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Law on natural disaster prevention and organizational structure for disaster management in Viet Nam

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High-level inter-ministerial workshop held in Hanoi June 6-7, 2017 hosted by the Ministry of Agricultural Development (MARD) of Viet Nam and supported under the Integrating Agriculture in National Adaptation Plans (NAP-Ag) Programme. The meeting was attended by over 75 national and provincial level government officials, including MONRE, MARD, MPI and the Ministry of Finance (MOF), UN and development partners, private sector representatives including insurance companies, as well as non-governmental organisations.

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Law on natural disaster prevention and organizational structure for disaster management in Viet Nam

  1. 1. LAW ON NATURAL DISASTER PREVENTION AND CONTROLAND THE ORGANISATIONAL STRUCTURE FOR DISASTER MANAGEMENT DIRECTORATE OF WATER RESOURCES DEPARTMENT OF DISASTER MANAGEMENT
  2. 2. PART I LAW ON NATURAL DISASTER PREVENTION AND CONTROL
  3. 3. The Law on ND Prevention & Control was passed at the 5th Session of the 13th Legislature of the National Assembly on 19/06/2013, and came into effect on 01/05/2014. The Law is comprised of 6 Chapters and 47 Articles:  Chapter I. General provisions  Chapter II. Disaster Prevention and Control  Section 1: Natural disaster prevention  Section 2: Response to natural disasters  Section 3: Remediation of natural disaster consequenses  Chapter III. Rights and obligations of agencies, organisations, households and individuals in ND Prevention & Control  Chapter IV. International cooperation in ND Prevention & Control  Chapter V. Responsibility for State management of ND Prevention & Control  Chapter VI. Implementation provisions LAW ON ND PREVENTION AND CONTROL
  4. 4. CHAPTER I. GENERAL PROVISIONS Comprising of 12 Articles, from Article 1 to 12, regulating:  Scope and subjects of application.  Interpretation of terms.  Basic principles of ND Prevention & Control.  State policies on ND Prevention & Control.  Resources for ND Prevention & Control.  Prohibited acts. MAIN CONTENT OF THE LAW
  5. 5. CHAPTER II NATURAL DISASTER PREVENTION AND CONTROL ACTIVITIES Comprising of 3 Sections from 1 to 3 with 21 Articles numbered 13 to 33, regulating the activities of natural disaster prevention and control in 3 phases:  Section 1: Prevention of natural disasters.  Section 2: Response to natural disasters.  Section 3: Remediation of ND consequenses. MAIN CONTENT OF THE LAW
  6. 6.  Section 1: PREVENTION OF NDs. Comprising of 11 Articles (numbered 13 to 23):  National Strategy on ND Prevention & Control;  ND Prevention & Control Plans;  Integration of ND Prevention & Control contents into sectoral development or socio-economic development master plans and plans;  Developing policies on ND Prevention & Control;  Assessment and zoning of natural disaster risks;  Levels of natural disaster risks;  Response plans for different levels of ND risks;  Information, communication and education about ND Prevention & Control.
  7. 7.  Section 2: RESPONSE TO NDs Comprising of 6 Articles (Article 24 to 29): Forecast, warning, and transmission of information on NDs Direction and command of response to NDs Basic measures to respond to NDs Responsibilities in ND response Competence to mobilize resources for ND response activities Search and rescue activities in ND response
  8. 8.  Section 3: REMEDIATION OF ND CONSEQUENSES Comprising of 4 Articles (Article 30 to 33): Organising search and rescue and providing relief, food, curative medicines and other essentials; Making statistics of and assessing damage caused by natural disasters, needs for relief and support, and proposing plans to remedy consequences; Support to restore production; Providing supplies and essential commodities, taking price management and market stabilization measures; Organising communication and awareness raising for the community on ND Prevention & Control; The Law also stipulates specific responsibilities of organisations, individuals, households and different sectors, agencies for remediation of ND consequenses.
  9. 9. NEW ADDITIONS - 1.Types of NDs Before the Law 11 types of NDs With the Law 21 types of NDs: (1) Typhoon; (2) Tropical low pressure; (3) Whirlwind; (4)Lightning; (5) Heavy rain; (6) Flood; (7) Flashflood; (8) Inudation; (9) Landslide due to floods or water currents; (10) Land subsidence due to floods or water currents, (11) Water rise; (12) Seawater intrusion, (13) Extreme hot weather, (14) Drought, (15) Damaging cold, (16) Hail, (17) Hoarfrost, (18) Earthquake, (19) Tsunami; (20) Fog; (21) Strong wind at sea 19 types of NDs New additions: Fog and strong winds at sea
  10. 10. NEW ADDITIONS - 2.Organisation for ND Prevention & Control and Search 8 Rescue • Central: • Central Steering Committee for Disaster Control led by Minister of MARD; • Local: • Commanding Committees for Disaster Control and Search&Rescue led by Chairperson of the People’s Committee. Members include: agencies, sectors and social organisations Chính phủ BAN CHỈ ĐẠO TW VỀ PCTT - Trưởng ban: Bộ trưởng Bộ NN&PTNT - Phó trưởng ban TT: Thứ trưởng Bộ NN&PTNT -Phó trưởng ban: Phó chủ nhiệm VP Chính phủ Phó chủ tịch UBQGTKCN - Các ủy viên: đại diện lãnh đạo các Bộ, ngành, cơ quan trực thuộc CP, mời đại diện lãnh đạo các đoàn thể liên quan ỦY BAN QUỐC GIA TKCN - Trưởng ban: Phó Thủ tướng Chính phủ - Phó trưởng ban TT: P.Tổng tham mưu trưởng QĐNDVN -Phó trưởng ban: Phó chủ nhiệm VP Chính phủ Thứ trưởng các Bộ: Công an, NN&PTNT, GTVT - Các ủy viên: đại diện lãnh đạo các Bộ, ngành, đoàn thể liên quan BAN CHỈ HUY PCTT&TKCN CẤP TỈNH - Trưởng ban: Chủ tịch UBND tỉnh - Phó trưởng ban TT: Phó CT UBND tỉnh -Phó trưởng ban: Lãnh đạo Sở NN&PTNT Lãnh đạo Bộ CHQS tỉnh - Các ủy viên: đại diện lãnh đạo các Sở, ngành, và mời các đoàn thể liên quan BAN CHỈ HUY PCTT&TKCN CÁC BỘ, NGÀNH - Trưởng ban: Lãnh đạo các Bộ, ngành BAN CHỈ HUY PCTT&TKCN CẤP HUYỆN - Trưởng ban: Chủ tịch UBND huyện - Phó trưởng ban TT: Phó CT UBND huyện -Phó trưởng ban: Ban CHQS huyện Trưởng Công an huyện -Các ủy viên: đại diện lãnh đạo các phòng, cơ quan, đơn vị liên quan, và mời các đoàn thể liên quan - VPTT: 01 phòng chức năng của UBND huyện BAN CHỈ HUY PCTT&TKCN CẤP CƠ SỞ - Trưởng ban: Lãnh đạo các Sở liên quan BAN CHỈ HUY PCTT&TKCN CẤP XÃ - Trưởng ban: Chủ tịch UBND xã - Phó trưởng ban TT: Phó CT UBND xã -Phó trưởng ban: Trưởng Công an xã Xã đội trưởng -Các ủy viên: cán bộ chuyên môn, trưởng các tổ chức đoàn thể -CQ thường trực: Bộ NN&PTNT - VP thường trực: Cục PCTT -CQ thường trực: Bộ Quốc phòng - VP thường trực: Cục CHCN -CQ thường trực: Sở NN&PTNT - VP thường trực: C/cụcThủy lợi
  11. 11. NEW ADDITIONS - 3. Disaster Control Funds Financial sources for ND prevention and control (Article 8 of the Law) Established by PPC. Fund managing agency is located at DARD Financial sources for the Funds (1) Compulsory contributions of domestic and foreign economic organisations based in localities, and Vietnamese citizens aged from from full 18 years and in the working age as prescribed by law (2) Other lawful sources Expenditures of the Funds 1. SUPPORT ND Prevention & Control (1) Relief, remediation of ND consequences; (2) Support disaster response; (3) Support prevention activities. 2. Allowances for fund collectors and administrative expenses. 3. TRANSFERRABLE to support other PROVINCES under ND consequenses beyond the recovery capabilities.
  12. 12. NEW ADDITIONS - 4. Disaster reponse plans 1.Disaster response plan at commune level (Para 2, Article 15, Law on ND Prevention & Control) 2. Disaster response plan at district level (Para 3, Article 15, Law on ND Prevention & Control) 3. Disaster response plan at provincial level (Para 4, Article 15, Law on ND Prevention & Control) 4. Disaster response plan at ministerial level (Para 5, Article 15, Law on ND Prevention & Control) 5. Disaster response plan at national level (Para 6, Article 15, Law on ND Prevention & Control) Disaster reponse plans are established at 4 levels of administration: national to communal, and also ministerial in line with the planning period of 5 years corresponding the SEDPs and can be revised annually (Para 1, Art. 15, Law on ND
  13. 13. NEW ADDITIONS-5. Disaster risks are divided into 5 levels • Risk levels increasing from: Level 1, 2, 3, 4 to level 5 • Response and collaboration responsibility: District, commune Provincial, District, Commune CSC, Provicial, District, Commune PM, CSC, Provincial, District, Com. President of State declares Emergency of Natural Disaster How to COLLABORATE and RESPOND?
  14. 14. The LAW has strengthened the roles and responsibilities of organisations, communities in ND prevention & control with provisions of rights & obligation of agencies, organisations, households, individuals and foreign & international agencies operating in Viet Nam o Rights and obligations of households – Article 34 o Rights and obligations of economic organisations - Article 35 o Rights and obligations agencies, socio-political organisations, social organisations, professional organisations - Article 36 o Rights and obligations of foreign organisations, international organisations operating in Viet Nam – Article 37 Prioritising the proactiveness of households, individuals, agencies is the socialization policy of ND prevention & control, in order to mobilise all possible resources for ND prevention & control NEW ADDITION-6. Enhancing the roles and responsibilities of organisations and invividuals
  15. 15. International cooperation activities in ND prevention & control are institutionalized in the Law, consisting:  Principles  Content  Leading agency  Rights and obligations of foreign organisations, individuals, international organisations involved in disaster response and recovery.  The identification of international cooperation activities in ND prevention & control reflects the determination of comprehensive and extensive global integration of Viet Nam in the area of disaster control, and also legalizes the commitments and international conventions that Viet Nam has signed or become a NEW ADDITION - 7. Expanding Int. Cooperation
  16. 16. GUIDING DOCUMENTS FOR THE LAW IMPLEMENTIONS: * 02 Government Decrees: - Decree No.66/2014/ND-CP giving detailed provisions and guiding the implementation of the Law on ND Prevention & Control; - Decree No.94/2014/ND-CP provisioning the establishment and management of disaster control funds; * 02 Decision by the Prime Minister: - Decision No.44/2014/QD-TTg by PM giving detailed provisions on the levels of disasters. - Decision No.46/2014/QD-TTg of PM stipulating the forecast, warning and communication of natural disasters. * 02 Circular: - Inter-agency Circular No.43/2015/TTLT-BNNPTNT-BKHĐT by 3 Ministries guiding the statistics, stocktaking of loss and damage casued by natural disasters; - Circular No.05/2016/TT-BKHĐT guiding the integration of disaster prevention and control into sector development plans and SEDPs.
  17. 17. PART II ORGANISATIONAL STRUCTURE FOR DISASTER PREVENTION AND CONTROL
  18. 18. ORGANISATIONAL MAP FOR THE DISASTER RESPONSE, SEARCH & RESCUE SYSTEMS MINISTERIAL COMMAND FOR DISASTER RESPONSE, SEARCH& RESCUE –––––––––––––––––– Chair: Leaders of relevant Ministries, agencies PROVINCIAL COMMAND COMMITTEES FOR DISASTER RESPONSE, SEARCH&RESCUE ––––––––––––––––––––––––––– - Chair:: Chairperson of PPC - 1st Vice Chair: Vice Chair of PPC - Vice Chairs: Director of DARD Chief Commander of the provincial military command - Members: reps of relevant agencies CENTRAL STEERING COMMITTEE FOR DISASTER CONTROL ––––––––––––––––– - Chair: Minister of MARD - 1st Vice Chair: Vice Minister of MARD - Vice Chairs: Vice Chairperson of Offce of the Government 1st Vice Chair of the National Search & Rescue Committee Members: representatives of relevant Ministries, agencies GOVERNMENT - Standing Agency: MARD - Standing Office: Dapt. of Disaster Management DISTRICT COMMAND ––––––––––––––––––––––––––– - Chair: Chairperson of DPC - 1st Vice Chair: Vice Chair of DPC. - Vice Chairs: Chief of district police. Commander of military command - Members: reps of relevant divisions COMMUNE COMMAND –––––––––– -Chair: Chairperson of CPC -1st Vice Chair: Vice Chair of CPC. -Vice Chairs: Chief of commune police, chief of commune paramilitary force. -Members: officers in charge of relevant fields - Standing Agency: DARD NATIONAL SEARCH & RESCUE COMMITTEE ––––––––––––––––– - Chair: Deputy PM - 1st Vice Chair: Deputy Chief-of-Staff of the Army - Vice Chairs: Vice Chairperson ofOffice of the Government, Vice Ministers of MPS, MOT, MARD - Members: representatives of relevant Ministries, agencies, organisations - Standing Agency: MOD - Standing Office: Dept. of Search & Rescue
  19. 19. Central Steering Committee for Disaster Response Vice Chairperson of Office of the Gov Vice Chair Minister of MARD Chair Vice Chairperson National Search& Rescue Committee Vice Chair MARD Member MOD Member MONRE Member MPS Member MOIC Member MOIT Member MOT Member MOC Member MOH Member MOFA Member MOCST Member MOLISA Member Vietnam Television Member VOV Member MPI Member MOST Member MOET Member MOF Member Vice Minister of MARD 1st Vice Chair SOME AGENCIES UNDER MARD, MONRE, MOD, NAT. SEARCH&RESCUE COMMITTEE, VIETNAM ACADEMY OF SCIENCES, Member Based on practical situation, The Chair may invite reps of: FFV, VWU, YU and others to join
  20. 20. THANK YOU VERY MUCH! DIRECTORATE OF WATER RESOURCES DEPARTMENT OF DISASTER MANAGEMENT

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