Chương II Nghị định 66/2021/NĐ-CP: Quy định cụ thể

Chapter II

SPECIFIC PROVISIONS

Section 1. RESPONSIBILITY FOR NEWS BROADCASTING; NEWS BROADCASTING FREQUENCY AND DURATION; COMMUNICATION NETWORKS AND EQUIPMENT SERVING COMMAND OVER NATURAL DISASTER RESPONSE

Article 3. Agencies responsible for news broadcasting

1. Vietnam Television, Voice of Vietnam, Vietnam News Agency, coastal communication stations, radio and television stations of provinces and central-affiliated cities and press agencies shall broadcast news about instructional documents about natural disaster response promulgated by the Prime Minister, National Steering Committee for Natural Disaster Prevention and Control and National Committee for Search and Rescue.

2. People’s Committees at all levels shall direct and organize the prompt and accurate provision of disaster forecasts and warnings and broadcasting of news about instructional documents promulgated by the Prime Minister, National Steering Committee for Natural Disaster Prevention and Control, National Committee for Search and Rescue, superior Steering Committee for Natural Disaster Management and Search and Rescue and the Steering Committee for Natural Disaster Management and Search and Rescue at the same level within the area that receives warnings.

3. Ministries, ministerial agencies and Governmental agencies shall direct their specialized information systems to broadcast news about natural disaster management in the fields under their management.

4. The Ministry of Information and Communications shall preside over and cooperate with the Ministry of Agriculture and Rural Development and Ministry of Natural Resources and Environment in providing guidelines or requesting competent authorities to promulgate documents providing guidelines for transmitting disaster messages in the event of emergency-level disasters.

Article 4. Frequency and duration of broadcasting news about commands over natural disaster response

1. Vietnam Television, Voice of Vietnam, Vietnam News Agency, coastal communication stations, radio and television stations of provinces and central-affiliated cities, press agencies and relevant special-purpose information systems shall broadcast and transmit news about all information specified in instructional documents about natural disaster response promulgated by the Prime Minister, National Steering Committee for Natural Disaster Prevention and Control and National Committee for Search and Rescue immediately after receiving such news and re-broadcast it at least every 3 hours regarding the level 3 disaster and at least every 01 hour regarding the disaster exceeding level 3 and give priority to broadcasting news in the event of an emergency-level disaster until a new instructional document is available or natural disaster response activities have been carried out or \ disaster developments have changed and do not exert any effect.

2. The duration of news about commands over natural disaster response must be adequate to cover all information specified in an instructional document promulgated by a competent authority, disaster forecast and warning and clearly state changes to the instructional document, and update information about natural disaster developments and natural disaster response activities.

3. Radio and Television stations at all levels shall broadcast news about instructional documents promulgated by the Steering Committee for Natural Disaster Management and Search and Rescue at the same level and instructional documents of the supervisory authority immediately after receiving such news and re-broadcast it at the request of the Steering Committee for Natural Disaster Management and Search and Rescue at the same level in conformity with natural disaster developments and local response activities.

When a level-2, level-3 or level-4 disaster occurs, the Steering Committee for Natural Disaster Management and Search and Rescue at the same level or the superior Steering Committee for Natural Disaster Management and Search and Rescue shall decide on the frequency of broadcasting news.

4. The Steering Committees for Natural Disaster Management and Search and Rescue at all levels shall provide guidelines for frequency and duration of broadcasting news about commands over natural disaster response on information systems within their areas. The areas where radio and television stations are not available, local conventional communication equipment or commands shall be used to inform disaster-prone households.

Article 5. Communication networks and equipment serving command over natural disaster response

1. Public communication networks serving command over natural disaster response, including:

a) Fixed ground and satellite telecommunications network;

b) Ground and satellite telecommunications network;

c) Radio and television transmission and broadcasting network;

d) Public postal network.

2. Special-purpose information networks, including:

a) Hotlines directly serving command over natural disaster management;

b) Dedicated telecommunications network serving authorities of the Communist Party and the State, national defense and security and natural disaster management purposes; special-purpose motor vehicles serving dissemination of disaster management information;

c) Postal network serving authorities of the Communist Party and the State, and national defense and security purposes;

d) Dedicated telecommunications network and postal network of other organizations and enterprises;

dd) Communication network serving warning of tsunami and other natural disasters;

e) Network of warning information transmitted from special-purpose monitoring system.

3. Communication equipment serving command over natural disaster response, including:

a) Telephones;

b) Computers;

c) Facsimile machines;

d) Radio equipment;

dd) Television equipment;

e) Automatic monitoring equipment;

g) Public communication network, automatic special-purpose monitoring equipment; early warning system;

h) Other information equipment and tools.

4. Based on the disaster management requirements and tasks, Ministries, ministerial agencies, Governmental agencies and People’s Committees at all levels shall prepare a plan for procurement of communication equipment and submit it to a competent authority for approval; organize the procurement, management and use thereof as prescribed by law.

Section 2. ALLOCATION OF RESPONSIBILITY AND COOPERATION IN NATURAL DISASTER RESPONSE

Article 6. Natural disaster risk levels

Natural disaster risk is classified into 05 levels depending on the severity of the natural disaster. These five levels are level 1, level 2, level 3, level 4 and level 5 (emergency). The Prime Minister shall elaborate natural disaster risk levels.

Article 7. Allocation of responsibility and cooperation in level 1 natural disaster response

1. Every Chairman/Chairwoman of the communal People’s Committee shall directly command and mobilize resources to promptly respond to a natural disaster upon its occurrence; provide assistance in response at the request of local authorities in the near vicinity; submit reports and carry out commands given by the superior natural disaster management agency; is entitled to mobilize the following resources for disaster response:

a) Communal voluntary forces in charge of disaster management, militia and self-defense forces, adolescents, local organizations and individuals and voluntary organizations and individuals;

b) Reserve supplies prepared by the people, and supplies, equipment and vehicles of the commune and local organizations and individuals.

2. The forces participating in natural disaster response within the commune shall closely cooperate with each other under the command of the Chairman/Chairwoman of the communal People’s Committee or the authorized person.

3. In case it is beyond the capacity of the commune, the Chairman/Chairwoman of the communal People’s Committee shall request the district-level People’s Committee to provide assistance.

4. The Chairman/Chairwoman of the district-level People’s Committee shall directly command and mobilize resources within his/her power to respond to the natural disaster if the level 1 natural disaster hits at least two communes or when receiving the request for assistance from the Chairman/Chairwoman of the communal People’s Committee, and carry out commands given by the superior natural disaster management agency.

5. The Chairman/Chairwoman of the district-level People’s Committee is entitled to mobilize the following resources to respond to natural disasters:

a) Army and public security forces, militia and self-defense forces, adolescents, local organizations and individuals and voluntary organizations and individuals;

b) Supplies, equipment and vehicles of the district and local organizations and individuals.

6. The forces participating in natural disaster response within a district shall closely cooperate with each other under the command of the Chairman/Chairwoman of the district-level People’s Committee or the authorized person.

Article 8. Allocation of responsibility and cooperation in level 2 natural disaster response

1. Every Chairman/Chairwoman of the provincial People’s Committee shall command local authorities, agencies and units within the province to respond to natural disasters; mobilize resources within his/her power to promptly respond to natural disasters in conformity with natural disaster developments, and submit reports and carry out commands given by the Prime Minister, National Steering Committee for Natural Disaster Prevention and Control and National Committee for Search and Rescue.

2. The Chairman/Chairwoman of the provincial People’s Committee is entitled to mobilize the following resources to respond to natural disasters:

a) Army and public security forces, militia and self-defense forces, adolescents, organizations and individuals, search and rescue forces, fisheries surveillance forces and voluntary organizations and individuals;

b) Supplies, equipment and vehicles of the province, and local organizations and individuals’ reserve supplies serving natural disaster management.

3. The Chairman/Chairwoman of the district- and communal-level People’s Committee shall assume the responsibilities specified in Article 7; obey commands of the superior agency; instruct and evacuate people to safe places. The Chairman/Chairwoman of the district-level People’s Committee shall decide to carry out coercive evacuation in the case where an organization or individual fails to voluntarily obey commands and guidelines for natural disaster management for the sake of safety of people.

4. In case it is beyond the capacity of the province, the Chairman/Chairwoman of the provincial People’s Committee shall notify and request the National Steering Committee for Natural Disaster Prevention and Control and National Committee for Search and Rescue to provide assistance.

5. The National Steering Committee for Natural Disaster Prevention and Control shall preside over and cooperate with the National Committee for Search and Rescue in directly commanding, managing or mobilizing resources for natural disaster response upon occurrence of the disaster whose developments may result in serious consequences or upon receiving the request for assistance from the Chairman/Chairwoman of the People’s Committee. The forces participating in natural disaster response within the province shall closely cooperate with each other and obey the command of the Chairman/Chairwoman of the provincial People’s Committee or the authorized person.

Article 9. Allocation of responsibility and cooperation in level 3 natural disaster response

1. The National Steering Committee for Natural Disaster Prevention and Control shall direct local authorities, Ministries, ministerial agencies and Governmental agencies to take disaster response measures, and decide to take urgent measures and mobilize resources within their power to provide assistance in natural disaster response upon request.

2. The National Committee for Search and Rescue shall, according to current situation, preside over and cooperate with ministries and local authorities in directing and setting up forces and providing vehicles for search and rescue, and participate in coordinating disaster response activities.

3. Steering Committees for Natural Disaster Management and Search and Rescue of Ministries, ministerial agencies and Governmental agencies shall take disaster response measures under their management, and participate in disaster response under the direction of the National Steering Committee for Natural Disaster Prevention and Control and the National Committee for Search and Rescue.

4. The Chairman/Chairwoman of the provincial People’s Committee shall mobilize resources within his/her power and take disaster response measures within the province.

5. The Chairman/Chairwoman of the district- and communal-level People’s Committee shall, according to local situation, assume the responsibilities specified in Clause 3 Article 8 of this Decree and obey commands of the superior agency.

6. In case the disaster exceeds level 3 or the disaster developments may result in serious consequences, the National Steering Committee for Natural Disaster Prevention and Control shall request the Prime Minister to provide directions.

Article 10. Allocation of responsibility and cooperation in level 4 natural disaster response

1. The Prime Minister shall direct Ministries, ministerial agencies, Governmental agencies and relevant local authorities to take disaster response measures.

2. The National Steering Committee for Natural Disaster Prevention and Control shall advise the Government and the Prime Minister on disaster response measures; and on establishment of a Front Line Steering Committee to deal with special situations and directly provide instructions at site.

3. The National Committee for Search and Rescue shall preside over and cooperate with ministries and local authorities in directing and setting up forces and providing vehicles for search and rescue, and participate in coordinating disaster response activities.

4. Ministers, heads of ministerial agencies. heads of Governmental agencies shall take disaster response measures under their management, and participate in disaster response under the direction of the Prime Minister, National Steering Committee for Natural Disaster Prevention and Control and National Committee for Search and Rescue.

5. The Chairman/Chairwoman of the provincial People’s Committee shall command and mobilize resources within his/her power to promptly respond to natural disasters within the province and follow the direction of the Prime Minister, National Steering Committee for Natural Disaster Prevention and Control and National Committee for Search and Rescue.

6. The Chairman/Chairwoman of the district- and communal-level People’s Committee shall, according to local situation, assume the responsibilities specified in Clause 3 Article 8 of this Decree and obey commands of the superior agency.

Article 11. Allocation of responsibility and cooperation in emergency response

1. In case the disaster exceeds level 4, the National Steering Committee for Natural Disaster Prevention and Control shall report it to the Prime Minister so as for him to request the State President to declare a state of emergency.

2. The allocation of responsibility and cooperation in disaster response shall comply with regulations of law on state of emergency.

Section 3. DISASTER-RELATED EMERGENCIES; TYPES OF URGENT PROJECTS ON NATURAL DISASTER MANAGEMENT AND RECOVERY

Article 12. Disaster-related emergencies

1. Disaster-related emergencies mean situations of disasters that have occurred or are occurring or threaten lives, health and houses of many people and safety of dikes, dams, reservoirs, works serving natural disaster management, important infrastructural constructions in use such as aerodromes, railways, highways, national routes, provincial routes, national terminals, high-voltage grid system (66 kV or above), national historical sites, schools, hospitals at the district level or higher, premises of agencies at district level or higher, economic zones and industrial parks, therefore, it is necessary to immediately take emergency response measures to promptly prevent and quickly remedy the consequences. A disaster-related emergency is declared under a competent person's decision.

2. A decision on declaration of disaster-related emergency contains the following main information:

a) Developments and extent of impact of the disaster or incident; disaster management work incident or construction work incident caused by the disaster; degree of damage to the works; possible damage or risk of causing damage, especially in relation to human safety;

b) Emergency measures that need to be immediately applied to respond to and remedy the consequences in order to prevent and minimize the damage caused by the disaster or work incident;

c) Delegation of responsibility to agencies and units concerned for disaster and incident response and recovery.

3. Power and procedures for deciding to declare and terminate a disaster-related emergency:

a) Every Chairman/Chairwoman of the provincial People’s Committee shall decide to declare the disaster-related emergencies specified in Clause 1 of this Article within the province. The provincial Steering Committee for Natural Disaster Management and Search and Rescue or specialized agency shall advise the Chairman/Chairwoman of the provincial People’s Committee on disaster-related emergency declaration.

b) Ministers and heads of ministerial agencies shall decide to declare the disaster-related emergencies specified in Clause 1 of this Article which affect the works and infrastructure under their management. The Steering Committees for Natural Disaster Management and Search and Rescue or specialized agencies affiliated to Ministries and ministerial agencies shall advise the Ministers and heads of ministerial agencies on disaster-related emergency declaration;

c) In the event of a large-scale disaster that is beyond the capacity for response and recovery of ministries and local authorities, the National Steering Committee for Natural Disaster Prevention and Control shall advise and request the Prime Minister to consider declaring emergencies;

d) Based on disaster developments or recovery results, the advising agency shall submit a decision on disaster-related emergency termination for promulgation;

dd) Responsibility for disaster response and recovery in case of emergency: adhere to the principles specified in Articles 7 through 10 of this Decree and comply with the decision on emergency declaration. Ministers and heads of ministerial agencies shall cooperate with Chairmen/Chairwomen of provincial People’s Committees in preparing forces, supplies, vehicles and equipment for response to disaster-related emergencies within the industries and sectors under their management.

4. Measures applied in case of emergency:

Chairmen/Chairwomen of provincial People’s Committees, Ministers and heads of ministerial agencies shall cooperate mobilize resources to respond to emergencies. Major measures include:

a) Mobilizing forces, vehicles and resources for search and rescue; provide timely first aid to victims; quickly evacuating people from dangerous places; organizing logistics at the evacuation place;

b) Providing emergency aid, medical examination and treatment and free medicines to the people; mobilize health facilities to participate in administering treatment to victims;

c) Supplying free food and other necessities to enable the people to remedy the environment and prevent and control diseases, supplying drinking water and stabilize people's life during disaster response and recovery;

d) Mobilize all resources (including resources from the Disaster Management Funds) to deal with disaster management work incidents.

dd) Other necessary measures;

e) If the emergency or incident is beyond the response capacity of ministries and local authorities, the Chairmen/Chairwomen of provincial People's Committees, Ministers and heads of ministerial agencies shall report it to the National Steering Committee for Natural Disaster Prevention and Control which will request the Prime Minister to consider providing assistance within power.

Article 13. Urgent projects on natural disaster management and recovery

1. Emergency project on natural disaster management and recovery is a project that needs to be executed to immediately remedy or promptly handle consequences caused by a disaster in the case of emergency or disaster-related emergency under a competent authority’s decision.

2. Decision to invest in or execution of urgent projects on natural disaster management and recovery shall comply with Article 130 of the Law on Construction amended by Clause 48 Article 1 of the Law on Amendments to the Law on Construction, Clause 6 Article 18, and Article 42 of the Law on Public Investment, Article 58 of the Government’s Decree No. 15/2021/ND-CP dated March 03, 2021 and relevant regulations of law on construction, public investment and bidding; direct contracting method shall be assigned or applied to such projects as prescribed in Point a Clause 1 Article 22 of the Law on Bidding to select contractors.

Section 4. DISASTER RECOVERY; MOBILIZATION, FUNDRAISING AND ALLOCATION OF RESOURCES FOR DISASTER RELIEF AND ASSISTANCE IN DISASTER RECOVERY

Article 14. Principles of disaster recovery

1. Proactively use local resources to carry out disaster recovery, if cases are beyond the balancing capacity of ministries and local authorities, report and send such cases to the National Steering Committee for Natural Disaster Prevention and Control, which will consolidate and report them to the Prime Minister for his decision to provide assistance.

2. Ensure that the disaster recovery is carried out in a timely, effective, public and transparent manner and targets appropriate victims.

3. Give priority to supporting people’s livelihood, restoring production and urgently correcting damage to essential natural disaster management works and construction works.

4. Carry out restoration, repair and reconstruction in a more sustainable manner.

Article 15. Producing statistics on and assessing damage

1. Production of statistics on and assessment of damage shall be carried out immediately after a disaster occurs and damage shall be regularly updated until a consolidated report is available to serve the provision of directions for disaster response and recovery.

2. The Ministry of Agriculture and Rural Development shall preside over and cooperate with the Ministry of Planning and Investment in providing guidance on producing statistics on and assessing damage caused by disasters as prescribed in Clause 7 Article 21 of the Law on Natural Disaster Management.

Article 16. Demands for disaster relief and assistance in disaster recovery

1. Based on the disaster developments, damage and impacts of disasters on all aspects of life, production and infrastructure, ministries and local authorities shall determine the demands, forms, eligible entities and resources for relief and assistance as prescribed in Article 32 of the Law on Natural Disaster Management and Clause 18 Article 1 of the Law on Amendments to the Law on Natural Disaster Management and the Law on Dikes and take responsibility for the accuracy of the contents and data reported.

2. Responsibility for determining, consolidating and proposing demands for relief and assistance:

a) Steering Committees for Natural Disaster Management and Search and Rescue at all levels shall determine and consolidate damage and propose demands for relief and assistance within its areas and submit reports to People’s Committees at the same levels.  People’s Committees at all levels shall report cases that are beyond their capacity to the superior Steering Committee for Natural Disaster Management and Search and Rescue.

b) Ministries and provincial People’s Committees shall consolidate demands for relief and assistance and report them to the National Steering Committee for Natural Disaster Prevention and Control if such demands are beyond their capacity;

c) The National Steering Committee for Natural Disaster Prevention and Control shall consolidate ministries and local authorities’ demands for relief and assistance and consider reporting them to the Prime Minister for his decision.

3. Resources for disaster relief and assistance in disaster recovery: resources specified in Point c Clause 1, Point c Clause 2, Point c Clause 3 Article 32 of the Law on Natural Disaster Management and Clauses 3 and 6 Article 1 of the Law on Amendments to the Law on Natural Disaster Management and other legal resources.

Article 17. Mobilization, allocation and use of financial resources for assistance in disaster recovery

1. Responsibility and power to allocate financial resources

a) People’s Committees at all levels shall rely on the proposal of the Steering Committees for Natural Disaster Management and Search and Rescue at the same levels to decide to use the local government budget reserves, financial reserve funds, disaster management funds and other legal resources to carry out disaster recovery in a timely and effective manner that targets appropriate victims.

If it is beyond the local authorities’ balancing capacity, People’s Committees at all levels shall propose and report demands to the superior Steering Committee for Natural Disaster Management and Search and Rescue, the provincial People’s Committee shall report such demands to the National Steering Committee for Natural Disaster Prevention and Control, which will consolidate and consider submitting them to the Prime Minister for his decision;

b) Ministers, heads of ministerial agencies and heads of Governmental agencies shall rely on the proposals of the Steering Committees for Natural Disaster Management and Search and Rescue to allocate resources within their jurisdiction to carry out disaster recovery within their scope of management and assist local authorities within their power; if the proposals are beyond their capacity, report them to the National Steering Committee for Natural Disaster Prevention and Control for consolidation and submission to the Prime Minister for his decision.

2. Procedures for mobilization and use of local government budget:

a) Based on the actual local situation, the Steering Committee for Natural Disaster Management and Search and Rescue at all levels shall preside over and cooperate with related agencies in submitting consolidated reports to the People’s Committees at the same levels for their decision to use their budget for disaster response and recovery;

b) In the case of substantial damage that is beyond the balancing capacity of the local government budget, after using their budget for disaster response and recovery but still failing to satisfy the demands, the People’s Committees at all levels shall report the case to the superior Steering Committees for Natural Disaster Management and Search and Rescue, which will preside over and cooperate with related agencies in submitting consolidated reports to the People’s Committees at the same levels for their decision on target transfers to the inferior budget;

c) Based on the decision to provide financial assistance for disaster recovery of the superior People’s Committee, the inferior Steering Committee for Natural Disaster Management and Search and Rescue shall advise and recommend the People’s Committee at the same level to promptly provide financial assistance within 20 days from the date on which the decision is issued; submit quarterly reports on provision of financial assistance to the superior Steering Committee for Natural Disaster Management and Search and Rescue before the 20^th of the last month of the quarter for consolidation purposes;

d) The Steering Committees for Natural Disaster Management and Search and Rescue at all levels shall provide guidelines for, inspect and expedite the use of financial assistance, consolidate reports thereon and recommend the People’s Committees at the same levels to consider recovering and transferring financial assistance and deal with the case where financial assistance is not used for intended purposes or is provided to ineligible entities or case of delay, wastefulness or inefficiency.

3. Procedures for mobilization and use of local government budget:

a) Ministries, ministerial agencies and Governmental agencies shall proactively use the annually allocated funding; provincial People’s Committees shall proactively their resources for disaster response and recovery. In the case of substantial damage that is beyond the balancing capacity of the local government budget, after using the allocated funding and local government budget for disaster response and recovery but still failing to satisfy the demands, Ministries, ministerial agencies, Governmental agencies and provincial People’s Committees shall report the case to the National Steering Committee for Natural Disaster Prevention and Control and take total responsibility for the accuracy of the reported contents and data;

b) The National Steering Committee for Natural Disaster Prevention and Control shall preside over and cooperate with ministries concerned in submitting a consolidated report to the Prime Minister for his consideration and decision to provide assistance;

c) Based on the Prime Minister’s decision on provide financial assistance for disaster recovery, the Steering Committees for Natural Disaster Management and Search and Rescue of Ministries, ministerial agencies, Governmental agencies and local authorities shall advise and recommend the Ministers, heads of ministerial agencies and provincial People's Committees to promptly provide financial assistance within 30 days from the date on which the Prime Minister’s decision is issued; submit quarterly reports on provision of financial assistance to the National Steering Committee for Natural Disaster Prevention and Control before the 25th of the last month of the quarter for submission of a consolidated report to the Prime Minister;

d) The National Steering Committee for Natural Disaster Prevention and Control shall preside over and cooperate with ministries concerned in providing guidelines, inspecting and expediting the use of financial assistance by ministries and local authorities; Consolidate reports on the provision of financial assistance and request the Prime Minister to consider recovering financial assistance and deal with the case where financial assistance is not used for intended purposes or is provided to ineligible entities or case of delay, wastefulness or inefficiency. For the works that use a large amount of financial assistance or complicated technology, in order to ensure their safety and investment efficiency, based on reports on use of financial assistance by local authorities, the National Steering Committee on Natural Disaster Prevention and Control shall notify the provincial People's Committees, which will submit technical documentation to the Standing Steering Committee (the Ministry of Agriculture and Rural Development) so as for it to express its opinions or cooperate with supervisory Ministries in expressing their opinions to form a basis for approval and implementation.

4. Procedures for mobilization and use of assistance from a financial reserve fund

a) The provincial Steering Committee for Natural Disaster Management and Search and Rescue shall consolidate demands for assistance in disaster recovery and report them to the provincial People’s Committee for its consideration and decision to provide assistance from the provincial financial reserve fund as prescribed in Article 11 of the Law on State Budget and Article 8 of the Decree No. 163/2016/ND-CP dated December 21, 2016;

b) The National Steering Committee for Natural Disaster Prevention and Control shall consolidate demands for assistance in disaster recovery from ministries and local authorities and report them to the Prime Minister for his consideration and decision to provide assistance from the central financial reserve fund as prescribed in Article 11 of the Law on State Budget and Article 8 of the Decree No. 163/2016/ND-CP dated December 21, 2016;

5. Procedures for mobilization and use of assistance from a disaster management fund

Comply with regulations of law on establishment and management of disaster management funds.

Article 18. Assistance in the form of goods and livelihood assistance upon disaster recovery

1. National reserve goods

The distribution of and assistance in the form of national reserve goods shall comply with regulations of law on goods of the national reserve goods.

2. Livelihood assistance

a) Livelihood assistance includes assistance in the form of food and financial assistance for treatment of seriously injured persons and funeral financial assistance for households whose members who die or go missing due to disasters;

b) Entities eligible for assistance include people and households suffering damage due to disasters;

c) Specific assistance and procedures for providing assistance shall comply with regulations on social support policies for social protection beneficiaries.

3. Assistance in the form of houses

a) Entities eligible for the assistance include people and households whose houses are damaged by disasters are prescribed by regulations on social support policies for social protection beneficiaries;

b) Specific assistance, mechanisms and procedures for providing assistance shall comply with regulations on social support policies for social protection beneficiaries; if the disaster causes substantial damage to houses, the National Steering Committee for Natural Disaster Prevention and Control shall preside over and cooperate with the Ministry of Labor, War Invalids and Social Affairs and Ministry of Finance in reporting the case to the Prime Minister for his consideration and decision.

Article 19. Assistance in emergency relocation of residents

1. According to the decision on disaster-related emergency specified in Article 12 of this Decree, the People’s Committees and Steering Committees for Natural Disaster Management and Search and Rescue shall assist in emergency relocation of residents in a timely manner that ensure safety of residents.

2. The communal Steering Committee for Natural Disaster Management and Search and Rescue shall mobilize communal voluntary forces in charge of disaster management and local forces to determine the number of households subject to emergency relocation and report it to the Chairman/Chairwoman of the communal People's Committee.  The communal People’s Committee shall proactively deal with the case within its power or carry out verification and promptly report to the district-level Steering Committee for Natural Disaster Management and Search and Rescue the number of households subject to emergency relocation and demands for relocation assistance...

3. The district-level Steering Committees for Natural Disaster Management and Search and Rescue shall aggregate the number of households subject to emergency relocation and report it to the district-level People’s Committee. Pursuant to the Law on Land, Law on Compulsory Purchase and Requisition of Property and prevailing regulations, the district-level People’s Committee shall allocate land and provide residence to households subject to relocation; decide to raise funding and mobilize forces, equipment, supplies and organizations and individuals concerned within its power for relocation assistance. In case it is beyond its capacity, the district-level People’s Committee shall report the case to the provincial Steering Committee for Natural Disaster Prevention and Control.

4. The provincial Steering Committee for Natural Disaster Prevention and Control shall consolidate demands from the district and report them to the provincial People’s Committee. Pursuant to the Law on Land, Law on Compulsory Purchase and Requisition of Property and prevailing regulations, the provincial People’s Committee shall allocate land and provide residence to households subject to relocation; decide to raise funding and mobilize forces, equipment, supplies and organizations and individuals concerned within its power for relocation assistance. In case it is beyond its capacity, the provincial People’s Committee shall report the case to the Prime Minister for timely instructions.

5. The provincial People’s Committee shall mobilize legal resources and issue detailed procedures for providing assistance in a manner that suits local conditions.

Article 20. Mobilization, fundraising and distribution of resources

1. Mobilization, fundraising and distribution of domestic resources

The mobilization, fundraising and distribution of domestic resources shall comply with Articles 11 and 33 of the Law on Natural Disaster Management, Clause 19 Article 1 of the Law on Amendments to the Law on Natural Disaster Management and Law on Dikes, Decree on mobilization, receipt, distribution and use of voluntary contributions for resolving difficulties caused by disasters, diseases, incidents and people contracting serious diseases.

2. Mobilization, fundraising and distribution of international resources

The mobilization, fundraising and distribution of international resources for disaster relief and disaster recovery shall comply with regulations on management and use of ODA and foreign non-governmental aid; regulations on receipt, management and use of emergency international aid for disaster relief and recovery.

Section 5. RIGHTS AND OBLIGATIONS OF FOREIGN ORGANIZATIONS AND INDIVIDUALS AND INTERNATIONAL ORGANIZATIONS PARTICIPATING IN DISASTER RESPONSE AND RECOVERY IN VIETNAM

Article 21. Duties and charges for import and export of vehicles, equipment and goods serving emergency relief, search and rescue and disaster relief and recovery

Foreign organizations and individuals and international organizations participating in disaster response and recovery in Vietnam shall be exempt from import and export duties and charges upon import and export of vehicles, equipment and goods serving emergency relief, search and rescue and disaster relief and recovery as prescribed in Point a Clause 1 Article 41 of the Law on Natural Disaster Management. Such vehicles, equipment and goods shall be liable to duties in accordance with Vietnamese law if they are used for other purposes in Vietnam.

Article 22. Applying for registration of disaster response and recovery in Vietnam

1. Before entering Vietnam to engage in disaster response and recovery, a foreign organization or individual or international organization shall submit an application in person or by post or in another appropriate manner to the Ministry of Agriculture and Rural Development, which will submit it to a competent authority for consideration and decision. The application consists of:

a) An application form, specifying: name of the organization/individual; purposes; expected date and place of disaster response and recovery (using the form in Appendix I);

b) A list of goods, materials and equipment and other relevant documents (if any, using the form in Appendix II);

c) A list of participants (using the form in Appendix III).

If the application is insufficient as prescribed, within 01 working day from the receipt of the application, the Vietnam Disaster Management Authority shall provide guidelines for completing the application.

2. Within 02 working days from the receipt of the application, the Ministry of Agriculture and Rural Development (through the Vietnam Disaster Management Authority) shall notify application processing result to the applicant and relevant authorities.

Article 23. Entry and exit; procedures for import and export of special-purpose vehicles, equipment and goods serving emergency response, search and rescue and disaster relief and recovery

1. A person allowed to enter Vietnam to engage in disaster response and recovery is entitled to follow prioritized entry or exit procedures at the border checkpoint. In case of emergency response, if such person has no visa, he/she will be granted at the border checkpoint.

2. After having served search and rescue and disaster relief and recovery, vehicles, equipment and goods qualified for import or re-export shall be prioritized to follow customs clearance procedures at border checkpoints.

Article 24. Residence regulations applicable to foreigners engaging in disaster response and recovery in Vietnam

1. A person allowed to enter Vietnam to engage in disaster response and recovery shall be provided with guidance on accommodation, workplace and temporary residence procedures relevant to specific conditions.

2. Agencies and local authorities receiving assistance shall provide guidance on procedures for registration of temporary residence, accommodation and workplace for individuals and organizations entering Vietnam to engage in disaster response and recovery.

Section 6. ORGANIZATIONAL STRUCTURES AND TASKS OF NATURAL DISASTER MANAGEMENT AGENCIES AND MECHANISM FOR COOPERATION BETWEEN THE NATIONAL STEERING COMMITTEE FOR NATURAL DISASTER PREVENTION AND CONTROL AND THE NATIONAL COMMITTEE FOR SEARCH AND RESCUE

Article 25. Organizational structure and tasks of the National Steering Committee for Natural Disaster Prevention and Control

1. The National Steering Committee for Natural Disaster Prevention and Control is established by the Prime Minister and acts as an inter-sectoral coordinator assisting the Government and the Prime Minister in organizing, directing and administering the disaster management, response and recovery nationwide. The National Steering Committee for Natural Disaster Prevention and Control is entitled to use its own seal to perform its tasks. Members of the Committee work on a part-time basis.

2. The National Steering Committee for Natural Disaster Prevention and Control is composed of:

a) The Committee’s Head who is the Prime Minister or Deputy Prime Minister decided by the Prime Minister;

b) The Committee’s Standing Deputy Head, who is the Minister of Agriculture and Rural Development; other Committee’s Deputy Heads decided by the Prime Minister;

c) Members, including senior representatives of Ministries, ministerial agencies and Governmental agencies; senior representatives of Vietnam Television, Voice of Vietnam, Vietnam News Agency; Chief of Office of National Committee for Search and Rescue;

d) According to work requirements, the Committee’s Head shall invite leaders of relevant organizations: Vietnamese Fatherland Front Central Committee, Central Vietnam Women's Union, Central Ho Chi Minh Communist Youth Union, Central Vietnam Red Cross Society and other relevant organizations to join the National Steering Committee for Natural Disaster Prevention and Control.

3. The Ministry of Agriculture and Rural Development shall act as a standing body of the National Steering Committee for Natural Disaster Prevention and Control and utilize the organizational machinery of the Vietnam Disaster Management Authority and deploy personnel and equipment and provide other necessary conditions to perform the tasks of a Standing Office of the National Steering Committee for Natural Disaster Prevention and Control.

The Standing Office of the National Steering Committee for Natural Disaster Prevention and Control has its own seal, is granted funding for operation and opens an account at the State Treasury. The Head of the National Steering Committee for Natural Disaster Prevention and Control shall define functions, tasks and working regulations of the Standing Office of the National Steering Committee.

4. Tasks of the National Steering Committee for Natural Disaster Prevention and Control:

a) Provide instructions for and expediting the formulation and implementation of national strategies and plans, and policies and laws on natural disaster management;

b) Preside over preparing disaster response plans;

c) Direct and coordinate disaster response and recovery nationwide: direct response to level 3 disaster; provide advice on directing response to level 4 and 5 natural disasters; coordinate and assist or direct local authorities to respond to level 1 and 2 natural disasters if such disasters have unanticipated developments which may result in serious consequences;

d) According to natural disaster developments and actual situation, decide to take urgent measures and mobilize resources of Ministries, ministerial agencies, Governmental agencies, organizations and individuals to respond to and remedy the consequences of natural disasters in accordance with regulations of the Law on Natural Disaster Management and this Decree;

dd) Direct the production of statistics on damage and local authorities and ministries’ demands for emergency assistance, recovery and reconstruction;

e) Consolidate and consider proposing to the Government and Prime Minister for their decision on measures, use of central government budget and other legal resources for emergency response and disaster recovery nationwide;

g) Inspect, expedite and provide guidelines for natural disaster management by ministries and local authorities as prescribed by law;

h) Direct, organize drills and provide training for forces involved in natural disaster management; direct, implement and organize the implementation of measures to gradually increase civil capacity for natural disaster response;

i) Direct and organize the provision of infrastructure, equipment, materials and special-purpose vehicles; establish database to serve issuance of decisions on command over disaster management at all levels;

k) Call for, receive and provide domestic and foreign assistance in case of disaster-related emergency due to natural disasters;

k) Provide guidelines, inspect, expedite and consolidate results of provision of assistance resources and report same to the Prime Minister;

m) Direct and prepare documents, provide training, disseminate and communicate information via social networks and raise community awareness of natural disaster management on an annual basis;

n) Provide guidance on activities of internal voluntary forces in charge of natural disaster management;

o) Advise the Prime Minister on establishing a Front Line Steering Committee responsible for provide directions in the areas affected by disasters in special situations;

p) Preside over developing and publishing a white paper on disaster management on an annual basis;

q) Provide directions and formulate an operating plan and plan for provision of funding for performance of tasks on an annual basis.

Article 26. Organizational structures and tasks of Steering Committees for Natural Disaster Management and Search and Rescue of Ministries, ministerial agencies and Governmental agencies

1. The Ministry of National Defense, Ministry of Public Security, Ministry of Agriculture and Rural Development, Ministry of Transport, Ministry of Construction, Ministry of Industry and Trade, Ministry of Natural Resources and Environment, Ministry of Information and Communications, Ministry of Health, Ministry of Education and Training, Ministry of Labor, War Invalids and Social Affairs and Ministry of Culture, Sports and Tourism shall establish a ministerial Steering Committee for Natural Disaster Management and Search and Rescue.

2. Ministries, ministerial agencies and Governmental agencies (except the Ministries specified in Clause 1 of this Article) shall, according to their assigned tasks, decide to establish a ministerial Steering Committee for Natural Disaster Management and Search and Rescue or assign an affiliated departmental agency to assist the Ministers or heads of agencies in natural disaster management and search and rescue under their management.

3. Ministers, heads of ministerial agencies and heads of Governmental agencies shall, according to the requirements and tasks of natural disaster management and search and rescue, decide to establish Steering Committees for Natural Disaster Management and Search and Rescue of their affiliated units.

4. Organizational structure of a ministerial Steering Committees for Natural Disaster Management and Search and Rescue:

a) A ministerial leader shall be the Head of the Steering Committee for Natural Disaster Management and Search and Rescue of a Ministry, ministerial agency or Governmental agency;

b) Ministers, heads of ministerial agencies and heads of Governmental agencies shall, according to requirements and tasks, shall assign a specialized agency to advise and assist Ministers and heads of agencies in natural disaster management tasks under their management and act as the Standing Office of the Steering Committee for Natural Disaster Management and Search and Rescue;

c) The Steering Committee for Natural Disaster Management and Search and Rescue is entitled to use the Ministry’s seal or its own seal. The Standing Office has its own seal, is granted funding and entitled to open accounts for operation.

5. Tasks of a ministerial Steering Committees for Natural Disaster Management and Search and Rescue:

a) Advise the Minister on performance of tasks of natural disaster management and search and rescue under its management;

b) Cooperate with relevant Ministries, ministerial agencies and local authorities in natural disaster management and search and rescue nationwide under the direction of the Prime Minister, National Steering Committee for Natural Disaster Prevention and Control and National Committee for Search and Rescue;

c) Decide to adopt urgent measures and mobilize resources of the Ministry for prompt natural disaster response and recovery and search and rescue under the management of the Ministry and assist local authorities.

Article 27. Organizational structure and tasks of provincial Steering Committees for Natural Disaster Management and Search and Rescue

1. A provincial Steering Committee for Natural Disaster Management and Search and Rescue shall be established by the Chairman/Chairwoman of the provincial People’s Committee and assist the provincial People’s Committee in commanding and administering natural disaster management, search and rescue within the province. The Steering Committee for Natural Disaster Management and Search and Rescue has its own seal, is granted funding and entitled to open accounts for operation.

2. The provincial Steering Committee for Natural Disaster Management and Search and Rescue is composed of:

a) the Committee’s Head who is the Chairman/Chairwoman of the provincial People’s Committee;

b) the Committee’s Standing Deputy Head who is the Deputy Chairman/Chairwoman of the provincial People’s Committee;

c) Committee’s Deputy Heads who are the Director of the Department of Agriculture and Rural Development, Commanding Officer of provincial Military Command, Commanding Officer of provincial Border Guard and Director of Provincial Police Department;

d) Members who are directors or senior representatives of departments related to natural disaster management and search and rescue, leaders of Fatherland Front, Women's Union, Red Cross Society, Ho Chi Minh Communist Youth Union and provincial socio - mass organizations.

3. The provincial Department of Agriculture and Rural Development shall act as a standing natural disaster management agency. The Military Command or Border Guard Command shall act as a standing search and rescue agency of the Command Center for Natural Disaster Management of the province. Such agency is subject to decision of the provincial People’s Committee.

The Chairman/Chairwoman of the provincial People’s Committee shall to establish a specialized department affiliated to the Department of Agriculture and Rural Development to act as a Standing Office of the Steering Committee for Natural Disaster Management and Search and Rescue.

4. Tasks of a provincial Steering Committees for Natural Disaster Management and Search and Rescue:

a) Advise and assist the provincial People’s Committee to perform natural disaster management tasks as prescribed in Clause 1 Article 43 of the Law on Natural Disaster Management;

b) Direct and expedite the formulation and submission of disaster response plans for approval;

c) Command natural disaster response, search and rescue during natural disasters within the province;

d) Inspect and expedite the performance of natural disaster management tasks by local departments and agencies;

dd) Assist the provincial People’s Committee in directing, inspecting, expediting and consolidating reports on production of statistics on damage, determination of assistance demands, natural disaster recovery, post-disaster recovery and reconstruction;

e) Comply with regulations on the disaster management funds;

g) Organize drills and provide training for forces involved in natural disaster management, search and rescue;

h) Disseminate and communicate information and raise community awareness of natural disaster management;

i) Direct, implement and organize the implementation of measures to gradually increase civil capacity for disaster response;

k) Provide human resources, equipment and combat gears for the Standing Office of the provincial Steering Committee for Natural Disaster Management and Search and Rescue; electronically connect with central natural disaster management agencies and local natural disaster management agencies at all levels to serve command over natural disaster management.

Article 28. Organizational structure and tasks of district-level Steering Committees for Natural Disaster Management and Search and Rescue

1. A district-level Steering Committee for Natural Disaster Management and Search and Rescue shall be established by the Chairman/Chairwoman of the district-level People’s Committee and exercise the functions of advising and assisting the district-level People’s Committee to inspect, expedite and command natural disaster management, search and rescue within the district. The district-level Steering Committee for Natural Disaster Management and Search and Rescue has its own seal, is granted funding and entitled to open accounts for operation.

2. The district-level Steering Committee for Natural Disaster Management and Search and Rescue is composed of:

a) the Committee’s Head who is the Chairman/Chairwoman of the district-level People’s Committee;

b) the Committee’s Standing Deputy Head who is the Deputy Chairman/Chairwoman of the district-level People’s Committee;

c) Committee’s Deputy Heads who are the head of division or head of the agency assigned to perform state management of natural disaster management; the Commanding Officer of district-level Military Command and the head of district-level police department;

d) Members who are heads or senior representatives of local divisions, agencies and units related to natural disaster management and search and rescue; leaders of Fatherland Front, Women's Union, Red Cross Society, Ho Chi Minh Communist Youth Union and provincial socio - mass organizations.

3. According to actual condition, the Chairman/Chairwoman of the district-level People’s Committee shall to decide to assign a specialized division affiliated to the district-level People’s Committee to act as a Standing Office of the Steering Committee for Natural Disaster Management and Search and Rescue.

4. Tasks of a district-level Steering Committees for Natural Disaster Management and Search and Rescue:

a) Advise and assist the district-level People’s Committee to perform natural disaster management tasks as prescribed in Clause 1 Article 43 of the Law on Natural Disaster Management;

b) Direct and expedite the formulation and submission of disaster response plans for approval;

c) Command and organize the response to natural disaster response, search and rescue during natural disasters within the district;

d) Inspect and expedite the performance of natural disaster management tasks by local agencies and units;

dd) Assist the district-level People’s Committee in directing, inspecting and consolidating reports on production of statistics on damage, and post-disaster recovery and reconstruction;

e) Provide training for forces involved in natural disaster management, search and rescue;

g) Disseminate and communicate information about and conduct activities aimed at raising community awareness of natural disaster management;

h) Comply with regulations on the disaster management funds.

Article 29. Organizational structure and tasks of communal Steering Committees for Natural Disaster Management and Search and Rescue

1. A communal Steering Committee for Natural Disaster Management and Search and Rescue shall be established by the Chairman/Chairwoman of the communal People’s Committee, and advise and assist the communal People’s Committee to inspect, expedite and command natural disaster management, search and rescue within the commune.

2. The communal Steering Committee for Natural Disaster Management and Search and Rescue is composed of:

a) the Committee’s Head who is the Chairman/Chairwoman of the communal People’s Committee;

b) the Committee’s Standing Deputy Head who is the Deputy Chairman/Chairwoman of the communal People’s Committee;

c) The Committee's Deputy Head who is the chief of the communal police department, and the Committee’s Deputy Head in charge of communal voluntary forces who is the chief of the communal military unit;

d) Members, including communal officials and heads of communal political and mass organizations;

dd) Standing members who are communal officials performing state management of natural disaster management.

3. The communal Steering Committee for Natural Disaster Management and Search and Rescue is located in the communal People’s Committee. The Committee is entitled to use the seal of the communal People’s Committee and assign its officials to act as members in a standing department and is granted funding for operation.

According to specific local conditions, the head of the communal Steering Committee for Natural Disaster Management and Search and Rescue shall decide to members, tasks and tasks of the standing department.

4. Tasks of a communal Steering Committees for Natural Disaster Management and Search and Rescue:

a) Advise and assist the People’s Committee of the commune to perform natural disaster management tasks as prescribed in Clause 2 Article 43 of the Law on Natural Disaster Management;

b) Broadcast news about commands over natural disaster response given by all levels to the community;

c) Command natural disaster response, search and rescue during natural disasters within the commune;

d) Direct and expedite the formulation and submission of disaster response plans for approval;

dd) Inspect and expedite the performance of natural disaster management tasks by organizations and individuals within the commune;

e) Preside over assisting the communal People’s Committee in establishing, training and maintaining communal voluntary forces in charge of disaster management, especially militia and self-defense forces, Red Cross Society, Ho Chi Minh Communist Youth Union and other organizations within the commune;

g) Comply with regulations on the natural disaster management funds;

h) Disseminate and communicate information and raise community awareness of natural disaster management on an annual basis.

Article 30. Steering Committees for Natural Disaster Management and Search and Rescue of groups, corporations and enterprises

Depending on specific conditions, the head of an organization shall decide to establish a Steering Committee for Natural Disaster Management and Search and Rescue to perform natural disaster management tasks as prescribed by law.

Article 31. Provision of resources and operating conditions for agencies and forces in charge of natural disaster management at all levels

1. Ministries and People's Committees at all levels shall provide adequate resources and operating conditions for operation of agencies and forces in charge of natural disaster management at the same levels, including financial resources, personnel, working offices, infrastructure, supplies, vehicles, equipment and combat gears, and shall provide counseling on issuance of decision to carry out command and provide other necessary conditions.

2. Every agency and unit assigned to perform disaster management tasks shall formulate a plan to provide resources and operating conditions for agencies, units and forces in charge of natural disaster management under their management and submit it to the supervisory authority for approval.

3. According to the approved plan, the agency and unit assigned to perform disaster management tasks shall request a competent authority to approve ad provide resources and operating conditions for such agency and unit.

Article 32. Mechanism for cooperation between the National Steering Committee for Natural Disaster Prevention and Control and the National Committee for Search And Rescue

1. The National Steering Committee for Natural Disaster Prevention and Control shall preside over and cooperate with the National Committee for Search and Rescue in promulgating instructional documents to respond to specific natural disaster.

2. The National Steering Committee for Natural Disaster Prevention and Control and the National Committee for Search and Rescue shall proactively notify and cooperate with each other immediately after being informed of accidents and incidents occurring during a natural disaster, and reach an agreement on remedial measures, mobilize forces, vehicles, materials and equipment for disaster response.

3. The National Steering Committee for Natural Disaster Prevention and Control shall agree with the National Committee for Search and Rescue about requests for search and rescue assistance from foreign countries in the case of serious natural disasters before submission thereof to the Prime Minister for decision.

4. The National Steering Committee for Natural Disaster Prevention and Control shall preside over mobilizing resources and directing natural disaster response and recovery activities, and cooperate with the National Committee for Search and Rescue in mobilizing and coordinating search and rescue forces to carry out disaster search and rescue.

Section 6. BENEFITS FOR COMMUNAL VOLUNTARY FORCES IN CHARGE OF NATURAL DISASTER MANAGEMENT

Article 33. Salaries and wages for participants in voluntary forces who are mobilized to attend training and drill sessions and perform disaster management tasks

1. Persons who do not receive salary from the state budget during the period they are mobilized to perform disaster management tasks or attend training or drill sessions are entitled to receive allowance for their working days as follows:

a) Regarding a person who is mobilized to attend a training or drill session: the allowance per day on which he/she is mobilized is not less than VND 59,600;

b) Regarding a person who is mobilized to perform disaster management tasks: the allowance per person per day is not less than VND 119,200;

c) If he/she attends a training or drill session or performs disaster management tasks at night (from 10 p.m to 6 a.m the following day), the allowance is twice as much as that specified in this Point;

d) When attending a training or drill session or performing disaster management tasks in an area far from his/her residence resulting him/her being unable to commute daily, he/she shall be provided with accommodation, means of transport and travelling expenses or get paid for train or coach tickets for arrival and return as a communal official; and provided with meal allowance which is prescribed by the provincial People’s Committee but not less than VND 57,000.

The authority that mobilizes him/her shall assume responsibility for providing allowance.

2. Persons who receive salary from the state budget during the period they are mobilized to attend training or drill sessions or perform disaster management tasks under the decisions of competent authorities, the authorities for which such persons are working shall pay full salary and provide welfare benefits and commuting allowances and cover the cost of travel expenses.

a) If a person under an employee contract is attending a training or drill session or performing disaster management tasks, he/she is entitled to suspend the employment contract and receive salaries and allowances as prescribed;

b) The abovementioned expenditures shall be included in the budget for recurrent expenditures of the authority or unit.

3. Cadres, militia and self-defense soldiers and communal policemen who are mobilized to attend training and drill sessions or perform disaster management tasks under decisions of competent authorities shall receive benefits as prescribed by law.

Article 34. Medical benefits, accident and death benefits for persons participating in health insurance and social insurance

1. Conditions for enjoying benefits: persons joining communal voluntary forces in charge of disaster management who are sick, have an accident, are injured or dead while performing disaster management tasks or attending disaster management training and drill sessions and performing other tasks as assigned a competent authority. If a person is sick, has an accident, dies due to intentional destruction of his/her health, uses stimulants, drugs or narcotic substances, he/she is not entitled to any benefit as prescribed in Clause 2 of this Article.

2. Medical benefits, accident and death benefits for persons joining voluntary forces in charge of disaster management who are participating in health insurance and social insurance: they are entitled to take sickness leave, receive accidents and death benefits in accordance with regulations of law on labor, social insurance and health insurance (beginning from the time they were mobilized and started to perform their tasks to the time they have completed their tasks and returned to their place of residence, or from the time they were mobilized and started to perform their tasks to the time they have had an accident or have died).

Article 35. Medical benefits, accident and death benefits for persons who are yet to participate in health insurance and social insurance

1. Conditions for enjoying benefits: persons joining communal voluntary forces in charge of disaster management who are sick, have an accident, are injured or dead while performing disaster management tasks or attending disaster management training and drill sessions and performing other tasks as assigned a competent authority. If a person is ill, has an accident, dies due to intentional destruction of his/her health, uses stimulants, drugs or narcotic substances, he/she is not entitled to any benefit as prescribed in Clauses 2 and 3 of this Article.

2. Benefits for a person joining communal voluntary forces in charge of disaster management who does not participate in health insurance when he/she is sick, has an accident or is injured

He/she is entitled to be paid medical examination and treatment expenses with the health insurance coverage rate applicable to enlistees and soldiers in active service of the People's Army of Vietnam. During the period of receiving inpatient treatment, he/she is provided with medical meal allowance. If a person joining communal voluntary forces in charge of disaster management is receiving inpatient treatment but the period of performing his/her tasks expires, he/she entitled to be paid medical examination and treatment expenses and provided with medical meal allowance for a period of no more than 15 days; if the 15-day period has expired and his/her condition is not stable, he/she continues to receive treatment until his/her condition is stable and 100% of the medical examination and treatment fee will be paid.

3. Benefits for a person joining communal voluntary forces in charge of disaster management who does not participate in social insurance if he/she has an accident or dead

a) Accident benefits: During the period of receiving treatment for an accident, he/she is entitled to the benefits prescribed in Clause 2 of this Article even if his/her wound recurs until he/she is discharged from hospital. If, due to the accident, he/she suffers from whole person impairment of 5%, he/she is entitled to receive VND 7,450,000; and VND 745,000 for every additional 1% whole person impairment;

b) Death benefits: if he/she is dead or has an accident resulting in death, relatives are entitled to inherit VND 53,640,000 in death benefit from the deceased; the person in charge of the funeral is entitled to receive a funeral fee of VND 14,900,000;

c) If he/she is sick resulting in death, relatives are entitled to inherit VND 7,450,000 in death benefit from the deceased; the person in charge of the funeral is entitled to receive a funeral fee of VND 14,900,000;

4. Procedures

a) Receipt of applications:

The communal People’s Committee shall receive the application of the person joining communal forces in charge of disaster management or his/her legal representative. Within 10 working days from the receipt of the application, the communal People’s Committee shall prepare and submit an application to the Chairman/Chairwoman of district-level People’s Committee. If the accident results in a whole person impairment of 5% or more or death, within 05 working days from the receipt of the application, the district-level People’s Committee shall prepare and submit an application to the Chairman/Chairwoman of provincial People’s Committee.

If the application is unsatisfactory as prescribed or invoice or document therein is not sufficient as prescribed or is invalid, within 03 working days from the receipt of the application, the provincial, district and communal-level authority shall instruct the applicant to in writing to complete it;

b) Decision to provide assistance and benefits:

For the medical examination and treatment provided in case where a person is sick, has an accident or is injured: within 05 working days from the receipt of the application from the communal People's Committee, the Chairman/Chairwoman of the district-level People's Committee shall decide to provide financial assistance in medical examination and treatment to communal voluntary forces in charge of disaster management.

For the accident benefits provided in the case of whole person impairment of 5% or more or death: within 05 working days from the receipt of the application from the district-level People's Committee, the Chairman/Chairwoman of the provincial People's Committee shall decide to provide accident or death benefits to communal voluntary forces in charge of disaster management;

c) Provision of assistance and benefits:

Within 10 working days from the date on which the benefit decision is issued, the communal People’s Committee shall pay medical examination and treatment expenses and benefits to beneficiaries. The payment shall be made by bank transfer or by post or the beneficiary shall receive benefits directly at the communal People’s Committee.

5. Application

a) Financial assistance in medical examination and treatment:

The person joining communal forces in charge of disaster management or his/her legal representative shall prepare and submit an application to the communal People’s Committee. The application includes an application form which is made using the form in the Appendix VI enclosed herewith, test report form, prescription, invoice evidencing payment and hospital discharge form.

The communal People’s Committee shall prepare and submit an application to the district-level People’s Committee. The application includes a statement and the documents specified in Point a Clause 5 of this Article;

b) Death benefits:

The person joining communal forces in charge of disaster management or his/her legal representative shall prepare and submit an application to the communal People’s Committee. The application includes an application form which is made using the form in the Appendix VII enclosed herewith; hospital discharge form; copy of medical record or copy of issued by the health facility that provided the treatment; a whole person impairment assessment report prepared by the Medical Examination Council of the provincial hospital in case where the accident results in a whole person impairment of 5% or more. In the case of an accident, an investigation report of the police authority is required.

The communal People’s Committee shall prepare and submit an application to the district-level People’s Committee. The application includes a statement and the documents specified in Point b Clause 5 of this Article;

If the accident results in a whole person impairment of 5% or more, the district-level People’s Committee shall prepare and submit an application to the provincial People’s Committee. The application includes a statement and the documents specified in Point b Clause 5 of this Article;

c) Death benefits:

The person joining communal forces in charge of disaster management or his/her legal representative shall prepare and submit an application to the communal People’s Committee. The application includes an application form which is made using the form in the Appendix VII enclosed herewith; hospital discharge form or copy of the medical record or copy of the death certificate or copy of excerpt of death certificate. In the case of the accident results in death, an investigation report of the police authority is required.

The communal People’s Committee shall prepare and submit an application to the district-level People’s Committee. The application includes a statement and the documents specified in Point c Clause 5 of this Article;

The district-level People’s Committee shall prepare and submit an application to the provincial People’s Committee. The application includes a statement and the documents specified in Point c Clause 5 of this Article.

6. Funding for provision of benefits for communal voluntary forces in charge of natural disaster management

District-level People's Committees shall provide funding for provision of benefits to persons who do not participate in health insurance and are sick, have an accident or are injured; provincial People’s Committees shall provide funding for provision of benefits to persons who do not participate in health insurance and have an accident or die.

Article 36. Other benefits

1. Any person joining communal forces in charge of disaster management who is injured or killed during performance of his/her tasks is entitled to the same benefits as those for war invalids and martyrs in accordance with law on incentives for people with meritorious services to the revolution.

2. Communal forces in charge of disaster management shall be provided with equipment at the workplace according to the standards and norms specified in the Appendix IV enclosed herewith. Equipment at the workplace of communal forces in charge of disaster management shall be decided by the Chairman/Chairwoman of the communal People’s Committee.

3. Communal forces in charge of disaster management shall be provided with uniforms as specified in the Appendix V enclosed herewith. They shall wear uniforms upon performing their tasks.

4. Communal forces in charge of disaster management are given priority upon applying for jobs.

Article 37. Funding sources

People’s Committees at all levels shall provide funding for provision of benefits to communal voluntary forces in charge of natural disaster management from the state budget, disaster management funds and other legal funding sources as prescribed by law.

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