Circular No. 11/2023/TT-BQP on international cooperation in search and rescue operations within the Vietnam People's Army

CIRCULAR
Regulations on International Cooperation in Search and Rescue
in the Vietnam People's Army

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Pursuant to Decree No. 95/2010/NĐ-CP dated September 16, 2010 of the Government on licensing and coordinating activities with foreign search and rescue forces in Vietnam;

Pursuant to Decree No. 22/2016/NĐ-CP dated March 31, 2016 of the Government on foreign relations in national defense;

Pursuant to Decree No. 30/2017/NĐ-CP dated March 21, 2017 of the Government on organizing emergency response activities for accidents, natural disasters, and search and rescue operations;

Pursuant to Decree No. 02/2019/NĐ-CP dated January 2, 2019 of the Government on Civil Defense;

Pursuant to Decree No. 01/2022/NĐ-CP dated November 30, 2022 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

At the proposal of the General Staff of the Vietnam People's Army;

The Minister of National Defense promulgates this Circular on international cooperation in search and rescue in the Vietnam People's Army.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates principles, contents, forms, procedures, and formalities of international cooperation in search and rescue in the Vietnam People's Army and the responsibilities of agencies and units in organizing and implementing such cooperation.

Article 2. Applicability

This Circular applies to agencies, units, organizations, and individuals under the management of the Ministry of National Defense assigned tasks related to international cooperation in search and rescue; foreign organizations and individuals operating within the territory of the Socialist Republic of Vietnam involved in international cooperation in search and rescue with agencies and units in the Vietnam People's Army (hereinafter referred to collectively as foreign partners).

Article 3. Principles of international cooperation in search and rescue

1. Respect for independence, sovereignty, unity, territorial integrity, compliance with Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a member.

2. Compliance with the procedural and formalities of foreign affairs work of the Vietnam People's Army and decisions of competent authorities.

3. Cooperation based on friendship and international solidarity, ensuring political security, state secrets, and military secrets.

4. Ensuring promptness, urgency, and effectiveness in carrying out search and rescue activities.

Chapter II
CONTENTS, FORMS, PROCEDURES AND FORMALITIES
OF INTERNATIONAL COOPERATION IN SEARCH AND RESCUE

Article 4. Cooperation in information exchange

1. Establishing and maintaining connections among emergency duty centers, sharing databases, forecast information, early warning systems for disasters, accidents, natural disasters, and search and rescue operations.

2. Establishing mechanisms for exchanging, sharing, evaluating, and analyzing information and experiences in responding to disaster situations, accidents, natural disasters, and search and rescue operations.

Article 5. Cooperation in scientific research and technology transfer

1. Researching and applying science and technology, digital transformation in managing and utilizing databases, and operational responses to disasters, accidents, natural disasters, and search and rescue operations.

2. Developing basic response procedures for each type of disaster, accident, natural disaster, and search and rescue operation.

3. Researching, transferring, and applying scientific and technological achievements in monitoring, preventing, and providing early warnings for disasters, accidents, natural disasters, especially environmental disasters, earthquakes, tsunamis, nuclear radiation, and transboundary disasters, accidents, and natural disasters.

4. Introducing, exchanging, and transferring advanced and modern specialized equipment and means that can replace humans in performing difficult and dangerous tasks in complex terrain and environmental conditions, serving prevention, control, and mitigation of disaster consequences, accidents, natural disasters, and search and rescue operations.

Article 6. Cooperation in training, instruction, and drills

1. Training, capacity building, and specialized instruction on management, command, and operation for disaster prevention, mitigation, and rescue operations.

2. Training and enhancing capabilities to respond to disasters, accidents, natural calamities, and search and rescue operations.

3. Coordinating to organize drills for disaster response, humanitarian assistance, and search and rescue operations on land and at sea with international organizations and functional forces within and outside the military of various countries, prioritizing those sharing land and maritime borders with Vietnam.

4. Participating in regional and international seminars, forums, trainings, and drills.

Article 7. Cooperation in carrying out search and rescue activities

1. Developing cooperation programs and frameworks with international organizations and functional forces within and outside the military of countries that have cooperative search and rescue relations with the Ministry of National Defense of Vietnam.

2. Investing resources for disaster prevention, response, mitigation, and search and rescue operations.

3. Supporting or receiving forces and equipment to participate in disaster response, humanitarian aid, and search and rescue operations according to international treaties and agreements to which the Socialist Republic of Vietnam is a member, within its authority.

4. Cooperating in search and rescue operations in border areas on land and at sea according to international treaties and bilateral or multilateral agreements between Vietnam and other countries, prioritizing those sharing land and maritime borders with Vietnam.

Article 8. Forms of Cooperation

1. Participating in signing cooperation agreements and international documents and establishing mechanisms for disaster response, accident handling, natural calamity mitigation, and search and rescue support.

2. Organizing or attending international conferences, seminars, and forums on disaster response, accident handling, natural calamity mitigation, and search and rescue.

3. Organizing receptions, diplomatic visits, exchange delegations, and expert exchanges in the field of disaster response, natural calamity handling, and search and rescue.

4. Investing, supporting, or receiving forces, equipment, and resources for search and rescue operations.

5. Other forms of international cooperation as prescribed by Vietnamese law, international treaties to which the Socialist Republic of Vietnam is a member, and international agreements within its authority.

Article 9. Procedures for International Cooperation in Search and Rescue

1. The procedures for international cooperation in search and rescue in the Vietnam People's Army are implemented according to Circular No. 152/2021/TT-BQP dated November 21, 2021, issued by the Ministry of National Defense detailing certain provisions and guiding the implementation of Decree No. 22/2016/NĐ-CP dated March 31, 2016, issued by the Government regarding national defense diplomacy.

2. In urgent cases requiring immediate mobilization or reception of forces, equipment, and related facilities from foreign partners, the leading agency must immediately seek opinions from relevant agencies and units and report to the competent authority for decision-making. Communication among agencies and units may be conducted via secure telegrams, military phones, or direct command exchanges to promptly address the mission, while formal written communications must also be sent in accordance with regulations.

Chapter III

RESPONSIBILITIES OF AGENCIES AND UNITS IN

OF INTERNATIONAL COOPERATION IN SEARCH AND RESCUE

Article 10. Responsibilities of the General Staff Department

1. Advise the Central Military Commission, the Minister of National Defense, and competent authorities on issues related to international cooperation in search and rescue within the Vietnam People's Army.

2. Assist the Minister of National Defense in directing and monitoring the development of plans, organization of implementation, summary evaluation of results in implementing principles, contents, forms, procedures, and formalities for international cooperation in search and rescue within the Vietnam People's Army as stipulated in this Circular.

3. Develop and promulgate general plans for international cooperation in the field of search and rescue within the Vietnam People's Army according to the directives of the Minister of National Defense.

4. Direct and monitor the establishment and improvement of specialized forces and units with concurrent responsibilities participating in international cooperation activities in search and rescue within the scope of assigned functions, tasks, and authorities.

5. Sign and implement international agreements within the authority related to dispatching or receiving forces, means, and equipment in international cooperation in search and rescue; participate in negotiations, signing, and implementing international agreements, and implementing international treaties on search and rescue.

6. Direct and monitor the development of plans, organization of implementation of international cooperation in search and rescue by military agencies and units in accordance with laws and regulations of the Ministry of National Defense.

Article 11. Responsibilities of the Political Commissariat

1. Advise the Central Military Commission, the Minister of National Defense on political guidance and direct, guide, and implement party work and political work in international cooperation in search and rescue within the Vietnam People's Army.

2. Take the lead in coordinating to ensure understanding, education, propaganda, monitoring, and evaluating the results of implementing party work and political work in international cooperation in search and rescue by agencies and units.

3. Propose the dispatch of cadres, sign and implement international agreements within the authority related to dispatching cadres for training and capacity building in search and rescue abroad; participate in negotiations and implementation of international treaties on search and rescue.

4. Review and approve other management and directive contents in international cooperation in search and rescue in accordance with laws and regulations of the Ministry of National Defense.

Article 12. Responsibilities of the Search and Rescue Bureau

1. Serve as the main agency assisting the General Staff Department in advising on international cooperation in search and rescue within the Vietnam People's Army; advise and propose competent authorities to develop legal normative documents, international treaties, agreements, directive documents, programs, plans, projects for international cooperation in search and rescue.

2. Take the lead in coordinating to advise competent authorities on accepting foreign partner forces and means to support search and rescue on the territory of the Socialist Republic of Vietnam or dispatching forces and means of agencies and units under the Ministry of National Defense to participate in professional exchanges, training, exercises, and supporting foreign partners in search and rescue.

3. Take the lead in coordinating to promote legal education and provide professional guidance to agencies, units, and functional forces inside and outside the military to organize the implementation of tasks, programs, and plans for international cooperation in search and rescue.

4. Receive, process, and provide forecast information, warnings, and other information related to disasters, accidents, natural calamities, and search and rescue operations.

5. Take the lead in coordinating with relevant agencies of the Ministry of National Defense to advise the Minister of National Defense, the Chief of the General Staff Department, the Chief of the Political Commissariat, and competent authorities on organizing the implementation of international cooperation activities in search and rescue according to the level of authority.

6. Participate in bilateral and multilateral cooperation forums and mechanisms for search and rescue; establish and maintain the operation of expert groups and working groups on search and rescue with foreign partners according to the level of authority.

7. Regularly conduct mid-term reviews, summaries, evaluations, lessons learned, and report to competent authorities on the results of international cooperation in search and rescue as prescribed annually and every five years.

8. Perform other tasks as prescribed.

Article 13. Responsibilities of the Foreign Affairs Department

1. Take the lead in advising on promoting the construction and expansion of international cooperation relationships in search and rescue within the Vietnam People's Army with countries, international organizations, functional forces, and armies of countries in the region and worldwide.

2. Coordinate with the Search and Rescue Department to advise the Ministry of National Defense on policies, strategies, and directions for expanding and strengthening international cooperation activities in search and rescue.

3. Coordinate in guiding the development and implementation of programs, plans, projects, and proposals for international cooperation in search and rescue within the Vietnam People's Army.

4. Take the lead in directing foreign affairs business; coordinate in organizing and participating in diplomatic reception activities with agencies and units implementing international cooperation activities in search and rescue within the Vietnam People's Army.

Article 14. Responsibilities of the Military Security Protection Department

1. Advise the Chief of the Political General Department and the Head of the Ministry of National Defense on security assurance work for agencies and units participating in international cooperation in search and rescue within the Vietnam People's Army.

2. Review and approve political standards for personnel; review information, documents, means, and equipment participating in international cooperation activities in search and rescue.

3. Take the lead and coordinate in ensuring security and safety for foreign organizations and individuals entering the territory of the Socialist Republic of Vietnam to perform international cooperation tasks in search and rescue with agencies and units within the Vietnam People's Army.

Article 15. Responsibilities of Agencies and Units

1. Based on the functions and tasks assigned according to the level of authority and the scope of management, be responsible for leading and coordinating in the implementation of international cooperation activities in search and rescue; advise and report plans, needs, and capabilities for international cooperation; organize implementation according to approved decisions and report results of international cooperation in search and rescue to the competent authority as prescribed.

2. Coordinate with agencies, units, and functional forces both inside and outside the Army in performing international cooperation tasks in search and rescue.

3. Receive and process information about international cooperation contents in search and rescue within their authority.

4. Report annually on November 25 the results of international cooperation in search and rescue to the Search and Rescue Department for consolidation and reporting to the Chief of the General Staff and the Head of the Ministry of National Defense; in case of necessity, report according to task requirements.

Chapter IV

IMPLEMENTING PROVISIONS

Article 16. Financial Guarantees

The funds for international cooperation activities in search and rescue within the Vietnam People's Army shall be sourced from the state budget and other lawful sources as prescribed by law and the Ministry of National Defense.

Article 17. Effectiveness and Responsibility for Implementation

1. This Circular takes effect from April 20, 2023.

2. The Chief of the General Staff, the Director of the Political General Department, the Party Committees, Commanders of agencies and units, and related organizations and individuals are responsible for implementing this Circular.

3. The Search and Rescue Department leads and coordinates with the Foreign Affairs Department to guide, monitor, urge, inspect, and report on the implementation of this Circular./.