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| THE GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM
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| No. 117/2008/ND-CP | Hanoi, November 14, 2008 |
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 14, 2005 Law on National Defense;
At the proposal of the Minister of Defense,
DECREES:
This Decree provides for the tasks; investment guarantee mechanisms; organization and training; prevention and remedy of consequences of hi-tech weapons, nuclear weapons, chemical and biological weapons (referred collectively to as mass destruction weapons) and natural or man-made disasters: the responsibilities of ministries, ministerial-level agencies, government-attached agencies, Peoples Committees of provinces or centrally run cities (below referred collectively to as provincial level), Peoples Committees of rural districts, urban districts, provincial capitals and towns (below referred collectively to as district level). Peoples Committees of communes, wards, district towns (below referred collectively to as commune level), political organizations, socio-political organizations and economic organizations (below referred collectively to as agencies and organizations) in civil defense.
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This Decree applies to Vietnamese agencies, organizations and citizens; foreign agencies, organizations and individuals operating and living in the Vietnamese territory.
If a treaty to which the Socialist Republic of Vietnam is a contracting party otherwise provides for, that treaty prevails.
Article 3. Interpretation of terms
In this Decree, the terms below are construed as follows:
1. Civil defense is a part of the national defense system, covering measures to actively prevent and combat wars or natural or man-made disasters, dangerous epidemics; to prevent, combat and overcome disaster consequences, to protect people, activities of agencies and organizations and the national economy.
2. Disasters are events caused by nature, dangerous epidemics or humans or brought about by consequences of war which cause heavy human and material losses and serious damage to the natural environment.
Article 4. Principles and guidelines for civil defense activities
1. To comply with defense and security activities prescribed by law.
2. Civil defense is placed under the Partys leadership and direction and the Governments unified management, directly under the leadership and direction by Party committees and administrations at all levels and the heads of agencies or organizations, bringing into full play the aggregate strength of the whole political system and the entire population.
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4. To follow the guideline that prevention is the key; to promote the role of on-spot forces, on-spot equipment, on-spot command and on-spot logistics; to actively and promptly prevent and remedy consequences.
Article 5. State management of civil defense
1. State management contents:
a/ To promulgate, organize the implementation of, legal documents on civil defense;
b/ To formulate plannings and plans to direct the performance of civil defense tasks;
c/ To propagate and disseminate state laws, local regulations and knowledge on civil defense all people;
d/ To direct and administer civil defense;
dd/ To provide and guide civil defense-guaranteeing activities;
e/ To inspect, examine, conduct preliminary and final reviews of, make commendation for, and handle violations related to, civil defense.
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a/ The Government shall perform the unified state management of civil defense;
b/ The Ministry of Defense shall assume the prime responsibility for assisting the Government in performing the state management of civil defense in the assigned domain throughout the country;
c/ Ministries, ministerial-level agencies and government-attached agencies shall, within the ambit of their tasks and powers, take responsibility before the Government for performing the state management of civil defense in their assigned domains throughout the country;
d/ Peoples Committees at all levels shall, within the ambit of their tasks and powers, perform the state management of civil defense in their localities.
Article 6. Direction of civil defense
1. The Prime Minister shall direct civil defense nationwide.
2. The Minister of Defense shall assist the Prime Minister in directing civil defense in the assigned domains.
Military zone commanders shall assist the Defense Minister in directing and guiding civil defense in the assigned domains in localities in the military zones.
Provincial, district and commune military commands shall advise the Peoples Committees of the same level on civil defense activities under the direction of the Ministry of Defense and the military zone commands.
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4. The presidents of Peoples Committers at all levels shall, within the ambit of their tasks and powers direct and organize the implementation of civil defense in their localities according to law.
Article 7. Standing bodies for civil defense
1. Ministries, ministerial-level agencies and government-attached agencies shall establish their standing bodies for performing civil defense tasks in the assigned domains according to law. Civil defense standing bodies at all levels shall work on a part-time basis. The organizational structure, tasks, powers and working regulations of these bodies shall be decided by ministers, heads of ministerial-level agencies or heads of government-attached agencies.
2. The Ministry of Defense and military zone commands shall organize the standing bodies to assist the Prime Minister, the Minister of Defense and the military zone commanders in following, directing and guiding civil defense in the assigned domains. These civil defense standing bodies shall be located at the Ministry of Defense or military zone commands. The Ministry of Defense shall decide on the establishment and prescribe the organizational structure, tasks, powers and working regulations of the civil defense standing bodies of the Ministry of Defense and the military zone commands.
3. Peoples Committees at all levels shall set up standing bodies to assist the presidents of the Peoples Committees of the same level in directing and organizing the performance of civil defense tasks. Provincial- and district-level civil defense standing bodies shall be located at local military commands or the head quarters of branches. Commune-level civil defense standing bodies shall be located at the offices of commune Peoples Committees.
4. Presidents of provincial or district Peoples Committees shall decide on the establishment and prescribe the organizational structure, tasks and-powers of the civil defense standing bodies of the same level. Presidents of district Peoples Committees shall decide on the establishment and prescribe the organizational structure, tasks and powers of commune-level civil defense standing bodies.
5. Civil defense standing bodies at all levels may use the seals of agencies of the same level for settlement of civil defense-related matters.
CIVIL DEFENSE ORGANIZATION, TRAINING AND OPERATION
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Article 8.Organization of civil defense forces
1. Civil defense forces comprise core forces and popular forces.
a/ Core forces comprise:
- Commune-level militia and police forces; self-defense forces of agencies or organizations;
- Full-time or part-time civil defense forces of the Peoples Army;
- Full-time or part-time civil defense forces of ministries or branches.
b/ Popular forces are participated by all people.
2. Core civil defense forces are organized at different levels.
a/ Full-time or part-time forces of ministries or branches shall perform civil defense tasks in their assigned domains;
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c/ At provincial and district levels: Full-time or part-time teams shall be organized to perform civil defense tasks in each domain. The specific organization of civil defense teams shall be provided for by the Minister of Defense and concerned ministers. Civil defense teams are included in the payrolls of provincial or district agencies or organizations in accordance with their assigned functions, tasks and domains;
d/ At commune level arid in agencies and organizations: Mobile teams or groups shall be organized to prevent, combat and remedy consequences, including communication, notification and warning team; emergency and medical teams; people evacuation groups; logistic and technical groups; environmental sanitation groups. Civil defense teams and groups shall be staffed by militia, self-defense and commune-police forces. The commune military commands and police offices and the military commands of agencies or organizations shall build, train, manage and command civil defense teams and groups.
Article 9. Tasks of civil defense forces
1. To propagate and train in knowledge on civil defense.
2. To forecast dangers and damage levels in areas prone to disasters. To promptly issue notices and warnings upon the occurrence of disasters.
3. To take necessary measures upon the occurrence of disasters, concretely:
a/ Evacuating people and taking assets of the State and people to safe areas; taking camouflaging and covering measures; supplying personal safety equipment, food and foodstuff, drinking water and essential daily-life things for people in disaster-hit areas;
b/ Conducting observation and espionage for timely detection, marking, zoning off, radioactive contamination, disinfection for people, equipment and facilities in areas affected by radioactivity, biological agents or toxic chemicals;
c/ Conducting collapse salvage, search and rescue, restoration of public activities;
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dd/ Supplying fuel, food, foodstuff, medicines and other essentials to disaster-hit areas, isolated areas, restoring normal activities for various forces in disaster-hit areas;
e/ Maintaining security and order; preventing and controlling epidemics and environmental sanitation in disaster-hit areas.
Article 10. Means and equipment for civil defense forces
1. The Ministry of Defense shall assume the prime responsibility for, and coordinate with other ministries and branches in, prescribing the lists of means, equipment and supplies for civil defense activities in the assigned domains under decisions of the Prime Minister; at the same time guide the manufacture, reserve and use thereof in civil defense training and exercises and occurring circumstances.
2. Peoples Committees at all levels and heads of agencies or organizations shall supply necessary equipment, means and supplies for civil defense forces to take measures to protect people and national economy. In case of execution of urgent orders, Peoples Committee presidents may mobilize means, equipment and supplies in their localities for preventing, combating and remedying disaster consequences according to law.
Article 11. Planning of civil defense work systems
1. The building of the civil defense work system at each level upon occurrence of war must be in line with the planning on military disposition in defense areas. The appraisal and approval of plannings and plans on civil defense works shall be conducted under Article 14 of the Governments Decree No. 152/2007/ND-CP of October 10, 2007, on defense areas.
2. The planning of civil defense work systems outside the national defense domain shall be submitted by ministries, ministerial-level agencies or government-attached agencies to the Prime Minister for decision.
3. Combining socio-economic development with the construction of civil defense works; making full use of caves, grottos, terrains, semi-underground works and underground works as shelters for people, agencies and organizations when there is a danger of disaster or war.
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Article 12. Building of forecast, warning and alarming research systems
To consolidate and build research centers, observation posts and stations for earthquake, meteorological and hydrological observation and measurement, tsunami and environmental forecasts, peoples air defense networks at central, regional and local levels, forming forecast, warning, alarming information systems nationwide.
Article 13. Construction of civil defense works
1. The construction of works against enemy attacks by hi-tech weapons or mass destruction weapons shall be stipulated by the Minister of Defense.
2. The construction of civil defense works outside the national defense domain shall be stipulated by ministers, heads of ministerial-level agencies or heads of government-attached agencies.
Section 2. CIVIL DEFENSE TRAINING
Article 14. Propagation, education, training drill and exercise
1. Central and local agencies and organizations may employ mass media and other forms or
propaganda to raise the awareness, consciousness and responsibility of, and popularize the fundamentals on civil defense to, all people.
2. The drill, training and exercise in, and popularization of, measures to prevent, avoid and remedy consequences of hi-tech weapons, mass destruction weapons and other disasters caused to core and popular civil-defense forces shall be organized annually under the Defense Ministrys guidance.
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4. Civil defense exercises in each locality, agency or organization shall be organized by the president of local Peoples Committee the head of that agency or organization under the direction of their immediate superiors.
Article 15. Civil defense training duration
1. The duration of annual civil defense training for the core forces (excluding full time civil defense forces of the Ministry of Defense, other ministries and branches) is 2 days/year in the total military or professional training duration prescribed by law.
2. For pupils, students and trainees in academies, political or administrative schools or mass organizations at different levels, the civil defense training duration is 8 periods/year and included in the defense and security education program of every school year.
3. The civil defense study by cadres, Party members and public servants shall be included in the defense and security knowledge training programs prescribed by law.
Section 3. CIVIL DEFENSE ACTIVITIES
Article 16. Elaboration of civil defense plans
1. Agencies, organizations and localities shall take the initiative in elaborating civil defense plans, which shall be adjusted annually or periodically to suit practical situations.
2. The Ministry of Defense, other ministries and relevant branches shall guide the elaboration of civil defense plans in their assigned domains.
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1. Drawing up and implementing plans on forestation in headwater areas and coastal areas and restoration of submerged, alkaline and ecological forests; taking measures against forest fires under the guidance of the Ministry of Agriculture and Rural Development.
2. Consolidating the system of storm and flood prevention and combat organizations at all levels and branches; strengthening the forecast, notification, warning and alarming systems, ensuring smooth communication to people in danger land and sea areas.
3. Mountainous, border, coastal and island localities shall closely coordinate with the regular army, local army, border guard, navy, coast guard and local police in readying forces and means for search, salvage and rescue of people and means in distress. Vessels operating on the sea must observe regulations on registration and equipment of civil defense means in order to ensure safety upon the occurrence of disasters.
4. Conducting inspection to promptly detect and handle disaster dangers. Areas prone to deep flooding, flash floods, erosion and landslide caused by sea water, earthquakes and forest fires shall work out salvage and rescue plans under the guidance of the Ministry of Agriculture and Rural Development.
5. Ministries, branches, localities, agencies and organizations shall work out plans to protect chemical, nuclear and radiation and toxic biological agent facilities; take measures to cope with and overcome incidents, handle toxic chemical leakages, radiation, fire and explosion, to treat wastewater and garbage and protect the environment under the guidance of the Ministry of National Resources and Environment, the Ministry of Science and Technology, the Ministry of Industry and Trade and other ministries and branches as prescribed by law.
6. Preparing plans to prevent and combat epidemics and reserving medicines to be ready for relief to people upon occurrence of disasters caused by dangerous epidemics under the guidance of the Ministry of Health.
Article 18. Disaster response mechanisms
1. The Ministry of Defense shall direct the military zone commands and local military commands at all levels to advise the Peoples Committees of the same level on the application of measures to ward off, combat and overcome war consequences.
2. Ministries and branches shall direct local specialized agencies to advise the Peoples Committees of the same level on the application of measures to ward off, combat and overcome disaster consequences in their assigned domains.
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4. The heads of provincial -and district-levels agencies or organizations shall personally direct and administer their respective forces in performing civil defense tasks at their agencies or organizations and stand ready for performing tasks in other places when so ordered by the presidents of Peoples Committees of the same level. Provincial-level Peoples Committee presidents may mobilize forces, means and supplies of central agencies and organizations stationed in their localities after reaching agreement with their managing ministries or branches.
Article 19. Receipt and processing of information, notices, warning
1. All information on the danger or occurrence of disasters must be reported to civil defense standing bodies of the same level for examination and processing.
2. After receiving information on the danger or occurrence of disasters, ministries, branches or Peoples Committees at different levels shall notify them to their respective agencies, organizations and people and concurrently report thereon to superior civil defense standing bodies according to regulations.
3. Central and local mass media shall promptly carry news related to civil defense.
Upon warnings, notices or alarms on danger or occurrence of disasters, heads of ministries, branches or Peoples Committees at various levels shall:
1. Organize and maintain the operations of civil defense standing bodies at various levels under decisions of competent authorities defined in Article 7 of this Decree.
2. Direct the application of emergency measures to protect people, agencies, organizations, economic, social, defense and security activities and check anti-disaster facilities for use when necessary.
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4. Administer and command forces under their management to overcome disaster consequences.
5. Strictly follow special measures upon a state of emergency under current provisions of law.
Article 21. Measures to protect people
1. To proactively take preventive measures, prepare in advance protective equipment, and evacuate people to safe areas.
2. To give first aid and search and rescue people and means in distress.
3. To promptly provide relief and ensure food, accommodation and hygiene for people in regions or areas isolated by disasters.
4. To give warnings against entry into disaster-hit areas by unauthorized people and means.
5. To maintain security and order in disaster-hit areas and evacuation places.
6. To conduct detoxication, radioactive decontamination; disinfection of the environment, and address environmental hygiene consequences; to prevent and combat epidemics, stabilize peoples life and restore and develop production.
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a/ To abide by notification and alarming orders and strictly follow instructions of civil defense standing bodies and forces;
b/ To ready personal protective devices for use upon alarms or instructions of civil defense forces;
c/ To give first aid or initial detoxication to themselves or help other persons do so;
d/ To strictly abide by the orders on evacuation and shelter and only leave such places upon orders or safety signals of competent bodies or persons.
8. To strictly comply with special measures upon a state of emergency according to current provisions of law.
Article 22. Measures to protect agencies, organizations and national economy
1. To direct and administer the application of civil-defense measures according to plans and instructions of civil defense standing bodies of the same level.
2. To mobilize forces and means for evacuation of cadres, public servants, laborers and facilities of agencies and organizations to safe areas; to apply camouflaging and covering measures and maintain security and order at dwelling and working places of evacuated agencies and organizations.
3. To address consequences and quickly restore production and routine activities.
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a/ To install safety equipment for sheltering works; to supply personal protective devices;
b/ To issue notices, alarms and guide cadres, public servants and laborers to observe regulations on sheltering and use of sheltering works;
c/ To organize and guide cadres, public servants and laborers to evacuate upon orders; fire-fighting, collapse salvage, search and rescue, detoxication, radioactive decontamination and disinfection forces to stand ready for assigned tasks;
d/ To organize medical treatment and burial of dead persons and animals; to disinfect and decontaminate affected areas and stamp out epidemics; to guide cadres, public servants and laborers to apply anti-epidemic measures;
dd/ To apply measures to maintain security and order, ensure food hygiene and safety, environmental protection; to detect mark and zone off areas affected by radio-activity, biological agents or toxic chemicals, isolating disaster-hit areas and conduct decontamination and disinfection for people and means therein.
5. To strictly comply with special measures upon a state of emergency according to current provision of law.
ASSURANCE OF CIVIL DEFENSE ACTIVITIES
Article 23. Mechanisms for mobilization of means, equipment and supplies
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2. The competence to decide on compulsory purchase and acquisition of assets for application of civil defense measures when it is not to the extent of declaring a state of war complies with Article 24 of the Law on Compulsory Purchase and Acquisition of Assets.
1. Persons, who are not salaried by the state budget, when being mobilized for civil defense training and performance of civil defense tasks by decisions of competent authorities, are entitled to the followings:
a/ Profession-based work day allowances at levels prescribed by provincial-level Peoples Committees. For manual laborers, the minimum allowance level equals 0.04 of the minimum salary under the Governments decision currently in effect (referred to as minimum salary level); for laborers directly exposed to radioactive substances, biological agents or toxic chemicals, the minimum allowance level equals 0.1 of the minimum salary; if they attend training or perform tasks from 22.00 hours to 06.00 hrs of the following day, the allowance level will double; if they perform tasks at dangerous or hazardous places, they will enjoy allowances as prescribed by law,
b/ When they attend training or perform civil-defense tasks at places far away from their residences, being unable to travel to and fro daily, they will be provided by mobilizing authorities with food and accommodation, travel means and expenses or with return tickets and food allowances at levels prescribed by provincial- level Peoples Committees.
c/ Mobilizing authorities shall make the payments.
2. Persons, who are salaried by the state budget, while being mobilized for civil defense training and performance of civil defense tasks by decisions of competent authorities, will be fully paid with salaries, welfare benefits, travel allowances and ticket money by the agencies or organizations where they work: if they work in a hazardous environment or at places eligible for region-based allowances, they are entitled to benefits under current regulations. Contractual laborers, while being mobilized for civil defense training and performance of civil defense tasks, will be temporarily exempt from contractual performance and are not required to pay social insurance.
The above-said expenses will be calculated into budget expenditures for regular activities of agencies.
3. Militia and self-defense officers and combatants and commune policemen who are mobilized for civil defense training and performance of civil defense tasks by decisions of competent authorities are entitled to benefits prescribed by law.
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1. Persons participating in the civil defense forces, if getting sick or accidents in the following circumstances, are entitled to ailment and labor accident allowances:
a/ Getting sick or accidents while on training or duty at working places during both working and non-working hours under decisions of competent authorities;
b/ Getting sick or accidents on their way from their dwelling places to working places and vice versa or while on duty;
c/ If getting health damage due to the use of alcohol, narcotics or other stimulants, they are not entitled to the allowances defined in Clause 1 of this Article.
2. Liabilities of direct commanders and agencies or organizations that issue mobilization decisions upon the occurrence of accidents in the performance of civil defense tasks:
a/ To promptly give first aid and on-spot emergency to victims before transferring them to nearest medical establishments;
b/ To make written records fully describing the accident development, the victims injury, damage levels, causes of accidents, and signed by representatives of collectives of cadres and personnel participating in training or on duty. If they get accidents en route, the records must be stamped and signed by representatives of administrations of the localities where the accidents occur.
3. Benefits and policies applicable to persons getting sick or accidents:
a/ Getting sick: Persons participating in the civil defense forces who get sick while on training or duty, will be paid for their expenses if they have not yet bought health insurance premiums; if they die, they will receive death allowances and funeral costs like social insurance buyers;
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- Being paid for medical expenses from the time of receiving first aid and emergency treatment till complete hospitalization and being discharged from hospital;
- After hospitalization, being recommended by functional bodies for assessment of their working capacity at medical examination councils according to law;
- In case persons who do not buy social insurance premiums have their working capacity reduced by 5% or higher, they will be entitled to lump-sum allowances at levels guided by the Ministry of Labor, War Invalids and Social Affairs. If they are social insurance buyers, they will enjoy allowances prescribed by the law on social insurance;
- If a victim loses one or several bodily parts or functions as manifest in various forms of disability, reducing his/her activity capacity and hampering his/her labor, daily-life activities and study, he/she will be entitled to the preferential treatment prescribed by law for disabled people;
c/ In case of death, including death during the first-time hospitalization, if the dead persons do not buy social insurance premiums, persons who directly conduct their funerals will receive funeral money equal to 8 (eight) months of minimum salary and their families will be given a lump-sum allowance equal to 5 (five) months of minimum salary. If dead persons are social insurance buyers, they will enjoy benefits and policies under the law on social insurance.
4. Sickness and accident allowances will be paid by local budgets. For health insurance buyers, hospitalization costs will be covered by the health insurance fund; for social insurance buyers, death allowances and lump-sum of annual allowances will be covered by the social insurance fund.
5. Militia and self-defense officers and combatants performing civil defense tasks under decisions of competent authorities and getting accidents are entitled to benefits prescribed by the law on militia and self-defense forces.
Persons participating in the civil defense forces who perform tasks defined by Article 8 of this Decree, displayed courageous acts to save people or assets of the State, or people, then get wounded or sacrificed their lives, will be considered for enjoyment of preferential policies under law.
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1. The compensation for damage caused to acquisitioned means, equipment and supplies complies with Articles 34, 35, 36, 37, 38 and 39 of the Law on Compulsory Purchase and Acquisition of Assets.
2. The fund for payment of compensation for damage caused to acquisitioned means, equipment and supplies complies with Article 40 of the Law on Compulsory Purchase and Acquisition of Assets.
Article 28. Budget sources for civil defense
1. Annual budgets for civil defense at ministries, ministerial-level agencies, government-attached agencies, other central agencies or organizations are estimated in the state budget according to the State Budget Law.
2. .Annual budgets for civil defense in localities are supplied by local budgets.
3. Budgets for civil defense at enterprises are accounted as their production and business costs.
Article 29. Budget expenditures for civil defense activities
1. Organization of civil defense forces and training activities.
2. Compensation for damage caused to means, equipment and supplies acquisitioned or mobilized for civil defense training, exercises, examinations and task performance.
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4. Payment for workday and food allowances; sickness, accident, injury or death allowances for persons-mobilized for civil defense training and task performance under law.
5. Supply of material conditions, documents and syllabuses on civil defense training and education.
6. Civil defense exercises in localities, agencies and organizations.
7. Construction of infrastructures, sheltering works at evacuation places, reception stations, warehouses for reserve means, technical supplies, fuel, food, foodstuff, medicines and drinking water for civil defense tasks.
8. Construction of key civil defense works.
9. Inspection, examination, preliminary and final review of civil defense activities and commendation.
10. The decentralization of procurement of means and supplies and construction of civil defense works will be guided by the Ministry of Defense in coordination with the Ministry of Planning and Investment, the Ministry of Finance and concerned bodies.
IMPLEMENTATION RESPONSIBILITIES
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1. The Ministry of Defense
a/ To assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment and concerned ministries and branches in, assisting the Prime Minister in planning and directing the implementation of civil defense tasks in the assigned domains throughout the country;
b/ To assume the prime responsibility for, and coordinate with the Ministry of Education and Training, the Ministry of Labor, War Invalids and Social Affairs, concerned ministries and branches in, formulating programs on, and contents of, civil defense propagation, education, training and exercise for the core forces, cadres and public servants, pupils, students, trainees and all people in the assigned domains;
c/ To direct the military zones and local military commands of all levels to advise the Peoples Committees of corresponding levels in carrying out civil defense activities in the assigned domains;
d/ To direct the construction of civil defense works, search and rescue, address of disaster consequences caused by wars; to direct and command forces under its management to perform the tasks of salvage, rescue and disaster remedy under the Prime Ministers assignment;
dd/ To assume the prime responsibility for, and coordinate with the Ministry of Construction and concerned ministries and branches in, appraising plannings and plans on construction of works defined in Articles 11,12 and 13 of this Decree to meet civil defense requirements;
e/ To assist the Prime Minister in organizing the inspection, preliminary and final review of, and commendation for, civil defense activities in the assigned domains.
2. The Ministry of Public Security
a/ To coordinate with the Ministry of Defense and concerned ministries and branches in performing the tasks specified at Points a, b, e and f, Clause 1 of this Article;
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c/ To direct police forces to organize personnel and means for search and rescue as well as disaster remedy;
d/ To build, manage and employ the full-time police force for fire prevention and fighting under the Law on Fire Prevention and Fighting.
3. The Ministry of Health
a/ To direct and guide medical establishments, hospitals, institutes and preventive medicine centers to ready personnel, medical equipment and medicines for mobile emergency treatment, transport and hospitalization of victims, and provide preventive treatment;
b/ To direct its attached agencies, organizations and units to ready personnel, medical equipment and medicines for emergency treatment, transport and hospitalization of victims: preventive treatment, environmental sanitation and stamp out of dangerous epidemics.
4. The Ministry of Agriculture and Rural Development
a/ To assume the prime responsibility for, and coordinate with other ministries, branches and localities in, applying all measures specified in Clauses 1, 2, 3 and 4, Article 17 of this Decree to mitigate disaster consequences;
b/ To coordinate in formulating and implementing food security plans, meeting civil defense requirements.
5. The Ministry of Natural Resources and Environment
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b/ To assume the prime responsibility for, and coordinate with the Ministry of Defense, the Ministry of Information and Communication and concerned ministries and branches in, building research centers, natural and environmental disaster- forecast and- warning systems related to civil defense.
6. The Ministry of Planning and Investment
To assume the prime responsibility for, and coordinate with the Ministry of Defense, the Ministry of Finance and concerned ministries and branches in, appraising projects according to regulations, ensuring the combination of socio-economic development with civil defense requirements during peace and war time; to incorporate development investment budgets in annual budget estimates to ensure the performance of civil defense tasks by ministries, branches and localities.
7. The Ministry of Finance
a/ To promulgate or submit to competent authorities for promulgation documents on the management and use of civil defense budgets; to coordinate with concerned ministries and branches in ensuring budgets for the performance of civil defense tasks;
b/ To direct the implementation of plans on national reserves assigned by the State; to provide in time and adequately supplies and commodities in service of civil defense activities on competent authorities orders.
8. The Ministry of Transport
a/ To assume the prime responsibility for, and coordinate with the Ministry of Defense and concerned ministries and branches and provincial-level Peoples Committees in, formulating and realizing plans and schemes for combined use of forces, means, equipment and supplies for civil defense tasks; administer land, waterway and airway search and rescue teams; and upon occurrence of disasters, to direct and guide localities in organizing teams to evacuate people and means to safe areas, logistical supply and medical evacuation;
b/ To coordinate with the Ministry of Defense and the Ministry of Foreign Affairs in directing the maritime and air transport sectors in permitting and coordinating with foreign forces and means in search and rescue activities upon occurrence of disasters.
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a/ To assume prime responsibility for, and coordinate with concerned ministries and branches in, promulgating documents guiding construction norms and standards applicable to works and investment projects according to civil defense requirements;
b/ To direct enterprises under its management in coordinating with localities where they are stationed in organizing teams to overcome disaster or war consequences;
c/ To coordinate with the Ministry of Defense and the Ministry of Planning and Investment in appraising socio-economic development plannings and plans to meet the civil defense requirements specified in Articles 11, 12 and 13 of this Decree.
10. The Ministry of Information and Communication
a/ To assume prime responsibility for, and coordinate with concerned ministries and branches in, specifying frequencies for stand-by duties or emergency rescue, working out plans to ensure the rights to priority use of means of communication in service of civil defense direction and administration;
b/ To coordinate with the Ministry of Defense and the Ministry of Natural Resources and Environment in, building communication, notification and alarm networks between observation posts, observation and measurement stations, research centers and civil defense standing bodies at all levels according to Article 12 of this Decree;
c/ To direct its attached agencies and units, post and telecommunications enterprises in mobilizing personnel and means of the branch for participating in ensuring communication in civil defense tasks; to use mass media for civil defense propagation and education to all people as provided for in Clause 1, Article 14 of this Decree.
11. The Ministry of Industry and Trade
a/ To strictly manage the production and exploitation of nuclear electricity, minerals, toxic chemicals, industrial explosives in order to minimize the danger of disasters in the industrial domain; to strictly manage the export and import of toxic and dangerous chemicals; to coordinate with the Ministry of Planning and Investment in formulating plans for energy reserves in order to maintain defense, security and socio-economic activities and serve civil defense tasks;
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c/ To stabilize market prices, ensuring essential goods items for people in disaster-hit areas and upon occurrence of wars.
12. The Ministry of Labor, War Invalids and Social Affairs
a/ To assume the prime responsibility for, and coordinate with concerned ministries, branches, agencies and provincial-level Peoples Committees in, providing emergency social relief and properly applying policies to persons performing civil defense tasks when they are sick, get accidents, are injured or dead or sacrifice their lives;
b/ To coordinate with the Ministry of Defense in guiding the benefits and policies for civil defense personnel when they are on training, exercises or perform civil defense tasks.
13. The Ministry of Foreign Affairs
a/ To direct its attached units, overseas Vietnamese diplomatic missions and consulates to coordinate with foreign countries and international organizations in search for and rescue of people and means of Vietnamese organizations or individuals in distress when operating at international seas, including maritime and airway search and rescue zones;
b/ To assume the prime responsibility for, and coordinate with other ministries and branches through diplomatic channels, in requesting foreign functional bodies to assist in organizing search for and rescue of Vietnamese people and means in distress; carrying out necessary procedures and solving arising problems in order to bring home such people and means;
c/ To coordinate in, and guide the salvage and rescue of foreign individuals and means in distress in the Vietnamese territory.
14. Ministries, branches and other central agencies and organizations
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b/ To propagate and educate cadres, public servants and laborers under their management in civil defense contents and measures;
c/ To direct their attached agencies and units in organizing the implementation of civil defense plans and measures in the domains under their charge; at the same time direct in time the organization of their forces and means for the performance of civil defense tasks on the mobilization orders of competent authorities;
d/ To coordinate with the Ministry of Defense in conducting the inspection, examination, preliminary and final review of civil defense activities.
Article 31. Responsibilities of Peoples Committees at various levels
1. To promulgate according to their competence guiding documents on civil defense in their localities; direct the thorough study and implementation of civil defense tasks.
2. To propagate and mobilize cadres, public servants, laborers and commoners to participate in civil defense.
3. To formulate and realize plans and schemes on mobilization of personnel, means and supplies of their localities, of central agencies or organizations operating in the localities to perform civil defense tasks under the direction of superior civil defense standing bodies.
4. To direct the organization of force building, training and exercises on civil defense for personnel under their management.
5. To organize forces under their respective management to apply measures to ward off, combat and address disaster consequences and protect people once wars break out.
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7. To implement regulations and policies applicable to civil defense activities.
8. To direct and conduct the inspection, examination, preliminary and final review of, and commendation for, civil defense activities in localities.
Commendation and handling of violations
Organizations and individuals that record achievements in civil defense activities shall be commended according to state regulations.
Article 33. Handling of violations
Organizations and individuals that commit violations related to civil defense activities shall be disciplined, administratively handled or examined for penal liability according to law, depending on the severity and nature of their violations.
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Article 34. Implementation effect
This Decree takes effect 15 days after its publication in CONG BAO.
Article 35. Responsibilities for guiding the implementation
1. The Ministry of Defense shall assume the prime responsibility for, and coordinate with concerned ministries and branches in guiding the implementation of this Decree.
2. The Ministry of Defense shall assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment and the Finance Ministry in, guiding the provision of budget, means and supplies for performance of civil defense tasks.
3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, presidents of provincial/municipal Peoples Committees and concerned bodies shall implement this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung
Decree No. 117/2008/ND-CP of November 14, 2008, on Civil defense.
- Số hiệu: 117/2008/ND-CP
- Loại văn bản: Nghị định
- Ngày ban hành: 14/11/2008
- Nơi ban hành: Chính phủ
- Người ký: Nguyễn Tấn Dũng
- Ngày công báo: Đang cập nhật
- Số công báo: Đang cập nhật
- Ngày hiệu lực: Kiểm tra
- Tình trạng hiệu lực: Kiểm tra