Chương III Luật khí tượng thủy văn 2015: Dự báo, cảnh báo khí tượng thủy văn

Chapter III

HYDROMETEOROLOGICAL FORECASTS, WARNINGS

Article 20. Hydrometeorological forecasting and warning activities

1. Collect, process, analyze and store data and information about hydrometeorology, climate change monitoring and relevant information at national, regional and global level;

2. Establish and release hydrometeorological bulletins;

3. Provide hydrometeorological forecasting and warning information;

4. Provide instruction on exploitation of hydrometeorological forecasting and warning information;

5. Assess quality of hydrometeorological forecasts, warnings;

Article 21. Requirements for hydrometeorological forecasting and warning

1. Hydrometeorological forecasting and warning should be in compliance with technical regulations, professional processes;

2. Organizations and individuals operating in hydrometeorological forecasting and warning activities shall be responsible for content of hydrometeorological bulletins released.

3. Hydrometeorological forecasts and warnings should be regularly and punctually updated on developments of hydrometeorological phenomena, easily understandable, usable and communicated in Vietnamese language.

Article 22. Type and duration of hydrometeorological bulletin

1. Types of hydrometeorological bulletin:

a) Weather, hydrographical, oceanographical forecasting bulletins;

b) Hydrometeorological bulletins for natural disasters;

c) Forecasting bulletins for climate, water sources;

d) Forecasting bulletins on special subject on request;

dd) Hydrometeorological bulletins according to the international agreements to which Vietnam is a signatory;

2. Duration of hydrometeorological forecasting, warning:

a) Extremely short duration;

b) Short duration;

c) Medium duration;

d) Long duration;

dd) Other durations;

3. The Minister of Natural Resources and Environment shall detail this Article.

Article 23. Subject matters of hydrometeorological forecasting and warning bulletins

1. Unless otherwise as regulated in Clause 2, this Article, subject matters of a hydrometeorological forecasting and warning bulletin shall include actual state and future developments of the subject in accordance with type and duration of forecasting and warning bulletin as prescribed in Article hereof.

2. Subject matters of a hydrometeorological forecasting and warning bulletin for a natural disaster includes type of the natural disaster, its strength, devastation level, coordinates and forecasts about its developments.

Article 24. National hydrometeorological forecasting and warning system

1. National hydrometeorological forecasting and warning system is composed of public service providers for hydrometeorological forecasting and warning (hereinafter referred to as ‘public service providers’) at all levels under the management of the Ministry of Natural Resources and Environment.

2. Operating principles of national hydrometeorological forecasting and warning system:

a) Subordinate public service providers shall be placed under the management of superior public service providers;

b) Subordinate public service providers shall elaborate hydrometeorological bulletins supplied by superior public service providers, releasing hydrometeorological bulletins in the administrative divisions under management;

c) Public service providers shall regularly exchange and update information and data to ensure uniformity, adequacy and timeliness of hydrometeorological forecasts and warnings;

3. Responsibility of national hydrometeorological forecasting and warning system:

a) Release hydrometeorological bulletins; make forecasts and warnings about hydrometeorological natural disasters across the country;

b) Release marine hydrometeorological bulletins as member of World Meteorological Organization;

c) Take part in activities of forecasting, warning, and exchanging hydrometeorological forecasts, warnings with forecasting, warning agencies, organizations from other countries in the world according to laws;

d) Receive domestic and overseas hydrometeorological information, data from international organizations; transmit overseas hydrometeorological information, data in Vietnam according to the international agreements to which the Socialist Republic of Vietnam is a signatory;

dd) Supply and provide instruction on the use of hydrometeorological forecasting, warning information, data and products to agencies, organizations as prescribed in Clause 1, Article 27 hereof;

e) Construct radio and TV programs to deliver hydrometeorological forecasting and warning information to communities in a timely and adequate manner according to this Law and the law on journalism;

g) Comply and regularly update technical regulations, professional processes, regulations on hydrometeorological forecasting and warning;

h) Assess quality of hydrometeorological forecasts, warnings;

i) Store hydrometeorological forecasts and warnings in the form of information and data;

Article 25. Hydrometeorological forecasts and warnings provided by organizations or individuals outside national hydrometeorological forecasting and warning system

1. Organizations and individuals performing hydrometeorological forecasting and warning should meet the requirements and obtain the license granted by competent state management agencies.

2. Organizations or individuals performing hydrometeorological forecasting and warning shall have rights and obligations as prescribed in Article 40 hereof.

3. Requirements for organizations and individuals to perform hydrometeorological forecasting and warning:

a) Have appropriate material and technical bases;

b) Have appropriate legal capacity and human resources (in case of organizations)

c) Have appropriate professional qualifications and experience in the area (in case of individuals);

4. Requirements for foreign organizations and individuals to perform hydrometeorological forecasting and warning in Vietnam:

a) Meet requirements as prescribed in Clause 3, this Article;

b) Currently work and legally reside in Vietnam;

c) Have Vietnamese-speaking personnel or appropriate interpreters;

5. Authority to issue, extend, suspend and revoke license for hydrometeorological forecasting and warning operation (hereinafter referred to as ‘license’):

a) The Minister of Natural Resources and Environment shall implement issuance, extension, suspension or revocation of licenses for organizations or individuals that perform hydrometeorological forecasting and warning in the area covering at least two central-affiliated cities and provinces or in other central-affiliated cities and provinces where organizations are headquartered or individuals reside; foreign organizations, individuals performing hydrometeorological forecasting and warning in Vietnam;

b) Presidents of the provincial People’s Committees shall implement issuance, extension, suspension or revocation of licenses for organizations or individuals that perform hydrometeorological forecasting and warning within locality.

6. Validity period of the license is five years to the maximum.

Organizations or individuals performing hydrometeorological forecasting and warning that violates the law on hydrometeorology or fails to meet requirements as prescribed in Clauses 3 or 4, this Article, depending on nature and severity of the violations, may be temporarily suspended or stripped of the license.

7. The Government shall detail this Article.

Article 26. Communication of hydrometeorological forecasting and warning bulletins

1. Communication of hydrometeorological forecasting and warning information is instructed in the law on natural disaster prevention and combat.

2. In case communication of hydrometeorological forecasting and warning information is aimed at ethnic minorities, the language of communication should be appropriately adapted.

Article 27. Use of hydrometeorological forecasting and warning bulletins

1. Steering agencies for natural disaster prevention and combat, search and rescue, Vietnam News Agency, Voice of Vietnam, Vietnam Television, agencies tasked with implementing the International Agreement on hydrometeorology, climate change of which Vietnam is a signatory should use hydrometeorological forecasting and warning information issued by national hydrometeorological forecasting and warning system.

2. Agencies, organizations, and individuals performing natural disaster prevention and combat should use latest natural disaster forecasting and warning bulletins released by national hydrometeorological forecasting and warning system.

Article 28. Management of hydrometeorological forecasting and warning activities

1. Subject matters of management of hydrometeorological forecasting and warning activities:

a) Establish and promulgate technical regulations, professional processes and regulations on hydrometeorological forecasting and warning within competence or make the submission to competent authorities for promulgation;

b) Inspect, supervise and assess quality of hydrometeorological forecasts, warnings;

c) Conduct scientific and technological research, apply technical advances to hydrometeorological forecasting and warning activities;

d) Supply and exchange hydrometeorological information, data with other countries, international organizations according to laws;

2. National hydrometeorological forecasting and warning system, organizations and individuals performing hydrometeorological forecasting and warning activities shall be responsible for complying with regulations as prescribed in Clause 1, this Article.