Nghị định 30/2017/NĐ-CP về ứng phó sự cố, thiên tai, cứu nạn

THE GOVERNMENT 

Decree No. 30/2017/ND-CP dated March 21, 2017 of the Government on regulations on response to emergency, acts of god and search and rescue

Pursuant to the Law on Government organization dated June 19, 2015;

Pursuant to the Law on Acts of God Prevention and Control dated June 19, 2013;

Upon request of the Minister of National Defense;

The Government hereby issues this Decree stipulating the regulation on response to emergency, acts of god and search and rescue.

Chapter I

GENERAL PROVISION

Article 1. Scope of adjustment

This Decree stipulates the regulation on response to emergency, acts of god and search and rescue, including: Emergency response organizations; emergency response education, training and rehearsal; budget and budget allocation for emergency response; accoutrements and clothing, responsibilities for emergency response, search and rescue of Ministries, ministerial-level agencies, governmental agencies, People’s Committees of all levels, social-political organizations and economic organizations.

Article 2.Subjects of application

This Decree applies to Vietnamese and foreign entities engaging in emergency response, search and rescue (SAR) in Vietnam and within SAR regions.

Article 3. Interpretation

For the purpose of this Decree, terms herein shall be construed as follows:

1.Basic emergency event and Act of God is any event caused by the nature or human beings which may threaten life and property and cause pollution to which an appropriate mitigation measure should be promptly taken (hereinafter referred to as “emergency event”). Including:

a) Maritime accidents;

b) Oil spill;

c) Explosion of oil and gas pipelines and drilling rigs;

d) Conflagration that destroys high-rise building, urban complexes, industrial zones and residential areas;

dd) Collapse of construction works, high-rise building and mineral mines;

e) Nuclear and radiation accidents, toxic chemical release and dispersion;

g) Earthquake and tsunami;

h) Severe traffic accidents on roads, railways and inland waterways

i) Aviation accidents within Vietnam’s territory;

k) Breakdown of dykes and dams and flood discharge;

l) Forest conflagration; and

m) Storms, tropical depression, floods, inundation, land slide and other natural disasters.

 2. Emergency response and search and rescue (SAR) refers to appropriate and necessary measures for searching and rescuing victims and property, and protecting the environment in the vicinity of the area where emergency events occur to minimize the damage.<0}

3. Search is positioning of victims or damaged property by using human resources and necessary accoutrements.

4. Rescue is an act of saving victims from any danger by providing primary healthcare and evacuating victims to safe places.

5. Salvage is an act of saving property from danger or any provision of aids to save assets under an agreement.

6.Establishment is any factory, plants, working office, hospital, school, theater, hotel, market, shopping mall, garrison and other construction works within a commune and/or town.

Article 4. Principles for emergency response and SAR

1. Promptly notify the emergency event and SAR information to the local government where such emergency event and SAR occur and its governing body.

2.Be active and have human resources and facilities available for emergency response; mobilize citizens, emergency response teams and SAR teams. Enhance the civil capacity in emergency response and SAR whereby the armed forces play an essential role.

3.Effectively apply “4 points on the spot response” guidelines. The order of priority for rescue and salvage is as follows: life, property and environment protection.

4.Provide synchronous instructions and closely cooperate with emergency response and SAR teams during the process of emergency response and SAR.

5.Ensure the safety of emergency response and SAR teams, facilities, and safety of establishments operating within the emergency response and SAR regions; minimize the incidents caused by emergency response and SAR activities.

Chapter II

SYSTEMATIZATION OF EMERGENCY RESPONSE AND SAR ORGANIZATIONS AT ALL LEVELS

Article 5. Emergency response and SAR organizations

1.The national level: the National Search and Rescue Committee.

2.The ministerial level: the Steering Committee for Search and Rescue

3.the local level: Steering Committees for Search and Rescue at all levels (provincial, district, communal levels)

4.Specialized authorities:

The Ministry of National Defense:

The Department of Rescue and Salvage

The National Center for Aeronautical Search and Rescue;

The National Center for Maritime Search and Rescue;

The National emergency response and SAR training center;

Northern Oil Spill Response Centers;

Central Oil Spill Response Centers;

Search and rescue dog training centers.

b) The Ministry of Public Security:

Agencies of the Vietnam Fire and Rescue Department.

c) The Ministry of Transport:

Vietnam Maritime Search and Rescue Coordination Center affiliated to the Vietnam Maritime Administration and Maritime Search and Rescue Coordination Centers;

Aeronautical Search and Rescue Coordination Centers affiliated to the Vietnam Air Traffic Management Corporation;

Vietnam Airport Emergency Coordination Centers;

d) The Ministry of Industry and Trade:

Southern oil spill response center/Petro Vietnam;

Mine Emergency Response Command Centers/ Vinacomin

5.Cooperating agencies

a) The Ministry of National Defense:

Search and Response Coordination stations in Co To (Quang Ninh province), Bach Long Vi (Hai Phong province), Con Co (Quang Tri province), Ly Son (Quang Ngai province), Truong Sa (Khanh Hoa), Phu Quy (Binh Thuan), Con Dao (Ba Ria – Vung tau), Tho Chu (Kien Giang), Hon Khoai (Ca Mau) and Song Tu Tay (Khanh Hoa province);

Centers for emergency response to chemical, biological. radiation and nuclear incidents in the North, South and Central Vietnam;

Units providing humanitarian aids and disaster relief; Rescue teams, environmental remediation teams; Army medical forces, search and rescue dog training teams and maritime search and rescue teams;

Engineer battalions participating in search and rescue;

Teams in charge of emergency response to chemical, biological, radiation and nuclear incidents;

Aeronautical search and rescue flight crews;

Mobile communication teams;

b) The Ministry of Public Security:

Traffic polices and mobile polices;

Search and rescue dog training centers.

c) The Ministry of Health:

Emergency center 115 and emergency rooms in hospitals.

6.Voluntary and cooperating agencies

a) The Red Cross;

b) Non-governmental organizations, social and voluntary organizations.

Article 6. Organizational structures, the authority, functions, rights and obligations of the National Search and Rescue Committee

1.Organizational structure:
a) The Deputy Minister as the Chairman of the National Search and Rescue Committee.

b) A head of the Ministry of National Defense or Deputy Advisor of Vietnam People s Army and a Deputy Standing president as the Deputy Chairman;

01 Deputy Director of the Office of the Government;

01 head of the Ministry of Public Security;

A head of the Ministry of Transport;

A head of the Ministry of Agriculture and Rural; and.

c) The heads of the Ministry of Industry and Trade, the Ministry of Natural Resources and Environment, the Ministry of Health, the Ministry of Construction, the Ministry of Science and Technology, Ministry of Information and Communications, Ministry of Education and Training, the Ministry of Home Affairs, the Ministry of Finance, Ministry of Planning and Investment, the Ministry of Foreign Affairs, the Ministry of Labor, War Invalids and Social Affairs, Vietnam Television and the Voice of Vietnam as member

d) Members of the National Search and Rescue Committee shall concurrently hold multiple positions;

dd) The Chairman and Deputy Chairman of the National Search and Rescue Committee shall be appointed by the Prime Minister;

e) The heads of authorities specified in Article 6 hereof shall appoint officials as member of the National Search and Rescue Committee and inform the Chairman of the National Search and Rescue Committee to approve and report to the Prime Minister.

2.Position and functions

a) The National Search and Rescue Committee is an inter-sectoral cooperating authority which assists the Prime Minister in emergency response and SAR nationwide, and regional and international cooperation, and directly instruct the Search and Rescue Committees at all levels and specialized authorities to take measures for emergency response and SAR;

b) The National Search and Rescue Committee has its legal status and its own seal with a national emblem and shall be entitled to register accounts at the State Treasuries and banks under provisions of laws.

3.Rights and obligations

a) Assist the Government and the Prime Minister in provisions of instructions on development of annual and 5-year emergency response plans, strategies, planning and relevant projects. Provide instructions on implementation of approved strategies, plans and projects;

b) Provide instructions on organization and development emergency response and SAR teams nationwide;

c) Direct specialized authorities at all levels to collect data, study and assess domestic and international situation related to emergency response and rescue, ensure watch-keeping by Search and Rescue Committees at all levels;

d) Provide instructions, mobilize and coordinate resources for emergency response and SAR nationwide in case conflagration, serious Acts of God and incidents occur on a large scale. Request the Prime Minister to review and approve to participate in and coordinate regional and international cooperation in emergency response and SAR where it is beyond the authority. In case an emergency event occurs, the National Search and Rescue Committee shall:

-Direct the Ministry of Transport, Ministry of National Defense, People’s Committee of provinces and relevant authorities to take measures for salvage of maritime accidents;

-Direct the Ministry of National Defense, Ministry of Industry and Trade, Ministry of Natural Resources and Environment, People s Committees of provinces and relevant authorities to take measures against oil spill;

-Direct the Ministry of Industry and Trade, Ministry of National Defense, Ministry of Public Security, People s Committees of provinces and relevant authorities to take measures against explosion of oil and gas pipelines and drilling rigs;

-Direct the Ministry of Public Security, Ministry of National Defense, People’s Committees of provinces and relevant authorities to take measures against conflagration of high-rise buildings, urban complexes, industrial zones and residential areas;

-Direct the Ministry of Construction, Ministry of Industry and Trade, Ministry of Transport, Ministry of Public Security, People’s Committees of provinces and relevant authorities to respond to collapse of high-rise buildings, construction works and mines;

-Direct the Ministry of Science and Technology, Ministry of National Defense, Ministry of Industry and Trade, Ministry of Public Security , Ministry of Natural Resources and Environment, People’s Committees of provinces and relevant authorities to take measure against radiation leakage, nuclear radiation and dispersion of toxic chemicals;

-Direct the Ministry of National Defense, Ministry of Transport, Ministry of Natural Resources and Environment, Ministry of Science and Technology, Ministry of Public Security , Vietnam Academy of Science and Technology, People’s Committees of provinces and relevant authorities to take measures against tsunami and earthquake;

-Take charge of and cooperate with the National Traffic Safety Committee in provision of instructions on response to severe traffic accidents on roads, railways and inland waterways for the Ministry of Transport, Ministry of Public Security, Ministry of National Defense, Ministry of Health, People’s Committees of provinces and relevant authorities;

-Take charge of and cooperate with the National Civil Aviation Security Committee in provision of instructions on response to aeronautical incidents for the Ministry of Transport, Ministry of National Defense , Ministry of Public Security, People’s Committees of provinces and relevant authorities;

-Cooperate with the National Steering Committee for National Disaster Prevention and Control in provision of instructions on response to breach of dykes, dams and flood discharge for the Ministry of Agriculture and Rural Development, Ministry of National Defense, Ministry of Public Security, Ministry of Industry and Trade , Ministry of Natural Resources and Environment, People s Committees of provinces and relevant authorities.

-Cooperate with the Central Steering Committee for forest protection and firefighting in provision of instructions on the Ministry of Agriculture and Rural Development, Ministry of National Defense, Ministry of Public Security, People’s Committees of provinces and relevant authorities in response to forest conflagration;

-Cooperate with the Central Steering Committee for Natural Disaster Prevention and Control in provision of instructions on response to storms, flood, landslide and other Acts of God for the Ministry of Agriculture and Rural Development, Ministry of National Defense, Ministry of Public Security, the Ministry of Transport , Ministry of Natural Resources and Environment , the Ministry of Foreign Affairs , People’s Committees of provinces and relevant authorities.

dd) Consolidate the annual estimated budget for emergency response and SAR; cooperate with the Ministry of Finance and Ministry of Planning and Investment in preparation and consolidation of spending and revenues within the management; manage implementation organizations and finalize the State budget for emergency response and SAR; perform other duties related to the State budget and finance in accordance with provisions of laws;

e) Cooperate with the Ministry of Finance and relevant Ministries in preparation of the plan for procurement of goods for emergency response and SAR and submit such plan to the competent authority for approval under the Law on National Reserve;

g) Cooperate with the Ministry of Planning and Investment in assessment of fundamental construction projects and procurement plans related to emergency response and SAR. Manage the procurement of essential and specialized equipment and construction projects within the authority;

h) Cooperate with regulatory authorities to:

- Study and prepare nationwide emergency response and SAR master plans and submit such plans to the Government and Prime Minister;

- Provide training, education and rehearsal for operation of emergency response equipment, emergency response and SAR plans for specialized teams; direct officials to develop education and training programs under the Government’s regulations;

-Develop and implement plans for technology research and application to emergency response and SAR; cooperate with relevant authorities in management of scientific research and mobilize scientific resources for the purposes of emergency response and SAR;

-Manage foreign affairs in emergency response and SAR; request the Government and Prime Minister to join international agreements and ratify projects in the field of emergency response and SAR, provide instructions on implementation of approved projects. Negotiate, sign and implement international agreements on cooperation in emergency response and SAR under provisions of laws;

-Disseminate laws and information related emergency response and SAR;

-License, manage and supervise related activities and cooperate with foreign search and rescue teams in Vietnam in accordance with provisions of laws;

-Dispense, manage, use and maintain emergency response and SAR accoutrements;

-Provide instructions, examine, summarize and give compliments on emergency response and SAR to regulatory authorities under laws’ provisions.

i) Propose preferential policies and social insurance policies applicable to emergency response and SAR teams and implement such policies in accordance with regulations of laws;

k) Fulfill other obligations and exercise other rights related to emergency response and SAR as stipulated by laws and upon request of the competent authorities.

4.Standing and supporting authorities of the National Search and Rescue Committee:

a) The Ministry of National Defense shall play a role as the standing authority of the National Search and Rescue Committee and is responsible for ensuring the operation of the National Search and Rescue Committee and manage to perform the National Search and Rescue Committee’s duties.

b) The Office of the National Search and Rescue Committee shall play a role as the assisting authority which has its own seal, and accounts at the State Treasuries and banks, and has its judicial status. The functions, rights, responsibilities, organizational structure and payroll of this authority are defined by the Chairman of the National Search and Rescue Committee. The Office of the National Search and Rescue Committee may request the Minister of National Defense and/or the Chairman of the National Search and Rescue Committee to designate specialists from relevant authorities to participate in emergency response and SAR, where necessary.

Article 7. Organizational structure and duties of the Steering Committees for Search and Rescue of Ministries, ministerial-level agencies and Governmental agencies

1. The Ministry of National Defense, Ministry of Public Security, the Ministry of Transport and Ministry of Agriculture and Rural Development shall set up a standing agency to assist the Steering Committee for Search and Rescue and Ministers in State management of emergency response and SAR within the assigned responsibility.

2. The organizational structure and duties of the Steering Committees for Search and Rescue shall be conformable to Article 19 of the Government s Decree No.66/2014/ND-CP dated July 04, 2014 detailing and guiding a number of Articles of the Law on Natural Disaster Prevention and Control and provisions hereof.

Article 8.Organizational structure and duties of the Steering Committees for Search and Rescue of provinces, districts and communes

1. Military authorities at all levels shall give advices about emergency response and SAR the People’s Committees at the same level under the directives of the Ministry of National Defense. The emergency response officers and rescuers of the military commands of provinces will be on the payroll.

2. The Fire and Rescue Police Departments at all levels shall provide the People’s Committees at the same level with advices about emergency response to conflagration of high-rise building, urban complexes, industrial zones and residential areas.

3. The organizational structure and duties of the Steering Committees for Search and Rescue of provinces, districts and communes shall be conformable to Article 20, 21 and 22 of the Government s Decree No.66/2014/ND-CP dated July 04, 2014 detailing and guiding a number of Articles of the Law on Natural Disaster Prevention and Control and provisions hereof.

Article 9. Organizational structure and duties of Ministerial specialized agencies

Upon request and emergency response and SAR duties, the Minister shall decide to establish a specialized agency within the management.

Chapter III

RESPONSE TO EMERGENCY EVENTS, ACTS OF GOD AND SEARCH AND RESCUE

Article 10. Emergency response classifications

1. Responsibilities and cooperation in emergency response and SAR

a) The establishment (commune or town) where the emergency event occurs shall actively take mitigation measures and recover the damage. Where it is beyond the competence of the establishment, that establishment shall request the superior Steering Committee for Search and Rescue to punctually mobilize resources for emergency response.

b) Where an emergency event occurs in multiple provinces, the Steering Committees for Search and Rescue of such provinces shall cooperate in emergency response.

c) Where it is beyond the competence of a regulatory authority, that regulatory authority shall promptly report to the National Search and Rescue Committee (via The Office of the National Committee for Search and Rescue).

Where it is necessary, a Steering Committee shall be established under the directive of the National Committee for Search and Rescue. The Steering Committee consists of representatives of relevant regulatory authorities. Where it is beyond the competence, the National Search and Rescue Committee shall request the Prime Minister to decide emergency response measures.

2. Duties and responsibilities shall be assigned in accordance with Article 7, 8, 9, 10 and 11 of the Government’s Decree No.66/2014/ND-CP dated July 04, 2014 detailing and guiding a number of Articles of the Law on Natural Disaster Prevention and Control.

3. Cooperation with foreign search and rescue teams within the Vietnam’s territory or within the management of Vietnam shall be conformable to regulations of laws on permission and cooperation with foreign search and rescue teams in Vietnam.

Article 11. Preparation of emergency response and SAR plans

1. Every regulatory authority shall actively prepare an emergency response and SAR plan, and annually adjust to suit the reality.

2. The National Search and Rescue Committee shall instruct the standing Search and Rescue Committee of the regulatory authority to prepare an emergency response and SAR plan in assigned fields.

Article 12. Receipt and processing information and alerts

1. Information related to emergency events and SAR shall be informed to the standing agency of the Steering Committee for Search and Rescue to check and resolve.

2. After receipt of emergency event and SAR-related information, the regulatory authority and the People’s Committee at the same level shall inform residents and affiliated authorities of such information, and report to the standing agency of the superior Steering Committee for Search and Rescue.

3. Emergency event and SAR-related information shall be punctually notified to relevant entities by means of mass media.

Article 13. Emergency response and SAR

1. After receipt of a relevant alert, announcement and/or warning, the heads of the regulatory authority and the People’s Committees at all levels shall run the standing agencies of the Steering Committees for Search and Rescue at all levels under the competent authority’s decision as stipulated herein.

2. According to the severity of an emergency event, a site command may be established with sufficient equipment for working around the clock and communication networks connected to the superior Steering Committee for Search and Rescue and the National Search and Rescue Committee.

a) The military authority that provides advices for the people’s Committee at the same level shall establish a command station to respond to emergency events specified in point a, b, c, dd, e, g, h, i, k, l and m clause 1 Article 3 hereof.

b) The Fire and Rescue Police Department that provides advices for the People’s Committees at the same level shall establish a command station to respond to conflagration of high-rise building, urban complexes, industrial zones and residential areas.

3. Provide instructions on measures for protecting life and property; inspect construction works and facilities, check resources which may be mobilized where necessary; execute and coordinate sources, facilities, equipment and specialized materials for emergency response and recovery from damage. The organizational structure and duties of emergency response and SAR organizations shall be conformable to Article 7, 8 and 9 of the Government s Decree No.66/2014/ND-CP dated July 04, 2014 detailing and guiding a number of Articles of the Law on Natural Disaster Prevention and Control and Article 14 and 15 hereof.

Article 14.Operation

1. The Deputy Minister and Chairman of the National search and Rescue Committee will give directives on emergency response and SAR in case any severe emergency event occurs nationwide.

2. Ministers, heads of ministerial-level agencies and governmental agencies shall direct their affiliated agencies to respond to emergency events , conduct SAR and provide instructions on emergency events and SAR as assigned by the Deputy Minister and Chairman of the National Search and Rescue Committee.

3. The Presidents of the People’s Committees at all levels shall provide instruction and conduct emergency response and SAR within their rights and responsibilities under provisions of laws.

Article 15. The authority to mobilize human resources, facilities, equipment and materials

1. The Presidents of the People’s Committees of district and communes have the authority to mobilize human resources, facilities, accoutrements and materials from entities within their management for the purpose of emergency response and SAR in the district and/or commune. Where it is beyond the authority, the Presidents of the People’s Committees of districts and communes shall punctually report to the superior People’s Committees and Steering Committees for Search and Rescue.

2. The Presidents of the People’s Committees of provinces have the authority to mobilize human resources, facilities, accoutrements and materials from entities within their management for the purpose of emergency response and SAR. Where it is beyond the authority, the Presidents of the People’s Committees of provinces shall punctually report to the National Search and Rescue Committee.

3. The Chairman of the Steering Committee for Search and Rescue of a ministerial-level agency has the authority to mobilize human resources, accoutrements, equipment and materials from entities within their management for the purpose of emergency response and SAR

4. The Chairman of the National Search and Rescue Committee shall mobilize or request the Prime Minister to mobilize resources and take measure for emergency response and SAR where it is beyond the capability of the regulatory authority.

5. The competent person who has the authority to mobilize resources from entities within his/her management shall be liable for payment to entities participating in emergency response and SAR by using the State budget or shall compensate for damage of such mobilized entities under the Ministry of Finance s regulations.

Chapter V

EDUCATION, TRAINING AND REHEARSAL FOR EMERGENCY RESPONSE AND SAR

Article 16. Education, training and rehearsal

1. Regulatory authorities at all levels shall raise the public awareness of emergency response and SAR via means of mass media or other appropriate means.

2. The specialized teams shall annually provide advanced training, education and rehearsal for emergency response and SAR under the directives of the National Search and Rescue Committee, regulatory authorities and People s Committees at all levels.

3. Regulatory authorities shall, according to their functions and responsibilities, cooperate with the National Search and Rescue Committee in definition of the content, method of organization and training in emergency response and SAR in the annual training program.

4. The President of the People’s Committee and heads of specialized authority shall be responsible for emergency response and SAR rehearsals under the directive of the National Search and Rescue Committee and superior authority.

Article 17. Duration for education and training

1. The minimum duration for an annual training in emergency response and SAR shall account for 3% of the total training duration as stipulated in the training program released by The Ministry of Education and Training.

2. The Ministry of Education and Training shall stipulate the duration for emergency response and SAR training provided for students.

3. Emergency response and SAR training provided for general education students shall be incorporated in the curricula.

Chapter V

PREFERENTIAL POLICIES APPLICABLE TO INDIVIDUALS ENGAGING IN EMERGENCY EVENTS AND SAR

Article 18. Preferential policies applicable to individuals who are on watch

1. Benefits

Every watcher in the National Search and Rescue Committee and in the Steering Committees for Search and Rescue at all levels shall receive night watch benefits (from 22 pm) as follows:

-Level 1:A night watch of 04 hour per day or more shall be granted a meal allowance which equals (=) 4% of the basic salary under current regulations;

-Level 2 :A night watch of between 02 hours 04 hour shall be granted a meal allowance which equals (=) 2% of the basic salary under current regulations;

2. The quantity of watchers

a) The number of watchers at the National Search and Rescue Committee shall be decided by the Chairman;

b) The number of watchers at the Steering Committee for Search and Rescue shall be decided by the Head of that Steering Committee.

3. Costs of watching shall be included in the operating expenses for emergency response and SAR.

Article 19. Preferential policies applicable to individuals mobilized to participate in emergency response and SAR

1. Any individual who is mobilized to participate in emergency response and SAR under the competent authority’s decision but is not on the State budget’s payroll shall:

a) Be granted benefits as stipulated by the People’s Committee of the province. The minimum benefits per working day of an unskilled worker shall account for 10% his/her basic salary, and the minimum benefits per working day of a worker directly contacting with radioactive substances, biological substances and toxic chemicals shall account for 10% his/her basic salary. In case the work shift is from 22 o’clock to 6 o’clock of the following day, the minimum benefit shall be doubled. Any one working in a dangerous environment shall receive on-the-spot benefits under provisions of laws;

b) Any worker working far from his/her residence shall be provided with the accommodation, travel allowances or means of transport under the Ministry of Finance’s regulation and shall be granted meal allowances as stipulated by the People’s Committee of the province;

c) The authority mobilizing human resources for emergency response and SAR shall incur these above-mentioned expenses.

2. Any individual under the State budget’s payroll mobilized to participate in emergency response and SAR under the competent authority’s decision shall have his/her whole salary and allowances, allowances for traveling , regional and working conditions paid by his/her employer under current policies.

These above-mentioned expenses shall be included in the operating budget.

3. Officials, people’s defense forces and backup militia participating in emergency response and SAR under the competent authority’s decision shall benefit from preferential policies as stipulated by laws.

Article 20. Benefits and preferential policies applicable to emergency response and SAR individuals who are sick, injured and dead

1. The preferential policies shall apply to participants in emergency response and SAR who is sick and injured (from the time of participation in emergency response and SAR until completion and back to the residence) in the following circumstances:

a) (s) he is sick and injured when (s) he is on duty in the workplace in or after the working time under the competent authority’s decision; and

b) (s) he is sick and/or injured on the way to the workplace and to the residence from work verified by the local government where (s) resides;

c) Do not compensate for any worker who damages his/herself by using drugs, alcohol and drug precursors on the List enclosed with the Government’s Decree No.82/2013/ND-CP on introduction of the List of narcotics and drug precursors dated July 19, 2013 and the Government’s Decree No.126/2015/ND-CP dated December 09, 2015 on amendment and supplement to the Decree No.82/2013/ND-CP on introduction of the List of narcotics and drug precursors dated July 19, 2013.

2. Preferential policies applicable to the sick and injured

a) In case any worker who has the compulsory social insurance is sick, injured or dead, the regulations on social insurance, occupational hygiene and safety, and laws on health insurance shall apply.

b) For those without compulsory social insurances:

-In case of illness: Any individual without the health insurance is sick when (s)he on duty shall have his/her medical expenses covered as applied to the one who has the health insurance;

-In case of accidents:

+ (s) he shall have his/her medical expenses for first-aid administration, emergency and treatment covered;

+ (s) he will be recommended to take a work capacity assessment at Medical Examination Council as stipulated by laws;

+ Where 5% of the work capacity is lost, a compensation of 05 times of the basic salary shall be granted. 5% of the basic salary shall be added to every 1% of additional loss if the work capacity;

+In case of loss of one or more body parts or functions, which causes loss of work capacity, the disabled preferential policies shall apply.

-In case of death, including persons who die in their first treatment, if the dead has yet to buy the social insurance, the person responsible for the funeral and the dead person’s family shall receive a compensation of ten times and 36 times of the basic salary, respectively.

3. Reimbursements for individuals who are sick and injured due to accidents shall be funded from the State budget. For those having the health insurance, their medical expenses shall be covered by the health fund. For those who having the compulsory social insurance, the social fund shall incur.

4. For those having the health insurance, their medical expenses shall be covered by the health fund. For those who having the compulsory social insurance, the social fund shall incur.

Article 21. Benefits and policies applicable to injured or dead persons

In case an individual participating in emergency response and SAR is injured or dead, preferential policies stipulated by laws may be applied.

Chapter VI

FUNDDING AND ALLOCATION OF FUNDDING FOR EMERGENCY RESPONSE AND SAR

Article 22. Sources of finance

1. The funding from the State budget under the current State budget index.

2. Financial aids for emergency response and SAR from foreign countries, overseas and domestic entities.

3. Earnings under service agreements, contributions and compensations as stipulated by laws.

4. The disaster prevention funds established by the Presidents of the People s Committees of provinces.

Article 23. Central government budget’s spending

1. Development investment expenditures

a) Investments in constructions of facilities for the purpose of emergency response and SAR managed by the central authorities;

b) Expenditures on projects for production and procurement of accoutrements and facilities for the purposes of emergency response and SAR under the management of the central authorities.

2. Operating expenses

a) Expenditures on regular activities by the National Search and Rescue Committee and Standing authorities in charge of emergency response and SAR assigned by the central authorities

-Salaries , wages, benefits and contributions;

-Expenditures on maintenance of facilities for emergency response and SAR;

-Expenditures on training, rehearsal and examination of emergency response and SAR;

-Expenditures on scientific research and education;

-Expenditures on production and procurement of reserve and regular material and accoutrements for the purpose of emergency response and SAR;

-Expenditures on maintenance and transport of accoutrements and facilities for emergency response and SAR;

-Expenditures on maintenance and repair of construction works for emergency response and SAR;

-Expenditures on maintenance and repair offices, wharves, warehouses , training fields and infrastructures;

-Expenditures on registration and insurance of emergency response and SAR vehicles;

-Expenditures on foreign affairs, communication and information, expenses for business trips, conferences, summary and awards .

b) Expenditures on occasional duties directly related to emergency response and SAR conducted by entities of the National Search and Rescue Committee, standing authorities and other forces mobilized by competent authorities:

-Expenditures on materials and facilities for occasional emergency response and SAR duties;

-Expenditures on extra meal allowances and benefits for emergency response and SAR teams;

-Expenditures on treatment given to victims and emergency response and SAR teams;

-Rents for emergency response and SAR facilities and expenses for repair of such facilities ( in case of damage due to objective reasons) mobilized by the State competent authority.

-Pay to entities participating in emergency response and SAR, and owner of emergency response and SAR facilities;

-Other expenditures directly related to emergency response and SAR.

Article 24. Local government budget’s spending

1. Development investment expenditures

a) Investments in constructions of facilities for the purpose of emergency response and SAR managed by the local authorities;

b) Expenditures on projects for production and procurement of accoutrements and facilities for the purposes of emergency response and SAR under the management of the local authorities.

2. Operating expenses

a) Operating expenses of standing authorities in charge of emergency response and SAR in the locality, including:

-Salaries , wages, benefits and contributions;

-Expenditure on registration, insurance and operation of emergency response and SAR facilities;

-Expenditure for training, rehearsal and examination of readiness for emergency response and SAR by standing authorities and local authorities;

-Expenditures on scientific research and education;

-Expenditures on production and procurement of reserve and regular material and accoutrements for the purpose of emergency response and SAR;

-Expenditures on maintenance and transport of accoutrements and facilities for emergency response and SAR;

-Expenditures on maintenance and overhaul of accoutrements, infrastructures, wharves, warehouses, training fields and facilities for emergency response and SAR;

-Expenditures on education and dissemination of laws and knowledge of emergency response and SAR to locals and officials;

-Expenditures on rehearsals for emergency response and SAR in provinces according to annual plans;

-Expenditures on communication, information and business trips;

-Expenditures on summary and awards to entities having achievements in emergency response and SAR in the locality.

b) Expenditures on occasional duties directly related to emergency response and SAR conducted by entities of standing authorities and other forces mobilized by competent authorities:

-Expenditures on materials and facilities for occasional emergency response and SAR duties;

-Expenditures on extra meals and allowances for emergency response and SAR teams;

-Expenditures on treatment given to victims and emergency response and SAR teams;

-Rents for emergency response and SAR facilities and expenses for repair of such facilities ( in case of damage due to objective reasons) mobilized by the State competent authority.

-Pay to entities participating in emergency response and SAR, and owner of emergency response and SAR facilities;

-Other expenditures directly related to emergency response and SAR.

Chapter VII

ACCOUTREMENTS FOR EMERGENCY RESPONSE AND SAR

Article 25.Types of accoutrements

1. Accoutrements used for emergency response and SAR consists of:

a) Accoutrements for aeronautical search and rescue;

b) Accoutrements for maritime and inland waterway search and rescue;

c) Accoutrements for oil spill response;

d) Fire and rescue equipment;

dd) Collapse rescue equipment;

e) Accoutrements for response to toxic chemical incidents, radiation and biological nuclear;

g) Accoutrements for search and rescue in roads and railways;

h) Search and Rescue accoutrements;

i) Medical accoutrements for search and rescue;

k) Other search and rescue accoutrements.

2. Every regulatory authority shall submit the periodical and annual SAR and emergency response master plans to the Chairman of the National Search and Rescue Committee as the basis for adjustment to the quantity and type of emergency response and SAR accoutrements.

Article 26. Emergency vehicles

1. The propriety shall be given to the fowling vehicles on emergency response and SAR duty shall be given priority:

a) Command vehicles of entities that are on emergency response and SAR duties;

b) emergency response and SAR vehicles which are on duty.

e) Other emergency vehicles stipulated by laws.

2. Signs of emergency vehicles

Every command vehicle and emergency response and SAR vehicle shall have a "RESCUE" flag sign put up on the front left of the driver. The flag sign is in the shape of rectangle, bordered in red, background in white with the size of 20 cm x 30 cm and has the logo of the National Search and Rescue Committee on the left and the phrase " RESCUE " wrote in red on the right.

3. The authority to issue the flag signs such emergency vehicles shall be decided by the Chairman of the National Search and Rescue Committee.

Article 27. Work uniforms

1.The specialized authority shall provide emergency response and SAR teams shall be provided with work uniforms which are convenient and conformable for their jobs. The color, materials and useful life of such work uniform shall be stipulated by the Chairman of the National Search and Rescue Committee.

2.Costs of work uniforms shall be funded from the operating budgets of the specialized authority.

Chapter VIII

IMPLEMETAION ORGANIZATION

Article 28. Responsibilities of the National Search and Rescue Committee

1. Compile its work regulations and request the Prime Minister to approve; stipulate regimes for cooperation, communication, reporting and liaison between the National Search and Rescue Committee with the Search and Rescue Steering Committees of regulatory authorities to ensure the cooperation and harmony in action.

2. Cooperate with the Ministry of National Defense, the Ministry of Home Affairs and relevant authorities in development of the scheme for emergency response and SAR to 2030 onwards.

3. Cooperate with the Ministry of National Defense, the Board of Directors, the Ministry of Labor, War Invalids and Social Affairs and relevant authorities in development of emergency response and SAR training and rehearsal programs for the use of functional forces, officials, students and citizens.

4. Direct standing SAR agencies to give advices about emergency response and SAR to the Heads of regulatory authorities and the Presidents of the People’s Committees at the same level ; direct functional forces to comply with the approved emergency response and SAR plan.

5. Cooperate with regulatory authorities in provision of instructions on development of emergency response and SAR works under the emergency response and SAR planning approved by the Prime Minister.

6. Develop the Operation Regulation and request the Prime Minister to issue this Regulation; use the hotline 112 as contact number for emergency response and SAR.

7. Update and provide information of Acts of God and emergency events to the forecast agencies; give meteohydrological forecasts for the purpose of emergency response and SAR.

8. Assist the Prime Minister in inspection, summary and commendation for emergency response and SAR.

Article 29. Responsibilities of central regulatory authorities

1. The Ministry of National Defense shall:

a) Cooperate with the Ministry of Home Affairs and relevant authorities in development of the scheme for emergency response and SAR to 2030 onwards, and request the Government to review for approval for the scheme.

b) Cooperate with relevant authorities in implementation duties prescribed in Article 28 and Article 29 of this Decree;

c) Take charge of and cooperate with the Ministry of Transport, Ministry of Natural Resources and Environment, Ministry of Science and Technology, the Ministry of Industry , the Ministry of Agriculture and Rural Development , People’s Committees of provinces and relevant authorities in development national plans for response to earthquake, tsunami and oil spill;

d) Take charge of and cooperate with relevant authorities in development and provision of instruction on emergency response teams;

dd) Direct the military zones and local military organizations at all levels to give advices about emergency response and SAR to the People’s Committee of the province;

e) Direct affiliates to organize emergency response teams and mobilize facilities for emergency response and SAR.

2. The Ministry of Public Security shall:

a) Cooperate with relevant authorities in implementation duties prescribed in Article 29 of this Decree;

b) Take charge of and cooperate with the Ministry of National Defense, People’s Committees of provinces and relevant authorities in develop the national plan for response to conflagration of high-rise building, urban complexes, industrial zones and residential areas; manage and mobilize specialized public security forces to do fire fighting search and rescue;

c) Take charge of and cooperate with local governments and relevant authorities in security in regions where emergency events occur.

d) Direct authorities to mobilize emergency response teams and facilities under regulations of laws.

3. The Ministry of Transport shall:

a) Take charge of and cooperate with the Ministry of National Defense, Ministry of Public Security, Ministry of Health, and People’s Committees of provinces in development of national plans for response to maritime incidents and extremely-severe traffic accidents in roads, railways and inland waterways, aviation accidents and incidents in Vietnam’s territory.
Take actions and mobilize emergency response teams and facilities for search and rescue; direct emergency response teams to evacuate residents and property to safe areas, take charge of logistics activities;

b) Cooperate with the Ministry of National Defense and the Ministry of Foreign Affairs in provision of instructions on licensing in maritime and aviation fields and cooperate with foreigners in search and rescue under provisions of laws;

c) Take charge of and disseminate laws and raise people s awareness of maritime security and safety, search and rescue and prevention and control of Acts of Gods;

d) Take charge of and implement International Convention, Treaties and Agreements on maritime and aviation search and rescue and safety of life at sea to which Vietnam is a signatory;

dd) Mobilize human resources and facilities from entities assigned to take charge of traffic channel management and maintenance to regulate and coordinate traffic flow, prevent crashes at vital points on national inland waterways.

4. The Ministry of Agriculture and Rural Development shall:

a) Cooperate with the National Search and Rescue Committee and relevant authorities in implementation duties prescribed in Article 29 of this Decree;

b) Take charge of and cooperate with the Ministry of National Defense, Ministry of Public Security, Ministry of Industry and Trade, Ministry of Transport, Ministry of Natural Resources and Environment, Ministry of Agriculture and Rural Development and local authorities in development of national plans; take actions against breaches of dykes, reservoirs and dams, forest conflagration, storms, tropical depression, flood, subsidence and other Acts of God;

c) Cooperate in development of plans and provision of food for emergency events, Acts of God and search and rescue under any circumstance.

5. The Ministry of Industry and Trade shall

a) Take charge of and cooperate with relevant authorities in provision of instructions on dealing with explosion and collapse of mines, extraction of coal, petroleum, chemicals, industrial materials and nuclear power;

b) Take charge of and cooperate with the Ministry of National Defense, Ministry of Public Security, People’s Committees at all levels and relevant regulatory authorities in development of emergency response national plans for gas and oil pipeline and drilling rig explosion, collapse of mineral mines, and toxic chemical dispersion; provide instructions related to development of plans and mobilization resources for responding to oil spill and toxic dispersion under regulations of laws.

6. The Ministry of Natural Resources and Environment shall:

a) Carry out meteohydrological monitoring, survey and investigation to collect meteohydrological information and data;

b) Provide instructions on forecast, warnings and provision of information about emergency events related to meteorology, hydrography and oceanography to the National Search and Rescue Committee, regulatory authorities and means of mass media.

7. The Ministry of Health shall:

a) Direct medical facilities, hospitals,research Institutes and preventive healthcare centers to prepare medicines, medical equipment and mobilize human resources for transport victims and administer first aid and preventive healthcare.

b) Direct affiliates to prepare medical equipment, medicines and mobile teams for first aid administration, victim transport and treatment ; provision of preventive healthcare, environmental hygiene and control of epidemics.

8. The Ministry of Construction shall:

a) Review and issue legislative documents within the authority or request the competent authorities to issue such legislative documents, provide guidelines for implementation of legislative documents on safety of construction works in accordance with the Law on prevent and control of acts of God and provisions hereof; take charge of and cooperate with local government in implementation of planning for construction, urban development and response to climate change and Acts of God;

b) Take charge of and cooperate with the Ministry of National Defense, the Ministry of Public Security, the Ministry of Industry and Trade, the Ministry of Transport, the Ministry of Agriculture and Rural Development, the Ministry of Health and regulatory authorities in development of plans for response to collapse of construction works.

9. The Ministry of Science and Technology shall:

Take charge of and cooperate with the Ministry of National Defense, the Ministry of Public Security, the Ministry of Industry and Trade, the Ministry of Natural Resources and Environment and relevant authorities in response to radiation leakage and nuclear radiation.

10. The Ministry of Information and Communications shall:

a) Take charge of and cooperate with relevant authorities in synchronization of regulations on the frequencies of watching, emergencies and development of plans for use of means of communication for the purpose of response to emergency events, Acts of God and SAR;

b) Cooperate with the Ministry of National Defense and the Ministry of Natural Resources and Environment in development of communication and warning networks between observation stations, research centers and the standing SAR agencies at all levels;

c) Direct the Vietnam Posts and Telecommunications Group to develop an emergency communication networks for emergency responses and SAR (hotline:112); instruct telecommunications enterprises to connect their communication networks and use the hotline 112 for the purpose of emergency response and SAR and ensure the connection of this hotline;

d) Direct ministerial agencies and telecommunication enterprises to mobilize resources to ensure communication; disseminate information about emergency response and SAR via means of media.

11. The Ministry of Education and Training shall|:

a) Take charge of and cooperate with the Ministry of National Defense and relevant authorities in organization, education and training in emergency response and SAR;

b) Cooperate with the National Search and Rescue Committee and relevant authorities in development training documents; instruction education and training facilities to prepare facilities and funding for education in emergency response and SAR.

12. The Ministry of Home Affairs shall:

Cooperate with the National Search and Response Committee, the Ministry of National Defense and relevant authorities in development of the plan for emergency response and SAR organizations at all levels to 2030 onwards and submit such plan to the Government to review for approval.

13. The Ministry of Finance shall:

a) Take charge of allocating current budgets for emergency response and SAR to central authorities under the Law on the State budget and other guidance documents;

b) Completely and punctually provide national spare equipment for emergency response and SAR upon request of the competent authorities.

14. The Ministry of Planning and Investment shall:

a) Take charge of and cooperate with the Ministry of Finance, National Search and Rescue and relevant authorities in aggregation annual and 5-year development investment plans for emergency response and SAR prepared by regulatory authorities and annual and 5-year socio-economic development plans prepared by the State; ensure socio-economic development and national defense and security;

b) Verify sources of finance and investment in projects for construction of facilities and production and purchase of equipment for emergency response and SAR under the Law on public investment.

15. The Ministry of Foreign Affairs shall:

a) Direct ministerial agencies, diplomatic missions and Vietnam’s consular offices in foreign countries to cooperate with competent authorities of other countries and international organizations in SAR of Vietnamese victims and properties in those countries or in announcement of intruded SAR regions;

b) Take charge of and cooperate with functional authorities in SAR via diplomatic means; fulfill necessary procedures to solve arising problems and take victims and properties back to Vietnam;

c) Cooperate and provide instruction on search and rescue of foreign victims and properties encountering emergency events in Vietnam’s territory.

16. The Ministry of Labor, War Invalids and Social Affairs shall:

Take charge of and cooperate with relevant authorities and People’s Committees of provinces in review and consolidation of demographics which may suffer from starvation as a consequence of emergency events; implement preferential policies applicable to emergency response teams and those engaging in search and rescue when they are ill, injure or dead under regulations of laws.

17. Every central regulatory authority shall:

a) Cooperate with the National Search and Rescue Committee and relevant authorities in issue and request the competent authorities to issue legislative documents in emergency response and SAR within the assigned fields;

b) Disseminate and educate emergency response and SAR to officers and citizens within the authority;

c) Direct affiliates to implement SAR and emergency response within the authority; Punctually direct their work forces to perform their emergency response and SAR duties upon request of the competent authority;

d) Cooperate with the National Search and Rescue Committee in summary of emergency response and SAR.

Article 30. Responsibilities of People’s Committees at all levels

1. Issue guidance documents on emergency response and SAR within the authority; provide instructions on emergency response and SAR; complete, adjust, supplement and define the functions, rights and responsibilities of the search and rescue committees at all level according to the reality.

2. Mobilize officers and citizens to participate in emergency response and SAR.

3. Develop and approve emergency response and SAR plans, implement such plans and mobilize resources from local organizations and authorities for the purpose of emergency response and SAR upon request of the superior standing SAR authorities.

4. Provide instruction on mobilization of emergency response teams, training and rehearsals.

5. Direct affiliated forces to apply emergency response and SAR measures in order to protect people and their property.

6. Request the superior SAR authorities to mobilize resources from other localities and cooperate with other localities in implementation of emergency response and SAR measures in case of beyond their ability.

7. Allocate current budgets for emergency response and SAR to regulatory authorities; mobilize legal resources for the purposes of emergency response, SAR and recovery of consequences of such events in their locality.

8. Provide instruction and conduct inspection, examination, summary and commendation for emergency response and SAR in the locality.

Chapter IX

COMMENDATION AND ACTIONS AGAINST VIOLATIONS

Article 31. Commendation

Entities having achievements in emergency response and SAR will be commended and rewarded under the State’s regulations.

Article 32. Actions against violations

Any entity committing any violation against the regulations on emergency response and SAR shall serve a discipline, administrative penalty or face a criminal prosecution, according to the nature and severity of the violation, under regulations of laws.

Chapter X

IMPELMENTATION PROVISIONS

Article 33. Effect

This Decree takes effect on May 05, 2017 and annuls the Prime Minister’s Decision No.76/2009/QD-TTg dated May 11, 2009 on structure of the National Search and Rescue Committee and SAR systems in regulatory authorities and other regulations which contravenes this Decree.

Article 34. Implementation

The Presidents of the National Search and Rescue Committee, Ministers, heads of Ministerial-level agencies, heads of governmental agencies, presidents of People’s Committees of provinces and heads of relevant agencies shall be responsible for implementing this Decree ./.

For the Government

The Prime Minister

Nguyen Xuan Phuc