Chương II Luật Phòng thủ dân sự 2023: Hoạt động phòng thủ dân sự

Chapter II

CIVIL DEFENSE OPERATIONS

Section 1. PREPAREDNESS

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.

Article 30. Mobilizing and encouraging voluntary contribution, distributing assistance and aid resources

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.