National Plan on coping with oil spill incidents in the 2001-2002 period

DECISION No. 129/2001/QD-TTg OF AUGUST 29, 2001 RATIFYING THE NA1'IONAL f'L,,.\ ,\: ON COPING WITH OIL SPILL INCIDENTS lN THE 2001-2010 PERIOD THE PRIME MINISTER Pursuant ·to the Law on Organization of tht Government qf Septe mber30, 1992: Pursuant lo the Law on Environmenta/Prorection ,~( December 2 7, I 9 9 3; Al the propr),rnf oftheNationalCommitfee jiJr Search and Rescue and opinions of the c:oncerned ministries. branches and agencies, DECIDES: Article 1.- To ratify the national plan on coping with oil spill incidents (OSis) in the 2001-2010 period with the following principal contents: 1. Ob,icdfre.~· of the f)lan a/ Objeetivt.:s to be achieved by 2010: Being ready to cope and promptly and dlcctivcly cop mg with a Ii cases of O Sis, so as to minim izc dam age caused J-o Ilic cnvfromne11t as wdJ ns their advcr.'.>1 impllcls on the economic sectors and the people's lifo. The pcrfectio11 of the system of meclianisms, pobcie!; and organization:; from the central to grassroots level:; the buildiug of the professional force to act as the coni in OSI coping activities No. J'? ((rn--JIJ . .)JJOl) li/ Objcctivc;s 10 be acl1H:1 nl b1 )0(/\ Tlw readiness for dfcc!iwl:, nlpme. mli1 OSls Ill :1 number of OSI-prone regions, ,,-hen, great d,1magc nm;; be entailed, such as the sea area of Ba Rin - Vung Tm1 pro\'inee, Sai Gon - Dong Nai nn;rs, Centnil V1cl1wm ·s sea area from Dn Nang 10 Nha Trant\ cih·, co11stal--rh,er areas in Hai Pl1ong city a11d Ila Long bny 2. Scope of implcmcntatiou of lhe national plan on corling with OSh and regulations on regions of coping \\·ith OSh :-uul dassifirntion of OSl tlcgrccs a/ Scope of impk:mentc1tio11 of 1hc national plan on coping with OSls The national plan on copmg with OSls shall b(.; implcmen1ed in H!l mamland regions, offshore 1shmds mid rnnrmc Lones (the internal ,va1ers, tcJTitoria! w<1ters. con{iguous ;,;0110s, cxclus1vc economic zones und continental shelf ofVietnam) defined m the May 12, 1977 Dccbration of ihe Govcnunenl of the Socialist Republic of Vietnam on the territorial waters, contigvous zones; exclusive economic ✓.ones and conimcntal shelf of Vie1nam. Coping with OSls shall be carried out mall cases of 01] spilling caused by any domestic or foreign organizations aml/or individuals for any reasons. b/Reg1ons of copmg with OSls The Northern reg10n, covering all the northern provinces and citiCs southward to the end of Quang, Binh province; the entire sea area in Tonkin Gulf wilhin the scope of coping with OS ls strctchi11g to parallel l 7° 1 O' North. T11c Ceniral region, covering all the provinces and cil!cs of the Central Victmm1 from Qum1g Tri province to Binh Tlnrnn provmce's southernmost point; the entire sea arcil withii1 the scope of coping with OSls from parallel 17°1 0' North to 11 "20' North. The Southern region, covcriug all the southern pwvmccs and c1tws from Nmh Timmi proyincc to Ca Mau and Kien Giang provinces· ~outhernrnost pornts; the entire sea <1rea from parallel l l "20. North, stretching southward, to the southern lunil of' 1his national plan's scope of' copmg with OSls. cl Classification of OSJ degrees Actil"ilies of coprn[!, with OS ls o'h,111 b1;, earned out depending on OS] <lcgrec~, \Yluch arc dass1fied from degree l 1o degree 1lf uccordmg to the vohrnw of oil spilt llllO the CJ\\ lrOlllllClll Dc.r t-cc J Under I()() ldJl';, Degree ll Bctm;c;n lil(I and ),0()() tons. Dcgret; 111 On:r 2 .000 tons. 3. Tiu' system am\ nperntion mechanirn1 ol" the OSJ-cupin/\ kwls The actiYitics of cdping with OSls shall be came<l out nt 3 JcycJs: grassroots, n.:g1onnl and uational. a/ Grassroots level. Socio-econom1c estab/Jshmcnls and dcfonsc scenrity cslablishments (hcrcurnftcr colleetivdy referred to as establ1shnw11ts), which arc likely to cause OSls, shall have to work out copmg pluns by themselves, invest in facilities and equipment and organize forces to ensure the prompt and effecti 1-c USJ prc,-cntio11 and copmg corresponding to the possibility of oil spilling caused by themselves, and be ready to take pmt in common aclivities of coping with OS!s under unified mobilization m1d/or command of the competent agencies. • In cases ,vhere an establislunent 's potential and capability arc limited, it shall have to enter into contrncts with other cstablislm1cnts iJJ !he same locality or with the regional OSI-copu1g ccnkr for supporis in coping with OSI when it occurs at its place. bi Regional kvel. ln each OST•copmg region, a regional OSI-copmg center (hereinafter rcfom.:d to as regional center for short) shall be organized. The regional centers shall he organized and operate under the statute of public-utility State enterprises, have profossional forces acting as core units fully qualified and ready to perform the task of co\iing with OSis of degree ff or lughcr within their assigned rcg10ns. • On the bus is of general evaluation of the practical situation and the demands for manpower, facilillcs, equipment and supplies ror OSI-coping activities 111 each region, the Stale shall addtlionally im·c,;t in the regional centers, in order to nrnkc them capable of pcrronning the task of copmg with OSls w11hin their assigned regions. The regional ccn1cr s shall submit to the State management by 1he managmg ministries and branchc,. The National Committee for .'1carcb. and Rcsc1J<o <Jmll dirrxtlv ms!nict the rCJ\IOnaJ centers in 1l1r:, rlommn nf coping \\"ith OST:;. 01.l iC L\I ( i./\/1 :TTL Frnrn 11nw till 7004, lo ernH:entrn!e dli:11\s lH\ lrni [ding allCI putliut'. into opcrntion t 1 centers n1 the Ccinral and Southern regions. On the basis of experience drnwn from operation of these t\rn centers, the: National Committee for Search and Rescue shall propose plan for building the No11htrn Cen(cr, thus e11suring that by 20 l 0, the whole country shall have three regional OSJ .. coping centers in operntion c/ Na!ional level: · ht cases where m1 OSJ occurs beyond tlic coping capability of a rcgionui center, the National Committee for Search and Resc11c shall mobilize forces of other rcgwnal centers, the miuistries, branches, localities, org ,miznfoJJs aml individuals for com·dinated O SJ-coping activities. In cnses where ai1 OSI occurs beyond the coping capability of domestic forcc,s, the National Committee for Search and Rescue shall propose !lie Prime Minister to ask for help froi11 foreign OSI-coping forces. The National Committee for Search and Rescue shall assume the prime responsibility intd coordinate witl1 various forces in lhcse OST-coping activities. 4. F"acilitics and equipment for coping with OSis a/ At establishments: Establishments shaH fomish tl1emselves with means, foci!itics ,md equipment so as to be able to cope with OSls of u certain degree, which may occur nt their establishments under {he provisions of{his plan. b/ At !he regional centers: The regional centers must have the following essential facilities, equipment, means and supplies: Technic<1l and informMio11 ,md conmumica!ion facilities and equipment in service of admini1;tration of tli c cc11ters' opera Lions. Speciul-use ship fleets, speedboats, buoys of all kinds, dispersers and dcnccs and equipment for containing oil, pumping, sucking and spraying dispersers and gathering oil; ~ystcm of !:mating oil dregs ... ·· Protec( i ve equipment, devices and mttfi ts f(1r persons engaged in coping ne(ivities. c/ AL the steering and admi11istering agciw.ics: The N ntional Committee for Search nnd Rcsc:uc, the Mmis!ry of Science, Tcdmofogy and Envirnmncnt nnd 01/wr concerned agencies shall be forn1~hcd with in fmmation and cornmlmie.:ttion equipment and other facililH:~ and cqu1pnicnt suiiablc to lhelf assigned rcsponsi bi l itic~ as ptc~c 1 i bed Ill Article ), ol ·this l )u:.ision. 5. Finance for i1np!1:n1cntation ufthc national pla11 on rn11ing with OS/s 11/ For the productnm and business cstabli.~lmients: Estnblishments shall self:finance the implementation of their own phins on coping with OSk b/ For the rcg1onal centers· Operations of the rcg1ona l OS I -coping ec1itcrs shall be financed by the following sources: The State budget allocations to the regional centers for addition to initi.:tl investment, and for a number of regular OSI·coping acrivitic.-, which shall be considered according to the Gm·crnment's Decree No.5(J/CP of October 2, 1996 on public-'•tility State c1H,-:rpriscs and the Prime Minister's Decision No. 215 / 1999 i<.J. D-TTg of N ovcmb er 3, I 999 prornitlgating the provisiou al Rl:gulation on financial mn nagcment applicnb le 10 senreh and rescue activities. Other lawful fonding sources. The reg,ional centers shall proceed to work out their business plans to cover by themselves funding for their operation and implementation of their plans on coping witll OSfs. cl For the sleering and administering agencies: For activities related to the performance of tasks assigned hy the Government, the National Committee for Search and Rescue, tl1c Ministry of Science, Technology and Environment and other concerned agencies with the rcspomibilitics prescribed in Clnusc 4, Article 1 of this Decision shall be entitled to use the Stale budgd's fumling souree, Article 2.- Organization of implctncntation of the national pfon on coping wi(/1 OSis f. The National Committee for Search and Rescue: The National Crnumittee for Search and Rescue, acting as the ugency laking the prime charge and co1nmand and organi1.ing the implementation of the national plm1 on copirrg wi!h OSl.s, sha!l lwvc to: a/ Elaborate the rcgulittion on OSI-coping activities 11atio11,vidc und build tlic implementation-organizing system, thus ens111mg ilrni ll om 2002-2003 onward the OSl coping activities slrnll be admiuistcrcd under (he No l'i (UN- !1)-'.U)()JI ()FTICJ I\L r ji\/1 · T 11 rcguL1tJ01J by 11 1mifonnly orgm1izcd system thniughmn !he country. b/ Assume lhe prime rc-sprnnibility for c:ommunity·• bascd propagation and education, raising of citizens· sense o( tcsronsi bilit\', nwb ih,.ation and orgatti1at101, of people W pmtic1patc in ac[ivitics of preventing and coping ,,·ith 0Sis, with a view to socializing the task of preventing aud coping with OSls. c/ Direct mobilize. command and coocdi11at<:. forec:.s tnking part in coping with OSis. <l/ Assume the prime responsibility and coordinufo ,,·ith the Ministry of Science, Technology and Environment and the concerned ministries and branches in synthesizing and submittii1g to the Prime Minister munrnl plans and fiyc~ycaf plans. Ctr.c:t of all the plan on copmg wiili OS Is in 2()0 l-2005 period, organize the implementation \hereof as soon as such plans arc approved atthe regions,.ministrics, branches, provinces and centrally.ruucities, mid regularly guide, urge and supervise the implementation of the plans according to the current regt1lations. • el Direct the i1wes\i.g,ation and verifici.i1ion of big OSis. propo:£to the Ftime Minister li11d the co11cemcd agen;ies measures tn pre,,:eL~( aud/or 111inimizi:.-: tl1c damage caused by OSls. fl Organize and direct minual drills i11 coping with OS ls, provide professional trni1.1i t1g courscsJo the fon;c s engaged in coping \\aitll OSTs. gl Act as a national coordinator for Vietnam's parlicipation in inteh1ili10nal cooperation ncliYitics in the domain of coping with OSis; coordinatc ,vith the cmmtrics lurvi11~, con1ig,uous zones with Vietnam i11 condm:tingjoint activities of coping with OSis Llpon their occunc11ce in such zones. lJ Draw up the !isl of documents on intcnrnlional relations in coping wiih OS!s, (hen propose it to the concerned State management agencies for promulgation according to their competence, thus ensuring th ill by 2001 ot1r countr-' shall have sullicicnt legal documents to serve <ts legal b:iscs for OSJ-cop111g organw1!ions at home and abroad lo coordmak wilb 011c anolher m coping ·with OSls iu Vietnam. 2. The Ministry of Srlencc. Tcrhnolof;.\ and E11,,ironme111 shall h:we tn: a/ Propose lo 1hc GovcnmJ(:nt and 1 he Prime Minister fm p1 umulgation or prou1ulgatc according to 1(s own O)mrc.1.cncc policies ,.rnd \cgn\ documents in tlw domain oC ovcrcomin.g OST cm,scqucnccs c,H1scd to the en\ ironmcnt; elaborate and orgm1ize the impkmcnf ;1tio11 {lftlw )(l()J.J.005 fiYc-ycar plan on the pwrnulgation of (11,;sc <lucumcnb. b/ Guide the ministrie,, branches and localities in cvaJunting and dctcrminiog damage and overcoming conscq11encc being the e1n·ifonrncntal degradation caused b:v OSls. cl Organize and suppon the National Conunittec for Search and Rescue in conducting scientific research i11 the domain of coping, with OSI½. (II fnspecL exmnmc and handle violations, settle disputes, complaints and <lemmciations ,1ccmdi,1s to its competence. 3, The Ministry of llcfcn.~e shall li1h1e to: u/ Elnborn\c and org,mizc:thc imp!cmentation of plans on fost deployment of the army's forces and means to take pmi in the coordiuatccl OSI-coP,fr1g acti,,itics at the fC(!l\Cst of the Nationol Comn1itl¢c foi Search and Rescue. bl Establish theOSI-copiny, center of lhe Celllrnl Vietnam in the rescue svstcm of the Ministry of Defense. The Ministry of Defense shall assuin~ lhe prime rcspoitsibility and coordit1ate with the National Commillcc for Search and Rescue, the Ministry of Planning and Jnvestmc1it tlie Ministry of Finance and other concerned agencies in prescribing the OSI.coping task of CcnJral Vietnam's een ter, fornishing faciJ i ties and eqtiipment, and training primary necessary pe:rsonncl of the center, so that the center cmt he ready for i.t~ task in 2002-2004 period, 'i. The Vict1rnm Oil and Gas Coqioratiou shall lrnn'. to: a/ El aboratc and organi;,,c !lie imp! eme11rntion of p ! ans on fast dcpl oyment of the oil n nd gas sector's forclcs and mc,ms to take p,1r! in !he coordi1wtcd copi11g of OS ts at the request of (hr~ National Commi!1ee for Search and Rescue. b/ Esuiblish the OSJ-copiilg center of the Soulhern n::g'n i,\ iY1 \he (;mcrµ;cacy syslcm lmdcr \he \Jictnc1m Oii rrnd G:is Corpora(io11, The Vietnam Oil and Gas Corvoration shall assunK: (he prime rcsponsibihty and coordinal1: with the National Conm1illcc for Sear1.h and Rescue, the Ministry of Plmming and hm;s1mu1t, tl1c Ministry of Finance and other concerned ngcrn::1es. in prescribing the OSI-coping task or the South, ;rH region's center. furnishing f'aci\itics and equipment, and truinmg primary necessary personnel of tl1c (;enter, so that ihc center c1m be ready for its /ask ill 2002-2004 pcnod. 5. The concl'.rlll.'-lt ministries and bramhcs sllal\ have t<l: a/ Direcl and inspect organizalions and production ill\d business est ab lishn1ents under their respective management, which arc likely to cnusc OS ls, in workin1~ out plm1s and organizing the coping of OSls accordi11g to the provisions of this Decision. b/ Mobilize forces and i11e,111s under their respective 111,mag~rncnt for the coping of OS ls ai the n:qucs I fJ1 1hc National Committee for Search and Rescue 6. The People's Committee~ of the pr()vinccs and centrally-run cities ~hall have to: a/ Provinces and ccntrully-run cities, with cstabtislunents fikcJy to cause OSis sltaU nave (o elaborate aild organize the implementation of their 0\\111 plans on coping wi{h OSis on the hasis of mobilizing forces, mcans,·facilities and cquip111cnt for coping ,v1th OST s from cs tab !ishments attached to lh(:': Stc1t(:': agencies, organizations and individuals located in the localities under their respective nrnnagemcnt. bf Direct and inspect organizations and production and bttsiness establishments under their respective management, which are likely to cause OSfs, in working oul plans on coping with OSis nnd organizing the implementation thereof according to the provisions of this Decision. cl Create conditions for and coordinate with the forces of the ministries, branches and other localities in monitoring and supervising OSls, mid at the same time direct the coping activities whe11 OSfs occur in their louilitics. Article 3.- This Decision tnkes effect l 'i rlm·s after its signing. Arride .J •.. The Chairman of the N ::itionfll Committee for St'~rch and Rescue, the mi11istcrs, the hcnds of the rnimslcrial-lcvcl agencies, the heads of t.lw. il\'/cncil":s ;111achcd 10 the Govcrnnwnt and the presidr.:nb ur the l'(ooph;s {\lllllllll(u;~ or [lw pnwiilCCS ,md cc.111rall:· rui, citir;s slwll h,ll'c to 1111pkment \his Dcciswn. Prime 1Ui11ister PBAN VAN KHAI