Nghe An: Many difficulties in handling violations of the Law on Dikes and Irrigation

Many mistakes

During the flood that occurred in late September and early October, in Hoang Mai town, the Hoang Mai River and Nha Le Canal were dammed up, which was considered one of the reasons that made the flooding situation in this locality more serious. Specifically, when implementing the construction of the North-South expressway, Nghi Son - Dien Chau section, right at the section passing throughHoang Mai RiverConnecting Quynh Vinh and Quynh Trang communes, the construction unit built a road across Hoang Mai River, causing the flow to be blocked. More importantly, Hoang Mai River is the main drainage direction of Vuc Mau irrigation lake.

Hoang Mai River at the time it was still being filled up and had not been cleared. Photo: Tien Dong

Also on the Hoang Mai River, the coastal road construction area, the southern branch of this river, the construction unit also filled the river with soil, leaving only a short distance for water to flow through.

Similarly, when constructing the overpass over Nha Le canal, the construction unit filled the ground to make a service road across the canal, affecting flood drainage. The peak was on the morning of September 30, 2022, when the flood water in Hoang Mai town was rising, this service road caused a large difference in water levels in the upper and lower reaches of Nha Le canal, forcing the local authorities to request the construction unit to use machinery to demolish the road to drain the water.

Obviously, the construction units carrying out the construction of Hoang Mai River and Nha Le Canal are illegal acts. Because rivers and canals are protected by many laws as well as other provisions of the law. According to Point C, Clause 1, Article 31 of the Law on Water Resources 2012, rivers, streams, canals and ditches are water sources, water drainage axes or are important for socio-economic development activities and environmental protection. These are water sources that need to have a protection corridor.

In addition, the scope of water source protection corridors for rivers, streams, canals and ditches is also stipulated in Article 9, Decree No. 43/2015/ND-CP of the Government dated May 6, 2015 regulating the establishment and management of water source protection corridors. In addition, in Article 12, the prohibited acts of the 2013 Law on Natural Disaster Prevention and Control also clearly state: It is prohibited to encroach on river banks, riverbeds, create obstacles, obstruct the flow... Most recently, Decree No. 03/2022/ND-CP dated January 6, 2022 of the Government also stipulates quite detailed regulations on forms, fines as well as measures to remedy consequences for administrative violations in the field of natural disaster prevention and control; irrigation; dykes...

On the morning of October 20, local authorities requested construction units to dredge the Hoang Mai River for the construction of Hoang Mai 2 Bridge. Photo: Tien Dong

However, up to this point, according to our records, the complete clearance of rivers and canals at the above locations in Hoang Mai town has not been thoroughly implemented.

Although on October 19, 2022, the Steering Committee for Natural Disaster Prevention, Search and Rescue and Civil Defense of Nghe An province issued Document No. 223/BCH-PCTT requesting Project Management Board 6 - Ministry of Transport; Nghe An Department of Transport to direct relevant units to seriously implement the contents of Document No. 113/BCHPCTT dated July 14, 2022 of the Steering Committee for Natural Disaster Prevention, Search and Rescue and Civil Defense of the province onflow blockage treatmentdue to the construction of a coastal bridge and road from Nghi Son (Thanh Hoa) - Cua Lo (Nghe An) across the Hoang Mai River and across the Nha Le Canal; Document No. 114/BCHPCTT dated July 15, 2022 of the Provincial Steering Committee for Natural Disaster Prevention, Search and Rescue and Civil Defense on handling the blockage of the flow due to the construction of a highway bridge across the Hoang Mai River. Even the Steering Committee for Natural Disaster Prevention, Search and Rescue and Civil Defense of Nghe An province has requested the People's Committee of Hoang Mai town to strictly handle the violating units.

Document requesting strict handling of violating units. Photo: Tien Dong

Difficult to handle completely

According to the report of the Department of Agriculture and Rural Development, currently in the whole province there are 7 irrigation companies, of which 4 are Irrigation LLCs: Bac, Nam, Tay Bac, Tay Nam and 3 Irrigation LLCs: Thanh Chuong, Tan Ky, Phu Quy are responsible for managing, operating, exploiting and protecting large and medium-sized irrigation works.

In addition, according to decentralization, the District People's Committee is assigned to manage independent works located within the communes and the intra-field canals of the works other than the part managed by irrigation enterprises.

Since the beginning of 2022, the Department of Agriculture and Rural Development has coordinated with departments, branches, sectors and localities to advise the Provincial People's Committee to issue Document No. 2791/UBND-TD on directing the handling of violations on the Vach Bac drainage canal and the N18A irrigation canal passing through Do Thanh commune (Yen Thanh).

From the beginning of the year to September 25, 2022, this locality has issued 9 decisions on administrative sanctions for violations in the field of irrigation. Currently, the People's Committee of Do Thanh commune is coordinating with Bac Nghe An Irrigation Company Limited to continue handling violations on the Vach Bac drainage canal and the N18A irrigation canal.

However, according to Mr. Luyen Xuan Hue - Chairman of the People's Committee of Do Thanh commune, the handling of the case is very difficult. Although decisions on penalties have been issued, violators do not comply. Even the fines are not collected.

It is worth mentioning that Do Thanh commune is the location where the most serious violations of the protection corridor of irrigation works occurred in Yen Thanh district in particular and the whole province in general. This violation originated in the early 1990s, when the local government illegally sold land to many households along the banks of the Vach Bac canal. Afterwards, the households bought and resold it to many people who came to build houses for trading and living...

Up to now, there have been 184 households violating this area, including 168 households on the South bank and 16 households on the North bank in Gia My, Bac Phuong, and Phu Xuan villages.

A house is being completed in the Bac Vach drainage canal corridor. Photo: Tien Dong

Mr. Hue said: In 2017, although the Provincial People's Committee issued a document requesting to maintain the status quo of the violation, it was very difficult to implement. The Provincial People's Committee assigned the locality to develop a 10-hectare resettlement area plan, and the locality also selected a location at Soi field in Phu Xuan hamlet, but so far it has not been implemented.

Not to mention, according to Mr. Hue, there is currently a problem that has arisen, recently when constructing the North-South expressway through Do Thanh commune, 8 households violated the corridor of the irrigation works and were compensated for land acquisition at a price of 12.5 million VND/m.²or more, not to mention the assets on the land, this is no different than "legalizing violations".

It is known that in mid-2022, the Department of Agriculture and Rural Development also advised the Provincial People's Committee to issue documents directing localities, departments and branches to handle violations of the protection of irrigation works in the province. Currently, the department is also continuing to complete the Draft Regulations on decentralization of management, exploitation and protection of irrigation works and irrigation service delivery points in Nghe An province; regulations on coordination between sectors and levels in the work of preventing and handling violations of the law on irrigation, dykes, and natural disaster prevention and control in the area.

However, in reality, violations of the protection of irrigation works such as unlicensed discharge into the system; planting trees on canal banks, building fences, building houses and works within the protection area of ​​irrigation works. Especially the situation of households discharging domestic wastewater and livestock wastewater into irrigation works because the level of toxic and radioactive substances has not been determined, so the treatment is still limited.

In the report on violations of the protection scope of irrigation works in the third quarter of 2022, the Department of Agriculture and Rural Development also cited the case of wastewater from Muong Thanh Ecological Zone, a branch of Muong Thanh Group Joint Stock Company in Dien Lam commune (Dien Chau), discharged into Bau Gia - Ma To reservoir. Although the project management unit had reminded and reported to the locality, it still recurred, causing difficulties in handling.

Vach Bac drainage canal - one of the most painful locations of violations of the protection scope of irrigation works in the whole province. Photo: Tien Dong

Mr. Nguyen Truong Thanh - Head of the Irrigation Sub-Department said: There are many reasons why the handling of violations of the protection corridor of irrigation works cannot be completely resolved. Partly because some violations have existed for a long time, due to historical reasons, occurring before the Ordinance on Exploitation and Protection of Irrigation Works (now the Irrigation Law) and the Law on Dykes were issued. Although according to regulations, they must be relocated, they have not been implemented yet, causing difficulties in management and handling of violations.

In addition, the placement of boundary markers to determine the protection scope of irrigation works according to the provisions of the Law on Irrigation has not yet been implemented, causing difficulties in the management, exploitation, protection of irrigation works as well as in the punishment of violations - Mr. Thanh added.

Tien Dong