Chương 2 Nghị định 71/2002/NĐ-CP: Tổ chức thi hành nghị quyết của uỷ bạn thường vụ quốc hội hoặc lệnh của chủ tịch nước ban bố tình trạng khẩn cấp

Chapter II

ORGANIZATION OF IMPLEMENTATION OF THE NATIONAL ASSEMBLY STANDING COMMITTEE’S RESOLUTIONS OR THE STATE PRESIDENT’S ORDERS PROMULGATING THE STATE OF EMERGENCY

Article 4.- The Steering Committee

1. When a state of emergency is promulgated, the Prime Minister shall decide to set up a Steering Committee and prescribe the latter’s working regime to assist the Prime Minister in deploying the implementation of the National Assembly Standing Committee’s resolution or the State President’s order promulgating the state of emergency.

Basing himself on the geographical territory under the emergency state and the characteristics of the disaster or epidemic, the Prime Minister may act as head of the Steering Committee or nominate a Deputy Prime Minister or a minister defined at Point a, Clause 2 of this Article to this position.

2. The Steering Committee headed by the Prime Minister or a Deputy Prime Minister shall comprise the following members:

a/ The ministers of: Agriculture and Rural Development; Science, Technology and Environment, and Health;

b/ The representatives of the leaderships of the Ministry of Public Security, the Ministry of Defense, the Finance Ministry and the Central Committee of Vietnam Fatherland Front;

c/ The president(s) of the People’s Committee(s) of the province(s) and/or centrally-run city(ies) where exists the state of emergency.

In cases where it is deemed necessary, the Prime Minister may nominate other members of the Steering Committee.

3. The Steering Committee headed by a minister shall comprise the following members:

a/ The president(s) of the People’s Committee(s) of the province(s) and/or centrally-run city(ies) where exists the state of emergency;

b/ The representatives of the agencies and organizations defined at Points a and b, Clause 2 of this Article;

c/ The leaders of the concerned services, departments and branches in localities and the presidents of the People’s Committees of the rural/urban districts, provincial capitals and/or provincial cities, where exists the state of emergency;

4. The Steering Committee shall have the following tasks and powers:

a/ To advise on, and suggest to the Prime Minister, measures to deploy the implementation of the National Assembly Standing Committee’s resolution or the State President’s order promulgating the state of emergency;

b/ To sum up and evaluate the disaster or epidemic situation in the geographical area under the state of emergency in order to report it to the Prime Minister;

c/ To discuss in order to thoroughly grasp the deployment of implementation of special measures already decided by the Prime Minister, and discuss as well as decide on other important matters at the proposal of the head of the Steering Committee;

d/ To decide on the mobilization of forces for implementation of special measures according to the provisions in Clause 2, Article 5 of this Decree;

e/ To organize the reception of supports from international salvage and rescue forces under the Prime Minister’s decisions;

f/ To direct the management, distribution, and inspect and supervise the use of, funding sources provided as support from the State budget or mobilized from voluntary contributions of domestic agencies, organizations and individuals or from aid sources of international organizations as well as foreign organizations and individuals in order to overcome the disaster’s or epidemic’s consequences;

g/ Other tasks and powers assigned by the Prime Minister.

5. The head of the Steering Committee shall have the following tasks and powers:

a/ To assign tasks and responsibilities for directing the performance of specific tasks to members of the Steering Committee;

b/ To issue decisions, orders and directives for implementation of special measures in the state of emergency;

c/ To decide on, according to his/her competence or to propose the application, alteration or cancellation of special measures in the state of emergency;

d/ To urge and inspect the implementation of special measures in the state of emergency.

The head of the Steering Committee being a Deputy Prime Minister or minister shall be answerable to the Prime Minister for the implementation of the National Assembly Standing Committee’s resolution or the State President’s order promulgating the state of emergency as well as the Prime Minister’s decisions, orders and directives.

The Steering Committee’s members shall be answerable to the head of the Steering Committee for the performance of their assigned tasks and may be authorized by the head of the Steering Committee to decide on a number of specific matters.

6. The Steering Committee shall dissolve when the state of emergency is lifted, except otherwise prescribed by the National Assembly Standing Committee’s resolution or the State President’s order canceling the state of emergency.

Article 5.- Agencies, organizations and people responsible for implementation of special measures

1. Agencies, organizations and people responsible for the implementation of special measures in the state of emergency shall be the Steering Committee and its members, the agencies with representatives being members of the Steering Committee under the Prime Minister’s decision and the forces defined in Clause 2 of this Article.

2. Forces implementing special measures in the state of emergency include salvage and rescue forces; health officials and employees; officials and employees of the environmental protection, agricultural and rural development agencies; the army, police, militia, public works and communication service forces, and other forces mobilized by the Steering Committee or voluntarily participating in overcoming the disaster’s or epidemic’s consequences.

The above-mentioned forces shall be organized into units and put under the concentrated and unified direction and administration of the Steering Committee.

3. When performing tasks, officials, soldiers and employees belonging to the forces implementing special measures in the state of emergency must wear badges as prescribed by the Prime Minister; strictly abide by all decisions, orders and directives of the Steering Committee and its head as well as the law provisions, instructions and professional rules, and duly perform their assigned duties; must rely on the support of, and submit to the supervision by, Vietnam Fatherland Front and its member organizations.

Officials, soldiers and employees belonging to the forces implementing special measures in the state of emergency, who die or suffer from bad health while performing their duties, shall enjoy the regimes and policies currently prescribed by the State.

Article 6.- Responsibilities of the ministries and branches

1. The ministries and branches whose representatives are members of the Steering Committee shall have the responsibility to:

a/ Directly monitor and evaluate the situation on matters falling within the scope of their respective management in the area where exists the state of emergency, and report to the Steering Committee thereon;

b/ Take initiative in suggesting measures to overcome the disaster’s or epidemic’s consequences; advise the Steering Committee and its head on the timely issuance of decisions, orders or directives for the implementation of special measures already decided by the Prime Minister;

c/ Send, second or transfer officials, soldiers and employees under their management for participation in forces implementing special measures in the state of emergency at the request of the Steering Committee, except for cases where the transfer falls under the State President’s jurisdiction;

d/ Organize the mobilization and concentration of means, supplies, facilities and equipment under their management in order to take initiative in providing support for overcoming the disaster’s or epidemic’s consequences when necessary.

e/ Direct the implementation or guide localities in the implementation of special measures in domains under their respective management.

e/ Promptly satisfy other requests of the Steering Committee.

2. The other ministries and branches shall, within the scope of their functions, tasks and powers, have to promptly satisfy the Steering Committee’s requests for the mobilization of forces, means, supplies, facilities and equipment to overcome the disaster’s or epidemic’s consequences; provide guidance for the handling of professional difficulties and problems related to their management responsibilities in the course of overcoming the disaster’s or epidemic’s consequences, and promptly satisfy other requests of the Steering Committee.

3. The Finance Ministry shall have to provide timely financial support from the State budget for overcoming the disaster’s or epidemic’s consequences under the Prime Minister’s decisions.

Article 7.- Responsibilities of the People’s Committees at different levels

1. The People’s Committees of the provinces and centrally-run cities in geographical areas under the state of emergency shall have the responsibility to:

a/ Immediately notify the lower-level People’s Committees, attached agencies, departments and branches as well as local people, of the promulgation of the state of emergency, the measures decided for application in the areas under the state of emergency and the decisions, orders and directives of the Steering Committee and its head;

b/ Execute decisions, orders and directives of the Steering Committee and its head;

c/ Implement special measures in the state of emergency as assigned by the Steering Committee; coordinate with and create favorable conditions for agencies, organizations and forces implementing special measures in the state of emergency to perform their tasks;

d/ Organize and direct agencies, organizations and forces in localities to implement measures for overcoming the disaster’s or epidemic’s consequences;

e/ Guide people to abide by law provisions on the state of emergency as well as decisions, orders and directives of the Steering Committee and its head;

f/ Elaborate concrete plans and/or options to promptly evacuate people and properties so as to protect them and minimize damage caused thereto in the geographical areas where exists the state of emergency.

g/ Mobilize available forces, funding, supplies and means of their localities and mobilize people to contribute human and material resources to overcoming the disaster’s or epidemic’s consequences.

h/ Ensure security and order in the geographical areas where exists the state of emergency;

i/ Ensure that agencies and units in the local public works, electricity, water, post, telecommunications, radio and television broadcasting, sanitation and health services maintain their continuous and non-interrupted operations during the time of the state of emergency;

j/ Regularly report to the Steering Committee on the results of overcoming the disaster’s or epidemic’s consequences in the areas; make timely suggestions to the Steering Committee so that the latter may report to and propose the Prime Minister to decide on the cancellation of the application of special measures in the areas and localities where the situation has been stabilized.

2. The People’s Committees of rural districts, urban districts, provincial capitals and provincial cities in the geographical area where exists the state of emergency shall have the responsibility to:

a/ Perform the tasks of overcoming the disaster’s or epidemic’s consequences, as assigned by the Steering Committee, the People’s Committee(s) of the province(s) or centrally-run city(ies);

b/ Organize timely evacuation of people and properties according to plans of the People’s Committee(s) of the province(s) or centrally-run city(ies);

c/ Regularly report to the Steering Committee, the People’s Committee(s) of the province(s) or centrally-run city(ies) on the results of overcoming the disaster’s or epidemic’s consequences in the affected areas.

d/ Perform other tasks as prescribed at Points a, b, d, e, g, h and i, Clause 1 of this Article within the geographical areas under their respective management.

3. The People’s Committees of communes, wards and townships in the area where exists the state of emergency shall have the responsibility to:

a/ Perform the tasks of overcoming the disaster’s or epidemic’s consequences, as assigned by the superior People’s Committees;

b/ Directly effect the evacuation of people and properties according to plans of the superior People’s Committee(s);

c/ Organize and support people in the geographical areas under their management to maintain essential daily-life services during the time of the state of emergency;

d/ Regularly report to the Steering Committee, the superior People’s Committee(s) on the results of overcoming the disaster’s or epidemic’s consequences in the areas.

e/ Perform other tasks according to the provisions at Points a, b, e, g and h, Clause 1 of this Article in the localities under their respective management.

4. The People’s Committees at all levels outside the geographical areas where exists the state of emergency shall have to immediately notify the local people of the promulgation of the state of emergency and measures decided for application in such areas; guide people to observe law provisions on the state of emergency as well as decisions, orders and directives of the Steering Committee and its head; mobilize people to contribute human and material resources as relief to people in the areas under the state of emergency; promptly satisfy the Steering Committee’s requests on the mobilization of forces, means, supplies, facilities and equipment to overcome the disaster’s or epidemic’s consequences, and other requirements of the Steering Committee.

Article 8.- Returning or recompensing the requisitioned means and/or properties after the abolition of the state of emergency

1. After the abolition of the state of emergency, the bodies that have requisitioned means and/or properties of agencies, organizations and/or individuals during the time of the state of emergency shall have to immediately return such means and/or properties to their owners or lawful managers or users; in cases where a requisitioning body dissolves, before the dissolution, such body shall have to transfer all dossiers and papers on requisition and requisitioned means and/or properties not yet returned to the provincial-level People’s Committee where such means and/or properties are being kept so that the latter may go one with the return thereof.

2. In cases where the means and/or properties are lost, damaged or cannot be returned, the agencies, organizations and/or individuals having those means and/or properties shall be recompensed therefor according to law provisions.

The compensation funding shall be allocated by the State budget.

3. The Finance Ministry shall assume the prime responsibility and coordinate with the relevant agencies in guiding the implementation of this Article’s provisions