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 Government on 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. Management and implementation of UXO clearance operations

 Management and implementation of 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

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