Chương V Luật đê điều 2006: Lực lượng trực tiếp quản lý đê điều

Chapter V

FORCES DIRECTLY MANAGING DIKES

Article 37.- Forces directly managing dikes

1. Forces directly managing dikes include the specialized dike management force and the people's dike management force.

2. The specialized dike management force is set up and directly managed by provincial-level People's Committees. The organizational structure, uniform, badge, stripe, regimes and policies for the specialized dike management force are provided by the Government.

3. The people's dike management force is set up by provincial-level People's Committees, not on the state payroll, organized in each commune or ward along dikes and directly managed by commune-level People's Committees. The organizational structure, funding sources and remuneration regimes for the people's dike management force are provided by provincial-level People's Committees under the guidance of the Ministry of Agriculture and Rural Development.

Article 38.- Tasks of the specialized dike management force

1. The task of directly managing the dike protection covers:

a/ Regularly inspecting and monitoring the dike situation;

b/ Compiling archival dossiers and regularly updating data on dikes;

c/ Managing specialized reserve supplies in service of anti-flood and -storm activities;

d/ Detecting, applying measures to promptly prevent and proposing the handling of violations of the law on dikes;

e/ Providing technical and professional guidance for the people's dike management force;

f/ Mobilizing organizations and individuals to participate in dike management and protection.

2. The task of organizing the first-hour handling of dike incidents covers:

a/ Conducting patrols, detecting and promptly reporting on the dike situation, damage or incidents;

b/ Proposing plans on first-hour urgent handling of dike incidents;

c/ Directly participating in the handling and providing technical guidance on the handling of dike incidents;

d/ Providing technical handling guidance for forces performing the tasks of dike maintenance, flood and storm prevention and fighting.

3. The tasks of advising and making technical and professional proposals to competent state management agencies on the following matters:

a/ Formulation of annual plans on dike consolidation and repair;

b/ Plans on dike maintenance, flood and storm prevention and fighting;

c/ Handling of dike incidents;

d/ Preparation of reserve supplies for people in service of dike maintenance, flood and storm prevention and fighting;

e/ Propagation and education in the law on dikes.

4. Oversight of the construction, repair, upgrading and solidification of dike works and dike-related activities covers:

a/ The techniques and progress of dike construction, repair, upgrading and solidification funded with capital of all sources;

b/ The observance of contents of permits for construction of works, which are related to dike safety;

c/ The handling of violations of the law on dikes.

5. Organizing small repair, consolidation and maintenance of dikes according to the provisions of law.

6. Inspecting the observance of the law on dikes; coordinating with the dike specialized inspectorate in inspecting dike cases and matters.

Article 39.- Powers of the specialized dike management force

1. To act as a full-fledged member of the councils for the take-over test of dike construction, repair, upgrading or solidification works funded with capital of all sources.

2. To make records on, to decide to temporarily stop violations of the law on dikes by organizations or individuals and bear responsibility for its decisions; within 24 hours after issuing the temporary stoppage decisions to report thereon to competent state agencies for handling.

3. To report directly to provincial-level People's Committees or the Ministry of Agriculture and Rural Development in case of urgency or threat of dike break.

Article 40.- Responsibilities of the specialized dike management force

1. To be answerable to law for its irresponsibility which leads to dike break in the following cases:

a/ Dike management officials or employees fail to detect in time dike damage or report late or untruthfully on, fail to promptly propose technical measures for the first-hour handling of dike incidents;

b/ Heads of units directly managing dikes fail to fulfill their assigned tasks, fail to inspect and urge the implementation of tasks assigned to dike management officials or employees.

2. To bear joint responsibility before law for relaxation of inspection and supervision, thus helping construction units decline to comply with technical designs on construction, repair, upgrading or solidification of dikes; relaxation of supervision so that organizations or individuals fail to comply with the contents of their permits, which are related to dike safety and flood drainage.

3. While performing their official duty, officials and employees of the specialized dike management force shall wear uniform, badge, stripes and cards.

Article 41.- Tasks and powers of the people's dike management force

The people's dike management force has the tasks of coordinating with the specialized dike management force in conducting regular dike protection inspections, patrol and watch in localities, participating in handling dike incidents; is provided with technical and professional guidance on dikes, enjoys remuneration under the provisions of Clause 3, Article 37 of this Law, and has the powers to make records on and stop acts of violating the law on dikes.