Circular No. 54/2013/TT-BNNPTNT guiding the classification of dikes and specifying permissible load for motor vehicles traveling on dikes

CIRCULAR

Guidelines for categorizing dikes and specifying permissible load limits for motor vehicles traveling on dikes

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Pursuant to Decree No. 01/2008/NĐ-CP dated January 3, 2008 of the Government stipulating the functions, tasks, authorities, and organizational structure of the Ministry of Agriculture and Rural Development; Decree No. 75/2009/NĐ-CP dated September 10, 2009 of the Government amending Article 3 of Decree No. 01/2008/NĐ-CP;

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

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

At the proposal of the Director General of the Department of Water Resources;

The Minister of Agriculture and Rural Development issues this Circular guiding the categorization of dikes and specifying permissible load limits for motor vehicles traveling on dikes.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the categorization of dikes and specifies permissible load limits for motor vehicles traveling on dikes.

Article 2. Applicability

This Circular applies to agencies, organizations, and individuals involved in activities related to dike management.

Article 3. Explanation of Terms

1. Protected area is the total area that would be flooded if the dike were to break, corresponding to the designed water level of the dike (including areas within embankments and specialized dikes).

2. Average depth of flooding for residential areas relative to the designed water level of the dike is the difference between the designed water level height of the dike and the average height of the residential areas protected by the dike.

Chapter II

CONTENTS OF DIKE CATEGORIZATION

Article 4. Special Category Dike

The Red River dike section from K47+980 to K85+689 within the jurisdiction of Hanoi City is classified as a special category dike.

Article 5. Categorization of River Dikes

River dikes are categorized based on the following criteria:

1. Criteria regarding population and protected area:

Table 1:

2. Criteria regarding the average depth of flooding for residential areas relative to the designed water level of the dike (m): Average depth of flooding for residential areas relative to the designed water level of the dike (m):

1. This Circular takes effect from February 20, 2023; the provisions of this Circular shall apply from January 1, 2023.

3. Criteria regarding the designed flood flow rate:

Table 3:

4. In cases where the dike category determined according to the criteria specified in Table 1 differs from those in Tables 2 and 3, the dike category shall be determined according to Table 1; the criteria specified in Tables 2 and 3 serve as grounds for increasing or decreasing the dike category.

Article 6. Categorization of Coastal Dikes and River Mouth Dikes

Coastal dikes and river mouth dikes are categorized based on the following criteria:

1. Criteria regarding population and protected area:

Table 4:

Table 5:

3. In cases where the dike category determined according to the criteria specified in Table 4 differs from those in Table 5, the dike category shall be determined according to Table 4; the criteria specified in Table 5 serve as grounds for increasing or decreasing the dike category.

Article 7. Categorization of Embankment Dikes and Specialized Dikes

Depending on the location of the dike line, apply the categorization criteria for river dikes or coastal dikes and river mouth dikes as prescribed in Articles 5, 6, and 9 of this Circular.

Article 8. Categorization of Flood Control Dikes

Flood control dikes are categorized as V for all cases.

Dike Bối is classified as Level V for all cases.

Article 9. Adjustment to Increase or Decrease the Levee Classification

After levees have been classified according to the provisions of Articles 5, 6, and 7 of this Circular, they may be adjusted to increase or decrease their classification based on the following criteria:

1. Levees protecting cities, economic zones, cultural areas, industrial zones, defense, and important security areas;

2. Levees protecting areas with main transportation hubs, key national traffic routes, and important transportation roads;

3. Flood and storm characteristics of each region;

4. Administrative boundaries within which the levees provide protection.

Article 10. Determination of the Boundaries of River Levees, Estuary Levees, and Sea Levees

1. The boundary between river levees and estuary levees is determined at the location where the water level difference due to tidal surge is approximately 0.5 meters, corresponding to the case where the water level in the river is the designed levee water level, and the sea tide frequency is 5% and typhoon intensity is Category 9.

2. The boundary between estuary levees and sea levees is determined at the location where the wave height is approximately 0.5 meters, corresponding to the case where the water level in the river is the designed levee water level, and the adverse sea waves correspond to a 5% tide frequency and typhoon intensity of Category 9.

Article 11. Responsibilities for Implementing Provisions on Levee Classification

1. Provincial People's Committees and Municipal People's Committees directly under the Central Government shall organize the classification of levees along the levee lines within their jurisdiction according to the provisions of this Circular and submit them to the Ministry of Agriculture and Rural Development for decision pursuant to the delegation of the Government.

2. The levee classifications made according to this Circular must be consistent with the flood prevention and control plans for the river sections with levees; and the approved dike management plans.

3. Localities with levees that have been classified by the Ministry of Agriculture and Rural Development shall annually review these classifications according to the criteria stipulated in Articles 5, 6, 7, and 9 of this Circular. If they are not appropriate, they shall submit to the Ministry of Agriculture and Rural Development for adjustment of the levee classification to make it suitable.

Chapter III

LOAD LIMITATIONS PERMITTED FOR MOTOR VEHICLES TRAVELING ON LEVEES

Article 12. Principles for Setting Load Limitations for Motor Vehicles Traveling on Levees

1. Load limitations for motor vehicles traveling on levees must ensure the safety of the levees.

2. Determining load limitations for motor vehicles traveling on levees must be based on the geological conditions of the levee foundation, levee body, levee surface structure, and levee characteristics.

3. Signboards indicating load limitations for levee sections must be appropriate to the characteristics of the levee sections (traffic intersections with levees, levee inclines, structures on levees), facilitating the operation of vehicles on levees.

4. Signboards limiting the load for motor vehicles traveling on levees shall be implemented according to the current road traffic sign models.

Article 13. Load Limitations Permitted for Motor Vehicles Traveling on Levees

1. For levee sections serving as traffic roads as provided for in Article 28 of the Law on Dikes, if the design load has been calculated and approved, motor vehicles may travel on the levee up to the permitted design load.

2. For levee sections without calculated load limits but with hardened surfaces using concrete or asphalt, motor vehicles may travel on the levee with a total load not exceeding 12 tons.

3. For levee sections not covered by paragraphs 1 and 2 of this Article, motor vehicles may travel on the levee with a total load not exceeding 10 tons.

Article 14. Responsibility for Implementing Regulations on Allowable Load for Motor Vehicles Traveling on Dikes

1. Organizations and individuals shall be responsible for complying with regulations on allowable load for motor vehicles traveling on dikes.

2. Organizations and individuals who have the need to use the dike surface as a road for vehicles with a load greater than that specified in Article 13 of this Circular must obtain approval from the competent authority and must reinforce, maintain, repair or contribute funds for reinforcement, maintenance, and repair in accordance with the provisions.

3. Traffic on dikes in accordance with the allowable load regulations set forth in Article 13 of this Circular and Clause 2 of this Article shall only be implemented when the dike is not experiencing any incidents or floods, storms, or typhoons. When the dike experiences incidents or floods, storms, or typhoons, depending on the specific situation, the People's Committee of the province shall direct the restriction of motor vehicles traveling on the dike in accordance with the provisions of Clause 6, Article 7 of the Law on Dike Management.

Chapter IV

IMPLEMENTING PROVISIONS

Article 15. Effective Date

1. This Circular takes effect from February 7, 2014.

2. This Circular replaces Decision No. 344/QD-KT dated March 21, 1977 of the Minister of Water Resources (now the Ministry of Agriculture and Rural Development).

Article 16. Responsibility for Implementation

1. The Director of the Ministry's Office, the General Director of the Water Resources General Department, the Chairpersons of the People's Committees of centrally governed cities and provinces, the Directors of the Departments of Agriculture and Rural Development of centrally governed cities and provinces, the Heads of units under the Ministry, and organizations and individuals related to this matter are responsible for implementing this Circular.

2. During the implementation process, if there are difficulties or obstacles, organizations and individuals shall promptly report them to the Ministry of Agriculture and Rural Development for study, amendment, and supplementation to ensure appropriateness./.