Chương II Luật đê điều 2006: Quy hoạch, đầu tư xây dựng, tu bổ, nâng cấp và kiên cố hóa đê điều

Chapter II

DIKE CONSTRUCTION, MAINTENANCE, UPGRADING AND SOLIDIFICATION PLANNINGS AND INVESTMENT

SECTION 1. ANTI-FLOOD PLANNINGS OF DIKED RIVERS

Article 8.- Principles and grounds for elaboration of anti-flood plannings of diked rivers

1. The principles for elaboration of anti-flood plannings of diked rivers are provided as follows:

a/ Being consistent with overall socio-economic development plannings; defense and security objectives; natural disaster prevention, fighting and reduction strategy; anti-flood plannings of river basins;

b/ Ensuring to drain designed floods and historical floods of the rivers;

c/ Ensuring the uniformity and suitability with each region, each zone nationwide and inheriting the anti-flood plannings of diked rivers.

2. Grounds for elaboration of anti-flood plannings of diked rivers include:

a/ Long-term flood forecasts;

b/ Natural, socio-economic conditions;

c/ Current status of dike systems;

d/ Land use planning and other relevant plannings.

Article 9.- Contents of anti-flood plannings of diked rivers

1. To determine the anti-flood orientations, objectives and technical norms of river systems so as to elaborate and implement the anti-flood plannings of diked rivers.

2. To determine the designed floods of rivers, including upstream designed floods and designed flood water levels.

3. To determine technical solutions of the anti-flood plannings of diked rivers, including:

a/ Construction of upstream water reservoirs;

b/ Planting of headwater protective forests and dike protection breakwater trees;

c/ Construction, maintenance and consolidation of dikes;

d/ Identification of flood-diverting or -slowing zones, capability to divert floods into other rivers;

e/ Clearing of river flows;

f/ Dike management and maintenance.

4. To anticipate the environmental impacts of the anti-flood plannings of diked rivers and propose measures to minimize the adverse impacts on the environment.

5. Measures to organize the realization of the anti-flood plannings of diked rivers.

Article 10.- Adjustment of anti-flood plannings of diked rivers

1. The anti-flood plannings of diked rivers shall be reviewed and supplemented periodically once every ten years or upon the occurence of incidents due to natural disasters or changes in the overall socio-economic development planning, defense and security objectives, natural disaster prevention, fighting and reduction strategy.

2. The adjustment of anti-flood plannings of diked rivers shall be effected under the provisions of Article 8 of this Law.

Article 11.- Responsibilities to formulate and adjust anti-flood plannings of diked rivers

1. The Ministry of Agriculture and Rural Development shall formulate and adjust the anti-flood plannings of diked rivers nationwide.

2. Provincial-level People's Committees shall formulate and adjust the anti-flood planning of each diked river under their respective local management.

Article 12.- Competence to approve anti-flood plannings of diked rivers and to approve adjustments thereto

1. The Government approves the anti-flood plannings nationwide and approves adjustments thereto which are submitted by the Ministry of Agriculture and Rural Development.

2. Provincial-level People's Councils approve the detailed anti-flood planning of each diked river under their respective local management and approve adjustments thereto which are submitted by provincial-level People's Committees after obtaining the agreement of the Ministry of Agriculture and Rural Development.

Article 13.- Publicization and direction of the realization of anti-flood plannings of diked rivers and adjustments thereto

1. Within thirty days after the anti-flood plannings of diked rivers are approved by competent state bodies, the Ministry of Agriculture and Rural Development shall publicize the national anti-flood plannings of diked rivers and adjustments thereto and People's Committees at all levels shall publicize their local anti-flood plannings of diked rivers at their offices throughout the planning period for organizations and individuals to know and implement them.

2. Based on the anti-flood plannings of diked rivers and adjustments thereto which are approved by competent state bodies, relevant ministries, ministerial-level agencies and provincial-level People's Committees shall direct and coordinate the implementation of these anti-flood plannings of diked rivers.

SECTION 2. DIKE PLANNINGS

Article 14.- Principles and grounds for formulation of dike plannings

1. The principles for formulation of dike plannings are provided for as follows:

a/ Dike plannings must be in line with the overall socio-economic development plannings; the defense and security objectives; the natural disaster prevention, fighting and reduction strategy and the anti-flood plannings of diked rivers; ensure uniformity in the dike system and continuity of dike plannings;

b/ Sea dike plannings must ensure the fight against storms and tidal waves under technical norms on sea dike designs and cover areas for the planting of breakwater trees;

c/ Plannings on river dikes, river-mouth dikes, auxiliary dikes, surrounding dikes and special-use dikes must ensure safety corresponding to the designed flood water level and include measures to ensure dike safety upon the occurrence of historic floods; must ensure the coordination among localities in the same basin, not affect the anti-flood plannings of diked rivers and the entire river system.

2. Grounds for formulation of dike plannings include:

a/ The natural, socio-economic conditions and the requirements to maintain defense and security;

b/ The natural disaster prevention, fighting and reduction strategy;

c/ The anti-flood plannings of diked rivers;

d/ The situation on implementation of previous dike plannings and forecasts on demands for dike construction, repair, upgrading and solidification;

e/ The land use planning and other relevant plannings.

Article 15.- Contents of dike plannings

1. Determining the tasks of dikes.

2. Determining the technical parameters of dikes.

3. Determining dike position, locations, scales of key infrastructure works on dikes.

4. Determining land areas reserved for dike construction, repair, upgrading and solidification.

5. Determining solutions to implementation of plannings.

6. Projecting items prioritized for implemen-tation, resources for implementation.

7. Anticipating environmental impacts of the plannings implementation and propose measures to minimize adverse impacts on environment.

Article 16.- Adjustment of dike plannings

1. Dike plannings shall be reviewed and supplemented periodically once every ten years or upon the occurrence of incidents due to natural calamities, changes in anti-flood plannings, overall socio-economic development plannings, defense and security objectives.

2. The adjustment of dike plannings shall be effected under the provisions of Article 14 of this Law.

Article 17.- Responsibilities to formulate and adjust dike plannings

1. The Ministry of Agriculture and Rural Development shall formulate and adjust the dike plannings of regions, zones and the whole country.

2. Ministries, ministerial-level agencies shall formulate and adjust plannings on special-use dikes.

3. Provincial-level People's Committees shall formulate and adjust plannings on dikes under local management.

4. The order and procedures for formulation and adjustment of dike plannings comply with the guidance of the Ministry of Agriculture and Rural Development.

Article 18.- Competence to approve dike plannings, approve the adjustment of dike plannings

1. The Government approves the dike plannings of regions, zones and the whole country and approves adjustments thereto which are submitted by the Ministry of Agriculture and Rural Development.

2. The Ministry of Agriculture and Rural Development approves the dike plannings and adjustments thereto which are submitted by ministries, ministerial-level agencies or provincial-level People's Committees.

Article 19.- Publicization and direction of the realization of dike plannings and adjustments thereto

1. Within thirty days after their respective dike plannings or dike planning adjustments are approved by competent state bodies defined in Article 18 of this Law, People's Committees of all levels shall publicize them at their offices throughout the planning period for organizations and individuals to know and implement them.

2. Based on the approved dike plannings or planning adjustments, ministries, ministerial-level agencies having special-use dikes and provincial-level People's Committees shall direct the implementation thereof.

3. Based on the approved dike plannings or planning adjustments, provincial-level People's Committees shall direct the organization of planting of construction limit and dike protection scope markers.

SECTION 3. INVESTMENT IN DIKE CONSTRUCTION, REPAIR, UPGRADING AND SOLIDIFICATION

Article 20.- Dike construction, repair, upgrading and solidification

1. Dike construction, repair, upgrading and solidification are carried out when so decided by competent state bodies defined in Clauses 3 and 4 of this Article.

2. Dike construction, repair, upgrading and solidification must comply with technical norms on dikes and other relevant provisions of law.

3. The Ministry of Agriculture and Rural Development shall decide according to its competence the investment in construction, repair, upgrading and solidification of dikes nationwide; inspect and monitor the realization of technical norms on dikes.

4. Provincial-level People's Committees shall decide according to their competence, direct and organize the investment in construction, repair, upgrading and solidification of dikes in their localities.

Article 21.- Provisions on land used for dike construction, repair, upgrading or solidification

1. Land used for dike construction, repair, upgrading or solidification is provided for as follows:

a/ When the State uses the land within the dike protection areas for dike construction, repair, upgrading or solidification, the users of that land are entitled to compensation or supports for crops and property on land;

b/ When the State recovers land outside the dike protection areas for construction of new dikes or expansion of existing dikes and that land becomes situated inside the dike protection areas, the users of that land are entitled to compensation or support for land, crops and property on land;

c/ When the State exploits land outside the dike protection areas for use as materials in service of dike construction, repair, upgrading or solidification but later the users of that land may continue using the land, these land users are entitled to compensation for damage caused by land exploitation.

2. Compensation and supports for persons with land recovered or exploited as provided in Clause 1 of this Article comply with the provisions of land law.

3. People's Committees at all levels shall, within the ambit of their respective tasks and powers, clear the grounds; investors shall pay compensations for damage.

Article 22.- Investment in dike construction, repair, upgrading or solidification

1. Investment in dike construction, repair, upgrading or solidification shall be made in line with dike plannings, the law on investment and the law on construction.

2. Annual budget plans for investment in dike construction, repair, upgrading or solidification constitute separate items and are provided for as follows:

a/ Central budget is used for investment in dikes of special grade, grade I, grade II and grade III and as support for dikes of grades IV and V;

b/ Local budget is used for investment in dikes of all grades in localities.