Circular No. 30/2010/TT-BGTVT on flood and storm prevention, control, and aftermath mitigation in the road transport sector

CIRCULAR

Provisions on flood and storm prevention, control, and aftermath mitigation in the road transport sector

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On the basis of Decree No. 86/2012/NĐ-CP dated October 19, 2012, issued by the Government detailing and guiding implementation of certain provisions of the Metrology Law;

Pursuant to the Flood and Storm Control Ordinance dated March 20, 1993;

Pursuant to the amended and supplemented Flood and Storm Prevention Ordinance dated August 24, 2000;

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

Pursuant to Decree No. 14/2010/NĐ-CP dated February 27, 2010 of the Government regarding organization, tasks, authorities, and coordination mechanisms of the Central Steering Committee for Flood and Storm Prevention and Search and Rescue, Sectoral and Local Command Posts for Flood and Storm Prevention and Search and Rescue;

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;

The Minister of Transport hereby stipulates provisions on flood and storm prevention, control, and aftermath mitigation in the road transport sector as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates matters related to flood and storm prevention, control, and aftermath mitigation directly or indirectly causing damage to road transport infrastructure, office buildings, warehouses, workshops of road management and maintenance units, transportation vehicles, and equipment serving road transport.

Article 2. Applicability

This Circular applies to domestic and foreign organizations and individuals operating or working within the territory of Vietnam that are related to flood and storm prevention, control, and aftermath mitigation activities in the road transport sector.

Article 3. Explanation of Terms

In this Circular, terms shall be understood as follows:

1. Floods and storms are general terms referring to abnormal natural phenomena affecting road transport operations such as floods, flash floods, and river overflows; typhoons, tropical depressions, whirlwinds; sea water rise, prolonged rain, coastal waves; landslides along roads, soil, and rocks; earthquakes.

2. Flood is a phenomenon where water levels exceed normal levels.

3. Flash Flood is a phenomenon where river water levels rise and then recede within a specific period.

4. Flash Flood in Mountainous Areas is a sudden flood occurring in mountainous regions due to heavy rainfall creating strong currents with significant destructive power.

5. Typhoon is a tropical cyclone with maximum wind speeds of Force 8 or higher, possibly accompanied by gusts. A typhoon with wind speeds from Force 10 to 11 is considered a severe typhoon; those with wind speeds of Force 12 or higher are considered extremely severe typhoons.

6. Tropical Depression is a tropical cyclone with maximum wind speeds of Force 6 to 7, possibly accompanied by gusts.

7. Whirlwind is a swirling air current with wind speeds equivalent to those of a typhoon but formed and dissipated quickly within a narrow space of a few kilometers.² to several dozen kilometers.².

8. Sea Water Rise is a phenomenon where seawater levels rise above normal tidal levels due to the influence of typhoons.

9. Road Landslide, Soil, Rock is a phenomenon where the road foundation, cut slopes, and embankments suffer deformation and damage caused by rain, floods, typhoons, sea water rise, coastal waves, or earthquakes.

10. Flood and Storm Prevention and Control Structures in the Road Transport Sector are permanent or temporary structures built to limit or mitigate the impacts of floods and storms on road transport infrastructure or to serve forecasting, warning, command, and control of flood and storm prevention and control activities.

Article 4. Principles of Flood and Storm Prevention, Control, and Aftermath Mitigation Activities in the Road Transport Sector

1. Annual flood and storm prevention, control, and aftermath mitigation work is the responsibility and duty of agencies, units, and enterprises operating in the road transport sector, with the command and advisory body being the Flood and Storm Prevention Command Post at various levels.

2. Agencies and units managing roads in the road transport sector shall establish Flood and Storm Prevention Command Posts in accordance with the provisions of this Circular based on their assigned functions and responsibilities.

3. Organizations and enterprises operating in the road transport sector shall establish appropriate command posts for flood and storm prevention based on the degree of relevance of their units to ensure compliance with legal regulations on flood and storm prevention, control, and aftermath mitigation.

4. In flood and storm prevention and control activities in the road transport sector, comprehensive and detailed plans for flood and storm prevention and control must be established, and preparations for aftermath mitigation must be made ready annually during the rainy season.

Measures for flood and storm prevention and control outlined in these plans must ensure proactive prevention and timely mobilization of human and material resources when flood and storm situations occur, thereby minimizing the consequences of floods and storms.

Agencies, organizations, and individuals participating in flood and storm prevention and control activities have the responsibility to implement flood and storm prevention and control plans and measures proactively and positively to fulfill assigned tasks.

5. In aftermath mitigation activities: once floods and storms weaken and immediately after weather conditions return to normal, organizations and individuals involved in flood and storm prevention and aftermath mitigation must promptly and effectively implement response measures to address damages to bridges and roads, conduct rescue and relief operations, restore transportation activities, ensure smooth traffic safety, and minimize negative impacts on economic development, social progress, and the environment.

6. It is strictly prohibited to engage in acts of sabotage, obstruction of flood and storm prevention and aftermath mitigation activities; non-compliance with mobilization and dispatch orders from competent authorities when floods and storms occur; and taking advantage of flood and storm situations to misappropriate funds, materials, money, goods intended for flood and storm prevention and aftermath mitigation.

Chapter II

COMMANDING AUTHORITIES FOR FLOOD AND STORM PREVENTION AND CONTROL

Article 5. Command agencies for flood and storm prevention and rescue in the road sector

1. The Steering Committee for Flood and Storm Prevention and Rescue of the Ministry of Transport (Steering Committee for Flood and Storm Prevention and Rescue of the Ministry of Transport)

2. The Command for Flood and Storm Prevention and Rescue of the Vietnam Highway Administration (Command for Flood and Storm Prevention and Rescue of the Vietnam Highway Administration);

3. Regional Commands for Flood and Storm Prevention and Rescue, including:

- The Command for Flood and Storm Prevention and Rescue of the Road Management Zone (Command for Flood and Storm Prevention and Rescue of the Road Management Zone);

- The Command for Flood and Storm Prevention and Rescue of the Department of Transport (Command for Flood and Storm Prevention and Rescue of the Department of Transport);

- The Command for Flood and Storm Prevention and Rescue of the Project Management Board (Command for Flood and Storm Prevention and Rescue of the Project Management Board) including: The Command for Flood and Storm Prevention and Rescue of the Project Management Board under the Ministry of Transport (for example: the Project Management Board of the Ho Chi Minh Highway, the Thang Long Project Management Board; the Project Management Board 85...); The Command for Flood and Storm Prevention and Rescue of the Project Management Board under the Vietnam Highway Administration (for example: the Project Management Boards: 2, 4, 5, 6, 7...).

4. The Command for Flood and Storm Prevention and Rescue at the grassroots level (Command for Flood and Storm Prevention and Rescue at the Grassroots Level) b) Explanation and calculation of cost components and profit of Electricity Corporation i, including:

- The Command for Flood and Storm Prevention and Rescue of the agencies, units, enterprises under the Vietnam Highway Administration, Road Management Zone;

- The Command for Flood and Storm Prevention and Rescue of the agencies, units, enterprises under the Department of Transport;

- The Command for Flood and Storm Prevention and Rescue of the units participating in the management, maintenance of roads or construction of bridge and road projects.

5. The Standing Command Team for Flood and Storm Prevention and Rescue on construction sites related to roads.

Article 6. The Steering Committee for Flood and Storm Prevention and Rescue of the Ministry of Transport

The Steering Committee for Flood and Storm Prevention and Rescue of the Ministry of Transport is an organization established by the Minister of Transport pursuant to the provisions of Decree No. 14/2010/NĐ-CP dated February 27, 2010 of the Government on the organization, tasks, powers, and coordination mechanisms of the Central Steering Committee for Flood and Storm Prevention and Rescue, Steering Committees for Flood and Storm Prevention and Rescue of Ministries, sectors, and localities, and relevant legal regulations.

The Steering Committee for Flood and Storm Prevention and Rescue of the Ministry of Transport has the task of advising the Minister of Transport to direct, manage, and organize the implementation of flood and storm prevention and rescue work within the scope of the Ministry of Transport's management and is subject to the direction and guidance on business operations from the Central Steering Committee for Flood and Storm Prevention and Rescue and the National Search and Rescue Commission.

In the field of flood and storm prevention and rescue for roads, the Steering Committee for Flood and Storm Prevention and Rescue of the Ministry of Transport performs its assigned functions and tasks according to the division of labor and instructions from the Chairman and specific provisions in this Circular.

Article 7. The Command for Flood and Storm Prevention and Rescue of the Vietnam Highway Administration

1. The Command for Flood and Storm Prevention and Rescue of the Vietnam Highway Administration is established by the Director of the Vietnam Highway Administration and appoints a Deputy Director as the Chairman. Members of the Command for Flood and Storm Prevention and Rescue of the Vietnam Highway Administration serve concurrently and are entitled to benefits as stipulated currently. The tasks of the members are specifically assigned by the Chairman.

2. The Command for Flood and Storm Prevention and Rescue of the Vietnam Highway Administration has the position and function of being the focal point for compiling advice to assist the Director of the Vietnam Highway Administration in directing the implementation of flood and storm prevention and aftermath mitigation work within the scope of specialized state management of the Vietnam Highway Administration and directly receives direction and guidance on business operations from the Steering Committee for Flood and Storm Prevention and Rescue and Search and Rescue of the Ministry of Transport.

3. The tasks of the Command for Flood and Storm Prevention and Rescue of the Vietnam Highway Administration are defined by the Director of the Vietnam Highway Administration to ensure the implementation of assigned flood and storm prevention tasks, including the following main contents:

a) Developing an overall plan for equipment and material reserves for flood and storm prevention and traffic assurance on the national highway system to be submitted to the Ministry of Transport for approval. Developing a work plan for flood and storm prevention and aftermath mitigation in the road sector that aligns with the specialized state management functions of the Vietnam Highway Administration and relevant laws on flood and storm prevention. Developing a procurement and production plan for reserve materials and equipment consistent with the state budget estimate for traffic assurance and assigned flood prevention tasks for the year to be submitted to the Ministry of Transport for review and approval for implementation;

b) Annually directing, guiding, urging, and inspecting the Road Management Zones, Departments of Transport, Project Management Boards, and subordinate units to develop and implement plans for flood and storm prevention and aftermath mitigation that align with their respective functions and tasks;

c) Participating in coordinating with provincial-level Flood and Storm Prevention and Rescue Commands and Department of Transport Flood and Storm Prevention and Rescue Commands in implementing measures and solutions for effective and timely flood and storm prevention and support for aftermath recovery to minimize damage to road transport infrastructure and ensure safe passage as quickly as possible;

d) Organizing standing flood and storm prevention activities as prescribed, receiving directives from superiors, collecting and processing information related to flood and storm warnings and forecasts to advise, propose, or directly decide on measures and plans for flood and storm prevention and aftermath mitigation when situations arise;

đ) Advising and proposing to the Steering Committee for Flood and Storm Prevention and Rescue of the Ministry of Transport on mobilizing reserve materials and equipment for traffic assurance and ensuring responsibility for urging, monitoring, and inspecting the use and recovery of mobilized materials and equipment;

e) Preparing additional budget estimates for the annual operation of the Steering Committee for Flood and Storm Prevention and Rescue of the Vietnam Highway Administration for the leadership of the Vietnam Highway Administration to report to the Ministry of Transport for review and approval, allocation of funds. Participating in opinions on the budget estimates for public services and reserve funds for flood and storm prevention and aftermath mitigation work of units responsible for managing national highways and subordinate units of the Vietnam Highway Administration;

g) Advising the leadership of the Vietnam Highway Administration on reviewing the volume and budget for construction of aftermath recovery projects to ensure traffic on national highways according to procedures specified in this Circular;

h) Summarizing the consequences and losses caused by floods and storms on the national highway system, proposing remedial measures, and reporting to the competent authority as prescribed.

i) Participate, coordinate to build and promote the dissemination of legal normative documents on flood and storm prevention, control, and aftermath mitigation; provide comments on master plans and development plans for road transport infrastructure to be consistent with disaster prevention and control plans and flood drainage plans; provide comments on projects to restore, reinforce, solidify, research, and apply scientific and technological advancements in flood and storm prevention and control within the road sector; cooperate internationally in flood and storm prevention, control, and aftermath mitigation activities within the road sector;

k) Summarize and disseminate experiences in flood and storm prevention, control, and aftermath mitigation. Recommend the Ministry of Transport, the leadership of the General Department of Highway Administration to award collectives and individuals with outstanding achievements; discipline collectives and individuals who violate regulations in flood and storm prevention, control, and aftermath mitigation within the road sector.

Article 8. Regional Flood and Storm Prevention and Control Command Board

1. The Regional Flood and Storm Prevention and Control Command Board shall be established and directly led or appointed by the Deputy Director of the Management Zone, the Director of the Department of Transport, or the Deputy Director of the Project Management Board; specific tasks of the members of the Regional Flood and Storm Prevention and Control Command Board shall be assigned by the Board Chair.

2. The Regional Flood and Storm Prevention and Control Command Board serves as an advisory body assisting the Management Zone Director, the Department of Transport Director, and the Project Management Board Director in implementing their responsibilities for flood and storm prevention, control, and aftermath mitigation within their respective jurisdictions.

The Regional Flood and Storm Prevention and Control Command Boards under the Management Zone and the Project Management Board are subject to technical guidance from the Flood and Storm Prevention and Control Command Board of the General Department of Highway Administration.

The Regional Flood and Storm Prevention and Control Command Board under the Department of Transport is subject to comprehensive direction from the Provincial Flood and Storm Prevention and Control Command Board and technical guidance, monitoring, and urging from the Ministry of Transport's Disaster Prevention and Control Steering Committee and the General Department of Highway Administration's Flood and Storm Prevention and Control Command Board.

3. The tasks of the Regional Flood and Storm Prevention and Control Command Board established by the Management Zone Director, the Department of Transport Director, and the Project Management Board Director shall ensure the implementation of assigned flood and storm prevention and control tasks, including the following main contents:

a) Develop a disaster prevention and control plan that aligns with the assigned responsibilities for flood and storm prevention, control, and aftermath mitigation within the jurisdiction to proactively manage these activities. Direct and organize the implementation of disaster prevention and control plans and measures within the jurisdiction;

b) Direct, guide, urge, and inspect the grassroots Flood and Storm Prevention and Control Command Boards in developing and implementing disaster prevention and control plans and measures;

c) Prepare budgets for purchasing, producing reserve materials and equipment, and submit them for review and approval: to the General Department of Highway Administration for national highway systems; to the provincial People's Committee for provincial road systems managed by the province;

d) Actively participate in coordinated activities for flood and storm prevention, control, and aftermath mitigation within the jurisdiction according to the coordination and directives of the Ministry of Transport's Disaster Prevention and Control Steering Committee, the General Department of Highway Administration's Flood and Storm Prevention and Control Command Board, and the Provincial Flood and Storm Prevention and Control Command Board to mobilize all available human and material resources to respond promptly to emergencies;

đ) Aggregate losses caused by floods and storms within the jurisdiction, propose appropriate remediation measures, implement rescue plans to ensure traffic flow on road projects within the jurisdiction and other road projects in the area when required;

e) Prepare human and material resources for flood and storm prevention, control, and aftermath mitigation during the rainy season based on the principle of "4 at the site" "Local forces - local command - local supplies and logistics - local equipment", ready to command rescue operations and mitigate damage caused by floods and storms in the shortest time possible in any situation.

g) Monitor and urge the implementation of regulations on flood and storm prevention, control, and aftermath mitigation by: units responsible for managing and maintaining roads; units currently constructing road projects within the jurisdiction; especially high-risk project components susceptible to flood and storm impacts;

h) Implement or monitor and urge management and repair units within the jurisdiction to purchase vehicles, equipment, and reserve materials according to approved plans; properly store vehicles and materials for flood and storm prevention and control in quality and type, and stockpile them at reasonable locations;

i) Regularly and urgently report as prescribed; during the rainy season and when floods and storms occur, maintain continuous 24-hour duty and keep constant communication with the Disaster Prevention and Control Steering Committee and higher-level management agencies to provide or receive updated information on flood and storm situations and execute directives, mobilize forces, direct traffic, mitigate aftermath, and ensure smooth traffic flow;

k) Guide grassroots units to prepare completion records "projects to mitigate flood and storm aftermath and ensure traffic safety" for cases requiring immediate construction to ensure smooth traffic flow according to procedures stipulated in this circular; conduct reviews of such completion records before submitting them to the General Department of Highway Administration for approval (for national highways) or the provincial People's Committee for approval (for local roads) within 15 days from the end of the flood or storm period;

l) Participate in promoting and disseminating legal provisions on flood and storm prevention and aftermath mitigation;

m) Summarize experiences, review, and consider rewards or disciplinary actions or recommend higher authorities to reward or discipline collectives and individuals with outstanding achievements or shortcomings in the implementation of flood and storm prevention and aftermath mitigation tasks by units.

Article 9. The Local Flood and Storm Control Command Board

1. The Local Flood and Storm Control Command Board shall be established by the head of the agency, unit, or enterprise and directly appointed or delegated to a deputy to serve as the Head of the Board.

2. The Local Flood and Storm Control Command Board is a direct auxiliary body to assist the head of the agency, unit, or enterprise in performing tasks and responsibilities for flood and storm prevention, control, and aftermath mitigation as assigned by superiors or stipulated by laws on flood and storm control.

The Local Flood and Storm Control Command Board shall be under the direction and mobilization of the superior agency and technical guidance from the Regional Flood and Storm Control Command Board within the same sector.

3. The tasks of the Local Flood and Storm Control Command Board shall be defined by the head of the agency, unit, or enterprise to ensure the fulfillment of assigned flood and storm control tasks or legal provisions on flood and storm control, including the following main contents:

a) Developing and implementing plans and schemes for flood and storm prevention, control, and aftermath mitigation that are consistent with the superior agency's flood control plan and the functional tasks, characteristics, and business type of their own unit;

b) Establishing a list to manage weak structures affected by floods, storms, accidents, and natural disasters; developing inspection, repair, reinforcement, and protection plans for these structures before the flood and storm season;

c) Coordinating with the County-level or Commune-level Flood and Storm Control Steering Committee or the same-level Flood and Storm Control Steering Committee within the management area to develop joint plans and unify inter-sectoral measures to maximize the ability to prevent, control, and mitigate flood and storm aftermaths, ensuring smooth and safe transportation at the local level;

d) Formulating plans for purchasing reserve materials and equipment to ensure transportation and mitigate flood and storm aftermaths and submitting them to the superior Flood and Storm Control Command Board for approval;

đ) Maintaining and keeping reserve equipment and materials in good condition for flood and storm prevention, control, and aftermath mitigation tasks under their management;

e) Regularly inspecting and reviewing actual weak and deteriorated structures at risk of being threatened by floods and storms to handle them promptly; simultaneously supervising and tracking units directly responsible for reinforcing and repairing flood and storm control structures to ensure quality and progress as planned;

g) Proactively implementing flood and storm control schemes and unified inter-sectoral cooperation plans when situations arise and promptly reporting to relevant agencies for necessary support to minimize the aftermaths of floods and storms;

h) Organizing and commanding rescue and damage mitigation efforts caused by typhoons and floods within the scope of their responsibility. In emergency situations, they have the responsibility to participate when mobilized and coordinated to implement rescue and damage mitigation measures in the region;

i) Organizing rapid response forces at critical structures and maintaining a 24/7 standby system during floods and storms to continuously gather information and developments of floods and storms and take timely countermeasures;

k) Summarizing and reporting the situation of damage development and mitigation measures, as well as the handling of damage caused by floods and storms to the superior agency according to regulations;

l) Organizing lessons learned after each flood and storm period to enhance the effectiveness and appropriateness of flood and storm prevention, control, and aftermath mitigation plans and solutions;

m) Urging the establishment of completion records for units constructing "post-flood and storm damage mitigation projects ensuring traffic safety" as stipulated in this Circular, reporting to the unit head for submission to the competent authority for resolution;

n) Rewarding or recommending rewards to 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;

o) Compiling losses caused by floods and storms according to regulations, reporting to the competent authority, and proposing sustainable solutions.

Article 10. Commanding flood and storm prevention on construction sites of road projects during the rainy and storm season

Units, enterprises, teams, and construction crews directly working on construction, renovation, upgrading, and repair sites of bridges and roads during the rainy and storm season must organize standing command groups for flood and storm prevention that are appropriate to the scale of the project and headed by the site commander; they must develop flood and storm prevention plans suitable to the natural conditions of the construction site; prepare equipment and materials for local flood and storm prevention; ensure readiness to prevent, combat, and mitigate the aftermath of floods and storms, rescue within the scope of the construction site according to regulations or participate in emergency response to ensure traffic when requested by the road management authority or the local government where the unit is operating.

Article 11. Commanding flood and storm prevention and aftermath mitigation in road transport units

1. Annually, before the flood and storm season, road transport units must develop plans to ensure safety for people, means of transportation, and goods when floods, storms, accidents, or natural disasters occur; prepare sufficient equipment, materials, and backup facilities and be ready to implement in case of floods or storms.

2. Develop plans to transfer passengers at weak points or areas.

3. Coordinate with local authorities and military, police, health, and transportation forces to be prepared to carry out passenger transfers and maintain public order at transfer locations.

Chapter III

PREVENTING FLOODS AND STORMS

Article 12. Contents of annual flood and storm prevention work

1. Managing and protecting the road infrastructure system and road transport means from the destructive impact of floods, storms, accidents, and natural disasters. Preventing actions that may cause damage or destruction to works during floods, storms, accidents, or natural disasters.

2. Within their management scope, units must regularly inspect and evaluate the safety level of works that need protection or those related to flood and storm prevention, accident response, and rescue operations. If damage or deterioration is found, timely measures must be taken; if beyond their capacity, immediate reports must be made to higher-level authorities for resolution before the flood and storm season.

3. Develop a flood and storm prevention plan for the unit. The plan must anticipate possible accidents, floods, storms, and natural disasters; the impact on infrastructure works, equipment, assets, workshops, and road transport means; establish plans and measures to handle these issues appropriately as follows:

a) Measures to reinforce, repair, cover, shield, secure, support, prop up, and brace works, workshops, equipment, means of transportation, and goods;

b) Plans for evacuating equipment, goods; rescue and evacuation plans, passenger and cargo transfer plans;

c) Stockpiling of materials and backup equipment; stockpiling of food and supplies to prepare for prolonged road collapses and interruptions caused by floods and storms;

d) Measures to prevent objects from being washed against bridge and culvert structures when there is flooding;

đ) Regularly monitor the development of floods, storms, accidents, and natural disasters; observe the actual situation of floods, storms, accidents, and natural disasters affecting works; monitor the flood and storm resistance levels of works and equipment;

e) Establish communication protocols during times of floods, storms, accidents, and natural disasters. Anticipate situations such as power outages and communication disruptions to proactively prevent and quickly and effectively address them when they occur.

4. Strengthen inspections of flood and storm prevention, accident response, and rescue operations in subordinate units, especially critical and weak works.

5. Prepare materials, means, and equipment for essential items for flood and storm prevention, response, and aftermath mitigation; accident response, and rescue operations:

a) Main materials include: sandbags, tarpaulins, gravel, crushed stone, steel baskets, cables, steel wire, ropes, hammers, shovels, spades, labor protective gear, fast-setting asphalt, quick-setting cement, fuel, I-beams, Bailey bridges, warning signs, barriers, guardrails;

b) Equipment includes: ferries, rescue cranes, construction cranes, loading and unloading trucks, boats, pile drivers, excavators, bulldozers, generators, pumps, welding machines, jacks, wired and wireless communication devices;

c) Stockpile essential food, supplies, and medicines in dangerous and remote areas for use when necessary.

6. Organize training on information reception and processing and flood and storm prevention, response, and aftermath mitigation; accident response, and rescue operations.

7. Command the activities of the frontline force for flood and storm prevention, response, and aftermath mitigation; accident response, and rescue operations of the unit.

Article 13. Flood and Typhoon Prevention for Newly Constructed Road Projects

New road construction projects must be capable of withstanding the impact of floods, typhoons, accidents, and natural disasters. From the survey and design phase, they must comply with technical standards and regulations, based on the following requirements:

1. Study the topography and geomorphology of the construction site and watershed, the formation of upstream structures that affect the road project. Collect comprehensive statistical data on rainfall volume, flow rate, water level rise, wave erosion, tidal influence in coastal areas, wind pressure; pay attention to flood, typhoon, accident, and natural disaster conditions in the area, focusing on historical data and geological exploration at the construction site to serve as a basis for design work.

2. Select appropriate locations, materials, and structural types to withstand typhoons and winds.

3. Calculate hydrology according to the designed flow rate; design the structure to withstand wind intensity ensuring the stability of the entire project and individual components against wind and typhoons; design according to standards but consider the impact of global and regional climate change; the impact of hydropower, agricultural, and fisheries projects, as well as environmental destruction caused by human activities such as deforestation and unregulated extraction of raw materials, which alter the environment in the construction area.

4. When designing bridge spans, avoid narrowing the natural flow of rivers and streams to prevent flooding, damage to the approach roads, and scouring of bridge piers and abutments. Calculate the scour depth under the pier and abutment to determine the foundation depth higher than the riverbed depth after safe scouring, depending on the type of foundation. Pay attention to designing guide banks to adjust the flow direction, paving the slope protection of embankments and approach roads, and constructing upstream protective piers to deflect floating debris from hitting the bridge piers directly.

5. For road projects, thoroughly calculate drainage channels (longitudinal, transverse, crown) with sufficient drainage area to handle large volumes of water during heavy rain and floods.

6. The road base elevation must be higher than the calculated highest water level during typhoons and floods. If temporary water overflows are accepted, special designs must be made to protect the road section, such as paving the road surface and shoulders to prevent scouring, and reinforcing the road base to withstand traffic loads when saturated.

7. Slope protection must have an appropriate gradient corresponding to the height of the embankment (positive or negative), soil type, and stratigraphic structure; it must be designed to ensure stability even in adverse conditions due to floods, typhoons, heavy rains, surface and groundwater impacts.

8. Adequate investment should be made in scientific research to apply new technological advancements to create projects capable of withstanding the impact of floods, typhoons, accidents, and natural disasters. Study hydrological and hydraulic laws of rivers, flood and typhoon patterns in different regions to propose suitable structural types resistant to floods, typhoons, accidents, and natural disasters in specific areas.

Article 14. Flood and Typhoon Prevention for Construction Projects Underway

1. For construction projects that extend through flood and typhoon seasons, it is essential to have a plan to prevent flood and typhoon damage to ensure the safety and quality of completed work sections, traffic safety, and the safety of auxiliary works, construction equipment, material storage areas, and living quarters for staff.

2. The project sponsor or construction unit must purchase insurance for personnel, machinery, and construction projects at least equal to the approved insurance budget in the estimate.

3. Flood and typhoon prevention during the design, organization of construction, and preparation phases:

a) The basis for design, organization of construction, and overall schedule must be based on actual survey data from the area and must incorporate awareness of flood and typhoon prevention from the start of construction until completion, and there must be a plan for flood and typhoon prevention.

b) The overall schedule must be reasonable, avoiding scattered construction, especially for underwater project components and areas prone to flooding.

c) The construction site area must be arranged reasonably with the highest possible flood and typhoon resistance capacity. Warehouses, workshops, and material storage areas must be located in high places that will not be flooded, and when encountering wind or typhoons, they must be secured to prevent collapse.

d) Construction equipment must be properly maintained, floating equipment must have mooring areas or sheltered spots to secure them during rainstorms.

đ) The flood and typhoon prevention plan of the construction unit must be consistent with the local Flood and Typhoon Prevention Command Board and the road management unit to effectively coordinate in flood and typhoon prevention.

4. Flood and typhoon prevention during the construction and completion phases of the project:

a) Construction must follow procedures and regulations, ensuring traffic safety when working on operational roads according to the approved construction organization plan and flood and typhoon prevention plan.

b) Do not discard waste materials that block water flow. After construction, clear the riverbed to ensure good drainage and traffic safety.

c) When floods or typhoons are imminent in the construction area, promptly inspect the actual condition of the project and urge relevant departments to implement the flood and typhoon prevention plan, particularly lowering high equipment and moving underwater equipment to sheltered spots and securing them firmly.

d) Neatly collect materials, store equipment in designated areas, prepare emergency supplies, and repair any damage to road infrastructure to ensure safe and smooth traffic under all circumstances.

đ) Prepare forces, means, equipment, and materials necessary to participate in flood and typhoon prevention and aftermath recovery as required and directed by local authorities and the General Department of Highways.

Article 15. Flood and Typhoon Prevention for Operational and Exploited Construction Projects

Agencies and units implementing flood and typhoon prevention for operational and exploited road construction projects, in addition to regular maintenance and repair tasks, must also regularly inspect and review road projects before, during, and after each flood or typhoon season to promptly identify sudden damages; immediately implement repair measures and reinforce damaged parts or those at risk of flood and typhoon threats, and ensure the drainage system remains unobstructed.

Flood and typhoon prevention requirements for certain important project components include:

1. For small bridges and culverts:

a) For small bridges: First, ensure unimpeded water flow upstream and downstream, always maintaining good drainage. Parts prone to erosion such as quarter cones, bridgeheads, abutment bases, and energy dissipation aprons need to be repaired and reinforced before the flood and typhoon season.

b) For culverts: Clear sediment traps and culvert channels, including water during the rainy season, reinforce the culvert headwalls and energy dissipation aprons; if the culvert is in an area with drifting rocks and trees, measures must be taken to strengthen against rock and tree drifts that could block the culvert and cause flooding and erosion of the road base or subgrade.

2. For medium and large bridges:

Regular inspections and repairs must be carried out according to regulations, especially for parts prone to damage from rain and floods.

For bridges in areas with drifting rocks and trees, personnel must continuously monitor and remove debris to prevent it from attaching to bridge piers and decks, and if necessary, install anti-collision supports.

In areas with frequently changing water flows, measures must be taken to adjust the water flow and reinforce the banks and bridge abutments appropriately.

Special attention must be given to large bridges: Continuously monitor wind speed on the bridge; promptly close the bridge (temporarily halt traffic) and redirect traffic to ensure safety when wind speeds exceed the design specifications.

3. For road embankments:

Road embankment slopes and shoulders must be covered with grass and mats at the designed slope; unstable embankment slopes require retaining walls or slope reinforcement; areas where the road base is prone to flooding must be reinforced with shoulder and embankment slopes and appropriate surface structures. For drainage ditches, including longitudinal ditches, crown ditches, and side ditches, clear vegetation, silt, and stones to ensure good drainage and the necessary slope; damaged reinforcement sections must be repaired before the rainy and flood season.

4. For overpasses and culverts:

Overpasses and culverts must be patched, embankments reinforced, upper and lower aprons repaired, and signaling systems, markers, and water level gauges repainted. Personnel must be on standby at both ends of the culvert when water levels rise to manage traffic. Before resuming traffic, inspect the overpass and culvert conditions to ensure safety.

5. For floating structures, pontoon bridges, ferries, and boats:

Secure all items on the vessels tightly to prevent them from shifting, overturning, breaking, or moving and altering the center of gravity.

Ensure watertightness of deck covers. Ferry, pontoon, and boat sides and bottoms must not be punctured or leak.

Machinery, propellers, and steering gear must always be in good condition, and pumping systems must have sufficient capacity to dry out pontoon and ferry hulls and open decks with adequate drainage holes and effective drainage.

Mooring basins and anchorage facilities must be fully equipped to shelter ferries and buoys during floods and storms;

Life-saving and fire-fighting equipment must be fully provided;

6. For road tunnels and underpasses:

- For important road tunnel projects with specific management regulations, they must comply with the provisions of such regulations, and also implement appropriate measures to prevent, combat, and mitigate flood and storm damage in accordance with the scale of the project.

- Road tunnel and underpass management units must conduct regular inspections and maintenance as prescribed, repairing and reinforcing parts that may be damaged by rain and floods, such as electrical systems, pump systems, drainage systems, erosion control, rock slides, and floating debris at both ends of the tunnel. They must develop contingency plans for power outages and excessive rainfall flooding the tunnel, causing inundation.

Chapter IV

FLOOD AND STORM PREVENTION

Article 16. Contents of flood and storm prevention work

1. To ensure effective flood and storm prevention efforts, agencies and units involved in flood and storm prevention and aftermath mitigation must complete their assigned preventive tasks before the flood and storm season begins.

2. When floods or storms occur, highway flood and storm command agencies must remain on duty 24/7 to closely monitor the situation; based on the level of danger, impact of floods and storms, geographical conditions, and actual circumstances, they must select and apply appropriate and timely flood and storm prevention measures; directly direct or advise the heads of agencies, units, and enterprises to implement the proposed flood and storm prevention solutions, ensuring the following requirements:

a) Rescue people and protect state and public property;

b) Immediately reinforce and repair in place areas of road infrastructure where incidents have occurred to reduce flood and storm damage; protect the road transportation infrastructure. In cases where the incident exceeds the unit's capacity, while attempting to self-repair and rescue to prevent further damage, report and propose assistance from competent authorities;

c) When there is a risk of road collapse, landslides, or rockslides endangering people and road traffic, restrict or reroute traffic or prohibit passage;

d) Cease flood and storm prevention activities when there is a danger to the flood and storm prevention unit; command the area to be sealed off to ensure traffic safety.

3. When road management and maintenance units mobilize personnel, equipment, materials, and backup equipment to prevent floods and storms, they must establish all mobilization procedures and material transfer documentation as required by law as the basis for settlement and reimbursement.

If personnel, equipment, and backup materials are mobilized to the site for flood and storm prevention but no incident occurs or the storm changes direction or dissipates, an on-site record must be made and representatives from the Highway Management Zone (national highways), Department of Transportation (for local roads), County Flood Control Command Board or the People's Committee of the county where the incident occurred must participate in confirming the record as the basis for settlement.

The Highway Management Zone and Department of Transportation are responsible for reviewing, verifying, and settling or proposing settlement according to the prescribed procedures.

Article 17. Coordinating activities to combat floods, storms, and rescue operations

When floods or storms occur, efforts must be intensified to coordinate activities for combating floods, storms, and rescue operations:

1. Flood and storm response forces at the scene must strive to fully utilize their capabilities to rescue victims and quickly evacuate from dangerous areas; in cases where the situation exceeds their capacity, they must immediately notify the nearest specialized search and rescue or medical emergency forces equipped with appropriate equipment to take charge of the rescue operation; at the same time, they must be ready to cooperate when requested. - Column (7): Land area in land allocation decisions, lease decisions, or documents of the competent authority or actual land area managed and used (applicable to assets that are buildings and land). 2. Road traffic inspection forces must proactively and actively coordinate with other functional forces in traffic management, rerouting, and ensuring public security and social order in the affected area.

3. In the event that floods or storms cause damage to roads and bridges, leading to traffic disruptions, local flood and storm prevention and control command boards must promptly coordinate with provincial and district-level flood and storm prevention and control command boards to assess the extent of damage and propose solutions to mitigate the aftermath of floods and storms, ensuring traffic according to regulations within the shortest possible time; simultaneously, they must report upwards and announce on mass media so that people can be informed and take preventive measures.

REMEDIAL ACTIONS FOR FLOOD AND STORM AFTERMATH

Chapter V

Article 18. Contents of remedial actions for flood and storm aftermath

Road infrastructure recovery activities following floods and storms are carried out promptly once the rain subsides and the floods or storms weaken, and include the following main contents:

1. Vigorously carry out search and rescue operations for victims; salvage and assist in rescuing people's means of transportation and property affected by floods and storms.

2. Participate in relief efforts, assistance, and stabilization of living conditions for people in flood and storm-affected areas or those isolated due to floods and storms.

3. Investigate, survey, and statistically record losses and propose solutions to mitigate flood and storm damages.

4. Repair and restore damaged road infrastructure to ensure smooth traffic flow.

5. Repair construction equipment, office buildings, warehouses, workshops, and implement the fastest measures to resume production.

6. Implement environmental sanitation and disease prevention measures.

7. Prepare budget estimates, payment, and final settlement of costs for remedial actions for flood and storm aftermath in accordance with legal provisions.

Article 19. Remedial Actions for Flood and Storm Aftermath Ensuring Traffic

Remedial actions for flood and storm aftermath ensuring traffic consist of two steps:

"Step 1 of remedial actions for flood and storm aftermath ensuring traffic"

1. Step 1: involves immediate repair and restoration of damaged road infrastructure right after floods or storms weaken or weather returns to normal, and is primarily conducted by units and enterprises responsible for managing and maintaining roads under their assigned tasks, mobilization, and directives from higher-level road management authorities, with the aim of restoring safe and uninterrupted traffic operations. "Step 2 of remedial actions for flood and storm aftermath ensuring traffic"

2. Step 2: “occurs after completing Step 1 of remedial actions for flood and storm aftermath ensuring traffic. The road management and maintenance unit conducts a comprehensive assessment of the damage to the affected infrastructure based on pre-damage standards; on this basis, they report to the Highway Management Board (for National Highways), Department of Transport (for National Highways entrusted with management and local roads), Project Management Board, or project sponsor (for unfinished or ongoing roads) for review and approval. If investment is required to restore the infrastructure to its pre-damage standard or upgrade it, the necessary investment procedures shall be carried out in accordance with legal provisions governing investment and construction. This is the phase following the completion of work to mitigate the aftermath of floods and storms, ensuring step 1 traffic safety. The road management and maintenance unit conducts a comprehensive reassessment of the damage to the infrastructure area affected by floods and storms according to the standards before the damage occurred; on this basis, report to the Highway Management Zone. (for National Highways), Department of Transport and Communications, (for National Highways entrusted with management and local roads), Project Management Board, project sponsor (for undelivered or ongoing construction roads) for review and verification. In cases where investment is required to restore the works to their pre-damage standards or upgrade them, proceed with the necessary investment procedures "post-flood and storm mitigation and traffic safety step 2 works" in accordance with the legal provisions governing investment and construction procedures.

Article 20. Construction items for remedying flood and storm consequences and ensuring traffic phase 1.

1. Remedying traffic congestion:

When floods or storms cause damage leading to interruption of road traffic, the unit responsible for managing and maintaining the roads must immediately mobilize forces to remedy the situation and ensure traffic flow, specifically;

a) Post personnel at both ends of the damaged section, set up warning signs, clear and level at least one lane for safe passage, construct sturdy barriers around severely damaged sections with guards to direct and control traffic, organize reasonable traffic diversion, and announce on mass media;

b) Organize on-site record confirmation of location, extent of damage, and volume of work with participation from representatives of the Road Management Zone, the District Flood Control Command, or the District People's Committee where the damage occurred, and agree on remediation plans; representatives from participating agencies and units who confirm the records must bear legal responsibility for the authenticity of the damage caused by floods and storms and the volume of work confirmed to be carried out; (for National Highways), Department of Transport and Communications, (for National Highways entrusted with management and local roads), c) Conduct temporary repair work to ensure safety while reporting in writing about completed remediation efforts to the road management authority and the higher-level Flood Control Command;

d) Invite design consultants and supervisory consultants selected or designated by the project sponsor to the site to cooperate with the construction unit: Develop repair plans, measure and calculate volumes, schedule traffic restoration, and estimate damages; simultaneously supervise and provide technical guidance during the implementation of traffic phase 1 construction items.

2. Repairing damaged bridges and roads, remedying flood and storm consequences:

a) In cases of minor damage such as fallen trees with a diameter ≥ 30cm across the road, minor landslides, remaining road width of at least 4 meters, and earth mounds covering the road surface not exceeding 100 meters,

... then the Road Management Unit should proactively organize forces to conduct temporary repairs to allow traffic, followed by completing repairs for normal traffic. For sections flooded with water, only certain types of vehicles may pass depending on the depth of flooding, water speed, and condition of the affected structures within permitted limits, but the unit must provide guidance such as setting up markers, water level gauges, and having personnel at both ends of the flooded section to manage traffic flow. Large heavy vehicles are prohibited from running on sections still flooded with water.³ b) In cases where drainage systems are damaged, road surfaces eroded, sunken, or deformed with numerous potholes causing traffic safety issues, immediate measures must be taken to safely allow vehicle passage. Depending on specific situations, appropriate materials such as mixed soil-rock, gravel, standard crushed stone, asphalt paving, or cold-mixed asphalt concrete should be used.

c) Traffic signal systems and auxiliary facilities that have been damaged must be repaired promptly to guide and control traffic smoothly and safely.

d) In cases of significant damage such as total landslide over the entire road width, large amounts of debris covering the road surface, bridge collapse, culvert washout, high water levels... the Road Management Zones and Departments of Transport must directly direct and manage repairs, mobilizing subordinate units to dispatch manpower, equipment, and necessary supplies to the site to:

- Organize traffic diversion to ensure traffic flow, quickly opening local detours where no alternative routes are available to temporarily allow traffic;

- Carry out leveling, filling, and bulldozing of landslide debris to ensure safe traffic passage;

- In cases of embankment slope failure: use rock gabions and fill the base with suitable materials or construct a new route towards the opposite embankment (depending on the terrain if possible);

- Repair damaged bridges or construct temporary bridges to restore mainline traffic. 3. In cases of extremely large damage volumes, complex techniques, and difficult terrain such as a broken road section or the collapse of medium to large bridges, the Vietnam Highway Administration must establish a Rescue Command led by the Vietnam Highway Administration leadership and members representing relevant Bureaus, Departments, and Commands to directly direct and manage rescue operations. Before rescuing the structure, the Road Management Zones and Departments of Transport must organize traffic diversion on alternative routes or local detours

(underpasses, pontoon bridges, ferry terminals)

to temporarily allow traffic. 4. For transportation projects where the construction unit has taken over from the road management unit or is currently undertaking unfinished construction according to a project, that construction unit bears primary responsibility for preventing and combating floods and storms and remedying their consequences. During the pre-flood and storm period, they must fully fulfill responsibilities to ensure safe and smooth traffic. After the flood and storm, they must report to the project sponsor, insurance agency, district-level local government, and related agencies to inspect the site, determine the damage caused by floods and storms, and develop remediation plans as the basis for insurance compensation. In cases of significant damage exceeding the insurance agency's compensation capacity, additional involvement of local financial agencies is required to assess the damage and develop remediation plans. Once the plan is established, immediate implementation must be carried out to ensure traffic and jointly with the project sponsor and design consultants, implement thorough remediation measures and act swiftly. If the construction unit lacks sufficient traffic management resources, the construction unit must collaborate with the directly managing road unit to implement the measures.

4. For transportation works where the contractor has received delivery from the road management unit or is currently undertaking unfinished construction under a project, that contractor bears primary responsibility for flood and storm prevention, mitigation, and recovery. Prior to and during floods and storms, they must fully ensure safe and smooth traffic operations. Post-flood and storm, they must notify the project sponsor, insurance agency, district-level authorities, and relevant agencies to inspect the site, determine the damage caused by floods and storms, and develop a recovery plan as the basis for insurance compensation. In cases of significant damage exceeding the insurance agency's compensation capacity, local financial agencies should be invited to participate in assessing the damage and developing a recovery plan.

Once the recovery plan is established, immediate action must be taken to ensure traffic safety and work with the project sponsor and design consultants to implement thorough recovery measures promptly. If the contractor lacks sufficient manpower to ensure traffic safety, they are responsible for coordinating with the direct road management unit to jointly execute the tasks.

Article 21. Documents for Mitigating Flood and Typhoon Consequences and Ensuring Step 1 Traffic

1. After completing all works to mitigate flood and typhoon consequences and ensure step 1 traffic, the construction unit must proactively coordinate with the design consultancy and construction supervision units of the project owner to establish and complete the completion documents for the "project for mitigating flood and typhoon consequences and ensuring step 1 traffic" within thirty working days from the date of completion of the works to mitigate flood and typhoon consequences and ensure step 1 traffic. The completion documents must be reviewed by the Road Management Zone and submitted to the General Department of Roads for approval (if it is a national highway); reviewed by the Department of Transport and Construction and submitted to the People's Committee of the province for approval (if it is a local road)

as the basis for requesting allocation of funds and settlement of accounts for the unit. 2. The time limit for reviewing, examining, and issuing decisions on settlement of accounts for the unit is: thirty working days from the date of receipt of complete completion documents according to regulations for small and medium-sized damaged projects; forty-five working days for large damaged projects; sixty working days for very large and technically complex projects; 3. The contents of the completion documents are stipulated as follows:

a) For small and medium-sized damaged projects:

- A report from the Road Management Zone or the Department of Transport after reviewing the documents.

- An initial report from the Road Management Zone or the Department of Transport regarding the damage caused by floods and typhoons.

- A record attached with a detailed list of investigations, surveys, and evaluations of technical damage, volume, and proposed remediation plans and schedules confirmed by representatives: the direct road management unit, the Road Management Zone or the Department of Transport, the County Disaster Prevention and Control Command or the County People's Committee where the damage occurred.

- A record confirming the volume completed attached with a detailed list;

- A straightened plan, cross-sections, and longitudinal sections representing the location, condition of damage, and structure already treated confirmed by the design consultant and construction supervisor of the project owner;

- An estimate of the damage mitigated at step 1.

b) For large damaged projects:

In addition to the contents of the completion documents as prescribed in point a above, this section must also include complete construction drawings showing the volume and structure of temporary repair works and temporary traffic flow.

c) For very large damaged projects with complex technical issues:

In addition to the contents of the completion documents as prescribed in points a and b above, for projects assigned directly by the Ministry of Transport to the Project Management Board or assigned by the General Department of Roads to the Project Management Boards under the General Department of Roads or the Departments of Transport as project owners, the documents must be established by a design consultancy with legal capacity and reviewed by the project owners and submitted to the Ministry of Transport or the General Department of Roads for approval.

MANAGEMENT AND USE OF FUNDS FOR FLOOD AND TYPHOON PREVENTION AND MITIGATION

Article 22. Financial Sources

Chapter VI

Financial sources for flood and typhoon prevention, mitigation, and aftermath handling in the road sector include:

1. State budget allocation.

2. Assistance funds from domestic and foreign organizations and individuals when floods and typhoons occur.

3. Mobilization of voluntary labor participation in accordance with the law.

4. Funds from contracts for insuring construction projects.

Article 23. Management, Use, Settlement, and Final Accounting of Funds

1. Financial sources for flood and typhoon prevention, mitigation, and aftermath handling allocated to the road sector shall be managed, used, settled, and finally accounted for in accordance with current regulations.

2. Annually, the General Department of Roads sets aside a maximum of five percent of the economic business capital assigned in the plan as a reserve fund, which is used for

"mitigating aftermath, flood, typhoon, ensuring step 1 traffic"

as stipulated in this Circular. If unused at the end of the year, it will be reallocated for road maintenance work. 3. Costs for mitigating flood and typhoon aftermath are settled based on actual expenditure using the funds specified in Article 22 of this Circular. All costs related to flood and typhoon prevention, mitigation, and ensuring step 1 traffic, when settling accounts, must have complete supporting documents as required by law. INSPECTION, AUDIT, LABOR REGIME, AND REPORTING SYSTEM

3. Costs for mitigating the aftermath of floods and storms are settled through actual settlement using the funds specified in Article 22 of this Circular. All costs related to flood and storm prevention, mitigation, and recovery for step 1 traffic safety, when settling accounts, must have complete documentation in accordance with legal requirements.

Chapter VII

INSPECTION, AUDIT AND LABOR REGIME, REPORTING

Article 24. Inspection and Supervision Tasks

1. Inspect the implementation of flood and storm prevention and aftermath mitigation work in the road sector according to the annual inspection plan of the Ministry of Transport Inspectorate, the General Department of Vietnam Highway Inspectorate, and the Provincial Transport Inspectorate; in cases where situations arise necessitating inspections outside the planned schedule, the advisory agencies shall examine each case and report to the Ministry of Transport leadership, the General Director of the General Department of Vietnam Highway, and the Provincial Transport Director for decisions on inspections in accordance with the law on inspection.

2. Annually, the Ministry of Transport and the General Department of Vietnam Highway shall establish plans for supervision and implement supervision of compliance with legal provisions in flood and storm prevention and aftermath mitigation work and management, preservation, and utilization of emergency materials and equipment for relevant agencies and units.

To enhance the effectiveness of supervision activities, inter-agency supervision can be combined: flood and storm prevention, search and rescue; labor safety, environmental hygiene, and traffic safety assurance during construction on operational highways.

To respond to unexpected developments of floods and storms, the Flood Control and Storm Mitigation Steering Committee of the Ministry of Transport, the Flood Control Command of the General Department of Vietnam Highway, and competent authorities may conduct surprise inspections to urge and promptly correct deficiencies and violations to strengthen the effectiveness of state management in flood and storm prevention and aftermath mitigation.

3. Road Management Zones, Provincial Transport Departments, Project Management Boards shall organize regular and surprise inspections based on their functions, tasks, and specific conditions of the managed areas, to ensure compliance with legal provisions regarding flood and storm prevention and aftermath mitigation work and management, preservation, and utilization of emergency materials and equipment for subordinate units; enterprises and contractors of road projects within the managed area.

4. Heads of organizations and enterprises related must direct the implementation of inspections and self-inspections of flood and storm prevention and aftermath mitigation work in accordance with assigned tasks.

Article 25. Labor System in Flood and Storm Prevention and Aftermath Mitigation

All cadres, workers, and staff participating in flood and storm prevention and aftermath mitigation must strictly comply with orders for emergency response to ensure traffic flow and mitigate flood and storm aftermath from competent authorities. (hereinafter referred to as emergency response to ensure traffic flow) The labor system for cadres, workers, and staff when performing direct or indirect flood and storm prevention and aftermath mitigation tasks shall be implemented as follows:

1. If performing tasks during night shifts, holidays, or public holidays, suitable compensatory rest periods shall be arranged. In cases where compensatory rest cannot be arranged, they shall be paid according to the current regulations of the State.

2. Duty personnel and those directing flood and storm control shall be considered as indirectly performing tasks.

3. The following subjects shall be considered as directly participating in emergency response to ensure traffic flow:

a) Cadres, workers, and staff directly working on construction sites.

b) Service, security, and traffic control forces on construction sites.

c) Construction site command boards and other assisting forces on construction sites.

4. Sources of funds for labor compensation:

a) Directly participating in emergency response to ensure traffic flow: Utilize the permitted economic affairs fund of the road sector to mitigate flood and storm aftermath and ensure traffic flow at stage one.

b) Indirectly performing tasks: Utilize the annual operating budget of the unit and additional support funds for the operation of the Flood Control and Storm Mitigation Command Board. (if applicable).

Article 26. Duty roster for flood and storm prevention

Implement according to the provisions of the Central Steering Committee for Flood and Storm Prevention and the following regulations:

1. Duty hours: from May 5th to December 31st each year, specifically:

a) On days without floods, storms, accidents, or natural disasters: duty during regular working hours; outside regular working hours, duty through mobile phone on call.

b) On days with tropical depression, heavy rain, floods, or storms (warning level 1 or higher): 24/7.

2. Duty personnel:

a) For the Ministry of Transport and the General Department of Roads and Waterways: duty according to Clause 1 of this Article, including:

- Leaders and staff of the Office of the Standing Steering Committee for Flood and Storm Prevention under the Ministry of Transport;

- Leaders and staff assisting the Command for Flood and Storm Prevention under the General Department of Roads and Waterways.

b) For regional and facility levels forecasted to be directly affected or impacted by floods or storms: duty according to Point b, Clause 1 of this Article, including:

- Road Management Zones, Departments of Transport, Project Management Boards: Leaders and staff assisting the Regional Command for Flood and Storm Prevention;

- Relevant agencies, units, enterprises: Leaders and officers assisting the Facility Command for Flood and Storm Prevention;

- Commanders and workers of the Flood and Storm Prevention Team (unit) on construction sites related to road works during the flood and storm season.

3. Enhanced duty roster: when necessary, the Heads of the Flood and Storm Prevention Commands at all levels will assign members of the Flood and Storm Prevention Command to participate in enhanced duty rosters to improve the effectiveness of timely guidance and response to developments of major flood and storm events.

4. Duty roster schedule and enhanced duty roster schedule shall be assigned by the Flood and Storm Prevention Steering Committees at all levels within their authority and reported to the superior Flood and Storm Prevention Steering Committee for monitoring and directing, managing Flood and Storm Prevention when floods and storms occur.

5. Duties of the duty shift:

a) Closely monitor the development of flood and storm situations through specialized Flood and Storm Prevention communication channels from central to local levels and on mass media; simultaneously grasp actual conditions and progress in implementing preventive measures within the unit's jurisdiction;

b) Analyze and propose solutions for competent authorities to issue directives and manage units in combating floods and storms;

c) Announce superior instructions to relevant units and individuals;

d) Report on rainfall, storm, accident, disaster developments, preliminary damage assessment, and rescue and recovery efforts within the management scope according to regulations.

6. Duty roster system for flood and storm prevention:

a) Those on duty for flood and storm prevention during night shifts, holidays, and public holidays shall be granted compensatory leave corresponding to the duty time as follows:

- Night duty from 16:30 to 7:30 the next morning, entitled to 24 hours of compensatory leave (one day and night);

- Day duty during holidays and public holidays, entitled to 24 hours of compensatory leave (one day and night) for each duty shift.

b) In cases where compensatory leave cannot be arranged, compensation for labor during duty time shall be provided according to current state regulations.

Article 27. Information and Reporting System in Flood and Storm Prevention

Implement according to laws on flood and storm prevention and the following regulations:

1. Urgent report: When floods or storms occur, depending on the severity, the Regional Flood and Storm Prevention Steering Committee and the Facility Flood and Storm Prevention Steering Committee must report to the Flood and Storm Prevention Steering Committee of the General Department of Roads and Waterways or the Flood and Storm Prevention and Rescue Steering Committee of the Ministry of Transport as follows:

a) Direct report: is a direct report of the flood and storm situation through the direct line, mobile phone, or telecommunication technology transmission of data and images of serious accidents and losses affecting road transport operations that threaten people's lives, to immediately take measures to handle the situation;

b) Daily report via FAX: is a written report sent via FAX before 8 am and before 4 pm of the same day throughout the period of floods and storms to accurately grasp the situation and promptly direct measures according to authority or propose to superiors.

2. Quick report: is a written report prepared immediately after the end of a flood or storm event and submitted to the superior Flood and Storm Prevention Command to report on damage, affected conditions, and handling plans, proposals (if any).

3. Sudden report: upon receipt of a sudden reporting request from higher-level flood and storm prevention agencies, the receiving agencies and units shall be responsible for reporting according to the requested contents and deadlines to serve flood and storm prevention tasks at all levels.

4. Regular report:

Mid-year report: The Regional Flood and Storm Prevention Steering Committee and the Facility Flood and Storm Prevention Steering Committee shall submit mid-year reports on flood and storm prevention work to the Flood and Storm Prevention Steering Committee of the General Department of Roads and Waterways before July 15th each year to compile, analyze, assess the actual situation, proactively adjust, and develop response measures.

5. Annual report: At the end of the year, the Flood and Storm Prevention Steering Committee of the General Department of Roads and Waterways and the Regional Flood and Storm Prevention Steering Committee shall prepare annual reports on flood and storm prevention work along with the next year's prevention plan and recommendations - Column (7): Land area in land allocation decisions, lease decisions, or documents of the competent authority or actual land area managed and used (applicable to assets that are buildings and land). to be submitted to the Flood and Storm Prevention Steering Committee of the Ministry of Transport before January 15th of the following year for compilation and reporting to the Central Flood and Storm Prevention Steering Committee and to develop the Ministry of Transport's flood and storm prevention plan.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 28. Effective Date

This Circular takes effect 45 days from the date of issuance; replacing Decision No. 2988/2001/QĐ-BGTVT dated September 12, 2001 of the Minister of Transport on the issuance of the Regulation on Flood and Storm Prevention and Mitigation in the Road Sector.

Article 29. Implementation Organization

1. The General Department of Roads and Waterways is responsible for directing subordinate agencies and units to inventory and review all existing emergency supplies and equipment under management, serving as a basis for developing an overall plan for equipment and material reserves to support flood and storm prevention and ensure traffic on the national highway system.

2. The Head of the Flood and Storm Prevention and Search and Rescue Steering Committee of the Ministry of Transport, the Director-General of the General Department of Roads and Waterways, the Director of the Ministry's Office, the Director of the Inspectorate, the Heads of Departments, and the Heads of relevant agencies and units are responsible for implementing this Circular.

3. During implementation, if difficulties or obstacles arise, they should be promptly reported to the General Department of Roads and Waterways for consolidation and advice to the Ministry of Transport for consideration and decision to amend and supplement appropriately./.