Nghị định 95/2010/ND-CP

DECREE

ON LICENSING OF AND COORDINATION WITH FOREIGN SEARCH AND RESCUE FORCES IN VIETNAM

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 14, 2005 Law on National Defense;
Pursuant to the Vietnam Maritime Code of June 14, 2005;
Pursuant to the July 29, 2006 Law on Vietnam Civil Aviation;
At the proposal of the Minister of National Defense,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides the principles of and conditions and order for licensing foreign search and rescue forces in Vietnam; responsibilities of agencies, units, organizations and individuals in the licensing of and coordination with foreign search and rescue forces joining search and rescue efforts in emergency circumstances when occur catastrophes due to natural disasters or incidents in the territory of the Socialist Republic of Vietnam or in search and rescue areas under the charge of Vietnam.

Article 2. Subjects of application

This Decree applies to Vietnamese agencies, units, organizations and individuals (below collectively referred to as organizations and individuals) and foreign organizations and individuals involved in the licensing of and coordination with foreign search and rescue forces in the territory of the Socialist Republic of Vietnam.

Article 3. Application of law

1. When a treaty to which the Socialist Republic of Vietnam is a contracting party otherwise provides, that treaty prevails.

2. Provisions of this Decree do not affect the search and rescue obligations and responsibilities of foreigners and foreign vessels operating in the Vietnamese sea and aircraft operating in the Vietnamese airspace and Vietnam-managed flight information regions under the Vietnamese law and treaties to which Vietnam is a contracting party.

Article 4. interpretation of terms

In this Decree, the terms below are construed as follows:

1. Licensing means a competent agency's permission for foreign search and rescue forces and means to conduct search and rescue in the territory of the Socialist Republic of Vietnam or search and rescue areas under the charge of Vietnam.

2. Emergency circumstance requiring participation of foreign search and rescue forces means the occurrence of a catastrophe due to a natural disaster or an incident in the Vietnamese territory requiring prompt application of search and rescue measures which fall beyond the capacity of domestic search and rescue forces.

3. The search and rescue region of Vietnam covers the territory and sea areas under the sovereignty and sovereignty rights of the Socialist Republic of Vietnam and search and rescue areas under the charge of Vietnam.

4. Foreign search and rescue chief means a person appointed by the competent authority of a country or organization having search and rescue forces and means licensed for operation in Vietnam to coordinate with Vietnamese search and rescue forces and functional agencies.

5. Air traffic service provider means an establishment providing flight operation, flight information, air traffic consultancy and alarming services.

Article 5. Responsibilities of agencies in charge of search and rescue

Responsibilities of agencies in charge of search and rescue are specified as follows:

1. The National Committee for Search and Rescue shall assume the prime responsibility for mobilizing forces and means of ministries, branches and localities for search and rescue coordination in emergency circumstances involving foreign search and rescue operations.

2. The Ministry of National Defense shall assume the prime responsibility for and coordinate search and rescue operations in restricted and military zones and for military ships and aircraft in distress.

3. The Ministry of Public Security shall assume the prime responsibility for and coordinate search and rescue operations in security-restricted and -important areas or for aircraft and ships operating for security purposes in distress.

4. Air traffic service providers shall assume the prime responsibility for and coordinate search and rescue of civil aircraft in danger or distress under the Vietnam civil aviation law.

5. The Vietnam Center for maritime search and rescue coordination shall assume the prime responsibility for and coordinate search and rescue operations in the Vietnamese sea and search and rescue areas under the charge of Vietnam.

6. Provincial-level People's Committees shall assume the prime responsibility for mobilizing local forces and means to conduct search and rescue in their localities and coordinate with foreign forces and means as directed by the National Committee for Search and Rescue.

Chapter II

LICENSING PRINCIPLES. CONDITIONS. ORDER AND AGENCIES

Article 6. Licensing principles

1. Respect for independence, sovereignty and territorial integrity of Vietnam; compliance with the Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party.

2. Timeliness and promptness.

3. Priority and favorable conditions for the immigration process.

4. Specific provision of conditions on and limits of time, space and areas permitted for search and rescue operations in the Vietnamese territory.

Article 7. Licensing conditions

Foreign search and rescue forces may be licensed to conduct search and rescue in the Vietnamese territory when fully meeting the following conditions:

1. They are requested by Vietnam or proposed by a country or an international organization to operate in the search and rescue region of Vietnam.

2. They have qualified personnel and equipment relevant to the nature and circumstance of search and rescue.

3. They observe the Vietnamese law and relevant international laws.

4. A licensing agency may refuse or cancel the licensing when foreign search and rescue forces fail to satisfy the conditions specified in Clauses 1, 2 and 3 of this Article or on other matters related to security, defense and health.

Article 8. Order of request for or approval of participation of foreign search and rescue forces

1. When occurring an emergency circumstance which requires participation of foreign search and rescue forces or these forces propose such participation, ministries and branches should, according to their state management functions, propose such participation to the National Committee for Search and Rescue.

2. A proposal covers:

a/ The requested country or international organization or the country or international organization proposing to send search and rescue forces to Vietnam;

b/ Spatial and time limits planned for foreign search and rescue operations;

c/ Forces, means and operations foreign search and rescue forces can contribute.

3. The National Committee for Search and Rescue shall report to the Prime Minister on proposals of ministries and branches and promptly notify the Prime Minister's opinions to the Ministry of Foreign Affairs and concerned ministries and branches for coordinated implementation.

Article 9. Licensing agencies

1. The Ministry of National Defense may license:

a/ Foreign military vessels and boats to conduct search and rescue in the Vietnamese sea;

b/ Foreign military aircraft and unmanned aircraft to participate in conducting search and rescue at sea. on the mainland and in the flight information region of Vietnam or areas under the charge of Vietnam;

c/ Foreign search and rescue means to operate in areas banned from or restricted for operation at sea: aircraft to land and take off in military airports and flight restricted or dangerous areas.

2. The Ministry of Transport may license:

a/ Foreign search and rescue means other than those specified in Clause 1 of this Article to join search and rescue operations in the territorial sea. seaports and maritime areas of Vietnam:

b/ Foreign flights in search and rescue or relief operations in Vietnam other than those specified in Clause 1 of this Article, except special flights carrying guests of the Party and State;

c/ Foreign search and rescue forces and means other than those specified in Clause 1 of this Article to enter Vietnam by land, railway and waterway for search and rescue.

3. The Prime Minister may license foreign search and rescue means with nuclear energy-operated engines or those carrying radioactives.

4. The order, procedures, contents and forms for licensing foreign search and rescue forces and means to operate in Vietnam shall be specified by ministries, sectors and licensing agencies under current law.

Article 10. Coordination in licensing

1. The Ministry of Foreign Affairs

a/ To receive proposals of countries and international organizations to send forces and means to Vietnam for search and rescue and forward them to competent licensing agencies;

b/ To notify licensing decisions to countries and international organizations proposing to send forces and means to Vietnam for search and rescue.

2. The Ministry of National Defense

a/ To license means under its competence according to Clause 1. Article 9 of this Decree;

b/ To notify licensing decisions to the Ministry of Public Security, the Ministry of Foreign Affairs and concerned ministries, branches and localities for coordinated implementation;

c/ To notify licensing decisions to the National Committee for Search and Rescue for coordination and direction:

d/ To give opinions for concerned ministries and branches to fulfill their licensing responsibilities under Article 9 of this Decree.

3. The Ministry of Transport

a/ To license foreign search and rescue means to operate in Vietnam under Clause 2, Article 9 of this Decree after reaching agreement with the Ministry of National Defense;

b/ To notify licensing decisions to the Ministry of Foreign Affairs, the Ministry of National Defense, the Ministry of Public Security and concerned ministries, branches and localities for coordinated implementation;

c/ To notify licensing decisions to the National Committee for Search and Rescue for coordination and direction.

4. The Ministry of Public Security

To coordinate in granting entry and exit visas under law to foreigners accompanying search and rescue means licensed by competent agencies under Articles 5 and 9 of this Decree.

5. The Ministry of Information and Communications

To license foreign search and rescue forces operating in Vietnam to use radio frequencies and transmitters.

6. The National Committee for Search and Rescue

To give opinions for concerned ministries and branches to fulfill their licensing responsibilities under Article 9 of this Decree.

7. Concerned ministries and branches shall, according to their respective functions, promptly coordinate with one another in licensing foreign forces and means to conduct search and rescue in Vietnam.

Chapter III

REQUIREMENTS AND CONTENTS FOR COORDINATION BETWEEN VIETNAMESE AND FOREIGN SEARCH AND RESCUE FORCES

Article 11. Search and rescue coordination requirements

When coordinating with foreign search and rescue forces, agencies and units must meet the following requirements:

1. Proactively elaborating plans and readying forces and means for response in each area, case and circumstance requiring coordination with foreign search and rescue forces and means.

2. Promptly collecting and processing calamity information, prioritizing information provision for response activities and promptly reporting to competent authorities.

3. Uniformly commanding, coordinating and closely collaborating domestic and foreign search and rescue forces and means upon occurrence of any incidents.

4. Meeting defense, security and safety requirements for maritime and aviation operations.

Article 12. Coordination in sea search and rescue

1. Sea search and rescue without aircraft

a/ The Vietnam Center for Maritime Search and Rescue Coordination shall act as the focal point in search and rescue at sea. and notify specific requirements and conditions under Vietnamese law and measures and modes for coordination with foreign search and rescue forces and means operating in Vietnamese sea areas;

b/ Foreign search and rescue forces and means operating in the Vietnamese sea shall promptly inform and report on contents requested by competent Vietnamese agencies; and perform search and rescue tasks under the general direction of the on-site search and rescue chief and competent agencies of Vietnam.

2. Search and rescue at sea with foreign aircraft

a/ The National Committee for Search and Rescue shall direct the Vietnam Center for Maritime Search and Rescue Coordination in planning and identifying areas for search flights for air traffic service providers and notifying such plan to the National Flight Operation Control Center;

b/Chiefs of foreign search and rescue aircraft shall promptly notify results of observation and search flights to air traffic service providers, air search and rescue service providers and the Vietnam Center for Maritime Search and Rescue Coordination;

c/ On-site chiefs of search and rescue at sea shall direct sea search and rescue operations with aircraft;

d/ Search and rescue forces shall coordinate with the Vietnam Center for Maritime Search and Rescue Coordination in reaching agreement on collaboration between air and maritime search and rescue forces and means.

Article 13. Coordination in ground search and rescue

1. Search and rescue without foreign aircraft

a/ The on-site steering board for search and rescue shall act as the focal point in coordinating foreign search and rescue forces and provide search and rescue measures;

b/ Provincial-level People's Committees shall assume the prime responsibility for using local forces and means for coordination with foreign search and rescue forces and means under the uniform direction of the on-site steering board for search and rescue;

c/ Foreign search and rescue forces and means operating in the Vietnamese territory shall promptly inform and report on contents requested by competent Vietnamese agencies; and perform search and rescue tasks under the general direction of the on-site search and rescue chief.

2. Search and rescue with foreign aircraft

a/ The National Committee for Search and Rescue shall assume the prime responsibility for, and coordinate with concerned ministries and branches in. identifying areas for search flights and direct the National Flight Operation Control Center in planning search flights and collaborating with air traffic service providers for coordination with foreign forces in conducting search and rescue flights in the Vietnamese territory;

b/ The National Flight Operation Control Center shall promptly notify terrain and weather conditions and factors affecting flight operations to foreign forces to conduct search and rescue flights;

c/ Commanders of search and rescue aircraft shall be directed by the on-site chief under the on-site steering board for search and rescue through flight operation and air traffic control authorities:

d/ Commanders of foreign search and rescue aircraft shall promptly notify results of observation and search flights to air traffic service providers, air search and rescue service providers and the National Committee for Search and Rescue.

Article 14. Coordination in management, inspection and control

1. The Ministry of National Defense shall direct their functional forces in overseeing, inspecting and controlling foreign search and rescue forces and means in operation under their licenses.

2. The Ministry of Transport shall direct their functional forces in overseeing, inspecting and controlling foreign search and rescue forces and means under their licenses.

3. The Ministry of Public Security, the Ministry of Health, the Ministry of Finance and concerned ministries and branches shall inspect and control foreign search and rescue forces and means operating in Vietnam according to their respective functions.

Article 15. Coordination responsibilities of foreign search and rescue forces

Foreign search and rescue forces operating in Vietnam shall:

1. Appoint their search and rescue chiefs in Vietnam and notify such to competent Vietnamese search and rescue agencies for coordinated management and search and rescue throughout their operation until completion;

2. Obey general direction of on-site Vietnamese chiefs and comply with Vietnamese law and regulations of competent Vietnamese agencies;

3. Submit to the inspection, control and oversight by Vietnamese functional agencies; and promptly inform and report on contents requested by competent Vietnamese agencies;

4. Raw materials, materials and goods for relief and emergency aid introduced into Vietnam shall be inspected and assessed and distributed under the general coordination of competent Vietnamese agencies.

Chapter IV

RESPONSIBILITIES OF MINISTRIES BRANCHES AND LOCALITIES FOR SEARCH AND RESCUE COORDINATION WITH FOREIGN FORCES

Article 16. The National Committee for Search and Rescue

1. To assume the prime responsibility for. and coordinate with the Ministry of National Defense, the Ministry of Transport, the Ministry of Foreign Affairs and concerned ministries and branches in. licensing and coordinating with foreign search and rescue forces and means in the Vietnamese territory.

2. When Vietnamese forces and means need to conduct search and rescue in an area bordering another country or in an undemarcated overlapping area, to assume the prime responsibility for. and coordinate with the Ministry of Foreign Affairs and concerned ministries and branches in. requesting such country to coordinate for prompt search and rescue.

3. To review and report to the Prime Minister on coordination with foreign search and rescue forces and means operating in the Vietnamese territory or search and rescue areas under the charge of Vietnam.

Article 17. The Ministry of National Defense

1. To assume the prime responsibility for licensing under Clause I. Article 9 of this Decree, to direct army agencies and units in coordinates with local units in charge of search and rescue and foreign search and rescue forces and means for coordinated operations upon occurrence of any incidents.

2. To join licensing agencies defined in Article 9 of this Decree in licensing and coordinating operation with foreign search and rescue forces and means operating in the Vietnamese territory.

3. To elaborate plans to make use of army forces and means on duty to inspect and control foreign search and rescue forces and means operating in the Vietnamese territory.

4. To mobilize army forces and means to join search and rescue efforts and coordinate with foreign forces and means in conducting search and rescue in the Vietnamese territory upon occurrence of any incidents and at the request of the National Committee for Search and Rescue.

Article 18. The Ministry of Transport

1. To assume the prime responsibility for licensing under Clause 2. Article 9 of this Decree and direct professional agencies in coordinating with foreign search and rescue forces and means operating in Vietnam.

2. To notify the Vietnam Coastal Radio system's frequencies (channels) for watch duty and emergency aid and modes of communication with centers and stations for maritime rescue and search coordination to foreign search and rescue forces operating in Vietnamese seas.

3. To coordinate with the National Committee for Search and Rescue and provinces and centrally run cities in elaborating and implementing plans to combine maritime and air forces and means of the Ministry with foreign search and rescue forces and means operating in Vietnam.

4. To direct the Directorate for Roads of Vietnam, the Vietnam Railway Administration and the Vietnam Inland Waterway Administration in guiding and facilitating foreign search and rescue forces and means entering Vietnam through land border gates.

Article 19. The Ministry of Foreign Affairs

1. To coordinate with the National Committee for Search and Rescue and concerned ministries and branches in carrying out diplomatic formalities upon entry of foreign search and rescue forces and means in Vietnam for search and rescue operations.

2. To assume the prime responsibility for, and coordinate with concerned ministries and branches in. settling external and consular matters arising from the operation of foreign search and rescue forces and means in Vietnam under this Decree.

Article 20. The Ministry of Public Security

1. To coordinate with concerned ministries and branches in granting entry and exit visas under law to foreigners entering Vietnam together with search and rescue means provided in Articles 9 and 10 of this Decree.

2. To elaborate plans to combine domestic and foreign search and rescue forces and means in conducting search and rescue upon occurrence of catastrophes in the domains under its management.

3. To coordinate with other forces in inspecting, controlling and assuring security and social order and security during the operation of foreign search and rescue forces and means in Vietnam.

Article 21. The Ministry of Finance

To carry out customs procedures for entry and exit of foreign search and rescue means to operate in Vietnam under the principles defined in Article 6 of this Decree.

Article 22. The Ministry of Health

To conduct medical quarantine for humans, equipment, substances and goods of foreign forces to enter Vietnam for search and rescue and relief under law.

Article 23. The Ministry of Information and Communications

To assume the prime responsibility for licensing and assigning frequencies and transmitting capacity to prevent interference and guarantee electromagnetic compatibility for Vietnam's existing radio equipment and equipment systems under the Government's Decree No. 187/2007/ND-CP of December 25. 2007. defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communications.

Article 24. Concerned ministries and branches

1. To coordinate with concerned ministries and branches in licensing and coordinating with foreign search and rescue forces and means operating in the Vietnamese territory.

2. To direct their attached agencies and units operating in localities in assessing forces and means eligible for search and rescue operations and report them to the National Committee for Search and Rescue for inclusion in mobilization plans upon participation of foreign search and rescue forces and means.

3. To elaborate plans to combine domestic and foreign search and rescue forces and means in search and rescue operations upon occurrence of catastrophes in the domains under their management.

Article 25. Provincial-level People's Committees

1. To elaborate plans to mobilize forces and means of their localities and central agencies and organizations operating in their localities for coordination with foreign search and rescue forces and means operating in localities under their management.

2. To assume the prime responsibility for, and coordinate with central agencies and organizations operating in their localities in, joining and coordinating with foreign search and rescue forces and means operating in localities under their management.

3. To direct local functional forces in coordinating with concerned ministries and branches in carrying out procedures for and inspecting and controlling foreign search and rescue forces and means operating in their localities and in joining them in search and rescue operations.

Chapter V

IMPLEMENTATION PROVISIONS

Article 26. Effect

This Decree takes effect on November 1, 2010. Previous regulations which are contrary to this Decree are all annulled.

Article 27. Implementation responsibilities

The Ministry of National Defense, ministries, branches, provincial-level People's Committees and concerned agencies, organizations and individuals shall implement this Decree.-