Decree No. 08/2006/ND-CP detailing certain provisions of the Ordinance on Flood and Storm Prevention and Control, amended and supplemented on August 24, 2000.

DECREE

Providing detailed regulations for some articles of the Law on Flood and Storm Prevention and Control which have been amended and supplemented on August 24, 2000.

Amended and supplemented on August 24, 2000.

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THE GOVERNMENT

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

Pursuant to the Law on Flood and Storm Prevention and Control dated March 20, 1993 and the Law amending and supplementing certain provisions of the Law on Flood and Storm Prevention and Control dated August 24, 2000;

At the request of the Minister of Agriculture and Rural Development,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Decree stipulates activities related to flood and storm prevention and control, including floods, inundation, tidal surge, typhoons, tropical depressions, whirlwinds, landslides caused by floods and storms.

2. This Decree applies to organizations and individuals within Vietnam, and foreign organizations and individuals operating and working in Vietnam. In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions, such provisions shall be applied according to the provisions of those international treaties.

Article 2. Interpretation of Terms

In this Decree, the following terms are understood as follows:

1. Flood refers to the phenomenon of water overflowing beyond normal levels.

2. Flood tide refers to the phenomenon of river water levels rising above normal levels during a specific period of time and then receding.

3. Flash flood refers to floods occurring in mountainous areas due to heavy rainfall creating strong currents with significant destructive power and occurring suddenly.

4. Tropical depression refers to a tropical cyclone with maximum wind speeds from Force 6 to Force 7 and may include gusts.

5. Typhoon refers to a tropical cyclone with maximum wind speeds of Force 8 or higher and may include gusts. Typhoons with wind speeds from Force 10 to Force 11 are considered severe typhoons; those with wind speeds of Force 12 or higher are considered extremely severe typhoons.

6. Whirlwind refers to a swirling wind current with wind speeds equivalent to those of a typhoon but formed and dissipated quickly over a narrow space ranging from several kilometers² to several dozen kilometers.².

7. Tidal surge refers to the phenomenon of seawater rising higher than normal tidal levels due to the influence of typhoons.

8. Landslide refers to the phenomenon of unstable slopes caused by rain, floods, storms, or sea waves.

9. Flood and storm prevention works refer to structures:

a) Directly resisting, limiting, or mitigating the impacts of floods and storms;

b) Serving forecasting, warning, command, and guidance for flood and storm prevention activities.

10. Related works to flood and storm prevention works refer to specialized works placed within the safety protection range of flood and storm prevention works, where each incident involving these specialized works affects and causes loss of safety to flood and storm prevention works.

Chapter II

DETAILED REGULATIONS FOR SOME ARTICLES

OF THE LAW ON FLOOD AND STORM PREVENTION AND CONTROL

Article 3. Investment policies for activities related to forecasting, preventing, and mitigating the consequences of floods and storms under Article 4 of the Law on Flood and Storm Prevention and Control

1. The State prioritizes investment funds for flood and storm prevention and mitigation activities.

2. Annually, the budget estimates for flood and storm prevention activities of ministries, sectors, and localities are compiled together with the state budget estimates and submitted to the competent authorities for review and decision-making in accordance with the State Budget Law and relevant legal documents.

3. Organizations and individuals inside and outside Vietnam investing and applying scientific and technological advancements to serve flood and storm prevention and mitigation activities are entitled to preferential policies as prescribed by Vietnamese investment laws.

Article 4. Construction of new houses and structures on riverbanks under Article 12 of the Law on Flood and Storm Prevention and Control

1. The construction of new houses and structures on riverbanks must comply with legal regulations, conform to planning requirements, and meet standards for flood and storm prevention.

2. For rivers without embankments: Provincial People's Committees (hereinafter referred to as provincial-level People's Committees) shall take measures to prevent and handle encroachment on rivers, construction of new houses and structures on riverbanks to ensure the safety of people's lives and not affect the flood discharge capacity of the riverbed.

For existing structures and houses on riverbanks, provincial-level People's Committees shall direct the establishment of plans to proactively relocate residents from landslide-prone areas or areas at risk of landslides. In specific cases, provinces shall implement compensation or support policies for relocation in accordance with the law.

3. For rivers with embankments: new or existing houses and structures on riverbanks shall comply with legal regulations concerning embankment management.

Article 5. Construction of new types of warehouses for food, toxic substances, explosives, fuel, essential materials, and other important assets in flood-prone areas and frequently inundated areas under Article 13 of the Law on Flood and Storm Prevention and Control

Provincial-level People's Committees shall issue permits for the construction of new warehouses for food, toxic substances, explosives, fuel, and essential materials serving flood and storm prevention and rescue equipment and embankment protection facilities in flood-prone areas and frequently inundated areas.

In cases involving two or more provinces and riverbank areas with levees from Class 3 to Special Class, when issuing permits for the construction of such projects, the agreement in writing of the Ministry of Agriculture and Rural Development shall be obtained.

Article 6. Handling the creation of objects obstructing or other activities causing difficulties for flood drainage pursuant to Article 14 of the Ordinance on Flood and Storm Prevention and Control.

It is strictly prohibited to create obstacles in riverbeds, riverbanks, or engage in other activities that impede water flow and limit flood drainage capacity. Roadways and levees on riverbanks and streams must not be raised above warning level 2 and must have culverts with sufficient aperture to ensure flood drainage.

Article 7. Construction of rescue stations for ships and boats pursuant to Article 16 of the Ordinance on Flood and Storm Prevention and Control.

1. Rescue stations for ships and boats shall be constructed in sea areas with high typhoon frequency and those frequently having many ship and boat operations to effectively carry out rescue operations when typhoons occur.

2. The Ministry of Transport shall take the lead and coordinate with the National Committee for Search and Rescue, the Ministry of Defense, the Ministry of Fisheries, and related agencies based on the overall planning for search and rescue approved by competent authorities to specifically determine the number, location, and operational regulations of rescue stations for ships and boats, and report to the Prime Minister.

Article 8. Diversion and delay of floods pursuant to Article 22 of the Ordinance on Flood and Storm Prevention and Control.

1. The diversion and delay of floods in the Red River system shall be carried out according to the Regulation on Diversion and Delay of Floods in the Red River System to protect the safety of Hanoi City issued together with Decree No. 62/1999/NĐ-CP dated July 31, 1999 of the Government.

2. For other river systems, the Chairman of the Provincial People's Committee shall decide emergency situations and proactively develop plans for flood diversion and delay to ensure safety for their localities.

Article 9. Post-disaster recovery from floods and storms pursuant to Article 26 of the Ordinance on Flood and Storm Prevention and Control.

1. When floods and storms occur, the Provincial People's Committee shall be responsible for directing and coordinating with all levels, sectors, and military forces to organize rescue operations for people, property, and infrastructure; promptly carry out search and rescue operations; proactively implement measures to mitigate the consequences caused by floods and storms to quickly stabilize the lives and production of affected residents; organize statistics and assess losses caused by floods and storms in accordance with the Law on Statistics.

Local People's Committees at all levels shall be responsible for directing post-disaster recovery from floods and storms in their respective localities. In cases where the local capacity is exceeded, the Chairman of the Provincial People's Committee must promptly report to the Prime Minister, the Central Steering Committee for Flood and Storm Prevention and Control, and the National Committee for Search and Rescue to direct and decide necessary measures.

2. Ministries and central agencies within their authority and assigned tasks shall be responsible for directing relevant functional agencies under their ministries and sectors, and coordinating with related ministries, sectors, and localities to promptly and effectively implement measures to mitigate the consequences of floods and storms.

Chapter III

RESPONSIBILITIES OF MINISTRIES AND SECTORS,

LOCALITIES IN THE WORK OF PREVENTION, CONTROL

AND POST-DISASTER RECOVERY FROM FLOODS AND STORMS

Article 10. Responsibilities of the Provincial People's Committee pursuant to Articles 32 and 33 of the Ordinance on Flood and Storm Prevention and Control.

1. Provincial People's Committees shall be responsible for:

a) Issuing and organizing the implementation of normative legal documents within their authority regarding flood and storm prevention and control and post-disaster recovery.

b) Developing planning and plans for flood and storm prevention and control; collecting and processing information related to floods and storms.

c) Allocating funds in the local budget in accordance with the Law on State Budget to finance planning, construction, and repair of embankments and flood and storm control facilities managed by the province, post-disaster recovery in the locality. Managing financial resources for flood and storm prevention and control in accordance with current regulations.

d) Before the flood and storm season, they must consolidate and improve the organization of the Flood and Storm Prevention and Control Command at all levels (provincial, district, commune).

đ) Assigning responsibilities and decentralizing state management over flood and storm prevention and control work to districts and communes; developing specific planning and ensuring funding for tasks according to the decentralization.

e) Organizing research and application of scientific and technological progress in flood and storm prevention and control; promoting knowledge and experience dissemination and organizing inspections and supervision of compliance with laws on flood and storm prevention and control and post-disaster recovery.

2. For provinces in the Red River Delta and North Central regions:

a) Each year, before the rainy season, they must complete the plan for repairing embankments; inspecting and evaluating the quality of each embankment line, promptly addressing any embankment, bank protection, and culvert failures; developing embankment protection and rescue plans for each line and key points.

b) They must have plans and schemes for relocating and protecting residents in riverbank areas and areas with low embankments during major floods.

c) They must prepare sufficient manpower, equipment, and reserve materials to be ready to respond to major floods. Inventory and evaluate the reserve material fund for flood and storm prevention and control according to regulations.

3. For coastal provinces in Central Vietnam:

a) Each year, they must develop plans and schemes to respond to floods and storms, especially in the worst-case scenario when floods, storms, tropical depressions, and high tides occur simultaneously.

b) They must have plans for relocating residents in low-lying areas, river mouths, lagoons, coastal areas, and areas prone to landslides or at risk of landslides to safe locations; taking proactive measures to reduce damage, gradually adapt, stabilize, and sustainably develop under conditions of frequent natural disasters.

4. For provinces in the Mekong Delta flood-prone area:

a) Each year, they must develop plans and schemes and measures to respond to prolonged major floods; plans to respond to storms, tropical depressions, and tornadoes.

b) Direct the construction of residential clusters and lines that can withstand floods, ensuring sustainable and long-term development. Protect production and infrastructure facilities to ensure normal activities for residents during the flood season, particularly in deep-flooded areas.

5. For mountainous, midland provinces, and areas at risk of flash floods and landslides, local People's Committees at all levels must direct specialized sectors to implement early warning work to have proactive response plans, relocate people and assets to safe locations.

6. Provinces with water reservoirs must direct regular inspection work, detect early any incidents or damages to take timely repair measures before the flood and typhoon season; have plans to ensure safety for projects and residents in downstream areas.

7. Localities frequently affected by typhoons, tropical depressions, and floods:

a) Closely monitor the development of floods, typhoons, and natural disasters; proactively organize prevention activities while developing rescue and relief plans before natural disasters occur; implement measures to protect houses, schools, medical facilities, tourist areas, warehouses, and economic and social facilities to minimize damage caused by typhoons and floods;

b) Have plans to evacuate and protect residents in riverbank, coastal, lagoon, and frequently flooded areas, as well as areas at risk of landslides; implement measures to ensure safety for ships and boats during typhoons and tropical depressions. Plan and develop housing construction with structures suitable for flood and typhoon prevention; adjust crop structure and planting seasons to reduce losses.

c) The provincial People's Committee directs relevant sectors and levels to proactively stockpile essential goods such as food, fuel, medicine for prevention and treatment... down to each household, village, commune, and district;

d) Organize training and drills for forces directly involved in flood and typhoon prevention and rescue operations; proactively build response plans, mobilizing all resources within the area according to the principle of "4 localities: command on-site, force on-site, materials on-site, and logistics on-site" to respond to and mitigate the aftermath of floods and typhoons.

Article 11. Responsibilities of Ministries, Sectors, and Central Agencies under Articles 32 and 33 of the Law on Flood and Typhoon Prevention and Control

1. The Central Steering Committee for Flood and Typhoon Prevention and Control has the responsibility:

a) To decide on warnings and measures to counteract floods and typhoons;

b) To inspect and urge ministries, sectors, and localities to carry out flood and typhoon prevention and mitigation work;

c) To direct the operation of reservoirs in flood reduction according to the operational procedures of the works;

d) To compile the situation and propose to the Government and Prime Minister decisions on measures for flood and typhoon prevention and mitigation nationwide.

2. The Ministry of Agriculture and Rural Development shall be responsible for:

a) To take the lead and coordinate with ministries, sectors, and localities to assist the Government in managing state affairs regarding planning and implementation of flood and typhoon prevention and control work as stipulated in Article 32 of the Law on Flood and Typhoon Prevention and Control;

b) To establish plans for flood and typhoon prevention and control and direct the implementation of flood and typhoon prevention, mitigation, and recovery work within the scope managed by the Ministry;

c) To issue and direct the implementation of regulatory legal documents within its authority in dike protection and flood and typhoon prevention work;

d) To direct and coordinate with localities in arranging production structures and seasons, protecting production in areas frequently affected by floods and typhoons; organize the protection and restoration of upstream protective forests along rivers, streams, water storage reservoirs, and areas where flash floods often occur, and coastal and beach protective forests;

đ) To direct, inspect, and urge localities to complete annual dike maintenance plans; construct hydraulic works according to flood-exceeding schedules; have plans to ensure the safety of reservoirs, dams, and works managed by the Ministry;

e) To organize the collection, processing of information, research, and application of scientific and technological progress in flood and typhoon prevention and control; train personnel engaged in flood and typhoon prevention and control work;

g) To coordinate with ministries, sectors, and localities:

- To strengthen propaganda, dissemination of knowledge, experience, and laws on flood and typhoon prevention and control;

- To inspect and audit compliance with laws; resolve complaints and reports on flood and typhoon prevention and mitigation;

- To direct the implementation of international relations in the field of flood and typhoon prevention and control.

3. The National Committee for Search and Rescue shall take the lead and coordinate with the Central Steering Committee for Flood and Typhoon Prevention and Control, relevant ministries, sectors, and localities to develop plans and schemes to prepare forces and equipment and organize timely and effective search and rescue operations.

4. The Ministry of Natural Resources and Environment has the responsibility:

a) To establish plans and direct the implementation of weather and hydrological forecasting and warning;

b) To issue and direct the implementation of regulatory legal documents within its authority on forecasting and warning services for flood and typhoon prevention and mitigation;

c) To organize the collection and processing of information, implement warnings and forecasts, and provide timely official information about tropical depressions, typhoons, and floods on major rivers nationwide, and flash flood warnings for the Central Steering Committee for Flood and Typhoon Prevention and Control, relevant ministries, sectors, and localities, and mass media according to current regulations;

d) To manage financial sources used for weather and hydrological forecasting and warning services for flood and typhoon prevention and mitigation;

đ) To organize research and application of scientific and technological progress and international relations in forecasting, warning, prevention, and mitigation of flood and typhoon aftermaths. Train personnel in forecasting and warning work; disseminate knowledge, experience, and laws on forecasting and warning for flood and typhoon prevention and control;

e) To coordinate with ministries, sectors, and localities to inspect and audit compliance with laws, and resolve complaints and reports on forecasting and warning of floods and typhoons.

5. The Ministry of Defense has the responsibility:

a) To establish plans and direct the implementation of the military's tasks in flood and typhoon prevention and mitigation. Issue and direct the implementation of regulatory legal documents on coordinating military forces in flood and typhoon prevention and mitigation;

b) To establish plans for the deployment of forces and equipment ready to participate in dike and dam protection, flood diversion, and delay. Organize the collection of information related to floods and typhoons, direct the implementation of emergency rescue and handling of situations, and post-flood recovery, ensuring that the military is the main force in this work.

6. The Ministry of Public Security shall be responsible for developing plans and schemes to ensure security and social order when floods or storms occur, coordinating with military forces, relevant sectors, and localities to participate in rescue operations and mitigate the consequences caused by natural disasters.

7. The Ministry of Posts and Telecommunications shall be responsible for planning and directing the implementation of measures to ensure smooth communication networks for flood and storm prevention and response in all situations, especially during floods and storms.

8. The Ministry of Fisheries shall be responsible for:

a) Developing plans and guidelines and directing the implementation of measures to ensure safety for fishers and fishing vessels operating at sea, on rivers, and at storm shelters; protecting fishery production and aquaculture facilities; developing coastal and river mouth aquaculture in line with flood and storm conditions to minimize losses.

b) Issuing and directing the implementation of regulatory legal documents concerning flood and storm prevention, mitigation, and recovery for fisheries and aquaculture; organizing the dissemination of knowledge and experience in storm prevention for fishermen.

c) Coordinating with related ministries, sectors, and localities in directing flood and storm prevention; applying scientific and technological advancements; implementing international relations; inspecting and auditing compliance with laws on flood and storm prevention and recovery in the fisheries sector.

9. The Ministry of Transport shall be responsible for:

a) Developing plans and guidelines and directing the implementation of transportation development in accordance with flood and storm prevention and drainage plans.

b) Annually preparing personnel, equipment, and materials to collect and process information related to flood and storm warnings and forecasts to ensure safe transportation on the sea, rivers, railways, and roads during the rainy season; providing emergency support and replacements when bridges, roads, and ports suffer damage or flooding to maintain traffic flow on major routes; preparing personnel, materials, and equipment to handle large-scale dike and dam failures and flood diversion.

c) Issuing and directing, inspecting, and auditing the implementation of regulatory legal documents concerning flood and storm prevention and recovery; applying scientific and technological advancements; implementing international relations in flood and storm prevention and recovery in the transportation sector.

10. The Ministry of Industry shall be responsible for:

a) Issuing and directing the implementation of regulatory legal documents within its authority concerning flood and storm prevention to ensure absolute safety for reservoirs under its management.

b) Developing plans and guidelines for flood and storm prevention; directing the implementation of measures to ensure safety in mineral extraction areas, power sources, and transmission lines, and industrial facilities under its management.

11. The Ministry of Construction shall be responsible for:

a) Issuing and organizing the implementation of regulatory legal documents within its authority concerning ensuring safety for people and construction projects in line with flood and storm prevention laws; taking the lead, coordinating, and guiding localities in implementing construction planning and ensuring project safety during the rainy season.

b) Organizing research and issuing typical designs (model houses and structures) with appropriate structures for flood and storm characteristics in each region; directing and auditing construction projects according to regulations.

12. The Tourism Administration shall be responsible for leading and coordinating with localities to implement planning, construction, and management of tourist areas suitable for flood and storm characteristics in each region to ensure safety for people and industry infrastructure.

13. The Ministry of Finance shall be responsible for:

a) Compiling and allocating the state budget according to the State Budget Law to fund planning, construction, repair, and maintenance of central dikes and flood and storm prevention works; equipping technical means for forecasting, warning, and command in flood and storm prevention and rescue operations.

b) Issuing regulatory legal documents concerning the management and use of funds for flood and storm prevention and recovery; inspecting and auditing their implementation.

14. The Ministry of Planning and Investment shall be responsible for:

a) Prioritizing and allocating capital for dike construction, flood and storm prevention, search and rescue operations, and disaster prevention and mitigation.

b) Issuing and organizing the implementation of regulatory legal documents concerning the management of investment funds for flood and storm prevention and recovery; organizing inspections and audits of their implementation.

15. The Ministry of Trade shall be responsible for leading and coordinating with provincial People's Committees to prepare essential goods for supply to the public, particularly in remote and frequently flooded areas, before the annual flood and storm season; coordinating with local authorities at all levels to effectively implement local stockpiling.

16. The Ministry of Education and Training shall be responsible for:

a) Compiling and incorporating general knowledge about flood and storm prevention and disaster reduction into school curricula.

b) Directing the planning of educational facility construction suitable for flood and storm characteristics in each region to ensure student safety and minimize impacts from floods and storms.

17. The Ministry of Health shall be responsible for stockpiling medicines and medical supplies, instructing health workers and the community on basic first aid techniques, environmental sanitation, and organizing rescue operations and disease prevention before, during, and after floods and storms.

18. The Ministry of Labor, Invalids, and Social Affairs shall be responsible for:

a) Closely monitoring flood and storm developments and natural disasters; compiling the situation of civilian losses and proposing financial and material assistance measures for localities to quickly recover, submitting to the Prime Minister for decision.

b) Issuing and organizing the implementation of social relief policies in recovering from storms, floods, and natural disasters; guiding and inspecting relief efforts in localities.

19. The Ministry of Culture, Information, Vietnam Television, Voice of Vietnam, Vietnam News Agency, and central and local information and press agencies shall be responsible for:

a) Strengthening the work of disseminating and promptly informing accurate weather forecast, warning information about floods, storms, natural disasters; policies, orders, directives on flood and storm prevention, control, and aftermath mitigation; as well as experiences and exemplary cases in flood and storm prevention, control, and aftermath mitigation work.

b) Cooperating with specialized agencies to develop regular programs and plans for propaganda and education to enhance the community's awareness regarding flood and storm prevention, avoidance, and aftermath mitigation work.

20. Other Ministries and sectors, according to their assigned functions and tasks, shall be responsible for developing annual plans and effectively implementing the tasks of flood and storm prevention, control, and aftermath mitigation within their respective Ministries and sectors. At the same time, they must prepare sufficient forces, means, materials, and necessary funds in accordance with regulations to proactively participate in flood and storm prevention, control, and aftermath mitigation work under the guidance of the Prime Minister and the Central Steering Committee for Flood and Storm Prevention and Control.

Chapter IV

IMPLEMENTING PROVISIONS

Article 12. Effective Date

This Decree takes effect fifteen days from the date of publication in the Official Gazette and replaces Decree No. 32/CP dated May 20, 1996 of the Government detailing the implementation of the Ordinance on Flood and Storm Prevention and Control. All previous provisions that conflict with this Decree are hereby abolished.

Article 13. Responsibility for Implementation

The Minister of Agriculture and Rural Development, in collaboration with the Head of the Central Steering Committee for Flood and Storm Prevention and Control, shall be responsible for guiding and organizing the implementation of this Decree.

Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial and municipal People's Committees directly under the Central Government are responsible for implementing this Decree./.