Decree No. 78/2005/ND-CP on the organization, tasks, powers, and uniforms of specialized forces managing dikes

 

DECREE OF THE GOVERNMENT

Regulations on organization, functions, powers, and uniforms
of specialized forces managing dykes and flood control

________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Flood Control and Storm Prevention dated March 8, 1993, and Ordinance No. 27/2000/PL-UBTVQH10 dated August 24, 2000, amending and supplementing certain articles of the Law on Flood Control and Storm Prevention;

Pursuant to the Law on Dyke Management dated August 24, 2000;

Upon the proposal of the Minister of Agriculture and Rural Development and the Minister of Home Affairs,

DECREE:

Article 1. Position and Functions

1. Specialized forces managing dykes at the provincial level where there are dykes shall be organized into Dyke Management Stations within the scope of one district or multiple districts.

The Dyke Management Station is a unit under the Provincial Dyke Management and Flood Control Service of the Department of Agriculture and Rural Development at the provincial level.

2. Specialized forces managing dykes have the function of directly managing and protecting dykes from Class III to special class within the provincial territory.

3. The Dyke Management Station has its own office, seal, and separate bank account.

The People's Committee of provinces and centrally governed cities (hereinafter referred to as the provincial People's Committee) with dykes shall specify the organizational structure of the Dyke Management Station.

Article 2. Duties and powers of the Dyke Management Station

1. Tasks

a) Directly manage and protect dykes from Class III to special class, specifically as follows:

- Regularly inspect and monitor the condition of dykes.

- Maintain and update records of data related to dykes.

- Manage emergency supplies for flood and storm prevention according to regulations.

- Detect and take timely measures to prevent and report violations concerning dykes according to the law.

- Organize technical guidance for people's dyke management forces.

b) Advise and propose technical and operational matters regarding dyke protection and flood and storm prevention, specifically as follows:

- Develop annual plans for repairing dykes.

- Plans for dyke protection and flood and storm prevention.

- Handling of dyke emergencies.

- Handling of violations of laws concerning dykes.

- Prepare emergency supplies for community flood and storm prevention.

- Promote and educate about laws on dykes, mobilizing the community to participate in dyke management and protection.

c) Supervise the construction and repair of dyke works, specifically as follows:

- Technical standards and progress of construction and repair of dykes funded from all sources.

- Construction of projects permitted that relate to the safety of dykes and flood discharge.

- Handling of violations concerning dykes according to the law.

d) Organize initial handling of dyke emergencies, specifically as follows:

- Patrol, detect, and promptly report conditions and developments of dyke damage and emergencies.

- Immediately develop urgent plans to handle dyke emergencies.

- Directly participate in handling and provide technical guidance for handling emergencies.

- Train technical skills for forces responsible for dyke protection and flood and storm prevention.

2. Authorities:

e) Inspect and coordinate with inspection organizations to enforce laws on dyke management.

a) Implement provisions set out in Sections 1 and 2 of this Article.

b) Be a formal member of the Acceptance Council for construction and repair projects of dykes funded from all sources.

c) Draft minutes or decisions to temporarily suspend activities and report to competent authorities for handling within three days of issuing decisions against organizations and individuals violating laws on dykes.

d) In emergency situations where there is a risk of dyke collapse, have the authority to report to People's Committees at various levels and state management agencies responsible for dykes under the Ministry of Agriculture and Rural Development.

Article 3. e) Organize the implementation of minor repairs, maintenance, and upkeep of dykes according to legal provisions.

Responsibilities of the Dyke Management Station

1. Shall be held legally accountable due to negligence leading to dyke breaches in the following cases:

a) For civil servants and employees directly managing dykes:

- Failure to promptly detect dyke damage or delayed, inaccurate reporting.

- Failure to promptly propose technical measures to handle initial dyke emergencies.

b) For heads of units directly managing dykes:

- Failure to complete assigned tasks.

2. - Failure to inspect and urge completion of tasks assigned to civil servants and employees managing dykes.

3. Jointly bear legal responsibility in cases of inadequate supervision resulting in construction units deviating from technical designs for dyke repairs; inadequate oversight allowing organizations and individuals to violate permitted contents affecting the safety of dykes and flood discharge structures.

Article 4. When performing official duties, officers, civil servants, and employees of specialized forces managing dykes must wear uniforms, insignia, identification cards, and work badges.

Establishment, funding, and equipment of specialized forces managing dykes

1. The establishment of the Dyke Management Station is determined by the provincial People's Committee based on staffing norms:

a) One person manages directly 3 to 4 kilometers of dyke (for Class I to Class III dykes) and 1 to 2 kilometers of special class dyke.

b) Staffing norms for managing Class IV dykes, local dykes; diversion and retardation structures are specified by the provincial People's Committee.

2. Operating funds for the Dyke Management Station are guaranteed by the state budget according to the legal provisions on budget allocation.

Article 5. Insignia, rank insignia, cards, and uniforms of the specialized force managing dikes

1. The insignia, rank insignia, cards, and uniforms of the specialized force managing dikes shall be implemented according to the provisions set out in the Appendix accompanying this Decree. The issuance of insignia, rank insignia, cards, and uniforms for the specialized force managing dikes shall be carried out in accordance with the following regulations:

- A kepi hat every three years.

- A soft hat every two years.

- A wool hat every three years.

- A wool coat every three years.

- Autumn-winter clothing, a vest, and a scarf every three years.

- Spring-summer clothing every year (two sets issued in the first year).

- Socks every year (two pairs issued in the first year).

- Leather shoes every three years.

- A leather belt every three years.

2. The funding for the production of insignia, rank insignia, cards, and uniforms shall be guaranteed from the state budget within the operational budget of the Dike Management Station as stipulated in Article 4 of this Decree.

Article 6. Responsibilities of Ministries, sectors, and Provincial People's Committees with dikes

1. The Ministry of Agriculture and Rural Development shall provide guidance on technical, professional, and vocational matters for the specialized force managing dikes.

2. Ministries and sectors with dedicated dikes shall be responsible for organizing, managing, and protecting their dedicated dikes in accordance with the law.

3. The Provincial People's Committee with dikes shall be responsible for directing the Department of Agriculture and Rural Development to inspect the activities of the Dike Management Stations.

Article 7. Effectiveness and Responsibility for Implementation

This Decree shall take effect fifteen days from the date of publication in the Official Gazette; it replaces Decision No. 398-HĐBT dated November 14, 1990 of the Council of Ministers (now the Government) regarding the functions, tasks, and authorities of the specialized force managing dikes and previous regulations that conflict with this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees shall be responsible for implementing this Decree.