Circular No. 37/2010/TT-BGTVT stipulates measures for flood prevention, mitigation, and aftermath recovery; emergency response to natural disasters and rescue operations on inland waterways. The Circular applies to organizations and individuals operating in the field of inland waterway transport. Key points focus on establishing Flood Control and Disaster Recovery Command Boards at the Ministry, Department, Provincial Department, and District level, detailing specific tasks for each board, and preventive and response measures against floods, typhoons, and natural disasters.
适用范围
Organizations and individuals, both domestic and foreign, operating in the field of inland waterway transport related to flood prevention, mitigation, aftermath recovery, emergency response to natural disasters, disasters, and search and rescue operations on inland waterways within the territory of Vietnam.
要点
- Organizations and individuals operating in the field of inland waterway transport must proactively implement flood and typhoon prevention measures; develop plans and strategies for flood and typhoon prevention.
- Flood Control and Disaster Recovery Command Boards at all levels have the responsibility to organize the implementation of flood and typhoon prevention and aftermath recovery work in the national inland waterway sector and are subject to the direction of higher authorities.
- Flood and typhoon prevention and disaster response for inland waterway construction projects under development and operation must comply with design, construction, maintenance, and repair regulations.
- Waterway transportation vessels must strictly adhere to communication protocols, weather bulletin reception; prepare typhoon and flood countermeasures when signs of typhoons or floods are imminent.
- When floods, typhoons, or natural disasters occur, inland waterway management units must organize aftermath recovery and ensure safe waterway traffic.
🌐 本文件的社会影响
- Positive impact: Minimize casualties and property damage caused by floods and typhoons; ensure safety of inland waterway traffic.
- Negative impact: Costs for flood and typhoon prevention and aftermath recovery may increase; organizations and individuals must comply with complex regulations.
❓ 常见问题
What must organizations and individuals operating in the field of inland waterway transport implement according to this Circular?
According to the Circular, organizations and individuals must proactively implement flood and typhoon prevention measures; develop plans and strategies for flood and typhoon prevention. They must also comply with design, construction, maintenance, and repair regulations for inland waterway construction projects under development and operation.
What are the responsibilities of the Flood Control and Disaster Recovery Command Boards according to this Circular?
The Flood Control and Disaster Recovery Command Boards have the responsibility to organize the implementation of flood and typhoon prevention measures; develop and implement annual flood control and disaster recovery plans in the national inland waterway sector. They must also guide, direct, urge, and inspect subordinate units to establish and implement flood control and aftermath recovery plans.
What must waterway transportation vessels prepare when signs of typhoons or floods are imminent?
According to the Circular, waterway transportation vessels must strictly adhere to communication protocols, weather bulletin reception; prepare typhoon and flood countermeasures when signs of typhoons or floods are imminent. They must also check the main and auxiliary steering systems and ensure the watertightness of watertight doors and cargo hold covers.
What must inland waterway management units do when floods, typhoons, or natural disasters occur?
According to the Circular, when floods, typhoons, or natural disasters occur, inland waterway management units must organize aftermath recovery and ensure safe waterway traffic. They must also quickly organize and implement the clearance of obstacles within the navigation channel; investigate, verify, and establish files to determine losses; propose plans and measures to restore operations after typhoons, floods, natural disasters, and catastrophes.
What benefits do organizations and individuals participating in flood and typhoon prevention and aftermath recovery receive?
According to the Circular, individuals directly involved in flood and typhoon aftermath recovery and natural disaster response during rescue operations will be paid double their regular daily wage. They also receive midday meals and additional meal allowances as prescribed by law.
全文
CIRCULAR
Rules on prevention, control, and mitigation of flood and typhoon consequences; emergency response to natural disasters and rescue operations on inland waterways
Emergency response to natural disasters and rescue operations on inland waterways
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Based on the Law on Inland Waterway Transport dated June 24, 2004;
Based on the Ordinance on Flood and Typhoon Prevention and Control issued in 1993 and the Ordinance amending and supplementing certain articles of the Ordinance on Flood and Typhoon Prevention and Control issued in 2000;
Based on Decree No. 08/2006/NĐ-CP dated January 16, 2006 of the Government detailing certain provisions of the Ordinance on Flood and Typhoon Prevention and Control amended and supplemented on August 24, 2000;
Based on 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;
Based on Decree No. 14/2010/NĐ-CP dated February 27, 2010 of the Government stipulating the organization, tasks, powers, and coordination mechanisms of the Central Steering Committee for Flood and Typhoon Prevention and Control, the Steering Committees for Flood and Typhoon Prevention and Control and Search and Rescue Operations of Ministries, sectors, and localities;
Based on Decision No. 76/2009/QĐ-TTg dated May 11, 2009 of the Prime Minister regarding the establishment and operation of the National Search and Rescue Committee and the search and rescue system of central ministries and localities;
Pursuant to Decision No. 118/2008/QĐ-TTg dated August 27, 2008 of the Prime Minister promulgating the Financial Management Regulations for Search and Rescue, Disaster Response Activities;
Based on Decision No. 63/2002/QĐ-TTg dated May 20, 2002 of the Prime Minister on Flood and Typhoon Prevention and Control;
Based on Circular No. 92/2009/TT-BTC dated May 12, 2009 of the Ministry of Finance guiding the payment of expenses from the state budget for organizations and individuals participating in search and rescue, rescue, emergency response, natural disasters, and catastrophes;
Based on Joint Circular No. 09/2008/TTLT/BTC-BGTVT dated January 30, 2008 of the Ministry of Finance and the Ministry of Transport guiding the management, settlement, and final accounting of financial expenses for economic management and maintenance of inland waterway infrastructure;
The Minister of Transport hereby stipulates rules on prevention, control, and mitigation of flood and typhoon consequences, emergency response to natural disasters and catastrophes, and search and rescue operations in the field of inland waterway transport as follows:
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Circular stipulates the work of prevention, control, and mitigation of flood and typhoon consequences; emergency response to natural disasters and search and rescue operations concerning the infrastructure, equipment, assets, transportation means, and people on inland waterways.
Article 2. Applicability
This Circular applies to domestic and foreign organizations and individuals operating in the field of inland waterway transport related to the work of prevention, control, and mitigation of flood and typhoon consequences, emergency response to natural disasters and catastrophes, and search and rescue operations on inland waterways within the territory of Vietnam.
Article 3. Explanation of Terms
In this Circular, the following terms are understood as follows:
1. Floods and typhoons are general terms referring to abnormal natural phenomena that affect inland waterway transport activities such as floods, flash floods, typhoons, tropical depressions, whirlwinds; rising sea levels, waves, prolonged rain threatening or causing damage to transportation infrastructure, assets, equipment, transportation means, and people on inland waterways.
2. Flood refers to the phenomenon where water exceeds normal levels.
3. Flash flood refers to the phenomenon where river water levels rise and then recede within a specific period.
4. Flash flood in mountainous areas occurs when heavy rainfall creates strong currents with significant destructive power and happens suddenly.
5. Typhoon is a tropical cyclone with maximum wind speeds of Force 8 or higher and may have gusts. Typhoons with wind speeds from Force 10 to 11 are called strong typhoons; those with wind speeds of Force 12 or higher are called very strong typhoons.
6. Tropical depression is a tropical cyclone with maximum wind speeds of Force 6 to 7 and may have gusts.
7. Whirlwind is a swirling air current with wind speeds equivalent to those of a typhoon but formed and dissipated quickly over a narrow space ranging from several square kilometers to several dozen square kilometers.
8. Rising water level refers to the phenomenon where seawater rises above normal tidal levels due to the influence of typhoons.
9. Flood and typhoon prevention and control works on inland waterways are structures built either permanently or temporarily to limit or reduce the impact of floods and typhoons on road infrastructure or to serve forecasting, warning, command, and control of flood and typhoon prevention and control operations.
Chapter II
EMERGENCY RESPONSE COMMITTEE FOR FLOOD AND TYPHOON PREVENTION AND CONTROL AND SEARCH AND RESCUE OPERATIONS
Article 4. The Steering Committee for Flood and Storm Prevention and Control of the Ministry of Transport
The Steering Committee for Flood and Storm Prevention and Control of the Ministry of Transport shall be established by the Minister of Transport and serve as a functional agency assisting the Minister in directing the implementation of flood and storm prevention, mitigation of their consequences, emergency response to natural disasters, and rescue operations within the transportation sector, following the business 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 of the Ministry of Transport shall be stipulated by the Minister of Transport.
Article 5. The Steering Committee for Flood and Storm Prevention and Control of the Vietnam Inland Waterway Administration Bureau
1. The Steering Committee for Flood and Storm Prevention and Control of the Vietnam Inland Waterway Administration Bureau shall be established by the Director of the Vietnam Inland Waterway Administration Bureau and directly headed by the Director or his deputy. Members of the Steering Committee for Flood and Storm Prevention and Control work on a part-time basis; their tasks shall be assigned by the Head of the Committee.
The Steering Committee for Flood and Storm Prevention and Control of the Vietnam Inland Waterway Administration Bureau assists the Director in organizing the implementation of flood and storm prevention and control activities in the national inland waterway sector and is subject to the direction and business guidance of the Steering Committee for Flood and Storm Prevention and Control of the Ministry of Transport.
2. The tasks of the Steering Committee for Flood and Storm Prevention and Control of the Vietnam Inland Waterway Administration Bureau include the following contents:
a) Coordinating in drafting normative legal documents on flood and storm prevention and control in the field of inland waterways;
b) Drafting and implementing annual plans for flood and storm prevention and control in national inland waterway activities consistent with the functions and tasks of the Vietnam Inland Waterway Administration;
c) Directing, urging, and inspecting subordinate units to establish and implement plans for flood and storm prevention and the mitigation of their consequences within their management scope;
d) Organizing permanent flood and storm prevention and control according to regulations to promptly collect, disseminate information, and implement measures based on directives and guidance from higher authorities on flood and storm prevention and control;
đ) Summarizing losses caused by floods and storms, proposing remedial measures, and reporting to competent authorities as prescribed in flood and storm prevention and control work;
e) Advising on the review of technical solutions and budget estimates for flood and storm prevention, mitigation of their consequences, and emergency responses to natural disasters for subordinate units;
g) Promoting and disseminating laws on flood and storm prevention and control to organizations and individuals involved in inland waterway transport activities; participating in international cooperation on flood and storm prevention and control in inland waterway activities;
h) Summarizing and drawing lessons from the annual flood and storm prevention and control work of the Vietnam Inland Waterway Administration. Recommending the Director of the Vietnam Inland Waterway Administration to reward units and individuals with outstanding achievements in flood and storm prevention and control work; disciplining units and individuals who violate such work.
Article 6. The Steering Committee for Flood and Storm Prevention and Control of the Department of Transport
1. The Steering Committee for Flood and Storm Prevention and Control of the Department of Transport shall be established by the Director of the Department of Transport. Members of the Steering Committee for Flood and Storm Prevention and Control of the Department of Transport work on a part-time basis; their tasks shall be assigned by the Head of the Committee.
2. The Steering Committee for Flood and Storm Prevention and Control of the Department of Transport is subject to comprehensive direction by the Provincial Steering Committee for Flood and Storm Prevention and Control and the business guidance, supervision, and urging of the Steering Committee for Flood and Storm Prevention and Control of the Ministry of Transport and the Steering Committee for Flood and Storm Prevention and Control of the Vietnam Inland Waterway Administration Bureau.
Article 7. The Steering Committee for Flood Control and Search and Rescue at the Regional Branch of the Inland Waterway Administration
1. The Steering Committee for Flood Control and Search and Rescue at the Regional Branch of the Inland Waterway Administration shall be established by the Branch Director and directly appointed or delegated to a deputy director to serve as the Head of the Committee, with the aim of assisting the Branch Director in implementing flood control and search and rescue operations within the assigned management scope; it shall be subject to the direction and professional guidance of the Steering Committee for Flood Control and Search and Rescue at the Vietnam Inland Waterway Administration.
2. The Steering Committee for Flood Control and Search and Rescue at the Regional Branch of the Inland Waterway Administration shall have the following tasks:
a) Participate in the Steering Committee for Flood Control and Search and Rescue at the Vietnam Inland Waterway Administration; be directly guided by the Steering Committee for Flood Control and Search and Rescue at the Vietnam Inland Waterway Administration;
b) Develop and organize the implementation of plans and schemes for flood control and search and rescue operations in national inland waterway activities within the management scope;
c) Monitor, inspect, urge, and supervise the implementation of flood control and search and rescue operations by grassroots units within the management scope;
d) Summarize the results of flood control and search and rescue operations of units under the management scope; regularly and periodically report to the Steering Committee for Flood Control and Search and Rescue at the Vietnam Inland Waterway Administration;
đ) Organize the duty roster for flood control and search and rescue operations in the national inland waterway sector, including the following contents:
- Receiving instructions from superiors regarding flood control and search and rescue operations in the inland waterway sector;
- Receiving, processing information on flood, storm, accident, natural disaster, and catastrophe situations from the National Hydro-Meteorological Forecasting Center and reports from units;
- Issuing documents to convey superior orders to units;
- Promoting and disseminating laws on flood control and search and rescue operations to organizations and individuals participating in inland waterway transportation activities;
e) Directly command the mitigation of flood and storm consequences; respond to natural disasters and rescue operations within the management scope;
g) Coordinate with local authorities and the Steering Committees for Flood Control and Search and Rescue at local levels, and other agencies within the transport sector to implement flood control and search and rescue operations within the management scope;
h) Draft contingency plans and budget estimates for flood control and search and rescue operations, submit them for approval by competent authorities; carry out inspection work to confirm the volume and cost of mitigating flood and storm consequences, natural disasters, and rescue operations for subordinate units;
i) Summarize experiences, propose commendations and disciplinary actions for individuals and collectives with outstanding achievements in flood control and search and rescue operations on inland waterways within the management scope.
Article 8. The Steering Committee for Flood Control and Search and Rescue at the Grassroots Level
1. The Steering Committee for Flood Control and Search and Rescue at the Grassroots Level includes: regional inland waterway management units, regional inland waterway port supervision units, traffic inspection units for inland waterways, enterprises contracted to perform management and maintenance tasks for inland waterways, and inland waterway management units under the provincial Department of Transport (hereinafter referred to as the Steering Committee for Flood Control and Search and Rescue at the Grassroots Level), which shall be established by the heads of grassroots units. The Steering Committee for Flood Control and Search and Rescue at the Grassroots Level shall be subject to the direction and professional guidance of the higher-level Steering Committee for Flood Control and Search and Rescue.
2. Tasks of the Steering Committee for Flood Control and Search and Rescue at the Grassroots Level:
a) Develop detailed plans for flood control and search and rescue operations that are suitable to actual conditions and the functions and responsibilities of the unit;
b) Coordinate and cooperate with local authorities to implement appropriate measures to proactively manage flood control and search and rescue operations within the unit's management scope;
c) Directly conduct inspections of transportation infrastructure structures related to flood control and search and rescue operations; identify weak structures that may be affected by floods, storms, and natural disasters; inspect houses, warehouses, materials, construction equipment, communication facilities, reserve equipment, and supplies before the rainy season;
d) Directly participate in the following tasks:
- Directly command rescue and recovery efforts for damage caused by storms, floods, natural disasters, and accidents; ensure smooth transportation and rapid resumption of production in all situations;
- Prepare design files and budgets for protective, reinforcing, and repair works to mitigate storm, flood, natural disaster, and catastrophe consequences; directly supervise and direct such repair, reinforcement, and protection works;
- Purchase, stockpile, and regularly maintain reserves of materials, equipment, and means for flood control and search and rescue operations in accordance with progress, quantity, type, and quality requirements;
- Allocate manpower, implement duty rosters, patrols, and guard posts for critical structures and areas during the rainy and storm seasons;
đ) Maintain regular contact with the higher-level Steering Committee for Flood Control and Search and Rescue or supervisory agencies to obtain the latest information on storms, floods, natural disasters, catastrophes, and accidents;
e) Summarize experiences, propose commendations and disciplinary actions for individuals and collectives in flood control and search and rescue operations within the unit.
Chapter III
PREVENTION, CONTROL, MITIGATION OF FLOOD AND STORM CONSEQUENCES, NATURAL DISASTERS, AND RESCUE OPERATIONS
Article 9. General Principles for Flood, Typhoon, Natural Disaster Prevention, Mitigation, and Rescue Work
All organizations and individuals operating in the inland waterway sector must proactively, urgently, and positively implement flood, typhoon, natural disaster prevention, mitigation, and rescue work; promptly carry out tasks to save people, assets, and protect transportation infrastructure; quickly repair damages, restore production, stabilize people's lives to minimize losses when typhoons, floods, and natural disasters occur.
Section 1. PREVENTION OF FLOODS, TYPHOONS, NATURAL DISASTERS
Article 10. General Tasks for Annual Flood, Typhoon, and Natural Disaster Prevention Work in the Inland Waterway Sector
1. Organize management and protection of the inland waterway infrastructure system and inland waterway transportation means from the destructive impact of typhoons, floods, natural disasters, and catastrophes. Prevent actions that pose a risk of damaging inland waterway transportation infrastructure.
2. Regularly inspect and evaluate the safety level of structures requiring protection or those related to typhoon, flood prevention, natural disaster response, and rescue within the scope of management responsibility. When damage or deterioration is discovered, timely measures must be taken; if beyond their capacity, immediate reports must be made to the superior authority for resolution before the rainy and typhoon season.
3. Develop plans for flood, typhoon, and natural disaster prevention for the unit and coordinate with other units in the same area. The plan must anticipate possible worst-case scenarios, the impact on infrastructure, equipment, assets, inland waterway transportation means, according to the following main contents:
a) Implement mooring, securing, bracing measures to protect structures, equipment, means of transport, goods, houses, warehouses;
b) Develop evacuation plans for means of transport, equipment, goods; establish rescue and evacuation plans and relocation plans to safe areas when typhoons and major floods occur;
c) Stockpile materials, means of transport, equipment; store food supplies for flood, typhoon prevention, natural disaster response, and search and rescue operations as needed;
d) Ensure safety measures for structures within the protected channel range, especially river-crossing bridges; traffic regulation and organization plans in key areas to ensure smooth traffic flow;
đ) Continuously monitor typhoon, flood, natural disaster developments and their impact on structures; monitor the flood, typhoon, and natural disaster resistance levels of structures and equipment;
e) Establish communication protocols during flood, typhoon, and natural disaster periods. Anticipate worst-case scenarios such as power outages and communication disruptions to proactively and effectively address them;
4. At all levels, the Command for Flood Control and Disaster Mitigation must organize inspections of flood, typhoon, and natural disaster prevention work of subordinate units, particularly critical and vulnerable structures.
5. Stockpile materials, means of transport, equipment, food, and essential items for flood, typhoon prevention, natural disaster response, catastrophe handling, and rescue at vulnerable and dangerous locations for use as needed.
6. Organize training on information reception and processing for flood, typhoon prevention, natural disaster response, catastrophe handling, and search and rescue operations.
7. Organize the activities of emergency forces for flood, typhoon prevention, natural disaster response, catastrophe handling, and rescue within the unit.
Article 11. Tasks for preventing floods, storms, and natural disasters during the survey, design, and construction phases of inland waterway projects.
1. When conducting surveys and designs, it is necessary to thoroughly study the hydrological and hydraulic laws of rivers; the patterns of storms, floods, and natural disasters specific to each region to select appropriate construction sites.
2. Design calculations must follow procedures and standards while also considering the impact of storms, floods, and natural disasters suitable to the local climate; the influence of global and regional climate change to propose the use of appropriate materials and structures that can withstand storms, floods, and natural disasters, ensuring that all infrastructure components of inland waterway projects have the capacity to endure storm and flood impacts according to their level of importance.
3. In designing projects, efforts should be made to minimize the narrowing of natural river flows. Precise calculations and forecasts of erosion depth or sedimentation levels when operating the project must be conducted.
Article 12. Tasks for preventing floods, storms, and natural disasters for ongoing inland waterway projects.
1. Construction organization designs must include the following contents:
a) Adhere strictly to the basic construction sequence, ensuring that the design precedes the construction by one step and aligns with the overall schedule; pay special attention to flood, storm, and natural disaster prevention elements, particularly for critical and vulnerable projects located in areas frequently affected by floods, storms, and natural disasters.
b) Establish specific schedules for key project components so they can be completed or reach technical stopping points before the storm and flood season.
c) Site preparation must arrange construction layouts with the highest level of safety against floods, storms, and natural disasters.
d) Important warehouses and workshops must be located in sheltered and dry areas to avoid flooding; they must be secured before the rainy and storm seasons.
đ) Plan evacuation zones and anchorage areas for floating equipment such as pile drivers, cranes, barges, and floating pontoons to proactively evacuate them when storms or floods occur.
e) For projects requiring continuous construction, even during the rainy and storm seasons, special designs must be implemented to ensure quality.
2. During construction and completion, precautions against storms, floods, and natural disasters must focus on the following issues:
a) Upon receiving forecasts of impending storms, floods, or natural disasters in the project area, promptly inspect the actual condition of the project and construction equipment and facilities regarding their ability to withstand storms and floods. If these aspects were not considered in the construction organization design phase, stability checks must be performed and timely remedial measures proposed.
b) For barges, pile drivers, and floating pontoons currently serving construction purposes, stability checks must be conducted; quickly lower the center of gravity of equipment, seal overflow holes in floating systems, and secure floating systems from all four directions when storms or floods occur. If possible, evacuate floating equipment to shore at sheltered locations and secure them safely.
c) Must clear and remove obstacles generated during construction within the construction water area that affect the safety of inland waterway traffic before handing over the project.
Article 13. Preventive tasks against floods, storms, and natural disasters for inland waterway transportation infrastructure currently in operation
1. Management and maintenance work includes regular and periodic inspection, repair, and maintenance; this work encompasses the content of flood, storm, and disaster prevention and control for inland waterway transportation infrastructure, which must be strictly implemented.
2. Special attention shall be given to the following tasks:
a) For the buoy signaling system, there must be plans for the recovery and storage of buoys and accessories before floods at appropriate water levels according to the flood warning levels of each river basin; promptly redeploy the buoy signaling system immediately after floods.
b) For pillar-type signaling structures, the mooring wire systems must be inspected and securely fastened.
c) For mooring pile and buoy systems designed to withstand typhoons, maintenance and repairs must be carried out before the rainy season and floods according to established procedures.
d) For revetments and levees, regular maintenance must be conducted either before or after floods depending on the specific function of each type of revetment or levee cluster, following prescribed procedures.
đ) For critical river-crossing bridges, there must be traffic management and guidance plans, specific collision avoidance measures for each bridge position; coordination plans with relevant agencies and units for implementation of these measures must be prepared.
e) For other construction works and architectural structures, timely inspections and repairs must be conducted before the typhoon and flood seasons to ensure their ability to withstand such conditions as designed.
Article 14. Preventive tasks against floods, storms, and natural disasters for inland waterway transport vessels
1. For cargo-carrying vessels:
a) Cargo and objects on board must be secured to prevent displacement, tipping, or shifting that could alter the vessel's center of gravity during travel or anchorage.
b) The main and auxiliary steering systems must always be operational and ready to switch between them quickly and easily; the mooring system (bow, stern, and backup) must be ready for immediate use when necessary.
c) The watertight integrity of all watertight doors and hatch covers must be ensured; if damaged, they must be repaired immediately; unused doors and hatch covers must be closed tightly; bilge pumps and piping systems must operate well; portholes and windows on the sides of the deck and superstructure must remain watertight and closed.
d) When loading cargo, the stability of the vessel must be monitored and checked; cargo on the deck must be properly secured; the influence of free surface with liquid cargo in tanks must be eliminated; special attention must be paid to the carriage of bulk and granular cargoes.
đ) Life-saving equipment, firefighting equipment, anti-sinking, and anti-submergence devices must be inspected; lifeboats, life jackets, and throw ropes must be prepared; items on board must be securely fastened in designated locations; all tarpaulins must be removed if present.
e) In addition to regular preparations, when signs of a typhoon are detected, the captain must issue final preparation orders for each department; inform the situation and assign specific tasks to each department and crew member.
2. For empty vessels:
a) Ballast tanks under the double bottom, bow, and stern must be filled with water to increase stability; all types of mooring wires on board must be thoroughly inspected.
b) Upon receiving typhoon warnings, preparations must include checking the propulsion system and steering systems to ensure they are in good working condition; ensuring that all hatch covers and ventilation systems are tightly sealed; checking the watertightness of compartments and windows on the sides, closing those doors; ensuring proper drainage for open decks.
c) Additional safety lines must be added on the deck and walkways where there are no railings or where railings are not secure, ensuring safe movement.
d) Orders prohibiting non-essential personnel from areas where waves reach the deck must be issued; when working on the deck, at least two people wearing life jackets and safety harnesses must be present.
đ) Oil and water tanks must be inspected; if necessary, filling tanks to increase stability and ensuring draft differences at the bow and stern are appropriate for the current load state of the vessel.
3. During the typhoon and flood seasons, vessels must prepare sufficient fuel reserves for operation. Vessels operating in certain areas must have typhoon and flood avoidance plans in place when such events occur.
Article 15. Preventive tasks against floods and storms, and emergency response to natural disasters for agencies and units operating on inland waterways
1. For units managing inland waterway areas.
a) Prepare plans and budgets for funds to prevent and combat typhoons, floods, and natural disasters; maintenance and repair plans for waterway improvement works; proactively organize implementation upon approval by competent authorities;
b) Regularly inspect the technical condition of ship channels, channel navigation aids, inland waterway improvement works, anchorage areas for ships to avoid typhoons and floods within their management scope;
c) Compile a list of weak structures affected by typhoons and floods to have proactive plans to prevent and combat floods and typhoons, and natural disasters;
d) Organize construction, maintenance, and repair of infrastructure according to pre-storm and flood construction plans;
đ) Prepare sufficient fuel, materials, equipment reserves, and means to restore inland waterway navigation aids affected by floods, typhoons, and natural disasters;
e) Timely announce ship channel notifications, changes to the signaling system, and issues related to inland waterway traffic safety due to typhoons, floods, and natural disasters;
g) Be responsible for notifying typhoon and flood avoidance positions to inland waterway port inspection units and transport units within the area;
h) Be ready to cooperate with localities in mobilizing means capable of participating in rescue operations and search and rescue, resolving inland waterway traffic congestion;
i) Develop plans and budgets for traffic regulation and guidance work at dangerous and difficult-to-navigate areas; anti-drift plans at key bridges for approval by competent authorities;
k) Closely coordinate with local authorities and relevant agencies in flood prevention, disaster mitigation, and aftermath recovery work;
l) Strictly implement information and reporting systems as prescribed in flood and typhoon prevention, disaster aftermath recovery work;
2. For inland waterway port inspection units in areas.
a) Inland waterway port inspection units in areas are responsible for leading and coordinating flood and typhoon prevention, natural disaster response, and rescue operations among agencies, units, and enterprises within their responsibility areas. Urge units operating within their management areas to strictly comply with requirements for flood and typhoon prevention, disaster response, and search and rescue;
b) Develop plans and schemes for typhoon and flood prevention, natural disaster response, and search and rescue within their management scope;
c) Establish and announce anchorage areas for typhoon and flood avoidance. Be prepared with plans to mobilize means capable of participating in search and rescue when adverse situations occur;
d) Based on the specific development of typhoons and floods, promptly organize the evacuation of ships and waterborne vehicles to anchorage areas for typhoon and flood avoidance before typhoons and floods hit the port and inland waterway wharf waters;
đ) In cases where vessels are deemed unsafe during bad weather, resolutely not issue permission for ships to leave the port; require captains and ship owners to take urgent measures to ensure safety for crew members, vessels, and cargo;
e) Organize search and rescue of people, goods, vessels, and ships in distress in port and inland waterway wharf waters. When there is a request for search and rescue of people in distress, promptly mobilize available means in the area to participate in search and rescue;
g) Strictly implement reporting systems for flood and typhoon prevention and search and rescue work within their responsibilities;
3. For Inland Waterway Transport Inspectors.
a) Prepare plans and budgets for funds to prevent and combat typhoons, floods, natural disasters, and rescue operations consistent with their functions and tasks;
b) Implement inspection and supervision plans for ship channels, signaling systems, inland waterway transportation infrastructure, and typhoon and flood avoidance areas within their management scope; coordinate with inland waterway management units to inspect and handle violations of inland waterway transportation laws affecting transportation infrastructure before the typhoon and flood season;
c) Inspect houses, warehouses, equipment, and means under their management, be prepared with plans to mobilize means capable of participating in search and rescue when situations arise;
4. For transport units and port, wharf exploitation units.
a) Develop plans for typhoon and flood prevention, natural disaster response, and rescue operations consistent with their own functions and tasks. When typhoons and floods occur, regularly urge, remind, and inspect vessels to anchor at designated typhoon and flood avoidance locations;
b) Closely coordinate with inland waterway port inspection units and inland waterway management units in developing and implementing plans to evacuate waterborne vehicles operating in ports and during transportation to typhoon and flood avoidance anchorage areas;
c) Be ready to implement requests from port inspection units regarding the mobilization of tugboats with sufficient capacity to participate in search and rescue and resolve incidents in port waters;
d) Strictly comply with requirements for reinforcing and securing crane systems on wharves as stipulated by manufacturers; install complete fendering systems on wharves; apply necessary measures to counteract the negative effects of typhoons and floods on wharf structures and sedimentation in port waters;
đ) Strictly adhere to regulations for protecting power transmission lines and transformer stations serving the operation of ports;
e) For warehouse, dock, and factory systems, have plans to ensure safety without roof damage; port drainage systems must ensure rapid drainage to prevent flooding and waterlogging. Must have fire and explosion prevention plans for storage facilities containing flammable and explosive goods;
g) Motorized transport vehicles and cargo handling equipment must be properly stored in designated locations;
5. For units repairing and building new watercraft:
a) For vessels undergoing repair at the wharf, there must be a plan to mobilize vessels to leave the wharf to anchorage areas for typhoon avoidance; for vessels permitted to moor at factory or enterprise wharfs, they need to reinforce mooring ropes and secure them firmly when typhoons or floods occur;
b) For pedestal cranes and gantry cranes on the wharf, they must be moved to typhoon-resistant positions with typhoon locks at the pedestal, and the pedestal locking parts must be connected to the concrete foundation of the crane track;
c) For basins, floating docks, and vessels under repair in basins or floating docks:
- Secure equipment and components being repaired to the vessel using welding, bolts, cable lashings, reinforce supports, collect electrical wires, oxyacetylene hoses, tools, and machinery to designated locations. At the same time, close cargo hold covers and take measures to cover and prevent rainwater from entering. Use sufficient cables to securely fasten the vessel to the brackets on both sides of the dock;
- Lower cranes to their most stable position and secure them to crane supports. Pedestal cranes must be moved to typhoon-resistant positions and lock safety brakes at the pedestal. The crane boom must be extended according to the manufacturer's specifications;
- Close watertight doors between the pump sump and basin, maintain continuous operation of the dry pump in the basin. Arrange personnel to operate the water pump during typhoons and floods;
- For floating docks, when typhoons occur, they should be sunk to the maximum level. They must be secured to concrete pillars using cables and chains attached to the brackets. Pedestal cranes must be placed in fixed positions when sinking and locked at the pedestal and boom, which must be extended according to the manufacturer's specifications;
d) For inclined slipways:
- Vessels under repair on the inclined slipway must sit on load-bearing slipway cars, which are fixed on tracks and connected to the slipway surface through rails; the entire slipway car system must be connected by cables and tightened with turnbuckles; the vessel must be securely fastened with cable lashings and turnbuckles;
- Secure equipment and components being repaired to the vessel using welding, bolts, cable lashings, reinforce supports, collect electrical wires, oxyacetylene hoses, tools, and machinery to designated locations; close cargo hold covers and take measures to cover and prevent rainwater from entering;
6. For vessels:
a) When traveling on inland waterway routes, vessels must strictly comply with regulations on typhoon and flood prevention, disaster response for vessels. Specifically:
- Strictly implement communication and information collection systems, receive weather bulletins; immediately report typhoon, flood, and disaster information to surrounding vessels;
- Promptly move the vessel to anchorage areas for typhoon and flood avoidance if it is determined that the vessel lacks the ability to withstand typhoons, floods, and disasters;
- In cases where there is insufficient time to move the vessel out of the affected area, reasonable plans to avoid typhoons, floods, and disasters must be implemented to minimize negative impacts on the vessel and transported goods;
- When circumstances permit, strictly comply with requirements to participate in search and rescue operations by authorized agencies;
b) When moored for cargo handling in ports:
- Strictly follow evacuation orders from the Inland Waterway Port Authority, and comply with requirements to participate in search and rescue operations by authorized agencies;
- Prepare the vessel promptly when typhoon warnings are received, ensuring readiness for typhoon countermeasures, keeping the vessel in a state of readiness for mobility;
- When moored, calculate mooring lines and fenders appropriately based on riverbed topography, geological conditions, and surrounding vessel density to ensure safety; the main engine must always be kept in a ready-to-operate state, and all required light and sound signals must be maintained correctly;
- On the vessel, arrange sufficient crew members to handle vessel mobilization and emergency situations;
- The captain must arrange crew members to vigilantly monitor the vessel, ready to respond to drifting mooring. At the same time, keep rescue and firefighting equipment, and standby medical supplies in a state of readiness for operation.
Mục 2. CHỐNG LỤT, BÃO, ỨNG PHÓ SỰ CỐ THIÊN TAI VÀ CỨU NẠN
Điều 16. Nhiệm vụ chống lụt, bão, ứng phó sự cố thiên tai và cứu nạn
1. Phát tin báo lụt, bão, sự cố thiên tai, thảm họa. Ra thông báo cảnh báo, quyết định huy động khẩn cấp, quyết định biện pháp khẩn cấp về chống lụt, bão, ứng phó sự cố thiên tai, thảm họa và cứu nạn.
2. Bảo đảm thông tin liên lạc thông suốt trong khu vực bị ảnh hưởng của lụt, bão, sự cố thiên tai, thảm họa và với Ban chỉ huy phòng chống lụt, bão, ứng phó sự cố thiên tai, thảm họa các cấp.
3. Kịp thời triển khai lực lượng, phương tiện chống lụt, bão, ứng phó sự cố thiên tai, thảm họa và tìm kiếm cứu nạn.
4. Tổ chức, thực hiện ngay việc tìm kiếm, cấp cứu người bị nạn, sơ tán dân ra khỏi vùng nguy hiểm, trục vớt, cứu hộ phương tiện thiết bị, bảo vệ tài sản của Nhà nước, của tập thể và của nhân dân.
5. Thực hiện các biện pháp bảo vệ các công trình thuộc kết cấu hạ tầng đường thủy nội địa; thu hồi, bảo quản phao tiêu, biển báo khi có thông tin cụ thể về bão, lũ phù hợp mức báo động theo lưu vực và tuyến sông; cứu hộ phương tiện, thiết bị, công trình phòng chống lụt, bão đang bị sự cố hoặc có nguy cơ gây ra tai họa.
6. Ngay sau khi bão ngớt (gió dưới cấp 7) các đơn vị quản lý đường thủy nội địa phải tiến hành ngay các công việc sau:
a) Tổ chức kiểm tra tình trạng kỹ thuật kết cấu hạ tầng giao thông đường thủy nội địa; thực hiện ngay các biện pháp khôi phục tạm thời đối với hệ thống báo hiệu, công trình quan trọng bị hư hỏng do bão, lũ;
b) Triển khai lại các phao báo hiệu đã thu hồi trước lũ, phù hợp với quy định về mực nước và tình hình thủy văn dòng chảy trên các tuyến, luồng;
c) Hướng dẫn cán bộ công nhân viên trong ngành đường thủy nội địa và nhân dân thực hiện vệ sinh môi trường sinh thái, đề phòng dịch bệnh tại vùng có lụt, bão, sự cố thiên tai, thảm họa.
7. Tổng hợp số liệu thiệt hại tài sản, lấy xác nhận của các cơ quan liên quan và báo cáo cấp trên theo quy định; lập hồ sơ đề xuất phương án khắc phục và dự toán kinh phí trình cấp có thẩm quyền phê duyệt.
Điều 17. Trực ban chống lụt, bão, ứng phó sự cố thiên tai và cứu nạn
1. Duty Hours:
a) Trong mùa mưa bão, với những ngày không có lụt, bão, sự cố thiên tai, các cơ quan, đơn vị tổ chức trực theo giờ hành chính;
b) Trong những ngày có áp thấp nhiệt đới, mưa lũ, lụt, bão với cường độ lớn (báo động lũ từ cấp 1 trở lên); hoặc có khả năng xảy ra sự cố thiên tai, thảm họa phải tổ chức trực ban 24/24h. Các đơn vị hành chính sự nghiệp trực thuộc Cục Đường thủy nội địa Việt Nam, tổ chức trực 2 ca/ngày, kể cả ngày nghỉ, ngày lễ, thời gian trực chia làm 2 ca như sau:
- Ca 1: Từ 7h30 đến 16h30;
- Ca 2: Từ 16h30 đến 7h30 sáng hôm sau.
2. Stand-by personnel
a) Lãnh đạo đơn vị và cán bộ các bộ phận chức năng;
b) Thành viên Ban Chỉ huy và một số cán bộ giúp việc Ban Chỉ huy phòng chống lụt, bão;
3. Lịch trực do Ban Chỉ huy phòng chống lụt, bão các cấp phân công.
4. Specific Duties of the Duty Shift:
a) Nắm bắt tình hình thời tiết, tình hình lụt, bão, sự cố thiên tai, thảm họa qua mệnh lệnh của Ban Chỉ huy phòng chống lụt, bão, ứng phó sự cố thiên tai và tìm kiếm cứu nạn cấp trên và phương tiện thông tin đại chúng; tiếp nhận báo cáo của các đơn vị cơ sở, nắm tình hình ứng cứu trong phạm vi quản lý của đơn vị;
b) Phân tích và ra các quyết định chỉ đạo cơ sở thực hiện các biện pháp chống lụt, bão, sự cố thiên tai, thảm họa và cứu nạn;
c) Reporting and conveying superior instructions to relevant units and individuals;
d) Báo cáo diễn biến mưa bão, sự cố thiên tai thảm họa, đánh giá sơ bộ thiệt hại và công tác ứng cứu trong phạm vi quản lý của đơn vị; đề xuất, kiến nghị với cấp trên về các biện pháp xử lý sơ bộ và lâu dài.
5. Chế độ đối với người trực phòng chống bão lũ
a) Người trực tiếp tham gia trực PCLB vào ca đêm, ngày nghỉ, trực vào ngày lễ được bố trí nghỉ bù tương ứng với thời gian trực theo mức sau:
- Trực ca 2 từ 16h30 đến 7h30 sáng, được nghỉ bù 24 giờ (một ngày đêm);
- Trực ca ngày trong các ngày trùng vào ngày lễ, tết được nghỉ bù 24 giờ tính cho một ca trực (một ngày đêm).
b) Trường hợp không thể bố trí nghỉ bù được thì được trả công lao động cho thời gian trực theo quy định của Nhà nước.
c) Nguồn kinh phí trả công lao động trực phòng, chống lụt, bão, ứng phó sự cố thiên tai thảm họa như sau:
- Cơ quan Cục Đường thủy nội địa Việt Nam được hạch toán vào nguồn kinh phí phòng chống bão, lũ của Cục;
- Các Sở Giao thông vận tải, các đơn vị quản lý đường thủy nội địa được sử dụng từ nguồn kinh phí dự phòng cho công tác phòng chống lụt, bão hằng năm được cấp;
- Các đơn vị kinh doanh vận tải hạch toán vào giá thành vận tải.
Article 18. Handling situations when floods, storms, natural disasters occur
1. When floods, storms, natural disasters, and catastrophes occur, the Flood and Storm Prevention and Control Command Boards at all levels must proactively manage their machinery to implement prepared plans and select appropriate solutions to handle incidents, ensuring the highest possible effectiveness.
2. Strictly adhere to the principle of "four at the spot" (forces, means, logistics, and command at the spot); closely coordinate with local flood and storm prevention forces to cooperate in implementation.
3. In cases of serious incidents exceeding the human resources, materials, and equipment capacity of the unit, promptly report to higher authorities for support to minimize losses caused by floods, storms, and natural disasters.
4. Immediately mobilize emergency forces, equipment, and transportation means to deploy rescue operations for people, assets, vessels, and facilities affected by floods, storms, natural disasters, and catastrophes.
5. Strictly implement financial management regulations.
6. Ensure smooth information flow, direct guidance, and management from agencies and units to subordinate units; compile and report quickly on developments, incidents, and damages to higher-level agencies and units as prescribed.
Section 3. REMEDYING THE AFTERMATH OF FLOODS, STORMS, AND NATURAL DISASTERS
Article 19. General tasks in remedying the aftermath of storms, floods, natural disasters, and search and rescue operations
1. Organize the implementation of rescue operations for people and assets, ships, and equipment.
2. Promptly repair inland waterway transport infrastructure; equipment and transportation means, ensuring safe and smooth traffic. Repair construction equipment and implement measures to restore production.
3. Investigate, tally, and establish files confirming damage; report to immediate superiors.
4. Implement environmental sanitation, pollution control, disease prevention, and participate in supporting and stabilizing the lives of residents in areas affected by floods, storms, natural disasters, and catastrophes.
5. Establish technical files and budget estimates for remedying the aftermath of floods, storms, natural disasters, and catastrophes, and search and rescue operations, submitting them for approval by competent authorities.
6. Organize the implementation of remediation of storm and flood aftermath according to approved plans; conduct settlement and final accounting of costs for remedying the aftermath of floods, storms, natural disasters, and catastrophes as prescribed.
Article 20. Specific tasks in remedying the aftermath of storms, floods, and natural disasters
1. Units managing inland waterways in the region shall be the main organizers coordinating all aspects of activities of relevant forces to quickly remedy incidents causing vessel navigation channel blockages, ensuring safe and smooth traffic.
a) Promptly carry out preliminary repairs of damages, redeploy signaling systems, and implement measures to ensure traffic safety; guide vessels to travel safely after storms, floods, natural disasters, and catastrophes.
b) Quickly organize and implement the clearance of obstacles within the vessel navigation channels.
c) Conduct surveys and announce vessel navigation channels after storms, floods, and natural disasters.
d) Investigate, verify, and establish files determining damages; propose recovery plans and measures after storms, floods, natural disasters, and catastrophes.
đ) Restore inland waterway transport infrastructure works such as wharves, turning basins, warehouses, jetties, slipways, and embankments after storms, floods, natural disasters, and catastrophes according to approved plans.
2. Transport agencies and units in the region have the obligation to promptly meet requirements for human resources, equipment, and means to remedy the aftermath caused by floods, storms, natural disasters, and catastrophes. Thoroughly address the impact of floods, storms, natural disasters, and catastrophes on inland waterway transport infrastructure such as wharves, turning basins, warehouses, jetties, slipways, and embankments to stabilize business operations as soon as possible.
3. Hierarchical management in remedying the aftermath of storms, floods, natural disasters, and catastrophes
a) For damages caused by storms, floods, natural disasters on national inland waterways, hierarchical management is as follows:
- In cases of minor damage (under VND 100 million) requiring immediate repair to ensure traffic such as restoring tilted or fallen signaling systems, installing temporary signals to replace lost ones or new situations on the route... the grassroots Flood and Storm Prevention and Control Command Boards shall implement; simultaneously establish files on aftermath remediation and report to superiors.
- In cases of relatively large damage (from VND 100 million to VND 15 billion) involving relatively complex techniques such as damaged retaining walls, station houses, structures, ship docks, workshops, permanent signaling systems replacement... the regional inland waterway management unit shall carry out preliminary repairs to ensure traffic; simultaneously conduct investigations, confirm damages, and establish files submitted for approval by competent authorities before implementing according to current basic construction procedures.
- In cases of significant damage (over VND 15 billion), while carrying out preliminary repairs of storm and flood aftermath to ensure traffic, the regional inland waterway management unit has the responsibility to establish files on storm and flood aftermath remediation according to current basic construction procedures, submit to the Vietnam Inland Waterway Administration for compilation and reporting to the Ministry of Transport for support.
b) For damages caused by storms, floods, natural disasters on local inland waterways and specialized inland waterways, hierarchical management is determined by local authorities or the main managers of specialized channels.
Article 21. Documents for addressing consequences caused by typhoons, floods, accidents, and natural disasters
After each typhoon, flood, or natural disaster, when there is damage to property, the management unit of inland waterways in the region must conduct inspections to determine the extent of the damage and prepare documents for addressing the consequences to submit for approval by the competent authority.
1. Contents of the documents:
a) A proposal on the budget for addressing the consequences of typhoons, floods, disasters, and emergency situations;
b) An explanation of the plan for addressing the consequences of typhoons, floods, disasters, and emergency situations;
c) Directives, mobilization orders, and instructions from the upper-level Command Center;
d) Technical drawings illustrating the plans for addressing the consequences;
đ) The budget for addressing the consequences of typhoons, floods, disasters, and emergency situations, accompanied by detailed explanatory calculations;
e) Certificates confirming damage caused by typhoons, floods, and natural disasters, with confirmation from relevant agencies and local authorities including: the Inland Waterway Management Station in the region; the inland waterway management unit, the Inland Waterway Port Inspection Office in the region; confirmation from the People's Committee of the commune where the damage occurred, and confirmation from the Inland Waterway Inspection Sub-Office in the region;
g) Invoices, supporting documents, and related materials;
h) Rapid reports and formal reports on damage caused by typhoons, floods, and disasters.
2. Number of sets of documents: 03 sets.
3. Time limit for submitting documents
- For minor damage (less than 15 billion VND), the deadline for submitting documents is no later than 15 days from the end of the typhoon or flood.
- For damage exceeding 15 billion VND, the deadline for submitting documents is no later than 45 days from the end of the typhoon or flood.
Article 22. Labor regulations and remuneration for those participating in flood prevention, typhoon response, disaster mitigation, and rescue operations
1. Scope of application:
a) Individuals directly involved in rescue and recovery efforts following floods, typhoons, and natural disasters;
b) Direct labor forces, including rescue teams;
c) Service personnel on construction sites;
d) Command Centers and assisting forces.
2. Duration of work
a) During rescue and recovery efforts following floods, typhoons, and natural disasters, time spent traveling to the site is not counted; each person working at the rescue site for a full 6 hours is considered one day of labor;
b) Continuous work should not exceed 12 hours (except in special cases).
3. Benefits for individuals directly involved in rescue and recovery efforts during flood and typhoon response, disaster mitigation, and rescue operations. Specifically:
a) The daily wage for individuals directly involved is paid double their regular daily wage, including position salary, rank salary, and other allowances if applicable; night shift workers receive additional night shift allowance according to legal provisions;
b) Individuals directly involved are provided with mid-shift meals and receive additional meal allowances according to legal provisions;
c) Mobilized individuals receive wages for travel and waiting periods based on current regulations. The determination of travel and waiting times and the calculation of travel expenses are based on mobilization decisions and travel permits;
d) Individuals participating in flood prevention, typhoon response, disaster mitigation, and rescue operations who suffer losses to life or property are entitled to appropriate compensation according to legal provisions.
Chapter IV
MANAGEMENT AND USE OF FUNDS FOR FLOOD PREVENTION, TYPHOON RESPONSE, DISASTER MITIGATION, AND EMERGENCY RESPONSE
Article 23. Financial sources for flood, storm prevention and aftermath mitigation, disaster response, and rescue operations include
1. State budget allocation.
2. Assistance funds from organizations and individuals within and outside the country when floods, storms, natural disasters, or catastrophes occur.
3. Funds from contracts to purchase insurance for construction projects.
4. Public welfare or voluntary labor participation as prescribed by law.
Article 24. Utilization of reserve funds for flood and storm prevention and disaster response
1. Annually, the Vietnam Inland Waterways Administration may retain up to 5% of its assigned economic public service capital for reserve funds for flood and storm prevention and disaster response on national inland waterways; simultaneously receiving additional funding from the Ministry of Transport and the National Committee for Search and Rescue. These funds shall be used for the following purposes:
a) Procurement of reserve materials and fuel;
b) Temporary repair of damages caused by floods, storms, natural disasters, or catastrophes to ensure immediate traffic continuity;
c) Administrative expenses for the Flood and Storm Prevention and Search and Rescue Command Board of the Vietnam Inland Waterways Administration and Regional Inland Waterways Administration.
2. The People's Committees of provinces and centrally governed cities decide on the utilization of reserve funds for flood and storm prevention and disaster response for local inland waterways.
Article 25. Management and utilization of financial resources for aftermath mitigation of floods, storms, natural disasters, and rescue operations on national inland waterways
1. Financial resources for aftermath mitigation of floods, storms, natural disasters, and search and rescue operations on national inland waterways, allocated from annual economic public service capital, shall be used for the following expenditures:
a) Rescue and salvage of assets and infrastructure affected by floods, storms, natural disasters, or catastrophes;
b) Salvage of unclaimed sunken vessels or to ensure urgent traffic safety;
c) Continuous anti-drift measures at bridges and key structures during the flood and storm season or other emergencies caused by natural disasters;
d) Repair, improvement, and upgrading of structures after floods, storms, or natural disasters;
đ) Procurement of technical equipment for communication and information tasks;
e) Mitigation of other consequences caused by floods, storms, natural disasters, or catastrophes.
2. The People's Committees of provinces and centrally governed cities decide on the utilization of reserve funds for aftermath mitigation of floods, storms, natural disasters, and search and rescue operations for local inland waterways.
3. Costs for aftermath mitigation of floods, storms, natural disasters, and search and rescue operations shall be settled according to current legal regulations.
4. In cases where the reserve funds for flood and storm prevention and search and rescue operations stipulated in Article 23 of this Circular are insufficient to fulfill aftermath mitigation tasks, the Vietnam Inland Waterways Administration shall submit a report along with relevant documentation to the Ministry of Transport for supplementary allocation from the state budget reserve of the Ministry within 15 days of receiving complete documentation.
Any unused funds shall be adjusted to other expenditure items upon approval by the competent authority.
Article 26. Consolidation of Reports and Financial Settlement
1. Within the latest thirty working days from the date when the consequences of typhoons, floods, natural disasters have been fully addressed, the agencies and units assigned to implement shall be responsible for reporting and settling the financial expenses for addressing losses caused by typhoons, floods, natural disasters, and catastrophes immediately after completing the remediation work, to be submitted to the competent authority for approval.
2. The Vietnam Inland Waterways Administration shall be responsible for:
a) To examine and approve the settlement of financial expenses for the prevention, control, and remediation of typhoon, flood, disaster, catastrophe, and inland waterway search and rescue operations for subordinate units.
b) To consolidate reports to be submitted to the Ministry of Transport or the competent state agency for approval.
3. The People's Committee of provinces and centrally governed cities shall stipulate the settlement of financial expenses for the prevention, control, and remediation of typhoon, flood, disaster, catastrophe, and inland waterway search and rescue operations at the local level.
4. For other production and business enterprises, the cost settlement shall be accounted for in the production cost according to the current regulations of the law.
Chapter V
INSPECTION, AUDITING, AND REPORTING IN THE PREVENTION, CONTROL, AND REMEDIATION OF FLOOD AND TYPHOON CONSEQUENCES
Article 27. Inspection and Auditing
Annually, the Ministry of Transport, the Vietnam Inland Waterways Administration, and the Departments of Transport shall develop plans for inspecting and auditing the implementation of state regulations on the prevention, control, and remediation of flood and typhoon consequences within the inland waterway sector.
Article 28. Reporting Regime
1. Urgent reports shall be carried out before and after typhoons make landfall or there are urgent flood warnings, flash floods, landslides, and other serious incidents, with specific contents as follows:
a) Before floods and typhoons, organizations and individuals must submit reports on their preparation for flood and typhoon prevention and control, the status of vessels (total number of vessels, number of crew members, arrangements for passengers, anchorage arrangements for vessels) according to specific timeframes and contents as follows:
- At least 24 hours before, units and businesses operating in the inland waterway sector in the region must submit reports to the Inland Waterway Port Office;
- At least 12 hours before, the Inland Waterway Port Offices must compile and submit reports to the Vietnam Inland Waterways Administration;
- At least 6 hours before, the Vietnam Inland Waterways Administration must compile and submit reports to the Ministry of Transport.
b) During the occurrence of floods and typhoons: Reports on the development of floods and typhoons and serious incidents (initial casualties, vessel damage, house damage, infrastructure damage at ports and inland waterway terminals).
- The Inland Waterway Port Offices must send daily reports to the Vietnam Inland Waterways Administration every 24 hours; in case of serious incidents, immediate reports must be made;
- The Vietnam Inland Waterways Administration must send daily reports to the Ministry of Transport every 24 hours; in case of serious incidents, immediate reports must be made;
c) Reporting methods
During the occurrence of floods and typhoons, telegrams, letters, and reports must be sent via fax and email to ensure timeliness, followed by the formal documents being sent through postal services for record-keeping.
2. Quick reports:
a) Within the latest 48 hours after the end of the flood or typhoon period, the grassroots Flood Control and Search and Rescue Command must organize inspections, classify, and accurately assess damages, prepare reports to be submitted to the Vietnam Inland Waterways Administration for consolidation, to be reviewed and resolved by the Vietnam Inland Waterways Administration or reported to the Vietnam Inland Waterways Administration for resolution within its jurisdiction;
b) The report content must include detailed information on the development of floods and typhoons, command activities, damage assessment, costs for remediation of flood and typhoon consequences, natural disasters, and recommendations (if any).
3. Annual reports
a) Flood and typhoon 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.
d) Annually, the grassroots Flood Control and Search and Rescue Command must report to the Vietnam Inland Waterways Administration on the implementation of the flood and typhoon prevention and remediation plan, catastrophes, and natural disasters for consolidation and reporting to the Ministry of Transport.
4. The People's Committee of provinces and centrally governed cities shall stipulate the reporting system for subordinate units within the province or city.
Chapter VI
IMPLEMENTING PROVISIONS
Article 29. Effective Date
This Circular takes effect 45 days from the date of issuance. Decision No. 1035/2000/QĐ-GTVT dated April 28, 2000, issued by the Minister of Transport on the Regulations on Prevention, Control, and Remediation of Flood and Typhoon Consequences in the Inland Waterway Sector, is hereby abolished.
Article 30. Implementation
1. The Vietnam Inland Waterways Administration, inland waterway management agencies at all levels, organizations, and individuals engaged in inland waterway transport activities shall be responsible for implementing this Circular.
2. The Ministry of Transport's Flood Control and Search and Rescue Command shall take the lead and coordinate with the Vietnam Inland Waterways Administration and relevant agencies to organize inspections on the implementation of this Circular.
3. The Departments of Transport of provinces and centrally governed cities shall base on this Circular to establish organizational models, functions, and tasks for the machinery implementing flood and typhoon prevention and search and rescue operations on local inland waterway routes, to be submitted to the People's Committee of the province or city for decision.
4. The Director of the Ministry's Office, the Director of the Ministry's Inspectorate, the Heads of related Departments under the Ministry of Transport, the Director of the Vietnam Inland Waterways Administration, the heads of agencies and units, and related individuals shall be responsible for implementing this Circular.
5. Any difficulties or issues encountered during implementation shall be reported to the Ministry of Transport for review and decision on amendments and supplements as necessary./.
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