Tải bản đầy đủ (.docx) (13 trang)

Decision No. 51 2015 QD-TTg on regulations on search and rescue activities on inland waterways

Bạn đang xem bản rút gọn của tài liệu. Xem và tải ngay bản đầy đủ của tài liệu tại đây (167.55 KB, 13 trang )

Công ty Luật Minh Gia

www.luatminhgia.com.vn

THE PRIME MINISTER

Decision No. 51/2015/QD-TTg dated October 14, 2015 of
the Prime Minister on regulations on search and rescue
activities on inland waterways
Pursuant to the Law on Government organization dated December 25, 2001;
Pursuant to the Law on Inland Waterway Navigation dated June 15, 2004 and
Law on amendments to the Law on Inland Waterway Navigation dated June 17,
2014;
At the request of the Minister of Transport,
The Prime Minister promulgates the Decision regulating search and rescue
activities on inland waterways.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of adjustment
This Decision regulates the organization of search and rescue on inland
waterways, port waters, inland wharves, waters other than navigable channels,
waters not yet managed and exploited for traffic transport; responsibilities of
the National Search and Rescue Committee for directing search and rescue;
responsibilities of the Ministry of Transport, People’s committees of centralaffiliated cities and provinces (hereinafter referred to as People’s committees of
provinces), ministries, sectors and relevant organizations, individuals for
presiding over and organizing search and rescue.
Article 2. Subject of application
This Decision applies to organizations and individuals at home and abroad in
connection with search and rescue on inland waterways, port waters, inland
wharves, waters other than navigable channels, waters not yet put managed and
exploited for traffic transport;


Article 3. Interpretation of terms
In this Decision, some terms are construed as follows:
1. Vehicles operating on inland waterways, port waters, inland wharves, waters
other than navigable channels, waters not yet managed and exploited for traffic
transport (hereinafter referred to as vehicles) include inland watercraft, ships,
military ships, public service ships, fishing ships and other vehicles as
prescribed.

LUẬT SƯ TƯ VẤN PHÁP LUẬT 24/7: 1900 6169


Công ty Luật Minh Gia

www.luatminhgia.com.vn

2. Hot lines mean telephone numbers serving search and rescue activities
round-the-clock.
3. Commander of search and rescue operations on inland waterways
(hereinafter referred to as site commander) means a person who coordinates
activities of search and rescue, keeps contact with agencies presiding over
search and rescue operation and implements directions made by such agencies
for search and rescue activities.
4. Agencies presiding over search and rescue activities on inland waterways
(hereinafter referred to as search and rescue agencies) mean the agencies that
are tasked with coordinating search and rescue activities on inland waterways.
5. Forces that organize search and rescue operation on inland waterways mean
agencies, units affiliated to ministries, sectors and localities that carry out
search and rescue activities, full time or part time, other organizations and
individuals that participate in search and rescue operation at the request of
search and rescue agencies or upon detecting natural disasters, catastrophe, and

traffic accidents on inland waterways.
6. Particularly serious accidents on inland waterways mean accidents caused by
collision or incidents resulting in the sinking of vehicles transporting oil or
dangerous harmful chemicals; high risks of epidemic diseases to people and
living environment;
Article 4. Principles of organizing search and rescue on inland waterways
1. Information about natural disasters, catastrophe, and traffic accidents on
inland waterways in need of search and rescue operation must be reported
immediately to local authorities where the event takes place and search and
rescue agencies.
2. Take the initiative in getting human force, vehicles and equipment ready for
emergency responses within each area and nature of the event.
3. Guarantee information for emergency responses; make immediate reports to
competent authorities upon finding the incident out of control of inland
waterway search and rescue forces.
4. Command close cooperation with other forces in mobilizing the participation
in search and rescue operation during the organization and implementation of
search and rescue;
5. Guarantee safety for people and vehicles taking part in search and rescue
operation; for construction works and vehicles operating on the area where
activities of search and rescue take place.

LUẬT SƯ TƯ VẤN PHÁP LUẬT 24/7: 1900 6169


Công ty Luật Minh Gia

www.luatminhgia.com.vn

Article 5. Responsibilities of search and rescue agencies

1. People’s committees of provinces shall preside over the organization of
search and rescue on inland waterways within local administrative divisions.
2. The Ministry of Transport shall preside over and cooperate with ministries,
sectors and localities in organizing search and rescue on inland waterways in
case of particularly serious concerning two or more provinces; direct
cooperation with search and rescue organizations in the area bordering two
provinces in case of need.
3. National Search and Rescue Committee shall direct ministries, sectors and
localities to mobilize human forces, vehicles and equipment for search and
rescue operation in cases out of control of search and rescue agencies as
prescribed in Clauses 1 and 2 of this Article.
Article 6. Human forces, vehicles and equipment participating in inland
waterway search and rescue operation
Human forces, vehicles and equipment participating in inland waterway search
and rescue operation include:
1. Organizations and units that carry out search and rescue operation, part time
or full time, affiliated to ministries, sectors and localities; and other relevant
organizations and individuals.
2. Organizations and units that carry out management and maintenance of
regional inland waterways; inland waterway port authorities;
3. Human forces, vehicles and equipment from agencies and units based in the
administrative division;
4. Human forces, vehicles and equipment from foreign organizations and
individuals as mobilized by Vietnam’s competent agencies;
5. Human forces, vehicles and equipment from the centers that handle oil spill;
6. Other human forces, vehicles and equipment operating on inland waterways;
Article 7. Inland waterways search and rescue drills
1. Annually, in reliance on actual circumstances, the Ministry of Transport,
People’s committees of provinces shall establish plans for search and rescue
drills on inland waterways in key administrative divisions.

2. Activities of cooperation and deployment of drills are implemented in
accordance with laws.
Article 8. Expenditure on search and rescue operation on inland waterways

LUẬT SƯ TƯ VẤN PHÁP LUẬT 24/7: 1900 6169


Công ty Luật Minh Gia

www.luatminhgia.com.vn

1. Expenditure on search and rescue operation on inland waterways includes
sources from state budget, sponsorships, grants, aides and voluntary
contributions from organizations and individuals, and other legal sources as
prescribed.
2. Sources from state budget are allocated in annual budget estimates.
Establishment of cost estimates and payment of expenditures are implemented
in accordance with the Law on State Budget and applicable guiding documents.
3. Organizations and individuals that participate in search and rescue operation
shall be subsidized according to laws.
Chapter II
COMMUNICATION AND ORGANIZATION OF SEARCH AND
RESCUE ON INLAND WATERWAYS
Article 9. Communication in search and rescue operation on inland
waterways
1. Search and rescue agencies shall use hot lines or other means of
communication to receive information about natural disasters, catastrophe, and
traffic accidents on inland waterways.
2. Information includes:
a) Locate people and vehicles suffering natural disasters, catastrophe and

accidents;
b) Nature of natural disasters, catastrophe, accidents;
c) Time of natural disasters, catastrophe, and accidents;
d) Number of victims, name, age or identity;
dd) Other information: Name of vehicles in distress, registration number, or
other identities; requests for rescue of victims, tug boats, and vehicles; name,
address and means of communication with vehicle owners.
Article 10. Supply, receipt and handling of information about search and
rescue operation on inland waterways
1. Organizations or individuals upon detecting or being notified of people and
vehicles in distress on inland waterways shall be responsible for making
immediate reports to local authorities where the event takes place, or to search
and rescue agencies or police authorities in closest proximity.
2. Agencies or units that receive the information (including cases of inadequate
information as prescribed in Clause 2, Article 9 hereof) shall be responsible for

LUẬT SƯ TƯ VẤN PHÁP LUẬT 24/7: 1900 6169


Công ty Luật Minh Gia

www.luatminhgia.com.vn

carrying out the inspection and making immediate reports to search and rescue
agencies, and organizing human force, vehicles and equipment taking part in
search and rescue operation within functions and duties.
3. Agencies or units tasked with carrying out search and rescue operation shall
be responsible for receiving and handling information about incidents on inland
waterways and immediately preparing plans for search and rescue operation.
Article 11. Warnings, notices about dangerous areas, natural disasters on

inland waterways
1. Warnings, notices and forecasts about dangerous areas, natural disasters are
implemented within functions and duties of Ministries, sectors and localities.
2. Vietnam Inland Waterway Administration, the Services of Transport within
management shall issue notices about restrictions on inland waterways traffic
and dangerous areas on mass media.
3. In case natural disasters, catastrophe and traffic accidents affect road and
railway works, irrigation and hydro-power works or cause oil spill, leakage,
dispersion of harmful chemicals, radiation, search and rescue agencies shall
cooperate with agencies or units managing the works, relevant agencies in
making notices, warnings or restrictions or prohibitions on traffic to ensure
safety for the works and traffic activities in the area.
4. Means of mass media within functions and duties shall make media coverage
of warnings about natural disasters, catastrophe and traffic accidents on inland
waterways.
Article 12. Search and rescue agencies
Upon occurrence of natural disasters, catastrophe and traffic accidents on inland
waterways, search and rescue agencies shall take the following responsibilities:
1. Grasp developments of natural disasters, catastrophe and traffic accidents on
inland waterways to put forward appropriate plans, mobilize human force,
vehicles and equipment for timely and effective responses.
2. Appoint site commanders;
3. Ensure traffic order and safety throughout; in case of natural disasters,
catastrophe and traffic accidents, make immediate reports to state
administration agencies for environmental protection for timely handling;
4. Keep constant contact with site commanders and direct activities of search
and rescue;

LUẬT SƯ TƯ VẤN PHÁP LUẬT 24/7: 1900 6169



Công ty Luật Minh Gia

www.luatminhgia.com.vn

5. Grasp the situation and developments of the event to provide timely
instructions on rescue of people and vehicles in distress and lead coordination
between site commanders and human force, vehicles and equipment taking part
in search and rescue
6. Directly mobilize human force, vehicles and equipment for search and rescue
operation if necessary; make immediate reports to competent authorities for
supports if the situation is out of control.
7. Cooperate with other relevant agencies, organizations in resolving
consequences of search and rescue tasks;
8. In case foreign vehicles or vehicles carrying foreigners are in distress on
natural disasters, catastrophe or traffic accidents on inland waterways, search
and rescue agencies shall be responsible for making reports to National Search
and Rescue Committee and the Ministry of Foreign Affairs for cooperation with
competent agencies of the country with people and vehicles in distress in
handling consequences.
Article 13. Site commanders;
1. Site commanders appointed by search and rescue agencies shall take the
following responsibilities:
a) Directly command and mobilize forces for search and rescue activities in
each specific situation;
b) Unify commands to ensure safety to people and vehicles taking part in search
and rescue operation;
c) Keep constant contact between vehicles taking part in the operation and
people and vehicles in distress; assign specific tasks to each vehicle taking part
in the operation; make constant reports to search and rescue agencies on the

operation of search and rescue on site;
d) Carry out instructions and requests for on-site search and rescue given by
search and rescue agencies:
dd) Make reports and proposals to search and rescue agencies for supplements
or changing plans for search and rescue, or reinforcing human force, vehicles
and equipment taking part in the operation appropriate to actual conditions of
search and rescue activities on inland waterways; changing or halting plans for
organizing search and rescue operation must be approved by search and rescue
agencies;
e) Have the right to make adjustments to plans for search and rescue in
accordance with actual conditions in case of emergency and impossibility to

LUẬT SƯ TƯ VẤN PHÁP LUẬT 24/7: 1900 6169


Công ty Luật Minh Gia

www.luatminhgia.com.vn

make contact with search and rescue agencies but an early report must be made
afterwards;
2. In case an incident happens without presence of the site commander, the
captain or driver of the vehicle who detects and arrives at the site soonest shall
play the role of the site commander in making immediate reports to search and
rescue agencies and keep commanding the activities of search and rescue until
the site commander is available.
3. In case the incident is out of capacity for mobilization of forces, the site
commander or his/her temporary substitute must make immediate to search and
rescue agencies or to local authorities in close proximity for supports.
Article 14. Other organizations and individuals in coordination

Organizations and individuals in coordination shall take the following
responsibilities:
1. Obey orders given by search and rescue agencies
2. Cooperate with other units in taking part in activities of search and rescue on
inland waterways under the command of the site commander and orders of
search and rescue agencies; make immediate reports to the site commander and
competent agencies on activities of search and rescue.
3. Make immediate reports to state administration agencies on environmental
protection in case the incident causes damage to the environment;
Article 15. Captain and driver in coordination
1. The captain or driver of vehicles operating on inland waterways shall take the
following responsibilities:
a) Take part in the rescue of victims upon detecting or receiving information
about natural disasters, catastrophe or traffic accidents on inland waterways
close to its area of operation if safety to its people and vehicle is ensured; make
reports to local authorities or search and rescue agencies about its activities of
search and rescue;
b) Obey orders given by search and rescue agencies; For emergencies without
orders given by search and rescue agencies, obey orders given by the site
commander;
2. Captain and driver of search and rescue vehicles shall take the following
responsibilities:
a) Cooperate and keep contact with people and vehicles in distress and search
and rescue agencies in grasping situation and unifying methods and measures to

LUẬT SƯ TƯ VẤN PHÁP LUẬT 24/7: 1900 6169


Công ty Luật Minh Gia


www.luatminhgia.com.vn

keep contact with people and vehicles in distress; protect traces and evidence
related to the accident;
b) In case the party in distress and party taking part in search and rescue both
agree on rescue measures without the need of additional assistance, an
immediate report must be made to search and rescue agencies or the site
commander for halting mobilization of assistance;
c) In case additional assistance is needed, proposals must be made to search and
rescue agencies for assistance if necessary;
d) Have the right to make proposals for search and rescue measures to the site
commander; perform duties as assigned by the site commander;
3. People on vehicles in distress within possible conditions should:
a) Seek all measures possible to save their own lives and people on the vehicles,
minimize death toll;
b) Make contact with human force, vehicles and residents in proximity for early
rescue;
c) Make notifications to search and rescue agencies directly or through human
force or vehicles taking part in the operation for instructions;
Chapter III
RESPONSIBILITIES OF AGENCIES, UNITS AND INDIVIDUALS FOR
SEARCH AND RESCUE ON INLAND WATERWAYS
Article 16. People’s committees of provinces
1. Preside over and cooperate with relevant competent agencies in mobilizing
human force, vehicles and equipment from localities, agencies and
organizations based in localities to take part in search and rescue activities on
inland waterways within the administrative division.
2. Make reports to National Search and Rescue Committee during the
organization of search and rescue activities and in cases beyond control of
localities for instructions and assistance;

3. Establish plans for mobilization of human force, vehicles and equipment
from localities, agencies and organizations based in localities to take part in
search and rescue activities on inland waterways within the administrative
division.
4. Mobilize human force, vehicles and equipment from organizations and
agencies based in the administrative division and human force, vehicles and
equipment from other localities operating in close proximity to areas where the

LUẬT SƯ TƯ VẤN PHÁP LUẬT 24/7: 1900 6169


Công ty Luật Minh Gia

www.luatminhgia.com.vn

accident happens for search and rescue operation; keep order and security
during search and rescue operation;
5. Preside over and cooperate with other relevant agencies, organizations, and
individuals in verifying, inspecting and resolving natural disasters, catastrophe
and traffic accidents on inland waterways within the administrative division;
6. Ensure traffic safety to vehicles traveling across the area where search and
rescue operation on inland waterways takes place, on local and specialized
inland waterways routes;
7. Grant approval for plans for search and rescue drills on inland waterways;
Article 17. The Ministry of Transport
1. Mobilize human force, vehicles and equipment from ministries, sectors and
localities, units, organizations and individuals in coordination as prescribed in
Clause 2, Article 5 hereof;
2. Make reports to National Search and Rescue Committee during the
organization of search and rescue activities and in cases beyond control of the

Ministry of Transport for instructions and assistance;
3. Direct agencies and units affiliated to the Ministry to cooperate with People’s
committees of provinces and relevant ministries and sectors in establishing and
developing plans of combining use of forces, vehicles and equipment from
inland waterways, maritime, road and railway branches that are on duty and
ready for being involved in watch keeping, search and rescue activities on
inland waterways;
4. Direct agencies and units affiliated to the Ministry to mobilize forces,
vehicles and equipment from their own and cooperate with People’s committees
of provinces in search and rescue activities; mobilize forces, vehicles and
equipment belonging to the Ministry for search and rescue of vehicles that
belong to other ministries, sectors and localities at the request of National
Search and Rescue Committee;
5. Organize and ensure traffic safety in the areas where search and rescue
activities take place within national inland waterways routes;
6. Make annual reports to National Search and Rescue Committee on activities
of search and rescue on inland waterways conducted by forces and vehicles
belonging to the Ministry for compilation as prescribed;
7. Grant approval for plans for search and rescue drills on inland waterways
submitted by Vietnam Inland Waterways Administration;

LUẬT SƯ TƯ VẤN PHÁP LUẬT 24/7: 1900 6169


Công ty Luật Minh Gia

www.luatminhgia.com.vn

Article 18. National Search and Rescue Committee
1. Direct ministries, sectors, localities, organizations and individuals to mobilize

human force, vehicles and equipment for search and rescue operation on inland
waterways when the case is out of control of search and rescue forces;
2. Provide guidance to ministries, sectors and localities on providing training in
professional competence of search and rescue on inland waterways to other
relevant organizations and individuals; monitor and inspect the implementation
by agencies;
Article 19. Central Steering Committee for natural prevention and control
1. Provide guidance on measures to prevent storms, floods, tropical depression
and other types of natural disasters related to inland waterways traffic;
2. Cooperate with National Search and Rescue Committee in mobilizing forces,
vehicles and equipment for search and rescue activities when people and
vehicles are in distress as a result of floods, storms and tropical depression;
Article 20. The Ministry of National Defense
1. Cooperate with National Search and Rescue Committee in establishing and
developing plans of combining forces, vehicles and equipment from Navy,
Border Guard, Coastguard and military zones based in the administrative
division and other military forces in the performance of the Ministry of
National Defense’s duties; ready for keeping watch and participating in search
and rescue within administrative division;
2. Mobilize military forces, vehicles and equipment for search and rescue of the
vehicles, boats and ships under the management of the military or at the request
of search and rescue agencies;
3. Make reports to National Search and Rescue Committee on activities of
search and rescue on inland waterways conducted by natural defense forces as
prescribed;
Article 21. The Ministry of Public Security
1. Cooperate with the Ministry of Transport and People’s committees of
provinces in establishing and developing plans for combination of forces,
vehicles and equipment from police forces in the performance of the Ministry
of Public Security's duties along with keeping watch and participating in search

and rescue;
2. Mobilize forces, vehicles and equipment under the management of Police
forces or at the request of search and rescue agencies for search and rescue

LUẬT SƯ TƯ VẤN PHÁP LUẬT 24/7: 1900 6169


Công ty Luật Minh Gia

www.luatminhgia.com.vn

activities; investigate and handle traffic accidents on inland waterways
according to law provisions;
3. Make reports to National Search and Rescue Committee on activities of
search and rescue on inland waterways conducted by Police defense forces as
prescribed;
Article 22. The Ministry of Finance, the Ministry of Planning and
Investment
1. The Ministry of Finance and the Ministry of Planning and Investment shall
allocate state budget to Ministries, sectors and localities for search and rescue
activities on inland waterways.
2. Inspect management and use of state budget sources as allocated;
Article 23. The Ministry of Agriculture and Rural Development
1. Direct agencies and units affiliated to the Ministry to forces, vehicles and
equipment from their own for search and rescue of vehicles and ships that
belong to fisheries industry; vehicles and ships belonging to other ministries,
sectors and localities as requested;
2. Cooperate with Ministries, sectors and localities in sharing information and
database on the management of rescue activities for fishing ships operating on
inland waterways;

3. Make reports to National Search and Rescue Committee on activities of
search and rescue on inland waterways conducted by the Ministry as prescribed;
4. Direct agencies and units affiliated to the Ministry to cooperate with
Ministries and sectors in ensuring safety to irrigation and dike works on inland
waterway routes to put forward measures to respond when natural disasters,
catastrophe and traffic accidents on inland waterways happen;
Article 24. Ministries and ministerial-level agencies
1. Other ministries and sectors within functions and duties shall be responsible
for cooperating with search and rescue agencies in mobilizing forces, vehicles
and equipment from their own units to take part in search and rescue activities.
2. Put forward measures to respond immediately upon receipt of information or
requests for handling of natural disasters, catastrophe and traffic accidents on
inland waterways within responsibility;
3. Cooperate with National Search and Rescue Committee in establishing plans
for using forces and vehicles from their own ministries and sectors in search
and rescue activities on inland waterways;

LUẬT SƯ TƯ VẤN PHÁP LUẬT 24/7: 1900 6169


Công ty Luật Minh Gia

www.luatminhgia.com.vn

Article 25. Organizations and individuals having vehicles operating on
inland waterways
1. Obey orders given by competent agencies on mobilization of vehicles for
search and rescue activities on inland waterways;
2. Coordinate participation in search and rescue drills at the request of
competent agencies;

3. Update hot lines of search and rescue agencies, captain or driver of
watercraft;
Article 26. Organizations and individuals managing forces, vehicles and
equipment based in localities
1. Make reports to agencies, organizations, and individuals upon detection of
natural disasters, catastrophe and traffic accidents on inland waterways;
2. Quickly mobilize forces, vehicles and equipment for search and rescue
activities at the request of search and rescue agencies within capability;
3. Mobilize forces, vehicles and equipment from their own units for search and
rescue activities under the commands of the site commander;
4. Take part in search and rescue drills on inland waterways in the
administrative division on request;
Article 27. Responsibilities of insurance enterprises for search and rescue
on inland waterways
1. Cooperate and provide documents, records and information in connection
with insured people and vehicles at the request of competent agencies for rescue
operation and case settlement;
2. Cooperate with search and rescue agencies in handling and making
compensations for damage according to law provisions;
Chapter IV
IMPLEMENTATION PROVISIONS
Article 28. Implementation Effect
This Decision takes effect on December 01, 2015.
Article 29. Implementation provisions
1. The Ministry of Transport shall preside over and cooperate with National
Search and Rescue Committee in inspecting and monitoring the implementation
of this Decision.

LUẬT SƯ TƯ VẤN PHÁP LUẬT 24/7: 1900 6169



Công ty Luật Minh Gia

www.luatminhgia.com.vn

2. During the implementation of this Decision, National Search and Rescue
Committee and the Ministry of Transport should compile issues in need of
amendments and supplements and make proposals to the Prime Minister for
consideration and decision.
Ministers, heads of ministerial-level agencies, heads of governmental agencies,
presidents of the provincial People’s Committees, presidents of National Search
and Rescue Committee, heads of relevant agencies, organizations and
individuals shall be responsible for executing this Decision./.
For the Prime Minister
The Deputy Prime Minister
Hoang Trung Hai

LUẬT SƯ TƯ VẤN PHÁP LUẬT 24/7: 1900 6169



×