Articles from 49 to 52 stipulate the responsibilities of ministries, sectors, and local authorities in implementing state management of civil defense. Specifically, ministries and sectors must issue relevant legal documents, direct the organization of forces to perform civil defense tasks according to mobilization orders. Local authorities from provincial to commune level have the responsibility to develop plans, implement training and mobilize civil defense forces at the local level, while ensuring the budget for this activity.
Đối tượng áp dụng
Central ministries, agencies equivalent to ministries, and local authorities from provincial to commune level
Các điểm cốt lõi
- Issue legal documents on civil defense
- Direct the organization of forces to perform civil defense tasks
- Develop civil defense plans at the local level
- Implement training and mobilize civil defense forces
- Ensure the budget for civil defense activities
🌐 Tác động xã hội từ văn bản này
- Enhance the capacity of state management of civil defense
- Ensure national security and social order in emergency situations
- Strengthen the ability to respond to natural and man-made disasters
❓ Câu hỏi thường gặp
What are the responsibilities of local authorities regarding civil defense?
Local authorities must develop plans, implement training and mobilize civil defense forces at the local level, while ensuring the budget for this activity.
What are the responsibilities of central ministries in managing civil defense?
Ministries and sectors must issue relevant legal documents and direct the organization of forces to perform civil defense tasks according to mobilization orders.
Toàn văn
|
OF THE NATIONAL ASSEMBLY __________ |
SOCIALIST REPUBLIC OF VIET NAM Independence – Freedom – Happiness ________________________ |
|
Law No.: 18/2023/QH15 |
Hanoi, June 20, 2023 |
LAW
CIVIL DEFENSE
On the basis of the Constitution of the Socialist Republic of Vietnam;
The National Assembly enacts the Civil Defense Law.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Law stipulates the principles, activities of civil defense; rights, obligations, responsibilities of agencies, organizations, and individuals in civil defense activities; state management and resources to ensure the implementation of civil defense.
Article 2. Interpretation of Terms
In this Law, the following terms shall be understood as follows:
1. Civil Defense is a component of national defense, including measures to prevent, combat, and mitigate the consequences of war; prevent, combat, and mitigate the consequences of accidents, disasters, natural calamities, and epidemics; protect the people, agencies, organizations, and the national economy.
2. Incident is an unusual situation caused by natural disasters, epidemics, human actions, or the consequences of war that cause or threaten to cause losses to people, property, and the environment.
3. Disaster is a disturbance caused by widespread dangerous epidemics or by human actions, the consequences of war, resulting in serious losses to people, property, and the environment.
4. Vulnerable Groups are individuals or groups of people with characteristics and circumstances that make them more susceptible to adverse impacts from accidents and disasters compared to other groups in the community, including children, the elderly, pregnant women or women nursing infants under 36 months old, persons with disabilities, those suffering from serious illnesses, the poor, persons lacking legal capacity, ethnic minorities living in areas with difficult socio-economic conditions, people living in areas with extremely difficult socio-economic conditions, and other groups as prescribed by law.
Article 3. Principles of Civil Defense Activities
1. Compliance with the Constitution, laws of Vietnam, and international treaties to which the Socialist Republic of Vietnam is a party.
2. Under the leadership of the Party, unified state management; promoting the role and participation of the Vietnam Fatherland Front, political-social organizations, mass organizations, and the people.
3. Organized uniformly from central to local levels; there must be clear division of labor, coordination among agencies, organizations, and forces in civil defense activities.
4. Civil defense must be prepared early and far in advance, focusing on prevention; implementing the principle of "four-in-place" combined with support from central and other local authorities and the international community; actively assessing the risk of accidents and disasters, determining the level of civil defense, and applying appropriate civil defense measures to respond promptly and mitigate the consequences of war, accidents, disasters, natural calamities, and epidemics, protecting the people, agencies, organizations, and the national economy, minimizing losses to people and property, and stabilizing the people's lives.
5. Combining civil defense with ensuring national defense and security, economic and social development, protecting the lives, health, and property of the people, protecting the environment, maintaining ecological balance, and adapting to climate change.
6. The application of measures and mobilization of resources in civil defense must be timely, reasonable, feasible, effective, avoid waste, and be appropriate to the vulnerable groups and level of civil defense as prescribed by this Law and other relevant laws.
7. Civil defense activities must ensure humanitarianism, fairness, transparency, gender equality, and prioritize vulnerable groups.
Article 4. Application of the Civil Defense Law and related laws
1. Civil defense activities on the territory of Vietnam shall be carried out in accordance with the provisions of the Civil Defense Law and the provisions of related laws.
2. In cases where other laws enacted before the Civil Defense Law comes into effect provide different regulations regarding prevention, response, and mitigation of consequences of incidents and disasters that do not conflict with the principles of this Law, such regulations shall be implemented according to those laws.
3. In cases where other laws enacted after the Civil Defense Law comes into effect need to provide specific regulations on civil defense that differ from the provisions of the Civil Defense Law, they must clearly specify the content to be implemented or not implemented according to the provisions of the Civil Defense Law, and the content to be implemented according to the provisions of such other laws.
Article 5. State policy on civil defense
1. Prioritize investment in constructing specialized civil defense works in accordance with planning and plans; purchase civil defense equipment.
2. Enhance the capacity of civil defense forces, build specialized and professional forces in organization and modern equipment; strengthen dual-use equipment for armed forces.
3. Mobilize resources from agencies, organizations, and individuals to implement and operate civil defense activities.
4. Develop, research, transfer, and apply advanced science and technology into civil defense activities.
5. Train and develop human resources, prioritizing the attraction of high-quality human resources to ensure civil defense activities.
6. Encourage and create conditions for agencies, organizations, and individuals to support material, financial, and spiritual aspects for civil defense activities on a voluntary basis, without violating Vietnamese law and consistent with international law.
7. Ensure national reserves for civil defense activities.
Article 6. Information on incidents and disasters
1. Information on the risk and development of incidents and disasters must be timely and accurate, transmitted in Vietnamese and other appropriate languages for each type of recipient, especially vulnerable groups. When necessary, it may be transmitted in ethnic minority languages and foreign languages.
2. Basic information about incidents and disasters includes the type of incident or disaster; time, location, intensity, level, and danger level of the incident or disaster; predicted affected area, forecasted development of the incident or disaster, warnings, and recommendations for response measures.
3. The Government shall stipulate the use of a single telephone number nationwide to receive information about incidents and disasters.
Article 7. Levels of civil defense
1. The level of civil defense is the classification of the degree of application of measures by various levels of government within their jurisdiction to respond to and mitigate the consequences of incidents and disasters, serving as the basis for determining responsibilities, measures, and resources of various levels of government, agencies, organizations, and individuals in civil defense.
2. The criteria for determining the level of civil defense include:
a) The scope of impact, potential spread, and possible consequences of incidents and disasters;
b) Geographic location, natural and social conditions, population characteristics, and defense and security situation of the affected areas;
c) Development, damage level, and actual damage caused by incidents and disasters;
d) The ability of local governments and civil defense forces to respond to and mitigate the consequences of incidents and disasters.
3. The levels of civil defense are defined as follows:
c) Level 3 civil defense is applied to respond to and mitigate the consequences of incidents and disasters in one or several centrally governed cities or provinces when the development and damage level of the incident or disaster exceed the response and mitigation capabilities and conditions of local authorities at the provincial level.
Article 8. Science and Technology in Civil Defense
1. Research, transfer, and apply advanced science and technology to invest in, construct civil defense works, public welfare works, and civil defense equipment to meet requirements for prevention, response, and mitigation of consequences of incidents and disasters.
2. Study and apply science and technology to forecast and warn about incidents and disasters, implement appropriate measures to prevent, respond to, and mitigate the consequences of incidents and disasters.
3. Study and apply data technology in managing, exploiting, and using information and data to serve the prevention, response, and mitigation of consequences of incidents and disasters.
Article 9. International Cooperation in Civil Defense
1. Principles of international cooperation in civil defense include:
a) Ensuring respect for independence, sovereignty, equality, mutual benefit; compliance with Vietnamese laws, international treaties to which the Socialist Republic of Vietnam is a member, and relevant international agreements;
b) Creating conditions for organizations and individuals within and outside the country, overseas Vietnamese, and international organizations to cooperate in civil defense;
c) Expanding and developing training, research, application of science, technology transfer; coordinating search and rescue operations; investing in and constructing civil defense works.
2. Contents of international cooperation in civil defense include:
a) Exchanging information on forecasting and warning about incidents, disasters, natural calamities, epidemics, and war;
b) Search and rescue, humanitarian assistance;
c) Supporting response and mitigation of consequences of incidents, disasters, natural calamities, epidemics, and war;
d) Training, exercising, investing, researching, applying science, transferring technology, constructing civil defense works.
Article 10. Prohibited Acts in Civil Defense
1. Opposing, obstructing, intentionally delaying, or refusing to comply with civil defense directives and commands from authorities or persons with authority; refusing to participate in search and rescue operations when actual conditions permit.
2. Damaging, destroying, or appropriating civil defense equipment and works.
3. Causing incidents or disasters that harm human lives and health; causing damage to state property, people's property, agency property, organization property, the environment, and the national economy.
4. Spreading false information about incidents and disasters.
5. Intentionally creating obstacles to hinder civil defense activities.
6. Constructing works that reduce or eliminate the functionality of civil defense works; illegally constructing works within the planning area of civil defense works or existing civil defense works.
7. Using specialized civil defense equipment for purposes other than their intended use; operating specialized civil defense works beyond their intended functionality.
8. Misusing positions and powers to violate laws on civil defense; shielding those who violate civil defense laws; exploiting incidents and disasters to mobilize and use resources for civil defense for improper purposes.
9. Exploiting civil defense activities or incidents and disasters to infringe upon state interests, legitimate rights and interests of organizations and individuals.
Chapter II
CIVIL DEFENSE ACTIVITIES
Section 1
PREVENTION ACTIVITIES
Article 11. Development of the National Civil Defense Strategy
1. The National Civil Defense Strategy is developed on a ten-year cycle with a twenty-year vision and is updated and adjusted every five years or when incidents, disasters, or wars occur.
2. The basis for developing the National Civil Defense Strategy includes:
a) The Party's guidelines and policies, the State's laws on civil defense, national defense, and socio-economic development linked to ensuring national defense and security; international treaties to which the Socialist Republic of Vietnam is a member;
b) The practical activities of national civil defense; international experiences in civil defense activities;
c) Results of identifying, assessing, and zoning areas at risk of incidents, disasters;
d) Resources for civil defense activities.
3. The content of the National Civil Defense Strategy includes viewpoints, objectives, orientations, tasks, solutions, programs, projects, key initiatives, and the organization of civil defense implementation throughout the country.
4. The Prime Minister promulgates the National Civil Defense Strategy.
Article 12. Development of Civil Defense Plans
1. Civil defense plans at all levels are developed on a five-year cycle and are adjusted when necessary.
2. The content of civil defense plans includes:
a) Evaluation of demographic, economic, social, national defense, security, environmental conditions, and the development status of various economic sectors and infrastructure;
b) Forecasting potential scenarios of incidents and disasters that may occur;
c) Determining measures that can be applied corresponding to each level of civil defense;
d) Identifying civil defense content to be integrated into national and local socio-economic development plans;
đ) Determining annual and five-year resource allocation and progress for implementing the civil defense plan;
e) Assigning responsibilities to agencies, organizations, and individuals.
3. The development, issuance, and adjustment of the National Civil Defense Plan are regulated as follows:
a) Based on socio-economic development plans, the National Civil Defense Strategy, the national defense plan, and the mission of protecting the homeland, the Ministry of National Defense collaborates with central ministries, equivalent ministries, and localities to develop the National Civil Defense Plan to be submitted to the Prime Minister for promulgation;
b) In case of urgent and critical requirements due to national defense, security, or national interests, the Ministry of National Defense collaborates with central ministries, equivalent ministries, and related localities to adjust the National Civil Defense Plan to be submitted to the Prime Minister for promulgation;
4. Based on socio-economic development plans, the National Civil Defense Strategy, and the National Civil Defense Plan, the central ministry or equivalent ministry's civil defense command agency takes the lead and coordinates with relevant agencies and units to develop and adjust the civil defense plan of the central ministry or equivalent ministry to be submitted to the Minister, head of the central ministry, or head of the equivalent ministry for promulgation.
5. Based on local socio-economic development plans, the National Civil Defense Strategy, the National Civil Defense Plan, and the higher-level civil defense plan, the local civil defense command agency at all levels takes the lead and coordinates with relevant agencies and units to develop and adjust their own civil defense plan to be submitted to the Chairman of the People's Committee at the same level for promulgation.
Article 13. Civil Defense Works
1. Civil defense works are constructions used for the purpose of preventing, responding to, and mitigating the consequences of accidents and disasters.
2. Civil defense works include:
a) Specialized civil defense works;
b) Other works with functions for civil defense use.
3. The construction of specialized civil defense works must follow planning and plans, be integrated with military positions in the defense area, ensure the combination of economic, cultural, and social development, and comply with relevant legal regulations.
4. The State has policies to encourage organizations and individuals to invest in building new or renovating works and technical infrastructure with functions for civil defense use.
5. The Government shall provide detailed regulations on this matter.
Article 14. Civil Defense Equipment
1. Civil defense equipment includes various means, devices, and materials ensuring civil defense activities.
2. The Ministry of National Defense shall take the lead and coordinate with central ministries, agencies at the ministerial level, and localities to submit to the Prime Minister for issuance of the list of civil defense equipment; guide the production, storage, and use of civil defense equipment.
3. Central ministries, agencies at the ministerial level, and localities shall implement investment and procurement of civil defense equipment according to the levels' civil defense plans.
Article 15. Activities for Monitoring and Supervising Risks of Accidents and Disasters
1. Investigate, survey, monitor, update, compile, process information, and forecast risks of accidents and disasters occurring.
2. Study and analyze types of accidents and disasters that may occur in the region; establish risk zoning maps for monitoring and supervision.
3. Build databases, update, interconnect, and ensure information for all levels of government and the people.
Article 16. Propaganda and Education on Civil Defense
1. Citizens are informed and disseminated about the Party's guidelines, the State's policies and laws on civil defense; equipped with knowledge on civil defense as prescribed by law.
2. The content of education and training on civil defense knowledge is included in national defense and security education courses in schools and programs for training national defense and security knowledge as stipulated by the Law on National Defense and Security Education.
3. Agencies and organizations, based on their functions and tasks, organize propaganda and apply science and technology to enhance awareness of civil defense.
Article 17. Training, Instruction, Capacity Building, and Civil Defense Drills
1. Training, instruction, and capacity building in civil defense are regulated as follows:
a) The Minister of National Defense and the Minister of Public Security issue the content and program for civil defense training for armed forces;
b) The Ministers of ministries with specialized forces for civil defense develop the content and program for civil defense training for forces under their management;
c) Provincial People's Committees direct the training and capacity building for civil defense forces in their locality.
2. Civil defense drills are regulated as follows:
a) Military agencies at all levels advise the People's Committee to organize defense area drills with civil defense content;
b) Ministries direct subordinate agencies and units to cooperate with localities within their jurisdiction to carry out civil defense drills according to the locality's plan.
Section 2
CIVIL DEFENSE ACTIVITIES WHEN THERE IS A RISK OF ACCIDENTS AND DISASTERS OCCURRING
Article 18. Measures to be applied when there is a risk of an incident or disaster
When there is a risk of an incident or disaster, the Chairperson of People's Committees at all levels may apply measures prescribed in other relevant laws and the following measures:
1. Guide and implement evacuation of people and property to safe areas; ensure means of transportation, personal protective equipment, food, medicine, drinking water, and other essential supplies for people at evacuation sites;
2. Post warning signs, set up checkpoints, and restrict access of people and vehicles to areas at risk of incidents or disasters;
3. Prioritize and facilitate access for specialized forces to the scene to promptly implement measures to respond to incidents or disasters;
4. Temporarily suspend certain activities that may increase the risk of incidents or disasters or reduce the effectiveness of measures to respond to incidents or disasters;
5. Prepare forces and equipment ready to respond to incidents or disasters.
Article 19. Preparation of forces and equipment
The work of preparing forces and equipment includes:
1. Reviewing and adjusting plans, developing mobilization schemes for forces and means to respond to incidents or disasters;
2. Inspecting existing equipment; supplementing equipment for critical areas;
3. Reviewing and preparing materials for assurance, assembly points, and shelters for people;
4. Enhancing communication support for forces in areas at high risk of incidents or disasters; preparing to receive personnel, telecommunications infrastructure, and information technology facilities in areas at high risk of incidents or disasters;
5. Increasing on-duty forces and deploying a portion of them in advance in areas at high risk of incidents or disasters to be ready to perform tasks.
Section 3
CIVIL DEFENSE ACTIVITIES WHEN INCIDENTS OR DISASTERS OCCUR
Article 20. Authority to declare and revoke civil defense levels
1. Based on the provisions of Article 7 of this Law, the authority to declare and revoke civil defense levels is stipulated as follows:
b) The Chairperson of the People's Committee at the provincial level declares and revokes Level 2 civil defense within their jurisdiction;
c) The Prime Minister declares and revokes Level 3 civil defense.
2. The Government shall provide detailed regulations on the procedures for declaring and revoking civil defense levels as specified in Clause 1 of this Article.
Article 21. Authority to mobilize and requisition forces, equipment, and assets
1. Ministers, Heads of central agencies, Heads of ministries equivalent to ministries, and government agencies decide to mobilize and requisition forces, equipment, and assets according to the law to respond to and mitigate the consequences of incidents or disasters.
2. The Chairpersons of People's Committees at all levels decide to mobilize and requisition forces, equipment, and assets of agencies, organizations, and residents under their jurisdiction according to the law to respond to and mitigate the consequences of incidents or disasters.
3. Equipment and assets requisitioned to respond to and mitigate the consequences of incidents or disasters must be returned immediately upon completion of the mission; if damaged, they shall be compensated according to the law.
4. In urgent cases, the Chairpersons of People's Committees at locations where incidents or disasters occur may request foreign organizations and individuals under their jurisdiction to assist and help in responding to and mitigating the consequences of incidents or disasters.
Article 22. Measures to be applied in civil defense level 1
1. Measures to be applied in civil defense level 1 include:
a) Evacuating people and property from dangerous areas;
b) Ensuring means of transportation, personal protective equipment, food, medicine, drinking water, and other essential supplies for people in the affected area;
c) Prohibiting or restricting access of people and vehicles to dangerous areas;
d) Preventing and combating fires and explosions; ensuring security and public order in the affected area;
đ) Decontaminating, disinfecting, sanitizing, and cleaning the environment;
e) Protecting civil defense facilities.
Article 23. Measures to be applied in civil defense level 2
1. Measures to be applied in civil defense level 2 include:
a) The measures prescribed in Clause 1 of Article 22 of this Law;
b) Social distancing and isolation appropriate to the severity of the incident or disaster in the locality;
c) Changing the form or temporarily suspending operations of schools; temporarily suspending non-essential production, business, and service activities;
d) Limiting or temporarily suspending the organization of festivals, religious ceremonies, sports competitions, cultural and artistic events, and other gatherings with large crowds;
đ) Monitoring and controlling traffic activities in the affected area;
e) Applying measures to ensure information security and cybersecurity according to the provisions of the law.
2. The Chairman of the People's Committee at the provincial level decides on the application of civil defense measures prescribed in Clause 1 of this Article.
Article 24. Measures to be applied in civil defense level 3
1. Measures to be applied in civil defense level 3 include:
a) The measures prescribed in Clause 1 of Article 23 of this Law;
b) Centralized isolation and social distancing appropriate to the severity of the incident or disaster in the locality;
c) Temporarily suspending school operations;
d) Temporarily suspending the organization of festivals, religious ceremonies, sports competitions, cultural and artistic events, and other gatherings with large crowds;
đ) Limiting or temporarily suspending exit, entry, and transit if necessary to ensure national security, public order, and community health;
e) Limiting or temporarily suspending transportation and transport activities entering and exiting the affected area, except for official reasons;
g) Temporarily suspending direct administrative procedures; applying online administrative procedures.
2. The Prime Minister decides on the application of civil defense measures prescribed in Clause 1 of this Article.
Article 25. Civil defense measures to be applied in a state of emergency
1. Civil defense measures to be applied in a state of emergency include:
a) The measures prescribed in Clause 1 of Article 24 of this Law;
b) Social distancing; centralized quarantine for people coming from and going to the affected area;
c) Providing social welfare support in quarantined areas, isolated areas, and disaster-stricken areas;
d) Stabilizing the psychology of people in the disaster-affected area;
đ) Suspending operations of production, business, and service establishments in the disaster-affected area.
2. The Prime Minister, Chairmen of People's Committees at all levels, within their respective duties and authorities, based on actual circumstances, decide on the application of measures prescribed in Clause 1 of this Article and the provisions of the law on states of emergency.
3. Commanders of military units assigned to manage martial law areas, based on actual circumstances, decide on the application of measures prescribed in Clause 1 of this Article, the provisions of the law on states of emergency, and the provisions of the law on martial law.
Article 26. Civil Defense Measures to be Applied in War Conditions
1. Civil defense measures to be applied in war conditions include:
a) Deploying observation, notification, alarm, and warning systems;
b) Organizing evacuation of people and assets;
c) Storing equipment in underground structures, caves, and grottos;
d) Stockpiling food, medicine, and drinking water;
đ) Building additional shelters, underground structures, and defensive works combined with camouflage and feints; deploying decoy targets, limiting light and noise at night;
e) Repairing and rendering ineffective weapons of mass destruction.
2. Based on actual circumstances, the authorized person decides to apply the measures stipulated in Clause 1 of Article 22, Clause 1 of Article 23, Clause 1 of Article 24, and Clause 1 of Article 25 of this Law, the measures stipulated in Clause 1 of this Article, and provisions of laws regarding war conditions.
Section 4
ACTIVITIES TO MITIGATE THE CONSEQUENCES OF INCIDENTS AND DISASTERS
Article 27. Measures to Mitigate the Consequences of Incidents and Disasters
1. Search and rescue operations; treatment of injured, poisoned, and irradiated persons.
2. Relief and support for damage recovery; repair and restoration of essential public infrastructure.
3. Mitigation of environmental pollution consequences; prevention and control of epidemics.
4. Statistics and assessment of losses.
5. Mobilization, solicitation of voluntary contributions, and allocation of relief resources.
6. Issuing and implementing special social welfare, labor, employment, tax, financial, administrative procedures, investment, production, business, service, exit, entry, and other necessary policies and measures.
Article 28. Statistics and Assessment of Losses
1. The Central Civil Defense Command Board of Ministries and equivalent agencies assist the Ministers, Heads of Departments, and Heads of equivalent agencies in statistics and assessment of losses caused by incidents and disasters within their respective areas of management, to be submitted to the National Civil Defense Steering Committee for consolidation and reporting to the Government.
2. Local-level Civil Defense Command Boards at all levels conduct statistics and assessment of losses caused by incidents and disasters within their managed areas, report to the People's Committees at the same level and superior civil defense agencies.
3. People's Committees at all levels conduct statistics and assessment of losses caused by incidents and disasters within their managed areas, report to superior People's Committees and provincial People's Committees, which then consolidate and report to the National Civil Defense Steering Committee for submission to the Government.
4. The Government shall provide detailed regulations on this matter.
Article 29. Relief and Support for Damage Recovery
People's Committees at all levels, based on statistics and assessments of losses caused by incidents and disasters in their localities, identify specific beneficiaries requiring relief and support and allocate resources for the following activities:
1. Developing plans for relief and support for damage recovery caused by incidents and disasters;
2. Providing social welfare, labor, and employment support;
3. Ensuring the livelihoods of the people, restoring production, business, services, and other social activities;
4. Supporting and mitigating environmental pollution consequences caused by incidents and disasters;
5. Implementing other activities as prescribed by law.
Article 30. Mobilization, Solicitation of Voluntary Contributions, and Allocation of Relief Resources
1. Principles for mobilization, solicitation of voluntary contributions, and allocation of relief resources to mitigate losses caused by incidents and disasters are as follows:
a) Compliance with legal regulations;
b) Based on the extent of losses incurred;
c) Ensuring fairness, transparency, timeliness, and accuracy in targeting;
đ) Coordinating with local authorities or Vietnam Fatherland Front Committees where beneficiaries reside;
đ) Meeting the basic needs of affected individuals due to incidents and disasters; prioritizing vulnerable groups.
2. Regulations for mobilization, solicitation of voluntary contributions, and allocation of relief resources are as follows:
a) The Prime Minister, Ministers, Heads of Central Departments, and Heads of equivalent agencies mobilize resources within their authority to serve urgent relief efforts and support as prescribed by law;
b) Vietnam Fatherland Front Committees and Vietnam Red Cross at all levels, political-social organizations, and other social organizations solicit voluntary contributions and allocate resources for urgent relief and support as prescribed by law;
c) Organizations, entities, and individuals soliciting voluntary contributions must comply with legal regulations; coordinate with People's Committees or Vietnam Fatherland Front Committees in the supported areas to provide relief and support to those affected by incidents and disasters.
3. The Government shall provide detailed regulations on clause 2 of this Article.
Chapter III
COMMAND AND CONTROL OF CIVIL DEFENSE FORCES
Article 31. Civil Defense Command Activities
1. Monitor and supervise the risk of accidents and disasters; keep abreast of developments in the situation; notify relevant forces and civilians of related information.
2. Determine the level and apply appropriate civil defense measures.
3. Prepare response plans; organize inspections in areas at risk of accidents and disasters.
4. Supplement forces, ready to deploy local command posts, directly direct key areas and focal points.
5. Inspect evacuation sites and assembly points to be ready for use when transitioning to a higher level of civil defense.
Article 32. Authority to Command Civil Defense
1. The Government commands civil defense nationwide.
2. The Ministry of National Defense assists the Government in commanding civil defense.
3. Central Ministries, agencies equivalent to ministries, and government agencies command, guide, and organize the implementation of civil defense within their respective management fields as prescribed by law.
4. People's Committees at all levels command and organize the implementation of civil defense in their localities as prescribed by law.
Article 33. Commanding Civil Defense Forces
1. The command of civil defense forces of central ministries, agencies equivalent to ministries, and localities is decided by the Minister, Head of Central Ministry, Director of Agency Equivalent to Ministry, and Chairperson of People's Committees at all levels.
2. The Chairman of the People's Committee at the commune level commands forces and means on the territory to respond promptly upon occurrence of accidents and disasters within the managed area.
3. Commanding in various levels of civil defense is stipulated as follows:
b) The Chairman of the People's Committee at the provincial level commands forces and means on the territory to implement Level 2 civil defense measures as prescribed in Article 23 of this Law and other measures as prescribed by relevant laws;
c) The Prime Minister commands forces and means of central ministries, agencies equivalent to ministries, and localities to implement Level 3 civil defense measures as prescribed in Article 24 of this Law and other measures as prescribed by relevant laws;
d) In cases where the response and recovery capabilities of forces and means on the territory are exceeded, the Chairman of the People's Committee at the lower level must report to the Chairman of the People's Committee at the upper level; the Chairman of the People's Committee at the provincial level must report to the National Civil Defense Steering Committee and the Prime Minister.
5. The Minister of National Defense leads and coordinates with the Minister, Head of Central Ministry, Director of Agency Equivalent to Ministry, and Chairman of the People's Committee at the provincial level, as necessary, to command units under their authority to implement civil defense in areas under military management and in Vietnam's maritime zones not within the jurisdiction of the Provincial People's Committee.
6. Commanders of military and police units mobilize and command forces under their authority to participate and coordinate in civil defense activities as prescribed by law.
Article 34. National Commanding Agency and Civil Defense Commanding Agency
1. The National Civil Defense Steering Committee is an inter-ministerial coordinating organization with the function of advising the Government and the Prime Minister on organizing, directing, and managing civil defense throughout the country. The National Civil Defense Steering Committee, the National Steering Committee for Disaster Prevention and Control, and the National Committee for Search and Rescue shall be reorganized into the National Civil Defense Steering Committee.
2. The Ministry of National Defense is the standing body of the National Civil Defense Steering Committee. Members of the National Civil Defense Steering Committee have the responsibility to take the lead in advising the Steering Committee on organizing, directing, and managing civil defense within their respective areas of management as prescribed by law.
3. Civil Defense Commanding Bodies are established at central ministries and agencies equivalent to ministries, with the function of advising the Ministers, Heads of Central Ministries, and Heads of Agencies Equivalent to Ministries on organizing, directing, and managing civil defense within their respective areas of management.
5. The Government shall specify in detail the establishment, functions, tasks, powers, and organizational structure of the National Civil Defense Steering Committee, Civil Defense Commanding Bodies of central ministries and agencies equivalent to ministries, and local Civil Defense Commanding Bodies.
Article 35. Civil Defense Forces
1. Civil Defense Forces consist of core forces and broad-based forces.
2. Core forces include:
a) Self-defense forces, civilian guards;
b) Specialized and part-time forces of the People's Army, the People's Public Security Force, and central ministries and agencies equivalent to ministries, and localities.
3. Broad-based forces are composed of the participation of the entire population.
4. The Government shall provide detailed regulations on this matter.
Chapter IV
RIGHTS AND OBLIGATIONS OF AUTHORITIES, ORGANIZATIONS, AND INDIVIDUALS IN CIVIL DEFENSE ACTIVITIES
Article 36. Rights and Obligations of Individuals
1. Individuals have the following rights:
a) Access to information on civil defense as prescribed by law;
b) Receive relief and support when suffering losses due to incidents or disasters as prescribed by law;
c) Be entitled to remuneration for labor when participating in civil defense activities pursuant to mobilization decisions made by authorized persons;
d) Have their equipment and property mobilized returned immediately upon completion of emergency response and disaster aftermath recovery; in cases where mobilized equipment and property are damaged or consumed, they shall be compensated and settled according to the provisions of law;
e) When participating in emergency response and disaster aftermath recovery activities, if their honor or dignity is harmed, they shall be restored; if they are injured, suffer health damage, or endanger their lives, they shall be considered and entitled to benefits and policies as stipulated in Clause 3, Article 41 of this Law;
2. Individuals have the following obligations:
a) Implement civil defense measures according to the local civil defense plan;
b) Participate in training, capacity building, drills, and exercises in civil defense when requested by authorized agencies; participate in civil defense activities when mobilized;
c) Prepare materials and means ready according to their ability to ensure safety before incidents or disasters occur;
d) Actively respond and recover from consequences to ensure safety for themselves and their families when incidents or disasters occur; participate in supporting the community in preventing and controlling incidents or disasters; assist those who suffer losses due to incidents or disasters in the locality; implement environmental sanitation and disease prevention in the living and working area;
e) Comply with guidance and requirements of agencies and authorized persons regarding evacuation of people and vehicles from dangerous areas; comply with mobilization decisions made by authorized persons for human resources, equipment, and property to serve urgent response activities;
f) Timely report and provide information to authorized agencies about developments and losses caused by incidents or disasters when conditions permit.
Article 37. Rights and Obligations of Agencies and Organizations
1. Agencies and organizations have the following rights:
a) Access to information on civil defense as prescribed by law;
b) Participate in civil defense activities at the local level;
c) Receive relief and support when suffering losses due to incidents or disasters as prescribed by law;
d) Have their equipment and property mobilized returned immediately upon completion of emergency response and disaster aftermath recovery; in cases where mobilized equipment and property are damaged or consumed, they shall be compensated and settled according to the provisions of law;
đ) Participate and coordinate in information dissemination, communication, and education on civil defense.
2. Agencies and organizations have the following obligations:
a) Promote and mobilize employees, members within their agencies and organizations, and citizens to comply with legal regulations on civil defense;
b) Proactively construct and protect facilities and material assets under their management to ensure safety before incidents or disasters;
c) Develop and implement plans for prevention, response, and mitigation of incident and disaster consequences;
d) Comply with decisions on mobilizing personnel, equipment, and supplies made by authorized persons to serve civil defense activities;
đ) Proactively carry out environmental sanitation and disease prevention within their management scope;
e) Proactively mitigate consequences and compensate for damages caused by incidents or disasters during production and business operations.
Article 38. Rights and Obligations of Foreign Organizations and Individuals, International Organizations
1. Foreign organizations and individuals, international organizations participating in response and mitigation activities for incident and disaster consequences in Vietnam have the following rights:
a) Exemption from import and export taxes and fees for equipment and goods serving emergency relief, search, and rescue operations as prescribed by tax and fee laws;
b) Priority procedures for entry, exit, residence for forces; import and export of equipment and goods serving relief and search and rescue operations as prescribed by law.
2. Foreign organizations and individuals, international organizations participating in response and mitigation activities for incident and disaster consequences in Vietnam have the following obligations:
a) Register their activities with competent Vietnamese authorities;
b) Operate according to the purpose registered, and comply with Vietnamese laws.
3. Foreign organizations and individuals, international organizations currently operating in Vietnam participating in response and mitigation activities for incident and disaster consequences have the rights and obligations stipulated in Articles 36, 37, Clause 1 and Clause 2 of this Article.
Chapter V
RESOURCES FOR CIVIL DEFENSE, REGIME AND POLICIES FOR CIVIL DEFENSE FORCES
Article 39. Resources for Civil Defense
1. Financial resources for civil defense include:
a) State budget;
b) Voluntary contributions from organizations and individuals;
c) Civil Defense Fund;
d) Other financial resources as prescribed by law.
2. The State ensures the budget for civil defense in accordance with the law on state budget; prioritizes the allocation of state budget funds in border areas, coastal and island regions, key areas, and important locations.
3. Assets serving civil defense are uniformly managed by the State and include:
a) Public assets at agencies, organizations, localities, and military units as prescribed by law on public asset management and use, land, and other relevant laws;
b) Assets purchased, requisitioned, mobilized, and other assets assigned by the State to agencies, organizations, localities, and military units for civil defense purposes as prescribed by law on asset purchase and requisition and other relevant laws.
4. The State has plans to build national reserves to ensure civil defense. Management and use of national reserves to ensure civil defense shall be carried out in accordance with the law on national reserves.
Article 40. Civil Defense Fund
1. The Civil Defense Fund is a state financial fund outside the budget, established at the central and provincial levels to mobilize social resources to support civil defense activities. The Civil Defense Fund shall prioritize implementing the following activities:
a) Providing emergency relief with food, drinking water, medicine, and other essential goods for individuals affected by incidents or disasters;
b) Supporting repairs and construction of housing, healthcare facilities, and schools in areas affected by incidents or disasters.
2. The Civil Defense Fund is formed from the following sources of finance:
a) Voluntary contributions from organizations and individuals within and outside the country;
b) Sources regulated from state financial funds outside the budget related to disaster response and aftermath recovery activities.
3. The principles of operation of the Civil Defense Fund are stipulated as follows:
a) Not for profit purposes;
b) Managing and using funds for their intended purposes, in accordance with the law, promptly, effectively, and ensuring transparency;
c) Supporting civil defense activities that the state budget has not yet invested in or does not meet requirements;
d) The regulation between the Civil Defense Fund and state financial funds outside the budget related to disaster response and aftermath recovery activities shall be carried out in urgent cases.
4. The Government shall provide detailed regulations on the establishment, management, and use of the Civil Defense Fund; the regulation between the Civil Defense Fund and state financial funds outside the budget related to disaster response and aftermath recovery activities.
Article 41. Treatment and Policies for Civil Defense Forces
1. Individuals performing duty at the National Civil Defense Steering Committee's headquarters, civil defense command offices of ministries and central agencies, departments equivalent to ministries, and local civil defense command offices at all levels shall enjoy treatment when carrying out their duties.
2. Individuals mobilized for training, drills, and civil defense tasks according to decisions of competent authorities shall receive allowances; if they fall ill, suffer accidents, die, or have reduced work capacity, they shall enjoy social insurance benefits, pensions, funeral expenses; if they have not participated in mandatory social insurance, the State shall support them to compensate for health and life losses in accordance with the law; those who achieve merits shall be rewarded in accordance with the law on commendation and rewards.
3. Organizations and individuals participating, coordinating, cooperating, and supporting civil defense forces who achieve merits shall be rewarded; if they suffer property damage, they shall be compensated; if they suffer damage to reputation and dignity, they shall be restored; individuals who are injured, suffer health damage, or lose their lives, themselves or their families, shall enjoy treatment and policies in accordance with the law.
4. The Government shall provide detailed regulations on this matter.
Chapter VI
RESPONSIBILITIES OF ORGANIZATIONS AND AUTHORITIES REGARDING CIVIL DEFENSE
Article 42. Content and Responsibilities of State Management in Civil Defense
1. The content of state management in civil defense includes:
a) Issuing, submitting to competent authorities for issuance, and organizing the implementation of legal normative documents on civil defense; building and directing the implementation of civil defense strategies and plans;
b) Propaganda, dissemination, education on laws and knowledge about civil defense;
c) Organizing training, drills, construction of forces, facilities, and ensuring equipment for civil defense;
d) International cooperation in civil defense;
đ) Inspection, supervision, handling of violations, resolution of complaints and denunciations, summarization, conclusion, and rewarding in civil defense.
2. The responsibilities of state management in civil defense are stipulated as follows:
a) The Government shall uniformly manage state affairs in civil defense throughout the country;
b) Ministries and agencies equivalent to ministries shall be responsible before the Government for taking the lead and coordinating to implement state management tasks in civil defense within their assigned fields throughout the country;
c) People's Committees at all levels, within their tasks and powers, shall be responsible for managing state affairs in civil defense in their respective localities.
Article 43. Responsibilities of the Ministry of National Defense
The Ministry of National Defense is responsible before the Government for managing state affairs related to civil defense; it leads and coordinates with central ministries, agencies at the ministerial level, and localities to perform the following tasks:
1. Issuing, submitting to competent authorities for issuance, and organizing the implementation of legal normative documents on civil defense within its area of management.
2. Assisting the Prime Minister in directing inter-ministerial issues related to civil defense as prescribed by law.
3. Developing and implementing the National Civil Defense Strategy and the National Civil Defense Plan; guiding central ministries, agencies at the ministerial level, and localities in building plans and ensuring equipment necessary for performing civil defense tasks within their assigned areas nationwide.
4. Developing training content, programs, exercises, and knowledge enhancement for civil defense forces within its assigned area.
5. Guiding the construction of specialized civil defense works integrated with military defense systems in defensive zones.
6. Organizing research, dissemination, and application of advanced science and technology in civil defense.
7. Implementing international cooperation in civil defense.
8. Inspecting, auditing, handling violations, resolving complaints and petitions, summarizing, concluding, and rewarding achievements in civil defense within its management scope.
Article 44. Responsibilities of the Ministry of Public Security
1. Issuing, submitting to competent authorities for issuance, and organizing the implementation of legal normative documents on civil defense within its area of management.
2. Leading and coordinating with central ministries, agencies at the ministerial level, and localities in developing plans, scenarios, and organizing the implementation of tasks to ensure political security, social order, and public safety in areas affected by incidents or disasters.
3. Leading and coordinating with the Ministry of National Defense, central ministries, agencies at the ministerial level, and provincial People's Committees in developing national-level response plans for large-scale fires and cyber security incidents.
4. Developing civil defense plans for the People's Public Security; coordinating the organization of forces and means ready to respond to incidents and disasters, search and rescue operations as prescribed.
5. Developing training content, programs, exercises, and knowledge enhancement for civil defense forces within its assigned area.
6. Leading and coordinating with central ministries, agencies at the ministerial level, and localities in combating activities that exploit incidents and disasters to cause instability in social order and public safety.
1. Issuing, submitting to competent authorities for issuance, and organizing the implementation of legal normative documents on civil defense within its area of management.
2. Leading and coordinating with central ministries, agencies at the ministerial level, and localities in implementing measures to mitigate the consequences of incidents and disasters caused by natural calamities as prescribed by laws on disaster prevention and control.
3. Leading and coordinating with central ministries, agencies at the ministerial level, and relevant localities in developing national-level response plans for dam breaches, forest fires, typhoons, low pressure systems, floods, flash floods, landslides, and other types of natural calamities.
4. Developing training content, programs, and knowledge enhancement for civil defense forces within its assigned area.
1. Issuing, submitting to competent authorities for issuance, and organizing the implementation of legal normative documents on civil defense within its area of management.
2. To take the lead and coordinate with central ministries, agencies at the level of ministries, and relevant localities to develop and implement plans and schemes for the use of transportation infrastructure and equipment within their management scope to fulfill civil defense tasks. In case of accidents or disasters, direct and manage units under their authority to organize evacuation forces and means, search and rescue operations according to the directives of the National Civil Defense Steering Committee.
3. To take the lead and coordinate with the Ministry of National Defense, the Ministry of Public Security, the Ministry of Health, relevant central ministries, and provincial People's Committees to develop national plans to respond to serious maritime vessel accidents, severe road traffic accidents, inland waterway accidents, and aircraft accidents occurring on Vietnamese territory. Implement plans and schemes for using forces and equipment to perform emergency response and disaster relief tasks, manage search and rescue teams in the transport sector, direct and guide localities to organize transport teams for civilian evacuation, provision of logistics support, and casualty transfer during accidents and disasters.
4. To coordinate with the Ministry of National Defense and the Ministry of Foreign Affairs in granting permits and coordinating with foreign forces and means to carry out search and rescue operations in case of accidents or disasters.
5. To develop training content, programs, and knowledge enhancement for civil defense forces in assigned fields.
Article 47. Responsibilities of the Ministry of Finance
1. Issuing, submitting to competent authorities for issuance, and organizing the implementation of legal normative documents on civil defense within its area of management.
2. To take the lead and coordinate with central ministries, agencies at the level of ministries, and localities to submit to competent authorities for approval the annual budget estimates for regular expenditures to fulfill civil defense tasks as prescribed by laws on state budget.
3. To organize and manage the implementation of the national reserve plan assigned by the Prime Minister; to review and submit to the Prime Minister for decision the timely and full release of national reserves to serve civil defense work according to decisions of competent authorities.
Article 48. Responsibilities of the Ministry of Health
1. Issuing, submitting to competent authorities for issuance, and organizing the implementation of legal normative documents on civil defense within its area of management.
2. To announce and provide information on disease situations, impact levels, and preventive measures.
3. To develop training content, programs, and knowledge enhancement for civil defense forces in assigned fields.
4. To coordinate with the Ministry of National Defense to plan the system of military-civilian medical facilities in border areas, coastal regions, and islands; to enhance the capacity of the health system for civil defense activities.
1. Issuing, submitting to competent authorities for issuance, and organizing the implementation of legal normative documents on civil defense within its area of management.
2. To direct and coordinate the organization of inspections and determination of areas affected by environmental pollution across provinces and countries, guide the determination of losses and the organization of remediation of environmental pollution and degradation.
3. To take the lead and coordinate with the Ministry of National Defense, the Ministry of Information and Communications, and relevant central ministries, agencies at the level of ministries, and localities to build research centers, systems for forecasting and warning natural and environmental disasters related to civil defense.
4. To organize monitoring, investigation, surveying, and data collection activities on meteorological and hydrological conditions, geological hazards.
5. To direct the implementation of forecasts and warnings, providing comprehensive and timely bulletins on forecasts and warnings of geological, meteorological, hydrological, and marine events related to civil defense for the National Civil Defense Steering Committee, central ministries, agencies at the level of ministries, localities, and mass media as prescribed.
6. To direct the study, application of science and technology, and deployment of smart solutions in monitoring, supervision, management, and handling of environmental incidents, early warning of natural disasters.
7. To develop training content, programs, and knowledge enhancement for civil defense forces in assigned fields.
Article 50. Responsibilities of the Ministry of Industry and Trade
1. Issuing, submitting to competent authorities for issuance, and organizing the implementation of regulatory legal documents on civil defense within its management scope.
2. Strictly managing the production and exploitation of nuclear power, minerals, toxic chemicals, industrial explosives to minimize the risk of accidents and disasters in the industrial sector; strictly managing the import and export of toxic and dangerous chemicals.
3. Taking the lead and coordinating with central ministries and agencies at the level of ministries to direct and guide the handling of explosions and collapses in mines at facilities producing and exploiting nuclear power, coal, oil, chemicals, and industrial explosives.
4. Taking the lead and coordinating with the Ministry of National Defense, the Ministry of Public Security, central ministries and agencies, and related localities to develop the National Plan for Responding to Oil Spills, Chemical Leaks, and Mine Collapses in Mineral Exploitation; guiding related localities to develop plans and prepare forces and means to respond to oil spills and chemical leaks according to regulations.
5. Coordinating with central ministries and agencies at the level of ministries to develop plans for energy reserves to maintain national defense, security, economic, and social activities and serve civil defense tasks.
6. Stabilizing market prices and ensuring essential goods for people in areas affected by accidents and disasters.
7. To develop training content, programs, and knowledge enhancement for civil defense forces in assigned fields.
Article 51. Responsibilities of Central Ministries and Agencies, Agencies at the Level of Ministries
Within their respective duties and powers, central ministries and agencies, agencies at the level of ministries shall be responsible for taking the lead and coordinating with the Ministry of National Defense to implement state management over civil defense and shall have the following responsibilities:
1. Issuing, submitting to competent authorities for issuance, and organizing the implementation of legal documents on civil defense within their management fields;
2. Directing subordinate agencies and units to organize the implementation of civil defense plans and measures; organizing their forces and means to perform civil defense tasks according to the orders of competent authorities.
Article 52. Responsibilities of Local Authorities
1. At all levels, People's Councils, within their respective duties and powers, shall have the following responsibilities:
a) Deciding on policies and measures to build civil defense forces and budgets to ensure the implementation of civil defense tasks at the local level as prescribed by law;
b) Supervising compliance with the Constitution, laws, and implementation of People's Council resolutions on civil defense at the local level as prescribed by law.
2. At all levels, People's Committees, within their respective duties and powers, shall be responsible for implementing state management over civil defense at the local level and shall have the following responsibilities:
a) Issuing documents to organize the implementation of civil defense tasks according to the law, resolutions of the same-level People's Council, and civil defense tasks assigned by competent authorities at the local level;
b) Directing the development and implementation of civil defense plans; deploying construction, training, and mobilization of forces to implement civil defense measures; ensuring systems and policies for civil defense forces at the local level;
c) Directing and organizing the implementation of resolutions of the same-level People's Council regarding budget guarantees for civil defense activities at the local level;
d) Directing and implementing inspection, audit, violation handling, complaint resolution, summary, conclusion, and commendation work on civil defense at the local level.
Article 53. Responsibilities of the Vietnam Fatherland Front and its member organizations
The Vietnam Fatherland Front and its member organizations, within their respective duties and powers, shall be responsible for coordinating with agencies and organizations to publicize and mobilize the people to implement laws on civil defense; supervise the implementation of laws on civil defense.
Chapter VII
IMPLEMENTING PROVISIONS
Article 54. Amending, supplementing, replacing, and abolishing certain provisions of related laws concerning civil defense
1. Amend and supplement certain provisions of the Law on Dike Management No. 79/2006/QH11, which has been amended and supplemented by Laws No. 15/2008/QH12, No. 35/2018/QH14, and No. 60/2020/QH14 as follows:
a) Replace the phrase "National Steering Committee for Flood and Storm Control and Search and Rescue" with the phrase "National Civil Defense Steering Committee" in Clause 11, Article 3, Point a and Point b, Clause 2, Article 35;
b) Replace the phrase "National Steering Committee for Flood and Storm Control" with the phrase "National Civil Defense Steering Committee" in Point d, Clause 2, Article 35 and Clause 7, Article 36.
2. Replace the phrase "National Search and Rescue Commission" with the phrase "National Civil Defense Steering Committee" in Point e, Clause 3, Article 42 of the Chemicals Law No. 06/2007/QH12, which has been amended and supplemented by Law No. 28/2018/QH14.
3. Replace the phrase "National Search and Rescue Commission" with the phrase "National Civil Defense Steering Committee" in Point đ, Clause 2, Point a and Point c, Clause 3, Point b and Point c, Clause 4, and Clause 5, Article 84 of the Atomic Energy Law No. 18/2008/QH12, which has been amended and supplemented by Law No. 35/2018/QH14.
4. Amend, supplement, and abolish certain provisions of the Law on Natural Disaster Prevention and Control No. 33/2013/QH13, which has been amended and supplemented by Law No. 60/2020/QH14 as follows:
a) Amend and supplement Clause 4, Article 3 as follows:
"4. Vulnerable groups are individuals or groups of people with characteristics and circumstances that make them more susceptible to adverse impacts from natural disasters compared to other groups in the community. Vulnerable groups include children, elderly persons, pregnant women or those nursing infants under 36 months old, persons with disabilities, persons suffering from serious illnesses, poor persons, persons lacking capacity for civil acts, ethnic minorities living in areas with difficult socio-economic conditions, persons living in areas with extremely difficult socio-economic conditions, and other groups as prescribed by law.";
b) Amend and supplement Point a, Clause 4, Article 22 as follows:
"a) The National Civil Defense Steering Committee shall guide the development of response plans corresponding to different levels of disaster risk;"
c) Amend and supplement Clause 1, Article 25 as follows:
"Based on weather forecasts and warnings of natural disasters, the Prime Minister, the National Civil Defense Steering Committee; the Civil Defense Steering Committees of ministries and equivalent agencies; and the Civil Defense Steering Committees of provincial-level administrative units shall issue directives and commands to implement measures to respond to natural disasters as stipulated by the Government."
d) Amend and supplement the opening paragraph of Article 26 as follows:
"Based on the type of natural disaster and the level of disaster risk occurring, the National Civil Defense Steering Committee; the Civil Defense Steering Committees of ministries and equivalent agencies; and local Civil Defense Steering Committees shall decide to select one or several appropriate measures as follows:"
đ) Amend and supplement the opening paragraph of Clause 4, Article 27 as follows:
"4. Based on forecasts, warnings, levels of disaster risk, and developments of natural disasters, and within their respective duties and powers, the People's Councils and local Civil Defense Steering Committees shall have the following responsibilities:"
e) Amend and supplement Point b, Clause 2, Article 29 as follows:
"b) Local People's Councils and Civil Defense Steering Committees at all levels shall take the initiative to carry out search and rescue activities within their jurisdiction; if the situation exceeds their capacity, they shall report and request support from the provincial-level People's Councils, provincial-level Civil Defense Steering Committees, and the National Civil Defense Steering Committee;"
g) Amend and supplement Clause 2, Article 31 as follows:
"2. Civil Defense Steering Committees at all levels shall be responsible for compiling losses caused by natural disasters, reporting to the same-level People's Councils, higher-level Civil Defense Steering Committees, and the National Civil Defense Steering Committee to serve the work of directing and commanding;"
h) Amend and supplement Clause 4, Article 31 as follows:
"4. Civil Defense Steering Committees of ministries and equivalent agencies shall be responsible for compiling losses caused by natural disasters and reporting to the National Civil Defense Steering Committee to serve the work of directing and commanding;"
i) Replace the phrase "National Steering Committee for Flood and Storm Control and National Search and Rescue Commission" with the phrase "National Civil Defense Steering Committee" in Point c, Clause 4, Article 22, and Clause 3, Article 27;
k) Replace the phrase "National Steering Committee for Flood and Storm Control and National Search and Rescue Commission" with the phrase "National Civil Defense Steering Committee" in Point d, Clause 4, Article 22, Clause 2, Article 23, Point b, Clause 3, Article 27, Point c, Clause 2, Article 29;
l) Replace the phrase "National Search and Rescue Commission" with the phrase "National Civil Defense Steering Committee" in Clause 4, Article 23, Clause 2, Article 27, Point d and Point đ, Clause 2, Article 29, and Clause 5, Article 40;
m) Replace the phrase "Flood and Storm Control and Search and Rescue Steering Committee" with the phrase "Civil Defense Steering Committee" in Point b, Clause 3, Article 25, Point c, Clause 3, Article 27, Point b, Clause 2, Article 30, and Clause 1, Article 31;
n) Replace the phrase "Flood and Storm Control Steering Committee of ministries and equivalent agencies" with the phrase "Civil Defense Steering Committee of ministries and equivalent agencies" in Clause 3, Article 28;
o) Replace the phrase "National Steering Committee for Flood and Storm Control" with the phrase "National Civil Defense Steering Committee" in Point c, Clause 3, Article 9, Point c, Clause 1, Article 17, Clause 1, Article 27, Clause 2, Clause 4, Article 28, Point d, Clause 2, Article 30, Point đ, Clause 2, Article 33, Point c, Clause 3, Article 42;
p) Abolish Article 44.
5. Replace the phrase "National Committee for Search and Rescue" with the phrase "National Civil Defense Steering Board" in Point b Clause 2, Point a and Point b Clause 4 Article 53, Clauses 1, 2, 3, 4, and 5 Article 56, and Point e Clause 3 Article 73 of the Law on Natural Resources, Environment, Sea, and Islands No. 82/2015/QH13, which has been amended and supplemented by some articles according to Law No. 35/2018/QH14.
6. Amend and supplement some articles of the National Defense Law No. 22/2018/QH14 as follows:
a) Repeal Clause 13 Article 2;
b) Amend and supplement Article 13 as follows:
"Article 13. Civil Defense Civil defense activities shall be carried out in accordance with the provisions of the Civil Defense Law."
7. Amend and supplement some articles of the Environmental Protection Law No. 72/2020/QH14, which has been amended and supplemented by some articles according to Law No. 11/2022/QH15, as follows:
a) Replace the phrase "Command for Flood and Storm Control and Search and Rescue" with the phrase "Civil Defense Command" in Clause 2, Points a, b, and c Clause 4 Article 124, Clause 1, Clause 2, Points a, b, and c Clause 4 Article 125, and Clause 2 Article 127;
b) Replace the phrase "National Committee for Disaster Response and Search and Rescue" with the phrase "National Civil Defense Steering Board" in Clause 2, Point a Clause 4 Article 124, Point d Clause 4 Article 125, Points c and d Clause 1, and Point b Clause 3 Article 127.
8. Replace the phrase "National Committee for Search and Rescue" with the phrase "National Civil Defense Steering Board" in Clause 3 Article 102 of the Civil Aviation Law of Vietnam No. 66/2006/QH11, which has been amended and supplemented by some articles according to Law No. 45/2013/QH13 and Law No. 61/2014/QH13.
Article 55. Effective Date
This Law takes effect from July 1, 2024.
This Law was adopted by the Fifth Session of the National Assembly of the Socialist Republic of Vietnam, the Fifteenth Legislature, on June 20, 2023.
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SPEAKER OF THE NATIONAL ASSEMBLY
Vu Dinh Hue
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