Decree No. 02/2019/ND-CP on Civil Defense

DECREE

Von civil defense

 

Pursuant to the Law on Government Organization dated June 19, 2015;

Based on Decree No. 168/2018/NĐ-CP dated December 28, 2018 of the Government on defense work at central ministries and localities;

Based on the Law on Expropriation of Assets dated June 3, 2008;

BASED ON THE EMERGENCY SITUATION ORDINANCE dated March 23, 2000;

"Based on the proposal of the Minister of National Defense;"

The Government issues this Decree on civil defense.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the principles of organization, tasks, and activities of civil defense; ensures civil defense; and the responsibilities of central ministries and agencies and local People's Committees regarding civil defense.

Article 2. Applicability

1. This Decree applies to agencies, organizations, and individuals who are Vietnamese citizens; and agencies, organizations, and individuals who are foreigners residing and operating within the territory of Vietnam.

2. In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions, such treaty provisions shall apply.

Article 3. Principles of organization and operation of civil defense

1. Compliance with the Constitution and laws of the Socialist Republic of Vietnam.

2. Civil defense is under the direct and comprehensive leadership and guidance of the Party, unified management by the Government, direct leadership and guidance by the Party committees at all levels, management and administration by the authorities at all levels, and heads of agencies and organizations; it mobilizes the combined strength of the entire political system and the whole people.

3. Civil defense is organized from the central level down to localities and grassroots levels. Heads of agencies, organizations, and localities are responsible for organizing and implementing civil defense.

4. Strengthening and consolidating the capacity for civil defense is a key and ongoing task; civil defense must be prepared before disasters and wars occur; actively implement the principle of prevention; promptly respond when disasters and wars happen, mitigate consequences; leverage the role of local forces, local means, local command, and local logistics.

5. Expand and strengthen international cooperation in the field of civil defense.

Article 4. State management of civil defense

1. Contents of state management of civil defense include:

a) Developing and directing the implementation of strategies, plans, projects, and programs on civil defense;

b) Issuing, guiding, and organizing the implementation of legal normative documents on civil defense;

c) Propaganda, dissemination, and education on laws and knowledge about civil defense;

d) Directing and managing civil defense operations;

đ) Organizing training, drills, building forces, equipping means, and constructing civil defense facilities;

e) Specifying and guiding budgetary guarantees for civil defense activities;

g) Reviewing, approving projects, designs, and accepting construction works related to civil defense; inspecting and certifying safety conditions for means and civil defense safety;

h) Organizing research, application, and dissemination of scientific and technological advancements in civil defense;

i) International cooperation in civil defense;

k) Conducting state inspections and audits on civil defense;

n) Organizing national statistics on civil defense;

m) Summarizing, concluding, rewarding, and handling violations in civil defense.

2. Responsibilities for state management of civil defense

a) The Government uniformly manages state affairs concerning civil defense;

b) The Ministry of National Defense is responsible to the Government for managing state affairs concerning civil defense;

c) Ministries, ministerial-level agencies, and government agencies within their respective functions and powers are responsible to the Government for managing state affairs concerning civil defense within their assigned fields nationwide;

d) People's Committees at all levels within their respective functions and powers manage state affairs concerning civil defense locally.

 

Chapter II

TASKS OF CIVIL DEFENSE

Section 1

DEVELOPMENT OF STRATEGIES AND PLANS FOR CIVIL DEFENSE

Article 5. National Civil Defense Strategy

1. The national civil defense strategy is developed on a ten-year cycle, with a twenty-year outlook, and is updated and adjusted every five years or when disasters or wars occur.

2. Foundations for developing the national civil defense strategy:

a) The Party's guidelines and policies, the State's laws on civil defense, national defense, and economic and social development linked to ensuring national defense and security within all levels of defense zones;

b) Practical activities of national civil defense;

c) Results of identifying, assessing, and zoning areas at risk of disaster;

d) Resources for civil defense activities.

3. Contents of the national civil defense strategy include: viewpoints, objectives, orientations, tasks, solutions, measures, programs, projects, key initiatives, and the organization and implementation of civil defense nationwide.

Article 6. Civil Defense Plan

1. Principles for developing plans

a) National civil defense plans, civil defense plans at the ministerial level, and civil defense plans at local levels are developed on a five-year cycle and are adjusted annually;

b) Consistent with plans for economic and social development, the national civil defense strategy, the national defense plan, and the mission of protecting the country;

c) Central ministries, departments, People's Committees at all levels, and military agencies develop their own civil defense plans while directing subordinate agencies, localities, and units to develop civil defense plans;

d) Civil defense plans must effectively address requirements for preventing, combating, and mitigating disasters caused by war or other disasters.

Basic types of war: Enemy attacks using conventional weapons; large-scale destructive weapons (nuclear, chemical, biological weapons); high-tech weapons.

Basic disasters: Train, subway, submarine, cruise ship, inland waterway vessel, aircraft disasters; strong typhoons, super typhoons; earthquakes, tsunamis; widespread droughts, rising sea levels; breaches of national dams, hydropower reservoirs; widespread epidemics; radioactive leaks, nuclear radiation, toxic chemical releases, environmental pollution; collapses of high-rise buildings, mining tunnels, and caves; fires and explosions at chemical plants; fires and explosions at power plants, nuclear facilities; fires and explosions at oil rigs, pipelines; fires and explosions in industrial zones, residential areas, high-rise apartments; oil spills, national forest fires on a wide scale, and other disaster scenarios determined by ministries, sectors, and localities.

2. The civil defense plan includes the following main contents:

a) Annual assessment and update on demographic, economic, social, defense, security, environmental conditions, and the development status of various industries and infrastructure across the country;

b) Forecasting potential disaster and war scenarios; identifying and evaluating risks and risk levels from common disasters and wars that may affect national development or specific sectors and localities;

c) Determining tasks, principles, methods, measures for prevention, combat, force utilization, civil defense programs, projects, and disaster response measures to minimize damage;

d) Integrating civil defense content into national or local economic and social development plans;

e) Determining annual and five-year resource allocation and progress for implementing the civil defense plan;

f) Assigning responsibilities to agencies, organizations, and individuals for implementing, monitoring, and supervising the civil defense plan.

3. National Civil Defense Plan

a) Based on economic and social development plans, the national civil defense strategy, the national defense plan, and the mission of protecting the country, the Ministry of National Defense leads and coordinates with relevant ministries, agencies, and localities to develop the national civil defense plan for submission to the Prime Minister for approval;

b) Annually or when urgent and necessary due to national defense, security, and national interests, the Ministry of National Defense leads and coordinates with relevant ministries and sectors to adjust the national civil defense plan for submission to the Prime Minister for consideration and decision.

4. Civil Defense Plans of Central Ministries, Departments, and Affiliated Agencies

a) Based on economic and social development plans, the national civil defense strategy, the national defense plan, the mission of protecting the country, and the national civil defense plan, the central ministry's permanent civil defense agency leads and coordinates with related agencies to develop the civil defense plan for the central ministry, reports to the leadership of the central ministry for submission to the Ministry of National Defense for review before submitting to the Prime Minister for approval;

b) Based on the central ministry's civil defense plan, affiliated agencies develop their own civil defense plans, submit them to the central ministry's permanent civil defense agency for review, and report to the leadership of the central ministry for approval.

5. Provincial Civil Defense Plans and Affiliated Agencies

a) Based on economic and social development plans, the national civil defense strategy, the national defense plan, the mission of protecting the country, and the national civil defense plan, the provincial military agency leads and coordinates with related agencies to develop the provincial civil defense plan, reports to the Chairman of the Provincial People's Committee for signature and submission to the Ministry of National Defense for review, and submits to the Prime Minister for approval;

b) Based on the provincial civil defense plan and the central ministry's civil defense plan, affiliated agencies develop their own civil defense plans, submit them to the provincial military agency for review, and report to the Chairman of the Provincial People's Committee for approval.

6. District Civil Defense Plan

a) On the basis of the provincial civil defense plan, the socio-economic development plan at the local level, the Military Agency at the district level shall take the lead, coordinate with relevant agencies and units to develop the district-level civil defense plan, report to the Chairman of the People's Committee at the district level for signature and submission to the Military Agency at the provincial level for review; submit to the Chairman of the People's Committee at the provincial level for approval;

b) Based on the provincial civil defense plan, subordinate agencies and units at the district level shall develop their own civil defense plans, submit them to the Military Agency at the district level for review; submit to the Chairman of the People's Committee at the district level for approval.

7. The district-level civil defense plan

The Military Agency at the commune level shall take the lead in developing the commune-level civil defense plan, report to the Chairman of the People's Committee at the commune level for signature and submission to the Military Agency at the district level for review; submit to the Chairman of the People's Committee at the district level for approval.

Section 2

CONSTRUCTION OF CIVIL DEFENSE INFRASTRUCTURE AND EQUIPMENT

Article 7. Civil Defense Infrastructure System

1. Construction of civil defense infrastructure at each level during wartime must be integrated with the military posture within the defensive area. The review and approval of plans for constructing civil defense infrastructure systems shall be carried out in accordance with the Government's regulations on defensive areas and related laws.

2. Construction of civil defense infrastructure must ensure integration with economic, cultural, and social development; fully utilize caves, terrain, semi-underground structures, tunnel structures, and underground structures as shelters for the people, organizations, and institutions when there is a risk of disaster or war. The State has policies to encourage domestic and foreign investors to construct underground structures to ensure dual-use purposes.

3. The civil defense infrastructure system includes: Forecasting, warning, notification, and alarm facilities; facilities for preventing enemy artillery attacks using conventional weapons and large-scale destructive weapons; camouflage and decoy facilities; mobility routes; collective chemical protection equipment systems; ventilation and filtration systems; dike systems; water reservoir systems; special-purpose protective forest systems; anchorage areas for ships to avoid storms; national reserve storage systems; facilities and equipment for storing food, drinking water, medical supplies, materials, and means to ensure the implementation of civil defense tasks; facilities, equipment, and means to ensure training and exercises for preventing, mitigating, and responding to the aftermath of war and disasters, search and rescue operations.

4. Organization for construction of civil defense infrastructure

a) Based on the overall planning for defense layout combined with socio-economic development approved by the Prime Minister, the People's Committees at the provincial and district levels shall, based on the construction plan for the defensive area and the economic capacity of the locality, direct the development of plans and organize the construction of civil defense infrastructure systems integrated with the military posture plan of the defensive area of each locality;

b) The Ministry of National Defense shall take the lead or coordinate with central ministries and sectors to guide technical standards for various types of infrastructure to meet civil defense requirements and guide the construction, management, maintenance, and protection of civil defense infrastructure according to the law on investment project management. When the locality transitions to a state of war or a state of emergency in national defense, these projects must be constructed under emergency orders to fulfill the functions of preventing, mitigating, and responding to the aftermath of war for agencies, organizations, and the people in accordance with the Government's regulations on managing special construction projects.

Article 8. Civil Defense Equipment

1. Equipment for war prevention and protection: The Ministry of National Defense shall take the lead and coordinate with central ministries and sectors to compile a list of means, equipment, devices, and materials to ensure activities for war prevention and protection, to be submitted to the Prime Minister for decision; at the same time, provide guidance on production, storage, and usage during training, exercises, and emergencies.

2. Equipment for disaster warning, reporting, alarm systems, and disaster prevention, mitigation, search, rescue operations: The National Steering Committee for Disaster Response, Search and Rescue shall take the lead and coordinate with central ministries and sectors, localities to guide implementation according to the regulations of the Prime Minister.

Section 3

SYSTEM OF RECEIVING, PROCESSING, FORECASTING, WARNING, REPORTING,

ALARMING CIVIL DEFENSE INFORMATION

Article 9. Procedure for receiving and processing civil defense information

1. Information related to disaster risks or occurrences, including war, shall be reported to the civil defense authority at the same level for verification and handling.

2. After receiving information related to disaster risks or occurrences, including war, central ministries and sectors, People's Committees at all levels shall have the responsibility to inform relevant agencies, organizations under their jurisdiction, and the public, while also reporting to higher-level civil defense authorities as prescribed.

3. The Ministry of Information and Communications shall take the lead and coordinate with relevant state management agencies to direct and guide mass media and press agencies from central to local levels to disseminate information about civil defense in accordance with the provisions of the law.

Article 10. Construction of a system for forecasting, warning, reporting, and alarming civil defense information

Strengthening and building meteorological and hydrological forecast centers; earthquake notification stations, tsunami warning stations; environmental radiation monitoring and warning stations; people's air defense observation and alarm stations at central, regional, and local levels on land and islands, as well as the information technology equipment system, the Government Portal, and central to local ministries and sectors, shall form a nationwide network for civil defense information forecasting, warning, reporting, and alarming.

Section 4

SUMMARY, COMPREHENSIVE REVIEW, REPORTING,

INSPECTION ON CIVIL DEFENSE

Article 11. Summary and comprehensive review of civil defense tasks

1. Summaries and comprehensive reviews of civil defense shall be conducted at various levels by the heads of military units, leaders of central agencies and organizations, and Chairpersons of People's Committees at all levels.

2. Every six months and annually, leaders of central agencies and organizations, Chairpersons of People's Committees at all levels, and commanders of military agencies and units must evaluate the results of civil defense task implementation in their assigned fields. Summaries and comprehensive reviews of civil defense shall be linked to summaries and comprehensive reviews of other work aspects of the agencies and units.

3. The summary and comprehensive review of civil defense task implementation during each period by central ministries and sectors, localities, military agencies, and self-defense forces shall be carried out under the direction of the heads of central ministries and sectors and Chairpersons of People's Committees at all levels. The content includes: Evaluation of the situation, strengths and weaknesses, causes, and lessons learned in leadership, guidance, and organization of civil defense task implementation; directions, contents, and measures for leadership, guidance, and organization of future civil defense task implementation; proposals for policies and measures regarding civil defense.

Article 12. Report on the Implementation of Civil Defense Tasks

1. Military agencies and units shall compile the situation and results of implementing civil defense tasks into a separate content in regular reports according to the current reporting system regulations of the Minister of National Defense.

2. Monthly, six-monthly, and annual reports: Specialized and concurrent units under central ministries, sectors, and localities shall report to the Civil Defense Command at the same level on the situation and results of implementing civil defense tasks according to the guidance of the civil defense headquarters at the ministry and provincial levels.

3. Six-monthly, annual, and five-year reports: Central ministries, sectors, and provincial-level localities shall direct the civil defense headquarters to compile and report to the Government and the Prime Minister (through the Ministry of National Defense) on the situation and results of implementing civil defense tasks incorporated into the content of the report on the results of national defense work.

Article 13. Inspection of the Implementation of Civil Defense Tasks

1. Annually, the Ministry of National Defense shall develop plans and organize inspections of the implementation of civil defense tasks by central ministries, sectors, localities, and military agencies and units through the National Civil Defense Steering Committee; guide the Military Affairs Committees of central agencies and organizations and local military agencies at all levels to assist heads of ministries, sectors, and People's Committees at all levels in developing plans and organizing inspections of the implementation of civil defense tasks by subordinate agencies and units.

2. The inspection regime includes: Regular inspections (monthly, quarterly, six-monthly, annually); surprise inspections.

3. Content of inspections: The dissemination and implementation of Party and State policies, issuance of leadership and guidance documents; results of directing and implementing plans, reporting systems, situation notifications, inspections, mid-term reviews, final summaries of task implementation, financial support for regular operations, construction investment, procurement of equipment, and civil defense policies and regulations.

Article 14. Audit of the Implementation of Civil Defense Tasks

Audits of the implementation of civil defense tasks by ministries, sectors, localities, and military agencies shall be carried out in accordance with the laws on auditing.

 

Section 5

PROPAGANDA, EDUCATION, TRAINING AND CAPACITY BUILDING

TRAINING AND DRILLS ON CIVIL DEFENSE

Article 15. Propaganda, Education, Training and Capacity Building, Training, and Drills

1. Agencies and organizations from the central to local levels shall organize propaganda based on their functions and responsibilities to enhance awareness, consciousness, and responsibility and disseminate basic knowledge about civil defense to the entire population.

2. The Ministry of National Defense shall take the lead and coordinate with central ministries, sectors, and localities to implement capacity building, training, and drills on measures to prevent, avoid, and mitigate the consequences of high-tech weapons, weapons of mass destruction, and other disasters for core forces and broad-based civil defense forces.

3. Based on their functions and responsibilities, central ministries, sectors, and localities shall take the lead and coordinate with the Ministry of National Defense to determine the content, organization, and methods of capacity building, training, and drills on civil defense in the annual civil defense program and plan.

4. Civil defense drills at each locality, agency, and organization shall be the responsibility of the Chairman of the People's Committee of the locality and the head of the agency or organization to implement, under the direction of the immediate superior authority.

Article 16. Subjects, Time for Civil Defense Training and Drills

1. Specialized and concurrent civil defense forces under the Ministries of National Defense, Public Security, Transport, Industry and Trade, Health, and other central ministries and sectors: Each year, they shall undergo specialized training on contents to serve as the core force in performing tasks to prevent, combat, and mitigate disaster consequences during peacetime and wartime according to the regulations of the heads of central ministries and sectors.

2. At local levels

a) Specialized civil defense forces as stipulated in point a, Clause 3, point a, Clause 4, Article 26 of this Decree: The time for civil defense training shall be regulated by the Minister of National Defense and the Minister of Public Security;

b) Concurrent civil defense forces as stipulated in point b, Clause 3, point b, Clause 4, Article 26 of this Decree: The time for civil defense training shall be regulated by the Chairman of the People's Committee at the provincial level.

3. Students, trainees, and pupils studying in academies, schools, and mass organizations at all levels: The time for civil defense training shall be integrated into the national defense and security education program of each academic year.

4. Party members, civil servants, religious dignitaries, and religious workers shall study civil defense matters integrated into the knowledge enhancement program on national defense and security as prescribed by law, with a minimum of 05% of the total time allocated for national defense knowledge training for each subject.

5. Central ministries and sectors, localities, agencies, and units shall organize civil defense drills once every five years; integrate contents on disaster prevention, response, and search and rescue operations into civil defense drills.

 

Chapter 6

INTERNATIONAL COOPERATION IN CIVIL DEFENSE

Article 17. Principles of International Cooperation in Civil Defense

Clause 1. Ensuring respect for independence, sovereignty, territorial integrity, non-interference in internal affairs, and safeguarding national interests.

2. Compliance with international treaties to which the Socialist Republic of Vietnam is a member.

3. Prioritize cooperation in training, drills, scientific research, technology transfer; sharing experiences, and joint search and rescue operations.

Article 18. Contents of International Cooperation in Civil Defense

1. International cooperation in information exchange, forecasting, and warning.

2. Cooperation in scientific research and technology transfer in disaster response and search and rescue operations.

3. Cooperation in training, drills.

4. Cooperation in search and rescue operations and disaster relief.

5. Cooperation in investment and humanitarian aid.

Article 19. Agencies for International Cooperation in Civil Defense

1. The Ministry of National Defense is the lead agency for international cooperation in civil defense, responsible for:

a) Receiving forecast, warning information, and related disaster information from domestic and international agencies and organizations as prescribed;

b) Providing disaster information to international agencies and organizations as prescribed;

c) Annually, taking the lead and coordinating with central ministries and sectors, localities to develop plans for international cooperation in training, drills, equipment investment, scientific research, and technology transfer in disaster response and search and rescue operations for submission to the Prime Minister for decision; implementing cooperation plans with countries as prescribed;

d) Taking the lead and coordinating with relevant central ministries and sectors, localities to organize international activities in disaster response and search and rescue operations within their management scope;

đ) Proposing the signing and accession to international treaties in disaster response and search and rescue operations;

e) Proposing to the Government and the Prime Minister to call for international support for disaster response and search and rescue operations.

2. The Ministry of Foreign Affairs

a) Calling for international support for disaster response, search and rescue operations, disaster mitigation, and war damage in Vietnam, while serving as the focal point of Vietnam to support other countries as directed by the Government;

b) Taking the lead in contacting countries and territories to coordinate support for Vietnamese personnel and means when disasters occur, and supporting personnel and means of other countries when requested.

3. The Ministry of Natural Resources and Environment leads international cooperation in radioactive waste management and environmental disaster response.

4. The Ministry of Science and Technology leads international cooperation in scientific research, technology transfer, and nuclear and radiation incident response.

5. The Ministry of Health leads international cooperation in disease prevention and treatment, epidemic and disaster response, and war damage; providing humanitarian assistance and medical aid consistent with international treaties to which Vietnam is a party.

 

Chapter III

ENSURING CIVIL DEFENSE ACTIVITIES

Section 1

DIRECTING AND COMMANDING AGENCIES FOR CIVIL DEFENSE

AND CIVIL DEFENSE FORCES

Article 20. Structure and Tasks of the National Civil Defense Steering Committee

1. The National Civil Defense Steering Committee shall be established by the Prime Minister to assist the Government and the Prime Minister in organizing, directing, and managing civil defense work nationwide. The National Civil Defense Steering Committee shall use the national emblem to perform its tasks and operate on a part-time basis.

2. Structure

a) Chairman: The Prime Minister.

b) Deputy Chairmen:

The Deputy Prime Minister - Chairman of the National Steering Committee for Disaster Response and Search and Rescue, Permanent Deputy Chairman;

Minister of National Defense;

The Minister of Public Security.

c) Members are Ministers of ministries, heads of agencies at the ministerial level, and agencies under the Government.

3. The permanent office of the National Civil Defense Steering Committee is the Ministry of National Defense.

The specialized agency assisting the National Civil Defense Steering Committee is the Rescue and Search and Rescue Bureau under the General Staff of the Vietnam People's Army.

4. Tasks

a) Building and implementing the national strategy, plan, policy, and laws on civil defense, disaster response, and search and rescue operations;

b) Directing and guiding central ministries and localities in building and implementing civil defense strategies and plans, disaster response, and search and rescue operations;

c) Directing and coordinating civil defense efforts, disaster relief, and search and rescue operations nationwide;

d) Deciding on urgent measures and mobilizing resources from central ministries, organizations, and individuals for civil defense, disaster relief, and search and rescue operations;

đ) Directing the statistical data on losses and assistance needs of localities, central ministries, and proposing to the Government and the Prime Minister to decide on measures and resources for civil defense, disaster relief, and search and rescue operations nationwide;

e) Inspecting, supervising, and urging central ministries and localities to implement civil defense activities, disaster response, and search and rescue operations.

Article 21. Organization and Tasks of the Central Ministries' and Agencies' Civil Defense Command

1. Central ministries and agencies shall improve their organization, supplement functions and tasks, and working relationships of the Command for Flood and Storm Control and Search and Rescue, which also serves as the Civil Defense Command of the central ministries and agencies; they shall operate on a part-time basis and be subject to the direction of the National Civil Defense Steering Committee. Based on civil defense requirements and tasks, the head of the central ministry or agency decides on the establishment of the Civil Defense Command of subordinate agencies and units.

2. The Military Command of the central ministries and agencies is the permanent office of the Civil Defense Command of the central ministries and agencies. In cases where the central ministries and agencies do not have a Military Command, the head of the central ministry or agency assigns an agency under their authority as the permanent office of the Civil Defense Command.

3. Tasks of the Central Ministries' and Agencies' Civil Defense Command

a) Advising the head of the central ministry or agency in performing civil defense tasks, disaster response, and search and rescue operations within their management scope;

b) Building the central ministries' and agencies' civil defense plan; guiding and monitoring agencies and units in implementing the civil defense strategy and plan;

c) Cooperating with central ministries and agencies and localities in performing civil defense tasks, disaster response, and search and rescue operations nationwide according to the directives of the Prime Minister and the National Civil Defense Steering Committee;

d) Deciding on urgent measures and mobilizing resources within their authority from central ministries and agencies to perform civil defense tasks within their management scope and support localities;

đ) Inspecting, supervising, and urging agencies and units under their authority to perform civil defense tasks.

Article 22. Organization and Tasks of the Civil Defense Command of the Military Region

1. The Civil Defense Command of the Military Region shall be established by the Minister of National Defense and operate on a concurrent basis.

2. Organizational structure: It consists of the Commander, Deputy Commander, and members.

3. Tasks of the Civil Defense Command of the Military Region

a) Direct and command military forces under its jurisdiction to cooperate with civil defense forces of localities in training, exercises, competitions, and handling situations related to civil defense occurring within the region;

b) Direct local military agencies under the Military Region to advise the People's Committee at the same level and subordinate agencies and units to develop plans for implementing civil defense tasks;

c) Approve civil defense plans of subordinate agencies and units;

d) Coordinate with local Party committees and administrations within the Military Region to lead and direct the implementation of civil defense tasks by the military and Self-Defense Militia forces;

đ) Report to the Ministry of National Defense on the results of civil defense task implementation as prescribed;

e) Inspect, supervise, and urge subordinate agencies and units to implement civil defense tasks.

Article 23. Organization and Tasks of the Civil Defense Command of the Province

1. Improve organization, supplement functions, tasks, and working relationships of the Provincial Command for Natural Disaster Prevention and Search and Rescue, which also serves as the Civil Defense Command, operating on a concurrent basis; it is subject to the direction of the National Civil Defense Steering Committee.

2. The Civil Defense Command of the Province includes the following members:

a) Commander: Chairman of the People's Committee of the Province;

b) Deputy Chairmen:

One Vice-Chairman of the People's Committee of the Province serving as the Permanent Deputy Commander;

Commander of the Provincial Military Command (for the Hanoi Capital Military Command and Ho Chi Minh City Military Command, it is the Commander);

Director of the Provincial Public Security Department.

c) Members include the Commander of the Provincial Border Guard Command (if any); leaders of relevant departments and agencies involved in civil defense work in the locality; commanders of military and public security agencies directly under the Ministry of National Defense and the Ministry of Public Security stationed in the province or city.

3. The Provincial Military Agency is the permanent office of the Civil Defense Command of the Province.

4. Tasks of the Civil Defense Command of the Province:

a) Assist the People's Committee of the Province in advising on the implementation of civil defense tasks within the managed area;

b) Develop civil defense plans for the locality; guide and monitor departments, agencies, and units in implementing civil defense strategies and plans;

c) Direct the construction of civil defense positions and activities at its own level and subordinate levels under its jurisdiction;

d) Command civil defense, disaster response, and search and rescue operations within the locality;

đ) Ensure social order and safety in areas affected by disasters or wars;

e) Inspect, supervise, and urge departments, agencies, and units in the locality to implement civil defense tasks.

Article 24. Organization and Tasks of the Civil Defense Command of the District

1. Improve organization, supplement functions, tasks, and working relationships of the District Command for Natural Disaster Prevention and Search and Rescue, which also serves as the Civil Defense Command, operating on a concurrent basis; it is subject to the direction of the Provincial Civil Defense Command; it directs and organizes the construction of civil defense positions and activities at its own level and subordinate levels under its jurisdiction.

2. Members of the Civil Defense Command of the District include:

a) Commander: Chairman of the People's Committee of the District;

b) Deputy Chairmen:

One Vice-Chairman of the People's Committee of the District serving as the Permanent Deputy Commander;

Commander of the District Military Command;

Chief of the District Public Security Department.

c) Members include leaders of relevant agencies and units involved in civil defense work in the locality, and the Border Guard Post Commander (if any).

3. The District Military Agency is the permanent office of the Civil Defense Command of the District.

4. Tasks of the Civil Defense Command of the District:

a) Assist the People's Committee of the District in advising on the implementation of civil defense tasks within the managed area;

b) Develop civil defense plans for the district; guide departments, agencies, and units in implementing civil defense plans;

c) Command and organize civil defense, disaster response, and search and rescue operations within the district;

d) Supervise and urge agencies and units in the district to implement civil defense tasks.

Article 25. Organization, Duties of the Civil Defense Command at the Commune Level

1. To improve the organization, supplement functions, duties, and working relationships of the Natural Disaster Prevention and Search and Rescue Command at the commune level, which concurrently serves as the Civil Defense Command, operating on a part-time basis; it shall be subject to the direction of the Civil Defense Command at the district level.

2. Members of the Civil Defense Command at the commune level include:

a) Chairperson: Chairman of the People's Committee at the commune level;

b) Deputy Chairmen:

One Vice-Chairman of the People's Committee at the commune level serving as Deputy Chairperson in charge;

Head of the Military Service Command at the commune level;

Chief of Public Security at the commune level.

3. The Civil Defense Command at the commune level shall utilize some specialized staff from the People's Committee at the commune level to form a permanent office.

4. Duties of the Civil Defense Command at the commune level:

a) To advise and assist the People's Committee at the commune level in performing civil defense tasks, disaster response, and search and rescue within its jurisdiction;

b) To disseminate directives and command information for civil defense from various levels to the community;

c) To develop local civil defense plans;

d) To command and organize civil defense activities within the commune;

e) To inspect and urge organizations and individuals in the locality to fulfill their civil defense responsibilities.

Article 26. Organization of Civil Defense Forces

1. Civil defense forces consist of:

a) Core forces including: Self-defense Militia; Public Security units at the commune, ward, and town levels; specialized or concurrent forces of the People's Army, Public Security, and central and local ministries and agencies;

b) Widespread forces comprising the general public.

2. Organization of civil defense forces at central ministries and agencies

a) Specialized forces:

The Rescue and Salvage Bureau; National Center for Air Search and Rescue Training; National Center for Maritime Search and Rescue Training; National Center for Emergency Response, Disaster Preparedness, and Search and Rescue Training; Northern Region Oil Spill Response Center; Central Region Oil Spill Response Center; Search and Rescue Dog Training Center under the Ministry of National Defense.

Units with fire prevention, firefighting, and rescue and salvage functions under the Ministry of Public Security.

Vietnam Maritime Search and Rescue Coordination Center under the Vietnam Maritime Administration and regional centers; Vietnam Air Traffic Control Search and Rescue Coordination Center under the Vietnam Air Traffic Management Corporation; Urgent Cooperation Centers of Vietnamese Airports under the Ministry of Transport.

Southern Region Oil Spill Response Center/Vietnam Oil and Gas Group; Mine Rescue Center/Vietnam Coal-Mineral Industries Group under the Ministry of Industry and Trade.

General Department of Disaster Prevention and Control, General Department of Forestry, General Department of Fisheries under the Ministry of Agriculture and Rural Development.

b) Concurrent forces:

Military Service Commands of agencies and organizations and self-defense forces under their authority.

Search and Rescue Coordination Stations (Cô Tô/Quảng Ninh, Bạch Long Vĩ/Hải Phòng, Cồn Cỏ/Quảng Trị, Lý Sơn/Quảng Ngãi, Trường Sa/Khánh Hòa, Phú Quý/Bình Thuận, Côn Đảo/Bà Rịa - Vũng Tàu, Thổ Chu/Kiên Giang, Hòn Khoai/Cà Mau, Song Tử Tây/Khánh Hòa); Regional Chemical, Biological, Radiological, and Nuclear Incident Response Centers; Humanitarian Assistance and Disaster Relief Teams (Collapse Rescue Team, Environmental Remediation Team, Disaster Medical Assistance Team, Search and Rescue Dog Team, Marine Search and Rescue Team); Engineering Search and Rescue Battalions; Chemical, Biological, Radiological, and Nuclear Incident Response Teams; Air Search and Rescue Teams; Mobile Communication Teams for Disaster and Catastrophe Response; Units of Military Regions, Corpses, Border Guard, Coast Guard, Hanoi Capital Command, Command for Protecting Ho Chi Minh Mausoleum, Arms Services, Armies, Academies, Schools, and General Departments under the Ministry of National Defense.

Units of traffic police and mobile police forces; Search and Rescue Dog Training Center under the Ministry of Public Security.

115 Emergency Center, emergency departments of hospitals, combined military-civilian medical facilities under the Ministry of Health.

Agencies and units cooperating and volunteering: Red Cross Society; non-governmental organizations, social organizations, volunteers.

3. Organization of civil defense forces at provincial and district levels

a) Specialized forces: Units under provincial and district-level military and public security agencies; military and public security units directly subordinate to the Ministry of National Defense and Ministry of Public Security stationed in the area;

b) Concurrent forces of agencies and units designated by provincial and district-level People's Committees, including mobile teams: Collapse Rescue; Medical Aid and Evacuation; Construction and Repair of Damaged Structures; Transportation, Electricity, and Water Supply Assurance; Disease Prevention and Environmental Sanitation; Decontamination; Flood Defense.

4. Organization of civil defense forces at commune level and agencies and organizations

a) Specialized forces: Military Service Command, Public Security at the commune, ward, and town levels;

b) Concurrent forces designated by commune-level People's Committees and agencies and organizations, including local teams of Self-defense Militia and the general public, including Teams: Notification and Alarm; Collapse Rescue; Medical Aid and Evacuation; Chemical Defense; Logistics and Technical Support; Underground Shelter Construction, Concealment, Dummy Forces, False Targets; Assistance to the People and Production Facilities in Evacuation and Protection of Evacuation Areas; Transportation, Electricity, and Water Supply Assurance; Environmental Sanitation.

5. Tasks of civil defense forces at central ministries and agencies and localities are defined by the heads of these ministries and agencies and localities.

Section 2

CIVIL DEFENSE OPERATING MECHANISM

Article 27. Directing Civil Defense Activities

1. The Prime Minister directs civil defense activities throughout the country.

2. The Minister of National Defense assists the Prime Minister in directing civil defense activities within the assigned fields.

a) Directs the Military Region Commanders, Service Branch Commanders, and the Hanoi Capital Military Command to advise the Ministry of National Defense on civil defense tasks that meet national defense situations.

b) The Military Region Commanders direct the provincial military offices to advise the provincial People's Committees on implementing civil defense tasks that meet national defense situations.

3. Ministers and Heads of ministerial-level agencies and government agencies direct and manage civil defense activities for their subordinate agencies and units, and guide the implementation of civil defense within their respective sectors nationwide.

4. Chairpersons of People's Committees at all levels, within their duties and authorities, direct and organize the implementation of civil defense activities in their localities in accordance with the law.

Article 28. Commanding Civil Defense Activities

1. When performing civil defense tasks in localities, commanders of military units directly command forces under their jurisdiction under the direction of the Ministry of National Defense, Military Regions, and in coordination with local military offices at all levels.

2. Commanders of provincial, district, and commune military offices directly command forces under their jurisdiction under the management of the Chairperson of the same level People's Committee. Commanders of military advisory boards of agencies and organizations directly command self-defense forces under the management of the heads of those agencies and organizations. Mobilize and command Self-Defense Militia to perform civil defense tasks according to the law on Self-Defense Militia.

3. The organization of commanding forces to perform civil defense tasks of central ministries and sectors shall be stipulated by the heads of those ministries and sectors.

Article 29. Mobilizing Forces and Means to Participate in Civil Defense Activities

1. The Ministry of National Defense decides to mobilize military forces and Self-Defense Militia, materials, equipment, and means under its management, and decides on human resources, materials, and means according to the Law on National Defense and the Law on Self-Defense Militia to carry out tasks of preventing, combating, and mitigating the consequences of war.

2. The heads of central ministries and sectors decide to mobilize forces, materials, equipment, and means to perform civil defense tasks within their authority and assigned fields.

3. Chairpersons of People's Committees at all levels decide to mobilize forces from various departments, mass organizations, and the people, and types of materials, equipment, and means of the locality within their authority. Organize coordination among forces under their jurisdiction and supporting forces to unify plans for using forces, prepare necessary materials, equipment, and means to perform civil defense tasks in the managed local area.

4. Means and assets mobilized for civil defense must be returned immediately after the end of response, search and rescue, and disaster mitigation and war aftermath; in cases of loss or damage, compensation shall be provided according to the Law on Purchase and Seizure of Assets.

 

Section 3

CIVIL DEFENSE MEASURES

Article 30. Measures to Mitigate the Consequences of War

1. Before War

a) From peacetime construction: Training to enhance awareness, knowledge, and understanding of war prevention and defense for agencies, units, and the people;

b) Building shelters, underground facilities, and improving caves and grottos;

c) Developing plans to evacuate people and production bases from key areas under attack and ensuring plans to implement effective preventive measures; organizing annual training and drills as prescribed.

2. During War

a) Creating false targets to deceive the enemy into attacking low-value targets;

b) Continuing to build and supplement hiding places, underground facilities, and defensive structures combined with camouflage and feigned targets;

c) Deploying civilian air surveillance, warning, and alarm systems at all levels to promptly detect enemy aircraft and organize warnings and alarms for defense forces;

d) Organizing evacuation and dispersion of personnel and assets of agencies, units, and the people from enemy target zones;

đ) Storing equipment and supplies in underground facilities, caves, and grottos for concealment and preservation;

e) Stockpiling personal food, water, and other necessities;

g) Limiting light and noise emissions, temporarily suspending communications during nighttime;

h) Military agencies and self-defense forces organizing protection and counterattacks on assigned targets using measures to neutralize large-scale enemy weapons;

i) Promptly mobilizing forces and means at all levels to implement emergency measures, timely rescue operations, and evacuation from disaster zones;

3. Mitigating the Consequences of War Disasters

a) Organizing rescue teams, medical transport, treatment of injured and poisoned individuals; decontaminating affected objects; sterilizing water; implementing isolation and biological agent control measures in contaminated areas;

b) Assessing damage, support needs, and repairs for damaged infrastructure; ensuring security and disease prevention;

c) Restoring environmental damage, quickly resuming production, effectively implementing social policies, ensuring living standards for the people, and maintaining societal activities.

Article 31. Measures to Mitigate Disaster Consequences

1. Developing plans and implementing upstream forest planting, coastal buffer zones, riverbank sandbars, mangrove restoration, acid sulfate swamp forests, and ecological forests; implementing pollution control measures and protecting river and marine ecosystems; strictly managing natural forests; implementing fire prevention measures as prescribed by forestry laws.

2. Planning and implementing civil defense defense systems. Improving disaster prevention and search and rescue organizations at all levels; strengthening early warning, alert, and alarm systems to ensure uninterrupted information flow to residents in hazardous areas on land and sea.

3. Plains, cities, mountainous regions; border, maritime, and island areas closely coordinating with main force troops, local troops, border guards, navy, air force, coast guard, fisheries inspection, police stationed in the area; organizing forces and means to be ready to respond to emergencies, disasters, search and rescue operations. Vessel owners operating in the sea must comply with inspection regulations and equip civil defense means to ensure safety in disaster situations.

4. Regions downstream, coastal areas developing evacuation plans for people and means to respond to national-level dam and hydropower reservoir breaches, earthquakes, tsunamis, strong typhoons, and super typhoons; annually organizing training and drills as prescribed.

5. Implementing inspection, detection, and prompt handling of disaster risks. Areas frequently flooded, inundated, eroded by seawater, rivers, earthquakes, and forest fires; industrial, export processing zone, enterprise, and hospital waste causing pollution must have response plans and mitigation measures as prescribed by law.

6. Central ministries, local authorities, agencies, and organizations having plans and measures to prevent and respond to chemical, radiation, nuclear, and harmful biological incidents, and environmental accidents according to law and related ministry guidelines.

7. Preparing forces, means, materials, medicines, chemicals, and plans to respond to mass casualties caused by disasters.

8. When there is a warning, notification, or alarm of a potential disaster, heads of ministries, departments, and People's Committees at all levels shall implement:

a) Establishing and maintaining the operation of civil defense headquarters at all levels as decided by competent authorities;

b) Immediately deploying urgent measures to protect the people, agencies, organizations, economic and social activities, national defense, and security; inspecting disaster prevention facilities for immediate use if necessary;

c) Directing and commanding forces, means, specialized equipment, and materials within their management scope to prepare for handling situations and mitigating disaster consequences according to civil defense plans;

d) Implementing special measures when a state of emergency occurs as prescribed by law.

Article 32. Measures when a disaster occurs

1. Evacuate the people, disperse state and people's assets to safe areas; ensure personal protective equipment, food, drinking water, and essential living supplies for people in the disaster-affected area.

2. Monitor, scout, promptly detect, mark, isolate, decontaminate, de-radiate, and sterilize people, equipment, and means in areas contaminated with radiation, biological, and chemical hazards.

3. Central and local functional agencies create favorable conditions for mobile forces and means to quickly reach the scene to promptly implement emergency measures and respond to disasters.

4. Provide first aid and transfer victims to the nearest medical facilities.

5. Supply fuel, food, medical supplies, and other necessary materials to disaster-stricken areas; promptly provide relief and ensure the livelihood and daily life of the people in regions cut off due to disasters.

6. All levels and sectors implement emergency measures, quickly mitigate disaster consequences, stabilize political and social situations, and the lives of the people.

7. Ensure public security and order; prevent and control diseases, maintain environmental hygiene in disaster-affected areas.

8. When there is international support for disaster response and search and rescue operations: The Ministry of National Defense shall take the lead or coordinate with the Ministries of Public Security, Transport, Foreign Affairs, and Finance to direct relevant agencies under their jurisdiction to handle entry and exit procedures, import and export:

a) For persons permitted to enter Vietnam, priority entry and exit procedures at air, sea, and land ports of entry; in cases where visas have not been obtained, issue visas at the port of entry;

b) Means, equipment, and goods permitted to be imported and re-exported after completing disaster response and search and rescue operations shall be given priority for clearance procedures at air, sea, and land ports of entry;

c) Receive, coordinate, deploy, and arrange foreign forces participating in humanitarian assistance and disaster relief operations as quickly as possible, ensuring safety.

Article 33. Measures to protect the people before, during, and after disasters and wars

1. Proactively prevent and prepare personal protective equipment; promptly announce, sound alarms, guide, disperse, and evacuate the people to safe areas with less danger.

2. Rescue, search, and salvage people and means affected by disasters.

3. Promptly provide relief and ensure living conditions, food, and hygiene for the people in regions cut off due to disasters.

4. Warn unauthorized persons and means from entering disaster-affected areas.

5. Protect public security and order in disaster-affected areas and evacuation sites.

6. Decontaminate, de-radiate, sterilize, mitigate environmental pollution consequences, prevent and control diseases, stabilize people's livelihoods, restore and develop production.

7. Actions of the people:

a) Comply with announcements, alarms, and follow the guidance of civil defense authorities and civil defense forces;

b) Personal protective means and equipment prepared in advance shall be used upon alarm or guidance from civil defense forces;

c) Self-rescue or assist others in initial decontamination, de-radiation, and sterilization;

d) Strictly comply with evacuation, hiding orders, and only leave positions upon receiving safe signals from authorized authorities.

8. Implement special measures in case of emergencies as prescribed by laws on emergency situations.

Article 34. Measures to protect agencies, organizations, and the national economy during and after disasters and wars

1. Direct and manage the implementation of civil defense measures according to plans and directives from the civil defense authority at the same level.

2. Mobilize forces and means to evacuate people, materials, equipment, and means of the agency and organization to safe areas with less danger; implement camouflage, shielding measures, ensuring security and public order at the evacuation location.

3. Mitigate consequences, quickly restore production and work.

4. Civil defense forces implement measures

a) Deploy and install safety equipment for facilities to prevent their use; distribute personal protective equipment;

b) Announce warnings, guide officials, civil servants, employees to comply with regulations on sheltering and using preventive facilities;

c) Organize and guide officials, civil servants, employees to evacuate when ordered; firefighting, rescue, search and rescue, chemical forces are ready for duty;

d) Organize medical treatment and burial of dead persons and animals; disinfect, detoxify, and control epidemics; guide officials, civil servants, employees to implement epidemic prevention measures;

đ) Implement measures to ensure public security, food safety, environmental protection, reconnaissance, detection, marking, isolation, detoxification, decontamination, sterilization for people, means, and facilities contaminated by radioactive, chemical, and biological agents isolated from disaster areas.

5. Implement special measures when there is an emergency situation as prescribed by laws on emergency situations.

 

Section 4

REGIME AND POLICY FOR PARTICIPANTS

IN CIVIL DEFENSE

Article 35. Wage and remuneration regime for those mobilized for training, drills, and civil defense duties

1. Persons not receiving wages from the state budget during the period they are mobilized for training, drills, and civil defense duties according to the decision of the competent authority shall enjoy the following benefits:

a) For those mobilized for civil defense training and drills: The daily subsidy rate mobilized is at least 0.04 times the basic wage level as decided by the Government at that time (referred to as the basic wage level);

b) For those mobilized for civil defense duties: The daily subsidy rate mobilized is at least 0.1 times the basic wage level. In cases involving direct contact with radioactive substances, biological agents, or toxic chemicals, the minimum subsidy rate is 0.15 times the basic wage level;

c) If training, drills, and civil defense duties are conducted at night (from 22:00 the previous day to 06:00 the next day), the subsidy rate is doubled compared to the rates specified in points a and b of Clause 1 of this Article; for duties performed in hazardous or toxic environments, they are provided with physical support according to current laws;

d) When concentrated training, drills, and civil defense duties are conducted far from the place of residence without daily return conditions, accommodation, rest places, transportation means, travel expenses, or round-trip train ticket reimbursement according to the Ministry of Finance's regulations are arranged; they are supported with meal allowances at levels set by the provincial People's Committee but not lower than the basic meal allowance of infantry soldiers in the Vietnam People's Army;

đ) The entity mobilizing ensures payment.

2. Persons receiving wages from the state budget during the period they are mobilized for training, drills, and civil defense duties according to the decision of the competent authority shall be paid full wages, welfare benefits, travel allowances, and train ticket fees by the agency or organization where they work. When working in a toxic environment or area with regional allowances, they shall enjoy current benefits.

In the case of contractual workers participating in training, drills, and civil defense duties, their labor contracts may be temporarily suspended, and they shall enjoy wage and allowance benefits as stipulated.

Costs for the above items are included in the regular operating budget of the agency or unit.

3. For workers employed by enterprises and organizations not receiving wages from the state budget, during the period they are mobilized for training, drills, and civil defense duties according to the decision of the competent authority, the mobilizing agency shall pay wages and other benefits as stipulated in Clause 1 of this Article.

The budget guarantee is calculated as part of production and business management costs by units and enterprises.

4. Cadres and self-defense militia and village police mobilized for training, drills, and civil defense duties according to the decision of the competent authority shall enjoy benefits as prescribed by law.

Article 36. Regulations and policies for civil defense forces suffering from illness, accidents, or death

1. Participants in civil defense forces (including workers in units and enterprises not receiving state budget salaries) who are insured under social insurance and health insurance (SIS, HI) shall be entitled to sickness, work injury, and survivor benefits as prescribed by labor laws, SIS, HI, and occupational safety and health regulations if they fall ill, suffer an accident, or die during concentrated training periods (the period starts from the moment they are mobilized and begin their tasks until they complete them and return to their place of residence, or from the moment they are mobilized and begin their tasks until they suffer a work injury or death).

In cases where illness or accidents result from the use of stimulants that harm health or the use of illegal drugs or addictive substances, such individuals will not be entitled to the benefits stipulated in Clause 1 of this Article.

2. Responsibilities of direct commanders and agencies or organizations issuing mobilization decisions when accidents occur while performing civil defense duties:

a) Provide immediate first aid on-site for those injured, then promptly transfer them to the nearest medical facility;

b) Record detailed incident reports, including the victim's injuries, extent of damage, cause of the accident, and signatures of representatives of the collective of officers and staff participating in training or performing tasks. If the accident occurs during travel to or from the duty location, the report must also bear the seal and signature of local government representatives at the accident site.

3. Regulations and policies for participants in civil defense forces who are not insured under SIS and HI and suffer from illness, accidents, or death shall be entitled to the following benefits:

a) Illness:

During the mobilization and training period, they shall be reimbursed for medical examination and treatment expenses as prescribed for those contributing to SIS;

After the mobilization period ends, if treatment continues beyond the initial period due to ongoing illness, they shall be reimbursed 50% of the additional treatment costs for the first 15 days and 30% of the subsequent 15 days, with a total benefit period not exceeding 30 days.

b) Accident:

They shall be reimbursed for medical expenses incurred during first aid and emergency care until stable recovery and hospital discharge;

Following treatment, the agency responsible for mobilization shall establish a file to refer the individual for a disability assessment by the local medical evaluation board to determine the degree of reduced work capacity;

If the reduction in work capacity is 5% or more, the case shall be referred to the local Labor, Invalids, and Social Affairs Office for compensation equal to five times the minimum wage level, with an additional half of the minimum wage level for each additional 1% reduction in work capacity;

Individuals who lose one or more body parts or functions, resulting in reduced work capacity and significant difficulties in working, living, or studying, shall be entitled to preferential benefits as prescribed by law for persons with disabilities, handled by the local Labor, Invalids, and Social Affairs Office.

c) Death:

If death occurs during treatment, the individual's survivors shall be entitled to survivor benefits and funeral expenses as prescribed for those contributing to SIS;

If death results from the recurrence of an injury, the person handling the funeral shall be entitled to funeral expenses equivalent to ten times the minimum wage level.

4. Funding for benefits in cases of illness, accident, or death:

a) For those not insured under SIS and HI, funding shall be provided by the state budget;

b) For those insured under SIS and HI, medical examination and treatment costs shall be covered by the HI fund; for those insured under SIS, survivor benefits and lump-sum or monthly allowances shall be covered by the SIS fund.

5. Officers, soldiers, and self-defense militia members performing civil defense duties according to authorized decisions who suffer accidents shall be entitled to benefits as prescribed by law for the self-defense militia.

Article 37. Treatment and policies for civilian defense forces that are injured or sacrificed

Those who are mobilized to participate in civilian defense forces and are injured or sacrificed during the performance of their duties, if they meet the required conditions, shall be considered for recognition as martyrs, wounded veterans, or persons entitled to benefits equivalent to those provided to wounded veterans, in accordance with the laws on preferential treatment for persons contributing to the revolution.

 

Section 5

SOURCES OF THE BUDGET AND CONTENTS OF BUDGET EXPENDITURE FOR CIVILIAN DEFENSE ACTIVITIES

Article 38. Budget guaranteeing civilian defense activities

1. Sources of funding guaranteed

a) The state budget guarantees funding for agencies and units engaged in civilian defense activities that fall under the scope covered by the state budget;

b) The budget for civilian defense at enterprises can be deducted from taxable income if it meets the following conditions: Expenditure according to the contents specified in Article 40 of this Decree; expenditure supported by invoices and other documents as prescribed by law;

c) Other lawful revenues as stipulated.

2. Preparation, execution, and settlement of the budget and funding

a) The preparation of budgets and the settlement of accounts for agencies and units falling under the scope covered by the state budget shall be carried out in accordance with the State Budget Law and related guiding documents;

b) For the remaining cases, the preparation of budgets and the settlement of accounts shall be conducted in accordance with the current financial accounting regulations applicable to such units.

Article 39. Contents of budget expenditure for civilian defense activities

1. Development expenditure

a) Expenditure for constructing infrastructure projects, shelters in evacuation areas, reception stations, warehouses serving civilian defense activities managed by ministries, sectors, and localities;

b) Expenditure for constructing key civilian defense projects;

c) Expenditure for implementing production projects, purchasing equipment and supplies for civilian defense activities managed by ministries, sectors, and localities.

2. Recurrent expenditure

a) Expenditure for salaries, policies, allowances, and contributions based on salaries;

b) Expenditure for maintaining the operation of civilian defense standby equipment;

c) Expenditure for training, drills, and exercises in civilian defense;

d) Expenditure for education and scientific research;

đ) Expenditure for regular procurement and storage of materials and equipment needed for specialized tasks in civilian defense activities;

e) Expenditure for routine maintenance, preservation, and transportation of civilian defense equipment and facilities;

g) Expenditure for maintenance and repair of civilian defense structures;

h) Expenditure for routine maintenance of headquarters buildings, ports, warehouses, training fields, infrastructure structures, and working equipment;

i) Expenditure for registration, inspection, insurance, and compensation for damage to equipment and facilities serving civilian defense;

k) Expenditure for international cooperation; information dissemination, communication; travel expenses; conferences; inspections, reviews, summaries, commendations regarding civilian defense.

3. Expenditure for urgent tasks arising within the year for civilian defense activities

a) Costs of raw materials, means, and equipment supplied for urgent civilian defense tasks;

b) Additional food costs and allowances for personnel participating in civilian defense;

c) Costs for emergency medical care and health support for personnel participating in civilian defense;

d) Rental costs and repair expenses for means of transport (if damaged due to external causes) mobilized for civilian defense upon orders from competent authorities;

đ) Payment to organizations, individuals, and owners of means of transport involved in rescue operations but at risk due to natural disasters, catastrophes, or war;

e) Other costs directly related to civilian defense.

4. Guidelines for the purchase and allocation of means of transport, materials, and construction of civilian defense structures, led by the Ministry of National Defense in coordination with the Ministry of Planning and Investment, the Ministry of Finance, and relevant agencies.

5. Development expenditure, recurrent expenditure, and expenditure for urgent tasks arising within the year for civilian defense shall be implemented in accordance with the Public Investment Law and the State Budget Law.

 

Chapter IV

RESPONSIBILITIES OF AGENCIES AND ORGANIZATIONS IN CIVILIAN DEFENSE ACTIVITIES

ORGANIZATION IN CIVIL DEFENSE ACTIVITIES

Article 40. Responsibilities of agencies and organizations

1. The Ministry of National Defense

a) Take the lead and coordinate with relevant ministries and sectors to issue regulations on civil defense within their authority or submit them for approval by competent authorities, and direct their implementation; guide the implementation of this Decree;

b) Ensure conditions for the operation of the National Civil Defense Steering Committee and its organizational structure to organize the implementation of tasks assigned to the National Civil Defense Steering Committee;

c) Take the lead and coordinate with the Ministry of Planning and Investment, the Ministry of Finance, and central and local ministries and sectors to develop the national strategy and plan for civil defense, ensuring budget and means for implementing civil defense tasks within the assigned scope nationwide; review plans submitted by central ministries and sectors, provinces, and centrally-administered cities for approval by the Prime Minister, aiming to complete by 2020. From 2021 onwards, implement these plans;

d) Take the lead and coordinate with the Ministry of Education and Training, the Ministry of Labor, Invalids and Social Affairs, and related central ministries and sectors to develop programs and contents for education, training, drills, and knowledge enhancement on civil defense for core forces, cadres, party members, civil servants, students, and the general public within the assigned scope;

đ) Direct Military Zones: Guide local military offices at all levels, which serve as standing bodies, to proactively advise provincial People's Committees on civil defense work within the assigned scope;

e) Take the lead and coordinate with central ministries and sectors to direct the construction of facilities for war prevention, disaster response, search and rescue operations; command and control forces under their jurisdiction when there is war, disaster response, search and rescue operations, and post-disaster recovery;

g) Take the lead and coordinate with the Ministry of Construction and related central ministries and sectors to review plans for constructing facilities that meet civil defense requirements;

h) Organize research, dissemination, and application of scientific and technological advancements in civil defense;

i) Implement the role of the focal point for international cooperation in disaster response and search and rescue. Submit to the Government proposals for joining international organizations, signing or participating in international treaties on civil defense activities; carry out international activities related to civil defense within their authority;

k) Assist the Prime Minister in organizing statistics, inspections, audits, mid-term reviews, final evaluations, and commendations for civil defense work within the assigned scope;

2. Ministry of Public Security

a) Issue regulations within their authority or submit them for approval by competent authorities and direct their implementation regarding security and social order assurance in civil defense;

b) Take the lead and coordinate with related central ministries and sectors and local authorities to develop plans and organize the implementation of tasks to ensure political security and social order in areas affected by disasters, accidents, natural calamities, and epidemics;

c) Direct the Public Security Force to develop civil defense plans; coordinate with armed forces and related units to organize forces and means ready for disaster response and search and rescue operations as prescribed;

d) Lead the study of hostile forces' plots and methods exploiting disasters and accidents to incite opposition; exchange information with central ministries and sectors, localities to raise public awareness and preventive measures;

3. The Ministry of Health

a) Direct, inspect, supervise localities and subordinate units to strictly implement the Government's directives on building and training mobilized health forces;

b) Coordinate with the Ministry of National Defense to plan and strengthen the capacity of border, maritime, and island medical facilities; enhance the civil defense healthcare system;

c) Coordinate with the Ministry of Finance to issue mechanisms for paying medical examination and treatment costs, environmental management, and handling of highly dangerous diseases during disasters;

d) Coordinate with the Ministry of Planning and Investment to propose investment policies for border, maritime, and island medical facilities according to regulations;

4. The Ministry of Agriculture and Rural Development

a) Take the lead and coordinate with central ministries and sectors, localities to fully implement measures to mitigate the consequences of natural disasters as prescribed by laws on disaster prevention and control;

b) Coordinate with central ministries and sectors, localities to develop plans and ensure agricultural, forestry, fishery, salt industry security, and rural development to meet civil defense requirements;

5. The Ministry of Natural Resources and Environment

a) Submit to the Government and the Prime Minister for issuance or issue within their authority regulations on post-disaster environmental remediation. Direct and coordinate the organization of inspections, identification of environmentally polluted areas across provinces and countries, guide damage assessment and organization of environmental remediation and environmental degradation;

b) Take the lead and coordinate with the Ministry of National Defense, the Ministry of Information and Communications, and related central ministries and sectors to build research centers and systems for forecasting and warning natural and environmental disasters related to civil defense;

6. The Ministry of Planning and Investment

Take the lead and coordinate with the Ministry of National Defense, the Ministry of Finance, and related central ministries and sectors to review projects according to the Law on Public Investment and guiding documents, ensuring the combination of economic and social development with civil defense requirements in peacetime and wartime; balance the annual state budget for development investment to ensure central ministries and sectors, localities can fulfill civil defense tasks.

7. The Ministry of Finance

a) Issue or submit to competent authorities for issuance legal documents on management and utilization of the budget for implementing civil defense work; coordinate with central ministries, agencies, and localities concerned to ensure the budget for performing civil defense tasks;

b) Organize the implementation of national reserve plans assigned by the Prime Minister, review and submit to the Prime Minister for timely decision on the release of national reserve goods to serve civil defense work when authorized;

8. The Ministry of Transport

a) Take the lead and coordinate with the Ministry of National Defense, relevant central ministries, and provincial People's Committees to develop and implement plans and schemes on the use of transportation infrastructure, equipment, means, and materials within their jurisdiction to perform civil defense tasks. In case of disaster or war, direct and manage subordinate units to organize evacuation forces and search and rescue operations according to the directives of the National Civil Defense Steering Committee;

b) Coordinate with the Ministry of National Defense and the Ministry of Foreign Affairs to direct the maritime and aviation sectors in granting permits and coordinating with foreign forces and means in search and rescue operations during disasters;

9. The Ministry of Construction

a) Take the lead and coordinate with relevant central ministries to issue guiding documents on construction standards and regulations for projects and underground structures of high-rise buildings in accordance with civil defense requirements;

b) Direct enterprises under its authority to cooperate with localities in organizing response teams to mitigate disaster and war consequences;

c) Coordinate with the Ministry of National Defense and the Ministry of Planning and Investment to review planning and development projects that integrate civil defense works at each level and locality to meet civil defense requirements as stipulated by law;

10. The Ministry of Information and Communications

a) Take the lead and coordinate with relevant central ministries to unify regulations on emergency frequencies, establish plans to ensure priority use of communication means to serve directives and management in civil defense areas;

b) Coordinate with the Ministry of National Defense and the Ministry of Natural Resources and Environment to build communication networks between observation stations, research centers, and civil defense offices at all levels as prescribed;

c) Coordinate with the Ministry of Public Security to publicize among the people awareness and vigilance against hostile forces' plots and methods exploiting disasters and incidents to incite opposition;

d) Direct subordinate agencies and postal and telecommunications enterprises to mobilize resources to ensure cybersecurity and communication services for civil defense tasks; utilize mass media to conduct civil defense education and propaganda for the entire population as prescribed;

11. The Ministry of Industry and Trade

a) Strictly manage nuclear power production, mineral exploitation, hazardous chemicals, and industrial explosives to minimize disaster risks in the industry sector; strictly control the import and export of hazardous chemicals;

b) Take the lead and coordinate with relevant central ministries to guide and instruct handling of explosions and collapses in facilities producing and extracting nuclear power, coal, oil, chemicals, and industrial explosives;

c) Coordinate with the Ministry of Planning and Investment to build plans for energy reserves to maintain national defense, security, economic, and social activities and serve civil defense tasks;

d) Stabilize market prices and ensure essential goods for the people in disaster-stricken areas and during wartime;

12. The Ministry of Labor, Invalids, and Social Affairs

a) Direct and guide subordinate agencies to incorporate legal provisions on civil defense into legal education programs for civil servants, educators, and students in vocational education;

b) Coordinate with the Ministry of National Defense to guide policies and benefits for civil defense forces during training, exercises, and civil defense missions;

13. The Ministry of Foreign Affairs

a) Direct subordinate agencies, diplomatic missions, and consular offices abroad to coordinate with countries and international organizations in search and rescue operations for Vietnamese individuals and means encountering accidents in foreign waters and international waters, including maritime and air search and rescue zones;

b) Take the lead and coordinate with relevant central ministries through diplomatic channels to request foreign authorities' assistance in organizing search and rescue operations for Vietnamese victims; handle necessary procedures and resolve arising issues to repatriate individuals and means;

c) Coordinate and guide search and rescue operations for foreign individuals and means encountering disasters on Vietnamese territory;

d) Guide central ministries, localities, and functional forces to continuously enhance international cooperation to fully leverage the strength of the entire political system and society in civil defense;

14. The Ministry of Education and Training

a) Direct and guide subordinate agencies and educational institutions to incorporate legal provisions on civil defense into legal education programs for civil servants, educators, and students in general education, higher education, continuing education, teacher colleges, and teacher colleges;

b) Coordinate with the Ministry of National Defense and other central ministries and localities to build and organize training for human resources to perform civil defense tasks;

15. Other central ministries, agencies, and organizations

a) Coordinate with the Ministry of National Defense, relevant central ministries, and related agencies to issue and submit to competent authorities legal documents on civil defense within their assigned fields.

b) Organize propaganda and education for cadres, civil servants, public officials, and workers under their authority on the contents and measures of civil defense;

c) Develop plans for civil defense of ministries, sectors, agencies, and organizations to be reviewed by the Ministry of National Defense and submitted to the Prime Minister for approval;

d) Direct agencies and units under their authority to implement plans and measures for civil defense within their assigned areas. At the same time, promptly organize forces and means to perform civil defense tasks according to orders from competent authorities;

đ) Coordinate with the Ministry of National Defense to conduct inspections, examinations, interim reviews, and final summaries of the implementation of civil defense work;

Article 41. Responsibilities of People's Committees at all levels

1. Provincial and district-level People's Committees within their respective duties and powers shall have the responsibility:

a) To issue guiding documents on civil defense at the local level within their authority; direct the organization to thoroughly understand and implement civil defense tasks;

b) Direct education, propaganda, and mobilization of cadres, civil servants, public officials, workers, and people to participate in civil defense; raise awareness among various strata of the local population, especially in remote areas, about the risks and methods to prevent natural disasters to minimize damage to the people;

c) Allocate budgets for civil defense activities and invest in equipping civil defense means;

d) Direct the development of civil defense plans, plans for building civil defense positions at the local level, and the implementation of these plans. Mobilize forces, means, and materials from the locality and central agencies operating in the locality to perform civil defense tasks according to the directives of higher-level civil defense agencies;

đ) Direct the organization to build forces, train, and conduct civil defense exercises for subordinate forces;

e) Organize subordinate forces to implement measures to prevent, combat, and mitigate disaster consequences, protect the people when there is war;

g) Propose to higher-level civil defense agencies to mobilize forces and means from central ministries, sectors, and other localities to cooperate in implementing civil defense measures when beyond their own response capacity;

h) Implement systems and policies to ensure civil defense work;

i) Direct and implement inspection, examination, interim review, summary, reporting, and rewarding of civil defense work at the local level;

k) Statistics and report to higher-level People's Committees, the Government, and the Ministry of National Defense on civil defense;

2. Commune-level People's Committees within their respective duties and powers shall have the responsibility:

a) To implement legal provisions on civil defense at the local level; ensure safe conditions for civil defense;

b) Organize propaganda, guidance, and education on civil defense laws and knowledge for teams performing civil defense tasks; build mass movements for civil defense;

c) Ensure budgets for civil defense activities; equip civil defense means;

d) Develop civil defense plans for the locality, report to higher-level People's Committees for consolidation, direction, and implementation of plans and mobilization schemes for forces, means, and materials from the locality and central agencies operating in the locality to perform civil defense tasks according to the directives of the Civil Defense Command Board at the district level;

đ) Organize the building of forces, training, and conducting civil defense exercises as prescribed; implement measures to prevent, combat, and mitigate disaster consequences, protect the people when there is war;

e) Propose to the Civil Defense Command Board at the district level to mobilize forces and means from other agencies and organizations to cooperate in implementing civil defense measures when beyond their own response capacity;

g) Implement systems and policies to ensure civil defense work;

h) Implement inspection, interim review, summary, reporting, and rewarding of civil defense work at the local level;

i) Statistics and report to the district-level People's Committee on civil defense;

Chapter V

IMPLEMENTING PROVISIONS

Article 42. Effective Date

1. This Decree takes effect from February 16, 2019.

2. This Decree replaces Decree No. 117/2008/NĐ-CP dated November 14, 2008 of the Government on civil defense.

Article 43. Responsibility for Implementation

The Minister of National Defense, Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of People's Committees at all levels, and related agencies and organizations are responsible for implementing this Decree.