Decree No. 74/2015/NĐ-CP on Civil Air Defense

DECREE

Regarding civil air defenseFor power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.

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

Based on the Law on National Defense dated June 14, 2005;

Pursuant to the Law on Militia and Self-defense dated November 23, 2009;

At the proposal of the Minister of National Defense,

The Government promulgates the Decree on Civil Air Defense.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Decree stipulates the principles, organization, and content of civil air defense activities; the regime, policies, and state management responsibilities for civil air defense work.

2. This Decree applies to agencies, organizations, and citizens of the Socialist Republic of Vietnam related to civil air defense.

Article 2. Position and functions of civil air defense

Civil air defense is an important component of national defense and military work; it is established and operates within the defensive area, forming part of the people's war of resistance on the anti-aircraft front, aimed at preventing, repelling, and mitigating the consequences of enemy air intrusions and attacks; protecting state property, the lives and property of the people, contributing to building a strong defensive area, firmly safeguarding the independence, sovereignty, and territorial integrity of the country.

Article 3. Explanation of Terms

2. Self-generated and self-consumed electricity is electricity produced and consumed by an organization or individual to serve their own needs.

1. Civil air defense system: Is the overall set of factors, advantages of terrain, forces, and anti-aircraft equipment deployment to conduct anti-aircraft combat operations in accordance with the defensive area's combat plan.

2. Civil air defense territory: Is determined as counties, districts, cities, towns under provinces, or key positions within the provincial and military region defense system.

3. Professional civil air defense forces: Are the combined forces organized tightly under the guidance of the Civil Air Defense Steering Committee at all levels to carry out civil air defense tasks.

Article 4. Principles of organization and operation of civil air defense

1. The organization and operation of civil air defense are placed under the leadership of the Party, centrally and uniformly directed from the central level to localities according to the guidelines of the Ministry of National Defense.

2. The organization and operation of civil air defense are carried out by the political system, the whole people, and the armed forces, with the People's Militia and Self-Defense Forces serving as the core.

3. Civil air defense work is prepared during peacetime and implemented when there are signs or actions of enemy air intrusion and attack.

Article 5. State management of civil air defense

1. The Ministry of National Defense, Ministries, ministerial-level agencies, agencies under the Government, and People's Committees at all levels within their respective duties and powers perform state management functions over civil air defense.

2. Contents of state management over civil air defense:

a) Issuing and implementing legal documents on civil air defense;

b) Coordinating with the Vietnam Fatherland Front and mass organizations in the process of implementing tasks related to the organization and operation of civil air defense;

c) Propaganda and dissemination of state laws, plans, and regulations on civil air defense activities;

d) Directing and managing the construction and operation of civil air defense from the Central Civil Air Defense Steering Committee to localities;

đ) Establishing planning, constructing the civil air defense system within the defensive area;

e) Organizing inspections on the construction and operation of civil air defense;

g) Summarizing and concluding on the results of civil air defense activities.

Article 6. Contents of Civil Air Defense

1. Contents of organization and activities of civil air defense during peacetime:

a) Propaganda and education on civil air defense;

b) Building plans for civil air defense;

c) Building forces, organizing training, and drills to enhance combat readiness and handling situations for participating forces in civil air defense work;

d) Organizing construction of shelters, anti-aircraft positions within the defensive area, and deploying surveillance, reporting, and air defense alarm systems for civilians;

đ) Building planning for projects ensuring safety standards for civil air defense and civil defense;

e) Implementing other contents as prescribed by law.

2. Contents of organization and activities of civil air defense during wartime:

Fully implement the civil air defense contents stipulated in Clause 1 of this Article and focus on the following contents:

a) Organizing reconnaissance, observation, detection, reporting, and air defense alarms; observing the development of enemy air attacks;

b) Organizing camouflage, feints, evacuation, dispersion, and protection against enemy air attacks;

c) Organizing combat against enemy intrusions and air attacks, and ensuring air defense combat operations;

d) Organizing recovery from consequences and damages caused by enemy air attacks.

Chapter II

ORGANIZATION OF CIVIL AIR DEFENSE

Article 7. Civil Air Defense Steering Committee

1. The Civil Air Defense Steering Committee is established at four levels including:

- Central level;

- Military Region level;

- Provincial level (commonly referred to as provincial level);

- District level (commonly referred to as district level) within key areas of civil air defense.

2. The Central Civil Air Defense Steering Committee includes:

a) The Chairman of the Steering Committee is held by a Deputy Prime Minister;

b) Deputy Chairmen:

- The Vice Chairman in charge of daily operations is the Minister of National Defense;

- The Vice Chairmen are a Deputy Chief of General Staff of the Vietnam People's Army and the Commander of the Vietnam People's Air Defense-Air Force Corps, and the Director of the Air Defense-Air Force Department of the entire army;

c) Members of the Steering Committee are a Deputy Minister or equivalent from some central ministries, agencies, and the Director of the Ground Forces Air Defense Department under the Air Defense-Air Force Corps.

3. The Prime Minister shall prescribe the functions, tasks, and authorities of Civil Air Defense Steering Committees at all levels from central to local.

4. Regulations on operation of Civil Air Defense Steering Committees at all levels shall be prescribed by the Chairman of the same-level Civil Air Defense Steering Committee. Regulations on operation of Civil Air Defense Steering Committees at the Military Region, provincial, and district levels shall be based on regulations of the Central Civil Air Defense Steering Committee.

Article 8. Office Supporting the Civil Air Defense Steering Committee

1. At each level, the Civil Air Defense Steering Committee has a Permanent Office located at the same-level military office; the tasks and authorities of the Permanent Office shall be prescribed by the Chairman of the same-level Civil Air Defense Steering Committee.

2. The Ground Forces Air Defense Department/Air Defense-Air Force Corps is the Specialized Office supporting the Steering Committee, and the Permanent Office of the Central Civil Air Defense Steering Committee.

3. The Air Defense Office at the Military Region and provincial levels, and the Military District Command are the Specialized Offices supporting the same-level Civil Air Defense Steering Committee, responsible for advising the Steering Committee on organizing and implementing civil air defense contents as prescribed in this Decree.

4. The Minister of National Defense shall guide the establishment of the Permanent Office and Specialized Office supporting the Civil Air Defense Steering Committee at the Military Region, provincial, and district levels.

Article 9. Organization of the People's Air Defense Professional Force

1. The People's Air Defense Professional Force includes:

a) Reconnaissance, observation, detection, reporting, and air defense alarm forces;

b) Camouflage, evacuation, and air defense protection forces;

c) Enemy invasion combat and aerial route attack forces;

d) Combat support and air defense assurance forces;

đ) Damage control, firefighting, medical rescue, and structural collapse rescue forces.

2. The People's Air Defense Professional Force is organized into teams (units) from the forces of various agencies, organizations, local armed forces, and the entire population, with the Civilian Self-Defense Militia and Local Troops being the core forces implementing the people's air defense tasks.

3. The Chairman of the People's Committee at the commune level, the head of agencies and organizations, and related units have the responsibility to establish specialized air defense teams (units) for the people in accordance with the guidance of the Ministry of National Defense.

Article 10. Authority to Establish, Working System, and Principles of Operation of the People's Air Defense Steering Committees at All Levels

1. Authority to establish:

a) The Prime Minister decides on the establishment of the Central People's Air Defense Steering Committee;

b) The Military Region Commander decides on the establishment of the Military Region-level People's Air Defense Steering Committee;

c) The Chairman of the Provincial and District People's Committees decides on the establishment of the People's Air Defense Steering Committee at their respective levels.

2. Working system: Members of the People's Air Defense Steering Committees at all levels work under a concurrent position system.

3. The People's Air Defense Steering Committees at all levels operate according to their own steering committee working regulations and based on the principle of centralized democratic operation, promoting collective wisdom, and emphasizing the responsibility of the Chairperson and Deputy Chairpersons. Members of the People's Air Defense Steering Committees at all levels work according to their assigned functions and tasks.

Chapter III

CLASSIFICATION, TASKS, AND ACTIVITIES OF AIR DEFENSE

SUPREME

Section 1

CLASSIFICATION, TASKS OF THE PEOPLE'S AIR DEFENSE

Article 11. Classification of Provinces and Central Cities Regarding People's Air Defense

1. Key provinces and central cities for people's air defense are determined as those provinces and cities having strategic importance in politics, economy, culture-society, national defense, security, or places with key national targets and military regions.

2. Non-key provinces and central cities for people's air defense are those provinces and cities not included in the provisions of Clause 1 of this Article.

Article 12. Classification of People's Air Defense Areas

1. Key people's air defense areas are determined as districts, urban districts, and cities directly under provincial level that have strategic importance in politics, economy, culture-society, national defense, security, or places with key provincial targets.

2. Non-key people's air defense areas are districts, urban districts, and cities directly under provincial level not included in the provisions of Clause 1 of this Article.

Article 13. Authority to Determine Key Provinces, Central Cities, and Areas for People's Air Defense

1. The Minister of National Defense decides on key provinces and central cities for people's air defense nationwide, based on the proposals of the Military Region Commanders and the Hanoi Capital Military Command.

2. The Military Region Commander directs the Provincial and City Military Commands to determine and advise the respective Chairman of the People's Committee to decide on key people's air defense areas at their level.

3. The Hanoi Capital Military Command has the responsibility to determine and advise the Chairman of the Hanoi People's Committee to decide on key people's air defense areas in the city.

Article 14. Tasks of provinces, cities, and key areas for people's air defense

The People's Air Defense Steering Committees at provincial, municipal, and key air defense area levels shall organize the full implementation of the contents of people's air defense as stipulated in Article 6 of this Decree and focus on the following contents:

1. Building systems of legal documents, plans for people's air defense, evacuation plans, dispersion plans for avoiding attacks, and regularly reviewing, adjusting, and supplementing them to suit local conditions.

2. Organizing the building of forces, specialized training in people's air defense, and participating in air defense exercises and defensive zone exercises with air defense content.

3. Directing, inspecting the implementation of people's air defense tasks at their own level and coordinating closely with units stationed in the area during the deployment and organization of people's air defense tasks.

4. Directing and guiding agencies to build, train, and organize activities of specialized people's air defense forces.

Article 15. Tasks of provinces, cities, and non-key areas for people's air defense

1. Local military agencies shall coordinate with relevant departments to advise the People's Air Defense Steering Committee at the same level to organize the implementation of people's air defense contents including:

a) Advising the local Party committee and administration on organizing and operating people's air defense and air defense content within the defensive zone;

b) Building plans for civil air defense;

c) Continuously studying the situation of enemy activity in the air, proposing timely and effective countermeasures;

d) Coordinating with departments to assist the local People's Committee in building, managing, directing, and commanding forces to perform people's air defense tasks;

đ) Directing and guiding agencies and organizations to build and train specialized people's air defense forces.

2. In case of necessity, be ready to implement air defense work contents as provinces, cities, and key air defense areas.

3. Cooperate with provinces, cities, and key air defense areas to coordinate the implementation of air defense preparation contents according to the directives of higher-level People's Air Defense Steering Committees.

Section 2

 PEOPLE'S AIR DEFENSE ACTIVITIES

Article 16. Contents of air defense preparation

1. Contents of air defense preparation in peacetime:

a) Establishing People's Air Defense Steering Committees at all levels;

b) Building air defense plans in accordance with the guidance of the Ministry of National Defense, promptly adjusting and supplementing when circumstances change;

c) Organizing propaganda, enhancing knowledge of people's air defense linked to national defense and security education; specialized training for people's air defense forces, organizing air defense exercises and drills;

d) Organizing the construction of key shelters, projects, and programs meeting the requirements and combat missions of people's air defense;

đ) Organizing and implementing air surveillance, warning, and alarm systems in key areas;

e) Organizing forces ready to fight invading enemies and air attacks and specialized people's air defense forces to proactively defend, evacuate, and mitigate consequences.

2. Contents of air defense preparation in wartime:

a) Implementing approved air defense plans, promptly supplementing and adjusting in line with the situation;

b) Mobilizing and directing the operation of people's air defense forces and air defense support forces according to mission requirements;

c) Organizing camouflage, feints, evacuation, and dispersion to avoid enemy air attacks;

d) Deploying teams to mitigate consequences, medical assistance, firefighting, and rescue operations, and combat teams.

Article 17. Building the People's Air Defense System

The People's Air Defense System includes:

1. Building a system of observation, notification, and air defense alarm stations.

2. Building a system of shelters and defenses against enemy air attacks; key air defense shelters.

3. Determining evacuation, dispersion areas, and air defense shelters at each level.

4. Building anti-aircraft firing positions and ambush positions for provinces, cities, and key air defense areas.

5. Establishing support positions for people's air defense services within rear bases and combat bases of all levels of defense zones.

Article 18. Building the People's Air Defense Plan

1. The People's Air Defense Plan is developed at military region, provincial, district, and commune levels.

2. The People's Air Defense Plan is drafted by local military agencies at various levels and the Commune Military Command in collaboration with local departments and submitted to the Chairman of the People's Committee at the same level for approval.

3. Local People's Committees direct and organize the development of the People's Air Defense Plan according to the guidance and instructions of the Ministry of National Defense.

4. The Minister of National Defense guides the development of the People's Air Defense Plan at all levels.

Article 19. Propaganda on People's Air Defense

1. At all levels, the People's Air Defense Steering Committee collaborates with their respective functional agencies to organize propaganda, education, and enhance public awareness and knowledge about people's air defense.

2. Agencies and organizations from central to local levels use mass media and other forms to promote people's air defense work.

3. Based on their functions and tasks, the People's Air Defense Steering Committee closely coordinates with the Vietnam Fatherland Front and other mass organizations to widely disseminate knowledge about people's air defense.

Article 20. Professional Training and Conducting People's Air Defense Drills

1. Professional training in people's air defense:

a) General knowledge training in people's air defense;

b) Specialized team training in people's air defense;

c) Training forces to counter enemy air attacks.

2. Conducting people's air defense drills:

a) Contents of people's air defense drills include:

- Command and staff exercises at all levels;

- Organization of reconnaissance, notification, and alarm systems;

- Organization of camouflage, evacuation, dispersion, and sheltering;

- Organization of counterattacks against enemy air incursions;

- Organization of aftermath management.

b) Forms of organization: People's air defense drills or combined people's air defense drills with regional defense zone drills.

3. The Ministry of National Defense guides the content of training and conducting people's air defense drills at all levels.

Article 21. Organizing the Construction of People's Air Defense Facilities and Deploying the Reconnaissance, Notification, and Alarm Systems for People's Air Defense

1. People's air defense facilities include:

a) A system of observation, notification, and alarm stations for people's air defense;

b) Key shelter and hiding places (individual shelters);

c) Evacuation and dispersion locations;

d) Camouflage and decoy structures;

đ) Anti-aircraft firing positions against enemy artillery air attacks, including main and reserve positions.

2. The Ministry of National Defense leads and collaborates with the Ministry of Construction to guide ministries, sectors, and localities in constructing people's air defense facilities; determining the construction of key shelters, and submitting to the Prime Minister for approval.

3. The Minister of National Defense decides on deploying the reconnaissance, notification, and alarm systems for people's air defense in key provinces and cities.

Chapter IV

SUPPORT WORK AND POLICIES FOR PEOPLE'S AIR DEFENSE

Article 22. Sources of funds

1. The state budget allocates funds to ensure the operation of people's air defense work according to the current budget classification, specifically:

a) The central budget ensures funding for the implementation of people's air defense work by central ministries, agencies, and the Central People's Air Defense Steering Committee, military regions, and the Hanoi Capital Military Command;

b) Local budgets ensure funding for the implementation of people's air defense work carried out by local agencies and units and the People's Air Defense Steering Committee at various levels established by the Provincial and District People's Committee Chairmen.

2. Enterprises ensure funding for forces performing people's air defense tasks in accordance with Clause 2 of Article 52 of the Law on Militia and Self-Defense and guiding documents implementing the Law on Militia and Self-Defense.

Article 23. Equipment Assurance

The Ministry of National Defense shall ensure weapons, technical equipment, and some specialized equipment for serving the people's air defense mission. Relevant agencies, organizations, and localities shall ensure necessary means and equipment for specialized people's air defense teams according to mission requirements.

Article 24. Policies and Regulations

1. Persons not receiving salaries from the state budget, during the time they are mobilized to participate in people's air defense work, training, and people's air defense exercises, shall be entitled to benefits as prescribed under current regulations for People's Militia and Self-Defense Force personnel who do not receive salaries from the state budget pursuant to Clause 2, Article 47 of the Law on People's Militia and Self-Defense Force.

2. Persons directly participating in the people's air defense force who fall ill, suffer accidents, injuries, or death shall be entitled to benefits as stipulated in Clause 1 and Clause 2, Article 51 of the Law on People's Militia and Self-Defense Force.

Chapter V

RESPONSIBILITIES FOR CIVIL AIR DEFENSE IMPLEMENTATION

Article 25. Responsibilities of the Ministry of National Defense

1. To take the lead and coordinate with central ministries, sectors, and localities in directing and guiding the implementation of the people's air defense mission. To bear responsibility before the Government for the results of the people's air defense.

2. To take the lead in directing the construction of local forces, the People's Militia and Self-Defense Force for air defense, and the reserve mobilization force for air defense in accordance with the provisions of the law.

3. To coordinate with relevant ministries and sectors in directing and guiding military regions, provincial and district People's Committees in building the people's air defense posture within the defensive area.

4. To coordinate with the Ministry of Planning and Investment in directing provincial and district People's Committees to study and build plans for economic and social development linked to national defense, security, and the people's air defense posture within the defensive area; to review, adjust, and align with the actual conditions of the locality.

5. To direct and guide localities on advisory combat operations for air defense within the defensive area; people's air defense exercises; defensive area exercises incorporating air defense content.

6. Annually, to take the lead and coordinate with central ministries, sectors, and localities in inspecting the implementation of the people's air defense mission; to direct military regions to organize implementation and inspect the implementation of the people's air defense mission in accordance with the provisions of the law.

Article 26. Responsibilities of Ministries, Agencies Equivalent to Ministries, and Government Agencies

1. The Ministry of Planning and Investment: To take the lead and coordinate with relevant ministries and sectors in allocating investment funds for people's air defense projects according to the current state budget classification. To study and direct the establishment of planning and plans for economic and social development according to air defense safety requirements and standards.

2. The Ministry of Finance: To take the lead and coordinate with the Ministry of National Defense and relevant ministries and sectors in submitting proposals to competent authorities for the allocation of regular expenditure funds for people's air defense work according to the current state budget classification.

3. The Ministry of Public Security: To direct subordinate forces to prepare means, organize the construction of forces, and train for participation in people's air defense activities; to direct specialized public security forces to perform tasks when implementing people's air defense work in various situations; to direct inspections of regulations ensuring public order and security during the implementation of the people's air defense mission.

4. The Ministry of Construction: To direct the construction of projects and investments according to air defense safety requirements and standards. To direct the organization of constructing key shelters.

5. The Ministry of Transport: To develop plans, ensure equipment, means, and transportation systems, and establish and operate search and rescue teams for road, waterway, and air transport to implement the people's air defense mission.

6. The Ministry of Health: To direct the organization of emergency care and treatment for injured persons; to train People's Militia and Self-Defense Force and specialized air defense forces in emergency care and evacuation techniques; to develop supply plans and logistical support for medical services in case of air attack scenarios.

7. The Ministry of Information and Communications: To coordinate with the Ministry of National Defense in directing propaganda on people's air defense work, and to direct the assurance of priority use of communication means to serve the tasks of alerting, reporting, commanding, and coordinating people's air defense.

8. The Ministry of Industry and Trade: To direct the implementation of legal provisions on industrial mobilization, expanding production capacity to meet defense needs; to manage markets and ensure the circulation of goods for armed forces and civilians during the implementation of the air defense plan in wartime.

9. The Ministry of Education and Training: To take the lead and coordinate with the Ministry of National Defense in directing general education on people's air defense, and guiding the implementation of the Law on National Defense and Security Education. To organize annual training for management staff, teachers, and lecturers in national defense and security education on air defense knowledge.

10. Other ministries, councils, and sectors: According to their functions and responsibilities, to advise the Central Air Defense Directive Board in directing, guiding, implementing, and organizing the implementation of air defense contents; to issue guiding documents for grassroots implementation of the air defense mission.

Article 27. Responsibilities of People's Committees at all levels

1. Direct and organize the implementation of legal documents on people's air defense in their locality; issue guiding documents, organize the construction of forces, fortifications, air defense positions, and plans for people's air defense, and implement them according to their authority.

2. Allocate local budget funds to carry out people's air defense tasks according to the current budget classification.

3. Coordinate with the Military Region Command or the Ministry of National Defense to plan projects, programs, and development plans for the local economy and society that are integrated with national defense, security, and the people's air defense posture before submitting them to the competent authority for approval.

4. Organize mid-term reviews, final evaluations, and competitions, commendations regarding the implementation of people's air defense tasks.

5. Military agencies at all levels shall be responsible for advising the People's Committee of their level on organizing the construction and ensuring the operation of people's air defense.

Article 28. Responsibilities of the Vietnam Fatherland Front and mass organizations

The Vietnam Fatherland Front and political-social organizations shall be responsible for propagandizing and mobilizing all strata of the population to participate in people's air defense activities in their locality and supervise the results of such activities.

Article 29. Responsibilities of agencies and organizations

1. Implement the directives of the competent authority as prescribed by the law on people's air defense.

2. Direct the construction and implementation of people's air defense plans; organize training, drills, and deployment of people's air defense tasks within their jurisdiction according to the guidance of the local military agency.

3. Ensure funding, material resources, and equipment for the implementation of people's air defense tasks.

4. Coordinate with the Party Committee and local authorities in organizing, operating, and ensuring policies for people's air defense tasks.

Chapter VI

IMPLEMENTING PROVISIONS

Article 30. Effective Date

This Decree takes effect from November 1, 2015, and replaces Government Decree No. 65/2002/NĐ-CP dated July 1, 2002, on people's air defense work.

Article 31. Responsibility for Implementation

1. The Minister of National Defense shall take the lead and coordinate with relevant ministries, bodies to guide the implementation of Articles and Clauses of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of People's Committees at all levels, heads of organizations, and individuals are responsible for implementing this Decree./.