Chapter I
GENERAL PROVISIONS
Article 1. Scope
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.
Article 2. Definitions
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.
Tìm kiếm
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