Quyết định 51/2015/QĐ-TTg của Thủ tướng Chính phủ về quy định tổ chức tìm kiếm, cứu nạn giao thông đường thủy nội địa

THE PRIME MINISTER

Decision No. 51/2015/QD-TTg datedOctober 14, 2015 of the Prime Minister on regulations on search and rescue activities on inland waterways

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

Pursuant to the Law on Inland Waterway Navigation dated June 15, 2004 and Law on amendments to the Law on Inland Waterway Navigation dated June 17, 2014;

At the request of the Minister of Transport,

The Prime Minister promulgates the Decision regulating search and rescue activities on inland waterways.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of adjustment

This Decision regulates the organization of search and rescue on inland waterways, port waters, inland wharves, waters other than navigable channels, waters not yet managed and exploited for traffic transport; responsibilities of the National Search and Rescue Committee for directing search and rescue; responsibilities of the Ministry of Transport, People’s committees of central-affiliated cities and provinces (hereinafter referred to as People’s committees of provinces), ministries, sectors and relevant organizations, individuals for presiding over and organizing search and rescue.

Article 2. Subject of application

This Decision applies to organizations and individuals at home and abroad in connection with search and rescue on inland waterways, port waters, inland wharves, waters other than navigable channels, waters not yet put managed and exploited for traffic transport;

Article 3. Interpretation of terms

In this Decision, some terms are construed as follows:

1. Vehicles operating on inland waterways, port waters, inland wharves, waters other than navigable channels, waters not yet managed and exploited for traffic transport (hereinafter referred to as vehicles) include inland watercraft, ships, military ships, public service ships, fishing ships and other vehicles as prescribed.

2. Hot lines mean telephone numbers serving search and rescue activities round-the-clock.

3. Commander of search and rescue operations on inland waterways (hereinafter referred to as site commander) means a person who coordinates activities of search and rescue, keeps contact with agencies presiding over search and rescue operation and implements directions made by such agencies for search and rescue activities.

4. Agencies presiding over search and rescue activities on inland waterways (hereinafter referred to as search and rescue agencies) mean the agencies that are tasked with coordinating search and rescue activities on inland waterways.

5. Forces that organize search and rescue operation on inland waterways mean agencies, units affiliated to ministries, sectors and localities that carry out search and rescue activities, full time or part time, other organizations and individuals that participate in search and rescue operation at the request of search and rescue agencies or upon detecting natural disasters, catastrophe, and traffic accidents on inland waterways.

6. Particularly serious accidents on inland waterways mean accidents caused by collision or incidents resulting in the sinking of vehicles transporting oil or dangerous harmful chemicals; high risks of epidemic diseases to people and living environment;

Article 4. Principles of organizing search and rescue on inland waterways

1. Information about natural disasters, catastrophe, and traffic accidents on inland waterways in need of search and rescue operation must be reported immediately to local authorities where the event takes place and search and rescue agencies.

2. Take the initiative in getting human force, vehicles and equipment ready for emergency responses within each area and nature of the event.

3. Guarantee information for emergency responses; make immediate reports to competent authorities upon finding the incident out of control of inland waterway search and rescue forces.

4. Command close cooperation with other forces in mobilizing the participation in search and rescue operation during the organization and implementation of search and rescue;

5. Guarantee safety for people and vehicles taking part in search and rescue operation; for construction works and vehicles operating on the area where activities of search and rescue take place.

Article 5. Responsibilities of search and rescue agencies

1. People’s committees of provinces shall preside over the organization of search and rescue on inland waterways within local administrative divisions.

2. The Ministry of Transport shall preside over and cooperate with ministries, sectors and localities in organizing search and rescue on inland waterways in case of particularly serious concerning two or more provinces; direct cooperation with search and rescue organizations in the area bordering two provinces in case of need.

3. National Search and Rescue Committee shall direct ministries, sectors and localities to mobilize human forces, vehicles and equipment for search and rescue operation in cases out of control of search and rescue agencies as prescribed in Clauses 1 and 2 of this Article.

Article 6. Human forces, vehicles and equipment participating in inland waterway search and rescue operation

Human forces, vehicles and equipment participating in inland waterway search and rescue operation include:

1. Organizations and units that carry out search and rescue operation, part time or full time, affiliated to ministries, sectors and localities; and other relevant organizations and individuals.

2. Organizations and units that carry out management and maintenance of regional inland waterways; inland waterway port authorities;

3. Human forces, vehicles and equipment from agencies and units based in the administrative division;

4. Human forces, vehicles and equipment from foreign organizations and individuals as mobilized by Vietnam’s competent agencies;

5. Human forces, vehicles and equipment from the centers that handle oil spill;

6. Other human forces, vehicles and equipment operating on inland waterways;

Article 7. Inland waterways search and rescue drills

1. Annually, in reliance on actual circumstances, the Ministry of Transport, People’s committees of provinces shall establish plans for search and rescue drills on inland waterways in key administrative divisions.

2. Activities of cooperation and deployment of drills are implemented in accordance with laws.

Article 8. Expenditure on search and rescue operation on inland waterways

1. Expenditure on search and rescue operation on inland waterways includes sources from state budget, sponsorships, grants, aides and voluntary contributions from organizations and individuals, and other legal sources as prescribed.

2. Sources from state budget are allocated in annual budget estimates. Establishment of cost estimates and payment of expenditures are implemented in accordance with the Law on State Budget and applicable guiding documents.

3. Organizations and individuals that participate in search and rescue operation shall be subsidized according to laws.

Chapter II

COMMUNICATION AND ORGANIZATION OF SEARCH AND RESCUE ON INLAND WATERWAYS

Article 9. Communication in search and rescue operation on inland waterways

1. Search and rescue agencies shall use hot lines or other means of communication to receive information about natural disasters, catastrophe, and traffic accidents on inland waterways.

2. Information includes:

a) Locate people and vehicles suffering natural disasters, catastrophe and accidents;

b) Nature of natural disasters, catastrophe, accidents;

c) Time of natural disasters, catastrophe, and accidents;

d) Number of victims, name, age or identity;

dd) Other information: Name of vehicles in distress, registration number, or other identities; requests for rescue of victims, tug boats, and vehicles; name, address and means of communication with vehicle owners.

Article 10. Supply, receipt and handling of information about search and rescue operation on inland waterways

1. Organizations or individuals upon detecting or being notified of people and vehicles in distress on inland waterways shall be responsible for making immediate reports to local authorities where the event takes place, or to search and rescue agencies or police authorities in closest proximity.

2. Agencies or units that receive the information (including cases of inadequate information as prescribed in Clause 2, Article 9 hereof) shall be responsible for carrying out the inspection and making immediate reports to search and rescue agencies, and organizing human force, vehicles and equipment taking part in search and rescue operation within functions and duties.

3. Agencies or units tasked with carrying out search and rescue operation shall be responsible for receiving and handling information about incidents on inland waterways and immediately preparing plans for search and rescue operation.

Article 11. Warnings, notices about dangerous areas, natural disasters on inland waterways

1. Warnings, notices and forecasts about dangerous areas, natural disasters are implemented within functions and duties of Ministries, sectors and localities.

2. Vietnam Inland Waterway Administration, the Services of Transport within management shall issue notices about restrictions on inland waterways traffic and dangerous areas on mass media.

3. In case natural disasters, catastrophe and traffic accidents affect road and railway works, irrigation and hydro-power works or cause oil spill, leakage, dispersion of harmful chemicals, radiation, search and rescue agencies shall cooperate with agencies or units managing the works, relevant agencies in making notices, warnings or restrictions or prohibitions on traffic to ensure safety for the works and traffic activities in the area.

4. Means of mass media within functions and duties shall make media coverage of warnings about natural disasters, catastrophe and traffic accidents on inland waterways.

Article 12. Search and rescue agencies

Upon occurrence of natural disasters, catastrophe and traffic accidents on inland waterways, search and rescue agencies shall take the following responsibilities:

1. Grasp developments of natural disasters, catastrophe and traffic accidents on inland waterways to put forward appropriate plans, mobilize human force, vehicles and equipment for timely and effective responses.

2. Appoint site commanders;

3. Ensure traffic order and safety throughout; in case of natural disasters, catastrophe and traffic accidents, make immediate reports to state administration agencies for environmental protection for timely handling;

4. Keep constant contact with site commanders and direct activities of search and rescue;

5. Grasp the situation and developments of the event to provide timely instructions on rescue of people and vehicles in distress and lead coordination between site commanders and human force, vehicles and equipment taking part in search and rescue

6. Directly mobilize human force, vehicles and equipment for search and rescue operation if necessary; make immediate reports to competent authorities for supports if the situation is out of control.

7. Cooperate with other relevant agencies, organizations in resolving consequences of search and rescue tasks;

8. In case foreign vehicles or vehicles carrying foreigners are in distress on natural disasters, catastrophe or traffic accidents on inland waterways, search and rescue agencies shall be responsible for making reports to National Search and Rescue Committee and the Ministry of Foreign Affairs for cooperation with competent agencies of the country with people and vehicles in distress in handling consequences.

Article 13. Site commanders;

1. Site commanders appointed by search and rescue agencies shall take the following responsibilities:

a) Directly command and mobilize forces for search and rescue activities in each specific situation;

b) Unify commands to ensure safety to people and vehicles taking part in search and rescue operation;

c) Keep constant contact between vehicles taking part in the operation and people and vehicles in distress; assign specific tasks to each vehicle taking part in the operation; make constant reports to search and rescue agencies on the operation of search and rescue on site;

d) Carry out instructions and requests for on-site search and rescue given by search and rescue agencies:

dd) Make reports and proposals to search and rescue agencies for supplements or changing plans for search and rescue, or reinforcing human force, vehicles and equipment taking part in the operation appropriate to actual conditions of search and rescue activities on inland waterways; changing or halting plans for organizing search and rescue operation must be approved by search and rescue agencies;

e) Have the right to make adjustments to plans for search and rescue in accordance with actual conditions in case of emergency and impossibility to make contact with search and rescue agencies but an early report must be made afterwards;

2. In case an incident happens without presence of the site commander, the captain or driver of the vehicle who detects and arrives at the site soonest shall play the role of the site commander in making immediate reports to search and rescue agencies and keep commanding the activities of search and rescue until the site commander is available.

3. In case the incident is out of capacity for mobilization of forces, the site commander or his/her temporary substitute must make immediate to search and rescue agencies or to local authorities in close proximity for supports.

Article 14. Other organizations and individuals in coordination

Organizations and individuals in coordination shall take the following responsibilities:

1. Obey orders given by search and rescue agencies

2. Cooperate with other units in taking part in activities of search and rescue on inland waterways under the command of the site commander and orders of search and rescue agencies; make immediate reports to the site commander and competent agencies on activities of search and rescue.

3. Make immediate reports to state administration agencies on environmental protection in case the incident causes damage to the environment;

Article 15. Captain and driver in coordination

1. The captain or driver of vehicles operating on inland waterways shall take the following responsibilities:

a) Take part in the rescue of victims upon detecting or receiving information about natural disasters, catastrophe or traffic accidents on inland waterways close to its area of operation if safety to its people and vehicle is ensured; make reports to local authorities or search and rescue agencies about its activities of search and rescue;

b) Obey orders given by search and rescue agencies; For emergencies without orders given by search and rescue agencies, obey orders given by the site commander;

2. Captain and driver of search and rescue vehicles shall take the following responsibilities:

a) Cooperate and keep contact with people and vehicles in distress and search and rescue agencies in grasping situation and unifying methods and measures to keep contact with people and vehicles in distress; protect traces and evidence related to the accident;

b) In case the party in distress and party taking part in search and rescue both agree on rescue measures without the need of additional assistance, an immediate report must be made to search and rescue agencies or the site commander for halting mobilization of assistance;

c) In case additional assistance is needed, proposals must be made to search and rescue agencies for assistance if necessary;

d) Have the right to make proposals for search and rescue measures to the site commander; perform duties as assigned by the site commander;

3. People on vehicles in distress within possible conditions should:

a) Seek all measures possible to save their own lives and people on the vehicles, minimize death toll;

b) Make contact with human force, vehicles and residents in proximity for early rescue;

c) Make notifications to search and rescue agencies directly or through human force or vehicles taking part in the operation for instructions;

Chapter III

RESPONSIBILITIES OF AGENCIES, UNITS AND INDIVIDUALS FOR SEARCH AND RESCUE ON INLAND WATERWAYS

Article 16. People’s committees of provinces

1. Preside over and cooperate with relevant competent agencies in mobilizing human force, vehicles and equipment from localities, agencies and organizations based in localities to take part in search and rescue activities on inland waterways within the administrative division.

2. Make reports to National Search and Rescue Committee during the organization of search and rescue activities and in cases beyond control of localities for instructions and assistance;

3. Establish plans for mobilization of human force, vehicles and equipment from localities, agencies and organizations based in localities to take part in search and rescue activities on inland waterways within the administrative division.

4. Mobilize human force, vehicles and equipment from organizations and agencies based in the administrative division and human force, vehicles and equipment from other localities operating in close proximity to areas where the accident happens for search and rescue operation; keep order and security during search and rescue operation;

5. Preside over and cooperate with other relevant agencies, organizations, and individuals in verifying, inspecting and resolving natural disasters, catastrophe and traffic accidents on inland waterways within the administrative division;

6. Ensure traffic safety to vehicles traveling across the area where search and rescue operation on inland waterways takes place, on local and specialized inland waterways routes;

7. Grant approval for plans for search and rescue drills on inland waterways;

Article 17. The Ministry of Transport

1. Mobilize human force, vehicles and equipment from ministries, sectors and localities, units, organizations and individuals in coordination as prescribed in Clause 2, Article 5 hereof;

2. Make reports to National Search and Rescue Committee during the organization of search and rescue activities and in cases beyond control of the Ministry of Transport for instructions and assistance;

3. Direct agencies and units affiliated to the Ministry to cooperate with People’s committees of provinces and relevant ministries and sectors in establishing and developing plans of combining use of forces, vehicles and equipment from inland waterways, maritime, road and railway branches that are on duty and ready for being involved in watch keeping, search and rescue activities on inland waterways;

4. Direct agencies and units affiliated to the Ministry to mobilize forces, vehicles and equipment from their own and cooperate with People’s committees of provinces in search and rescue activities; mobilize forces, vehicles and equipment belonging to the Ministry for search and rescue of vehicles that belong to other ministries, sectors and localities at the request of National Search and Rescue Committee;

5. Organize and ensure traffic safety in the areas where search and rescue activities take place within national inland waterways routes;

6. Make annual reports to National Search and Rescue Committee on activities of search and rescue on inland waterways conducted by forces and vehicles belonging to the Ministry for compilation as prescribed;

7. Grant approval for plans for search and rescue drills on inland waterways submitted by Vietnam Inland Waterways Administration;

Article 18. National Search and Rescue Committee

1. Direct ministries, sectors, localities, organizations and individuals to mobilize human force, vehicles and equipment for search and rescue operation on inland waterways when the case is out of control of search and rescue forces;

2. Provide guidance to ministries, sectors and localities on providing training in professional competence of search and rescue on inland waterways to other relevant organizations and individuals; monitor and inspect the implementation by agencies;

Article 19. Central Steering Committee for natural prevention and control

1. Provide guidance on measures to prevent storms, floods, tropical depression and other types of natural disasters related to inland waterways traffic;

2. Cooperate with National Search and Rescue Committee in mobilizing forces, vehicles and equipment for search and rescue activities when people and vehicles are in distress as a result of floods, storms and tropical depression;

Article 20. The Ministry of National Defense

1. Cooperate with National Search and Rescue Committee in establishing and developing plans of combining forces, vehicles and equipment from Navy, Border Guard, Coastguard and military zones based in the administrative division and other military forces in the performance of the Ministry of National Defense’s duties; ready for keeping watch and participating in search and rescue within administrative division;

2. Mobilize military forces, vehicles and equipment for search and rescue of the vehicles, boats and ships under the management of the military or at the request of search and rescue agencies;

3. Make reports to National Search and Rescue Committee on activities of search and rescue on inland waterways conducted by natural defense forces as prescribed;

Article 21. The Ministry of Public Security

1. Cooperate with the Ministry of Transport and People’s committees of provinces in establishing and developing plans for combination of forces, vehicles and equipment from police forces in the performance of the Ministry of Public Security s duties along with keeping watch and participating in search and rescue;

2. Mobilize forces, vehicles and equipment under the management of Police forces or at the request of search and rescue agencies for search and rescue activities; investigate and handle traffic accidents on inland waterways according to law provisions;

3. Make reports to National Search and Rescue Committee on activities of search and rescue on inland waterways conducted by Police defense forces as prescribed;

Article 22. The Ministry of Finance, the Ministry of Planning and Investment

1. The Ministry of Finance and the Ministry of Planning and Investment shall allocate state budget to Ministries, sectors and localities for search and rescue activities on inland waterways.

2. Inspect management and use of state budget sources as allocated;

Article 23. The Ministry of Agriculture and Rural Development

1. Direct agencies and units affiliated to the Ministry to forces, vehicles and equipment from their own for search and rescue of vehicles and ships that belong to fisheries industry; vehicles and ships belonging to other ministries, sectors and localities as requested;

2. Cooperate with Ministries, sectors and localities in sharing information and database on the management of rescue activities for fishing ships operating on inland waterways;

3. Make reports to National Search and Rescue Committee on activities of search and rescue on inland waterways conducted by the Ministry as prescribed;

4. Direct agencies and units affiliated to the Ministry to cooperate with Ministries and sectors in ensuring safety to irrigation and dike works on inland waterway routes to put forward measures to respond when natural disasters, catastrophe and traffic accidents on inland waterways happen;

Article 24. Ministries and ministerial-level agencies

1. Other ministries and sectors within functions and duties shall be responsible for cooperating with search and rescue agencies in mobilizing forces, vehicles and equipment from their own units to take part in search and rescue activities.

2. Put forward measures to respond immediately upon receipt of information or requests for handling of natural disasters, catastrophe and traffic accidents on inland waterways within responsibility;

3. Cooperate with National Search and Rescue Committee in establishing plans for using forces and vehicles from their own ministries and sectors in search and rescue activities on inland waterways;

Article 25. Organizations and individuals having vehicles operating on inland waterways

1. Obey orders given by competent agencies on mobilization of vehicles for search and rescue activities on inland waterways;

2. Coordinate participation in search and rescue drills at the request of competent agencies;

3. Update hot lines of search and rescue agencies, captain or driver of watercraft;

Article 26. Organizations and individuals managing forces, vehicles and equipment based in localities

1. Make reports to agencies, organizations, and individuals upon detection of natural disasters, catastrophe and traffic accidents on inland waterways;

2. Quickly mobilize forces, vehicles and equipment for search and rescue activities at the request of search and rescue agencies within capability;

3. Mobilize forces, vehicles and equipment from their own units for search and rescue activities under the commands of the site commander;

4. Take part in search and rescue drills on inland waterways in the administrative division on request;

Article 27. Responsibilities of insurance enterprises for search and rescue on inland waterways

1. Cooperate and provide documents, records and information in connection with insured people and vehicles at the request of competent agencies for rescue operation and case settlement;

2. Cooperate with search and rescue agencies in handling and making compensations for damage according to law provisions;

Chapter IV

IMPLEMENTATION PROVISIONS

Article 28. Implementation Effect

This Decision takes effect on December 01, 2015.

Article 29. Implementation provisions

1. The Ministry of Transport shall preside over and cooperate with National Search and Rescue Committee in inspecting and monitoring the implementation of this Decision.

2. During the implementation of this Decision, National Search and Rescue Committee and the Ministry of Transport should compile issues in need of amendments and supplements and make proposals to the Prime Minister for consideration and decision.

Ministers, heads of ministerial-level agencies, heads of governmental agencies, presidents of the provincial People’s Committees, presidents of National Search and Rescue Committee, heads of relevant agencies, organizations and individuals shall be responsible for executing this Decision./.

For the Prime Minister

The Deputy Prime Minister

Hoang Trung Hai