Decree No. 18/2019/ND-CP management and clearance of unexploded ordnance

THE GOVERNMENT 

Decree No. 18/2019/ND-CP dated February 01, 2019 of the Governmenton management and clearance of unexploded ordnance

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

Pursuant to the Law on National Defense dated January 01, 2006;

At the request of the Minister of National Defense;

The Government hereby promulgates the Decree on management and clearance of unexploded ordnance.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree specifies the management and clearance of unexploded ordnance within the territory of the Socialist Republic of Vietnam.

Article 2. Subjects of application

The Decree is applicable to domestic and foreign organizations and individuals that are involved in clearance of unexploded ordnance within the territory of the Socialist Republic of Vietnam.

Article 3. Definitions

In this Decree, the following terms are construed as follows:

1. Unexploded ordnance (UXO) generally refers to bombs, mines, grenades, torpedoes, explosive remnants, rocket warheads, shells, different types of bullets, primers, explosives and explosive equipment which remain after the war.

2. UXO inspection means an activity related to the collection, analysis and evaluation of the information and data on UXO and the area at risk of being contaminated by UXO within a certain zone.

3. UXO survey means an intervention activity using equipment to inspect the pollution status of UXO in an area identified as being at risk of such pollution after the inspection is carried out.

4. UXO-contaminated area means an area identified as having UXO after the inspection and survey of weapons thereof are carried out.

5. UXO clearance includes detecting, collecting, clearing or disabling UXO in UXO-contaminated areas. Such activities are carried out to perform land clearance, restore production and ensure life-safety and asset safety for the citizens.

6. Certificate of eligibility for UXO clearance means a certificate issued by the Ministry of National Defense to units, organizations or enterprises that are eligible to own equipment, satisfy technical and safety standards and have sufficient personnel to carry out investigation, detection and clearance of weapons thereof as regulated by Vietnamese law.

7. UXO clearance organization means a domestic or foreign organization that works to clear UXO in Vietnam as regulated by laws.

8. UXO victims mean those who are dead or become disabled due to the weapons thereof.

9. UXO clearance operations mean activities carried out to reduce the consequences and eliminate the impacts of UXO, and restore the peaceful conditions in UXO-contaminated areas. The above-mentioned activities are public activities.

10. UXO clearance component means a component of the investment project which aims to clear UXO and to serve the execution of such investment project.

11. UXO clearance tasks mean the tasks assigned by the Government, Ministry of National Defense or competent authorities to the military units or UXO clearance organizations.

Article 4. UXO clearance operations

 UXO clearance operations include:

1. Carry out investigation and survey, collect information and evaluate the remained level of UXO;

2. Detect and destroy UXO;

3. Disseminate information and educate citizens to prevent UXO-related accidents;

4. Support the UXO victims;

5. Provide training, carry out scientific, technical and technological research related to the efforts to clear UXO.

Article 5. Procedures for clearing UXO

1. Independent UXO clearance projects may include one or multiple UXO clearance operations specified in Article 4 of this Decree.

2. Special UXO clearance projects include;

a. UXO clearance projects in the area where there are special national relics;

b. UXO clearance projects in an area which is special and important to the national defense and security according to the law on national defense and safety;

c. UXO clearance projects in the field of national defense and security which is kept confidential;

d. UXO clearance projects which are related to chemical weapons, toxic chemicals and extremely dangerous explosives.

3. Components of other investment projects

4. UXO clearance operations shall be assigned by the Ministry of National Defense or competent authorities and managed under the regulations of the Minister of National Defense.

Article 6. Rules for managing and clearing UXO

1. Respect the independence, sovereignty, unity and territorial integrity and ensure national safety, security and social safety and order as regulated by Vietnamese laws.

2. Increase the participation of organizations and individuals and mobilize all domestic and international resources.

3. Ensure openness and transparency in using resources.

4. Manage the activities in compliance with the used resources:

a. Programs, projects and tasks using the state budget shall be totally managed in accordance with the Law on Investment, Law on Public Investment and Law on Construction and related legal documents;

b. Programs, projects and activities using ODA loans and concessional loans of foreign donors and foreign non-governmental assistance funds shall be managed by the Government for their policies, objectives, investment scale, implementation costs, impacts to the landscapes and environment, community safety, national defense, security and effectiveness;

c. Other programs, projects and activities using other funds shall be managed by the Government for their objectives, scale and impacts to the landscapes, environment, community safety and national defense and security.

5. Prevent and control corruption, loss and wastefulness in managing and using funds.

Article 7. Financial resources used for clearing UXO

1. State budget (including assistance funds, ODA loans and concessional loans).

2. Funds of enterprises.

3. Other legal funds specified in the laws

Article 8. Assistance funds used for clearing UXO

1. Assistance funds for clearing UXO are funds established at the central level and managed by the Ministry of Labor, War Invalids and Social Affairs for the purpose of disseminating and mobilizing domestic and foreign agencies, organizations and individuals to contribute in giving material and financial supports to clear UXO in Vietnam, and to ensure safety and support daily-life activities for the citizens, as well as helping victims of weapons thereof to integrate with the community.

2. Financial sources of the Assistance Funds used for clearing UXO:

a. Collected from domestic and foreign volunteering organizations and individuals;

b. Collected from non-refundable ODA funds and foreign non-governmental assistance funds (if any);

c. Collected from purposeful supports with specific addresses used for authorization activities of domestic and foreign organizations or individuals;

d. Collected from credit interests;

dd. Other legal revenues (if any).

3. Assistance funds for clearing UXO shall be used for supporting the following activities:

a. Pay for the information dissemination and education provided for citizens to help them prevent UXO-related accidents;

b. Pay for UXO investigation, survey and clearance in Vietnam.

c. Pay for the study of children who are UXO victims or children of UXO victims in Vietnam;

d. Pay for the vocational study or create jobs for victims of the above-mentioned weapons;

dd. Pay for the orthopedic surgery, rehabilitation, orthopedic appliances and equipment used for supporting UXO victims in Vietnam;

e. Pay for emergency cases and treatment provided for victims who are considered as poor households or as those having extremely disadvantaged conditions due to UXO in Vietnam;

g. Pay for resettlement and reintegration with the community, ensure social security for the citizens of the UXO-contaminated areas in heavy-polluted provinces;

h. Pay for the execution of the assistance and support contracts of organizations or individuals. Such execution must be carried out in compliance with the purposes of the Fund;

i. Pay for the information dissemination and mobilization of domestic and foreign assistance funds;

k. Pay for the renting costs and particular expenditures or other related expenditures.

4. The management and use of Assistance Funds in clearing UXO must be done for the right purposes and must ensure openness, transparency, justice and efficiency.

5. The Prime Minister shall make decisions on the management and use of assistance funds in clearing UXO.

Article 9. Application of national technical regulations, standards and process in clearing UXO

1. All domestic and foreign agencies, organizations and individuals that perform activities related to UXO clearance in the territory of Vietnam shall comply with the provisions of the national technical regulation on clearance thereof.

2. International and Vietnamese standards and processes related to UXO clearance shall be applied voluntarily, except for the standards and processes which are specified in the national technical regulations on UXO clearance or except for the cases where it is required to apply the regulations hereof and of related legislative documents.

3. Standards and processes applied for UXO clearance shall be approved by the investor and specified in the investment project approval decision after the appraisal opinions from the Ministry of National Defense are received.

4. Application of standards must ensure compliance with the national technical regulation on UXO clearance and other related legal regulations; the applied standards must ensure synchronization and feasibility.

5. The application of new technologies for UXO clearance must satisfy the requirements of the national technical regulation on UXO clearance and of related law regulations.

Chapter II

DEVELOPMENT, APPRAISAL AND APPROVAL OF PROGRAMS AND PLANS FOR CLEARING UXO

Article 10. Programs and plans for clearing UXO

1. Programs for clearing UXO shall include national, provincial and central UXO clearance programs (hereinafter referred to as provincial programs).

The main contents of the UXO clearance programs include:

a. Objectives and visions;

b. Contents, methods, solutions, road maps and resources for clearing UXO;

c. UXO clearance shall be integrated to the planning schemes and plans on social-economic development of the Government and the province.

2. UXO clearance plan is a plan for carrying out the programs thereof, in which the use of funds shall be done in accordance with the Law on Investment and Law on Public Investment.

Article 11. Development, appraisal and approval of the UXO clearance programs

1. Development of the UXO clearance programs:

a. Strategies, planning schemes and plans on social-economic development of the Government and of provinces; programs and related plans which have been approved;

b. National UXO clearance programs;

c. Technical regulations and standards for clearing UXO and other related technical regulations and standards;

d. Maps, documents and data on the current social-economic state, natural conditions and actual pollution status of UXO.

2. Development and appraisal of programs for clearing UXO

a. Provincial People’s Committee shall assign the agency under their management to develop UXO clearance programs in their province and send such programs to the Ministry of National Defense for appraisal;

b. Ministry of National Defense shall take charge to cooperate with related ministries and sectors in developing the above-mentioned programs and send such programs to the Ministry of Planning and Investment for appraisal.

3. Approval and adjustment of the UXO clearance programs

a. Ministry of National Defense shall submit the national UXO clearance programs to the Prime Minister for approval and adjustment;

b. The provincial People’s Committee shall approve and adjust such programs after receiving the appraisal opinions from the Ministry of National Defense.

Article 12. Development, appraisal and approval of UXO clearance plan

1. Development and appraisal of UXO clearance plans

a. Based on the approved UXO clearance programs, the head of the central agency and provincial People’s Committee shall assign an agency under their management to develop the UXO clearance plans of ministries, sectors and localities in compliance with the social-economic development plan, medium term or annual public investment plan, and send the UXO clearance plans to the Ministry of National Defense for appraisal;

b. Ministry of National Defense shall summarize the plans for settling the above-mentioned consequences of ministries, sectors and localities; make national plans for settling such consequences in compliance with the social-economic development plan and the medium term and annual pubic investment plan, and send such clearance plans to the Ministry of Planning and Investment for appraisal.

2. Approval of UXO clearance plans

a. Ministry of National Defense shall submit the UXO clearance plans to the Prime Minister for approval and adjustment;

b. The heads of central agencies and provincial People’s Committees shall approve and adjust such plans in compliance with the national UXO clearance plans.

Article 13. Recommendation and development of UXO clearance projects, components and plans

1. Basis for proposing UXO clearance projects and components.

a. National UXO clearance programs and plans;

b. UXO clearance programs and plans of ministries, sectors and localities;

c. Programs and plans for development cooperation with foreign donors and foreign non-governmental organizations;

d. Land use planning of investment projects;

dd. Results from investigation and survey of pollution status of UXO;

e. Regulations, technical standards and norms for clearing the announced UXO.

2. UXO clearance projects, components and tasks using state and non-state budgets, ODA funds, concessional loans of foreign donors and foreign non-governmental assistance funds shall not be listed as approved UXO clearance programs and plans.

3. Procedures for recommending, developing and deciding investment policies and investments in UXO clearance projects, components and tasks using state and non-state budget, ODA funds and concessional loans shall be carried out in accordance with the regulations of the Law on Investment, Law on Public Investment and other related legal documents.

4. If the UXO clearance components are under other investment projects which have a contaminated area of 100 ha or above or there are special requirements for the quality and progress of the project, the investor shall consider the specific conditions of the project to make it a separated project. The development, appraisal and decision on investment policies and investments in this project shall be carried out in the same way as the independent UXO clearance project.

5. The Ministry of National Defense shall specify the development of the work execution project

Article 14. Appraisal of UXO clearance projects and components

1. The Ministry of National Defense shall take charge to appraise the technical work execution plan and make a cost estimate for the following projects and activities:

a. Projects on UXO investigation, survey, detection and clearance using domestic state and non-state budgets, ODA funds and concessional loans of foreign donors and foreign non-governmental assistance funds;

b. UXO clearance components are parts of the investment plans subject to the investment policy decisions and investment decisions of the Prime Minister, the heads of ministries, central government authorities and provincial People’s Committees according to the laws.

2. The Government’s UXO clearance agencies shall evaluate the technical plans and cost estimates of the projects that belong to the National Program for UXO clearance (Program 504), processes and plans of the projects executed by foreign non-governmental organizations.

3. Agencies of which the technical work execution plan and cost estimate of UXO investigation, survey and clearance projects and components have been appraised by the Ministry of National Defense are not specified in clause 1 of this Article.

4. Minister of National Defense shall specify the contents and procedures for appraising the technical plans and cost estimates of the above-mentioned projects and components.

5. For UXO clearance projects, components and tasks which are specified in clauses 1, 2 and 3, Article 4 of this Decree, the appraisal shall be carried out in accordance with the current regulations.

Article 15. Competence in deciding investment policies and investing in UXO clearance projects, activities and tasks

1. The Prime Minister shall decide the investment policies and invest in UXO clearance projects using ODA funds, concessional loans of foreign donors and state and non-state budgets under the decisions of the Prime Minister as specified in the Law on Investment and the Law on Public Investment.

2. The Minister of National Defense shall decide the investment policies and invest in the special UXO clearance projects, using state and non-state budgets under his management as specified in the Law on Investment and the Law on Public Investment.

3. Minister and Chair-person of the provincial People’s Committee shall approve and invest in the independent UXO clearance projects by using state and non-state budgets under their management as specified in the Law on Investment and the Law on Public Investment.

4. Owner or representative of the owner shall decide the investment policies or within his/her competence, invest in UXO clearance projects and components by using other funds.

5. Competent persons shall decide the investment policies and decide to invest in UXO investigation, survey and clearance projects and components based on the results from the appraisal of technical work execution plan and cost estimate of the Ministry of National Defense.

Article 16. Forms of project management

Based on the scales, characteristics, used resources and execution conditions of UXO clearance projects, the investor shall apply one of the following forms of project management:

1. The form of one-project management board, specialized project management board or regional project management board shall be applicable to the independent UXO clearance projects by using state and non-state budgets.

If the UXO clearance components of investment projects use the funds derived from state budget or non-state budget, there must be no separate project management board but there must be a supervision counselor and an officer managing the quality of UXO clearance.

2. If the investor is not eligible to manage and carry out UXO clearance operations by using non-state budget or other funds, he/she may hire a counseling organization or a counselor who is eligible for the tasks thereof as specified in the regulations hereof. The project management counseling organization may implement a part of or the whole contents of project management specified in the agreement signed with the investor.

3. The investor shall employ its own project management apparatus if qualified.

4. If the project uses other funds, the investor shall decide the project management form in compliance with the management requirements and the specific conditions of the project.

Article 17. Contractor selection and assignment of tasks in clearing UXO

1. Apply the task assignment form in the following cases:

a. During the execution of UXO investigation, survey and clearance projects and components;

b. During the collection, relocation or disposal of UXO which are detected by the citizens during their daily-life activities or civil construction process or cultivation process.

2. The selection of contractors for UXO clearance projects and components and is not specified in clause 1 of this Article shall be carried out in accordance with the law on bidding.

Article 18. Cost management of UXO clearance projects and components

1. Project cost management shall be carried out in accordance with the law on management of construction work investment costs and under the agreement signed with the foreign donor.

2. Labor costs of UXO investigation, survey and clearance shall be paid as follows:

a. The entities that are not entitled to salaries derived from state budget during UXO investigation, survey and clearance shall be paid for their wages and other allowances.

b. Entities that are not entitled to salaries derived from state budget while participating in UXO investigation, survey and clearance shall receive bonuses as specified in the decision of the Prime Minister.

Chapter III

UXO INVESTIGATION, SURVEY AND CLEARANCE

Article 19. Requirements for participating in UXO investigation, survey and clearance

1. Organizations and individuals participating in the investigation, survey, detection and clearance of UXO shall satisfy the technical and safety requirements as regulated by laws. They shall also comply with the national and international standards for clearing UXO (this regulation does not include the military and safety activities of the Military Unit and the Police Force).

2. Ministry of National Defense shall reach an agreement on the procedures for participating in the above-mentioned investigation, survey and clearance of organizations and individuals across the country.

Article 20. Management of UXO investigation, survey and clearance projects and components

1. Contents of the management of the above-mentioned projects and components include:

a. Quality management;

b. Progress management;

c. Quantity management;

d. Investment cost management;

dd. Contract management;

e. Safety management;

g. Information management.

2. The Ministry of National Defense specifies the guidelines for quality management, safety tasks and information management of UXO investigation, survey and clearance projects and components; and other management activities carried out in accordance with the law regulations on investment and construction.

Article 21. UXO investigation and survey

1. Investigation and survey are compulsory activities which are carried out to collect information about the pollution status of UXO and shall be done before the UXO clearance projects and components are developed.

2. Information collected from the investigation and survey shall be sent to the National Bomb and Mine Database Center for retention and making of map of UXO-contaminated areas. Information from the previous investigation and survey shall be collected and used as technical specifications during the investigation, survey and planning of UXO clearance projects.

3. While carrying out UXO investigation and survey, organizations shall fully apply the national standards for investigation and survey on pollution status of weapons thereof, provide related documents, share information for the local government, other agencies and organizations upon receiving their requests and shall take the legal responsibility and pay compensation for the damages caused by the investigation and survey results.

Article 22. UXO clearance

1. UXO clearance organizations shall rely on the investigation and survey results and requirements for the depth that needs UXO clearance of each specific project, in order to develop the technical work execution plan; the execution equipment and personnel that are arranged at the construction site must comply with the technical work execution plan which has been approved by the competent authority.

2. Only carry out the UXO clearance after the investor or the agency authorized by the investor inspects the eligibility conditions for executing the work at the site and allows the commencement of such work.

3. UXO clearance organizations and units shall contact and cooperate closely with the People s Committee in the province where UXO clearance is carried out as specified in Article 65 of the Law on management and use of weapons, explosives and combat gears, and timely report about the implementation plan, the plan for dealing with problems related to UXO and the plan for transport and disposal of UXO, as well as the results of the UXO clearance projects to the local government in the district.

Article 23. UXO collection, transport and disposal

1. UXO found during the UXO investigation, survey and clearance process shall be managed, collected, transported and disposed in accordance with the law.

2. Prohibit the organizations and individuals that are not assigned to perform the above-mentioned investigation, survey, detection and clearance from collecting, transporting and disposing UXO and selling and purchasing materials and wastes after disposing the weapons thereof, except for military and safety activities.

3. The collection, maintenance, liquidation and disposal of UXO collected or transferred to the Ministry of National Defense by non-military agencies or units shall comply with the law regulations on UXO management and environmental protection and shall be carried out in accordance with the regulations of the Minister of National Defense.

Article 24. Inspection and transfer of UXO clearance projects and components

1. UXO clearance projects and components shall be inspected and handed over after the approved technical work execution plan is completely executed and shall ensure quality based on the quality management process.

2. Inspection and transfer process and documents related to UXO investigation, survey and clearance projects and components shall be implemented in accordance with the national technical regulation on UXO clearance. The members participating in inspecting the above-mentioned projects must include the representative of the local government in the area where the projects are executed. The documents on premise handover after the clearance of UXO and the disposal documents must be confirmed by the People’s Committee of the district or higher and must be retained in the province.

Chapter IV

DISSEMINATING INFORMATION AND EDUCATING CITIZENS TO PREVENT UXO-RELATED ACCIDENTS AND SUPPORTING UXO VICTIMS

Article 25. Disseminating information and educating citizens to prevent UXO-related accidents

1. Disseminate information and education the citizens to prevent UXO-related accidents, in order to provide knowledge about the weapons thereof, their harmful effects, methods for preventing the above-mentioned accidents, responsibilities of organizations and individuals in preventing such accidents and related regulations.

2. The information dissemination and education provision shall be carried out in different forms and shall be appropriate for different entities, including:

a. Via websites of ministries, ministerial agencies, governmental and local agencies and mass media;

b. Develop specialized publications, magazines and brochures which specify the UXO clearance operations and include documents written in ethnic minority language;

c. Organize exhibitions, seminars and trainings to disseminate and educate citizens to prevent UXO-related accidents;

d. Integrate the knowledge of the above-mentioned dissemination and education to the citizenship education programs and the national defense education programs in different classes within the province polluted by UXO;

dd. Hold fora to disseminate information about the policies and laws and share information and experience to prevent UXO-related accidents.

Article 26. Rights of UXO victims

1. Be supported for their initial healthcare payments, provided with healthcare services and rehabilitation treatment, given educational and vocational trainings, jobs and social protection.

2. These victims’ children who are considered as poor and near-poor households or have extremely difficult conditions shall be given scholarships and money for buying school supplies.

3. Be entitled to the rights of the disabled.

Article 27. Activities for supporting UXO victims

1. These victims shall receive healthcare and insurance supports from the State if they have an accident and shall be entitled to the medical insurance policy as specified in the regulations on medical insurance.

2. Receive supports for their orthopedic surgeries and rehabilitation treatments.

3. Receive supports for educational and vocational trainings and be given jobs.

4. Receive supports for livelihood and for using social work services.

5. Citizens of UXO-contaminated areas shall receive supports for reclearance and economic development.

6. Children of UXO victims shall receive education supports for being poor or near-poor households or having extremely difficult conditions.

Article 28. State policies on UXO victims

1. UXO victims shall be entitled to state policy on the disabled.

2. The State shall implement those policies to support the above-mentioned victims in receiving healthcare services, having orthopedic surgeries and rehabilitation treatments; overcoming difficulties, living independently and integrating with the community.

3. Prevent and reduce UXO-related accidents.

4. Encourage and enable domestic and foreign agencies, organizations, enterprises and individuals to participate in activities for supporting UXO victims; mobilize social resources to contribute in supporting these victims.

Chapter V

MANAGEMENT OF INFORMATION AND DATA ON UXO CLEARANCE

Article 29. Announcement, provision, extraction and use of information and data on UXO clearance

1. Information and data on UXO clearance shall be announced and provided for agencies, organizations and individuals under the law on information access.

2. The provision and use of information and data on UXO clearance are classified as state secrets and shall be carried out in accordance with the law on state secret protection.

3. Ministry of National Defense shall provide specific guidance on management, announcement, provision, extraction and use of such information and data.

Article 30. Requirements for management, extraction and use of information and data on UXO clearance

1. The management, retention, provision, extraction and use of the above-mentioned information and data must comply with the law regulations on state secret protection, intellectual property rights and retention and other related law regulations.

2. The data management agency shall be responsible for providing the above-mentioned data and information and ensuring they have accurate origins.

3. Information and data on UXO clearance which are provided for organizations and individuals by competent regulatory agencies shall be used for the right purposes and comply with the law regulations.

Article 31. Managing and developing national database of UXO clearance

1. National database of UXO clearance shall be developed and managed at Vietnam National Mine Action Center (VNMAC).

2. Information about the UXO clearance shall be updated to the national database of UXO clearance, including:

a. Legislative documents on UXO clearance and other related legislative documents;

b. Regulations, standards and technological process for clearing UXO;

c. Data on the military activities which have been carried out in the territory of Vietnam;

d. Results from the execution of the projects on investigation and survey of the pollution status of UXO;

dd. Information about the detection of UXO; about the accidents and problems which are caused by the above-mentioned weapons;

e. Information about the national and provincial programs, plans and resources which are used for clearing UXO;

g. Information about the results from execution of UXO clearance projects and components, from the supports given to UXO victims and education given to people of ministries, sectors and localities, investors, agencies, units and organizations to prevent UXO-related accidents;

h. Information about the quality management of UXO clearance programs, projects and activities, activities for supporting UXO victims and educating people to prevent UXO-related accidents;

i. Data on the potential of organizations and units carrying out UXO clearance operations in Vietnam;

k. Data on UXO victims;

l. Other related information.

3. Ministries, sectors, localities and organizations and individuals shall timely provide accurate information and data on UXO clearance.

Chapter VI

INTERNATIONAL COOPERATION IN THE CLEARANCE OF UXO

Article 32. Rules for international cooperation in the clearance of UXO

1. Respect the independence, sovereignty and territorial integrity and shall not intervene with the internal affairs of each other and shall ensure the national interests.

2. Comply with the international treaties to which Vietnam is a signatory.

3. Comply with the Vietnamese law regulations on management of the activities of non-governmental organizations and on receipt, management and use of non-governmental assistance funds, development assistance funds and foreign investment funds, in order to support the UXO clearance operations in Vietnam.

4. Take charge to suggest ideas about international cooperation and mobilize international support for UXO clearance operations.

5. Prioritize international cooperation in training, scientific research and technology transfer; experience sharing; and cooperation in resource investment for the purpose of clearing UXO.

Article 33. International cooperation in the clearance of UXO

1. Provide training, carry out scientific research and transfer technology for the purpose of clearing UXO.

2. Exchange and share scientific research information and documents, technologies, publications about UXO clearance.

3. Seek international cooperation in the clearance of UXO.

4. Seek international cooperation in humanitarian aid.

Article 34. Key agency promoting international cooperation in the clearance of UXO

1. Ministry of National Defense is the key agency that takes responsibility before the Government for the international cooperation in the clearance of UXO.

2. Responsibilities of the key agency promoting international cooperation:

a. Provide information about the UXO for agencies and organizations as regulated by laws;

b. Promote international cooperation in the clearance of UXO;

c. Suggest the signing and accession to international treaties and call for international supports for the clearance of UXO.

Chapter VII

RESPONSIBILITIES AND RIGHTS OF UXO CLEARANCE ORGANIZATIONS

Article 35. State management of UXO clearance

1. The government shall carry out state management to clear UXO.

2. The state management of UXO clearance shall include the following activities:

a. Promulgate and direct the implementation of legislative documents on management and clearance of UXO;

b. Develop and promulgate the regulations, standards, technical norms and policies for persons directly participate in clearing UXO and for UXO victims;

c. Manage the quality of UXO clearance operations;

d. Supervise and evaluate the process and results of the clearance;

dd. Issue and revoke the certificate of eligibility of units, organizations and enterprises investigating, surveying and clearing UXO;

e. Carry out research, apply science and technology, spread knowledge and disseminate the laws on UXO clearance;

g. Provide trainings for the UXO clearance personnel;

h. Manage, provide information and data on UXO clearance operations;

i. Seek international cooperation in the clearance of UXO;

k. Inspect and settle complaints and denunciations, handle violations related to the above-mentioned operations.

Article 36. Duties and rights of the Ministry of National Defense

Ministry of National Defense shall take responsibility before the Government for the uniform state management of UXO clearance and have the following duties and rights:

1. Manage UXO investigation, survey and clearance; provide trainings and carry out scientific, technical and technological research about the clearance of such weapons; manage the technical standards for UXO clearance; and manage information and data on UXO clearance.

2. Take charge and cooperate with ministries, agencies, organizations and related localities in developing the criteria for selecting the clearance programs; within their competence, develop and issue the regulations, standards, process and technical norms which are applied to the UXO investigation, survey and clearance.

3. Take charge to summarize the UXO clearance programs and plans; cooperate with the Ministry of Planning and Investment in appraising and submitting the fund distribution plan of ministries, agencies, organizations and localities to the Prime Minister for approval. Such fund distribution plan is carried out for the UXO clearance operations.

4. Take charge and cooperate with the Ministry of Finance and related agencies in developing and issuing guided documents on cost estimate making methods which are applicable to UXO investigation, survey and clearance.

5. Within their competence, take charge and cooperate with the Ministry of Labor, Invalids and Social Affairs in conducting research and promulgating policies, norms, standards and incentives for persons directly participate in the UXO clearance operations, as well as supporting UXO victims.

6. Take charge and cooperate with ministries, sectors, agencies, organizations and related localities in conducting research and suggesting the ideas that Vietnam may sign the international treaties to gain more financial supports for UXO clearance operations.

7. Direct and inspect the agencies under their management for the appraisal of projects and technical work execution plans, as well as cost estimates of UXO investigation, survey and clearance projects and components.

8. Take charge and cooperate with ministries, sectors, agencies, organizations and localities in receiving and collecting heavy weapons, bombs, mines, grenades, torpedoes, explosive remnants, rocket warheads, shells, different types of bullets or other types of weapon which require specialized technical skills.

9. Carry out UXO investigation, survey and clearance for the special UXO clearance projects and components and for other clearance tasks assigned by the Prime Minister.

10. Manage the issuance of Certificate of eligibility for UXO clearance.

11. Manage, collect, handle, retain, provide and announce information and data on UXO clearance.

12. Take charge of the activities for training personnel and managing the equipment appraisal of the investigation, survey, clearance, handling and disposal of UXO.

13. Direct the investigation and inspection of the quality management of UXO clearance projects and components; manage and dispose UXO which still remain after the war.

14. Play the role as the key agency in seeking international cooperation and mobilizing financial resources at national level to clear UXO.

15. Mobilize domestic and foreign organizations or individuals to carry out UXO clearance programs, projects and operations.

16. Within their competence, handle the violations and settle complaints and denunciations of organizations or individuals related to UXO clearance operations; suggest the competent authorities to reward Vietnamese and foreign agencies, organizations and individuals that successfully clear UXO.

Article 37. Duties and rights of the Ministry of Labor, Invalids and Social Affairs

1. Take charge and cooperate with the Ministry of National Defense, related ministries and sectors and localities in developing the strategies to disseminate information and educate citizens to prevent UXO-related accidents, and to support UXO victims.

2. Manage and execute the assigned projects in accordance with the current regulations; cooperate with the Ministry of National Defense and other ministries and sectors in executing the related projects; on the basis of the assigned projects, they shall cooperate with the Ministry of Planning and Investment and the Ministry of Finance in developing the budget estimate as specified in the annual budget plan of the State and submit such estimate to the competent authority for approval; annually, cooperate with the Ministry of National Defense in inspecting and evaluating the execution process of the Programs and submit a report to the Prime Minister.

3. Update information about the UXO victims to the national database of UXO clearance.

4. Direct and manage the activities of the Assistance Funds for UXO clearance in Vietnam and activities of the Supportive Association for UXO clearance.

Article 38. Duties and rights of the Ministry of Planning and Investment

1. Take charge and cooperate with related ministries and sectors in developing the mechanism for managing and coordinating domestic resources and ODA funds to clear UXO, and submit a report about such mechanism to the Prime Minister.

2. Take charge and cooperate with related agencies in mobilizing financial supports and selecting the suggestions for programs and projects that use ODA funds and concessional loans of foreign donors under the UXO action programs, and submit a report to the competent authorities for approval; cooperate with related agencies in managing and using ODA funds and concessional loans of foreign donors; provide guidance for related agencies to complete the procedures for approval of the projects that use foreign non-governmental assistance funds.

3. Take charge and cooperate with the Ministry of Finance in allocating the central budget to clear UXO as specified in the medium-term and annual budget plans according to the Law on Investment, the Law on Public Investment and the Law on State Budget.

4. Take charge and cooperate with related agencies in appraising the UXO clearance programs, plans and projects which are under the investment policy decisions of the Prime Minister.

5. Provide information and data on the ODA funds, concessional loans and foreign non-governmental assistance funds for clearance of UXO, in order to update them to then national database.

Article 39. Duties and rights of the Ministry of Public Security

1. Makes plans for ensuring social security, safety and order during the UXO-related accidents. Cooperate with the Ministry of National Defense, ministries, ministerial agencies and localities in rescuing people and clearing UXO.

2. Disseminate information, mobilize and cooperate with district military agencies and military units at regimental level or higher in collecting UXO handed over by the citizens.

3. Within their competence, carry out inspection and patrol, settle complaints and denunciations, handle violations against the law on management and clearance of UXO.

4. Ensure security for foreign organizations and individuals working to clear UXO in Vietnam.

Article 40. Duties and rights of the Ministry of Foreign Affairs

1. Cooperate with related ministries and sectors in recommending the Party and State Leaders to communicate and exchange information with foreign leaders and international organizations to gain their support and seek their cooperation in clearing UXO.

2. Cooperate with related ministries in conducting research and proposing Vietnam’s accession to international treaties aiming to appeal for donations to UXO clearance operations.

3. Cooperate in appraising and signing international treaty framework, specific international treaties and agreements on ODA funds, concessional loans and foreign non-governmental assistance funds to support the execution of UXO clearance programs and projects.

Article 41. Duties and rights of the Ministry of Finance

1. Provide appraisal opinions about the financial mechanism applied to the programs and projects using ODA funds and concessional loans of foreign donors to help ministries, agencies, organizations and localities to clear UXO.

2. Cooperate with the Ministry of Planning and Investment to allocate funds derived from state and non-state budgets, ODA funds, concessional loans and foreign non-governmental assistance funds to carry out the 5-year plan or annual plan for clearing UXO.

3. Within their competence, take charge to develop and issue legislative documents to guide ministries, agencies, organizations and localities on how to manage and use financial resources in UXO clearance programs and projects.

Article 42. Duties and rights of the Ministry of Construction

Take charge and cooperate with the Ministry of National Defense in appraising and issuing the processes and norms which are related to the investigation, survey and clearance of UXO.

Article 43. Duties and rights of the Ministry of Health

1. Carry out state management for the healthcare services provided for victims of UXO according to the law on the disabled.

2. Take charge of the planning and plan preparation, upgrade the communal and district health facilities in UXO contaminated provinces, and ensure that sufficient first aids are given to victims of weapons thereof by using UXO clearance funds and other funds.

Article 44. Duties and rights of related ministries and sectors

Ministries and ministerial agencies, within their competence, shall cooperate in clearing UXO.

Article 45. Duties and rights of the People s Committees at all levels

1. Within their administrative area, carry out state management for the contents of this Decree that require to be adjusted.

2. Closely cooperate ministries, agencies, investors, domestic organizations and individuals in executing the UXO clearance programs and projects in their province; collect, manage and provide information about the clearance activities in the province for VNMAC.

3. Provincial People’s Committees shall perform the duties specified in clause 1, clause 2 of this Article, and shall also:

a. Develop programs and plans for carrying out UXO clearance programs in the province, use such programs and plans as the basis for mobilizing assistance funds and give suggestions about the UXO clearance programs and projects within the province;

b. Develop, manage and execute the plan for allocating the 05-year and annual medium-term funds for the UXO clearance programs and projects in the province, and integrate the public investment plan to the 05-year and annual social-economic development plans of the province;

c. Take charge to balance the provincial budget and actively mobilize domestic and international resources to execute UXO clearance programs and projects in the province;

d. Direct and guide the district and communal People’s Committees to carry out UXO clearance operations under the approved programs and plans.

Article 46. Duties and rights of the investors and organizations participating in UXO clearance operations

1. Strictly implement the regulations hereof and other related guiding documents.

2. Register for issuance or re-issuance of the Certificate of eligibility for UXO clearance as specified in the regulations of the Ministry of National Defense.

3. Summarize and provide for the VNMAC information and data on the process and results of UXO clearance of their units or organizations.

Article 47. National Lead Authority and Coordinating Agency for clearing UXO

1. The National Lead Authority for clearing UXO and led by the Prime Minister is a national agency working to clear UXO.

The Ministry of National Defense is the standing agency of the National Lead Authority for clearing UXO.

2. Vietnam National Mine Action Center is the agency coordinating the UXO clearance operations.

Vietnam National Mine Action Center is under the guidance of the Prime Minister and managed by the Ministry of National Defense to cooperate and perform the UXO clearance duties.

Chapter VIII

IMPLEMENTATION

Article 48. Handling the violations against the law on UXO clearance

Organizations and individuals committing violations against the law on UXO clearance shall be subjected to a disciplinary based on the characteristics and level of such violations or shall bear criminal responsibility or shall pay compensations for any damages caused by them.

Article 49. Effect

1. This Decree takes effect from March 20, 2019.

2. The Decision No. 96/2006/QD-TTg dated May 04, 2006 of the Prime Minister on management and clearance of UXO and legislative documents contrary to this Decree shall be repealed.

Article 50. Implementation responsibilities

Ministers and Heads of ministerial agencies, Heads of governmental agencies, Chair-persons of the People s Committees at all levels and related organizations and individuals shall implement this Decree./.

For the Government
Prime Minister
Nguyen Xuan Phuc