Thông tư 10/2021/TT-BKHDT

CIRCULAR

GUIDING INTEGRATION OF NATURAL DISASTER PREVENTION WITH SECTOR, SOCIO-ECONOMIC DEVELOPMENT PLANNING AND PLANS

Pursuant to the Law on Natural Disaster Prevention dated June 19, 2013; Law on amendment to the Law on Natural Disaster Prevention and the Law on Dikes dated June 17, 2020;

Pursuant to Law on Planning dated November 24, 2017;

Pursuant to Law on Public Investment dated June 18, 2019;

Pursuant to Decree No. 66/2021/ND-CP dated July 6, 2021 of the Government elaborating on the Law on Natural Disaster Prevention, the Law on Dikes, and the Law on amendments to the Law on Natural Disaster Prevention and the Law on Dikes;

Pursuant to Decree No.86/2017/ND-CP dated July 25, 2017 of Government on functions, tasks, powers, and organizational structure of Ministry of Planning and Investment;

At request of the Director of Department of Agriculture Economy,

The Minister of Planning and Investment promulgates Circular guiding integration of natural disaster into sector, socio-economic development planning and plans.

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. Scope:

This Circular guides the integration of natural disaster prevention in planning in the national planning system (hereinafter referred to as “Planning”) and sector development plans, socio-economic development plans (hereinafter referred to as “Plan”) of all levels under Article 16 of the Law on Natural Disaster Prevention.

2. Regulated entities:

This Circular applies to agencies, organizations, and individuals engaging in preparation, appraisal, approval, and organization of integration of natural disaster prevention with the Planning and Plan.

Article 2. Term interpretation

“integration of natural disaster prevention in Planning and Plan” means selection and implementation of natural disaster prevention measures identified under Natural disaster prevention plan and Climate change adaptation plan of the same level (or other natural disaster prevention plans approved by competent authority) for implementation together with other contents of the Planning and Plan in order to improve investment effectiveness and promote socio-economic development.

Article 3. Principles and rules of integrating natural disaster prevention in the Planning and Plan

1. Integration principles:

a) Integrate natural disaster prevention with the Planning and Plan shall be implemented in the manner that incorporates multiple objectives in order to increase adaptation to natural disasters, reduce consequences of natural disasters, and not pose any new risk whether in the short-term or the long-term.

b) Integrate both structural and non-structural measures before, during, and after any natural disaster.

c) Integration of natural disaster prevention in the Planning and Plan is implemented in order to improve effectiveness of (financial, human, and natural) resources and restrict any repetition, inefficiency in investment and development programs.

2. Rules of integration:

a) Planning and Plan must contain natural disaster prevention, be integrated and developed depending on local natural disaster characteristics in order to guarantee sustainable development; contribute to sector development, socio-economic development, and adaptation to climate change.

b) Integration of natural disaster prevention is an activity within the development of the Planning and Plan. If approved Planning or Plan does not contain natural disaster prevention, add natural disaster prevention to the Planning and Plan when revising them. Integration methods shall comply with this Circular.

c) Integrated natural disaster prevention must be implemented in a manner that has a focus, order of priority, feasibility, effectiveness, and compatibility with socio-economic conditions of each sector and area. Natural disaster prevention integrated in the Planning and Plan must conform to this Circular.

d) The integration process must take into account and identify the scale of natural disaster risk to development sectors. Assessment and identification of risks and risk remediation solutions shall be proposed for each sector.

Article 4. Natural disaster prevention measures integrated in the Planning and Plan

1. Natural disaster prevention measures integrated in the Planning and Plan consist of: Solutions for preventing, remediating impact of natural disasters on socio-economic development; solutions for reducing negative impact on the environment and raising the rising the risk of natural disasters; solutions for developing infrastructure system in a manner that incorporates natural disaster prevention and control.

2. Natural disaster prevention measures integrated in the Planning and Plan shall be assessed and selected by ministries and central governments from Plans for natural disaster prevention of the same level, Plans for adapting to climate change, relevant programs, topics, and projects approved by the competent authority.

3. If, at the time of developing the Plan or Planning, Plans for natural disaster prevention or implementation progress of relevant programs, schemes, and projects have not been approved, the entities presiding Planning or Plan development shall cooperate with relevant entities in selecting natural disaster prevention measures for integration.

Chapter II

INTEGRATION OF NATURAL DISASTER PREVENTION IN PLANNING AND PLAN

Article 5. Integration of natural disaster in Planning

The integration of natural disaster prevention in Planning shall be implemented in accordance with the Law on Planning, documents guiding implementation of the Law on Planning, and Article 3, Article 4 hereof.

Article 6. Procedures for integrating natural disaster in Plan

1. Develop principles and orientation regarding integration of natural disaster in the Plan in accordance with Article 7 hereof.

2. Select natural disaster prevention measures to be integrated with the Plan in accordance with Article 8 hereof.

3. Provide guidelines on integrating natural disaster prevention measures with the Plan in accordance with Article 9 hereof.

4. Supervise and assess results of integrating natural disaster with the Plan in accordance with Article 10 hereof.

Article 7. Development of principles and guidelines on integrating natural disaster prevention in the Plan

1. Principles and guidelines shall serve as the basis for enabling presiding entities to integrate natural disaster prevention in the Plan. Principles and guidelines must be able to clearly define objectives, contents, and guidelines on selecting natural disaster prevention measures for integration with the Plan.

2. Principles and guidelines are specified in the following documents:

a) Resolutions, Decisions, and other legislative documents relating to policies and orientation regarding sector and socio-economic development of the Government, Prime Minister, ministries and central governments.

b) Documents guiding development of medium-term and annual Plans for sector and socio-economic development of the Government, Prime Minister, ministries, and central governments.

Article 8. Selection of natural disaster prevention measures for integration with the Plan

1. Plan development entities shall rely on principles and guidelines on plan development and natural disaster prevention measures under Article 4 hereof to choose natural disaster prevention to be integrated with the Plan:

a) Integrate all natural disaster prevention measures with the Plan if the resources allow.

b) Integrate priority natural disaster prevention measures if the resources are limited. Methods of selecting priority measures:

- For non-structural measures, Plan development entities shall rely on specific contents and details of each measure to select.

- For structural measures, Plan development entities shall select in accordance with Clause 2, Clause 3, and Clause 4 hereof.

2. Assess economic effectiveness:

Assess economic effectiveness of a structural measure as follows:

a) Identify total investment consisting of: Construction cost; operation cost, and other costs (if any).

b) Identify total benefits in economic, social, and environmental aspects: Plan development entities shall actively develop criteria for total benefits suitable for each location. In which, prioritize the following criteria: protection of economic activities (agro-forestry-fishery production, industrial production, tourism, commerce, and services); protection of infrastructure facilities; protection of property of the general public and natural resources, ecosystems.

c) Identify economic effectiveness: If total benefits are greater than total investment, the measure yields higher economic effectiveness.

Consult methods of assessing economic effectiveness under the Appendix hereof.

3. Assess range of protection provided for the general public’s lives:

Assess the range protection provided for the general public’s lives as follows:

a) Estimate number of people who are not deceased and/or missing thanks to the protection provided by the natural disaster prevention measures which will be integrated.

b) Estimate number of people who are not injured thanks to the protection provided by the natural disaster prevention measures which will be integrated.

c) Identify protection of the general public’s lives: The fewer the number of people deceases, goes missing, or suffers from injuries once the natural disaster prevention measures are integrated, the greater the range of protection provided by that measure.

Consult methods of assessing range of protection provided for the general public's lives under Appendix hereof.

4. Choose priority measures to be integrated with the Plan:

Assessment results of economic effectiveness and range of protection provided for the general public’s lives shall be the basis for selecting priority measures. The measure with the greater range of protection provided for the general public’s lives and higher economic effectiveness shall be prioritized for selection until the resources available for Plan execution are met.

Order of priority when selecting measures:

a) The measure with a greater range of protection provided for the general public’s lives shall be selected.

b) In case of a tie between 2 ranges of protection provided for the general public’s lives by 2 or more measures, the measure with the higher economic effectiveness shall be selected.

In case of a tie between 2 ranges of protection provided for the general public’s lives and a tie between economic effectiveness of 2 or more measures, Plan development entities shall decide based on availability of resources.

d) When considering the range of protection provided for the general public’s lives, pay attention to vulnerable individuals such as children, the elderly, pregnant women, women raising a child under 12 months of age, persons with disability, individuals suffering from severe diseases, poor people, and single household owners who are women, taking into account differences in gender-based demands.

Article 9. Principles of integrating natural disasters with the Plan

1. Structural measures:

Structural measures selected under Article 8 hereof shall be integrated with the plans for promoting society infrastructure, technical infrastructure, urban and rural infrastructure development in the Plan and must be clearly illustrated in the medium-term and annual Public investment plans.

2. Non-structural measures:

a) Measures involving developing policies, strengthening organization, and enhancing natural disaster prevention capacity integrated with the task of completing policies.

b) Measures of raising awareness and knowledge of the community regarding natural disaster integrated with the task of publicizing Plan execution.

c) Soft and nature-based measures such as: Planting, managing, protecting, and developing forest, integrating with agro-forestry-fishery development tasks, and developing green infrastructure for natural disaster prevention

d) Measures of reassigning and rearranging the population away from areas with high risks of natural disasters, integrating with principles and tasks of socio-economic spatial development; developing urban and rural systems.

e) Measures of adjusting use structure of industrial land, and season structure in order to situate plans and domestic animals suitable for each type of natural disaster and level of natural disasters for integration with task of restructuring the economy and orienting agro-forestry-fishery.

g) Other measures (Plan development entities shall consider and select appropriate integration positions.

Article 10. Supervision and assessment of natural disaster integration results in Planning and Plan

1. Details of supervision and assessment:

a) Number of measures, capital, and capital percentage of natural disaster prevention measures selected for integration with the Planning and Plan.

b) Level of impact, effectiveness of integrated natural disaster prevention measures wit sector development, socio-economic development, and natural disaster prevention.

2. Time for supervising and assess integration results of natural disaster prevention with the Plan shall conform to length of the Planning and Plan.

3. Integration results of natural disaster prevention with the Planning and Plan shall be displayed in Implementation reports of Planning and Plan. The results must mention attained aspects, limitations, causes, and solutions for the limitations.

Article 11. Funding sources for integrating natural resources with the Planning and Plan

1. Funding sources for integrating natural disaster prevention with the Plan and Planning consist of state budget funding and non-state budget funding in accordance with the Law on State Budget; Law on Public Investment; Law on Natural Disaster Prevention and Control; Law on amendments to Law on Natural Disaster Prevention and Control, Law on Dykes, and other regulations and law.

2. Prioritize the use of medium-term and annual public investment capital to execute integrated structural measures.

Chapter III

ORGANIZATION FOR IMPLEMENTATION

Article 12. Entry into force

1. This Circular comes into force from February 10, 2022.

2. This Circular replaces Circular No. 05/2016/TT-BKHDT dated June 6, 2016 of the Ministry of Planning and Investment.

Article 13. Responsibilities for implementation

1. Ministry of Planning and Investment shall:

a) Take charge and cooperate with relevant agencies in identifying principles, orientation, and details of natural disaster prevention that must be integrated with the Planning and Plan when developing draft Decisions, Directives of the Prime Minister and Guidelines of Ministry of Planning and Investment on development of Planning and Plan regarding medium-term and annual socio-economic development, and other guiding documents relating to development of plan and planning for sector development and socio-economic development.

b) Guide, publicize, and popularize this Circular. Organize supervision and assessment of implementation of this Circular in Ministries, departments, and local governments.

c) Integrate natural disaster prevention with Planning and Plan developed or appraised by the Ministry of Planning and Investment.

2. Ministries and ministerial agencies:

a) Identify principles, priority orientation, and position of integrated natural disaster prevention details when developing documents directing development orientation and documents guiding development of sector Planning and Plan within their management.

b) Organize integration of natural disaster prevention with the Plan and Planning for sector development within their management.

c) Choose entities to act as the contact point taking charge implementing activities relating to integration of natural disaster prevention with the Plan and Planning for sector development within their management. Inform the Ministry of Planning and Investment (Department of Agricultural Economy) about the entities selected as the contact point.

3. The People’s Committees of all levels shall:

a) Allocate funding sources from the state budget under management, mobilize non-state budget to organize and integrate natural disaster prevention with local Plan and Planning.

b) Assign agencies in planning and investment sectors to take charge, cooperate with agencies in agriculture and rural development sectors and relevant agencies in identifying principles and orientation of integration of natural disaster prevention when developing Resolutions and Decisions on sector development, socio-economic development, and documents guiding development of annual and 5-yearly plans for sector development and socio-economic development.

c) Assign agencies in planning and investment sectors to take charge and cooperate with agencies in agriculture and rural development sectors and relevant agencies to integrate, supervise, and assess integration of natural disaster prevention with the Planning and Plan on a local scale.

d) Assign agencies in financial sector to balance the funding sources to request competent authority to allocate funding to organize and integrate natural disaster prevention details with local Planning and Plan.

4. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Planning and investment (Department of Agricultural Economy) for consideration./.