Thông tư 35/2011/TT-BTNMT

CIRCULAR

DETAILING THE IMPLEMENTATION OF THE REGULATION ON ANNOUNCEMENT OF TROPICAL DEPRESSIONS, STORMS, FLOODS

THE MINISTER OF NATURAL RESOURCES AND ENVIRONMENT

Pursuant to the Government's Decree No. 25/2008/NĐ-CP on March 04, 2008 on defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment that has been amended and supplemented in the Decree No. 19/2010/NĐ-CP dated March 05, 2010 and the Decree No. 89/2010/NĐ-CP dated August 16, 2010;

Pursuant to the Prime Minister’s Decision No. 17/2011/QĐ-TTg dated March 14, 2011 promulgating the regulation on announcement of tropical depression, storm, flood;

At the request of Director General of Meteorological and Hydrological Department and Director General of the Legal Department,

HEREBY STIPULATE:

Chapter 1

GENERAL PROVISIONS

Article 1. Governing scope

This Circular regulates content of tropical depression, storm, flood warning and forecast bulletins; responsibilities of agencies that issue bulletins; responsibilities for providing bulletins to prevention and control agencies, media agencies and communities; responsibilities of agencies that receive bulletins; responsibilities of agencies that issue operation license for activities of warning and forecasting about tropical depression, storms and floods.

Article 2. Regulated entities

This Circular applies to:

1. Agencies, organizations affiliated to the Ministry of Natural Resources and Environment

2. The Ministries, ministerial-level agencies, Governmental agencies, Central steering committee for flood and storm prevention and control, National Search and Rescue Committee;

3. The People’s Committees of central-affiliated cities and provinces;

4. The Service of Natural Resources and Environment of central-affiliated cities and provinces (hereinafter referred to as the Service of Natural Resources and Environment);

5. Owners of hydroelectric and irrigation reservoirs;

6. Other agencies, organizations and individuals related to tropical depression, storm, flood warning and forecasting activities in the territory and territorial waters of Vietnam;

Chapter 2.

CONTENT OF TROPICAL DEPRESSION, STORM, FLOOD BULLETIN

Article 3. Information about tropical depression near and on East Sea; Information about storm near and on East Sea and information about storm near coast.

1. Summary information

a) Headlines of bulletins must be in accordance with the provisions set out in Articles 4, 5 of the Regulation on announcement of tropical depression, storm, flood enclosed together with the Prime Minister’s Decision No. 17/2011/QĐ-TTg dated March 14, 2011 (hereinafter referred to as the Regulation), and included with numbers of the storm identified by the order of storms occurring on East Sea in a year.

Do not give names as numbers to tropical depressions and storms near East Sea.

b) Real situations of most recent tropical depressions, storms:

- Time and central position of tropical depression, storm with accuracy up to one tenth of degree in geographic coordinates. When center of tropical depression at a certain coordinate can not be positioned due to lack of conditions, it can be positioned in a square with each side equal to 1^o in longitude and latitude; 

- Distance from center of tropical depression, storm to a specific nearest point (island, mainland of Vietnam or nearby countries);

- Strongest wind force close to center of tropical depression, storm accompanied by gust (if any) according to Beaufort scale;

c) Forecasts within the next 24 hours as prescribed in Point b, Clause 1, Article 3 hereof and supplements in direction, moving speed of tropical depression and storm;

d) As for bulletins on storms near and on East Sea, storms near coasts, the following information must be added:

- Forecasts within the next 24 to 48 hours as prescribed in Point b, Clause 1, Article 3 hereof and supplements in direction, speed of tropical depression and storm;

- Warnings within the next 48 to 72 hours in direction and speed of storm;

dd) Effects of tropical depression, storm within the next 24 hours;

e) Trajectory of storms, radius of strong wind and tolerance in images

g) Time for broadcasting next bulletin

(Content of the bulletin, see Forms 1 and 2);

2. Detailed information

a) Headlines of the bulletins instructed in Point a, Clause 1, Article 3 hereof.

b) Real situations of most recent tropical depressions, storms:

- Developments of tropical depression, storm in the past 12 or 24 hours in direction and speed (change of direction, state of being fast, slow or calm), strength of tropical depression (stronger, weaker or little change...);

- Time and center of tropical depression, storm with accuracy up to one tenth of degree in geographic coordinates. When center of tropical depression at a certain coordinate can not be positioned due to lack of conditions, it can be positioned in a square with each side equal to 1o of longitude and latitude;

- Distance from center of tropical depression, storm to a specific nearest point (island, mainland of Vietnam or nearby countries);

- Strongest wind force closest to center of tropical depression, storm accompanied by gust (if any) according to Beaufort Scale;

c) Forecasts within the next 24 hours with the following factors:

- Direction and speed of tropical depressions, storms;

- Time and central position of tropical depressions, storms;

- Distance from center of tropical depression, storm to a specific nearest point (island, mainland of Vietnam or nearby countries);

- Expected developments in strength of tropical depressions, storms within the next 24 hours;

d) As for bulletins on storms near and on East Sea, storms near coasts, the following information must be added:

- Forecasts within the next 24 to 48 hours as prescribed in Point c, Clause 2, Article 3 hereof;

- Warnings within the next 48 to 72 hours in direction and speed of storm;

dd) Effects of tropical depression, storm within the next 24 hours;

e) Trajectory of storms, radius of strong wind and tolerance in images

g) Time for broadcasting next bulletin

(Content of the bulletin, see Forms 3 and 4);

Article 4. Bulletins on tropical depression near coast and storm emergency alerts

1. Summary information

a) Headlines of the bulletins must conform to the provisions set out in Point a, Clause 1, Article 3 hereof.

b) Real situations of tropical depressions, storms at the most recent time:

- Time and center of tropical depression, storm with accuracy up to one tenth of degree in geographic coordinates.

- Distance from central position of tropical depression, storm to a specific nearest point that belongs to the coasts of our country;

- Strongest wind force close to center of tropical depression, storm accompanied by gust (if any) according to Beaufort Scale.

c) Forecasts within the next 24 hours as prescribed in Point b, Clause 1, Article 4 hereof and supplements in direction, speed of tropical depression and storm;

d) As for storm emergency alerts, following information must be added:

- Forecasts within the next 24 to 48 hours as prescribed in Point b, Clause 1, Article 4 hereof and supplements in direction, speed of tropical depression and storm;

- Warnings within the next 48 to 72 hours in direction and speed of storm;

dd) Effects of tropical depression, storm within the next 24 hours; In case tropical depression or storm is likely to impose direct effects on our country within the next 24 hours, it is required to make forecasts about time and place-names (central-affiliated cities and provinces) that are likely to be directly affected, possibilities to cause strong winds, giant waves (height), rising sea level (height), moderate and heavy rains.

e) Trajectory of storms, radius of strong wind and tolerance in images

g) Time for broadcasting next bulletin

(Content of the bulletin, see Forms 5 and 6);

2. Detailed information

a) Headlines of the bulletins must conform to the provisions set out in Point a, Clause 1, Article 3 hereof.

b) Real situations of most recent tropical depressions, storms:

- Developments of tropical depression, storm in the past 12 or 24 hours in direction and speed (change of direction, state of being fast, slow or calm), strength of tropical depression (stronger, weaker or little change...);

- Time and central position of tropical depression, storm with accuracy up to one tenth of degree in geographic coordinates.

- Distance from central position of tropical depression, storm to a specific nearest point that belongs to the coasts of our country;

- Strongest wind force close to center of tropical depression, storm accompanied by gust (if any) according to Beaufort Scale;

c) Forecasts within the next 24 hours as prescribed in Point b, Clause 2, Article 4 hereof;

d) As for storm emergency alerts, following information must be added:

- Forecasts within the next 24 to 48 hours as prescribed in Point c, Clause 2, Article 4 hereof;

- Warnings within the next 48 to 72 hours in direction and speed of storm;

dd) Effects of tropical depression, storm within the next 24 hours; In case tropical depression or storm is likely to impose direct effects on our country within the next 24 hours, it is required to make forecasts about time and place-names (central-affiliated cities and provinces) that are likely to be directly affected, possibilities to cause strong winds, giant waves (height), rising sea level (height), moderate and heavy rains.

e) Trajectory of storms, radius of strong wind and tolerance in images

g) Time for broadcasting next bulletin

(Content of the bulletin, see Forms 7 and 8);

Article 5. Bulletins on tropical depression, storms serving the prevention and control tasks by central-affiliated cities and provinces (applied to regional hydro-meteorological stations and hydro-meteorological centers of central-affiliated cities and provinces)

1. Information about tropical depressions near and on East Sea; Information about storms near and on East Sea and information about storms near coasts.

a) Basic information as instructed in Article 3 hereof.

b) Supplements to expected impacts of tropical depressions, storms within the next 24 hours on provinces, cities (with respect to local hydro-meteorological stations) or districts (with respect to provincial hydro-meteorological stations);

(Content of the bulletin, see Forms 9 and 10);

2. Bulletins on tropical depressions near coast and storm emergency alerts

a) Basic information as instructed in Article 4 hereof.

d) As for storm emergency alerts, following information must be added:

- Distance from central position of tropical depression, storm to a specific nearest point in the locality (or provinces);

- Forecasts about expected impacts of tropical depressions, storms within the next 24 hours on provinces, cities (with respect to local hydro-meteorological stations) or districts (with respect to provincial hydro-meteorological stations); In case tropical depression or storm is likely to impose direct effects on our country within the next 24 hours, it is required to make forecasts about time and place-names of central-affiliated cities and provinces that are likely to be directly affected, and possibilities to cause strong winds, giant waves (height), rising sea level (height), moderate and heavy rains.

(Content of the bulletin, see Forms 11 and 12);

Article 6. Bulletins on floods

1. Flood warnings

a) Headlines of the bulletins as instructed in Article 6 of the Regulation accompanied by names of the area/river/location where floods are likely to occur.

b) Characteristics and situations of rainfall in the area;

- Brief information about weather conditions that are likely to cause heavy rains in the area or river valley (or other causes of abnormal floods such as collapses, failures of hydroelectric dams…)

- Information about the area or river valley where heavy rains are likely to occur, level of rainfall…

- Information about the period when heavy rains are likely to occur;

c) Areas where floods are likely to occur:

- Information about time and areas (or river valleys) where floods occur (time when floods are expected to rise in each area, valley or at the area of news broadcasting);

- Level of floods expected to occur;

- Warnings about expected dangers in the area or river valleys such as high water, inundation, landslides.

d) Time for broadcasting bulletin

(Content of the bulletin, see Form 13);

2. Bulletins on floods and emergency alerts

a) Headlines of the bulletins as instructed in Article 6 of the Regulation accompanied by names of the area/river/location where news is broadcast.

b) Developments of flood in the past 24 hours (or between two bulletins) and measurements of water level at the most recent point of time;

- Information about flood peak that occurred: name of river, position, value, time of occurrence in comparison with the most recent flood alarming levels, giant floods or historic floods (if necessary);

- Information about developments, states and flooding levels in the area/river/location where floods occur to the point of time the information is received;

- Actual measurements of most recent water level must include name of river, position, value, time of occurrence in comparison with the most recent flood alarming levels, giant floods or historic floods (if necessary);

c) Judgement on expected developments, flooding level:

- Judgement on time and places where floods are likely to occur, values of flood peak; Comparisons with most recent flood alarming levels, giant floods or historic floods (if necessary);

- Judgement on trends, degree, developments in the area, river valley, or specific place within the next 12 or 24 hours.

d) Forecasts about flood water level:

- Forecasts about flood water level in the affected areas as instructed in the Appendixes II and III hereof; Specify place, river network, time and values of predicted water level/flow. Comparisons with most recent flood alarming levels, giant floods or historic floods (if necessary);

- Warnings about expected dangers in the area or river valleys such as high water, inundation, landslides.

dd) Time for broadcasting bulletin

- Time for broadcasting bulletin;

- Time for broadcasting next bulletin

(Content of the bulletin, see Form 14);

Chapter 3.

METHOD OF REPORTING NEWS ON TROPICAL DEPRESSIONS, STORMS, FLOODS

Article 7. Reporting news on tropical depressions, storms

1. Summary information about tropical depressions, storms

a) National Center for Hydro-meteorological Service shall be responsible for reporting summary information about tropical depressions, storms to the following agencies no later than 30 minutes since the bulletin is born (as stipulated by the Regulation) via fax and communication network as agreed by the two sides:

- The Ministry of Information and Communications;

- The Ministry of Transport;

- Voice of Vietnam;

- Vietnam Television;

- Vietnam News Agency;

- The Nhan Dan  Newspapers;

- Vietnam Maritime Communication and Electronics LLC;

b) Time of transfer of NEWS report is noted from sender's fax machine In case communication network breaks down, National Center for Hydro-meteorological Service shall be responsible for cooperating with agencies as recipients of news report in addressing the problem.

2. Detailed information about tropical depressions, storms

a) National Center for Hydro-meteorological Service shall be responsible for reporting detailed information about tropical depressions, storms to the following agencies no later than 30 minutes since the bulletin is born (as stipulated by the Regulation) via fax and communication network as agreed by the two sides:

- Office of the Communist Party of Vietnam;

- Office of the Government;

- Central Steering Committee for flood and storm prevention and control;

- National Search and Rescue Committee;

- The Ministry of National Defense;

- The Ministry of Agriculture and Rural Development;

- The Ministry of Industry and Trade;

b) Time of transfer of bulletins is noted from sender's fax machine; In case the communication network breaks down, the news report shall be transferred via Express Mail Service of the postal agency or via a system agreed between National Center for Hydro-meteorological Service and recipients.

3. Reporting news on tropical depressions, storms serving the prevention and control tasks by central-affiliated cities and provinces

a) Local and provincial hydro-meteorological stations shall be responsible for reporting news about tropical depressions, storms to the following agencies affiliated to central-affiliated cities and provinces no later than 30 minutes since the bulletin is born (as stipulated by the Regulation) via fax and communication network as agreed by the two sides:

- Office of the provincial committee of the Party;

- Office of the People’s Committees of provinces;

- Provincial Steering Committee for flood and storm prevention and control, search and rescue;

- Provincial radio and television stations;

- The Service of Natural Resources and Environment;

- Provincial newspapers (daily editions)

b) Time of transfer of bulletins is noted from sender's fax machine; In case the communication network breaks down, the news report shall be transferred via Express Mail Service of the postal agency or via a system agreed between local and provincial hydro-meteorological stations and recipients.

Article 8. Reporting news on floods

1. National Center for Hydro-meteorological Service, local and provincial hydro-meteorological stations shall be responsible for reporting news on floods to the agencies as defined in the Appendix VI of the Regulation.

2. Flood warning news must be reported upon detecting river water level is likely to rise to the alarm level II or arrival of abnormal floods as stipulated in Clause 1, Article 11 of the Regulation.

3. News on floods and emergency alerts shall be reported according to Clauses 2, 3, Article 6 of the Regulation.

4. Time for news report is not supposed to exceed 30 minutes since the bulletin is born according to the Regulation.

5. Method of transfer of news report: via fax and communication network as agreed by the two sides; In case the communication network breaks down, the news report shall be transferred via Express Mail Service of the postal agency or via a system agreed between National Center for Hydro-meteorological Service, local, provincial hydro-meteorological stations and recipients.

6. Time of transfer of news report is noted from sender's fax machine;

Chapter 4.

RESPONSIBILITIES OF AGENCIES THAT RECEIVE NEWS REPORT ON TROPICAL DEPRESSION, STORM, FLOODS AND PROVISION OF NEWS REPORT ON REGULATION AND OPERATION OF RESERVOIRS

Article 9. Receiving news report on tropical depressions, storms, floods

1. Agencies that receive news report on tropical depression, storm, floods (hereinafter referred to as the recipients) as defined in the Appendix VI of the Regulation must actively cooperate with the agency that provides news report in finding a method of receiving the news that ensures accuracy, timeliness and convenience for operation and employment.

2. In case the warnings, forecasts are not received or some information is not clear, the recipients must cooperate with the agency that provides the news report in determining the cause for early adjustment.

Article 10. Responsibilities of owners of reservoirs

1. As for any reservoir that belongs to multi-reservoir network with the operation process being approved by the Prime Minister, owner of such reservoir must fulfill all the provisions set out in the approved operation process.

2. As for other hydroelectric and irrigation reservoirs with valve-gates

a) The owner must fulfill responsibilities for monitoring and collecting meteorological and hydrological information and findings as defined in Article 9, Chapter II of the Government’s Decree No. 112/2008/NĐ-CP dated October 20, 2008 on management, protection and exploitation of natural resources and environment of hydroelectric and irrigation reservoirs.

b) Before emergency flood discharge, upon occurrence of problems in flood control, dam collapses, failures, the owner must make immediate notification to National center for hydro-meteorological forecasting, local hydro-meteorological stations and provincial hydro-meteorological center where the Works operates and places affected by water discharge.

c) Within six hours at the latest before all valve-gates are operated, the owner must make immediate notification about the discharge and turbine discharge to National center for hydro-meteorological forecasting, local hydro-meteorological stations and provincial hydro-meteorological centers where the Works operates and places affected by water discharge.

d) During the period when the flood control task is carried out, on 01:00, 07:00, 13:00 and 19:00 on the daily basis, the owner must make notification about real-life measurements from monitorings in the past 24 hours to National center for hydro-meteorological forecasting, local hydro-meteorological stations and provincial hydro-meteorological center where the Works operates and places affected by water discharge.

- Reservoir upper and lower water level;

- Inlet discharge, outlet discharge, turbine discharge, total discharge flowing to lower dam;

- Plans for flood discharge and expected discharge within the next 24 hours;

- Expected rises in reservoir water level and discharge within the next 24 hours.

dd) The abovementioned information must be reported in one of the following manners:

- Direct via phone;

- Via fax machine;

- Via electronic mails;

Chapter 5.

RESPONSIBILITIES FOR REPORTING NEWS ON TROPICAL DEPRESSION, STORM, FLOOD

Article 11. National Center for Hydro-meteorological Forecasting

Instruct affiliates to regularly monitor meteorological and hydrological developments, collect and handle findings; provide news reports on tropical depression, storm and floods to the agencies as defined in the Appendix VI of the Regulation; Preside over and cooperate with the recipients in constructing a method of transfer and receipt of news ensuring accuracy, timeliness and convenience for operation and employment. Specifically as follows:

1. National center for hydro-meteorological forecasting:

a) Monitor weather developments across the country, nearby countries and in the Northwestern Pacific region; collect and handle findings and issue forecasts about tropical depressions, storms that rage on East Sea, or off East Sea but likely to move into East Sea within the next 48 hours (Appendix I hereof).

b) Monitor hydrographic developments in all the rivers across the country, the rivers across borders with Vietnam; collect and handle findings; issue warnings and forecasts about storms, floods in the rivers across the country (Appendix II hereof).

c) Report warnings and forecasts on tropical depressions, storms, floods to central-affiliated agencies as instructed in the Appendix VI of the Regulation via fax, emails or other appropriate forms.

d) Closely cooperate with regional hydro-meteorological stations, provincial hydro-meteorological centers in elaborating warnings, forecasts and other information concerning tropical depressions, storms, floods.

dd) Preside over construction and implementation of regulations on forecasts about sea waves and sea water rising caused by tropical depressions, storms.

e) Collect information about developments of tropical depressions, storms, floods and come up with final forecasts for submission to the central ministries, departments on request.

2. Hydro-meteorological Information Technology Center

Ensure stable operation of professional communication networks, Internet, LAN in order to serve the collection of data, findings and communication of warnings, forecasts about tropical depressions, storms and floods via Internet, professional communication networks and other appropriate manners.

3. Regional hydro-meteorological stations

a) Monitor developments of weather within the assigned area, nearby areas and throughout the country; collect and handle information, issue warnings and forecasts about tropical depressions, storms that are likely to affect the assigned area.

b) Monitor hydrographic developments on the rivers in the region and rivers from nearby areas to flow in; collect and handle information and issue warnings, forecasts on floods on the rivers in the region (Appendix III hereof).

c) Report warnings and forecasts on tropical depressions, storms, floods to central-affiliated agencies as instructed in the Appendix VI of the Regulation via fax, emails or other appropriate forms.

d) Exchange with National center for hydro-meteorological forecasting about elaborating warnings and forecasts about tropical depression, storms, floods in the assigned area.

dd) Elaborate news on tropical depression, storms, floods in the assigned area.

e) Instruct provincial hydro-meteorological centers in the area to organize collection of data, provide warnings, forecasts about tropical depressions, storms and floods.

4. Hydro-meteorological centers of central-affiliated cities and provinces (affiliated to regional hydro-meteorological stations).

a) Monitor developments of weather within provincial area, in the region and across the country; collect and handle information and issue warnings and forecasts about tropical depressions, storms that are likely to affect the provincial and municipal administrative divisions.

b) Monitor hydrographic developments on the rivers in the provincial area, and on the rivers from nearby provinces to flow in; collect and handle information and issue warnings, forecasts on floods on the rivers in the provincial area (Appendix III hereof).

c) Transfer warnings and forecasts on tropical depressions, storms, floods to provincial-affiliated agencies as instructed in the Appendix VI of the Regulation via fax, emails or other appropriate forms.

d) Exchange with regional hydro-meteorological stations, National center for hydro-meteorological forecasting about warnings and forecasts about tropical depression, storms, floods in the provincial area.

dd) Elaborate warnings, forecasts about tropical depressions, storms and floods. In case tropical depression, storms do not impose effects on the locality, the provision of news shall depend on the request of local authorities and sectors.

Article 12. Institute of Hydro-Meteorology and Environment

Organize the implementation of warnings and forecasts about tropical depression and storms across the country, about floods on Red River and Thai Binh River by numerical value model and issue news report via communication network or other appropriate manners as designated.

Article 13. General Department of Vietnam’s Sea and Islands

Instruct the Oceanography Center to cooperate with National center for hydro-meteorological forecasting in constructing and implementing the regulations on forecasts about sea waves and sea water rising caused by tropical depressions, storms.

Chapter 6

ISSUING OPERATION LICENSE FOR ACTIVITIES OF WARNING AND FORECASTING ABOUT TROPICAL DEPRESSIONS, STORMS AND FLOODS

Issuance of the operation license for activities of warning and forecasting about tropical depressions, storms and floods (hereinafter referred to as the license) is instructed in Point b, Clause 1, Article 12 of the Regulation as follows:

Article 14. Entities and scope to be granted the license

1. Entities that operate in warnings, forecasts about tropical depressions, storms and floods

Organizations and individuals at home and abroad that are involved in the operation of warnings, forecasts about tropical depressions, storms and floods in the territory and territorial waters of Vietnam.

2. Scope of the license

The license is valid within permissible area.

Article 15. Principles of operation in warnings, forecasts about tropical depressions, storms and floods

1. Organizations, individuals that operate in warnings, forecasts about tropical depressions, storms and floods must have the license issued by the Ministry of Natural Resources and Environment as prescribed in Point b, Clause 1, Article 12 of the Regulation:

2. Organizations, individuals that operate in warnings, forecasts about tropical depressions, storms and floods are only permitted to carry out activities stated in the license.

3. During operation, any organization or individual that needs to expand scope and activity of warning and forecasting about tropical depressions, storms and floods shall be considered for supplements to the license.

4. Vietnamese agencies that study warnings, forecasts about tropical depressions, storms and floods are not required to obtain the license when they want to communicate test warnings, forecasts via intranet but a line "for reference only" must be noted on the bulletin.

Article 16. Conditions for issuance of the license

1. Domestic organizations that operate in warning and forecasting about tropical depressions, storms and floods must meet the following requirements:

a) Must have Establishment Decision issued by competent state agencies;

b) Must have technical staff who have university degrees and over in hydro-meteorology and at least three years of experience in hydro-meteorological warnings and forecasts.

c) Must have a source of supply for real-time monitoring data about hydro-meteorological factors within the territory of Vietnam serving activities of warning and forecasting, and real-time monitoring data about global hydro-meteorological factors provided by the World Meteorological Organization.

2. Foreign-invested organizations and foreign investors that operate in warnings and forecasts about tropical depressions, storms and floods in Vietnam must have adequate conditions as prescribed Points b and c, Clause 1, Article 16 hereof.

3. Individuals that are granted the license must meet the following requirements:

b) Must have university degrees and over in hydro-meteorology and at least three years of experience in hydro-meteorological warnings and forecasts

b) Must meet the conditions as prescribed in Point c, Clause 1, Article 16 hereof.

Article 17. Procedures for issuance of the license

1. Relevant organizations, individuals must make submission, direct or by post, of a request documentation for issuance or supplements to the license to the Department of Hydro-meteorological and Climate Change, the Ministry of Natural Resources and Environment (Address: # 8, Phao Dai Lang Street, Dong Da District, Hanoi).

a) The request documentation for issuance of the license includes:

- One (01) original of the request form for issuance of the license according to Form 15 hereof;

- One (01) certified true copy of the Establishment Decision or Business Registration Certificate of the organization;

- One (01) certified true copy of diploma, certificate and employment contract of technical staff;

- One (01) original of a document with confirmations about source of supply for hydro-meteorological data.

b) Request documentation for supplements to the license includes:

- One (01) original of the request form for supplements to the license according to Form 16 hereof;

- One (01) original of the report on performance of warning and forecasting about tropical depressions, storms and floods since the license is issued according to Form 18 hereof;

- Granted operation license for activities of warning and forecasting about tropical depressions, storms and floods;

2. Since receipt of adequate documents as regulated, the Ministry of Natural Resources and Environment shall be responsible for carrying out consideration, assessment and issuance (or supplements) of the license to qualified organizations, individuals within a maximum of 15 working days; in case such organizations and individuals that do not qualify for issuance of license, a written reply should be issued with reasons stated:

Article 18. Re-issuance of operation license for warnings, forecasts about tropical depressions, storms and floods

1. The operation license for activities of warning and forecasting about tropical depressions, storms and floods shall be issued in the following cases: lost, torn, damaged.

2. Any organization or individual that requests re-issuance of the license must submit one (01) original of the request form original according to Form 17 hereof to the Department of Hydro-meteorology and Climate Change, the Ministry of Natural Resources and Environment.

The lost license that is found after the new license has been granted must be returned to the Ministry of Natural Resources and Environment.

3. Since receipt of adequate documents as regulated, the Ministry of Natural Resources and Environment shall be responsible for carrying out consideration, assessment and issuance (or supplements) of the license to qualified organizations, individuals within three working days; in case such organizations and individuals that do not qualify for issuance of license, a written reply should be issued with reasons stated.

Article 19. Revocation and return of license

1. Revocation of license

Revocation of license shall be carried out in the following cases:

a) Organization as the license holder is dissolved or declared bankrupt by the Court; individual as the license holder is dead or declared dead by the Court, or loses civil capacity, or declared missing.

b) The license is granted but has not been used for 12 consecutive months without permission from competent state agencies.

c) License holder violates the decision on suspension of license validity;

d) The license is granted ultra vires.

2. Return of license

a) The license holder has the right to return the license to the licensing agency accompanied by a written reply with reasons stated when the holder does not use the license any more.

b) Organizations and individuals that return the license shall be considered for re-issuance after two years since the license is returned.

Article 20. Suspension and termination of license validity

1. Suspension of license validity

a) The license shall be suspended in the following cases:

- Organizations, individuals that are granted the license (hereinafter referred to as the license holder) violate the regulations of the license.

- The license holder transfers the license at his/her discretion;

- The license holder abuses the license to organize activities violating the regulations stated in the license

b) Period of suspension of license validity shall be stipulated by the licensing agencies; During the period of suspension, the license holder shall be stripped of his rights and obligations specified in the license.

2. Termination of license validity

a) The license shall be terminated in the following cases:

- The license is revoked;

- The license is returned;

a) When the license is terminated, rights and obligations as specified in the license shall be also taken away from the license holder.

Article 21. Powers to issue the license

The Ministry of Natural Resources and Environment is the agency that has the powers to issue, make supplements, re-issue and suspend license validity and revoke the license.

Article 22. Responsibilities of the Ministry of Natural Resources and Environment

1. Provide specimen request forms for issuance, supplements, re-issuance of the license.

2. Carry out consideration to issue, make supplements, re-issue the license.

3. File the request documentation for issuance of the license;

4. Send the license direct or by post to organizations, individuals that qualify for the issuance of the license;

5. Make a written notice to the Service of Natural Resources and Environment where the organization or individual is headquartered for follow-up and inspection.

6. Carry out regular, unregular inspection of activities of warning and forecasting about tropical depressions, storms and floods by organizations, individuals; detect and handle violations within competence, or make proposals for handling according to the law.

Article 23. Responsibilities of organizations, individuals

1. Take responsibility for information contained in the request documentation for issuance of the license;

2. Take responsibility for information contained in the request documentation for issuance or supplements to the license;

3. Pay fees as regulated;

Chapter 7

IMPLEMENTATION

Article 24. Implementation

1. The ministries, heads of ministerial-level agencies, heads of Governmental agencies, head of Central Steering Committee for flood and storm prevention and control, President of National Search and Rescue Committee, presidents of People’s Committees of central-affiliated cities and provinces within duties and authorities assigned shall be responsible for executing the provisions set out hereof and creating favorable conditions for the implementation of the Circular.

2. Entities as defined in Article 2 hereof shall be responsible for executing this Circular.

3. Media agencies, organizations or individuals shall be punished according to Articles 8, 2 of the Government’s Decree No. 61/2008/NĐ-CP dated May 09, 2008 on penalties for administrative violations in hydro-meteorology if the warnings, forecasts are released, published or broadcast without clear news source, not from official news source or to mislead the bulletin provided by the competent agency without permission as prescribed in Chapter VI hereof.

4. The Department of Hydro-meteorology and Climate Change shall preside over and cooperate with ministerial-affiliated agencies, organizations, and other relevant organizations in inspecting and speeding up the implementation of the Circular across the country.  The inspection shall be carried out regularly or unregularly every year.

Article 25. Effect

1. This Circular takes effect since October 15, 2011 and replaces the Circular No. 11/2006/TT-BTNMT dated December 20, 2006 of the Ministry of Natural Resources and Environment providing guidance on the implementation of the Prime Minister’s Decision No. 245/2006/QĐ-TTg dated November 16, 2006 promulgating the Regulation on announcement of tropical depressions, storms, floods, the Circular No. 10/2011/TT-BTNMT dated April 14, 2011 of the Ministry of Natural Resources and Environment amending and supplementing the Circular No. 11/2006/TT-BTNMT dated December 20, 2006.

2. Difficulties that arise during the implementation of this Circular should be reported by the entities as defined in Article 2 hereof to the Ministry for study and handling./.

APPENDIX II

LIST OF RIVERS WHERE INFORMATION ABOUT FLOODS IS PROVIDED BY NATIONAL CENTER FOR HYDRO-METEOROLOGICAL FORECASTING

APPENDIX III

LIST OF RIVERS WHERE INFORMATION ABOUT FLOODS IS PROVIDED BY REGIONAL HYDRO-METEOROLOGICAL STATIONS AND PROVINCIAL HYDRO-METEOROLOGICAL CENTERS