THE GOVERNMENT | THE SOCIALIST REPUBLIC OF VIETNAM |
No. 160/2018/ND-CP | Hanoi, November 29, 2018 |
DECREE
GUIDELINES FOR SOME ARTICLES OF THE LAW ON NATURAL DISASTER PREPAREDNESS AND RECOVERY
Pursuant to the Law on Government Organization dated June 19, 2015;
Pursuant to the Law on Natural Disaster Preparedness and Recovery dated June 19, 2013;
At the request of the Minister of Agriculture and Rural Development;
The Government hereby promulgates a Decree on guidelines for some Articles of the Law on Natural Disaster Preparedness and Recovery.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Decree provides guidelines for some Articles of the Law on Preparedness and Recovery covering responsibilities for news broadcasting, news broadcasting frequency and duration, communication networks and equipment serving command over natural disaster response; allocation of responsibility and cooperation in natural disaster response; mobilization, fundraising and allocation of resources for natural disaster relief and recovery; rights and obligations of foreign organizations and individuals and international organizations participating in natural disaster response and recovery in Vietnam; and organizational structures and tasks of natural disaster management agencies and the mechanism for cooperation between the Central Center for Natural Disaster Management and the National Committee for Natural Disaster Management and Response.
Article 2. Regulated entities
This Decree applies to Vietnamese organizations, households and individuals; foreign organizations and individuals and international organizations living, operating or participating in natural disaster preparedness and recovery in Vietnam.
Chapter II
SPECIFIC PROVISIONS
Section 1. RESPONSIBILITIES FOR NEWS BROADCASTING; NEWS BROADCASTING FREQUENCY AND DURATION; COMMUNICATION NETWORKS AND EQUIPMENT SERVING COMMAND OVER NATURAL DISASTER RESPONSE
Article 3. Agencies in charge of news broadcasting
1. Vietnam Television, Voice of Vietnam, Vietnam News Agency, coastal communication stations, radio and television stations of provinces and central-affiliated cities and press agencies shall broadcast news about instructional documents about natural disaster response (hereinafter referred to as “instructional documents”) promulgated by the Prime Minister, Central Command Center for Natural Disaster Management and National Committee for Natural Disaster Management and Response.
2. People’s Committees at all levels shall direct and organize the prompt and accurate provision of disaster forecasts and warnings and broadcast news about instructional documents promulgated by the Prime Minister, Central Command Center for Natural Disaster Management, National Committee for Natural Disaster Management and Response, superior Command Center for Natural Disaster Management and Command Center for Natural Disaster Management at the same level within the area that receives warnings.
3. Ministries, ministerial agencies and Governmental agencies shall direct their specialized information systems to broadcast news about natural disaster preparedness and recovery in the fields under their management.
4. The Ministry of Information and Communications shall provide guidelines or propose the promulgation of documents providing guidelines for transmitting disaster messages.
Article 4. Frequency and duration of broadcasting news about commands over natural disaster response
1. Vietnam Television, Voice of Vietnam, Vietnam News Agency, coastal communication stations, radio and television stations of provinces and central-affiliated cities, press agencies and relevant special-purpose information systems shall broadcast news about the document about natural disaster response promulgated by the Prime Minister, Central Command Center for Natural Disaster Management and National Committee for Natural Disaster Management and Response immediately after receiving such news and re-broadcast it at least every 3 hours regarding the level 3 disaster and at least every 01 hour regarding the disaster exceeding level 3 until a new instructional document is available or natural disaster response activities have been carried out or natural disaster developments have changed and do not exert any effect.
2. The duration of news about commands over natural disaster response must be adequate to cover all information specified in an instructional document promulgated by a competent authority, disaster forecast and warning and clearly stating changes to the instructional document, updating information about natural disaster developments and natural disaster response activities.
3. Radio and Television stations at all levels shall broadcast news about instructional documents promulgated by the Command Center for Natural Disaster Management at the same level and instructional documents of the supervisory authority immediately after receiving such news and re-broadcast it at the request of the Command Center for Natural Disaster Management at the same level in conformity with natural disaster developments and local response activities.
When a level-2, level-3 or level-4 disaster occurs, the Command Center for Natural Disaster Management at the same level or the superior Command Center for Natural Disaster Management shall decide on the frequency of broadcasting news.
4. The Command Centers for Natural Disaster Management at all levels shall provide guidelines for frequency and duration of broadcasting news about commands over natural disaster response on information systems within their areas. The areas where radio and television stations are not available, local conventional equipment or commands shall be used to inform disaster-prone households.
Article 5. Communication networks and equipment serving command over natural disaster response
1. Public communication networks serving command over natural disaster response, including:
a) Fixed ground and satellite telecommunications network;
b) Ground and satellite telecommunications network;
c) Radio and television transmission and broadcasting network;
d) Public postal network.
2. Special-purpose information networks, including:
a) Hotlines directly serving command over natural disaster preparedness and recovery;
b) Dedicated telecommunications network serving authorities of the Communist Party and the State, and national defense and security purposes;
c) Postal network serving authorities of the Communist Party and the State, and national defense and security purposes;
d) Dedicated telecommunications network and postal network of other organizations and enterprises;
dd) Communication network serving warning of tsunami and other natural disasters;
e) Network of warning information transmitted from special-purpose monitoring system.
3. Communication equipment serving command over natural disaster response, including:
a) Telephones;
b) Computers;
c) Facsimile machines;
d) Radio equipment;
dd) Television equipment;
e) Automatic monitoring equipment;
g) Public communication network, automatic special-purpose monitoring equipment; early warning system;
h) Other equipment.
4. Ministries, ministerial agencies, Governmental agencies and People’s Committees at all levels shall, within their jurisdiction, prepare a plan for procurement of communication equipment and submit it to a competent authority for approval, and organize the procurement, management and use thereof as prescribed by law.
Section 2. ALLOCATION OF RESPONSIBILITY AND COOPERATION IN NATURAL DISASTER RESPONSE
Article 6. Natural disaster risk levels
Natural disaster risk is classified into 05 levels depending on the severity of the natural disaster. These five levels are level 1, level 2, level 3, level 4 and level 5 (emergency). The Prime Minister shall elaborate natural disaster risk levels.
Article 7. Allocation of responsibility and cooperation in level 1 natural disaster response
1. The President of the People’s Committee of the commune shall directly command and mobilize resources to promptly respond to a natural disaster upon its occurrence; submit reports and carry out commands given by the superior natural disaster management agency.
2. The President of the People’s Committee of the commune is entitled to mobilize the following resources to respond to natural disasters:
a) Militia and self-defense forces, adolescents, local organizations and individuals and voluntary organizations and individuals;
b) Reserve supplies prepared by the people, and supplies, equipment and vehicles of the commune and local organizations and individuals.
3. The forces participating in natural disaster response within the commune shall closely cooperate with each other under the command of the President of the People’s Committee of the commune or the authorized person.
4. In case it is beyond the capacity of the commune, the President of the People’s Committee of the commune shall request the People’s Committee and Command Center for Natural Disaster Management of the district to provide assistance.
5. The President of the People’s Committee of the province shall directly command and mobilize resources within his/her power to respond to the natural disaster if the level 1 natural disaster hits at least two communes or when receiving the request for assistance from the President of the People’s Committee of the commune, and carry out commands given by the superior natural disaster management agency.
6. The President of the People’s Committee of the district is entitled to mobilize the following resources to respond to natural disasters:
a) Militia and self-defense forces, adolescents, local organizations and individuals and voluntary organizations and individuals;
b) Supplies, equipment and vehicles of the district and local organizations and individuals.
Article 8. Allocation of responsibility and cooperation in level 2 natural disaster response
1. The President of the People’s Committee of the province shall command local authorities, agencies and units within the province to respond to natural disasters; mobilize resources within his/her power to promptly respond to natural disasters in conformity with natural disaster developments, and submit reports and carry out commands given by the Prime Minister, Central Command Center for Natural Disaster Management and National Committee for Natural Disaster Management and Response.
2. The President of the People’s Committee of the province is entitled to mobilize the following resources to respond to natural disasters:
a) Army forces, militia and self-defense forces, adolescents, organizations and individuals, search and rescue forces, fisheries surveillance forces and voluntary organizations and individuals;
b) Supplies, equipment and vehicles of the province, and local organizations and individuals’ reserve supplies serving natural disaster preparedness and recovery.
3. The President of the People’s Committee of the district and the commune shall assume the responsibilities specified in Article 7, obey commands of the superior agency, instruct and evacuate people to safe places. The President of the People’s Committee of the district shall decide to carry out coercive evacuation in the case where an organization or individual fails to voluntarily obey commands and guidance for natural disaster preparedness and recovery for the sake of safety of people.
4. In case it is beyond the capacity of the province, the President of the People’s Committee of the province shall notify and request the Central Command Center for Natural Disaster Management and National Committee for Natural Disaster Management and Response to provide assistance.
5. The Central Command Center for Natural Disaster Management shall take charge and cooperate with the National Committee for Natural Disaster Management and Response in directly commanding, managing or mobilizing resources for natural disaster response upon occurrence of the disaster whose developments may result in serious consequences or upon receiving the request for assistance from the President of the People’s Committee of the province and head of the Command Center for Natural Disaster Management of the province. The forces participating in natural disaster response within the province shall closely cooperate with each other under the command of the President of the People’s Committee of the province or the authorized person.
Article 9. Allocation of responsibility and cooperation in level 3 natural disaster response
1. The Central Command Center for Natural Disaster Management shall direct local authorities, Ministries, ministerial agencies and Governmental agencies shall take disaster response measures, and decide to take urgent measures and mobilize resources within their power to provide assistance in natural disaster response upon request.
2. The National Committee for Natural Disaster Management and Response shall, according to current situation, take charge and cooperate with ministries and local authorities in directing and setting up forces, providing vehicles for search and rescue, and participating in coordinating disaster response activities.
3. Command Centers for Natural Disaster Management of Ministries, ministerial agencies and Governmental agencies shall take disaster response measures under their management, and participate in disaster response under the direction of the Central Command Center for Natural Disaster Management and the National Committee for Natural Disaster Management and Response.
4. The President of the People’s Committee of the province shall command and mobilize resources within his/her power and take disaster response measures within the province.
5. The President of the People’s Committee of the district and the commune shall, according to local situation, assume the responsibilities specified in Clause 3 Article 8 of this Decree and obey commands of the superior agency.
6. In case the disaster exceeds level 3 or it has developments that may result in serious consequences, the Central Command Center for Natural Disaster Management shall notify the Prime Minister thereof.
Article 10. Allocation of responsibility and cooperation in level 4 natural disaster response
1. The Prime Minister shall direct Ministries, ministerial agencies, Governmental agencies and relevant local authorities to take disaster response measures.
2. The Central Command Center for Natural Disaster Management shall provide counseling on disaster response measures to the Government and the Prime Minister.
3. The National Committee for Natural Disaster Management and Response shall take charge and cooperate with ministries and local authorities in directing and setting up forces, providing vehicles for search and rescue, and participating in coordinating disaster response activities.
4. Ministers, heads of ministerial agencies and Governmental agencies shall take disaster response measures under their management, and participate in disaster response under the direction of the Prime Minister, Central Command Center for Natural Disaster Management and National Committee for Natural Disaster Management and Response.
5. The President of the People’s Committee of the province shall command and mobilize resources within his/her power to promptly respond to natural disasters within the province and follow the direction of the Prime Minister, Central Command Center for Natural Disaster Management and National Committee for Natural Disaster Management and Response.
6. The President of the People’s Committee of the district and the commune, according to local situation, shall assume the responsibilities specified in Clause 3 Article 8 of this Decree and obey commands of the superior agency.
Article 11. Allocation of responsibility and cooperation in emergency response
1. In case the disaster exceeds level 4, the Central Command Center for Natural Disaster Management shall request the President of the Socialist Republic of Vietnam to declare a state of emergency.
2. The allocation of responsibility and cooperation in disaster response shall comply with regulations of law on state of emergency.
Section 3. MOBILIZATION, FUNDRAISING AND ALLOCATION OF RESOURCES FOR DISASTER RELIEF AND RECOVERY
Article 12. Mobilization and allocation of resources for disaster recovery
1. People’s Committees at all levels shall decide to use local government budget reserve and other local resources to promptly take remedial actions against natural disasters.
2. The President of the People’s Committee of the province shall use natural disaster preparedness and recovery fund in accordance with regulations on natural disaster preparedness and recovery fund.
3. Ministers, heads of ministerial agencies and Governmental agencies shall, within their jurisdiction, provide resources to take remedial actions against natural disasters under their management and assist local authorities in taking remedial actions against natural disasters.
4. The Central Command Center for Natural Disaster Management shall consolidate consequences and relief and recovery demands and propose central government budget reserve, national reserve and other legal sources to the Government and the Prime Minister with a view to assisting local authorities, Ministries, ministerial agencies and Governmental agencies in taking measures against natural disasters.
5. The Central Command Center for Natural Disaster Management shall consolidate consequences and relief and recovery demands and request the Government and the Prime Minister to use central government budget reserve, national reserve and other legal sources with a view to assisting local authorities, Ministries, ministerial agencies and Governmental agencies in taking measures against natural disasters.
6. After resources are provided by the State, People’s Committees at all levels shall allocate them in a prompt and proper manner and direct remedial actions against natural disasters within their areas.
7. Within 30 days from the date on which disaster relief and recovery resources are provided, People's Committees of provinces, Ministries, ministerial agencies and Governmental agencies shall submit a report on receipt, allocation and use of disaster relief and recovery resources to the Central Command Center for Natural Disaster Management, Ministry of Finance, Ministry of Planning and Investment and Ministry of Labor, War Invalids and Social Affairs.
Article 13. Mobilization, fundraising and distribution of resources from the community
The mobilization, fundraising and distribution of resources from the community shall comply with regulations on mobilization, fundraising, distribution and use of voluntary contributions for disaster recovery and regulations of law on operation of Vietnamese Fatherland Front and Vietnam Red Cross Society.
Section 4. RIGHTS AND OBLIGATIONS OF FOREIGN ORGANIZATIONS AND INDIVIDUALS AND INTERNATIONAL ORGANIZATIONS PARTICIPATING IN DISASTER RESPONSE AND RECOVERY IN VIETNAM
Article 14. Duty and charges for import and export of vehicles, equipment and goods serving emergency relief, search and rescue and disaster relief and recovery
Foreign organizations and individuals and international organizations participating in disaster response and recovery in Vietnam shall be exempt from duty and charges for import and export upon import and export of vehicles, equipment and goods serving emergency relief, search and rescue and disaster relief and recovery. Such vehicles, equipment and goods shall be liable to duty in accordance with Vietnamese law if they are used for other purposes in Vietnam.
Article 15. Applying for registration of disaster response and recovery in Vietnam
1. Before entering Vietnam to engage in disaster response and recovery, the foreign individual or international organization shall submit an application to the Ministry of Agriculture and Rural Development. An application includes:
a) An application form, specifying: name of the organization/individual; purposes; date and place of disaster response and recovery;
b) A list of goods, materials and equipment;
c) A list of participants.
2. Within 02 days from the receipt of the application, the Ministry of Agriculture and Rural Development shall notify application processing result to the applicant and relevant authorities.
Article 16. Entry and exit; procedures for import and export of vehicles, equipment and goods serving emergency response, search and rescue and disaster relief and recovery
1. A person allowed to enter Vietnam to engage in disaster response and recovery is entitled to follow prioritized entry or exit procedures at the border checkpoint. In case of emergency response, if such person has no visa, he/she will be granted at the border checkpoint.
2. After having served search and rescue and disaster relief and recovery, vehicles, equipment and goods qualified for import or re-export shall be prioritized to follow customs clearance procedures at border checkpoints.
Article 17. Residence regulations applicable to foreigners engaging in disaster response and recovery in Vietnam
1. A person allowed to enter Vietnam to engage in disaster response and recovery shall be provided with guidance on accommodation, workplace and temporary residence procedures relevant to specific conditions.
2. Agencies and local authorities receiving assistance shall provide guidance on procedures for registration of temporary residence, accommodation and workplace for individuals and organizations entering Vietnam to engage in disaster response and recovery.
Section 5. ORGANIZATIONAL STRUCTURES AND TASKS OF NATURAL DISASTER MANAGEMENT AGENCIES AND MECHANISM FOR COOPERATION BETWEEN THE CENTRAL COMMAND CENTER FOR NATURAL DISASTER MANAGEMENT AND THE NATIONAL COMMITTEE FOR NATURAL DISASTER MANAGEMENT AND RESPONSE
Article 18. Organizational structure and tasks of the Central Command Center for Natural Disaster Management
1. The Central Command Center for Natural Disaster Management is established by the Prime Minister and acts as an inter-sectoral coordinator assisting the Government and the Prime Minister in organizing, directing and administering the disaster preparedness, response and recovery nationwide. The Central Command Center for Natural Disaster Management is entitled to use the seal bearing national emblem to perform its tasks. Members of the Center work on a part-time basis
2. The Central Command Center for Natural Disaster Management includes:
a) The Deputy Prime Minister, the head of the Center;
b) Deputy heads, including: Standing deputy head - the Minister of Agriculture and Rural Development, 01 leader of the Ministry of National Defense, and the General Director of Vietnam Disaster Management Authority;
c) Members, including: Ministers of the Ministry of Industry and Trade, Ministry of Transport, Ministry of Information and Communications, Ministry of Construction, Ministry of Labor, War Invalids and Social Affairs, Ministry of Finance and Ministry of Planning and Investment and leaders of some Ministries, ministerial agencies and Governmental agencies; the General Director of Viet Nam Television, General Director of Voice of Viet Nam, General Director of Viet Nam News Agency; the General Director of Vietnam Disaster Management Authority, Chief of Office of National Committee for Natural Disaster Management and Response;
d) According to work requirement, the head of the Central Command Center for Natural Disaster Management shall decide to invite leaders of relevant organizations: Vietnamese Fatherland Front Central Committee, Central Vietnam Women's Union, Central Ho Chi Minh Communist Youth Union, Central Vietnam Red Cross Society and other relevant organizations to join the Central Command Center for Natural Disaster Management.
3. The Ministry of Agriculture and Rural Development shall act as a standing body of the Central Command Center for Natural Disaster Management and utilize leader of the Vietnam Disaster Management Authority to perform the task of a Standing Office of the Central Command Center for Natural Disaster Management (hereinafter referred to as “the Standing Office of the Command Center”).
The Standing Office of the Command Center has its own seal, is granted funding for operation and opens accounts at the State Treasury. The head of the Central Command Center for Natural Disaster Management shall define functions, tasks and working regulations of the Standing Office of the Command Center.
4. Tasks of the Central Command Center for Natural Disaster Management:
a) Provide guidelines for preparing and expediting the implementation of national strategies and plans, and policies and lawsoft on natural disaster preparedness and recovery;
b) Take charge of preparing disaster response plans;
c) Direct and coordinate disaster response and recovery nationwide: direct response to level 3 disaster; assist in directing response to level 4 and 5 natural disasters; coordinate and assist or direct local authorities to respond to level 1 and 2 natural disasters if such disasters have unanticipated developments which may result in serious consequences.
d) According to natural disaster developments and actual situation, decide to take urgent measures and mobilize resources of Ministries, ministerial agencies, Governmental agencies, organizations and individuals to respond to and take remedial actions against natural disasters in accordance with regulations of the Law on Natural Disaster Preparedness and Recovery and this Decree.
dd) Direct the consolidation of consequences and local authorities and ministries’ demands for emergency assistance, recovery and reconstruction and propose central government budget reserve, national reserve and other legal sources to the Government and the Prime Minister with a view to serving emergency response and disaster recover nationwide;
e) Inspect, expedite and instruct ministries and local authorities to engage in natural disaster preparedness and recovery as prescribed by law;
g) Direct, organize rehearsals and provide training for forces involved in natural disaster preparedness and recovery; direct, implement and organize the implementation of measures to gradually increase civil capacity for natural disaster response;
h) Direct and organize the provision of infrastructure, equipment, materials and special-purpose vehicles; establish database to serve issuance of decision on command over disaster preparedness and recovery;
i) Call for, receive and provide domestic and foreign assistance in case of emergency due to natural disasters; take charge of directing and coordinating the receipt and provision of assistance in disaster relief and recovery;
k) Provide guidelines, inspect, expedite and consolidate result of exploitation of resources and notify the Prime Minister thereof;
l) Direct and prepare documents, provide training, disseminate and raise community awareness of natural disaster preparedness and recovery on an annual basis;
m) Provide guidelines for natural disaster preparedness and recovery to internal voluntary forces in charge of natural disaster preparedness and recovery (hereinafter referred to as “the voluntary forces”).
Article 19. Organizational structure and tasks of the Command Center for Natural Disaster Management of a Ministry, ministerial agency and Governmental agency
1. The Ministry of National Defense, Ministry of Public Security, Ministry of Agriculture and Rural Development, Ministry of Transport, Ministry of Construction, Ministry of Industry and Trade, Ministry of Natural Resources and Environment, Ministry of Information and Communications, Ministry of Health, Ministry of Education and Training, Ministry of Labor, War Invalids and Social Affairs and Ministry of Culture, Sports and Tourism shall establish a ministerial Command Center for Natural Disaster Management.
2. Ministries, ministerial agencies and Governmental agencies (except the Ministries specified in Clause 1 of this Article) shall, within their jurisdiction, decide to establish a ministerial Command Center for Natural Disaster Management or assign an affiliated departmental agency to assist the Ministers or heads of agencies in natural disaster preparedness and recovery and search and rescue under their management.
3. Ministers and heads of ministerial agencies and Governmental agencies shall, within their jurisdiction, decide to establish ministerial command centers for natural disaster management of their affiliates.
4. Organizational structure of a ministerial Command Center for Natural Disaster Management:
a) The head of the Command Center for Natural Disaster Management of the Ministry of Agriculture and Rural Development, Ministry of Transport, Ministry of Construction, Ministry of Industry and Trade, Ministry of Information and Communications, Ministry of Health, Ministry of Education and Training or Ministry of Labor, War Invalids and Social Affairs shall be the Minister.
b) The head of the Command Center for Natural Disaster Management of a Ministry, ministerial agency or Governmental agency specified in Clauses 1 and 2 of this Article (except the Ministries specified in Point a of this Clause) shall be the leader at ministerial level.
c) Ministers, heads of ministerial agencies and Governmental agencies shall, within their jurisdiction, shall assign a specialized agency to assist Ministers and heads of agencies in natural disaster management under their management and act as the Standing Office of the Command Center for Natural Disaster Management;
d) The ministerial Command Center for Natural Disaster Management may use the Ministry’s seal or its own seal. The Standing Office has its own seal, is granted funding for operation and opens accounts.
5. Tasks of a ministerial Command Center for Natural Disaster Management:
a) Assist the Minister in natural disaster management under its management;
b) Cooperate with relevant Ministries, ministerial agencies and local authorities in natural disaster management nationwide under the direction of the Prime Minister, Central Command Center for Natural Disaster Management and National Committee for Natural Disaster Management and Response;
c) Decide to adopt urgent measures and mobilize resources of the Ministry for prompt natural disaster response and recovery and search and rescue under the management of the Ministry and local authorities.
Article 20. Organizational structure and task of Command Centers for Natural Disaster Management of provinces
1. The Command Center for Natural Disaster Management of a provinceshall be established by the President of the People’s Committee of the province and assist the People’s Committee of the province in commanding natural disaster preparedness and recovery, search and rescue within the province. The Command Center for Natural Disaster Management has its own seal, is granted funding for operation and opens accounts.
2. The Command Center for Natural Disaster Management of a province includes:
a) President of the People’s Committee of the province, the head of the Command Center;
b) A Deputy President of the People’s Committee of the province, the standing deputy head of the Command Center;
c) Director of the Provincial Department of Agriculture and Rural Development, the deputy head in charge of natural disaster management;
d) According to condition of each area, the Commanding Officer of the Military Command of the province shall act as a deputy head in charge of mainland search and rescue; the Commanding Officer of the Border Guard Command of the province shall act as a deputy head in charge of maritime and border search and rescue;
dd) Members, including Directors or leaders of departments related to natural disaster preparedness and recovery, search and rescue, Fatherland Front, Women's Union, Red Cross Society, Ho Chi Minh Communist Youth Union and social organizations of the province joining the Command Center for Natural Disaster Management of the province.
3. The Department of Agriculture and Rural Development of the province shall act as a standing natural disaster management agency. The Military Command or Border Guard Command shall act as a standing search and rescue agency of the Command Center for Natural Disaster Management of the province.
According to actual condition, the President of the People's Committee of the province shall decide to establish a specialized department affiliated to the Department of Agriculture and Rural Development of the province to act as a Standing Office of the Command Center for Natural Disaster Management.
4. Tasks of a Command Center for Natural Disaster Management of the province:
a) Assist the People’s Committee of the province in natural disaster management as prescribed in Clause 1 Article 43 of the Law on Natural Disaster Preparedness and Recovery;
b) Direct and expedite the preparation and submission of natural disaster response plans for approval;
c) Command natural disaster response, search and rescue during natural disasters within the province;
d) Inspect and expedite the natural disaster preparedness and recovery by local departments and agencies;
dd) Assist the People’s Committee of the province in directing, inspecting, expediting and consolidating reports on consequence assessment, determination of assistance demands and natural disaster recovery;
e) Comply with regulations on the natural disaster preparedness and recovery fund;
g) Organize rehearsals and provide training for forces involved in natural disaster preparedness and recovery, search and rescue;
h) Disseminate information about and raise community awareness of natural disaster preparedness and recovery;
i) Direct, implement and organize the implementation of measures to gradually increase civil capacity for natural disaster response;
k) Provide human resources, equipment and combat gears for the Standing Office of the Command Center for Natural Disaster Management of the province; electronically connect with central natural disaster management agencies and natural disaster management agencies at all levels to serve command over natural disaster preparedness and recovery.
Article 21. Organizational structure and task of Command Centers for Natural Disaster Management of districts
1. The Command Center for Natural Disaster Management of a district shall be established by the President of the People’s Committee of the district and assist the People’s Committee of the district in inspecting, expediting and commanding natural disaster preparedness and recovery, search and rescue within the district. The Command Center for Natural Disaster Management of the district has its own seal and account, and is granted funding for operation.
2. The Command Center for Natural Disaster Management of a district includes:
a) The President of the People’s Committee of the district, the head of the Command Center;
b) A Deputy President of the People’s Committee of the district, the standing deputy head of the Command Center;
c) The head of division or head of the agency assigned to perform state management of natural disaster preparedness and recovery; the chief of the police authority of the district and Commanding Officer of Military Command of the district, deputy head of the Command Center;
d) Members, including heads or leaders of divisions, agencies and units related to natural disaster preparedness and recovery, search and rescue; leaders of Fatherland Front, Women's Union, Red Cross Society, Ho Chi Minh Communist Youth Union and social organizations of the province join the Command Center for Natural Disaster Management.
3. According to actual condition, the President of the People's Committee of the district shall decide to assign a specialized division affiliated to the People’s Committee of the district to act as a Standing Office of the Command Center for Natural Disaster Management.
4. Tasks of a Command Center for Natural Disaster Management of a district:
a) Assist the People’s Committee of the district in natural disaster management as prescribed in Clause 1 Article 43 of the Law on Natural Disaster Preparedness and Recovery;
b) Direct and expedite the preparation and submission of natural disaster response plans for approval;
c) Command and organize the response to natural disaster response, search and rescue during natural disasters within the district;
d) Inspect and expedite the natural disaster preparedness and recovery by local agencies and agencies;
dd) Assist the People’s Committee of the district in directing, inspecting and consolidating reports on consequence assessment and natural disaster recovery;
e) Provide training for forces involved in natural disaster preparedness and recovery, search and rescue;
g) Disseminate information about and carry out activities aimed at raising community awareness of natural disaster preparedness and recovery;
h) Comply with regulations on the natural disaster preparedness and recovery fund.
Article 22. Organizational structure and task of Command Centers for Natural Disaster Management of communes
1. The Command Center for Natural Disaster Management of a commune shall be established by the President of the People’s Committee of the commune and assist the People’s Committee of the commune in inspecting, expediting and commanding natural disaster preparedness and recovery, search and rescue within the commune.
2. The Command Center for Natural Disaster Management of a commune includes:
a) President of the People’s Committee of the commune, the head of the Command Center;
b) A Deputy President of the People’s Committee of the commune, the standing deputy head of the Command Center;
c) Chief of the police authority of the commune, the deputy head of the Command Center, and chief of military unit of the commune, the deputy head in charge of voluntary forces of the commune;
d) Members, including officials in charge of irrigation and agriculture and heads of political organizations of the commune.
dd) Commune officials performing state management of natural disaster preparedness and recovery and acting as a standing member of the Command Centers for Natural Disaster Management.
3. The Command Center for Natural Disaster Management of the commune is located in the People’s Committee of the commune. The Command Center is entitled to use the seal of the People’s Committee of the commune and assign its officials to act as standing members and is granted funding for operation.
4. Tasks of the Command Center for Natural Disaster Management of a commune:
a) Assist the People’s Committee of the commune in natural disaster management as prescribed in Clause 2 Article 43 of the Law on Natural Disaster Preparedness and Recovery;
b) Broadcast news about commands over natural disaster response given by all levels to the community;
c) Command natural disaster response, search and rescue during natural disasters within the commune;
d) Direct and expedite the preparation and approval for natural disaster response plans;
dd) Inspect and expedite the natural disaster preparedness and recovery by organizations and individuals within the commune;
e) Take charge of assisting the People’s Committee of the commune in establishing, training and maintaining voluntary forces of the commune, especially militia and self-defense forces, Red Cross Society, Ho Chi Minh Communist Youth Union and other organizations within the commune;
g) Comply with regulations on the natural disaster preparedness and recovery fund;
h) Disseminate information about and raise community awareness of natural disaster preparedness and recovery on an annual basis.
Article 23. Command Centers for Natural Disaster Management of groups,corporations and enterprises
According to specific condition, the head of an organization shall decide to establish a Command Center for Natural Disaster Management to perform the tasks related to natural disaster preparedness and recovery as prescribed by law.
Article 24. Mechanism for cooperation between the Central Command Center for Natural Disaster Management and the National Committee for Natural Disaster Management and Response
1. The Central Command Center for Natural Disaster Management shall take charge and cooperate with the National Committee for Natural Disaster Management and Response in promulgating instructional documents to respond to each natural disaster.
2. The Central Command Center for Natural Disaster Management and the National Committee for Natural Disaster Management and Response shall proactively notify and cooperate with each other immediately after being informed of incidents occurring during a natural disaster, and reach an agreement on remedial measures, mobilize forces and prepare vehicles, materials and equipment for natural disaster response.
3. The Central Command Center for Natural Disaster Management shall take charge of mobilizing resources and directing natural disaster response and recovery, and cooperate with the National Committee for Natural Disaster Management and Response in mobilizing and coordinating search and rescue forces to carry out search and rescue.
4. The Central Command Center for Natural Disaster Management shall agree with the National Committee for Natural Disaster Management and Response about the request for assistance to be submitted to countries in terms of search and rescue forces in case of serious natural disaster before notifying the Prime Minister for decision.
Chapter III
IMPLEMENTATION CLAUSE
Article 25. Effect
1. This Decree comes into force from January 01, 2019.
2. This Decree replaces the Decree No. 66/2014/ND-CP dated July 04, 2014.
Article 26. Responsibility for implementation
Ministers, heads of ministerial agencies, heads of Governmental agencies and Presidents of People’s Committees at all levels and relevant organizations and individuals are responsible for the implementation of this Decree./.
| ON BEHALF OF THE GOVERNMENT |
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