Thông tư 04/2021/TT-BNNPTNT

CIRCULAR

ON GUIDELINES ON APPROVAL FOR AND ASSESSMENT OF DIKE-RELATED ACTIVITIES

Pursuant to the Government’s Decree No. 15/2017/ND-CP dated February 17, 2017 on functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;  

Pursuant to the Law on Dikes dated November 29, 2006 and the Law on Amendments to the Law on Natural Disaster Prevention and Control and Law on Dikes dated June 17, 2020;

Pursuant to the Law on Amendments to a Number of Articles of 37 Laws Related to Planning dated November 20, 2018;

Pursuant to the Government’s Decree No. 113/2007/ND-CP dated June 28, 2007 elaborating and providing guidelines for a number of Articles of the Law on Dikes;

At the request of Director General of Vietnam Disaster Management Authority;

The Minister of Agriculture and Rural Development hereby promulgates a Circular on guidelines on approval for and assessment of dike-related activities.

Article 1. Scope

This Circular provides for obtaining approval from the Ministry of Agriculture and Rural Development for dike-related activities and assessment of contents related to flood runoff and dike safety for projects on investment in construction on empty river terraces, islets or eyots requiring the Prime Minister’s approval.

Article 2. Regulated entities

This Circular is applicable to regulatory bodies, organizations and individuals whose activities involve dikes.

Article 3. Regulations on approval

1. Activities requiring approval from the Ministry of Agriculture and Rural Development include:

a) Licensing of the activities mentioned in Points a, b, c and h Clause 1 Article 25 of the Law on Dikes for special, level I, level II and level III dikes;

b) Construction and renovation of traffic works related to dikes and involving two provinces or more.

2. Contents requiring approval

a) Compliance with regulations of law on dikes;

b) Compliance with planning for flooding prevention and control of the river section with dikes, dike planning; plans for flooding prevention and control of the river section with dikes and dike system development plans in provincial planning approved by the competent authority;

c) Protection of dike safety and flood runoff during construction;

d) Solutions for flooding prevention and control during construction and dike safety protection during management and use of the structure;

dd) Safety measures for traffic on dikes during construction;

e) Other relevant matters (if any).

3. Method for obtaining approval

The provincial People’s Committee shall submit two applications for approval with the following contents to the Ministry of Agriculture and Rural Development:

a) Official Dispatch proposing approval from the provincial People's Committee;

b) Written opinion submitted by the Department of Agriculture and Rural Development to the provincial People's Committee;

c) Technical dossier of the structure approved by the competent authority, which includes a description and drawing of the general layout and cross sections in relation to dikes and flood runoff during construction;

d) Other documents related to project performance (if any);

dd) Documents from the People’s Committee(s) of relevant province(s) if the structure involves two provinces or more.

4. Receipt and handling of applications for approval

a) Vietnam Disaster Management Authority affiliated to the Ministry of Agriculture and Rural Development shall receive and handle applications for approval.

b) When considering the applications, if deeming that the structure affects dike safety and flood runoff, on a case-by-case basis, Vietnam Disaster Management Authority may request the provincial People's Committee to provide more documents for consideration in writing, including documents on assessment of the structure’s effect on dike safety and channel runoff (decrease in design flood discharge; increase in design flood level; effect on nearby runoff, upstream runoff and downstream runoff; river bed stability; stability of dike bodies and dike foundations at construction site) by an independent consultancy unit; written opinions of relevant regulatory bodies; documents on topographical and geological surveys supporting inspection and calculation.

c) For any application not sufficient according to regulations or requiring the additional documents mentioned in Point b herein, within 03 working days after the date of receipt of the application, Vietnam Disaster Management Authority shall request the provincial People's Committee to complete the application in writing.

d) Within 15 days after the date of receipt of adequate applications, Vietnam Disaster Management Authority shall consider and grant its approval in writing; if the applications are rejected, Vietnam Disaster Management Authority shall notify the reason for such rejection to the provincial People's Committee in writing.

Article 4. Regulations on assessment

1. Before they are proposed to the Prime Minister for approval, projects on investment in construction on empty river terraces, islets or eyots must be assessed according to regulations of law on construction and investment and have contents related to flood runoff and dike safety assessed by the Ministry of Agriculture and Rural Development.

2. Contents requiring assessment

a) Compliance with regulations of law on dikes;

b) Compliance with planning for flooding prevention and control and irrigation, planning for flooding prevention and control of the river section with dikes, dike planning and provincial planning approved by the competent authority;

c) Structure’s location compared to dike protection area;

d) Contents ensuring that the construction does not decrease design flood discharge past permitted level; not increase design flood level past permitted level; not affect nearby runoff, upstream runoff and downstream runoff;

dd) Protection of dike safety and stability of river banks and river terrace, islet or eyot during construction.

e) Solutions for flooding prevention and control during construction, management and use of the structure;

g) Other relevant matters (if any).

3. Method for applying for assessment

The provincial People’s Committee shall submit two applications for assessment with the following contents to the Ministry of Agriculture and Rural Development:

a) Written proposal of the provincial People’s Committee;

b) Written opinion submitted by the Department of Agriculture and Rural Development to the provincial People's Committee;

c) Project dossier, which includes contents related to approved planning for flooding prevention and control of the river section with dikes, dike planning, provincial planning, land use planning and construction planning and calculation results meeting requirements for dike safety and flood runoff according to regulations in Clause 3 Article 26 of the Law on Dikes, Clause 13 Article 13 of the Law on Amendments to a Number of Articles of 37 Laws Related to Planning and Article 5 of the Government’s Decree No. 113/2007/ND-CP dated June 28, 2007 elaborating and providing guidelines for a number of Articles of the Law on Dikes;

d) Other documents related to project performance (if any);

dd) Documents on assessment of the structure’s effect on dike safety and channel runoff (decrease in design flood discharge; increase in design flood level; effect on nearby runoff, upstream runoff and downstream runoff; river bed stability; stability of dike bodies and dike foundations at construction site) by an independent consultancy unit;

e) Documents from the People’s Committee(s) of relevant province(s) if the structure involves two provinces or more.

4. Receipt and handling of applications for assessment

a) Vietnam Disaster Management Authority affiliated to the Ministry of Agriculture and Rural Development shall receive and handle applications for assessment.

b) For any application not sufficient according to regulations or requiring additional documents, within 03 working days after the date of receipt of the application, Vietnam Disaster Management Authority shall request the provincial People's Committee to complete the application in writing.

c) Within 30 days after the date of receipt of adequate applications, Vietnam Disaster Management Authority shall consider the applications, organize assessment, report to the Ministry of Agriculture and Rural Development for written assessment and notify the results to the provincial People's Committee.

Article 5. Effect

1. This Circular takes effect from August 15, 2021 and supersedes Circular No. 46/2011/TT-BNNPTNT dated June 27, 2011 by the Ministry of Agriculture and Rural Development providing for procedures for granting approval and assessment of dike-related activities.

2. During the implementation of this Circular, any difficulty arising should be promptly reported to the Ministry of Agriculture and Rural Development for consideration and resolution./.