Decree No. 14/2010/NĐ-CP on the organization, tasks, powers, and coordination mechanisms of the Central Steering Committee for Flood and Storm Prevention and Control, the Command for Flood and Storm Prevention and Control and Search and Rescue of Ministries, sectors, and localities.

DECREE

Regulations on organization, tasks, powers, and coordination mechanisms of theSteering Committee for Flood and Storm Control at the Central Level, Command for Flood and Storm Prevention and Rescue Operations of Ministries, Sectors, and Localities

to prevent central flood and storm control, Command Board forprevention and control of floods and storms and

search and rescueministries, sectors, and localities

_________________

THE GOVERNMENT

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

Pursuant to the Law on Dikes dated November 29, 2006;

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;

Considering the proposal of the Minister of Agriculture and Rural Development, Head of the Central Steering Committee for Flood and Storm Prevention and Control,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of application

This Decree stipulates the organization, tasks, and powers of the Central Steering Committee for Flood and Storm Prevention and Control; Command for Flood and Storm Prevention and Rescue Operations of Ministries, Sectors, and Localities; and coordination mechanisms for operation in response to natural disaster scenarios.

Article 2. Applicability

This Decree applies to agencies, organizations, individuals within the country, foreign organizations, and individuals residing and working on the territory and maritime and island areas of Vietnam.

Article 3. Definitions

1. Natural disasters specified in this Decree include: heavy rain, tropical depression, typhoon, flood, flash flood, flooding, thunderstorm, tornado, lightning, landslide caused by floods, tidal surge, earthquake, tsunami.

2. A natural disaster scenario is the period from when one or more natural disasters as defined in Clause 1 of Article 3 begin to appear and have the potential to affect human lives, property of the State and people, and economic and social activities on the territory and maritime and island areas of the Socialist Republic of Vietnam until they no longer pose a threat to Vietnam.

Chapter II

ORGANIZATION, TASKS OF THE CENTRAL STEERING COMMITTEE FOR FLOOD AND STORM PREVENTION AND CONTROL, COMMAND FOR FLOOD AND STORM PREVENTION AND RESCUE OPERATIONS OF MINISTRIES, SECTORS, AND LOCALITIES

CENTRAL, COMMAND BOARD FOR PREVENTION AND CONTROL OF FLOODS AND STORMS AND

SEARCH AND RESCUE MINISTRIES, SECTORS, AND LOCALITIES

Article 4. The Central Steering Committee for Flood and Storm Prevention and Control

The Central Steering Committee for Flood and Storm Prevention and Control is an advisory body assisting the Government and the Prime Minister in supervising, directing, and managing preventive measures, responses, and aftermath recovery from natural disasters nationwide.

1. The Central Steering Committee for Flood and Storm Prevention and Control consists of the following members:

The Minister of Agriculture and Rural Development serves as Chairman:

One Deputy Minister of Agriculture and Rural Development serves as Vice-Chairman in charge of day-to-day operations;

One Deputy Director of the Government Office serves as Vice-Chairman;

One Deputy Chief of the General Staff of the Vietnam People's Army serves as Vice-Chairman;

Members include representatives from leading agencies: Ministry of Agriculture and Rural Development, Ministry of Natural Resources and Environment, Ministry of Public Security, Ministry of Planning and Investment, Ministry of Finance, Ministry of Industry and Trade, Ministry of Education and Training, Ministry of Information and Communications, Ministry of Culture, Sports and Tourism, Ministry of Construction, Ministry of Transport, Ministry of Health, Ministry of Science and Technology, Ministry of Foreign Affairs, Ministry of Labor, Invalids and Social Affairs, Vietnam Television, Voice of Vietnam Radio.

Based on work requirements, the Chairman of the Central Steering Committee for Flood and Storm Prevention and Control decides to supplement relevant agency and organization leaders to join the Central Steering Committee for Flood and Storm Prevention and Control.

2. Members of the Central Steering Committee for Flood and Storm Prevention and Control serve concurrently. Tasks of the members are assigned by the Chairman.

Members of the Central Steering Committee for Flood and Storm Prevention and Control are decided by the Chairman of the Central Steering Committee for Flood and Storm Prevention and Control based on proposals from relevant ministries, sectors, and agencies.

3. The Ministry of Agriculture and Rural Development is the permanent office of the Central Steering Committee for Flood and Storm Prevention and Control.

The Central Steering Committee for Flood and Storm Prevention and Control uses the national emblem seal to perform its duties.

The Committee has a permanent office managed by the Directorate of Dikes and Flood and Storm Prevention and Control. The main office is located in Hanoi, with two regional centers in Ho Chi Minh City and Da Nang. The permanent office is funded and has an account opened at the State Treasury to operate.

Article 5. Command for Flood and Storm Prevention and Rescue Operations at various local levels

Provincial, district, and commune-level Commands for Flood and Storm Prevention and Rescue Operations are established by the People's Committees at the same level, advising and assisting the People's Committees at the same level in inspecting, supervising, commanding, and managing preventive measures, responses, and aftermath recovery from natural disasters within their jurisdictions.

1. Members of the Command for Flood and Storm Prevention and Rescue Operations at the local level include:

The Chairman or Vice-Chairman of the People's Committee at the same level serves as Chairman;

The Director of the Department of Agriculture and Rural Development serves as Vice-Chairman in charge of day-to-day operations of the Provincial Command for Flood and Storm Prevention and Rescue Operations;

The head of the local military authority, the head of the local border guard authority for border areas, serves as Vice-Chairman;

Members are leaders of related agencies involved in flood and storm prevention and rescue operations at the local level;

At the commune level, members are specialized staff responsible for related fields serving as members.

2. The Department of Agriculture and Rural Development is the permanent office of the Provincial Command for Flood and Storm Prevention and Rescue Operations. The Command has a permanent office, managed concurrently by the department's water resources management agency, with a seal, funded, and has an account opened at the State Treasury to operate.

3. Based on specific conditions of the locality, the Chairman of the District People's Committee decides on a functional department under the District People's Committee to serve as the permanent office and to be funded for operation.

4. The headquarters of the Commune Command for Flood and Storm Prevention and Rescue Operations is located at the Commune People's Committee headquarters. The Command utilizes some specialized staff from the Commune People's Committee as a permanent section.

5. Members of the Command for Flood and Storm Prevention and Rescue Operations at all levels serve concurrently.

6. Tasks of the members of the Command for Flood and Storm Prevention and Rescue Operations at the local level are assigned by the Chairman.

Article 6. Command for Flood and Storm Prevention and Rescue Operations of Central Ministries and Sectors

The Flood Control and Storm Relief Command of Ministries and Sectors shall be established by the Heads of Ministries and Sectors to assist the Ministers and Sector Heads in supervising and directing the prevention, response, and aftermath recovery work for natural disasters within their functional and assigned tasks.

1. The Flood Control and Storm Relief Command of Ministries and Sectors consists of members including a leader from the Ministry or Sector serving as the Head of the Flood Control and Storm Relief Command of the Ministry or Sector. Based on the organizational structure of each Ministry or Sector, the Minister or Sector Head decides on the number, composition, and duties of the members of the Command in accordance with suitability.

2. Based on the assigned functions and tasks and the requirements for flood control, storm relief, and search and rescue operations, the Minister or Sector Head decides on the establishment of the Permanent Office for Flood Control, Storm Relief, and Search and Rescue. The Permanent Office has its own seal, receives funding, and opens an account for its activities.

3. The office of the Command is located at the Ministry or Sector's headquarters.

Article 7. Tasks of the Central Flood Control and Storm Relief Steering Committee

Implement the tasks specified in Clause 1 of Article 11 of Decree No. 08/2006/NĐ-CP dated January 16, 2006, of the Government detailing certain provisions of the Law on Flood Control and Storm Relief amended and supplemented on August 24, 2000, and the regulations on earthquake and tsunami prevention approved by the Prime Minister.

Article 8. Tasks of the Flood Control and Storm Relief Command of Localities

Assist the Chairman of the People's Committee at the same level in performing tasks of supervision, direction, and management of preventive measures, responses, search and rescue operations, and aftermath recovery for natural disasters.

Article 9. Tasks of the Flood Control and Storm Relief Command of Ministries and Sectors

Assist the Ministers and Sector Heads in performing the responsibilities of central agencies stipulated in Clauses 2 to 20 of Article 11 of Decree No. 08/2006/NĐ-CP dated January 16, 2006, of the Government detailing certain provisions of the Law on Flood Control and Storm Relief amended and supplemented on August 24, 2000, and the regulations on earthquake and tsunami prevention; decisions on search and rescue operations approved and issued by the Prime Minister.

Chapter III

POWERS AND LIMITATIONS OF THE CENTRAL FLOOD CONTROL AND STORM RELIEF STEERING COMMITTEE; FLOOD CONTROL AND STORM RELIEF COMMANDS

LOCALITIES;

SEARCH AND RESCUE MINISTRIES, SECTORS, AND LOCALITIES

Article 10. Powers of the Central Flood Control and Storm Relief Steering Committee

1. Request the Ministry of Natural Resources and Environment to direct relevant agencies to provide timely and comprehensive meteorological and hydrological information; request the Vietnam Academy of Science and Technology to direct the Institute of Geophysics to provide timely and comprehensive information on earthquakes and tsunami warnings as prescribed.

2. Request Ministries, Sectors, and localities to develop plans and implement measures for prevention, response, and aftermath recovery for natural disasters.

3. Decide on mobilizing human resources, materials, and equipment from organizations and individuals to promptly rescue and provide assistance in emergency situations exceeding the capacity of localities.

4. Chair and coordinate with the Ministries of Agriculture and Rural Development, Finance, Planning and Investment, Labor, Invalids and Social Affairs, and related agencies to propose and submit to the Prime Minister for decision-making on measures and levels of support for aftermath recovery from natural disasters.

Article 11. Powers of the Flood Control and Storm Relief Command of Localities:

1. Request specialized agencies at the same level and lower-level Flood Control and Storm Relief Commands to develop plans, schemes, allocate forces, materials, equipment, and stockpile essential supplies for flood control, storm relief, and search and rescue operations.

2. Request local meteorological and hydrological forecasting agencies to provide timely weather and hydrological danger forecasts.

3. Decide within their authority on mobilizing human resources, materials, and equipment from organizations and individuals to promptly rescue and provide assistance in emergency situations occurring within their jurisdiction.

4. The Head of the Provincial Flood Control and Storm Relief Command decides and directs measures to ensure the safety of vessels operating on rivers and seas, including permitting or prohibiting ships from sailing when there is a typhoon, tropical depression, or other conditions that may affect lives and property under local management.

5. The Head of the Provincial Flood Control and Storm Relief Command decides on suspending school classes during typhoons, floods, and dangerous natural disasters to ensure safety.

6. The Head of the Flood Control and Storm Relief Command at all levels decides and organizes the evacuation of people from dangerous areas to safe locations.

7. Decide on measures to recover from natural disaster aftermaths in localities, requiring sectors and levels to implement recovery measures, report damage and support needs to competent authorities.

Article 12. Powers of the Flood Control and Storm Relief Command of Ministries and Sectors include:

1. Request subordinate agencies and units to develop and implement annual plans and schemes for flood control, storm relief, and search and rescue operations to protect people, assets, flood control and storm relief works, and economic and social facilities within their management scope.

2. Request subordinate agencies and units to provide timely human resources, materials, technology, and equipment to meet mobilization requirements for rescue and relief operations when necessary.

3. Request subordinate units to assess and compile post-disaster damage reports, report to competent authorities, and organize recovery efforts.

Chapter IV

COORDINATION IN RESPONSE TO NATURAL DISASTER SITUATIONS

Article 13. Principles of Coordination

1. Direct responses to natural disaster situations must ensure unified command, specific division of labor, proactivity, timeliness, and appropriateness to the actual development of the situation.

2. When multiple forces participate in responding to a natural disaster situation in one area, the Head of the Flood Control and Storm Relief Command of the locality or the person authorized by the Head is the commander for the response.

3. In the event of natural disasters occurring and having the potential to affect a locality or area, the local authorities and forces in that locality or area must proactively implement responses immediately according to the principle of "4 at the spot".

Article 14. Coordination in forecasting, warning, and directing disaster prevention

1. The Central Meteorological and Hydrological Forecasting Center shall carry out forecasts for tropical depression, typhoons, and floods throughout the country; regional meteorological and hydrological stations and provincial meteorological and hydrological centers shall conduct detailed forecasts and distribute forecast information for the areas under their responsibility; the Institute of Geophysics shall issue earthquake notifications and tsunami warnings in accordance with regulations.

2. The National Steering Committee for Flood and Storm Prevention and Control shall decide on warnings and directives for preventing and responding to natural disasters nationwide; the Flood and Storm Prevention and Control and Search and Rescue Command of ministries, sectors, and localities shall decide on warnings and directives for measures to respond to natural disasters within their management scope.

Article 15. Coordination in disseminating forecast, warning, and directive information for disaster prevention

1. The National Steering Committee for Flood and Storm Prevention and Control, the Flood and Storm Prevention and Control and Search and Rescue Command of ministries, sectors, and localities, Vietnam Television, Voice of Vietnam, Marine Information Company, Border Guard Force, and local radio and television stations are the agencies responsible for officially disseminating information about forecasts, warnings, and directives for disaster prevention.

2. The agencies responsible for officially disseminating information as stipulated in Clause 1 of this Article shall proactively coordinate with relevant agencies to increase the volume and frequency of timely information dissemination to serve the operational guidance and directives of the Prime Minister and the National Steering Committee for Flood and Storm Prevention and Control.

3. The dissemination of forecast and warning information for natural disasters shall be carried out through radio and television broadcasts, public address systems, wired and wireless communication networks, and traditional communication means such as the Internet, loudspeakers, and other means of information dissemination.

Article 16. Coordination in directing disaster response

1. Situation when there is a typhoon or tropical depression

a) The National Steering Committee for Flood and Storm Prevention and Control shall direct general measures to respond to typhoons and tropical depressions.

b) The Flood and Storm Prevention and Control and Search and Rescue Command at all levels in localities shall coordinate with the local Border Guard to actively count people and vessels operating at sea, decide and organize the implementation of information and guidance for vessels to escape from dangerous areas or return to safe places to avoid typhoons and tropical depressions.

c) Military, Border Guard, and Public Security agencies at the local level shall mobilize forces and equipment to assist the people in evacuating residents, reinforcing houses, arranging anchorage positions for vessels, maintaining social order, and participating in rescue operations and protecting flood and storm prevention works as assigned by the Flood and Storm Prevention and Control and Search and Rescue Command at the local level.

d) Owners and captains of vessels currently operating at sea shall maintain regular contact with the Flood and Storm Prevention and Control and Search and Rescue Command, border guard posts, and local fisheries management agencies to report the position, technical condition of the vessel, number of people on board, and take proactive measures to escape from the affected areas of typhoons and tropical depressions.

đ) Communities on land and islands shall implement response measures, reinforce houses or evacuate proactively to ensure safety; participate in flood prevention activities as mobilized by the Flood and Storm Prevention and Control and Search and Rescue Command at the local level.

2. Situation when there is a large flood, flash flood, or landslide

a) Traffic management

The Flood and Storm Prevention and Control and Search and Rescue Command at all levels in localities shall decide to mobilize and direct police forces, traffic management agencies, and local volunteer youth forces to implement measures, provide guidance, and manage traffic flows to ensure the safety of traffic activities, deploy forces to stand by at ferry terminals and weak areas.

b) Patrol and guard the dyke according to the alarm level

The Flood and Storm Prevention and Control and Search and Rescue Command at localities shall direct specialized agencies and patrol and guard forces to conduct patrols and guard the dykes according to the alarm level; mobilize forces to handle emergencies immediately from the first hour.

c) Organizing response to flash floods and landslides

The Flood and Storm Prevention and Control and Search and Rescue Command at all levels in localities, especially at the commune level, must strengthen key cadres, specialized cadres, volunteer youth, rescue and evacuation equipment, communication facilities, materials, and essential supplies ready in weak areas, high-risk zones, and easily isolated regions.

d) Organizing evacuation to ensure the safety of lives and property of the people.

The Flood and Storm Prevention and Control and Search and Rescue Command at the local level shall decide, direct, and implement the evacuation of people and property from areas at risk of flooding, flash floods, and landslides to ensure the safety of lives and property of the people.

đ) Operating and implementing protection of water storage reservoirs.

The National Steering Committee for Flood and Storm Prevention and Control shall direct the operation of the inter-reservoir system of Hoa Binh, Thac Ba, Tuyen Quang hydropower dams, and other reservoirs according to the division of labor by the Prime Minister.

The Flood and Storm Prevention and Control and Search and Rescue Command at the provincial and district levels shall direct reservoir management agencies to operate the works according to the approved procedures by the competent authority; proactively mobilize materials, equipment, and forces to handle emergencies and ensure the safety of reservoirs.

3. Situation when there is a tsunami warning

Upon receiving a tsunami warning, the Flood and Storm Prevention and Control and Search and Rescue Command of ministries, sectors, and localities shall implement information dissemination, organization of response, and evacuation of people according to the Regulation on Earthquake and Tsunami Prevention issued together with Decision No. 78/2007/QĐ-TTg dated May 29, 2007, of the Prime Minister.

The community shall proactively evacuate to safe locations immediately upon receiving a tsunami warning.

4. Situation when there is an earthquake warning

In the event of an earthquake, the Flood Control, Storm Prevention, and Search and Rescue Committees of ministries, sectors, and localities shall coordinate to implement the information system, organize responses, evacuate people according to the Earthquake and Tsunami Prevention Regulation issued together with Decision No. 78/2007/QĐ-TTg dated May 29, 2007 of the Government Prime Minister.

The community proactively reports to those in authority about information on victims who are still trapped or buried.

Article 17. Coordination in rescue and search and rescue operations

1. Rescuing dikes and flood prevention works

The Flood Control, Storm Prevention, and Search and Rescue Committee at the locality mobilizes forces and means available locally, forces from organizations; individuals, military forces stationed in the area to carry out rescue operations; prepares resources, materials, and means to support neighboring areas when requested.

In situations exceeding the capacity of the locality, the Flood Control, Storm Prevention, and Search and Rescue Committee at the locality promptly reports to the higher-level Flood Control, Storm Prevention, and Search and Rescue Committee requesting assistance.

The Central Steering Committee for Flood Control and Storm Prevention directs ministries, sectors, and localities to cooperate with military forces in rescuing dikes, reservoirs, and water conservancy works, flood control, and storm prevention works when major incidents occur that exceed the capacity of the locality to handle.

2. Search and rescue operations at sea

Search and rescue operations at sea are carried out according to the Sea Search and Rescue Coordination Regulation issued pursuant to Decision No. 103/2007/QĐ-TTg dated July 12, 2007 of the Government Prime Minister.

3. Search and rescue operations on land

The Flood Control, Storm Prevention, and Search and Rescue Committees of localities take the lead, mobilize forces and means within their jurisdiction to actively carry out search and rescue operations.

In cases where the situation exceeds the capacity of the locality, the Flood Control, Storm Prevention, and Search and Rescue Committee at the locality promptly reports to the higher-level Flood Control, Storm Prevention, and Search and Rescue Committee or the National Search and Rescue Commission requesting assistance.

Upon receiving a request for assistance, the National Search and Rescue Commission mobilizes its own forces and means, as well as those of other ministries, sectors, and localities to participate in search and rescue operations.

Article 18. Coordination in emergency relief, recovery, and reconstruction

1. Emergency relief

The Flood Control, Storm Prevention, and Search and Rescue Committees of localities conduct damage assessment and determine the need for emergency relief within their jurisdiction; mobilize reserve resources and other resources at the local level to provide timely relief.

In cases where the need for relief exceeds the capacity of the locality to handle, a comprehensive report must be compiled and reported to higher levels to request assistance.

The provincial Flood Control, Storm Prevention Committees and ministries direct a comprehensive assessment of damages and needs for support within the scope of the locality and the ministry reports to the Government Prime Minister and the Central Steering Committee for Flood Control and Storm Prevention, which coordinates with relevant ministries to compile and propose measures for handling, submitting to the Government Prime Minister for consideration and decision.

In cases of severe natural disasters with wide-ranging impacts, the Central Steering Committee for Flood Control and Storm Prevention takes the lead, coordinating with the Ministry of Foreign Affairs to report to the Government Prime Minister for consideration and decision regarding calling for international community support.

2. Recovery and reconstruction after natural disasters

After the end of the disaster period, the Chairman of the Provincial People's Committee, ministers, and heads of agencies equivalent to ministries direct related agencies to inspect, assess damages, determine priorities, and develop plans for recovery and reconstruction, mobilizing resources at the local and ministry levels including state, business community, organizations, and the public to organize recovery and reconstruction.

In cases where the need exceeds the resource capacity of the locality and ministry, the minister, head of the ministry, and chairman of the provincial people's committee report to the Government Prime Minister for support decisions. If the financial budget for the fiscal year is insufficient for recovery and reconstruction, ministries and localities allocate it to the next fiscal year's financial plan to address recovery and reconstruction.

Chapter V

FINANCIAL GUARANTEES FOR THE ACTIVITIES OF THE CENTRAL STANDING COMMITTEE FOR FLOOD CONTROL AND STORM PREVENTION;

 FLOOD CONTROL, STORM PREVENTION, AND SEARCH AND RESCUE COMMITTEES

SEARCH AND RESCUE MINISTRIES, SECTORS, AND LOCALITIES

Article 19. The state budget ensures funding for the activities of the Central Standing Committee for Flood Control and Storm Prevention, Flood Control, Storm Prevention, and Search and Rescue Committees of ministries and sectors, and localities to cover the following items:

1. Organizing meetings; travel expenses; directly directing at the site of the disaster; public services; office supplies; communication; data collection for disaster prevention and mitigation.

2. Duty roster for flood and storm prevention at the permanent office.

3. Training, training, education, and drills on flood and storm prevention and search and rescue operations.

4. Dissemination, propaganda, and raising public awareness about laws and disaster knowledge annually.

5. Compensation and payment for materials, equipment, fuel, and remuneration for individuals and organizations mobilized to participate in emergency situations related to flood and storm prevention and search and rescue operations.

6. Funding for activities rewarding individuals and organizations with outstanding achievements in flood and storm prevention and search and rescue operations.

Article 20. The Permanent Office of the Central Standing Committee for Flood Control and Storm Prevention, the Permanent Office of the Flood Control, Storm Prevention, and Search and Rescue Committees of ministries and sectors, and the Permanent Office or agency of the Flood Control, Storm Prevention, and Search and Rescue Committees of localities annually prepare budgets for the items specified in Article 19 of this Decree, report to the competent authority for approval, and implement according to the State Budget Law.

Chapter VI

REWARD AND VIOLATION HANDLING

Article 21. Awards

Organizations and individuals with outstanding achievements in implementing the provisions of this Decree will be rewarded according to the law.

Article 22. Handling of violations

Organizations and individuals failing to fulfill the responsibilities stipulated in this Decree will be subject to disciplinary action, administrative penalties, or criminal prosecution according to the law depending on the nature and severity of the violation.

Chapter VII

IMPLEMENTING PROVISIONS

Article 23. Effectiveness

This Decree takes effect from April 20, 2010, replacing Decree No. 168-HĐBT dated May 19, 1990, issued by the Council of Ministers (now the Government), concerning the organization and tasks of the Central Steering Committee for Flood and Storm Prevention and Response and the Steering Committees for Flood and Storm Prevention and Response at all levels and sectors. All previous provisions that conflict with this Decree are hereby abolished.

Article 24. Responsibility for Implementation

The Minister - Head of the Central Steering Committee for Flood and Storm Prevention and Response, ministers, heads of sectors, chairpersons of local People's Committees at all levels, heads of Steering Committees for Flood and Storm Prevention and Response and Search and Rescue at ministries, sectors, and localities, and related organizations and individuals are responsible for implementing this Decree./.