Decision No. 129/2001/QĐ-TTg approves the National Plan for Oil Spill Response (OSR) for the period 2001-2010. The plan focuses on establishing mechanisms, policies, and response forces for OSR from local to national levels with the aim of minimizing environmental damage and impacts on people's lives.
적용 범위
National Committee for Search and Rescue, Ministry of Science, Technology and Environment, Ministry of Defense, Vietnam Oil and Gas Corporation, relevant ministries and sectors, People's Committees of provinces and centrally governed cities.
핵심 사항
- Economic and social establishments, defense and security establishments must develop OSR plans and be ready to participate in joint activities.
- Establish two regional OSR centers in Central and Southern regions by 2004, aiming to have three centers operational by 2010.
- Business establishments must self-finance their OSR plans at the establishment level.
- Financial resources for regional centers come from state budget and other lawful sources, moving towards self-financing through business plans.
- The National Committee for Search and Rescue shall lead, command, and organize the implementation of the OSR plan.
🌐 이 문서의 사회적 영향
- Positive impact: Enhance OSR capacity, minimize environmental damage and impacts on people's lives.
- Negative impact: Increased financial costs for production and business establishments.
❓ 자주 묻는 질문
What must economic and social establishments do?
Establishments must develop OSR plans, equip themselves with means and forces to respond promptly.
Where does the financial support for regional centers come from?
Financial support for regional OSR centers comes from the state budget and other lawful sources, moving towards self-financing through business plans.
What responsibilities does the National Committee for Search and Rescue have?
The Committee leads, commands, and organizes the implementation of the OSR plan, establishes operating regulations, educates and raises community awareness, and directs participating forces.
When does this Decision take effect?
This Decision takes effect fifteen days after the date of signature.
How do production and business establishments ensure their own financing?
Establishments must self-provide equipment and invest in facilities necessary for OSR at their own premises.
전문
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PRIME MINISTER |
SOCIALIST REPUBLIC OF VIETNAM |
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Number: 129/2001/QĐ-TTg |
Hanoi, August 29, 2001 |
Pursuant to …;
Regarding the approval of the National Plan for Oil Spill Response
during the period 2001-2010
PRIME MINISTER
Pursuant to the Government Organization Law dated September 30, 1992;
On the basis of the Environmental Protection Law dated December 27, 1993;
Considering the proposal of the National Committee for Search and Rescue, opinions of relevant ministries, sectors, and agencies,
DECISION:
Article 1. Approve the National Plan for Oil Spill Response (OSR) with the following main contents:
1. Objectives of the plan.
a) Objective by 2010.
- To be ready and respond promptly and effectively to all cases of oil spills to minimize damage to the environment, impact on economic sectors, and people's livelihood.
- To complete the system of mechanisms, policies, organizations from central to grassroots levels, and build a professional force as the core for OSR activities.
b) Objective by 2005.
Ensure readiness to respond effectively in some areas at high risk of oil spills causing significant harm, including coastal waters of Ba Ria-Vung Tau province, Sai Gon-Dong Nai river area, central coastal waters from Da Nang to Nha Trang, Hai Phong city and Halong Bay coastal waters.
2. Scope of implementation of the National OSR Plan and provisions on response zones, classification of spill severity levels.
a) Scope of implementation of the National OSR Plan.
The National OSR Plan is implemented throughout the mainland, islands, and territorial waters (internal waters, territorial sea, contiguous zone, exclusive economic zone, and continental shelf of Vietnam) as defined in the Declaration of May 12, 1977, by the Government of the Socialist Republic of Vietnam regarding the territorial sea, contiguous zone, exclusive economic zone, and continental shelf of Vietnam.
OSR will be conducted in all cases of oil spills caused by any reasons, organizations, and individuals within and outside the country.
b) OSR response zones.
- Northern region includes: all provinces and cities in the North up to Quang Binh province; all coastal waters in the Gulf of Tonkin within the OSR response zone up to the 17°10'N latitude.°10N.
- Central region includes: all provinces and cities in the Central region from Quang Tri province to Binh Thuan province; all coastal waters within the OSR response zone from 17°10'N latitude to 11°20'N latitude.°From 10N to 11°20N.
- Southern region includes: all provinces and cities in the South from Ninh Thuan province to Ca Mau and Kien Giang province; all coastal waters from 11°20'N latitude southward to the end of the OSR response zone of this national plan.°20N, southward, up to the extent of the response to SCTR of this National Plan.
c) Classification of spill severity levels.
The OSR response level is classified into three levels from Level I to Level III based on the volume of oil spilled into the environment.
Level I: Less than 100 tons.
Level II: From 100 tons to 2,000 tons.
Level III: More than 2,000 tons.
3. System and operational mechanism of OSR levels.
OSR is carried out at three levels: grassroots level, regional level, and national level.
a) Grassroots level.
- All economic, social, defense, and security facilities capable of causing oil spills (hereinafter referred to as facilities) must develop their own OSR plans, invest in equipment, and organize forces to ensure timely and effective prevention and response to oil spills at levels corresponding to the potential spills they may cause, and be ready to participate in joint OSR activities under the unified command and direction of competent authorities.
- In cases where capacity and capability are limited, facilities must contract with other facilities in the region or with the Regional OSR Center to support response when oil spills occur at their facilities.
b) Regional level.
A Regional OSR Center (hereinafter abbreviated as Regional Center) is organized in each OSR response zone.
- The Regional Center operates according to the regulations of state-owned enterprises providing public services, with a professional core force ensuring sufficient conditions to implement OSR tasks at Levels II and above in the assigned zone.
- Based on a comprehensive review of the current status and needs for human resources, equipment, and materials for OSR activities in each zone, the State will invest to supplement the Regional Center to ensure its capability to fulfill OSR tasks in the assigned zone.
- The Regional Center is subject to state management by the relevant ministry or sector and directly directed by the National Committee for Search and Rescue in the field of OSR.
From now until 2004, focus on completing and putting into operation two Regional Centers in the Central and Southern regions. Based on experience gained from these two centers, the National Committee for Search and Rescue will propose a plan to build the Northern Regional Center, ensuring that by 2010, the entire country has three Regional OSR Centers in operation.
c) National level.
- In cases where oil spills exceed the response capacity of a Regional Center, the National Committee for Search and Rescue will mobilize forces from other Regional Centers, ministries, sectors, localities, and organizations and individuals to participate in OSR.
- In cases where oil spills exceed the response capacity of domestic forces, the National Committee for Search and Rescue will submit to the Prime Minister to request foreign OSR forces for assistance. The National Committee for Search and Rescue will lead and coordinate with forces in OSR activities.
4. Equipment for OSR.
a) Facilities.
Facilities must equip themselves with means and equipment to ensure OSR at levels that can occur at their facilities according to the provisions of this plan.
b) Regional Centers.
Regional Centers need to have the following main types of equipment, means, and materials:
- Technical equipment and communication devices to manage the operations of the Center.
- Specialized vessels, high-speed boats, various types of booms, dispersants, and equipment, containers, pumps, suction, spraying dispersants, oil collection systems; sediment treatment systems...
- Protective equipment and clothing for participants.
c) At directing and managing agencies.
The National Committee for Search and Rescue, the Ministry of Science, Technology, and Environment, and other related agencies shall be equipped with communication devices and other equipment appropriate to the responsibilities assigned in Article 2 of this Decision.
5. Financial resources for implementing the National OSR Plan.
a) Production and business facilities.
Financial self-assurance bases for implementing the plan to respond to oil spills at the facility.
b) Regional Centers.
Financial assurance for regional oil spill response centers shall be sourced from the following:
- State budget supplements for initial investment and ensuring certain regular activities related to oil spill response at regional centers will be considered based on Government Decree No. 56/CP dated October 2, 1996 on state-owned enterprises operating public services and Decision No. 215/1999/QĐ-TTg dated November 3, 1999 of the Prime Minister promulgating the temporary financial management regulations for search and rescue operations.
- Other lawful funding sources.
Regional centers must develop business plans to ensure their operational funding and implement the oil spill response plan.
c) Directing and managing agencies.
For activities assigned by the Government to the National Committee for Search and Rescue, the Ministry of Science, Technology, and Environment, and other relevant agencies with responsibilities stipulated in Clause 4, Article 1 of this Decision, funds from the state budget may be utilized.
Article 2. Implement the National Plan to Respond to Oil Spills.
1. The National Committee for Search and Rescue:
The National Committee for Search and Rescue is the leading agency responsible for directing and implementing the National Plan to Respond to Oil Spills, with the responsibility to:
a) Develop operational guidelines for responding to oil spills nationwide, establish a system for implementation, ensuring that oil spill responses will be managed according to unified guidelines and organizational systems across the country starting from 2002-2003.
b) Lead public awareness campaigns, education, and enhance civic responsibility, mobilize and organize the people's participation in activities aimed at socializing the tasks of preventing and responding to oil spills.
c) Direct, mobilize, lead, and coordinate various forces participating in oil spill response operations.
d) Lead and coordinate with the Ministry of Science, Technology, and Environment, and other relevant ministries and sectors to compile and submit annual plans, including the five-year plan for oil spill response from 2001-2005, to the Prime Minister for approval, and implement these plans in regions, ministries, sectors, provinces, centrally governed cities, and regularly guide, urge, and inspect the implementation of these plans according to current regulations.
đ) Direct investigations and verifications of major oil spills, advise the Prime Minister and relevant agencies on preventive measures to minimize damage caused by oil spills.
e) Organize annual drills for oil spill response, train and instruct specialized skills for oil spill response forces.
g) Serve as the national focal point for international cooperation in oil spill response. Coordinate with neighboring countries to jointly respond when oil spills occur in those areas.
h) Compile a list of international documents related to oil spill response to recommend relevant state management agencies to issue them within their authority, ensuring that by 2003, Vietnam has sufficient legal documents for domestic and foreign organizations to legally cooperate in oil spill response in Vietnam.
2. The Ministry of Science, Technology, and Environment.
a) Submit to the Government and the Prime Minister for issuance or issue within its authority policies and regulatory documents in the field of mitigating environmental consequences of oil spills. Develop and implement a five-year plan (2001-2005) for issuing these documents.
b) Guide ministries, sectors, and localities in assessing and determining environmental damage caused by oil spills and measures to mitigate such damage.
c) Organize and support the National Committee for Search and Rescue in scientific research related to oil spill response.
d) Inspect, investigate violations, resolve disputes, complaints, and denunciations within its authority.
3. The Ministry of Defense.
a) Develop and implement plans for military forces and equipment readiness to participate in coordinated oil spill response operations upon request of the National Committee for Search and Rescue.
b) Establish a regional oil spill response center in Central Vietnam within the defense rescue system. The Ministry of Defense will lead and coordinate with the National Committee for Search and Rescue, the Ministry of Planning and Investment, the Ministry of Finance, and relevant agencies to define the oil spill response mission for the Central region center, invest in necessary equipment and training for initial human resources so that the center can be ready to perform its duties from 2002-2004.
4. Vietnam Oil and Gas Corporation.
a) Develop and implement plans for petroleum industry forces and equipment readiness to participate in coordinated oil spill response operations upon request of the National Committee for Search and Rescue.
b) Establish a regional oil spill response center in Southern Vietnam within the Vietnam Oil and Gas Corporation emergency system. The Vietnam Oil and Gas Corporation will lead and coordinate with the National Committee for Search and Rescue, the Ministry of Planning and Investment, the Ministry of Finance, and relevant agencies to define the oil spill response mission for the Southern region center, invest in necessary equipment and training for initial human resources so that the center can be ready to perform its duties from 2002-2004.
5. Relevant Ministries and Sectors.
a) Direct and inspect organizations and production-business facilities under their management that have the potential to cause oil spills to develop and implement oil spill response plans according to the provisions of this plan.
b) Mobilize forces and equipment under their management to participate in oil spill response operations upon request of the National Committee for Search and Rescue.
6. People's Committees of Provinces and Centrally Governed Cities.
a) Provinces and centrally governed cities with facilities capable of causing oil spills must develop and implement local oil spill response plans based on mobilizing forces, equipment, and supplies for oil spill response from facilities under the management of state agencies, organizations, and individuals within their jurisdiction.
b) Direct and inspect organizations and production-business facilities under their management that have the potential to cause oil spills to develop oil spill response plans and implement them according to the provisions of this plan.
c) Create conditions and coordinate with forces from other ministries, sectors, and localities in monitoring and supervising sudden climate and disaster events, while directing response activities when such events occur at the local level.
Article 3. THIS DECISION SHALL TAKE EFFECT 15 DAYS AFTER THE DATE OF SIGNATURE.
Article 4. The Chairman of the National Committee for Search and Rescue, the Ministers, Heads of ministerial-level agencies, Heads of government agencies, and Chairmen of provincial and municipal People's Committees directly under the central government are responsible for implementing this Decision./.
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PRIME MINISTER (Signed) Phan Van Khai |
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