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

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ATTRIBUTE Law Amending Law on Natural Disaster Prevention and Control and the Law on Dikes

Law No. 60/2020/QH14 dated June 17, 2020 of the National Assembly, Amending and Supplementing a Number of Articles of the Law on Natural Disaster Prevention and Control and the Law on Dikes
Issuing body: National Assembly of the Socialist Republic of Vietnam Effective date:
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Official number: 60/2020/QH14 Signer: Nguyen Thi Kim Ngan
Type: Law Expiry date: Updating
Issuing date: 17/06/2020 Effect status:
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Fields: Natural Resources - Environment

SUMMARY

From July 01, 2021, wildfire shall be considered as natural disaster

On June 17, 2020, the National Assembly passes the Law Amending and Supplementing a Number of Articles of the Law on Natural Disaster Prevention and Control and the Law on Dikes No. 60/2020/QH14.

Accordingly, in addition to some natural disasters as specified in the Law on Natural Disaster Prevention and Control, the following abnormal natural phenomena also are considered as natural disasters: Wind at sea; Landslide and land subsidence due to drought; Wildfire and fog.

From the effective date of this Law, persons engaged in natural disaster prevention and control activities at state agencies that perform natural disaster prevention and control tasks also are considered as the manpower for natural disaster prevention and control.

In accordance with the previous regulations, Natural disaster prevention and control funds mean funds established in provincial level and managed by the provincial People’s Committee. However, according to the new provisions, 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.

This Law takes effect on July 01, 2021.

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Effect status: Known

THEPRESIDENT

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 05/2020/L-CTN

 

Hanoi, July 1, 2020

 

ORDER

On the promulgation of law

 

THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to Articles 88 and 91 of the Constitution of the Socialist Republic of Vietnam;

Pursuant to Article 80 of the Law on Promulgation of Legal Documents,

 

PROMULGATES:

The Law Amending and Supplementing a Number of Articles of the Law on Natural Disaster Prevention and Control and the Law on Dikes,

which was passed on June 17, 2020, by the XIVthNational Assembly of the Socialist Republic of Vietnam at its 9thsession.

President of the Socialist Republic of Vietnam
NGUYEN PHU TRONG


 

THE NATIONALASSEMBLY

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

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 disastermeans 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 worksmeans 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.”.

8. To amend and supplement a number of clauses of Article 13 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. Carrying out baseline surveys, and formulating, approving and implementing natural disaster prevention and control strategies and plans.”;

b/ To amend and supplement Clauses 5 and 6 as follows:

“5. Formulating, approving and implementing master plans on natural disaster prevention and control and hydraulic work, master plans on residential areas and organization of production in adaptation to natural disasters; reviewing and formulating plans on relocation of inhabitants in natural disaster-prone areas.

6. Identifying natural disaster risk levels; fulfilling natural disaster prevention and control requirements.”.

9. To add Article 13a below Article 13 as follows:

“Article 13a. Baseline surveys of natural disaster prevention and control

1. Baseline surveys of natural disaster prevention and control shall be carried out on a regular or irregular basis to collect information and develop a database to serve the state management and natural disaster prevention and control activities.

2. Contents of a baseline survey of natural disaster prevention and control include:

a/ Actual number, quality and capacity of natural disaster prevention and control works and infrastructure facilities related to natural disaster prevention and control;

b/ Actual organizational structure, mechanisms and policies, manpower, finance and equipment for natural disaster prevention and control activities;

c/ Actual state of natural disaster information, monitoring and surveillance systems and natural disaster prevention and control data;

d/ Impacts of climate change on possible occurrence of natural disasters; impacts of natural disasters on socio-economic development; types of natural disasters; socio-economic development activities related to natural disaster prevention and control.

3. Ministries, ministerial-level agencies, government-attached agencies and People’s Committees at all levels shall carry out, and approve, publicize and manage results of, baseline surveys of natural disaster prevention and control within the ambit of their functions, tasks and powers, and send such results to the Ministry of Agriculture and Rural Development for management.”.

10. To amend and supplement a number of points and clauses of Article 15 as follows:

a/ To amend and supplement Point c, Clause 4 as follows:

“c/ Determining natural disaster prevention and control contents and measures suitable to different natural disaster risk levels and specific types of natural disasters in order to minimize natural disaster risks, paying attention to dangerous areas and vulnerable groups with a focus on formulating plans on integrated management of floods in river basin of provinces; and plans on prevention and control of devastating storms, flash floods, landslides, drought, seawater intrusion, or river bank erosion due to flood or strong water current, and coastal erosion;”;

b/ To amend and supplement Point c, Clause 6 as follows:

“c/ Determining overall natural disaster prevention and control contents, measures, programs, schemes and projects suitable to different natural disaster risk levels and natural disasters in order to minimize natural disaster risks, paying attention to dangerous areas and vulnerable groups with a focus on formulating plans on integrated management of floods in river basins; and plans on prevention and control of devastating storms, flash floods, landslides, drought, seawater intrusion, or river bank erosion due to flood or strong water current, and coastal erosion;”;

c/ To amend and supplement Point c, Clause 7 as follows:

“c/ The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with the Ministry of National Defense, other ministries, ministerial-level agencies, government-attached agencies and localities in, formulating and submitting a national natural disaster prevention and control plan to the Prime Minister for approval; and guide the formulation of local natural disaster prevention and control plans at all levels.”.

 

11. To add Article 18a below Article 18 as follows:

“Article 18a. Fulfillment of natural disaster prevention and control requirements in the management, operation and use of works

1. Organizations and individuals that manage, operate and use mineral mining areas and other natural resource mining areas; urban centers; tourism sites and areas; industrial parks; rural residential areas; natural disaster prevention and control, transport and power works, and other technical infrastructure facilities shall fulfill natural disaster prevention and control requirements in technical regulations and relevant regulations promulgated by competent agencies.

2. Households and individuals that use works and houses under their own ownership shall satisfy criteria on fulfillment of natural disaster prevention and control requirements set by provincial-level People’s Committees.

3. The Minister of Agriculture and Rural Development shall issue general regulations on fulfillment of natural disaster prevention and control requirements specified in Clause 1 of this Article.

4. Ministers, heads of ministerial-level agencies, and People’s Committees at all levels shall, within the ambit of their tasks and powers, issue specific regulations on fulfillment of natural disaster prevention and control requirements specified in Clause 1 of this Article and inspect the implementation of such regulations.

5. People’s Committees at all levels shall examine households’ and individuals’ satisfaction of criteria on fulfillment of natural disaster prevention and control requirements set by provincial-level People’s Committees as specified in Clause 2 of this Article.

6. Technical regulations serving the management, operation and use of the works specified in Clause 1 of this Article must contain contents on fulfillment of natural disaster prevention and control requirements.”.

12. To amend and supplement Article 19 as follows:

“Article 19. Fulfillment of natural disaster prevention and control requirements in the construction, renovation or embellishment of urban centers; tourism sites and areas; industrial parks; rural residential areas; natural disaster prevention and control, transport and power works and other technical infrastructure facilities

1. When formulating and implementing investment projects to build,  renovate or embellish urban centers; tourism sites and areas; industrial parks; rural residential areas; natural disaster prevention and control, transport and power works and other technical infrastructure facilities, project owners shall fulfill natural disaster prevention and control requirements, including:

a/ Minimizing or not increasing natural disaster risks and ensuring stability of works during natural disasters;

b/ Observing the laws on environmental protection, construction, and planning.

2. Investment deciders shall appraise contents on fulfillment of natural disaster prevention and control requirements in dossiers of investment projects to build, renovate or embellish urban centers; tourism sites and areas; industrial parks; rural residential areas; natural disaster prevention and control, transport and power works and other technical infrastructure facilities before approving these projects and deciding on investment.

3. When building or upgrading works and houses, households and individuals are encouraged to apply standards that have contents on fulfillment of natural disaster prevention and control requirements.

4. Work construction standards and technical regulations must have contents of fulfillment of natural disaster prevention and control requirements.”.

13. To amend and supplement a number of points and clauses of Article 21 as follows:

a/ To amend and supplement Clause 2 as follows:

“2. Information, public communication and education about natural disaster prevention and control may be carried out in various forms suitable to different target groups, including the following principal forms:

a/ Via websites of ministries, ministerial-level agencies, government-attached agencies and localities, and in the mass media;

b/ In specialized documents, journals and leaflets, including documents in ethnic minority languages;

c/ At exhibitions, workshops and training courses on, and drills of, natural disaster prevention and control;

d/ Natural disaster prevention and control knowledge integrated into curricula of all educational levels;

dd/ At natural disaster prevention and control forums for consultation on policies and laws and sharing of information and experiences in natural disaster prevention and control;

e/ Through training and further training to improve natural disaster prevention and control knowledge.”;

b/ To amend and supplement Point d, Clause 3 as follows:

“d/ The Ministry of Agriculture and Rural Development shall direct and organize the implementation of programs and schemes on improvement of public awareness about natural disaster prevention and control and community-based natural disaster risk management;”.

14. To amend and supplement a number of points and clauses of Article 24 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. Information on natural disaster forecasts and warnings must be timely, and reliable and meet needs of various target groups and communicated in Vietnamese, paying special attention to vulnerable groups and, when necessary, communicated in ethnic minority languages.”;

b/ To add Point c below Point b, Clause 2 as follows:

“c/ Bulletins on wildfire forecasts and warnings must have information on forest areas and types, and wildfire risk areas and levels.”;

c/ To amend and supplement Point a, Clause 3 as follows:

“a/ The Ministry of Natural Resources and Environment shall issue bulletins on meteorological, hydrological and oceanographic forecasts and warnings about natural disasters. The Ministry of Agriculture and Rural Development shall issue bulletins on wildfire forecasts and warnings;”.

15. To amend and supplement Clause 4, Article 25 as follows:

“4. The Government shall specify agencies responsible for communicating information; frequency and time of communicating information to direct and command response to natural disasters; information networks and equipment serving the direction and command of response to natural disasters; natural disaster emergency circumstances; types of emergency projects for natural disaster prevention and control and consequence remediation that need to be implemented to immediately remediate consequences offorce majeureevents.”.

16. To amend and supplement Clause 5, Article 26 as follows:

“5. For scorching weather, whirlwind, lightning, hail, gale-force wind at sea, fog, wildfire and other natural disasters, based on forecasts, warnings, characteristics and actual developments of each natural disaster, proactively taking response measures appropriate to specific circumstances.”.

17. To add Clause 3 below Clause 2, Article 30 as follows:

“3. The Government shall detail this Article.”.

18. To amend and supplement a number of points and clauses of Article 32 as follows:

a/ To amend and supplement Point c, Clause 1 as follows:

“c/ Resources for provision of emergency relief include food, commodities, curative medicines, water and environmental treatment chemicals from the national reserves; annual state budget contingency funds; natural disaster prevention and control funds; voluntary contributions of organizations and individuals; and international aid.”;

b/ To amend and supplement Point c, Clause 2 as follows:

“c/ Resources for provision of medium-term aid include reserve foods and commodities of the State; the state budget; natural disaster prevention and control funds; voluntary contributions of organizations and individuals; and international aid.”;

c/ To amend and supplement Point c, Clause 3 as follows:

“c/ Resources for provision of long-term aid include state budget funds and voluntary contributions of organizations and individuals; and international aid;”.

19. To amend and supplement Clause 2, Article 33 as follows:

“2. The competence to mobilize, call for and allocate resources for provision of relief and aid is as follows:

a/ The Prime Minister, ministers, heads of ministerial-level agencies and chairpersons of People’s Committees at all levels may mobilize state resources for provision of emergency relief and medium-term aid in accordance with the laws on the state budget and national reserves. Long-term aid shall be provided under annual plans;

b/ The Ministry of Agriculture and Rural Development and provincial-level People’s Committees may use natural disaster prevention and control funds for natural disaster prevention and control activities, with priority given to provision of emergency relief and medium-term aid under Clause 3, Article 10 of this Law;

c/ The Vietnam Fatherland Front Central Committee, provincial-level Vietnam Fatherland Front Committees, Vietnam Red Cross Society, and provincial-level and district-level People’s Committees may mobilize, receive and allocate resources for provision of emergency relief and medium-term aid.

Ministries, ministerial-level agencies and government-attached agencies shall mobilize and receive resources for provision of emergency relief and medium-term aid and transfer them to the Vietnam Fatherland Front Central Committee, Vietnam Red Cross Society and provincial-level People’s Committees for allocation.

Local Vietnam Fatherland Front Committees and Vietnam Red Cross Society chapters shall coordinate with same-level People’s Committees in receiving and allocating resources for provision of emergency relief and medium-term aid;

d/ Organizations and individuals that may raise funds from the community in accordance with law shall coordinate with People’s Committees of localities in need of aid in providing emergency relief and medium-term aid;

dd/ The National Steering Committee for Natural Disaster Prevention and Control shall call for and receive international aid in emergency circumstances caused by natural disasters and transfer them to provincial-level People’s Committees for allocation.”.

20. To amend and supplement the title of Chapter IV as follows:

“Chapter IV

SCIENCE, TECHNOLOGY, AND INTERNATIONAL COOPERATION IN  NATURAL DISASTER PREVENTION AND CONTROL

21. To add Article 39a below Article 39 as follows:

“Article 39a. Science and technology in natural disaster prevention and control

1. High, advanced and new technology research and application to improve capacity of making forecasts, warnings, monitoring and surveillance and communication of news on natural disasters, impacts of climate change and activities that may increase natural disaster risks.

2. Scientific research and application of high, advanced and new technologies and new materials to increase efficiency of investment in, management and use of, natural disaster prevention and control works, and adapt to climate change; assurance of safety of dikes, anti-landslide and anti-land subsidence works, reservoirs, dams and other natural disaster prevention and control works.”.

22. To amend and supplement Point a, Clause 2, Article 40 as follows:

“a/ To call for international assistance for response to, and remediation of consequences of, natural disasters in Vietnam, except the case specified at Point dd, Clause 2, Article 33 of this Law; and concurrently act as Vietnam’s focal point in providing assistance to other countries under the Government’s instruction;”.

23. To amend and supplement a number of clauses of Article 44 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. The National Steering Committee for Natural Disaster Prevention and Control:

a/ The Prime Minister shall decide to set up the National Steering Committee for Natural Disaster Prevention and Control to perform the task of interdisciplinary coordination and assist the Government and Prime Minister in organizing and directing natural disaster prevention and control activities nationwide.

The National Steering Committee for Natural Disaster Prevention and Control is composed of its head being the Prime Minister or a Deputy Prime Minister and its members including ministers, heads of ministerial-level agencies or representatives of leaderships of a number of ministries and related agencies, and work on a part-time basis;

b/ 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 has an attached specialized agency to advise and assist the National Steering Committee.”;

b/ To amend and supplement Clause 3 as follows:

“3. Chairpersons of People’s Committees at all levels shall decide to set up same-level natural disaster preparedness, search and rescue commanding committees to assist their People’s Committees in commanding and organizing natural disaster prevention, control, search and rescue activities in their localities.

Natural disaster preparedness, search and rescue commanding committees at all levels are headed by chairpersons of same-level People’s Committees. Provincial-level natural disaster preparedness, search and rescue commanding committees may use current divisions of specialized agriculture and rural development agencies of provincial-level People’s Committees for advising and assisting them.”.

24.To replace the phrase “the Central Steering Committee for Natural Disaster Prevention and Control” in Clause 1, Article 17; Clause 4, Article 22; Clause 2, Article 23; Clause 1, Article 25; Article 26; Article 27; Clauses 2 and 4, Article 28; Clause 2, Article 29; Clause 2, Article 30; Clauses 2 and 4, Article 31; Clause 3, Article 42; and Clause 4, Article 44 with the phrase “the National Steering Committee for Natural Disaster Prevention and Control”.

Article 2.To amend and supplement a number of articles of the Law on Dikes

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

a/ To amend and supplement Clause 19 as follows:

“19.Sand expanses or isletsmean land areas emerging within river beds.”;

b/ To add Clause 23 below Clause 22 as follows:

“23.Riverbankmeans a boundary between the riverbed slope and natural ground of river stretches.”

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

a/ To amend and supplement Clause 5 as follows:

“5. Building works and houses within regulatory dike protection areas and riverbed which does not include sand expanses or islets, except works to serve flood and storm prevention and control, auxiliary works and special works.”;

b/ To amend and supplement Clause 7 as follows:

“7. Dumping wastes within regulatory dike protection areas, river stretches or riverbeds; storing materials in regulatory dike protection areas, excluding supplies reserved for flood and storm prevention and control.”;

c/ To amend and supplement Clause 10 as follows:

“10. Exploiting earth, rock, sand, cobble or other minerals; digging ponds or wells within regulatory dike protection areas and carrying out other activities obstructing river flows and flood drainage without taking handling or remedial measures.”.

3. To amend and supplement Clause 2, Article 25 as follows:

“2. The grant of permits for the activities specified in Clause 1 of this Article shall be based on dike and construction technical regulations promulgated by competent state management agencies. Provincial-level People’s Committees shall obtain written approval of the Ministry of Agriculture and Rural Development for grant of permits for the activities specified at Points a, b, c and h, Clause 1 of this Article, for dikes of special grade, grade I, grade II or grade III.”.

4. To amend and supplement Point b, Clause 1, Article 28 as follows:

“b/ The construction of bridges spanning diked rivers must ensure flood drainage, smooth flow and dike safety in accordance with this Law and ensure waterway navigation in accordance with the law on inland waterway transport; materials as discarded materials and makeshift works must not affect flows and shall be removed after the completion of works.

The Prime Minister shall prescribe the assurance of flood drainage, smooth flow and dike safety for the construction of bridges spanning diked rivers.”.

5. To amend and supplement Clause 2, Article 39 as follows:

“2. To make minutes of administrative violations, force violators to stop their violations and forward them to competent persons for administrative violation sanctioning.”.

6. To amend and supplement Clause 4, Article 42 as follows:

“4. The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies and provincial-level People’s Committees in, directing the formulation and implementation of plans to ensure safety for hydropower works; direct the operation of hydropower reservoirs in accordance with national technical regulations on operation of hydropower reservoirs.”.

7. To add or replace a number of phrases in a number of articles as follows:

a/ To add the phrase “sand expanses or islets” after the phrase “river stretches” in the title of Articles 26 and 27;

b/ To replace the phrase “anti-flood and anti-storm boards” in Clause 11, Article 3; and Clause 2, Article 35 with the phrase “natural disaster preparedness, search and rescue commanding committees;

c/ To replace the phrase “the Central Anti-Flood and Anti-Storm Board” in Clause 2, Article 35 with the phrase “the National Steering Committee for Natural Disaster Prevention and Control”;

d/ To replace the phrase “the Central Anti-Flood and Anti-Storm Board” in Clause 7, Article 36 with the phrase “the National Steering Committee for Natural Disaster Prevention and Control”.

Article 3.Effect

This Law takes effect on July 1, 2021.

This Law was passed on June 17, 2020, by the XIVthNational Assembly of the Socialist Republic of Vietnam at its 9thsession.-

Chairwoman of the National Assembly
NGUYEN THI KIM NGAN



[1]Công Báo Nos 711-712 (23/7/2020)

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