Law Amending Law on Natural Disaster Prevention and Control and the Law on Dikes, Law No. 60/2020/QH14

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 Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law Amending and Supplementing a Number of Articles of Law No. 33/2013/QH13 on Natural Disaster Prevention and Control and Law No. 79/2006/QH11 on Dikes, which had a number of articles amended and supplemented under Law No. 15/2008/QH12 and Law No. 35/2018/QH14

Article 1. To amend and supplement a number of articles of the Law on Natural Disaster Prevention and Control

1. To amend and supplement a number of clauses of Article 3 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. Natural disaster means an abnormal natural phenomenon that may cause damage to human life, property, the environment, living conditions and socio-economic activities. Natural disasters include typhoon, tropical low pressure, gale-force wind at sea, whirlwind, lightning, heavy rain, flood, flashflood, inundation; landslide and land subsidence due to rain, flood, water current or drought; water rise, seawater intrusion, scorching weather, drought, wildfire, damaging cold weather, hail, fog, hoarfrost, earthquake, tsunami and other natural disasters.”;

b/ To amend and supplement Clause 5 as follows:

“5. Natural disaster prevention and control works means works built by the State, organizations or individuals, including meteorological, hydrological, oceanographic and seismic observatories, and natural disaster warning stations; dikes, reservoirs and dams, embankments, anti-inundation, anti-drought, anti-seawater intrusion, anti-landslide, anti-land subsidence, anti-flashflood and anti-lightning facilities; storm shelters for ships and boats, evacuation houses and other facilities serving natural disaster prevention and control.”.

2. To add Clauses 6 and 7 below Clause 5, Article 5 as follows:

“6. To prioritize the allocation of resources for researches, baseline surveys, formulation and implementation of scientific and technological programs for natural disaster prevention and control; to intensify measures to remediate consequences of natural disasters.

7. To prioritize training and further training to build capacity of persons engaged in natural disaster prevention and control; to provide training and means and equipment to commune-level natural disaster preparedness forces.”.

3. To amend and supplement Article 6 as follows:

“Article 6. Manpower for natural disaster prevention and control

1. Manpower for natural disaster prevention and control consists of:

a/ Local organizations, households and individuals that make up on-the-spot forces to carry out natural disaster prevention and control activities;

b/ Militia and self-defense forces that make up on-the-spot forces to perform natural disaster prevention and control tasks under local natural disaster response plans and assignment by competent persons;

c/ The People’s Army and People’s Public Security forces that shall perform natural disaster prevention and control tasks and act as the core in the evacuation of people, vehicles and assets, rescue and salvage, and assurance of security and social order and safety as assigned by competent persons;

d/ Organizations and individuals that voluntarily support natural disaster prevention and control activities and perform natural disaster prevention and control tasks under the command of competent persons;

dd/ Persons engaged in natural disaster prevention and control activities at state agencies that perform natural disaster prevention and control tasks.

2. Commune-level natural disaster preparedness forces working on a part-time basis shall be decided by chairpersons of commune-level People’s Committees to be formed from the manpower specified at Points a and b, Clause 1 of this Article. They include militia in villages and residential quarters; in commune-level localities and other organizations in localities performing natural disaster prevention and control tasks under local natural disaster response plans.

3. The Government shall provide regimes and policies for commune-level natural disaster preparedness forces specified in Clause 2 of this Article.”.

4. To amend and supplement Clause 1, Article 7 as follows:

“1. Supplies, vehicles and equipment for natural disaster prevention and control activities include special-use supplies, vehicles and equipment for natural disaster prevention and control and other supplies, vehicles and equipment of the State; supplies, vehicles and equipment mobilized from local organizations and individuals; and supplies, vehicles and equipment prepared by organizations, households and individuals themselves.

The Prime Minister shall promulgate the list of, and prescribe the management and use of, special-use supplies, vehicles and equipment for natural disaster prevention and control.”.

5. To add Clause 4 below Clause 3, Article 8 as follows:

“4. Other law-specified sources.”

6. To amend and supplement Article 9 as follows:

“Article 9. State budget funds for natural disaster prevention and control

1. State budget funds for natural disaster prevention and control include annual budget funds, state budget contingency funds and financial reserve funds.

2. State budget funds for natural disaster prevention and control shall be used for formulation and implementation of natural disaster prevention and control strategies, plans and baseline surveys; construction, renovation and upgrading of natural disaster prevention and control works; natural disaster preparedness activities; and regular operations of state management agencies in charge of natural disaster prevention and control at different levels.

The estimation, allocation, management and use of state budget funds for natural disaster prevention and control must comply with the law on the state budget and other relevant laws.

3. State budget contingency funds for natural disaster prevention and control shall be used as follows:

a/ To support the response to, and remediation of consequences of, natural disasters;

b/ Based on response activities, extent of damage, relief needs and relevant regimes and policies, People’s Committees at all levels shall decide on use of local budget contingency funds to meet urgent needs for responding to, and remediating consequences of, natural disasters, which are not covered by approved annual expenditure estimates;

c/ In case local budget contingency funds are used up but still insufficient to meet needs, chairpersons of provincial-level People’s Committees may propose the Prime Minister to provide aid. The National Steering Committee for Natural Disaster Prevention and Control shall summarize damage and needs of localities for aid and propose them to the Prime Minister for decision.

4. Financial reserve funds shall be used to perform natural disaster prevention and control tasks and remediate serious consequences of natural disasters beyond the estimation of funds in case budget sources and budget contingency funds are still insufficient for such tasks even after being restructured and used up in accordance with the law on the state budget.”.

7. To amend and supplement a number of clauses of Article 10 as follows:

a/ To amend and supplement Clauses 1 and 2 as follows:

“1. Natural disaster prevention and control funds means off-budget state financial funds, including the Central Natural Disaster Prevention and Control Fund managed by the Ministry of Agriculture and Rural Development and provincial-level natural disaster prevention and control funds managed by provincial-level People’s Committees.

2. Financial sources of natural disaster prevention and control funds are specified as follows:

a/ Financial sources of the Central Natural Disaster Prevention and Control Fund include aid and voluntary contributions of domestic and foreign organizations and individuals; transfers from provincial-level natural disaster prevention and control funds under the Prime Minister’s decisions, and other lawful sources.

b/ Financial sources of provincial-level natural disaster prevention and control funds include aid and voluntary contributions of domestic and foreign organizations and individuals; compulsory contributions of domestic and foreign economic organizations based in localities, and Vietnamese citizens aged from full 18 years to retirement age in normal working conditions in accordance with the labor law; transfers from the Central Natural Disaster Prevention and Control Fund and other provincial-level natural disaster prevention and control funds, and other lawful sources.”;

b/ To amend and supplement Clause 4 as follows:

“4. Principles of operation of natural disaster prevention and control funds are as follows:

a/ Operating for not-for-profit purposes;

b/ Being managed and used for proper purposes in accordance with law and in a timely, effective, public and transparent manner;

c/ Supporting natural disaster prevention and control activities that have not yet received state budget investment or in which state budget investment is insufficient.”.