Decision No. 76/2009/QĐ-TTg On Reorganizing the National Committee for Search and Rescue and the Search and Rescue System of Central Ministries, Agencies, and Localities

Pursuant to …;

Regarding the establishment and improvement of the National Committee for Search and Rescue and the search and rescue organization system of central ministries and localities

_______________________

PRIME MINISTER

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

Pursuant to Decision No. 46/2006/QĐ-TTg dated February 28, 2006 of the Government approving the Master Plan for the Search and Rescue Sector until 2015 with a vision to 2020;

Pursuant to Decision No. 34/2007/QĐ-TTg dated March 12, 2007 of the Prime Minister on the issuance of the Regulation on the establishment, organization, and operation of inter-ministerial coordination organizations;

Upon the proposal of the Minister of Home Affairs and the Chairman of the National Committee for Search and Rescue,

DECISION:

Article 1. Position and functions of the National Committee for Search and Rescue

1. The National Committee for Search and Rescue is an inter-ministerial coordinating body, having the function of assisting the Prime Minister in directing and organizing the coordination to implement search and rescue operations throughout the country and regional and international cooperation; directly directing the Search and Rescue Steering Committees of ministries, sectors, localities, and specialized units to carry out search and rescue operations according to the law.

2. The National Committee for Search and Rescue has a seal in the shape of the State Emblem; it is a budgetary unit at level II and has its own account.

Article 2. Tasks and powers of the National Committee for Search and Rescue

1. Assist the Prime Minister in directing ministries, sectors, and localities to build strategies, master plans, long-term plans, five-year plans, annual plans, and important projects and programs in the field of search and rescue. Direct the implementation of these strategies, master plans, plans, projects, and programs after they have been approved.

2. Coordinate with ministries, sectors, and localities to direct and approve the construction and inspection of plans and schemes for preparing forces and means and organizing search and rescue activities, disaster response, and emergencies within their jurisdiction according to the law.

3. Direct, mobilize, and coordinate the forces and means of ministries, sectors, and localities to participate in search and rescue operations nationwide in cases of large-scale natural disasters and emergencies. Recommend to the Prime Minister for consideration and decision on participation and cooperation in regional and international search and rescue activities when issues exceed authority.

4. Issue guiding documents for search and rescue operations within its authority and coordinate the organization of implementation, inspect compliance with regulations on search and rescue operations according to the law.

5. Direct the organization and building of specialized and part-time search and rescue forces throughout the country.

6. Direct ministries, sectors, and localities to organize training, drills, and exercises for search and rescue, disaster response, and emergencies; provide professional training and instruction for staff involved in search and rescue work at ministries, sectors, and localities.

7. Coordinate with relevant agencies to fulfill tasks related to information dissemination and propaganda serving search and rescue operations.

8. Coordinate with relevant agencies to research and apply science and technology to serve search and rescue operations.

9. Take the lead and coordinate with relevant agencies to organize the implementation of the International Convention on Maritime Search and Rescue (SAR 79) and international and regional commitments and cooperation on search and rescue and oil spill response according to the law.

10. Coordinate with the Ministry of Finance and the Ministry of Planning and Investment to develop plans for purchasing national reserve search and rescue equipment; organize procurement and storage in areas ensuring readiness for relief, rescue, and international assistance according to the Prime Minister's decision.

11. Lead and direct ministries, sectors, and localities to implement the issuance, management, use, preservation, maintenance, disposal, and handling of search and rescue equipment and means according to the Regulations on the Management of Search and Rescue Equipment issued by Decision No. 124/2007/QĐ-TTg dated July 31, 2007 of the Prime Minister.

12. Participate in reviewing master plans, plans, and key investment projects of ministries, sectors, and localities related to the search and rescue sector upon the request of the Prime Minister. Manage investment and construction projects within its authority according to the law.

13. Develop the annual budget of the National Committee for Search and Rescue; coordinate with the Ministry of Finance and the Ministry of Planning and Investment to consolidate revenue and expenditure budgets in the search and rescue sector; manage and use the budget, assets assigned, and other financial resources according to the law.

14. Urge ministries, sectors, and localities to implement regular and ad hoc reporting systems on search and rescue situations, disaster response, and emergencies; report to the Prime Minister and competent state agencies according to the law; conduct mid-term and final reviews, commendations, and rewards for search and rescue work.

15. Perform other tasks and powers assigned by the Prime Minister or stipulated by law.

Article 3. Responsibilities of the National Committee for Search and Rescue in responding to certain basic situations

1. Coordinate with the Central Steering Committee for Flood and Storm Control, the Ministry of Agriculture and Rural Development, the Ministry of National Defense, the Ministry of Public Security, relevant agencies, and localities to organize responses to typhoons, low pressure systems, floods, tsunamis, flash floods, and breaches of dikes, reservoirs, and dams.

2. Coordinate with the Central Steering Committee for Forest Fire Prevention and Control, the Ministry of Agriculture and Rural Development, relevant agencies, and localities to organize responses when forest fires occur.

3. Coordinate with the Ministry of Public Security, relevant agencies, and localities to organize responses when large-scale fires occur in urban areas, industrial zones, and residential areas.

4. Lead and coordinate with the Ministries of National Defense, Agriculture and Rural Development, Industry and Trade, Natural Resources and Environment, Health, relevant agencies, and localities to organize search and rescue operations when earthquakes, tsunamis, collapses of high-rise buildings, and mining tunnels occur.

5. Direct regional oil spill response centers, the Ministry of National Defense, the Ministry of Industry and Trade, the Ministry of Public Security, relevant agencies, and localities to organize responses and handle oil spills.

6. Coordinate with the Ministry of Natural Resources and Environment, the Ministry of Industry and Trade, the Ministry of National Defense, the Ministry of Health, and related units to respond to and handle hazardous chemical leaks and dispersion.

7. Lead and coordinate with the Ministry of National Defense, the Ministry of Transport, relevant agencies, and localities to organize search and rescue operations when air accidents occur on Vietnamese territory.

8. Lead and coordinate with the Ministry of National Defense, the Ministry of Transport, the Ministry of Agriculture and Rural Development, the Ministry of Foreign Affairs, relevant agencies, and localities to organize search and rescue operations in the event of maritime vessel accidents.

9. Coordinate with the Vietnam Oil and Gas Group, the Ministry of Industry and Trade, the Ministry of National Defense, the Ministry of Public Security, and relevant agencies to respond to oil rig fires, gas pipeline leaks, petrochemical plant incidents, and gas-fired power plant accidents.

10. Coordinate with the Ministry of Transport, the Ministry of Public Security, the Ministry of Health, and relevant agencies to organize rescue operations for severe road, rail, river, and tunnel traffic accidents.

11. Coordinate with the Ministry of Science and Technology, the Ministry of National Defense, the Ministry of Public Security, the Ministry of Health, the Ministry of Industry and Trade, and relevant agencies to respond to nuclear radiation leaks.

Article 4. Members of the National Committee for Search and Rescue

1. Chairman: Deputy Prime Minister.

2. Vice Chairmen:

- One Deputy Minister of National Defense or Deputy Chief of General Staff of the Vietnam People's Army, serving as the permanent Vice Chairman;

- One Deputy Minister of Public Security;

- One Deputy Minister of Transport;

- One Deputy Minister of Agriculture and Rural Development;

- One Deputy Director of the Government Office.

3. Members:

- One Deputy Minister of Industry and Trade;

- One Deputy Minister of Natural Resources and Environment;

- One Deputy Minister of Health;

- One Deputy Minister of Foreign Affairs;

- One Deputy Minister of Science and Technology;

- One Deputy Minister of Information and Communications;

- One Deputy Minister of Construction;

- One Deputy Minister of Education and Training;

- One Deputy Minister of Finance;

- One Deputy Minister of Planning and Investment;

- One Deputy Minister of Labor, Invalids and Social Affairs;

- One Deputy Director General of Vietnam Television;

- One Deputy Director General of Voice of Vietnam Radio;

- The Secretary of the National Committee for Search and Rescue, serving as a permanent member.

Members of the National Committee for Search and Rescue work on a part-time basis. The Chairman and the permanent Vice Chairman of the National Committee for Search and Rescue are appointed by the Prime Minister. Heads of agencies specified in Article 4 of this Decision shall appoint representatives to participate in the National Committee for Search and Rescue for the Chairman of the National Committee for Search and Rescue to compile and report to the Prime Minister.

The Chairman of the National Committee for Search and Rescue issues the Working Regulations of the National Committee for Search and Rescue; stipulates the management mechanism, information and reporting system, and relationships between the National Committee for Search and Rescue and the Search and Rescue Steering Committees of ministries, sectors, and localities to ensure close coordination and unified direction from central to local levels.

Article 5. Standing body and supporting agencies of the National Committee for Search and Rescue

1. The Ministry of National Defense shall be the standing body of the National Committee for Search and Rescue, responsible for ensuring the operational conditions of the National Committee for Search and Rescue and using its own apparatus to organize the implementation of the tasks of the National Committee for Search and Rescue.

2. The supporting agency for the work of the National Committee for Search and Rescue is the Office of the National Committee for Search and Rescue located within the Ministry of National Defense. The Office of the National Committee for Search and Rescue has legal personality, its own seal and separate account; functions; tasks, organizational structure and staffing are decided by the Minister of National Defense.

Article 6. System of organizations directing search and rescue operations of central ministries and local authorities

1. Central Ministries and Sectors:

a) Establish and improve the Search and Rescue Steering Committee at the ministries and sectors: National Defense, Public Security, Transport, Industry and Trade, Health, Agriculture and Rural Development, Natural Resources and Environment, Science and Technology, Vietnam National Oil and Gas Group;

The Search and Rescue Steering Committees of the ministries and sectors operate on a part-time basis, subject to direct guidance in the field of search and rescue by the National Committee for Search and Rescue. Each Steering Committee is headed by a leader from the respective ministry or sector. To ensure centralized and effective guidance, these Steering Committees may also undertake part-time duties related to flood prevention and control, forest fire prevention and control, and other tasks related to the field of search and rescue.

b) The heads of the ministries and sectors mentioned in point a, Clause 1 of this Article shall decide on the establishment, improvement, define the functions, tasks, powers, and organizational structures of the Search and Rescue Steering Committee of their respective ministries or sectors. Based on the requirements of the tasks and the operational areas, they shall decide on the establishment of part-time Search and Rescue Steering Committees of subordinate units.

2. Localities:

a) Establish and improve the Search and Rescue Command Post under the People's Committees of provinces and centrally-administered cities (referred to collectively as provincial level). To ensure centralized and effective guidance, this Command Post may also undertake part-time duties related to flood prevention and control, forest fire prevention and control, and other tasks related to the field of search and rescue;

The provincial-level Search and Rescue Command Post operates on a part-time basis, subject to guidance in the field of search and rescue by the National Committee for Search and Rescue. The provincial-level Search and Rescue Command Post is headed by a leader from the provincial People's Committee.

b) The Chairman of the provincial People's Committee decides on the establishment, improvement, defines the functions, tasks, powers, and organizational structures of the Search and Rescue Command Post under his/her jurisdiction; directs the establishment and improvement of Search and Rescue Command Posts at districts, counties, towns, cities within the province; communes, wards, towns within the district.

3. Any merger or reorganization of the Search and Rescue Steering Committees of ministries and sectors, and provincial-level Search and Rescue Command Posts mentioned in Clauses 1 and 2 of this Article must be coordinated with the National Committee for Search and Rescue and reported to the Prime Minister before considering and deciding to ensure consistency in the organization and operation of search and rescue activities.

Article 7. Specialized and concurrent units performing search and rescue tasks at some central ministries and sectors

1. Specialized units

a) Ministry of National Defense:

- The Search and Rescue Agency (Office of the National Committee for Search and Rescue);

- The National Training Center for Air Search and Rescue;

- The National Training Center for Maritime Search and Rescue;

- The Northern Region Oil Spill Response Center;

- The Central Region Oil Spill Response Center.

b) Ministry of Public Security:

- Units of the Fire Prevention and Fighting Police Force.

c) Ministry of Transport:

- The Vietnam Marine Search and Rescue Coordination Center and regional Marine Search and Rescue Coordination Centers;

- Air Search and Rescue Coordination Centers under the Vietnam Civil Aviation Authority Corporation;

- Airport Emergency Medical Centers under the Regional Civil Aviation Port Corporations;

- Railway Accident and Disaster Response Centers under the Vietnam Railway Corporation and regional Railway Accident and Disaster Response Centers.

d) Vietnam National Oil and Gas Group:

The Southern Region Oil Spill Response Center.

đ) Vietnam National Coal-Mineral Industries Group:

The Mine Emergency Center.

2. Concurrent units

a) Ministry of National Defense:

- Search and Rescue Stations on some island districts: Coto (Quang Ninh), Bai Long Vi (Haiphong), Con Co (Quang Tri), Ly Son (Quang Ngai), Truong Sa (Khanh Hoa), Phu Quy (Binh Thuan), Con Dao (Ba Ria-Vung Tau), Tho Chu, Phu Quoc (Kien Giang);

- Engineering Search and Rescue Battalions and Building Collapse Rescue Battalions;

- Chemical, Biological, Radiological and Nuclear Incident Response Teams;

- Disaster Medical Assistance Teams;

- Air Search and Rescue Flight Teams;

- Maritime Search and Rescue Vessel Teams;

b) Ministry of Public Security:

- Units of the Traffic Police Force;

- Units of the Judicial Protection and Support Police Force.

c) Ministry of Transport:

Vietnam Road Search and Rescue Coordination Centers.

3. Heads of the above-mentioned ministries and sectors and other ministries and sectors specified in point a, Clause 1, Article 6 of this Decision shall decide on the establishment, improvement, functions, tasks, and organizational structure of specialized and concurrent units performing search and rescue tasks within their respective fields according to the provisions of the law and management delegation levels, after reaching consensus with the National Committee for Search and Rescue.

Article 8. Financial resources guarantee

1. For search and rescue activities, disaster response, and relief operations:

a) State budget (central and local budgets) as prescribed by law;

b) Support and aid from governments of foreign countries, organizations, and individuals abroad, and voluntary contributions from domestic organizations and individuals for search and rescue activities;

c) Revenue from service contracts, insurance agencies, organizations, and individuals as prescribed by law.

2. For rescue activities:

Organizations and individuals rescued have the responsibility to promptly pay all reasonable and legitimate direct costs incurred for the organizations and individuals directly participating in rescue operations as prescribed by law, except in cases stipulated in Clause 3, Article 4 of Decree No. 118/2008/QD-TTg dated August 27, 2008 issued by the Prime Minister on financial management regulations for search and rescue, rescue, disaster response, and relief operations.

3. The State encourages organizations and individuals to voluntarily contribute funds, manpower, equipment, and assets to participate in search and rescue activities.

Article 9. Effectiveness and Responsibility for Enforcement

1. This Decision takes effect from July 1, 2009, replacing Decree No. 63/2000/QD-TTg dated June 7, 2000 of the Government on renaming and supplementing the tasks of the National Committee for Search and Rescue. Previous regulations contrary to this Decision are abolished.

2. The Minister of Home Affairs, Chairman of the National Committee for Search and Rescue, Ministers, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairmen of Provincial People's Committees, and Chairmen of Municipal People's Committees directly under the Central Government are responsible for implementing this Decision./.