Chương VI Luật Phòng thủ dân sự 2023: Trách nhiệm của cơ quan, tổ chức về phòng thủ dân sự

Chapter VI

RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS IN CIVIL DEFENSE

Article 42. Details and responsibilities for state management in civil defense

1. State management details in civil defense include:

a) Promulgating and requesting competent authority to promulgate, organize implementation of legislative documents on civil defense; developing and coordinating implementation of civil defense strategy and plan;

b) Communicating, publicizing, and educating regulations, knowledge on civil defense;

c) Organizing training, advanced training, drills, developing civil defense forces, structures, and equipment;

d) Implementing international cooperation in civil defense;

dd) Conducting examination, inspection, imposing penalties, processing complaints, denunciation, conclusion, and commendation in civil defense.

2. State management responsibilities in civil defense include:

a) The Government shall perform joint state management in civil defense on a nationwide scale;

b) Ministers, ministerial agencies shall be responsible to the Government for taking charge, cooperating in performing tasks, state management in civil defense within their fields of operation on a nationwide scale;

c) People’s Committees of all levels, within their tasks and powers, shall be responsible for implementing statement in civil defense.

Article 43. Responsibilities of Ministry of National Defense

The Ministry of National Defense shall be responsible to the Government for implementing state management in civil defense; take charge and cooperate with ministries, central departments, ministerial agencies, and local governments in:

1. Promulgating, requesting competent authority to promulgate, and organizing implementation of legislative documents on civil defense in their sector;

2. Assisting the Prime Minister in coordinating interdisciplinary issues regarding civil defense as per the law;

3. Developing and organizing implementation of national strategy for civil defense, national civil defense plan; guiding ministries, central departments, ministerial agencies, and local governments to develop plans, prepare equipment for civil defense within their fields of operation;

4. Developing details and programs for training, advanced training, drills, and education on civil defense for local civil defense forces.

5. Guiding construction of specialized civil defense structures in combination with military formation in defense areas;

6. Organizing research, popularizing, applying science, high technology, advanced and modern technology in civil defense;

7. Implementing international cooperation in civil defense;

8. Inspecting, examining, taking actions against violations, settling complaints, disputes, concluding, and commending actions in civil defense.

Article 44. Responsibilities of Ministry of Public Security

1. Promulgating, requesting competent authority to promulgate, and organizing implementation of legislative documents on civil defense in their sector.

2. Taking charge and cooperating with ministries, central departments, ministerial agencies, and local governments in developing plans, solutions, and organizing implementation of political security and social order, safety tasks in areas where adverse events, catastrophes occur.

3. Taking charge and cooperating with Ministry of National Defense, ministries, central departments, ministerial agencies, People’s Committees of provinces in developing nation-level plan for responding to major fire; responding to cybersecurity risks.

4. Developing civil defense plans in people’s public security; cooperating in organizing standby forces and instruments to respond to adverse events, catastrophes, search and rescue as per the law.

5. Developing details and programs for training, advanced training, drills, and education on civil defense for civil defense forces.

6. Taking charge and cooperating with ministries, central departments, ministerial agencies, and local governments in fighting exploitation of adverse events and catastrophes that causes loss of social security, order, safety.

Article 45. Responsibilities of Ministry of Agriculture and Rural Development

1. Promulgating, requesting competent authority to promulgate, and organizing implementation of legislative documents on civil defense in their sector.

2. Taking charge and cooperating with ministries, central departments, ministerial agencies, and local governments in taking measures for mitigating consequences of adverse events, catastrophes in accordance with natural disaster preparedness and control laws.

3. Taking charge and cooperating with ministries, central departments, ministerial agencies, and local governments in developing nation-level plans for responding to dam, reservoir, embankment failure; forest fire; storms, flood, inundation; flashflood, landslide, and other natural disasters.

4. Developing details and programs for training, advanced training, drills, and education on civil defense for civil defense forces within specific sector.

Article 46. Responsibilities of Ministry of Transport

1. Promulgating, requesting competent authority to promulgate, and organizing implementation of legislative documents on civil defense in their sector.

2. Taking charge and cooperating with ministries, central departments, ministerial agencies, and local governments in developing and implementing plans, solutions for using traffic infrastructures, equipment within their management for the purpose of civil defense tasks. In case of adverse events or catastrophes, coordinating affiliated agencies and entities to organize forces and instruments to evacuate people, search, and rescue under coordination of the National Steering Committee for Civil Defense.

3. Taking charge and cooperating with Ministry of Public Security, Ministry of National Defense, Ministry of Health, central departments, and People’s Committees of provinces in developing nation-level plans for responding to vessel accidents at sea, responding to extremely severe road accidents, railway accidents, inland waterway accidents, and responding to aviation accidents in Vietnamese territory. Deploying plans and measures for using forces, equipment to respond to adverse events, catastrophes, search and rescue; coordinating search and rescue teams in traffic sector; coordinating, guiding local governments to organize transport teams to evacuate people and vehicles to safe areas, provide logistics support, and transport the injured in case of adverse events and catastrophes.

4. Cooperating with Ministry of National Defense and Ministry of Foreign Affairs in licensing and cooperating with foreign forces and instruments in searching, rescuing in case of adverse events and catastrophes.

5. Developing details and programs for training, advanced training, drills, and education on civil defense for civil defense forces within specific sector.

Article 47. Responsibilities of Ministry of Finance

1. Promulgating, requesting competent authority to promulgate, and organizing implementation of legislative documents on civil defense in their sector.

2. Taking charge and cooperating with ministries, central departments, ministerial agencies, and local governments in requesting competent authority to allocate annual recurrent expenditure estimates for civil defense duty in accordance with state budget laws.

3. Coordinating implementation of national reserve plan assigned by the Prime Minister; assessing and requesting the Prime Minister to decide on timely and adequate release of national reserves for civil defense duty according to decision of competent authority.

Article 48. Responsibilities of Ministry of Health

1. Promulgating, requesting competent authority to promulgate, and organizing implementation of legislative documents on civil defense in their sector.

2. Publicizing information on diseases, level of impact, and preventive measures.

3. Developing details and programs for training, advanced training, drills, and education on civil defense for civil defense forces within specific sector.

4. Cooperating with Ministry of National Defense in planning for system of “quân dân y” (military and people medicine) medical examination and treatment establishments in border areas, coastal areas, and islands; strengthening healthcare system for civil defense operations.

Article 49. Responsibilities of Ministry of Natural Resources and Environment

1. Promulgating, requesting competent authority to promulgate, and organizing implementation of legislative documents on civil defense in their sector.

2. Coordinating and commanding examination, verification of environmental pollution sites in interregional locations, transnational locations; guiding damage identification, and organizing recovery from environmental pollution and degradation.

3. Taking charge and cooperating with Ministry of National Defense, Ministry of Information and Communications, central departments, ministerial agencies, and relevant local governments in constructing research centers, forecast and warning system for adverse events and catastrophes caused by nature or the environment and relating to civil defense.

4. Organizing surveying, examination, and monitoring for meteorology, hydrology, geology deformation information and data.

5. Directing implementation of forecast and warning, promptly and adequately providing forecast and warnings for adverse events and catastrophes relating to geology, meteorology, hydrography, oceanography to National Steering Committee for Civil Defense, ministries, central departments, ministerial agencies, local governments, and mass media authority as per the law.

6. Directing science, technology research and application, and implementing smart solutions in monitoring, supervision, management, recovery from environmental adverse events, and early warning for natural disasters.

7. Developing details and programs for training, advanced training, drills, and education on civil defense for civil defense forces within specific sector.

Article 50. Responsibilities of Ministry of Industry and Trade

1. Promulgating, requesting competent authority to promulgate, and organizing implementation of legislative documents on civil defense in their sector.

2. Closely managing production and operation of nuclear power, minerals, toxic chemical substances, industrial explosive substances to minimize risks of adverse events and catastrophes in industrial sector; closely managing import and export of toxic chemical substances, dangerous chemical substances.

3. Taking charge and cooperating with ministries, central departments, ministerial agencies in directing and guiding handling of mine explosions and collapse in manufacturing, mining facilities of nuclear power, coal, gasoline, petroleum, chemicals, industrial explosives.

4. Taking charge and cooperating with Ministry of National Defense, Ministry of Public Security, other ministries, central departments, ministerial agencies, and local governments in developing National plans for responding to fire risks of drilling rigs, pipelines carrying oil, toxic chemical substances, gas, collapse of mineral mines; guiding local governments to prepare plans and forces, instruments to respond to oil spill accidents and accidents involving toxic chemical substances as per the law.

5. Cooperating with ministries, central departments, and ministerial agencies in developing energy reserve plans to maintain national defense, security, socio-economic activities and implement civil defense duty.

6. Stabilizing market price and guaranteeing availability of supplies for people in areas affected by adverse events, catastrophes.

7. Developing details and programs for training, advanced training, drills, and education on civil defense for civil defense forces within specific sector.

Article 51. Responsibilities of ministries, central departments, ministerial agencies

Within their tasks and powers, ministries, central departments, and ministerial agencies are responsible for taking charge, cooperating with Ministry of National Defense in performing state management civil defense and:

1. Promulgating, requesting competent authority to promulgate and organizing implementation of legislative documents on civil defense;

2. Commanding affiliated agencies and entities to organize execution of civil defense plans and measures; organizing their forces and instruments to perform civil defense tasks under assignment of competent authority.

Article 52. Responsibilities of local government

1. People’s Councils of all levels, within their tasks and powers, are responsible for:

a) issuing decisions on principles and solutions for developing civil defense forces and budget to implement civil defense tasks as per the law;

b) supervising compliance with the Constitution, regulations, and resolutions of the People’s Councils in local civil defense as per the law.

2. People’s Committees of all levels, within their tasks and powers, shall be responsible for performing statement in local civil defense and:

a) promulgating documents to execute civil defense duty in accordance with regulations, resolutions of People’s Councils of the same levels, and tasks assigned by competent authority regarding local civil defense;

b) commanding development and execution of civil defense plans; developing, training, mobilizing forces to implement civil defense measures; guaranteeing benefits and allowances for local civil defense forces.

c) commanding and organizing implementation of resolutions of People’s Councils of the same levels regarding securing budget for local civil defense operations;

d) directing and conducting inspection, examination, taking actions against violations, settling complaints, disputes, concluding, and commending local civil defense operations.

Article 53. Responsibilities of Vietnamese Fatherland Front and members thereof

The Vietnamese Fatherland Front and members thereof, within their tasks and powers, are responsible for cooperating with agencies and organizations in publicizing and mobilizing people to comply with regulations on civil defense; supervising compliance with regulations on civil defense.