Nghị định 71/2002/NĐ-CP hướng dẫn thi hành Pháp lệnh tình trạng khẩn cấp

DECREE

DETAILING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE ORDINANCE ON THE STATE OF EMERGENCY IN CASE OF GREAT DISASTERS OR DANGEROUS EPIDEMICS

THE GOVERNMENT

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

Pursuant to the March 23, 2000 Ordinance on the State of Emergency;

At the proposals of the Minister of Justice, the Minister of Agriculture and Rural Development, the Minister of Science, Technology and Environment and the Minister of Health,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.-Scope of regulation

This Decree prescribes in detail the organization of implementation of the National Assembly Standing Committee’s resolutions or State President’s orders promulgating the state of emergency in case of great disasters or dangerous epidemics (hereinafter called the state of emergency), and the application of special measures in the emergency state.

Article 2.-Principles for organization of implementation of the National Assembly Standing Committee’s resolutions or State President’s orders promulgating the state of emergency, and the application of special measures in the state of emergency

The organization of implementation of the National Assembly Standing Committee’s resolutions or State President’s orders promulgating the state of emergency, and the application of special measures must adhere to the following principles:

1. Ensuring the direct, all-sided and absolute leadership of the Communist Party of Vietnam;

2. Ensuring the concentrated and unified direction of the Prime Minister according to the provisions of the Ordinance on the State of Emergency and this Decree;

3. Giving priority to the rescue of people and properties of the State, agencies, organizations and people; giving priority to providing support and assistance to the seriously affected areas; minimizing the consequences caused by disasters and epidemics;

4. Absolutely abiding by and urgently, promptly executing decisions, orders and directives of the Prime Minister and the Steering Committee for implementation of the National Assembly Standing Committee’s resolutions or State President’s orders promulgating the state of emergency (hereinafter called the Steering Committee);

5. Mobilizing the combined strength of all forces, agencies, organizations and people to prevent, restrict and overcome the disasters’ or epidemics’ consequences;

6. Strictly prohibiting the taking of advantage of the state of emergency to infringe upon the State’s interests, the rights and legitimate interests of agencies, organizations and individuals.

Article 3.-Carrying reports on the state of emergency

1. Vietnam News Agency, the Radio Voice of Vietnam, Vietnam Television, the "Nhan Dan" (People) daily and the "Quan doi nhan dan" (People’s Army) daily shall have to immediately carry in full text the resolution of the National Assembly Standing Committee or the order of the State President promulgating the state of emergency as well as the Prime Minister’s decisions on organizing the implementation thereof; reporting in time on measures already taken in the geographical areas under the state of emergency and the situation of overcoming the disaster’s or epidemic’s consequences; and carry in full text the resolution of the National Assembly Standing Committee or order of the State President lifting the state of emergency.

The National Assembly Standing Committee’s resolution or State President’s order promulgating or lifting the state of emergency shall be posted up at the head offices of agencies, organizations and public-frequented places.

2. The other central and local newspapers, the local radio and television broadcasting stations and other mass media at the grassroots shall have to carry reports on the promulgation of the state of emergency and the process of overcoming the disasters’ or epidemics’ consequences.

Chapter II

ORGANIZATION OF IMPLEMENTATION OF THE NATIONAL ASSEMBLY STANDING COMMITTEE’S RESOLUTIONS OR THE STATE PRESIDENT’S ORDERS PROMULGATING THE STATE OF EMERGENCY

Article 4.-The Steering Committee

1. When a state of emergency is promulgated, the Prime Minister shall decide to set up a Steering Committee and prescribe the latter’s working regime to assist the Prime Minister in deploying the implementation of the National Assembly Standing Committee’s resolution or the State President’s order promulgating the state of emergency.

Basing himself on the geographical territory under the emergency state and the characteristics of the disaster or epidemic, the Prime Minister may act as head of the Steering Committee or nominate a Deputy Prime Minister or a minister defined at Point a, Clause 2 of this Article to this position.

2. The Steering Committee headed by the Prime Minister or a Deputy Prime Minister shall comprise the following members:

a/ The ministers of: Agriculture and Rural Development; Science, Technology and Environment, and Health;

b/ The representatives of the leaderships of the Ministry of Public Security, the Ministry of Defense, the Finance Ministry and the Central Committee of Vietnam Fatherland Front;

c/ The president(s) of the People’s Committee(s) of the province(s) and/or centrally-run city(ies) where exists the state of emergency.

In cases where it is deemed necessary, the Prime Minister may nominate other members of the Steering Committee.

3. The Steering Committee headed by a minister shall comprise the following members:

a/ The president(s) of the People’s Committee(s) of the province(s) and/or centrally-run city(ies) where exists the state of emergency;

b/ The representatives of the agencies and organizations defined at Points a and b, Clause 2 of this Article;

c/ The leaders of the concerned services, departments and branches in localities and the presidents of the People’s Committees of the rural/urban districts, provincial capitals and/or provincial cities, where exists the state of emergency;

4. The Steering Committee shall have the following tasks and powers:

a/ To advise on, and suggest to the Prime Minister, measures to deploy the implementation of the National Assembly Standing Committee’s resolution or the State President’s order promulgating the state of emergency;

b/ To sum up and evaluate the disaster or epidemic situation in the geographical area under the state of emergency in order to report it to the Prime Minister;

c/ To discuss in order to thoroughly grasp the deployment of implementation of special measures already decided by the Prime Minister, and discuss as well as decide on other important matters at the proposal of the head of the Steering Committee;

d/ To decide on the mobilization of forces for implementation of special measures according to the provisions in Clause 2, Article 5 of this Decree;

e/ To organize the reception of supports from international salvage and rescue forces under the Prime Minister’s decisions;

f/ To direct the management, distribution, and inspect and supervise the use of, funding sources provided as support from the State budget or mobilized from voluntary contributions of domestic agencies, organizations and individuals or from aid sources of international organizations as well as foreign organizations and individuals in order to overcome the disaster’s or epidemic’s consequences;

g/ Other tasks and powers assigned by the Prime Minister.

5. The head of the Steering Committee shall have the following tasks and powers:

a/ To assign tasks and responsibilities for directing the performance of specific tasks to members of the Steering Committee;

b/ To issue decisions, orders and directives for implementation of special measures in the state of emergency;

c/ To decide on, according to his/her competence or to propose the application, alteration or cancellation of special measures in the state of emergency;

d/ To urge and inspect the implementation of special measures in the state of emergency.

The head of the Steering Committee being a Deputy Prime Minister or minister shall be answerable to the Prime Minister for the implementation of the National Assembly Standing Committee’s resolution or the State President’s order promulgating the state of emergency as well as the Prime Minister’s decisions, orders and directives.

The Steering Committee’s members shall be answerable to the head of the Steering Committee for the performance of their assigned tasks and may be authorized by the head of the Steering Committee to decide on a number of specific matters.

6. The Steering Committee shall dissolve when the state of emergency is lifted, except otherwise prescribed by the National Assembly Standing Committee’s resolution or the State President’s order canceling the state of emergency.

Article 5.-Agencies, organizations and people responsible for implementation of special measures

1. Agencies, organizations and people responsible for the implementation of special measures in the state of emergency shall be the Steering Committee and its members, the agencies with representatives being members of the Steering Committee under the Prime Minister’s decision and the forces defined in Clause 2 of this Article.

2. Forces implementing special measures in the state of emergency include salvage and rescue forces; health officials and employees; officials and employees of the environmental protection, agricultural and rural development agencies; the army, police, militia, public works and communication service forces, and other forces mobilized by the Steering Committee or voluntarily participating in overcoming the disaster’s or epidemic’s consequences.

The above-mentioned forces shall be organized into units and put under the concentrated and unified direction and administration of the Steering Committee.

3. When performing tasks, officials, soldiers and employees belonging to the forces implementing special measures in the state of emergency must wear badges as prescribed by the Prime Minister; strictly abide by all decisions, orders and directives of the Steering Committee and its head as well as the law provisions, instructions and professional rules, and duly perform their assigned duties; must rely on the support of, and submit to the supervision by, Vietnam Fatherland Front and its member organizations.

Officials, soldiers and employees belonging to the forces implementing special measures in the state of emergency, who die or suffer from bad health while performing their duties, shall enjoy the regimes and policies currently prescribed by the State.

Article 6.-Responsibilities of the ministries and branches

1. The ministries and branches whose representatives are members of the Steering Committee shall have the responsibility to:

a/ Directly monitor and evaluate the situation on matters falling within the scope of their respective management in the area where exists the state of emergency, and report to the Steering Committee thereon;

b/ Take initiative in suggesting measures to overcome the disaster’s or epidemic’s consequences; advise the Steering Committee and its head on the timely issuance of decisions, orders or directives for the implementation of special measures already decided by the Prime Minister;

c/ Send, second or transfer officials, soldiers and employees under their management for participation in forces implementing special measures in the state of emergency at the request of the Steering Committee, except for cases where the transfer falls under the State President’s jurisdiction;

d/ Organize the mobilization and concentration of means, supplies, facilities and equipment under their management in order to take initiative in providing support for overcoming the disaster’s or epidemic’s consequences when necessary.

e/ Direct the implementation or guide localities in the implementation of special measures in domains under their respective management.

e/ Promptly satisfy other requests of the Steering Committee.

2. The other ministries and branches shall, within the scope of their functions, tasks and powers, have to promptly satisfy the Steering Committee’s requests for the mobilization of forces, means, supplies, facilities and equipment to overcome the disaster’s or epidemic’s consequences; provide guidance for the handling of professional difficulties and problems related to their management responsibilities in the course of overcoming the disaster’s or epidemic’s consequences, and promptly satisfy other requests of the Steering Committee.

3. The Finance Ministry shall have to provide timely financial support from the State budget for overcoming the disaster’s or epidemic’s consequences under the Prime Minister’s decisions.

Article 7.-Responsibilities of the People’s Committees at different levels

1. The People’s Committees of the provinces and centrally-run cities in geographical areas under the state of emergency shall have the responsibility to:

a/ Immediately notify the lower-level People’s Committees, attached agencies, departments and branches as well as local people, of the promulgation of the state of emergency, the measures decided for application in the areas under the state of emergency and the decisions, orders and directives of the Steering Committee and its head;

b/ Execute decisions, orders and directives of the Steering Committee and its head;

c/ Implement special measures in the state of emergency as assigned by the Steering Committee; coordinate with and create favorable conditions for agencies, organizations and forces implementing special measures in the state of emergency to perform their tasks;

d/ Organize and direct agencies, organizations and forces in localities to implement measures for overcoming the disaster’s or epidemic’s consequences;

e/ Guide people to abide by law provisions on the state of emergency as well as decisions, orders and directives of the Steering Committee and its head;

f/ Elaborate concrete plans and/or options to promptly evacuate people and properties so as to protect them and minimize damage caused thereto in the geographical areas where exists the state of emergency.

g/ Mobilize available forces, funding, supplies and means of their localities and mobilize people to contribute human and material resources to overcoming the disaster’s or epidemic’s consequences.

h/ Ensure security and order in the geographical areas where exists the state of emergency;

i/ Ensure that agencies and units in the local public works, electricity, water, post, telecommunications, radio and television broadcasting, sanitation and health services maintain their continuous and non-interrupted operations during the time of the state of emergency;

j/ Regularly report to the Steering Committee on the results of overcoming the disaster’s or epidemic’s consequences in the areas; make timely suggestions to the Steering Committee so that the latter may report to and propose the Prime Minister to decide on the cancellation of the application of special measures in the areas and localities where the situation has been stabilized.

2. The People’s Committees of rural districts, urban districts, provincial capitals and provincial cities in the geographical area where exists the state of emergency shall have the responsibility to:

a/ Perform the tasks of overcoming the disaster’s or epidemic’s consequences, as assigned by the Steering Committee, the People’s Committee(s) of the province(s) or centrally-run city(ies);

b/ Organize timely evacuation of people and properties according to plans of the People’s Committee(s) of the province(s) or centrally-run city(ies);

c/ Regularly report to the Steering Committee, the People’s Committee(s) of the province(s) or centrally-run city(ies) on the results of overcoming the disaster’s or epidemic’s consequences in the affected areas.

d/ Perform other tasks as prescribed at Points a, b, d, e, g, h and i, Clause 1 of this Article within the geographical areas under their respective management.

3. The People’s Committees of communes, wards and townships in the area where exists the state of emergency shall have the responsibility to:

a/ Perform the tasks of overcoming the disaster’s or epidemic’s consequences, as assigned by the superior People’s Committees;

b/ Directly effect the evacuation of people and properties according to plans of the superior People’s Committee(s);

c/ Organize and support people in the geographical areas under their management to maintain essential daily-life services during the time of the state of emergency;

d/ Regularly report to the Steering Committee, the superior People’s Committee(s) on the results of overcoming the disaster’s or epidemic’s consequences in the areas.

e/ Perform other tasks according to the provisions at Points a, b, e, g and h, Clause 1 of this Article in the localities under their respective management.

4. The People’s Committees at all levels outside the geographical areas where exists the state of emergency shall have to immediately notify the local people of the promulgation of the state of emergency and measures decided for application in such areas; guide people to observe law provisions on the state of emergency as well as decisions, orders and directives of the Steering Committee and its head; mobilize people to contribute human and material resources as relief to people in the areas under the state of emergency; promptly satisfy the Steering Committee’s requests on the mobilization of forces, means, supplies, facilities and equipment to overcome the disaster’s or epidemic’s consequences, and other requirements of the Steering Committee.

Article 8.-Returning or recompensing the requisitioned means and/or properties after the abolition of the state of emergency

1. After the abolition of the state of emergency, the bodies that have requisitioned means and/or properties of agencies, organizations and/or individuals during the time of the state of emergency shall have to immediately return such means and/or properties to their owners or lawful managers or users; in cases where a requisitioning body dissolves, before the dissolution, such body shall have to transfer all dossiers and papers on requisition and requisitioned means and/or properties not yet returned to the provincial-level People’s Committee where such means and/or properties are being kept so that the latter may go one with the return thereof.

2. In cases where the means and/or properties are lost, damaged or cannot be returned, the agencies, organizations and/or individuals having those means and/or properties shall be recompensed therefor according to law provisions.

The compensation funding shall be allocated by the State budget.

3. The Finance Ministry shall assume the prime responsibility and coordinate with the relevant agencies in guiding the implementation of this Article’s provisions.

Chapter III

SPECIAL MEASURES APPLIED IN THE STATE OF EMERGENCY

Section 1. SPECIAL MEASURES APPLIED IN THE STATE OF EMERGENCY IN CASE OF GREAT DISASTERS

Article 9.-Organizing the provision of first aid for and rescue of victims, temporarily evacuating people from dangerous places, helping people stabilize their life

In areas where exists the state of emergency, the following measures may be applied to provide first aid for and rescue victims, temporarily evacuate people from dangerous places and help them stabilize their life:

1. Mobilizing all resources to rescue victims and give them first aid in time;

2. Setting up first-aid stations in areas under the state of emergency in order to receive victims and give them first aid;

3. Setting up mobile first-aid teams, which shall be equipped with medical instruments, medicaments and means to detect and give on-the-spot first aid to victims, and ready to transfer them to the nearest first-aid stations or medical examination and treatment establishments;

4. Organizing the reception of, the provision of first aid, medical examination and treatment for, as well as free-of-charge medicament distribution to, people at first-aid stations and medical examination and treatment establishments; mobilizing private medical examination and treatment establishments to participate in curing victims;

5. Mobilizing forces and necessary means to quickly evacuate people from dangerous places;

6. Allocating materials and raw materials, mobilizing human resources to build makeshifts so as to arrange temporary accommodation for evacuees;

7. Distributing free-of-charge foods and foodstuffs, clothes, blankets and mosquito nets as well as other essential items to help people stabilize their life during the time of evacuation;

8. Other necessary measures.

Article 10.-Salvaging, and intensifying the protection of, natural calamity prevention and control works being hit by incidents or exposed to danger

In areas where exists the state of emergency, the following measures may be applied to salvage, and intensify the protection of, natural calamity prevention and control works, which are being hit by incidents or exposed to danger, protect safety of key positions and minimize the damage caused to properties of the State, agencies and organizations as well as the people’s lives and properties:

1. Mobilizing all resources to urgently salvage natural calamity prevention and control works, being hit by incidents;

2. Quickly repairing the damaged natural calamity prevention and control works; promptly consolidating the works exposed to danger;

3. Intensifying patrol and guard at natural calamity prevention and control works in order to promptly detect and handle incidents;

4. Other measures for the protection and salvage of natural calamity prevention and control works.

Article 11.-Flood diversion and deceleration to reduce the disaster’s consequences

1. In areas under the state of emergency the following flood-diverting and -decelerating measures may be applied to reduce the flood’s consequences:

a/ Regulating the related reservoirs in the areas in order to cut off or alleviate floods;

b/ Divert floods into rivers when the reservoirs in the areas have been used up to cut off or alleviate the floods but the water level still rises quickly;

c/ Using the flood-decelerating regions according to the approved plan;

d/ In cases where measures defined at Points a, b and c, Clause 1 of this Article have been applied but there still exists a danger directly threatening crucial regions which need to be protected, the floods may be let overflow the dykes or certain dyke sections may be destroyed to divert the floods into other flood-decelerating regions under the Prime Minister’s decisions.

2. The Central Steering Committee for Flood and Storm Prevention and Fight shall elaborate the flood diversion and deceleration plan for application in the state of emergency and submit it to the Prime Minister for decision.

Article 12.-Protecting or moving properties, warehouses and cultural heritages out of dangerous places

In areas under the state of emergency, the following measures may be applied to protect or move properties, warehouses and cultural heritages out of dangerous places:

1. Mobilizing forces and means to move properties, warehouses and cultural heritages out of the dangerous places and organizing forces to safeguard them, prevent losses and damage thereto;

2. Intensifying the protection of those properties, warehouses and cultural heritages, which cannot be removed immediately from dangerous places;

3. Prohibiting people not on duty to enter the property- and warehouse-protection area; temporarily suspending visits to areas with cultural heritages which need to be protected;

4. Other necessary measures.

Article 13.-Reservation and priority transportation of supplies, raw materials, preventive and curative medicines, epidemic-treating chemicals, food, foodstuffs and essential goods to disaster-hit places

In case of the state of emergency, the following measures may be applied in order to reserve and transport with priority supplies, raw materials, preventive and curative medicines, epidemic- and environmental pollution-treating chemicals, food, foodstuffs and essential goods (hereinafter called supplies and goods) to disaster-hit places:

1. Taking from the national reserves and mobilizing from other sources supplies and goods in order to provide relief and treatment for people in the disaster-hit places;

2. Organizing the reception of relief and aid goods from agencies, organizations and individuals at home and abroad for transportation thereof them to the disaster-hit places;

3. Mobilizing all necessary means and prioritizing the transportation of supplies and goods to the disaster-hit places;

4. Temporarily suspending the scheduled freights in order to reserve means for the transportation of supplies and goods to the disaster-hit places;

5. Increasing the number of freights to carry essential goods by air, land and/or waterway to the disaster-hit places;

6. Effecting traffic priorities, exempt traffic tolls of all kinds for means performing task of transporting supplies and goods to the disaster-hit places;

7. Other necessary measures.

Article 14.-Intensifying measures for fire and explosion prevention and fighting

1. In areas where exists the state of emergency, the following measures for fire prevention and fighting may be applied:

a/ Arranging forces to closely safeguard petroleum depots and depots of explosives, chemicals or particularly dangerous inflammable and explosive substances or relocate those depots to the safe places;

b/ Mobilizing forces, mobilizing or requisitioning means and/or properties to assist the fire prevention and fighting force in preventing fire spread and extinguishing fire, rescuing people and properties;

c/ Placing the fire prevention and fighting force on alert;

d/ Forces and means while performing the fire-fighting task shall enjoy all traffic priorities as provided for by the Law on Fire Prevention and Fighting;

e/ Temporarily suspending production and/or business activities of enterprises as well as production, business or service establishments when necessary;

f/ Stopping the electricity supply at places prone to electricity-related fire and/or explosion;

g/ Other necessary measures for fire prevention and fighting.

2. The fire fighting at the head offices and residences of foreign diplomatic missions, consulates and representative offices of international organizations shall comply with the provisions of the Law on Fire Prevention and Fighting.

Article 15.-Special price management measures

In areas where exists the state of emergency, the following special measures for management of prices of food, foodstuffs, preventive and curative medicines and a number of other essential goods may be applied:

1. Deciding on the maximum price for each kind of goods;

2. Deciding on conditions or limits for distribution of goods of each kind;

3. Issuing stamps, cards, tickets or applying other measures to control goods distribution;

4. Deciding on goods-distribution places;

5. Enhancing the inspection and control of prices;

6. Strictly handling acts of speculating and buying up goods or other acts of violating the regulations on prices in areas being under the state of emergency;

7. Other special management measures.

Article 16.-Mobilizing human resources, supplies, means and properties for salvage and overcoming the disaster’s consequences

1. In areas where exists the state of emergency, the following measures may be applied in order to mobilize human resources, supplies, means and properties for salvage and overcoming the disaster’s consequences:

a/ Mobilizing army, police and militia forces to rescue people, evacuate people, save the State’s, organizations’ and people’s properties, prevent and overcome the disaster’s consequences. The mobilization of armed forces outside the areas under the state of emergency, when necessary, shall be effected by the State President’s decision.

b/ Mobilizing officials, public servants and people to rescue humans, evacuate people, save properties of the State, organizations and people, prevent and overcome the disaster’s consequences;

c/ Mobilizing supplies and/or means of agencies, organizations and/or individuals for the rescue of humans, evacuate people, rescue of properties of the State, organizations and people, prevention and overcoming of the disaster’s consequences. In case of necessity, the means and properties of agencies, organizations and/or individuals may be requisitioned.

2. The mobilization of forces, the mobilization or requisition of supplies, means and/or properties shall be conducted in areas being under the state of emergency; if they still fail to meet the requirements, more supplies and/or means may also be mobilized or requisitioned from agencies, organizations and/or individuals outside areas being under the state of emergency.

3. The requisition of means and/or properties of agencies, organizations and individuals must be certified by the requisitioning bodies according to regulations of the Finance Ministry.

Means and properties of agencies, organizations and individuals, which are requisitioned under the provisions of this Article, shall be immediately returned to their owners or lawful managers or users when the use thereof no longer needed or when the state of emergency is lifted; in case of loss or damage, compensation therefor shall be made according to law provisions.

Article 17.-Regime of communication and use of communication means:

In areas where exists the state of emergency, the following special provisions on communication and use of communication means may be applied:

1. Establishing a hot line between the Prime Minister and the Steering Committee;

2. Setting up communication stations and lines to ensure operations of the Steering Committee’s communication from its office to the disaster-hit areas;

3. Using with priority telecommunication facilities at the Steering Committee’s office free of charge in service of activities of overcoming the disaster’s or epidemic’s consequences.

4. Mobilizing officials and employees of the post and telecommunications agencies to work round the clock so as to ensure the smooth communication on the whole line and be ready to promptly handle information incidents;

5. Mobilizing or requisitioning communication means of agencies, organizations and/or individuals when necessary;

6. Other special regulations on information and communication as well as the use of communication means in the state of emergency.

Article 18.-Ensuring security and order in areas where exists the state of emergency

In areas where exists the state of emergency, the following measures may be applied to ensure security, social order and safety:

1. Mobilizing army, police and/or militia forces as well as people to participate in patrols, guard duty and maintenance of security and order; establishing working teams to maintain security and order when necessary;

2. Preventing all acts that affect security and order and the overcoming of the disaster’s consequences;

3. Preventing and immediately arresting persons who disrupt order in areas being under the state of emergency, or commit other law-breaking acts;

4. Other necessary measures to maintain security, social order and safety.

Article 19.-Restricting people and means to enter dangerous places

1. In areas where exists the state of emergency, the following measures may be applied to restrict people and means to enter dangerous places:

a/ Placing signboards and setting up fixed or mobile watch and control stations at dangerous places;

b/ Prohibiting people not on duty and means to enter dangerous places;

c/ Strictly controlling people and means that enter dangerous places;

d/ Restricting the exit from dangerous places defined at Points d, e and f, Clause 2 of this Article;

e/ Other necessary restriction measures.

2. The following places may be declared dangerous:

a/ Places where houses or construction works are prone to collapse;

b/ Places where exist big fires;

c/ Places where exist storms, floods, whirlpools or danger of landslides;

d/ Places where exist hazardous and dangerous chemical agents, which cannot be controlled;

e/ Places where emerge dangerous epidemics;

f/ Places where exist other factors detrimental to human life and health.

Article 20.-Hygiene of the living environment, epidemic prevention and combat at the disaster-hit places

In areas where exists the state of emergency, the following measures may be applied to keep hygiene of the living environment and prevent and fight epidemics:

1. Organizing medical treatment and burying of corpses and carcasses.

2. Determining the polluted daily-life water sources and applying timely handling measures;

3. Supplying in a timely manner necessary chemicals and medicaments to meet the requirements of the living environment’s hygiene as well as epidemic prevention and combat;

4. Other necessary measures prescribed by law for the living environment’s hygiene as well as epidemic prevention and combat.

Section 2. SPECIAL MEASURES IN THE STATE OF EMERGENCY IN CASE OF DANGEROUS EPIDEMICS

Article 21.-Organizing the provision of first-aid and medical treatment

In areas where exists the state of emergency, the following measures may be applied to organize the provision of first-aid, and medical treatment for persons who have been infected or are prone to be infected with diseases:

1. Classifying and promptly giving first-aid and emergency treatment to, the infected persons according to the uniform therapeutic methods guided by the Health Ministry;

2. Organizing free-of-charge treatment for infected persons;

3. Setting up anti-epidemic stations in the areas being under the state of emergency in order to receive and give first aid to, infected persons;

4. Setting up mobile first-aid teams, which shall be equipped with medical instruments, medicaments and means to detect and give on-the-spot first aid to infected persons, and get ready to transfer the infected persons to the nearest anti-epidemic stations;

5. Concentrating means, medicaments and medical equipment, preparing beds, examination and treatment rooms and arranging medical personnel to work round the clock so as to be ready to provide first aid as well as medical examination and treatment for persons already infected or prone to be infected with diseases;

6. Mobilizing private medical examination and treatment establishments to take part in first-aid provision to, as well as medical examination and treatment of, the infected persons and persons prone to be infected;

7. Other necessary measures.

Article 22.-Restricting the exit from, and entry into, the epidemic areas; quarantining and medically treating people and means exiting or entering the epidemic areas

In areas where exists the state of emergency, the following measures may be applied to restrict the exit from, and entry into, the epidemic area, to quarantine and medically treat people and means exiting or entering the epidemic areas:

1. Prohibiting or restricting people and means not on duty to exit or enter the epidemic areas; in cases where it is necessary to exit from, or enter the epidemic areas, the compulsory medical quarantine measures must be applied;

2. Setting up inter-branch guard stations and quarantine stations or posting emergency anti-epidemic working teams at traffic junctions leading into or from the epidemic areas in order to check, supervise and medically treat the exiting and entering people and means;

3. Organizing patrols and control along the boundaries of areas under the state of emergency, promptly preventing illegal exits from, and entries into, the epidemic areas and taking initiative in preventing and fighting the epidemic spread;

4. Applying prophylactic measures to people entering the epidemic areas under guidance of medical agencies;

5. Effecting compulsory quarantine for goods, objects, animals, plants, foodstuffs and beverages brought into or out of the epidemic areas;

6. Inspecting and medically treating all means exiting the epidemic areas; permitting only those means which have been granted medical quarantine certificates to exit the epidemic areas;

7. Other necessary measures.

Article 23.-Application of measures to prevent epidemic spread

In areas where exists the state of emergency, the following measures may be applied to prevent epidemic spread:

1. Prohibiting the bringing out of epidemic areas of goods, objects, animals, plants, foodstuffs and beverages, which are capable of transmitting the epidemic;

2. Prohibiting people and means not on duty to enter places where people or animals have got ill or died due to epidemics;

3. Prohibiting the bringing of infected persons out of the epidemic areas; in cases where they need to be transferred to higher-level hospitals, the permission of the head of the emergency anti-epidemic working team is required;

4. Other necessary measures to prevent epidemic spread.

Article 24.-Urgent epidemic-combating measures

1. In areas where exists the state of emergency, the following urgent epidemic-combating measures may be applied:

a/ General cleansing, disinfection and decontamination of the epidemic nests;

b/ Organizing the isolation and complete treatment of the infected persons, strictly monitoring them after the treatment to prevent the epidemic recurrence.

c/ Intensifying inspection, ensuring food hygiene and safety at public food and drink catering service establishments;

d/ Immediately destroying goods and objects carrying pathogenic agents;

e/ Medically handling and burying dead persons and carcasses according to law provisions;

f/ Enhancing medical inspection measures applicable to people and means on entry or exit and their luggage as well as import and export goods according to law provisions.

2. Apart from measures prescribed in Clause 1 of this Article, depending on the kind of the epidemic, the following compulsory epidemic-combating measures may also be applied:

a/ Orally taking preventive medicines;

b/ Using vaccines or anti-serum;

c/ Spraying chemicals to eliminate the disease vectors;

d/ Isolating, and abstaining from contact with, epidemic sources;

e/ Applying measures for personal hygiene, sanitation of daily-life water and environmental hygiene in strict compliance with law provisions.

Article 25.-Strictly inspecting public food and drink catering service establishments; closing those establishments where pathogenic agents are detected

In areas where exists the state of emergency, the following measures may be applied to strictly inspect public food and drink catering service establishments, or close those establishments where pathogenic agents are detected:

1. Inspecting sources and origins of foodstuffs and drinks and quarantining foodstuffs, drinks as well as processing instruments used at public food and drink catering service establishments;

2. Inspecting foodstuff hygiene and safety at public food and drink catering service establishments; detecting and isolating the infected persons working therein;

3. Forcing agencies, organizations, economic units or individuals to apply measures for overcoming the epidemic spread and destroying objects detrimental to the human health;

4. Confiscating and destroying foodstuffs and drinks carrying pathogenic agents;

5. Temporarily suspending operations of public food and drink catering service establishments that fail to ensure foodstuff hygiene and safety;

6. Closing public food and drink catering service establishments where pathogenic agents are detected;

7. Other necessary measures.

Article 26.-Application of compulsory measures for hygiene and epidemic prevention and fighting in epidemic areas

In areas where exists the state of emergency, the following compulsory measures for hygiene and epidemic prevention and fighting may be applied:

1. Organizing medical disposal and burial of corpses and carcasses;

2. Determining polluted daily-life water sources and applying hygiene-treating measures in a timely manner;

3. Promptly detecting and medically treating pathogens at places where they are detected;

4. Other necessary compulsory measures for hygiene and epidemic prevention and fighting as prescribed by law.

Article 27.-Reservation and priority transportation of preventive and curative medicines, epidemic-treating chemicals, foods, foodstuffs and necessary goods to epidemic areas

In areas where exists the state of emergency, the following measures may be applied to reserve and give priority to the transportation of, preventive and curative medicines, epidemic-treating chemicals, foods, foodstuffs and necessary goods (hereinafter called medicaments and goods) to epidemic-hit areas:

1. Taking from the national reserves or mobilizing from other sources medicaments and goods in order to treat and support people in the epidemic-hit areas;

2. Mobilizing all necessary means and giving priority to the transportation of medicaments and goods to the epidemic-hit areas;

3. Increasing the number of freights by air, land and waterway in order to transport medicaments and goods to the epidemic-hit areas;

4. Applying traffic priorities, exempting traffic tolls for means performing task of transporting medicaments and goods to the epidemic-hit areas;

5. Other necessary measures.

Article 28.-Organizing emergency anti-epidemic working teams

1. In areas where exists the state of emergency, emergency anti-epidemic working teams may be set up under the medical agencies and medical quarantine agencies with the participation of physicians and medical personnel in the fields of prophylactic medicine, medical examination and treatment, test, and other members.

2. Emergency anti-epidemic working teams shall be tasked to deploy urgent anti-epidemic measures and perform other tasks under decisions and assignment of the Steering Committee.

Chapter IV

COMMENDATION AND HANDLING OF VIOLATIONS

Article 29.-Commendation

Agencies, organizations, people’s armed force units and individuals that record achievements in the implementation of regulations on the state of emergency shall be commended and/or rewarded according to the State’s general regulations.

Article 30.-Handling of violations

1. Those who violate the provisions of this Decree and other law provisions on the state of emergency shall, depending on the nature and seriousness of their violations, be administratively sanctioned or examined for penal liabilities.

2. Those who, while performing their assigned tasks, violate the provisions of this Decree and other law provisions on the state of emergency shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liabilities.

Chapter V

IMPLEMENTATION PROVISIONS

Article 31.-Implementation effect and responsibility

1. This Decree takes effect 15 days after its signing.

2. The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decree.