Decree No. 95/2010/NĐ-CP on granting permits and coordinating activities with foreign search and rescue forces in Vietnam

DECREE

Regulations on granting permits and coordinating activities with foreign search and rescue forces in Vietnam

THE GOVERNMENT

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 Maritime Code of Vietnam dated June 14, 2005;

Pursuant to the Civil Aviation Law of Vietnam dated July 29, 2006;

Upon the proposal of the Minister of National Defense,

DECREE:

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

These Decrees stipulate the principles, conditions, procedures for granting permits to foreign search and rescue forces in Vietnam; the responsibilities of agencies, units, organizations, and individuals in issuing permits and coordinating activities with foreign search and rescue forces participating in search and rescue operations in emergency situations caused by natural disasters or accidents occurring on the territory of the Socialist Republic of Vietnam or in search and rescue areas managed by Vietnam.

Article 2. Applicability

These Decrees apply to agencies, units, organizations, and individuals (hereinafter referred to collectively as organizations and individuals) of Vietnam and foreign organizations and individuals related to the issuance of permits and coordination of activities with foreign search and rescue forces on the territory of the Socialist Republic of Vietnam.

Article 3. Application of Law

1. In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions from these Decrees, the provisions of such international treaties shall be applied.

2. The provisions in these Decrees do not affect the obligations and responsibilities of foreign persons, ships, vessels operating in Vietnam's maritime zones, and aircraft operating in Vietnam's airspace and air traffic control areas managed by Vietnam to participate in search and rescue operations as prescribed by Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a party.

Article 4. Definitions

In this Decree, the following terms shall be understood as follows:

1. Granting permission means the act of the competent authority granting permission for foreign search and rescue forces and their equipment to operate in search and rescue activities on the territory of the Socialist Republic of Vietnam or in search and rescue areas managed by Vietnam.

2. Emergency situation requiring the participation of foreign search and rescue forces in search and rescue operations refers to a situation where a disaster caused by natural disasters or accidents occurs on Vietnamese territory necessitating immediate search and rescue measures but exceeding the capacity of domestic search and rescue forces.

3. Vietnam's search and rescue area includes the territory, maritime zones under the sovereignty and sovereign rights of the Socialist Republic of Vietnam, and search and rescue areas managed by Vietnam.

4. Commander-in-Chief of foreign search and rescue forces is the person designated by the competent authority of the state or organization having search and rescue forces and equipment permitted to operate in Vietnam to coordinate activities with Vietnamese search and rescue forces and relevant authorities.

5. Arrival (Kiểm soát tàu bay đến) is the entity providing services including: air traffic control services, flight information services, advisory air navigation services, and alerting services.

Article 5. Responsibilities of the agency in charge of search and rescue operations

The responsibilities of the agency in charge of search and rescue operations are specified as follows:

1. The National Committee for Search and Rescue shall take the lead in mobilizing forces and equipment from ministries, sectors, and localities to cooperate in search and rescue operations in emergency situations involving foreign forces.

2. The Ministry of Defense shall take the lead and coordinate search and rescue operations in restricted areas, military zones; military ships and aircraft in distress.

3. The Ministry of Public Security shall take the lead and coordinate search and rescue operations in restricted areas, important security zones, or civilian aircraft and ships serving security purposes in distress.

4. Air navigation service providers shall take the lead and coordinate search and rescue operations for civil aircraft in distress according to Vietnamese civil aviation laws.

5. The Vietnam Maritime Search and Rescue Coordination Center shall take the lead and coordinate search and rescue operations at sea in Vietnam and in sea search and rescue areas managed by Vietnam.

6. People's Committees of provinces and centrally governed cities shall take the lead in mobilizing local forces and equipment, implementing search and rescue operations within their jurisdiction, and coordinating with foreign forces and equipment according to the directives of the National Committee for Search and Rescue.

Chapter II
PRINCIPLES, CONDITIONS, PROCEDURES

AND THE AGENCY IN CHARGE OF GRANTING PERMISSION

Article 6. Principles for Issuing Permits

1. On the basis of respecting Vietnam's independence, sovereignty, and territorial integrity; in accordance with Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a member.

2. Timely and urgent.

3. Prioritizing and facilitating the process of entry and exit.

4. Clearly stipulating conditions and limits regarding time, space, and areas permitted for search and rescue operations on Vietnamese territory.

Article 7. Conditions for Issuing Permits

Foreign search and rescue forces shall be issued permits to participate in search and rescue operations within the territory of Vietnam when they meet the following conditions:

1. At the request of Vietnam or upon the proposal of an international organization, foreign search and rescue forces will be brought in to participate in search and rescue operations within Vietnam’s search and rescue area.

2. Foreign search and rescue forces must have sufficient capacity in terms of personnel and equipment, suitable for the nature and situation of the search and rescue operation.

3. Compliance with Vietnamese laws and relevant international laws.

4. The issuing authority has the right to refuse or revoke the permit if the foreign search and rescue forces do not meet the conditions specified in Clauses 1, 2, and 3 of this Article or other issues related to security, defense, and health.

Article 8. Procedures for Requesting or Accepting Foreign Search and Rescue Forces to Participate in Search and Rescue Operations

1. Ministries and sectors responsible for state management must immediately propose to the National Committee for Search and Rescue when urgent situations require requesting foreign search and rescue forces or when foreign search and rescue forces propose to participate in search and rescue operations.

2. The content of the proposal includes:

a) The country or international organization that needs to be requested or proposed to bring search and rescue forces and equipment into Vietnam to participate in search and rescue activities;

b) The scope of airspace and time expected for foreign search and rescue forces to conduct search and rescue operations;

c) The forces, equipment, and fields in which foreign search and rescue forces can participate.

3. The National Committee for Search and Rescue reports to the Prime Minister about the proposals from ministries and sectors and promptly informs the Prime Minister's opinion to the Ministry of Foreign Affairs and relevant ministries and sectors for coordination in implementation.

Article 9. Permitting Authorities

1. The Ministry of National Defense is responsible for issuing permits in the following cases:

a) Foreign military ships and boats participating in search and rescue operations at sea in Vietnam;

b) Foreign military aircraft and unmanned aerial vehicles participating in search and rescue operations at sea, on land, in Vietnam's air traffic control zones, or those managed by Vietnam;

c) Foreign search and rescue equipment entering restricted or prohibited areas at sea; landing or taking off at military airports; flying into restricted or dangerous airspace.

2. The Ministry of Transport is responsible for issuing permits in the following cases:

a) Foreign search and rescue equipment not covered under Clause 1 of this Article cooperating in search and rescue operations in Vietnam's territorial waters, ports, and maritime areas;

b) Foreign flights conducting search and rescue operations or providing assistance in Vietnam not covered under Clause 1 of this Article, except for special aircraft carrying guests of the Party and State;

c) Foreign search and rescue forces and equipment not covered under Clause 1 of this Article entering Vietnam via road, rail, or river for search and rescue operations.

3. The Prime Minister decides on issuing permits for foreign search and rescue equipment powered by nuclear energy or transporting radioactive materials.

4. The procedures, formalities; contents, forms of permits for foreign search and rescue forces and equipment to operate in search and rescue activities in Vietnam are specifically regulated by the ministries, sectors, and authorities responsible for issuing permits, in accordance with current laws.

Article 10. Coordination in granting permits

1. Ministry of Foreign Affairs

a) Receive requests from countries and international organizations for permission to allow search and rescue forces and means to enter Vietnam to participate in search and rescue operations, and transfer them to the competent authority to process the permit procedures;

b) Notify the country or international organization whose forces and means have requested to participate in search and rescue operations in Vietnam about the Decision on granting the permit.

Directing and guiding functional agencies to coordinate with the Environmental Crime Prevention Police Force

a) Grant permits for means under its jurisdiction as stipulated in Clause 1, Article 9 of this Decree;

b) Notify the Decision on granting the permit to the Ministry of Public Security, the Ministry of Foreign Affairs, relevant ministries, sectors, and localities for their knowledge and coordination in implementation;

c) Notify the Decision on granting the permit to the National Committee for Search and Rescue for coordination and direction;

d) Participate in providing opinions for relevant ministries and sectors to fulfill their main responsibility in granting permits as prescribed in Article 9 of this Decree.

3. The Ministry of Transport

a) Grant permits for foreign search and rescue means to participate in search and rescue operations as stipulated in Clause 2, Article 9 of this Decree, provided that they have been agreed upon by the Ministry of Defense;

b) Notify the Decision on granting the permit to the Ministry of Foreign Affairs, the Ministry of Defense, the Ministry of Public Security, relevant ministries, sectors, and localities for their knowledge and coordination in implementation;

c) Notify the Decision on granting the permit to the National Committee for Search and Rescue for coordination and direction.

4. Ministry of Public Security

Coordinate in issuing entry and exit visas for foreigners participating in search and rescue operations according to the provisions of the law, when they use search and rescue means already permitted by the competent authority as prescribed in Articles 5 and 9 of this Decree.

5. The Ministry of Information and Communications

Implement the issuance of permits for using frequency and radio wave transmission equipment for foreign search and rescue forces operating in search and rescue activities in Vietnam.

6. National Committee for Search and Rescue

Participate in providing opinions for relevant ministries and sectors to fulfill their main responsibility in granting permits as prescribed in Article 9 of this Decree.

7. Relevant ministries and sectors according to their functions shall promptly coordinate in granting permits for foreign forces and means to carry out search and rescue activities in Vietnam.

Chapter III
REQUIREMENTS AND CONTENT IN COORDINATION BETWEEN VIETNAMESE SEARCH AND RESCUE FORCES AND FOREIGN SEARCH AND RESCUE FORCES

SEARCH AND RESCUE OF VIETNAM WITH DOMESTIC FORCES

SEARCH AND RESCUE WITH FOREIGN FORCES

Article 11. Requirements in coordinating search and rescue operations

In coordinating search and rescue operations with foreign search and rescue forces, agencies and units must implement the following requirements well:

1. Proactively build plans, prepare forces and means ready for response actions in each area, nature of incidents, and situations requiring coordination with foreign search and rescue forces and means.

2. Organize timely receipt and processing of distress information, prioritizing ensuring information for response actions, and reporting promptly to the competent authority.

3. Unify command, closely coordinate, and cooperate tightly between domestic search and rescue forces and means and foreign search and rescue forces when there is a situation.

4. Ensure requirements related to national defense, security, and safety of maritime and air activities.

Article 12. Coordination in marine search and rescue operations

1. In cases where there is no aircraft participating in marine search and rescue operations

a) The Vietnam Maritime Search and Rescue Coordination Center serves as the focal point for coordination in marine search and rescue, informing specific requirements and conditions according to Vietnamese laws and methods of cooperation with foreign search and rescue forces and means when operating in Vietnamese waters;

b) Foreign search and rescue forces and means operating in Vietnamese marine search and rescue operations are responsible for promptly reporting information and reports according to the contents required by the Vietnamese competent authority; carrying out search and rescue tasks under the general coordination of the Vietnamese search and rescue commander at the scene and the Vietnamese competent authority.

2. In cases where foreign aircraft participate in marine search and rescue operations

a) The National Committee for Search and Rescue directs the Vietnam Maritime Search and Rescue Coordination Center to develop a plan and determine the search flight area, deploy it to the air navigation service provider, and notify the plan to the National Air Traffic Management Center;

b) The commander of the foreign aircraft participating in search and rescue operations must immediately report the results of observation and search flights to the air navigation service provider, the air search and rescue service provider, and the Vietnam Maritime Search and Rescue Coordination Center;

c) The marine search and rescue commander with aircraft participation is undertaken by the on-site search and rescue commander;

d) Search and rescue forces must coordinate with the Vietnam Maritime Search and Rescue Coordination Center to unify the coordination plan among air and maritime search and rescue forces and means.

Article 13. Coordination in Search and Rescue Activities on Land

1. In cases where there are no foreign aircraft participating in search and rescue operations

a) The On-site Search and Rescue Command Center shall be the coordinating body with foreign search and rescue forces, responsible for stipulating measures for search and rescue activities;

b) Provincial People's Committees under the direct jurisdiction of the Central Government shall take the lead in using local forces and means to coordinate with foreign search and rescue forces according to the unified direction of the On-site Search and Rescue Command Center;

c) Foreign search and rescue forces operating within the territory of Vietnam shall have the responsibility to promptly provide information and reports in accordance with the requirements of Vietnamese competent authorities; carry out search and rescue tasks under the overall coordination of the on-site search and rescue commander.

2. In cases where there are foreign aircraft participating in search and rescue operations

a) The National Committee for Search and Rescue shall take the lead and coordinate with relevant ministries and sectors to determine the search flight area, instruct the National Air Traffic Management Center to develop a search flight plan, and coordinate with air navigation service providers to cooperate with foreign aerial search and rescue forces in search and rescue activities over Vietnamese territory;

b) The National Air Traffic Management Center shall promptly inform foreign search and rescue forces about the terrain conditions, weather, and other factors affecting flight activities so that they can conduct search and rescue flights;

c) The commander of the aircraft participating in search and rescue operations shall be directed by the on-site commander from the On-site Search and Rescue Command Center, implemented through the air traffic control agency and air traffic services;

d) The commander of foreign aircraft participating in search and rescue operations must promptly report the results of observation and search flights to the air navigation service provider, the air search and rescue service provider, and the National Committee for Search and Rescue.

Article 14. Coordination in Management, Inspection, and Supervision

1. The Ministry of National Defense shall direct functional forces under its jurisdiction to supervise, inspect, and control foreign search and rescue forces and means during their search and rescue operations according to the issued permits.

2. The Ministry of Transport shall direct functional forces under its jurisdiction to supervise, inspect, and control foreign search and rescue forces and means according to the issued permits.

3. The Ministry of Public Security, the Ministry of Health, the Ministry of Finance, and other relevant ministries and sectors shall have the responsibility to inspect and supervise foreign search and rescue forces and means when operating in Vietnam, according to the functions of their respective ministries and sectors.

Article 15. Responsibilities of Foreign Search and Rescue Forces in Coordination

When conducting search and rescue operations in Vietnam, foreign search and rescue forces shall have the responsibility to:

1. Designate their own Search and Rescue Commander in Vietnam and notify the Vietnamese competent authority for search and rescue to coordinate management and implementation of search and rescue operations until completion;

2. Comply with the overall coordination of the Vietnamese On-Site Commander, implement Vietnamese laws and regulations and directives of Vietnamese competent authorities;

3. Be subject to inspection, supervision, and monitoring by Vietnamese competent agencies; at the same time, they have the responsibility to promptly provide information and reports in accordance with the content and requirements of Vietnamese competent authorities;

4. Raw materials, materials, and emergency relief supplies brought into Vietnam must be inspected and appraised; distribution must be coordinated according to the directives of Vietnamese competent authorities.

Chapter IV
RESPONSIBILITIES OF MINISTRIES, SECTORS AND LOCAL AUTHORITIES IN PREVENTING AND COMBATING CRIMES AND OTHER LAW VIOLATIONS USING HIGH TECHNOLOGY

IN COORDINATION OF SEARCH AND RESCUE ACTIVITIES

WITH FOREIGN FORCES

Article 16. National Committee for Search and Rescue

1. Take the lead and coordinate with the Ministries of National Defense, Transport, Foreign Affairs, and other relevant ministries and sectors in issuing permits and coordinating activities with foreign search and rescue forces on Vietnamese territory.

2. In cases where it is necessary to deploy Vietnamese forces and means to conduct search and rescue operations in areas sharing borders with other countries or overlapping zones not yet delineated, the National Committee for Search and Rescue shall take the lead and coordinate with the Ministry of Foreign Affairs and other relevant ministries and sectors to request such countries to cooperate promptly in search and rescue operations.

3. Compile and report to the Prime Minister on the coordination activities with foreign forces and means participating in search and rescue operations on Vietnamese territory or in search and rescue zones managed by Vietnam.

Article 17. Ministry of National Defense

1. Take the lead in issuing permits as stipulated in Clause 1, Article 9 of this Decree, direct military agencies and units responsible for leading search and rescue operations in the area to coordinate with foreign search and rescue forces and means when there is a situation requiring such coordination.

2. Participate with agencies responsible for issuing permits as stipulated in Article 9 of this Decree in issuing permits and coordinating activities with foreign search and rescue forces and means operating on Vietnamese territory.

3. Develop plans for the combined use of military forces and means in performing tasks and conducting inspections and controls when foreign search and rescue forces and means operate on Vietnamese territory.

4. Mobilize military forces and means to participate in search and rescue operations and coordinate with foreign search and rescue forces and means to carry out search and rescue operations on Vietnamese territory when required by the National Committee for Search and Rescue.

Article 18. Ministry of Transport

1. Take the lead in issuing permits as stipulated in Clause 2, Article 9 of this Decree and direct specialized agencies to coordinate with foreign search and rescue forces and means in conducting search and rescue operations in Vietnam.

2. Announce the frequencies (channels) of the Vietnam Coastal Radio Station's distress and safety communication system, and methods of communication with search and rescue centers and stations for foreign search and rescue forces operating in Vietnamese waters.

3. Coordinate with the National Committee for Search and Rescue and centrally-administered cities and provinces to develop and implement plans for the combined use of maritime and air forces and means under the Ministry with foreign search and rescue forces and means when they enter Vietnam for search and rescue operations.

4. Direct the Vietnam Highway Administration, Vietnam Railway Administration, and Vietnam Inland Waterways Administration to guide and facilitate the entry of foreign search and rescue forces and means through land border gates.

Article 19. Ministry of Foreign Affairs

1. Coordinate with the National Committee for Search and Rescue and relevant ministries and sectors to handle diplomatic procedures when foreign search and rescue forces and means enter Vietnam for search and rescue operations.

2. Take the lead and coordinate with relevant ministries and sectors to resolve diplomatic and consular issues arising from the operation of foreign search and rescue forces and means in Vietnam according to this Decree.

Article 20. Ministry of Public Security

1. Coordinate with relevant ministries and sectors in issuing entry and exit visas for foreigners entering Vietnam via search and rescue means as stipulated in Articles 9 and 10 of this Decree.

2. Develop plans to combine domestic forces and means with foreign search and rescue forces and means participating in search and rescue operations when disasters occur within the jurisdiction of the Ministry of Public Security.

3. Coordinate with other forces to ensure security and social order when foreign forces and means participate in search and rescue operations in Vietnam.

Article 21. Ministry of Finance

Implement customs procedures for entry and exit for foreign search and rescue means operating in search and rescue activities in Vietnam according to the principles set forth in Article 6 of this Decree.

Article 22. Ministry of Health

Conduct health quarantine for personnel, equipment, materials, and goods of foreign forces upon their entry into Vietnam for search and rescue and relief operations as prescribed by law.

Article 23. Ministry of Information and Communications

Take the lead in granting permits and setting frequencies and power levels to ensure non-interference and electromagnetic compatibility with existing Vietnamese radio devices, as stipulated in Government Decree No. 187/2007/NĐ-CP dated December 25, 2007 on the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications.

Article 24. Relevant Ministries and Sectors

1. Coordinate with relevant ministries and sectors in granting permits and participating in, coordinating search and rescue operations on Vietnamese territory when foreign search and rescue forces and means are active.

2. Direct subordinate agencies and units under ministries and sectors operating in localities to review forces and means capable of participating in search and rescue operations and report to the National Search and Rescue Committee for inclusion in mobilization plans when foreign search and rescue forces and means participate.

3. Develop plans to combine domestic forces and means with foreign search and rescue forces and means participating in search and rescue operations when disasters occur within the sectors managed by ministries and sectors.

Article 25. People's Committees of Provinces and Cities under Central Governance

1. Develop mobilization plans for local forces and means, and central agencies' forces and means operating in the locality to coordinate with foreign search and rescue forces and means participating in search and rescue operations within their jurisdiction.

2. Lead and coordinate with central agencies at the locality level to participate and coordinate with foreign search and rescue forces and means operating in search and rescue operations within their jurisdiction.

3. Direct local functional forces to coordinate with relevant ministries and sectors to handle procedures, inspections, and controls, and participate in coordinating search and rescue operations when foreign search and rescue forces and means operate within their jurisdiction.

Chapter V
IMPLEMENTING PROVISIONS

Article 26. Effective date

This Decree takes effect from November 1, 2010. Previous regulations contrary to this Decree are abolished.

Article 27. Responsibility for Implementation

The Ministry of Defense, ministries and sectors, People's Committees of provinces and cities under central governance, related agencies, organizations, and individuals are responsible for implementing and organizing the execution of this Decree./.