THE GOVERNMENT | | THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness |
No. 66/2021/ND-CP | | Hanoi, July 6, 2021 |
DECREE
Detailing a number of articles of the Law on Natural Disaster Prevention and Control and the Law Amending and Supplementing a Number of Articles of the Law on Natural Disaster Prevention and Control and the Law on Dikes[1]
Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;
Pursuant to the June 19, 2013 Law on Natural Disaster Prevention and Control; and the June 17, 2020 Law Amending and Supplementing Number of Articles of the Law on Natural Disaster Prevention and Control and the Law on Dikes;
Pursuant to the June 18, 2014 Construction Law; and the June 17, 2020 Law Amending and Supplementing a Number of Articles of the Construction Law;
Pursuant to the June 25, 2015 Law on the State Budget;
Pursuant the June 13, 2019 Law on Public Investment;
Pursuant to the December 9, 2020 Ordinance on Preferential Treatment toward People with Meritorious Services to the Revolution;
At the proposal of the Minister of Agriculture and Rural Development;
The Government promulgates the Decree detailing a number of articles of the Law on Natural Disaster Prevention and Control and the Law Amending and Supplementing a Number of Articles of the Law on Natural Disaster Prevention and Control and the Law on Dikes.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Decree details a number of articles of the Law on Natural Disaster Prevention and Control, regarding responsibilities for transmitting news, frequency and time of broadcasting news, information networks, equipment and devices serving the direction and command of natural disaster response activities; assignment and delegation of responsibilities and coordination in natural disaster response; natural disaster emergency circumstances, types of emergency projects for natural disaster prevention and control and consequence remediation; natural disaster consequence remediation activities; mobilization, donation and distribution of resources for provision of relief and support to remediate consequences of natural disasters; rights and obligations of foreign organizations and individuals and international organizations participating in natural disaster response and consequence remediation in Vietnam; organizational structures and tasks of agencies directing and commanding natural disaster prevention and control activities and the mechanism on coordination between the National Steering Committee for Natural Disaster Prevention and Control and the National Committee for Incident and Disaster Response and Search and Rescue; and regimes and policies applicable to commune-level natural disaster preparedness forces.
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 participating in natural disaster prevention and control activities in Vietnam.
Chapter II
SPECIFIC PROVISIONS
Section 1
RESPONSIBILITIES FOR TRANSMITTING NEWS, FREQUENCY AND TIME OF BROADCASTING NEWS, INFORMATION NETWORKS, EQUIPMENT AND DEVICES SERVING THE DIRECTION AND COMMAND OF NATURAL DISASTER RESPONSE ACTIVITIES
Article 3. Agencies in charge of transmitting news
1. The Vietnam Television, Voice of Vietnam, Vietnam News Agency, coastal information systems, radio and television stations of provinces and centrally run cities, and news and press agencies shall broadcast/publish directives on natural disaster response of the Prime Minister, the National Steering Committee for Natural Disaster Prevention and Control and the National Committee for Incident and Disaster Response and Search and Rescue.
2. People’s Committees of all levels shall direct and organize the timely and accurate dissemination of disaster forecasting and warning bulletins and directives and commands on natural disaster response of the Prime Minister, National Steering Committee for Natural Disaster Prevention and Control, National Committee for Incident and Disaster Response and Search and Rescue, and Natural Disaster Preparedness and Search and Rescue Commanding Committees of superior level and the same level in the localities.
3. Ministries, ministerial-level agencies and government-attached agencies shall direct specialized information systems to broadcast news relating to natural disaster prevention and control in the fields under their management.
4. The Ministry of Information and Communications shall assume the prime responsibility for, and coordinate with the Ministry of Agriculture and Rural Development and Ministry of Natural Resources and Environment in, guiding, or proposing competent agencies to issue documents guiding, the giving of priority to sending of disaster forecasting and warning messages in natural disaster emergency circumstances.
Article 4. Frequency and time of broadcasting news on direction and command of natural disaster response
1. The Vietnam Television, Voice of Vietnam, Vietnam News Agency, coastal information station systems, radio and television stations of provinces and centrally run cities, news and press agencies and specialized information systems shall broadcast/publish contents of directives on natural disaster response of the Prime Minister, National Steering Committee for Natural Disaster Prevention and Control and National Committee for Incident and Disaster Response and Search and Rescue right after receiving these directives and re-broadcast/re-publish them at least once every 3 hours, in cases of natural disasters of up to level 3, or once every hour, in cases of natural disasters of a level higher than level 3, and prioritize the broadcasting/publishing of news in natural disaster emergency circumstances at the request of the Natural Steering Committee for Natural Disaster Prevention and Control until new directives are issued or natural disaster response activities have been carried out or there are changes in development of natural disasters, making them no longer exert impacts.
2. The time of broadcasting news on direction and command of natural disaster response includes the time for broadcasting full contents of directives and commands on natural disaster response of competent agencies and disaster forecasting and warning bulletins, stating changes in the contents of directives and commands and updating developments of natural disasters and natural disaster response activities.
3. Radio and television stations at all levels shall broadcast natural disaster response commands of Natural Disaster Preparedness and Search and Rescue Commanding Committees of the same level, and directives and commands of superior agencies right after receiving them and re-broadcast them at the request of Natural Disaster Preparedness and Search and Rescue Commanding Committees of the same level in conformity with developments of natural disasters and natural disaster response activities of localities.
Upon occurrence of natural disasters of level 2, 3 or 4 in localities, the frequency of broadcasting news must comply with requests of Natural Disaster Preparedness and Search and Rescue Commanding Committees of the same level or higher level.
4. Natural Disaster Preparedness and Search and Rescue Commanding Committees of all levels shall guide in detail the contents of, and frequency and time of broadcasting, news on command of natural disaster response on information systems in their respective localities. In localities without radio, public addressing and television systems, traditional devices, instruments and local conventional commands shall be used to inform the situation to households affected by natural disasters.
Article 5. Information networks, equipment and devices serving the direction and command of natural disaster response activities
1. Public information networks serving the direction and command of disaster prevention and control activities include:
a/ Fixed land and satellite telecommunications networks;
b/ Mobile land and satellite telecommunications networks;
c/ Radio and television transmission and broadcasting networks;
d/ Public postal networks.
2. Specialized information systems include:
a/ Hotlines in direct service of the direction and command of natural disaster prevention and control activities;
b/ Special-use telecommunications networks for Party and State agencies, natural defense and public security, and natural disaster prevention and control; special-use cars serving natural disaster prevention and control information work;
c/ Postal networks for Party and State agencies, natural defense and public security;
d/ Private-use telecommunications networks, postal networks of other agencies, organizations and enterprises;
dd/ Tsunami and tsunami and other natural disaster warning systems;
e/ Information systems providing warnings from specialized monitoring systems.
3. Information devices serving the direction and command of natural disaster prevention and control activities include:
a/ Fixed-line, mobile and satellite telephones;
b/ Computers;
c/ Fax machines;
d/ Radio broadcasting devices;
dd/ Television broadcasting devices;
e/ Automated information transmission monitoring devices;
g/ Public information networks, automated specialized information transmission monitoring devices; early warning systems;
h/ Other information equipment and devices.
4. Based on natural disaster prevention and control requirements and tasks, ministries, ministerial-level agencies, government-attached agencies and People’s Committees at all levels shall formulate plans and procure information equipment and devices; submit such plans to competent authorities for approval; and organize the building, procurement, management and use of these equipment and devices in accordance with law.
Section 2
ASSIGNMENT AND DELEGATION OF RESPONSIBILITIES AND COORDINATION IN NATURAL DISASTER RESPONSE ACTIVITIES
Article 6. Levels of natural disaster risks
Natural disaster risks are classified into 5 ascending levels, including: level 1, level 2, level 3, level 4 and level 5 (state of natural disaster emergency). The Prime Minister shall specify levels of natural disaster risks.
Article 7. Assignment and delegation of responsibilities for and coordination in responding to level-1 natural disaster risks
1. Commune-level People’s Committees shall personally command and mobilize on-the-spot resources so as to timely respond to natural disasters once they occur; support natural disaster response activities of surrounding localities when so requested; report to, and be held responsible for implementing directives and commands of, superior-level natural disaster prevention and control agencies; and at the same time, may mobilize the following resources for natural disaster response:
a/ Commune-level natural disaster preparedness forces, militia and self-defense forces, the youth, and organizations and individuals in their localities and volunteer organizations and individuals;
b/ Reserve supplies of the people and supplies, equipment, devices and vehicles of commune-level authorities and organizations and individuals in their localities.
2. Forces participating in natural disaster response activities in communes shall closely coordinate with one another under the command of commune-level People’s Committee chairpersons or authorized persons.
3. For cases falling beyond the capacity of commune-level authorities, commune-level People’s Committee chairpersons shall request district-level People’s Committees to render support.
4. District-level People’s Committee chairpersons shall personally command and mobilize resources according to their competence for natural disaster response upon occurrence of level-1 natural disasters affecting 2 or more communes or when receiving requests for support from commune-level People’s Committee chairpersons; and be held responsible for implementation of commands and directives of superior-level natural disaster prevention and control agencies.
5. District-level People’s Committee chairpersons may mobilize the following resources for natural disaster response:
a/ Army, public security, and militia and self-defense forces, the youth, and organizations and individuals in their localities and volunteer organizations and individuals in accordance with law;
b/ Supplies, equipment, devices and vehicles of district-level authorities and organizations and individuals in their localities.
6. Forces participating in natural disaster response activities in districts shall closely coordinate with one another under the command of district-level People’s Committee chairpersons or authorized persons.
Article 8. Assignment and delegation of responsibilities for and coordination in responding to level-2 natural disaster risks
1. Provincial-level People’s Committee chairpersons shall command localities, agencies, and units in their localities to implement natural disaster response activities; mobilize resources according to their competence to timely respond to natural disasters in conformity with developments of natural disasters in their localities; report to, and be held responsible for implementing directives of, the Prime Minister, National Steering Committee for Natural Disaster Prevention and Control, and National Committee for Incident and Disaster Response and Search and Rescue.
2. Provincial-level People’s Committee chairpersons may mobilize the following resources for natural disaster response:
a/ Army, public security and militia and self-defense forces, the youth, organizations and individuals, search and rescue forces, fisheries surveillance forces, and volunteer organizations and individuals;
b/ Supplies, equipment, devices and vehicles of provincial-level authorities, reserve supplies for natural disaster prevention and control, and supplies, equipment, devices and vehicles of organizations and individuals in their localities.
3. District- and commune-level People’s Committee chairpersons shall organize the performance of the tasks specified in Article 7; obey the command of superior-level agencies; guide and organize the evacuation of people to safe places. District-level People’s Committee chairpersons shall decide to organize forced evacuation in case organizations and individuals fail to obey evacuation directives, commands and guidelines for natural disaster prevention so as to ensure safety for people.
4. For cases falling beyond the capacity of provincial-level authorities, provincial-level People’s Committee chairpersons shall report the cases and request the National Steering Committee for Natural Disaster Prevention and Control and National Committee for Incident and Disaster Response and Search and Rescue to render support.
5. The National Steering Committee for Natural Disaster Prevention and Control shall assume the prime responsibility for, and coordinate with the National Committee for Incident and Disaster Response and Search and Rescue in, directly directing and administering or mobilizing resources so as to support natural disaster response activities upon occurrence of complicated natural disaster circumstances, threatening to cause serious consequences, or when receiving requests for support from People’s Committee chairpersons. Forces participating in natural disaster prevention and control activities at localities shall closely coordinate with one another and follow the command of provincial-level People’s Committee chairpersons or authorized persons.
Article 9. Assignment and delegation of responsibilities for and coordination in responding to level-3 natural disaster risks
1. The National Steering Committee for Natural Disaster Prevention and Control shall direct localities, ministries, ministerial-level agencies and government-attached agencies to implement natural disaster response measures; decide on urgent measures and mobilize resources according to its competence to support localities to respond to natural disasters when requested.
2. The National Committee for Incident and Disaster Response and Search and Rescue shall, based on specific circumstances, assume the prime responsibility for, and coordinate with ministries, sectors and localities in, directing and preparing forces and vehicles to be ready for serving search and rescue work and participate in the coordination of natural disaster response activities.
3. Natural Disaster Preparedness and Search and Rescue Commanding Committees of ministries, ministerial-level agencies and government-attached agencies shall implement natural disaster response measures in the areas under their management and, at the same time, participate in natural disaster response activities under the direction and mobilization of the National Steering Committee for Natural Disaster Prevention and Control and National Committee for Incident and Disaster Response and Search and Rescue.
4. Provincial-level People’s Committee chairpersons shall mobilize resources according to their competence and command the application of natural disaster response measures in their localities.
5. District- and commune-level People’s Committee chairpersons shall perform their tasks specified in Clause 3, Article 8 of this Decree in conformity with specific circumstances in their localities; and obey the direction and command of superior-level agencies.
6. In case of natural disaster risks of a level higher than level 3 or natural disasters with complicated developments, threatening to cause serious consequences, the National Steering Committee for Natural Disaster Prevention and Control shall report to the Prime Minister for the latter to personally direct natural disaster response activities.
Article 10. Assignment and delegation of responsibilities for and coordination in responding to level-4 natural disaster risks
1. The Prime Minister shall direct ministries, ministerial-level agencies, government-attached agencies and related localities to implement natural disaster response measures.
2. The National Steering Committee for Natural Disaster Prevention and Control shall advise the Government and Prime Minister on natural disaster response measures; advise on the formation of frontline steering boards to handle special circumstances and directly direct and administer natural disaster response activities at the scene.
3. The National Committee for Incident and Disaster Response and Search and Rescue shall assume the prime responsibility for, and coordinate with ministries, sectors and localities in, directing and preparing forces and vehicles to be ready for serving search and rescue work and participate in the coordination of natural disaster response activities.
4. Ministers and heads of ministerial-level agencies and government-attached agencies shall implement natural disaster response measures within the scope of their management and, at the same time, participate in natural disaster response activities under the direction and mobilization of the Prime Minister, National Steering Committee for Natural Disaster Prevention and Control, and National Committee for Incident and Disaster Response and Search and Rescue.
5. Provincial-level People’s Committee chairpersons shall command and mobilize resources according to their competence to implement natural disaster response measures in their localities and obey the direction of the Prime Minister, National Steering Committee for Natural Disaster Prevention and Control, and National Committee for Incident and Disaster Response and Search and Rescue.
6. District- and commune-level People’s Committee chairpersons shall perform their tasks specified in Clause 3, Article 8 of this Decree in conformity with specific circumstances in their localities; and obey the direction and command of superior-level agencies.
Article 11. Assignment and delegation of responsibilities for and coordination in responding to the state of natural disaster emergency
1. Upon occurrence of natural disasters of a level higher than level 4, the National Steering Committee for Natural Disaster Prevention and Control shall report such to the Prime Minister for the latter to propose the President to declare the state of natural disaster emergency.
2. Assignment and delegation of responsibilities for and coordination in responding to the state of natural disaster emergency must comply with the law on state of emergency.
Section 3
NATURAL DISASTER EMERGENCY CIRCUMSTANCES; TYPES OF EMERGENCY PROJECTS FOR NATURAL DISASTER PREVENTION AND CONTROL AND CONSEQUENCE REMEDIATION
Article 12. Natural disaster emergency circumstances
1. Natural disaster emergency circumstances are natural disaster circumstances which have occurred or are occurring and have affected or are likely to directly threaten the safety of life, health, and housing of numerous people and dikes, dams, natural disaster prevention and control works, and important infrastructure facilities being in use such as aerodromes, railways, expressways, national highways, provincial roads, national ports, high-voltage power grids of 66KV or above, national-level historical relics, schools, and hospitals of district or higher level, working offices of district or higher level, economic zones, and industrial parks, for which emergency response measures need to be applied immediately so as to timely prevent consequences and quickly remediate consequences and which shall be declared under decisions of competent persons.
2. A decision declaring the natural disaster emergency circumstance must have the following contents:
a/ Developments and the scope of impacts of the natural disaster or incident; incident occurred to a natural disaster prevention and control work or construction work due to impacts of the natural disaster; degree of damage of the work; damage or possible damage, especially damage related to human safety;
b/ Emergency measures that need to be applied immediately to respond to and remediate consequences so as to prevent to the utmost damage caused by the natural disaster or incident;
c/ Assignment of responsibilities to related agencies and units to implement response and consequence remediation activities.
3. Competence and order of promulgating decisions declaring natural disaster emergency circumstances or ending of natural disaster emergency circumstances:
a/ Provincial-level People’s Committee chairpersons shall decide to declare the natural disaster emergency circumstances specified in Clause 1 of this Article which occur in the provincial-level areas under their management. Provincial-level Natural Disaster Preparedness and Search and Rescue Commanding Committees or specialized agencies shall advise provincial-level People’s Committee chairpersons to declare natural disaster emergency circumstances;
b/ Ministers and heads of ministerial-level agencies shall decide to declare the natural disaster emergency circumstances specified in Clause 1 of this Article which occur to works or infrastructure facilities under their management. Natural Disaster Preparedness and Search and Rescue Commanding Committees or specialized agencies under ministries or ministerial-level agencies shall advise ministers and heads of ministerial-level agencies to declare natural disaster emergency circumstances;
c/ In case of serious natural disasters which occur on a large scale and fall beyond the response and consequence remediation capacity of ministries, sectors and localities, the National Steering Committee for Natural Disaster Prevention and Control shall advise and propose the Prime Minister to consider and declare natural disaster emergency circumstances;
d/ Based on developments of natural disasters or results of incident remediation, advisory agencies shall propose competent persons to promulgate decisions declaring the ending of natural disaster emergency circumstances;
dd/ Responsibilities to respond to and remediate consequences of natural disasters in emergency circumstances must comply with the principles specified in Articles 7, 8, 9, 10 of this Decree and shall be assigned in decisions declaring natural disaster emergency circumstances. Ministers and heads of ministerial-level agencies shall coordinate with provincial-level People’s Committee chairpersons in preparing forces, supplies, vehicles, equipment and devices to respond to natural disaster emergency circumstances in the fields and sectors under their management.
4. Measures to be applied in emergency circumstances:
Provincial-level People’s Committee chairpersons, ministers, and heads of ministerial-level agencies shall mobilize resources to respond to emergency circumstances. Major measures include:
a/ Mobilizing forces, vehicles and resources for salvage and rescue activities; timely providing first aid to victims; quickly evacuating and relocating people from dangerous places; providing services to ensure people’s lives at evacuation places;
b/ Organizing the receipt, provision of emergency treatment, medical examination and treatment, allocation of free-of-charge drugs to people; mobilizing medical examination and treatment establishments to provide medical treatment to victims;
c/ Allocating food, foodstuffs and other essentials to people free of charge so as to help them treat the environment and prevent and control epidemics; providing clean water and stabilizing people’s lives in the process of natural disaster response and consequence remediation;
d/ Mobilizing all resources (including also resources from disaster management funds) to urgently handle incidents related to natural disaster prevention and control works or construction works due to natural disasters.
dd/ Other necessary measures;
e/ For cases falling beyond the capacity of ministries, sectors and localities, provincial-level People’s Committee chairpersons, ministers, and heads of ministerial-level agencies shall report them to the National Steering Committee for Natural Disaster Prevention and Control for proposing the Prime Minister to consider and render support according to competence.
Article 13. Emergency projects for natural disaster prevention and control and consequence remediation
1. Emergency projects for natural disaster prevention and control and consequence remediation are projects that need to be implemented to immediately remediate or timely handle consequences of natural disasters upon occurrence of natural disaster emergency circumstances or state of natural disaster emergency according to decisions of competent authorities.
2. The making of investment decision and organization of implementation of emergency projects for natural disaster prevention and control and consequence remediation must comply with Article 30 of the Construction Law, which was amended and supplemented under Clause 48, Article 1 of the Law Amending and Supplementing a Number of Articles of the Construction Law; Clause 6, Article 18 and Article 42 of the Law on Public Investment; and Article 58 of the Government’s Decree No. 15/2021/ND-CP of March 3, 2021, detailing a number of provisions on management of construction investment projects and relevant provisions on construction, public investment and bidding; the assignment or the method of appointment of contractors specified at Point a, Clause 1, Article 22 of the Bidding Law may be applied to select contractors.
Section 4
ACTIVITIES TO REMEDIATE NATURAL DISASTER CONSEQUENCES; MOBILIZATION, DONATION AND DISTRIBUTION OF RESOURCES FOR PROVISION OF RELIEF AND SUPPORT TO REMEDIATE NATURAL DISASTER CONSEQUENCES
Article 14. Principles of remediation of natural disaster consequences
1. To take the initiative in using on-the-spot resources to remediate natural disaster consequences; for cases falling beyond the resource-balancing capacity of ministries, sectors and localities, to report and propose their recommendations to the National Steering Committee for Natural Disaster Prevention and Control for sum-up, consideration and submission to the Prime Minister for him/her to decide on provision of support.
2. To ensure timeliness, effectiveness, publicity, transparency and provision of support for eligible subjects.
3. To prioritize the provision of support to ensure people’s lives and restore production and urgently repair natural disaster prevention and control works and essential construction works.
4. To restore, repair and re-build works to ensure higher durability.
Article 15. Statistics and evaluation of damage
1. The making of statistics and evaluation of damage shall be carried out right after natural disasters occur and regularly updated until a report summing up the damage caused by natural disasters is made to serve the direction and administration of natural disaster response and consequence remediation.
2. The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment in, guiding the making of statistics and evaluation of damage caused by natural disasters according to Clause 7, Article 31 of the Law on Natural Disaster Prevention and Control.
Article 16. Demands for relief and support for remediation of natural disaster consequences
1. Based on the situation of natural disasters and damage and impacts of natural disasters to people’s life, production, and infrastructure facilities, ministries, sectors and localities shall identify the demands for, forms of, subjects entitled to, and resources for provision of, relief and support according to Article 32 of the Law on Natural Disaster Prevention and Control and the Law on Dikes and be held responsible for the accuracy of the contents of and data in their reports.
2. Responsibilities to identify, sum up and propose demands for relief and support:
a/ Natural disaster preparedness and search and rescue commanding committees of all levels shall identify and sum up damage and propose demands for relief and support in localities under their management and report them to People’s Committees of the same level. People’s Committees of all levels shall report to superior-level natural disaster preparedness and search and rescue commanding committees cases falling beyond the capacity of local authorities;
b/ Ministries, sectors and provincial-level People’s Committees shall sum up demands for relief and support and report to the National Steering Committee for Natural Disaster Prevention and Control cases falling beyond their capacity;
c/ The National Steering Committee for Natural Disaster Prevention and Control shall sum up demands for relief and support of ministries, sectors and localities and consider and report them to the Prime Minister for decision.
3. Resources for provision of relief and support for natural disaster consequence remediation are those specified at Point c, Clause 1; Point c, Clause 2; and Point c, Clause 3, Article 32 of the Law on Natural Disaster Prevention and Control, and in Clauses 3 and 6, Article 1 of the Law Amending and Supplementing a Number of Articles of the Law on Natural Disaster Prevention and Control, and other lawful resources.
Article 17. Mobilization, distribution and provision of financial resources for natural disaster consequence remediation
1. Responsibilities and competence to distribute financial resources
a/ People’s Committees of all levels shall, based on proposals of the Natural Disaster Preparedness and Search and Rescue Commanding Committees of the same level, decide on the use of local budget contingency funds, financial reserve funds, disaster management funds and other lawful financial resources of localities for natural disaster consequence remediation, ensuring timeliness, provision of support to eligible subjects and effectiveness.
For cases falling beyond the resource-balancing capacity of localities, People’s Committees of all levels shall report their demands to superior-level Natural Disaster Preparedness and Search and Rescue Commanding Committees. Provincial-level People’s Committees shall report to the National Steering Committee for Natural Disaster Prevention and Control for sum-up and consideration for submission to the Prime Minister for decision;
b/ Ministers and heads of ministerial-level agencies and government-attached agencies shall, based on the proposals of Natural Disaster Preparedness and Search and Rescue Commanding Committees, arrange and allocate resources within the ambit of their functions and powers to remediate consequences of natural disasters within the scope of their management and support localities according to their competence; and report cases falling beyond their capacity to the National Steering Committee for Natural Disaster Prevention and Control for sum-up and consideration for submission to the Prime Minister for decision.
2. Process of mobilization and use of local budgets:
a/ Based on local situation, Natural Disaster Preparedness and Search and Rescue Commanding Committees of all levels shall assume the prime responsibility for, and coordinate with related agencies in, summing up and reporting to People’s Committees of the same level for the latter to decide to use their budgets for natural disaster response and consequence remediation;
b/ For cases of great damage which fall beyond the fund-balancing capacity of local budgets, after using their budgets for natural disaster response and consequence remediation but still failing to meet the demands, People’s Committees of all levels shall report the cases to superior-level Natural Disaster Preparedness and Search and Rescue Commanding Committees for the latter to assume the prime responsibility for, and coordinate with related agencies in, summing up and reporting the cases to the People’s Committees of the same level for consideration and decision on target transfers to subordinate-level state budgets;
c/ Based on decisions on provision of financial support for natural disaster consequence remediation of superior-level People’s Committees, subordinate-level Natural Disaster Preparedness and Search and Rescue Commanding Committees shall advise and propose People’s Committees of the same level to timely allocate these financial support amounts within 20 days after receiving such decisions; and report results of provision of support to superior-level Natural Disaster Preparedness and Search and Rescue Commanding Committees before the 20th of the last month of every quarter for summing up;
d/ Natural Disaster Preparedness and Search and Rescue Commanding Committees of all levels shall guide, examine and urge the provision of support and summarize and make reports on support provision results and propose People’s Committees of the same level to consider recovering or transferring support amounts and handle cases of using support amounts for improper purposes or ineligible subjects or cases of delaying the provision of support, causing waste and ineffectiveness.
3. Process of mobilization and provision of support from the central budget:
a/ Ministries, ministerial-level agencies, and government-attached agencies shall take the initiative in using annually assigned fund estimates; provincial-level People’s Committees shall take the initiative in using local resources for natural disaster response and consequence remediation. For cases of great damage which fall beyond their fund-balancing capacity, after using allocated funds and local budgets for natural disaster response and consequence remediation but still failing to meet demands, ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees shall report the cases to the National Steering Committee for Natural Disaster Prevention and Control and be held responsible for the accuracy of the contents of and data in their reports;
b/ The National Steering Committee for Natural Disaster Prevention and Control shall assume the prime responsibility for, and coordinate with related ministries and sectors in, summing up and reporting to the Prime Minister for consideration and decision on provision of support;
c/ Based on the Prime Minister’s decisions on provision of funds for natural disaster consequence remediation, the natural disaster preparedness and search and rescue commanding committees of ministries, ministerial-level agencies, government-attached agencies and localities shall advise and propose ministers, heads of ministerial-level agencies and government-attached agencies and provincial-level People’s Committees to timely allocate these funds for provision of support within 30 days after receiving such decisions; and report results to the National Steering Committee for Natural Disaster Prevention and Control before the 25th of the last month of every quarter for summing up and reporting to the Prime Minister;
d/ The National Steering Committee for Natural Disaster Prevention and Control shall assume the prime responsibility for, and coordinate with related ministries and sectors in, guiding, examining and urging the use of resources by ministries, sectors and localities. To sum up and report results and propose the Prime Minister to consider recovering support amounts and handling cases of using support amounts for improper purposes or ineligible subjects or delaying the provision of support, causing waste or ineffectiveness. For works that use a great amount of support funds or are technically complicated, in order to ensure their safety and investment effectiveness, based on localities’ reports on allocation of support funds, the National Steering Committee for Natural Disaster Prevention and Control shall request provincial-level People’s Committees to send technical dossiers to the standing body of the Steering Committee (the Ministry of Agriculture and Rural Development) for the latter to give its opinions or coordinate with line ministries for the latter to give opinions so as to obtain grounds for approval and implementation.
4. Process of mobilization and provision of support from financial reserve funds
a/ Provincial-level natural disaster preparedness and search and rescue commanding committees shall sum up demands for support for natural disaster consequence remediation for reporting to provincial-level People’s Committees for the latter to consider providing support from provincial-level financial reserve funds according to Article 11 of the Law on the State Budget and Article 8 of the Government’s Decree No. 163/2016/ND-CP of December 21, 2016, detailing a number of articles of the Law on the State Budget;
b/ The National Steering Committee for Natural Disaster Prevention and Control shall sum up demands for provision of support for natural disaster consequence remediation of ministries, sectors and localities and report them to the Prime Minister for consideration and decision on provision of support from the Central Financial Reserve Fund according to Article 11 of the Law on the State Budget and Article 8 of the Government’s Decree No. 163/2016/ND-CP of December 21, 2016, detailing a number of articles of the Law on the State Budget.
5. The process of mobilization and provision of support from disaster management funds must comply with the regulations on establishment and management of disaster management funds.
Article 18. Support in commodities and support in service of people’s life to remediate natural disaster consequences
1. National reserve commodities
The distribution and provision of support in natural reserve commodities must comply with the law on national reserve commodities.
2. Support in service of people’s life
a/ Support in service of people’s life includes support in food, support for treatment costs people seriously wounded by natural disasters, and burial expense support for households whose member(s) die(s) or is/are missing in natural disasters;
b/ Beneficiaries of support include people and households suffering damage caused by natural disasters;
c/ Support levels and process and procedures for provision of support must comply with regulations on social assistance policies for social protection beneficiaries.
3. Support for houses damaged by natural disasters
a/ Beneficiaries of support include people and households whose houses are damaged by natural disasters under regulations on social assistance policies for social protection beneficiaries;
b/ Support levels and mechanisms, order and procedures for provision of support must comply with regulations on social assistance policies for social protection beneficiaries. In case a natural disaster causes severe damage in terms of houses, the National Steering Committee for Natural Disaster Prevention and Control shall assume the prime responsibility for, and coordinate with the Ministry of Labor, Invalids and Social Affairs and Ministry of Finance in, reporting such to the Prime Minister for consideration and decision.
Article 19. Emergency support for relocation of inhabitants
1. Based on decisions declaring natural disaster emergency circumstances specified in Article 12 of this Decree, People’s Committees and Natural Disaster Preparedness and Search and Rescue Commanding Committees of all levels shall provide emergency support to relocate inhabitants, thus ensuring timeliness and safety of people’s lives.
2. Commune-level Natural Disaster Preparedness and Search and Rescue Commanding Committees shall mobilize natural disaster preparedness forces and on-the-spot forces to review and determine the number of households that need to be urgently relocated and report them to the chairpersons of the People’s Committees of the same level. Commune-level People’s Committees shall proactively handle according to their competence or verify and timely report the number of households that need to be urgently relocated and demands for support for relocation to district-level Natural Disaster Preparedness and Search and Rescue Commanding Committees.
3. District-level Natural Disaster Preparedness and Search and Rescue Commanding Committees shall sum up the number of households that need to be urgently relocated and demands for support for relocation and report them to the chairpersons of People’s Committees of the same level. Based on the Land Law and Law on Compulsory Purchase and Requisition of Property and current regulations, district-level People’s Committees shall allocate land and arrange accommodation for households that need to be urgently relocated; decide to mobilize funds, forces, equipment and supplies and related organizations and individuals according to their competence to carry out the relocation. District-level People’s Committees shall report cases falling beyond their capacity and propose to provincial-level Natural Disaster Preparedness and Search and Rescue Commanding Committees.
4. Provincial-level Natural Disaster Preparedness and Search and Rescue Commanding Committees shall sum up demands for relocation of inhabitants of districts and report them to the People’s Committees of the same level. Based on the Land Law and Law on Compulsory Purchase and Requisition of Property and current regulations, provincial-level People’s Committees shall allocate land and arrange accommodation for households that need to be relocated; decide to mobilize funds, forces, equipment and supplies and related organizations and individuals according to their competence to support the relocation. Chairpersons of provincial-level People’s Committees shall report cases falling beyond their capacity to the Prime Minister for timely settlement.
5. Provincial-level People’s Committees shall mobilize lawful resources and prescribe in detail the order for and organize the relocation in conformity with the local peculiarities.
Article 20. Mobilization, donation and allocation of resources
1. Mobilization, donation and allocation of domestic resources
The mobilization, donation and allocation of domestic resources must comply with Articles 11 and 33 of the Law on Natural Disaster Prevention and Control, Clause 19, Article 1 of the Law Amending and Supplementing a Number of Articles of the Law on Natural Disaster Prevention and Control and the Law on Dikes, and the Decree on mobilization, receipt, distribution and use of sources of voluntary donations for people to overcome difficulties caused by natural disasters, epidemics, or incidents and for patients suffering fatal diseases.
2. Mobilization, donation and allocation of international resources
The mobilization, donation and allocation of international resources for provision of relief and support for remediation of natural disaster consequences must comply with regulations on management and use of official development aid and foreign non-governmental aid; and regulations on receipt, management and use of international emergency aid for provision of relief and remediation of natural disaster consequences.
Section 5
RIGHTS AND OBLIGATIONS OF FOREIGN ORGANIZATIONS AND INDIVIDUALS, AND INTERNATIONAL ORGANIZATIONS PARTICIPATING IN NATURAL DISASTER RESPONSE AND CONSEQUENCE REMEDIATION IN VIETNAM
Article 21. Duties and fees on import and export of vehicles, equipment and goods to serve emergency relief, search, rescue and support in case of natural disasters
Foreign organizations and individuals, and international organizations participating in natural disaster response and consequence remediation in Vietnam that import and then re-export vehicles, equipment and goods to serve emergency relief, search, rescue and support provision activities upon occurrence of natural disasters are exempt from import and export duties and fees according to Point a, Clause 1, Article 41 of the Law on Natural Disaster Prevention and Control. In case these vehicles, equipment and goods are retained in Vietnam for use for other purposes, they will be subject to taxes in accordance with Vietnam’s law.
Article 22. Registration of natural disaster response and consequence remediation activities in Vietnam
1. Foreign organizations and individuals, and international organizations shall, before entering Vietnam to carry out natural disaster response and consequence remediation activities, make and deliver a dossier of registration by hand or send by post or other means to the Ministry of Agriculture and Rural Development for submission to competent authorities for consideration and decision. The dossier must comprise:
a/ An application for participation in natural disaster response and consequence remediation activities in Vietnam, stating the name of the organization or individual; purpose of activities; projected time and places of carrying out these activities (made according to the form provided in Appendix I);
b/ List of relief commodities, supplies and equipment and other relevant documents (if any, made according to the form provided in Appendix II);
c/ List of participants (made according to the form provided in Appendix III).
In case a dossier is incomplete, within 1 working day after receiving such dossier, the Vietnam Disaster Management Authority shall guide the completion of the dossier.
2. Within 2 working days after receiving a dossier, the Ministry of Agriculture and Rural Development (via the Vietnam Disaster Management Authority) shall notify the dossier processing results to the dossier submitter and relevant agencies.
Article 23. Entry and exit; procedures for import and export of special-use vehicles, equipment and commodities for natural disaster prevention and control to serve emergency response, search, rescue, relief and consequence remediation support activities
1. Persons allowed to enter Vietnam to carry out natural disaster response and consequence remediation activities will be given with priority when carrying out entry and exit procedures at border gates; in case of emergency response, if they have not yet obtained visas, they may be granted visas on arrival.
2. Vehicles, equipment and commodities allowed to be imported and re-exported upon completion of search, rescue, relief and support provision activities upon occurrence of natural disasters may enjoy priority customs clearance procedures at border gates.
Article 24. Stay of foreigners participating in natural disaster response and consequence remediation activities in Vietnam
1. Persons allowed to enter Vietnam to carry out natural disaster response and consequence remediation activities will be provided with guidance on accommodation, working places and temporary residence registration procedures suitable to practical conditions.
2. Supported agencies and localities shall provide guidance on temporary residence registration procedures, accommodation and working places for individuals and organizations entering Vietnam to carry out natural disaster response and consequence remediation activities.
Section 5
ORGANIZATIONAL STRUCTURE AND TASKS OF AGENCIES DIRECTING AND COMMANDING NATURAL DISASTER PREVENTION AND CONTROL AND MECHANISM ON COORDINATION BETWEEN THE NATIONAL STEERING COMMITTEE FOR NATURAL DISASTER PREVENTION AND CONTROL AND NATIONAL COMMITTEE FOR INCIDENT AND DISASTER RESPONSE AND SEARCH AND RESCUE
Article 25. Organizational structure and tasks of the National Steering Committee for Natural Disaster Prevention and Control
1. The National Steering Committee for Natural Disaster Prevention and Control is established by the Prime Minister to perform the interdisciplinary coordination task, and assists the Government and Prime Minister in organizing, directing and administering the prevention of, response to, and remediation of consequences of, natural disasters nationwide. The National Steering Committee for Natural Disaster Prevention and Control is entitled to use its own seal in performing its tasks. Its members shall work on a part-time basis.
2. The National Steering Committee for Natural Disaster Prevention and Control is composed of:
a/ The Prime Minister or a Deputy Prime Minister as its head, as decided by the Prime Minister;
b/ The Minister of Agriculture and Rural Development as its permanent deputy head; other deputy heads shall be decided by the Prime Minister;
c/ Representatives of the leaderships of ministries, ministerial-level agencies and government-attached agencies, the Vietnam Television, Voice of Vietnam, Vietnam News Agency; and the Chief of the Office of the National Committee for Incident and Disaster Response and Search and Rescue as its members;
d/ Based on the working requirements, the head of the National Steering Committee for Natural Disaster Prevention and Control shall invite representatives of the leaderships of the Central Committee of the Vietnam Fatherland Front, Central Committee of the Vietnam Women’s Union, Central Committee of the Ho Chi Minh Communist Youth Union, Central Committee of the Vietnam Red Cross Society and other related agencies and organizations to join the National Steering Committee for Natural Disaster Prevention and Control.
3. The Ministry of Agriculture and Rural Development shall act as the standing body of the National Steering Committee for Natural Disaster Prevention and Control; and use the apparatus of the Vietnam Disaster Management Authority and arrange staffs, equipment and necessary conditions so as to perform the tasks of the Standing Office of the National Steering Committee for Natural Disaster Prevention and Control.
The Standing Office of the National Steering Committee for Natural Disaster Prevention and Control has its own seal, is provided with funds and may open its account at the State Treasury for operation. The head of the National Steering Committee for Natural Disaster Prevention and Control shall define the functions, tasks and working regulations of the Standing Office of the National Steering Committee for Natural Disaster Prevention and Control.
4. Tasks of the National Steering Committee for Natural Disaster Prevention and Control:
a/ To direct and urge the formulation and implementation of national strategies and plans, policies and laws on natural disaster prevention and control;
b/ To assume the prime responsibility for guiding the formulation of natural disaster response plans;
c/ To direct and coordinate natural disaster response and consequence remediation activities nationwide: To direct response to level-3 natural disaster risks; to advise on the direction of response to level-4 and level-5 natural disaster risks; to coordinate and support or direct localities in responding to level-1 and level-2 natural disaster risks upon the occurrence of complicated developments, threatening to cause great and serious consequences;
d/ Based on natural disaster developments and practical requirements, to decide on emergency measures, mobilization of resources of ministries, ministerial-level agencies, government-attached agencies, organizations and individuals to respond to and remediate 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 damage, demands for emergency aid, restoration and reconstruction of localities, ministries and sectors;
e/ To sum up, consider and propose the Government or Prime Minister to decide on measures, the use of central budget funds and other lawful resources to serve the natural disaster response and consequence remediation activities nationwide;
g/ To examine, urge and guide ministries, sectors and localities in carrying out natural disaster prevention and control activities in accordance with law;
h/ To direct and organize training and drills for natural disaster preparedness forces; to direct, to deploy and organize the application of solutions in order to step by step raise civil capacity in natural disaster response activities;
i/ To direct and organize the consolidation of physical foundations, equipment, supplies, special-use vehicles; to establish a database system to serve the provision of support and advices for the issuance of decisions to direct and administer natural disaster prevention and control activities at all levels;
k/ To call for, receive and distribute international emergency reliefs in natural disaster emergency circumstances;
l/ To guide, examine, urge and sum up results of the use of support resources for reporting to the Prime Minister;
m/ To direct and organize the formulation of documents, guidance, annual training, dissemination and public communication via social networks to raise the community awareness about annual natural disaster prevention and control;
n/ To guide activities of grassroots natural disaster preparedness forces;
o/ To advise the Prime Minister to establish frontline steering committees to directly direct and administer response activities on the scene in special circumstances;
p/ To assume the prime responsibility for formulating and publishing the annual white paper on natural disaster prevention and control;
q/ To direct and formulate operational plans and ensure funds to perform annual tasks.
Article 26. Organizational structure and tasks of Natural Disaster Preparedness and Search and Rescue Commanding Committees of ministries, ministerial-level agencies and government-attached agencies
1. The Ministries of National Defense; Public Security; Agriculture and Rural Development; Transport; Construction; Industry and Trade; Natural Resources and Environment; Information and Communications; Health; Education and Training; Labor, Invalids and Social Affairs; and Culture, Sports and Tourism shall establish ministerial-level Natural Disaster Preparedness and Search and Rescue Commanding Committees.
2. Ministries, ministerial-level agencies and government-attached agencies (except the ministries mentioned in Clause 1 of this Article) shall, based on their assigned tasks, decide on the establishment of ministerial-level Natural Disaster Preparedness and Search and Rescue Commanding Committees or assign departmental-level agencies to perform on a part-time basis the function of advising ministers or agencies’ heads on natural disaster preparedness and search and rescue activities within their management scope.
3. Based on natural disaster prevention and control and search and rescue requirements and tasks, ministers and heads of ministerial-level agencies and government-attached agencies shall decide to establish Natural Disaster Preparedness and Search and Rescue Commanding Committees of their attached units.
4. Organizational structure of ministerial-level Natural Disaster Preparedness and Search and Rescue Commanding Committees:
a/ The Natural Disaster Preparedness and Search and Rescue Commanding Committees of ministries, ministerial-level agencies and government-attached agencies shall be headed by their ministers or heads;
b/ Based on requirements and tasks, ministers, heads of ministerial-level agencies and heads of government-attached agencies shall assign their specialized agencies to advise and assist ministers and agencies’ heads in performing the management of natural disaster prevention and control within their management scope and perform part-time tasks of the standing offices of the Natural Disaster Preparedness and Search and Rescue Commanding Committees;
c/ Ministerial-level Natural Disaster Preparedness and Search and Rescue Commanding Committees may use seals of their ministries or their own seals. Their standing offices have their own seals and may be provided with funds and open accounts for operation.
5. Tasks of ministerial-level Natural Disaster Preparedness and Search and Rescue Commanding Committees:
a/ To advise their ministers in performing the natural disaster prevention and control and search and rescue tasks within their management scope;
b/ To coordinate with ministries, ministerial-level agencies and localities in performing natural disaster prevention and control and search and rescue tasks nationwide under the direction by the Prime Minister, National Steering Committee for Natural Disaster Prevention and Control, and National Committee for Incident and Disaster Response and Search and Rescue;
c/ To decide on emergency measures and mobilize according to their competence resources of their ministries for promptly responding to and remediating consequences of national disasters and carrying out search and rescue within the scope of their respective ministries’ management and providing support to localities.
Article 27. Organizational structure and tasks of provincial-level Natural Disaster Preparedness and Search and Rescue Commanding Committees
1. Provincial-level Natural Disaster Preparedness and Search and Rescue Commanding Committees shall be established by provincial-level People’s Committee chairpersons, assist provincial-level People’s Committees in commanding and administering natural disaster prevention and control and search and rescue activities in their localities. They have their own seals and may be provided with funds and open accounts for operation.
2. A provincial-level Natural Disaster Preparedness and Search and Rescue Commanding Committee is composed of:
a/ The provincial-level People’s Committee chairperson as its head;
b/ A provincial-level People’s Committee vice chairperson as its permanent deputy head;
c/ The director of the provincial-level Department of Agriculture and Rural Development; the provincial-level Military Commander and Border-Guard Commander; and the director of the provincial-level Department of Public Security as its deputy heads;
d/ Directors or representatives of the leaderships of departments involved in natural disaster preparedness and search and rescue activities, of Fatherland Front Committee, Women’s Union, Red Cross Society, Ho Chi Minh Communist Youth Union and other provincial-level social organizations as its members.
3. Provincial-level Departments of Agriculture and Rural Development shall act as natural disaster preparedness standing bodies; provincial-level Military Commands or Border-Guard Commands shall act as search and rescue standing bodies of provincial-level Natural Disaster Preparedness and Search and Rescue Commanding Committee as decided by provincial-level People’s Committees.
Provincial-level People’s Committee chairpersons shall decide to establish specialized divisions under provincial-level Departments of Agriculture and Rural Development to perform the tasks of the Standing Offices of provincial-level Natural Disaster Preparedness and Search and Rescue Commanding Committees.
4. Tasks of provincial-level Natural Disaster Preparedness and Search and Rescue Commanding Committees:
a/ To assist provincial-level People’s Committees in performing the natural disaster prevention and control tasks specified in Clause 1, Article 43 of the Law on Natural Disaster Prevention and Control;
b/ To direct and urge the formulation of natural disaster response plans and schemes and submit them to competent authorities for approval;
c/ To command natural disaster response and search and rescue activities in their localities;
d/ To inspect and urge provincial-level departments and local agencies to perform natural disaster prevention and control tasks;
dd/ To assist provincial-level People’s Committees in directing, inspecting, urging and making statistics on, and evaluating damage, identifying demands for relief, carrying out consequence remediation, rehabilitation and reconstruction activities;
e/ To implement tasks related to disaster management funds under regulations;
g/ To organize training and drills for forces participating in natural disaster prevention and control and search and rescue activities;
h/ To organize dissemination for better community awareness about natural disaster prevention and control;
i/ To direct and organize the application of solutions to step by step raise civil capacity in natural disaster response activities;
k/ To concentrate human resources, equipment and support tools for Standing Offices of provincial-level Natural Disaster Preparedness and Search and Rescue Commanding Committees; to ensure online connection with central and local natural disaster prevention and control agencies at all levels to serve the direction and command of natural disaster prevention and control activities.
Article 28. Organizational structure and tasks of district-level Natural Disaster Preparedness and Search and Rescue Commanding Committees
1. District-level Natural Disaster Preparedness and Search and Rescue Commanding Committees shall be established by district-level People’s Committee chairpersons, functioning to advise district-level People’s Committees on inspecting, urging and commanding natural disaster prevention and control and search and rescue activities in their localities. They have their own seals and accounts and are provided with funds for operation.
2. A district-level Natural Disaster Preparedness and Search and Rescue Commanding Committee is composed of:
a/ The district-level People’s Committee chairperson as its head;
b/ A district-level People Committee vice chairperson as its permanent deputy head;
c/ Heads of divisions or heads of agencies assigned to perform the state management of natural disaster prevention and control; district-level military commander and head of the district-level Public Security office as its deputy heads;
d/ Heads or representatives of the leaderships of divisions, agencies and units involved in natural disaster preparedness and search and rescue activities of their localities; leaders of the Fatherland Front Committee, Women’s Union, Red Cross Society, Ho Chi Minh Communist Youth Union and other district-level social organizations joining the district-level Natural Disaster Preparedness and Search and Rescue Commanding Committee, as its members.
3. Based on local practical conditions, the chairperson of a district-level People’s Committee shall decide to assign a functional division of the district-level People’s Committee to act as the Standing Office of the district-level Natural Disaster Preparedness and Search and Rescue Commanding Committee.
4. Tasks of district-level Natural Disaster Preparedness and Search and Rescue Commanding Committees:
a/ To assist district-level People’s Committees in performing the natural disaster prevention and control tasks specified in Clause 1, Article 43 of the Law on Natural Disaster Prevention and Control;
b/ To direct and urge the formulation and submission for approval of local natural disaster response plans and schemes;
c/ To command and organize natural disaster response and search and rescue activities in their districts;
d/ To inspect and urge local agencies and units in the performance of natural disaster prevention and control tasks;
dd/ To assist district-level People’s Committees in directing, inspecting and summing up and making statistics of and evaluating damage, remediating consequences and post-natural disaster rehabilitation and reconstruction;
e/ To organize training for natural disaster preparedness and search and rescue forces;
g/ To disseminate activities to raise the community awareness about natural disaster prevention and control;
h/ To implement tasks related to disaster management funds according to regulations.
Article 29. Organizational structure and tasks of commune-level Natural Disaster Preparedness and Search and Rescue Commanding Committees
1. Commune-level Natural Disaster Preparedness and Search and Rescue Commanding Committees shall be established by commune-level People’s Committee chairpersons, assisting commune-level People’s Committees in inspecting, urging, commanding and administering natural disaster prevention and control and search and rescue activities in their localities.
2. A commune-level Natural Disaster Preparedness and Search and Rescue Commanding Committee is composed of:
a/ The commune-level People’s Committee chairperson as its head;
b/ A commune-level People’s Committee vice chairperson as its permanent deputy head;
c/ The chief of the commune-level Public Security office as its deputy head and the commune-level military commander as its deputy head in charge of salvage and rescue activities and the commune-level natural disaster preparedness force;
d/ Commune-level civil servants and heads of commune-level political and mass organizations as its members;
dd/ A commune-level civil servant who is in charge of performing the state management of natural disaster prevention and control as its permanent member.
3. Commune-level Natural Disaster Preparedness and Search and Rescue Commanding Committees are based at working offices of commune-level People’s Committees. They may use seals of commune-level People’s Committees, and employ a number of professional officials of commune-level People’s Committees as members of the standing office and are provided with funds for operation.
Based on local practical conditions, the heads of commune-level Natural Disaster Preparedness and Search and Rescue Commanding Committees shall decide on the composition and tasks of their standing offices.
4. Tasks of commune-level Natural Disaster Preparedness and Search and Rescue Commanding Committees:
a/ To assist commune-level People’s Committees in performing the natural disaster prevention and control tasks specified in Clause 2, Article 43 of the Law on Natural Disaster Prevention and Control;
b/ To transmit news on direction and command of natural disaster response of authorities at all levels to local communities;
c/ To command natural disaster response and search and rescue activities in their communes;
d/ To direct and urge the formulation and approval of local natural disaster response plans and schemes;
dd/ To inspect and urge organizations and individuals in their communes in the performance of natural disaster prevention and control tasks;
e/ To assume the prime responsibility for assisting commune-level People’s Committees in establishing, training and maintaining commune-level natural disaster preparedness forces with the core being the militia and self-defense forces and with the participation of the Red Cross Society, Youth Union and other mass organizations in their communes;
g/ To perform tasks related to disaster management funds according to regulations;
h/ To annually organize the dissemination and communications to raise community awareness about natural disaster prevention and control.
Article 30. Natural Disaster Preparedness and Search and Rescue Commanding Committees of economic groups, corporations, enterprises
Depending on their conditions, heads of agencies or organizations shall decide to establish Natural Disaster Preparedness and Search and Rescue Commanding Committees to perform natural disaster prevention and control tasks in accordance with law.
Article 31. Assurance of resources and conditions for operation of natural disaster prevention and control agencies and forces of all levels
1. Ministries, sectors and People’s Committees of all levels shall ensure sufficient resources and conditions for operation of natural disaster prevention and control agencies and forces of the same level, including financial resources, manpower, offices, physical foundations, supplies, vehicles, equipment and support tools for the issuance of decisions on direction and administration and other necessary conditions.
2. Agencies and units assigned to perform natural disaster prevention and control tasks shall formulate plans to ensure resources and conditions for operation of natural disaster prevention and control agencies, units and forces under their management and submit such plans to managing agencies for approval.
3. Based on the approved plans, agencies and units assigned to perform natural disaster prevention and control tasks shall propose competent authorities to approve and arrange resources and conditions for their operation.
Article 32. Mechanism of coordination between the National Steering Committee for Natural Disaster Prevention and Control and the National Committee for Incident and Disaster Response and Search and Rescue
1. The National Steering Committee for Natural Disaster Prevention and Control shall assume the prime responsibility for, and coordinate with the National Committee for Incident and Disaster Response and Search and Rescue in, issuing directives on response to specific natural disaster circumstances.
2. The National Steering Committee for Natural Disaster Prevention and Control and the National Committee for Incident and Disaster Response and Search and Rescue shall notify and coordinate with each other in immediately processing received information on accidents or incidents occurring during natural disasters, reach agreement on measures and mobilize forces, vehicles, supplies and equipment to respond to natural disasters.
3. The National Steering Committee for Natural Disaster Prevention and Control shall reach agreement with the National Committee for Incident and Disaster Response and Search and Rescue on contents of requests for foreign support in terms of search and rescue forces upon occurrence of serious natural disasters before reporting them to the Prime Minister for decision.
4. The National Steering Committee for Natural Disaster Prevention and Control shall assume the prime responsibility for mobilizing resources, directing and administering natural disaster response and consequence remediation activities, and coordinate with the National Committee for Incident and Disaster Response and Search and Rescue in mobilizing and coordinating search and rescue forces and carrying out search, rescue and salvage activities upon occurrence of natural disasters.
Section 7
REGIMES AND POLICIES APPLICABLE TO COMMUNE-LEVEL NATURAL DISASTER PREPAREDNESS FORCES
Article 33. Salary and remuneration regimes applicable to preparedness force members who are mobilized for training, coaching, drills, and performing natural disaster prevention and control tasks
1. When mobilized for performing natural disaster prevention and control tasks or participating in natural disaster prevention and control training, coaching or drills, persons who are not salaried by the state budget will be entitled to a per-diem allowance as follows:
a/ For those mobilized for training, coaching or drills: The per-diem allowance amount must not be lower than VND 59,600;
b/ For those mobilized for performing natural disaster prevention and control tasks: The per-diem allowance amount must not be lower than VND 119,200;
c/ If training, drills or performance of natural disaster prevention and control tasks is/are carried out at night (from 22:00 hours to 6:00 hours of the following day), such per-diem allowance shall be doubled;
d/ When mobilized for training, coaching, drills or performing natural disaster prevention and control tasks in places far from their places of residence, and therefore unable to commute to work, they will be provided with accommodations or travel expenses or fares for one outward journey and one return journey like commune-level cadres and civil servants; and entitled to daily meal allowance under regulations of provincial-level People’s Committees which must not be lower than VND 57,000.
Authorities that mobilize force members shall pay such allowances.
2. When mobilized for training, coaching, drills or performing natural disaster prevention and control tasks under decisions of competent authorities, persons who are salaried by the state budget may receive full salaries, welfare benefits, travel allowance and travel fares.
a/ Employees working under labor contracts are entitled to postponement of performance of such labor contracts and receive full salaries and allowances under regulations when participating in training, coaching or drills or performing natural disaster prevention and control tasks;
b/ Expenses for payment of above salaries and allowances shall be accounted as current budget expenditures of agencies and units.
3. Militia, self-defense force and commune-level public security officers and soldiers who are mobilized for training, drills or performing natural disaster prevention and control tasks decisions of under competent authorities are entitled to regimes provided by law.
Article 34. Medical examination and treatment, accident or survivorship allowance for those covered by health insurance and social insurance
1. Eligible persons: Commune-level natural disaster preparedness force members who are ill, encounter accidents, suffer from injuries or die while performing natural disaster prevention and control tasks or participating in natural disaster prevention and control training or drills or performing other tasks as assigned by competent authorities. Those who are ill, encounter accidents or die as a result of self-infliction or use of stimulants, narcotics or addictive drugs are not entitled to the allowances specified in Clause 2 of this Article.
2. Medical examination and treatment, accident or survivorship allowance for commune-level natural disaster preparedness force members who are covered by health insurance and social insurance: To enjoy illness, occupational accident or survivorship allowance in accordance with the laws on labor, social insurance and health insurance (for the period from the date of being mobilized for task performance to the date of task fulfillment and return to places of residence, or for the period from the date of being mobilized for task performance to the date of encountering accidents or death).
Article 35. Medical examination and treatment, accident or survivorship allowance for those not covered by health insurance and social insurance
1. Eligible persons: Commune-level natural disaster preparedness force members who are ill, encounter accidents, suffer from injuries or die while performing natural disaster prevention and control tasks or when participating in natural disaster prevention and control training or drills or performing other tasks as assigned by competent authorities. Those who are ill, encounter accidents or die as a result of self-infliction, or use of stimulants, narcotics or addictive drugs are not entitled to the allowances specified in Clauses 2 and 3 of this Article.
2. Allowance levels for commune-level natural disaster preparedness force members who are not covered by health insurance when falling ill, encountering accidents or suffering from injuries
These persons will be entitled to payment of medical examination and treatment expenses same as the health insurance-covered expenses applicable to on-duty non-commissioned officers and soldiers of the Vietnam People’s Army, and expenses for patient meals during their inpatient treatment periods. In case they are under inpatient treatment when the period of task performance ends, they will be entitled to payment of medical examination and treatment expenses and patient meals for 15 days at most. In case their health does not recover after 15 days, they will be entitled to payment of expenses for their medical examination and treatment until their health recovers.
3. Allowance levels for commune-level natural disaster preparedness force members who are not covered by social insurance in case they encounter accidents or die
a/ Accident allowance: Being the same as that specified in Clause 2 of this Article during the accident injury treatment period, even in case of recurrent injuries, until they are discharged from hospitals. In case accidents cause a decrease of 5% of the working capacity, they will be entitled to an allowance of VND 7,450,000; and then, VND 745,000 for every extra 1% decrease of their working capacity;
b/ Survivorship allowance: In case of death or encountering fatal accidents, their relatives will be entitled to survivorship allowance of VND 53,640,000; while persons who take charge of their funeral will receive a payment of funeral costs of VND 14,900,000;
c/ In case of suffering fatal illness: Their relatives will be entitled to survivorship allowance of VND 7,450,000; while persons who take charge of their funeral will receive a payment of funeral costs of VND 14,900,000.
4. Order and procedures
a/ Receipt of dossiers:
Commune-level People’s Committees shall receive dossiers of request of commune-level natural disaster preparedness force members or their lawful representatives. Within 10 working days after receiving a dossier, a commune-level People’s Committee shall make a set of dossier for submission to the chairperson of the district-level People’s Committee. In case of an accident resulting in a working capacity decrease of at least 5% or death of a commune-level natural disaster preparedness force member, within 5 working days after receiving his/her dossier of request, the district-level People’s Committee shall make a set of dossier for submission to the chairperson of the provincial-level People’s Committee.
In case such a dossier is invalid or lacks invoices or papers under regulations, within 3 working days after receiving it, the provincial-, district- or commune-level People’s Committee shall send a written guidance to the requester for dossier supplementation and completion;
b/ Decisions on support and allowances:
Regarding medical examination and treatment expenses for a commune-level natural disaster preparedness force member who is ill, encounters an accident or suffers from an injury: Within 5 working days after receiving a dossier submitted by the commune-level People’s Committee, the chairperson of the district-level People’s Committee shall decide on payment of medical examination and treatment expenses for such person.
Regarding allowance provided to a commune-level natural disaster preparedness force member who encounters an accident resulting in a working capacity decrease of at least 5% or his/her death: Within 5 working days after receiving a dossier submitted by the district-level People’s Committee, the chairperson of the provincial-level People’ Committee shall decide on accident allowance or survivorship for such person;
c/ Payment of support and allowances:
Within 10 working days after a decision on allowance is issued, the commune-level People’s Committee shall pay medical examination and treatment expenses and allowance to the eligible person. The payment shall be made in the form of account transfer, by post or in cash directly at the commune level.
5. Dossiers of request
a/ Dossiers of request for payment of medical examination and treatment expenses:
A commune-level natural disaster preparedness force member or his/her lawful representative shall make and send a dossier to the commune-level People’s Committee. Such a dossier must comprise a written request made according to the form provided in Appendix VI to this Decree, a test request form, a medical prescription, a medical bill receipt, and a hospital discharge paper.
The commune-level People’s Committee shall make a dossier for submission to the district-level People’s Committees, which must comprise a written request enclosed with a valid dossier specified at Point a, Clause 5 of this Article;
b/ Dossiers of request for accident allowance:
A commune-level natural disaster preparedness force member or his/her lawful representative shall make and send a dossier to the commune-level People’s Committee, such a dossier must comprise a written request made according to the form provided in Appendix VII to this Decree; a hospital discharge paper; an excerpt of the medical record or a copy of the certificate of injury issued by the health establishment that has rendered emergency first aid and treatment to the requester; a written record of assessment of working capacity decrease issued by the medical assessment council of a provincial-level hospital or equivalent-level institution in case the accident results in a working capacity decrease of at least 5%. In case of a traffic accident, an investigation record of the traffic police office is required.
The commune-level People’s Committees shall make a dossier for submission to the district-level People’s Committee, which must comprise a written request enclosed with a valid dossier specified at Point b, Clause 5 of this Article.
In case the accident results in a working capacity decrease of at least 5%, the district-level People’s Committee shall make a dossier for submission to the provincial-level People’s Committee which must comprise a written request enclosed with a valid dossier specified at Point b, Clause 5 of this Article;
c/ Dossiers of request for survivorship allowance:
A commune-level natural disaster preparedness force member or his/her lawful representative shall make and send a dossier to the commune-level People’s Committee; such dossier must comprise a written request made according to the form provided in Appendix VII to this Decree; and a hospital discharge paper, or an excerpt of the medical record or a copy of the death certificate, or an excerpt of the death declaration. In case of a fatal traffic accident, an investigation record of the traffic police is required.
The commune-level People’s Committee shall make a dossier for submission to the district-level People’s Committee which must comprise a written request enclosed with a valid dossier specified at Point c, Clause 5 of this Article.
The district-level People’s Committee shall make a dossier for submission to the provincial-level People’s Committee, which must comprise a written request enclosed with a valid dossier specified at Point c, Clause 5 of this Article.
6. Funds for implementation of regimes and policies applicable to commune-level natural disaster preparedness forces
District-level People’s Committees shall provide funds for implementation of regimes and policies for those who are not covered by health insurance in case they are ill, encounter accidents or suffer from injuries; provincial-level People’s Committees shall provide funds for implementation of regimes and policies for those who are not covered by health insurance in case they encounter accidents or die.
Article 36. Other regimes
1. Commune-level natural disaster preparedness force members who suffer from injuries or die while performing their duties will be entitled to regimes and policies like invalids, those who die will be recognized as fallen heroes in accordance with the law on preferential treatment of people with meritorious services to the revolution.
2. Commune-level natural disaster preparedness forces will be provided with equipment in the workplace according to the standards and norms specified in Appendix IV to this Decree. Chairpersons of commune-level People’s Committees shall decide on equipment at the workplace of commune-level natural disaster preparedness forces.
3. Commune-level natural disaster preparedness forces will be provided with uniforms specified in Appendix V to this Decree for use when performing their duties.
4. Commune-level natural disaster preparedness force members are given priority when applying for jobs.
Article 37. Funding sources
People’s Committees at all levels shall allocate funds for the implementation of regimes and policies for commune-level natural disaster preparedness forces from the state budget, disaster management funds, and other lawful funding sources in accordance with law.
Chapter III
IMPLEMENTATION PROVISIONS
Article 38. Effect
1. This Decree takes effect on August 20, 2021.
2. This Decree replaces the Government’s Decree No. 160/2018/ND-CP of November 29, 2018, detailing a number of articles of the Law on Natural Disaster Prevention and Control.
3. To annul the Prime Minister’s Decisions No. 01/2016/QD-TTg of January 19, 2016, and No. 37/2019/QD-TTg of December 27, 2019, amending and supplementing a number of articles of the Prime Minister’s Decision No. 01/2016/QD-TTg of January 19, 2016, on mechanisms and procedures for providing support funds to localities for remediation of natural disaster consequences.
Article 39. Implementation responsibility
Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of People’s Committees at all levels, and related organizations and individuals shall implement this Decree.-
On behalf of the Government
For the Prime Minister
Deputy Prime Minister
LE VAN THANH
* The Appendices to this Decree are not translated.
[1] Công Báo Nos 673-674 (20/7/2021)
Vietnamese
Decree 66/2021/NĐ-CP DOC (Word)
Decree 66/2021/NĐ-CP PDF (Original)
