Ordinance No. 27/2000/PL-UBTVQH10 Amending and Supplementing Certain Articles of the Law on Flood and Storm Prevention

ORDINANCE

number 27/2000/PL-UBTVQH10 dated August 24, 2000

amending and supplementing certain provisions of the Law on Flood and Storm Prevention

Based on the Constitution of the Socialist Republic of Vietnam in 1992;

Pursuant to the Water Resources Law,

Pursuant to the Resolution of the National Assembly, Session X, Sixth Meeting on the Program for Legislative Work in 2000,

This Ordinance amends and supplements certain provisions of the Law on Flood and Storm Prevention which was adopted by the Standing Committee of the National Assembly on March 8, 1993.

Article 1. Amending and supplementing certain provisions of the Law on Flood and Storm Prevention as follows:

1. Article 3 is amended and supplemented:

"Article 3. The State shall uniformly manage flood and storm prevention work throughout the country.

In flood and storm prevention work, there must be plans and measures to proactively prevent and combat floods and storms according to the characteristics of each region; reduce and limit the damage caused by floods and storms; combine the interests of the whole country with those of each region; integrate modern science and technology with traditional experience of the people, in accordance with practical conditions."

2. Article 10 is amended and supplemented:

"Article 10Long-term flood and storm prevention includes:

1. Organizing and investing in the construction of a system for collecting information on global weather changes, regional weather, and local weather throughout the country; processing information to improve the quality of forecasting and warning services for directing and commanding flood and storm prevention;

2. Establishing planning standards for flood and storm prevention for each region as a basis for developing plans for constructing works and emergency response plans;

3. Planning to reinforce and invest in the construction of flood and storm prevention works; building, repairing, and protecting dykes; clearing river beds; clearing and dredging river channels; protecting and planting upstream protective forests, windbreaks, and coastal sand barriers;

4. Reasonably planning residential areas and infrastructure facilities in regions frequently affected by floods and storms;

5. Determining agricultural and fisheries production structures that are suitable and adaptable to floods and storms according to the characteristics of each region;

6. Applying advanced science and technology to flood and storm prevention work;

7. Publicizing knowledge, experience, and laws related to flood and storm prevention among the people;

8. Regularly inspecting and evaluating the implementation of long-term flood and storm prevention plans."

3. Article 15 is amended and supplemented:

Article 15The management and operation of water storage reservoirs, pumping stations, sluices through dykes, and other works related to flood and storm prevention must be carried out strictly in accordance with the approved operational procedures of the works by competent state management agencies."

4. Article 17 is amended and supplemented:

Article 17All types of ships operating at sea or on rivers must be equipped with communication systems, signaling devices, and rescue equipment for people and ships.

Ship captains, crew members, and seafarers must comply with maritime laws, inland waterway laws, storm and flood reporting regulations, and have knowledge and experience in preventing and avoiding storms and floods when receiving warnings.

Ship owners are responsible for ensuring safety equipment for people, ships, and boats.

Ship captains are responsible for checking safety equipment before allowing ships to operate."

5. Article 20 is amended and supplemented:

"Article 20. The authority and responsibility of meteorological and hydrological forecast agencies, agencies issuing flood and storm warning decisions, and agencies issuing emergency measures against floods and storms are defined as follows:

1. The General Department of Meteorology and Hydrology forecasts rain, typhoons, tropical depressions, and sea level rise throughout the country;

2. The Central Steering Committee for Flood and Storm Prevention decides on warnings and countermeasures against floods and storms throughout the country;

3. The Flood and Storm Prevention Steering Committees of Ministries, agencies equivalent to ministries, and government agencies cooperate with provincial Flood and Storm Prevention Steering Committees to decide on warnings and countermeasures against floods and storms within their jurisdiction;

4. Provincial Flood and Storm Prevention Steering Committees decide on warnings, alarms, and countermeasures against floods and storms in their respective areas; in remote areas, district Flood and Storm Prevention Steering Committees may issue warnings and alarms if necessary and must immediately report to higher-level committees;

District, town, city, and commune Flood and Storm Prevention Steering Committees and relevant departments organize the implementation of warnings, alarms, and countermeasures against floods and storms within their jurisdiction;

5. The Prime Minister decides on countermeasures against floods and storms in emergency situations.

When floods and storms end, the agency that issued the warnings and alarms and decided on countermeasures against floods and storms is responsible for announcing the cancellation of its decisions."

6. Article 21 is amended and supplemented:

"Article 21. Mobilization of forces, materials, and means for flood and storm prevention is regulated as follows:

1. In emergency situations, the Prime Minister and People's Committee Chairmen at all levels have the right to mobilize the forces, materials, and means of any organization or individual to rescue people, protect works and property threatened by floods and storms, causing damage, and are responsible for their decisions;

Armed forces have the duty to participate in flood and storm prevention and post-disaster recovery work; the military is the main force in this work;

Organizations and individuals subject to mobilization must comply with the decisions of competent state agencies;

2. Materials and means mobilized according to the decision of competent state agencies will be returned after use; if damaged, they will be compensated according to the law; persons injured or killed while participating in flood and storm prevention work will be entitled to benefits and policies under Articles 28, 29, 30, and 31 of the Law on Civic Service Obligations.

3. In cases involving dyke management, flood prevention works, typhoon prevention works, or related works that are experiencing incidents or are at risk of incidents, local authorities must mobilize forces, materials, and equipment to protect and rescue according to Article 51 of the Law on Water Resources, while reporting to the managing authority of the works and higher-level authorities.

4. The authority to decide on mobilizing public utility labor in emergency situations regarding floods and typhoons shall be carried out in accordance with Article 24 of the Ordinance on Public Utility Labor.

7. Article 22 is amended and supplemented as follows:

"Article 22. The diversion and delay of floodwaters in emergency situations shall be regulated as follows:

1. In emergency situations, when the dyke system is seriously threatened, the Prime Minister decides on measures for floodwater diversion and delay involving two provinces or centrally governed cities and above, according to plans approved by the Government; the Chairman of the People's Committee of provinces or centrally governed cities decides on measures for floodwater diversion and delay within their jurisdiction to ensure the safety of flood protection dykes, according to plans approved by the Prime Minister.

2. The Government shall specify specific emergency situations requiring floodwater diversion and delay; measures for safe evacuation of people, ensuring production and living conditions, mitigating flood damage, and providing assistance to affected areas due to floodwater diversion and delay.

8. Article 26 is amended and supplemented as follows:

"Article 26. The Government decides and directs ministries, ministerial-level agencies, government-affiliated agencies, and People's Committees at all levels to implement post-flood and typhoon recovery.

Ministries, ministerial-level agencies, and government-affiliated agencies within their respective duties and powers are responsible for organizing the implementation of post-flood and typhoon recovery.

Post-flood and typhoon recovery in any locality shall be organized and directed by the People's Committee of that locality; in cases where the locality's capacity is exceeded, the Chairman of the People's Committee must promptly report to the relevant state management agency and higher-level flood and typhoon prevention agency.

9. Article 28 is amended and supplemented as follows:

"Article 28When floods and typhoons occur, People's Committees at all levels may use financial resources for flood and typhoon prevention and control as stipulated in Article 27 of the Ordinance on Flood and Typhoon Prevention and Control to recover from flood and typhoon damage; in cases where the locality's capacity is exceeded, the Chairman of the People's Committee of provinces or centrally governed cities shall report to the Prime Minister for consideration and support.

10. Article 29 is amended and supplemented as follows:

"Article 29Financial resources for flood and typhoon prevention and control shall be used for the following tasks:

1. Rescue of people and property, and rescue of damaged works caused by floods and typhoons;

2. Planning, construction, repair, and upgrading of flood and typhoon prevention works; equipping technical means for forecasting, warning, and directing flood and typhoon prevention and control work;

3. Directing, commanding, propaganda, education, training, research, and application of science and technology for flood and typhoon prevention and control;

4. Recovery from flood and typhoon damage.

11. Article 30 is amended and supplemented as follows:

"Article 30.. People's Committees at all levels within their respective duties and powers are responsible for strictly managing and using state budget funds and funds for flood and typhoon prevention and control for their intended purposes.

People's Committees at all levels shall take the lead and coordinate with the Vietnam Fatherland Front Committee at the same level and relevant agencies to organize the timely receipt and distribution of domestic and foreign relief funds to organizations and individuals affected by floods and typhoons.

When organizations and individuals inside and outside the country directly provide relief to those affected by floods and typhoons, they need to inform the local authorities.

12. Article 32 is amended and supplemented as follows:

"Article 32. State management of flood and typhoon prevention and control work includes the following contents:

1. Establishing planning, directing the implementation of forecasting, prevention, and recovery from flood and typhoon damage;

2. Issuing and implementing normative legal documents on forecasting, prevention, and recovery from flood and typhoon damage;

3. Constructing, repairing, managing, and protecting flood and typhoon prevention works and related works;

4. Organizing the collection and processing of information related to floods and typhoons;

5. Managing financial resources for flood and typhoon prevention and control;

6. Organizing research and application of scientific and technological progress in forecasting, preventing, and controlling floods and typhoons; training staff for forecasting and flood and typhoon prevention and control work;

7. Propaganda and dissemination of knowledge, experience, and laws on flood and typhoon prevention and control;

8. Inspecting and auditing compliance with laws on forecasting, prevention, and recovery from flood and typhoon damage; resolving complaints and reports on forecasting, prevention, and recovery from flood and typhoon damage;

9. Directing the implementation of international relations in the field of flood and typhoon prevention and control.

13. Article 33 is amended and supplemented as follows:

"Article 33.

1. The Government shall uniformly manage state administration over flood and typhoon prevention and control work.

2. The Ministry of Agriculture and Rural Development shall take the lead and coordinate with other ministries, ministerial-level agencies, and government-affiliated agencies to assist the Government in managing state administration over flood and typhoon prevention and control work.

3. Ministries, ministerial-level agencies, and government-affiliated agencies shall be responsible for managing state administration over flood and typhoon prevention and control work according to the division of responsibilities assigned by the Government.

4. People's Committees at all levels shall manage state administration over flood and typhoon prevention and control work within their jurisdictions according to the division of administrative levels assigned by the Government.

The Government shall specify in detail the division of responsibilities and administrative levels for managing state administration over flood and typhoon prevention and control work.

14. Article 34 is amended and supplemented as follows:

"Article 34.

1. The Central Steering Committee for Flood and Typhoon Prevention and Control shall be established by the Prime Minister.

The Ministry of Agriculture and Rural Development shall be the permanent body of the Central Steering Committee for Flood and Typhoon Prevention and Control.

The organization, tasks, and powers of the Central Steering Committee for Flood and Typhoon Prevention and Control shall be specified by the Prime Minister.

2. The flood and storm prevention command boards of the ministries, ministerial-level agencies, and government-affiliated agencies shall be established by the ministers, heads of ministerial-level agencies, and heads of government-affiliated agencies, with the responsibility to assist the ministries, ministerial-level agencies, and government-affiliated agencies in implementing flood and storm prevention work within their respective jurisdictions.

3. Flood and storm prevention command boards at various levels in localities shall be established by the chairpersons of people's committees at various levels, with the responsibility to assist the same-level people's committees in organizing the implementation of flood and storm prevention work within their respective localities.

15. Article 35 is amended and supplemented as follows:

"Article 35. Ministries, ministerial-level agencies, government-affiliated agencies, and people's committees at various levels shall be responsible for organizing inspections on flood and storm prevention work within their respective duties and authorities in accordance with the provisions of the law.

16. Article 36 is amended and supplemented as follows:

"Article 36. Complaints and denunciations against violations of the law by organizations and individuals in flood and storm prevention work shall be carried out in accordance with the provisions of the law on complaints and denunciations.

Article 2. The Government shall amend and supplement the detailed implementing regulations of the Flood and Storm Prevention Ordinance that have been issued to be consistent with this Ordinance.