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|
NATIONAL
ASSEMBLY OF VIETNAM |
SOCIALIST
REPUBLIC OF VIETNAM |
|
Law No. 18/2023/QH15 |
Hanoi, June 20, 2023 |
Pursuant to Constitution of the Socialist Republic of Vietnam;
The National Assembly promulgates the Law on Civil Defense.
This Law prescribes rules and operations of civil defense; rights, obligations, and responsibilities of agencies, organizations, and individuals in civil defense operations; state management and resources serving civil defense.
In this Law, the terms below are construed as follows:
1. “civil defense” is a part of national defense, consists of solutions for preparing for, mitigating, and recovering from consequences of war; preparing for, mitigating, and recovering from consequences of adverse events, catastrophes, natural disasters, diseases; protecting the People, agencies, organizations, and national economy.
2. “an adverse event” means an irregular situation brought by natural disasters, diseases, humans, consequences of war that causes or threatens to cause damage to human, property, and/or the environment.
3. “a catastrophe” means an event caused by natural disasters, dangerous and widespread diseases, humans, or consequences of war which causes serious damage to human, property, or the environment.
4. “vulnerable population” means an individual or a group of individuals whose characteristics and situations cause them to suffer from impact of an adverse event or a catastrophe more than other people in a community do, includes children, the elderly, pregnant women or women raising children under 36 months of age, people with disabilities, people suffering from terminal illnesses, poor people, incapacitated people, ethnic minorities living in areas with disadvantaged socio-economic conditions, people living in areas with extremely disadvantaged socio-economic conditions, and other individuals as per the law.
Article 3. Rules in civil defense operations
1. Complying with the Constitution, regulations and law of Vietnam, and international treaties to which the Socialist Republic of Vietnam is a signatory.
2. Operating under leadership of the Communist Party, joint management of the Government; utilizing the role and participation of the Vietnamese Fatherland Front, socio-political organizations, unions, and the People.
3. Being jointly organized from central to local government; receiving assignments, decentralization, and closely cooperating with agencies, organizations, and forces in civil defense operations.
4. Civil defense must be prepared early and remotely and centered primarily around preparedness; combine four-on-the-spot principles with backup, assistance of central governments, local governments, and international communities; rely on active assessment of risk of adverse events and catastrophes, identification of civil defense level, and application of appropriate civil defense measures to promptly respond to, recover from consequences of war, adverse events, catastrophes, natural disasters, diseases, protect the People, agencies, organizations, national economy, and mitigating damage to humans and property.
5. Combine civil defense with national defense and security, socio-economic development, protection of human lives, health, and property, protection of the environment, ecosystem, and adaptation to climate change.
6. Application of measures and mobilization of resources in civil defense must be timely, reasonable, feasible, effective, efficient, appropriate to subjects and level of civil defense according to this Law and other relevant law provisions.
7. Civil defense operations must maintain humanitarianism, fairness, transparency, gender equality, and prioritize vulnerable population.
Article 4. Application of the Law on Civil Defense and relevant law provisions
1. Civil defense operations in Vietnamese territory shall conform to the Law on Civil Defense and relevant law provisions.
2. If other laws promulgated prior to the effective date hereof prescribe otherwise regarding preparedness, response, and recovery from consequences of adverse events and catastrophes and do not contradict this Law, these laws shall prevail.
3. If other laws promulgated after the effective date hereof require specific regulations on civil defense that are different from those under the Law on Civil Defense, it is necessary to identify specific provisions that comply or do not comply with the Law on Civil Defense and provisions that comply with other laws.
Article 5. Government policies regarding civil defense
1. Prioritize construction of specialized civil defense structures according to planning and plan; procure civil defense equipment.
2. Improve capability of civil defense forces, develop special forces with modern and professional organization, equipment; increase dual-use equipment and instruments in armed forces.
3. Mobilize resources of agencies, organizations, and individuals in conducting civil defense operations.
4. Develop, research, transfer, and apply science, high technology, advanced and modern technology in civil defense operations.
5. Provide personnel training and advanced training, attract high quality human resources to serve civil defense operations.
6. Encourage and enable agencies, organizations, and individuals to make physical, financial, and mental contributions to civil defense operations on the voluntary basis, not contradicting Vietnamese laws and conforming to international laws.
7. Ensure national reserve for civil defense operations.
Article 6. Information on adverse events and catastrophes
1. Information risks and development of adverse events, catastrophes must be timely, accurate, and delivered in Vietnamese language and other languages appropriate to recipients, especially vulnerable populations. If necessary, the information shall be delivered in ethnic minority’s languages and foreign languages.
2. Basic information on adverse events and catastrophes includes the type of adverse events, catastrophes; time, location, intensity, level, and danger of adverse events, catastrophes; potential affected areas, predicted development of adverse events, catastrophes, warnings, and recommendations.
3. The Government shall regulate the use of a single phone number to receive information on adverse events and catastrophes on a nation-wide scale.
Article 7. Civil defense level
1. Civil defense level refers to application level of measures taken by governments of all levels to respond to and recover from consequences of adverse events, catastrophes and serves as the basis for determining responsibilities, solutions, and resources of authorities, agencies, organizations, and individuals in civil defense.
2. The basis for determining civil defense level includes:
a) Affected area, capability of affecting a larger scale, and potential consequences of adverse events and catastrophes;
b) Geographical location, natural, societal, population conditions, national defense and security situations of areas affected by adverse events, catastrophes;
c) Progression, level of damage, and damage done by adverse events and catastrophes;
d) The ability to respond and recover from consequences of adverse events and catastrophes of local governments and civil defense forces.
3. Civil defense level shall be classified as follows:
a) Civil defense level 1 shall be applied to respond to and recover from consequences of adverse events and catastrophes in district level when progression and level of damage of adverse events and catastrophes exceed capability and conditions of special forces and commune-level government in responding to and recovering from consequences.
b) Civil defense level 2 shall be applied to respond to and recover from consequences of adverse events and catastrophes in province level when progression and level of damage of adverse events and catastrophes exceed capability and conditions of special forces and district-level government in responding to and recovering from consequences;
c) Civil defense level 3 shall be applied to respond to and recover from consequences of adverse events and catastrophes in one or multiple provinces and central-affiliated cities when progression and level of damage of adverse events and catastrophes exceed capability and conditions of province-level government in responding to and recovering from consequences.
Article 8. Science and technology in civil defense
1. Research, transfer, and apply science, high technology, advanced and modern technology in order to invest in and build civil defense structures, civilian structures, and civil defense equipment that qualifies for preparedness, response, and recovery of adverse event and catastrophe consequences.
2. Research and apply science, technology in forecasting, warning about adverse events and catastrophes, and implementing appropriate measures for preparing for, responding to, and recovering from consequences of adverse events and catastrophes.
3. Research and apply data technology in managing, extracting, and using information, data for preparing for, responding to, and recovering from consequences of adverse events and catastrophes.
Article 9. International cooperation in civil defense
1. Rules of international cooperation in civil defense include:
a) Guarantee independence, sovereignty, equality, and reciprocity; comply with Vietnamese laws, international treaties to which the Socialist Republic of Vietnam is a signatory, and relevant international agreements;
b) Enable domestic and foreign organizations, individuals, overseas Vietnamese, and international organizations to cooperate in civil defense;
c) Expand and develop training, study, application of science, transfer of technology; cooperate in search and rescue operations; invest and build civil defense structures.
2. International cooperation in civil defense includes:
a) Exchanging information, forecast and warnings regarding adverse events, catastrophes, natural disasters, diseases, war;
b) Searching, rescuing, and providing humanitarian aid;
c) Assisting in responding to and recovering from consequences of adverse events, catastrophes, natural disasters, diseases, and war;
d) Training, educating, organizing drills, investing, studying, applying science, transferring technology, and building civil defense structures.
Article 10. Prohibited actions in civil defense
1. Resisting, obstructing, intentionally delaying, or failing to comply with civil defense order, command of competent agencies or individuals; refusing to participate in search and rescue when realistically feasible.
2. Damaging, destroying, appropriating civil defense equipment or structures.
3. Causing adverse events or catastrophes which threaten lives and health of people; damaging property of the Government, the people, agencies, organizations, the environment, and national economy.
4. Delivering false information on adverse events or catastrophes.
5. Intentionally placing obstacles to obstruct civil defense operations.
6. Building structures that either mitigate or neutralize civil defense structures; illegally build other structures within planning area of civil defense structures or area of existing civil defense structures.
7. Using specialized civil defense equipment for incorrect purposes or using civil defense structures for incorrect purposes.
8. Abusing powers to violate civil defense laws; conceal individuals violating civil defense laws; exploiting adverse events or catastrophes to mobilize, use civil defense resources for incorrect purposes.
9. Exploiting civil defense operations, adverse events, or catastrophes to violate benefits of the Government, legitimate rights and benefits of organizations and individuals.
Article 11. Development of national strategy for civil defense
1. National strategy for civil defense shall be developed on a 10-year cycle with vision for 20 years and updated, revised every 5 years or in case of adverse event, catastrophe, war.
2. The basis for developing national strategy for civil defense includes:
a) Policies and regulations of the Communist Party, policies and law of the Government regarding civil defense, national defense and socio-economic development, national defense and security; international treaties to which the Socialist Republic of Vietnam is a signatory;
b) National civil defense situations; international experience regarding civil defense operations;
c) Identification, assessment, and zoning results of areas prone to adverse events and catastrophes;
d) Resources of civil defense operations.
3. National strategy for civil defense contains principles, goals, directions, tasks, solutions, programs, schemes, primary projects and implementation of civil defense on a nationwide scale.
4. The Prime Minister shall promulgate national strategy for civil defense.
Article 12. Development of civil defense plan
1. Civil defense plan of all levels shall be developed on a 5-year cycle and revised when necessary.
2. Civil defense plan contains:
a) Assessment of characteristics of local population, economy, society, national defense, security, environment, development of economic sectors and infrastructures;
b) Forecast of potential adverse events, catastrophes;
c) Available measures corresponding to each civil defense level;
d) Civil defense details that must be integrated with local and national socio-economic development planning and plan;
dd) Annual and 5-year identification of resources and progress for implementation of civil defense plan;
e) Responsibilities of agencies, organizations, and individuals.
3. Development, promulgation, and revision of national civil defense plan:
a) Based on socio-economic development planning and plan, national strategy for civil defense, national defense plan, and national protection tasks, the Ministry of National Defense shall cooperate with ministries, central departments, ministerial agencies, and local governments in developing national civil defense plans and request the Prime Minister to promulgate;
b) In case of irregular, urgent request or due to national defense, security or interest, the Ministry of National Defense shall cooperate with ministries, central departments, ministerial agencies, and local governments in revising national civil defense plan and request the Prime Minister to promulgate.
4. Based on socio-economic development plans, national strategy for civil defense, national civil defense plan, agencies coordinating civil defense in ministries and central departments and ministerial agencies shall take charge and cooperate with relevant agencies and entities in developing, revising civil defense plans of ministries, central departments, and ministerial agencies and present to ministers, heads of central departments, heads of ministerial agencies.
5. Based on local socio-economic development plan, national strategy for civil defense, national civil defense plan, and superior civil defense plan, agencies coordinating local civil defense of all levels shall take charge and cooperate with relevant agencies and entities in developing, revising civil defense plan of their levels and request Chairpersons of People’s Committees of the same level to promulgate.
Article 13. Civil defense structures
1. Civil defense structures means structures used for preparing for, responding to, and recovering from consequences of adverse events and catastrophes.
2. Civil defense structures include:
a) Specialized civil defense structures;
b) Other structures whose occupancy serves civil defense.
3. Construction of specialized civil defense structures must conform to planning and plan, adhere to military formation in defense area, combine economic, cultural development, and social development, and comply with relevant law.
4. The Government shall promulgate policies encouraging organizations and individuals to invest in new construction or renovation of structures and technical infrastructures whose occupancy also serves civil defense.
5. The Government shall elaborate this Article.
Article 14. Civil defense equipment
1. Civil defense equipment includes equipment, instruments, and materials serving civil defense.
2. The Ministry of National Defense shall take charge and cooperate with ministries, central departments, ministerial agencies, and local governments in requesting the Government to promulgate list of civil defense equipment; provide guidance on manufacturing, storage, and use of civil defense equipment.
3. Ministries, central departments, ministerial agencies, and local governments shall invest and procure civil defense equipment in accordance with levels of civil defense plans.
Article 15. Monitoring and supervision of risks of adverse events, catastrophes
1. Investigate, survey, monitor, update, consolidate, process information and forecast of risks of adverse events and catastrophes.
2. Research and analyze potential adverse events and catastrophes in the area; produce risk zoning maps for the purpose of monitoring and supervising.
3. Develop database, update, connect, and ensure communication with governments of all levels and the people.
Article 16. Communication and education regarding civil defense
1. Citizens shall be educated on policies and regulations of the Communist Party, policies and regulations of the Government regarding civil defense; knowledge regarding civil defense as per the law.
2. Knowledge on civil defense shall be integrated with national defense and security subject in education institutions and national defense and security education program in accordance with the Law on National Defense and Security.
3. Agencies and organizations, within their functions and tasks, shall communicate and apply science and technology to raise civil defense awareness.
Article 17. Civil defense training, education, refresher training, and drill
1. Civil defense education, training, and refresher training shall be regulated as follows:
a) The Minister of National Defense and the Minister of Public Security shall regulate contents and programs of civil defense education and training for armed forces;
b) Ministers with civil defense coordinating forces shall develop civil defense training contents and programs for their forces;
c) People’s Committees of provinces shall coordinate education and training of civil defense forces in their provinces.
2. Civil defense drill shall be regulated as follows:
a) Military authority of all levels shall advise People‘s Committees to organize local defense drills that include civil defense;
b) Ministries shall request agencies and affiliated entities to cooperate with local governments in organizing civil defense drills according to local government’s plan.
Section 2. CIVIL DEFENSE OPERATION UPON RISK OF ADVERSE EVENTS AND CATASTROPHES
Article 18. Measures taken upon risk of adverse events or catastrophes
When there are risks of adverse events or catastrophes, Chairpersons of People’s Committees of all levels are allowed to take measures specified under other relevant laws and measures below:
1. Guide and evacuate people, property to safe area; guarantee personal protective instruments, equipment, food, foodstuff, medicine, drinking water, and other supplies for people in evacuated areas;
2. Install signs, guard posts, and restrict access of people and vehicles to areas where adverse events or catastrophes take place;
3. Prioritize and enable coordinating forces to access the scene in order to promptly take response measures;
4. Temporarily suspend operations that potentially increase the risk of adverse events, catastrophes or reduce effectiveness of response measures;
5. Prepare forces and equipment to respond to adverse events and catastrophes.
Article 19. Preparation of forces and equipment
Preparation of forces and equipment includes:
1. Reviewing, revising plans, developing solutions for mobilizing forces and equipment to respond to adverse events, catastrophes;
2. Inspecting available equipment; providing additional equipment in important areas;
3. Reviewing and preparing materials, rendezvous, evacuation areas for the people;
4. Improving communication with forces in areas with high risks of adverse events and catastrophes; preparing for receipt of personnel, telecommunication and information technology infrastructures in areas with high risks of adverse events and catastrophes;
5. Increasing guarding forces, deploying a part of guarding forces in advance in areas with high risks of adverse events and catastrophes.
Section 3. CIVIL DEFENSE OPERATION IN CASE OF ADVERSE EVENTS AND CATASTROPHES
Article 20. Entitlement to declare and terminate civil defense levels
1. Pursuant to Article 7 of this Law, the entitlement to declare and terminate civil defense levels is prescribed as follows:
a) Chairpersons of People’s Committees of districts shall declare and terminate civil defense level 1 in their districts;
b) Chairpersons of People’s Committees of provinces shall declare and terminate civil defense level 2 in their provinces;
c) The Prime Minister shall declare and terminate civil defense level 3.
2. The Government shall elaborate procedures for declaring and terminating civil defense levels under Clause 1 of this Article.
Article 21. Entitlement to deploy and mobilize forces, equipment, property
1. Ministers, heads of central departments, heads of ministerial agencies, and heads of Governmental agencies shall decide on deployment and mobilization of forces, equipment, and property as per the law in order to prepare for, respond to, and recover from consequences of adverse events and catastrophes.
2. Chairpersons of People’s Committees of all levels shall decide on deployment and mobilization of forces, equipment, and property of local agencies, organizations, and individuals as per the law in order to prepare for, respond to, and recover from consequences of adverse events and catastrophes.
3. Equipment and property mobilized to respond to, recover from consequences of adverse events and catastrophes must be returned to owners after completing the tasks; compensation is required as per the law if equipment or property is damaged.
4. If necessary, Chairpersons of People's Committees of all levels where adverse events and catastrophes take place shall request foreign organizations and individuals located in the area to provide assistance in responding to and recovering from consequences of adverse events and catastrophes.
Article 22. Measures taken in civil defense level 1
1. Measures taken in civil defense level 1 include:
a) Evacuating people and property from dangerous areas;
b) Providing personal protective instruments, equipment, food, foodstuff, medicine, drinking water, and other essential supplies for people in areas with adverse events, catastrophes;
c) Prohibiting or restricting human and vehicle access to dangerous areas;
d) Preventing fire; maintaining security and order at the sites of adverse events and catastrophes;
dd) Disinfecting, sterilizing, sanitizing the environment;
e) Protecting civil defense structures.
2. Chairpersons of People’s Committees of districts shall decide on application of civil defense measures under Clause 1 of this Article.
Article 23. Measures taken in civil defense level 2
1. Measures taken in civil defense level 2 include:
a) Measures under Clause 1 Article 22 hereof;
b) Implementing social distancing depending on the severity of adverse events and catastrophes in the area;
c) Changing operating methods or temporarily suspending operation of education institutions; temporarily suspending non-essential manufacturing, business operations, and services;
d) Restricting or temporarily suspending festivals, religious rites, sports competitions, cultural activities, artistic activities, events, and other crowded activities;
dd) Inspecting and controlling traffic activities at the sites of adverse events and catastrophes;
e) Applying cyberinformation safety and cybersecurity measures as per the law.
2. Chairpersons of People’s Committees of provinces shall decide on application of civil defense measures under Clause 1 of this Article.
Article 24. Measures taken in civil defense level 3
1. Measures taken in civil defense level 3 include:
a) Measures under Clause 1 Article 23 hereof;
b) Implementing centralized quarantine, social distancing depending on the severity of adverse events and catastrophes in the area;
c) Temporarily suspending operation of education institutions;
d) Temporarily suspending festivals, religious rites, sports competitions, cultural activities, artistic activities, events, and other crowded activities;
dd) Restricting or temporarily suspending outbound travel, inbound travel, and transit if necessary to maintain national security, order, social safety, and protect community’s health;
e) Restricting or temporarily suspending traffic and transport activities out of and into the sites of adverse events and catastrophes, unless such traffic and transport activities serve official purposes;
g) Temporarily suspending direct processing of administrative procedures; implementing online administrative procedure processing.
2. The Prime Minister shall decide on application of civil defense measures under Clause 1 of this Article.
Article 25. Civil defense measures taken in case of emergency
1. Civil defense measures taken in case of emergency include:
a) Measures under Clause 1 Article 24 hereof;
b) Implementing social distancing; implementing centralized quarantined for people going to and from sites of catastrophes;
c) Providing social security aid in quarantined areas, divided areas, and areas where catastrophes occur;
d) Providing mental support for people in areas where catastrophes occur;
dd) Temporarily suspending operation of manufacturing, business, and service establishments at the sites of catastrophes.
2. The Prime Minister, Chairpersons of People’s Committees of all levels shall decide on application of measures under Clause 1 of this Article and regulations on emergencies within their tasks and powers.
3. Commanders of military units assigned to govern areas under martial law, depending on practical situations, shall decide on application of measures under Clause 1 of this Article in accordance with regulations and law on emergencies and martial law.
Article 26. Civil defense measures taken in case of war
1. Civil defense measures taken in case of war include:
a) Deploying observation, announcement, alarm, and warning tower systems;
b) Organizing evacuation of people and property;
c) Concealing equipment in underground structures, caves, tunnels;
d) Storing food, supplies, medicine, and drinking water;
dd) Building additional shelters, underground structures, refuge structures which double as disguise, distraction; deploying distraction, limiting light and noise at night;
e) Disarming, neutralizing weapons of mass destruction.
2. Depending on practical situations, competent individuals shall decide on application of measures under Clause 1 Article 22, Clause 1 Article 23, Clause 1 Article 24, and Clause 1 Article 25 of this Law, measures under Clause 1 of this Article and under regulations on state of war.
Section 4. RECOVERY FROM CONSEQUENCES OF ADVERSE EVENTS, CATASTROPHES
Article 27. Recovery measures for consequences of adverse events and catastrophes
1. Organizing evacuation and rescue; treating injured people, infected from toxic, radioactivity.
2. Assisting in recovering from damage; repairing and restoring essential public infrastructures.
3. Recovering from consequences of environmental pollution, preventing and fighting diseases.
4. Listing and evaluating damage.
5. Mobilizing and encouraging voluntary contribution, distributing assistance and aid resources.
6. Promulgating and implementing policies, special assistance regarding social security, employment, labor, tax, finance, administrative procedures, investment, production, business, services, inbound travel, outbound travel, and other necessary sectors.
Article 28. Listing and evaluating damage
1. Civil defense command of ministries, central departments, ministerial agencies shall assist ministers, heads of sectors, heads of ministerial agencies in listing and evaluating damage done by adverse events and catastrophes and send to National Steering Committee for Civil Defense for consolidation and report to the Government and Prime Minister.
2. Civil defense command of local governments shall list and evaluate damage done by adverse events and catastrophes in their area and report to People’s Committees of the same levels and superior civil defense command.
3. People’s Committees of all levels shall list and evaluate damage done by adverse events and catastrophes in the area and report to superior People’s Committees; People’s Committees of provinces shall list and evaluate damage done by adverse events, catastrophes to the National Steering Committee for Civil Defense for consolidation and report to the Government, Prime Minister.
4. The Government shall elaborate this Article.
Article 29. Assisting in recovering from damage
People’s Committees of all levels shall rely on statistics and evaluation of damage done by adverse events and catastrophes in the area, identify recipients of assistance, aid, and resources to:
1. Develop plans for assistance and aid in recovering from damage done by adverse events and catastrophes;
2. Provide assistance in social security, labor, employment;
3. Stabilize lives of the people, restore manufacturing, business operations, services, and other activities of society;
4. Provide assistance and recover from environmental pollution caused by adverse events, catastrophes;
5. Conduct other activities as per the law.
1. Mobilization and encouragement of voluntary contribution, distribution of assistance and aid resources to recover from damage done by adverse events and catastrophes must:
a) comply with regulations and law;
b) be based on the level of damage;
c) ensure quality, transparent, timeliness, and be provided to the right recipients;
dd) cooperate with local governments or the Vietnamese Fatherland Front where eligible recipients are located;
dd) fulfill essential demand of people affected by adverse events, catastrophes; prioritize vulnerable populations.
2. Mobilization and encouragement of voluntary contribution, and distribution of assistance, aid resources are regulated as follows:
a) Prime Minister, ministers, heads of central departments, heads of ministerial agencies, Chairpersons of People’s Committees of all levels shall mobilize resources within their competence for the purpose of emergency assistance and aid as per the law;
b) The Committee of the Vietnamese Fatherland Front, Vietnam Red Cross Society, socio-political organizations, other social organizations shall mobilize voluntary contribution and distribute emergency assistance and aid resources as per the law;
c) Agencies, organizations, and individuals making voluntary contributions must comply with regulations and law; cooperate with People’s Committees or Committee of Vietnamese Fatherland Front where assistance is provided to assist, aid victims of adverse events, catastrophes.
3. The Government shall elaborate Clause 2 of this Article.
COMMANDING AND COORDINATING CIVIL DEFENSE FORCES
Article 31. Coordinating civil defense operations
1. Monitor and supervise risks of adverse events, catastrophes; acknowledge the situation; inform forces and people about relevant news.
2. Determine appropriate level of civil defense measures and apply accordingly.
3. Prepare response measures; examine areas where adverse events, catastrophes occur.
4. Strengthen forces, stay ready to deploy on-site command centers, directly coordinate important areas.
5. Examine evacuation sites and rendezvous in case higher civil defense level is required.
Article 32. Entitlement to coordinate civil defense
1. The Government shall coordinate nationwide civil defense.
2. The Ministry of National Defense shall assist the Government in coordinating civil defense.
3. Ministries, central departments, ministerial agencies, and Governmental agencies shall coordinate, guide, and organize implementation of civil defense in their fields as per the law.
4. People’s Committees of all levels shall coordinate and organize implementation of local civil defense as per the law.
Article 33. Commanding civil defense forces
1. Command of civil defense forces of ministries, central departments, ministerial agencies, and local governments shall be decided by ministers, heads of central departments, heads of ministerial agencies, and Chairpersons of People’s Committees of all levels.
2. Chairpersons of People’s Committees of communes shall command locally available forces and instruments to promptly respond to adverse events, catastrophes.
3. Commanding of civil defense of different levels is regulated as below:
a) Chairpersons of People’s Committees of districts shall command locally available forces and instruments to take measures of civil defense level 1 in accordance with Article 22 hereof and other measures under relevant law provisions;
b) Chairpersons of People’s Committees of provinces shall command locally available forces and instruments to take measures of civil defense level 2 in accordance with Article 23 hereof and other measures under relevant law provisions;
c) The Prime Minister shall command available forces and instruments of ministries, central departments, ministerial agencies, and local governments to take measures of civil defense level 3 under Article 24 hereof and other measures under relevant law provisions;
d) If response and recovery effort exceeds capability of locally available forces and instruments, Chairpersons of inferior People’s Committees must report to Chairpersons of superior People’s Committees; Chairpersons of People’s Committees of provinces must report to National Steering Committee for Civil Defense and the Prime Minister.
4. Heads of local authorities, under command of People’s Committees of provinces and districts, shall command affiliated forces to implement civil defense in their respective fields as per the law.
5. Minister of National Defense shall take charge and cooperate with ministers, heads of central departments, heads of ministerial agencies, Chairpersons of People's Committees of provinces shall command affiliated entities to implement civil defense in areas under management of the military and Vietnamese sea waters beyond management of People’s Committees of provinces.
6. Heads of military and police units shall mobilize and command affiliated forces to participate, cooperate in civil defense operations as per the law.
Article 34. National steering body, command body of civil defense
1. National Steering Committee for Civil Defense shall implement interdisciplinary cooperation and advise the Government, Prime Minister to organize, coordinate, and command civil defense operations. Reorganize National Steering Committee for Civil Defense, National Steering Committee for Natural Disaster Preparedness and Control, and National Committee for Search and Rescue into National Steering Committee for Civil Defense.
2. Ministry of National Defense shall act as standing body of National Steering Committee for Civil Defense. Members of National Steering Committee for Civil Defense are responsible for advising the Steering Committee in organization, coordination, and operation regarding civil defense within their field of operation as per the law.
3. Command for civil defense shall be established in ministries, central departments, ministerial agencies, advise ministers, heads of central departments, heads of ministerial agencies in organizing, coordinating, and commanding civil defense within their fields of operation.
4. Local command for civil defense shall be established in communes, districts, and provinces, advise Chairpersons of People’s Committees of the same levels in organizing, coordinating, and commanding local civil defense operations. Military authority of all levels shall act as standing body of command for civil defense of the same level. Members of local command for civil defense are responsible for taking charge and advising the local command in organizing, coordinating, commanding civil defense operations within their fields of operation.
5. The Government shall elaborate foundation, functions, tasks, powers, and organizational structures of National Steering Committee for Civil Defense, command for civil defense of ministries, central departments, ministerial agencies, and local command for civil defense.
Article 35. Civil defense forces
1. Civil defense forces consist of primary forces and universal forces.
2. Primary forces consist of:
a) Militia, self-defense forces, and neighborhood guard;
b) Full-time and part-time forces of the People’s Army, the people’s police, ministries, central departments, ministerial agencies, and local governments.
3. Universal forces consist of the general public.
4. The Government shall elaborate this Article.
RIGHTS AND OBLIGATIONS OF AGENCIES, ORGANIZATIONS, AND INDIVIDUALS IN CIVIL DEFENSE OPERATIONS
Article 36. Rights and obligations of individuals
1. Individuals have the right to:
a) access information on civil defense as per the law;
b) receive assistance and aid for adverse events, catastrophes as per the law;
c) receive wages when engaging in civil defense operations according to decision on mobilization of competent individuals;
d) receive their mobilized equipment and property after finishing responding to, recovering from adverse events and catastrophes; receive compensation and restitution payment as per the law in case mobilized equipment or property that has been damaged or depreciated;
dd) have their damage to reputation or dignity caused by their participation in recovery of adverse events, catastrophes restored; be eligible for policies and allowances for any injury, damage to health in accordance with Clause 3 Article 41 hereof.
2. Individuals have the obligation to:
a) implement civil defense measures according to local civil defense plans;
b) participate in civil defense training, drills, advanced training at request of competent authority; participate in civil defense operations upon being mobilized;
c) prepare instruments and equipment within their capability to maintain safety from adverse events, catastrophes;
d) actively respond to and recover from consequences in order to maintain safety for themselves and their family when adverse events and catastrophes occur; assist the community in preparing for and mitigating adverse events and catastrophes; assisting victims of adverse events and catastrophes in the local area; sanitizing the environment, preventing and controlling diseases in residential and working spaces;
dd) comply with guidance and request of competent authority and individuals regarding evacuation of people and instruments out of, into dangerous areas; comply with decision mobilizing personnel, equipment, and property to serve emergency evacuation of competent individuals;
e) promptly notify and inform competent authority regarding development and damage caused by adverse events and catastrophes if possible.
Article 37. Rights and obligations of agencies, organizations
1. Agencies and organizations have the right to:
a) access information on civil defense as per the law;
b) participate in local civil defense operations;
c) receive assistance and aid for adverse events, catastrophes as per the law;
d) receive their mobilized equipment and property after finishing responding to, recovering from adverse events and catastrophes; receive compensation and restitution payment as per the law in case mobilized equipment or property that has been damaged or depreciated;
dd) participate and cooperate in communicating, publicizing, and educating on civil defense.
2. Agencies and organizations have the obligation to:
a) Communicate and encourage employees, members of their agencies, organizations, and the general public to comply with civil defense laws;
b) actively build, protect structures and infrastructures under their management to ensure safety from adverse events and catastrophes;
c) develop and organize implementation of solutions for preparing for, responding to, and recovering from consequences of adverse events and catastrophes;
d) comply with decisions mobilizing human resources, equipment, and supplies of competent individuals to serve civil defense operations;
dd) actively sanitize the environment, prevent and control diseases under their management;
e) actively recover from consequences and compensate for damage caused by adverse events and catastrophes during manufacturing, business operations.
1. Foreign organizations, individuals, and international organizations responding to and recovering from consequences of adverse events and catastrophes in Vietnam have the right to:
a) benefit from exemption from import, export tax and charges for equipment and commodities serving emergency aid, search, and rescue operation in accordance with tax and charge laws;
b) be prioritized in inbound travel, outbound travel, residence procedures; import, export procedures for equipment and commodities serving aid, search, and rescue operations as per the law.
2. Foreign organizations, individuals, and international organizations responding to and recovering from consequences of adverse events and catastrophes in Vietnam have the obligation to:
a) register their operation to Vietnamese competent authority;
b) adhere to their registration and Vietnam's regulations and law in operation.
3. Foreign organizations, individuals, and international organizations operating in Vietnam and responding to, recovering from adverse events and catastrophes shall have the rights and obligations under Article 36, Article 37, Clause 1 and Clause 2 of this Article.
RESOURCES SERVING CIVIL DEFENSE, REGULATIONS AND BENEFITS FOR CIVIL DEFENSE FORCES
Article 39. Resources for civil defense
1. Funding sources for civil defense include:
a) State budget;
b) Voluntary donations of organizations and individuals;
c) Civil defense fund;
d) Other funding sources as per the law.
2. The Government shall ensure budget for civil defense in accordance with state budget laws; prioritize state budget for border areas, coastal areas, islands, and important locations.
3. Property serving civil defense under joint management of the Government includes:
a) Public property in agencies, organizations, local governments, and armed forces as per the law on management and use of public property, land, and other relevant law provisions;
b) Property of compulsory acquisition, requisition, mobilization, and other property assigned to agencies, organizations, local governments, and armed forces by the Government to manage civil defense in accordance with eminent domain, requisition of property, and other relevant law provisions.
4. The Government shall development national reserves to serve civil defense. Management and use of national reserves for civil defense shall conform to national reserve laws.
Article 40. Civil defense fund
1. Civil defense fund is a non-budget state financial fund established in central government and provincial government to mobilize social resources for civil defense operations. Civil defense fund shall prioritize:
a) Providing emergency aid in form of food, drinking water, medicine, and other essential supplies for victims of adverse events and catastrophes;
b) Supporting repair and construction of houses, healthcare establishments, and education institutions in areas affected by adverse events, catastrophes.
2. Civil defense fund shall be funded by:
a) Voluntary donations of domestic and foreign organizations, individuals;
b) Findings extracted from non-budget state financial funds relating to response to and recovery from consequences of adverse events, catastrophes.
3. Civil defense funds must:
a) not operate for profit;
b) be managed, used for the right purpose and in a manner that is law compliant, timely, effective, public, and transparent;
c) assist civil defense operations that have not been invested by the state budget or have not met requirements;
d) be regulated with other non-budget state financial funds relevant to the acts of responding to and recovering from adverse events, catastrophes in case of emergency.
4. The Government shall elaborate on establishment, management, and use of civil defense fund; regulation between civil defense funds and non-budget state financial funds relevant to the acts of responding to and recovering from adverse events, catastrophes.
Article 41. Regulations and benefits for civil defense forces
1. Individuals performing guard duty at standing body of National Steering Committee for Civil Defense, civil defense command of ministries, central departments, ministerial agencies, civil defense command of local governments of all levels are eligible for benefits in the performance of their duty.
2. Individuals mobilized, assigned to attend trainings, drills, or perform civil defense tasks under decisions of competent authority are eligible for allowance; individuals suffering from illness, accidents, deceased individuals, or individuals suffering from reduced working capability shall be eligible for death benefits, funeral benefits, compensation from the Government for damage to health and lives as per the law if the individuals have not participated in compulsory social security; individuals achieving merits shall be commended in accordance with emulation and commendation laws.
3. Agencies, organizations, and individuals participating in, cooperating, joining, assisting civil defense forces and achieving merits shall be commended; individuals suffering from property damage shall be compensated; individuals suffering from damage to dignity, honor shall have their dignity, honor reinstated; families of individuals or individuals suffering from injury or loss of health, lives shall be eligible for benefits, allowance as per the law.
4. The Government shall elaborate this Article.
RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS IN CIVIL DEFENSE
Article 42. Details and responsibilities for state management in civil defense
1. State management details in civil defense include:
a) Promulgating and requesting competent authority to promulgate, organize implementation of legislative documents on civil defense; developing and coordinating implementation of civil defense strategy and plan;
b) Communicating, publicizing, and educating regulations, knowledge on civil defense;
c) Organizing training, advanced training, drills, developing civil defense forces, structures, and equipment;
d) Implementing international cooperation in civil defense;
dd) Conducting examination, inspection, imposing penalties, processing complaints, denunciation, conclusion, and commendation in civil defense.
2. State management responsibilities in civil defense include:
a) The Government shall perform joint state management in civil defense on a nationwide scale;
b) Ministers, ministerial agencies shall be responsible to the Government for taking charge, cooperating in performing tasks, state management in civil defense within their fields of operation on a nationwide scale;
c) People’s Committees of all levels, within their tasks and powers, shall be responsible for implementing statement in civil defense.
Article 43. Responsibilities of Ministry of National Defense
The Ministry of National Defense shall be responsible to the Government for implementing state management in civil defense; take charge and cooperate with ministries, central departments, ministerial agencies, and local governments in:
1. Promulgating, requesting competent authority to promulgate, and organizing implementation of legislative documents on civil defense in their sector;
2. Assisting the Prime Minister in coordinating interdisciplinary issues regarding civil defense as per the law;
3. Developing and organizing implementation of national strategy for civil defense, national civil defense plan; guiding ministries, central departments, ministerial agencies, and local governments to develop plans, prepare equipment for civil defense within their fields of operation;
4. Developing details and programs for training, advanced training, drills, and education on civil defense for local civil defense forces.
5. Guiding construction of specialized civil defense structures in combination with military formation in defense areas;
6. Organizing research, popularizing, applying science, high technology, advanced and modern technology in civil defense;
7. Implementing international cooperation in civil defense;
8. Inspecting, examining, taking actions against violations, settling complaints, disputes, concluding, and commending actions in civil defense.
Article 44. Responsibilities of Ministry of Public Security
1. Promulgating, requesting competent authority to promulgate, and organizing implementation of legislative documents on civil defense in their sector.
2. Taking charge and cooperating with ministries, central departments, ministerial agencies, and local governments in developing plans, solutions, and organizing implementation of political security and social order, safety tasks in areas where adverse events, catastrophes occur.
3. Taking charge and cooperating with Ministry of National Defense, ministries, central departments, ministerial agencies, People’s Committees of provinces in developing nation-level plan for responding to major fire; responding to cybersecurity risks.
4. Developing civil defense plans in people’s public security; cooperating in organizing standby forces and instruments to respond to adverse events, catastrophes, search and rescue as per the law.
5. Developing details and programs for training, advanced training, drills, and education on civil defense for civil defense forces.
6. Taking charge and cooperating with ministries, central departments, ministerial agencies, and local governments in fighting exploitation of adverse events and catastrophes that causes loss of social security, order, safety.
Article 45. Responsibilities of Ministry of Agriculture and Rural Development
1. Promulgating, requesting competent authority to promulgate, and organizing implementation of legislative documents on civil defense in their sector.
2. Taking charge and cooperating with ministries, central departments, ministerial agencies, and local governments in taking measures for mitigating consequences of adverse events, catastrophes in accordance with natural disaster preparedness and control laws.
3. Taking charge and cooperating with ministries, central departments, ministerial agencies, and local governments in developing nation-level plans for responding to dam, reservoir, embankment failure; forest fire; storms, flood, inundation; flashflood, landslide, and other natural disasters.
4. Developing details and programs for training, advanced training, drills, and education on civil defense for civil defense forces within specific sector.
Article 46. Responsibilities of Ministry of Transport
1. Promulgating, requesting competent authority to promulgate, and organizing implementation of legislative documents on civil defense in their sector.
2. Taking charge and cooperating with ministries, central departments, ministerial agencies, and local governments in developing and implementing plans, solutions for using traffic infrastructures, equipment within their management for the purpose of civil defense tasks. In case of adverse events or catastrophes, coordinating affiliated agencies and entities to organize forces and instruments to evacuate people, search, and rescue under coordination of the National Steering Committee for Civil Defense.
3. Taking charge and cooperating with Ministry of Public Security, Ministry of National Defense, Ministry of Health, central departments, and People’s Committees of provinces in developing nation-level plans for responding to vessel accidents at sea, responding to extremely severe road accidents, railway accidents, inland waterway accidents, and responding to aviation accidents in Vietnamese territory. Deploying plans and measures for using forces, equipment to respond to adverse events, catastrophes, search and rescue; coordinating search and rescue teams in traffic sector; coordinating, guiding local governments to organize transport teams to evacuate people and vehicles to safe areas, provide logistics support, and transport the injured in case of adverse events and catastrophes.
4. Cooperating with Ministry of National Defense and Ministry of Foreign Affairs in licensing and cooperating with foreign forces and instruments in searching, rescuing in case of adverse events and catastrophes.
5. Developing details and programs for training, advanced training, drills, and education on civil defense for civil defense forces within specific sector.
Article 47. Responsibilities of Ministry of Finance
1. Promulgating, requesting competent authority to promulgate, and organizing implementation of legislative documents on civil defense in their sector.
2. Taking charge and cooperating with ministries, central departments, ministerial agencies, and local governments in requesting competent authority to allocate annual recurrent expenditure estimates for civil defense duty in accordance with state budget laws.
3. Coordinating implementation of national reserve plan assigned by the Prime Minister; assessing and requesting the Prime Minister to decide on timely and adequate release of national reserves for civil defense duty according to decision of competent authority.
Article 48. Responsibilities of Ministry of Health
1. Promulgating, requesting competent authority to promulgate, and organizing implementation of legislative documents on civil defense in their sector.
2. Publicizing information on diseases, level of impact, and preventive measures.
3. Developing details and programs for training, advanced training, drills, and education on civil defense for civil defense forces within specific sector.
4. Cooperating with Ministry of National Defense in planning for system of “quân dân y” (military and people medicine) medical examination and treatment establishments in border areas, coastal areas, and islands; strengthening healthcare system for civil defense operations.
Article 49. Responsibilities of Ministry of Natural Resources and Environment
1. Promulgating, requesting competent authority to promulgate, and organizing implementation of legislative documents on civil defense in their sector.
2. Coordinating and commanding examination, verification of environmental pollution sites in interregional locations, transnational locations; guiding damage identification, and organizing recovery from environmental pollution and degradation.
3. Taking charge and cooperating with Ministry of National Defense, Ministry of Information and Communications, central departments, ministerial agencies, and relevant local governments in constructing research centers, forecast and warning system for adverse events and catastrophes caused by nature or the environment and relating to civil defense.
4. Organizing surveying, examination, and monitoring for meteorology, hydrology, geology deformation information and data.
5. Directing implementation of forecast and warning, promptly and adequately providing forecast and warnings for adverse events and catastrophes relating to geology, meteorology, hydrography, oceanography to National Steering Committee for Civil Defense, ministries, central departments, ministerial agencies, local governments, and mass media authority as per the law.
6. Directing science, technology research and application, and implementing smart solutions in monitoring, supervision, management, recovery from environmental adverse events, and early warning for natural disasters.
7. Developing details and programs for training, advanced training, drills, and education on civil defense for civil defense forces within specific sector.
Article 50. Responsibilities of Ministry of Industry and Trade
1. Promulgating, requesting competent authority to promulgate, and organizing implementation of legislative documents on civil defense in their sector.
2. Closely managing production and operation of nuclear power, minerals, toxic chemical substances, industrial explosive substances to minimize risks of adverse events and catastrophes in industrial sector; closely managing import and export of toxic chemical substances, dangerous chemical substances.
3. Taking charge and cooperating with ministries, central departments, ministerial agencies in directing and guiding handling of mine explosions and collapse in manufacturing, mining facilities of nuclear power, coal, gasoline, petroleum, chemicals, industrial explosives.
4. Taking charge and cooperating with Ministry of National Defense, Ministry of Public Security, other ministries, central departments, ministerial agencies, and local governments in developing National plans for responding to fire risks of drilling rigs, pipelines carrying oil, toxic chemical substances, gas, collapse of mineral mines; guiding local governments to prepare plans and forces, instruments to respond to oil spill accidents and accidents involving toxic chemical substances as per the law.
5. Cooperating with ministries, central departments, and ministerial agencies in developing energy reserve plans to maintain national defense, security, socio-economic activities and implement civil defense duty.
6. Stabilizing market price and guaranteeing availability of supplies for people in areas affected by adverse events, catastrophes.
7. Developing details and programs for training, advanced training, drills, and education on civil defense for civil defense forces within specific sector.
Article 51. Responsibilities of ministries, central departments, ministerial agencies
Within their tasks and powers, ministries, central departments, and ministerial agencies are responsible for taking charge, cooperating with Ministry of National Defense in performing state management civil defense and:
1. Promulgating, requesting competent authority to promulgate and organizing implementation of legislative documents on civil defense;
2. Commanding affiliated agencies and entities to organize execution of civil defense plans and measures; organizing their forces and instruments to perform civil defense tasks under assignment of competent authority.
Article 52. Responsibilities of local government
1. People’s Councils of all levels, within their tasks and powers, are responsible for:
a) issuing decisions on principles and solutions for developing civil defense forces and budget to implement civil defense tasks as per the law;
b) supervising compliance with the Constitution, regulations, and resolutions of the People’s Councils in local civil defense as per the law.
2. People’s Committees of all levels, within their tasks and powers, shall be responsible for performing statement in local civil defense and:
a) promulgating documents to execute civil defense duty in accordance with regulations, resolutions of People’s Councils of the same levels, and tasks assigned by competent authority regarding local civil defense;
b) commanding development and execution of civil defense plans; developing, training, mobilizing forces to implement civil defense measures; guaranteeing benefits and allowances for local civil defense forces.
c) commanding and organizing implementation of resolutions of People’s Councils of the same levels regarding securing budget for local civil defense operations;
d) directing and conducting inspection, examination, taking actions against violations, settling complaints, disputes, concluding, and commending local civil defense operations.
Article 53. Responsibilities of Vietnamese Fatherland Front and members thereof
The Vietnamese Fatherland Front and members thereof, within their tasks and powers, are responsible for cooperating with agencies and organizations in publicizing and mobilizing people to comply with regulations on civil defense; supervising compliance with regulations on civil defense.
Article 54. Amendment, replacement, and annulment of articles in laws relating to civil defense
1. Amendments to the Law on Dykes No. 79/2006/QH11 amended by Law No. 15/2008/QH12, No. 35/2018/QH14, and Law on No. 60/2020/QH14:
a) Replace the phrase “Ban chỉ huy phòng, chống thiên tai và tìm kiếm cứu nạn” (Steering Committee for Natural Disaster Preparedness, Search and Rescue) with the phrase “Ban chỉ huy phòng thủ dân sự” (Steering Committee for Civil Defense) under Clause 11 Article 3, Point a and Point b Clause 2 Article 35;
b) Replace the phrase “Ban chỉ đạo quốc gia về phòng, chống thiên tai” (National Steering Committee for Natural Disaster Preparedness and Control) with the phrase “Ban chỉ đạo Phòng thủ dân sự quốc gia” (National Steering Committee for Civil Defense) under Point d Clause 2 Article 35 and Clause 7 Article 36.
2. Replace the phrase “Ủy ban cứu hộ, cứu nạn quốc gia” (National Rescue Committee) with the phrase “Ban chỉ đạo Phòng thủ dân sự quốc gia” (National Steering Committee for Civil Defense) under Point e Clause 3 Article 42 of the Law on Chemicals No. 06/2007/QH12 amended by the Law No. 28/2018/QH14.
3. Replace the phrase “Ủy ban quốc gia tìm kiếm - cứu nạn” (Vietnam Search and Rescue) with the phrase “Ban chỉ đạo Phòng thủ dân sự quốc gia” (National Steering Committee for Civil Defense) under Point dd Clause 2, Point a and Point c Clause 3, Point b and Point c Clause 4, Clause 5 Article 84 of the Law on Atomic Energy No. 18/2008/QH12 amended by the Law on No. 35/2018/QH14.
4. Amendment to the Law on Natural Disaster Preparedness and Control No. 33/2013/QH13 amended by the Law No. 60/2020/QH14:
a) Amendments to Clause 4 Article 3:
“4. “vulnerable population” means an individual or a group of individuals whose characteristics and situations cause them to suffer from a natural disaster more than other people in a community do. Vulnerable populations include children, the elderly, pregnant women or women raising children under 36 months of age, people with disabilities, people suffering from terminal illnesses, poor people, incapacitated people, ethnic minorities living in areas with disadvantaged socio-economic conditions, people living in areas with extremely disadvantaged socio-economic conditions, and other individuals as per the law.”;
b) Amendment to Point a Clause 4 Article 22:
“a) National Steering Committee for Civil Defense shall provide guidelines on response measures corresponding to risk levels of natural disasters;”;
c) Amendment to Clause 1 Article 25:
“Based on natural disaster forecast and warnings, Prime Minister, National Steering Committee for Civil Defense, civil defense command of ministries and ministerial agencies; civil defense command of provinces shall promulgate documents commanding execution of natural disaster response measures in accordance with regulations of the Government.”;
d) Amendment to Clause 26:
“Depending on the type and risk levels of natural disasters, National Steering Committee for Civil Defense, civil defense command of ministries and ministerial agencies, civil defense command of local governments shall choose any of the measures below:”;
dd) Amendment to opening segment of Clause 4 Article 27:
“4. Based on forecast, warnings, risk levels, and development of natural disasters and order of National Steering Committee for Civil Defense, within their tasks and powers, People’s Committees and civil defense command of local governments are responsible for:”;
e) Amendment to Point b Clause 2 Article 29:
“b) People’s Committees and civil defense command of local governments of all levels are responsible for implementing search and rescue operations in the area; if such operations exceed their capability, immediately report and request People’s Committees of provinces, civil defense command of provinces, and National Steering Committee for Civil Defense to provide assistance;”;
g) Amendment to Clause 2 Article 31:
“2. Civil defense command of all levels are responsible for consolidating damage caused by natural disasters and reporting to People’s Committees of the same levels, superior civil defense command, and National Steering Committee for Civil Defense.”;
h) Amendment to Clause 4 Article 31:
“4. Civil defense command of ministries and ministerial agencies are responsible for consolidating damage caused by natural disasters and reporting to National Steering Committee for Civil Defense.”;
i) Replace the phrase “Ban chỉ đạo quốc gia về phòng, chống thiên tai, Ủy ban quốc gia tìm kiếm cứu nạn” (National Steering Committee for Natural Disaster Preparedness and Control and Vietnam Search and Rescue) with the phrase “Ban chỉ đạo Phòng thủ dân sự quốc gia” (National Steering Committee for Civil Defense) under Point c Clause 4 Article 22 and Clause 3 Article 27;
k) Replace the phrase Ban chỉ đạo quốc gia về phòng, chống thiên tai và Ủy ban quốc gia tìm kiếm cứu nạn” (National Steering Committee for Natural Disaster Preparedness and Control and Vietnam Search and Rescue) with the phrase “Ban chỉ đạo Phòng thủ dân sự quốc gia” (National Steering Committee for Civil Defense) under Point d Clause 4 Article 22, Clause 2 Article 23, Point b Clause 3 Article 27, and Point c Clause 2 Article 29;
l) Replace the phrase “Ủy ban quốc gia tìm kiếm cứu nạn” (Vietnam Search and Rescue) with the phrase “Ban chỉ đạo Phòng thủ dân sự quốc gia” (National Steering Committee for Civil Defense) under Clause 4 Article 23, Clause 2 Article 27, Point d and Point dd Clause 2 Article 29, and Clause 5 Article 40;
m) Replace the phrase “Ban chỉ huy phòng, chống thiên tai và tìm kiếm cứu nạn” (Committee for Natural Disaster Preparedness, Control, Search, and Rescue) with the phrase “Ban chỉ huy phòng thủ dân sự” (civil defense command) under Point b Clause 3 Article 25, Point c Clause 3 Article 27, Point b Clause 2 Article 30, and Clause 1 Article 31;
n) Replace the phrase “Ban chỉ huy phòng, chống thiên tai của bộ, cơ quan ngang bộ” (Natural disaster preparedness and control command of ministries and ministerial agencies) with the phrase “Ban chỉ huy phòng thủ dân sự Bộ, cơ quan ngang Bộ” (civil defense command of ministries and ministerial agencies) under Clause 3 Article 28;
o) Replace the phrase “Ban chỉ đạo quốc gia về phòng, chống thiên tai” (National Steering Committee for Natural Disaster Preparedness and Control) with the phrase “Ban chỉ đạo Phòng thủ dân sự quốc gia” (National Steering Committee for Civil Defense) under Point c Clause 3 Article 9, Point c Clause 1 Article 17, Clause 1 Article 27, Clause 2, Clause 4 Article 28, Point d Clause 2 Article 30, Point dd Clause 2 Article 33, Point c Clause 3 Article 42;
p) Annul Article 44.
5. Replace the phrase “Ủy ban quốc gia tìm kiếm cứu nạn” (Vietnam Search and Rescue) with the phrase “Ban chỉ đạo Phòng thủ dân sự quốc gia” (National Steering Committee for Civil Defense) under Point b Clause 2, Point a and Point b Clause 4 Article 53, Clauses 1, 2, 3, 4, and 5 Article 56, Point e Clause 3 Article 73 of the Law on Natural Resources and Environment of Sea and Islands No. 82/2015/QH13 amended by the Law on No. 35/2018/QH14.
6. Amendment to the Law on National Defense No. 22/2018/QH14:
a) Annulment of Clause 13 Article 2;
b) Amendment to Article 13:
“Article 13. Civil defense
Civil defense operations shall conform to the Law on Civil Defense.”.
7. Amendment to the Law on Environmental Protection No. 72/2020/QH14 amended under the Law on No. 11/2022/QH15:
a) Replace the phrase “Ban chỉ huy phòng, chống thiên tai và tìm kiếm cứu nạn” (Committee for Natural Disaster Preparedness, Control, Search, and Rescue) with the phrase “Ban chỉ huy phòng thủ dân sự” (civil defense command) under Clause 2, Points a, b, and c Clause 4 Article 124, Clause 1, Clause 2, Points a, b, and c Clause 4 Article 125, Clause 2 Article 127;
b) Replace the phrase “Ủy ban Quốc gia ứng phó sự cố, thiên tai và Tìm kiếm Cứu nạn” (National Committee for Search and Rescue) with the phrase “Ban chỉ đạo Phòng thủ dân sự quốc gia” (National Steering Committee for Civil Defense) under Clause 2, Point a Clause 4 Article 124, Point d Clause 4 Article 125, Point c and Point d Clause 1, Point b Clause 3 Article 127.
8. Replace the phrase “Ủy ban Quốc gia tìm kiếm cứu nạn” (Vietnam Search and Rescue) with the phrase “Ban chỉ đạo Phòng thủ dân sự quốc gia” (National Steering Committee for Civil Defense) under Clause 3 Article 102 of the Law on Vietnam Civil Aviation No. 66/2006/QH11 amended by the Law on No. 45/2013/QH13 and Law No. 61/2014/QH13.
This Law comes into force from July 1, 2024.
This Law is approved by the 15th National Assembly of the Socialist Republic of Vietnam in the 5th meeting on June 20, 2023.
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This translation is made by THƯ VIỆN PHÁP LUẬT, Ho Chi Minh City, Vietnam and
for reference purposes only. Its copyright is owned by THƯ VIỆN PHÁP LUẬT
and protected under Clause 2, Article 14 of the Law on Intellectual Property.Your comments are always welcomed
