Laws of Vietnam

DECIDES:

Article 1.- To set a long-term orientation and the five-year plan of 1996-2000 for the development of irrigation, transport and construction in the rural areas of the Mekong River delta with the aim of stabilizing the people’s life, developing production comprehensively, and building the rural areas of the Mekong River delta along the line of industrialization and modernization, thus contributing to ensuring the national food security and accelerating the economic growth rate of agricultural economy and rural development.

Irrigation work in the Mekong River delta must be aimed at using and exploiting most thoroughly and reasonably the water source of the Mekong River, a major and very valuable natural resource, while at the same time taking measures to minimize the damage caused by flooding.

To build step by step a comprehensive system of irrigation works, including projects for irrigation and drainage, for washing acid, aluminous and salty water, and controlling flooding effectively from key projects and canals at various levels to the system of inner-field irrigation canals in order to ensure the supply of water for about 2 million hectares of cultivated land. Of this hectarage, the area under multiple rice crops should be expanded, and 600,000-700,000 hectares of waste land should be reclaimed to ensure stable living conditions for 10 million inhabitants in flood-prone areas and to improve the ecological environment.

1. To complete 3 key projects at the Plain of Reeds, the Long Xuyen Quadrangle and the western part of Hau River to cultivate 2-3 rice crops a year.

2. To complete the desalination program on the Ca Mau, Go Cong and Nam Mang Thit peninsula to reclaim waste land, increase croppings, and stably develop production.

3. With regard to short-term crops in submerged areas:

To ensure the good harvest of the winter-spring and summer-autumn rice crops in deeply submerged areas (more than 1 metre deep), depending on the timing required for harvesting the summer-autumn rice crop in different areas, measures should be taken to adapt to and prevent flooding, to restructure the cropping in order to harvest the summer-autumn rice crop before the first week or the last week of August each year.

To control step by step flooding all the year round in shallowly submerged areas (less than 1 metre deep), surrounding embankments may be made where possible, but it is necessary not to obstruct the drainage of floods and to comply with the specific stipulations in planning.

4. With regard to perennial trees in submerged areas:

Measures should be taken to ensure the initiative in controlling floods all the year round. In deeply submerged areas, study should be made to decide what kind of trees is suitable for short-term submersion.

1. The transport system (waterway and road) and the irrigation system (sluices, canals, canal embankments at various levels, and field embankments) must be uniform to form a perfect system of transport which is suitable to the practices in the Mekong River delta, but which should not obstruct the flow of floods and raise the flood tide.

2. To build a system of road transport arteries linking the urban areas and a system of roads along the border line and to ensure the drainage of floods in the rainy season.

3. To form a system of favorable inter-provincial and inter-zonal waterways.

Directive No.815-TTg of December 12, 1995 of the Prime Minister must be correctly implemented.

With regard to submerged areas, it is necessary to ensure safety and stable living conditions for the people in rural and the urban areas, for industrial production and service establishments, and infrastructure facilities in case of a flood tide equal to that in 1961, and at the same time, to create favorable conditions for gradual development to civilized and modern life.

1. With regard to residential quarters in rural areas: To form populated conglomerations or lines protected from flooding by digging lakes and ponds to get earth to raise the ground of these conglomerations, digging canals to get earth to raise the ground along both sides of the canals, to make embankments around the populated conglomerations, or to build houses on stilts in combination with the reasonable building of public utility works.

2. With regard to towns, townships, and urban centers: The populated areas are protected from flooding by digging lakes and ponds to get earth to raise the ground or to make embankments, depending on the specific conditions in each area. In making embankments around populated areas, it is necessary to comply with the stipulations of the Ministry of Agriculture and Rural Development in order not to raise the water level under control.

Article 2.- To continue studying the plans of irrigation essential to the strategy of preventing and fighting flooding in the Mekong River delta in the following direction:

1. To study measures to discharge floods coming from the border with Cambodia by releasing them into the Vam Co River and the Gulf of Thailand.

2. To monitor any changes in the ecological environment and in the flow.

3. To study a system of uniform projects with a view to step by step ensuring the initiative in the control of irrigation, drainage, the prevention and fighting of floods.

Article 3.- The targets to be achieved in developing irrigation, transport and construction in the rural areas of the Mekong River delta from 1996 to 2000 are:

1. To plan and develop infrastructure facilities, economic and social services in the Mekong River delta in order to ensure a stable and constantly improving life for the local population and to minimize the losses in lives and property caused by floods.

2. To build necessary irrigation projects with the aim of reclaiming 500,000 hectares for rice cultivation and bringing the total area under rice cultivation in the region to 3.5 million hectares.

3. To turn into full account the land potential for the development of agricultural production in order to rapidly increase food output to 15-16 million tons a year.

Article 4.- The development of irrigation and transport and the building of populated areas in the Mekong River delta shall be undertaken mainly by the local people and administration with the active support of the State.

- The State shall invest budgetary capital in building anew, dredging and upgrading the main canals and canals of grade I, building major, complex projects and anti-erosion projects. Investment must, first of all, be focused on irrigation-cum-transport projects in areas where residential quarters are built, and on key irrigation projects in service of land reclamation, multiple croppings for development of rice production.

The localities shall invest budgetary capital in building anew, broadening, dredging and upgrading canals of grade II and projects along canals of grade II and sluices under embankments. The Presidents of the Provincial People’s Committees must reserve 45% of the revenue from tax payment for the use of farm land as priority investment in building irrigation works, and part of the revenue from the construction lottery to build schools and medical stations.

- The people shall contribute workdays to building embankments, the system of inter-field irrigation canals, and rice fields.

2. Reclaimed areas and new economic settlements shall comply with Decision No.773-TTg of December 21, 1994 of the Prime Minister.

3. With regard to populated areas: The people shall contribute workdays and capital to raising the ground, making embankments and building public utility works. In addition to mobilizing obligatory labor as prescribed by law, the People’s Councils at different levels can mobilize labor and capital of the people to do so.

The State shall apply the policy of giving priority to the granting of mid-term and long-term loans to those households covered by the preferential treatment policy and poor households so that these households can raise the ground to build their houses or build their houses on stilts. The Ministry of Agriculture and Rural Development shall work with the Ministry of Planning and Investment, the Ministry of Finance, the Ministry of Labor, War Invalids and Social Affairs, the Vietnam State Bank, and the National Investment Support Fund in elaborating the concrete conditions and regime of granting loans to each group of households. The Presidents of the People’s Committees of the provinces shall consider and approve the specific cases for the granting of loans.

The People’s Committees of the provinces shall make a plan on the use of land for building irrigation and transport projects and populated areas, and submit it to the Prime Minister for decision.

The Presidents of the People’s Committees of the provinces shall settle concrete problems arising from the use of land in building irrigation and transport projects and populated areas to ensure fairness and reasonableness, and issue concrete stipulations on the regime of allotting land for building dwelling houses as prescribed by law.

- The State shall grant investment capital to upgrading, improving and building anew the key transport lines (waterways and roads) and those projects which require high technology. The division of capital sources between the central and local levels for investment in this program shall comply with the current regime of division of budgetary management.

- The provinces shall work out their own mechanism and policies to mobilize the people’s contributions and other capital sources for investment in developing the rural transport system in their localities.

- The upgrading, improving and building anew of projects in the rural transport system (provinces, districts and communes) must comply with the common planning for the transport network in each area concerning the direction of transport lines, scale, the requirements for drainage of floods, and the protection of projects.

Article 5.- On the implementation of the 1996 plan:

- Assigning the Ministry of Planning and Investment and the Ministry of Finance to balance and mobilize the budgetary capital sources and the capital returned by the irrgation projects sponsored by ADB and WB in recent years, and ODA capital sources to immediately build the necessary irrigation works at the proposal of the Minister of Agriculture and Rural Development.

If the above-mentioned capital sources are not enough, the Ministry of Finance and the State Bank shall issue treasury bonds.

- The Ministry of Communications and Transport, the Ministry of Construction and the other Ministries and branches concerned shall deploy their work according to the 1996 plan of the branches.

- The People’s Committees of the provinces in the Mekong River delta basing themselves on Article 4 of this Decision shall plan the implementation of their work right from the early months of 1996.

Article 6.- The National Programs managed by the Ministries must comply with the contents of this Decision, including Programs 327 and 773; arrangement of labor and generation of employment; education; medical care; culture; population and family planning; clean water and rural environmental hygiene; development of information industry; coverage of mountain areas, highlands, border areas, islands and remote areas with radio broadcasting; coverage of mountain areas, highlands, border areas and islands with television broadcasting; child care and protection; giving support to those ethnic minorities in special difficulty...

Article 7.- Organization of implementation:

1. The Ministry of Agriculture and Rural Development shall work with the other Ministries, branches and localities concerned to continue studying, supplementing and perfecting the plan for flood prevention and fighting in the Mekong River delta.

The Ministry of Agriculture and Rural Development shall preside over the organization of the implementation of this Decision. The Ministry of Planning and Investment, the Ministry of Science, Technology and Environment, the Ministry of Finance, the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Construction, Communications and Transport, the Ministry of Education and Training, the Ministry of Public Health, and the Vietnam State Bank shall each appoint a contact agency with full-time staff for coordination of actions.

2. Each province shall establish a Steering Committee to implement this Decision with the participation of the branches concerned, which shall be headed by a Vice-President of the Provincial People’s Committee, and include the Director of the Agriculture and Rural Development Service as Standing Member.

3. The Ministry of Communications and Transport shall work with the Ministry of Agriculture and Rural Development and the People’s Committees of the provinces in the Mekong River delta to make planning for the transport system (waterways and roads) and submit it to the Prime Minister for approval.

4. The Ministry of Construction shall work with the Ministry of Agriculture and Rural Development and the People’s Committees of the provinces in the Mekong River delta to make planning for populated areas and model designing for different types of populated areas and dwelling houses for the people.

5. The Ministry of Education and Training shall work with the Ministry of Construction and the People’s Committees of the provinces in the Mekong River delta to make planning for systems of schools.

6. The Ministry of Public Health shall work with the Ministry of Construction and the People’s Committees of the provinces in the Mekong River delta to make planning and designing for hospitals, dispensaries and medical stations in populated areas.

7. The Ministry of Science, Technology and Environment and the National Centre of Natural Sciences and Technology shall take part in making planning for flood prevention and fighting and direct the Scientific Research Institutes in studying problems concerning the environment, ecology and the flow of floods.

Article 8.- The Ministers, the Heads of ministerial-level agencies, the Heads of the agencies attached to the Government and the Presidents of the People’s Committees of the provinces in the Mekong River delta shall have to implement this Decision.