Decision No. 133/2009/QD-TTg promulgating the Regulation on communication for warning and forecast of natural disasters at sea

G OFFICIAL GAZETTE Issue nos 06-07JNovember 2009 (Gong Baonos 521-5221November 15, 2009) THE PRIME MINISTER Decision No. 13312009/QD-TTg of November 3, 2009, promulgating the Regulation on communication for warning and forecast of natural disasters at sea THE PRIME MINISTER Pursuant to the December 25, 2001 Law on Organization of the Government; Pursuant to the Government's Decree No. 24/ ND-CP of Marcil 19, 1997, detailing tile Ordinance on Exploitation and Protection of Hydrometeorological Works; Pursuant to the Government's Decree No. OS/2006/ND-CP ofJanuary 16, 2006, detailing a number ofarticles a/the Ordinance on Flood and Storm Prevention and Control, whicn was amended and supplemented on August 24, 2000: Pursuant to the Prime M inister's Decision No. 137/2007/QD-TTg ofAugust 2 J, 2007, approving the Scheme on organization of communication for prevention and control of natural disasters at sea; At the proposal of the Minister of Natural Resources and Environment, DECIDES: Article 1. '10 promulgate together with this Decision the Regulation on communication for warning and forecast of natural disasters at sea Article 2. This Decision takes effect on December 20,2009. Article 3. The Minister of Natural Resources and Environment shall assume the prime responsibility for guiding, organizing, directing and examining (he implementation of (his Decision. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, the head of the Central Steering Committee for Flood and Storm Prevention and Control. the head of the National Committee © VIETNAM LAW & LEGAL FORUM Issue nos 06-07/November2009 OFFICIAL GAZETTE (Gong Baanos 521-522/November 15,2009) 7 for Search and Rescue, and chairpersons of provincial-level People's Committees shall implement this Decision. Primp Minister NGUYEN TAN DUNG Regulation on communication for waruing and forecast of natural disasters at sea (Promulgated togetherwitli the Prime Minister 1i Decision No. 13312009/QD-1Tg ofNovember 3, 2009) Chapter I GENERAL PROVISIONS Article 1. Scope of regulation and subjects of application 1. This Regulation provides the production and broadcasting of bulletins on warning and forecast of natural disasters in the East Sea and adjacent areas (provided in Appendix I to this Regulation. not printed herein). 2. This Regulation applies to sectors, levels and Vietnamese and foreign organizations and individuals involved in the production and broadcasting of bulletins on warning and forecast of natural disasters in the East Sea and adjacent areas. Article 2. Natural disasters at sea to be warned and forecast include: 1. Tropical depression, storm. 2. Tsunami. 3. Strong wind. 4. Strong thunderstorm. S. Fog. 6. High wave. Article 3. Interpretation of terms In this Regu lati on, the terms below are construed as follows: 1. Tropical depression is a tropical cyclone with the highest wind speed of level 6 or 7 and with possible gale. 2. Storm is a tropical cyclone with the highest wind speed of levelS or higher and with possible gale. Astorm with a wind speed of level 10 or 11 is caIJed typhoon, and of level 12 or higher. strong typhoon. 3. Tsunami is a series of long-cycle ~awaves running at high velocity (up to 800 km/hour), When reaching the shore, depending on the depth of the sea and terrain of the shore, tsunami can reach a height of tens of meters, overflowing the mainland and causing catastrophes Tsunami defined in this Regulation is the one generated by earthquakes or volcanic eruptions, 4. Strong wind is the one with a speed of level 6 or higher. which is determined in two minutes of observation on average (on the Beaufort scale). S. Thunderstorm is a dangerous weather phenomenon which is formed when strong convection occurs. Thunderstorm is caused by the discharge ofelectricity within acloud. or from © VIETNAM LAW & LEGAL FORUM 8 OFFICIAL GAZETTE Issue nos 06-07/November2009 (C6ng Beo nos 521-522/November 15,2009) a cloud to another. or from a cloud to the earth. generating lightning and thunder which are usually accompanied by strong wind, heavy rain and sometimes hail. Thunderstorms causing strong winds of level 6 or higher arecalled strong thunderstorms. 6. Fog is a phenomenon in which water vapor condenses into droplets in the air layer in contact with the earth's surface (the ground, surface of rivers. lakes or the sea). reducing horizontal visibility to less than I km. 7. High wave is sea wave with a height of over 2 rn. High waves are usually accompanied by northeastern and southwestern monsoons or strong wiRds caused by storms or tropical dcprcssi oris. Article 4. System of communication for warning and forecast of natural disasters at sea 1.The systemto producebulletinson warning and forecast of natural disasters at sea includes: aJThe National Hydrometeorological Center under the Ministry ot Natural Resources and Environment; b/The Global Physics Institute under Vietnam Academy mScience and Technology. 2. The SYSl~IIl lU broadcast bulletins on warning and forecast of natural disasters at sea includes: aJ Voice of Vietnam; bl Vietnam Television; cl Vietnam coastal radio system: d/ Local radio and television stations; el The Border Guard's communication system; f/ Communication systems of Vietnam POSt and Telecommunications Group and other telecommunications enterprises; gl Internalcommunicationand public-address systems of ministries, branches, agencies and units; hI Points of signal flaring for warning of tropical depressions and storms; il Poles of signalsfor tropical depressions and storms; jl Licensed persona] transceivers on the mainland ann at S~;}. 3. The diagram on the system of communication for warning and forecast of natural disasters at sea is provided in Appendix II to this Regulation (not printed herein). Chapter /[ BROADCASTING [<'REQUENCY AND CONTENTS OF BULLETINS ON WARNING AND FORECAST OF NATURAL DISASTERS AT SEA A rtic1e 5. Responsibilityto produce bulletins on warning and forecast of natural disasters at sea 1. The Ministry of Natural Resources and Environment shall produce and supply bulletins on warning and forecast of tropical depressions. storms. strong winds, strong thunderstorms, fogs and high waves. 2. Vietnam Academy of Science and Technology shall produce and supply bulletins on tsunami warning. © VIETNAM LAW & LEGAL FORUM Issuenos Oll-Or/November 2009 OFFICIAL GAZETTE (Gong Beo nos 521-522/November 15,2009) 9 Article 6. Notification of tropical depressions and st01111S The broadcasting frequency and contents of news on tropical depressions and storms comply with the Prime Minister's Decision No. 2451 2006/QD-TTg of October 27, 2006, promulgating the Regulation on notification of tropical depressions, storms and floods (below referred to as Decision No. 245/2006/QD-TIg of October 27,2006). Article 7. Bulletins on tsunami warning The broadcasting frequency and contents of tsunami warning news comply with the Prime Minister's Decision No. 264/2006/QD·TTg of November 16, 2006, promulgating the Regulation on notification of earthquakes and tsunami warning (below referred to as Decision No. 264/2006/QD-TIg of November 16,2006). Article 8. Notification of strong winds, strong thunderstorms, fogs and high waves 1. When figuring out the possible occurrence of any of the phenomena specified in this Article in the sea areas provided in Appendix I to this Decision (not printed herein) during the time of warning and forecast, a bulletin on dangerous weather at sea must be broadcast. The details of such bulletin may be highlighted in bulletins on tropical depressions. storms, cold air or southwestern monsoons. 2. A bulletin on dangerous weather at sea includes the following details: aJ Bulletin title; blInformation on the natural disaster already occurred (if any); c/ Warning and forecast of the natural disaster phenomenon. time and place of occurrence (longitude, latitude or position from main islands, offshore areas or coast of nearest provinces); dJ Warning and forecast of meteorological and hydrographic elements caused by the natural disaster such as weather phenomena (ram, strong thunderstorm. fog), distant visibility, wind direction and speed, sea conditions. height of sea wave; e/ Predicted time of termination of the natural disaster; fI Forecast of weather in unaffected sea areas. 3. Broadcasting frequency: aJTo broadcast 4 bulletins daily in Vietnamese at 4:30 h, 10:00 h. 15:30 hand 21:30 h: bl To broadcast 4 bulletins daily in English at 5:00 h. 10:30 h, 16:00 hand 22:00 h; cl In addition, bulletins on warning and forecast of natural disasters at sea may be highlighted in bulletins on tropical depressions, storms. cold air and southwestern monsoons. Chapter III COORDINATION RESPONSIBIUtIES OF ORGANIZATIONS AND INDIVIDUALS IN COMMUNICATION FOR WARNING AND FORECAST OF NATURAL DISASTERS AT SEA Article 9. Responsibilities of directly involved ministries and branches and communication and press agencies 1. The Ministry of Natural Resources and © VIETNAM LAW & LEGAL FORUM 10 OFFICIAL GAZETTE Issue nos 06-07/November2009 (Gong BaD nos 521-522/November 15, 2009) Environment al To perform the state management of communication for warning and forecast of natural disasters at sea; bl To direct the National Hydrometeorology Center in producing bulletins on warning and forecast of natural disasters at sea specified in Clause L Article 5 of this Regulation; to promptly supply bulletins to the agencies specified in Appendix: HI to this Circular (not printed herein); c/To assume the prime responsibility for. and coordinate with the Ministry of Information and Communications and concerned ministries, branches and localities in. examining and monitoring the information transmission from the agency producing bulletins on warning and forecast of natural disasters at sea to steering bodies for-natural disaster prevention and control and the community; d/ To build hydrometeorological observation networks at sea, to increase investment in machinery and equipment for effective warning and forecast of natural disasters at sea; el To receive feedback from mini stries, branches. localities, organizations and individuals on the broadcasting frequency and quality and accuracy of bulletins and their timeliness and usefulness for users; flTo assume the prime responsibility for. and coordinate with concerned ministries and branches ill. evaluating the quality uf bulletins on warning and forecast of natural disasters supplied by forecast agencies: g/To assume theprime responsibility for. and coordinate with concerned ministries. branches and localities in. propagating and disseminating legal documents on natural disasters and hydrometeorological knowledge for proactive prevention by agencies, organizations and individuals. 2. Vietnam Academy of Science and Technology a! To direct the Global Physics Institute in producing tsunami warning bulletins; to promptly supply these bulletins to agencies under the Regulation on notification of earthquakes and tsunami warning: bl To assume the prime responsibility for, and coordinate with the Ministry of Information and Comrnu n icat ions, the Ministry of Natural Resources and Environment and concerned ministries, branches and localities in. examining and supervising the information transmission from the agency producing tsunami warning bulletins to steering bodies for natural disaster prevention and control and the community; cl To recei ve feedback from ministries. branches, localities. organizations and individuals on the broadcasting frequency and accuracy of tsunami warning bulletins and their timeliness and usefulness for users; d/ To assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment in, evaluating supplied tsunami warning bulletins. 3. Voice of Vietnam and Vietnam Television a/To broadcast news on tropical depressions. storms and tsunami warning under Decision No. 245/2006/QD-TTg of October 27. 2006, and Decision No. 264/2006/QD-TTg of November 16.2006; bl To broadcast verbatim news on dangerous © VIETNAM LAW & LEGAL FORUM Issue nos 06-07/Nov-ember2009 OFFICIAL GAZETTE (Gong Bao nos 521-522JNovember 15,2009) 11 weather at sea in the latest current news bulletin after receIving it from the Central Hydrometeorological Forecast Center; cl To coordinate with the Ministry of Natural Resources and Environment. ministries, branches and localities in developing television and radio programs and communication solutions to educate, propagate and raise public awareness about the prevention and control of and prompt response to urgent natural disaster incidents. 4. The Ministry of National Defense al To direct the Border Guard and the Ministry's attached units in promptly transmitting bulletins on warning and forecast of natural disasters at sea in the communication system under the Ministry's management; bl To coordinate with provincial-level commands for flood and storm prevention and control and se::lfch and rescue in flaring signals and operating poles of tropical depression and storm signals under the Ministry'S management under Decision No. 245/2006/QD-TTg of October 27, 2006; cI To direct the Border Guard in coordinating with People's Committees at all levels and provincial-level Agriculture and Rural Development Departments in managing and closely inspecting fishing vessels in fully equipping safety devices, communication equipment and special-use transceivers to receive weather forecast information under regulations before fishing trips; dI To receive facts on the number of people and vessels and the situation of ongoing natural disasters provided by owners of vessels operating at sea; to notify such to the Central Steering Committee for Flood and Storm Prevention and Control, the National Committee for Search and Rescue and the Ministry of Natural Resources and Environment for direction in additional warning and forecast when necessary; e/ To coordinate with the Ministry of Natural Resources and Environment and concerned local administrations and units in safely protecting the hydrometeorological observation system at sea. 5. The Ministry of Transport at To direct Vietnam Maritime Electronic Information Company in broadcasting news on warning and forecast of natural disasters at sea on channels of the Vietnam Coastal Radio system according to the following regulations: To broadcast news on tropical depressions and storms under Decision No. 24512006/QD­ TTg of October 27,2006; To broadcast news on tsumina warning under Decision No. 264/2006/QD-TTg of November 16,2006; To broadcast news on dangerous weather at sea 24 times a day right after receiving the bulletin from the Central Hydromctcorological Forecast Center. bl To direct Vietnam Maritime Electronic Information Company in improving broadcasting quality and expanding coverage for offshore fishing vessels; c/ To receive facts on the number of people and vessels and the situation of ongoing natural disasters provided by owners of vessels operating at sea; to notify such to the Central Steering Committee for Flood and Storm Prevention and Control, the National Committee for Search and Rescue and the Ministry of Natural Resources © VIETNAM LAW & LEGAL FORUM 12 OFFICIAL GAZETTE Issue nos 06-07/November 2009 (GOng Baonos 521·522/November 15,2009) and Environment for direction in additional warning and forecast when necessary; 6. The Ministry of Information and Communications aJTo assume the prime responsibility for, and coordinate with ministries and branches in. planning and distributing frequencies for warning and forecast of natural disasters and search and rescue at sea; bl To direct telecommunications enterprises III increasing the speed and quality of transmission lines connecting interrelated ministries and branches. and the coastal radio system and the Border Guard's communication system in service of warning and forecast of natural disasters and search and rescue; cI To direct mobile telephone enterprises in expanding coverage to enable onshore fishing vessels to receive natural disaster warning and forecast news via mobile telephones; dlTo assume the prime responsibility for. and coordinate with the Ministry of Natural Resources and Environment and Vietnam Academy of Science and Technology in. organizing and operating a system of information transmission from the agency producing bulletins on warning and forecast of natural disasters at sea to steering bodies for natural disaster prevention and control and the community; el To perform the state management of press operations nationwide to ensure that news on natural disasters at sea published on newspapers, e-newspapers and news agencies and broadcast on radio and television are prompt. full. accurate and compliant with relevant provisions of the Government's Decree No. 51/2002/ND-CP of April 26. 2002. detailing the Press Law and the Law Amending and Supplementing a Number of Articles of the Press Law; fl To coordinate with concerned agencies and direct culture-information agencies in propagating and disseminating knowledge on types of natural disasters at sea and guiding the use of information on warning and forecast of natural disasters at sea in order to raise public awareness for proactive prevention and control of. and mitigation of damage caused by, natural disasters. 7. The Ministry of Agriculture and Rural Development al To promulgate branch standards on communication equipment to enable offshore fishing vessels to receive information on warning and forecast of natural disasters at sea and communicate with coastal radio stations and the Border Guard's communication system; blTo direct localities in coordinating with the Border Guard in inspecting fishing vessels' communication devices for receiving information on warning and forecast of natural disasters at sea before fishing trips. 8. The Ministry of Industry and Trade aJ To assume the prime responsibility for. and coordinate with the Ministry of Agriculture and Rural Development in. directing Vietnam Electronics Corporation in studying and manufac­ turing special-use transceivers for receiving weather forecast information; to recommend appropriate equipment for fishing vessels and boats; bl To notifythe Ministry ofNatural Resource, and Environment and steering bodies for natura} © VIETNAM LAW & LEGAL FORUM Issue nos 06-07fNovember 2009 OFFICIAL GAZETTE (Gong Baa nos 521-522/November 15,2009) 13 disaster prevention and control of positions of oil rigs and floating structures at sea for producing relevant bulletins on warning and forecast of natural disasters. Article 10. Responsibilities of the Central Steering Committee for Flood and Storm Prevention and Control and the National Committee for Search and Rescue 1.The Central Steering Commiuee fur Flood and Storm Prevention and Control alTo direct ministries. branches and localities in proactively preventing and controlling natural disaster phenomena at sea; bl To annually report to the Ministry of Natural Resources and Environment on the frequency, quality and usefulness of bulletins on warningand forecast of natural disasters and their timeliness for users; to propose modification or supplementation of irrelevant or insufficient contents for prompt natural disaster prevention and control. 2. The National Committee for Search and Rescue aITopromptlyprovide the Ministryof Natural Resources and Environment with data on the number of people and vessels in natural disaster­ stricken areas for concentrated warning and additional forecast in areas under search and rescue; bl To annually report to the Ministry of Natural Resources and Environment on the frequency. quality and usefulness of bulletins on warningand forecast of natural disasters and their timeliness for users; to propose modification or supplementation of irrelevant or insufficient contents for prompt natural disaster prevention and control. Article 11. Responsibilities of ministries and central branches 1. To promptly transmit bulletins on warning and forecast of natural disasters to their attached agencies and units for proactive prevention and control. 2. To examine and urge their attached agencies and units in implementing regulations on communication for warning and forecast of natural disasters at sea. Article 12. Responsibilities of People's Committees of coastal provinces and ecntrally run cities 1. To direct provincial-level radio and television stations and concerned agencies in promptly broadcasting news on warning and forecast of natural disasters at sea for proactive prevention and control by agencies, units and people. 2.Todirectagenciesandunitsin theirlocalities in regularly acquiring information on natural disasters at sea and proactively reporting this information to natural disaster forecast agencies for practical prevention and control planning. 3. To direct district- and commune-level People's Committees and villages ill knowiug well the number of people and vessels and fishing and tourist areas to promptly provide news on warning and forecast of natural disasters at sea to vessels and guide them in taking prevention and control measures. 4. To direct district- and commune-level People's Committees in coordinating with the Border Guard in propagating and encouraging © VIETNAM LAW &LEGAL FORUM 14 OFFICIAL GAZETTE Issue nos 06-07/November 2009 (Gong Beonos 521-522/November 15,2009) fishing vessel owners to operate in self-managed groups and teams to enable mutual communication and assistance when natural disasters occur. 5. To coordinate with the Border Guard in examining people and safety and communication equipment of fishing boats and vessels under regulations before fishing trips. 6. To coordinate with the Ministry of Natural Resources and Environment and concerned ministries and branches in propagating and disseminating knowledge on natural disasters for agencies. organizations and individuals for proactive prevention and control. Article 13. Responsibilities of organizations and indi viduals operating vessels at sea I. To .fully equip crewmembers, ships and boats operating at sea with communication equipment to receive information on warning and forecast of natural disasters and other safety equipment under regulations. 2. To organize and participate in fishing groups or {earns; to regularly monitor to promptly receive bulletins on warning and forecast of natural disasters; to maintain communication between vessels within groups or teams and between vessels and Vietnam Coastal Radio and the Border Guard's communication system and other communication systems. 3. Upon occurrence of natural disasters, to promptly notify the number of people and boats and ships operating at sea and their positions to coastal radios, the Border Guard's communication system and other communication systems to receive timely guidance on movement prevention and control. 4. When detecting phenomena of natural disasters at sea. to promptly notify Vietnam Coastal Radio and the Border Guard's communication system for steering bodies for natural di saster prevention an d control to promptly take remedies. Chapter IV IMPLEMENTATION PROVISIONS Article 14. Organization of implementation The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with concerned ministries, branches and localities in. implementing this Regulation. Ministries, branches and localities should report any difficulties or problems arising from the implementation of this Regulation to the Ministry of Natural Resources and Environment for further reporting to the Prime Minister for consideration and decision. Prime Minister NGUYEN TAN DUNG © VIETNAM LAW &LEGAL FORUM