Thông tư 13/2021/TT-BNNPTNT

CIRCULAR

PROVIDING FOR COMPLIANCE WITH REQUIREMENTS FOR NATURAL DISASTER MANAGEMENT DURING MANAGEMENT, OPERATION AND USE OF MINERAL MINING AREAS AND AREAS INTENDED FOR MINING OF OTHER NATURAL RESOURCES, URBAN AREAS, TOURISM AREAS, INDUSTRIAL PARKS, HISTORIC SITES; TOURIST ATTRACTIONS; RURAL SETTLEMENTS; WORKS SERVING NATURAL DISASTER MANAGEMENT, TRAFFIC WORKS, ELECTRIC POWER WORKS, TELECOMMUNICATIONS WORKS AND OTHER TECHNICAL INFRASTRUCTURAL CONSTRUCTIONS

Pursuant to the Government’s Decree No. 15/2017/ND-CP dated February 17, 2017 defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Law on Flood Control Systems dated November 29, 2006;

Pursuant to the Law on Natural Disaster Management dated June 19, 2013;

Pursuant to the Law on Irrigation dated June 19, 2017;

Pursuant to the Law on Fisheries dated November 21, 2017;

Pursuant to the Law on Amendments to the Law on Natural Disaster Management and the Law on Flood Control Systems dated June 19, 2020;

At the request of the Director General of the Vietnam Disaster Management Authority,

The Minister of Agriculture and Rural Development hereby promulgates a Circular providing for satisfaction of requirements for natural disaster management during management, operation and use of mineral mining areas and areas intended for mining of other natural resources, urban areas, tourism areas, industrial parks, historic sites; tourist attractions; rural settlements; works serving natural disaster management, traffic works, electric power works, telecommunications works and other technical infrastructural constructions.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Circular contains general provisions on compliance with requirements for natural disaster management during management, operation and use of mineral mining areas and areas intended for mining of other natural resources; urban areas; tourist attractions, tourism areas; industrial parks; historic sites; rural settlements; works serving natural disaster management (hereinafter referred to as “disaster management works”), traffic works, electric power works, telecommunications works and other technical infrastructural constructions.

2. This Circular contains specific provisions on requirements for natural disaster management during management, operation and use of disaster management works in the fields of agriculture and rural development, including flood control systems; works serving prevention and control of riverbank erosion or coastal erosion; irrigation dams and reservoirs; works serving prevention of inundation; works serving prevention of droughts; works serving prevention of saltwater intrusion; storm shelters for fishing boats and specialized systems for disaster watchkeeping, warning and monitoring.

Article 2. Regulated entities

This Circular applies to domestic and foreign agencies, organizations and individuals involved in compliance with requirements for natural disaster management during management, operation and use of mineral mining areas and areas intended for mining of other natural resources; urban areas; tourist attractions, tourism areas; industrial parks; historic sites; rural settlements; disaster management works, traffic works, electric power works, telecommunications works and other technical infrastructural constructions in Vietnam.

Article 3. Definitions

For the purposes of this Circular, the terms below shall be construed as follows:

1. “works” include disaster management works, traffic works, electric power works, telecommunications works and other infrastructural constructions.

2. “infrastructural construction items” mean those serving the mining of minerals and other natural resources, industrial production, tourism development, historic site development; houses, technical and social infrastructural constructions within mining areas, areas intended for mining of other natural resources, tourism areas, tourist attractions, historic sites, industrial parks, industrial parks and rural settlements.

3. “works serving prevention and control of riverbank and coastal erosion” include embankments serving bank protection, wave reduction, accretion and river training, and course change.

4. “works serving control of inundation, droughts and saltwater intrusion” mean irrigation infrastructure constructions serving control of inundation, droughts and saltwater intrusion.

5. “storm shelter for fishing boats” means an area limited by the land and waters of the shelter, including breakwaters, sedimentation prevention, channels, mooring posts, mooring buoys, navigation buoys, communications works, warehouses, managing houses and other ancillary works.

6. “specialized system for disaster watchkeeping, warning and monitoring” means a system used for automatic and semi-automatic monitoring and warning of various types of natural disasters and warning of risks of disasters for affected objects.

7. “compliance with requirements for natural disaster management” (hereinafter referred to as “compliance with disaster management requirements”) during management, operation and use of mineral mining areas and areas intended for mining of other natural resources, urban areas, tourism areas, industrial parks, historic sites; tourist attractions; rural settlements; disaster management works, traffic works, electric power works, telecommunications works and other technical infrastructural constructions means activities aimed at ensuring safety of people, works and assets, reducing damage caused by disasters, and not increasing the risks of disasters and new disasters.

Article 4. Rules for compliance with disaster management requirements during management, operation and use of mineral mining areas, areas intended for mining of other natural resources, urban areas, tourism areas, industrial parks, historic sites; tourist attractions; rural settlements and works.

1. Every organization and individual shall comply with the disaster management requirements during management, operation and use of works.

2. The disaster management requirements shall be implemented in a regular, continuous, timely and effective manner so as to ensure safety of people, property, works and infrastructural construction items and not to increase the risk of disasters and new disasters.

3. Measures for compliance with disaster management requirements shall be implemented in a harmonious manner using the four on-the-spot motto: leadership on-the-spot, human resources on-the-spot, means and materials on-the-spot, and logistics on-the-spot.

Chapter II

GENERAL PROVISIONS ON COMPLIANCE WITH DISASTER MANAGEMENT REQUIREMENTS DURING MANAGEMENT, OPERATION AND USE OF MINERAL MINING AREAS, AREAS INTENDED FOR MINING OF OTHER NATURAL RESOURCES, URBAN AREAS, TOURISM AREAS, INDUSTRIAL PARKS, HISTORIC SITES; TOURIST ATTRACTIONS; RURAL SETTLEMENTS AND WORKS

Article 5. Disaster management requirements during management, operation and use of mineral mining areas, areas intended for mining of other natural resources, urban areas, tourism areas, industrial parks, historic sites; tourist attractions; rural settlements and works

1. Build, consolidate, provide training and refresher training, provide adequate tools, communication and protective equipment meeting disaster management and search and rescue requirements to forces participating in disaster management.

2. Review, formulate and promulgate internal rules and regulations on management, operation and use of mineral mining areas, areas intended for mining of other natural resources, urban areas, tourism areas, industrial parks, historic sites; tourist attractions; rural settlements and works in compliance with disaster management requirements.

3. Review and complete national standards and national technical regulations on management, operation and use of works and infrastructural construction items in compliance with disaster management requirements.

4. Apply advanced technologies to management, operation and use of mineral mining areas, areas intended for mining of other natural resources, urban areas, tourism areas, industrial parks, historic sites; tourist attractions; rural settlements and works.

5. Provide instructions on, disseminate, provide training in and organize drills for disaster management to officials, employees and communities to enhance the capacity for on-the-spot response and proactively implement disaster management measures.

6. Formulate, review, approve or request a competent authority to approve and implement the procedures for operation of works and infrastructural construction items ensuring safety in the event of disasters as prescribed by law.

7. Monitor and supervise data on meteorology, hydrology, engineering hydrology and other data on natural disasters within the scope of management; issue warnings about the risk of incidents caused by disasters to works, infrastructural construction items and in the vicinity which are likely to increase the disaster risks.

8. Build, expand and upgrade infrastructure work items; maintain and care works, infrastructural construction items and control the consolidation and upgrading of works in accordance with disaster management requirements and without increasing the risks of disasters and new disasters.

9. Regularly, periodically and irregularly inspect and evaluate the status and disaster management safety level of works and infrastructural construction items:

a) Inspect, detect, prevent and promptly handle situations and activities that increase disaster risks; incidents or the risk of incidents to infrastructure works or items.

b) Inspect, discover and promptly implement measures to respond to the incidents or risks of incidents caused by disasters in the vicinity which are likely to affect mineral mining areas, areas intended for mining of other natural resources, urban areas, tourism areas, industrial parks, historic sites; tourist attractions; rural settlements and works.

c) Determine and make a list of critical areas for disaster management; develop a plan to protect critical areas of works and infrastructural construction items before the annual flood season.

d) When detecting an incident or risk of incident, situation or activity that increases the disaster risk which is beyond the response capacity, proactively and immediately implement response measures to minimize damage and promptly report it to competent agencies and persons for assistance.

10. Provide adequate and timely information to officials and employees on disaster developments, critical areas for disaster management regarding works and infrastructural construction items, and surrounding areas at risks of incidents affecting safety in the area.

11. Formulate and implement a disaster response and recovery plan.

a) Develop, review and approve the disaster response plan in accordance with regulations of law on disaster management.

b) Proactively prepare forces, supplies, vehicles, equipment and necessities according to the four on-the-spot motto and organize drills in accordance with the approved disaster response plan.

c) Organize the implementation of the disaster response plan suitable for natural disaster situations; promptly take disaster recovery measures.

12. Collect and store information and data on disaster management and prepare dossiers on management, operation and use of works and infrastructural work items.

Article 6. Responsibility for compliance with disaster management requirements

1. Responsibilities of supervisory Ministries:

a) Ministers and heads of ministerial agencies shall, within their jurisdiction, formulate and promulgate specific provisions on compliance with disaster management requirements according to Article 5 hereof.

b) Review, formulate and promulgate national standards and national technical regulations on management, operation and use of works and infrastructural construction items under their management which must include disaster management requirements.

c) Organize dissemination of information for the purposes to spread knowledge, skills and measures for disaster management during management, operation and use of mineral mining areas, areas intended for mining of other natural resources, urban areas, tourism areas, industrial parks, historic sites; tourist attractions; rural settlements and works under their management.

d) Inspect the compliance with disaster management requirements during management, operation and use of works and infrastructural construction items under their management.

dd) Determine contents of specific tasks; delegate responsibility to organizations and individuals for management, operation and use of works and infrastructural construction items in compliance with disaster management requirements within the scope of their management.

e) Submit an annual report on critical areas and plan to protect critical areas for disaster management for mineral mining areas and areas intended for mining of other natural resources, urban areas, tourism areas, industrial parks, historic sites; tourist attractions; rural settlements and works under their management to the National Steering Committee for Natural Disaster Prevention and Control and Ministry of Agriculture and Rural Development before the flood season.

g) Organize the response to situations and activities that increase disaster risks; incidents and risks of incidents under their management as requested. If beyond the response capacity, report them to the National Steering Committee for Natural Disaster Prevention and Control and the National Committee for Search and Rescue for cooperation.

h) Provide financial resources for activities aimed at complying with disaster management during management, operation and use of mineral mining areas, areas intended for mining of other natural resources, urban areas, tourism areas, industrial parks, historic sites; tourist attractions; rural settlements and works under their management.

2. Responsibilities of People’s Committees at all levels

a) People’s Committees at all levels shall, within their jurisdiction, promulgate specific provisions on compliance with disaster management requirements specified in Article 5 hereof.

b) Organize dissemination of information for the purposes to spread knowledge, skills and measures for disaster management during management, operation and use of mineral mining areas, areas intended for mining of other natural resources, urban areas, tourism areas, industrial parks, historic sites; tourist attractions; rural settlements and works under their management within provinces.

c) Inspect the compliance with disaster management requirements during management, operation and use of works and infrastructural construction items under their management.

d) Determine contents of specific tasks; delegate responsibility to organizations and individuals for compliance with disaster management requirements for management, operation and use of works and infrastructural construction items during management, operation and use of mineral mining areas, areas intended for mining of other natural resources, urban areas, tourism areas, industrial parks, historic sites; tourist attractions; rural settlements and works under their management.

dd) Organize the response to situations and activities that increase disaster risks; incidents and incident risks, and disaster recovery within the scope of their management. If beyond their capacity, report them to the superior People’s Committee or supervisory Ministry.

e) Provincial People’s Committees shall submit a consolidated annual report on critical areas and plan to protect critical areas for disaster management for mineral mining areas and areas intended for mining of other natural resources, urban areas, tourism areas, industrial parks, historic sites; tourist attractions; rural settlements and works under their management to the National Steering Committee for Natural Disaster Prevention and Control and Ministry of Agriculture and Rural Development before the flood season.

g) Provide financial resources for activities aimed at complying with disaster management during management, operation and use of mineral mining areas, areas intended for mining of other natural resources, urban areas, tourism areas, industrial parks, historic sites; tourist attractions; rural settlements and works under their management.

3. Responsibilities of disaster management authorities

a) Supervise, expedite and provide guidelines for compliance with disaster management requirements within their power.

b) Disseminate disaster management requirements during management, operation and use of mineral mining areas, areas intended for mining of other natural resources, urban areas, tourism areas, industrial parks, historic sites; tourist attractions; rural settlements and works.

c) Review, assess and submit a consolidated report on critical areas and plan for protection of critical areas of disaster management works under their management to the supervisory People’s Committee or Ministry of Agriculture and Rural Development.

d) Advise competent authorities or carry out inspection/assessment of status and level of safety of natural disaster management during management, operation and use of works and infrastructural construction items within their power.

dd) Provide technical advice on handling of incidents and risks of incidents that increase disaster risks and disaster recovery at works and infrastructural construction items and in surrounding areas under their management.

4. Responsibilities of organizations and individuals in charge of management, operation and use

a) Comply with all requirements for natural disaster management during management, operation and use of works under their management.

b) Form and consolidate forces, assign disaster management tasks; review, formulate and promulgate internal rules and regulations on management, operation and use of mineral mining areas, areas intended for mining of other natural resources, urban areas, tourism areas, industrial parks, historic sites; tourist attractions; rural settlements and works under their management in compliance with disaster management requirements.

c) Organize the development and approval of the disaster response plan; approve or request a competent authority to approve procedures for operation of works and infrastructural construction items under their management as prescribed.

d) Organize training in disaster management skills; spread adequate knowledge about disasters, disaster impacts, disaster management measures and responsibilities of organizations and individuals for disaster management to officials and employees under their management.

dd) Handle or cooperate in handling situations and activities that increase disaster risks; incidents or incident risks, and in disaster recovery at works and infrastructural construction items under their management. If beyond their capacity, report them to competent authorities/persons.

e) Review and determine critical areas for disaster management; develop a plan to protect critical areas (if any) at works and infrastructural construction items under their management.

g) Submit reports as prescribed or as requested by competent authorities; be subject to inspections and supervision by disaster management authorities.

h) Provide financial resources for activities aimed at complying with disaster management during management, operation and use of mineral mining areas, areas intended for mining of other natural resources, urban areas, tourism areas, industrial parks, historic sites; tourist attractions; rural settlements and works under their management.

Chapter III

SPECIFIC PROVISIONS ON COMPLIANCE WITH DISASTER MANAGEMENT REQUIREMENTS DURING MANAGEMENT, OPERATION AND USE OF DISASTER MANAGEMENT WORKS IN FIELD OF AGRICULTURE AND RURAL DEVELOPMENT

Article 7. Compliance with disaster management requirements during management of works serving prevention and control of riverbank and coastal erosion

1. Disaster management requirements during management of works serving prevention and control of riverbank and coastal erosion

a) Build, consolidate, provide training and refresher training, provide adequate tools, communication and protective equipment meeting disaster management requirements to forces managing works serving prevention and control of riverbank and coastal erosion.

b) Develop and promulgate regulations on management of works serving prevention and control of riverbank and coastal erosion in compliance with disaster management requirements.

c) Formulate, review and approve the disaster response plan according to the Law on Disaster Management; organize disaster management drills; prepare adequate forces, supplies, vehicles, equipment and necessities according to the approved disaster response plan.

d) Put up warning signs in the areas where incidents occur or at risk of incidents; implement measures to ensure safety of works, people and vehicles operating within the scope of management of works serving prevention and control of riverbank and coastal erosion.

dd) Measure and monitor developments, status and basic specifications of works; riverbed, riverbank and shoreline changes; water level, flow, wave, seepage flow and other factors affecting works; monitor disaster developments affecting works for works serving prevention and control of riverbank and coastal erosion.

e) Maintain and care works to ensure their continuous operation; monitor and inspect the repair, reinforcement and upgrading to satisfy the standards on design and construction of works serving prevention and control of riverbank and coastal erosion.

g) Regularly, periodically and irregularly inspect and evaluate the status and disaster management safety level of works serving prevention and control of riverbank and coastal erosion. Discover, prevent and promptly repair damage and handle incidents and incident risks, and activities that increase disaster risks. When detecting an incident or risk of incident or activity that increases the disaster risk which is beyond the response capacity, proactively and immediately implement response measures to minimize damage and promptly report it to the supervisory People’s Committee and supervisory specialized disaster management authority for assistance.

h) Review, assess, determine critical areas and plan to protect critical areas of works serving prevention and control of riverbank and coastal erosion.

i) Organize the implementation of the approved disaster response plan suitable for natural disaster situations and promptly carry out disaster recovery.

k) Establish and store database of floods, storms, tropical depressions, strong wind at sea, water level rise, heavy rains, earthquakes, tsunamis, land subsidence affecting the stability of works and prepare documents on survey, design, works commissioning, repair, reinforcement, maintenance and care; records and reports on periodic inspection and assessment of status; disaster response plan and other relevant documents.

l) Apply advanced technologies to management of works serving prevention and control of riverbank and coastal erosion.

2. Responsibilities of authorities and organizations managing works serving prevention and control of riverbank and coastal erosion

a) Fully comply with disaster management requirements during management, operation and use of works serving prevention and control of riverbank and coastal erosion as specified in Clause 1 Article 7 hereof.

b) Handle or cooperate in handling activities that increase disaster risks; incidents, incident risks and carrying out disaster recovery at works serving prevention and control of riverbank and coastal erosion. If beyond their capacity, report them to the supervisory People’s Committee and disaster management authority.

c) Review and assess disaster management safety level and a plan to protect critical areas (if any) of works under their management, submit a report thereon to provincial specialized disaster management authorities.

d) Be subject to inspections and supervision by disaster management authorities.

3. Responsibilities of Departments of Agriculture and Rural Development

a) Supervise, expedite, provide guidance on and inspect the implementation of regulations on compliance with disaster management requirements specified in Clause 1 Article 7 hereof.

b) Advise the provincial People’s Committee on delegating responsibility for management of and compliance with disaster management requirements at works serving prevention and control of riverbank and coastal erosion within their provinces.

c) Provide advice on mobilization of resources and organize handling of incidents or incident risks and activities that increase disaster risks, and disaster recovery at works serving prevention and control of riverbank and coastal erosion under their management.

d) Annually review, assess and submit a consolidated report on critical areas and plan to protect critical areas at works serving prevention and control of riverbank and coastal erosion under their management to the provincial People’s Committee 15 days before the flood season.

dd) Disseminate disaster management requirements during management of works serving prevention and control of riverbank and coastal erosion within their provinces; provide professional training to forces in charge of works management.

e) Assume other responsibilities for state management of works serving prevention and control of riverbank and coastal erosion under their management.

4. Responsibilities of the Vietnam Disaster Management Authority

a) Provide guidance on compliance with disaster management requirements regarding works serving prevention and control of riverbank and coastal erosion.

b) Annually consolidate results of review and assessment of critical areas at works serving prevention and control of riverbank and coastal erosion nationwide, report them to the Ministry of Agriculture and Rural Development before the flood season for disaster management and recovery.

c) Inspect the compliance with disaster management requirements during management of works serving prevention and control of riverbank and coastal erosion.

d) Assume other responsibilities for state management of disaster management during management of works serving prevention and control of riverbank and coastal erosion within their power.

5. Responsibilities of People’s Committees at all levels

a) Direct organizations and individuals to comply with disaster management requirements; disseminate information on and raise awareness of disaster management during local management of works serving prevention and control of riverbank and coastal erosion.

b) Delegate responsibility of regulatory bodies for state management for management of works serving prevention and control of riverbank and coastal erosion under their management.

c) Organize handling of incidents, incident risks and situations that increase disaster risks, disaster recovery at works serving prevention and control of riverbank and coastal erosion within their power. If beyond the capacity, report them to the supervisory People’s Committee or Ministry of Agriculture and Rural Development for assistance.

d) Provincial People’s Committees shall submit a consolidated annual report on critical areas and plan to protect critical at works serving prevention and control of riverbank and coastal erosion to the National Steering Committee for Natural Disaster Prevention and Control and Ministry of Agriculture and Rural Development before the flood season.

dd) Provide financial resources for activities aimed at compliance with disaster management requirements during management of works serving prevention and control of riverbank and coastal erosion under their management.

e) Organize inspection of implementation of regulations on compliance with disaster management requirements during management of works serving prevention and control of riverbank and coastal erosion under their management.

Article 8. Compliance with disaster management requirements during management, operation and use of flood control systems

1. Disaster management requirements during management, operation and use of flood control systems

a) Monitor the changes to and operation of flood control systems and areas affected by the operation of flood control systems and disasters affecting the safety of flood control system: regularly monitor developments of rains, floods and storms and monitor flood water level, waves and tides affecting the safety of flood control system; patrol and guard according to alarm levels in accordance with regulations of law on flood control systems; carry out topographical and geological surveys of dike routes on which data is not sufficient to serve the assessment of flood control systems; periodically measure and draw fixed cross-sections of rivers; carry out preliminary measurement of riverbed changes; measure beach changes in front of flood control systems; monitor deformation, displacement and seepage of dike sections, dike protection jetties and critical dike culverts.

b) Maintain and care flood control systems; supplement, care and collect supplies reserved for flood preparedness and manage and use supplies reserved for flood preparedness in accordance with regulations of law on flood control systems and guiding documents.

c) Organize the formulation, review, approve within power or request a competent authority to approve and implement the plan for dike protection and protection of critical areas in flood control systems, including the following contents: status of works, anticipated situations, technical solutions, quantity of supplies, vehicles, response forces, mobilization plan or responsibilities.

The plan for dike protection and protection of critical areas in flood control systems must follow the four on-the-spot motto, be formulated and adjusted in accordance with regulations of law on natural disaster management and flood control system and approved before May 15 every year.

d) Establish, approve and organize implementation of procedures for operation of works serving flood diversion and flood retardment, dike culverts, spillways, dike-crossing works, pumping stations and navigation locks within safety perimeters of flood control systems. Upon operating works serving flood diversion and flood retardment, dike culverts, spillways, dike-crossing works, pumping stations and navigation locks within safety perimeters of flood control systems, it is required to provide information and warnings to organizations and individuals concerned and local governments in the areas affected by the operation; the operation process shall be fully recorded in a logbook and subject to inspection and supervision.

dd) Inspect, detect and handle risks and incidents threatening safety of flood control systems: regularly inspect and monitor changes to dike conditions; inspect and evaluate the status of flood control systems before the annual flood season, identify critical areas in flood control systems; inspect and assess the status of flood control systems immediately after a warning of heavy rain, flood, storm or the end of a heavy rain, flood or storm; inspect, detect, prevent and promptly handle violations of the law on flood control systems.

If, during the inspection, an incident or high risk of incident or activity that may threatens dike safety is found but beyond the response capacity, proactively and immediately implement response measures to minimize damage and promptly report it to the supervisory People’s Committee and supervisory specialized disaster management authority for assistance.

e) Dike protection: dike protection shall be carried out regularly, especially in flood or stormy season and it is required to promptly carry out rescue when flood control systems is involved in an incident or at risk of an incident; safety of flood control systems in the flood or stormy season must be ensured in accordance with regulations of law on flood control systems and other relevant regulations of law.

g) Establish database of disasters and prepare and retain dossiers on management, operation and use of flood control systems as prescribed. The database of disasters affecting the flood control system and damage caused by disasters to flood control systems must be updated regularly and in each period; dossiers on management, operation and use of flood control systems must be collected, prepared and sufficiently retained (including documents on survey, design, commissioning, repair and upgrading of flood control systems; documents on inspection, maintenance and care of flood control systems; records and reports on assessment of the status of flood control systems; plan for dike protection and protection of critical areas in flood control systems; procedures for operation of works serving flood diversion and flood retardment, dike culverts, spillways, dike-crossing works, pumping stations and navigation locks within safety perimeters of flood control systems and other documents concerning safety of flood control systems).

2. Responsibility for compliance with disaster management requirements of forces in charge of flood management of flood control systems for dike routes from Class III to special class

a) Inspect and monitor changes to dike conditions; keep records and regularly update data on flood control systems and disasters affecting flood control systems.

b) Formulate a plan for dike protection and protection of critical areas in flood control systems; plan to handle incidents happening to flood control systems.

c) Perform other tasks related to compliance with disaster management requirements regarding flood control systems specified in Clause 1 of this Article and law on flood control systems.

d) For the dike routes of Class IV and Class V; dike routes and works serving flood diversion and retardment, provincial People’s Committees shall promulgate regulations on the organization, management and implementation according to Points a, b and c Clause 2 of this Article.

3. Responsibility for compliance with disaster management requirements of specialized agencies advising Departments of Agriculture and Rural Development on state management of flood control.

a) Preside over and cooperate with relevant agencies in directing forces in charge of flood control system management in inspecting and assessing the status of works within provinces; maintain and care flood control systems.

b) Formulate a plan for dike protection and protection of critical areas in flood control systems and perform other tasks related to compliance with disaster management requirements regarding flood control systems within their jurisdiction.

4. Responsibility for compliance with disaster management requirements of Departments of Agriculture and Rural Development

a) Direct specialized agencies in charge of flood control to cooperate with related agencies to organize implementation of disaster management requirements specified in Clause 1 of this Article.

b) Provide guidance on and organize the formulation, review, adjustment, amendment and submission of the plan for dike protection and protection of critical areas of flood control systems for approval.

c) Handle within their power or request a competent authority to promptly handle incidents, incident risks or situations that threaten safety of flood control systems and violations against the law on flood control systems under their management.

d) Submit to the provincial People’s Committee a consolidated annual report on critical areas for disaster management regarding flood control systems before April 30.

dd) Assume other relevant responsibilities for state management of compliance with disaster management requirements during management, operation and use of flood control systems

5. Responsibility of the Vietnam Disaster Management Authority for compliance with disaster management requirements

a) Supervise, urge and instruct organizations and individuals to implement regulations on compliance with disaster management requirements during management, operation and use of works related to safety of flood control systems specified in Clause 1 of this Article and law on flood control systems.

b) Supervise and provide local governments with instructions and notify the Ministry of Agriculture and Rural Development for directions on promptly handling incidents, incident risks or situations that threaten safety of flood control systems and violations against the law on flood control systems.

c) Assume other relevant responsibilities for state management of compliance with disaster management requirements during management, operation and use of flood control systems.

6. Responsibilities of People’s Committees at all levels

a) Disseminate information on and raise awareness of compliance with disaster management requirements during management, operation and use of flood control systems.

b) Appraise and approve the plans for dike protection and protection of critical areas in flood control systems within their jurisdiction.

c) Perform the tasks related to assurance of flood control system safety specified in Chapter III on protection and use of flood control systems, Chapter IV on dike protection, Chapter VI on responsibility for state management of flood control systems of the Law on Flood Control Systems and other tasks specified in Clause 1 of this Article within their jurisdiction.

d) Provincial People’s Committees shall submit consolidated annual reports on critical areas for disaster management regarding flood control systems under their management before April 3 to the National Steering Committee for Natural Disaster Prevention and Ministry of Agriculture and Rural Development before May 15.

dd) Carry out inspection of management, operation and use of flood control systems under their management.

Article 9. Compliance with disaster management requirements during management and operation of irrigation dams, reservoirs, works serving prevention of inundation, droughts and saltwater intrusion

1. Disaster management requirements

a) Build, consolidate, provide training and refresher training, provide adequate tools, communication and protective equipment meeting disaster management requirements to forces managing and operating irrigation dams, reservoirs, works serving prevention of inundation, droughts and saltwater intrusion.

b) Formulate and promulgate working regulations during with management of works and activities within the scope of management of irrigation dams, reservoirs, works serving prevention of inundation, droughts and saltwater intrusion in accordance with disaster management requirements.

c) Formulate a work protection plan according to the Law on Irrigation and documents providing guidelines for implementation of the Law on Irrigation.

d) Formulate, review, adjust and amend the disaster response plan and emergency response plan according to regulations applicable to irrigation dams and reservoirs. Organize drills and prepare adequate forces, supplies, vehicles, equipment and necessities according to the approved plan.

dd) Establish and implement work operation procedures; promptly provide information and warnings upon operation of works and at the same time take response measures to minimize loss of life and property.

e) Supervise and monitor status of and changes to works; maintain works; control the repair and upgrading of works and irrigation infrastructures according to national standards and national technical regulations on works, do not increase increasing the disaster risks and new disasters.

g) Monitor and supervise disaster developments, provide warnings at critical areas of works and surrounding areas at risks of disaster indicants affecting stability of works and take safety measures.

h) Regularly, periodically and irregularly inspect and evaluate the status and disaster management safety level of irrigation dams, reservoirs, works serving prevention of inundation, droughts and saltwater intrusion. Detect, prevent and promptly handle situations and activities that harm or threaten safety of works, activities that increase disaster risks, incidents or risks of incidents happening to irrigation dams, reservoirs, works serving prevention of inundation, droughts and saltwater intrusion.

When detecting an incident or risk of incident or activity that increases the disaster risk which is beyond the response capacity, immediately implement response measures to minimize damage and promptly report it to the competent authority or person for assistance.

i) Review and assess the post-overflow flood drainage capacity of irrigation reservoirs; make a list of damaged or degraded works that fail to ensure their design capacity and are at risk of unsafety, funding for implementation thereof; assess, determine and make a list of critical areas for disaster management and formulate a plan to protect critical areas before the flood season every year for dams, irrigation reservoirs, works serving prevention of inundation, droughts and saltwater intrusion.

k) Implement the approved disaster and emergency response plans suitable for disaster situations and promptly take disaster recovery measures.

l) Establish disaster database and prepare dossiers on management, operation and use of irrigation dams, reservoirs, works serving prevention of inundation, droughts and saltwater intrusion as prescribed.

2. Responsibility of organizations and individuals in charge of management and operation for compliance with disaster management requirements

a) Comply with all disaster management requirements during management and operation of irrigation dams, reservoirs, works serving prevention of inundation, droughts and saltwater intrusion prescribed in Clause 1 Article 9 hereof.

b) Discover, prevent and promptly impose penalties for violations against the law on disaster management. If beyond their capacity, report them to the local government, specialized regulatory bodies and bodies concerned.

c) Handle or cooperate in handling incidents or incident risks or situations that increase incident risks and carrying out disaster recovery. If beyond their capacity, report them to managers and owners of the works and People’s Committees at all levels.

d) Review and assess disaster management safety level and a plan to protect critical areas (if any) of works under their management, submit a report thereon to provincial specialized disaster management authorities.

dd) Be subject to inspections and supervision by disaster management authorities.

3. Responsibilities of Departments of Agriculture and Rural Development

a) Direct their local irrigation authorities to cooperate with related agencies to organize implementation of disaster management requirements specified in Clause 1 Article 9 of this Article and other relevant regulations.

b) Organize training in and dissemination of disaster management requirements during management and operation of irrigation dams, reservoirs, works serving prevention of inundation, droughts and saltwater intrusion within their provinces; provide training in and organize drills for disaster management to authorities and organizations managing and operating works under their management.

c) Provide guidance on and organize the formulation, review, adjustment, amendment and submission of the work protection plan and emergency response plan.

d) Provide advice and guidance on maintenance of works; handle incidents or incident risks and violations against the law on disaster management; carry out disaster recovery at irrigation dams, reservoirs, works serving prevention of inundation, droughts and saltwater intrusion under their management.

dd) Review, assess and submit a consolidated report on critical areas and plan to protect critical areas at irrigation dams, reservoirs, works serving prevention of inundation, droughts and saltwater intrusion 15 days before the flood season.

e) Advise the provincial People’s Committee on delegating responsibility for management of irrigation dams, reservoirs, works serving prevention of inundation, droughts and saltwater intrusion within provinces.

g) Assume other responsibilities for state management of disaster management within the scope of their management.

4. Responsibilities of the Directorate of Water Resources

a) Supervise, expedite and provide guidance on implementation of regulations on compliance with disaster management requirements during management and operation of irrigation dams, reservoirs, works serving prevention of inundation, droughts and saltwater intrusion.

b) Assume responsibilities of managers of irrigation works managed by the Ministry of Agriculture and Rural Development as prescribed by the Law on Irrigation and documents providing guidelines for implementation of the Law on Irrigation.

c) Submit to the Ministry of Agriculture and Rural Development an irrigation work protection plan; measures to ensure safety of and handle incidents happening to irrigation works managed by the Ministry.

d) Submit a consolidated report on results of inspection of safety of irrigation works and reservoirs before the flood season.

dd) Assume other responsibilities for state management of compliance with disaster management requirements during management, operation and use of irrigation dams, reservoirs, works serving prevention of inundation, droughts and saltwater intrusion.

5. Responsibilities of People’s Committees at all levels

a) Disseminate information on and raise awareness of disaster management during management and operation of irrigation dams, reservoirs, works serving prevention of inundation, droughts and saltwater intrusion.

b) Delegate responsibility of regulatory bodies for state management for management and operation of works serving prevention and control of riverbank and coastal erosion under their management.

c) Provide funding for work maintenance; promptly handle incidents or incident risks, carry out disaster recovery and impose penalties for violations against the law on disaster management within the scope of their management. If beyond the capacity, report them to the supervisory People’s Committee, National Steering Committee for Natural Disaster Prevention or Ministry of Agriculture and Rural Development.

d) Provincial People’s Committees shall submit a consolidated annual report on critical areas and plan to protect critical at irrigation dams, reservoirs, works serving prevention of inundation, droughts and saltwater intrusion under its management to the National Steering Committee for Natural Disaster Prevention and Control and Ministry of Agriculture and Rural Development before the flood season.

dd) Inspect the implementation of regulations on compliance with disaster management requirements during management and operation of irrigation dams, reservoirs, works serving prevention of inundation, droughts and saltwater intrusion under their management.

Article 10. Compliance with disaster management requirements during management, operation and use of storm shelters for fishing boats

1. Disaster management requirements during management, operation and use of storm shelters for fishing boats

a) Build, consolidate, provide training and refresher training, provide adequate tools, communication and protective equipment meeting disaster management requirements to forces managing, operating and using storm shelters for fishing boats.

b) Promulgate and make publicly available regulations on management of storm shelters for fishing boats. Publish a list of storm shelters for fishing boats as prescribed by the Law on fisheries.

c) Formulate, review, adjust and amend the disaster response and search and rescue plan and anchored boat arrangement plan. Organize drills and prepare adequate forces, supplies, vehicles, equipment and necessities according to the approved plan.

d) Monitor, supervise and provide information and timely warnings about disasters; display storm or tropical depression signal upon occurrence of a disaster according to regulations; notify information about channels, buoys, signals and wharf safety to fishing boats entering and exiting storm shelters; current conditions of fishing boats anchored at storm shelters.

dd) Monitor the status of storm shelters; maintain, care and control the repair and upgrading of storm shelters for fishing boats according to technical standards and national technical regulations on works without increasing the risks of disasters and new disasters.

e) Periodically and irregularly inspect and evaluate the status and disaster management safety level of works of storm shelters for fishing boats. Discover, prevent and promptly impose penalties for violations against the law on disaster management, activities that increase risks of disasters, incidents or risks of incidents happening to storm shelters for fishing boats.

When detecting an incident or risk of incident or activity that increases the disaster risk which is beyond the response capacity, immediately implement response measures to minimize damage and promptly report it to the competent authority or person for assistance.

g) Review, assess, determine and make a list of critical areas for disaster management and plan to protect critical areas of storm shelters for fishing boats.

h) Instruct and arrange fishing boats to anchor at designated places; take measures to ensure safety of persons and vehicles; inspect and control persons’ stay on vehicles in shelters upon occurrence of disasters; obey the orders issued by competent authorities in an emergency.

i) Establish disaster database and dossiers on management, operation and use of storm shelters for fishing boats as prescribed.

2. Responsibilities of organizations and individuals managing, operating and using storm shelters for fishing boats

a) Comply with all disaster management requirements during management and operation of storm shelters for fishing boats prescribed in Clause 1 Article 10 hereof.

b) Keep a logbook of operating status, technical conditions and equipment of storm shelters for fishing boats.

c) Discover, prevent and promptly handle incidents or incident risks; situations that increase disaster risks and violations against the law on disaster management and carry out disaster recovery. If beyond the capacity, report them to the supervisory People’s Committee and relevant agencies for assistance.

dd) Inventory fishing boats anchored at shelters before a storm or tropical depression hits; obey the order to request or force fishermen so as to ensure safety and move them to a safe place in case of an emergency.

e) Be subject to inspections and supervision by disaster management authorities.

3. Responsibilities of Departments of Agriculture and Rural Development

a) Organize training in and dissemination of disaster management requirements during management and operation of storm shelters for fishing boats within their provinces; provide training in and organize drills for disaster management to authorities and organizations managing and operating works under their management.

b) Provide guidance on formulation, review, adjust, amend and submit the disaster response and search and rescue plan and plan to arrange anchored boats under their management for approval.

c) Provide advice and guidance on maintenance and care of storm shelters for fishing boats; handle incidents or incident risks and violations against the law on disaster management; carry out disaster recovery at storm shelters for fishing boats under their management.

d) Review, assess and submit a consolidated report on critical areas and plan for protection of critical areas of storm shelters for fishing boats to the supervisory People’s Committee or Ministry of Agriculture and Rural Development 15 days before the flood season.

dd) Advise the provincial People’s Committee on delegating responsibility for state management of storm shelters for fishing boats within provinces.

e) Assume other responsibilities for state management of disaster management during management, operation and use of storm shelters for fishing boats under their management.

4. Responsibilities of the Directorate of Fisheries

a) Supervise, expedite and provide guidance on implementation of regulations on compliance with disaster management requirements during management, operation and use of storm shelters for fishing boats specified in Clause 1 of this Article and law on fisheries.

b) Provide professional training in management of storm shelters for fishing boats as prescribed by law.

c) Consolidate and report results of inspection of disaster management safety level of storm shelters for fishing boats.

d) Assume other responsibilities for state management of disaster management during management, operation and use of storm shelters for fishing boats under their management.

5. Responsibilities of People’s Committees at all levels

a) Disseminate information on and raise awareness of disaster management during management, operation and use of storm shelters for fishing boats within their provinces.

b) Delegate responsibility for state management of management, operation and use of storm shelters for fishing boats.

c) Provide funding for work maintenance and care; promptly handle incidents or incident risks, impose penalties for violations against the law on disaster management and carry out disaster recovery within the scope of their management. If beyond their capacity, report them to competent authorities/persons for assistance.

d) Provincial People’s Committees shall submit a consolidated annual report on critical areas and plan to protect critical at storm shelters for fishing boats under their management to the National Steering Committee for Natural Disaster Prevention and Control and Ministry of Agriculture and Rural Development before the flood season.

dd) Inspect and impose penalties for violations against regulations on compliance with disaster management requirements at storm shelters for fishing boats under their management.

Article 11. Compliance with disaster management requirements during management, operation and use of specialized systems for disaster watchkeeping, warning and monitoring.

1. Disaster management requirements during management of specialized systems for disaster watchkeeping, warning and monitoring

a) Build, consolidate, provide training and refresher training, provide adequate tools, communication and protective equipment meeting disaster management requirements to forces managing, operating and using specialized systems for disaster watchkeeping, warning and monitoring.

b) Formulate and promulgate regulations on management and use and procedures for operation of specialized systems for disaster watchkeeping, warning and monitoring.

c) Review and complete national standards, national technical regulations and specialized standards during management, operation and use of specialized systems for disaster watchkeeping, warning and monitoring in accordance with disaster management requirements.

d) Formulate, adjust and approve the disaster response plan according to the Law on Disaster Management; organize drills according to the disaster response plan; prepare adequate forces, supplies, vehicles, equipment and necessities according to the approved disaster response plan.

dd) Measure and monitor the status and basic specifications of specialized systems for disaster watchkeeping, warning and monitoring; inspect, detect and respond to damage and interrupted supply of information, and at the same time take response measures to maintain the operation of the systems.

e) Carry out maintenance and care to ensure capacity of the systems; monitor and inspect the repair and upgrading to satisfy the standards on design and installation of specialized systems for disaster watchkeeping, warning and monitoring.

g) Regularly, periodically and irregularly inspect and evaluate the status and disaster management safety level of specialized systems for disaster watchkeeping, warning and monitoring. Discover, prevent and promptly repair damage and handle incidents and incident risks. When detecting a incidents or risk of incident or interrupted supply of information, proactively and immediately implement response measures; if beyond the response capacity, promptly report it to the supervisory People’s Committee and supervisory specialized disaster management authority for assistance.

h) Annually review, assess and determine critical areas and plan to protect critical areas of specialized systems for disaster watchkeeping, warning and monitoring.

i) Organize the implementation of the approved disaster response plan suitable for natural disaster situations and promptly carry out disaster recovery.

k) Prepare and retain dossiers on survey, design, commissioning, repair, maintenance and care; records and reports on periodic inspection and assessment of current status; disaster response plan and other relevant documents.

l) Apply advanced technologies to management of specialized systems for disaster watchkeeping, warning and monitoring.

2. Responsibilities of authorities and organizations managing specialized systems for disaster watchkeeping, warning and monitoring

a) Comply with all disaster management requirements during management, operation and use of specialized systems for disaster watchkeeping, warning and monitoring as specified in Clause 1 Article 11 hereof.

b) Handle or cooperate in handling activities that increase disaster risks; incidents, incident risks and carrying out disaster recovery with respect to specialized systems for disaster watchkeeping, warning and monitoring. If beyond the capacity, report them to the supervisory People’s Committee and disaster management authority.

c) Review and assess disaster management safety and formulate a plan to protect specialized system for disaster watchkeeping, warning and monitoring, and report it to a competent authority as prescribed.

d) Be subject to inspections and supervision by disaster management authorities.

3. Responsibilities of Departments of Agriculture and Rural Development

a) Advise provincial People’s Committees to assign People’s Committees of districts and communes to protect disaster watchkeeping, warning and monitoring stations within provinces.

b) Cooperate in carrying out operation, inspection, care, repair and upgrading of specialized systems for disaster watchkeeping, warning and monitoring.

c) Promptly operate systems as assigned to provide disaster warnings to the people.

d) Annually review, assess and submit a consolidated report on critical areas and plan to ensure safety of specialized systems for disaster watchkeeping, warning and monitoring under their management to the provincial People’s Committee 15 days before the flood season.

dd) Disseminate disaster management requirements during management of specialized systems for disaster watchkeeping, warning and monitoring within their provinces; provide professional training to forces managing the systems.

e) Assume other responsibilities for state management during management and operation of specialized systems for disaster watchkeeping, warning and monitoring.

4. Responsibilities of the Vietnam Disaster Management Authority

a) Supervise, expedite and provide guidance on the implementation of disaster management requirements with respect to specialized systems for disaster watchkeeping, warning and monitoring.

b) Inspect the implementation of regulations on compliance with disaster management requirements during management of specialized systems for disaster watchkeeping, warning and monitoring.

c) Submit to the Ministry of Agriculture and Rural Development plans for disaster response and protection of specialized systems for disaster watchkeeping, warning and monitoring.

d) Advise the Ministry of Agriculture and Rural Development to provide funding for management, operation and maintenance of the systems, such as inspection, care, repair and replacement of equipment, maintenance of normal operation of the specialized systems for disaster watchkeeping, warning and monitoring which are assigned to manage.

dd) Assume other responsibilities for state management of disaster management during management and operation of specialized systems for disaster watchkeeping, warning and monitoring within their power.

5. Responsibilities of People’s Committees at all levels

a) Direct organizations and individuals to comply with disaster management requirements; disseminate information on and raise awareness of disaster management during management and operation of specialized systems for disaster watchkeeping, warning and monitoring within provinces.

b) Delegate responsibilities of regulatory bodies at all levels for management of specialized systems for disaster watchkeeping, warning and monitoring under their management.

c) Provide funding for work maintenance and care; promptly handle incidents or incident risks, impose penalties for violations against the law on disaster management and carry out disaster recovery within the scope of their management. If beyond their capacity, report them to competent regulatory bodies for assistance.

d) Provincial People’s Committees shall submit a consolidated annual report on status and plan for protection of specialized systems for disaster watchkeeping, warning and monitoring under their management to the National Steering Committee for Natural Disaster Prevention and Control and Ministry of Agriculture and Rural Development.

dd) Provide financial resources for activities aimed at compliance with disaster management requirements during management and operation of specialized systems for disaster watchkeeping, warning and monitoring under their management.

e) Inspect the implementation of regulations on compliance with disaster management requirements during management and operation of specialized systems for disaster watchkeeping, warning and monitoring under their management.

Chapter IV

IMPLEMENTATION CLAUSE

Article 12. Effect

1. This Circular comes into force from December 10, 2021.

2. Difficulties that arise during the implementation of this Circular should be promptly reported in writing to the Ministry of Agriculture and Rural Development for consideration and resolution./.

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