Quyết định 158-TTg năm 1995 về biện pháp xử lý các vi phạm Pháp lệnh về đê điều ở Hà Nội do Thủ tướng Chính phủ ban hành

DECISION

ON HANDLING VIOLATIONS OF THE ORDINANCE ON DYKES IN HANOI

THE PRIME MINISTER

Pursuant to the Law on Organization of the Government on the 30th of September 1992;
Considering the report of the Ministry of Water Resources, the Ministry of the Interior, and the People's Committee of Hanoi city;
In furtherance of the conclusions made at the session on the 14th of March 1995 chaired by the Prime Minister, and attended by representatives of the Ministries, Commissions, branches and localities concerned,
In order to ensure absolute safety for the portion of dyke protecting Hanoi in the rainy and flood season of 1995 and in the long term, and to maintain strict national discipline,

DECIDES :

Article 1.- Dykes are an issue of national safety, the portion of dyke protecting Hanoi is classified as one of special importance. If broken, it may have incalculable consequences. Thus, ensuring safety for dykes is of great importance, and strictly handling violations of the Ordinance on Dykes is to ensure absolute safety for dykes and maintain strict national discipline.

Article 2.- The implementation of Phase 1 of the plan to handle violations of the Ordinance on Dykes in Hanoi as proposed by the Ministry of Water Resources, the Ministry of the Interior, the People's Committee of Hanoi city, and the branches concerned, includes the following main contents :

1. Plan for technical handling :

Restoring the dyke surface, dyke walls and corridors on either side of the dyke, especially maintaining the present average dyke surface, maintaining the present average inclination (m=1.5-2), maintaining a 5-meter-wide corridor on either side of the dyke base; using technical measures to consolidate the dyke, to ensure absolute safety for it in the rainy and flood season of 1995; forming a protective line on either side of the dyke base, creating conditions for the inspection of the dyke and the organization of timely rescue in case of an accident.

The Ministry of Water Resources shall have to ratify the concrete technical design, and to work with the People's Committee of Hanoi city and the branches concerned to determine the protective line from the dyke base and the minimum dyke corridors as mentioned above, and use technical measures to consolidate the dyke before the 30th of June 1995.

2. Removal plan :

All dwelling houses and projects currently existing on the dyke surface, the dyke walls and the 5-meter-wide corridors from the dyke base must be moved to other places to give room for the technical handling and consolidation of the dyke, to ensure absolute safety for the dyke, and to facilitate inspection and the organization of timely rescue of the dyke in case of an accident.

The resettlement of households and the dismantling of projects must keep pace with the tempo of consolidating the dyke. The key areas must be cleared first; those projects which seriously affect the safety of the dyke must be removed immediately. With regard to historic and cultural relics, they shall be handled in accordance with Article 19 of the Ordinance on Dykes made public on the 16th of November 1989 of the State Council of the Socialist Republic of Vietnam.

In resettling the households in the above-mentioned area, it is necessary to make a concrete plan for each household and consider each specific case, in order to have a fair and proper aid policy for them, namely :

a/ With regard to those households who have resided there for a long time, and those households who had legally used land there before the promulgation of Decree No.429-HDBT on the 15th of December 1990 of the Council of Ministers (now the Government), the State shall consider granting them part of the expenditure for the resettlement, and the local administration shall grant them land to build dwelling houses outside the protective area of the dyke.

b/ With regard to squatters who have illegally occupied land and built houses without permission or illegally, they must be strictly dealt with, and compelled to return to their earlier places or move to other places, without getting any aid.

The People's Committee of Hanoi city shall have to make a detailed plan and have it implemented. They must carry it out urgently and resolutely, using all measures from education, dissemination to explanation to help everybody understand and observe the law, and to voluntarily dismantle their houses and move to other places for the common interests. Dissemination and education must be applied in couple with coercion to those people who deliberately ignore the law.

3. Law enforcement plan :

The Ministry of the Interior shall work with the branches concerned to carry out the law enforcement plan. Those people who have illegally built and expanded houses and projects within the protective area of the dyke after the promulgation of Decree No.429-HDBT on the 15th of December 1990 of the Council of Ministers (now the Government); those who granted permits beyond their authority, who imposed fines and let the constructions stand, and who irresponsibly managed the protective area of the dyke, shall be examined and disciplined, depending on the seriousness of their offence.

In order to handle the violations rapidly and strictly, and punish the offenders in accordance with law to maintain strict national discipline, the People's Committee of Hanoi city, the Ministry of Water Resources and the branches concerned at the central level must examine the violations and decide administrative sanctions within their jurisdiction with regard to the administrative violations. With regard to the violations that should be examined for penal liability, the Ministry of the Interior shall investigate and punish them according to law.

4. The execution of Phase 1 of the plan to handle violations of the Ordinance on Dykes as mentioned above is an urgent measure, the Ministry of Finance and the State Planning Committee shall have to timely grant the necessary budget as planned by the Ministry of Water Resources (in the budget plan registered for 1995).

The People's Committee of Hanoi city shall work with the Ministry of Finance to temporarily grant part of the financial resources in support of the dismantling of the houses and the resettlement of people.

5. The Ministry of Water Resources and the People's Committee of Hanoi city shall have to cooperate with the branches concerned to conduct a broad explanation and education campaign among the people on the Ordinance on Dykes, and on the policy and measures to handle the violations, to help everybody understand and observe the law, thus ensuring political stability and security, public order and social safety.

Article 3.- While carrying out Phase 1 of this plan in conformity with the current stipulations of the Ministry of Water Resources, the People's Committee of Hanoi city must, together with the branches concerned, draft Phase 2 of the plan for a comprehensive solution aimed at ensuring complete durability for the portion of dyke protecting Hanoi, and submit it to the Prime Minister to consider and decide the method of handling the three categories of constructions mentioned in Decree No.429-HDBT on the 15th of December 1990 of the Council of Ministers (now the Government), namely :

- The category of constructions, which causes serious instability to the dyke, must absolutely be dismantled, and the part of dyke there must be consolidated and upgraded.

- The category of constructions, which affects the dyke safety but not to a serious extent, must be removed step by step, or measures must be taken to prevent them from affecting the dyke safety.

- The category of constructions, which little affects the dyke safety, may be allowed to continue to stand, but the owners must strictly observe the stipulations for the protection of the dyke.

Pending the drafting of Phase 2 of the plan, the Ministry of Water Resources shall have to cooperate with the Ministry of Construction, the Ministry of Science, Technology and Environment, and the People's Committee of Hanoi city to consider how to continue dealing with the dwelling houses and projects which have been partly dismantled under Phase 1 of the plan for the 3 above-mentioned categories.

Article 4.- The Minister of Water Resources, the Minister of the Interior, and other Ministers, the Heads of ministerial-level agencies, the Heads of the agencies attached to the Government, and the President of the People's Committee of Hanoi city shall have to implement this Decision.

In the process of implementing this Decision, if problems arise, the Ministries and the People's Committee of Hanoi city must report it promptly to the Prime Minister for consideration and decision.

This decision takes effect from the date of its signing.

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