Chương III Luật đê điều 2006: Bảo vệ và sử dụng đê điều

Chapter III

DIKE PROTECTION AND USE

Article 23.- Dike protection scope

1. The dike protection scope covers dikes, dike embankments, dike culverts, supporting facilities, dike protection corridors.

2. The dike protection corridor is provided as follows:

a/ The dike protection corridor for dikes of special grade, grade I, grade II and grade III at locations where dikes run through residential areas, urban centers or tourist resorts is 5 meters from the dike foot outwards to the river and the field; the dike protection corridor at other locations is 25 meters outwards from the dike foot to the river, 20 meters towards the river, for river dikes and 200 meters towards the sea, for sea dikes;

b/ The dike protection corridor for dikes of grade IV and grade V is provided for by provincial-level People's Committees but must not be shorter than 5 meters from the dike foot outwards to the river and the field.

3. The protection corridor for dike embankments or dike culverts is 50 meters on each side from the last construction sections of the dike embankments or culverts.

4. The expansion, if necessary, of the dike protection corridor in areas where land is swollen or bubbled up or is likely to swell or bubble up, thus threatening the dike safety, is decided by provincial-level People's Committees.

5. Provincial-level People's Committees shall organize the planting of dike protection boundary markers on the field.

Article 24.- Dike-protection responsibilities

1. Upon detecting acts or natural impacts which cause harms to or threaten the safety of dikes, organizations and individuals shall immediately report thereon to the nearest People's Committees or local dike management state bodies for timely prevention and handling measures.

2. Upon the appearance of flood warnings of grade I for diked rivers or flood warnings of grade II or higher for other rivers, the People's Committees of communes where exist dikes shall mobilize local labor forces to join the specialized dike management forces in conducting patrols, watch at dike watch stations, detecting and handling in time dike incidents. Remuneration for such forces is prescribed by provincial-level People's Committees.

Article 25.- Grant of permits for dike-related activities

1. The following activities are subject to permission of provincial-level People's Committees:

a/ Cutting, sawing dikes for work construction within the dike protection scope;

b/ Drilling, digging within the dike protection scope;

c/ Building culverts across dikes; building special works within the dike protection scope, river stretches, riverbeds;

d/ Building underground works; drilling, digging for groundwater tapping within one kilometer from the outer edge of the dike protection scope;

e/ Using dikes, dike embankments, dike culverts as places for mooring or anchoring ships, boats, rafts;

f/ Exploiting earth, rock, sand, cobble or other minerals on riverbeds;

g/ Leaving materials. exploiting earth, rock, sand, other minerals, digging ponds or wells on riverbeds;

h/ Dredging navigation channels within the dike protection scope.

2. The grant of permits for activities specified in Clause 1 of this Article shall be based on dike technical norms and construction technical norms promulgated by competent state management bodies; the grant of permits for activities specified at Points a, b and c, Clause 1 of this Article for dikes of special grade, grade I, grade II or grade III must be approved in writing by the Ministry of Agriculture and Rural Development.

3. Provincial-level People's Committees have the following responsibilities:

a/ To post up and guide the regulations on grant of permits;

b/ To examine the regularity and legality of dossiers of application for permits for activities defined in Clause 1 of this Article;

c/ To grant permits or reply in writing cases of failure to fully meet the conditions for grant of permits or non-grant of permits within 20 days at most after the receipt of complete and valid dossiers;

d/ To inspect the observance of permits and activities without permits, suspend activities and withdraw permits when permit grantees violate the provisions of this Law;

e/ To settle complaints and denunciations about the grant of permits in accordance with the law on complaints and denunciations.

4. Persons competent to grant permits bear responsibility for their decisions according to the provisions of law.

5. Permit grantees have the following rights and obligations:

a/ To fully submit dossiers of application for permits according to regulations; to take responsibility for the truthfulness of the dossiers; to strictly comply with the contents stated in the permits; when wishing to adjust or change the contents of their permits, to obtain written approval of competent bodies;

b/ To request agencies competent to grant permits to give explanations and guidance and to strictly observe the regulations on grant of permits; to complain about or denounce violations of law in the grant of permits.

Article 26.- Use of river stretches where exist no construction works

1. For the construction of flood-diverting or flood-slowing works, dike embankments, boundary marker posts, assorted dike signboards, water level poles, stations for observation of technical parameters on dikes, anti-flood and- storm reserve supply storage yards and planting of dike protection breakwater trees.

2. For the construction of defense and security works, traffic or irrigation works, underground works in service of socio-economic development, groundwater tapping well systems, pump stations, dry-docks.

3. For the construction of works under investment projects approved by the Prime Minister as provided for in Clause 4 of this Article.

The permitted construction works must concurrently satisfy the following conditions:

a/ Lying outside the dike protection areas;

b/ Complying with anti-flood plannings of diked rivers, dike plannings, land use plannings and construction plannings, which have been approved by competent state bodies;

c/ The construction of works must not reduce beyond the allowed limit the designed flood flow; must not increase beyond the allowed limit the designed flood water level; must not affect the flows of adjacent, upstream and downstream areas;

d/ Satisfying the technical standards of dikes.

4. Provincial-level People's Committees shall direct the formulation of investment projects on construction of works defined in Clause 3 of this Article and submit them to the Ministry of Agriculture and Rural Development for appraisal before submitting them to the Prime Minister for approval.

5. Provincial-level People's Committees shall grant permits for construction activities defined in Clauses 2 and 3 of this Article.

6. The Government shall detail the implementation of this Article.

Article 27.- Handling of works, dwelling houses currently existing in dike protection areas and river stretches

1. Based on the anti-flood plannings of the diked rivers already approved by competent state bodies, provincial-level People's Committees shall direct the formulation of, and approve the schemes on adjustment of land use plannings and construction plannings of river stretches.

2. Based on the adjusted plannings defined in Clause 1 of this Article, the handling of existing works and dwelling houses in dike protection areas and in river stretches is provided as follows:

a/ Works and dwelling houses existing in areas hit by land slides and works and dwelling houses in dike protection areas must be removed, excluding supporting facilities and special works prescribed by this Law;

b/ Existing works and dwelling houses inconsistent with the plannings must be removed; pending the removal, repair and renovation can be made to ensure safety for the lives and properties of people but the flooring space thereof must not be expanded;

c/ Existing works and dwelling houses consistent with the plannings can be repaired, renovated, upgraded or replaced with new ones.

3. Provincial-level People's Committees shall direct the formulation of projects on population relocation and settlement as well as the relocation plans and conduct the removal of works and dwelling houses inconsistent with the planning; provide the grant of permits for construction, upgrading or repair of the existing works or dwelling houses defined in Clause 2 of this Article.

4. Organizations and individuals whose works or dwelling houses must be removed are considered for damage compensations or financial supports according to the provisions of law.

5. The Government shall specify the removal of works and dwelling houses defined at Points a and b of Clause 2 and Clause 4 of this Article.

Article 28.- Construction and renovation of traffic works related to dikes

1. Organizations and individuals that construct or renovate traffic works related to dikes shall comply with the following regulations:

a/ Dike-cum-roads must ensure dike safety; dikes renovated for combined use as roads shall be maintained and repaired according to technical standards of dikes and technical standards on traffic;

b/ The construction of bridges spanning diked rivers must be accompanied with viaducts running over river stretches to ensure smooth flow and dike safety as provided for by this Law and ensure waterway traffic under the provisions of law on inland waterway traffic; construction materials, discarded materials and makeshifts must not affect the flow and must be removed after the completion of works.

2. The construction or renovation of traffic works related to dikes specified in Clause 1 of this Article must be approved in writing by provincial-level People's Committees, for works affecting a province; or by the Ministry of Agriculture and Rural Development, for works affecting two or more provinces.

Article 29.- Use of dike protection corridors, dike embankments, dike culverts

1. Land in dike protection corridors, dike embankments or dike culverts is also used as roads or planted with breakwater trees, rice or cash crops.

2. The exploitation of breakwater trees in dike protection corridors, dike embankments, dike culverts shall comply with the guidance of local dike management state agencies.

Article 30.- Protection and use of existing cultural and historical relics or scenic places in dike protection areas and river stretches

The protection and use of existing cultural and historical relics as well as scenic places in dike protection areas or river stretches shall comply with the provisions of this Law, the law on cultural heritages, the law on tourism and the law on environmental protection.

Article 31.- Allowed tonnages of vehicles traveling on dikes and dike signboards

The Ministry of Agriculture and Rural Development shall specify the allowed tonnages, the grant of permits for motorized vehicles traveling on dikes and forms of dike signboards.