Tiếng Việt| THE GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
| No. 32-CP | Hanoi ,May 20, 199 |
THE GOVERNMENT
Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Ordinance on the Prevention and Fight against Floods and Storms of March 8, 1993;
At the proposal of the Minister of Agriculture and Rural Development,
DECREES:
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Article 2.- In this Decree the following terms are construed as follows:
1. Inundation is a water immersion deeper than the normal level.
2. Flood is the level and flow of water in the rivers and streams which surpass the normal level.
3. Storm is a clockwise tropical cyclone arising from the sea with the velocity of wind from degree 8 to degree 11 (wind speed of from 62 km to 117 km/hour).
4. Big storm is a clockwise tropical cyclone arising from the sea with wind speed upward of degree 12 (118km and more per hour).
5. Tropical depressure is a cyclone arising from the sea with wind speed of from degree 6 to degree 7 (from 39 to 61km/hour).
6. Cyclone is a whirlwind with wind velocity equivalent to the wind speed of a storm but which is formed and disperses within a short time and acts within a narrow scope from a few kilometers to a few scores of kilometers in diameter.
7. High sea water is the rising of the sea water higher than the normal tide caused by a storm or other atmospheric turbulences.
8. Landslide is the sudden loss of stability of the surface soil caused by rain, flood, storm or sea waves.
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- Directly counter, limit or reduce the impact of floods and storms.
- Help in the forecast, warning, command and guidance of the prevention and fight against floods and storms.
10. The constructions related to the projects to prevent and fight against floods and storms are specialized projects installed within the area of protection for the safety of the projects for prevention and fight against floods and storms of which any incident might cause the loss of safety of such projects.
STATE MANAGEMENT OF FLOOD AND STORM PREVENTION AND COMBAT
The Standing Committee of the Central Steering Committee for the Prevention and Fight against Floods and Storms is headquartered at the Ministry of Agriculture and Rural Development. It has the responsibility of organizing and coordinating with the related agencies in studying and working out the strategy, general plan, plans and specific projects on the prevention and fight against floods and storms and carrying out its function of specialized inspection in the prevention and fight against floods and storms and in the settlement of their consequences; putting forth measures of preventing and checking all acts of violation of the legislation on dykes and on the prevention and fight against floods and storms.
1. Helping the Government in directing and coordinating with the concerned agencies in executing the function of specialized State management of the prevention and fight against floods and storms.
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3. Inspecting and promoting the prevention and fight against floods and storms.
4. Directing the preparations to cope with the evolution of the floods and storms.
5. Reviewing the situation and making public figures about the losses and proposing to the Government measures to overcome the consequences of the floods and storms.
In Ho Chi Minh City there will be a Steering Sub-Committee for the Prevention and Fight against Floods and Storms to help the Head of the Central Steering Committee in monitoring the prevention and fight against floods and storms and in overcoming their consequences in the southern provinces.
The Agriculture and Rural Development Service is the standing agency of the Committee for the Prevention and Fight against Floods and Storms in the province.
1. At the center:
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The Department shall set up a sub-department in Ho Chi Minh City to act as standing office of the Steering Sub Committee for the Prevention and Fight against Floods and Storms in the southern provinces.
The tasks, powers and organization of the apparatus of the Office of the Central Steering Committee for the Prevention and Fight against Floods and Storms and of the Office of the Steering Sub-Committee for the Prevention and Fight against Floods and Storms shall be defined by the Minister of Agriculture and Rural Development in consultation with the Head of the Central Steering Committee for the Prevention and Fight against Floods and Storms.
2. In the localities:
a/ At the provincial level:
The Service of Agriculture and Rural Development is the standing committee of the provincial Committee for prevention and fight against floods and storms:
- In the provinces protected by dykes: the Section for the management of dykes and for the fight against floods and storms of the Service of Agriculture and Rural Development shall also act as the standing office of the Committee for the Prevention and Fight against Floods and Storms of the province to help this Committee carry out the function of State management in this work in the locality.
- In other provinces an agency of the Service of Agriculture and Rural Development shall also act as standing agency of the provincial Committee for the Prevention and Fight against Floods and Storms to help this Committee carry out its function of state management in this work in the locality.
The tasks, powers and organization of the apparatus of the office of the provincial Committee for the Prevention and Fight against Floods and Storms shall be defined by the Head of the Committee for the Prevention and Fight Against Floods and Storms in the province.
b/ In the districts, towns and cities under the province (district for short): the Section of Agriculture and Rural Development shall be the standing body to counsel the district Committee for the prevention and Fight against Floods and Storms to carry out its State management function in this work within its jurisdiction.
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At every project for the prevention and fight against floods and storms and each key and strategic area, the managing agency must work out its plan for preventing and fighting against floods and storms and submit it for approval and must organize the Committee for this work with regard to the project, arrange a specialized or semi-specialized force to handle every incident at the project. At the same time there must be a clear assignment of the responsibility of each in the execution of this plan.
PREVENTION AGAINST FLOODS AND STORMS
The People’s Committees at all levels shall have to coordinate with the people’s organizations in the locality to organize, mobilize and guide the people to take the initiative for active preparations to cope with floods and storms.
Article 10.- The plan to prevent floods and storms is stipulated as follows:
1. The ministries, ministerial-level agencies, the agencies attached to the Government must work out plans to provide against disasters caused by floods and storms to the installations under their management, organize the inspection of the preparations in this respect in their localities and their grass-roots according to their managerial function and responsibility.
2. The People’s Committees at all levels must work out the plan for Prevention and Fight Against Floods and Storms in the whole of their territories as well as for each key project in their localities.
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3. All organizations and individuals must take necessary measures to prevent floods and storms and carry out the tasks assigned by the State managerial agency in this work.
1. The Ministry of Agriculture and Rural Development:
a/ To direct the provinces to ensure, strengthen and build the system of dykes, to organize the management of the dyke systems, set up the warning stations against floods and storms; to provide advanced technological means and equipment for the warning work, to direct the execution of the command of the Central Steering Committee and guide the consolidation of the system of command and warning from the center down to the grassroots, to direct the different services and localities to take measures to ensure the safety of the dykes, the reservoirs and other flood and storm prevention and combat projects.
b/ To work out the norms for the prevention and fight against floods and storms for each region and urge the ministries and branches to work out the safety norms in the fight against floods and storms with regard to the installations managed by these ministries and branches.
c/ To issue documents to guide the management of investment in the construction and reinforcement of the dykes and drainage systems for the rivers within their competence and responsibilities as defined for the work of dyke protection and the prevention and fight against floods and storms.
d/ To guide the population in the flood and storm-prone localities and to urge the population organizations to protect their agricultural production and reschedule their cropping seasons and change the strains of the plants and the reproductive cycles of their domestic animals in order not to coincide with the periods where floods and storms usually occur in the locality.
e/ To guide and promote the strengthening, planting and protection of headwater protection forests, the tree belts and the wave damming projects, to reduce the flow of the rivers and to shield against the wind and sand invasion along the streams, rivers and the coast.
2. The General Department of Meteorology and Hydrology shall have to provide advanced technologies for the system of specialized communication in order to ensure the timely collection of full and accurate information necessary for the plan of prevention and fight against floods and storms, weather and hydrology forecast, forecast on floods and storms on the global scale as well as in the region and in the country. At the same time it has to supply hourly the information to the Central Steering Committee for the Prevention and Fight against Floods and Storms right after it receives alert from the Second Degree upward.
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4. The Ministry of Aquaculture shall have to guide, inspect and promote the prevention and avoidance of storms for the fishermen operating on the sea, the protection of the means at their shelters as well as the protection of production establishments and the aquacultural institutions and projects.
5. The Ministry of Communications and Transport shall have to give priority to and ensure uninterrupted circulation for the means of transport in their task of dyke protection and the prevention and fight against floods and storms, build, strengthen and upgrade the main transport routes from the center to the provinces which are prone to floods and storms in order to prevent traffic disruption; to ensure uninterrupted transport even during the flood and storm; to take measures to protect the ports, storages and goods and guide the communication and transport activities in the areas threatened or affected by floods and storms.
6. The Ministry of Construction shall have to guide, inspect and promote the observance of the prescribed norms in the construction of civil and industrial installations in order to ensure safety against floods and storms for each grade of the constructions, guide the population in the building and refurbishment of houses in order to limit the losses and damage caused by floods and storms.
7. The Ministry of Industry shall have:
- To guide, inspect and promote the protection of the reservoirs under its management and ensure that the power plants and the electric grids can operate safely right during the flood and storm.
- To organize the prevention and fight against floods and storms and protect the establishments under its management especially the factories using noxious chemicals; to prevent landslides and ensure the safety in the areas where lie tunnels and pits for mineral exploitation.
8. The Oil and Gas Service shall have to organize the prevention and fight against storms, the rising of sea water, to protect the projects of prospection and exploitation of oil and gas and the other establishments under its management.
9. The Ministry of Defense shall have to organize the forces and means for dyke protection and the fight against floods and storms at the request of the Committees for the Prevention and Fight against Floods and Storms and to work out plans for the timely rescue and reinforcement of the key areas which need protection.
10. The Ministry of Education and Training shall have to include in its teaching programs at the schools the general knowledge about floods and storms.
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12. The Ministry of the Interior shall cooperate with the various concerned levels and services to work out a plan for the protection of the key projects and a program to ensure security and social order and safety in the areas of flood diversion and the areas affected by floods and storms.
13. The Ministry of Health shall have to make good preparations in medicaments and medical treatment facilities and shall guide and promote the implementation of the plan of first aid and prevention of epidemics which usually break out after the occurrence of floods and storms.
14. The Ministry of Finance shall prepare the fiscal balance and disburse in time the capital for the maintenance and reinforcement of dykes, the forecast and warning against floods and storms and the settlement of their consequences.
15. The Ministry of Planning and Investment shall give priority to the supply of capital for the construction and reinforcement of dykes and the prevention and fight against floods and storms.
16. The other ministries and branches shall have to exert their managerial functions concerning the prevention of floods and storms, the protection of storages and economic establishments under their management.
17. The Voice of Vietnam Radio and the Vietnam Television shall have to broadcast in time on the mass media the information about the forecast and warnings against floods and storms, the orders or documents guiding the prevention, fight and avoidance of floods and storms sent by the Central Steering Committee for the Prevention and Fight against Floods and Storms, and organize the wide and deep dissemination among the population of the knowledge and experiences as well as the Ordinance on the Prevention and Fight against Floods and Storms.
18. The Central Steering Committee for the Prevention and Fight against Floods and Storms shall base itself on its function and tasks already defined by the Government to guide, inspect and evaluate the plans and the implementation of the prevention against floods and storms by different levels and branches.
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For the storages which had existed before the promulgation of this Decree the owner must take measures to ensure their safety and to prevent the pollution of the environment when a flood or storm occurs.
Any organization or individual which causes obstacles which prevent the draining of flood water shall have to remove these obstacles. In case of delay the agency managing the prevention and fight against floods and storms has the right to handle the case in order to ensure the timely evacuation of the flood water. The organization or individual which causes the obstacle shall have to bear all expenses for the removal of the obstacle.
The Ministry of Communications and Transport shall set up a model for the organization and work out the operating statute of these stations and submit them to the Prime Minister for decision.
All passenger boats must have the necessary quantity of lifebuoys for the passengers.
The Minister of Communications and Transport shall provide in detail for the quantity of necessary communications and signals, the means of rescue for passengers and for the ships and provide for the minimum knowledge about the prevention and fight against storms for the ship crew so that they may act in time after receiving the warning against a storm.
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In the districts where lie ferry or ferries the Communications Section of the district must periodically check the quality of the ferry or ferries, the qualification of the driver and the lifebuoys in order to ensure the safety of the transport activities especially during the rainy and storm season.
Before putting a ship into operation the owner of the means and the ship captain shall have to check the above equipment. If the ship does not carry the necessary equipment to ensure safety, it is not allowed to operate.
In case a ship or boat is put into operation without the necessary safety equipment, if the transport control and inspection detects the infraction, the owner of the ship or boat shall have to bear full responsibility. If losses are incurred due to this deficiency the owner and the captain of the ship must take responsibility before law and must pay compensation for any losses.
FIGHT AGAINST FLOODS AND STORMS
1. To take the initiative and urgent measures to rescue and protect the population, the projects and properties threatened or damaged by the flood or storm.
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3. To deploy in time the forces and means for the prevention and fight against floods and stormsaccording to plan or the decision of the administration and the agency in charge of this work.
4. To disseminate fully and in time all information from the agencies in command and the agencies to prevent and fight against floods and storms;
5. To organize permanent monitoring at the agency directing the prevention and fight against floods and storms according to the regime of patrol and guard at the projects for the prevention and fight against floods and storms;
6. To preserve social order and safety in the area affected by the flood or storm under the guidance of the police.
7. To organize self-protection and take measures to prevent and fight against floods and storms for the unit and the family, at the same time to join in the prevention and fight against floods and stormsaccording to the plan already approved and under the guidance of the Steering Committee in the locality.
All acts of any organization or individual of taking advantage of the flood or storm to infringe upon the property of the State, the collective and the citizens are strictly prohibited.
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OVERCOMING THE CONSEQUENCES OF FLOODS AND STORMS
1. The People’s Committees at all levels have the responsibility to coordinate with the concerned branches to organize the rescue of people and properties;
To get immediately informed of the situation of the losses in order to report it to the authorized agency and deploy immediately the forces to overcome the consequences of the flood and storm.
2. The General Department of Statistics shall guide and promote the verification of the statistics and the evaluation of the losses caused by the flood or storm.
3. The heads of the various branches, the Presidents of the People’s Committees at various levels, the responsible managers of the projects damaged by the flood or storm shall direct the restoration of the projects and overcome the consequences, organize and guide the population to stabilize life and restore production; report in time the result of the settlement of the consequences to the Government, the higher concerned agencies and propose the necessary measures of aid.
1. The Central Steering Committee for the Prevention and Fight against Floods and Storms shall make a general review of the situation and propose to the Government measures of remedy and guide the various branches and levels to carry out the measures decided by the Government.
2. The Ministry of Agriculture and Rural Development shall have to:
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+ Guide the localities to overcome the consequences, restore production and stabilize the life of the population.
+ To guide and direct the localities to repair the dykes and other projects of prevention and fight against floods and storm that have been destroyed or damaged by the flood or storm.
3. The Ministry of Aquaculture shall have to guide the localities to overcome the consequences and restore the production establishments and the fishing facilities.
4. The Ministry of Health shall have to guide the rescue of victims at the medical establishments and to prevent the outbreak of epidemics in the affected areas.
5. The Ministry of Labor, War Invalids and Social Affairs shall guide and direct the provision of aid to the population in the stricken areas, in particular, with regard to the beneficiaries of entitlement policies and the poor households.
6. The Ministry of Science, Technology and Environment shall guide the localities to overcome the environmental pollution caused by the flood or storm and carry out measures for environmental and ecological hygiene.
7. The Ministry of Planning and Investment shall have to balance the sources of capital to restore the dykes and other projects for Prevention and Fight Against Floods and Storms and the other infratructural works damaged or destroyed by the flood or storm.
8. The Ministry of Finance shall disburse budgetary fund in time after each flood and storm for the repair of dykes and other projects for the Prevention and Fight Against Floods and Storms and for overcoming their consequences.
9. The Ministry for Foreign Affairs shall together with the Central Steering Committee for Prevention and Fight Against Floods and Storms inform the international organizations and call for international aid in case of major natural calamities in the localities.
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FINANCIAL SOURCES FOR THE PREVENTION AND FIGHT AGAINST FLOODS AND STORMS
1. The State budget: regular allocation every year and urgent disbursement when a flood or storm occurs.
- Investment in capital construction of dykes and other projects for prevention and fight against floods and storms.
- For the strengthening and maintenance of dykes and other projects for Prevention and Fight Against Floods and Storms and for the projects on flood and storm warning.
- For the emergency handling of incidents of the dykes and other projects for Prevention and Fight Against Floods and Storms and the overcoming of their consequences.
2. The fund for the Prevention and Fight Against Floods and Storms of the locality shall be contributed by the population according to the common prescriptions of the Government. The following organizations and individuals shall have to contribute to this fund:
- The individual citizens (excluding the contribution made in the form of obligatory community labor as prescribed by the Ordinance on Community Labor).
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3. The Ministry of Agriculture and Rural Development shall coordinate with the Ministry of Finance, the Ministry of Planning and Investment and the concerned ministries and branches to work out and submit to the Government for approval the level of contribution to the annual fund of the locality for the prevention and fight against floods and storms.
4. The aid sources from the organizations of the United Nations, the various countries and the non-governmental organizations, the emergency aid of the organizations and individuals in the country and abroad when a flood and storm disaster occurs.
The emergency allocations from the State Budget shall be deducted from the national reserve fund approved by the Government to aid the localities seriously damaged by natural calamities at the proposal of the Presidents of the People’s Committees of the province and cities directly under the Central Government, the Head of the Central Steering Committee for the Prevention and Fight against Floods and Storms and the other concerned ministries.
The use of the aid money and goods for other purposes is strictly forbidden.
1. The Ministry of Agricultural and Rural Development:
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- To earmark part of the State reserve fund for plant protection medicine, veterinary medicaments, plant strains and animal strains in order to join in the overcoming of the consequences and restoration of agricultural production.
2. The Ministry of Communications and Transport is allowed to keep a reserve of a number of bridge girders, ferry boats, launches and other necessary materials for overcoming the incidents and ensure traffic on a number of main roads as ratified by the Government.
3. The Ministry of Health is allowed to keep a reserve of medicaments against epidemics and for medical treatment at the center and in a number of localities convenient to their transportation in service of the fight against floods and storms. This amount of medicaments shall be renewed for yearly use.
4. The Ministry of Industry is allowed to keep in reserve an amount of materials necessary for overcoming accidents in the main power plants, electric lines and transformer stations.
5. The Post Service shall keep a reserve of materials and equipment necessary for overcoming accidents in communication in order to assure the uninterrupted communication in service of the prevention and fight against floods and storms.
6. The Ministry of Trade is allowed to keep in reserve an amount of oil paper and other roofing materials in service of the overcoming of the consequences of the floods and storms and shall guide, inspect and promote the reserve of essential goods in the key areas prone to floods and storms in anticipation of possible traffic disruption.
7. The other branches of production and business are allowed to keep in reserve some materials in service of the fight against floods and storms.
The Ministry of Planning and Investment and the Ministry of Finance shall balance their revenues and expenditures and draw up the plan to keep a reserve of the above-mentioned materials at the proposal of the concerned ministries and submit them to the Prime Minister for examination and ratification.
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SPECIALIZED INSPECTION OF THE PREVENTION AND FIGHT AGAINST FLOODS AND STORMS
The Head of the Department for the Prevention and Fight against Floods and Storms and the Management of the Dykes under the Ministry of Agriculture and Rural Development and the Director of the Agriculture and Rural Development Service shall organize and implement the inspection of the prevention and fight against floods and storms within their functions, tasks and powers.
1. To inspect the observance of law and the regulatory documents of the State on the prevention and fight against floods and storms and the other related works and the overcoming of the consequences of floods and storms.
2. To inspect the construction, reinforcement, protection and use of the dykes and the dyke reinforcement and the fight against floods.
3. To inspect the execution of the task of managing and protecting the major reservoirs, the flood diversion, delaying and drainage and other works related to these projects;
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5. To inspect the other activities related to the legislation on the prevention and fight against floods and storms.
On behalf of the Government
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- 1 Decree No. 08/2006/ND-CP of January 16, 2006 , stipulating in detail some articles of ordinance on flood and storm prevention and fight amended and supplemented on August 24, 2000
- 2 Decree No. 08/2006/ND-CP of January 16, 2006 , stipulating in detail some articles of ordinance on flood and storm prevention and fight amended and supplemented on August 24, 2000