Decision No. 44/2014/QD-TTg on detailed regulations regarding disaster risk levels

Pursuant to …;

Detailed provisions on disaster risk levels

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Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Natural Disaster Prevention and Control dated June 19, 2013;

Pursuant to Decree No. 66/2014/NĐ-CP dated July 4, 2014 detailing and guiding the implementation of certain articles of the Law on Prevention and Control of Natural Disasters;

At the proposal of the Minister of Natural Resources and Environment,

The Prime Minister issues this Decision to provide detailed provisions on disaster risk levels.

PART I

GENERAL PROVISIONS

Article 1. Disaster Risk Levels

1. Disaster risk level is the classification of damage caused by tropical depression, typhoon, tornado, lightning, heavy rain, flood, flash flood, urban flooding, landslides due to rain and runoff, land subsidence due to rain and runoff, water rise, saltwater intrusion, heatwave, drought, cold wave, hail, frost, earthquake, tsunami, and other types of natural disasters that may occur regarding people, property, environment, living conditions, and socio-economic activities.

2. Disaster risk levels are determined for each type of disaster and announced together with the forecast and warning bulletin contents, serving as a basis for the division of responsibilities and coordination in responding to natural disasters.

Article 2. Principles for Classifying Disaster Risk Levels

1. Natural disaster risks are classified according to each type of disaster based on intensity, affected area, directly impacted region, and potential for causing damage.

2. Each type of natural disaster risk level is divided into a maximum of five levels and associated with a distinctive color, reflecting the increasing degree of disaster risk:

a) Level 1, light blue, indicates low risk;

b) Level 2, light yellow, indicates moderate risk;

c) Level 3, orange, indicates high risk;

d) Level 4, red, indicates very high risk;

e) Level 5, purple, indicates catastrophic risk.

Chapter II

DETAILED PROVISIONS ON DISASTER RISK LEVELS

Article 3. Disaster Risk Levels Caused by Tropical Depression and Typhoon

Disaster risk levels caused by tropical depression and typhoon are divided into three levels, the lowest being Level 3 and the highest being Level 5:

1. Level 3 disaster risk includes the following cases:

a) Tropical depression and typhoon of Category 8, Category 9 operating over the South China Sea (including the Paracel Islands and Spratly Islands regions), coastal waters (including the Gulf of Tonkin, South Gulf of Tonkin, coastal waters from Quang Tri to Quang Ngai, coastal waters from Binh Dinh to Ninh Thuan, coastal waters from Binh Thuan to Ca Mau, coastal waters from Ca Mau to Kien Giang), and inland areas in the Northern, Central, and Southern regions;

b) Strong typhoon of Category 10, Category 11 operating over the South China Sea (including the Paracel Islands and Spratly Islands regions), coastal waters, and inland areas in the Northern and Central regions;

c) Very strong typhoon from Category 12 to Category 15 operating over the South China Sea (including the Paracel Islands and Spratly Islands regions).

2. Level 4 disaster risk includes the following cases:

a) Strong typhoon of Category 10, Category 11 operating over inland areas in the Southern region;

b) Very strong typhoon from Category 12 to Category 15 operating over coastal waters and inland areas in the Northern and Central regions;

c) Super typhoon of Category 16 or higher operating over the South China Sea (including the Paracel Islands and Spratly Islands regions).

3. Level 5 disaster risk includes the following cases:

a) Very strong typhoon from Category 12 to Category 15 operating over inland areas in the Southern region;

b) Super typhoon of Category 16 or higher operating over coastal waters and inland areas in the Northern and Central regions.

4. The disaster risk level caused by tropical depression and typhoon may be increased by one level up to the highest level of Level 5 when any of the following situations occur:

a) Tropical depression and typhoon operating over the South China Sea (including the Paracel Islands and Spratly Islands regions) and coastal waters combined with the activity of the Northeast Monsoon and Southwest Monsoon;

b) Tropical depression and typhoon operating over inland areas where heavy rain, floods, and severe urban flooding are occurring or coinciding with periods of high tides and rising sea levels along the coast.

Article 4. Risk levels for natural disasters caused by tornadoes, lightning, and hail

The risk levels for natural disasters caused by tornadoes, lightning, and hail have two levels:

1. Level 1 disaster risk: Moderate tornadoes, lightning, and hail over a small area.

2. Level 2 disaster risk: Strong tornadoes, lightning, and hail over a wide area.

Article 5. Risk levels for natural disasters caused by heavy rain

The risk levels for natural disasters caused by heavy rain have three levels:

1. Level 1 disaster risk includes the following cases:

a) Rainfall within 24 hours from 100 mm to 200 mm, lasting from 1 day to 2 days in midland and mountainous regions;

b) Rainfall within 24 hours from more than 200 mm to 500 mm, lasting from 1 day to 2 days in plain areas.

2. Level 2 disaster risk includes the following cases:

a) Rainfall within 24 hours from 100 mm to 200 mm, lasting from more than 2 days to 4 days in plain, midland, and mountainous regions;

b) Rainfall within 24 hours from more than 200 mm to 500 mm, lasting from 1 day to 2 days in midland and mountainous regions;

c) Rainfall within 24 hours exceeding 500 mm, lasting from 1 day to 2 days in plain areas.

3. Level 3 disaster risk includes the following cases:

a) Rainfall within 24 hours from more than 200 mm to 500 mm, lasting from more than 2 days to 4 days in plain, midland, and mountainous regions;

b) Rainfall within 24 hours exceeding 500 mm, lasting from 1 day to 2 days in midland and mountainous regions.

Article 6. Risk levels for natural disasters caused by heatwaves

The risk levels for natural disasters caused by heatwaves have three levels:

1. Level 1 disaster risk includes the following cases:

a) Heatwave period with the highest daily temperature reaching 39°C, 40°C, lasting from more than 5 days to 10 days;

b) Heatwave period with the highest daily temperature exceeding 40°C, lasting from 3 days to 5 days.

2. Level 2 disaster risk includes the following cases:

a) Heatwave period with the highest daily temperature reaching 39°C, 40°C, lasting more than 10 days;

b) Heatwave period with the highest daily temperature exceeding 40°C, lasting from more than 5 days to 10 days.

3. Level 3 disaster risk occurs when there is a heatwave period with the highest daily temperature exceeding 40°C, lasting more than 10 days.

Article 7. Risk levels for natural disasters caused by drought

The risk levels for natural disasters caused by drought have four levels:

1. Level 1 disaster risk includes the following cases:

a) A situation where monthly rainfall shortage exceeds 50%, lasting from 2 months to 3 months, and water resources in the drought-stricken area are short by more than 50% to 70% compared to the long-term average;

b) A situation where monthly rainfall shortage exceeds 50%, lasting from more than 3 months to 6 months, and water resources in the drought-stricken area are short by 20% to 50% compared to the long-term average.

2. Level 2 disaster risk includes the following cases:

a) A situation where monthly rainfall shortage exceeds 50%, lasting from 2 months to 3 months, and water resources in the drought-stricken area are short by more than 70% compared to the long-term average;

b) A situation where monthly rainfall shortage exceeds 50%, lasting from more than 3 months to 6 months, and water resources in the drought-stricken area are short by more than 50% to 70% compared to the long-term average;

c) A situation where monthly rainfall shortage exceeds 50%, lasting more than 6 months, and water resources in the drought-stricken area are short by 20% to 50% compared to the long-term average.

3. Level 3 disaster risk includes the following cases:

a) A situation where monthly rainfall shortage exceeds 50%, lasting from more than 3 months to 6 months, and water resources in the drought-stricken area are short by more than 70% compared to the long-term average;

b) A situation where monthly rainfall shortage exceeds 50%, lasting more than 6 months, and water resources in the drought-stricken area are short by more than 50% to 70% compared to the long-term average.

4. Level 4 disaster risk occurs when there is a situation where monthly rainfall shortage exceeds 50%, lasting more than 6 months, and water resources in the drought-stricken area are short by more than 70% compared to the long-term average.

Article 8. Risk Levels for Cold Damage and Frost Smog Natural Disasters

The risk levels for cold damage and frost smog natural disasters are divided into three levels:

1. Level 1 disaster risk includes the following cases:

a) A cold spell with average daily air temperature from above 8°C to 13°C, lasting from more than 5 days to 10 days in the delta region; or lasting more than 10 days in mountainous areas;

b) A cold spell with average daily air temperature from above 4°C to 8°C, lasting from 3 days to 5 days in the delta region; or lasting from more than 5 days to 10 days in mountainous areas, including days when frost smog appears;

c) A cold spell with average daily air temperature from 0°C to 4°C, lasting from 3 days to 5 days in mountainous areas, including days when frost smog and ice appear;

2. Level 2 disaster risk includes the following cases:

a) A cold spell with average daily air temperature from above 8°C to 13°C, lasting more than 10 days in the delta region;

b) A cold spell with average daily air temperature from above 4°C to 8°C, lasting from more than 5 days to 10 days in the delta region; or lasting more than 10 days in mountainous areas, including days when frost smog appears;

c) A cold spell with average daily air temperature from 0°C to 4°C, lasting from 3 days to 5 days in the delta region; or lasting from more than 5 days to 10 days in mountainous areas, including days when frost smog and ice appear;

d) A cold spell with average daily air temperature below 0°C, lasting from 3 days to 5 days in mountainous areas, including days when frost smog and ice appear;

3. Level 3 disaster risk includes the following cases:

a) A cold spell with average daily air temperature from above 4°C to 8°C, lasting more than 10 days in the delta region;

b) A cold spell with average daily air temperature from 0°C to 4°C, lasting from more than 5 days to 10 days in the delta region; or lasting more than 10 days in mountainous areas, including days when frost smog and ice appear;

c) A cold spell with average daily air temperature below 0°C, lasting from more than 5 days to 10 days in mountainous areas, including days when frost smog and ice appear;

Article 9. Risk Levels for Fog and Mist Natural Disasters

The risk levels for fog and mist natural disasters are divided into three levels:

1. Level 1 disaster risk includes the following cases:

a) Dense fog with visibility over 50 meters, posing danger to maritime traffic;

b) Dense fog with visibility reduced below 50 meters, posing danger to land-based traffic;

2. Level 2 disaster risk includes the following cases:

a) Dense fog with visibility over 50 meters, posing danger to aircraft in airport areas;

b) Dense fog with visibility reduced below 50 meters, posing danger to maritime traffic;

3. Level 3 natural disaster risk occurs when dense fog with visibility reduced below 50 meters poses danger to aircraft in airport areas;

Article 10. Risk Levels for Flood and Flooding Natural Disasters

The risk levels for flood and flooding natural disasters are divided into five levels:

1. Level 1 disaster risk includes the following cases:

a) Flood water level rises from warning level 2 up to warning level 3 at the lower reaches of many medium-sized rivers; upper reaches of Ma River, Ca River, Dong Nai River, Vu Gia - Thu Bon River, Ba River; major branches of Hong - Thai Binh River; Mekong Delta;

b) Flood water level rises from warning level 3 up to 1 meter above warning level 3 on many small rivers; upper reaches of many medium-sized rivers;

2. Level 2 disaster risk includes the following cases:

a) Flood water level rises from warning level 2 up to warning level 3 at the lower reaches of Ma River, Ca River, Dong Nai River, Vu Gia - Thu Bon River, Ba River; lower reaches of Hong - Thai Binh River;

b) Flood water level rises from warning level 3 up to 1 meter above warning level 3 on the lower reaches of many medium-sized rivers; upper reaches of Ma River, Ca River, Dong Nai River, Vu Gia - Thu Bon River, Ba River; major branches of Hong - Thai Binh River;

c) Flood water level rises from 1 meter above warning level 3 up to historical flood level on many small rivers; upper reaches of many medium-sized rivers;

3. Level 3 disaster risk includes the following cases:

a) Flood water level rises from warning level 3 up to 1 meter above warning level 3 on the lower reaches of Ma River, Ca River, Dong Nai River, Vu Gia - Thu Bon River, Ba River; lower reaches of Hong - Thai Binh River;

b) Flood water level rises from warning level 3 up to 0.5 meters above warning level 3 in the Mekong Delta;

c) Flood water level rises from 1 meter above warning level 3 up to historical flood level on the lower reaches of many medium-sized rivers; Ma River, Ca River, Dong Nai River, Vu Gia - Thu Bon River, Ba River; major branches of Hong - Thai Binh River;

d) Flood water level rises above historical flood level on many small rivers; upper reaches of many medium-sized rivers;

4. Level 4 natural disaster risk includes the following cases:

a) Flood water level rises from 1 meter above warning level 3 up to historical flood level on the lower reaches of Hong - Thai Binh River;

b) Flood water level rises from 0.5 meters above warning level 3 up to above historical flood level in the Mekong Delta;

c) Flood water level rises above historical flood level on the lower reaches of many medium-sized rivers; Ma River, Ca River, Dong Nai River, Vu Gia - Thu Bon River, Ba River; major branches of Hong - Thai Binh River;

5. Level 5 natural disaster risk occurs when there is a flood with water level rising above historical flood level on the lower reaches of Hong - Thai Binh River;

6. Risk Levels for Flood and Flooding Natural Disasters when Combined with Other Natural Disasters

a) The risk level for flood and flooding natural disasters may be increased by one level, up to the highest level of 5, when combined with the impact of tropical depression and typhoons with lower risk levels than those of flood and flooding;

b) The risk level for flood and flooding natural disasters may be increased by two levels, up to the highest level of 5, when combined with the impact of tropical depression, typhoons, and dam break accidents in upstream areas;

c) When flood and flooding natural disasters are combined with the impact of tropical depression and typhoons with risk levels equal to or higher than those of flood and flooding, the risk level is determined according to the risk level of typhoons and tropical depressions;

7. In places where flood prevention and control works are present, the historical flood level specified in Clauses 2, 3, 4, and 5 of this Article shall be replaced by the designed flood level.

Article 11. Flood Risk Levels

Flood risk levels due to flash floods have three levels:

1. Level 1 disaster risk includes the following cases:

a) Flash floods caused by rain with rainfall from 100 mm to 200 mm within 24 hours, affecting multiple provinces in the Northern Mountains, Central Region, and the Central Highlands;

b) Flash floods caused by rain with rainfall from over 200 mm to 500 mm within 24 hours, affecting one province in the Northern Mountains, Central Region, and the Central Highlands.

2. Level 2 disaster risk includes the following cases:

a) Flash floods caused by rain with rainfall from over 200 mm to 500 mm within 24 hours, affecting multiple provinces in the Northern Mountains, Central Region, and the Central Highlands;

b) Flash floods caused by rain with rainfall exceeding 500 mm within 24 hours, affecting one province in the Northern Mountains, Central Region, and the Central Highlands.

3. Flood risk level 3 occurs when flash floods are caused by heavy rain exceeding 500 mm within 24 hours, affecting multiple provinces in the Northern Mountains, Central Region, and the Central Highlands.

4. Flood risk due to flash floods is considered at a higher risk level, up to level 4, in cases where there is a combination of impacts from other dangerous natural disasters such as prolonged heavy rain and widespread landslides in the areas affected by flash floods.

Article 12. Landslide and Ground Subsidence Risk Levels Due to Rainfall and Flooding

Landslide and ground subsidence risk levels due to rainfall and flooding have two levels:

1. Level 1 disaster risk includes the following cases:

a) Heavy rain with rainfall from 200 mm to 300 mm within 24 hours, following rain that occurred over the previous two days, on steep slopes with inclines greater than 25 degrees, with weak soil bases or loose soil; or residual slope soils;

b) Very heavy rain with rainfall exceeding 300 mm within 24 hours, following rain that occurred over the previous day to two days, on slopes with inclines less than 25 degrees, with weak soil bases or loose soil;

c) Very heavy rain with rainfall exceeding 300 mm within 24 hours, following rain that occurred over the previous two days, on steep slopes with inclines greater than 25 degrees, with weak shale and poorly cemented clay bases.

2. Risk level 2 for natural disasters occurs when there is a possibility of heavy rain with rainfall exceeding 300 mm within 24 hours, following rain that occurred over the previous two days, on steep slopes with inclines greater than 25 degrees, with weak soil bases or loose soil; or residual slope soils.

Article 13. Salinity Intrusion Risk Levels

Salinity intrusion risk levels have two levels:

1. Risk level 1 for natural disasters occurs when multiple coastal river mouths become saline with a salinity boundary of 4‰ intruding inland from 25 km to 50 km from the river mouth, during a prolonged period, and fresh water in the river is not depleted by more than 40% compared to the long-term average.

2. Risk level 2 for natural disasters occurs when multiple coastal river mouths become saline with a salinity boundary of 4‰ intruding inland beyond 50 km from the river mouth, during a prolonged period, and there is a prolonged drought and water shortage due to high temperatures and dry conditions lasting several months, with fresh water in the river being depleted by more than 40% compared to the long-term average.

Article 14. Water Level Rise Risk Levels

Water level rise risk levels have five levels:

1. Level 1 disaster risk includes the following cases:

a) Water level rise height from 1 m to 2 m along the southern coast of South Vietnam;

b) Water level rise height from over 2 m to 4 m along the northern coast of North Vietnam.

2. Level 2 disaster risk includes the following cases:

a) Water level rise height from over 2 m to 4 m along the central and southern coasts;

b) Water level rise height from over 4 m to 6 m along the northern coast of North Vietnam.

3. Risk level 3 for natural disasters occurs when the water level rise height is from over 4 m to 6 m along the central and southern coasts.

4. Risk level 4 for natural disasters occurs when the water level rise height is from over 6 m to 8 m along the northern and central coasts.

5. Risk level 5 for natural disasters occurs when the water level rise height exceeds 8 m along the central coast.

Article 15. Levels of Risk from Severe Windstorms at Sea

There are three levels of risk from severe windstorms at sea:

1. Level 1 risk from severe windstorms when winds reach Force 6 to Force 9, occurring in offshore waters (including islands and archipelagos).

2. Level 2 disaster risk includes the following cases:

a) Winds reaching Force 6 to Force 9, occurring in coastal waters;

b) Winds reaching Force 9 or higher, occurring in offshore waters (including islands and archipelagos).

3. Level 3 risk from severe windstorms when winds reach Force 9 or higher, occurring in coastal waters.

4. The level of risk from severe windstorms at sea may be increased by one level, up to the highest level of Level 4, under the following circumstances:

a) Severe windstorms at sea occurring simultaneously with the activity of tropical depressions, typhoons in the South China Sea or coastal waters;

b) Severe windstorms at sea occurring at the beginning or end of the typhoon season and persisting for several consecutive days.

Article 16. Levels of Risk from Earthquakes

There are five levels of risk from earthquakes:

1. Level 1 risk from earthquakes when ground shaking intensity measured is between Intensity V and VI, occurring in any area within the territory of Vietnam.

2. Level 2 risk from earthquakes when ground shaking intensity measured is between Intensity VI and VII, occurring in rural areas, urban areas.

3. Level 3 risk from earthquakes when ground shaking intensity measured is between Intensity VI and VII, occurring in areas with irrigation reservoirs, hydropower reservoirs; or ground shaking intensity measured is between Intensity VII and VIII, occurring in rural areas.

4. Level 4 risk from earthquakes when ground shaking intensity measured is between Intensity VII and VIII, occurring in rural areas; or in areas with irrigation reservoirs, hydropower reservoirs.

5. Level 5 risk from earthquakes when ground shaking intensity measured exceeds Intensity VIII, occurring in any area within the territory of Vietnam.

Article 17. Levels of Risk from Tsunamis

There are two levels of risk from tsunamis: Level 3 and Level 5:

1. Level 3 risk from tsunamis when a tsunami without destructive power is detected, but capable of causing large, sudden waves along coastal strips.

2. Level 5 risk from tsunamis when a destructive tsunami is detected, directly affecting Vietnam.

Chapter III

IMPLEMENTATION

Article 18. Effective Date

This Decision takes effect from October 1, 2014.

Article 19. Responsibility for Implementation

1. Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairperson of the Central Steering Committee for Natural Disaster Prevention and Control, Chairman of the National Search and Rescue Committee, Chairpersons of provincial People's Committees under central jurisdiction, and Heads of related agencies and units shall be responsible for implementing this Decision.

2. The Ministry of Natural Resources and Environment shall take the lead, coordinate with the Ministry of Agriculture and Rural Development to organize the promulgation, guidance on implementation of this Decision; monitor, compile, report difficulties and obstacles during the implementation process, submit to the Prime Minister for consideration and decision./.