Consolidated Document number 39/VBHN-BNNMT on prevention and control of aquatic animal diseases

CIRCULAR

Guidelines on organizational structure, funding sources, and remuneration system for people's dike management forces

Circular No. 26/2009/TT-BNN dated May 11, 2009, issued by the Minister of Agriculture and Rural Development guiding the organizational structure, funding sources, and remuneration system for people's dike management forces, which took effect 45 days from the date of issuance, has been amended and supplemented by:

1. Circular No. 18/2025/TT-BNNMT dated June 19, 2025, issued by the Minister of Agriculture and Environment detailing regulations on decentralization, delegation, and determination of administrative authority in the field of dikes and flood control, effective from July 1, 2025;

2. Circular No. 10/2026/TT-BNNMT dated February 6, 2026, issued by the Minister of Agriculture and Environment amending and supplementing certain articles of circulars in the field of dikes and flood control, effective from February 6, 2026.

Pursuant to the Law on Dikes dated November 29, 2006;

Pursuant to Decree No. 113/2007/NĐ-CP dated June 28, 2007, of the Government detailing and guiding the implementation of certain provisions of the Law on Dikes;

Pursuant to Decree No. 01/2008/NĐ-CP dated January 3, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

The Ministry of Agriculture and Rural Development guides the organizational structure, funding sources, and remuneration system for people's dike management forces as follows^[1]:

Article 1. Scope of Application

This Circular guides the organizational structure, funding sources, and remuneration system for people's dike management forces performing tasks of managing, protecting dikes, and dike patrols at localities, not included in state civil service, as provided for in Clause 3, Article 37 of the Law on Dikes.

Article 2. Organizational Structure of People's Dike Management Forces

1.^[2] People's dike management forces are established by the Provincial People's Committee, not included in state civil service, organized according to each commune, ward, special zone adjacent to the dike.

Each member of the people's dike management force shall be responsible for managing no more than 3 kilometers of dike. Based on the number of kilometers of dike within the area, the Provincial People's Committee decides on the number of members of the people's dike management force.

3.^[3] The people's dike management forces operate under the management and direction of the Commune People's Committee and technical guidance from specialized agencies implementing state management tasks related to dikes and flood control under the Commune People's Committee and the Dike Management Station or specialized agencies implementing state management tasks related to dikes and flood control under the Department of Agriculture and Environment.

Article 3. Tasks of Members of the People's Dike Management Force

1.^[4] Comply with the assignment of the Commune People's Committee and technical guidance from specialized agencies implementing state management tasks related to dikes and flood control under the Commune People's Committee and the Dike Management Station or specialized agencies implementing state management tasks related to dikes and flood control under the Department of Agriculture and Environment;

Coordinate with specialized forces managing dikes in regularly inspecting, patrolling, and guarding dikes within their jurisdiction, participating in handling dike emergencies;

Inspect, detect, and promptly report the condition of dikes, damage, and dike emergencies;

Promptly detect and prevent violations of laws concerning dikes;

Draft records and recommend competent authorities to handle violations of laws concerning dikes;

Promote and disseminate laws concerning dikes, mobilize the public to comply with laws concerning dikes;

Participate with specialized agencies in developing dike protection plans and measures to prevent floods and typhoons;

Participate in managing and protecting technical facilities serving dike management and protection activities such as: dike watch points; flood prevention materials; dike signs; boundary markers; wave-blocking trees protecting dikes and other auxiliary works;

When performing duties, members of the people's dike management force must wear a red armband with the yellow letters "QLĐND" on the left arm.

Article 4. Regulations on the system and content of reports

1.^[5] Staff managing people's dykes have the responsibility to report to the People's Committee of the commune twice a month on the 1st and 15th of each month regarding the condition of the dyke system, flood and storm prevention works, and the status of reserve materials for flood and storm prevention on the assigned territory.

2.^[6] The People's Committee of the commune has the responsibility to compile reports from staff managing people's dykes and report to the Dyke Management Station or specialized agencies implementing state management functions over the dyke system and natural disaster prevention under the Department of Agriculture and Environment once a month.

3.^[7] When performing their duties, staff managing people's dykes who discover violations of laws concerning the dyke system or damage and accidents involving the dyke system must promptly report to specialized agencies implementing state management functions over the dyke system and natural disaster prevention under the People's Committee of the commune and the Dyke Management Station, or the Civil Defense Command Board of the commune to handle the situation promptly.

4. Content of the report when discovering violations of laws concerning the dyke system or damage and accidents involving the dyke system:

a) Time of discovery of violation or damage and accident involving the dyke system;

b) Location, extent, characteristics, size, development of violation or damage and accident involving the dyke system, and proposed measures for handling.

In cases where dangerous violations or damage and accidents involving the dyke system pose a threat to the safety of the dyke system, immediate measures must be taken to prevent them and urgent reports made to competent authorities for prompt handling.

Article 5. Sources of funding and policies for staff managing people's dykes

1. Staff managing people's dykes shall receive remuneration. Based on the actual situation of the locality, the Provincial People's Committee shall specify the specific level of remuneration for staff managing people's dykes.

2. Staff managing people's dykes shall be trained in professional knowledge and skills related to the management and protection of the dyke system and dike maintenance.

3. Staff managing people's dykes shall be provided with labor protective equipment when performing their duties (raincoats, boots, hard hats, flashlights) and shall enjoy benefits and policies according to current regulations in case of accidents while on duty.

4.^[8] Sources of funding to maintain the operation of the people's dyke management force:

a) Provincial natural disaster prevention fund;

b) Local budget guaranteed in accordance with the State Budget Law.

Article 6. Responsibilities of the People's Committee of the commune where there are dykes^[9]

1. Organize the people's dyke management force within its jurisdiction. Directly manage, guide, supervise activities, and urge the implementation of tasks by this force.

2.^[10] Take the lead and coordinate with the Dyke Management Station or specialized agencies implementing state management functions over the dyke system and natural disaster prevention under the Department of Agriculture and Environment to train professional knowledge and skills related to the management and protection of the dyke system and dike maintenance for the people's dyke management force.

3.^[11] Direct, inspect, guide, settle remuneration fees, and implement policies and benefits for staff managing people's dykes according to state regulations.

Article 7. Responsibilities of the Department of Agriculture and Environment^[12]

1.^[13] Advise the Provincial People's Committee and coordinate with the People's Committee of the commune where there are dykes to organize and guide the activities of the people's dyke management force.

2.^[14] Organize and direct the Dyke Management Station or specialized agencies implementing state management functions over the dyke system and natural disaster prevention under the Department of Agriculture and Environment to coordinate with the People's Committee of the commune to organize training in professional knowledge and skills related to the management and protection of the dyke system and dike maintenance for the people's dyke management force.

3. Direct the specialized force managing the dyke system to cooperate with the people's dyke management force in regularly inspecting, patrolling, and guarding the dyke system within their territory, and participate in handling accidents involving the dyke system.

Article 8. Implementation provisions^[15]

1. This Circular shall take effect 45 days from the date of signature.

2. During the implementation process, if there are any difficulties, the People's Committees of provinces and centrally governed cities are requested to promptly report to the Ministry of Agriculture and Rural Development^[16] for study and resolution./.

^{_________________________________________}

^[1] Circular No. 18/2025/TT-BNNMT detailing the delegation, decentralization, and determination of administrative management authority in the dike and flood control sector is based on the following grounds:

“Pursuant to the Government Organization Law on February 18, 2025;

Pursuant to the Law on Organization of Local Administration dated June 16, 2025;

Pursuant to Resolution No. 190/2025/QH15 dated February 19, 2025 of the National Assembly on handling certain issues related to the restructuring of the state apparatus;

Pursuant to Decree No. 35/2025/NĐ-CP dated February 25, 2025 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decree No. 131/2025/NĐ-CP dated June 12, 2025 of the Government determining the jurisdiction of local administrations at two levels in the field of administrative management of the Ministry of Agriculture and Rural Development;

Pursuant to Decree No. 136/2025/NĐ-CP dated June 12, 2025 of the Government on the delegation and decentralization in the agricultural and environmental sectors;

At the proposal of the Director of the Dike Management and Flood Control Bureau;"

Circular No. 10/2026/TT-BNNMT amending and supplementing certain articles of several Circulars in the dike and flood control sector is based on the following grounds:

“Pursuant to the Dike Law No. 79/2006/QH11 amended and supplemented by Law No. 15/2008/QH12, Law No. 35/2018/QH14, Law No. 60/2020/QH14, Law No. 18/2023/QH15, Law No. 47/2024/QH15, Law No. 84/2025/QH15, and Law No. 146/2025/QH15;

Pursuant to the Law on Natural Disaster Prevention and Control No. 33/2013/QH13 amended and supplemented by Law No. 60/2020/QH14, Law No. 18/2023/QH15, Law No. 47/2024/QH15, Law No. 55/2024/QH15, and Law No. 146/2025/QH15;

Pursuant to Decree No. 35/2025/NĐ-CP dated February 25, 2025 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decree No. 53/2026/NĐ-CP dated February 5, 2026 of the Government amending and supplementing certain articles of several Decrees in the dike and flood control sector;

At the proposal of the Director of the Dike Management and Flood Control Bureau;"

^[2] This Clause has been amended and supplemented according to the provisions of Clause 1, Article 4 of Circular No. 10/2026/TT-BNNMT amending and supplementing certain articles of several Circulars in the dike and flood control sector, which takes effect from February 6, 2026.

^[3] This Clause has been amended and supplemented according to the provisions of Clause 2, Article 4 of Circular No. 10/2026/TT-BNNMT amending and supplementing certain articles of several Circulars in the dike and flood control sector, which takes effect from February 6, 2026.

^[4] This Clause has been amended and supplemented according to the provisions of Article 5 of Circular No. 10/2026/TT-BNNMT amending and supplementing certain articles of several Circulars in the dike and flood control sector, which takes effect from February 6, 2026.

^[5] This Clause has been amended and supplemented according to the provisions of Article 6 of Circular No. 10/2026/TT-BNNMT amending and supplementing certain articles of several Circulars in the dike and flood control sector, which takes effect from February 6, 2026.

^[6] This Clause has been amended and supplemented according to the provisions of Article 6 of Circular No. 10/2026/TT-BNNMT amending and supplementing certain articles of several Circulars in the dike and flood control sector, which takes effect from February 6, 2026.

^[7] This Clause has been amended and supplemented according to the provisions of Article 6 of Circular No. 10/2026/TT-BNNMT amending and supplementing certain articles of several Circulars in the dike and flood control sector, which takes effect from February 6, 2026.

^[8] This Clause has been amended and supplemented according to the provisions of Article 7 of Circular No. 10/2026/TT-BNNMT amending and supplementing certain articles of several Circulars in the dike and flood control sector, which takes effect from February 6, 2026.

^[9] This provision is amended and supplemented pursuant to Clause 4, Article 6 of Circular No. 18/2025/TT-BNNMT detailing the delegation, classification, and determination of state management authority in the dike and flood control sector, which takes effect from July 1, 2025.

^[10] This clause is amended and supplemented pursuant to Article 8 of Circular No. 10/2026/TT-BNNMT amending and supplementing certain provisions of several circulars in the dike and flood control sector, which takes effect from February 6, 2026.

^[11] This clause is amended and supplemented pursuant to Article 8 of Circular No. 10/2026/TT-BNNMT amending and supplementing certain provisions of several circulars in the dike and flood control sector, which takes effect from February 6, 2026.

^[12] The phrase "Department of Agriculture and Rural Development" is replaced by the phrase "Department of Agriculture and Environment" pursuant to Clause 1, Article 10 of Circular No. 10/2026/TT-BNNMT amending and supplementing certain provisions of several circulars in the dike and flood control sector, which takes effect from February 6, 2026.

^[13] This clause is amended and supplemented pursuant to Clause 5, Article 6 of Circular No. 18/2025/TT-BNNMT detailing the delegation, classification, and determination of state management authority in the dike and flood control sector, which takes effect from July 1, 2025.

^[14] This clause is amended and supplemented pursuant to Article 9 of Circular No. 10/2026/TT-BNNMT amending and supplementing certain provisions of several circulars in the dike and flood control sector, which takes effect from February 6, 2026.

^[15] Articles 12 and 13 of Circular No. 18/2025/TT-BNNMT detailing the delegation, classification, and determination of state management authority in the dike and flood control sector, which takes effect from July 1, 2025, are stipulated as follows:

“Article 12. Effective Date

1. This Circular takes effect from July 1, 2025.

2. Repeal Section 2 of Chapter II including Articles 11, 12, 13, 14, 15, 16, and Clause 2 of Article 22 of Circular No. 02/2021/TT-BNNPTNT dated June 7, 2021 of the Ministry of Agriculture and Rural Development guiding the development of multi-level disaster prevention and control plans at local levels.

3. Disaster prevention and control plans at various levels that have been approved shall continue to be implemented until the end of their implementation cycle or until they are amended, supplemented, or replaced in accordance with Article 9 of this Circular.

Article 13. Responsibility for Implementation

1. The People's Council of the Special Administrative Region, the People's Committee of the Special Administrative Region, the Chairman of the People's Committee of the Special Administrative Region, and specialized agencies under the People's Committee of the Special Administrative Region shall exercise the powers and responsibilities of the People's Council of the district, the People's Committee of the district, the Chairman of the People's Committee of the district, and specialized agencies under the People's Committee of the district in the maritime area.

2. The People's Council of the commune, the People's Committee of the commune, the Chairman of the People's Committee of the commune, and specialized agencies under the People's Committee of the commune shall exercise corresponding powers and responsibilities of the People's Council of the district, the People's Committee of the district, the Chairman of the People's Committee of the district, and specialized agencies under the People's Committee of the district.

3. During the implementation of this Circular, if there are difficulties or obstacles, agencies, organizations, and individuals shall promptly report to the Ministry of Agriculture and Environment for guidance and research on amendments and supplements.

Article 29 of Circular No. 10/2026/TT-BNNMT amending and supplementing certain provisions of several circulars in the dike and flood control sector, which takes effect from February 6, 2026, is stipulated as follows:

“Article 29. Implementation Provisions

1. This Circular takes effect from the date of issuance.

2. During the implementation process, if there are difficulties or obstacles, agencies, organizations, and individuals shall promptly report to the Ministry of Agriculture and Environment for guidance and research on amendments and supplements.

^[16] The phrase "Ministry of Agriculture and Rural Development" is replaced by the phrase "Ministry of Agriculture and Environment" pursuant to Clause 2, Article 10 of Circular No. 10/2026/TT-BNNMT amending and supplementing certain provisions of several circulars in the dike and flood control sector, which takes effect from February 6, 2026.