Decree No. 160/2018/ND-CP guidance on the Law on Natural Disaster Prevention and Control

DECREE

Detailing a number of articles of the Law on Natural Disaster Prevention and Control[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the June 19, 2013 Law on Natural Disaster Prevention and Control;

At the proposal of the Minister of Agriculture and Rural Development;

The Government promulgates the Decree detailing and guiding the implementation of a number of articles of the Law on Natural Disaster Prevention and Control.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Decree details and guides the implementation of a number of articles of the Law on Natural Disaster Prevention and Control, including news transmission responsibility, broadcasting frequency and time volume, information network and equipment to serve activities of directing and commanding the natural disaster response; responsibility division and decentralization as well as coordination in response to natural disasters; mobilization, contribution and distribution of relief and aid resources for overcoming consequences of natural disasters; rights and obligations of foreign organizations and individuals and international organizations participating in responding to and overcoming consequences of natural disasters in Vietnam; organizational structure and tasks of natural disaster preparedness directing and commanding agencies and the mechanism of coordination between the Central Steering Committee for Natural Disaster Preparedness and the National Committee for Response to Incidents and Natural Disasters and Search and Rescue.

Article 2.Subjects of application

This Decree applies to Vietnamese agencies, organizations, households and individuals; foreign organizations and individuals and international organizations living, operating or participating in natural disaster preparedness in Vietnam.

Chapter II

SPECIFIC PROVISIONS

Section 1

NEWS TRANSMISSION RESPONSIBILITY; BROADCASTING FREQUENCY AND TIME VOLUME; INFORMATION NETWORK AND EQUIPMENT TO SERVE ACTIVITIES OF DIRECTING AND COMMANDING NATURAL DISASTER RESPONSE

Article 3.Agencies with news transmission responsibility

1. The Vietnam Television, Voice of Vietnam, Vietnam News Agency, coastal information station system, provincial-level radio and television stations and news and press agencies have the responsibility to broadcast natural disaster response-directing documents of the Prime Minister, Central Steering for Natural Disaster Preparedness and National Committee for Response to Incidents and Natural Disasters and Search and Rescue.

2. People’s Committees at all levels shall direct and disseminate promptly and accurately natural disaster forecasts and warnings, natural disaster response-directing and -commanding documents of the Prime Minister, Central Steering Committee for Natural Disaster Preparedness, National Committee for Response to Incidents and Natural Disasters and Search and Rescue, Natural Disaster Preparedness, Search and Rescue Commanding Committees of superior levels and same level in areas subject to warnings.

3. Ministries, ministerial-level agencies and government-attached agencies shall direct their specialized information systems to broadcast information related to natural disaster preparedness in the fields under their respective management.

4. The Ministry of Information and Communications shall guide or submit to competent agencies for promulgation documents guiding the organization of sending natural disaster forecast and warning texts.

Article 4.Natural disaster response-directing and -commanding information broadcasting frequency and time volume

1. The Vietnam Television, Voice of Vietnam, Vietnam News Agency, coastal information station system, provincial-level radio and television stations and news and press agencies as well as relevant specialized information systems shall broadcast and fully report instructions in natural disaster response-directing documents of the Prime Minister, Central Steering Committee for Natural Disaster Preparedness and National Committee for Response to Incidents and Natural Disasters and Search and Rescue immediately after receiving them and rebroadcast them at a frequency of at least once every three hours for natural disasters of up to degree 3, or at least once every hour for natural disasters of above degree 3 until the issuance of new directing documents or natural disaster-responding activities have been carried out or natural disasters have developed without adverse impacts.

2. Time volume for broadcasting news on natural disaster response direction and command comprises the time for broadcasting full contents of natural disaster response- directing and -commanding documents of competent bodies, news reports on natural disaster forecasts and warnings clearly stating changes in contents of directing and commanding documents, updated natural disaster developments, and natural disaster-responding activities.

3. Local radio and television stations at different levels shall broadcast natural disaster response-commanding documents of the Natural Disaster Preparedness, Search and Rescue Commanding Committees at the same level, directing and commanding documents of superior agencies immediately after receiving them and rebroadcast them at the request of the Natural Disaster Preparedness, Search and Rescue Commanding Committees at the same level as suitable to the natural disaster developments and local response.

Upon the occurrence of natural disasters of degree 2, 3 or 4 in localities, the frequency of news reports to be broadcast shall be requested by the Natural Disaster Preparedness, Search and Rescue Commanding Committees at the same or superior level.

4. Natural Disaster Preparedness, Search and Rescue Commanding Committees at different levels shall specifically guide contents, frequency and time volume of broadcasting news reports on natural disaster response command on local information systems. In localities where radio, public-address and television systems are not available, means, tools and traditional orders under local conventions will be used to notify households affected by natural disasters.

Article 5.Information networks and equipment to serve natural disaster response- directing and -commanding activities

1. Public information networks to serve natural disaster response- directing and -commanding activities include:

a/ Fixed ground and satellite telecommunications networks;

b/ Mobile ground and satellite telecommunications networks;

c/ Radio and television transmission and broadcasting networks;

d/ Public postal networks.

2. Special-use information networks include:

a/ Hotlines directly serving natural disaster response-directing and -commanding activities;

b/ Exclusive telecommunications networks serving the Party and State agencies as well as national defense and security;

c/ Postal networks serving the Party and State agencies as well as national defense and security;

d/ Exclusive telecommunications networks and postal networks of other agencies, organizations and enterprises;

dd/ Information networks for warning tsunamis and other natural disasters;

e/ Information networks to carry warnings from special-use observation systems.

3. Information equipment to serve natural disaster response-directing and -commanding activities includes:

a/ Telephones;

b/ Computers;

c/ Fax machines;

d/ Radio equipment;

dd/ Television equipment;

e/ Observation equipment for automatic information transmission;

g/ Public information networks, special-use observation and supervision equipment for automatic information transmission; early-warning information systems;

h/ Other information devices and equipment.

4. Based on natural disaster preparedness requirements and tasks, ministries, ministerial-level agencies, government-attached agencies and People’s Committees at all levels shall formulate plans on construction and procurement of information equipment, then submit them to competent authorities for approval; and organize the construction, procurement, management and use of such equipment in accordance with law.

Section 2

RESPONSIBILITY DIVISION AND DECENTRALIZATION AND COORDINATION IN NATURAL DISASTER RESPONSE

Article 6.Natural disaster risk degrees

Natural disaster risks are classified into 5 degrees from low to high, including degree 1, degree 2, degree 3, degree 4 and degree 5 (natural disaster emergency status). The Prime Minister shall detail these natural disaster risk degrees.

Article 7.Responsibility division and decentralization and coordination in response to degree-1 natural disasters

1. Commune-level People’s Committee chairpersons shall personally command and mobilize on-spot resources for prompt response to natural disasters upon their occurrence; report to, and implement directions and commands of, superior natural disaster preparedness agencies.

2. Commune-level People’s Committee chairpersons may mobilize the following resources for response to natural disasters:

a/ Militia and self-defense forces, youngsters, organizations and individuals in their localities and volunteer organizations and individuals;

b/ Reserve supplies prepared by people, supplies, equipment and means of communes as well as organizations and individuals in their localities.

3. Forces participating in natural disaster response in communes shall closely coordinate with one another under the command of commune-level People’s Committee chairpersons or their authorized persons.

4. In case a natural disaster falls beyond the communes’ response capability, the commune-level People’s Committee chairperson shall request the district-level People’s Committee and Natural Disaster Preparedness, Search and Rescue Commanding Committees to provide support.

5. District-level People’s Committee chairpersons shall personally command and mobilize resources according to their competence for response to degree-1 natural disasters occurring in two or more communes or upon receiving support requests of commune-level People’s Committee chairpersons; abide by commands and directions of superior natural disaster preparedness-directing agencies.

6. District-level People’s Committee chairpersons may mobilize following resources for response to natural disasters:

a/ Militia and self-defense forces, youngsters, organizations and individuals in their localities and volunteer organizations and individuals;

b/ Supplies, equipment and means of their districts and organizations and individuals operating in their localities.

Article 8.Responsibility division and decentralization and coordination in response to degree-2 natural disasters

1. Provincial-level People’s Committee chairpersons shall command local administrations, agencies and units in responding to natural disasters, mobilize resources according to their competence for timely and proper response to natural disaster developments in their localities; report to, and abide by directions of, the Prime Minister, Central Steering Committee for Natural Disaster Preparedness and National Committee for Response to Incidents and Natural Disasters and Search and Rescue.

2. Provincial-level People’s Committee chairpersons may mobilize following resources for response to natural disasters:

a/ The army, public security, militia and self-defense forces, youngsters, organizations, individuals, search and rescue forces, fisheries resources surveillance forces, and volunteer organizations and individuals.

b/ Supplies, equipment and means of provinces, and reserve supplies for natural disaster preparedness, and those of organizations and individuals operating in their localities.

3. District-level or commune-level People’s Committee chairpersons shall organize the performance of the tasks prescribed in Article 7; abide by commands of superior agencies; guide and organize the evacuation of people to safe places; district-level People’s Committee chairpersons shall organize the forcible evacuation of organizations and individuals that fail to obey directions, commands and guidance on evacuation for natural disaster preparedness for people’s safety.

4. In case a natural disaster falls beyond the provinces’ responding capacity, provincial-level People’s Committee chairpersons shall report it to, and request support from, the Central Steering Committee for Natural Disaster Preparedness and National Committee for Response to Incidents and Natural Disasters and Search and Rescue.

5. The Central Steering Committee for Natural Disaster Preparedness shall assume prime responsibility for, and coordinate with the National Committee for Response to Incidents and Natural Disasters and Search and Rescue in, directly directing and commanding or mobilizing resources to support the response to natural disasters with complicated developments or likely to cause great consequences, or when receiving assistance requests of provincial-level People’s Committee chairpersons or heads of provincial-level Natural Disaster Preparedness, Search and Rescue Commanding Committees. Local natural disaster preparedness supporting forces shall closely coordinate with one another and abide by the unified command of provincial-level People’s Committee chairpersons or their authorized persons.

Article 9.Responsibility division and decentralization and coordination in response to degree-3 natural disasters

1. The Central Steering Committee for Natural Disaster Preparedness shall direct local administrations, ministries, ministerial-level agencies and government- attached agencies in applying measures to respond to natural disasters; decide on urgent measures and mobilize resources according to its competence to support localities in responding to natural disasters upon request.

2. The National Committee for Response to Incidents and Natural Disasters and Search and Rescue shall, based on specific circumstances, assume the prime responsibility for, and coordinate with ministries, sectors and localities in, directing and readying forces and necessary means for search and rescue and participate in the coordination of natural disaster-responding activities.

3. Natural Disaster Preparedness, Search and Rescue Commanding Committees of ministries, ministerial-level agencies and government-attached agencies shall apply natural disaster-responding measures under their management and at the same time participate in responding to natural disasters under the direction and mobilization by the Central Steering Committee for Natural Disaster Preparedness and National Committee for Response to Incidents and Natural Disasters and Search and Rescue.

4. Provincial-level People’s Committee chairpersons shall command and mobilize resources according to their competence and apply measures to respond to natural disasters in their localities.

5. District- or commune-level People’s Committee chairpersons shall perform the tasks prescribed in Clause 3, Article 8 of this Decree suitable to specific circumstances in their localities; and abide by directions and commands of the superior agencies.

6. In case of occurrence of a degree-3 natural disaster or natural disaster of higher degree or developing in a complicated manner or likely to cause serious consequences, the Central Steering Committee for Natural Disaster Preparedness shall report it to the Prime Minister for direction.

Article 10.Responsibility division and decentralization and coordination in response to degree-4 natural disasters

1. The Prime Minister shall direct ministries, ministerial-level agencies, government-attached agencies and related localities in applying measures to respond to natural disasters.

2. The Central Steering Committee for Natural Disaster Preparedness shall advise the Government and Prime Minister on measures to respond to natural disasters.

3. The National Committee for Response to Incidents and Natural Disasters and Search and Rescue shall assume the prime responsibility for, and coordinate with ministries, sectors and localities in directing, deploying and readying forces and means for search and rescue activities and participating in the natural disaster response coordination.

4. Ministers, heads of ministerial-level agencies and heads of government-attached agencies shall organize the application of measures to respond to natural disasters under their respective management, at the same time participate in responding to natural disasters under the direction and mobilization by the Prime Minister, Central Steering Committee for Natural Disaster Preparedness and National Committee for Response to Incidents and Natural Disasters and Search and Rescue.

5. Provincial-level People’s Committee chairpersons shall command and mobilize resources according to their competence, apply measures to respond to natural disasters in their localities, abide by directions by the Prime Minister, Central Steering Committee for Natural Disaster Preparedness and National Committee for Response to Incidents and Natural Disasters and Search and Rescue.

6. District- and commune-level People’s Committee chairpersons shall perform the tasks prescribed in Clause 3, Article 8 of this Decree as suitable to local specific circumstances; and abide by direction and command by the superior agencies.

Article 11.Responsibility division and decentralization and coordination in response to natural disaster-related emergency state

1. In case of a natural disaster of a degree higher than degree 4, the Central Steering Committee for Natural Disaster Preparedness shall report it to the Prime Minister for proposing the President to proclaim the natural disaster-related emergency state

2. The responsibility division and decentralization as well as coordination in responding to the natural disaster-related emergency state must comply with the regulations on emergency state.

Section 3

MOBILIZATION, COLLECTION AND DISTRIBUTION OF RELIEF AND AID RESOURCES FOR OVERCOMING CONSEQUENCES OF NATURAL DISASTERS

Article 12.Mobilization and distribution of resources to support the overcoming of consequences of natural disasters

1. People’s Committees at all levels shall decide on the use of local budget reserves and other local resources for promptly overcoming consequences of natural disasters in their localities.

2. Provincial-level People’s Committee chairpersons shall decide on the use of natural disaster preparedness funds for overcoming consequences of natural disasters under the regulations on natural disaster preparedness funds.

3. Ministers, heads of ministerial-level agencies and heads of government-attached agencies shall, within the ambit of their respective functions and powers, allocate resources for overcoming consequences of natural disasters under their management and support localities in overcoming consequences of natural disasters.

4. The  Central Steering Committee for Natural Disaster Preparedness shall sum up damage and urgent relief and aid needs, then propose the Government and Prime Minister to decide on the use of central budget reserves, national reserves and other lawful resources to support localities, ministries, ministerial-level agencies and government-attached agencies in overcoming consequences of natural disasters.

5. The Prime Minister shall decide on the use of central budget reserves, national reserves commodities and other lawful resources to support localities, ministries, ministerial-level agencies and government-attached agencies in overcoming consequences of natural disasters in accordance with the law on the state budget and law on national reserves.

6. People’s Committees at all levels shall, immediately after receiving aid resources of the State, promptly distribute them to eligible subjects and direct the overcoming of consequences of natural disasters in their localities.

7. Within 30 days after receiving natural disaster relief and aid sources, provincial-level People’s Committees, ministries, ministerial-level agencies and government-attached agencies shall report in writing to the Central Steering Committee for Natural Disaster Preparedness, Ministry of Finance, Ministry of Planning and Investment, and Ministry of Labor, Invalids and Social Affairs on the receipt, distribution and use of relief and aid resources.

Article 13.Mobilization, collection and distribution of community resources

The mobilization, collection and distribution of community resources must comply with the regulations on mobilization, receipt, distribution and use of voluntary contributions to support people in overcoming difficulties caused by natural disasters and regulations on operation of the Vietnam Fatherland Front and Vietnam Red Cross Society.

Section 4

RIGHTS AND OBLIGATIONS OF FOREIGN ORGANIZATIONS AND INDIVIDUALS, AND INTERNATIONAL ORGANIZATIONS PARTICIPATING IN ACTIVITIES OF RESPONDING TO AND OVERCOMING CONSEQUENCES OF NATURAL DISASTERS IN VIETNAM

Article 14.Duties and fees on import and export of means, equipment and goods to serve emergency natural disaster relief, search, rescue and victim support activities

Foreign organizations and individuals, and international organizations participating in natural disaster-responding and consequence-overcoming activities in Vietnam that import and re-export means, equipment and goods to serve emergency natural disaster relief, search, rescue and victim support activities are exempt from import and export duties and fees under Point a, Clause 1, Article 41 of the Law on Natural Disaster Prevention and Control. If such things are left for Vietnam to use for other purposes, they will be subject to duties and taxes in accordance with Vietnam’s law.

Article 15.Registration of natural disaster-responding and consequence-overcoming activities in Vietnam

1. Foreign organizations and individuals, and international organizations shall, before entering Vietnam to carry out natural disaster-responding and consequence-overcoming activities, send their dossiers of registration to the Ministry of Agriculture and Rural Development. Such as dossier must comprise:

a/ An application (or a written request) for participation in natural disaster-responding and consequence-overcoming activities in Vietnam, stating the name of the organization or individual; purpose of activities; projected period and location of activities;

b/ List of relief commodities, supplies and equipment;

c/ List of participants.

2. Within 2 days after receiving a dossier, the Ministry of Agriculture and Rural Development shall notify results of the dossier processing to the dossier submitter and relevant agencies.

Article 16.Entry and exit; procedures for import and export of means, equipment and commodities to serve emergency natural disaster response, search, rescue, relief and victim support activities

1. Persons allowed to enter Vietnam to carry out natural disaster-responding and consequence-overcoming activities may carry out the priority entry and exit procedures at border gates; in case of emergency response, if they have not yet obtained visas, they may be granted visas at border gates.

2. Means, equipment and commodities allowed to be imported and re-exported upon completion of natural disaster search, rescue, relief and victim support activities may enjoy priority customs clearance procedures at border gates.

Article 17.Stay of foreigners participating in natural disaster-responding and consequence-overcoming activities in Vietnam

1. Persons allowed to enter Vietnam to carry out natural disaster-responding and consequence-overcoming activities may be provided with guidance on accommodations, working places and temporary stay procedures suitable to practical conditions.

2. Agencies and localities receiving aid and support shall provide guidance on temporary stay registration procedures, accommodations and working places for individuals and organizations entering Vietnam for natural disaster-responding and consequence-overcoming activities.

Section 5

ORGANIZATIONAL STRUCTURE AND TASKS OF NATURAL DISASTER PREPAREDNESS DIRECTING AND COMMANDING AGENCIES AND MECHANISM FOR COORDINATION BETWEEN THE CENTRAL STEERING COMMITTEE FOR NATURAL DISASTER PREPAREDNESS AND NATIONAL COMMITTEE FOR RESPONSE TO INCIDENTS AND NATURAL DISASTERS AND SEARCH AND RESCUE

Article 18.Organizational structure and tasks of the Central Steering Committee for Natural Disaster Preparedness

1. The Central Steering Committee for Natural Disaster Preparedness is established by the Prime Minister to perform the interdisciplinary coordination task, assisting the Government and Prime Minister in organizing, directing and commanding natural disaster prevention and response activities nationwide. The Central Steering Committee for Natural Disaster Preparedness is entitled to use the seal with national emblem in performing its tasks. Its members shall work on a part-time basis.

2. The Central Steering Committee for Natural Disaster Preparedness is composed of:

a/ Its head being a Deputy Prime Minister;

b/ Deputy heads, including the permanent deputy head being the Minister of Agriculture and Rural Development; 1 leader of the Ministry of National Defense and the General Director of the Directorate of Natural Disaster Preparedness;

c/ Members, including the Ministers of Industry and Trade; Transport; Information and Communications; Construction; Labor, Invalids and Social Affairs; Finance; Planning and Investment; and leaders’ representatives of a number of ministries, ministerial-level agencies and government-attached agencies; the General Director of the Vietnam Television, General Director of the Voice of Vietnam, General Director of the Vietnam News Agency; General Director of the Directorate of Natural Disaster Preparedness, and Director of the Office of the National Committee for Response to Incidents and Natural Disasters and Search and Rescue;

d/ Based on the working requirements, the head of the Central Steering Committee for Natural Disaster Preparedness shall decide to invite the leaders’ representatives of the following agencies and organizations: The Central Committee of the Vietnam Fatherland Front, Central Committee of the Vietnam Women’s Union, Central Committee of the Ho Chi Minh Communist Youth Union, Central Committee of the Vietnam Red Cross Society and other relevant agencies and organizations to join the Central Steering Committee for Natural Disaster Preparedness.

3. The Ministry of Agriculture and Rural Development shall act as the standing body of the Central Steering Committee for Natural Disaster Preparedness; and employ the apparatus of the Directorate of Natural Disaster Preparedness to perform the tasks of the Permanent Office of the Central Steering Committee for Natural Disaster Preparedness (below referred to as the Steering Committee’s Permanent Office).

The Steering Committee’s Permanent Office has its own seal, is provided with funds and may open its accounts at the State Treasury for operation. The head of the Central Steering Committee for Natural Disaster Preparedness shall define the functions, tasks and working regulations of the Steering Committee’s Permanent Office.

4. Tasks of the Central Steering Committee for Natural Disaster Preparedness:

a/ To guide the formulation and urge the implementation of national strategies and plans, policies and laws on natural disaster prevention and control;

b/ To assume the prime responsibility for guiding the formulation of plans to respond to natural disasters;

c/ To direct and coordinate response to and overcoming of consequences of natural disasters nationwide: To direct response to degree-3 natural disasters; to advise on the direction of response to degree-4 or degree-5 natural disasters; to coordinate and support or direct localities in responding to degree-1 or degree-2 natural disasters upon the occurrence of complicated developments or danger of great and serious consequences;

d/ Based on natural disaster developments and practical requirements, to decide on emergency measures, mobilization of resources of ministries, ministerial-level agencies, government-attached agencies, organizations and individuals to respond to and overcome consequences of natural disasters in accordance with the Law on Natural Disaster Prevention and Control and this Decree;

dd/ To direct the summing up of damage, emergency aid, restoration and reconstruction needs of localities, ministries and sectors and propose the Government or Prime Minister to decide on measures, the use of central budget reserves as well as other measures and lawful resources to serve the response to and overcoming of consequences of natural disasters nationwide;

e/ To inspect, urge and guide ministries, sectors and localities in carrying out natural disaster preparedness activities in accordance with law;

g/ To direct and organize training and drills for natural disaster preparedness forces; to direct; to deploy and organize the application of measures in order to incrementally raise the civil capacity in natural disaster response activities;

h/ To direct and organize the consolidation of physical foundations, equipment, supplies, special-use means; to establish the database to serve the provision of support and advices for the issuance of decisions to direct and administer natural disaster preparedness activities at all levels;

i/ To call for, receive and distribute domestic and foreign aid amounts in emergency circumstances caused by natural disasters; to act as the focal point for general direction and coordination in the receipt and distribution of natural disaster aid and overcoming of consequences of natural disasters;

k/ To guide, examine, urge and sum up results of the use of aid resources for reporting to the Prime Minister;

l/ To direct and organize the elaboration of documents, guidance, annual training, dissemination and public communication to raise the community awareness about natural disaster preparedness;

m/ To guide activities of grassroots natural disaster preparedness forces.

Article 19.Organizational structure and tasks of the Natural Disaster Preparedness, Search and Rescue Commanding Committees of ministries, ministerial-level agencies and government-attached agencies

1. The Ministries of National Defense; Public Security; Agriculture and Rural Development; Transport; Construction; Industry and Trade; Natural Resources and Environment; Information and Communications; Health; Education and Training; Labor, Invalids and Social Affairs; and Culture, Sports and Tourism shall establish ministerial-level Natural Disaster Preparedness, Search and Rescue Commanding Committees.

2. Ministries, ministerial-level agencies and government-attached agencies (except the ministries mentioned in Clause 1 of this Article) shall, based on their assigned tasks, decide on the establishment of ministerial-level Natural Disaster Preparedness, Search and Rescue Commanding Committees or assign departmental-level agencies to perform the part-time function of advising ministers or agencies’ heads on natural disaster preparedness, search and rescue activities.

3. Based on natural disaster preparedness, search and rescue requirements and tasks, ministers and heads of ministerial-level agencies and government-attached agencies shall decide to establish natural disaster preparedness, search and rescue commanding committees of their attached units.

4. Organizational structure of ministerial-level Natural Disaster Preparedness, Search and Rescue Commanding Committees:

a/ Natural Disaster Preparedness, Search and Rescue Commanding Committees of the Ministries of Agriculture and Rural Development; Transport; Construction; Industry and Trade; Information and Communications; Health; Education and Training; and Labor, Invalids and Social Affairs shall be headed by their ministers;

b/ Natural Disaster Preparedness, Search and Rescue Commanding Committees of ministries, ministerial-level agencies and government-attached agencies mentioned in Clauses 1 and 2 of this Article (except the ministries mentioned at Point a of this Clause) shall be headed by ministerial-level leaders;

c/ Based on requirements and tasks, ministers, heads of ministerial-level agencies and heads of government-attached agencies shall assign their specialized agencies to advise and assist ministers and agencies’ heads in performing the management of natural disaster preparedness within their management scope and perform part-time tasks of the Permanent Offices of the Natural Disaster Preparedness, Search and Rescue Commanding Committees;

d/ The ministerial-level Natural Disaster Preparedness, Search and Rescue Commanding Committees may use seals of their ministries or their own seals. Their Permanent Offices have their own seals and may be provided with funds and open accounts for operation.

5. Tasks of ministerial-level Natural Disaster Preparedness, Search and Rescue Commanding Committees:

a/ To advise their ministers in performing the natural disaster preparedness, search and rescue tasks within their management scope;

b/ To coordinate with their ministries, ministerial-level agencies and localities in performing the natural disaster preparedness, search and rescue tasks nationwide under the direction by the Prime Minister, Central Steering Committee for Natural Disaster Preparedness, and National Committee for Response to Incidents and Natural Disasters and Search and Rescue;

c/ To decide on emergency measures and mobilize according to their competence resources of their ministries for promptly responding to and overcoming consequences of national disasters, search and rescue within the scope of their respective ministries’ management and support localities.

Article 20.Organizational structure and tasks of provincial-level Natural Disaster Preparedness, Search and Rescue Commanding Committees

1. Provincial-level Natural Disaster Preparedness, Search and Rescue Commanding Committees shall be established by provincial-level People’s Committee chairpersons, assist provincial-level People’s Committees in commanding natural disaster preparedness, search and rescue activities in their localities. They have their own seals and may be provided with funds and open accounts for operation.

2. A provincial-level Natural Disaster Preparedness, Search and Rescue Commanding Committee is composed of:

a/ The head being the provincial-level People’s Committee chairperson;

b/ The standing deputy head being a provincial-level People’s Committee vice chairperson;

c/ The deputy head in charge of natural disaster preparedness activities being the director of the provincial-level Department of Agriculture and Rural Development;

d/ Depending on local conditions, the deputy head in charge of search and rescue activities on land being the provincial-level Military Commander; the deputy head in charge of search and rescue activities at sea and in border areas being the provincial-level Border-Guard Commander;

dd/ Members being directors or leaders’ representatives of departments involved in natural disaster preparedness, search and rescue activities, of Fatherland Front, Women’s Union, Red Cross Society, Ho Chi Minh Communist Youth Union and other provincial-level social and mass organizations.

3. Provincial-level Departments of Agriculture and Rural Development shall act as natural disaster preparedness standing bodies; provincial-level Military Commands or Border-Guard Commands shall act as search and rescue standing bodies of provincial-level Natural Disaster Preparedness, Search and Rescue Commanding Committees.

Based on local conditions, provincial-level People’s Committee chairpersons shall decide to establish specialized divisions under provincial-level Departments of Agriculture and Rural Development to perform the tasks of the Permanent Offices of Natural Disaster Preparedness, Search and Rescue Commanding Committees.

4. Tasks of provincial-level Natural Disaster Preparedness, Search and Rescue Commanding Committees:

a/ To assist provincial-level People’s Committees in performing the natural disaster preparedness tasks under Clause 1, Article 43 of the Law on Natural Disaster Prevention and Control;

b/ To direct and urge the formulation of natural disaster response plans and schemes and submit them for approval;

c/ To command natural disaster response, search and rescue in their localities;

d/ To inspect and urge provincial-level departments and local agencies to perform the natural disaster preparedness tasks;

dd/ To assist provincial-level People’s Committees in directing, inspecting, urging and summing up statistical reports on damage, identifying relief needs, carrying out consequence-overcoming, rehabilitation and reconstruction activities;

e/ To implement the regulations on natural disaster preparedness funds under regulations;

g/ To organize coaching, training, drills and training for forces participating in natural disaster preparedness, search and rescue activities;

h/ To organize dissemination and propagation for better community awareness about natural disaster preparedness;

i/ To direct and organize the application of measures to incrementally raise the civil capacity in natural disaster response activities;

k/ To concentrate human resources, equipment and support tools for Permanent Offices of provincial-level Natural Disaster Preparedness, Search and Rescue Commanding Committees; to ensure online connection with central and local natural disaster preparedness agencies at all levels to serve natural disaster preparedness directing and commanding activities.

Article 21.Organizational structure and tasks of district-level Natural Disaster Preparedness, Search and Rescue Commanding Committees

1. District-level Natural Disaster Preparedness, Search and Rescue Commanding Committees shall be established by district-level People’s Committee chairpersons, functioning to advise district-level People’s Committees on inspecting, urging and commanding natural disaster preparedness, search and rescue activities in their localities. They have their own seals and accounts and are provided with funds for operation.

2. A district-level Natural Disaster Preparedness, Search and Rescue Commanding Committee is composed of:

a/ The head being the district-level People’s Committee chairperson;

b/ The standing deputy head being a district-level People Committee vice chairperson;

c/ Deputy heads being heads of divisions or heads of agencies assigned to perform the state management of natural disaster preparedness; head of the district-level Public Security office and district-level military commander;

d/ Members being heads or leaders’ representatives of divisions, agencies and units involved in natural disaster preparedness, search and rescue activities of their localities; leaders of the Fatherland Front, Women’s Union, Red Cross Society, Ho Chi Minh Communist Youth Union and other district-level social organizations joining the Natural Disaster Preparedness, Search and Rescue Commanding Committee.

3. Based on local conditions, the chairperson of a district-level People’s Committee shall decide to assign a functional division of the district-level People’s Committee to act as the Permanent Office of the Natural Disaster Preparedness, Search and Rescue Commanding Committee.

4. Tasks of Natural Disaster Preparedness, Search and Rescue Commanding Committees:

a/ To assist district-level People’s Committees in performing the natural disaster preparedness tasks prescribed in Clause 1, Article 43 of the Law on Natural Disaster Prevention and Control;

b/ To direct and urge the formulation and submission for approval of local natural disaster response plans and schemes;

c/ To command and organize natural disaster response, search and rescue activities in their districts;

d/ To inspect and urge local agencies and units in the performance of natural disaster preparedness tasks;

dd/ To assist district-level People’s Committees in directing, inspecting and summing up statistical reports on damage assessment, consequence overcoming and post-natural disaster rehabilitation and reconstruction;

e/ To organize training for natural disaster preparedness, search and rescue forces;

g/ To disseminate and propagate activities to raise the community awareness about natural disaster preparedness;

h/ To comply with the regulations on natural disaster preparedness funds.

Article 22.Organizational structure and tasks of commune-level Natural Disaster Preparedness, Search and Rescue Commanding Committees

1. Commune-level Natural Disaster Preparedness, Search and Rescue Commanding Committees shall be established by commune-level People’s Committee chairpersons, assisting commune-level People’s Committees in inspecting, urging, commanding and administering natural disaster preparedness, search and rescue activities in their localities.

2. A commune-level Natural Disaster Preparedness, Search and Rescue Commanding Committee is composed of:

a/ The head being the commune-level People’s Committee chairperson;

b/ The standing deputy head being a district-level People’s Committee vice chairperson;

c/ A deputy head being the chief of the commune-level Public Security office, and a deputy head in charge of the commune-level natural disaster preparedness force, who is the commune-level military commander;

d/ Members being officers in charge of hydraulic work or agriculture, and heads of political and mass organizations of the commune;

dd/ A part-time permanent member of the Natural Disaster Preparedness, Search and Rescue Commanding Committee being the commune-level civil servant performing the state management of natural disaster preparedness.

3. Commune-level part-time permanent members of the Natural Disaster Preparedness, Search and Rescue Commanding Committee are headquartered at commune-level People’s Committee offices. They may use seals of commune-level People’s Committees, and employ a number of professional officials of district-level People’s Committees as members of the standing office and are provided with funds for operation.

4. Tasks of commune-level Natural Disaster Preparedness, Search and Rescue Commanding Committees:

a/ To assist commune-level People’s Committees in performing the natural disaster preparedness tasks defined in Clause 2, Article 43 of the Law on Natural Disaster Prevention and Control;

b/ To transmit news on natural disaster response direction and command by authorities at all levels to local communities;

c/ To command natural disaster response, search and rescue in their communes;

d/ To direct and urge the formulation and approval of local natural disaster response plans and schemes;

dd/ To inspect and urge organizations and individuals in their communes in the performance of natural disaster preparedness tasks;

e/ To assume the prime responsibility for assisting commune-level People’s Committees in establishing, training and maintaining commune-level natural disaster preparedness forces with the core being the militia and self-defense forces and with the participation of members of the Red Cross Society, Youth Union and other mass organizations in their communes;

g/ To comply with the regulations on natural disaster preparedness funds;

h/ To annually organize the dissemination and propagation for bettering community awareness about natural disaster preparedness.

Article 23.Natural Disaster Preparedness, Search and Rescue Commanding Boards of economic groups, corporations, enterprises

Depending on their conditions, heads of agencies or organizations shall decide to establish Natural Disaster Preparedness, Search and Rescue Commanding Boards to perform natural disaster preparedness tasks in accordance with law.

Article 24.Mechanism of coordination between the Central Steering Committee for Natural Disaster Preparedness and the National Committee for Response to Incidents and Natural Disasters and Search and Rescue

1. The Central Steering Committee for Natural Disaster Preparedness shall assume the prime responsibility for, and coordinate with the National Committee for Response to Incidents and Natural Disasters and Search and Rescue in, issuing directing documents for response to specific natural disaster circumstances.

2. The Central Steering Committee for Natural Disaster Preparedness and National Committee for Response to Incidents and Natural Disasters and Search and Rescue shall notify and coordinate with each other in immediately processing information on accidents or incidents occurring in natural disasters immediately receiving it, reach agreement on measures and mobilize forces, means, supplies and equipment to respond to natural disasters.

3. The Central Steering Committee for Natural Disaster Preparedness shall assume the prime responsibility for mobilizing resources, directing and commanding activities to respond to and overcome consequences of natural disasters, and coordinate with the National Committee for Response to Incidents and Natural Disasters and Search and Rescue in mobilizing and regulating search and rescue forces and carrying out search, rescue and salvage activities.

4. The Central Steering Committee for Natural Disaster Preparedness shall reach agreement with the National Committee for Response to Incidents and Natural Disasters and Search and Rescue on calling upon foreign countries to render support for search and rescue forces in case of serious natural disasters before reporting such to the Prime Minister for decision.

Chapter III

IMPLEMENTATION PROVISIONS

Article 25.Effect

1. This Decree takes effect on January 1, 2019.

2. This Decree replaces Decree No. 66/2014/ND-CP of July 4, 2014, detailing and guiding the implementation of a number of articles of the Law on Natural Disaster Prevention and Control.

Article 26.Responsibility for organization of implementation

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of People’s Committees at all levels, and related agencies, organizations and individuals shall implement this Decree.

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC