VietnameseDecree No. 32/CP dated May 20, 1996 of the Government providing details for the implementation of the Ordinance on the prevention and fight against floods and storms
ATTRIBUTE
Decree No. 32/CP dated May 20, 1996 of the Government providing details for the implementation of the Ordinance on the prevention and fight against floods and storms
| Issuing body: | Government | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 32/CP | Signer: | Phan Van Khai |
| Type: | Decree | Expiry date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Issuing date: | 20/05/1996 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
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THE GOVERNMENT ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom – Happiness --------- |
No. 32-CP | Hanoi ,May 20, 199 |
DECREE
PROVIDING DETAILS FOR THE IMPLEMENTATION OF THE ORDINANCE ON THE PREVENTION AND FIGHT AGAINST FLOODS AND STORMS
THE GOVERNMENT
Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Ordinance on the Prevention and Fight against Floods and Storms of March 8, 1993;
At the proposal of the Minister of Agriculture and Rural Development,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- The floods and storms mentioned in this Decree comprise: flood, inundation, rising seawater, storm, tropical depression, whirlwind, landslide (caused by rain, flood, storm and sea waves).
The rain and water logging inside the fields, the whirlwind below degree 6 and the monsoon do not come under the regulation of this Decree.
Article 2.- In this Decree the following terms are construed as follows:
1. Inundation is a water immersion deeper than the normal level.
2. Flood is the level and flow of water in the rivers and streams which surpass the normal level.
3. Storm is a clockwise tropical cyclone arising from the sea with the velocity of wind from degree 8 to degree 11 (wind speed of from 62 km to 117 km/hour).
4. Big storm is a clockwise tropical cyclone arising from the sea with wind speed upward of degree 12 (118km and more per hour).
5. Tropical depressure is a cyclone arising from the sea with wind speed of from degree 6 to degree 7 (from 39 to 61km/hour).
6. Cyclone is a whirlwind with wind velocity equivalent to the wind speed of a storm but which is formed and disperses within a short time and acts within a narrow scope from a few kilometers to a few scores of kilometers in diameter.
7. High sea water is the rising of the sea water higher than the normal tide caused by a storm or other atmospheric turbulences.
8. Landslide is the sudden loss of stability of the surface soil caused by rain, flood, storm or sea waves.
9. The constructions to prevent and fight against floods and storms are designed to:
- Directly counter, limit or reduce the impact of floods and storms.
- Help in the forecast, warning, command and guidance of the prevention and fight against floods and storms.
10. The constructions related to the projects to prevent and fight against floods and storms are specialized projects installed within the area of protection for the safety of the projects for prevention and fight against floods and storms of which any incident might cause the loss of safety of such projects.
Chapter II
STATE MANAGEMENT OF FLOOD AND STORM PREVENTION AND COMBAT
Article 3.- The Government effects unified State management throughout the country of the Prevention and Fight Against Floods and Storms and the settlement of their consequences.
The Standing Committee of the Central Steering Committee for the Prevention and Fight against Floods and Storms is headquartered at the Ministry of Agriculture and Rural Development. It has the responsibility of organizing and coordinating with the related agencies in studying and working out the strategy, general plan, plans and specific projects on the prevention and fight against floods and storms and carrying out its function of specialized inspection in the prevention and fight against floods and storms and in the settlement of their consequences; putting forth measures of preventing and checking all acts of violation of the legislation on dykes and on the prevention and fight against floods and storms.
Article 4.- The Head of the Central Steering Committee for the Prevention and Fight against Floods and Storms shall be appointed by the Prime Minister. He has the task of:
1. Helping the Government in directing and coordinating with the concerned agencies in executing the function of specialized State management of the prevention and fight against floods and storms.
2. Processing all the information related to the decisions to issue warnings against floods and storms.
3. Inspecting and promoting the prevention and fight against floods and storms.
4. Directing the preparations to cope with the evolution of the floods and storms.
5. Reviewing the situation and making public figures about the losses and proposing to the Government measures to overcome the consequences of the floods and storms.
In Ho Chi Minh City there will be a Steering Sub-Committee for the Prevention and Fight against Floods and Storms to help the Head of the Central Steering Committee in monitoring the prevention and fight against floods and storms and in overcoming their consequences in the southern provinces.
Article 5.- The Ministers, the Heads of the ministerial-level agencies, the Heads of the agencies attached to the Government shall, within the limit of their tasks and powers, draw up the general plan, the long-term plans and annual plans on the prevention and fight against floods and storms in their respective branches; conduct scientific research and apply scientific and technological advances in the prevention and fight against floods and storms and in overcoming their consequences; provide professional guidance in this domain for the specialized and semi-specialized forces under their management; found the Committees for Prevention and Fight against Floods and Storms in their services and send specialized personnel to help the ministries or services to promote and guide the dependent agencies in the execution of the task of preventing and fighting against floods and storms and overcoming their consequences.
Article 6.- The Presidents of the People’s Committees of the provinces and cities directly under the Central Government (provincial People’s Committees for short) shall exert State management in the prevention and fight against floods and storms in their localities; draw up the general plan, the long-term and annual plans on the prevention and fight against floods and storms and set up the committees for the prevention and fight against floods and storms; direct and inspect and urge the agencies and administrations at various levels and the population in their localities to implement the measures of preventing and fighting against floods and storms and overcoming their consequences.
The Agriculture and Rural Development Service is the standing agency of the Committee for the Prevention and Fight against Floods and Storms in the province.
Article 7.- The State management agencies for the prevention and fight against floods and storms shall be organized according to a unified system from the center down to the localities.
1. At the center:
The Department for the Prevention and Fight against Floods and Storms and Dyke Management is the standing agency to help the Minister of Agriculture and Rural Development and the Head of the Central Steering Committee for the Prevention and Fight against Floods and Storms to carry out the function of specialized State management and direct the prevention and fight against floods and storms on the national scale.
The Department shall set up a sub-department in Ho Chi Minh City to act as standing office of the Steering Sub Committee for the Prevention and Fight against Floods and Storms in the southern provinces.
The tasks, powers and organization of the apparatus of the Office of the Central Steering Committee for the Prevention and Fight against Floods and Storms and of the Office of the Steering Sub-Committee for the Prevention and Fight against Floods and Storms shall be defined by the Minister of Agriculture and Rural Development in consultation with the Head of the Central Steering Committee for the Prevention and Fight against Floods and Storms.
2. In the localities:
a/ At the provincial level:
The Service of Agriculture and Rural Development is the standing committee of the provincial Committee for prevention and fight against floods and storms:
- In the provinces protected by dykes: the Section for the management of dykes and for the fight against floods and storms of the Service of Agriculture and Rural Development shall also act as the standing office of the Committee for the Prevention and Fight against Floods and Storms of the province to help this Committee carry out the function of State management in this work in the locality.
- In other provinces an agency of the Service of Agriculture and Rural Development shall also act as standing agency of the provincial Committee for the Prevention and Fight against Floods and Storms to help this Committee carry out its function of state management in this work in the locality.
The tasks, powers and organization of the apparatus of the office of the provincial Committee for the Prevention and Fight against Floods and Storms shall be defined by the Head of the Committee for the Prevention and Fight Against Floods and Storms in the province.
b/ In the districts, towns and cities under the province (district for short): the Section of Agriculture and Rural Development shall be the standing body to counsel the district Committee for the prevention and Fight against Floods and Storms to carry out its State management function in this work within its jurisdiction.
c/ In the communes, wards and townships the People’s Committee shall assign the tasks to its personnel to act as standing committee for the prevention and fight against floods and storms.
Article 8.- Every year, each level and each branch must strengthen its forces in the prevention and fight against floods and storms, arrange and assign concrete tasks to each specialized force in the Pprevention and fight against floods and storms and in overcoming their consequences.
At every project for the prevention and fight against floods and storms and each key and strategic area, the managing agency must work out its plan for preventing and fighting against floods and storms and submit it for approval and must organize the Committee for this work with regard to the project, arrange a specialized or semi-specialized force to handle every incident at the project. At the same time there must be a clear assignment of the responsibility of each in the execution of this plan.
Chapter III
PREVENTION AGAINST FLOODS AND STORMS
Article 9.- The prevention against floods and storms is stipulated in Articles 10 and 11 of the Ordinance on the Prevention and Fight against Floods and Storms. The State agencies, the economic and social organizations and the People’s Armed Forces units must have annual and long-term plans for this work.
The People’s Committees at all levels shall have to coordinate with the people’s organizations in the locality to organize, mobilize and guide the people to take the initiative for active preparations to cope with floods and storms.
Article 10.- The plan to prevent floods and storms is stipulated as follows:
1. The ministries, ministerial-level agencies, the agencies attached to the Government must work out plans to provide against disasters caused by floods and storms to the installations under their management, organize the inspection of the preparations in this respect in their localities and their grass-roots according to their managerial function and responsibility.
2. The People’s Committees at all levels must work out the plan for Prevention and Fight Against Floods and Storms in the whole of their territories as well as for each key project in their localities.
The plan against floods and storms of each key project in the province must be approved by the provincial People’s Committee.
3. All organizations and individuals must take necessary measures to prevent floods and storms and carry out the tasks assigned by the State managerial agency in this work.
Article 11.- In order to carry out the prevention against floods and storms provided for in Articles 10 and 11 of the Ordinance on the Prevention and Fight against Floods and Storms the ministries and services shall have the following responsibilities:
1. The Ministry of Agriculture and Rural Development:
a/ To direct the provinces to ensure, strengthen and build the system of dykes, to organize the management of the dyke systems, set up the warning stations against floods and storms; to provide advanced technological means and equipment for the warning work, to direct the execution of the command of the Central Steering Committee and guide the consolidation of the system of command and warning from the center down to the grassroots, to direct the different services and localities to take measures to ensure the safety of the dykes, the reservoirs and other flood and storm prevention and combat projects.
b/ To work out the norms for the prevention and fight against floods and storms for each region and urge the ministries and branches to work out the safety norms in the fight against floods and storms with regard to the installations managed by these ministries and branches.
c/ To issue documents to guide the management of investment in the construction and reinforcement of the dykes and drainage systems for the rivers within their competence and responsibilities as defined for the work of dyke protection and the prevention and fight against floods and storms.
d/ To guide the population in the flood and storm-prone localities and to urge the population organizations to protect their agricultural production and reschedule their cropping seasons and change the strains of the plants and the reproductive cycles of their domestic animals in order not to coincide with the periods where floods and storms usually occur in the locality.
e/ To guide and promote the strengthening, planting and protection of headwater protection forests, the tree belts and the wave damming projects, to reduce the flow of the rivers and to shield against the wind and sand invasion along the streams, rivers and the coast.
2. The General Department of Meteorology and Hydrology shall have to provide advanced technologies for the system of specialized communication in order to ensure the timely collection of full and accurate information necessary for the plan of prevention and fight against floods and storms, weather and hydrology forecast, forecast on floods and storms on the global scale as well as in the region and in the country. At the same time it has to supply hourly the information to the Central Steering Committee for the Prevention and Fight against Floods and Storms right after it receives alert from the Second Degree upward.
3. The General Post Department shall have to give priority to the information network for the prevention and fight against floods and storms; build, strengthen and upgrade the main networks of information from the center down to each province, district, island and offshore island construction; ensure smooth communication even during the flood and storm; issue information about maritime meteorology according to the current maritime information statute.
4. The Ministry of Aquaculture shall have to guide, inspect and promote the prevention and avoidance of storms for the fishermen operating on the sea, the protection of the means at their shelters as well as the protection of production establishments and the aquacultural institutions and projects.
5. The Ministry of Communications and Transport shall have to give priority to and ensure uninterrupted circulation for the means of transport in their task of dyke protection and the prevention and fight against floods and storms, build, strengthen and upgrade the main transport routes from the center to the provinces which are prone to floods and storms in order to prevent traffic disruption; to ensure uninterrupted transport even during the flood and storm; to take measures to protect the ports, storages and goods and guide the communication and transport activities in the areas threatened or affected by floods and storms.
6. The Ministry of Construction shall have to guide, inspect and promote the observance of the prescribed norms in the construction of civil and industrial installations in order to ensure safety against floods and storms for each grade of the constructions, guide the population in the building and refurbishment of houses in order to limit the losses and damage caused by floods and storms.
7. The Ministry of Industry shall have:
- To guide, inspect and promote the protection of the reservoirs under its management and ensure that the power plants and the electric grids can operate safely right during the flood and storm.
- To organize the prevention and fight against floods and storms and protect the establishments under its management especially the factories using noxious chemicals; to prevent landslides and ensure the safety in the areas where lie tunnels and pits for mineral exploitation.
8. The Oil and Gas Service shall have to organize the prevention and fight against storms, the rising of sea water, to protect the projects of prospection and exploitation of oil and gas and the other establishments under its management.
9. The Ministry of Defense shall have to organize the forces and means for dyke protection and the fight against floods and storms at the request of the Committees for the Prevention and Fight against Floods and Storms and to work out plans for the timely rescue and reinforcement of the key areas which need protection.
10. The Ministry of Education and Training shall have to include in its teaching programs at the schools the general knowledge about floods and storms.
11. The Ministry of Culture and Information shall organize the education and mobilization work to make the population better understand and carry out well the prevention and fight against floods and storms aimed at reducing the losses caused by natural calamities.
12. The Ministry of the Interior shall cooperate with the various concerned levels and services to work out a plan for the protection of the key projects and a program to ensure security and social order and safety in the areas of flood diversion and the areas affected by floods and storms.
13. The Ministry of Health shall have to make good preparations in medicaments and medical treatment facilities and shall guide and promote the implementation of the plan of first aid and prevention of epidemics which usually break out after the occurrence of floods and storms.
14. The Ministry of Finance shall prepare the fiscal balance and disburse in time the capital for the maintenance and reinforcement of dykes, the forecast and warning against floods and storms and the settlement of their consequences.
15. The Ministry of Planning and Investment shall give priority to the supply of capital for the construction and reinforcement of dykes and the prevention and fight against floods and storms.
16. The other ministries and branches shall have to exert their managerial functions concerning the prevention of floods and storms, the protection of storages and economic establishments under their management.
17. The Voice of Vietnam Radio and the Vietnam Television shall have to broadcast in time on the mass media the information about the forecast and warnings against floods and storms, the orders or documents guiding the prevention, fight and avoidance of floods and storms sent by the Central Steering Committee for the Prevention and Fight against Floods and Storms, and organize the wide and deep dissemination among the population of the knowledge and experiences as well as the Ordinance on the Prevention and Fight against Floods and Storms.
18. The Central Steering Committee for the Prevention and Fight against Floods and Storms shall base itself on its function and tasks already defined by the Government to guide, inspect and evaluate the plans and the implementation of the prevention against floods and storms by different levels and branches.
Article 12.- With regard to key areas or areas where access is difficult and which are prone to floods and storms, the People’s Committees at various levels shall work out plans to guide the concerned branches to organize the reserve work and guide the local population to keep reserve in food and other essential necessities as well as medicaments for use when the flood and storm cause traffic disruption.
Article 13.- The provincial People’s Committee shall assign responsibilities in the inspection of the projects to prevent and fight against floods and storms within the areas under their management prior to each rainy and storm season. The results of the inspection must be put into written reports together with the evaluation of the quality of the projects. If any damage is detected they shall have to take measures of remedy and assign responsibilities for the remedy. Where such measures are beyond the capacity of settlement of such an inspection level they must report in time to the provincial Committee for the Prevention and Fight against floods and storms for a solution.
Article 14.- For the special-purpose constructions which are combined with the projects of prevention and fight against floods and storms and other projects used for other objectives installed within the area of safety protection of the projects against floods and storms, they must be built according to the minimum norms of protection equivalent to the norms of protection of these projects of prevention and fight against floods and storms. In the process of their exploitation the users must observe all regulations concerning the prevention and fight against floods and storms. The responsible manager of the project shall have to strengthen and upgrade the project according to the common regulation of the whole system of the projects of prevention and fight against floods and storms.
Article 15.- The construction of new storages for food, noxious substances, explosives, fuel and vital materials and other important properties within the beds of the rivers, on the river banks and in the flood diversion areas shall, in addition to observing the plan and the norms about prevention and fight against floods and storms must also get the permission of the provincial People’s Committee.
For the storages which had existed before the promulgation of this Decree the owner must take measures to ensure their safety and to prevent the pollution of the environment when a flood or storm occurs.
Article 16.- The river beds and banks within the system of rivers for the drainage of flood waters and in the flood diversion areas shall be managed by the local authorities. On the national scale the General Department for the Prevention and Fight against Floods and Storms and Management of Dykes shall provide guidance in the implementation of the regulations regarding their management.
Any organization or individual which causes obstacles which prevent the draining of flood water shall have to remove these obstacles. In case of delay the agency managing the prevention and fight against floods and storms has the right to handle the case in order to ensure the timely evacuation of the flood water. The organization or individual which causes the obstacle shall have to bear all expenses for the removal of the obstacle.
Article 17.- A number of ship rescue stations shall be established in a number of important ports such as Hai Phong, Cua Lo, Da Nang, Nha Trang and Vung Tau.
The Ministry of Communications and Transport shall set up a model for the organization and work out the operating statute of these stations and submit them to the Prime Minister for decision.
Article 18.- All the means of river and sea transport, passenger ships, trawlers and other special-purpose ships must be fully equipped with the means of communication and signals according to the Regulation on the storm forecast and the means of rescue for the passengers and ships.
All passenger boats must have the necessary quantity of lifebuoys for the passengers.
The Minister of Communications and Transport shall provide in detail for the quantity of necessary communications and signals, the means of rescue for passengers and for the ships and provide for the minimum knowledge about the prevention and fight against storms for the ship crew so that they may act in time after receiving the warning against a storm.
The Ocean-Going Ship Registration Agency, apart from controlling the ships and boats shall also have to inspect their equipment as mentioned above.
In the districts where lie ferry or ferries the Communications Section of the district must periodically check the quality of the ferry or ferries, the qualification of the driver and the lifebuoys in order to ensure the safety of the transport activities especially during the rainy and storm season.
Before putting a ship into operation the owner of the means and the ship captain shall have to check the above equipment. If the ship does not carry the necessary equipment to ensure safety, it is not allowed to operate.
In case a ship or boat is put into operation without the necessary safety equipment, if the transport control and inspection detects the infraction, the owner of the ship or boat shall have to bear full responsibility. If losses are incurred due to this deficiency the owner and the captain of the ship must take responsibility before law and must pay compensation for any losses.
Chapter IV
FIGHT AGAINST FLOODS AND STORMS
Article 19.- The heads of the branches and the People’s Committee in the locality which has received the warning or the alert about a flood or storm must immediately take the measures of prevention and fight against the flood and storm corresponding to the degree of alert which has been announced.
Article 20.- The projects against floods and storms or other projects related to the prevention and fight against floods and storms which are being damaged or are in danger of causing disaster must be given all the possible forces and means of protection and rescue. The agency managing such a project must take immediate measures of remedy after detecting the danger. At the same time it must report immediately to the higher level of management.
Article 21.- While the flood and storm is under way all organizations and individuals shall have the responsibility:
1. To take the initiative and urgent measures to rescue and protect the population, the projects and properties threatened or damaged by the flood or storm.
2. To strictly observe all decisions and guidances of the administration and of the agency for the prevention and fight against floods and storms;
3. To deploy in time the forces and means for the prevention and fight against floods and stormsaccording to plan or the decision of the administration and the agency in charge of this work.
4. To disseminate fully and in time all information from the agencies in command and the agencies to prevent and fight against floods and storms;
5. To organize permanent monitoring at the agency directing the prevention and fight against floods and storms according to the regime of patrol and guard at the projects for the prevention and fight against floods and storms;
6. To preserve social order and safety in the area affected by the flood or storm under the guidance of the police.
7. To organize self-protection and take measures to prevent and fight against floods and storms for the unit and the family, at the same time to join in the prevention and fight against floods and stormsaccording to the plan already approved and under the guidance of the Steering Committee in the locality.
Article 22.- Where the projects for Pprevention and fight against floods and storms do not meet the safety norms as required by the alerted level of the flood or storm the local People’s Committee shall have to guide the population to move out of the danger area while taking all necessary measures to save the local installations.
Article 23.- The Government assigns the Ministry of Finance to preside over and coordinate with the Ministry of Agriculture and Rural Development in guiding the work of compensation as stipulated in Article 23 of the Ordinance on the Prevention and Fight Against Floods and Storms.
Article 24.- All properties which are washed away by the flood or storm and retrieved by whomsoever remain under the ownership of their owner. The local administration must immediately notify the organization or the owner of these properties so that they may recover them. In case nobody claims back the properties or their properties leave no inheritor the properties shall be remitted to the public fund of the locality.
All acts of any organization or individual of taking advantage of the flood or storm to infringe upon the property of the State, the collective and the citizens are strictly prohibited.
Chapter V
OVERCOMING THE CONSEQUENCES OF FLOODS AND STORMS
Article 25.- Everybody shall have to fully implement the work of overcoming the consequences of floods and storms as provided for in Articles 24 and 25 of the Ordinance on the Prevention and Fight Against Floods and Storms. More concretely :
1. The People’s Committees at all levels have the responsibility to coordinate with the concerned branches to organize the rescue of people and properties;
To get immediately informed of the situation of the losses in order to report it to the authorized agency and deploy immediately the forces to overcome the consequences of the flood and storm.
2. The General Department of Statistics shall guide and promote the verification of the statistics and the evaluation of the losses caused by the flood or storm.
3. The heads of the various branches, the Presidents of the People’s Committees at various levels, the responsible managers of the projects damaged by the flood or storm shall direct the restoration of the projects and overcome the consequences, organize and guide the population to stabilize life and restore production; report in time the result of the settlement of the consequences to the Government, the higher concerned agencies and propose the necessary measures of aid.
Article 26.- In order to ensure the quick overcoming of the consequences of floods and storms, the ministries and branches shall have to carry out the following tasks:
1. The Central Steering Committee for the Prevention and Fight against Floods and Storms shall make a general review of the situation and propose to the Government measures of remedy and guide the various branches and levels to carry out the measures decided by the Government.
2. The Ministry of Agriculture and Rural Development shall have to:
+ Draw up a plan of restoration of the dykes and the other projects of prevention and fight against floods and storms which have been destroyed or damaged by the flood or storm.
+ Guide the localities to overcome the consequences, restore production and stabilize the life of the population.
+ To guide and direct the localities to repair the dykes and other projects of prevention and fight against floods and storm that have been destroyed or damaged by the flood or storm.
3. The Ministry of Aquaculture shall have to guide the localities to overcome the consequences and restore the production establishments and the fishing facilities.
4. The Ministry of Health shall have to guide the rescue of victims at the medical establishments and to prevent the outbreak of epidemics in the affected areas.
5. The Ministry of Labor, War Invalids and Social Affairs shall guide and direct the provision of aid to the population in the stricken areas, in particular, with regard to the beneficiaries of entitlement policies and the poor households.
6. The Ministry of Science, Technology and Environment shall guide the localities to overcome the environmental pollution caused by the flood or storm and carry out measures for environmental and ecological hygiene.
7. The Ministry of Planning and Investment shall have to balance the sources of capital to restore the dykes and other projects for Prevention and Fight Against Floods and Storms and the other infratructural works damaged or destroyed by the flood or storm.
8. The Ministry of Finance shall disburse budgetary fund in time after each flood and storm for the repair of dykes and other projects for the Prevention and Fight Against Floods and Storms and for overcoming their consequences.
9. The Ministry for Foreign Affairs shall together with the Central Steering Committee for Prevention and Fight Against Floods and Storms inform the international organizations and call for international aid in case of major natural calamities in the localities.
10. The Ministry of Construction, the Ministry of Communications and Transport, the Ministry of Industry, the Ministry of Education and Training and the other ministries and branches shall have to overcome the consequences of the flood and storm according to the State managerial function under their jurisdiction.
Chapter VI
FINANCIAL SOURCES FOR THE PREVENTION AND FIGHT AGAINST FLOODS AND STORMS
Article 27.- The financial sources for the prevention and fight against floods and storms are provided for in Articles 27 and 28 of the Ordinance on the Prevention and Fight against Floods and Storms. More concretely:
1. The State budget: regular allocation every year and urgent disbursement when a flood or storm occurs.
- Investment in capital construction of dykes and other projects for prevention and fight against floods and storms.
- For the strengthening and maintenance of dykes and other projects for Prevention and Fight Against Floods and Storms and for the projects on flood and storm warning.
- For the emergency handling of incidents of the dykes and other projects for Prevention and Fight Against Floods and Storms and the overcoming of their consequences.
2. The fund for the Prevention and Fight Against Floods and Storms of the locality shall be contributed by the population according to the common prescriptions of the Government. The following organizations and individuals shall have to contribute to this fund:
- The individual citizens (excluding the contribution made in the form of obligatory community labor as prescribed by the Ordinance on Community Labor).
- The enterprises located in the locality (including State enterprises managed by the Central Government or the locality and the enterprises of other economic sectors).
3. The Ministry of Agriculture and Rural Development shall coordinate with the Ministry of Finance, the Ministry of Planning and Investment and the concerned ministries and branches to work out and submit to the Government for approval the level of contribution to the annual fund of the locality for the prevention and fight against floods and storms.
4. The aid sources from the organizations of the United Nations, the various countries and the non-governmental organizations, the emergency aid of the organizations and individuals in the country and abroad when a flood and storm disaster occurs.
Article 28.- The regular allocations from the State budget shall be used to invest in the construction, consolidation and repair of the projects for prevention and fight against floods and storms, the purchase of equipment for forecast and warning, the expenses on the command and direction of the prevention and fight against floods and storms.
The emergency allocations from the State Budget shall be deducted from the national reserve fund approved by the Government to aid the localities seriously damaged by natural calamities at the proposal of the Presidents of the People’s Committees of the province and cities directly under the Central Government, the Head of the Central Steering Committee for the Prevention and Fight against Floods and Storms and the other concerned ministries.
Article 29.- The fund for the prevention and fight against floods and storms of the locality, contributed by the local organizations and population shall be set up, managed and ued in accordance with the prescriptions of law. The use of the fund for the prevention and fight against floods and storms for wrong purposes in any form is strictly forbidden.
Article 30.- The People’s Committees at various levels shall have to organize the reception and distribution of the aid to the right victims and for the right purpose. After distribution, the expenses and aid goods shall be immediately reported to the Government, the Central Steering Committee for the Prevention and Fight against Floods and Storms, the Ministry of Finance and reported in the mass media and must be recorded in the annual statement of accounts.
The use of the aid money and goods for other purposes is strictly forbidden.
Article 31.- The following is stipulated for the reserve materials at the ministries and branches for emergency use in case of dyke breaks during a flood or storm:
1. The Ministry of Agricultural and Rural Development:
- Is allowed to keep a reserve in gunny sacks, filter cloth and wire baskets at the major water conservancy works to cope with incidents during the rainy and flood season.
- To earmark part of the State reserve fund for plant protection medicine, veterinary medicaments, plant strains and animal strains in order to join in the overcoming of the consequences and restoration of agricultural production.
2. The Ministry of Communications and Transport is allowed to keep a reserve of a number of bridge girders, ferry boats, launches and other necessary materials for overcoming the incidents and ensure traffic on a number of main roads as ratified by the Government.
3. The Ministry of Health is allowed to keep a reserve of medicaments against epidemics and for medical treatment at the center and in a number of localities convenient to their transportation in service of the fight against floods and storms. This amount of medicaments shall be renewed for yearly use.
4. The Ministry of Industry is allowed to keep in reserve an amount of materials necessary for overcoming accidents in the main power plants, electric lines and transformer stations.
5. The Post Service shall keep a reserve of materials and equipment necessary for overcoming accidents in communication in order to assure the uninterrupted communication in service of the prevention and fight against floods and storms.
6. The Ministry of Trade is allowed to keep in reserve an amount of oil paper and other roofing materials in service of the overcoming of the consequences of the floods and storms and shall guide, inspect and promote the reserve of essential goods in the key areas prone to floods and storms in anticipation of possible traffic disruption.
7. The other branches of production and business are allowed to keep in reserve some materials in service of the fight against floods and storms.
The Ministry of Planning and Investment and the Ministry of Finance shall balance their revenues and expenditures and draw up the plan to keep a reserve of the above-mentioned materials at the proposal of the concerned ministries and submit them to the Prime Minister for examination and ratification.
Article 32.- The reserve material funds of the provinces and cities directly under the Central Government including materials of the State managed by the localities and materials contributed by the population in service of the prevention and fight against floods and storms and overcoming their consequences in the localities.
- All uses of the reserve material fund for the prevention and fight against floods and storms outside the set purpose are strictly forbidden.
Article 33.- The Ministry of Finance shall have to guide the making of books of accounts, check the revenues and expenditures and the settlements of accounts in the expenditures, the materials and goods already used for the prevention and fight against floods and storms each year and in overcoming their consequences, regardless of their sources.
Chapter VII
SPECIALIZED INSPECTION OF THE PREVENTION AND FIGHT AGAINST FLOODS AND STORMS
Article 34.- The specialized inspection service for the prevention and fight against floods and storms shall discharge its function of inspecting the observance of the legislation on the prevention and fight against floods and storms and put forth measures to prevent and check the acts of violation of this legislation.
The Head of the Department for the Prevention and Fight against Floods and Storms and the Management of the Dykes under the Ministry of Agriculture and Rural Development and the Director of the Agriculture and Rural Development Service shall organize and implement the inspection of the prevention and fight against floods and storms within their functions, tasks and powers.
Article 35.- The contents of the inspection work concerning the prevention and fight against floods and storms comprises the following:
1. To inspect the observance of law and the regulatory documents of the State on the prevention and fight against floods and storms and the other related works and the overcoming of the consequences of floods and storms.
2. To inspect the construction, reinforcement, protection and use of the dykes and the dyke reinforcement and the fight against floods.
3. To inspect the execution of the task of managing and protecting the major reservoirs, the flood diversion, delaying and drainage and other works related to these projects;
4. To inspect the management and use of material reserve for the prevention and fight against floods and storms.
5. To inspect the other activities related to the legislation on the prevention and fight against floods and storms.
Article 36.- The Minister of Agriculture and Rural Development shall coordinate with the General Inspector of the State, the Minister-Chairman of the Government Commission on the Organization and Personnel, the Minister of Finance, the Minister of Labor, War Invalids and Social Affairs to build a model for the organization and the statute of operation of the specialized Inspection Service in the work of prevention and fight against floods and stormsand summit it to the Prime Minister for decision.
Chapter VIII
IMPLEMENTATION PROVISIONS
Article 37.- This Decree takes effect on the date of its signing. The earlier regulations which are contrary to this Decree are now annulled.
Article 38.- The Ministers, the Heads of the ministerial-level agencies, the Heads of the agencies attached to the Government, the Presidents of the People’s Committees of the provinces and cities directly under the Central Government shall have to implement this Decree.
On behalf of the Government
FOR THE PRIME MINISTER DEPUTY PRIME MINISTER Phan Van Khai |
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