Decree No. 18/2019/ND-CP on management and implementation of activities to mitigate the consequences of bombs and explosive remnants of war

DECREE
Von management and implementation of activities to mitigate the consequences of 

unexploded ordnance after war

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on National Defense dated January 1, 2006;

"Based on the proposal of the Minister of National Defense;"

The Government promulgates this Decree on management and implementation of activities to mitigate the consequences of unexploded ordnance after war.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the management and implementation of activities to mitigate the consequences of unexploded ordnance after war within the territory of the Socialist Republic of Vietnam.

Article 2. Applicability

This Decree applies to agencies, organizations, and individuals within the country and foreign organizations and individuals related to activities to mitigate the consequences of unexploded ordnance after war within the territory of the Socialist Republic of Vietnam.

Article 3. Explanation of Terms

In this Decree, the following terms shall be understood as follows:

1. Unexploded ordnance after war refers collectively to various types of bombs, mines, grenades, explosive devices, torpedoes, underwater mines, explosives, missile warheads, artillery shells and shell warheads, ammunition, detonators, gunpowder, and explosive devices remaining after war.

2. Surveying unexploded ordnance involves activities related to collecting, analyzing, and evaluating information and data about unexploded ordnance after war and areas potentially contaminated with unexploded ordnance in a specific region.

3. Investigating unexploded ordnance involves specific interventions using equipment to inspect the condition of unexploded ordnance contamination in an area confirmed to be potentially contaminated with unexploded ordnance after surveying.

4. An area contaminated with unexploded ordnance is an area identified as having unexploded ordnance remaining after war following the completion of unexploded ordnance surveying and investigating activities.

5. Clearing unexploded ordnance involves activities to detect, collect, destroy, or render harmless unexploded ordnance remaining after war in areas identified as contaminated with unexploded ordnance in order to release land, restore production, and ensure the safety of lives and property of the people.

6. Competence certificate for surveying, investigating, and clearing unexploded ordnance is a certificate issued by the Ministry of National Defense to units, organizations, and enterprises that meet the conditions regarding equipment, technology, safety, and personnel to carry out surveying, investigating, and clearing unexploded ordnance activities in accordance with Vietnamese law.

7. Organizations mitigating the consequences of unexploded ordnance are domestic and foreign organizations operating in the field of mitigating the consequences of unexploded ordnance after war in Vietnam in accordance with the law.

8. Victims of unexploded ordnance after war are those who have died, become disabled, or suffered deformities due to unexploded ordnance remaining after war.

9. Activities to mitigate the consequences of unexploded ordnance after war are actions aimed at reducing the consequences, eliminating the impact and influence of unexploded ordnance, and restoring normal operations in areas contaminated with unexploded ordnance after war. Activities to mitigate the consequences of unexploded ordnance after war are public welfare activities.

10. Components of projects to mitigate the consequences of unexploded ordnance after war in investment projects are parts of investment projects aimed at implementing activities to mitigate the consequences of unexploded ordnance to facilitate the operation of such investment projects.

11. Tasks to mitigate the consequences of unexploded ordnance after war are activities to mitigate the consequences of unexploded ordnance assigned by the Government, the Ministry of National Defense, or competent authorities to military units or organizations mitigating the consequences of unexploded ordnance to perform.

Article 4. Content of Management and Activities to Address Consequences of Explosive Remnants of War

Management and implementation of activities to address consequences of explosive remnants of war include the following contents:

1. Investigation, survey, information collection, assessment of the extent of explosive remnants of war remaining after the war;

2. Clearance of explosive remnants of war after the war;

3. Propaganda and education on preventing accidents caused by explosive remnants of war for the people;

4. Support for victims of explosive remnants of war;

5. Training, scientific research, technology and engineering related to addressing consequences of explosive remnants of war.

Article 5. Forms of Implementation of Activities to Address Consequences of Explosive Remnants of War

1. Independent projects to address consequences of explosive remnants of war include projects implementing one or more activities to address consequences of explosive remnants of war as stipulated in Article 4 of this Decree.

2. Special projects to address consequences of explosive remnants of war include:

a) Projects to address consequences of explosive remnants of war in areas with special national monuments;

b) Projects to address consequences of explosive remnants of war in areas of particular importance to the country's defense and security according to laws on defense and security;

c) Projects to address consequences of explosive remnants of war in the field of national defense and security involving state secrets;

d) Projects to address consequences of explosive remnants of war related to chemical weapons, harmful substances, and particularly dangerous explosives.

3. Components of other investment projects

4. Tasks to address consequences of explosive remnants of war assigned by the Ministry of National Defense or competent authorities and managed according to regulations of the Minister of National Defense.

Article 6. Principles of Management and Implementation of Activities to Address Consequences of Explosive Remnants of War

1. Respect for independence, sovereignty, unity, territorial integrity, ensuring national defense, security, social order and safety according to Vietnamese law.

2. Expand participation of organizations and individuals, mobilize all domestic and international resources.

3. Ensure transparency in the use of resources.

4. Manage activities in accordance with available funds:

a) Programs, projects, tasks using state budget capital are comprehensively managed according to the Investment Law, Public Investment Law, Construction Law, and related legal documents;

b) Programs, projects, activities using ODA capital, preferential loans from foreign sponsors, non-governmental foreign aid are managed by the Government regarding policy, objectives, scale of investment, implementation costs, impact on landscape, environment, community safety, national defense, security, and project effectiveness;

c) Programs, projects, activities using other sources of capital are managed by the Government regarding objectives, scale, and impact on landscape, environment, community safety, and national defense, security.

5. Prevention and combat against corruption, loss, and waste in management and use of resources.

Article 7. Financial Sources for Implementation of Activities to Address Consequences of Explosive Remnants of War

1. State budget (including aid capital, ODA loans, preferential loans).

2. Capital of enterprises.

3. Other lawful capital sources as prescribed by law.

Article 8. War Legacy Bomb and Explosive Remnants Mitigation Support Fund

1. The War Legacy Bomb and Explosive Remnants Mitigation Support Fund is a central fund established and managed by the Ministry of Labor, Invalids and Social Affairs to promote and mobilize domestic and foreign organizations and individuals to voluntarily contribute material and financial resources for the purpose of mitigating the consequences of war bomb and explosive remnants in Vietnam, ensuring the safety of people's lives and activities, and assisting victims of bomb and explosive remnants to integrate into community life.

2. Sources of finance for the War Legacy Bomb and Explosive Remnants Mitigation Support Fund:

a) Revenue from voluntary contributions from organizations and individuals both domestically and internationally;

b) Revenue from non-repayable ODA funds and foreign non-governmental aid (if any);

c) Revenue from targeted donations with specific purposes authorized by organizations and individuals both domestically and internationally;

d) Interest income from deposits;

đ) Other lawful revenues (if any).

3. The War Legacy Bomb and Explosive Remnants Mitigation Support Fund shall be utilized to support the following activities aimed at mitigating the consequences of war bomb and explosive remnants:

a) Expenses for propaganda and education on preventing accidents caused by war bomb and explosive remnants for the public;

b) Expenses for supporting activities related to investigation, surveying, clearance, and handling of remaining war bomb and explosive remnants in Vietnam;

c) Expenses for supporting education for children who are victims or children of victims of remaining war bomb and explosive remnants in Vietnam;

d) Expenses for supporting vocational training and job creation for victims of remaining war bomb and explosive remnants in Vietnam;

đ) Expenses for supporting reconstructive surgery, functional recovery, orthopedic devices, and assistive equipment for victims of remaining war bomb and explosive remnants in Vietnam;

e) Emergency expenses for rescue, treatment, and assistance for victims from poor households or those in particularly difficult circumstances injured by remaining war bomb and explosive remnants in Vietnam;

g) Expenses for supporting resettlement, reintegration into society, and social security for residents in heavily contaminated areas due to post-war bomb and explosive remnants in affected provinces;

h) Expenses for specific purposes under support contracts or donations from organizations and individuals in accordance with the objectives and purposes of the Fund;

i) Expenses for organizing propaganda and mobilization for support for the Fund both domestically and internationally;

k) Rental expenses and other special expenses related to the Fund.

4. Management and utilization of the War Legacy Bomb and Explosive Remnants Mitigation Support Fund must ensure compliance with its objectives, timeliness, transparency, fairness, and effectiveness.

5. The Prime Minister decides on the management and utilization of the War Legacy Bomb and Explosive Remnants Mitigation Support Fund.

Article 9. Application of National Technical Standards, Standards, and Procedures for Post-War Bomb and Explosive Remnants Clearance

1. All domestic and international agencies, organizations, and individuals involved in bomb and explosive remnants clearance activities within the territory of Vietnam must comply with the provisions of national technical standards for bomb and explosive remnants clearance.

2. International and Vietnamese standards and procedures for bomb and explosive remnants clearance may be applied on a voluntary basis, except for those referenced in the national technical standards for bomb and explosive remnants clearance or those required to be applied under this Decree and relevant legal documents.

3. Standards and procedures applicable to bomb and explosive remnants clearance activities must be approved by the investment decision-maker in the investment project approval decision after receiving the review opinion of the Ministry of Defense.

4. The application of standards must ensure compliance with national technical standards for bomb and explosive remnants clearance and other relevant laws; ensuring the consistency and feasibility of the applied standards.

5. The application of new technologies for bomb and explosive remnants clearance must meet the requirements of national technical standards for bomb and explosive remnants clearance and other relevant laws.

Chapter II
ESTABLISHMENT, REVIEW, AND APPROVAL OF PROGRAMS AND PLANS TO MITIGATE THE CONSEQUENCES OF POST-WAR BOMB AND EXPLOSIVE REMNANTS

Article 10. Program and Plan to Address Consequences of Explosive Remnants of War

1. The program to address consequences of explosive remnants of war includes: National-level and provincial-level programs to address consequences of explosive remnants of war (hereinafter referred to collectively as provincial-level).

The main contents of the program to address consequences of explosive remnants of war include:

a) Objectives, orientations;

b) Contents, solutions, measures, timelines, resources for implementing activities to address consequences of explosive remnants of war;

c) Identifying the contents of addressing consequences of explosive remnants of war that need to be integrated into the socio-economic development plans of the Government and localities.

2. The plan to address consequences of explosive remnants of war is the implementation plan for the program to address consequences of explosive remnants of war, in which the use of capital shall be carried out in accordance with the Investment Law and the Public Investment Law.

Article 11. Establishment, Review, Approval of Programs to Address Consequences of Explosive Remnants of War

1. Basis for establishing programs to address consequences of explosive remnants of war:

a) Strategies, planning, socio-economic development plans of the Government and at the provincial level; approved related programs and plans;

b) National-level program to address consequences of explosive remnants of war;

c) Technical standards and standards on addressing consequences of explosive remnants of war and other relevant technical standards and standards;

d) Maps, documents, data on current socio-economic conditions, natural conditions, and current contamination by explosive remnants of war.

2. Establishing and reviewing programs to address consequences of explosive remnants of war

a) The People's Committee of the province assigns an agency under its management to establish the program to address consequences of explosive remnants of war in their locality and submit it to the Ministry of Defense for review;

b) The Ministry of Defense takes the lead in coordinating with relevant ministries and sectors to establish the national-level program to address consequences of explosive remnants of war and submit it to the Ministry of Planning and Investment for review.

3. Approving and adjusting programs to address consequences of explosive remnants of war

a) The Ministry of Defense submits to the Prime Minister for approval and adjustment of the national-level program to address consequences of explosive remnants of war;

b) The People's Committee of the province approves and adjusts the program to address consequences of explosive remnants of war at their level after receiving the review comments from the Ministry of Defense.

Article 12. Establishment, Review, Approval of Plans to Address Consequences of Explosive Remnants of War

1. Establishing and reviewing plans to address consequences of explosive remnants of war.

a) Based on the approved program to address consequences of explosive remnants of war, the head of the central agency, the People's Committee of the province assigns an agency under their management to take the lead in establishing the plan to address consequences of explosive remnants of war for the ministry, sector, or locality in line with the socio-economic development plan, medium-term and annual public investment plan, and submit it to the Ministry of Defense for review;

b) The Ministry of Defense compiles the plans to address consequences of explosive remnants of war from various ministries, sectors, and localities; establishes the national-level plan to address consequences of explosive remnants of war in line with the socio-economic development plan, medium-term and annual public investment plan, and submit it to the Ministry of Planning and Investment for review.

2. Approving plans to address consequences of explosive remnants of war

a) The Ministry of Defense submits to the Prime Minister for approval and adjustment of the national-level plan to address consequences of explosive remnants of war;

b) The head of the central agency and the People's Committee of the province approve and adjust the plan to address consequences of explosive remnants of war at their level in line with the national-level plan to address consequences of explosive remnants of war.

Article 13. Proposals, project establishment, component, and implementation plan for tasks to address the consequences of bombs and explosive remnants of war

1. Basis for proposing projects and components to address the consequences of bombs and explosive remnants of war.

a) National programs and plans to address the consequences of bombs and explosive remnants of war;

b) Programs and plans of ministries, sectors, and localities to address the consequences of bombs and explosive remnants of war;

c) Cooperation development programs and plans with foreign sponsors and non-governmental organizations from abroad;

d) Land use planning for investment projects;

đ) Results of investigations and surveys on the current contamination by bombs and explosive remnants of war;

e) Technical standards, norms, and quotas for addressing the consequences of bombs and explosive remnants of war that have been published.

2. Projects, components, and tasks to address the consequences of bombs and explosive remnants of war using state capital both within and outside the budget, ODA funds, preferential loans from foreign sponsors, and non-governmental foreign aid must be included in the approved program and plan to address the consequences of bombs and explosive remnants of war.

3. The procedures for proposing, establishing, deciding on investment policies, and making investment decisions for projects, components, and tasks to address the consequences of bombs and explosive remnants of war using state capital both within and outside the budget, ODA funds, and preferential loans from foreign sponsors shall be carried out in accordance with the Investment Law, Public Investment Law, and related legal documents.

4. For components to address the consequences of bombs and explosive remnants of war belonging to other investment projects with a total contaminated area of 100 hectares or more, or with special requirements regarding quality and progress, the investor may decide to separate them into independent projects based on specific conditions of the project. The establishment, review, decision on investment policy, and investment decision for this project will be conducted as for independent projects to address the consequences of bombs and explosive remnants of war.

5. The Ministry of National Defense shall specify the detailed procedures for preparing technical construction plans, budgets, project documents, components, and tasks for investigation, survey, and clearance of bombs and explosive remnants of war.

Article 14. Review of projects and components to address the consequences of bombs and explosive remnants of war

1. The Ministry of National Defense shall lead the review of technical construction plans and budgets for projects and components:

a) Independent projects for investigating, surveying, and clearing bombs and explosive remnants of war using state capital both within and outside the budget, ODA funds, preferential loans from foreign sponsors, and non-governmental foreign aid;

b) Components for clearing bombs and explosive remnants of war within the framework of investment projects under the authority of the Prime Minister, heads of central ministries and agencies, and provincial People's Committees to decide on investment policies and make investment decisions according to the law.

2. Government agencies specializing in addressing the consequences of bombs and explosive remnants of war shall review technical construction plans and budgets for projects under the National Action Program to Address the Consequences of Bombs and Explosive Remnants of War (Program 504), and review procedures and technical construction plans for projects and components implemented by non-governmental organizations from abroad.

3. Agencies authorized by the Ministry of National Defense shall review technical construction plans and budgets for projects and components for investigating, surveying, and clearing bombs and explosive remnants of war not covered by Clause 1 of this Article.

4. The Minister of National Defense shall stipulate the contents, procedures, and processes for reviewing technical construction plans and budgets for projects and components implementing activities to investigate, survey, and clear bombs and explosive remnants of war.

5. For projects, components, and tasks implementing activities to address the consequences of bombs and explosive remnants of war as specified in Clauses 1, 2, and 3 of Article 4 of this Decree, the review shall be carried out in accordance with current laws.

Article 15. Authority to decide on investment policies, investment decisions for projects, components, and tasks to address post-war unexploded ordnance and explosive remnants of war

1. The Prime Minister decides on investment policies and investment decisions for projects addressing post-war unexploded ordnance and explosive remnants of war using Official Development Assistance (ODA) loans, preferential loans from foreign sponsors, state capital within and outside the budget under the Prime Minister's authority as stipulated by the Investment Law and the Public Investment Law.

2. The Minister of National Defense decides on investment policies and investment decisions for special projects addressing post-war unexploded ordnance and explosive remnants of war using state capital within and outside the budget under the authority stipulated by the Investment Law and the Public Investment Law.

3. The Minister, Chairman of the People's Committee of a province approves and decides on investment for independent projects addressing post-war unexploded ordnance and explosive remnants of war using state capital within and outside the budget under the authority stipulated by the Investment Law and the Public Investment Law.

4. The owner or representative of the owner decides on investment policies and investment decisions for projects and components addressing post-war unexploded ordnance and explosive remnants of war using other sources of capital within their scope of authority as provided by law.

5. The person with the authority to decide on investment policies and investment decisions for projects, components involving investigation, survey, clearance of post-war unexploded ordnance and explosive remnants of war within investment projects bases such decisions on the technical construction plan and budget assessment by the Ministry of National Defense.

Article 16. Forms of Project Management Organization

Depending on the scale, nature, source of funds used, and implementation conditions of projects addressing post-war unexploded ordnance and explosive remnants of war, the investor decides to apply one of the following forms of project management organization:

1. A project management board for a single project, a specialized project management board, or a regional project management board applies to independent projects addressing post-war unexploded ordnance and explosive remnants of war using state capital within and outside the budget.

For components of projects addressing post-war unexploded ordnance and explosive remnants of war using state budget funds and state capital outside the budget, a separate project management board is not organized, but there must be consulting supervision and quality control personnel regarding clearance of unexploded ordnance and explosive remnants of war.

2. In cases where the investor does not have the necessary capacity to manage and implement activities to address post-war unexploded ordnance and explosive remnants of war using state capital outside the budget or other sources of capital, they may hire organizations or individuals with sufficient capacity as stipulated in this Decree to carry out such activities. Consulting organizations managing projects may undertake part or all of the project management contents according to contracts signed with the investor.

3. The investor uses specialized units under their direct management that have the necessary capacity to manage and implement projects in accordance with the law.

4. For projects using other sources of capital, the person deciding on investment decides on a suitable form of project management based on the management requirements and specific conditions of the project.

Article 17. Selection of Contractors and Assignment of Tasks in Activities Addressing Post-War Unexploded Ordnance and Explosive Remnants of War

1. Application of assignment of tasks in the following cases:

a) Projects and components involving special investigations, surveys, and clearance of post-war unexploded ordnance and explosive remnants of war;

b) Collection, relocation, and destruction of various types of unexploded ordnance and explosive remnants of war discovered by civilians during daily life, civilian construction, and agricultural activities.

2. Selection of contractors for projects and components addressing post-war unexploded ordnance and explosive remnants of war not covered by Clause 1 of this Article shall be carried out in accordance with the provisions of the law on bidding.

Article 18. Management of project costs for post-war unexploded ordnance clearance activities

1. Project cost management shall be carried out in accordance with the laws on construction investment cost management and agreements with foreign sponsors.

2. Labor costs in post-war unexploded ordnance clearance investigation, survey, and clearance activities shall be implemented as follows:

a) Wages and allowances for individuals not receiving state budget salaries who participate in post-war unexploded ordnance clearance investigation, survey, and clearance activities;

b) Allowances for individuals receiving state budget salaries who participate in post-war unexploded ordnance clearance investigation, survey, and clearance activities according to the Prime Minister's decision.

Chapter III
POST-WAR UNEXPLoded ORDNANCE CLEARANCE INVESTIGATION AND SURVEY ACTIVITIES

Article 19. Conditions for participation in post-war unexploded ordnance clearance investigation and survey activities

1. Organizations and individuals participating in post-war unexploded ordnance clearance investigation and survey activities must meet technical and safety conditions as prescribed by law, conforming to national and international standards for post-war unexploded ordnance clearance (this provision does not include military and security activities of the Military and Police).

2. The Ministry of National Defense shall unify the procedures and formalities for organizations and individuals to participate in post-war unexploded ordnance clearance investigation and survey activities nationwide.

Article 20. Management of implementation of post-war unexploded ordnance clearance investigation and survey projects and components

1. The content of management in implementing post-war unexploded ordnance clearance investigation and survey projects and components includes:

a) Quality management;

b) Schedule management;

c) Quantity management;

d) Investment cost management;

đ) Contract management;

e) Safety management;

g) Information management.

2. The Ministry of National Defense shall stipulate and guide the implementation of quality management, safety work, and information management for post-war unexploded ordnance clearance projects and components; other management contents shall be carried out in accordance with the laws on investment and construction.

Article 21. Post-war unexploded ordnance investigation and survey

1. Investigation and survey are mandatory activities aimed at collecting information about the contamination status of unexploded ordnance and must be conducted before establishing unexploded ordnance clearance projects and components.

2. Information collected from investigation and survey activities must be sent to the National Unexploded Ordnance Database Center for storage and mapping of contaminated areas. Information from previous investigations and surveys must be gathered and utilized as technical parameters during the investigation, survey, and unexploded ordnance clearance project establishment process.

3. Organizations conducting post-war unexploded ordnance investigation and survey activities must fully apply the National Standards for unexploded ordnance contamination investigation and survey, provide relevant documentation and files, share information with local authorities at all levels and agencies when required by regulations, and bear legal responsibility and compensate for damages caused by discrepancies in investigation and survey results.

Article 22. Implementation of post-war mine clearance

1. Organizations conducting mine clearance must base their construction of technical implementation plans on the results of investigations, surveys, and the depth requirements for mine clearance specified in each specific project; the arrangement of equipment and personnel on-site must be consistent with the approved technical implementation plan.

2. Mine clearance operations may only commence after the project sponsor or the agency authorized by the sponsor has inspected the construction conditions at the site and granted permission to start work.

3. Units and organizations conducting mine clearance must closely coordinate with the People's Committee of the locality where the mine clearance is being carried out, in accordance with Article 65 of the Law on Management and Use of Weapons, Explosives, and Auxiliary Tools, and report their implementation plans, emergency response plans for mine accidents, transportation and destruction plans for mines and explosives, and the results of mine clearance projects to the district-level local authorities.

Article 23. Collection, Transportation, and Destruction of Post-War Mines and Explosives

1. Mines and explosives discovered during the construction investigation, survey, and clearance process must be managed, collected, transported, and processed in accordance with the provisions of the law.

2. It is strictly prohibited for organizations and individuals without the function or responsibility of investigating, surveying, and clearing mines and explosives to carry out activities related to collecting, transporting, processing, destroying mines and explosives, and buying and selling materials and waste products from the processing of mines and explosives, except for activities related to military and security tasks.

3. The acceptance, collection, storage, liquidation, and destruction of post-war mines and explosives recovered or transferred to the Ministry of National Defense by agencies and units outside the Military must comply with the laws on weapons and explosive management, environmental protection, and be implemented according to the regulations of the Minister of National Defense.

Article 24. Acceptance and Handover of Projects and Components for Post-War Mine Clearance

1. Projects and components for post-war mine clearance are accepted and handed over when they have been fully implemented according to the approved technical implementation plan and meet quality standards as per the quality management procedures.

2. The procedures and documentation for the acceptance and handover of projects and components for investigation, survey, and mine clearance shall be conducted in accordance with the national technical standards for mine clearance. Participants in the acceptance of projects for investigation, survey, and mine clearance must include representatives of the local authority where the project is being carried out. Documentation for the handover of land after mine clearance and the destruction records must be confirmed by the People's Committee at the district level or higher and stored locally.

Chapter IV
PUBLICITY AND EDUCATION TO AVOID MINE EXPLOSIONS AND SUPPORT FOR VICTIMS OF POST-WAR MINES AND EXPLOSIVES

Article 25. Publicity and Education on Avoiding Mine Explosions After War

1. Publicity and education on avoiding mine explosions after war aims to provide knowledge about types of mines and explosives, the dangers of mines and explosives, preventive measures against mine explosions, the responsibilities of organizations and individuals in preventing mine explosions, and relevant legal provisions.

2. Publicity and education on avoiding mine explosions after war shall be conducted through various appropriate methods for different target groups, including:

a) Through the websites of ministries, ministerial-level agencies, government agencies, localities, and mass media;

b) Developing specialized materials, magazines, leaflets on post-war mine clearance activities, including materials in ethnic languages;

c) Organizing exhibitions, seminars, training sessions, and drills for publicity and education on avoiding mine explosions after war;

d) Incorporating knowledge on publicity and education on avoiding mine explosions after war into citizenship and national defense education programs at all levels in areas contaminated by mines and explosives;

đ) Organizing forums to widely disseminate policies, laws, share information and experiences on avoiding mine explosions after war.

Article 26. Rights of Victims of Explosive Remnants of War

1. To receive initial medical support, health care, functional recovery, cultural education, vocational training, employment opportunities, and social assistance from the State.

2. Children of victims of explosive remnants of war who are classified as policy beneficiaries, poor households, near-poor households, or those with particularly difficult circumstances shall be supported with scholarships, funding for purchasing educational equipment and supplies according to the provisions of the law.

3. To enjoy the rights of persons with disabilities as prescribed by law.

Article 27. Content of Support Activities for Victims of Explosive Remnants of War

1. Victims of explosive remnants of war shall receive State support for medical care when injured, purchase of health insurance, and benefits under the health insurance policy as stipulated by the health insurance regulations.

2. Support for reconstructive surgery and functional recovery.

3. Educational support, vocational training, and job placement for victims of explosive remnants of war.

4. Livelihood support and utilization of social services.

5. Resettlement support and economic development for residents in areas contaminated by explosive remnants of war.

6. Educational support for children of victims of explosive remnants of war who are classified as policy beneficiaries, poor households, near-poor households, or those with particularly difficult circumstances.

Article 28. State Policies on Victims of Explosive Remnants of War

1. Victims of explosive remnants of war shall benefit from State policies for persons with disabilities.

2. The State implements support policies to ensure that victims of explosive remnants of war receive healthcare, reconstructive surgery, and functional recovery; overcome difficulties, live independently, and integrate into society.

3. Prevention and reduction of accidents caused by explosive remnants of war.

4. Encouragement and creation of conditions for domestic and foreign agencies, organizations, enterprises, and individuals to participate in supporting victims of explosive remnants of war; mobilization of social resources to contribute to the support work for victims of explosive remnants of war.

Chapter V
MANAGEMENT OF INFORMATION AND DATA ON ACTIVITIES TO MITIGATE THE AFTERMATH OF EXPLOSIVE REMNANTS OF WAR

Article 29. Disclosure, Provision, Exploitation, and Use of Information and Data on Activities to Mitigate the Aftermath of Explosive Remnants of War

1. Information and data on activities to mitigate the aftermath of explosive remnants of war shall be disclosed and provided to agencies, organizations, and individuals according to the law on access to information.

2. The provision and use of information and data on activities to mitigate the aftermath of explosive remnants of war that are state secrets shall be carried out in accordance with the law on protecting state secrets.

3. The Ministry of National Defense shall provide detailed guidance on managing, disclosing, providing, and exploiting and using information and data on activities to mitigate the aftermath of explosive remnants of war.

Article 30. Requirements for Management and Exploitation and Use of Information and Data on Activities to Mitigate the Aftermath of Explosive Remnants of War

1. The management, storage, provision, and exploitation and use of information and data on activities to mitigate the aftermath of explosive remnants of war must comply with the provisions of the law on protecting state secrets, intellectual property rights, storage, and other relevant laws.

2. The agency managing data on mitigating the aftermath of explosive remnants of war shall have the responsibility to provide and ensure the lawful and accurate origin of information and data.

3. Information and data on activities to mitigate the aftermath of explosive remnants of war provided by competent state agencies to organizations and individuals must be used for the intended purpose and in accordance with the provisions of the law.

Article 31. Management and Construction of the National Database on Post-War Bomb and Explosive Remnants Clearance Activities

Clause 1. The national database on post-war bomb and explosive remnants clearance activities shall be established and managed at the National Mine Action Center of Vietnam.

Clause 2. Information on post-war bomb and explosive remnants clearance activities to be updated in the national database on post-war bomb and explosive remnants clearance activities includes:

Point a) A system of legal regulations on post-war bomb and explosive remnants clearance and other related legal regulations;

Point b) Standards, technical specifications, and technological processes in post-war bomb and explosive remnants clearance activities;

Point c) Data on military operations that have occurred within the territory of Vietnam;

Point d) Results of post-war bomb and explosive remnants contamination investigation and survey projects;

Point đ) Information on the discovery of bombs and explosive remnants; accidents and incidents caused by post-war bomb and explosive remnants;

Point e) Information on national and local programs, plans, and resources for post-war bomb and explosive remnants clearance;

Point g) Information on the results of post-war bomb and explosive remnants clearance project implementation, victim assistance, and public education on accident prevention from post-war bomb and explosive remnants conducted by ministries, sectors, localities, sponsors, and relevant agencies, units, and organizations;

Point h) Information on quality management activities for post-war bomb and explosive remnants clearance programs, projects, and components, victim assistance, and public education on accident prevention from post-war bomb and explosive remnants;

Point i) Data on the capacity of organizations and units participating in post-war bomb and explosive remnants clearance activities in Vietnam;

Point k) Data on victims of post-war bomb and explosive remnants;

Point l) Other relevant information.

Clause 3. Ministries, sectors, localities, and organizations and individuals shall have the responsibility to provide timely and accurate information and data on post-war bomb and explosive remnants clearance.

Chapter VI
INTERNATIONAL COOPERATION IN POST-WAR BOMB AND EXPLOSIVE REMNANTS CLEARANCE ACTIVITIES

Article 32. Principles of International Cooperation in Post-War Bomb and Explosive Remnants Clearance

Clause 1. Ensuring respect for independence, sovereignty, territorial integrity, non-interference in internal affairs, and safeguarding national interests.

Clause 2. Adhering to international treaties to which Vietnam is a member.

Clause 3. Complying with Vietnamese laws governing the management of non-governmental organization activities and the receipt, management, and utilization of non-governmental aid, development assistance, and foreign investment aimed at supporting post-war bomb and explosive remnants clearance activities in Vietnam.

Clause 4. Proactively proposing initiatives for international cooperation and mobilizing international support in the field of post-war bomb and explosive remnants clearance activities.

Clause 5. Prioritizing international cooperation in training, scientific research, technology transfer; sharing experiences; and international cooperation in resource investment for post-war bomb and explosive remnants clearance activities.

Article 33. Contents of International Cooperation in Post-War Bomb and Explosive Remnants Clearance

Clause 1. Training, scientific research, and technology transfer in post-war bomb and explosive remnants clearance.

Clause 2. Exchange and sharing of information, research materials, technology, and publications on post-war bomb and explosive remnants clearance.

Clause 3. International cooperation in post-war bomb and explosive remnants clearance.

Clause 4. International cooperation in humanitarian assistance.

Article 34. The lead agency for international cooperation in addressing the consequences of unexploded ordnance and explosive remnants of war

1. The Ministry of National Defense is the lead agency responsible to the Government for international cooperation in addressing the consequences of unexploded ordnance and explosive remnants of war.

2. Responsibilities of the lead agency for international cooperation:

a) Providing information on unexploded ordnance and explosive remnants of war to agencies and organizations as prescribed.

b) Organizing the implementation of international cooperation activities in addressing the consequences of unexploded ordnance and explosive remnants of war within its management scope.

c) Proposing the signing, accession to international treaties, and calling for international support in addressing the consequences of unexploded ordnance and explosive remnants of war in accordance with the law.

Chapter VII
TASKS AND POWERS OF AGENCIES AND ORGANIZATIONS IN ADDRESSING THE CONSEQUENCES OF UNEXPLODED ORDNANCE AND EXPLOSIVE REMNANTS OF WAR

Article 35. Contents of state management over activities addressing the consequences of unexploded ordnance and explosive remnants of war

1. The Government uniformly manages state activities addressing the consequences of unexploded ordnance and explosive remnants of war.

2. The contents of state management over activities addressing the consequences of unexploded ordnance and explosive remnants of war include:

a) Issuing and directing the implementation of normative legal documents on managing and implementing activities addressing the consequences of unexploded ordnance and explosive remnants of war.

b) Developing and issuing technical standards, policies, and systems for persons directly involved in addressing the consequences of unexploded ordnance and explosive remnants of war and victims thereof.

c) Managing the quality of activities addressing the consequences of unexploded ordnance and explosive remnants of war.

d) Supervising and evaluating the situation and results of activities addressing the consequences of unexploded ordnance and explosive remnants of war.

đ) Issuing and revoking certificates of capacity for units, organizations, and enterprises conducting investigation, survey, and clearance of unexploded ordnance and explosive remnants of war.

e) Organizing research, application of science and technology, dissemination of knowledge and laws on activities addressing the consequences of unexploded ordnance and explosive remnants of war.

g) Training human resources for activities addressing the consequences of unexploded ordnance and explosive remnants of war.

h) Managing and providing information and data on activities addressing the consequences of unexploded ordnance and explosive remnants of war.

i) International cooperation in activities addressing the consequences of unexploded ordnance and explosive remnants of war.

k) Inspecting, auditing, resolving complaints and denunciations, and handling violations related to activities addressing the consequences of unexploded ordnance and explosive remnants of war.

Article 36. Tasks and powers of the Ministry of National Defense

The Ministry of National Defense is responsible to the Government for uniformly managing state activities addressing the consequences of unexploded ordnance and explosive remnants of war, and has the following tasks and powers:

1. Managing activities of investigation, survey, and clearance of unexploded ordnance and explosive remnants of war; training and researching scientific and technological techniques for clearance of unexploded ordnance and explosive remnants of war; managing technical standards for clearance of unexploded ordnance and explosive remnants of war; managing information and data on activities addressing the consequences of unexploded ordnance and explosive remnants of war.

2. Leading and coordinating with relevant ministries, agencies, organizations, and localities in developing criteria for selecting proposals for programs addressing the consequences of unexploded ordnance and explosive remnants of war; developing and issuing technical standards, procedures, and norms applicable in activities of investigation, survey, and clearance of unexploded ordnance and explosive remnants of war within its authority.

3. Leading the compilation of national programs and plans addressing the consequences of unexploded ordnance and explosive remnants of war; coordinating with the Ministry of Planning and Investment to review and submit to the Prime Minister for approval the plan allocating funds for activities addressing the consequences of unexploded ordnance and explosive remnants of war conducted by ministries, agencies, organizations, and localities.

4. Leading and coordinating with the Ministry of Finance and relevant agencies in developing and issuing guidelines for methods of establishing budget norms applicable in the work of investigation, survey, and clearance of unexploded ordnance and explosive remnants of war.

5. Leading and coordinating with the Ministry of Labor, Invalids and Social Affairs in researching and issuing policies within its authority, norms, standards, and incentives for persons directly involved in the work of clearance of unexploded ordnance and explosive remnants of war, and supporting victims of unexploded ordnance and explosive remnants of war.

6. Leading and coordinating with relevant ministries, sectors, agencies, organizations, and localities in researching and proposing Vietnam's participation in relevant international conventions to enhance fundraising for activities addressing the consequences of unexploded ordnance and explosive remnants of war.

7. Directing and inspecting specialized agencies under its jurisdiction in organizing the review of projects, technical construction plans, and budgets for projects and components of investigation, survey, and clearance of unexploded ordnance and explosive remnants of war.

8. Leading and coordinating with relevant ministries, sectors, agencies, organizations, and localities in organizing the receipt, collection of heavy weapons, bombs, mines, grenades, explosive devices, torpedoes, explosives, missile warheads, artillery shells, and other types of weapons requiring specialized technical skills.

9. Implementing investigation, survey, and clearance of unexploded ordnance and explosive remnants of war for special projects and tasks addressing the consequences of unexploded ordnance and explosive remnants of war assigned by the Government and the Prime Minister.

10. Managing the issuance of certificates of capacity for investigation, survey, and clearance of unexploded ordnance and explosive remnants of war.

11. Managing and implementing the work of collecting, processing, storing, providing, and publishing information and data on activities addressing the consequences of unexploded ordnance and explosive remnants of war.

12. Leading the training of human resources and managing the inspection of equipment for investigation, survey, clearance, treatment, and destruction of unexploded ordnance and explosive remnants of war.

13. Directing the inspection and supervision of the quality management of projects and components addressing the consequences of unexploded ordnance and explosive remnants of war; managing and organizing the destruction of remaining unexploded ordnance and explosive remnants of war.

14. Performing the role of the official lead agency in international cooperation activities and national fundraising for the field of addressing the consequences of unexploded ordnance and explosive remnants of war.

15. Mobilizing domestic and foreign organizations and individuals to participate in programs, projects, and activities addressing the consequences of unexploded ordnance and explosive remnants of war.

16. Handle violations within their authority and resolve complaints and accusations related to the implementation of activities to mitigate the consequences of bombs and explosive remnants of war; recommend competent authorities to commend domestic agencies, organizations, individuals, and foreign sponsors for their achievements in such activities.

Article 37. Tasks and Authorities of the Ministry of Labor, Invalids and Social Affairs

1. Take the lead and coordinate with the Ministry of National Defense, relevant ministries and sectors, and localities to develop strategies for propaganda and education on preventing accidents caused by bombs and explosive remnants of war, and supporting victims of such remnants.

2. Manage and organize the implementation of assigned projects in accordance with current laws; coordinate with the Ministry of National Defense and other relevant ministries and sectors to implement related projects; based on assigned tasks, coordinate with the Ministry of Planning and Investment and the Ministry of Finance to prepare budget estimates for the state's annual budget plan, submit them to competent authorities for approval; annually, coordinate with the Ministry of National Defense to inspect and evaluate the implementation of the Program, report to the Prime Minister.

3. Update information about victims of bombs and explosive remnants of war onto the national database on activities to mitigate the consequences of bombs and explosive remnants of war.

4. Direct and manage the operations of the Vietnam Mine Action Fund and the Vietnam Mine Action Association in accordance with the provisions of the law.

Article 38. Tasks and Authorities of the Ministry of Planning and Investment

1. Take the lead and coordinate with relevant ministries and sectors to develop mechanisms for managing and coordinating domestic resources and ODA funds for activities to mitigate the consequences of bombs and explosive remnants of war, submit to the Prime Minister.

2. Take the lead and coordinate with relevant agencies in fundraising efforts, select proposals for programs and projects using ODA and concessional loans from foreign sponsors under the National Action Program to Mitigate the Consequences of Bombs and Explosive Remnants of War, submit to competent authorities for decision; coordinate with relevant agencies in managing and utilizing ODA and concessional loans from foreign sponsors; guide relevant agencies in procedures for reviewing and approving non-governmental foreign aid projects in compliance with legal regulations.

3. Take the lead and coordinate with the Ministry of Finance to allocate central government budget funds to ensure the implementation of projects and tasks to mitigate the consequences of bombs and explosive remnants of war in medium-term and annual budget plans in accordance with the Law on Investment, the Law on Public Investment, and the State Budget Law.

4. Take the lead and coordinate with relevant agencies to review programs, plans, and projects to mitigate the consequences of bombs and explosive remnants of war within the Prime Minister’s investment policy approval authority.

5. Provide information and data on ODA, concessional loans, and non-governmental foreign aid in the field of mitigating the consequences of bombs and explosive remnants of war to update the national database on activities to mitigate the consequences of bombs and explosive remnants of war.

Article 39. Tasks and Authorities of the Ministry of Public Security

1. Develop plans and schemes to ensure security and social order when accidents involving unexploded ordnance occur, coordinate with the Ministry of National Defense, relevant ministries, agencies at the level of departments, and localities to participate in rescue operations and mitigate consequences caused by unexploded ordnance.

2. Organize propaganda and mobilization, and coordinate with military agencies at the district level and military units at the regiment level or higher to organize the collection of unexploded ordnance handed over by civilians.

3. Inspect, audit, handle complaints and denunciations, and enforce violations of laws related to the management and mitigation of consequences of unexploded ordnance according to their authority.

4. Ensure security for foreign organizations and individuals operating in the field of mitigating consequences of unexploded ordnance in Vietnam.

Article 40. Tasks and Authorities of the Ministry of Foreign Affairs

1. Coordinate with relevant ministries and sectors to propose contents for meetings and exchanges on cooperation and support for mitigating consequences of unexploded ordnance between Party and State leaders and leaders of other countries and international organizations.

2. Coordinate with relevant ministries and sectors to study and propose Vietnam's participation in relevant international conventions to enhance fundraising efforts for activities to mitigate consequences of unexploded ordnance.

3. Participate in reviewing and signing framework international treaties, specific international treaties, and agreements regarding ODA funds, preferential loans, and non-governmental foreign aid to support implementation of programs and projects to mitigate consequences of unexploded ordnance.

Article 41. Tasks and Authorities of the Ministry of Finance

1. Provide opinions on financial mechanisms applicable to programs and projects using ODA funds, preferential loans from foreign sponsors to implement activities to mitigate consequences of unexploded ordnance by relevant ministries, agencies, organizations, and localities.

2. Coordinate with the Ministry of Planning and Investment to allocate state budget funds both within and outside the budget, ODA funds, preferential loans, and non-governmental foreign aid to implement medium-term five-year and annual plans to mitigate consequences of unexploded ordnance.

3. Lead in drafting and promulgating regulations guiding ministries, agencies, organizations, and localities in managing and utilizing finance in programs and projects to mitigate consequences of unexploded ordnance according to their authority.

Article 42. Tasks and Authorities of the Ministry of Construction

Lead and coordinate with the Ministry of National Defense in reviewing and issuing procedures and standards related to investigation, survey, and clearance of unexploded ordnance.

Article 43. Tasks and Authorities of the Ministry of Health

1. Implement state management of health care for victims of unexploded ordnance based on laws concerning persons with disabilities.

2. Lead the planning, construction, and implementation of upgrading healthcare facilities at commune and district levels in areas contaminated by unexploded ordnance, ensuring initial emergency capacity for unexploded ordnance victims through funds for mitigating consequences of unexploded ordnance and other sources.

Article 44. Tasks and Authorities of Relevant Ministries and Sectors

In accordance with their functions and assigned tasks, ministries and ministerial-level agencies shall be responsible for coordinating to implement activities to address the consequences of unexploded ordnance and explosive remnants of war.

Article 45. Tasks and Authorities of People's Committees at All Levels

1. Managing state affairs within the scope regulated by this Decree on their administrative territory according to the level of decentralization.

2. Closely coordinating with ministries, agencies, project sponsors, organizations, and individuals both domestically and internationally to implement programs and projects addressing the consequences of unexploded ordnance and explosive remnants of war in their locality; collecting, managing, and providing information to the National Mine Action Center about activities addressing the consequences of unexploded ordnance and explosive remnants of war in their locality.

3. The People's Committee of the province shall perform the tasks set forth in Clause 1 and Clause 2 of this Article, and shall also be responsible for:

a) Developing programs and plans to implement the program addressing the consequences of unexploded ordnance and explosive remnants of war in the province as a basis for soliciting financial support and proposing programs and projects addressing the consequences of unexploded ordnance and explosive remnants of war of the locality;

b) Organizing the establishment, management, and implementation of medium-term five-year and annual budget allocation plans for the program and projects addressing the consequences of unexploded ordnance and explosive remnants of war in the locality, integrating them into the public investment plan in the five-year and annual socio-economic development plan of the locality;

c) Proactively balancing the local budget and actively mobilizing domestic and international resources to implement programs and projects addressing the consequences of unexploded ordnance and explosive remnants of war in the locality;

d) Directing and guiding the People's Committees of districts and townships under its jurisdiction to organize the implementation of activities addressing the consequences of unexploded ordnance and explosive remnants of war according to approved programs and plans.

Article 46. Tasks and Authorities of Project Sponsors and Organizations Participating in Activities Addressing the Consequences of Unexploded Ordnance and Explosive Remnants of War

1. Strictly implementing the provisions of this Decree and related implementing regulations.

2. Implementing the registration requirements for new or renewed certificates of competence for investigation, survey, and clearance of unexploded ordnance and explosive remnants of war as prescribed by the Ministry of National Defense.

3. Being responsible for compiling and providing the National Mine Action Center with information and data on the situation and results of activities addressing the consequences of unexploded ordnance and explosive remnants of war of their unit or organization.

Article 47. National Steering Body and Coordination Agency for Activities Addressing the Consequences of Unexploded Ordnance and Explosive Remnants of War

1. The National Steering Committee for Addressing the Consequences of Unexploded Ordnance and Chemical Warfare Agents After War, chaired by the Prime Minister, serves as the national steering body for activities addressing the consequences of unexploded ordnance and explosive remnants of war.

The Ministry of National Defense is the standing office of the National Steering Committee for Addressing the Consequences of Unexploded Ordnance and Chemical Warfare Agents After War.

2. The National Mine Action Center of Vietnam is the agency responsible for coordinating activities addressing the consequences of unexploded ordnance and explosive remnants of war.

The National Mine Action Center of Vietnam operates under the direction of the Prime Minister and is managed by the Ministry of National Defense to carry out management, coordination, and implementation of tasks addressing the consequences of unexploded ordnance and explosive remnants of war.

Chapter VIII
IMPLEMENTING PROVISIONS

Article 48. Handling Violations of Laws on Mitigating the Consequences of Explosive Remnants of War

Organizations and individuals who commit violations of laws on mitigating the consequences of explosive remnants of war shall be subject to disciplinary action, administrative penalties, or criminal prosecution, depending on the nature and severity of the violation, and if damage is caused, they must provide compensation in accordance with the provisions of the law.

Article 49. Effective Date

1. This Decree takes effect from March 20, 2019.

2. The Decision No. 96/2006/QĐ-TTg dated May 4, 2006 of the Government Chairman on management and implementation of explosive remnants clearance work and other normative legal documents that conflict with this Decree are hereby abolished.

Article 50. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of all levels of People's Committees, and related organizations and individuals are responsible for implementing this Decree./.