Decree No. 66/2014/ND-CP dated July 04, 2014 of the Government detailing and guiding a number of articles of the Law on Natural Disaster Prevention and Control

DECREE

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

Pursuant to the December 25, 2001 Law on Organization of the Government;

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

At the proposal of the Minister of Natural Resources and Environment,

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

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Decree details and guides a number of articles of the Law on Natural Disaster Prevention and Control, covering responsibilities for information transmission, frequency and lengths of time of information transmission, communication networks and equipment serving the direction and command of response to natural disasters; assignment and decentralization of responsibilities and coordination in natural disaster response; mobilization, fundraising and allocation of resources for relief and support to remedy natural disaster consequences; rights and obligations of foreign organizations and individuals and international organizations participating in the response to and remedy of consequences of natural disasters in Vietnam; and organizational structures and tasks of steering and commanding agencies for natural disaster prevention and control and the mechanism of coordination between the Central Steering Committee for Natural Disaster Prevention and Control and the National Committee for Search and Rescue.

Article 2.Subjects of application

This Decree applies to Vietnamese agencies, organizations, households and individuals; foreign organizations and individuals and international organizations residing, operating, or engaged in natural disaster prevention and control activities in Vietnam.

Chapter II

SPECIFIC PROVISIONS

Section 1

RESPONSIBILITIES FOR INFORMATION TRANSMISSION; FREQUENCY AND LENGTHS OF TIME OF INFORMATION TRANSMISSION; COMMUNICATION NETWORKS AND EQUIPMENT SERVING THE DIRECTION AND COMMAND OF RESPONSE TO NATURAL DISASTERS

Article 3.Agencies in charge of information transmission

1. Vietnam Television and Voice of Vietnam shall broadcast on television and radio waves documents directing natural disaster response of the Prime Minister, the Central Steering Committee for Natural Disaster Prevention and Control and the National Committee for Search and Rescue.

2. People’s Committees of all levels shall direct and organize the timely and accurate dissemination of documents directing and commanding natural disaster response of the Prime Minister, the Central Steering Committee for Natural Disaster Prevention and Control and the National Committee for Search and Rescue, and the Commanding Committees for Natural Disaster Prevention and Control and Search and Rescue of superior or same levels in their localities.

3. Ministries, ministerial-level agencies and government-attached agencies shall direct their specialized information systems in transmission of information relating to natural disaster prevention and control in the fields under their management.

Article 4.Frequency and lengths of time of transmission of information on the direction and command of response to natural disasters

1. Vietnam Television and Voice of Vietnam shall broadcast documents directing natural disaster response of the Prime Minister, the Central Steering Committee for Natural Disaster Prevention and Control and the National Committee for Search and Rescue immediately after receiving them and re-broadcast them at least once every 3 hours for level-3 natural disasters and every 1 hour for level-4 or level-5 natural disasters until they receive new directing documents or responses to natural disasters have been operated or natural disaster developments have changed and no longer cause any consequences.

2. The length of time of broadcasting information on directions and commands on response to natural disasters includes the time of broadcasting the full text of competent agencies’ documents directing and commanding response to natural disasters and bulletins on natural disaster forecasts and warnings, clearly stating changes of directing and commanding documents and updates of natural disaster developments and natural disaster response activities.

3. Radio and television stations of a level shall broadcast documents commanding response to natural disasters issued by commanding committees for natural disaster prevention and control and search and rescue of the same level and directing and commanding documents of superior agencies immediately after receiving them and re-broadcast them at the request of commanding committees for natural disaster prevention and control and search and rescue of the same level in conformity with natural disaster developments and local response activities.

When level-2, level-3 or level-4 natural disasters occur, the frequency of information transmission must comply with the requests of commanding committees for natural disaster prevention and control and search and rescue of the same or superior levels.

4. Commanding committees for natural disaster prevention and control and search and rescue of all levels shall provide specific guidance on contents, frequency and length of time of information transmission on local information channels. Localities without radio and television stations shall use local conventional means, devices or commanding signals to communicate with disaster-prone households.

Article 5.Communicationnetworks and equipment serving the direction and command of response to natural disasters

1. Public communication networks serving the direction and command of natural disaster prevention and control, including:

a/ Ground fixed telecommunication networks, satellites;

b/ Ground mobile telecommunication networks, satellites;

c/ Radio and television transmission and broadcasting networks;

d/ Public postal networks.

2. Special-use information networks, including:

a/ Hotlines directly serving the direction and command of natural disaster prevention and control.

b/ Specialized telecommunication networks serving agencies of the Party and State and national defense and security;

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

d/ Separate telecommunication networks and postal networks of other agencies, organizations and enterprises;

dd/ Information networks for warning of tsunami and other natural disasters.

3. Information devices serving the direction and command of natural disaster prevention and control, including:

a/ Telephones;

b/ Computers;

c/ Fax machines;

d/ Radio devices;

dd/ Television devices;

e/ Automatic observation and information transmission equipment;

g/ Other communication means and tools.

4. Based on the requirements and tasks for prevention and control of natural disasters, ministries, ministerial-level agencies, government-attached agencies and People’s Committees of all levels shall formulate plans on building and purchase of communication equipment, submit them to competent authorities for approval, and build, purchase, manage and use communication equipment in accordance with law.

Section 2

ASSIGNMENT AND DECENTRALIZATION OF RESPONSIBILITIES AND COORDINATION IN NATURAL DISASTER RESPONSE

Article 6.Levels of natural disaster risks

Natural disaster risks shall be classified into 5 ascending levels, comprising level 1, level 2, level 3 and level 4 and level 5 (state of emergency). The Prime Minister shall provide in detail levels of natural disaster risks.

Article 7.Assignment and decentralization of responsibilities and coordination in response to level-1 natural disasters

1. Chairpersons of commune-level People’s Committees and heads of commune-level commanding committees for natural disaster prevention and control and search and rescue shall directly command, and mobilize on-the-spot resources for, prompt response to natural disasters upon their occurrence; report to, and implement directions and commands of, superior natural disaster prevention and control agencies.

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

a/ Militia and self-defense forces, youths, local organizations and individuals and voluntary organizations and individuals;

b/ Reserve supplies prepared by the people, and supplies, equipment and means of communes and local organizations and individuals.

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

4. In cases falling beyond the response capacity of the commune level, commune-level People’s Committee chairpersons may request support from district-level People’s Committees and commanding committees for natural disaster prevention and control and search and rescue.

5. District-level People’s Committee chairpersons, heads of district-level commanding committees for natural disaster prevention and control and search and rescue shall directly command and mobilize resources under their competence to respond to level-1 natural disasters which hit two or more communes or when they receive requests for support from commune-level People’s Committee chairpersons, and implement commands and directions of superior commanding agencies in charge of natural disaster prevention and control.

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

a/ Militia and self-defense forces, youths,  local organizations and individuals and voluntary organizations and individuals;

b/ Supplies, equipment and means of districts and local organizations and individuals.

Article 8.Assignment and decentralization of responsibilities and coordination in response to level-2 natural disasters

1. Chairpersons of provincial-level People’s Committees and heads of provincial-level commanding committees for natural disaster prevention and control and search and rescue shall command localities and local agencies and units to respond to natural disasters, mobilize resources under their competence to promptly and properly respond to natural disaster developments in their localities, and report to, and implement commands and directions of, the Prime Minister, the Central Steering Committee for Natural Disaster Prevention and Control and the National Committee for Search and Rescue.

2. Chairpersons of provincial-level People’s Committees may mobilize the following resources for natural disaster response:

a/ Militia and self-defense forces, youths, local organizations, individuals and search and rescue, fisheries control and armed forces, and voluntary organizations and individuals;

b/ Supplies, equipment and means of provinces, and reserve supplies for natural disaster prevention and control and those of local organizations and individuals.

3. Chairpersons of People’s Committees and heads of commanding committees for natural disaster prevention and control and search and rescue at district and commune levels shall perform the tasks specified in Article 7, observe commands of superior agencies, guide and evacuate residents to safe places; chairpersons of district-level People’s Committees shall organize coercive evacuation when organizations or individuals fail to voluntarily obey evacuation directions, commands and guidance for natural disaster prevention and control for the sake of safety for people.

4. In cases falling beyond the responding capacity of provinces, chairpersons of provincial-level People’s Committees and heads of provincial-level commanding committees for natural disaster prevention and control and search and rescue may report to and request support from the Central Steering Committee for Natural Disaster Prevention and Control and the National Committee for Search and Rescue.

5. The Central Steering Committee for Natural Disaster Prevention and Control shall coordinate with the National Committee for Search and Rescue in mobilizing resources to support natural disasters response when receiving requests from chairpersons of provincial-level People’s Committees and heads of provincial-level commanding committees for natural disaster prevention and control and search and rescue. Local forces participating in natural disaster prevention and control shall observe commands of provincial-level People’s Committee chairpersons or authorized persons.

Article 9.Assignment and decentralization of responsibilities and coordination in response to level-3 natural disasters

1. The Central Steering Committee for Natural Disaster Prevention and Control shall direct localities, ministries, ministerial-level agencies and government-attached agencies in taking natural disaster response measures; decide on urgent measures and mobilize resources under their competence to assist localities in responding to natural disasters when necessary.

2. Based on each practical circumstance, the National Committee for Search and Rescue shall arrange forces and means for, and coordinate, natural disaster response activities.

3. The commanding committees for natural disaster prevention and control and search and rescue of ministries, ministerial-level agencies and government-attached agencies shall take natural disaster response measures under their management, and, concurrently participate in natural disaster response under the direction and mobilization of the Central Steering Committee for Natural Disaster Prevention and Control and the National Committee for Search and Rescue.

4. Chairpersons of provincial-level People’s Committees and heads of provincial-level commanding committees for natural disaster prevention and control and search and rescue shall command and mobilize resources under their competence and take measures to respond to natural disasters in their provinces.

5. Chairpersons of People’s Committees and heads of commanding committees for natural disaster prevention and control and search and rescue at district and commune levels shall perform the tasks specified in Clause 3, Article 8 of this Decree suitable to specific situations in their localities; and observe directions and commands of superior agencies.

6. In case natural disasters occur beyond level 3 or are likely to cause serious damages, the Central Steering Committee for Natural Disaster Prevention and Control shall report them to the Prime Minister for direction.

Article 10.Assignment and decentralization of responsibilities and coordination in response to level-4 natural disasters

1. The Prime Minister shall direct ministries, ministerial-level agencies, government-attached agencies and related localities in taking natural disaster response measures.

2.  The Central Steering Committee for Natural Disaster Prevention and Control shall advise the Government and the Prime Minister on natural disaster response measures.

3. The National Committee for Search and Rescue shall arrange forces for  natural disaster response and coordinate natural disaster response activities under the direction of the Prime Minister.

4. Ministers, heads of ministerial-level agencies and heads of government-attached agencies shall take natural disaster response measures under their management, and concurrently participate in natural disaster response under the direction and mobilization of the Prime Minister, the Central Steering Committee for Natural Disaster Prevention and Control and the National Committee for Search and Rescue.

5. Chairpersons of provincial-level People’s Committees and provincial-level commanding committees for natural disaster prevention and control and search and rescue shall direct and mobilize resources under their competence, take natural disaster response measures in their localities and observe directions of the Prime Minister, the Central Steering Committee for Natural Disaster Prevention and Control and the National Committee for Search and Rescue.

6. Chairpersons of district- and commune-level People’s Committees and heads of district- and commune-level commanding committees for natural disaster prevention and control and search and rescue shall perform the tasks specified in Clause 3, Article 8 of this Decree suitable to local practical situations and observe directions and commands of superior agencies.

Article 11.Assignment and decentralization of responsibilities and coordination in response to state of emergency due to natural disasters

1. In case a natural disaster’s severity exceeds level 4, the Prime Minister shall propose the President to promulgate a state of emergency due to natural disasters.

2. The assignment and decentralization of responsibilities and coordination in response to a state of emergency due to natural disasters must comply with the law on state of emergency.

Section 3

MOBILIZATION, FUNDRAISING AND DISTRIBUTION OF RESOURCES FOR RELIEF AND SUPPORT TO REMEDY NATURAL DISASTER CONSEQUENCES

Article 12.Mobilization and distribution of resources for support to remedy natural disaster consequences

1. People’s Committees of all levels may decide to use local budget reserves and other local resources to remedy natural disaster consequences in their localities.

2. Chairpersons of provincial-level People’s Committees may decide to use natural disaster prevention and control funds to remedy natural disaster consequences according to regulations on natural disaster prevention and control funds.

3. Ministers, heads of ministerial-level agencies and heads of government-attached agencies shall, within the ambit of their functions and powers, allocate resources to remedy natural disaster consequences under their management and assist localities in remedying natural disaster consequences.

4. The Chairperson of the Central Steering Committee for Natural Disaster Prevention and Control shall sum up damages and needs for relief, propose the Prime Minister to use central budget reserves, supplies, equipment, means and goods of national reserves or other lawful resources to assist localities, ministries, ministerial-level agencies and government-attached agencies in remedying natural resource consequences;

5. The Prime Minister may decide to use central budget reserves; allocate national reserve goods and mobilize other lawful resources to assist localities, ministries, ministerial-level agencies and governmental-attached agencies in remedying natural disaster consequences according to the laws on state budget and national reserves.

6. Upon receiving resources supported from the State, People’s Committees of all levels shall promptly distribute them to proper beneficiaries and direct the remediation of natural disasters in their localities.

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

Article 13.Mobilization, fundraising and distribution of resources from the community

The mobilization, fundraising and allocation of resources from the community must comply with the law on mobilization, receipt, allocation and use of voluntary donation sources for remediation of natural disasters consequences, and the laws on operations of the Vietnam Fatherland Front and Vietnam Red Cross Society.

Section 4

RIGHTS AND OBLIGATIONS OF FOREIGN ORGANIZATIONS AND INDIVIDUALS AND INTERNATIONAL ORGANIZATIONS PARTICIPATING IN RESPONSE TO AND REMEDIATION OF CONSEQUENCES OF NATURAL DISASTERS IN VIETNAM

Article 14.Duties and fees for import and export of means, equipment and goods serving emergency relief, search and rescue, relief and support for natural disaster victims

Foreign organizations and individuals and international organizations that participate in the response to and remediation of consequences of natural disasters in Vietnam and import or re-export means, equipment and goods to serve emergency relief, search and rescue, relief and support for natural disaster victims are exempted from import and export duties and fees prescribed at Point a, Clause 1, Article 41 of the Law on Natural Disaster Prevention and Control. Such means, equipment and goods shall be taxed in accordance with Vietnamese law if they are used for other purposes in Vietnam.

Article 15.Registration of operations of response to and remediation of consequences of natural disasters in Vietnam

1. The standing body of the Central Steering Committee for Natural Disaster Prevention and Control shall act as the focal point for receiving registrations; transfer registration dossiers to competent agencies for consideration and grant of permits; and notify the results of registration of operations of response to and remediation of consequences of natural disasters in Vietnam to registering foreign organizations and individuals and international organizations.
2. Licensing agencies shall guide registration procedures and order and grant permits for persons, means, equipment and goods of organizations and individuals registering to participate in the response to and remediation of consequences of natural disasters in Vietnam upon receiving registration dossiers, and send the results to the focal point.

Article 16.Entry and exit; import and export procedures for means, equipment and goods serving search and rescue and relief and support for natural disaster victims

1. Persons permitted to enter Vietnam for natural disaster response and consequence remediation may carry out entry and exit procedures at priority gates at airports, seaports and land border gates; persons engaged in urgent response may be granted visas at border gates.

2. After completion of operations of search and rescue, relief and support for natural disaster victims, means, equipment and goods permitted for import for re-export may have customs procedures cleared at priority gates at airports, seaports and land border gates.

Article 17.Stay of foreigners engaged in response to and remediation of consequences of natural disasters in Vietnam

1. Persons permitted to enter Vietnam for natural disaster response and consequence remediation shall be provided with guidance on accommodation, work and temporary residence procedures suitable to specific conditions.

2. Agencies and localities receiving support shall guide procedures for registration of temporary residence, accommodation and work for individuals and organizations entering Vietnam for response to and remediation of consequences of natural disasters.

Section 5

ORGANIZATIONAL STRUCTURE AND TASKS OF STEERING AND COMMANDING COMMITTEES FOR NATURAL DISASTER PREVENTION AND CONTROL AND MECHANISM OF COORDINATION BETWEEN THE CENTRAL STEERING COMMITTEE FOR NATURAL DISASTER PREVENTION AND CONTROL AND THE NATIONAL COMMITTEE FOR SEARCH AND RESCUE

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

1. The Central Steering Committee for Natural Disaster Prevention and Control shall be established by the Prime Minister, acting as the inter-sectoral coordinator assisting the Government and the Prime Minister in organizing, directing and administering the prevention of, response to, and remediation of consequences of, natural disasters nationwide. The Central Steering Committee for Natural Disaster Prevention and Control may use the national emblem-bearing seal to discharge its tasks. Members of the Committee shall work on a part-time basis.

2. The Central Steering Committee for Natural Disaster Prevention and Control comprises the following members:

a/ The Minister of Agriculture and Rural Development as the Chairperson;

b/ A Deputy Minister of Agriculture and Rural Development as the permanent Vice Chairperson;

c/ A Vice Chairperson of the Government Office as a Vice Chairperson;

d/ The Permanent Vice Chairperson of the National Committee for Search and Rescue as a Vice Chairperson;

dd/ Leaders of ministries, ministerial-level agencies and government-attached agencies of Agriculture and Rural Development; Natural Resources and Environment; National Defense; Public Security; Information and Communications; Industry and Trade; Transport; Construction; Education and Training; Health; Culture, Sports and Tourism; Foreign Affairs; Labor, War Invalids and Social Affairs; Science and Technology; Planning and Investment; Finance; Vietnam Television; and Voice of Vietnam; heads of a number of units of the Ministry of Agriculture and Rural Development, the Ministry of Natural Resources and Environment, the Ministry of National Defense, the National Committee for Search and Rescue, and the Academy of Science and Technology of Vietnam, as members;

e/ Based on work requirements, the Chairperson of the Central Steering Committee for Natural Disaster Prevention and Control may invite leaders of the Vietnam Fatherland Front Central Committee, the Central Women’s Union, the Central Ho Chi Minh Communist Youth Union, the Central Vietnam Red Cross Society and other related organizations to join the Central Steering Committee for Natural Disaster Prevention and Control.

3. The Ministry of Agriculture and Rural Development shall act as the standing body of the Central Steering Committee for Natural Disaster Prevention and Control, performing the state management of natural disaster prevention and control. The Ministry shall establish a specialized unit as the standing office of the Central Steering Committee for Natural Disaster Prevention and Control, which has its own seal and funds and may open accounts at the State Treasury for operation. The Minister of Agriculture and Rural Development shall define the functions and tasks of the Standing Office of the Central Steering Committee for Natural Disaster Prevention and Control.

4. Tasks of the Central Steering Committee for Natural Disaster Prevention and Control:

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

b/ To guide the formulation of plans on response to natural disasters;

c/ To direct and coordinate the response to, and remediation of consequences of, natural disasters nationwide: to direct the response to natural disasters of levels 3 and 4; to coordinate and support localities in responding to natural disasters of levels 1 and 2;

d/ To decide on urgent measures, and mobilize resources of ministries, ministerial-level agencies, government-attached agencies, organizations and individuals, to respond to, and remedy consequences of, natural disasters in accordance with the Law on Natural Disaster Prevention and Control and this Decree;

dd/ To direct the making of statistics on damages and needs for relief of localities, ministries, ministerial-level agencies and government-attached agencies, and propose the Government or the Prime Minister to decide on measures and resources for remediation of consequences of natural disasters nationwide;

e/ To examine and urge ministries, sectors and localities in carrying out natural disaster prevention and control activities.

Article 19.Organization and tasks of commanding committees for natural disaster prevention and control and search and rescue of ministries, ministerial-level agencies and government-attached agencies

1. The Ministries of National Defense; Public Security; Transport; Construction; Industry and Trade; Finance; Natural Resources and Environment; Information and Communications; Health, Education and Training; and Labor, War Invalids and Social Affairs shall establish ministerial-level commanding committees for natural disaster prevention and control and search and rescue with ministerial leaders as chairpersons.

a/ Based on requirements and tasks, ministerial-level commanding committees for natural disaster prevention and control and search and rescue may establish a standing body to advise ministries in performing the management of natural disasters and search and rescue within the scopes of their ministries;

b/ Ministerial-level commanding committees for natural disaster prevention and control and search and rescue may use the ministries’ seals; their standing bodies have their own seals, funds and accounts for operation and are based at the ministries’ offices;

c/ Based on requirements and tasks of natural disaster prevention and control and search and rescue, ministers shall decide on the establishment of commanding committees for natural disaster prevention and control and search and rescue  of their units.

2. Tasks of a ministerial-level commanding committee for natural disaster prevention and control and search and rescue:

a/ To advise and assist the minister in conducting natural disaster prevention and control and search and rescue under their management;

b/ To coordinate with other ministries, ministerial-level agencies and localities in discharging natural disaster prevention and control and search and rescue tasks nationwide under the direction of the Prime Minister, the Central Steering Committee for Natural Disaster Prevention and Control and the National Committee for Search and Rescue;

c/ To decide on urgent measures and mobilize according to its competence the ministry’s resources for response to and remediation of consequences of natural disasters and search and rescue under their management and for support of localities.

3. Ministries, ministerial-level agencies and government-attached agencies (other than the ministries prescribed in Clause 1 of this Article) shall, based on their assigned tasks, decide on the establishment of ministerial-level commanding committees for natural disaster prevention and control and search and rescue or assign a department-level functional agency to advise ministers and heads of agencies in natural disaster prevention and control and search and rescue within the scope of their management.

Article 20.Organization and tasks of provincial-level commanding committees for natural disaster prevention and control and search and rescue

1. Chairpersons of provincial-level People’s Committees shall establish provincial-level commanding committees for natural disaster prevention and control and search and rescue  to advise and assist provincial-level People’s Committees in managing, commanding and administering natural disaster prevention and control and search and rescue activities in their localities. Provincial-level commanding committees for natural disaster prevention and control and search and rescue have their own seals, funds and accounts for operation.

2. A provincial-level commanding committee for natural disaster prevention and control and search and rescue comprises the following members:

a/ The provincial-level People’s Committee chairperson as the committee chairperson;

b/ A provincial-level People’s Committee vice chairperson as the permanent vice chairperson;

c/ The provincial-level Agriculture and Rural Development Department director as a vice chairperson in charge of natural disaster prevention and control;

d/ The commander of the provincial-level military command as a vice chairperson in charge of natural disaster relief and rescue;

dd/ The commander of the provincial-level Border Guard, leaders of provincial-level departments and local agencies involved in natural disaster prevention and control and search and rescue as members; the chairperson of the provincial-level commanding committee for natural disaster prevention and control and search and rescue may invite leaders of the provincial-level Fatherland Front, Women’s Union, Youth Union and Red Cross Society to join the provincial-level commanding committee for natural disaster prevention and control and search and rescue.

3. The provincial-level Department of Agriculture and Rural Development shall act as the standing body of the provincial-level commanding committee for natural disaster prevention and control and search and rescue.

Based on local practical conditions, the provincial-level People’s Committee chairperson may decide to establish a specialized section under the provincial-level Department of Agriculture and Rural Development as the standing office of the commanding committee for natural disaster prevention and control and search and rescue.

4. Tasks of a provincial-level commanding committee for natural disaster prevention and control and search and rescue:

a/ To advise and assist the provincial-level People’s Committee in discharging the natural disaster prevention and control tasks prescribed in Clause 1, Article 43 of the Law on Natural Disaster Prevention and Control;

b/ To formulate and approve plans and projects on response to natural disasters;

c/ To command the response to, and search and rescue in, natural disasters in the locality;

d/ To examine and urge provincial-level departments and local agencies in discharging natural disaster prevention and control tasks.

Article 21.Organization and tasks of a district-level commanding committee for natural disaster prevention and control and search and rescue

1. The district-level People’s Committee chairperson shall establish the district-level commanding committee for natural disaster prevention and control and search and rescue to advise and assist the district-level People’s Committee in examining, urging, commanding and administering natural disaster prevention and control and search and rescue work in the locality. The district-level commanding committee for natural disaster prevention and control and search and rescue has its own seals, accounts and funds for operation.

2. Members of a district-level commanding committee for natural disaster prevention and control and search and rescue include:

a/ The Chairperson of the district-level People’s Committee as the committee chairperson;

b/ A vice chairperson of the district-level People’s Committee as the permanent vice chairperson;

c/ The district-level police chief and the commander of the district-level military command as vice chairpersons;

d/ Leaders of district-level sections and local agencies involved in natural disaster prevention and control and search and rescue as members; based on specific requirements of the district, the district-level People’s Committee chairperson may invite leaders of the district-level Fatherland Front, Women’s Union, Youth Union and Red Cross Society to join the district-level commanding committee for natural disaster prevention and control and search and rescue.

3. Based on the local practical conditions, the district-level People’s Committee chairperson shall assign a professional division under the district-level People’s Committee to act as the standing office.

4. Tasks of a district-level commanding committee for natural disaster prevention and control and search and rescue:

a/ To advise and assist the district-level People’s Committee in discharging the natural disaster prevention and control tasks prescribed in Clause 1, Article 43 of the Law on Natural Disaster Prevention and Control;

b/ To formulate and approve local plans and projects on response to natural disasters;

c/ To command and organize the response to, and search and rescue in, natural disasters within the district;

d/ To examine and urge local agencies and units in discharging natural disaster prevention and control tasks.

Article 22.Organization and tasks of a commune-level commanding committee for natural disaster prevention and control and search and rescue

1. The commune-level People’s Committee chairperson shall establish the commune-level commanding committee for natural disaster prevention and control and search and rescue to advise and assist the commune-level People’s Committee in examining, urging, commanding and administering the natural disaster prevention and control work within the locality.

2. Members of a commune-level commanding committee for natural disaster prevention and control and search and rescue include:

a/ The chairperson of the commune-level People’s Committee as the committee chairperson;

b/ A vice chairperson of the commune-level People’s Committee as the permanent vice chairperson;

c/ The commune-level police chief and the commander of the commune-level military command as vice chairpersons;

d/ Irrigation and agriculture officers and heads of commune-level political and mass organizations as members.

3. The commune-level commanding committee for natural disaster prevention and control and search and rescue is based at the commune-level People’s Committee office. It may use the seal of the commune-level People’s Committee and professional staff of the commune-level People’s Committee to act as the standing body, and is allocated funds for operation.

4. Tasks of a commune-level commanding committee for natural disaster prevention and control and search and rescue:

a/ To advise and assist the commune-level People’s Committee in performing  the natural disaster prevention and control tasks prescribed in Clause 2, Article 43 of the Law on Natural Disaster Prevention and Control;

b/ To transmit superior authorities’ directions and commands on response to natural disaster to the community;

c/ To command the response to, and search and rescue in, natural disasters within the commune;

d/ To formulate and approve local plans and projects on response to natural disasters;

dd/ To examine and urge local organizations and individuals in discharging natural disaster prevention and control tasks.

Article 23.Mechanism of coordination between the Central Steering Committee for Natural Disaster Prevention and Control and the National Committee for Search and Rescue

1. The Central Steering Committee for Natural Disaster Prevention and Control shall assume the prime responsibility for, and coordinate with the National Committee for Search and Rescue in, issuing written directions for response to specific natural disaster circumstances.

2. The Central Steering Committee for Natural Disaster Prevention and Control and the National Committee for Search and Rescue shall proactively notify each other of accidents or incidents occurring during natural disasters, coordinate in handling those accidents or incidents immediately after being notified, and reach agreement on measures and mobilize manpower, means, supplies and equipment to respond to natural disasters.

3. The Central Steering Committee for Natural Disaster Prevention and Control shall take the prime responsibility for mobilizing resources to respond to, and remedy consequences of, natural disasters, and coordinate with the National Committee for Search and Rescue in mobilizing and coordinating search and rescue forces to conduct search and rescue in natural disasters.

4. The Central Steering Committee for Natural Disaster Prevention and Control shall reach agreement with the National Committee for Search and Rescue on the contents of search and rescue support to be sought from foreign countries in serious natural disasters before reporting them to the Prime Minister for decision.

Chapter III

IMPLEMENTATION PROVISIONS

Article 24.Effect

1. This Decree takes effect on August 20, 2014.

2. This Decree replaces the Government’s Decree No. 08/2006/ND-CP of January 16, 2006, detailing a number of articles of the Ordinance on Prevention and Control of Floods and Storms which was amended and supplemented on August 24, 2000, and Decree No. 14/2010/ND-CP of February 27, 2010, on the organization, tasks, powers and mechanism of coordination of the Central Steering Committee for Prevention and Control of Floods and Storms, and commanding committees for prevention and control of floods and storms and search and rescue of ministries, sectors and localities.

Article 25.Implementation responsibilities

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

On behalf of the Government
Prime Minister
NGUYEN TAN DUNG