Nghị định 14/2010/ND-CP

DECREE

STIPULATING ORGANIZATION, DUTIES AND POWERS AND COORDINATION MECHANISMS OF CENTRAL STEERING COMMITTEE FOR FLOOD AND STORM PREVENTION AND CONTROL, THE STEERING COMMITTEE FOR FLOOD AND STORM PREVENTION AND CONTROL AND SEARCH AND RESCUE OF MINISTRIES, SECTORS AND LOCALITIES.

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of December 25, 2001;

Pursuant to the Law on Dykes dated November 29, 2006;

Pursuant to the Ordinance on flood and storm prevention and control dated March 20, 1993 and Ordinance amending and supplementing a number of articles of the Ordinance on flood and storm prevention and control dated August 24, 2000;

At the proposal of the Minister of Agriculture and Rural Development, Head of the Central Steering Committee for flood and storm prevention and control

DECREE

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of adjustment

This Decree stipulates the organization, duties and powers of central Steering Committee for flood and storm prevention and control, the Steering Committee for flood and storm prevention and control and search and rescue of ministries, sectors and localities; the operational coordination mechanisms in disaster response situations.

Article 2. Subject of application

This Decree applies to domestic agencies, organizations, individuals and foreign organizations and individuals who live and work in the territory and the sea, the islands of Vietnam.

Article 3. Explanation of terms

1. Disasters as prescribed in this Decree include: heavy rain, tropical depressions, storms, floods, flash flood, flood, hurricane, cyclone, lightning, landslides flooding, earthquake, and tsunami.

2. Disaster situation is the period when one natural disaster or a number of disasters prescribed in Clause 1, Article 3 begin to appear and are able to effect the lives and property of the State, people and the socio-economic activities on the territories, sea waters, the islands of the Socialist Republic of Vietnam until they are no longer able to have effect on Vietnam.

Chapter 2.

ORGANIZATION AND DUTIES OF CENTRAL STEERING COMMITTEE FOR FLOOD AND STORM PREVENTION AND CONTROL, THE STEERING COMMITTEE FOR FLOOD AND STORM PREVENTION AND CONTROL AND SEARCH AND RESCUE OF MINISTRIES, SECTORS AND LOCALITIES.

Article 4. Central steering committee for flood and storm prevention and control

The Central steering committee for flood and storm prevention and control is the advising agency to assist the Government and the Prime Minister in urging, directing and operating the work of prevention, response and remedy of natural disaster consequence nation-wide.

1. The Central steering committee for flood and storm prevention and control include the following members:

Minister of Agriculture and Rural Development as its head:

One Deputy Minister of Agriculture and Rural Development as its acting Deputy Head;

One Vice Chairman of Governmental Office as Deputy Head;

A Deputy Chief of the General Staff of the Vietnam People's Army as Deputy Head;

The Committee members include representatives who are leaders of ministries and sectors: Agriculture and Rural Development, Natural Resources and Environment, Public Security, Planning and Investment, Finance, Industry and Commerce, Education and Training, Information and Communication, Culture, Sports and Tourism, Construction, Transport, Health, Science and Technology, Foreign Affairs, Labour, Invalids and Social Affairs, Vietnam Television, Radio Voice of Vietnam.

Based on the requirements of work, the Head of Central steering committee for flood and storm prevention and control shall decide to add leaders for a number of relevant agencies and organizations to take part in the Central steering committee for flood and storm prevention and control.

2. Members of Central steering committee for flood and storm prevention and control work on a part-time basis. The duties of the members of the Steering Committee shall be assignedby the Head.

Members of Central steering committee for flood and storm prevention and control shall be decided by the Head of Central steering committee for flood and storm prevention and control on the basis of proposal of relevant Ministries, sectors and agencies.

3. Ministry of Agriculture and Rural Development is the standing agency of the Central steering committee for flood and storm prevention and control.

The Central steering committee for flood and storm prevention and control is entitled to use the seal of national emblem to perform duties of the Committee.

The Committee has standing Office taken charge by the Department of Dyke Management and flood and storm prevention and control. The headquarters of the Office is located in Hanoi with two area representatives which are the Centers for flood and storm prevention and control located in Ho Chi Minh City and Da Nang City. The standing Office is funded and opened an account at the State Treasury for operation.

Article 5. The local steering committee for flood and storm prevention and control and search and rescue

The provincial and district steering committee for flood and storm prevention and control and search and rescue shall be established and advised by the Chairman of People’s Committee at the same level to help the People’s Committee at the same level in inspecting, urging, directing and operating the work of prevention and response and remedy of natural disaster consequence in the local scope.

1. Members of the local steering committee for flood and storm prevention and control and search and rescue include:

Chairman or Vice Chairman of People’s Committee at the same level as the Head of Committee;

Director of the Service of Agriculture and Rural Development as the Deputy of the provincial steering committee for flood and storm prevention and control and search and rescue;

Heads of the local military agencies, heads of local border guard agency for localities with border line as Vice Chairman;

The members are leaders of agencies related to the work of flood and storm prevention and control and search and rescue of localities.

For communal levels, the members are the professional officers in charge of relevant areas as members

2. Service of Agriculture and Rural Development is the standing agency of the provincial steering committee for flood and storm prevention and control and search and rescue. The Committee has its standing office and is entitled to use the irrigation and dyke management agency of the Service of Agriculture and Rural Development, has its own seal and is funded and opened at the State Treasury for operation.

3. Based on the local specific conditions, the Chairman of district People’s Committee shall make decision on function office under the district People’s Committee as the standing office and shall be funded for operation.

4. The Headquarters of the communal steering committee for flood and storm prevention and control and search and rescue is located at the communal People’s Committee. The Committee shall utilize a number of professional officers of the communal People’s Committee as the standing division.

5. The members of the steering committee for flood and storm prevention and control and search and rescue of various levels shall work on a part-time basis.

6. The duties of members of the local steering committee for flood and storm prevention and control and search and rescue shall be assigned by the Head of committee.

Article 6. Steering committee for flood and storm prevention and control and search and rescue of central Ministries and sectors.

The steering committee for flood and storm prevention and control and search and rescue of Ministries and sectors shall be established by the Head of Ministries and sectors, advising and assisting the Ministers and Heads of sectors in urging, directing and operating the work of prevention, response and remedy of natural disaster consequences under the function and duties of Ministries.

1. The steering committee for flood and storm prevention and control and search and rescue of Ministries and sectors including the members: one leader of Ministry as the Head of the steering committee for flood and storm prevention and control and search and rescue of Ministries and sectors. Based on the organizational structure of each Ministry and sector, the Minister and Head of sector shall make decision on the number, structure and duties of members of the Committee accordingly.

2. Based on the functions and duties assigned and requirements on work of flood and storm prevention and control and search and rescue, the Minister and Head of sectors shall make decisions on establishing the standing Office for flood and storm prevention and control and search and rescue. The standing Office has its own seal and is funded and opened account for operation.

3. The headquarters of Committee is located at agency of Ministries and sectors.

Article 7. Duties of the Central steering committee for flood and storm prevention and control.

Performing the duties specified in Clause 1, Article 11 of Decree No. 08/2006/ND-CP dated 16 January, 2006 of the Government detailing a number of articles of the Ordinance on flood and storm prevention and control amended and supplemented on August 24, 2000 and regulations on anti-earthquake, tsunami approved by the Prime Minister.

Article 8. Duties of the local steering committee for flood and storm prevention and control and search and rescue

Advising and assisting the Chairman of People’s Committee at the same level to perform the task of urging, directing and operating the work of prevention, response, search and rescue and remedy of natural disaster consequences

Article 9. Duties of the Ministry and sector steering committee for flood and storm prevention and control and search and rescue

Advising the Minister, the Heads of the sectors to assume the responsibility of the central ministries and sectors and agencies specified in clauses 2 to 20, Article 11 of Decree No. 08/2006/ND-CP dated 16 January, 2006 of the Government detailing a number of articles of the Ordinance on flood and storm prevention and control amended and supplemented dated August 24, 2000 and regulations on anti-earthquake and tsunami; the decisions on the work of search and rescue approved and issued by the Prime Minister.

Chapter 3.

RIGHTS OF CENTRAL STEERING COMMITTEE FOR FLOOD AND STORM PREVENTION AND CONTROL, THE STEERING COMMITTEE FOR FLOOD AND STORM PREVENTION AND CONTROL AND SEARCH AND RESCUE OF MINISTRIES, SECTORS AND LOCALITIES.

Article 10. Right of central steering committee for flood and storm prevention and control

1. Requiring the Ministry of Natural Resources and Environment to direct the functional agencies to provide adequately and promptly the hydrologic information; requesting the Vietnam Academy of Science and Technology to direct the Institute of Geophysics to provide adequate and timely information about the earthquake, tsunami warning as prescribed.

2. Requiring the Ministries, sectors and localities to build plan and deploy the measures of prevention, response and remedy of natural disaster consequences.

3. Making decision on mobilizing human resources, materials, facilities of organizations and individuals to promptly rescue and provide relief for emergency situations beyond the handling capacity of local authorities.

4. To preside over and coordinate with the Ministries: Agriculture and Rural Development, Finance, Planning and Investment, Labor – Invalids and Social Affairs and relevant agencies to make proposal and submission to the Prime Minister for decision on measures and rate of support of natural disaster consequences

Article 11. Right of local steering committee for flood and storm prevention and control

1. Requiring the professional agencies at the same level and the inferior steering committee for flood and storm prevention and control to build plan and scheme and arrange forces, materials, facilities and reserving essential necessities for the prevention of floods, storms and search and rescue.

2. Requiring local hydrologic forecasting agencies to promptly provide information on dangerous weather and hydrologic forecasting.

3. Making decision under competence on mobilizing human resources, materials, facilities of organizations and individuals to promptly rescue and provide relief in emergency situations occurring in the area.

4. The Head of provincial steering committee for flood and storm prevention and control and search and rescue shall make decision and direction of measures to ensure the safety of means operating in the river, at sea including the permission or prohibition of boats to go offshore upon occurrence of storm, tropical depression that can effect life and assets under the local mamagement.

5. The Head of provincial provincial steering committee for flood and storm prevention and control and search and rescue shall make decision on allowing student to stay at home in case of storm, flood and dangerous natural disaster for life safety.

6. The Head of provincial provincial steering committee for flood and storm prevention and control and search and rescue of all levels shall make decision and organize evacuation of people in hazardous areas to safe places.

7. Making decision on measures to remedy natural disasters at locality, requiring the sectors and levels to deploy the measures to remedy natural disaster consequences and make report to the competent authorities on the damage and supporting demand.

Article 12. Right of steering committee for flood and storm prevention and control of Ministries and sectors including:

1. Requiring the affiliated agencies and unit to build and organize the annual implementation of scheme and plan on flood and storm prevention and control and search and rescue to protect people, assets, works of flood and storm prevention and control and socio-economic facilities under the management of agencies and units.

2. Requiring the affiliated agencies and units to promptly provide human resource, materials, technical facilities to meet the requirements for the work of rescue and relief when necessary.

3. Requiring the affiliated units to assess and synthesize the damage situation after natural disaster and make report to the competent authorities and organize consequence remedy.

Chapter 4.

COORDINATION AND RESPONSE TO NATURAL DISASTER SITUATIONS

Article 13. Coordination principle

1. Directing the response to natural disaster situations must ensure the principle of unified command, specific proactive and timely assignment and in accordance with changes in actual disaster situations.

2. When there are many forces jointly responding to disaster situations in an area, the highest Head of the steering committee for flood and storm prevention and control and search and rescue of locality or the person authorized by the Head as the responding officer

3. Natural disasters occur and potentially affect the localities and areas, the authority and forces at those localities and areas have to actively deploy to respond immediately with the motto "four on the spot."

Article 14. Coordination in forecasting and warning and direction of natural disaster prevention.

1. The Central Hydrometeorology Forecast Center shall make forecasting of tropical depression, storm, flood nation wide; the regional hydrometeorological station, the provincial hydrometeorological center shall make detailed forecasting and distributing the forecasting information for assigned area; the Institute of Geophysics broadcasting news on earthquakes and tsunami warning as prescribed.

2. The central steering committee for flood and storm prevention and control shall make decision on warning and directing the prevention and response to the natural disaster situations nationwide; the steering committee for flood and storm prevention and control of Ministries, sectors and localities shall make decision on warning and directing the responding measures to natural disaster under the management scope of of Ministries, sectors and localities.

Article 15. Coordinating to broadcast forecasting and warning and directing prevention of natural disaster

1. The central steering committee for flood and storm prevention and control and the central steering committee for flood and storm prevention and control and search and rescue of Ministries, sectors and localities, Vietnam Television, Voice of Vietnam, Maritime Information Company, border guards, local radio and television stations are the main agencies implementing the broadcasting of orthodox news about forecasting and warning and directing of natural disaster prevention.

2. The agencies implementing the broadcasting of orthodox news prescribed in clause 1 of this Article shall proactively coordinate with relevant agencies to increase the duration, frequency of timely news reporting to serve the work of operation and direction of the Prime Minister and the central steering committee for flood and storm prevention and control.

3. The issuance of forecast and warning of natural disaster shall be made through radio and television, broadcasting system, wire and wireless information, means of communication such as internet, hand speaker and other traditional news media.

Article 16. Coordinating direction of natural disaster response.

1. Situation of storm, tropical depression

a) The central steering committee for flood and storm prevention and control shall direct general measures to respond to the storm and tropical depression.

b) The steering committee for flood and storm prevention and control and search and rescue at all levels at localities shall coordinate with the local border guards to proactively check and count the people and boats operating at sea, make decision and organize the implementation of providing information and guiding boats to go out of dangerous areas or to safe places to shelter and avoid storms and tropical depressions.

c) The military and border agencies and local police shall mobilize forces and means to help people in evacuation, home fastening, arrangement of anchoring position for boats, protection of social order and taking part in rescue and protection of works of flood and storm prevention and control under the assignment of the local steering committee for flood and storm prevention and control and search and rescue.

d) The owner of the means, captains of boats operating at sea to stay in touch regularly with the steering committee for flood and storm prevention and control and search and rescue of border post, local fisheries agencies to report the position, the technical condition of the means, the number of people on board and actively escape the area affected by storms, tropical depression.

dd) Communities in the mainland and islands shall implement response measures, housing fastening or evacuation for safety, participation in activities of storm prevention and control under the mobilization of the local steering committee for flood and storm prevention and control and search and rescue.

2. Situation upon big flood, flash flood and landslide

a) Traffic management

The steering committee for flood and storm prevention and control and search and rescue of all levels at locality shall decide and mobilize police forces, traffic management agencies and local volunteer youth force to implement measures, guidance, control of traffic flow to ensure the safety traffic activities and deploy forces on duty at wharfs and critical areas.

b) Patrol and watching dykes at alarming level

The steering committee for flood and storm prevention and control and search and rescue of localities shall direct professional agencies, dyke watching patrolling force to deploy the patrolling and watching of dykes at alarming level; mobilize forces to handle incidents right at the early hours.

c) Organization of response to flash flood and landslide.

The steering committee for flood and storm prevention and control and search and rescue of all levels at locality, especially communal level, must strengthen key and professional officers, youth volunteers, means of rescue and salvage, communications, materials and essential necessities available in the critical areas, high-risk areas prone to fragmentation.

d) Organization of evacuation to ensure lives and assets of people.

The local steering committee for flood and storm prevention and control and search and rescue shall decide, direct and deploy the evacuation of people and assets out of the areas prone to flood, flash flood and landslide to ensure lives and assets of people.

dd) Operating and deploying the protection of reservoirs.

The local steering committee for flood and storm prevention and control and search and rescue shall direct the operation of reservoirs of Hoa Binh, Thac Ba, Tuyen Quang hydroelectric power and other reservoirs under the assignment of the Prime Minister.

The provincial and district steering committee for flood and storm prevention and control and search and rescue shall direct the reservoir management agencies to operate the works in accordance with procedures approved by the competent authorities, proactively mobilize materials, means and forces to handle incidents for reservoir safety.

3. Situation upon news of tsunami warning

When receiving news of tsunami warning, the steering committee for flood and storm prevention and control and search and rescue of Ministries, sectors and localities shall carry out regime on information, organization of response and evacuation under the Regulation on prevention and control of earthquake and tsunami issued together with Decision No. 78/2007/QĐ-TTg dated May 29, 2007 of the Prime Minister.

Communities must rapidly evacuate to safe places right after receiving news of tsunami warning.

4. Situation upon earthquake

Upon the occurrence of earthquake, the steering committee for flood and storm prevention and control and search and rescue of Ministries, sectors and localities shall coordinate and carry out regime on information, organization of response and evacuation under the Regulation on prevention and control of earthquake and tsunami issued together with Decision No. 78/2007/QĐ-TTg dated May 29, 2007 of the Prime Minister.

Communities shall proactively notify competent persons of information on victims who are still trapped and buried.

Article 17. Coordination in rescue, search and solvage

1. Dyke and works of flood prevention and control protection

The local steering committee for flood and storm prevention and control and search and rescue shall mobilize forces and facilities in site, forces of organizations, individuals, military forces stationed in the area to carry out the rescue, prepare sources, materials and means to assist the surrounding areas when required.

In case the situation exceeds the local capacity, the local steering committee for flood and storm prevention and control and search and rescue must promptly report to the superior steering committee for flood and storm prevention and control and search and rescue for assistance.

The Central steering committee for flood and storm prevention and control shall direct the Ministries, sectors and localities to coordinate with military forces to protect dykes and dams, reservoirs and works of irrigation, flood and storm prevention and control upon occurrence of major incidents exceeding the local handling capacity.

2. Search and rescue at sea.

The search and rescue at sea shall comply with Regulations on coordination of search and rescue at sea issued under Decision No. 103/2007/QĐ-TTg dated July 12, 2007 of the Prime Minister.

3. Search and rescue in the mainland

The local steering committee for flood and storm prevention and control and search and rescue shall preside over and mobilize forces and means in the area to proactively carry out the search and rescue.

In case of exceeding the local capacity, the local steering committee for flood and storm prevention and control and search and rescue must promptly report to the superior steering committee for flood and storm prevention and control and search and rescue or the National Committee for Search and Rescue for assistance.

Upon receiving request for assistance, the National Committee for Search and Rescue shall mobilize forces and means of the other Committees, Ministries, sectors and localities to coordinate the search and rescue.

Article 18. Coordiantion in urgent rescue, rehabilitation and reconstruction.

1. Urgent relief

The steering committee for flood and storm prevention and control and search and rescue of localities shall determine and assess the damage and the needs of urgent relief in the area, mobilize the backup sources and other sources at locality to carry out timely relief.

In case the need for relief exceeds the handling capacity of the locality, it must synthesize and report to the superior agencies for assistance.

The steering committee for flood and storm prevention and control of province, Ministries and sectors shall direct and assess the the general damages and need of assistance in the local scope and the Ministries and sectors shall report to the Prime Minister and the central steering committee for flood and storm prevention and control. The central steering committee for flood and storm prevention and control shall coordinate with the relevant Ministries to synthesize and propose the handling measures and submit to the Prime Minister for consideration and decision.

In case of serious natural disaster with large range of influence, the Central steering committee for flood and storm prevention and control shall preside over and coordinate with the Ministry of Foreign Affairs to report to the Prime Minister for consideration and making decision on appealing assistance from international community.

2. Rehabilitation and reconstruction after natural disaster

At the end of the disaster, the Chairman of provincial-level People's Committee, Ministers, Heads of ministerial-level agencies shall direct the relevant agencies to check, assess the damage, identify the priorities and develop plans for  rehabilitation and reconstruction, mobilize resources at localities, Ministries, sectors including the State, business community, organizations and people to organize the rehabilitation and reconstruction.

In case the needs exceed the resource capacity of localities, Ministries and sectors, the Minister, heads of sectors and Chairman of provincial and municipal People’s Committee shall report to the Prime Minister for making decision on assistance. In case there is insufficient fund for rehabilitation and reconstruction in fiscal year, the Ministries, sectors and localities shall arrange fund in the financial plan of the following year for rehabilitation and reconstruction.

Chapter 5.

FUND ENSURING OPERATION OF THE CENTRAL STEERING COMMITTEE FOR FLOOD AND STORM PREVENTION AND CONTROL AND THE STEERING COMMITTEE FOR FLOOD AND STORM PREVENTION AND CONTROL AND SEARCH AND RESCUE OF MINISTRIES, SECTORS AND LOCALITIES.

Article 19. The State budget shall ensure the funds for activities of the central steering committee for flood and storm prevention and control, the steering committee for flood and storm prevention and control and search and rescue of ministries, sectors and localities as follows:

1. Organizing meeting, traveling expenses, direction giving at the place of natural disaster, public services, office materials, communication, data gathering to serve the prevention and control of natural disaster.

2. Being on duty for flood and storm prevention and control at the standing office.

3. Practice, training and rehearsal of work of flood and storm and search and rescue.

4. Annually disseminating and propagating and raise the awareness of communities on the law and knowledge of natural disaster.

5. Making compensation and payment of materials, means, fuel and remuneration payment to individuals and organizations mobilized for handling urgent situations on flood and storm prevention and control and search and rescue.

6. Expenditure for bonus to individuals and organizations having achievements in flood and storm prevention and control and search and rescue.

Article 20. The standing office of the central steering committee for flood and storm prevention and control, the standing office of the central steering committee for flood and storm prevention and control and search and rescue of Ministries, sectors, the standing office or agency of the local steering committee for flood and storm prevention and control shall make the annual budget estimates for the expenditure of contents prescribed in Article 19 of this Decree, make report to the competent authorities for approval and organize the implementation in accordance with provisions of the Budget Law.

Chapter 6.

COMMENDATION AND HANDLING OF VIOLATION

Article 21. Commendation

Orgnizations and individuals having achievements in implementation of contents prescribed in this Decree shall be commended in accordance with the law.

Article 22. Violation handling

Orgnizations and individuals donot implement their duties prescribed in this Decree shall, depending on degree of violation, be disciplined and sanctioned for administrative violation or prosecuted criminal liability as prescribed by law.

Chapter 7.

IMPLEMENTATION PROVISION

Article 23. Effect

This Decree takes effect on April 20, 2010 and supersedes replacing Decree No. 168- HĐBT dated 19 May 1990 of the Council of Ministers (now as the Government) stipulating the organization and duties of the Central Steering Committee for flood and storm prevention and control and the Committee for flood and Storm at all levels and sectors. The previous regulations contrary to this Decree are hereby annulled.

Article 24. Responsibilities for execution

Minister – Head of the Central Steering Committee for flood and storm prevention and control, the Ministries, and Heads of sectors, Chairman of People’s Committee at all local levels, Head of Steering Committee for flood and storm prevention and control and search and rescue of Ministries, sectors and localities and organizations and indiividuals concerned are liable to execute this Decree.