Law Amending and Supplementing Certain Articles of the Law on Natural Disaster Prevention and Control and the Law on Dike Management Number 60/2020/QH14

LAW

AMENDMENTS AND SUPPLEMENTS TO CERTAIN PROVISIONS OF THE INSURANCE BUSINESS LAW

LAW ON NATURAL DISASTER PREVENTION AND CONTROL AND LAW ON LEVEES AND DRAINAGE

Based on the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law amending and supplementing certain Articles of the Law on Natural Disaster Prevention and Control No. 33/2013/QH13 and the Law on Levees and Drainage No. 79/2006/QH11 which have been amended and supplemented by Law No. 15/2008/QH12 and Law No. 35/2018/QH14.

Article 1. Amending and supplementing certain Articles of the Law on Natural Disaster Prevention and Control

1. Amending and supplementing some clauses of Article 3 as follows:

a) Amend and supplement Clause 1 as follows:

“1. Natural disaster is an abnormal natural phenomenon that can cause damage to people, property, environment, living conditions, and socio-economic activities, including typhoons, tropical depressions, strong winds over sea, tornadoes, lightning, heavy rain, floods, flash floods, urban flooding; landslides, land subsidence caused by rain, flood, runoff, drought; water rise, saline intrusion, heatwaves, drought, forest fires caused by nature, cold waves, hail, fog, salt fog, earthquakes, tsunamis, and other types of natural disasters.”

b) Amend and supplement Clause 5 as follows:

“5. Flood control works are works invested in and constructed by the State, organizations, and individuals, including meteorological, hydrological, marine, seismic, and natural disaster warning stations; levee and drainage works, dams, retaining walls, flood prevention, drought prevention, saline intrusion prevention, landslide prevention, land subsidence prevention, flash flood prevention, lightning protection works; anchorage areas for ships to avoid typhoons, evacuation houses, and other works serving natural disaster prevention and control.”

2. Supplement Clause 6 and Clause 7 after Clause 5 of Article 5 as follows:

“6. Prioritize resource allocation for basic research, investigation, program development, and implementation of science and technology programs in natural disaster prevention and control; strengthen solutions to mitigate the aftermath of natural disasters.

7. Prioritize training, capacity building, and drills to enhance the capabilities of personnel involved in natural disaster prevention and control; provide equipment and supplies to the emergency response force at the commune level.”

3. Amend and supplement Article 6 as follows:

Article 6. Human Resources for Natural Disaster Prevention and Control

1. Human resources for natural disaster prevention and control include:

a) Organizations, households, and individuals within the locality are the local forces implementing natural disaster prevention and control activities;

b) Self-defense militia is the local force performing natural disaster prevention and control tasks according to the local natural disaster response plan and mobilization by authorized persons;

c) The People's Army and the People's Public Security are responsible for natural disaster prevention and control tasks and serve as the core force in evacuating people, means of transportation, and assets, rescue operations, and ensuring public security and social order according to mobilization by authorized persons;

d) Volunteer organizations and individuals participating in supporting natural disaster prevention and control activities perform tasks according to the command of authorized persons;

đ) Personnel working in state agencies engaged in natural disaster prevention and control tasks.

2. The emergency response force for natural disaster prevention and control at the commune level is established at the commune level, operates part-time, and is decided by the Chairman of the Commune People's Committee based on human resources specified in Point a and Point b of Clause 1 of this Article, including militia at village, hamlet, village, clan, tribe, neighborhood, street, ward, block, group; militia at the commune level and other organizations in the locality performing natural disaster prevention and control tasks according to the local natural disaster response plan.

3. The Government shall stipulate the system and policies for the emergency response force for natural disaster prevention and control at the commune level as specified in Clause 2 of this Article.”

4. Amend and supplement Clause 1 of Article 7 as follows:

“1. Materials, means, and equipment for natural disaster prevention and control activities include specialized materials, means, and equipment for natural disaster prevention and control and other materials, means, and equipment of the State; mobilized from organizations and individuals within the locality; prepared by households and individuals.

The Prime Minister shall issue a list and regulations on the management and use of specialized materials, means, and equipment for natural disaster prevention and control.”

5. Supplement Clause 4 after Clause 3 of Article 8 as follows:

“4. Other sources as prescribed by law.”

6. Amending and supplementing Article 9 as follows:

Article 9. State budget for natural disaster prevention and control

1. The State budget for natural disaster prevention and control includes annual budget, State budget reserve, financial reserve fund.

2. The State budget for natural disaster prevention and control is used for developing and implementing strategies, plans, and basic investigations for natural disaster prevention and control; investing in construction, repair, and upgrading of natural disaster prevention and control works; natural disaster prevention and control activities; regular activities of state management agencies at all levels regarding natural disaster prevention and control.

The preparation of the budget estimate, allocation, management, and use of the State budget for natural disaster prevention and control shall be carried out in accordance with the provisions of the State Budget Law and other relevant laws.

3. The State budget reserve for natural disaster prevention and control is used as follows:

a) To support response and recovery efforts from natural disasters;

b) Based on the response activities, extent of damage, relief needs, and policies, the People's Committees at all levels decide to use the local budget reserve to address urgent needs for response and recovery from natural disasters outside the approved annual budget;

c) In case the local budget reserve has been used but still cannot meet the needs, the Chairman of the Provincial People's Committee may request the Prime Minister for support. The National Steering Committee for Natural Disaster Prevention and Control will compile the situation of losses, support requirements of the locality, and propose the Prime Minister to make a decision.

4. The financial reserve fund is used to implement natural disaster prevention, control, and aftermath recovery tasks with severe impacts arising outside the budget estimates, after reallocating the budget and using up the budget reserve, but still lacking funds as prescribed by the State Budget Law.”

7. Amend and supplement some Clauses of Article 10 as follows:

a) Amend and supplement Clause 1 and Clause 2 as follows:

“1. The Natural Disaster Prevention and Control Fund is a non-budgetary state financial fund including the Central Natural Disaster Prevention and Control Fund managed by the Ministry of Agriculture and Rural Development and the Provincial Natural Disaster Prevention and Control Fund managed by the Provincial People's Committee.

2. The financial sources of the Disaster Prevention and Control Fund are specified as follows:

a) The financial sources of the central Disaster Prevention and Control Fund include voluntary contributions from domestic and foreign organizations and individuals; transfers from provincial Disaster Prevention and Control Funds according to the Prime Minister's decision and other lawful sources;

b) The financial sources of the provincial Disaster Prevention and Control Fund include voluntary contributions from domestic and foreign organizations and individuals; mandatory contributions from economic organizations within the territory, Vietnamese citizens aged 18 and above up to retirement age under normal labor conditions as stipulated by labor laws; transfers from the central Disaster Prevention and Control Fund, between provincial Disaster Prevention and Control Funds, and other lawful sources.”

b) Amend and supplement Clause 4 as follows:

“4. The principles of operation of the Disaster Prevention and Control Fund are specified as follows:

a) Not for profit purposes;

b) Managing and using for the intended purpose, in compliance with the law, promptly, effectively, ensuring transparency and openness;

c) Support for disaster prevention and control activities that have not been funded by the state budget or have not met requirements.”

8. Amend and supplement some clauses of Article 13 as follows:

a) Amend and supplement Clause 1 as follows:

“1. Basic investigation, construction, approval, and implementation of disaster prevention and control strategies and plans.”

b) Amend and supplement Clauses 5 and 6 as follows:

“5. Construction, approval, and implementation of disaster prevention and control and water conservancy master plans, residential area and production organization master plans adaptable to disasters; review and plan for relocation of residents in areas with very high disaster risks.

6. Determine the level of disaster risk; ensure disaster prevention and control requirements.”

9. Add Article 13a following Article 13 as follows:

“Article 13a. Basic Investigation for Disaster Prevention and Control

1. Basic investigation for disaster prevention and control shall be conducted regularly or urgently to collect information and build databases serving state management and disaster prevention and control activities.

2. The contents of basic investigation for disaster prevention and control include:

a) Current status regarding the quantity, quality, and capacity of disaster prevention and control works and related infrastructure;

b) Current status regarding organizational structure, policies, human resources, finance, equipment in disaster prevention and control activities;

c) Current status of disaster information systems, monitoring, and surveillance systems and disaster prevention and control data;

d) Impact of climate change on disaster trends; impact of disasters on economic and social development; types of disasters; economic and social development activities related to disaster prevention and control.

3. Ministries, agencies at the ministerial level, government agencies, and local People's Committees organize the implementation, approval, publication, and management of basic investigation results for disaster prevention and control according to their assigned functions, tasks, and authorities, and send the results to the Ministry of Agriculture and Rural Development for management.”

10. Amend and supplement some points and clauses of Article 15 as follows:

a) Amend and supplement point c Clause 4 as follows:

“c) Determine the content and measures for disaster prevention and control appropriate to the levels of disaster risk and specific types of disasters to minimize disaster risks, paying attention to hazardous areas and vulnerable groups, including focusing on building integrated flood management plans for river basins within provinces; plans for strong typhoon and super typhoon prevention and control; plans for flash flood and landslides prevention and control; plans for drought and saltwater intrusion prevention and control; plans for riverbank erosion prevention and control due to floods or currents, and coastal erosion;”

b) Amend and supplement point c clause 6 as follows:

“c) Determine the overall content, programs, projects, and plans for disaster prevention and control appropriate to the levels of disaster risk and specific types of disasters to minimize disaster risks, paying attention to hazardous areas and vulnerable groups, including focusing on building integrated flood management plans for river basins; plans for strong typhoon and super typhoon prevention and control; plans for flash flood and landslides prevention and control; plans for drought and saltwater intrusion prevention and control; plans for riverbank erosion prevention and control due to floods or currents, and coastal erosion;”

c) Amend and supplement Point c, Clause 7 as follows:"

“c) The Ministry of Agriculture and Rural Development shall take the lead and coordinate with the Ministry of National Defense, ministries, agencies at the ministerial level, government agencies, and localities in drafting the National Disaster Prevention and Control Plan to submit to the Prime Minister for approval; guide the drafting of disaster prevention and control plans at various levels in localities.”

11. Add Article 18a following Article 18 as follows:

“Article 18a. Ensuring Requirements for Disaster Prevention and Control in the Management, Operation, and Use of Works

1. Organizations and individuals managing, operating, and using mineral extraction zones and other natural resource extraction zones; urban areas; tourist sites, tourist zones; industrial zones; rural residential areas; disaster prevention and control works, transportation, power, and other technical infrastructure must implement disaster prevention and control requirements in technical standards and regulations issued by competent authorities.

2. Households and individuals using works and houses under their ownership are responsible for implementing disaster prevention and control criteria issued by provincial People's Committees.

3. The Minister of Agriculture and Rural Development shall issue general regulations ensuring disaster prevention and control requirements as stipulated in Clause 1 of this Article.

4. Ministers, heads of agencies at the ministerial level, and local People's Committees within their respective functions, tasks, and authorities shall issue specific regulations ensuring disaster prevention and control requirements as stipulated in Clause 1 of this Article and organize inspections of compliance.

5. Local People's Committees shall inspect the implementation of disaster prevention and control criteria for households and individuals as stipulated in Clause 2 of this Article.

6. Technical standards for the management, operation, and use of works as stipulated in Clause 1 of this Article must include provisions ensuring disaster prevention and control requirements.”

12. Amend and supplement Article 19 as follows:

“Article 19. Ensuring Requirements for Disaster Prevention and Control in New Investment Construction or Renovation and Beautification of Urban Areas; Tourist Sites, Tourist Zones; Industrial Zones; Rural Residential Areas; Disaster Prevention and Control Works, Transportation, Power, and Other Technical Infrastructure

1. The investor when establishing and implementing new investment projects for construction or renovation and upgrading urban areas; tourist spots, tourist zones; industrial zones; rural residential points; disaster prevention and control works, transportation, power facilities, and other technical infrastructure works must ensure disaster prevention and control requirements, including:

a) Minimizing to the lowest extent possible or not increasing the risk of natural disasters and ensuring the stability of the works before natural disasters;

b) Complying with laws on environmental protection, construction laws, and planning laws.

2. The investment decision-maker shall be responsible for organizing the review of the content ensuring disaster prevention and control requirements in the project dossier for new construction or renovation and upgrading of urban areas; tourist spots, tourist zones; industrial zones; rural residential points; disaster prevention and control works, transportation, power facilities, and other technical infrastructure works before approving the project and making the investment decision.

3. Encouraging households and individuals when constructing new or upgrading works and houses to apply standards containing content ensuring disaster prevention and control requirements.

4. Construction technical standards and specifications must contain content ensuring disaster prevention and control requirements.”

13. Amend and supplement some points and clauses of Article 21 as follows:

a) Amend and supplement Clause 2 as follows:

“2. Information dissemination, communication, and education on disaster prevention and control shall be carried out through various appropriate forms for different target groups, including the following main forms:

a) Publishing on the websites of ministries, ministerial-level agencies, government agencies, localities, and mass media;

b) Developing specialized materials, magazines, leaflets, including materials in ethnic minority languages;

c) Organizing exhibitions, seminars, training sessions, and disaster prevention and control drills;

d) Incorporating disaster prevention and control knowledge into school curricula at all levels;

đ) Organizing forums on disaster prevention and control to widely consult policies and laws, share information and experience on disaster prevention and control;

e) Training and enhancing knowledge on disaster prevention and control.”

b) Amendments and supplements to Point d Clause 3 as follows:

“d) The Ministry of Agriculture and Rural Development shall direct and organize the implementation of programs and projects aimed at enhancing community awareness and community-based disaster risk management;”

14. Amend and supplement some points and clauses of Article 24 as follows:

a) Amend and supplement Clause 1 as follows:

“1. Disaster forecast and warning information must be timely, reliable, and suitable for the needs of various target groups, transmitted in Vietnamese, with particular attention to vulnerable groups, and if necessary, in ethnic minority languages.”

b) Supplementing point c after point b of Clause 2 as follows:"

“c) Fire weather forecast and warning bulletins must provide information about the affected area, type of forest, area size, and level of fire risk.”

c) Amend and supplement point a clause 3 as follows:

“a) The Ministry of Natural Resources and Environment shall be responsible for issuing forecast and warning bulletins related to meteorology, hydrology, and marine conditions. The Ministry of Agriculture and Rural Development shall be responsible for issuing forecast and warning bulletins on natural forest fires;”

15. Amend and supplement clause 4 of Article 25 as follows:

“4. The Government shall specify the relevant agencies responsible for transmitting information; frequency and duration of instructions and command for emergency response to disasters; the information network and equipment serving the command and control activities for emergency response to disasters; emergency situations regarding disasters; types of urgent disaster prevention, mitigation, and recovery projects that need to be implemented immediately or promptly address the consequences caused by force majeure incidents.”

16. Amend and supplement clause 5 of Article 26 as follows:

“5. For heatwaves, tornadoes, lightning, hail, strong winds over the sea, fog, natural forest fires, and other types of disasters, based on forecasts, warnings, characteristics, and actual developments of each type of disaster, take proactive measures to respond appropriately to specific situations.”

17. Add clause 3 after clause 2 of Article 30 as follows:

“3. The Government shall provide detailed regulations for this Article.”

18. Amend and supplement some points and clauses of Article 32 as follows:

a) Amend and supplement point c clause 1 as follows:

“c) Emergency relief resources include food, goods, medical supplies, water and environmental treatment chemicals from national reserves; annual contingency funds from the state budget; the Disaster Prevention and Control Fund and voluntary contributions from organizations and individuals; international support.”

b) Amend and supplement Point c Clause 2 as follows:

“c) Medium-term support resources include food and goods from state reserves; the state budget; the Disaster Prevention and Control Fund and voluntary contributions from organizations and individuals; international support.”

c) Amending and supplementing Point c Clause 3 as follows:

“c) Long-term support resources include the state budget and voluntary contributions from organizations and individuals; international support;”

19. Amend and supplement clause 2 of Article 33 as follows:

“2. The authority to mobilize, raise funds, and allocate emergency relief and medium-term support resources is defined as follows:

a) The Prime Minister, ministers, heads of ministerial-level agencies, chairpersons of people's committees at all levels have the authority to mobilize state resources within their jurisdiction to serve emergency relief and medium-term support according to the State Budget Law and the National Reserve Law. Long-term support is implemented according to the annual plan;

b) The Ministry of Agriculture and Rural Development and provincial people's committees decide to use the Disaster Prevention and Control Fund to support disaster prevention and control activities, prioritizing emergency relief and medium-term support as stipulated in Clause 3 of Article 10 of this Law;

c) The Vietnam Fatherland Front Central Committee, provincial-level Vietnam Fatherland Front Committees, Vietnam Red Cross, provincial people's committees, and county-level people's committees mobilize donations, receive, and allocate resources for emergency relief and medium-term support.

Ministries, ministerial-level agencies, and government agencies mobilize donations, receive resources for emergency relief and medium-term support, and transfer them to the Vietnam Fatherland Front Central Committee, Vietnam Red Cross, and provincial people's committees for allocation.

Local Vietnam Fatherland Front Committees and Vietnam Red Cross work together with the same-level people's committees to receive and allocate resources for emergency relief and medium-term support;

d) Organizations and individuals permitted to collect donations from the community in accordance with the law shall be responsible for coordinating with the People's Committee at the location receiving support to implement emergency relief and medium-term assistance;

đ) The National Steering Committee on Disaster Prevention and Control shall be responsible for calling for and accepting emergency international aid in situations involving natural disasters and transferring such aid to the Provincial People's Committees for allocation.”.

20. Amend and supplement the name of Chapter IV as follows:

"Chapter IV

SCIENCE AND TECHNOLOGY, INTERNATIONAL COOPERATION

IN DISASTER PREVENTION AND CONTROL”

21. Add Article 39a after Article 39 as follows:

“Article 39a. Science and technology in disaster prevention and control

1. Research and apply advanced technologies, new technologies, and innovative technologies to enhance the capacity for forecasting, warning, monitoring, surveillance, and transmitting information about various types of natural disasters, impacts of climate change, and activities that may increase disaster risks.

2. Conduct scientific research and apply advanced technologies, new technologies, innovative technologies, and new materials to improve the efficiency of investment, management, and utilization of disaster prevention and control works, and adaptation to climate change; ensure the safety of dike works, landslide prevention works, land subsidence prevention works, reservoirs, dams, and other disaster prevention and control works.”.

22. Amend and supplement Point a Clause 2 Article 40 as follows:

“a) Call for international support for disaster response and recovery efforts in Vietnam, except in cases stipulated in Point đ Clause 2 Article 33 of this Law; at the same time serve as the focal point of Vietnam to assist other countries according to the Government’s directives;”.

23. Amend and supplement some clauses of Article 44 as follows:

a) Amend and supplement Clause 1 as follows:

“1. The National Steering Committee on Disaster Prevention and Control:

a) The Prime Minister decides to establish the National Steering Committee on Disaster Prevention and Control to coordinate inter-sectoral activities, assist the Government and the Prime Minister in organizing and directing disaster prevention and control work nationwide.

The National Steering Committee on Disaster Prevention and Control shall be headed by the Prime Minister or a Deputy Prime Minister; members of the National Steering Committee on Disaster Prevention and Control include Ministers, Heads of ministerial-level agencies, or representatives of leaders of relevant ministries and agencies, and they shall serve concurrently;

b) The Ministry of Agriculture and Rural Development is the permanent body of the National Steering Committee on Disaster Prevention and Control and has a specialized agency under the Ministry to provide advisory services and support to the National Steering Committee on Disaster Prevention and Control.”;

b) Amend and supplement Clause 3 as follows:

“3. Chairpersons of People's Committees at all levels decide to establish the Command for Disaster Prevention and Control and Search and Rescue at their respective levels to assist the People's Committee in commanding and organizing disaster prevention and control and search and rescue operations within their jurisdiction.

The Command for Disaster Prevention and Control and Search and Rescue at all levels shall be headed by the Chairperson of the People's Committee at their respective level. The Provincial Command for Disaster Prevention and Control and Search and Rescue shall utilize the existing specialized department of the agricultural and rural development authority under the Provincial People's Committee to provide advisory services and support.”.

24. Replace the phrase "Central Steering Committee on Disaster Prevention and Control" with the phrase "National Steering Committee on Disaster Prevention and Control" in Clause 1 Article 17, Clause 4 Article 22, Clause 2 Article 23, Clause 1 Article 25, Article 26, Article 27, Clause 2 and Clause 4 Article 28, Clause 2 Article 29, Clause 2 Article 30, Clause 2 and Clause 4 Article 31, Clause 3 Article 42, Clause 4 Article 44.

Article 2. Amending and supplementing some articles of the Law on Dikes

1. Amending and supplementing some clauses of Article 3 as follows:

a) Amending and supplementing Clause 19 as follows:

“19. Floating islands or river islands are areas of land above water level within the scope of the riverbed.”

b) Supplementing Clause 23 after Clause 22 as follows:

“23. Riverbank is the boundary between the slope of the riverbed and the natural surface of the riverbank.”

2. Amending and supplementing some clauses of Article 7 as follows:

a) Amending and supplementing Clause 5 as follows:

“5. Construction of works and houses within the dike protection zone and the riverbed area excluding floating islands or river islands, except for flood prevention and control works, auxiliary works, and special works.”

b) Amend and supplement Clause 7 as follows:

“7. Dumping waste within the dike protection zone, on the riverbank, and in the riverbed; storing materials within the dike protection zone, except for emergency flood prevention and control materials.”

c) Amend Clause 10 as follows:

“10. Excavating soil, rock, sand, gravel, other minerals, ponds, wells within the dike protection zone, and other activities obstructing water flow and flood drainage without measures to address and remedy such issues.”

3. Amending and supplementing Clause 2 of Article 25 as follows:

“2. Issuing permits for the activities specified in Clause 1 of this Article must be based on technical standards for dikes and construction standards issued by competent state management agencies. When issuing permits for the activities specified in Points a, b, c, and h of Clause 1 of this Article for special grade, Grade I, Grade II, and Grade III dikes, the People's Committee of the province must obtain written approval from the Ministry of Agriculture and Rural Development.”

4. Amending and supplementing Point b of Clause 1 of Article 28 as follows:

“b) The construction of bridges over rivers with dikes must ensure flood drainage, clear water flow; safety of dikes according to this Law and ensure inland waterway traffic according to laws on inland waterway transport; waste materials and camps during construction must not affect water flow and must be cleared after completion of the project.

The Prime Minister shall stipulate the contents ensuring flood drainage, clear water flow, and dike safety for bridge construction over rivers with dikes.”

5. Amending and supplementing Clause 2 of Article 39 as follows:

“2. Preparing administrative violation records, compelling cessation of violations, and immediately transferring them to authorities with jurisdiction for punishment.”

6. Amending and supplementing Clause 4 of Article 42 as follows:

“4. The Ministry of Industry and Trade shall take the lead and coordinate with ministries, ministerial-level agencies, and provincial People's Committees to direct the construction and implementation of plans to ensure the safety of hydropower projects, and direct the operation of hydropower reservoirs in accordance with national technical standards for reservoir operation.”

7. Supplementing and replacing some phrases in some articles as follows:

a) Adding the phrase “, floating islands or river islands” after the phrase “riverbank” in the name of Article 26, Article 27;

b) Replacing the phrase “Flood and Storm Prevention Command Board” with the phrase “Natural Disaster Prevention, Search and Rescue Command Board” in Clause 11 of Article 3, Clause 2 of Article 35;

c) Replacing the phrase “Central Flood and Storm Prevention Command Board” with the phrase “National Natural Disaster Prevention Command Board” in Clause 2 of Article 35;

d) Replacing the phrase “Central Flood and Storm Prevention Command Board” with the phrase “National Natural Disaster Prevention Command Board” in Clause 7 of Article 36.

Article 3. Effectiveness

This Law takes effect from July 1, 2021.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the 14th term, the 9th session on June 17 2020.