Chương IV Luật đê điều 2006: Hộ đê

Chapter IV

DIKE MAINTENANCE

Article 32.- Dike maintenance and salvage of works related to the safety of dikes

1. Dike maintenance shall be carried out regularly, particularly in the flood and storm seasons and dikes shall be salvaged promptly upon incidents or threats of incident.

2. The salvage of works related to dike safety is the same as dike maintenance specified in Articles 35 and 36 of this Law.

Article 33.- Regulation of flood-cutting or -reducing water reservoirs

In rainy and flood seasons, flood-cutting or -reducing water reservoirs must be regulated to cut or reduce floods for downstream areas. The flood cutting or reduction must ensure safety for works and comply with technical standards on the operation of water reservoirs promulgated by competent state agencies.

Article 34.- Competence to divert or slow floods for dike maintenance

1. The Prime Minister decides to divert or slow floods for dike maintenance in cases where the flood diversion or slowing affects two or more provinces.

2. Provincial-level People's Committee presidents decide to divert or slow floods for dike maintenance in cases where the flood diversion or slowing only affects their localities.

Article 35.- Mobilization of forces, supplies and means for dike maintenance

1. When dikes or relevant works face incidents or threats of incidents, presidents of People's Committees at various levels shall mobilize forces, supplies and means for dike protection and salvage according to the competence defined in Clause 2 of this Article; decide on and organize the relocation population from danger areas for safety.

2. The competence to mobilize forces, supplies and means is provided for as follows:

a/ Presidents of provincial-level People's Committees and heads of provincial-level anti- flood and-storm boards have the right to promptly mobilize forces, supplies and means of the State, localities, organizations and individuals in their respective localities to salvage and ensure safety for dikes; may mobilize anti-storm and -flood reserve supplies of the central government in their respective localities; if it is beyond their capacity, they shall report thereon to the Prime Minister for mobilization decision;

b/ Presidents of district-level People's Committees and heads of district-level anti-flood and -storm boards have the right to promptly mobilize forces, supplies and means of their respective localities, of organizations and individuals in their localities for dike salvage and safety assurance; if it is beyond their capacity, they shall report thereon to provincial-level People's Committee presidents for mobilization decision;

c/ Presidents of commune-level People's Committees have the right to promptly mobilize forces, supplies and means of their respective localities, or organizations and individuals in their localities for promptly handling dike incidents; if it is beyond their capacity, they shall report thereon to district-level People's Committee presidents for mobilization decision;

d/ When incidents occur, directly threatening the dike safety, heads of the central anti-flood and -storm board, heads of central agencies being members of the central anti-flood and- storm board have the right to order the mobilization of forces, supplies and means of organizations and individuals for dike maintenance and shall bear responsibility for their respective decisions;

e/ In case of emergency against floods, storms or other natural disasters, which requires the use of land, presidents of provincial- or district-level People's Committees have the right to requisition land. The land requisition and return and compensation for people having their land requisitioned shall comply with the provisions of law on land.

3. After handling the incidents, the persons who ordered the mobilization of forces, supplies and means must check the use thereof and carry out procedures for proposing to competent authorities for consideration and decision compensation amounts or supports for organizations and individuals having their forces, supplies, means or land mobilized.

4. Organizations and individuals shall abide by decisions of competent state agencies defined in Clause 2 of this Article when their human resources, supplies and means are mobilized for dike maintenance.

5. Persons who are injured or die while participating in dike maintenance shall be considered for entitlement to regimes and policies applicable to armed forces participating in dike maintenance under the provisions of law.

Article 36.- Responsibilities of dike maintenance organizations

1. The Prime Minister shall decide on measures against floods and storms in case of urgency, direct ministries, ministerial-level agencies and provincial-level People's Committees in conducting dike maintenance to ensure dike safety.

2. The Ministry of Agriculture and Rural Development is answerable to the Government for the direction of dike maintenance.

3. The Ministry of Natural Resources and Environment is responsible for meteorological and hydrological forecasts.

4. The Defense Ministry shall organize and direct the army to be the regular force in performing the tasks of dike maintenance, flood diversion and slowing.

5. Ministries and ministerial-level agencies shall, within the ambit of their respective tasks and powers, formulate and materialize plans for dike maintenance and salvage of works related to dike safety under their respective management and participate in dike maintenance in localities under the Prime Minister's direction.

6. People's Committees at all levels shall, within the ambit of their respective tasks and powers, direct the formulation of, and approve, dike maintenance plans and organize the dike maintenance to ensure dike safety.

7. The central anti-flood and -storm board shall direct the warning and measures to cope with floods and storms.