Article 1. Legal scope and applicable subjects: 

1. This decision stipulates regulations for activities of dyke management, construction, renovation, protection, use and emergency repair of all management levels of the dyke system.
2. This decision is applicable for any international or domestic organization, or individual who has activities relating to dykes in Vietnam.

Article 2. Meanings explained

Within this decision, the following words or phases are understood as below: 

1.      "River dyke" means the dyke system located generally parallel to the river course, preventing an  area from inundation caused by river flood water or tides.

2.      "Sea dyke" means the dyke alignment located along the seaside or an estuary, preventing an  area from inundation caused by sea water.

3.      "Interior dyke alignment" means a dyke located inside the area protected by a river or sea dyke system, having the two ends connected with an exterior alignment of the main dyke. The interior dyke is used for preparedness purpose, preventing the protected area from inundation caused by sea or river water flood in case of the broken exterior dyke.

4.     "Exterior dyke" means the dyke alignment located outside of the river dyke system, having a smaller scale and size, protecting economic and residential areas on river banks or flood planes.

5.      "Existing dyke toe" of a soil dyke is the connecting point between the dyke slope or dyke body and the average natural ground surface defining the point that beams the dyke protected area. In case of a dyke constructed of concrete or other material, this phase implies the outer position of the foundation works of the dyke in the upstream and downstream areas.

6.      "Dyke protection embankment" means all types of embankment constructed for directly protecting important dyke alignments or for diverting river water flow away from river banks, thereby indirectly protecting the dyke. 

7.      "Dyke sluice" means concrete sections built in the dyke in order to supply water or to drain water across the dyke.

8.      "Dyke gate" means a dyke section that has been lowered, allowing traffic to cross the dyke on a roadway.

9.      "Other subsidiary works" mean works serving for dyke management and protection such as: emergency spillways; dyke milestones, landmarks; embankment and sluice protection features; dyke, embankment and sluice warning plates; water elevation? marking column; seepage pressure-reducing well; communication system specifically for flood and storm control; specialized stations and equipment located inside or outside the dyke protected areas that serve for observing dyke performance indicators; dyke guard posts; Dyke Management Team Headquarters, Flood and Storm Control Office Headquarters and warehouses restoring materials for flood and storm fighting.

10.  "Flood diversion" implies action to actively divert a part of flood water in a river to another river course.

11.   "Flood retardation" implies action to temporarily divert a part of flood water into a defined area.

12.   "Dyke protection" implies activities for saving and urgent repairing the dyke when it is damaged or seriously threatened. 

Article 3. The Ministry of Agriculture and Rural Development was decentralized to be responsible for formulating and approving the criteria as well as regulating Grades of each dyke alignment in accordance with the provision stipulated in Article 3 of the Dyke Ordinance. 

Article 4. New construction or upgrading of a dyke must be implemented following dyke planning approved by the Ministry of Agriculture and Rural Development. 

Article 5. The use of "Public Duty Working days" for regular construction and upgrading of a dyke as per regulated in Provision 1 Article 7 of the Dyke Ordinance is regulated as below:          

According to the provisions stipulated in the Ordinance on "Public Duty Working", provincial or cities affiliated to the Central level (hereafter commonly called provincial level) Peoples Committees are responsible for giving instructions to formulate an annual plan for submitting to the same level Peoples Councils for deciding and monitoring the use of the Public Duty Working Fund in the provincial area, and for identifying priority in the regular construction and upgrading of dykes. 

Article 6. The budget for dyke construction and upgrading which is given a State investment priority as per Article 8 of the Dyke Ordinance is regulated as follow: 

1.      Dykes from Grade III to Special Grade receive investment from the Central budget; at the same time all localities have responsibility for investing in construction and upgrading all grades of dykes located in their area.

2.      The State annually provides a capital investment plan for the Ministry of Agriculture and Rural Development to construct, upgrade, and repair dykes from Grade III to Special Grade.

3.      Provincial level People?s Committees decide the annual investment for Grade IV and lower Grade dyke alignments.

4.      For disaster-hit or extremely needy localities, the Ministry of Agriculture and Rural Development will consider supporting the restoration and upgrading of Grade IV dykes from the Dyke Fund managed by the Ministry. 

Charter III
Dyke protection and use

 Article 7. The protected area of a dyke as per Article 9 of the Dyke Ordinance is stipulated as below:

 1.      Protected area:

a.       River dyke from Grade III to Special Grade:
In urban and residential areas: The protected area of the dyke is 5 m wide from the existing dyke toe on both the river side and the field side. In other areas, the protected area is 20 m wide from the existing dyke toe on the river side and 25 m wide on the field side.

b.      Sea dyke: the protected area is 200 m wide from the existing dyke toe on the sea side and 5m on the field side.
In case of a sea dyke protected by a mangrove forest, the protected area is from 200 m to 500 m wide on the sea side and 15 m wide on the field side.

c.       For Grade IV dyke alignments, interior and exterior dyke alignments, and other local dykes, the protected area from the existing dyke toe is decided by the Provincial Peoples Committee.

d.      Dyke protection embankment: the protected area of an embankment which directly protects a river and sea dyke is 50 m wide from the outer edge of the dyke foundation on both sides.

e.       Dyke crossing sluice: the protected area of a sluice in river and sea dyke systems is 50 m wide from the outer of the work foundation on the both sides.

f.        Digging or boring activities carried out outside the dyke protection area: For boring 1 m deep in the natural ground, the boring must be located 10 m more from the dyke toe in normal geological foundation, and 200 m from the dyke toe in bad geological foundation where sand boils can occure in the flood season, except in special cases permitted by State authorities. 

2.      In special cases which require a change in the dyke protected area as per Provision 1 of this Article, the Minister of the Agriculture and Rural Development is responsible for submitting the case to the Prime Minister for review and approval. 

Article 8.  Other special works regulated in Provision 3 of Article 11 in the Dyke Ordinance include:                                                                   

1.      Dyke crossing gates

2.      Water pumping stations, sluices, and boat locks.

3.      Underground works serving for dyke safety, national defense, and socio-economic developments.

4.      Well systems exploiting underground water for living or economic activities.

5.      Pipe systems for conducting electric wire, optical cables, oil and gas pipelines, and water pipelines?        

6.      Historical, cultural relics, ancient citadels need to be protected and restored. 

Article 9. The Ministry of Agriculture and Rural Development is responsible for taking the primary role and for coordinating with the Ministry of Transportation for regulations for establishing permissible loading capacity of transpor vehicles using the dyke as per Item 6 Article 11 of the Dyke Ordinance. 

Article 10. The treatment of houses and works existing in the dyke protected areas before the valid date of the Dyke Ordinance (01 Jan. 2001) as per Article 18 of the Dyke Ordinance are regulated as below:

1.    Implementation of the Item a, provision 1, Article 18 of the Dyke Ordinance. Houses and works existing on the dyke surface, slopes or berms and within the area of 5 m from the existing dyke toe of all grades of dykes must be removed, except specializing works as regulated in Provision 3 Article 11 of the Dyke Ordinance; and other special works regulated in Article 8 of this Decision.

2.    Houses and works located within 5 m from the existing dyke toe to the boundary of the protected area on both the river side and field side and houses and works existing in the river flood plane or on the river bank are treated as below:

a.       Houses and works which do not directly influence flood water drainage can continue to be used, upgraded or repaired, but their areas can not be expanded. Their upgrading and repair must obey regulations of the Provincial Peoples Committee.

b.      Houses and works which directly influence flood water drainage, locate next to the river bank or at depressions lower than Alarm Level 2, or in places where water flow change causes river bank erosion, must be removed or renovated to meet flood drainage regulations. 

The Provincial People ’s Committees are responsible for directing the formulation and implementation of plans for removing or upgrading houses and works located inside the dyke protected area to ensure dyke safety and flood drainage regulations; as well as policy for compensation and support based on each individual case for organizations and individuals who have houses or works removed or renovated in accordance with the law. 

Article 11. The Ministry of Agriculture and Rural Development is responsible for taking the primary role and for coordinating with the Ministry of Interior Affairs to formulate and submit to the Government for promulgating rules on organization, duties, rights and uniforms of Dyke Management Units as regulated in Article 20 of the Dyke Ordinance. 

Article 12.  Flood diversion and retardation as per Article 24 of the Dyke Ordinance are regulated as follows: 

1.      Flood diversion and retardation are implemented as per the Regulation on flood diversion and retardation promulgated in the attachment with Decision No. 62/1999/ND-CP dated 31 July 1999 of the Government.

2.      The Ministry of Agriculture and Rural Development is responsible for taking the primary role in planning of flood diversion and retardation, safely ensuring methods for dyke allignments from Grade III to Special Grade, identification of the operation of areas used for flood diversion and retardation when a flood is over the design value or in emergency cases.

3.      Provincial People ’s Committees are responsible for formulating plans of flood diversion and retardation in order to respond in time to floods over design values or emergent situations during floods. The Ministry of Agriculture and Rural Development is responsible for evaluating plans and methods made by Provincial People ’s Committees and to submit them to the Primer Minister for approval.

4.      Support for recovering from the consequences of floods, and for assisting people living in areas used for flood diversion and retardation are to be implemented following Decisions of the Prime Minister on the assistance policy for flood diversion and retardation areas. 

Article 13. Authority for mobilizing materials, means and forces for urgently repairing and protecting dykes as per Article 25 of the Dyke Ordinance is regulated as follows: 

1.      Chairman of the Provincial People ’s Committee, and the Head of the Flood and Storm Control Committee (if different) at the provincial level, are responsible for timely mobilizing materials, means and forces possessed by the state, locality, agencies, enterprises and people in the provincial area for emergency repair to ensure dyke safety.

2.      Chairman of the District People ’s Committee, the Head of the Flood and Storm Control Committee (if different) at the district level, are responsible for timely mobilizing materials, means and forces owned by the state, locality, agencies, enterprises and individuals in the district area for emergency repair to ensure dyke safety. The mobilization of State materials stored for flood and storm fighting in the district area must be decided by the Chairman of the People ’s Committee or the Head of the Flood and Storm Control Committee at provincial level upwards.

3.      The Chairman of the People ’s Committee at the commune level is responsible for timely mobilizing materials, means and forces of the locality, agencies, enterprises and people in the commune area for responding to dyke incidents from immediate hours and reporting to its direct supervision level for a timely support and emergency repair, ensuring dyke safety.

4.      When an incident occurs that directly threatens dyke safety, the leader of legally authorized state agencies have the right to order the mobilization of materials, means and forces for saving the dyke, and takes this responsibility under his or her decision. When the incident is resolved, he or she has to inventory the materials and means used and take action to submit the inventory to relevant authorities for refunding or compensating for the mobilized materials, means and forces of organizations and individuals.

5.      In emergency cases that require land for disaster, flood and storm fighting, local authorities are able to requisition land following the regulations of the Law on Land Use. 

Charter V
State management of dykes

 Article 14. Responsibility for the decentralized assignment and state management of dykes as per Article 27 of the Dyke Ordinance is regulated as follows: 

1.      The Ministry of Agriculture and Rural Development is responsible for:

a.       Directing People?s Committees at provincial level and coordinating with relevant Ministries and sectors in formulation and implementation of the planning of dyke construction, upgrading, protection, use, and emergency repair.

b.      Formulating and submitting to the appropriate body or promulgating in accordance with its jurisdiction legal regulations and documents on dykes and design water level for every dyke alignment.

c.       Collecting and managing information and data on the dyke system nationwide and organizing scientific and technological development and research on dyke construction and protection.

d.      Granting, withdrawing and extending licenses and agreements relating to dykes in accordance with the Article 13, 14, and 15 of the Dyke Ordinance.

e.       Deciding within its jurisdiction or submitting to the Prime Minister to decide on mobilization of materials, means and forces for protecting dykes or recovering the flood and storm damages to dyke.

f.        Forming and developing international relationship and cooperation in the area of dyke management.

g.       Directing and coordinating with relevant ministries, sectors and localities to disseminate, and educate about Laws on dykes.

h.       Organizing sectoral inspection activities on dyke; and dealing within its jurisdiction with complaints and denunciations of violations of the dyke law. 

2.      The Ministry of Natural Resources and Environment is responsible for taking the primary role and for coordinating with the Ministry of Agriculture and Rural Development, and with relevant sectors and ministries, to steer, guide and inspect the licensed exploitation of sand, stone and ravel in rivers and streams; and to coordinate with people ’s committees at the provincial level to prevent and fight against unlicensed exploitation that can cause dyke instability.

3.      The Ministry of Industry is responsible for taking the primary role and for coordinating with the Ministry of Agriculture and Rural Development and with relevant sectors and ministries, to formulate and implement safety methods for hydro-electric plants, and flood regulating procedures for reservoirs following established regulations.

4.      The Ministry of Transportation is responsible for taking the primary role and for coordinating with the Ministry of Agriculture and Rural Development, and with provincial People ’s Committees, for:

a.       Planning water ways and passages, river crossing bridges to ensure river and stream flood drainage capacity, works serving for water transportation and dyke surface renovation for use of road traffic, based on the principle of giving priority for dyke safety and flood drainage requirements without causing erosion in adjacent areas.

b.      Formulating preparedness measures for materials and means as well as traffic safety measures, for dyke emergency repair activities in flood season; directing installation of traffic road warning signs along dyke alignments used for road traffic, and water way warning signs in internal water traffic routes relating to dyke safety; and checking the implementation of these regulations.

5.      The Ministry of Construction is responsible for taking the primary role and coordinating with the Ministry of Agriculture and Rural Development, and with Provincial People ’s Committees and relevant sectors and ministries, to provide technical guidance on repair and renovation of existing houses and works inside the dyke protected area, on river banks, and within river flood planes which are able to be continually used as per regulated in Article 18 of the Dyke Ordinance.

6.      The Ministry of Planning and Investment is responsible for taking the primary role and coordinating with the Ministries of Finance and Agriculture and Rural Development to ensure there is planned budget for extraordinary works in excess of the designed flood or flood emergency situations. Funds invested for projects of dyke construction, upgrading, protection, emergency repair; flash flood areas, and flood retaining, diversion and retardation areas are to be included into a specific item. 

7.      The Ministry of Finance is responsible for allocating an annual budget for treating emergency dyke incidents, consequences before, during and after each flood or storm, directing and coordinating with the Ministry of Agriculture and Rural Development and relevant ministries and sectors to: 

a.       Guide the implementation of compensation, tax reduction and exemptions for organizations or individuals who have land requisitioned for dyke construction, renovation, or flood and storm fighting work.

b.      Formulate to promulgate within its jurisdiction, or submit to the State authority to promulgate policies on dyke guard and rescue forces as well as compensation for materials and means mobilized for dyke protection. 

8.      The Ministry of National Defense is responsible for coordinating with the Ministry of Agriculture and Rural Development and with all level of People ’s Committees to coordinate and monitor the implementation of arrangement of workforce, means and plans as well as the deployment of dyke emergency repair activities.

9.      The Ministry of National Security is responsible for coordinating with the Ministry of Agriculture and Rural Development and the Provincial People ’s Committees to direct and guide police forces in formulating and implementing plans to ensure security for important dyke sections, flood diversion areas, and retardation areas in flood season; and for checking, preventing and handling any dyke law violations. 

Article 15. The Sectoral Inspection Force on dyke as per Article 30 of the Dyke Ordinance is regulated as follows: 

1.                   Duties of the Dyke Inspection Force are:

a.       Inspecting the implementation of the Law on Dyke, and Law on Flood and Storm Control.

b.      Inspecting the establishment and implementation of dyke planning, zoning and plans of dyke construction, renovation, management, protection, use and emergency repair.

c.       Inspecting the management and use of materials stored for flood and storm control.

d.      Inspecting the granting, and withdrawal of licenses and agreements, and the implementation of their regulating contents of activities relating to dyke safety and flood drainage.

e.       Inspecting the management, operation and protection of works serving for flood regulation, diversion, retardation and drainage; and other works relating to dyke safety.

f.        Handling complaints and denunciations relating to dykes. 

2.                  Minister of Agriculture and Rural Development is responsible for submitting to the Government for promulgating Decision on organization and activities of the Dyke Sectoral Inspection.

 Article 16. This Decision comes into effect 15 days after being posted in the Official Gazette.

This Decision replaces Decision 429/HDBT dated 15 December 1990 stipulated by the Ministerial Council, which guided the implementation of the 1989 Dyke Ordinance.
Every previous Decision which is contrary to this Decision is superceded.

Article 17. Ministers, Heads of ministerial-level agencies of the Government, Presidents of the Provincial People ’s Committees are responsible for implementing this Decision./.

Note: Every effort has been made to provide a complete and accurate translation of this document; however, in all cases, the original Vietnamese language document is the official statement of the Ministry of Agriculture and Rural Development of the Socialist Republic of Vietnam.