Chương V Luật phòng, chống thiên tai 2013: Trách nhiệm quản lý nhà nước về phòng, chống thiên tai

Chapter V

RESPONSIBILITY FOR STATE MANAGEMENT OF NATURAL DISASTER PREVENTION AND CONTROL

Article 42. State management responsibility of the Government, ministries and ministerial-level agencies

1. The Government shall perform the uniform state management of natural disaster prevention and control nationwide.

2. The Ministry of Agriculture and Rural Development shall take responsibility before the Government for performing the state management of natural disaster prevention and control, and has the following responsibilities:

a/ To promulgate according to its competence or submit to competent authorities for promulgation, and organize the implementation of, the National Strategy and plans, policies and legal documents on natural disaster prevention and control;

b/ To elaborate national standards, national technical regulations on assurance of safety during natural disasters for natural disaster prevention and control works under their management;

c/ To elaborate master plans and plans on agricultural production so as to limit damage caused by natural disasters and assure sustainable development;

d/ To manage the construction, repair, consolidation and protection of natural disaster prevention and control works, including dikes, dams, reservoirs, anti- flood, anti-inundation and anti-erosion works, storm shelters for ships and boats, and other facilities serving natural disaster prevention and control, as assigned by the Government;

dd/ To make statistics, process information and build databases to serve the state management of natural disaster prevention and control;

e/ To organize scientific and technological research and application of scientific and technological advances in natural disaster prevention and control, professional training, for natural disaster prevention and control personnel;

g/ To organize communication, information and education to improve community awareness about natural disaster prevention and control;

h/ To act as the focal point for international cooperation in natural disaster prevention and control, and propose the conclusion of or accession to, treaties on natural disaster prevention and control;

i/ To examine, inspect, settle complaints and denunciations, and handle violations of the law on natural disaster prevention and control according to its competence.

3. The Ministry of Natural Resources and Environment has the following responsibilities:

a/ To promulgate according to its competence or submit to competent authorities for promulgation, and direct according to its competence the implementation of, legal documents on natural disaster forecast and warning;

b/ To elaborate master plans and plans on and direct the performance of meteorological, hydrographical and oceanographic forecast;

c/ To organize the observation, collection and processing of information, identification, assessment and zoning of natural disaster risks, monitoring and surveillance of natural disasters; to make meteorological, hydrographical and oceanographic forecasts and warnings, promptly provide accurate information on natural disasters to the Central Steering Committee for Natural Disaster Prevention and Control and related ministries, ministerial-level agencies, government-attached agencies and localities and the mass media under regulations;

d/ To organize scientific and technological research and application of scientific and technological advances and international cooperation in natural disaster forecast and warning; professional training for natural disaster forecast and warning personnel; to disseminate knowledge, experiences and law on natural disaster forecast and warning;

dd/ To examine, inspect, settle complaints and denunciations, and handle violations of the law on natural disaster prevention and control according to its competence.

4. The Ministry of National Defense has the following responsibilities:

a/ To promulgate according to its competence or submit to competent authorities for promulgation, and direct the implementation of, legal documents on coordination between its agencies and units and other agencies and organizations in natural disaster prevention and control;

b/ To elaborate master plans and plans on and direct the performance of its tasks in natural disaster prevention and control and remediation of natural disaster consequences;

c/ To work out plans on deployment of manpower and means ready for the protection of dikes and dams, flood diversion and slowing, search and rescue;

d/ To collect information relating to natural disasters and direct the response to and handling of emergencies and remediation of natural disaster consequences;

dd/ To examine, inspect, settle complaints and denunciations, and handle violations of the law on natural disaster prevention and control according to its competence.

5. The Ministry of Public Security has the following responsibilities:

a/ To promulgate according to its competence or submit to competent authorities for promulgation, and directing the implementation of, legal documents on assurance of social security, order and safety in natural disaster prevention and control;

b/ To work out plans on assurance of social security, order and safety when natural disasters occur, and coordinate with the Ministry of National Defense, ministries, ministerial-level agencies and localities in participating in the salvation and rescue of people affected by natural disasters and remediation of natural disaster consequences;

c/ To examine, inspect, settle complaints and denunciations, and handle violations of the law on natural disaster prevention and control according to its competence.

6. The Ministry of Information and Communications has the following responsibilities:

a/ To promulgate according to its competence or submit to competent authorities for promulgation, and direct the implementation of, legal documents on assurance of information in natural disaster prevention and control;

b/ To elaborate master plans and plans on and direct the assurance of safety and uninterrupted operation of the general communication network;

c/ To prepare back-up for specialized information equipment and devices for natural disaster prevention and control in any natural disaster circumstances;

d/ To direct the mass media in reporting on natural disaster prevention and control;

dd/ To examine, inspect, settle complaints and denunciations, and handle violations of the law on natural disaster prevention and control according to its competence.

7. The Ministry of Transport has the following responsibilities:

a/ To promulgate according to its competence or submit to competent authorities for promulgation, and direct the implementation of, legal documents on assurance of transport in natural disaster prevention and control;

b/ To elaborate master plans and plans on and direct the transport development in line with the strategy and plans on natural disaster prevention and control;

c/ To prepare manpower, means and supplies for traffic rescue and assurance of transport safety when natural disasters occur;

d/ To examine, inspect, settle complaints and denunciations, and handle violations of the law on natural disaster prevention and control according to its competence.

8. The Ministry of Industry and Trade has the following responsibilities:

a/ To promulgate according to its competence or submit to competent authorities for promulgation, and direction the implementation of, legal documents on assurance of safety for hydropower reservoirs under its management in natural disaster prevention and control;

b/ To work out plans on natural disaster prevention and control; to direct the assurance of safety for mining zones, power sources and lines and industrial establishments under its management;

c/ To assume the prime responsibility for, and coordinate with provincial-level People’s Committees in, working out plans on preparation and supply of essentials for local people, especially in deep-lying and remote areas and natural disaster-prone areas; and to coordinate with local administrations at all levels in making proper contingency preparations on the spot;

d/ To examine, inspect, settle complaints and denunciations, and handle violations of the law on natural disaster prevention and control according to its competence.

9. The Ministry of Construction has the following responsibilities:

a/ To promulgate according to its competence or submit to competent authorities for promulgation, and direct the implementation of, legal documents on assurance of safety for construction works in accordance with the law on natural disaster prevention and control; to assume the prime responsibility for, and coordinate with and guide local administrations in, implementing construction master plans to assure safety of construction works during natural disasters;

b/ To elaborate and promulgate national technical regulations on safety of construction works during natural disasters;

c/ To examine, inspect, settle complaints and denunciations, and handle violations of the law on natural disaster prevention and control according to its competence.

10. The Ministry of Finance has the following responsibilities:

a/ To promulgate according to its competence or submit to competent authorities for promulgation, and direct the implementation of, legal documents on finance for natural disaster prevention and control and policy on insurance against natural disaster risks;

b/ To summarize and assign state budget estimates for natural disaster prevention and control tasks in accordance with the Law on the State Budget and this Law;

c/ To examine, inspect, settle complaints and denunciations, and handle violations of the law on natural disaster prevention and control according to its competence.

11. The Ministry of Planning and Investment has the following responsibilities:

a/ To promulgate according to its competence or submit to competent authorities for promulgation, and direct the implementation of, legal documents on integration of natural disaster prevention and control contents into national, ministerial and local socio-economic development plans;

b/ To invest in natural disaster prevention and control works;

c/ To integrate natural disaster prevention and control contents into national socio-economic development plans;

d/ To examine, inspect, settle complaints and denunciations, and handle violations of the law on natural disaster prevention and control according to its competence.

12. The Ministry of Education and Training has the following responsibilities:

a/ To promulgate according to its competence or submit to competent authorities for promulgation, and direct the implementation of, legal documents on integration of natural disaster prevention and control knowledge in curricula at all educational levels;

b/ To direct the planning of construction of schools, educational and training institutions combined with natural disaster prevention and control purposes suitable to regional and local natural disaster characteristics in order to assure safety for people and works;

c/ To examine, inspect, settle complaints and denunciations, and handle violations of the law on natural disaster prevention and control according to its competence.

13. The Ministry of Health has the following responsibilities:

a/ To promulgate according to its competence or submit to competent authorities for promulgation, and direct the implementation of, legal documents on health in natural disaster prevention and control;

b/ To reserve medicines and medical equipment and guide health workers and the community on common FirstAid techniques and environmental sanitation measures;

c/ To direct the provision of First Aid to injured people, and prevention and control of epidemics and diseases before, during and after natural disasters;

d/ To examine, inspect, settle complaints and denunciations, and handle violations of the law on natural disaster prevention and control according to its competence.

14. The Ministry of Labor, War Invalids and Social Affairs has the following responsibilities:

a/ To promulgate according to its competence or submit to competent authorities for promulgation, and direct the implementation of, legal documents on social relief in the remediation of natural disaster consequences;

b/ Based on actual damage and relief needs, to propose to the Prime Minister for decision, support for localities to quickly stabilize the lives of people in natural disaster-hit areas;

c/ To guide the integration of gender issues in natural disaster prevention and control;

d/ To examine, inspect, settle complaints and denunciations, and handle violations of the law on natural disaster prevention and control according to its competence.

15. Ministries and ministerial-level agencies shall, within their functions and assigned tasks, elaborate annual plans on and perform tasks of natural disaster prevention and control under their management.

Article 43. Responsibilities of People’s Committees at all levels

1. Provincial- and district-level People’s Committees have the following responsibilities:

a/ To organize the dissemination and implementation of the Law on Natural Disaster Prevention and Control;

b/ To elaborate, approve and implement local plans on natural disaster prevention and control under their management;

c/ To integrate natural disaster prevention and control contents into local socio-economic development master plans and plans;

d/ To manage the implementation of master plans on the construction of urban centers, rural residential areas, technical infrastructure and production, suitable to local natural disaster characteristics, assuring sustainable development;

dd/ To elaborate and approve local natural disaster response plans; to prepare manpower, supplies, means, equipment and essentials and organize drills under approved plans;

e/ To inspect and urge the reserve of food, essentials, water treatment chemicals, curative medicines, medicines for epidemic prevention, means, supplies and equipment under the ‘four on-the-spot’ motto in order to proactively respond to natural disasters;

g/ To build, repair, consolidate, upgrade, manage and protect local natural disaster prevention and control works;

h/ To organize standing units and command the response to natural disasters; to summarize, make statistics of and assess damage caused by, natural disasters;

i/ To direct and organize the implementation of measures to protect production when natural disasters occur in order to reduce damage and quickly rehabilitate production;

k/ To organize the management and distribution of emergency relief money and goods of the State, organizations and the community to stabilize people’s lives, rehabilitate production and remedy consequences of natural disasters in accordance with law;

l/ To examine, inspect, settle complaints and denunciations, and handle violations of the law on natural disaster prevention and control according to its competence.

2. Commune-level People’s Committees have the following responsibilities:

a/ To organize the dissemination and implementation of this Law and relevant regulations on natural disaster prevention and control;

b/ To elaborate, approve and implement plans on natural disaster prevention and control; to integrate natural disaster prevention and control contents into local socio-economic development master plans and plans;

c/ To manage and protect local natural disaster prevention and control works;

d/ To elaborate and approve local natural disaster response plans and organize drills under approved plans;

dd/ To organize the reserve of food, essentials, water treatment chemicals, curative medicines, medicines for epidemic prevention, means, supplies and equipment under the ‘four on-the-spot’ motto in order to proactively respond to natural disasters;

e/ To organize standing units and command the prevention of and response to natural disasters and remediation of consequences of natural disasters; to make statistics of damage caused by natural disasters in their localities;

g/ To implement measures to protect production when natural disasters occur in order to reduce damage and quickly rehabilitate production;

h/ To receive, manage and distribute emergency relief money and goods of the State, organizations and the community to stabilize people’s lives, rehabilitate production and remedy consequences of natural disasters in accordance with law.

Article 44. Agencies directing and commanding natural disaster prevention and control