Chương VI Luật đê điều 2006: Trách nhiệm quản lý nhà nước về đê điều

Chapter VI

DIKE STATE MANAGEMENT RESPONSIBILITIES

Article 42.- Responsibilities of the Government and ministerial-level agencies for state management of dikes

1. The Government exercises the unified state management of dikes.

2. The Ministry of Agriculture and Rural Development is answerable to the Government for performing the state management of dikes, having the following tasks and powers:

a/ To direct provincial-level People's Committees and assume the prime responsibility for coordinating with ministries and ministerial-level agencies in the formulation and implementation of plannings and plans on investment in construction, repair, upgrading, solidification, protection and use of dikes and in dike maintenance;

b/ To promulgate according to its competence legal documents on dikes and provide for the designed water level for each dike;

c/ To sum up and manage data on dikes nationwide; to organize scientific research and technological development on dike construction and protection;

d/ To decide according to its competence or propose the Prime Minister to decide on the mobilization of forces, supplies and means for dike maintenance, remedy of flood or storm consequences caused to dikes;

e/ To establish and develop international cooperation on dikes;

f/ To direct and guide provincial-level People's Committees in organizing the people's dike management force;

g/ To assume the prime responsibility for, and coordinate with ministries and ministerial-level agencies and direct localities in, propagating, disseminating and educating the law on dikes;

h/ To organize the inspection and examination of the observance of the law on dikes and handle violations of the law on dikes;

i/ To settle complaints and denunciations about acts of violating the law on dikes according to the law on complaints and denunciations.

3. The Ministry of Natural Resources and Environment has the following tasks and powers:

a/ To organize meteorological and hydrological forecasts; to direct and guide the formulation of planning on use of land in dike protection corridors, dike embankments, dike culverts and river stretches according to the provisions of this Law and the law on dikes;

b/ To assume the prime responsibility for, and coordinate with ministries and ministerial-level agencies in, guiding and inspecting the exploitation of sand, stone, cobble in rivers; to direct provincial-level People's Committees in preventing the illegal exploitation of minerals, causing unsafety to dikes.

4. The Industry Ministry shall assume the prime responsibility for, and coordinate with ministries and ministerial-level agencies in, formulating and implementing plans to ensure safety for hydroelectric power works; direct the operation of water reservoirs in accordance with the technical standards on the operation of water reservoirs.

5. The Ministry of Transport shall assume the prime responsibility for, and coordinate with ministries and ministerial-level agencies in, performing the following tasks:

a/ Planning on waterway traffic channels, planning and building bridges across rivers to ensure river flood drainage, waterway traffic works and planning on transformation of dikes for combined use as roads;

b/ Preparing means and reserve supplies, ensuring traffic safety in service of dike maintenance in flood and storm seasons.

6. The Construction Ministry shall assume the prime responsibility for, and coordinate with ministries and ministerial-level agencies in, guiding the formulation and management of construction plannings, promulgates technical norms on construction of works in river stretches specified in Article 26 of this Law and on transformation, repair, upgrading and construction of dwelling houses and works defined in Article 27 of this Law.

7. The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with the Finance Ministry, the Ministry of Agriculture and Rural Development in, allocating funds for work solutions to cope with floods over the designed flood levels or with urgent flood circumstances, setting aside a separate fund for projects on construction, repair, upgrading and solidification of dikes, on dike management, protection and maintenance, flash flood regions and flood-diverting or -slowing areas.

8. The Finance Ministry shall assume the prime responsibility for, and coordinate with the Ministry of Agriculture and Rural Development, other ministries and ministerial-level agencies in, performing the following tasks:

a/ Guiding the compensation for organizations and individuals whose land is recovered or requisitioned for the construction, repair, upgrading or solidification of dikes and anti-flood or -storm works;

b/ Formulating and promulgating according to its competence or proposing competent state agencies to promulgate mechanisms and policies applicable to forces conducting dike patrol, watch and maintenance and policies to compensate the supplies and means mobilized for dike maintenance.

9. The Defense Ministry shall coordinate with the Ministry of Agriculture and Rural Development in directing and inspecting the organization of forces, means, dike maintenance plans and forces.

10. The Ministry of Public Security shall coordinate with the Ministry of Agriculture and Rural Development in directing and guiding the police force to draw up and implement schemes to ensure order and safety in key dike areas and flood-diverting or -slowing regions in flood seasons; inspect, prevent and handle acts of violating the law on dikes.

11. Ministries and ministerial-level agencies shall, within the ambit of their respective functions, tasks and powers, implement the provisions of this Law and coordinate with the Ministry of Agriculture and Rural Development in the protection and use of dikes.

Article 43.- Responsibilities of People's Committees of all levels in the state management of dikes

1. Provincial-level People's Committees have the following tasks and powers:

a/ To organize the construction, repair, upgrading and solidification of dikes, to manage and ensure safety for dikes in their respective localities in accordance with the national planning on dikes, ensuring the uniformity of the dike system;

b/ To direct district-level People's Committees to coordinate with the concerned agencies in formulating and implementing plannings and plans for investment in the construction, repair, upgrading, solidification, protection and use of dikes and the dike maintenance;

c/ To synthesize and manage information and data on dikes in their provinces and organize scientific research and develop technologies on dike construction and protection;

d/ To decide according to their competence or propose competent state agencies to decide on the mobilization of forces, supplies and means for dike maintenance and remedy of flood and storm consequences caused to dikes;

e/ To set up the specialized dike management force and the people's dike management force;

f/ To manage the specialized dike management force in their respective provinces;

g/ To direct the propagation, dissemination and education of the law on dikes within their localities;

h/ To organize the examination and inspection of the implementation of the law on dikes; to handle acts of violating the law on dikes; to handle according to their competence complaints and denunciations about acts of violation of the law on dikes within their localities in accordance with the law on complaints and denunciations.

2. District-level People's Committees have the following tasks and powers:

a/ To organize the dike management, protection, repair, upgrading, solidification and maintenance in their respective localities;

b/ To direct commune-level People's Committees to coordinate with concerned agencies in implementing the plannings and plans for investment in the construction, repair, upgrading, solidification, protection, use and maintenance of dikes;

c/ To synthesize and manage information and data on dikes within their localities;

d/ To decide according to their competence or propose competent authorities to decide on the mobilization of forces, supplies and means for dike maintenance or remedy of flood or storm consequences caused to dikes;

e/ To direct the propagation, dissemination and education of the law on dikes within their respective localities;

f/ To organize the examination and inspection of the implementation of the law on dikes and handle acts of violation of the law on dikes; to handle according to their competence complaints and denunciations about acts of violation of the law on dikes within their respective localities in accordance with the law on complaints and denunciations.

3. Commune-level People's Committees have the following tasks and powers:

a/ To organize the dike management, protection and maintenance in their respective localities;

b/ To mobilize local labor forces as provided for in Clause 2 of Article 24 and the people's dike management force defined in Article 41 of this Law; to coordinate with the specialized dike management force in conducting dike patrols, watch and protection in flood and storm seasons along dikes in their respective localities;

c/ To decide according to their competence or propose competent state agencies to decide on the mobilization of forces, supplies and means for dike maintenance or remedy of flood or storm consequences caused to dikes;

d/ To prevent violations of the law on dikes;

e/ To handle violations of the law on dikes according to competence; if it is beyond their competence, to report thereon to competent state agencies for handling.