Circular No. 29/2010/TT-BGTVT on flood and storm prevention, control, and aftermath mitigation in the maritime sector

CIRCULAR

Rules on prevention, control, and mitigation of flood and storm consequences

in the maritime sector

______________

The Government promulgates this Decree amending and supplementing certain articles of Decree No. 162/2013/NĐ-CP dated November 12, 2013 of the Government on administrative penalties for violations in maritime, island, and continental shelf areas of the Socialist Republic of Vietnam.

Pursuant to the Ordinance on Flood and Storm Prevention and Control dated March 20, 1993, and the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Flood and Storm Prevention and Control dated August 24, 2000;

Pursuant to Decree No. 08/2006/NĐ-CP dated January 16, 2006 of the Government detailing certain provisions of the Ordinance on Flood and Storm Prevention and Control amended and supplemented on August 24, 2000;

Pursuant to Decree No. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 14/2010/NĐ-CP dated February 27, 2010 of the Government stipulating the organization, tasks, powers, and coordination mechanism of the Central Steering Committee for Flood and Storm Prevention and Control, the Steering Committees for Flood and Storm Prevention and Control and Search and Rescue at ministries, sectors, and localities;

Pursuant to Decision No. 63/2002/QĐ-TTg dated May 20, 2002 of the Prime Minister on Flood and Storm Prevention and Control;

The Minister of Transport hereby stipulates rules on prevention, control, and mitigation of flood and storm consequences in the maritime sector as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular stipulates rules on prevention, control, and mitigation of flood and storm consequences in the maritime sector.

Article 2. This Circular applies to organizations and individuals within Vietnam and foreign entities operating in the maritime sector in Vietnam related to prevention, control, and mitigation of flood and storm consequences in the maritime sector.

Article 2. Application of Law

Prevention, control, and mitigation of flood and storm consequences in the maritime sector must be carried out in accordance with the provisions of this Circular and relevant laws.

In case international treaties to which the Socialist Republic of Vietnam is a party provide different provisions from those of this Circular, the provisions of such international treaties shall apply.

Article 3. Explanation of Terms

1. Floods and storms referred to in this Circular include: flooding, rising sea levels, typhoons, tropical depressions, whirlwinds, landslides caused by floods and storms that threaten or cause harm to people, machinery, equipment, port infrastructure, ships, and other assets.

2. Steering Committee for Flood and Storm Prevention and Control and Search and Rescue (hereinafter referred to as PCLB&TKCN) at the base level: Is the Steering Committee for Flood and Storm Prevention, Mitigation, and Search and Rescue of agencies and units under the Vietnam Maritime Administration and enterprises operating in the maritime sector.

3. Search and rescue referred to in this Circular is understood as one of the activities to mitigate the consequences of floods and storms.

Chapter II

ORGANIZATION AND TASKS OF THE STEERING COMMITTEES FOR FLOOD AND STORM PREVENTION AND CONTROL AT DIFFERENT LEVELS

Article 4. Steering Committee for Flood and Storm Prevention and Control and Search and Rescue of the Ministry of Transport

The Steering Committee for Flood and Storm Prevention and Control and Search and Rescue of the Ministry of Transport is established by the Minister of Transport, serving as an organization assisting the Minister in implementing flood and storm prevention and control and search and rescue work in the transport sector according to the guidance of the Central Steering Committee for Flood and Storm Prevention and Control and the National Committee for Search and Rescue.

The functions, tasks, powers, and organizational structure of the Steering Committee for Flood and Storm Prevention and Control and Search and Rescue of the Ministry of Transport are stipulated by the Minister of Transport.

Article 5. Steering Committee for Flood and Storm Prevention and Control and Search and Rescue of the Vietnam Maritime Administration

1. The Steering Committee for Flood and Storm Prevention and Control and Search and Rescue of the Vietnam Maritime Administration is established by the Director of the Vietnam Maritime Administration and appoints a Deputy Director as the Head of the Committee. Members of the Steering Committee for Flood and Storm Prevention and Control and Search and Rescue serve concurrently. Tasks of members are assigned by the Head of the Steering Committee for Flood and Storm Prevention and Control and Search and Rescue.

Clause 2. The Steering Committee for Flood and Storm Prevention and Control and Search and Rescue of the Vietnam Maritime Administration assists the Director in organizing the implementation of flood and storm prevention and mitigation within the scope of state management over the maritime sector and is subject to business guidance and direction from the Steering Committee for Flood and Storm Prevention and Control and Search and Rescue of the Ministry of Transport.

Clause 3. The tasks of the Steering Committee for Flood and Storm Prevention and Control and Search and Rescue of the Vietnam Maritime Administration are stipulated by the Director of the Vietnam Maritime Administration and include the following contents:

Point a) Developing plans for flood and storm prevention and mitigation consistent with the functions of the Vietnam Maritime Administration.

Point b) Annually directing, guiding, urging, and inspecting subordinate units and enterprises operating in the maritime sector in the development and implementation of plans for flood and storm prevention, mitigation, and recovery consistent with the functions and tasks of each unit and enterprise;

Point c) Coordinating with the Steering Committees for Flood and Storm Prevention and Control of coastal provinces in directing agencies, units, and maritime enterprises in flood and storm prevention and mitigation work to ensure the construction, repair, protection, and management of flood and storm prevention works in the maritime sector in accordance with current regulations;

Point d) Organizing permanent flood and storm prevention and control in accordance with regulations to promptly receive, disseminate information, implement measures in response to directives and guidance from higher authorities on flood and storm prevention and mitigation;

Point đ) Summarizing losses caused by floods and storms, proposing measures for recovery and reporting to competent authorities in accordance with regulations on reporting in flood and storm prevention and mitigation work;

Point e) Developing annual budget estimates for the Steering Committee for Flood and Storm Prevention and Control and Search and Rescue; participating in opinions on the budget estimates for public services and contingency funds for flood and storm prevention and mitigation work of subordinate units under the Vietnam Maritime Administration;

Point g) Participating in research projects and applying scientific and technological progress in flood and storm prevention and mitigation;

Point h) Cooperating in drafting regulatory documents on flood and storm prevention and mitigation in the maritime sector;

Point i) Promoting and disseminating laws on flood and storm prevention and mitigation to organizations and individuals involved in maritime activities;

Point k) Summarizing and disseminating experiences in flood and storm prevention and mitigation; recommending the Director of the Vietnam Maritime Administration or competent authorities to commend outstanding collectives and individuals, and discipline collectives and individuals who violate regulations on flood and storm prevention and mitigation.

Article 6. Local Disaster Prevention and Control Command Board

1. The Local Disaster Prevention and Control Command Board shall be established by the head of the agency, unit, or enterprise and appoint a leader to serve as the board's chair.

2. The tasks of the Local Disaster Prevention and Control Command Board shall be defined by the head of the agency, unit, or enterprise and include the following contents:

a) Developing and implementing plans and measures for flood and storm prevention, control, and aftermath mitigation that are appropriate to the functions, responsibilities, and characteristics of their production and business activities to ensure proactivity in flood and storm prevention, control, and aftermath mitigation work.

b) Continuously maintaining readiness with equipment and materials reserved for flood and storm prevention, control, and aftermath mitigation work within the unit.

c) Organizing emergency forces and maintaining a 24/7 on-duty system when floods or storms occur to continuously gather information and developments regarding floods and storms in order to promptly implement plans and measures for flood and storm prevention, control, and aftermath mitigation.

d) Proactively implementing plans and measures when situations arise and promptly reporting to relevant authorities to seek necessary support to minimize the consequences of floods and storms to the lowest extent possible.

đ) Quickly mitigating the aftermath of floods and storms to restore management and production and business activities of the unit as soon as possible, and when required, effectively supporting other agencies and units in the area.

e) Organizing lessons learned after each incident to improve the quality of plans and measures for flood and storm prevention, control, and aftermath mitigation.

g) Awarding or recommending competent authorities to award organizations and individuals with outstanding achievements and disciplining organizations and individuals who fail to fulfill their responsibilities in flood and storm prevention, control, and aftermath mitigation work.

h) Summarizing losses caused by floods and storms according to regulations, reporting to competent authorities, and proposing remedial measures.

Chapter III

FLOOD AND STORM PREVENTION AND CONTROL

Article 7. General Tasks for Flood and Storm Prevention and Control

1. Managing and protecting maritime infrastructure structures and auxiliary facilities serving flood and storm prevention and control from the destructive impact of floods and storms; preventing activities that pose a risk of damaging or destroying such facilities.

2. Organizing inspections and evaluations of the safety level of facilities requiring protection; if damage or weakening is discovered, timely measures must be taken to address it. In cases where the capacity to handle the situation exceeds their own capabilities, the inspection authority must immediately report to the direct superior authority for resolution before the rainy season and storm season.

3. Developing plans for flood and storm prevention and control and mechanisms for coordination among units in the same locality. The main contents of the Plan are as follows:

a) Establishing the Disaster Prevention and Control Command Board, including the Chair and members; assigning specific tasks to each member and the areas they are responsible for.

b) Defining the functions and responsibilities of each department in flood and storm prevention and control work.

c) Preparations for various storm scenarios such as distant storms, near storms, and urgent storms, including:

- Protection plans for factories, machinery, and equipment, deployment of on-duty forces; stockpiles of rescue and firefighting equipment, etc.;

- Evacuation plans for vessels, people, and property, measures to prevent floating objects from colliding with facilities;

- Anticipating potential risks such as drifting vessels, traffic blockages on waterways, power outages, communication disruptions, etc., to proactively mitigate them quickly and effectively.

d) Implementation plans when floods and storms occur:

- Organizing on-duty shifts, deploying emergency forces for on-duty flood and storm prevention and control in affected areas; plans for maintaining communication and providing medical assistance, etc.;

- Monitoring forecasts of storm and flood developments and the degree of storm and flood resistance of facilities, machinery, and equipment;

- Plans for coordinating activities to mitigate the aftermath of floods and storms.

4. Stockpiling materials and means for flood and storm prevention and aftermath mitigation.

The Local Disaster Prevention and Control Command Board organizes procurement and storage of materials and means reserved for flood and storm prevention and control work. When necessary, they comply with the mobilization of competent authorities to coordinate with other agencies and units in the area to perform flood and storm prevention and aftermath mitigation tasks.

5. Storing essential supplies and medicines at vulnerable and dangerous locations for use when needed.

6. Training and instructing specialized skills for flood and storm prevention and aftermath mitigation. Organizing specialized emergency forces with high expertise to effectively carry out tasks when floods and storms occur.

Article 8. Tasks of Preventing and Combating Floods and Typhoons of the Maritime Port Office

1. Coordinate with maritime enterprises' agencies and units in flood and typhoon prevention, control, and aftermath recovery work in port waters.

2. Develop plans and organize the mobilization of vessels within the area to participate in aftermath recovery when situations arise.

3. Timely dispatch vessels and boats to anchorage areas to avoid typhoons and floods before typhoons enter port waters based on specific situation developments.

4. In cases where it is deemed safer for vessels to anchor at piers, request ship captains and vessel owners to take appropriate measures to ensure safety for crew members, passengers, vessels, and cargo.

5. Urge maritime enterprises within the area to implement requirements for flood and typhoon prevention, control, and aftermath recovery.

6. Advise vessels planning to sail through dangerous typhoon zones.

7. Confirm damage caused by floods and typhoons as a basis for payment and settlement of aftermath recovery expenses.

8. Implement reporting procedures regarding flood and typhoon prevention, control, and aftermath recovery as prescribed.

9. Annually develop plans for flood and typhoon prevention and control to be sent to the Vietnam Maritime Administration for coordination and cooperation when floods and typhoons occur.

Article 9. Tasks of Preventing and Combating Floods and Typhoons of the Vietnam Maritime Search and Rescue Coordination Center

1. Directly guide flood and typhoon prevention plans; arrange specialized equipment to be on standby in vulnerable areas to promptly participate in aftermath recovery activities when required.

2. Regional maritime search and rescue coordination centers must closely coordinate with flood and typhoon prevention and aftermath recovery command boards of agencies, units, and localities in implementing flood and typhoon prevention and aftermath recovery plans in their regions.

3. Propose plans to prevent, control, and recover from floods and typhoons aimed at minimizing losses to people and property to the lowest extent possible.

4. For search and rescue vessels, tasks related to flood and typhoon prevention and control shall be carried out according to Article 16 of this Circular.

5. Annually develop plans for flood and typhoon prevention and control to be sent to the Vietnam Maritime Administration and regional maritime ports for coordination and cooperation when floods and typhoons occur.

Article 10. Tasks of Preventing and Combating Floods and Typhoons of the Vietnam Maritime Electronics Information Company

1. Guide the implementation of directives from superiors regarding flood and typhoon prevention and control for coastal information stations.

2. Develop plans to maintain communication between coastal information stations and maritime port offices, maritime search and rescue coordination centers to support flood and typhoon prevention and aftermath recovery work.

3. Organize watchkeeping, reception, and transmission of weather, typhoon, and tropical depression information according to prescribed regulations.

4. Promptly receive and transmit distress signals and assistance requests from ship captains and vessel owners; broadcast warning bulletins so that vessels operating at sea are aware and can timely seek safe refuge.

5. Carry out directives from the Vietnam Maritime Administration to strengthen the broadcasting of distant typhoon warnings, approaching typhoon warnings, urgent typhoon warnings, and other important bulletins as required by competent authorities.

6. Annually develop plans for flood and typhoon prevention and control to be sent to the Vietnam Maritime Administration and regional maritime port offices for coordination and cooperation when floods and typhoons occur.

Article 11. Tasks of maritime pilot organizations in flood and storm prevention and control.

1. Coordinate with the dispatching department of the port enterprise to propose evacuation plans for vessels when there is a risk of floods or storms, and organize implementation upon approval by the Maritime Port Management.

2. Be ready to meet the requirements of vessel owners or the Maritime Port Management regarding the provision of pilots to quickly evacuate vessels within the port.

3. Implement directives from the Vietnam Maritime Administration on providing pilots for flood and storm prevention, mitigation, and aftermath recovery.

4. Annually develop plans for flood and storm prevention and control and submit them to the Vietnam Maritime Administration and the regional Maritime Port Management for coordination and guidance in case of floods or storms.

Article 12. Tasks of maritime safety assurance organizations in flood and storm prevention and control.

1. Survey, design, construct, manage, and operate storm warning stations.

2. Regularly inspect the quality of infrastructure, ship channels, and maritime signals (lighthouses, leading marks, range lights, floating aids, channel markers, channel improvement structures, storm warning stations...).

3. Compile a list of critical maritime safety infrastructure vulnerable to floods and storms and develop maintenance and repair plans to proactively prevent and control floods and storms.

4. When carrying out dredging works or construction projects, timely preventive measures must be planned and implemented in case of floods or storms.

5. Prepare sufficient spare equipment and facilities to restore operations of lighthouses and maritime signals affected by floods and storms.

For important ship channels, a reasonable quantity of maritime signals, lighting equipment, and power supply sources should be stockpiled to promptly address the aftermath of floods and storms.

6. Timely issue navigational warnings about changes in technical characteristics of channels, maritime signals, and sunken assets due to the impact of floods and storms.

7. Implement directives from the Vietnam Maritime Administration and the regional Maritime Port Management concerning the mobilization of equipment and facilities to clear obstructions and regulate ship traffic; adjust maritime signals and install warning buoys.

8. Annually develop plans for flood and storm prevention and control and submit them to the Vietnam Maritime Administration and the regional Maritime Port Management for coordination and guidance in case of floods or storms.

Article 13. Tasks of marine port enterprises in flood and storm prevention and control.

1. Closely coordinate with the Maritime Port Management and maritime pilot organizations in developing and implementing evacuation plans for vessels operating within the port to safe anchorage areas during storms and floods.

2. Be prepared to implement the Maritime Port Management's requirements for mobilizing equipment to mitigate the aftermath of floods and storms.

3. Adhere to the manufacturer's regulations on securing crane systems on wharves; apply necessary measures to protect port infrastructure from the adverse effects of floods.

4. Comply with regulations protecting power supply cables and substations for the port.

5. For warehouses, berths, and workshops, protective measures must be in place to ensure safety and prevent damage to goods, machinery, and equipment due to rain and floods.

6. Must have fire and explosion prevention plans for warehouses storing flammable and explosive materials.

7. The drainage system within the port must ensure rapid discharge to avoid flooding.

8. Motorized transport vehicles and cargo handling equipment... must be properly stored in designated locations.

9. Annually develop plans for flood and storm prevention and control and submit them to the regional Maritime Port Management for coordinated inspection and guidance in case of floods or storms.

Article 14. Tasks for flood and storm prevention and control at shipbuilding and repair facilities.

1. For ships and vessels under repair

a) Monitor the development of floods and storms to proactively plan the movement of ships and vessels to safe harbors.

b) For ships and vessels allowed to moor at the wharf, strengthen securing measures and arrange tugboats for surveillance.

2. For pedestal cranes:

Move cranes to storm-resistant positions, secure the base feet and carefully secure cranes.

3. For basins and floating platforms

a) Secure machinery, equipment, and ships within the basin using appropriate methods such as welding, bolting, reinforcing ropes, sealing hatch covers ...

b) Lower cranes to low positions, securely fasten crane supports. Crane bases must be moved to storm-resistant positions, and safety locks at the base must be secured.

c) Seal off pump chamber doors with the dock, keep pumps in a state of readiness;

d) Sink floating platforms to maximum water levels, reinforce mooring ropes and bindings.

4. For slipways

a) Ships under repair on slipways must be reinforced with securing measures to the slipway system and slipway surface.

b) Machinery and equipment must be secured and covered to protect against floods and storms.

5. Annually develop a flood and storm prevention and control plan to send to the Maritime Port Authority for coordination and inspection during flood and storm occurrences.

Article 15. Requirements for flood and storm prevention and control for ongoing construction projects.

1. For construction projects with extended construction periods through typhoon seasons, consider the impact of floods and storms on the project, equipment, material storage areas, workshops, campsites ... to implement appropriate preventive measures.

2. Develop an overall reasonable construction schedule to ensure completion of critical components or temporary suspension of work before the rainy season.

3. In cases where the foundation of the project is threatened by flooding, additional protective works such as levees, drainage channels, collection pits, and pumping stations must be constructed to ensure the safety of the project.

4. For large construction equipment like hammer jibs, cranes, barges, floating pontoons ..., evacuation and securing plans must be prepared before floods and storms occur.

Article 16. Requirements for flood and storm prevention and control for ships and vessels.

1. Prepare for flood and storm prevention and control for ships and vessels

a) For cargo and equipment on deck: Organize the arrangement and securing of cargo and equipment, especially loose cargo, fuel drums, cranes, lifeboats, antenna poles ... to ensure safety;

b) Power systems, lifesaving, firefighting: Maintain the operational readiness of main engines, generators, steering gear (main and auxiliary), dry pump systems, fire pumps, portable pumps, mooring systems (bow, stern, and spare), lifeboats ...;

c) Ensure watertightness of ships and vessels: Hatch covers, entry doors, side doors, ventilation systems, mooring compartments must be covered and reinforced to ensure watertightness;

d) Prepare materials and equipment: Various types of mooring ropes, towing ropes, tarpaulins, steel wires, anti-puncture materials (cement, wood, planks ...), battery-powered lights ... must be fully equipped.

2. During sea voyages

a) Must comply with regulations on storm prevention and control for ships and vessels;

b) Implement daily weather bulletin reception procedures to promptly grasp storm developments and tropical depressions and inform surrounding ships;

c) Timely move ships and vessels to designated storm shelters according to vessel class and machinery and equipment conditions;

d) Reasonably avoid storms to minimize their impact on people, ships and vessels, and cargo;

đ) Empty ships must be filled with ballast water in tanks to increase stability;

e) Prohibit unauthorized personnel from entering areas where waves may wash over the deck;

g) When working on deck, at least two people must wear life jackets and be secured with safety belts;

h) Adjust oil and water tanks to increase the stability of ships and vessels.

3. When moored in port

a) Comply with the emergency evacuation orders for ships and vessels from the Port Director and participate in disaster recovery efforts as required by competent authorities;

b) When there is news of approaching storms, immediately implement storm prevention plans;

c) Calculate mooring lengths and anchors suitable for terrain, current flow, surrounding vessel density, and reinforce ship mooring ropes to ensure safety.

d) Power systems must always be in a state of readiness for operation; lighting and alarm systems must function stably;

đ) During cargo loading and unloading, continuously monitor and check vessel stability diagrams and cargo must be secured according to regulations;

e) Must always maintain sufficient crew positions to ensure vessel surveillance and maneuverability;

g) Life-saving, firefighting equipment, and first aid facilities must always be in a state of readiness.

4. When moored to avoid storms

a) Ensure continuous communication and accurately report the position, condition of ships and vessels, crew members, and passengers to the Maritime Port Authority;

b) Regularly check the position of ships to prevent anchor breakage or dragging;

c) Promptly report any ship incidents or nearby ship incidents to the Maritime Port Authority, Marine Search and Rescue Coordination Center, or Coastal Radio Station.

Chapter IV

RESTORATION OF DAMAGE CAUSED BY FLOODS AND STORMS

Article 17. General tasks in mitigating the consequences of floods and storms

1. Rescue people, vessels, and other assets.

2. Repair damage to infrastructure projects, port structures, equipment, and transportation means to ensure maritime safety.

3. Repair construction machinery and implement measures to restore production.

4. Repair and restore communication systems.

5. Investigate and compile losses.

6. Implement environmental sanitation, prevent pollution, control diseases, and support the stabilization of living conditions for officials, workers, and residents in areas affected by floods and storms.

7. Prepare budget estimates, settle, and finalize expenses for mitigating the consequences of floods, storms, and natural disasters as prescribed.

Article 18. Specific tasks in mitigating the consequences of floods and storms

1. Clearing vessel traffic blockages

a) The Maritime Port Authority shall organize the repair of vessel traffic blockages and regulate traffic on the waterways;

b) Agencies, units, and maritime businesses in the area have the responsibility to promptly meet requirements for human resources, equipment, and means to quickly clear vessel traffic blockages.

2. Salvage sunken assets

Sunken assets causing vessel traffic blockages or posing dangers to maritime activities due to floods and storms, the Maritime Port Authority shall notify the owner of the sunken assets to immediately salvage them according to regulations.

In cases where the owner of the sunken assets cannot be identified or lacks the capacity to salvage, the Maritime Port Authority shall be responsible for developing a salvage plan to submit to the Vietnam Maritime Administration and implement salvage after approval by the Vietnam Maritime Administration.

3. Organize dredging of sections of channels silted up due to floods and storms causing erosion and sedimentation

For channels blocked by erosion and sedimentation caused by floods and storms, the Maritime Port Authority shall coordinate with organizations ensuring maritime safety to develop a dredging plan to submit to the Vietnam Maritime Administration and implement dredging after approval by the Vietnam Maritime Administration.

4. Restore operations of coastal radio information stations

a) During the occurrence of floods and storms, if there is a failure in the broadcasting system, the Marine Electronics Information Company must quickly put the backup system into operation to ensure continuous information transmission 24/24 hours;

b) Immediately after the storm subsides, the Vietnam Marine Electronics Information Company must quickly repair damage to infrastructure and equipment caused by floods and storms to ensure safe and continuous operation of the system.

5. Restore operations of maritime signal systems

After floods and storms, organizations ensuring maritime safety must organize the following:

a) Inspect and return drifting buoys to their correct positions to ensure safety for vessel operations on waterways;

b) Restore technical characteristics of maritime signals, channel markers, channel improvement works, and storm warning stations.

6. Restore port infrastructure

a) The Vietnam Maritime Administration shall direct the repair and restoration of public port infrastructure;

b) Port enterprises shall organize the repair and restoration of infrastructure under their management such as ship turning areas, waters before the wharf, wharfs, warehouses, yards... to quickly stabilize production and business activities.

7. Respond to oil spills

Upon discovering an oil spill incident, the Maritime Port Authority shall immediately notify the Department of Natural Resources and Environment, the People's Committee of the province or city, and coordinate to direct response measures when required.

8. Implement environmental sanitation

a) All organizations and individuals have the responsibility to participate in environmental sanitation to prevent pollution and diseases after floods and storms;

b) The Maritime Port Authority shall coordinate with the health department to inspect environmental sanitation after floods and storms and request maritime units and enterprises to implement it.

9. Organize investigation and compilation of losses, settlement, and finalization of expenses for mitigating the consequences of floods and storms.

a) Agencies and units under the Vietnam Maritime Administration shall submit reports on loss investigations, payment settlements, and finalization of expenses for mitigating the consequences of floods and storms to the Vietnam Maritime Administration for review and resolution or report to the Ministry of Transport for resolution within its authority;

b) The Maritime Port Authority shall confirm losses and the volume of work for mitigating the consequences of floods and storms for maritime units and enterprises.

Article 19. Remuneration for persons participating in flood and storm prevention, control, and aftermath mitigation

1. In aftermath mitigation work following floods and storms, excluding transportation time, each person working at the site for six hours shall be counted as one day of labor, with no continuous working days exceeding twelve hours.

2. The following categories are considered to directly participate in aftermath mitigation work following floods and storms.

a) Direct labor forces (including reinforced forces).

b) Service forces on construction sites.

c) Commanding boards and assisting forces.

3. Persons participating in flood and storm prevention, control, and aftermath mitigation shall enjoy salary, allowances, and additional meals according to current state regulations.

Chapter V

MANAGEMENT AND USE OF FUNDS FOR FLOOD AND STORM PREVENTION, CONTROL, AND AFTERMATH MITIGATION

Article 20. Sources of funds for flood and storm prevention, control, and aftermath mitigation

Sources of funds for flood and storm prevention, control, and aftermath mitigation include:

1. Funds allocated from the State budget.

2. Assistance funds from organizations and individuals both domestically and internationally when floods and storms occur.

3. Funds extracted from production costs in the fiscal year of enterprises.

4. Labor resources for public welfare or voluntary participation as stipulated by law.

Article 21. Use of funds for flood and storm prevention, control, and aftermath mitigation

1. Funds for flood and storm prevention, control, and aftermath mitigation shall be used for the following purposes:

a) Duty roster of members of the Flood and Storm Prevention and Control Command Board;

b) Organizing meetings, direct work expenses for directing at locations where floods and storms occur, public services, office supplies, communication, data collection for flood and storm prevention and aftermath mitigation;

c) Training, instruction, education, and drills on flood and storm prevention and control work;

d) Dissemination, propaganda, and raising community awareness about laws and knowledge on storm and flood prevention annually;

đ) Allowances, payment for materials, equipment, and fuel for organizations and individuals mobilized to participate in flood and storm prevention and aftermath mitigation work;

e) Repairing and upgrading technical equipment and construction projects serving forecasting and directing flood and storm prevention and control work;

g) Rescuing people and property;

h) Clearing ship channels, salvaging sunken assets in channels;

i) Paying remuneration to persons participating in flood and storm prevention and aftermath mitigation work;

k) Awarding bonuses to organizations and individuals with achievements in flood and storm prevention and aftermath mitigation work.

2. Costs for flood and storm prevention and aftermath mitigation shall be reimbursed based on actual expenses, in accordance with current regulations.

Article 22. Annual Financial Plan

1. Every year, the Vietnam Maritime Administration shall develop a financial plan for flood and storm prevention, control, and aftermath mitigation (regular and reserve), reporting to the Ministry of Transport.

When allocating the annual maritime service budget, allocate 3-5% of the unallocated regular maritime service budget funds for flood and storm aftermath mitigation and other urgent tasks; at the end of the year, if not fully utilized, it may be transferred to other tasks.

Reserve funds for flood and storm prevention and control can only be used for flood and storm prevention, control, and aftermath mitigation tasks; at the end of the year, if not fully utilized, they may be carried over to the next year.

2. Upon occurrence of floods and storms, the Vietnam Maritime Administration may use reserve funds to cover aftermath mitigation costs.

3. In cases where reserve funds are insufficient, within fifteen days of receiving complete documentation, the Vietnam Maritime Administration shall submit a report along with the documentation to the Ministry of Transport for review and request supplementary funding from the reserve budget.

Article 23. Costs for flood and storm prevention, control, and aftermath mitigation of maritime agencies and enterprises

The costs for flood and storm prevention, control, and aftermath mitigation of maritime enterprises shall be recorded in the production cost within the fiscal year.

Article 24. Compilation and submission of settlement reports on flood and storm prevention, control, and aftermath mitigation

Within the latest thirty working days from the completion date of mitigating the aftermath of floods and storms, relevant agencies and units under the Vietnam Maritime Administration have the responsibility to submit settlement reports on mitigating the aftermath of floods and storms to the Vietnam Maritime Administration for review and approval, or report to the Ministry of Transport for approval according to their authority.

Chapter VI

INSPECTION, AUDIT, AND REPORTING IN FLOOD AND STORM PREVENTION, CONTROL, AND AFTERMATH MITIGATION

Article 25. Inspection and Audit

Annually, the Ministry of Transport and the Vietnam Maritime Administration shall develop plans for inspecting and auditing the implementation of state regulations on flood and storm prevention, control, and aftermath mitigation at agencies and units within the maritime sector.

Article 26. Reporting System

1. Emergency Report: Before and after a typhoon makes landfall or when there is an urgent notice of flooding, flash floods, landslides, and other serious incidents.

a) Prior to floods and storms: Reports on preparation work for flood and storm prevention, the status of vessels and ships in the area (total number of vessels and ships, number of crew members, accommodation arrangements for passengers, anchorage arrangements for vessels and ships...);

- At least twenty-four hours before, maritime enterprises in the area must submit reports to the Port Maritime Office;

- At least twelve hours before, the Port Maritime Offices must compile and submit reports to the Vietnam Maritime Administration;

- At least six hours before, the Vietnam Maritime Administration must compile and submit reports to the Ministry of Transport.

b) During the occurrence of floods and storms: Reports on the development of floods and storms and serious incidents (initial casualties and damage to vessels, ships, houses, facilities, port infrastructure...).

- The Port Maritime Offices must maintain a 24/7 duty roster, sending reports to the Vietnam Maritime Administration once daily; in case of serious incidents, immediate reports must be made;

- The Vietnam Maritime Administration must maintain a 24/7 duty roster, sending reports to the Ministry of Transport once daily; in case of serious incidents, immediate reports must be made.

c) Method of submitting reports

During the occurrence of floods and storms, telegrams, letters, and reports must be sent via fax or email to ensure promptness, followed by the original document being sent through postal service for record-keeping.

2. Rapid Report

Within the latest forty-eight hours following the end of a flood or storm period, the local Flood Control and Storm Mitigation Command must organize inspections, categorize, and accurately assess damages, prepare reports to be submitted to the Port Maritime Office for compilation, and then to the Vietnam Maritime Administration for review and resolution, or report to the Ministry of Transport for resolution according to their authority.

The report should detail the development of floods and storms, command activities, damage statistics, aftermath mitigation costs, and recommendations (if any).

3. Annual Report

a) Flood and storm prevention plan: before April 30 each year;

b) Mid-year report: before July 15 each year;

c) Annual report: before January 15 of the following year.

Annually, the Flood Control and Storm Mitigation Command of the Port Maritime Office shall report to the Vietnam Maritime Administration on the implementation of flood and storm prevention and aftermath mitigation plans for compilation and reporting to the Ministry of Transport.

Chapter VII

IMPLEMENTING PROVISIONS

Article 27. Effective Date

This Circular takes effect forty-five days from the date of issuance, replacing Decision No. 1811/2000/QĐ-BGTVT dated July 4, 2000, issued by the Minister of Transport regarding the issuance of the Regulations on Flood and Storm Prevention, Control, and Aftermath Mitigation in the Maritime Sector.

Article 28. Implementation Organization

1. The Vietnam Maritime Administration shall be responsible for implementing this Circular.

2. The Director of the Ministry's Office, the Inspector General of the Ministry, the Heads of related Departments under the Ministry of Transport, the Director of the Vietnam Maritime Administration, the Heads of relevant agencies and units, and related individuals are responsible for implementing this Circular.

3. In the course of implementation, if difficulties arise, they must promptly report to the Ministry of Transport for review and decision-making to amend and supplement appropriately./.