Law on Civil Defense No. 18/2023/QH15

LAW ON CIVIL DEFENSE^[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Civil Defense.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides civil defense principles and activities; rights, obligations and responsibilities of agencies, organizations and individuals in civil defense activities; and state management of and resources for civil defense.

Article 2. Interpretation of terms

In this Law, the terms below are construed as follows:

1. Civil defense means part of national defense, consisting of measures to prevent and control, and remedy consequences of, wars; prevent and control, and remedy consequences of, incidents, catastrophes, disasters and diseases; and protect the People, agencies, organizations, and national economy.

2. Incident means an abnormal circumstance in which a disaster, an epidemic, humans or consequences of a war cause(s) or threaten(s) to cause human, property or environmental damage.

3. Catastrophe means an unexpected event caused by a disaster or dangerous and widespread epidemic, humans or consequences of a war that causes serious human, property or environmental damage.

4. Vulnerable subject means a person or a group of people whose characteristics and circumstances make him/her/them suffer from more adverse impacts of an incident or a catastrophe than other groups of people in the community do, including children, the elderly, pregnant women or women nursing under-36-month children, people with disabilities, people suffering from fatal diseases, the poor, people who have lost their civil act capacity, ethnic minority people residing in areas with difficult socio-economic conditions, people residing in areas with extremely difficult socio-economic conditions, and other subjects specified by law.

Article 3. Principles of civil defense activities

1. Complying with the Constitution and laws of Vietnam, and treaties to which the Socialist Republic of Vietnam is a contracting party.

2. Submitting to the Party’s leadership and the State’s uniform management; bringing into full play the role and participation of the Vietnam Fatherland Front, socio-political organizations, mass organizations, and the People.

3. Being uniformly organized from the central level to local level; being subject to assignment of responsibilities, delegation of powers and close coordination among agencies, organizations and forces in civil defense activities.

4. Making early and distant preparations for civil defense activities with  prevention regarded as the center; adhering to the “utilizing four resources available on the spot” guideline in combination with aid and support of the central government, other localities and the international community; taking the initiative in assessing the possibility of occurrence of incidents or catastrophes, determining the level of civil defense, and applying appropriate civil defense measures to respond to, and promptly remedy consequences of, wars, incidents, catastrophes, disasters and epidemics, protect the People, agencies, organizations and the national economy, thereby minimizing human and property damage and stabilizing the People’s life.

5. Combining civil defense with the assurance of national defense and security, socio-economic development, protection of the People’s life, health and property, protection of the environment and ecosystems, and adaptation to climate change.

6. Ensuring that the application of measures and mobilization of resources in civil defense must be timely, reasonable, feasible, efficient, and appropriate to different subjects and levels of civil defense specified in this Law and other relevant regulations.

7. Ensuring that civil defense activities are carried out in a humane, fair and transparent manner while ensuring gender equality and giving priority to vulnerable subjects.

Article 4. Application of the Law on Civil Defense and relevant laws

1. Civil defense activities in the Vietnamese territory shall be carried out in accordance with the Law on Civil Defense and relevant regulations.

2. In case other laws promulgated before the effective date of the Law on Civil Defense contain different provisions on the prevention, control and remediation of consequences of incidents and catastrophes which, however, are not contrary to the principles specified in this Law, such laws’ provisions shall prevail.

3. In case other laws promulgated after the effective date of the Law on Civil Defense require special provisions on civil defense which are different from those of the Law on Civil Defense, it is necessary to identify specific contents that must comply or do not need to comply with the Law on Civil Defense and contents that must comply with such other laws.

Article 5. The State’s policies on civil defense

1. To prioritize investment in the construction of special-use civil defense works under master plans and plans; to procure civil defense equipment.

2. To improve the capacity for the civil defense forces, and build specialized forces that are exclusively organized and possess modern and professional equipment; to provide more dual-use equipment and vehicles for the armed forces.

3. To mobilize resources of agencies, organizations and individuals for carrying out civil defense activities.

4. To develop, research, transfer and apply sciences, high technologies, advanced and modern technologies in civil defense activities.

5. To train and retrain human resources, prioritize the attraction of high-quality human resources to serve civil defense activities.

6. To encourage and create favorable conditions for agencies, organizations and individuals to make material, financial and spiritual contributions to civil defense activities in the principles of voluntariness, non-contravention of Vietnam’s laws and conformity with international laws.

7. To ensure national reserves for civil defense activities.

Article 6. Information on incidents and catastrophes

1. Information on risks and developments of incidents and catastrophes must be timely and accurate, and provided in Vietnamese language and other languages appropriate to assorted types of informed subjects, particularly vulnerable subjects. When necessary, information may be provided in ethnic minority languages and foreign languages.

2. Basic information on an incident or a catastrophe includes type; time and location of occurrence, intensity, magnitude, and level of danger; and projected affected area and forecast developments of the incident or catastrophe, and warnings and recommended remedies.

3. The Government shall regulate the use of a common hotline to receive information on incidents and catastrophes nationwide.

Article 7. Levels of civil defense

1. Civil defense levels refer to the determined extent of the application of measures by administrations at all levels within the ambit of their management to respond to, and remedy consequences of, incidents and catastrophes, and serve as a basis for determining responsibilities, measures and resources of administrations at all levels, agencies, organizations and individuals in civil defense.

2. Bases for determining civil defense levels include:

a/ Affected area, possibility to expand, and potential consequences of an incident or a catastrophe;

b/ Geographical location; natural, social and civil conditions; national defense and security characteristics and reality of areas affected by an incident or a catastrophe;

c/ Developments, extent of damage, and damage caused by an incident or a catastrophe;

d/ Capability of the local administration and civil defense forces to respond to and remedy consequences of an incident or a catastrophe.

3. Civil defense levels are specified as follows:

a/ Level-1 civil defense shall be applied to respond to, and remedy consequences of, an incident or a catastrophe within a district-level area when developments and extent of damage of the incident or catastrophe exceed the responding and consequence-remedying capability and conditions of specialized forces and commune-level local administrations.

b/ Level-2 civil defense shall be applied to respond to, and remedy consequences of, an incident or a catastrophe within a provincial-level area when developments and extent of damage of the incident or catastrophe exceed the responding and consequence-remedying capability and conditions of district-level local administrations.

c/ Level-3 civil defense shall be applied to respond to, and remedy consequences of, an incident or a catastrophe in one or more than one province or centrally run city when developments and extent of damage of the incident or catastrophe exceed the responding and consequence-remedying capability and conditions of provincial-level local administrations.

Article 8. Science and technology in civil defense

1. To research, transfer and apply sciences, high technologies, advanced and modern technologies so as to build civil defense works, civilian works and civil defense equipment to meet requirements for prevention of, response to, and remediation of consequences of incidents and catastrophes.

2. To research and apply sciences and technologies in forecasting and warning about incidents and catastrophes, and implementing appropriate measures to prevent, respond to, and remedy consequences of, incidents and catastrophes.

3. To research and apply data technology in the management, extraction and use of information and data for prevention of, response to, and remediation of consequences of incidents and catastrophes.

Article 9. International cooperation in civil defense

1. Principles of international cooperation in civil defense include:

a/ Ensuring respect for independence, sovereignty, equality and mutual benefits; complying with Vietnam’s laws and treaties to which the Socialist Republic of Vietnam is a contracting party and relevant international agreements;

b/ Creating conditions for domestic and foreign organizations and individuals, overseas Vietnamese, and international organizations to cooperate with one another in civil defense;

c/ Expanding and developing training, science research and application, technology transfer; coordinating with one another in search and rescue activities; investing in and building civil defense works.

2. Contents of international cooperation in civil defense include:

a/ Exchanging information, making forecasts and warnings about incidents, catastrophes, disasters, epidemics and wars;

b/ Searching, rescuing, and providing humanitarian aid;

c/ Providing assistance in responding to, and remedying consequences of, incidents, catastrophes, disasters, epidemics and wars;

d/ Training, coaching, organizing drills, investing, researching and applying sciences, transferring technologies, and building civil defense works.

Article 10. Prohibited acts in civil defense

1. Resisting, obstructing, intentionally delaying or failing to abide by civil defense directions and commands of competent agencies or persons; refusing to participate in search and rescue activities when practical conditions permit such activities.

2. Damaging, destroying or appropriating civil defense equipment and works.

3. Causing incidents or catastrophes that are likely to cause harms to human life and health and damage to property of the State, the People, agencies, organizations, the environment, and national economy.

4. Spreading untruthful information on incidents and catastrophes.

5. Intentionally installing hurdles to obstruct civil defense activities.

6. Building works that reduce or neutralize utilities of civil defense works; illegally building works within areas planned for civil defense works or areas of existing civil defense works.

7. Using special-use civil defense equipment for improper purposes; improperly operating or utilizing special-use civil defense works.

8. Abusing ones’ positions or powers to act against the civil defense law; concealing persons committing violations of the civil defense law; taking advantage of incidents and catastrophes to mobilize and use resources for civil defense for improper purposes.

9. Taking advantage of civil defense activities or incidents or catastrophes to infringe upon interests of the State, lawful rights and interests of organizations and individuals.

Chapter II

CIVIL DEFENSE ACTIVITIES

Section 1

PREVENTION ACTIVITIES

Article 11. Formulation of national strategies for civil defense

1. A national strategy for civil defense shall be formulated every 10 years, with a 20-year vision, and updated and modified every 5 years or upon the occurrence of an incident, a catastrophe or a war.

2. Bases for formulation of a national strategy for civil defense include:

a/ Policies and guidelines of the Party, policies and laws of the State on civil defense, national defense and socio-economic development in association with assurance of national defense and security; and treaties to which the Socialist Republic of Vietnam is a contracting party;

b/ National civil defense practices; international experiences in civil defense activities;

c/ Results of identification, assessment and zoning of areas prone to incidents and catastrophes;

d/ Resources for civil defense activities.

3. Contents of a national strategy for civil defense include viewpoints, objectives, orientations, tasks, solutions, programs, schemes, key projects and organization of the implementation of civil defense nationwide.

4. The Prime Minister shall promulgate national strategies for civil defense.

Article 12. Formulation of civil defense plans

1. Civil defense plans at all levels shall be formulated every 5 years and modified when necessary.

2. Contents of a civil defense plan include:

a/ Evaluation of people’s livelihood, economic, social, national defense, security and environmental characteristics and practical development of economic sectors and infrastructure facilities;

b/ Forecasting of potential incidents and catastrophes;

c/ Determination of measures that may be applied in correspondence to each civil defense level;

d/ Determination of civil defense contents that must be incorporated in national and local socio-economic development master plans and plans;

dd/ Determination of annual and 5-year implementation resources and progress of civil defense plans;

e/ Determination of responsibilities of agencies, organizations and individuals.

3. The formulation, promulgation and modification of national civil defense plans are provided as follows:

a/ Based on socio-economic development master plans and plans, national strategies for civil defense, national defense plans and fatherland protection tasks, the Ministry of National Defense shall coordinate with ministries, central sectors, ministerial-level agencies and localities in formulating and submitting national civil defense plans to the Prime Minister for promulgation;

b/ Upon irregular or urgent requests or for national defense, security or interest reasons, the Ministry of National Defense shall coordinate with related ministries, central sectors, ministerial-level agencies and localities in modifying national civil defense plans and submitting modified plans to the Prime Minister for promulgation.

4. Based on socio-economic development plans, national strategies for civil defense, and national civil defense plans, civil defense command agencies of ministries, central sectors and ministerial-level agencies shall assume the prime responsibility for, and coordinate with related agencies and units in, formulating and modifying civil defense plans of such ministries, central sectors and ministerial-level agencies and submitting modified plans to ministers, heads of central sectors and heads of ministerial-level agencies for promulgation.

5. Based on local socio-economic development plans, national strategies for civil defense, national civil defense plans, and superior-level civil defense plans, local civil defense command agencies at all levels shall assume the prime responsibility for, and coordinate with related agencies and units in, formulating and modifying civil defense plans of their localities and submitting modified plans to chairpersons of same-level People’s Committees for promulgation.

Article 13. Civil defense works

1. Civil defense work means a work used for the purpose of preventing, responding to, and remedying consequences of, incidents and catastrophes.

2. Civil defense works include:

a/ Special-use civil defense works;

b/ Other works with their utilities serving civil defense.

3. The construction of special-use civil defense works must comply with master plans and plans, be associated with the military posture in defense areas, combine economic, cultural and social development, and comply with relevant regulations.

4. The State shall adopt policies to encourage organizations and individuals to build new works and technical infrastructure facilities with their utilities serving civil defense, or renovate existing ones.

5. The Government shall detail this Article.

Article 14. Civil defense equipment

1. Civil defense equipment includes vehicles, equipment and supplies serving civil defense activities.

2. The Ministry of National Defense shall assume the prime responsibility for, and coordinate with ministries, central sectors, ministerial-level agencies and localities in, submitting to the Prime Minister for promulgation the list of civil defense equipment; and guide the manufacture, storage and use of civil defense equipment.

3. Ministries, central sectors, ministerial-level agencies and localities shall invest in and procure civil defense equipment under civil defense plans at all levels.

Article 15. Monitoring and surveillance of risks of incidents and catastrophes

1. Investigating, surveying, monitoring, updating, summing up and processing information and forecasting risks of incidents and catastrophes.

2. Studying and analyzing types of incidents and catastrophes that are likely to occur in localities; making risk zoning maps for monitoring and surveillance.

3. Developing databases, updating and ensuring connectivity of information, and providing information to administrations at all levels and the People.

Article 16. Public communication and education about civil defense

1. Citizens shall be educated and provided with information about the Party’s policies and guidelines and the State’s policies and laws on civil defense; provided with knowledge about civil defense in accordance with law.

2. Contents on education and re-training of knowledge about civil defense shall be included in the subject of national defense and security education at schools and national defense and security knowledge re-training programs as specified in the Law on National Defense and Security Education.

3. Agencies and organizations shall base themselves on their functions and tasks to organize the communication and application of science and technology to improve public awareness about civil defense.

Article 17. Civil defense training, coaching, retraining and drills

1. Civil defense training, coaching and retraining are provided as follows:

a/ The Minister of National Defense and Minister of Public Security shall promulgate civil defense training and coaching contents and programs for the armed forces;

b/ Ministers of ministries having specialized civil defense forces shall formulate civil defense training and coaching contents and programs for the forces under their ministries’ management;

c/ Provincial-level People’s Committees shall direct the training and coaching of local civil defense forces.

2. Civil defense drills are provided as follows:

a/ Military offices at all levels shall advise same-level People’s Committees on organizing defense zone drills that involve civil defense activities;

b/ Ministries shall direct their attached agencies and units in coordinating with local administrations in organizing civil defense drills under local plans.

Section 2

CIVIL DEFENSE ACTIVITIES IN CASE INCIDENTS AND CATASTROPHES ARE LIKELY TO OCCUR

Article 18.  Measures to be applied in case incidents and catastrophes are likely to occur 

In case an incident or a catastrophe is likely to occur, chairpersons of People’s Committees at all levels may apply measures specified in other relevant laws and the following measures:

1. Guiding and carrying out the evacuation of people and assets to safe areas; ensuring personal protection devices and equipment, food, foodstuffs, curative medicines, drinking water and other essential supplies for people in evacuation locations;

2. Installing signs and guard posts and restricting access of people and vehicles to areas where the incident or catastrophe is likely to occur;

3. Giving priority and creating favorable conditions for specialized forces to access the scene in order to promptly implement measures in response to the incident or catastrophe;

4. Suspending a number of activities that might increase the likelihood of occurrence of the incident or catastrophe or reduce the effectiveness of incident or catastrophe response measures;

5. Preparing forces and equipment to respond to the incident or catastrophe.

Article 19. Preparation of forces and equipment

The preparation of forces and equipment covers:

1. Reviewing and revising plans, formulating plans on mobilization of forces and equipment to respond to incidents and catastrophes;

2. Checking existing equipment; additionally providing equipment to strategic areas;

3. Reviewing and preparing materials, rallying places and shelters for people;

4. Intensifying the provision of information and communication to/with forces in areas where incidents and catastrophes are highly likely to occur; preparing for receipt of manpower, telecommunications and information technology infrastructure facilities in areas where incidents and catastrophes are highly likely to occur;

5. Increasing on-guard forces, deploying in advance part of on-guard forces in areas where incidents and catastrophes are highly likely to occur.

Section 3

CIVIL DEFENSE ACTIVITIES UPON THE OCCURRENCE OF INCIDENTS AND CATASTROPHES

Article 20. Competence to declare and abolish civil defense levels

1. Under Article 7 of this Law, the competence to declare and abolish civil defense levels is provided as follows:

a/ Chairpersons of district-level People’s Committees may declare and abolish level-1 civil defense in localities under their management;

b/ Chairpersons of provincial-level People’s Committees may declare and abolish level-2 civil defense in localities under their management;

c/ The Prime Minister may declare and abolish level-3 civil defense.

2. The Government shall specify the order and procedures for declaring and abolishing civil defense levels under Clause 1 of this Article.

Article 21. Competence to deploy and mobilize forces, equipment and assets

1. Ministers, heads of central sectors, heads of ministerial-level agencies, and heads of government-attached agencies may decide on deployment and mobilization of forces, equipment and assets in accordance with law in order to respond to, and remedy consequences of, incidents and catastrophes.

2. Chairpersons of People’s Committees of all levels may decide on deployment and mobilization of forces, equipment and assets of agencies, organizations and individuals in localities under their management in accordance with law in order to respond to, and remedy consequences of, incidents and catastrophes.

3. Equipment and assets mobilized to respond to, remedy consequences of, incidents and catastrophes must be returned to owners as soon as civil defense tasks are completed; in case of damage, compensation shall be paid in accordance with law.

4. In case of necessity, chairpersons of People’s Committees at all levels where incidents and catastrophes occur may request foreign organizations and individuals based in their localities to provide assistance and support for responding to, and remedying consequences of, incidents and catastrophes.

Article 22. Measures to be applied in level-1 civil defense

1. Measures to be applied in level-1 civil defense include:

a/ Evacuating people and assets from dangerous areas;

b/ Providing sufficient personal protection devices and equipment, food, foodstuffs, curative medicines, drinking water and other essential supplies to people in areas where incidents and catastrophes occur;

c/ Banning or restricting people’s and vehicles’ access to dangerous areas;

d/ Preventing and fighting fire and explosion; maintaining security and order at areas where incidents and catastrophes occur;

dd/ Disinfecting, sterilizing and sanitizing the environment;

e/ Protecting civil defense works.

2. Chairpersons of district-level People’s Committees shall decide on application of the civil defense measures specified in Clause 1 of this Article.

Article 23. Measures to be applied in level-2 civil defense

1. Measures to be applied in level-2 civil defense include:

a/ Measures specified in Clause 1, Article 22 of this Law;

b/ Imposing quarantine and social distancing measures suitable to the severity of incidents and catastrophes in localities;

c/ Transforming or suspending operation of schools; suspending non-essential production, business and service provision activities;

d/ Limiting or suspending the organization of festivals, religious rites, sport tournaments, cultural and artistic activities, events and other activities involving mass gatherings of people;

dd/ Inspecting and controlling traffic activities in areas where incidents and catastrophes occur;

e/ Applying measures to secure cyber information safety and cybersecurity in accordance with law.

2. Chairpersons of provincial-level People’s Committees shall decide on application of the civil defense measures specified in Clause 1 of this Article.

Article 24. Measures to be applied in level-3 civil defense

1. Measures to be applied in level-3 civil defense include:

a/ The measures specified in Clause 1, Article 23 of this Law;

b/ Imposing centralized quarantine and social distancing measures suitable to the severity of incidents and catastrophes in localities;

c/ Suspending operation of schools;

d/ Suspending the organization of festivals, religious rites, sport tournaments, cultural and artistic activities, events and other activities involving mass gatherings of people;

dd/ Limiting or suspending entry into, exit from, or transit through, the country in case of necessity in order to maintain national security, social order and safety, and protect the public health;

e/ Limiting or suspending traffic and transport into or out of areas where incidents and catastrophes occur, except those for official-duty reasons;

g/ Suspending in-person processing of administrative procedures; carrying out online processing of administrative procedures.

2. The Prime Minister shall decide on application of the civil defense measures specified in Clause 1 of this Article.

Article 25. Civil defense measures to be applied in the state of emergency

1. Civil defense measures to be applied in the state of emergency include:

a/ The measures specified in Clause 1, Article 24 of this Law;

b/ Applying the social distancing measure; imposing centralized quarantine measure on people entering or leaving areas where catastrophes occur;

c/ Providing social security aid in quarantine areas, isolated areas and areas where catastrophes occur;

d/ Helping people in areas where catastrophes occur stabilize psychology;

dd/ Discontinuing operation of production, business and service establishments in areas where catastrophes occur.

2. The Prime Minister and chairpersons of People’s Committees at all levels shall, within the ambit of their tasks and powers, base themselves on the practical situation to decide on application of the measures specified in Clause 1 of this Article and regulations on state of emergency.

3. Commanders of military units assigned to manage areas placed under martial law shall base themselves on the practical situation to decide on application of the measures specified in Clause 1 of this Article, regulations on state of emergency and regulations on martial law.

Article 26. Civil defense measures to be applied in the state of war

1. Civil defense measures to be applied in the state of war include:

a/ Deploying observation, public address, alarming and warning tower systems;

b/ Organizing the evacuation of people and assets;

c/ Concealing equipment in underground works, caves and tunnels;

d/ Storing food, foodstuffs, curative medicines and drinking water;

dd/ Building additional shelters, underground works, and combined refuge, disguise and distraction works; putting up military dummies, and limiting light and noise at night;

e/ Taking down or deactivating mass destruction weapons.

2. Depending on the practical situation, competent persons shall decide on the application of the measures specified in Clause 1, Article 22; Clause 1, Article 23; Clause 1, Article 24; and Clause 1, Article 25 of this Law, measures specified in Clause 1 of this Article, and those specified in regulations on the state of war.

Section 4

REMEDIATION OF CONSEQUENCES OF INCIDENTS AND CATASTROPHES

Article 27. Measures to remedy consequences of incidents and catastrophes

1. Search, salvation and rescue; provision of treatment to people who are injured or infected with toxic or radioactive substances.

2. Provision of aid and support for remedying damage; restoration or repair of essential public infrastructure facilities.

3. Remediation of consequences of environmental pollution, epidemic prevention and control.

4. Making of damage statistics and assessment.

5. Mobilization of voluntary contributions, and distribution of aid and support resources.

6. Promulgation and implementation of special support policies and measures regarding social security, labor, employment, taxation, finance, administrative procedures, investment, production, business, service provision, entry and exit, and other necessary fields.

Article 28. Damage statistics and assessment

1. Civil defense commands of ministries, central sectors and ministerial-level agencies shall assist ministers, heads of sectors and heads of ministerial-level agencies in making statistics on and assessing damage caused by incidents and catastrophes in the fields under their management, and send them to the National Steering Committee for Civil Defense for summarization and reporting to the Government and the Prime Minister.

2. Local civil defense commands at all levels shall make statistics on and assess damage caused by incidents and catastrophes in localities under their management, and report them to same-level People’s Committees and superior civil defense agencies.

3. People’s Committees at all levels shall make statistics on and assess damage caused by incidents and catastrophes in localities under their management, and report them to superior People’s Committees. Provincial-level People’s Committees shall make statistics on and assess damage caused by incidents and catastrophes in localities under their management, and report them to the National Steering Committee for Civil Defense for summarization and reporting to the Government and the Prime Minister.

4. The Government shall detail this Article.

Article 29. Provision of aid and support for remediation of damage

People’s Committees at all levels shall base themselves on statistics on, and assessment of, damage caused by incidents and catastrophes in their localities to identify specific subjects that need aid and support and resources for carrying out the following activities:

1. Formulating plans on provision of aid and support for remediation of damage caused by incidents and catastrophes;

2. Providing social security, labor and employment support;

3. Stabilizing the People’s life, rehabilitating production, business and service activities and other activities of society;

4. Providing support for remediation of environmental pollution consequences of incidents and catastrophes;

5. Carrying out other activities in accordance with law.

Article 30. Mobilization of voluntary contributions, distribution of aid and support resources

1. Principles of mobilization of voluntary contributions and distribution of aid and support resources for remediation of damage caused by incidents and catastrophes:

a/ Complying with regulations;

b/ Being based on extent of actual damage;

c/ Ensuring fairness, publicity, timeliness and eligibility of aid and support recipients;

d/ Coordinating with local administrations or the Vietnam Fatherland Front’s Committees in localities where subjects eligible for aid are based;

dd/ Meeting essential needs of people affected by incidents and catastrophes; giving priority to vulnerable subjects.

2. The mobilization of voluntary contributions and distribution of aid and support resources is provided as follows:

a/ The Prime Minister, ministers, heads of central sectors, heads of ministerial-level agencies, and chairpersons of People’s Committees at all levels shall mobilize resources according to their competence to serve the provision of emergency aid and support in accordance with law;

b/ The Vietnam Fatherland Front’s Committees and Vietnam Red Cross Society chapters at all levels, socio-political organizations, and other social organizations shall mobilize voluntary contributions and distribute emergency aid and support resources in accordance with law;

c/ Agencies, organizations and individuals that mobilize voluntary contributions shall comply with regulations and coordinate with People’s Committees or the Vietnam Fatherland Front’s Committees in localities where support is to be provided in providing aid and support to subjects suffering damage caused by incidents and catastrophes.

3. The Government shall detail Clause 2 of this Article.

Chapter III

DIRECTING AND COMMANDING CIVIL DEFENSE FORCES

Article 31. Civil defense directing activities

1. Monitoring and surveilling incident and catastrophe risks; firmly grasping developments of incidents and catastrophes; informing forces and people of relevant news.

2. Determining civil defense levels and applying appropriate civil defense measures.

3. Preparing response plans; organizing examination in localities where incidents and catastrophes are likely to occur.

4. Additionally providing forces, getting ready to deploy on-spot command posts, and directly rendering directions in strategic areas and key locations.

5. Checking evacuation and rallying places for their readiness for use in case higher-level civil defense is required.

Article 32. Competence to direct civil defense

1. The Government shall direct civil defense nationwide.

2. The Ministry of National Defense shall assist the Government in directing civil defense.

3. Ministries, central sectors, ministerial-level agencies and government-attached agencies shall direct, guide, and organize implementation of, civil defense activities in the fields under their management in accordance with law.

4. People’s Committees at all levels shall direct and organize the implementation of civil defense in their localities in accordance with law.

Article 33. Commanding of civil defense forces

1. The commanding of civil defense forces of ministries, central sectors, ministerial-level agencies and local administrations shall be decided by ministers, heads of central sectors, heads of ministerial-level agencies, and chairpersons of People’s Committees at all levels.

2. Chairpersons of commune-level People’s Committees shall command forces and means in their localities in order to promptly respond to incidents and catastrophes once they occur in their localities.

3. The commanding at different levels of civil defense is provided as follows: 

a/ Chairpersons of district-level People’s Committees shall command forces and means in their localities in order to implement level-1 civil defense measures specified in Article 22 of this Law and other measures specified in relevant regulations;

b/ Chairpersons of provincial-level People’s Committees shall command forces and means in their localities in order to implement level-2 civil defense measures specified in Article 23 of this Law and other measures specified in relevant regulations;

c/ The Prime Minister shall command forces and means of ministries, central sectors, ministerial-level agencies and localities in order to implement level-3 civil defense measures specified in Article 24 of this Law and other measures specified in relevant regulations;

d/ In case response and remediation efforts exceed the capability of forces and means in their localities, chairpersons of lower-level People’s Committees shall report thereof to chairpersons of higher-level People’s Committees; chairpersons of provincial-level People’s Committees shall report thereof to the National Steering Committee for Civil Defense and the Prime Minister.

4. Heads of local specialized agencies shall obey directions of provincial- or district-level People’s Committees in commanding affiliated forces in implementing civil defense in the fields under their management in accordance with law.

5. The Minister of National Defense shall assume the prime responsibility for, and coordinate with ministers, heads of central sectors, heads of ministerial-level agencies, chairpersons of provincial-level People’s Committees in, commanding affiliated units in implementing civil defense in areas under the military management and Vietnam’s maritime zones beyond the management by provincial-level People’s Committees.

6. Commanders of military and public security units shall mobilize and command affiliated forces in participating and coordinating with one another in civil defense activities in accordance with law.

Article 34. National steering agency and command offices of civil defense

1. The National Steering Committee for Civil Defense is an interdisciplinary coordinating organization with the function of advising the Government and the Prime Minister on the organization, direction and management of civil defense nationwide. The National Steering Committee for Civil Defense, the National Steering Committee for Disaster Prevention and Control, and the National Committee for Incident and Disaster Response and Search and Rescue shall be reorganized and consolidated into the National Steering Committee for Civil Defense.

2. The Ministry of National Defense shall act as the standing body of the National Steering Committee for Civil Defense. Members of the National Steering Committee for Civil Defense shall assume the prime responsibility for advising the Steering Committee on the organization, direction and management of civil defense in the fields under their management in accordance with law.

3. Civil defense commands shall be established at ministries, central sectors and ministerial-level agencies to advise ministers, heads of central sectors and heads of ministerial-level agencies on the organization, direction and management of civil defense in the fields under their management.

4. Local civil defense commands shall be established in at commune, district, and provincial levels to advise chairpersons of same-level People’s Committees on the organization, direction and management of civil defense in their localities. Military offices at all levels shall act as standing bodies of same-level civil defense commands. Members of local civil defense commands shall assume the prime responsibility for advising the commands on the organization, direction and management of civil defense in their assigned fields.

5. The Government shall specifically provide the establishment, functions, tasks, powers and organizational structures of the National Steering Committee for Civil Defense, civil defense commands of ministries, central sectors and ministerial-level agencies, and local civil defense commands.

Article 35. Civil defense forces

1. Civil defense forces include core forces and universal forces.

2. Core forces include:

a/ Militia, self-defense forces and civilian guards;

b/ Full-time and part-time forces of the People’s Army, the People’s Public Security, ministries, central sectors, ministerial-level agencies and localities.

3. Universal forces are participated by the entire population.

4. The Government shall detail this Article.

Chapter IV

RIGHTS AND OBLIGATIONS OF AGENCIES, ORGANIZATIONS AND INDIVIDUALS IN CIVIL DEFENSE ACTIVITIES

Article 36. Rights and obligations of individuals

1. Individuals have the following rights:

a/ To access information on civil defense in accordance with law;

b/ To receive aid and support when suffering damage caused by incidents and catastrophes in accordance with law;

c/ To enjoy remuneration for their participation in civil defense activities under mobilization decisions of competent persons;

d/ To have their equipment and assets that have been mobilized for civil defense activities returned as soon as the response to, and remediation of consequences of, incidents and catastrophes are completed; to receive compensations or payments in accordance with law in case their mobilized equipment and assets are damaged or depreciated;

dd/ To have their honor or dignity restored if suffering from damage to honor and dignity when participating in the response to and remediation of consequences of incidents and catastrophes; to be considered for entitlement to the regimes and policies specified in Clause 3, Article 41 of this Law if suffering from injuries or damage to health or life.

2. Individuals have the following obligations:

a/ To implement civil defense measures under local civil defense plans;

b/ To participate in civil defense training, retraining, coaching and drill activities when requested by competent agencies; to participate in civil defense activities when mobilized;

c/ To get supplies and equipment ready within their capability in order to stay safe in incidents and catastrophes;

d/ To take the initiative in responding to, and remedying consequences of, incidents and catastrophes in order to ensure safety for themselves and their families upon the occurrence of incidents and catastrophes; to participate in supporting the community in preventing and controlling incidents and catastrophes; to help victims of incidents and catastrophes in their localities; to sanitize the environment, prevent and control epidemics and diseases in their places of residence and workplaces;

dd/ To abide by instructions and requests of competent agencies and persons regarding the evacuation of people and vehicles entering or leaving dangerous areas; to abide by decisions of competent persons on mobilization of manpower, equipment and assets to serve the emergency response;

e/ To promptly notify and provide information to competent agencies on developments of, and damage caused by, incidents and catastrophes when practical conditions permit.

Article 37. Rights and obligations of agencies and organizations

1. Agencies and organizations have the following rights:

a/ To access information on civil defense in accordance with law;

b/ To participate in civil defense activities in their localities;

c/ To receive aid and support when suffering damage caused by incidents and catastrophes in accordance with law;

d/ To have their equipment and assets that have been mobilized for civil defense activities returned as soon as the response to, and remediation of consequences of, incidents and catastrophes are completed; to receive compensations or payments in accordance with law in case their equipment and assets that have been mobilized for civil defense activities are damaged or depreciated;

dd/ To participate and coordinate with one another in carrying out the provision of information, communication and education about civil defense.

2. Agencies and organizations have the following obligations:

a/ To mobilize their employees and members and the people to comply with regulations on civil defense;

b/ To take the initiative in building and protecting works and physical foundations under their management in order to ensure their safety in case of incidents and catastrophes;

c/ To formulate and organize implementation of plans on prevention of, response to, and remediation of consequences of, incidents and catastrophes;

d/ To abide by decisions of competent persons on mobilization of manpower, equipment and essential supplies to serve civil defense activities;

dd/ To take the initiative in sanitizing the environment, preventing and controlling epidemics and diseases within the ambit of their management;

e/ To take the initiative in remedying consequences and paying compensations for damage upon the occurrence of incidents and catastrophes during their production and business operations.

Article 38. Rights and obligations of foreign organizations and individuals and international organizations

1. Foreign organizations and individuals and international organizations participating in the response to, and remediation of consequences of, incidents and catastrophes in Vietnam have the following rights:

a/ To be entitled to exemption from import and export duties and fees for equipment and commodities serving the provision of emergency aid, search and rescue activities in accordance with tax and fee regulations;

b/ To enjoy priority in entry, exit and residence procedures for their forces; in import and export procedures for equipment and commodities used to serve aid, search and rescue activities in accordance with law.

2. Foreign organizations and individuals and international organizations participating in the response to, and remediation of consequences of, incidents and catastrophes in Vietnam have the following obligations:

a/ To register their operation with Vietnamese competent agencies;

b/ To operate for registered purposes and in compliance with Vietnam’s laws.

3. Foreign organizations and individuals and international organizations currently operating in Vietnam and participating in the response to, and remediation of consequences of, incidents and catastrophes have the rights and obligations provided or specified in Articles 36 and 37, Clauses 1 and 2 of this Article.

Chapter V

RESOURCES FOR CIVIL DEFENSE, ENTITLEMENTS AND POLICIES FOR CIVIL DEFENSE FORCES

Article 39. Resources for civil defense

1. Financial sources for civil defense include:

a/ The state budget;

b/ Voluntary contributions of organizations and individuals;

c/ The civil defense fund;

d/ Other financial sources specified by law.

2. The State shall allocate budget funds for civil defense in accordance with the state budget law; prioritize the allocation of state budget funds for border areas, maritime zones, islands, strategic areas, and key localities.

3. Assets used to serve civil defense under the State’s uniform management include:

a/ Public assets in agencies, organizations, localities and armed forces as specified by the laws on management and use of public assets and land and other relevant regulations;

b/ Assets that are compulsorily purchased, requisitioned and mobilized and other assets assigned by the State to agencies, organizations, localities and armed forces units for management to serve civil defense in accordance with regulations on compulsory purchase and requisition of assets and other relevant regulations.

4. The State shall make plans on building of national reserves to serve civil defense. The management and use of national reserves for civil defense must comply with the law on national reserves.

Article 40. The civil defense fund

1. The civil defense fund is an off-budget state financial fund established at the central and provincial levels to mobilize social resources for civil defense activities. The civil defense fund shall be used first of all for:

a/ Providing emergency aid in food, drinking water, curative medicines and other essential supplies to victims of incidents and catastrophes;

b/ Providing support for repair or construction of houses, medical establishments and schools in areas affected by incidents and catastrophes.

2. The civil defense fund is formed from the following financial sources:

a/ Voluntary contributions of domestic and foreign organizations and individuals;

b/ Amounts transferred from off-budget state financial funds in relation to activities of responding to, and remedying consequences of, incidents and catastrophes.

3. Principles of operation of the civil defense fund are as follows:

a/ Being used not for the profit-making purpose;

b/ Being managed and used for proper and lawful purposes and in a timely, efficient, public and transparent manner;

c/ Supporting civil defense activities not yet invested by the state budget or in which investment has not met requirements;

d/ Being regulated with other off-budget state financial funds in relation to activities of responding to, and remedying consequences of, incidents and catastrophes in case of emergency.

4. The Government shall specify the establishment, management and use of the civil defense fund; the regulation between the civil defense fund and off-budget state financial funds in relation to activities of responding to, and remedying consequences of, incidents and catastrophes.

Article 41. Entitlements and policies for civil defense forces

1. Individuals performing the on-guard duty at the standing body of the National Steering Committee for Civil Defense, civil defense commands of ministries, central sectors and ministerial-level agencies, and local civil defense commands at all levels may enjoy entitlements while performing their tasks.

2. Individuals who are seconded or mobilized for training, drills or performance of civil defense tasks under decisions of competent authorities are entitled to an allowance; those who suffer from illness, accidents or working capability reduction or are dead are entitled to social insurance benefits, survivorship allowance or burial expenses. In case they have not yet participated in compulsory social insurance, they may receive the State’s support for payment of compensations for their health damage or loss of their lives in accordance with law. Those who have recorded remits may be commended and rewarded in accordance with regulations on emulation, commendation and rewarding.

3. Agencies, organizations and individuals that join, coordinate or collaborate with, or assist civil defense forces and record merits may be commended and rewarded; those that suffer from property damage may receive compensations; individuals who suffer from damage to their dignity and honor may have their dignity and honor restored; individuals who suffer from injuries or damage to their health or loss of their lives or their families may enjoy entitlements and policies in accordance with law.

4. The Government shall detail this Article.

Chapter VI

RESPONSIBILITIES OF AGENCIES AND ORGANIZATIONS IN CIVIL DEFENSE

Article 42. Contents of, and responsibilities for, the state management of civil defense

1. Contents of the state management of civil defense include:

a/ Promulgating or submitting to competent authorities for promulgation, and organizing the implementation of, legal documents on civil defense; formulating and directing the implementation of civil defense strategies and plans;

b/ Communicating, disseminating and educating the law on, and knowledge about, civil defense;

c/ Organizing training, coaching, drills and building civil defense forces forces and works, and providing sufficient civil defense equipment;

d/ Undertaking international cooperation in civil defense;

dd/ Examining, inspecting and handling violations, settling complaints and denunciations, and preliminarily reviewing, reviewing, giving commendations and conferring rewards in civil defense.

2. Responsibilities for the state management of civil defense:

a/ The Government shall perform the uniform state management of civil defense nationwide;

b/ Ministries and ministerial-level agencies shall take responsibility before the Government for assuming the prime responsibility for, and coordinating with one another in, performing the tasks of the state management of civil defense in the fields assigned to them for management nationwide;

c/ People’s Committees at all levels shall, within the ambit of their tasks and powers, perform the state management of civil defense in their localities.

Article 43. Responsibilities of the Ministry of National Defense

The Ministry of National Defense shall act as the focal point taking responsibility before the Government for performing the state management of civil defense; assume the prime responsibility for, and coordinate with ministries, central sectors, ministerial-level agencies and local administrations in:

1. To promulgate, submit to competent authorities for promulgation, and organize the implementation of, legal documents on civil defense in the fields under its management;

2. To assist the Prime Minister in directing interdisciplinary issues in civil defense in accordance with law;

3. To formulate, and organize the implementation of, national strategies for civil defense and national civil defense plans; to guide ministries, central sectors, ministerial-level agencies and localities in formulating plans and ensuring equipment for the performance of civil defense tasks in the relevant fields as assigned nationwide;

4. To formulate contents of, and programs on, provision of training, coaching and drills in, and knowledge about, civil defense, to civil defense forces in the relevant fields as assigned.

5. To guide the building of special-use civil defense works in association with military formations in defense areas;

6. To organize research, dissemination and application of science, high, advanced and modern technologies in civil defense;

7. To undertake international cooperation in civil defense;

8. To examine, inspect and handle violations, settle complaints and denunciations, preliminarily review, review, give commendations and confer rewards in civil defense within the scope of its management.

Article 44. Responsibilities of the Ministry of Public Security

1. To promulgate, submit to competent authorities for promulgation, and organize the implementation of, legal documents on civil defense in the fields under its management.

2. To assume the prime responsibility for, and coordinate with ministries, central sectors, ministerial-level agencies and localities in, formulating plans on, and organize the implementation of, tasks of assurance of political security and social order and safety in localities and areas where incidents and catastrophes occur.

3. To assume the prime responsibility for, and coordinate with the Ministry of National Defense, ministries, central sectors, ministerial-level agencies, and provincial-level People’s Committees in, formulating national-level plans on response to major fires or cybersecurity incidents.

4. To formulate plans on civil defense in the People’s Public Security forces; to coordinate with other ministries and sectors in organizing standby forces and equipment to respond to incidents and catastrophes, and to carry out search and rescue in accordance with law.

5. To formulate contents of, and programs on provision of training, coaching and drills in, and knowledge about, civil defense, to civil defense forces in the relevant fields as assigned.

6. To assume the prime responsibility for, and coordinate with ministries, central sectors, ministerial-level agencies and localities in, fighting acts of taking advantage of incidents and catastrophes to cause loss of social security, order and safety.

Article 45. Responsibilities of the Ministry of Agriculture and Rural Development

1. To promulgate, submit to competent authorities for promulgation, and organize the implementation of, legal documents on civil defense in the fields under its management.

2. To assume the prime responsibility for, and coordinate with ministries, central sectors, ministerial-level agencies and localities in, implementing measures to mitigate consequences of incidents and catastrophes in accordance with the law on disaster prevention and control.

3. To assume the prime responsibility for, and coordinate with ministries, central sectors, ministerial-level agencies and localities in, formulating national-level plans on response to dike, reservoir and dam failure incidents; forest fires; storms, tropical low pressures, floods and inundation; flashfloods, landslides and other disasters.

4. To formulate contents of, and programs on provision of training, coaching and drills in, and knowledge about, civil defense, to civil defense forces in the relevant fields as assigned.

Article 46. Responsibilities of the Ministry of Transport

1. To promulgate or submit to competent authorities for promulgation and organize the implementation of legal documents on civil defense in the fields under its management.

2. To assume the prime responsibility for, and coordinate with ministries, central sectors, ministerial-level agencies and localities in, formulating and implementing plans on use of traffic infrastructure facilities and equipment under its management for the performance of civil defense tasks. Upon the occurrence of incidents and catastrophes, to direct and coordinate their attached agencies and units in organizing forces and vehicles for the evacuation, search and rescue of people under the direction by the National Steering Committee for Civil Defense.

3. To assume the prime responsibility for, and coordinate with the Ministry of National Defense, Ministry of Public Security, Ministry of Health, other ministries, central sectors and provincial-level People’s Committees in, formulating national-level plans on response to vessel accidents at sea, response to extremely severe road, railway and inland waterway accidents, and response to airplane accidents in the Vietnamese territory; to implement plans on use of forces and equipment for the performance of tasks of responding to incidents and catastrophes, and search and rescue; to run search and rescue teams of the transport sector; to direct and guide localities in organizing transport teams to evacuate people and vehicles to safe areas, provide logistics support, and transport injured people upon the occurrence of incidents and catastrophes.

4. To coordinate with the Ministry of National Defense and Ministry of Foreign Affairs in licensing and coordinating with foreign forces and means in carrying out search and rescue upon the occurrence of incidents and catastrophes.

5. To formulate contents of, and programs on provision of training, coaching and drills in, and knowledge about, civil defense, to civil defense forces in the relevant fields as assigned.

Article 47. Responsibilities of the Ministry of Finance

1. To promulgate, submit to competent authorities for promulgation, and organize the implementation of, legal documents on civil defense in fields under its management.

2. To assume the prime responsibility for, and coordinate with ministries, central sectors, ministerial-level agencies and localities in, proposing competent authorities to allocate annual recurrent expenditure estimates for the performance of civil defense tasks in accordance with the state budget law.

3. To coordinate the implementation of national reserve plans assigned by the Prime Minister; to assess and propose to the Prime Minister for decision the prompt and adequate release of national reserves to serve the civil defense work under decisions of competent authorities.

Article 48. Responsibilities of the Ministry of Health

1. To promulgate, submit to competent authorities for promulgation, and organize the implementation of, legal documents on civil defense in the fields under its management.

2. To publicize information on the situation of epidemics and diseases, extent of their impacts, and measures to prevent and control them.

3. To formulate contents of, and programs on provision of training, coaching and drills in, and knowledge about, civil defense, to civil defense forces in the relevant fields as assigned.

4. To coordinate with the Ministry of National Defense in planning the system of combined military and civilian medical examination and treatment establishments in border areas, coastal areas and islands; to increase the capacity of the health system for civil defense activities.

Article 49. Responsibilities of the Ministry of Natural Resources and Environment

1. To promulgate, submit to competent authorities for promulgation, and organize the implementation of, legal documents on civil defense in fields under its management.

2. To direct and coordinate the examination and identification of environmental pollution-affected zones in inter-provincial or transnational geographical areas; to guide the determination of damage and organize the remediation of environmental pollution and degradation.

3. To assume the prime responsibility for, and coordinate with the Ministry of National Defense, Ministry of Information and Communications, other related ministries, central sectors, ministerial-level agencies and localities in, building research centers and forecast and warning system for natural and environmental incidents and catastrophes in relation to civil defense.

4. To organize the monitoring, investigation, survey and collection of hydro-meteorological and geohazard information and data.

5. To direct the making of forecasts and warnings, prompt and adequate provision of forecasts and warnings about incidents and catastrophes related geology, meteorology, hydrology and oceanography to the National Steering Committee for Civil Defense, ministries, central sectors, ministerial-level agencies, localities and the mass media agencies under regulations.

6. To direct the science and technology research and application, implement smart solutions to monitor, supervise, manage and handle environmental incidents, and provide early warnings about disasters.

7. To formulate contents of, and programs on provision of training, coaching and drills in, and knowledge about, civil defense, to civil defense forces in the relevant fields as assigned.

Article 50. Responsibilities of the Ministry of Industry and Trade

1. To promulgate, submit to competent authorities for promulgation, and organize the implementation of, legal documents on civil defense in the fields under its management.

2. To strictly manage the generation and exploitation of nuclear power, minerals, toxic chemicals, and industrial explosive materials in order to minimize risks of industrial incidents and catastrophes; to strictly manage the import and export of toxic and dangerous chemicals.

3. To assume the prime responsibility for, and coordinate with related ministries, central sectors and ministerial-level agencies in, directing and guiding the handling of mine explosion and collapse cases at nuclear power generation and exploitation facilities, and coal, gasoline, petroleum, chemical and industrial explosive production establishments.

4. To assume the prime responsibility for, and coordinate with the Ministry of National Defense, Ministry of Public Security, and other related ministries, central sectors, ministerial-level agencies and localities in, formulating national plans on response to fire and explosion incidents at drilling platforms, oil, toxic chemical and gas pipelines, and mineral mine collapse incidents; to guide related localities in formulating plans and preparing forces and means to respond to oil spill and toxic chemical leakage incidents under regulations.

5. To coordinate with related ministries, central sectors and ministerial-level agencies in formulating plans on energy reserves for maintaining national defense, security and socio-economic activities and serving the performance of civil
defense tasks.

6. To stabilize market prices and ensure adequate essential supplies for people in areas affected by incidents and catastrophes.

7. To formulate contents of, and programs on provision of training, coaching and drills in, and knowledge about, civil defense, to civil defense forces in the relevant fields as assigned.

Article 51. Responsibilities of ministries, central sectors and ministerial-level agencies

Within the ambit of their tasks and powers, ministries, central sectors and ministerial-level agencies shall assume the prime responsibility for, and coordinate with the Ministry of National Defense in, performing the state management of civil defense and shall:

1. Promulgate, submit to competent authorities for promulgation, and organize the implementation of, legal documents on civil defense in the fields under their management;

2. Direct their attached agencies and units in organizing the implementation of civil defense plans and measures; organize their forces and means for performing civil defense tasks under mobilization orders of competent authorities.

Article 52. Responsibilities of local administrations

1. Within the ambit of their tasks and powers, People’s Councils at all levels have the following responsibilities:

a/ To decide on policies and measures to build civil defense forces and budget funds for the performance of civil defense tasks in their localities in accordance with law;

b/ To supervise the compliance with the Constitution and laws, and the implementation of their resolutions on civil defense in their localities in accordance with law.

2. Within the ambit of their tasks and powers, People’s Committees at all levels shall perform the state management of civil defense in their localities and have the following responsibilities:

a/ To promulgate documents on the performance of civil defense tasks in accordance with law and resolutions of same-level People’s Councils, and tasks assigned by competent authorities regarding civil defense in their localities;

b/ To direct the formulation and implementation of civil defense plans; to organize the building, training and mobilization of forces to implement civil defense measures; to ensure entitlements and policies for local civil defense forces;

c/ To direct and organize the implementation of resolutions of same-level People’s Councils on allocation of budget funds for civil defense activities in their localities;

d/ To direct and carry out examination, inspection and handling of violations, settlement of complaints and denunciations about, preliminary review and review of, civil defense activities, and the commendation and rewarding of individuals and entities that have recorded merits in civil defense activities in their localities.

Article 53. Responsibilities of the Vietnam Fatherland Front and its member organizations

The Vietnam Fatherland Front and its member organizations shall, within the ambit of their tasks and powers, coordinate with other agencies and organizations in organizing the public communication among, and mobilization of, the People to implement the law on civil defense, and supervise the implementation of the law on civil defense.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 54. Amendment, supplementation, replacement and annulment of a number of articles of the laws concerning civil defense

1. To amend and supplement a number of articles of Law on Dikes No. 79/2006/QH11, which has a number of articles amended and supplemented under Law No. 15/2008/QH12, Law No. 35/2018/QH14, and Law No. 60/2020/QH14, as follows:

a/ To replace the phrase “command posts for disaster prevention and control and search and rescue” with the phrase “command posts for civil defense” in Clause 11, Article 3, and Points a and b, Clause 2, Article 35;

b/ Replace the phrase “the National Steering Committee for Disaster Prevention and Control” with the phrase “the National Steering Committee for Civil Defense” at Point d, Clause 2, Article 35 and Clause 7, Article 36.

2. To replace the phrase “the National Salvage and Rescue Committee” with the phrase “the National Steering Committee for Civil Defense” at Point e, Clause 3, Article 42 of Law on Chemicals No. 06/2007/QH12, which had a number of articles amended and supplemented under Law No. 28/2018/QH14.

3. To replace the phrase “the National Search and Rescue Committee” with the phrase “the National Steering Committee for Civil Defense” at Point dd, Clause 2; Points a and c, Clause 3; Points b and c, Clause 4; and Clause 5, Article 84 of Law on Atomic Energy No. 18/2008/QH12, which had a number of articles amended and supplemented under Law No. 35/2018/QH14.

4. To amend, supplement and annul a number of articles of Law on Disaster Prevention and Control No. 33/2013/QH13, which had a number of articles amended and supplemented under Law No. 60/2020/QH14 as follows:

a/ To amend and supplement Clause 4, Article 3 as follows:

“4. Vulnerable subject means a person or a group of people whose characteristics and circumstances make him/her/them suffer from more adverse impacts of a disaster than other groups of people in the community do. Vulnerable subjects include children, the elderly, pregnant women or women nursing under-36-month children, people with disabilities, people suffering from serious illnesses, the poor, people who have lost their civil act capacity, ethnic minority people residing in areas with difficult socio-economic conditions, people residing in areas with extremely difficult socio-economic conditions, and other subjects specified by law.”;

b/ To amend and supplement Point a, Clause 4, Article 22 as follows:

“a/ The National Steering Committee for Civil Defense shall guide the formulation of plans on response corresponding to disaster risk levels;”;

c/ To amend and supplement Clause 1, Article 25 as follows:

“Based on disaster forecasts and warnings, the Prime Minister, National Steering Committee for Civil Defense, civil defense commands of ministries and ministerial-level agencies, provincial-level civil defense commands shall promulgate documents to direct and command the implementation of disaster response measures under regulations of the Government.”;

d/ To amend and supplement the first paragraph of Article 26 as follows:

“Based on disaster types and risk levels, the National Steering Committee for Civil Defense, civil defense commands of ministries and ministerial-level agencies, and local civil defense commands shall decide to choose one of the following appropriate measures:”;

dd/ To amend and supplement the first paragraph of Clause 4, Article 27 as follows:

“4. Based on disaster forecasts, warnings, risk levels and developments, and directions and commands of the National Steering Committee for Civil Defense, within the ambit of their tasks and powers, local People’s Committees and civil defense commands have the following responsibilities:”;

e/ To amend and supplement Point b, Clause 2, Article 20 as follows:

“b/ Local People’s Committees and civil defense commands at all levels shall take the initiative in organizing search and rescue activities in their localities; in case such activities are beyond their capability, they shall report such and request provincial-level People’s Committees and civil defense commands and the National Steering Committee for Civil Defense to provide support;”;

g/ To amend and supplement Clause 2, Article 31 as follows:

“2. Civil defense commands at all levels shall sum up damage caused by disasters and report it to same-level People’s Committees, superior civil defense commands, and the National Steering Committee for Civil Defense for direction.”;

h/ To amend and supplement Clause 4, Article 31 as follows:

“4. Civil defense commands of ministries and ministerial-level agencies shall sum up damage caused by disasters and report it to the National Steering Committee for Civil Defense for direction.”;

i/ To replace the phrase “the National Steering Committee for Disaster Prevention and Control and the National Search and Rescue Committee” with the phrase “the National Steering Committee for Civil Defense” at Point c, Clause 4, Article 22 and Clause 3, Article 27;

k/ To replace the phrase “the National Steering Committee for Disaster Prevention and Control and the National Search and Rescue Committee” with the phrase “the National Steering Committee for Civil Defense” at Point d, Clause 4, Article 22; Clause 2, Article 23; Point b, Clause 3, Article 27; and Point c, Clause 2, Article 29;

l/ To replace the phrase “the National Search and Rescue Committee” with the phrase “National Steering Committee for Civil Defense” in Clause 4, Article 23; Clause 2, Article 27; Points d and dd, Clause 2, Article 29; and Clause 5, Article 40;

m/ To replace the phrase “disaster prevention and control and search and rescue commands” with the phrase “civil defense commands” at Point b, Clause 3, Article 25; Point c, Clause 3, Article 27; Point b, Clause 2, Article 30; and Clause 1, Article 31;

n/ To replace the phrase “disaster prevention and control commands of ministries and ministerial-level agencies” with the phrase “civil defense commands of ministries and ministerial-level agencies” in Clause 3, Article 28;

o/ To replace the phrase “the National Steering Committee for Disaster Prevention and Control” with the phrase “the National Steering Committee for Civil Defense” at Point c, Clause 3, Article 9; Point c, Clause 1, Article 17; Clause 1, Article 27; Clauses 2 and 4, Article 28; Point d, Clause 2, Article 30; Point dd, Clause 2, Article 33; and Point c, Clause 3, Article 42;

p/ To annul Article 44.

5. To replace the phrase “the National Search and Rescue Committee” with the phrase “the National Steering Committee for Civil Defense” at Point b, Clause 2; Points a and b, Clause 4, Article 53; Clauses 1, 2, 3, 4, and 5, Article 56; and Point e, Clause 3, Article 73 of Law on Sea and Island Resources and Environment No. 82/2015/QH13 which had a number of articles amended and supplemented under Law No. 35/2018/QH14.

6. To amend, supplement and annul a number of articles of Law on National Defense No. 22/2018/QH14 as follows:

a/ To annul Clause 13, Article 2;

b/ To amend and supplement Article 13 as follows:

“Article 13. Civil defense

Civil defense activities must comply with the Law on Civil Defense.”.

7. To amend and supplement a number of articles of Law on Environmental Protection No. 72/2020/QH14, which has a number of articles amended and supplemented under Law No. 11/2022/QH15, as follows:

a/ To replace the phrase “disaster prevention and control and search and rescue commands” with the phrase “civil defense commands” in Clause 2 and Points a, b and c, Clause 4, Article 124; Clauses 1 and 2, and Points a, b and c, Clause 4, Article 125; and Clause 2, Article 127;

b/ To replace the phrase “National Committee for Incident and Disaster Response and Search and Rescue” with the phrase “the National Steering Committee for Civil Defense” in Clause 2 and Point a, Clause 4, Article 124; Point d, Clause 4, Article 125; Points c and d, Clause 1, and Point b, Clause 3, Article 127.

8. To replace the phrase “the National Search and Rescue Committee” with the phrase “National Steering Committee for Civil Defense” in Clause 3, Article 102 of Law on Vietnam Civil Aviation No. 66/2006/QH11, which had a number of articles amended and supplemented under Law No. 45/2013/QH13 and Law No. 61/2014/QH13.

Article 55. Effect

This Law takes effect on July 1, 2024.

This Law was passed on June 20, 2023, by the XV^th National Assembly of the Socialist Republic of Vietnam at its 5^th session.-

Chairman of the National Assembly
VUONG DINH HUE