Comment on the amendment and supplement of the Law on Natural Disaster Prevention and Control and Dyke Law

Posted at: WEDnesday - 19/06/2019 10:14 - post name: Cộng tác viên

 
Dr. Phan Tung Mau - Vice President of VUSTA delivers opening speech

Dr. Phan Tung Mau - Vice President of VUSTA delivers opening speech

On May 29, in Hanoi, the Vietnam Union of Science and Technology Associations (VUSTA) organized a workshop to comment on the amending and supplementing some articles of the Law on Natural Disaster Prevention and Control and Dyke Law, the seminar chaired by Dr. Phan Tung Mau - Vice President of VUSTA.

Speaking at the opening of the workshop, Dr. Phan Tung Mau said that the Law on Natural Disaster Prevention and Control was passed on June 19, 2013 by the XIII National Assembly and taken effect from May 1, 2014. The Dyke Law was passed by the XIth National Assembly on November 29, 2006 and taken effect from July 1, 2007. The Law on Natural Disaster Prevention and Control, Dyke Law and guidance documents have created a corridor legal in the prevention of natural disasters as well as dike management and met the requirements of social and economic development; protecting the environment, association with the socio-economic conditions of the country and each locality.

 

However, in the implementation of these above two Laws a number of shortcomings have arisen which need to be amended and supplemented to meet the current requirements. For that reason, this workshop was held to seek out comments, ideas and opinions of all delegates for a better Law on Natural Disaster Prevention and Control and Law of Dyke.

Mr. Nguyen Viet Tien - Director of Legal – Inspectorate Department, General Department of Disaster Prevention and Control, Ministry of Agriculture and Rural Development reported on the legal basis, construction process and amended articles of the Law on Natural Disaster Prevention and Control. He said that some types of natural hazards are not regulated in the Law; people at the grassroot level is very important force performing the task of preventing and combating natural disasters but not yet defined in the Law; natural disaster prevention and control Fund has been established and operates under the Law on Natural Disaster Prevention and Control, but it is only at the provincial level, it is also necessary to establish at central level to regulate funds among localities when severe natural calamities occur as well as to receive and distribute aid and relief resources of international organizations for immediate response, backup and disaster recovery. In addition, there are no regulations on materials, facilities and equipment for natural disaster prevention and control; on statistic works on natural disaster prevention and control and disaster safety control; on disaster recovery activities such as the construction of natural disaster prevention and control, traffic, information infrastructure, irrigation, electricity, schools, medical facilities and public infrastructure works; on international support for emergency relief, medium-term support and long-term support; on the authority to call for, receive and distribute dosmestic and international emergency supports for the Central Steering Committee for natural disaster prevention and control; on science and technology of natural disaster prevention and control and specialized inspection of natural disaster prevention and control.

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Mr. Nguyen Viet Tien - Director of Legal – Inspectorate Department, General Department of Disaster Prevention and Control, Ministry of Agriculture and Rural Development

In connection with the Dyke Law, the exploitation of sand, gravel and other minerals and dredging of canals should be approved by written document of the Ministry of Agriculture and Rural Development in order to strengthen the state management at central. It is essential to supplement regulations on the use of blank floating yards where construction works have not been built on and the removing of existing works and houses on floating yards in order to overcome legal gaps in the process of implementing the Law. There is still a concerning issue on the construction of bridges acrossing rivers and dikes (for projects on rehabitation and expansion of old bridge). It is also important to amend the rights of the specialized dike management force in handling law violations on dikes in accordance with the law on handling administrative violations and the issue of inconsistent name of the Steering Committee for Flood and Storm Control at Central and other levels as well as in the Law on Natural Disaster Prevention and Control.

According to Mr. Pham The Minh, Vice President of Vietnam Federation of Civil Engineering Association, regarding to the Law on Natural Disaster Prevention and Control, at Item 1, Article 5 should change the word "policy" to "solution" because "policy" is specific measures while "solution" includes many measures including policies. Baseline survey and planning are only one of solutions for natural disaster prevention and control. He suggested not to put Clause 2 and Clause 5 together with Article 6 because prevention of natural disasters is the duty of every citizen and every social organization. The amendment of Point C in Clause 4 of Article 15 on natural disaster prevention and control plan at provincial level will place a heavy responsibility for locality, for example integrated flood management of the river basin within the province area. Data on rainfall, rainy time, and rainfall area must be at the Central forecast level, each province does not have enough data to forecast and plan, Mr. Minh added.

Regarding to Law of Dyke, firstly it is understood that the dyke is a soil and stone embankment along the river banks and the coast to prevent water from overflowing into fields and residential areas. The dyke needs to be protected with dyke safety boundary line, but in the sliding sections, the dyke is close to the flow ship therefore there is a need for a circular to define the safety boundary line among dyke protection, flow ship and marked and signed navigation works. One more issue needs to be taken into consideration ‘a large amount of sand and gravel exploited from the river beds for construction materials’, he noted. This exploitation is distorting the river bed, altering the flow and causing bank erosion, dyke body erosion, landslides in many sections of the dyke leading to threaten the life of people living along the dyke.

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Mr. Pham The Minh, Vice President of Vietnam Federation of Civil Engineering Association

Dr. Chu Phuong Chi - Secretary General of Vietnam Water Resources Development Association said that Article 30 of the Law on Natural Disaster Prevention and Control recovery activities should only include "repair, restore, upgrade and build new natural disaster prevention and control works", eliminate "transport, information infrastructure, irrigation and electricity". In Dyke Law, Article 39 Clause 2 on rights, obligations and responsibilities of the specialized dike management force should added "terminate building and remove illegally-constructed works”.

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A delegate speaks at the workshop

Author: HT
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