Circular No. 02/2006/TT-BTNMT guiding the implementation of Decision No. 307/2005/QD-TTg dated November 25, 2005 of the Prime Minister promulgating the Regulation on tropical depression, typhoon, and flood reporting.

CIRCULAR

Guidelines for implementing Decision No. 307/2005/QD-TTg dated November 25, 2005

of the Prime Minister promulgating the Regulation on Tropical Depression, Typhoon, and Flood Reporting

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Pursuant to Decree No. 91/2002/NĐ-CP dated November 11, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;
Pursuant to Decision No. 307/2005/QD-TTg dated November 25, 2005 of the Prime Minister promulgating the Regulation on Tropical Depression, Typhoon, and Flood Reporting;

The Ministry of Natural Resources and Environment provides detailed guidelines for implementing the Regulation on Tropical Depression, Typhoon, and Flood Reporting as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

1. This Circular specifies the responsibilities for monitoring, forecasting, and disseminating information about tropical depression, typhoon, and flood of the National Hydro-Meteorological Center and its subordinate units; the construction of signal posts for tropical depression, typhoon, and flood reporting and flood markers; the issuance of permits for tropical depression, typhoon, and flood reporting activities.

2. Ministries, sectors, People's Committees of provinces and centrally governed cities shall be responsible for implementing the provisions of the Prime Minister’s Regulation on Tropical Depression, Typhoon, and Flood Reporting and preparing annual reports on the implementation of the Regulation to be submitted to the Ministry of Natural Resources and Environment before March 15 each year for consolidation and reporting to the Prime Minister.
3. Research institutions in Vietnam that forecast tropical depression, typhoon, and flood may transmit experimental forecast results to the network without requiring a permit, but must include the phrase "Reference Bulletin" at the top of the bulletin.

II. RESPONSIBILITIES FOR REPORTING ON TROPICAL DEPRESSION, TYPHOON, AND FLOOD OF THE NATIONAL HYDRO-METEOROLOGICAL CENTER

In accordance with point a, Clause 1, Article 12 of the Regulation on Tropical Depression, Typhoon, and Flood Reporting (hereinafter referred to as the Regulation), the National Hydro-Meteorological Center is responsible for directing subordinate units to continuously monitor weather and hydrological conditions, issue official bulletins on tropical depression, typhoon, and flood on major rivers nationwide; provide such information to agencies specified in Appendix 5 of the Regulation and Appendix 2 of this Circular, specifically as follows:

1. Central Meteorological and Hydrological Forecasting Center

a) Continuously monitor weather and hydrological developments globally, particularly in the Northwest Pacific and throughout the country; collect and process updated information related to tropical depression, typhoon, and flood; promptly detect and issue forecasts and notifications about tropical depression, typhoon activity in the East Sea and floods on major rivers specified in Appendix 2 of the Regulation; timely provide bulletins to agencies specified in Appendix 5 of the Regulation;
b) Organize daily broadcasts on the internal radio frequency of the National Hydro-Meteorological Center for specialized units within the sector at times and frequencies specified in Appendix 9 of the Regulation regarding the situation and potential development of tropical depression, typhoon, and flood;

c) Provide "Typhoon Monitoring Bulletins" to the Central Party Office, the Government Office, the National Committee for Search and Rescue, and the Central Steering Committee for Flood and Storm Prevention;

d) Closely coordinate with regional meteorological and hydrological stations, especially those in areas likely to be affected by tropical depression, typhoon, and flood, to direct technical aspects of forecasting, notification, and information dissemination about tropical depression, typhoon, and flood;

đ) Collect information on the development of tropical depression, typhoon, and flood and forecast results to report promptly to leadership levels as required;

2. Marine Hydro-Meteorological Center

Closely coordinate with the Central Meteorological and Hydrological Forecasting Center in calculating sea level rise and waves to support timely typhoon, tropical depression, and flood forecasting work.
3. Regional Meteorological and Hydrological Stations

a) Continuously monitor weather and hydrological developments in the Northwest Pacific and throughout the country; collect and process information related to tropical depression, typhoon, and flood; promptly coordinate and unify opinions with the Central Meteorological and Hydrological Forecasting Center to officially issue forecasts and notifications about tropical depressions, typhoons, and floods that may affect the region under their responsibility, and floods on rivers in the region specified in Appendix 1 of this Circular; timely provide bulletins to agencies specified in Appendix 2 of this Circular and provincial-level Meteorological and Hydrological Forecasting Centers in the region; proactively coordinate with agencies specified in Appendix 2 of this Circular to unify methods and select means of transferring tropical depression, typhoon, and flood information quickly, accurately, and conveniently, suitable for each locality and agency;

b) Direct provincial-level Meteorological and Hydrological Forecasting Centers and meteorological and hydrological stations in the region to organize data collection, transmission, broadcasting, and provision of forecast and notification bulletins on tropical depression, typhoon, and flood;

c) The Central and South Central Regional Meteorological and Hydrological Station and the Southern Central Regional Meteorological and Hydrological Station are responsible for providing tropical depression, typhoon, and flood information to the Central Steering Committee for Flood and Storm Prevention in the Central Region;

d) The Southern Regional Meteorological and Hydrological Station is responsible for providing tropical depression, typhoon, and flood information to the Southern Steering Committee for Flood and Storm Prevention.

4. Provincial-level Meteorological and Hydrological Forecasting Centers (under regional meteorological and hydrological stations)
a) Continuously monitor weather and hydrological developments within the province and neighboring provinces; promptly receive forecasts and notifications about tropical depression, typhoon, and flood from the Central Meteorological and Hydrological Forecasting Center and regional meteorological and hydrological stations; conduct forecasts, exchange unified opinions with regional meteorological and hydrological stations or the Central Meteorological and Hydrological Forecasting Center to detail forecast bulletins (regarding rainfall intensity, wind strength, and flood development on rivers in the province specified in Appendix 1 of this Circular) according to local natural conditions;

b) Timely provide forecast bulletins to agencies specified in Appendix 2 of this Circular.
5. Meteorological, upper-air, hydrological, and marine meteorological stations (under regional meteorological and hydrological stations, upper-air meteorological stations)

a) Enhance monitoring when tropical depression, typhoon, flood occurs; ensure the quantity and quality of measurement factors according to regulations; b) Timely transmit information obtained from monitoring to agencies responsible for processing and forecasting tropical depression, typhoon, flood as prescribed.

b) Timely transmit information obtained from monitoring to the agencies responsible for handling and forecasting tropical depression, typhoons, and floods as prescribed.

III. PROVISIONS ON THE CONSTRUCTION OF SIGNAL POLES FOR TROPICAL DEPRESSION, TYPHOON, AND FLOOD WARNING

1. Signal poles for tropical depression and typhoon warning

a) Based on geographical features and visibility in coastal and island areas, signal poles for tropical depression and typhoon warning shall be constructed with a minimum height of ten (10) meters and a maximum height of sixty (60) meters, ensuring that people in the area, especially those near the coast and river mouths, can see the light signals;

b) When conditions permit, marine lighthouses may be utilized to install and emit signals for tropical depression and typhoon warnings.

2. Signal poles for flood warning

Signal poles for flood warning shall be constructed at necessary locations along river systems nationwide. The height of the signal poles must ensure easy observation by vessels and communities on rivers. When topographical conditions allow, flood warning signal poles may be combined with waterway traffic signal poles.

3. Warning signals for tropical depression, typhoon, and flood

Warning signals for tropical depression, typhoon, and flood are stipulated in Appendix 10 of the Regulation.
4. Responsibilities for constructing and managing signal poles for tropical depression, typhoon, and flood warning

The Ministry of National Defense, the Ministry of Agriculture and Rural Development, the Ministry of Fisheries, the Ministry of Transport, the People's Committees of provinces and centrally governed cities shall take the lead and coordinate with the Ministry of Natural Resources and Environment to implement the selection of sites, construction, and management of signal poles for tropical depression, typhoon, and flood warning within their respective jurisdictions.

IV. PROVISIONS ON THE CONSTRUCTION OF FLOOD MARKERS

1. Construction Sites

Flood markers shall be constructed in key flood-prone areas, densely populated regions, easily identifiable locations, and convenient for organizations and individuals to exploit and utilize.

2. Information on Flood Markers

a) Marker symbol: record the place name and marker number;

b) Water level scale system and flood alarm levels according to national elevation standards, connected as prescribed;

c) Historical flood water levels and occurrence times.

3. Responsibilities for constructing and managing flood markers

The Ministry of Agriculture and Rural Development, the People's Committees of provinces and centrally governed cities shall take the lead and coordinate with the Ministry of Natural Resources and Environment to implement the selection of sites, construction, and management of flood markers within their respective jurisdictions.

V. PROVISIONS ON LICENSE ISSUANCE FOR ACTIVITIES OF TROPICAL DEPRESSION, TYPHOON, AND FLOOD WARNING

The issuance of licenses for activities related to tropical depression, typhoon, and flood warning, as stipulated in Clause 2, Article 3 of the Regulation, shall be carried out as follows:

1. Principles of Tropical Depression, Typhoon, and Flood Warning Activities

a) Organizations and individuals engaged in tropical depression, typhoon, and flood warning activities as stipulated in Clause 2, Article 3 of the Regulation must have a license for tropical depression, typhoon, and flood warning activities;

b) Organizations and individuals engaged in tropical depression, typhoon, and flood warning activities may only conduct activities as specified in their license;

c) During the course of operations, if organizations and individuals wish to expand the scope and fields of tropical depression, typhoon, and flood warning activities, they may apply for supplementary license content.

2. Conditions for Issuing Licenses for Tropical Depression, Typhoon, and Flood Warning Activities

2.1 Domestic organizations engaged in tropical depression, typhoon, and flood warning activities must meet the following conditions:
a) Have a decision on establishment issued by a competent state agency;

b) Have technical staff with a bachelor's degree or higher in meteorology and hydrology and at least three (03) years of experience in weather and hydrological forecasting;

c) Have reliable and stable data sources for tropical depression, typhoon, and flood warning activities.

2.2 Foreign-invested organizations and foreign investors engaged in tropical depression, typhoon, and flood warning activities in Vietnam must meet the conditions stipulated in Point b and c of Clause 2.1, Section V of this Circular.

2.3 Individuals granted licenses for tropical depression, typhoon, and flood warning activities must meet the following conditions:
a) Have a bachelor's degree or higher in meteorology and hydrology and at least three (03) years of experience in weather and hydrological forecasting;

b) Meet the conditions stipulated in Point c of Clause 2.1, Section V of this Circular.

3. Responsibilities of the Ministry of Natural Resources and Environment in issuing, supplementing, renewing, and reissuing licenses for tropical depression, typhoon, and flood warning activities

a) Provide application forms for issuing, supplementing, renewing, and reissuing licenses;

b) Organize the examination and issuance, supplementation, renewal, and reissuance of licenses for tropical depression, typhoon, and flood warning activities;

c) Maintain records of license issuance for tropical depression, typhoon, and flood warning activities;

d) Send licenses for tropical depression, typhoon, and flood warning activities to organizations and individuals who have been granted licenses, and notify in writing the Department of Natural Resources and Environment where the headquarters of these organizations and individuals are located for monitoring and inspection;

đ) Conduct regular and spot checks on the implementation of tropical depression, typhoon, and flood warning activities by organizations and individuals; identify violations and handle them according to their authority or refer them for handling according to the law.

4. Responsibilities of organizations and individuals engaged in tropical depression, typhoon, and flood warning activities

a) Be responsible for the content of the application for issuing, supplementing, and renewing licenses for tropical depression, typhoon, and flood warning activities;

b) Be responsible for the content of tropical depression, typhoon, and flood warning forecast bulletins issued;

c) Pay fees as prescribed by law.

5. Authority to Issue Licenses for Tropical Depression, Typhoon, and Flood Warning Activities

a) The Ministry of Natural Resources and Environment is the competent authority for issuing, supplementing, renewing, reissuing, suspending, and revoking licenses for tropical depression, typhoon, and flood warning activities;

b) From the date of receipt of complete and valid applications, the Ministry of Natural Resources and Environment shall examine and issue (or supplement) licenses for tropical depression, typhoon, and flood warning activities for organizations and individuals meeting the requirements within twenty (20) working days; renew licenses within ten (10) working days; reissue licenses within five (05) working days; in cases where the conditions for issuing, supplementing, renewing, or reissuing licenses are not met, provide written notification to the organizations and individuals explaining the reasons.

6. Procedures for applying for issuance, supplementation, extension, and reissuance of permits to operate tropical depression, typhoon, and flood reporting services.

Organizations and individuals must submit two (02) sets of application files for issuing, supplementing, or extending permits to operate tropical depression, typhoon, and flood reporting services at the Meteorology and Hydrology Department, Ministry of Natural Resources and Environment.
a) The application file for issuing a permit includes: An application form for issuing a permit to operate tropical depression, typhoon, and flood reporting services according to Form No. 1 of this Circular; certificates confirming the conditions for issuing a permit to operate tropical depression, typhoon, and flood reporting services.

b) The application file for supplementing the contents of a permit includes: An application form for supplementing the contents of a permit according to Form No. 1 of this Circular; a report on the operation of tropical depression, typhoon, and flood reporting services since the issuance of the permit according to Form No. 4 of this Circular; the issued permit to operate tropical depression, typhoon, and flood reporting services.

c) The application file for extending a permit includes: An application form for extending a permit according to Form No. 5 of this Circular; a report on the operation of tropical depression, typhoon, and flood reporting services since the issuance of the permit according to Form No. 4 of this Circular; the issued permit to operate tropical depression, typhoon, and flood reporting services.
7. Scope and validity period of permits to operate tropical depression, typhoon, and flood reporting services.

a) Permits to operate tropical depression, typhoon, and flood reporting services are valid within the area specified in the permit.
b) The validity period for operating tropical depression, typhoon, and flood reporting services is ten (10) years. Upon expiration, if organizations or individuals operating tropical depression, typhoon, and flood reporting services wish to extend their permits, they must request the competent state authority to do so; each permit may only be extended once, with an extension period not exceeding five (05) years.

c) When the permit to operate tropical depression, typhoon, and flood reporting services expires, organizations or individuals wishing to continue such operations must prepare new application files to request a new permit according to point a, Clause 6, Section V of this Circular.

8. Reissuance of permits to operate tropical depression, typhoon, and flood reporting services.

a) Permits to operate tropical depression, typhoon, and flood reporting services will be reissued in the following cases: loss; damage or deterioration making them unusable.

b) Organizations or individuals requesting the reissue of a permit to operate tropical depression, typhoon, and flood reporting services must submit an application for reissuance according to Form No. 6 of this Circular.

In the case where organizations or individuals who have lost a permit to operate tropical depression, typhoon, and flood reporting services find it later after reissuance, they must return the found permit to the Ministry of Natural Resources and Environment.

9. Suspension of the effectiveness of permits.

9.1 Permits will be suspended in the following cases:

a) Organizations or individuals holding the permit (collectively referred to as the permit holder) violate the provisions of the permit.

b) The permit holder transfers the permit without authorization.

c) The permit holder uses the permit to organize activities that do not comply with the provisions of the permit.

9.2 The duration of the suspension of the permit's effectiveness is determined by the issuing authority. During the period when the permit is suspended, the permit holder does not have any rights or obligations related to the permit.

10. Revocation of permits.

The revocation of permits shall be carried out in the following cases:

a) The organization holding the permit is dissolved or declared bankrupt by the Court; the individual holding the permit dies or is declared dead, loses civil capacity, or is declared missing by the Court.

b) The permit is issued but not used continuously for twelve (12) months without permission from the competent state authority.

c) The permit holder violates the decision suspending the effectiveness of the permit.

d) The permit was issued beyond the authority.

11. Return of permits.

a) If the permit is not used, the permit holder has the right to return the permit to the issuing authority and provide a written explanation of the reasons to the issuing authority.

b) Organizations or individuals who have returned a permit may only be considered for a new permit after two (02) years from the date of returning the permit.

12. Termination of the effectiveness of permits.

12.1 Permits will be terminated in the following cases:

a) The permit is revoked;

b) The permit has expired;

c) The permit has been returned.

12.2 When a permit is terminated, all associated rights and obligations related to the permit also terminate.

VI. IMPLEMENTATION

1. This Circular replaces Circular No. 794/1998/TT-TCKTTV dated August 24, 1998, issued by the Director General of the General Department of Meteorology and Hydrology, guiding the detailed implementation of the Regulation on Typhoon and Flood Reporting.
2. This Circular takes effect fifteen days after its publication in the Official Gazette.

3. During the implementation process, if there are difficulties or obstacles, ministries, sectors, and localities should reflect these issues to the Ministry of Natural Resources and Environment for consideration and resolution./.