Chương I Luật phòng, chống thiên tai 2013: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides natural disaster prevention and control activities; rights and obligations of agencies, organizations, households and individuals engaged in natural disaster prevention and control activities; and the state management of, and assurance of resources for, natural disaster prevention and control.

Article 2. Subjects of application

This Law applies to Vietnamese agencies, organizations, households and individuals; foreign organizations and individuals and international organizations that are residing or operating or engaged in natural disaster prevention and control in Vietnam.

Article 3. Interpretation of terms

In this Law, the terms below are construed as follows:

1. Natural disasters means abnormal natural phenomena which may cause damage to human life, property, the environment, living conditions and socio- economic activities. Natural disasters include typhoon, tropical low pressure, whirlwind, lightning, heavy rain, flood, flashflood, inundation, landslide and land subsidence due to floods or water currents, water rise, seawater intrusion, extreme hot weather, drought, damaging cold, hail, hoarfrost, earthquake, tsunami and other types of natural disaster.

2. Natural disaster risk means damage, which natural disasters may cause to human life, property, the environment, living conditions and socio-economic activities.

3. Natural disaster prevention and control means a systematic process involving the prevention of, response to, and remediation of consequences of, natural disasters.

4. Vulnerable group means a group of people who, due to their characteristics and circumstances, are likely to suffer more adverse impacts of natural disasters than other groups in the community. Vulnerable groups include children, elderly people, pregnant women, women nursing under-12-month children, people with disabilities, people suffering from dangerous diseases and poor people.

5. Natural disaster prevention and control works means works, which are built with investment funds of the State, organizations or individuals, including meteorological, hydrographical, oceanographic and seismic observatories, disaster warning stations; dikes, reservoirs and dams, anti- inundation, anti-drought and anti-landslide facilities; storm shelters for ships and boats, evacuation houses and other facilities serving natural disaster prevention and control.

Article 4. Basic principles of natural disaster prevention and control

1. Proactive prevention, timely response to, and urgent and effective remediation of consequences of natural disasters.

2. Natural disaster prevention and control are the responsibility of the State, organizations and individuals in which the State plays the key role, organizations and individuals play a proactive role and communities help one another.

3. Natural disaster prevention and control are carried out under the ‘four on- the-spot motto’: command on the spot, manpower on the spot, means and supplies on the spot and logistics on the spot.

4. Natural disaster prevention and control contents must be integrated into national and local socio-economic development master plans and plans and sectoral development master plans and plans.

5. Humanity, fairness, transparency and gender equity must be guaranteed in natural disaster prevention and control.

6. Natural disaster prevention and control activities must be based on scientific grounds, combining traditional experiences and scientific and technological advances, combining structural and non-structural solutions; protecting the environment and eco-systems and adapting to climate change.

7. Natural disaster prevention and control activities are assigned, decentralized and closely coordinated among involved forces and conform to the levels of natural disaster risks.

Article 5. State policies on disaster prevention and control

1. To adopt synchronous policies on investment and resource mobilization and solutions for organizing natural disaster prevention and control; to build key natural disaster prevention and control works and support localities in building natural disaster prevention and control works as decentralized by the Government.

2. To provide training and education and conduct public information campaigns to raise people’s and communities’ sense of law observance and involvement in natural disaster prevention and control.

3. To invest in infrastructure in areas where natural disasters frequently occur; to relocate people living in dangerous areas to safe areas; to support the livelihoods and production of those suffering from damage caused by natural disasters, giving priority to areas frequently affected by natural disasters and vulnerable groups.

4. To encourage organizations, households and individuals to take proactively disaster prevention and control measures; to encourage organizations and individuals to build natural disaster prevention and control works, and research and apply scientific and technological advances in natural disaster prevention and control activities. The State protects the rights and lawful interests of organizations and individuals engaged in natural disaster prevention and control.

5. To offer incentives to and encourage insurance businesses to provide insurance against natural disaster risks; to support businesses conducting production and business activities in areas frequently affected by natural disasters in accordance with the laws on investment, enterprises and natural disaster prevention and control; to offer enterprise income tax exemption and reduction with regard to contributions made for natural disaster prevention and control purposes.

Article 6. Manpower for natural disaster prevention and control

1. Local organizations, households and individuals are on-the-spot forces, which shall carry out natural disaster prevention and control activities.

2. Militia and self-defense forces are on-the-spot forces, which shall perform natural disaster prevention and control tasks under local natural disaster prevention and control plans and the mobilization of competent persons.

3. The People’s Army and People’s Public Security forces shall perform natural disaster prevention and control tasks and act as the core in the evacuation of people, means and properties, rescue and salvage and assurance of security and social order and safety under the mobilization of competent persons.

4. Organizations and individuals that voluntarily support natural disaster prevention and control activities shall follow the command of competent persons.

Article 7. Supplies, means, equipment, information systems and essentials for natural disaster prevention and control activities

1. Supplies, means and equipment for natural disaster prevention and control activities include supplies, means and equipment of the State; supplies, means and equipment mobilized from local organizations and individuals; and supplies, means and equipment prepared by organizations, individuals and households themselves.

2. Information systems serving the state management and natural disaster prevention and control activities include:

a/ Information infrastructure, including public information systems and specialized equipment serving the direction and command of natural disaster prevention and control activities; automated data-transmission observation equipment; and early warning systems;

b/ Databases, including meteorological, hydrographical, oceanographic, seismic, earthquake and tsunami information database; database on natural disasters and damage caused by natural disasters; database on the system of natural disaster prevention and control works; database on infrastructure facilities related to natural disaster prevention and control; and data automatically observed and transmitted during natural disasters.

3. Essentials of organizations and individuals and national reserves, goods, supplies and equipment of state agencies serving natural disaster prevention and control activities including: food, curative medicines, drinking water, water treatment chemicals and equipment, disinfectants and other necessary articles to assure people’s lives when natural disasters occur.

Article 8. Financial sources for natural disaster prevention and control

1. State budget funds.

2. Natural disaster prevention and control funds.

3. Voluntary contributions of organizations and individuals.

Article 9. State budget funds for natural disaster prevention and control

1. State budget funds for natural disaster prevention and control include funds within annual expenditure estimates and state budget provisions.

2. State budget funds for natural disaster prevention and control within annual expenditure estimates are used for the elaboration of natural disaster prevention and control strategies and plans; construction, renovation and upgrading of natural disaster prevention and control works; natural disaster prevention and control activities; and regular operations of state management agencies at different levels in charge of natural disaster prevention and control.

The estimation, allocation, management and use of state budget funds for natural disaster prevention and control activities comply with the law on the state budget.

3. State budget provisions for natural disaster prevention and control are used according to the following provisions:

a/ To support the response to, and remediation of the consequences of, natural disasters;

b/ Based on response activities, the extent of damage, relief needs, prescribed regimes and policies, the People’s Committees of provinces and municipalities running cities (referred to below as the provincial level), the People’s Committees of districts, towns and provincial cities (referred to below as the district level) and the People’s Committees of communes, wards and townships (referred to below as commune level) shall decide to allocate local budget provisions to meet urgent needs to respond to, and remedy the consequences of natural disasters, which are not covered by the approved annual expenditure estimates;

c/ In case the local budget provisions are used up and insufficient to meet urgent needs, provincial-level People’s Committee chairpersons may propose to the Prime Minister to provide support. The Central Steering Committee for Natural Disaster Prevention and Control shall summarize the damage and support needs of localities and propose the support required to the Prime Minister for his decision.

Article 10. Natural disaster prevention and control funds

1. Natural disaster prevention and control funds are set up at the provincial level and managed by provincial-level People’s Committees. Natural disaster prevention and control funds neither include state budget funds nor originate from the state budget.

2. Financial sources of natural disaster prevention and control funds:

a/ Compulsory contributions of domestic and foreign economic organizations based in localities, and Vietnamese citizens aged from full 18 years and in the working age as prescribed by law;

b/ Other lawful sources.

3. Natural disaster prevention and control funds are used to support natural disaster prevention and control activities, with priority given to the following activities:

a/ Providing emergency relief in food, drinking water, curative medicines and other essentials to those suffering from damage caused by natural disasters.

b/ Supporting the repair of houses, health establishments and schools;

c/ Handling environmental sanitation issues in natural disaster-hit areas.

4. Natural disaster prevention and control funds must be managed and used in a proper, timely, public, transparent, equal and effective manner.

5. The Government shall specify the setting up of natural disaster prevention and control funds, the levels of contributions, subjects eligible for exemption from, reduction or suspension of payment of, contributions, and the management, use, payment and finalization of those funds.

Article 11. Voluntary contributions for natural disaster prevention and control

1. Organizations and individuals may make voluntary contributions for natural disaster prevention and control in the form of contributions to social funds or charity funds; participating in lawful fundraising events, and providing direct support to organizations, households and individuals suffering from damage caused by natural disasters.

2. Voluntary contributions prescribed in Clause 1 of this Article must be allocated and used in accordance with the law on social funds and charity funds and with the agreement of the administrations of localities where supported people reside.

Article 12. Prohibited acts

1. Taking advantage of natural disasters and natural disaster prevention and control activities to undermine the independence, sovereignty, unity and territorial integrity, national defense and security and other national interests; cause social disorder; infringe upon the State’s and people’s properties and rights and lawful interests of organizations, individuals and communities, or carry out other illegal activities.

2. Destroying, damaging, or obstructing the operation of, natural disaster prevention and control works.

3. Operating irrigation reservoirs, hydropower reservoirs, sluices and pumping stations in contravention of approved operation processes, except in special cases as directed by competent persons.

4. Carrying out activities, which increase natural disaster risks without taking treatment or remedial measures, especially cutting down protection forests, encroaching river banks and river beds, placing obstacles and obstructing the water currents or illegally exploiting sand, gravel or minerals, causing riverbank or coastline erosion.

5. Opposing, obstructing, intentionally delaying the implementation of, or disobeying competent agencies’ or persons’ direction or command on natural disaster prevention and control.

6. Opposing, obstructing or disobeying competent agencies’ or persons’ decisions on mobilization of manpower, supplies, means, equipment and essentials in urgent response to natural disasters.

7. Taking advantage of natural disasters to speculate and increase the prices of goods, supplies, means, equipment and essentials for self-seeking purposes, causing damage to people’s life.

8. Improperly using, appropriating or losing relief money and goods; failing to provide relief in time or providing relief to ineligible subjects.

9. Intentionally reporting untrue information on natural disasters or natural disaster prevention and control activities.

10. Intentionally making untrue reports on damage caused by natural disasters.