Joint Circular No. 43/2015/TTLT-BNNPTNT-BKHDT dated November 23, 2015, the Ministry of Agriculture and Rural Development and the Ministry of Planning and Investment on guiding the making statistics and assessment of damage caused by natural disasters

JOINT CIRCULAR

On guiding the making statistics and assessment of damage caused by natural disasters

Pursuant to the Law on Natural Disaster Prevention and Control No. 33/2013/QH13 dated June 19, 2013;

Pursuant to the Statistics Law No. 04/2003/QH11 dated June 26, 2003;

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

Pursuant to the Government’s Decree’s No. 40/2004/ND-CP dated February 13, 2004, on detailing and guiding the implementation of a number of articles of the Statistics Law;

Pursuant to the Government’s Decree No. 199/2013/ND-CP dated November 26, 2013, on defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Government s Decree No. 116/2008/ND-CP dated November 14, 2008, on defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment;

Pursuant the Prime Minister’s Decision No. 43/2010/QD-TTg dated June 02, 2010, on promulgating the national statistical indicators system;

Pursuant the Prime Minister’s Decision No. 15/2014/QD-TTg dated February 17, 2014, on promulgating the synthetic statistical reporting regime applicable to ministries and line ministries;

The Minister of Agriculture and Rural Development and the Minister of Planning and Investment hereby promulgate the Joint Circular on guiding the making statistics and assessment of damage caused by natural disasters.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. Scope of regulation

a) This Circular provides regulations on criteria, forms, contents, methods, procedures and responsibilities for making statistics and assessment of damage caused by natural disasters of ministries and line ministries; provinces/centrally-run cities (hereinafter collectively referred to as the provincial-level); municipal districts, districts, townships, provincial cities (hereinafter collectively referred to as the district-level); communes, wards, towns (hereinafter collectively referred to as the commune-level).

b) Types of natural disasters causing damage to be made statistics and assessment are prescribed in Clause 1, Article 3 of the Law on Natural Disaster Prevention and Control and other types of natural disasters are prescribed in legal normative documents on natural disaster prevention and control.

2. Subjects of application

This Circular applies to organizations and individuals engaged in the statistics and assessment of damage caused by natural disasters in the territory of Vietnam.

Article 2. Interpretation of terms

In this Circular, terms below are construed as follows:

1. Damage caused by natural disasters means impacts of types of natural disasters on human life, domestic animals at different levels; destroying or causing damage to facilities, environment, living conditions and socio-economic activities during or after natural disasters.

2. Damage to human life including the dead, missing and injured. The dead means those who die because of natural disasters, excluding those who die of other causes during the natural disaster in the locality. The missing means those who could not be found after the natural disaster, they may be dead without finding corpses or there is no information about them, after 01 year of missing, they shall be considered dead. The injured means those who had their body injured by the direct impacts of natural disasters, affecting their activities of daily living.

3. Damage to domestic animals, including cattle and poultry that are dead, swept away or buried.

4. Damage to facilities, including houses, infrastructure and relevant facilities; crops, vessels, fish cages and other materials as prescribed in statistical forms attached to this Circular.

5. Permanent building means a building with three main structures (including pillar, roof and wall) made of durable materials.

6. Semi-permanent building means a building with two of three main structures made of durable materials.

7. Unstable building means a building with one of the three main structures made of durable materials.

8. Simple building means a building with three main structures made of nondurable materials.

9. Durable materials mean materials such as ferroconcrete, brick, stone, iron, steel and durable goods.

10. Point/school means the school s facilities, a place where teachers, students, pupils, and learners come to teach and learn.

11. Classrooms, functional rooms, tenement houses, and houses for day boarders mean the school s facilities, a place where teachers, students, pupils, and learners regularly come to sit in each class to listen to lectures, practice experiments and exchange knowledge.

12. The number of health establishments means the number of state-owned or private hospitals, health centers and health stations located in the reporting administration unit.

13. Cultural works mean construction institutions created to serve cultural, information and propaganda activities.

14. Perennial plants mean plants with the time from sowing to harvest more than one year.

15. Annual plants mean plants with the time from sowing to harvest not exceeding one year.

16. Newly-planted concentrated forest area means the area of newly planted forest trees that satisfy technical standards of 0.5 ha or more.

17. Food means clean dry rice, maize, potato and cassava products harvested during the year.

Article 3. Damage level

The level of damage to facilities is prescribed as follows:

1. Complete damage: Facilities are lost or destroyed, damaged over 70% and cannot be recovered.

2. Very heavy damage: Facilities are reduced productivity or destroyed, damaged from 50 - 70%.

3. Heavy damage: Facilities are reduced productivity or destroyed, damaged from 30 - 50%.

4. Partial damage: Facilities are reduced productivity or destroyed, damaged less than 30%.

Article 4. Principles for making statistics and assessment of damage

1. The damage statistics and assessment must be carried out in line with reality, meeting the direction, administration and response to natural disasters. A statistical report on damage must be made according to its competence.

2. Assurance of objectivity, publicity and transparency; the level of damage caused by natural disasters must be properly reflected.

3. Assurance of the close coordination among agencies and units engaged in the damage statistics and assessment activities.

4. All requirements for the damage statistics and assessment must be satisfied.

Chapter II

CRITERIA AND FORMS FOR MAKING DAMAGE STATISTICS AND ASSESSMENT

Article 5. Criteria for making damage statistics and assessment

1. Criteria for making statistics and assessment of damage caused by natural disasters includes:

a) Regarding people: Including the dead, missing, injured and the number of households or persons directly affected by natural disasters.

b) Regarding houses: including permanent buildings, semi-permanent buildings, unstable buildings and simple buildings.

c) Regarding education: Including school’s facilities and educational equipment.

d) Regarding healthcare: Including the number of health establishments, drugs, medical supplies and equipment.

dd) Regarding culture: Including cultural works, cultural and historical relics, tourist attraction, cultural assets and equipment.

e) Regarding agriculture, forestry and salt production: Including areas for sowing (in agriculture sector), concentrated planted forests (in forestry sector), and areas for making salt, the quantity of harvested salts and foods and green tree in urban areas.

g) Regarding animal husbandry Including cattle, poultry and other domestic animals; farmhouses, equipment and supplies used in animal husbandry.

h) Regarding irrigation: Including dikes, embankments, sluices, surrounding dikes, retaining banks, canals, pumping stations, reservoirs, irrigation dams and other irrigation works.

i) Regarding traffic: Including infrastructures, means of transportation by road, inland waterways, railways, maritime, and aviation.

k) Regarding fisheries: Including areas and aquatic products from rivers, lakes, ponds, fish cages; fishing equipment, equipment for aquaculture and fishing vessels.

l) Regarding information and communications: Including aerial relay masts, cable poles and equipment, supplies for the information and communications.

m) Regarding industry: Including facilities related to industry and petroleum industry.

n) Regarding construction: Including projects under construction; equipment, machinery and building material.

o) Other works.

2. The list detailing criteria groups is specified in statistical forms of summarizing damage caused by different types of natural disasters provided in Appendix I; Conceptual explanations and instructions for defining criteria for making damage statistics and assessment are specified in Appendix II attached to this Circular.

Article 6. Damage statistics and assessment forms

1. Damage statistics and assessment forms are classified into many groups according to types of natural disasters in the locality, including:

a) Form 01/TKTH - Quick synthesis of damage/phases caused by the following types of natural disasters: Typhoon, tropical low pressure, gale-force wind at sea, heavy rain, flashflood, sweeping flood, inundation, landslide and land subsidence due to floods or water currents, water rise and tsunami.

b) Form 02/TKTH - Quick synthesis of damage/phases caused by the following type of natural disasters: Whirlwind, lightning and hail.

c) Form 03/TKTH - Quick synthesis of damage/phases caused by the following type of natural disasters: Hoarfrost, fog and damaging cold weather.

d) Form 04/TKTH - Quick synthesis of damage/phases caused by the following type of natural disasters: Saltwater intrusion, drought and scorching weather.

dd) Form 05/TKTH - Quick synthesis of damage/phases caused by the following type of natural disasters: earthquake.

e) Form 06/TKTH - Causes of death and missing.

g) Form 07/TKTH - Synthesis of damage caused by natural disasters in the first 06 months of the year and the whole year.

h) Form 08/TKTH - Synthesis of main criteria for damage caused by natural disasters on a periodical and annual basis.

i) For other types of natural disasters that are additional prescribed in legal normative documents on natural disaster prevention and control: Types of natural disasters, scope of effect, damage levels and occurring time shall be used as a basis for integrating them into one of the above-mentioned forms (from 01/TKTH to 06/TKTH by order) to make damage statistics and assessment for such types of natural disasters.

2. Symbols recorded on forms made by each authority level are prescribed as follows:

a) Commune-level: /TKTH-X.

b) District-level: /TKTH-H.

c) Provincial/municipal-level: /TKTH-T.

d) Ministries and line ministries: /TKTH-name of ministry or line ministry.

Chapter III

CONTENTS, REPORTING REGIME AND INSPECTION OF DAMAGE STATISTICS AND ASSESSMENT DATA RESULTS

Article 7. Types of damage statistics and assessment reports

1. Quick reports on the natural disaster and damage (quick report): Shall be made immediately after the natural disaster. The time for reporting: within 24 hours from the time of occurring a natural disaster and daily until the end of the natural disaster.

2. Synthesis reports of natural disasters: Shall be made when completing the statistics and assessment of damage or ending the natural disaster, applied to the types of natural disasters lasting for many days or the types of natural disasters causing heavy damage that requires statistics and assessment in a long period.

3. Periodical reports of the natural disaster prevention and control (biannual and annual reports): Shall be made at the end of the first 06 months of the year, and at the annual natural disaster prevention and control summarization.

4. Ad-hoc reports: If it is necessary to make statistical reports for the state management, agencies requiring reports must have a written document specifying purposes, time and reporting contents.

5. In addition to written reports, the commanding committees for natural disaster prevention and control, search and rescue and ministries, line ministries must regularly provide information and report via telephone about any emergency cases.

Article 8. Reporting contents

1. Quick report:

Depending on the development of types of natural disasters, the intensity and scope of effect, a quick report shall include the main contents as follows:

a) The natural disaster: Type of natural disasters; occurring time; development, intensity and scope of effect; segregated areas; inundation level (if any); ending time (if the natural disaster ends at the time of reporting).

b) Command of response to natural disasters: To specify the command and response to natural disasters. Results received at the reporting time, including the number of relocated persons, the number of notified vessels and vessels that are moving out of the dangerous areas, the number of vessels anchoring at the ports or traveling on other areas (if any).

c) Damage statistics and assessment:

- Presentation: Depending on the types of natural disasters, damages for the damage statistics and assessment. In case of failing to make adequate statistics and assessment, such damage must be recorded as initial damage. Main criteria includes: Damage to human life; houses; educations; healthcare; agriculture; irrigation; traffic; and a number of criteria as prescribed in forms from 01 to 06/TKTH in Appendix I (if any). For damage to works such as dikes, dams, lakes, landslide, storm shelters, traffic works, it is required to describe the type of damage (incident); place, location; occurring time, scope, incident development until the reporting time. Estimate of damage if possible.

- Forms: To list damage criteria according to forms from 01/TKTH to 06/TKTH provided in Appendix I, to estimate damage value if possible.

d) Remediation of natural disaster consequences: To specify the results of natural disaster consequence remediation until the reporting time, including:

- Search and rescue of human and assets;

- Work repairing. For natural disaster prevention and control works and traffic works: To specify the handling; and implementation results until the reporting and estimate of finishing time;

- Support of damage to human life, houses; provision of essentials and other support for the remediation of consequences (if any).

dd) Proposal and recommendation:

To specify proposals for the response and remediation of natural disaster consequences if it is beyond the locality s capacity.

2. Synthesis reports of natural disaster phases:

a) The natural disaster: Summary of the natural disaster context and development from the beginning to the end.

b) Command of response to natural disasters: Summary of the response command of all levels and sectors during the natural disaster.

c) Results of the command:

Summary of implemented results (if any), including: Relocation; sending warning to vessels; mobilization of human, means, supplies and other results (if any).

c) Damage statistics and assessment:

- Presentation: To make damage statistics and assessment according to the following main criteria: Damage to human life; houses; educations; healthcare; agriculture; irrigation; traffic; and a number of criteria as prescribed in forms from 01 to 06/TKTH in Appendix I (if any). Estimate of damage caused by natural disasters.

- Forms: To list damage criteria according to forms from 01/TKTH to 06/TKTH provided in Appendix I, and estimate damage value caused by natural disasters.

dd) Remediation of natural disaster consequences:

Summary of remediation results, including: Search and rescue of human and assets; work repairing; support of damage to human life, houses; provision of essentials and other support for the remediation of consequences (if any).

e) Inadequacies and recommendations

- The inadequacies need to draw experiences for all levels and line ministries in the prevention, response and remediation of consequences through the above-mentioned natural disaster prevention and control;

- Proposal of contents beyond the locality s capacity;

For natural disasters occurring in a short time with narrow scope, a quick report with adequate and accurate information as mentioned above shall be considered as synthesis reports of natural disaster phases.

3. Periodical reports of the natural disaster prevention and control (biannual and annual reports):

a) Summary of natural disasters that have occurred in the area, clearly stating how many natural disasters occurred, the number of occurrences of each type of natural disaster.

b) Command of response to natural disasters: To specify the command, implementation of prevention, control, response and remediation of consequences; and achieved results.

c) Damage statistics and assessment:

- Presentation: To list and assess main damage criteria with regard to Human life, houses, education, healthcare, agriculture, irrigation, traffic and a number of criteria (if any) and estimate of total damage value during the period of periodical report.

- Forms: To list according to the forms 07/TKTH and 08/TKTH provided in Appendix I and estimate damage value in cash for required criteria.

d) Assessment of the natural disaster prevention and control.

- Achieved contents.

- Inadequacies.

- Experiences.

dd) The task implementation for the next period: To list main tasks to be implemented in the next period (the last 06 months of the year and the year following the reporting period).

e) Proposal and recommendation.

Article 9. Reporting regime and agencies

1. Quick reports:

a) The commune-level commanding committee for natural disaster prevention and control, search and rescue shall make and send a quick report to the commune-level People’s Committee and district-level commanding committee for natural disaster prevention and control, search and rescue before 05:00 p.m. every day.

b) The district-level commanding committee for natural disaster prevention and control, search and rescue shall make and send a quick report to the district-level People’s Committee and provincial-level commanding committee for natural disaster prevention and control, search and rescue before 06:00 p.m. every day.

c) The provincial-level commanding committee for natural disaster prevention and control, search and rescue shall summarize and make a quick report on the natural disaster and its damage and send it to the provincial-level People’s Committee and the central steering committee for natural disaster prevention and control before 07:00 p.m. every day.

d) The commanding committees for natural disaster prevention and control, search and rescue of ministries and ministerial-level agencies shall make quick reports on the natural disaster and its damage (if any) within their management and send them to the central steering committee for natural disaster prevention and control before 07:00 p.m. every day.

dd) In addition, agencies may report by phone call, SMS, email in order to update the natural disaster and damage caused by the natural disaster. In case of emergency natural disasters, the provincial- and ministerial-level People’s Committee and commanding committee for natural disaster prevention and control, search and rescue shall make additional reports.

2. Synthesis reports of damage caused by each phase of natural disasters

a) The People’s Committees at all levels shall make synthesis reports of natural disaster phases and send them to the People’s Committee at higher level, the provincial-level People’s Committee shall inspect, summarize and report to the Prime Minister, at the same time, send them to the Ministry of Agriculture and Rural Development for summary within 15 days after the natural disaster ends.

b) Ministries, ministerial-level agencies and government-attached agencies shall make synthesis reports of natural disaster phases within their management and send them to the Prime Minister, at the same time, send them to the Ministry of Agriculture and Rural Development for summary within 15 days after the natural disaster ends.

3. Periodical reports on the natural disaster prevention and control

a) The People’s Committees at all levels shall make periodical reports on the natural disaster prevention and control and send them to the People’s Committee at higher level, the provincial-level People’s Committee shall summarize and report to the Prime Minister, at the same time, send them to the Ministry of Agriculture and Rural Development for summary.

b) Ministries, ministerial-level agencies and government-attached agencies shall make periodical reports on the natural disaster prevention and control within their management and send them to the Prime Minister, at the same time, send them to the Ministry of Agriculture and Rural Development for summary.

c) Time for making reports:

- Biannual report: From January 01 to June 30 every year. Time for sending report: before July 15 every year;

- Annual report: From January 01 to December 31 every year. Time for sending report: before January 31 of the subsequent year.

Article 10. Methods of sending reports

Report on statistics and assessment of damage caused by natural disasters shall be made by the competent agency with the signature and stamp of the head of such agency and shall be sent to report-receiving agencies via the following means:

1. For rapid reports: To send via fax, email or another means that is the fastest.

2. For synthesis reports of phases, periodic reports and other reports: To send via post, fax, email.

Article 11. Inspection of damage statistics and assessment data

1. Inspection contents

a) Compliance of law on statistics.

b) Compliance of regimes and responsibilities of reporting statistics and assessment of damage;

c) Other contents related to statistics and assessment of damage, including:

- Accuracy of data synthesis in statistical tables;

- Consistency of data among tables of damage statistics and assessment data of each level; between the data table and the report on results of damage statistics and assessment;

The completeness of the contents; compliance with actual situation of damage data and estimated damage value in cash.

2. Responsibilities of inspection

a) Units and individuals directly making statistics of and assess damage shall inspect on their own during the period of statistics.

b) The commanding committees for natural disaster prevention and control, search and rescue at all levels shall inspect results of damage statistics and assessment before reporting to superior natural disaster prevention and control, search and rescue agencies and the same level People’s Committees.

c) People’s Committees at all levels shall organize the inspection of damage statistics and assessment results before reporting to superior People’s Committees and provincial-level People’s Committees shall organize the inspection of damage statistics and assessment results before reporting to the Prime Minister and the Ministry of Agriculture and Rural Development.

d) Ministries, ministerial-level agencies, government-attached agencies shall organize the inspection of damage statistics and assessment results within their management before reporting to the Prime Minister.

Chapter IV

CONTENTS, METHODS, ORDER AND RESPONSIBILITIES OF AGENCIES MAKING STATISTICS AND ASSESSMENT OF DAMAGE

Article 12. Contents of making statistics and assessment of damage

1. Investigating, collecting dossiers, documents, data related to the damage items specified in forms or statistics data of damage caused by natural disasters.

2. Inspecting, synthesizing data and formulating tables making statistics of damage of all levels according to regulations.

3. Analyzing and assessing the causes, estimating damage, proposing solutions to support and remedy consequences of natural disasters.

4. Formulating reports on statistics and assessment of damage.

Article 13. Methods of making statistics and assessment of damage

1. Making statistics and collecting information about damage caused by natural disasters for the damage statistics and assessment data synthesis as follows:

a) Observing the investigation at the scenes where natural disasters occur, tallying and making statistics of damage related to the items prescribed in forms and recording results in the statistical Form.

b) Collecting data through investigation in residential areas and reports of authorities at grassroots level and missions at the scenes.

2. Synthesis and reporting

Data of damage caused by a natural disaster must be promptly recorded and reported within 24 hours after the commencement of a natural disaster and reported daily until the end of the disaster, to be specific:

a) During natural disasters: Making statistics and assessment of damage according to the principle of accumulation, addition or modification of the level of damage (if any) until the time of reporting and recording according to statistical forms for each type of natural disaster specified in Article 6 of this Circular.

b) After natural disasters: Fully reporting statistics and assessment data of damage caused by natural disasters, using statistical forms for each type of natural disaster specified in Article 6 of this Circular on the basis of synthesis, addition or modification (if any) of daily quick reports.

3. Evaluation of damage value

Provincial-level People’s Committees shall issue unit price for statistics and synthesis of damage caused by natural disasters in their provinces as a basis for determining the damage value.

Article 14. Order of making statistics and assessment of damage

1. Preparation before natural disasters

a) Collecting people’s living and economy situation within the management of the agency or unit.

b) Fully preparing the statistical forms as prescribed.

2. Making statistics and assessment of damage upon natural disasters

a) During natural disasters

- Collecting and synthesizing damage data of areas affected by natural disasters;

- Making quick reports on situation of natural disasters and their damage in accordance with Clause 1, Article 8 of this Circular.

b) After natural disasters

- Continuing to collect, synthesize and analyze statistics items and make assessment of damage. In this course, addition and modification of specific data of daily reported items in conformity with actual situation shall be permitted.

- Formulating synthesis report of the natural disaster phase.

Article 15. Responsibilities of agencies reporting statistics and assessment of damage

1. Investigating, collecting information, synthesizing analysis, evaluation according to contents, methods and order of making statistics and assessment of damage according to this Circular. Formulating and sending the report to relevant agencies with the time and methods as specified.

2. Inspecting and reviewing results of damage statistics and assessment in received reports within their competence. If contents of report are not clear, damage statistics and assessment information is not complete, to promptly request agencies to making reports modifying or adding; if need be, to coordinate with relevant agencies and organizations in inspecting and verifying to ensure the accuracy and objectivity of reports on damage statistics and assessment. Synthesizing results and reporting to superior agency according to regulations.

Chapter V

ANNOUNCEMENT AND ARCHIVE OF DAMAGE STATISTICS AND ASSESSMENT DATA

Article 16. Announcement of damage statistics and assessment data

1. Chairpersons of People’s Committees of provinces and central affiliated cities shall announce damage data of the locals under their management in accordance with law.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies shall announce damage data under their management in accordance with law.

3. The Ministry of Agriculture and Rural Development shall announce damage data caused by natural disasters nationwide according to law and this Circular through: Statistical yearbook; press conference; annual summary report on natural disaster prevention and control; statistical products in electronic documents uploaded at the Portals of the Ministry of Agriculture and Rural Development and standing office of the central steering committee for natural disaster prevention and control.

4. Time of announcement: Annually, the synthesis of damage caused by natural disasters in the year is announced once. The deadline for the announcement is before March 31 of the following year.

Article 17. Archive of damage statistics and assessment data

1. Documents of damage statistics and assessment of all levels, line ministries and the country must be managed and archived in printed form and digital files for a long time.

2. Documents of damage statistics and assessment of all levels shall be archived at People s Committees and the commanding committees for natural disaster prevention and control, search and rescue at the same level.

3. Documents of damage statistics and assessment of ministries, line ministries shall be archived at the commanding committees for natural disaster prevention and control, search and rescue of ministries, units at the level equivalent to General Department, Department and relevant subordinate units.

4. Damage statistics and assessment documents of the country shall be archived at the Ministry of Agriculture and Rural Development and the central steering committee for natural disaster prevention and control.

5. Management of damage statistics and assessment data shall comply with law on archives and guiding documents.

Article 18. Management and use of damage statistics and assessment data

1. The competent person shall announce damage statistics and assessment data as the public property. All organizations and individuals shall be equal in its access, exploitation and use.

2. The quotation and use of announced damage statistics and assessment data must be truthful and comply the clear statement of the origin of information.

Chapter VI

IMPLEMENTATION ORGANIZATION

Article 19. Responsibilities of all levels and line ministries

1. The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment in, steering and inspecting the implementation of this Circular nationwide.

2. Ministries, ministerial-level agencies, government-attached agencies; People’s Committees at all levels shall direct relevant agencies to implement this Circular.

Article 20. Effect

1. This Circular takes effect on December 30, 2015.

2. Any problem arising in the course of implementation should be promptly reported to the Ministry of Agriculture and Rural Development for study and settlement./.

* All Appendices are not translated herein.