Decree No. 66/2021/ND-CP detailing the implementation of certain provisions of the Law on Natural Disaster Prevention and Control and the Law Amending and Supplementing Certain Provisions of the Law on Natural Disaster Prevention and Control and the Law on Dike Management

DECREE

Detailed Implementation Decree on Certain Provisions of the Law on Natural Disaster Prevention and Control and the Law Amending and Supplementing Certain Provisions of the Law on Natural Disaster Prevention and Control and the Law on Dike Management

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Natural Disaster Prevention and Control dated June 19, 2013; the Law amending and supplementing certain articles of the Law on Natural Disaster Prevention and Control and the Law on Dike Construction dated June 17, 2020;

Pursuant to the Law on Construction dated June 18, 2014; the Law Amending and Supplementing Certain Provisions of the Law on Construction dated June 17, 2020;

Pursuant to the State Budget Law dated June 25, 2015;

Pursuant to the Law on Public Investment dated June 13, 2019;

Pursuant to the Preferential Treatment Ordinance for Those Contributing to the Revolution dated December 9, 2020;

At the proposal of the Minister of Agriculture and Rural Development;

The Government promulgates this Decree detailing the implementation of certain provisions of the Law on Natural Disaster Prevention and Control and the Law Amending and Supplementing Certain Provisions of the Law on Natural Disaster Prevention and Control and the Law on Dike Management.

PART I

GENERAL PROVISIONS

This Decree details the implementation of certain provisions of the Law on Natural Disaster Prevention and Control, including: responsibilities for transmitting information, frequency, duration of broadcasts, communication networks, equipment serving command and control activities for natural disaster response; division of responsibilities and coordination in natural disaster response; emergency situations regarding natural disasters, types of urgent projects for prevention, control, and mitigation of natural disaster consequences; activities to mitigate natural disaster consequences; mobilization, fundraising, and allocation of relief resources; rights and obligations of foreign organizations and individuals, international organizations participating in natural disaster response and consequence mitigation activities in Vietnam; organizational structure and tasks of agencies responsible for natural disaster prevention and control, and mechanisms for coordination between the National Steering Committee for Natural Disaster Prevention and Control and the National Committee for Search and Rescue in Response to Emergencies and Natural Disasters; policies for grassroots natural disaster prevention and control forces.

Article 2. Applicability

This Decree applies to state agencies, organizations, households, and individuals in Vietnam; foreign organizations and individuals, and international organizations residing, operating, or participating in natural disaster prevention and control activities in Vietnam.

Chapter II

SPECIFIC PROVISIONS

Section 1

RESPONSIBILITIES FOR TRANSMITTING INFORMATION; FREQUENCY AND DURATION OF BROADCASTS; COMMUNICATION NETWORKS AND EQUIPMENT SERVING COMMAND AND CONTROL ACTIVITIES FOR NATURAL DISASTER RESPONSE

Article 3. Agencies Responsible for Transmitting Information

3. Ministries, ministerial-level agencies, and government-affiliated agencies shall be responsible for directing specialized information systems to broadcast information related to natural disaster prevention and control within their respective fields of management.

4. The Ministry of Information and Communications shall take the lead and coordinate with the Ministry of Agriculture and Rural Development and the Ministry of Natural Resources and Environment to guide or submit to competent authorities for issuance of guidelines on prioritizing text message alerts for weather forecasts and warnings during emergency natural disaster situations.

Article 4. Frequency and duration of disaster response command and control information dissemination

2. The duration of disaster response command and control information dissemination includes the time required to broadcast the full content of directives from competent authorities, weather forecasts and warnings, updates on changes in directive content, disaster situation developments, and disaster response activities.

When a Level 2, 3, or 4 disaster occurs within their jurisdiction, the frequency of information dissemination shall follow the requirements of the local Disaster Prevention and Control Search and Rescue Command Board or higher-level boards.

Article 5. Information network and equipment serving command and control activities for disaster response

1. Public information networks serving disaster prevention and control command and control activities include:

a) Fixed terrestrial and satellite telecommunications networks;

b) Mobile terrestrial and satellite telecommunications networks;

c) Broadcasting and television transmission networks;

d) Public postal networks.

2. Specialized information networks include:

a) Hotlines directly serving disaster prevention and control command and control work;

b) Dedicated telecommunications networks serving Party and State agencies, defense, security, disaster prevention and control agencies, and dedicated vehicles for disaster prevention and control communications;

c) Postal networks serving Party and State agencies, defense, and security;

d) Dedicated telecommunications and postal networks of other organizations and enterprises;

e) Tsunami warning information networks combined with other disaster warnings;

f) Information monitoring networks from dedicated observation systems.

3. Communication equipment serving disaster prevention and control command and control activities include:

a) Fixed, mobile, and satellite telephones;

b) Computers;

c) Fax machines;

d) Broadcasting equipment;

e) Television equipment;

f) Automatic data transmission monitoring equipment;

g) Public information networks, dedicated automatic data transmission monitoring equipment, early warning information systems;

h) Other communication means and devices.

4. Based on disaster prevention and control requirements and tasks, ministries, ministerial-level agencies, government-affiliated agencies, and People's Committees at all levels shall develop plans for building and purchasing communication equipment; submit them for approval by competent authorities; organize construction, procurement, management, and use in accordance with the law.

Section 2

ASSIGNMENT OF RESPONSIBILITIES AND COORDINATION IN DISASTER RESPONSE

Article 6. Levels of Natural Disaster Risk

Natural disaster risk is classified into five increasing levels of risk severity, including: Level 1, Level 2, Level 3, Level 4, and Level 5 (state of natural disaster emergency). The Prime Minister shall provide detailed regulations on levels of natural disaster risk.

Article 7. Allocation of Responsibilities and Coordination in Responding to Level 1 Natural Disaster Risks

1. The Chairman of the People's Committee at the commune level shall be responsible for directly commanding and mobilizing local resources to respond promptly when a natural disaster occurs; supporting response efforts upon request from neighboring localities; reporting and being accountable for implementing directives and commands from higher-level disaster prevention and control agencies; and simultaneously having the authority to mobilize the following resources to respond to natural disasters:

a) Commune-level emergency response forces, self-defense forces, youth groups, organizations, and individuals within the locality, as well as voluntary organizations and individuals;

b) Reserve materials prepared by the people, materials, equipment, and means of transportation of the commune level and organizations and individuals operating within the locality.

2. Forces participating in responding to natural disasters within the locality shall be responsible for closely coordinating under the command of the Chairman of the People's Committee at the commune level or authorized person.

3. In cases where the commune level's response capacity is exceeded, the Chairman of the People's Committee at the commune level shall request support from the People's Committee at the district level.

4. The Chairman of the People's Committee at the district level shall be responsible for directly commanding and mobilizing resources within their authority to respond to natural disasters when a Level 1 natural disaster occurs affecting two communes or more, or upon receiving assistance requests from the Chairman of the People's Committee at the commune level; and being accountable for implementing commands and directives from higher-level disaster prevention and control agencies.

5. The Chairman of the People's Committee at the district level has the authority to mobilize the following resources to respond to natural disasters:

a) Military forces, police, self-defense forces, youth groups, organizations and individuals, search and rescue forces, fisheries inspection forces, and voluntary organizations and individuals in accordance with the law;

b) Materials, equipment, and means of transportation of the district level, reserve materials for disaster prevention and control, and those of organizations and individuals operating within the locality.

6. Forces participating in responding to natural disasters within the district shall be responsible for closely coordinating under the command of the Chairman of the People's Committee at the district level or authorized person.

Article 8. Allocation of Responsibilities and Coordination in Responding to Level 2 Natural Disaster Risks

2. The Chairman of the People's Committee at the provincial level has the authority to mobilize the following resources to respond to natural disasters:

a) Military forces, police, self-defense forces, youth groups, organizations and individuals, search and rescue forces, fisheries inspection forces, and voluntary organizations and individuals;

b) Materials, equipment, and means of transportation of the provincial level, reserve materials for disaster prevention and control, and those of organizations and individuals operating within the locality.

3. The Chairman of the People's Committee at the district and commune levels shall organize the implementation of tasks stipulated in Article 7; comply with the command of higher-level agencies; guide and organize evacuation to safe locations; the Chairman of the People's Committee at the district level decides to enforce evacuation in cases where organizations and individuals do not voluntarily comply with evacuation instructions and guidance for the purpose of ensuring safety for people.

Article 9. Allocation of Responsibilities and Coordination in Responding to Level 3 Natural Disasters

Clause 2. The National Committee for Search and Rescue in Response to Emergencies and Natural Disasters, based on specific situations, takes the lead and coordinates with ministries, sectors, and localities to direct and prepare forces and means to deploy search and rescue operations and participate in coordinating disaster response activities.

Clause 4. The Chairman of the People's Committee at the provincial level is responsible for mobilizing resources within his authority, commanding the implementation of disaster response measures in the locality.

Clause 5. The Chairmen of the People's Committees at the district and commune levels perform tasks as prescribed in Clause 3, Article 8 of this Decree, in accordance with specific situations in the locality; comply with directives and commands from higher authorities.

Article 10. Allocation of Responsibilities and Coordination in Responding to Level 4 Natural Disasters

Clause 1. The Prime Minister directs ministries, ministerial-level agencies, government-affiliated agencies, and relevant localities to implement disaster response measures.

Clause 3. The National Committee for Search and Rescue in Response to Emergencies and Natural Disasters leads and coordinates with ministries, sectors, and localities to direct and prepare forces and means to deploy search and rescue operations and participate in coordinating disaster response activities.

Clause 6. The Chairmen of the People's Committees at the district and commune levels perform tasks as prescribed in Clause 3, Article 8 of this Decree, in accordance with specific situations in the locality; comply with directives and commands from higher authorities.

Article 11. Allocation,分级授权责任和协调应对自然灾害紧急状态

1. In cases where natural disasters exceed level 4, the National Steering Committee for Natural Disaster Prevention and Control shall report to the Prime Minister to request the President to declare a state of emergency due to natural disasters.

2. The allocation,分级授权责任 and coordination in responding to emergency situations caused by natural disasters shall be carried out in accordance with the provisions of the Law on Emergency Situations.

Section 3

EMERGENCY SITUATIONS CAUSED BY NATURAL DISASTERS; TYPES OF URGENT PROJECTS FOR PREVENTION, CONTROL, AND MITIGATION OF THE AFTERMATH OF NATURAL DISASTERS

Article 12. Emergency situations caused by natural disasters

1. An emergency situation caused by natural disasters refers to situations where natural disasters that have occurred or are occurring have already affected or pose a direct threat to the safety of lives, health, housing of many people, and flood control works, dams, disaster prevention and control works, important infrastructure facilities such as airports, railways, expressways, national highways, provincial roads, national seaports, high-voltage power grids of 66KV and above, national-level historical sites, schools, hospitals at the county level and above, offices of agencies at the county level and above, economic zones, industrial parks, which require immediate measures to be taken to respond to emergencies to promptly prevent and mitigate consequences, announced by a decision of the competent authority.

2. The contents of the decision announcing an emergency situation caused by natural disasters include the following main information:

a) The development and scope of impact of natural disasters or incidents; incidents involving disaster prevention and control works or construction works affected by natural disasters; the extent of damage to the works; losses or potential losses that may occur, especially those related to human safety;

b) Immediate emergency measures needed to be applied to respond to and mitigate consequences in order to minimize losses caused by natural disasters or incidents involving works;

c) Assignment of responsibilities to relevant agencies and units to implement emergency response and mitigation of consequences.

3. Competence and procedures for announcing decisions on emergency situations and ending emergency situations caused by natural disasters:

a) The Chairman of the People's Committee of the province decides to announce an emergency situation caused by natural disasters as stipulated in Clause 1 of this Article occurring within the province's jurisdiction. The Provincial Steering Committee for Natural Disaster Prevention and Search and Rescue or the specialized agency has the responsibility to advise the Chairman of the People's Committee of the province to issue an emergency situation caused by natural disasters;

d) Based on the development of natural disasters or the results of mitigating incidents, the advisory agency shall submit a decision by the competent authority to announce the end of the emergency situation caused by natural disasters;

đ) Responsibilities for responding to and mitigating consequences of natural disasters in emergency situations: Implemented according to the principles stipulated in Articles 7, 8, 9, and 10 of this Decree and assigned in the decision announcing the emergency situation. The Ministers of ministries, Heads of ministerial-level agencies shall coordinate with the Chairmen of the People's Committees of provinces to prepare forces, materials, means, and equipment to respond to emergency situations caused by natural disasters within their respective fields of management.

4. Measures to be applied in emergency situations:

The Chairmen of the People's Committees of provinces, the Ministers, and the Heads of ministerial-level agencies are responsible for mobilizing all resources to respond to emergency situations. Main measures include:

a) Mobilizing forces, means, and other resources to rescue and save victims; organizing timely medical care for victims; quickly evacuating and relocating residents from dangerous areas; ensuring logistics support for residents at evacuation sites;

b) Organizing reception, medical care, examination, treatment, and free distribution of medicines to residents; mobilizing medical facilities to participate in saving and treating victims;

c) Free distribution of food, essential goods, and other necessities to help residents handle the environment, prevent and control diseases, provide clean water, stabilize residents' lives during the response and mitigation of natural disaster aftermaths;

d) Mobilizing all resources (including resources from the Disaster Prevention and Control Fund) to urgently address incidents involving disaster prevention and control works and construction works damaged by natural disasters;

đ) Other necessary measures;

Article 13. Emergency Projects for Prevention, Control, and Mitigation of Natural Disaster Consequences

Clause 1. Emergency projects for prevention, control, and mitigation of natural disaster consequences are projects that need to be implemented immediately to address or timely handle the aftermath caused by natural disasters when there are emergency situations or natural disaster emergencies according to the decision of the competent authority.

Clause 2. Emergency projects for prevention, control, and mitigation of natural disaster consequences shall be decided on investment and organized for implementation in accordance with the provisions of Article 130 of the Construction Law amended and supplemented at Clause 48, Article 1 of the Law Amending and Supplementing Certain Provisions of the Construction Law, Clause 6, Article 18, Article 42 of the Public Investment Law, Article 58 of Decree No. 15/2021/NĐ-CP dated March 3, 2021 of the Government detailing certain contents on project management for construction investment and related provisions of laws on construction, public investment, and bidding; they may be assigned or apply the direct award form in accordance with Point a, Clause 1, Article 22 of the Bidding Law to select contractors.

Section 4

ACTIVITIES TO MITIGATE NATURAL DISASTER CONSEQUENCES; MOBILIZATION, DONATION, AND DISTRIBUTION OF RESOURCES FOR RELIEF AND MITIGATION OF NATURAL DISASTER CONSEQUENCES

Article 14. Principles for Implementing Mitigation of Natural Disaster Consequences

Clause 2. Ensure timeliness, effectiveness, transparency, and accuracy in terms of target groups.

Clause 3. Prioritize support for livelihoods, recovery of production, and urgent repair of natural disaster prevention and control works and essential construction works.

Clause 4. Restore, repair, and rebuild to ensure greater sustainability.

Article 15. Statistics and Damage Assessment

Clause 1. The work of statistics and damage assessment shall be carried out immediately after the occurrence of natural disasters and regularly updated until the comprehensive damage report from the natural disaster serves the guidance and management of disaster response and consequence mitigation.

Clause 2. The Ministry of Agriculture and Rural Development shall take the lead and coordinate with the Ministry of Planning and Investment to guide the statistics and assessment of losses caused by natural disasters in accordance with Clause 7, Article 31 of the Law on Natural Disaster Prevention and Control.

Article 16. Relief and Support Needs for Mitigating Natural Disaster Consequences

Clause 1. Based on the situation of natural disasters and damages, the impact of natural disasters on various aspects of life, production, and infrastructure, ministries, sectors, and localities have the responsibility to determine the needs, forms, targets, and resources for relief and support in accordance with Article 32 of the Law on Natural Disaster Prevention and Control and Clause 18, Article 1 of the Law Amending and Supplementing Certain Provisions of the Law on Natural Disaster Prevention and Control and the Law on Dikes, and bear responsibility for the accuracy of the reported content and data.

Point a. Local-level Disaster Prevention and Control Command Centers are responsible for determining and consolidating losses, proposing relief and support needs within their jurisdiction, and reporting to the same-level People's Council. Local-level People's Councils are responsible for reporting to higher-level Disaster Prevention and Control Command Centers in cases exceeding local capacity.

Point b. Ministries, sectors, and provincial-level People's Councils consolidate relief and support needs and report to the National Steering Committee for Natural Disaster Prevention and Control in cases exceeding capacity.

Point c. The National Steering Committee for Natural Disaster Prevention and Control is responsible for consolidating relief and support needs from ministries, sectors, and localities, considering them, and submitting to the Prime Minister for a decision.

Clause 3. Resources for Relief and Support for Mitigating Natural Disaster Consequences: Implemented in accordance with Point c, Clause 1, Point c, Clause 2, Point c, Clause 3 of Article 32 of the Law on Natural Disaster Prevention and Control and Clauses 3 and 6 of Article 1 of the Law Amending and Supplementing Certain Provisions of the Law on Natural Disaster Prevention and Control, and other legitimate resources.

Article 17. Mobilization, allocation, and implementation of financial resources to support disaster recovery

1. Responsibilities and authority for allocating financial resources

In cases where the local capacity is exceeded, the People's Committees at all levels shall propose needs, report to the higher-level Disaster Prevention and Control Task Force, and the provincial People's Committee shall report to the National Steering Committee for Disaster Prevention and Control for consolidation and consideration before submitting to the Prime Minister for decision;

2. Process for mobilizing and using local budgets:

c) Based on the Decision on financial support for disaster recovery issued by the higher-level People's Committee, the lower-level Disaster Prevention and Control Task Force shall be responsible for advising and proposing the timely allocation by the same-level People's Committee to implement, with the latest deadline being 20 days from the date of the support decision; quarterly reporting on the implementation results to the higher-level Disaster Prevention and Control Task Force before the 20th day of the last month of each quarter for consolidation and reporting;

d) The Disaster Prevention and Control Task Force at all levels shall be responsible for guiding, inspecting, urging the implementation, compiling reports on the implementation results, proposing the same-level People's Committee to consider recovering, reallocating support funds, and handling cases of improper use of funds, delays, waste, or inefficiency;

3. Process for mobilizing and implementing support from the central budget:

c) Based on the Prime Minister's Decision on financial support for disaster recovery, the Disaster Prevention and Control Task Forces of ministries, ministerial-level agencies, government-affiliated agencies, and localities shall be responsible for advising and proposing timely allocation by the Ministers, Heads of ministerial-level agencies, government-affiliated agencies, and provincial People's Committees to implement, with the latest deadline being 30 days from the date of the Prime Minister's decision; quarterly reporting on the implementation results to the National Steering Committee for Disaster Prevention and Control before the 25th day of the last month of each quarter for consolidation and reporting to the Prime Minister;

4. Process for mobilizing and implementing support from the financial reserve fund

a) The provincial Disaster Prevention and Control Task Force shall compile the need for support for activities to address the consequences of natural disasters and report to the provincial People's Committee for consideration and decision on support from the provincial financial reserve fund in accordance with Article 11 of the State Budget Law and Article 8 of Decree No. 163/2016/NĐ-CP dated December 21, 2016 detailing the implementation of certain provisions of the State Budget Law.

b) The National Steering Committee for Natural Disaster Prevention and Control shall aggregate the support requirements for activities to mitigate the aftermath of natural disasters from ministries, sectors, and localities, and report to the Prime Minister for consideration and decision on support from the central financial reserve fund in accordance with Article 11 of the State Budget Law and Clause 8 of Decree No. 163/2016/ND-CP dated December 21, 2016 detailing the implementation of certain provisions of the State Budget Law.

5. Procedures for mobilizing and implementing support from the natural disaster prevention and control fund.

Implementation shall be in accordance with the laws governing the establishment and management of the natural disaster prevention and control fund.

Article 18. Support for goods and livelihoods to mitigate the aftermath of natural disasters.

1. Goods in the national reserve.

The distribution and provision of support for goods in the national reserve shall be carried out in accordance with the laws governing national reserve goods.

2. Livelihood support.

a) Livelihood support includes food aid, assistance for medical expenses of seriously injured individuals, and funeral costs for households with deceased or missing members due to natural disasters;

b) Beneficiaries of support include citizens and households affected by natural disasters;

c) The level of support, procedures, and processes for providing support shall be implemented according to the social assistance policies for social welfare beneficiaries.

3. Support for housing damaged by natural disasters.

a) Beneficiaries of support include citizens and households whose housing has been damaged by natural disasters, in accordance with the social assistance policies for social welfare beneficiaries;

Article 19. Emergency relocation support for residents.

1. Based on the decision on emergency situations regarding natural disasters under Article 12 of this Decree, People's Committees at all levels and Commanders of Natural Disaster Prevention and Search and Rescue Teams shall implement emergency relocation support for residents to ensure timely and safe evacuation of people.

5. Provincial-level People's Committees shall mobilize legitimate resources and stipulate detailed procedures for organization and implementation consistent with the specific characteristics of the locality.

Article 20. Mobilization, fundraising, and allocation of resources

1. Mobilization, fundraising, and allocation of domestic resources

The organization of mobilizing, fundraising, and allocating domestic resources shall be carried out in accordance with Article 11, Article 33 of the Law on Natural Disaster Prevention, Clause 19 of Article 1 of the Law Amending and Supplementing Certain Provisions of the Law on Natural Disaster Prevention and Flood Control Law, and the Decree on Mobilization, Acceptance, Distribution, and Utilization of Voluntary Contributions to Overcome Difficulties Caused by Natural Disasters, Epidemics, Accidents, and Serious Diseases.

2. Mobilization, fundraising, and allocation of international resources

The mobilization, fundraising, and allocation of international resources for disaster relief to mitigate the aftermath of natural disasters shall be implemented in accordance with regulations on the management and utilization of official development assistance and non-governmental foreign aid; regulations on accepting, managing, and utilizing emergency international aid for disaster relief and mitigation of natural disaster consequences.

Section 5

RIGHTS AND OBLIGATIONS OF FOREIGN ORGANIZATIONS AND INDIVIDUALS AND INTERNATIONAL ORGANIZATIONS PARTICIPATING IN DISASTER RESPONSE ACTIVITIES AND MITIGATION OF DISASTER CONSEQUENCES IN VIETNAMINTERNATIONAL ORGANIZATIONS PARTICIPATING IN ACTIVITIES TO RESPOND AND MITIGATE THE CONSEQUENCES OF NATURAL DISASTERS IN VIETNAMCOMMAND FOR PREVENTING AND COMBATING NATURAL DISASTERS AND MECHANISMS FOR COORDINATION BETWEEN THE NATIONAL DIRECTORATE FOR PREVENTING AND COMBATING NATURAL DISASTERS

Article 21. Import and export taxes and fees for equipment, facilities, and goods serving emergency relief, search and rescue, relief, and support for natural disasters

Foreign organizations and individuals, and international organizations participating in disaster response and mitigation activities in Vietnam importing and re-exporting equipment, facilities, and goods for emergency relief, search and rescue, relief, and support for natural disasters shall be exempt from import and export taxes and fees in accordance with Point a, Clause 1, Article 41 of the Law on Natural Disaster Prevention. In cases where they leave Vietnam for other purposes, they must pay taxes in accordance with Vietnamese laws.

Article 22. Registration for disaster response and mitigation activities in Vietnam

1. Foreign organizations and individuals, and international organizations must establish one registration dossier before entering Vietnam to carry out disaster response and mitigation activities, which can be submitted directly, through postal services, or by other appropriate means to the Ministry of Agriculture and Rural Development for review and decision by competent authorities. The registration dossier includes:

a) A registration form for disaster response and mitigation activities in Vietnam, including the name of the organization or individual, purpose of the activity, expected time and location (according to Model Appendix I);

b) A list of goods, materials, and equipment provided as support and related documents (if applicable, according to Model Appendix II);

c) A list of participants (according to Model Appendix III).

If the dossier is incomplete, the General Department of Natural Disaster Prevention will guide the completion within one working day from the date of receipt of the dossier.

2. Within two working days from the date of receiving the dossier, the Ministry of Agriculture and Rural Development (through the General Department of Natural Disaster Prevention) is responsible for notifying the result of the dossier processing to the submitting organization or individual and relevant agencies.

Article 23. Entry and exit procedures; customs clearance procedures for specialized natural disaster prevention equipment, facilities, and goods serving emergency response and search and rescue, relief, and support for natural disaster consequences.

1. Individuals permitted to enter Vietnam for disaster response and mitigation activities shall be given priority entry and exit procedures at border gates; in case of urgent response, if they do not have visas, they may be issued visas at the border gate.

2. Equipment, facilities, and goods permitted to be imported and re-exported after completing search and rescue, relief, and support activities for natural disasters shall be given priority customs clearance procedures at border gates.

Article 24. Residence for Foreign Nationals Participating in Disaster Response and Mitigation Activities in Vietnam

1. Foreign nationals permitted to enter Vietnam to participate in disaster response and mitigation activities shall be guided on accommodation, work locations, and temporary residence procedures in accordance with specific conditions.

2. Agencies and localities receiving support shall be responsible for guiding registration procedures for temporary residence, accommodation, and work locations for individuals and organizations entering Vietnam to participate in disaster response and mitigation activities.

Chapter 6

ORGANIZATIONAL STRUCTURE, TASKS OF THE DIRECTING AND COMMANDING AGENCY FOR DISASTER PREVENTION AND MITIGATION AND MECHANISMS FOR COORDINATION BETWEEN THE NATIONAL COMMITTEE FOR DISASTER PREVENTION AND MITIGATION AND THE NATIONAL COMMITTEE FOR DISASTER RESPONSE AND SEARCH AND RESCUEAND THE NATIONAL COUNCIL FOR EMERGENCY RESPONSE, NATURAL DISASTERS, AND SEARCH AND RESCUEBETWEEN THE NATIONAL DIRECTORATE FOR NATURAL DISASTER PREVENTION AND CONTROLAND THE NATIONAL EMERGENCY RESPONSE, NATURAL DISASTER CONTROLAND SEARCH AND RESCUE COMMITTEE

1. The National Committee for Disaster Prevention and Mitigation, established by the Prime Minister, shall coordinate inter-ministerial efforts to assist the Government and the Prime Minister in organizing, directing, and managing disaster prevention, response, and recovery operations nationwide. The Committee shall use its own seal to perform its tasks. Members of the Committee shall operate under a part-time system.

2. The National Committee for Disaster Prevention and Mitigation consists of the following members:

a) The Prime Minister or Deputy Prime Minister shall serve as Chairperson, specifically decided by the Prime Minister;

b) The Minister of Agriculture and Rural Development shall serve as Vice-Chairperson in charge of day-to-day operations; Other Vice-Chairpersons shall be decided by the Prime Minister;

c) Members include representatives from leading ministries, agencies at ministerial level, and government-affiliated agencies; representatives from leading Vietnam Television, Voice of Vietnam Radio, Vietnam News Agency; Director of the Office of the National Committee for Disaster Response, Search and Rescue;

d) Based on operational requirements, the Chairperson of the National Committee for Disaster Prevention and Mitigation may invite representatives from relevant agencies and organizations such as the Central Committee of the Vietnam Fatherland Front, the Central Committee of the Vietnam Women's Union, the Central Committee of the Ho Chi Minh Communist Youth Union, the Central Committee of the Vietnam Red Cross Society, and other related agencies and organizations to join the National Committee for Disaster Prevention and Mitigation.

3. The Ministry of Agriculture and Rural Development shall serve as the permanent agency of the National Committee for Disaster Prevention and Mitigation; it shall utilize the machinery of the General Department of Disaster Prevention and Control and allocate human resources, equipment, and necessary conditions to fulfill the duties of the Permanent Office of the National Committee for Disaster Prevention and Mitigation.

The Permanent Office of the National Committee for Disaster Prevention and Mitigation shall have its own seal, receive funding, and open an account at the State Treasury to carry out its activities. The Chairperson of the National Committee for Disaster Prevention and Mitigation shall stipulate the functions, tasks, and operational regulations of the Permanent Office of the National Committee.

4. Tasks of the National Committee for Disaster Prevention and Mitigation:

a) Direct and urge the development and implementation of national strategies, plans, policies, and laws on disaster prevention and mitigation;

b) Lead the guidance on the formulation of disaster response plans;

c) Direct and coordinate disaster response and recovery operations nationwide: Direct disaster risk response at level 3; advise on disaster risk response at levels 4 and 5; coordinate and support or direct localities to respond to disaster risks at levels 1 and 2 when there are complex developments and significant risks of severe consequences;

d) Based on the progression of disasters and actual needs, decide on urgent measures, mobilize resources from ministries, agencies at ministerial level, government-affiliated agencies, organizations, and individuals to respond to and recover from disasters in accordance with the Law on Disaster Prevention and Control and this Decree;

đ) Direct the statistical work on losses, emergency assistance needs, and recovery and reconstruction requirements of localities and ministries;

e) Aggregate, review, and propose to the Government and the Prime Minister decisions on measures, central budget usage, and other legitimate resources to serve emergency disaster response and recovery operations nationwide;

g) Inspect, urge, and guide ministries, sectors, and localities in implementing disaster prevention and control activities in accordance with the law;

h) Direct, organize training, education, drills, and instruction for forces participating in disaster prevention and control activities; direct, implement, and organize the execution of solutions aimed at gradually enhancing civil capacity in disaster response activities;

i) Direct and organize the enhancement of material infrastructure, equipment, supplies, and specialized means; build a database system to support decision-making and management in disaster prevention and control at all levels;

k) Organize appeals, reception, and deployment of emergency international aid in critical disaster situations;

l) Organize guidance, inspection, urging, and aggregation of results from the implementation of support resources to report to the Prime Minister;

m) Direct and organize the compilation of materials, guidelines, training, dissemination, and communication through social media platforms to enhance community awareness about disaster prevention and control annually;

n) Guide the operation of grassroots disaster prevention and control vanguard forces;

o) Advise the Prime Minister to establish a Forward Command Post to directly manage and direct operations at the affected site in special situations;

p) Lead the drafting and publication of annual white papers on disaster prevention and control;

q) Direct the development of annual activity plans and ensure funding for the fulfillment of annual tasks.

1. The Ministries of National Defense, Public Security, Agriculture and Rural Development, Transport, Construction, Industry and Trade, Natural Resources and Environment, Information and Communications, Health, Education and Training, Labor, Invalids and Social Affairs, Culture, Sports and Tourism shall establish a Steering Committee for Natural Disaster Prevention, Mitigation, Search and Rescue at the ministry level.

2. Ministries, ministerial-level agencies, and government agencies (excluding those specified in Clause 1 of this Article) shall decide on establishing a Steering Committee for Natural Disaster Prevention, Mitigation, Search and Rescue based on their assigned tasks, or entrust a department under their jurisdiction to concurrently perform advisory functions for the Minister or Head of the agency regarding natural disaster prevention, mitigation, and search and rescue within their management scope.

3. Based on requirements and tasks related to natural disaster prevention, mitigation, and search and rescue, the Minister or Head of a ministerial-level agency or government agency shall decide on establishing a Steering Committee for Natural Disaster Prevention, Mitigation, Search and Rescue for subordinate units.

4. Structure of the Steering Committee for Natural Disaster Prevention, Mitigation, Search and Rescue at the ministry level:

a) The Steering Committee for Natural Disaster Prevention, Mitigation, Search and Rescue of ministries, ministerial-level agencies, and government agencies shall be headed by the leadership of the ministry.

b) Based on requirements and tasks, the Minister of each ministry or Head of a ministerial-level agency or government agency shall assign specialized agencies to advise and assist the Minister or Head of the agency in managing natural disaster prevention, mitigation within their jurisdiction and concurrently perform the function of the permanent office of the Steering Committee for Natural Disaster Prevention, Mitigation, Search and Rescue.

c) The Steering Committee for Natural Disaster Prevention, Mitigation, Search and Rescue at the ministry level may use the seal of the ministry or have its own seal, the permanent office has a seal, and receives funding and opens an account for operations.

5. Tasks of the Steering Committee for Natural Disaster Prevention, Mitigation, Search and Rescue at the ministry level:

a) Advise the Minister in implementing natural disaster prevention, mitigation, and search and rescue tasks within their jurisdiction.

b) Coordinate with ministries, ministerial-level agencies, and localities to implement natural disaster prevention, mitigation, and search and rescue tasks nationwide according to the directives of the Prime Minister, the National Steering Committee for Natural Disaster Prevention, Mitigation, and Search and Rescue, and the National Committee for Disaster Response, Search and Rescue.

c) Decide on urgent measures, mobilize resources within the authority of the ministry to respond to and promptly mitigate the consequences of natural disasters and search and rescue within their jurisdiction and support localities.

1. The Steering Committee for Natural Disaster Prevention, Mitigation, Search and Rescue at the provincial level shall be established by the Chairman of the Provincial People's Committee to assist the Provincial People's Committee in commanding and directing activities related to natural disaster prevention, mitigation, and search and rescue in the locality. The Steering Committee for Natural Disaster Prevention, Mitigation, Search and Rescue shall have a seal, receive funding, and open an account for operations.

2. The Steering Committee for Natural Disaster Prevention, Mitigation, Search and Rescue at the provincial level shall consist of the following members:

a) The Chairman of the Provincial People's Committee shall serve as the Chair.

b) A Vice-Chairman of the Provincial People's Committee shall serve as the Deputy Chair in charge of day-to-day operations.

c) The Director of the Department of Agriculture and Rural Development, the Commander-in-Chief of the Provincial Military Command, the Commander-in-Chief of the Provincial Border Guard Command, and the Director of the Provincial Public Security Department shall serve as Deputy Chairs.

d) Members shall include the Directors or representatives of leaders of relevant departments and sectors involved in natural disaster prevention, mitigation, and search and rescue, the Vietnam Fatherland Front, Women's Union, Red Cross, Ho Chi Minh Communist Youth Union, and other social organizations at the provincial level participating as members of the Steering Committee for Natural Disaster Prevention, Mitigation, Search and Rescue at the provincial level.

3. The Department of Agriculture and Rural Development shall be the permanent body for natural disaster prevention, while the Military Command or Border Guard Command shall be the permanent body for search and rescue of the Steering Committee for Natural Disaster Prevention, Mitigation, Search and Rescue at the provincial level, specifically decided by the Provincial People's Committee.

The Chairman of the Provincial People's Committee shall decide on establishing a specialized unit under the Department of Agriculture and Rural Development to perform the function of the permanent office of the Steering Committee for Natural Disaster Prevention, Mitigation, Search and Rescue.

4. Tasks of the Steering Committee for Natural Disaster Prevention, Mitigation, Search and Rescue at the provincial level:

a) Advise the Provincial People's Committee in implementing natural disaster prevention tasks as stipulated in Clause 1 of Article 43 of the Law on Natural Disaster Prevention and Mitigation.

b) Direct and urge the development and submission for approval of plans and schemes to respond to natural disasters.

c) Command responses to natural disasters and search and rescue operations within the provincial area.

d) Inspect and urge departments and agencies in the locality to fulfill natural disaster prevention tasks.

đ) Assist the Provincial People's Committee in directing, inspecting, urging, and compiling reports on damage statistics, determining support needs, and implementing post-disaster recovery and reconstruction work.

e) Implement contents related to the Fund for Natural Disaster Prevention and Mitigation as prescribed.

g) Organize training, drills, and training sessions for forces participating in natural disaster prevention and search and rescue activities.

h) Organize dissemination and propaganda to enhance community awareness about natural disaster prevention.

i) Direct, implement, and organize the execution of solutions to gradually improve civil capacity in responding to natural disasters.

k) Concentrate human resources, equipment, build tools to support the permanent office of the Steering Committee for Natural Disaster Prevention, Mitigation, Search and Rescue at the provincial level; connect online with central and local disaster prevention agencies to facilitate command and control of natural disaster prevention and mitigation work.

1. The Steering Committee for Natural Disaster Prevention and Search and Rescue at the district level shall be established by the Chairman of the People's Committee at the district level, with the function of advising and assisting the People's Committee at the district level in inspecting, urging, commanding, and directing natural disaster prevention and search and rescue operations within the local area. The Steering Committee for Natural Disaster Prevention and Search and Rescue at the district level shall have its seal, bank account, and be allocated funds to operate.

2. Members of the Steering Committee for Natural Disaster Prevention and Search and Rescue at the district level include:

a) The Chairman of the People's Committee at the district level serves as the Head of the Committee;

b) One Deputy Chairman of the People's Committee at the district level serves as the Deputy Head of the Committee in charge of daily operations;

c) The Director of the Department or head of the agency responsible for state management of natural disaster prevention; the Commander-in-Chief of the Military Command at the district level and the Director of Public Security at the district level serve as Deputy Heads of the Committee;

d) Members are heads of departments or representatives of leading units related to natural disaster prevention and search and rescue operations in the locality; leaders of the Fatherland Front, Women's Union, Red Cross, Communist Youth Union Ho Chi Minh, and other social organizations at the district level participate in the Steering Committee for Natural Disaster Prevention and Search and Rescue.

3. Based on specific conditions of the locality, the Chairman of the People's Committee at the district level decides to assign the responsibility for one functional department under the People's Committee at the district level to perform the duties of the Office of the Steering Committee for Natural Disaster Prevention and Search and Rescue.

4. Tasks of the Steering Committee for Natural Disaster Prevention and Search and Rescue at the district level:

a) Advise and assist the People's Committee at the district level in implementing natural disaster prevention tasks as stipulated in Clause 1, Article 43 of the Law on Natural Disaster Prevention;

b) Direct and urge the construction and submission for approval of plans and response measures for natural disasters in the locality;

c) Command and organize responses to natural disasters and search and rescue operations within the district;

d) Inspect and urge agencies and units in the locality to fulfill natural disaster prevention tasks;

đ) Assist the District People's Committee in directing, inspecting, compiling, and reporting statistical damage assessment, aftermath mitigation, and post-disaster recovery and reconstruction work;

e) Organize training for forces participating in natural disaster prevention and search and rescue activities;

g) Organize dissemination and propaganda to raise community awareness about natural disaster prevention;

h) Implement contents related to the Fund for Natural Disaster Prevention as prescribed.

1. The Steering Committee for Natural Disaster Prevention and Search and Rescue at the commune level shall be established by the Chairman of the People's Committee at the commune level, advising and assisting the People's Committee at the commune level in inspecting, urging, commanding, and directing natural disaster prevention and search and rescue operations within the local area.

2. Members of the Steering Committee for Natural Disaster Prevention and Search and Rescue at the commune level include:

a) The Chairman of the People's Committee at the commune level serves as the Head of the Committee;

b) One Deputy Chairman of the People's Committee at the commune level serves as the Deputy Head of the Committee in charge of daily operations;

c) The Director of Public Security at the commune level serves as the Deputy Head of the Committee and the Commander-in-Chief of the Military Command at the commune level serves as the Deputy Head of the Committee in charge of rescue and emergency response forces for natural disaster prevention at the commune level;

d) Members are civil servants at the commune level and heads of political and social organizations at the commune level;

đ) A civil servant at the commune level responsible for state management of natural disaster prevention serves as a permanent member of the Steering Committee for Natural Disaster Prevention and Search and Rescue.

3. The Steering Committee for Natural Disaster Prevention and Search and Rescue at the commune level shall be located at the People's Committee office at the commune level. The Committee shall use the seal of the Commune People's Committee, utilize some specialized staff from the People's Committee at the commune level as a permanent office, and be allocated funds to operate.

Based on specific conditions in the locality, the Head of the Steering Committee for Natural Disaster Prevention and Search and Rescue at the commune level decides on the composition and tasks of the permanent office.

4. Tasks of the Steering Committee for Natural Disaster Prevention and Search and Rescue at the commune level:

a) Advise and assist the People's Committee at the commune level in implementing natural disaster prevention tasks as stipulated in Clause 2, Article 43 of the Law on Natural Disaster Prevention;

b) Carry out the transmission of directives and commands for natural disaster response from higher levels to the community;

c) Command responses to natural disasters and search and rescue operations within the commune;

d) Direct and urge the construction and approval of plans and response measures for natural disasters in the locality;

đ) Inspect and urge organizations and individuals in the locality to fulfill natural disaster prevention tasks;

e) Take the lead in advising and assisting the Commune People's Committee in establishing, organizing training, and maintaining emergency response forces for natural disaster prevention at the commune level, with the core being the self-defense militia force and the participation of the Red Cross, youth league, and other social organizations in the locality;

g) Implement contents related to the Fund for Natural Disaster Prevention as prescribed;

h) Organize dissemination and propaganda to raise community awareness about natural disaster prevention annually.

Depending on specific conditions, the head of the agency or organization shall decide to establish an Emergency Prevention and Search and Rescue Command Board to implement tasks related to emergency prevention and search and rescue as prescribed by law.

Article 31. Ensuring Resources and Operating Conditions for Agencies and Forces Engaged in Emergency Prevention at All Levels

1. Ministries, sectors, People's Committees at all levels shall be responsible for ensuring sufficient resources and operating conditions for agencies and forces engaged in emergency prevention at the same level, including financial resources, human resources, office space, material infrastructure, materials, equipment, tools to assist in decision-making and command and other necessary conditions.

2. Agencies and units assigned to perform emergency prevention tasks shall be responsible for building plans to ensure resources and operating conditions for their agencies, units, and forces engaged in emergency prevention within their management scope for approval by the competent authority.

3. Based on approved plans, agencies and units assigned to perform emergency prevention tasks shall submit to the competent authority for approval and allocate resources and operating conditions for their activities.

1. The National Steering Committee for Emergency Prevention shall take the lead and coordinate with the National Committee for Disaster Response and Search and Rescue to issue directives for responding to specific disaster situations.

2. The National Steering Committee for Emergency Prevention and the National Committee for Disaster Response and Search and Rescue shall proactively notify and cooperate immediately upon receiving information about accidents or incidents occurring during disasters, unify measures and mobilize forces, means, materials, and equipment to respond to disasters.

3. The National Steering Committee for Emergency Prevention shall unify with the National Committee for Disaster Response and Search and Rescue regarding the content of requests for support from other countries concerning search and rescue forces in case of severe disasters before reporting to the Prime Minister for decision.

4. The National Steering Committee for Emergency Prevention shall take the lead in mobilizing resources, organizing command and operation activities to respond to and mitigate the aftermath of disasters, coordinating with the National Committee for Disaster Response and Search and Rescue to mobilize and coordinate search and rescue forces, implementing search and rescue operations and disaster relief.

Section 7

REGIME AND POLICY FOR VOLUNTEER FORCES IN EMERGENCY PREVENTION AT COMMUNE LEVEL

Article 33. Wage and Remuneration Regime for Individuals Participating in Mobilized Volunteer Forces for Training, Drills, Exercises, and Emergency Prevention Tasks

1. Individuals not receiving salary from the state budget during the period they are mobilized for emergency prevention tasks, participating in training, drills, exercises shall be entitled to labor day allowances as follows:

a) For individuals mobilized for training, drills, exercises: The daily allowance shall not be less than 59,600 VND;

b) For individuals mobilized for emergency prevention tasks: The daily labor allowance for each person shall not be less than 119,200 VND;

c) If training, drills, exercises, and performing emergency prevention tasks are conducted at night (from 22:00 on the previous day to 06:00 on the following day), the allowance shall be doubled as stipulated herein;

d) When concentrating, training, drilling, exercising, or performing emergency prevention tasks away from their residence without the condition to return daily, they shall be provided accommodation, meals, transportation means, travel expenses, or reimbursement for round-trip train tickets like commune-level cadres and civil servants; they shall be supported with meal expenses according to the level set by the provincial People's Committee but not less than 57,000 VND.

The level that mobilizes shall ensure payment.

2. Individuals receiving salary from the state budget during the period they are mobilized, trained, drilled, exercised, or performing emergency prevention tasks according to the decision of the competent authority shall be paid full salary, welfare benefits, travel allowances, and train ticket fees by their working agency or organization.

a) In cases where contractual employees participate in training, drills, exercises, or emergency prevention tasks, their employment contracts may be temporarily suspended, and they shall be entitled to wage and allowance regimes as prescribed;

b) Costs for the above items shall be included in the regular activity budget of the agency or unit.

3. Cadres and soldiers of the Self-Defense Militia and Public Security Police mobilized for training, drills, and emergency prevention tasks according to the decision of the competent authority shall be entitled to benefits as prescribed by law.

Article 34. Medical examination and treatment regime, accident allowance, pension allowance for cases participating in health insurance and social insurance

1. Conditions for entitlement: Persons participating in the emergency response force at the commune level who fall ill, suffer accidents, get injured, or die while performing disaster prevention and control tasks, training, and exercises, and other tasks as directed by competent authorities. In cases where illness, accidents, or death result from intentional self-harm, the use of stimulants, narcotics, or addictive substances, they shall not be entitled to allowances as stipulated in Clause 2 of this Article.

2. Medical examination and treatment regime, accident allowance, and pension allowance for persons participating in the emergency response force at the commune level who are covered by social insurance and health insurance: They shall be entitled to benefits for illness, work-related accidents, and death benefits according to labor laws, social insurance, and health insurance regulations (the period counted from when they are mobilized and start performing their duties until completion of the mission and return to their place of residence, or from when they are mobilized and start performing their duties until they suffer an accident or death).

Article 35. Medical examination and treatment regime, accident allowance, and pension allowance for cases not participating in health insurance and social insurance

1. Conditions for entitlement: Persons participating in the emergency response force at the commune level who fall ill, suffer accidents, get injured, or die while performing disaster prevention and control tasks, training, and exercises, and other tasks as directed by competent authorities. In cases where illness, accidents, or death result from intentional self-harm, the use of stimulants, narcotics, or addictive substances, they shall not be entitled to allowances as stipulated in Clauses 2 and 3 of this Article.

2. Entitlement level for persons participating in the emergency response force at the commune level who are not covered by health insurance if they fall ill, suffer accidents, or get injured

Medical examination and treatment costs shall be equivalent to the health insurance benefit level for non-commissioned officers and soldiers of the Vietnam People's Army on active duty. During inpatient treatment, food expenses shall be covered. If a person participating in the emergency response force at the commune level is undergoing inpatient treatment but has completed their mission, medical examination and treatment costs and food expenses shall be reimbursed up to a maximum of 15 days; if the illness persists beyond 15 days, treatment will continue until recovery, with full reimbursement of medical examination and treatment costs.

3. Entitlement level for persons participating in the emergency response force at the commune level who are not covered by social insurance if they suffer accidents or die

a) Accident allowance: During accident treatment, they shall be entitled to benefits as stipulated in Clause 2 of this Article, including cases of recurring injuries until discharge. If the accident results in a 5% reduction in working capacity, they shall receive VND 7,450,000; for each additional 1% reduction, they shall receive an additional VND 745,000;

b) Pension allowance: In cases of death or accidents leading to death, relatives shall receive a pension allowance of VND 53,640,000; the person handling funeral arrangements shall receive funeral expenses of VND 14,900,000;

c) In cases of illness leading to death: Relatives shall receive a pension allowance of VND 7,450,000; the person handling funeral arrangements shall receive funeral expenses of VND 14,900,000.

4. Procedures and formalities

a) Receiving applications:

The People's Committee at the commune level shall receive applications from persons participating in the emergency response force at the commune level or their authorized representatives. Within 10 working days from the date of receiving the application, the People's Committee at the commune level shall prepare one set of documents to submit to the Chairman of the People's Committee at the district level. For cases involving accidents resulting in a 5% or greater reduction in working capacity or death, within 5 working days from the date of receiving the application, the People's Committee at the district level shall prepare one set of documents to submit to the Chairman of the People's Committee at the provincial level.

For cases that do not meet the conditions, invoices, or valid documents, within 3 working days from the date of receiving the application, the provincial, district, or commune-level authority must issue a written guidance document to the applicant to supplement and complete the required information.

b) Decision on support and allowance:

For medical examination and treatment costs in cases of illness, accidents, or injuries: Within 5 working days from the date of receiving the application submitted by the Chairman of the People's Committee at the commune level, the Chairman of the People's Committee at the district level shall decide on financial support for medical examination and treatment for persons participating in the emergency response force at the commune level.

For accident allowances resulting in a 5% or greater reduction in working capacity or death: Within 5 working days from the date of receiving the application submitted by the Chairman of the People's Committee at the district level, the Chairman of the People's Committee at the provincial level shall decide on accident allowances and death benefits for persons participating in the emergency response force at the commune level;

c) Payment of support and allowance:

Within 10 working days from the date of the decision on allowance, the People's Committee at the commune level shall be responsible for disbursing medical examination and treatment costs and allowances to eligible recipients. Payments may be made through bank transfer, postal service, or direct payment at the commune level.

5. Application Documents

a) Support for medical examination and treatment costs:

Persons participating in the emergency response force at the commune level or their authorized representatives shall prepare one set of documents to submit to the People's Committee at the commune level, which includes an application form according to the model prescribed in Appendix VI issued together with this Decree, test result forms, prescription forms, invoices, and discharge certificates.

The People's Committee at the commune level shall prepare one set of documents to submit to the People's Committee at the district level, which includes a report along with the valid documents specified in point a of Clause 5 of this Article;

b) Accident Allowance:

The participant in the commune-level emergency response force for natural disaster prevention and control or their lawful representative shall prepare one set of documents to be submitted to the People's Committee at the commune level, which includes the application form according to the model prescribed in Appendix VII attached to this Decree; discharge certificate; copy of medical record or certified true copy of injury certification issued by the healthcare facility that provided emergency care and treatment; medical examination report on the degree of work capacity reduction by the medical examination board of provincial-level hospitals and equivalent institutions in cases where the accident results in a work capacity reduction of 5% or more. In case of traffic accidents, there shall also be an investigation report from the police authority.

The People's Committee at the commune level shall prepare one set of documents to be submitted to the People's Committee at the district level, which includes the submission letter and valid documents as stipulated in Point b, Clause 5 of this Article.

In cases where the accident results in a work capacity reduction of 5% or more, the People's Committee at the district level shall prepare one set of documents to be submitted to the People's Committee at the province level, which includes the submission letter along with valid documents as stipulated in Point b, Clause 5 of this Article.

c) Pension allowance:

The participant in the commune-level emergency response force for natural disaster prevention and control or their lawful representative shall prepare one set of documents to be submitted to the People's Committee at the commune level, which includes the application form according to the model prescribed in Appendix VII attached to this Decree; discharge certificate or copy of medical record or certified true copy of death certificate or extract of death registration. In case of traffic accidents leading to death, there shall also be an investigation report from the police authority.

The People's Committee at the commune level shall prepare one set of documents to be submitted to the People's Committee at the district level, which includes the submission letter and valid documents as stipulated in Point c, Clause 5 of this Article.

The People's Committee at the district level shall prepare one set of documents to be submitted to the People's Committee at the province level, which includes the submission letter and valid documents as stipulated in Point c, Clause 5 of this Article.

6. Funding to ensure implementation of policies for the commune-level emergency response force for natural disaster prevention and control

The People's Committee at the district level shall ensure funding for those who are not covered by health insurance if they fall ill, suffer an accident, or get injured; the People's Committee at the province level shall ensure funding for those who are not covered by social insurance in case of accidents or death.

Article 36. Other benefits

1. Members of the commune-level emergency response force for natural disaster prevention and control who are injured or sacrificed while performing their duties shall enjoy benefits and policies similar to those for war invalids, and those who die shall be recognized as martyrs in accordance with the laws on preferential treatment for persons with meritorious service to the revolution.

2. The commune-level emergency response force for natural disaster prevention and control shall be equipped with work equipment according to the standards and quotas prescribed in Appendix IV attached to this Decree. The work equipment for the commune-level emergency response force for natural disaster prevention and control shall be decided by the Chairman of the People's Committee at the commune level.

3. The commune-level emergency response force for natural disaster prevention and control shall be provided with uniforms as prescribed in Appendix V attached to this Decree. The commune-level emergency response force for natural disaster prevention and control shall wear uniforms when performing their duties.

4. The commune-level emergency response force is given priority in job applications.

Article 37. Sources of funding

The People's Committees at all levels shall ensure funding for the implementation of policies for the commune-level emergency response force for natural disaster prevention and control from the state budget, the Natural Disaster Prevention and Control Fund, and other legitimate sources in accordance with the law.

Chapter III

IMPLEMENTING PROVISIONS

Article 38. Effective Date

1. This Decree takes effect from August 20, 2021.

2. This Decree replaces Decree No. 160/2018/NĐ-CP dated November 29, 2018, detailing the implementation of certain provisions of the Law on Natural Disaster Prevention and Control.

3. Decisions No. 01/2016/QĐ-TTg dated January 19, 2016, and Decision No. 37/2019/QĐ-TTg dated December 27, 2019, of the Government Chairperson amending and supplementing certain provisions of Decision No. 01/2016/QĐ-TTg dated January 19, 2016, regarding mechanisms and procedures for supporting financial resources for localities to mitigate the consequences of natural disasters, are hereby abolished.

Article 39. Responsibility for Implementation

The Minister, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of People's Committees at all levels, and related organizations and individuals are responsible for implementing this Decree.