Decree No. 03/2011/ND-CP detailing and guiding the implementation of the Law on Red Cross Activities

 DECREE

Detailed regulations and implementation measures for the Law on Red Cross Activities

THE GOVERNMENT

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

Pursuant to the Law on Red Cross Activities dated June 3, 2008;

Considering the proposal of the Minister of Home Affairs,

DECREE:

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Decree provides detailed provisions for Article 17, Clause 2 regarding support from the state budget for red cross activities; Article 18, Clause 1 concerning facilitation and expedited procedures for exit, entry, and customs for individuals, money, and materials serving red cross activities in cases of natural disasters, catastrophes, and dangerous epidemics; Article 22, Clause 4 on the establishment, organization, operation, and management of the Red Cross Activity Fund, and implementation measures for the Law on Red Cross Activities.

2. This Decree applies to Vietnamese organizations and individuals; foreign organizations and individuals, and international organizations participating in red cross activities in Vietnam.

Article 2. Participation in Red Cross Activities by Organizations and Individuals

1. Vietnamese organizations and individuals; foreign organizations and individuals, and international organizations participating in red cross activities at a local level must contact the Provincial Red Cross Society, directly under the Central Government, or the People's Committee of the province, directly under the Central Government, to receive guidance and information about the target groups, areas of need, and methods of organizing red cross activities; when participating in red cross activities across multiple provinces and cities directly under the Central Government, they must contact the Vietnam Red Cross Society to receive guidance and information about the target groups, areas, needs, and coordination in implementation.

2. Foreign organizations and individuals, and international organizations outside Vietnam participating in red cross activities in Vietnam must contact the Vietnam Red Cross Society to receive guidance on procedures, information about the target groups, areas, needs, and coordination in implementation.

3. The Vietnam Red Cross Society is the central point for receiving and coordinating with foreign organizations and individuals, and international organizations to implement international projects, international sponsorships, and other international activities related to red cross activities when such activities are carried out in two or more provinces and cities directly under the Central Government. The Provincial Red Cross Society, directly under the Central Government, is the central point for receiving and implementing red cross activities conducted by foreign organizations and individuals, and international organizations within the provincial or city limits.

Article 3. Policies for Participants in Red Cross Activities

1. Individuals who participate in red cross activities and achieve notable results shall be rewarded according to the legal provisions on competition and commendation.

2. Individuals directly participating in red cross activities who suffer accidents leading to health damage shall be supported:

a) Medical expenses for treatment, recovery of health, and restoration of lost or diminished functions;

b) Actual income losses or reductions; if the income of the individual suffering damage is unstable and cannot be determined, the average income of workers in the same category shall be applied.

3. Individuals directly carrying out red cross activities who courageously save people and property of the State and the people, if they suffer loss of life, shall be considered for recognition as martyrs; if they suffer injuries resulting in a reduction in work capacity of 21% or more, they shall be considered for benefits equivalent to those provided to war invalids; if they suffer injuries resulting in a reduction in work capacity of 5% to less than 21%, they shall receive a one-time allowance according to the Law on Preferential Treatment for Persons Contributing to the Revolution and guiding documents.

4. Sources of funding, procedures, and documentation for benefits when individuals directly participating in red cross activities suffer accidents leading to health damage:

a) Medical expenses for treatment, recovery of health, and restoration of lost or diminished functions:

- In cases where individuals directly participating in red cross activities have joined the health insurance scheme: the Health Insurance Fund will pay according to the provisions of the Health Insurance Law and guiding documents.

- In cases where individuals directly participating in red cross activities have not joined the health insurance scheme: the state budget will support at the level of payment by the Health Insurance Fund. The source of funding will be implemented according to the current classification of the State Budget Law.

b) Support for actual income losses or reductions due to the state budget guaranteeing funds according to the current budget classification.

c) The Ministry of Home Affairs shall coordinate with relevant ministries, sectors, and organizations to stipulate procedures, formalities, documentation, and levels of support for individuals directly participating in red cross activities as specified in Clause 2 of this Article.

Chapter II
SUPPORT AND FACILITATION FOR RED CROSS ACTIVITIES

Article 4. State budget support for Red Cross activities

1. The State Bank shall provide funding to agencies and units when assigned tasks by competent authorities to mobilize, receive, transport, and distribute relief funds and materials in Red Cross activities according to the current state budget management hierarchy, including:

a) Rent for warehouses and docks; costs for receiving and transporting relief goods directly to users;

b) Travel expenses during participation in Red Cross activities as stipulated currently;

c) Other related costs (if any) concerning mobilization, receipt, transportation, and distribution of relief funds and materials.

2. The state budget shall provide funding for the operation of all levels of the Vietnam Red Cross Society in accordance with the State Budget Law and guiding documents.

3. Units assigned tasks to mobilize, receive, transport, and distribute relief funds and materials that are eligible for regular operational funding from the state budget or receive state budget support shall use the annual budget allocation to cover costs as specified in Clause 1 of this Article and current laws. In case of unexpected expenses affecting the unit's regular tasks, they must report to the same-level financial authority for resolution within their jurisdiction or submit to the competent authority for decision.

4. The use and management of state budget support for Red Cross activities shall be carried out in accordance with the State Budget Law.

Article 5. Red Cross Activity Fund

1. The Red Cross activity fund includes:

a) The Red Cross emergency relief fund;

b) The Red Cross humanitarian assistance fund;

c) The Victim of Agent Orange Support Fund;

d) Other Red Cross component funds.

2. The Red Cross activity fund shall be established, organized, operated, and managed in accordance with Decree No. 148/2007/NĐ-CP dated September 25, 2007, of the Government on the organization and operation of social and charitable funds.

Article 6. Priority and facilitation in import and export procedures for medicines, disease prevention and control drugs, and medical equipment in cases of natural disasters, emergencies, and dangerous epidemics.

1. The import and export of medicines, disease prevention and control drugs, and medical equipment in cases of natural disasters, emergencies, and dangerous epidemics shall be carried out in accordance with current laws governing the import and export of goods under urgent requirements.

2. Relevant agencies, organizations, and individuals have the responsibility to create favorable conditions and expedite import and export procedures for medicines, disease prevention and control drugs, and medical equipment serving Red Cross activities in cases of natural disasters, emergencies, and dangerous epidemics, following the guidance of competent state agencies.

Article 7. Customs procedures for imported and exported goods serving Red Cross activities in cases of natural disasters, emergencies, and dangerous epidemics

1. Customs authorities shall handle customs procedures for the import and export of goods serving Red Cross emergency relief activities in accordance with Article 35 of the Customs Law and Decree No. 154/2005/NĐ-CP dated December 15, 2005, of the Government detailing certain provisions of the Customs Law on customs procedures, inspection, and supervision.

2. The Vietnam Red Cross shall issue a confirmation letter for goods imported and exported to serve Red Cross emergency relief activities and bear legal responsibility for the confirmation issued by its organization.

Article 8. Priority and facilitation in entry and exit procedures and movement for persons participating in Red Cross activities in cases of natural disasters, emergencies, and dangerous epidemics

1. Foreign nationals entering Vietnam to participate in Red Cross activities in cases of natural disasters, emergencies, and dangerous epidemics shall be granted visas by Vietnamese diplomatic missions abroad within 24 hours of application submission or at international border gates in Vietnam. Visas may be issued, amended, or supplemented during disaster relief operations.

2. Visa application procedures shall be conducted in accordance with Decree No. 21/2001/NĐ-CP dated May 28, 2001, of the Government detailing the implementation of the Law on Entry, Exit, and Residence of Foreigners in Vietnam and related legal documents. A call for international participation in Red Cross activities in Vietnam during natural disasters, emergencies, and dangerous epidemics by the Vietnam Red Cross has the same effect as an invitation letter.

3. Foreign nationals entering Vietnam to participate in Red Cross activities in cases of natural disasters, emergencies, and dangerous epidemics shall be facilitated by Vietnamese competent authorities to travel and operate in areas affected by disasters, and to participate in disaster relief and recovery activities.

4. Vietnamese citizens participating in disaster relief activities abroad must comply with Vietnamese laws, international treaties to which Vietnam is a party, laws of the host country, and international law and custom.

5. Vietnamese competent authorities shall facilitate the Vietnam Red Cross's participation in international relief activities.

Chapter III
SUPPORTING INFRASTRUCTURE FOR RED CROSS ACTIVITIES

Article 9. Social welfare facilities of the Red Cross

1. Social welfare facilities of the Red Cross established by the Vietnam Red Cross Society or jointly with organizations and individuals to nurture and restore functions for victims of Agent Orange, disabled persons, elderly people without support, and orphaned children in particularly difficult circumstances shall be exempted or reduced fees.

2. The reception and nurturing at social welfare facilities of the Red Cross shall prioritize those in particularly difficult circumstances.

3. The establishment of social welfare facilities of the Red Cross shall be carried out in accordance with the procedures and formalities stipulated in Decree No. 68/2008/NĐ-CP dated May 30, 2008, of the Government on conditions, procedures for establishment, organization, operation, and dissolution of social welfare facilities.

4. The operating expenses of the Red Cross social assistance facility include:

a) Sources from the level of the Association mobilizing donations and organizations and individuals contributing to establish the Red Cross social assistance facility;

b) Assistance from domestic and foreign organizations and individuals;

c) Voluntary contributions from the beneficiaries;

d) Other income as prescribed by law;

d) State budget support for nurturing beneficiaries under social assistance policies as prescribed by law.

Article 10. Red Cross medical examination and treatment facility

1. The Red Cross medical examination and treatment facility is a humanitarian medical examination and treatment facility established by the Vietnam Red Cross Association or jointly with organizations and individuals to provide free medical examinations and treatments for those in particularly difficult circumstances; participate in medical examinations and treatments for insured persons and charge fees for other beneficiaries when required according to the provisions of law.

2. The Red Cross medical examination and treatment facility shall be established in accordance with organizational forms suitable to the regulations on medical examination and treatment.

3. The Red Cross medical examination and treatment facility shall operate when it meets all conditions for operation of medical examination and treatment facilities as prescribed by law on medical examination and treatment.

4. The Red Cross medical examination and treatment facility shall balance its income and expenditure to ensure operating funds. The sources of operating funds for the Red Cross medical examination and treatment facility include:

a) Sources from the level of the Association mobilizing donations;

b) Contributions from organizations and individuals participating in establishing the Red Cross medical examination and treatment facility;

c) Voluntary contributions from domestic and foreign organizations and individuals;

d) Legal revenue as prescribed by law.

5. The Red Cross medical examination and treatment facility shall enjoy preferential policies as prescribed by law on encouraging socialization of health care activities for the people.

Article 11. Red Cross blood donation facility

1. The Red Cross blood donation facility is a humanitarian blood donation facility established by the Vietnam Red Cross Association or jointly with organizations and individuals to provide blood and blood products for emergency and patient treatment.

2. The Red Cross blood donation facility shall carry out the following activities:

a) Propaganda and mobilization of voluntary blood donation;

b) Organization of voluntary blood donation;

c) Receiving blood and participating in providing blood products;

d) Cooperation with health authorities in testing, storing blood and blood products according to technical procedures.

3. The Red Cross blood donation facility shall balance its income and expenditure to ensure operating funds. The sources of operating funds for the Red Cross blood donation facility include:

a) Sources from the level of the Association mobilizing donations;

b) Contributions from domestic and foreign organizations and individuals;

c) Other legal revenues as prescribed by law.

4. The Ministry of Health shall take the lead and coordinate with relevant ministries and sectors to specify the conditions for operation, establishment procedures for the Red Cross blood donation facility.

Article 12. Red Cross First Aid Station and Point

1. The Red Cross first aid station and point is established by the Vietnam Red Cross Association or jointly with organizations and individuals at places where accidents frequently occur to implement initial first aid activities as stipulated in Clause 3, Article 9 of the Law on Red Cross Activities.

2. The Red Cross first aid station and point shall be organized and operated according to the regulations issued by the Vietnam Red Cross Association.

3. The Red Cross first aid station and point shall balance its income and expenditure to ensure operating funds. The sources of operating funds for the Red Cross first aid station and point include:

a) Sources from the level of the Association mobilizing donations;

b) Contributions from domestic and foreign organizations and individuals;

c) Other legal revenues as prescribed by law.

4. People's Committees at all levels where there are Red Cross first aid stations and points shall create favorable conditions for their establishment and operation.

5. The Ministry of Health shall specify in detail the conditions for operation, establishment procedures, and licensing application requirements for Red Cross first aid stations and points.

Article 13. Red Cross First Aid Training Bases

1. Red Cross first aid training bases shall be established by the Vietnam Red Cross Society or jointly with organizations and individuals to train first aid skills and methods for cadres, people at communities, agencies, enterprises, schools, and other organizations and individuals upon request.

2. Red Cross first aid training bases shall balance their income and expenses to ensure operational funding; organize and operate according to regulations issued by the Vietnam Red Cross Society. The sources of operational funding for Red Cross first aid training bases include:

a) Sources from the level of the Association mobilizing donations;

b) Assistance from domestic and foreign organizations and individuals;

c) Voluntary contributions from the beneficiaries;

d) Other lawful revenues as prescribed by law;

3. The Ministry of Health shall stipulate the content of first aid training, the framework of the first aid training program, and the issuance of certificates to trainees after training.

4. The Ministry of Education and Training shall stipulate the organization of first aid training in schools for teachers, students, and trainees, and coordinate with the Vietnam Red Cross Society to implement such training.

Article 14. Mobile Medical Examination and Treatment Teams of the Red Cross

1. The Vietnam Red Cross Society shall establish mobile medical examination and treatment teams of the Red Cross to provide free medical examinations and treatments for people in areas with particularly difficult socio-economic conditions or areas affected by natural disasters, epidemics, and other areas when needed.

2. Mobile medical examination and treatment teams of the Red Cross shall operate according to regulations issued by the Vietnam Red Cross Society.

3. Mobile medical examination and treatment teams of the Red Cross shall cooperate with the Vietnam Red Cross and People's Committees of communes, wards, and towns where they conduct medical examinations and treatments to organize activities related to medical examinations and treatments, health promotion, and environmental sanitation.

4. The Ministry of Health shall stipulate the conditions regarding infrastructure, human resources, and expertise for mobile medical examination and treatment teams of the Red Cross.

Chapter IV
IMPLEMENTING PROVISIONS

Article 15. Effectiveness

This Decree takes effect from February 25, 2011.

Article 16. Responsibility for Implementation

1. The Minister of Home Affairs shall be responsible for implementing this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and municipal People's Committees directly under the central government, and relevant organizations and individuals shall comply with this Decree.