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THE
PRIME MINISTER OF GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
129/2001/QD-TTg
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Hanoi,
August 29, 2001
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DECISION
RATIFYING THE
NATIONAL PLAN ON COPING WITH OIL SPILL INCIDENTS IN THE 2001-2010 PERIOD
THE PRIME MINISTER
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to the Law on Environmental Protection of December 27, 1993;
At the proposal of the National Committee for Search and Rescue and opinions of
the concerned 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. Objectives of the plan
a/ Objectives to be achieved by 2010:
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- The perfection of the system of mechanisms,
policies and organizations from the central to grassroots levels, the building
of the professional force to act as the core in OSI coping activities.
b/ Objectives to be achieved by 2005:
The readiness for effectively coping with OSIs
in a number of OSI-prone regions, where great damage may be entailed, such as
the sea area of Ba Ria - Vung Tau province, Sai Gon - Dong Nai rivers, Central
Vietnam’s sea area from Da Nang to Nha Trang city, coastal-river areas in Hai
Phong city and Ha Long bay.
2. Scope of implementation of the national plan
on coping with OSIs and regulations on regions of coping with OSIs and
classification of OSI degrees
a/ Scope of implementation of the national plan
on coping with OSIs
The national plan on coping with OSIs shall be
implemented in all mainland regions, offshore islands and marine zones (the
internal waters, territorial waters, contiguous zones, exclusive economic zones
and continental shelf of Vietnam) defined in the May 12, 1977 Declaration of
the Government of the Socialist Republic of Vietnam on the territorial waters,
contiguous zones, exclusive economic zones and continental shelf of Vietnam.
Coping with OSIs shall be carried out in all
cases of oil spilling caused by any domestic or foreign organizations and/or
individuals for any reasons.
b/ Regions of coping with OSIs
- The Northern region, covering all the northern
provinces and cities southward to the end of Quang Binh province; the entire
sea area in Tonkin Gulf within the scope of coping with OSIs stretching to
parallel 17o10’ North.
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- The Southern region, covering all the southern
provinces and cities from Ninh Thuan province to Ca Mau and Kien Giang
provinces’ southernmost points; the entire sea area from parallel 11o20’ North,
stretching southward, to the southern limit of this national plan’s scope of
coping with OSIs.
c/ Classification of OSI degrees
Activities of coping with OSIs shall be carried
out depending on OSI degrees, which are classified from degree I to degree III
according to the volume of oil spilt into the environment.
Degree I: Under 100 tons.
Degree II: Between 100 and 2,000 tons.
Degree III: Over 2,000 tons.
3. The system and operation mechanism of the OSI-coping
levels
The activities of coping with OSIs shall be
carried out at 3 levels: grassroots, regional and national.
a/ Grassroots level:
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- In cases where an establishment’s potential
and capability are limited, it shall have to enter into contracts with other
establishments in the same locality or with the regional OSI-coping center for
supports in coping with OSI when it occurs at its place.
b/ Regional level:
In each OSI-coping region, a regional OSI-coping
center (hereinafter referred to as regional center for short) shall be
organized.
- The regional centers shall be organized and
operate under the statute of public-utility State enterprises, have
professional forces acting as core units fully qualified and ready to perform
the task of coping with OSIs of degree II or higher within their assigned
regions.
- On the basis of general evaluation of the
practical situation and the demands for manpower, facilities, equipment and
supplies for OSI-coping activities in each region, the State shall additionally
invest in the regional centers, in order to make them capable of performing the
task of coping with OSIs within their assigned regions.
- The regional centers shall submit to the State
management by the managing ministries and branches. The National Committee for
Search and Rescue shall directly instruct the regional centers in the domain of
coping with OSIs.
From now till 2004, to concentrate efforts on
building and putting into operation two centers in the Central and Southern
regions. On the basis of experience drawn from operation of these two centers,
the National Committee for Search and Rescue shall propose plan for building
the Northern Center, thus ensuring that by 2010, the whole country shall have
three regional OSI-coping centers in operation.
c/ National level:
- In cases where an OSI occurs beyond the coping
capability of a regional center, the National Committee for Search and Rescue
shall mobilize forces of other regional centers, the ministries, branches,
localities, organizations and individuals for coordinated OSI-coping
activities.
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4. Facilities and equipment for coping with OSIs
a/ At establishments:
Establishments shall furnish themselves with
means, facilities and equipment so as to be able to cope with OSIs of a certain
degree, which may occur at their establishments under the provisions of this
plan.
b/ At the regional centers:
The regional centers must have the following
essential facilities, equipment, means and supplies:
- Technical and information and communication
facilities and equipment in service of administration of the centers’
operations.
- Special-use ship fleets, speedboats, buoys of
all kinds, dispersers and devices and equipment for containing oil, pumping,
sucking and spraying dispersers and gathering oil; system of treating oil
dregs...
- Protective equipment, devices and outfits for
persons engaged in coping activities.
c/ At the steering and administering agencies:
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5. Finance for implementation of the national
plan on coping with OSIs
a/ For the production and business
establishments:
Establishments shall self-finance the
implementation of their own plans on coping with OSIs.
b/ For the regional centers:
Operations of the regional OSI-coping centers
shall be financed by the following sources:
- The State budget allocations to the regional
centers for addition to initial investment, and for a number of regular
OSI-coping activities, which shall be considered according to the Government’s
Decree No.56/CP of October 2, 1996 on public-utility State enterprises and the
Prime Minister’s Decision No.215/1999/QD-TTg of November 3, 1999 promulgating
the provisional Regulation on financial management applicable to search and
rescue activities.
- Other lawful funding sources.
The regional centers shall proceed to work out
their business plans to cover by themselves funding for their operation and
implementation of their plans on coping with OSIs.
c/ For the steering and administering agencies:
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Article 2.- Organization of
implementation of the national plan on coping with OSIs
1. The National Committee for Search and Rescue:
The National Committee for Search and Rescue,
acting as the agency taking the prime charge and command and organizing the
implementation of the national plan on coping with OSIs, shall have to:
a/ Elaborate the regulation on OSI-coping
activities nationwide and build the implementation-organizing system, thus
ensuring that from 2002-2003 onward the OSI coping activities shall be
administered under the regulation by a uniformly organized system throughout
the country.
b/ Assume the prime responsibility for
community-based propagation and education, raising of citizens’ sense of
responsibility, mobilization and organization of people to participate in activities
of preventing and coping with OSIs, with a view to socializing the task of
preventing and coping with OSIs.
c/ Direct, mobilize, command and coordinate
forces taking part in coping with OSIs.
d/ Assume the prime responsibility and
coordinate with the Ministry of Science, Technology and Environment and the
concerned ministries and branches in synthesizing and submitting to the Prime
Minister annual plans and five-year plans, first of all the plan on coping with
OSIs in 2001-2005 period, organize the implementation thereof as soon as such
plans are approved at the regions, ministries, branches, provinces and
centrally-run cities, and regularly guide, urge and supervise the
implementation of the plans according to the current regulations.
e/ Direct the investigation and verification of
big OSIs, propose to the Prime Minister and the concerned agencies measures to
prevent and/or minimize the damage caused by OSIs.
f/ Organize and direct annual drills in coping
with OSIs, provide professional training courses to the forces engaged in
coping with OSIs.
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h/ Draw up the list of documents on
international relations in coping with OSIs, then propose it to the concerned
State management agencies for promulgation according to their competence, thus
ensuring that by 2003 our country shall have sufficient legal documents to
serve as legal bases for OSI-coping organizations at home and abroad to
coordinate with one another in coping with OSIs in Vietnam.
2. The Ministry of Science, Technology and
Environment shall have to:
a/ Propose to the Government and the Prime
Minister for promulgation or promulgate according to its own competence
policies and legal documents in the domain of overcoming OSI consequences
caused to the environment; elaborate and organize the implementation of the
2001-2005 five-year plan on the promulgation of these documents.
b/ Guide the ministries, branches and localities
in evaluating and determining damage and overcoming consequence being the
environmental degradation caused by OSIs.
c/ Organize and support the National Committee
for Search and Rescue in conducting scientific research in the domain of coping
with OSIs.
d/ Inspect, examine and handle violations,
settle disputes, complaints and denunciations according to its competence.
3. The Ministry of Defense shall have to:
a/ Elaborate and organize the implementation of
plans on fast deployment of the army’s forces and means to take part in the
coordinated OSI-coping activities at the request of the National Committee for
Search and Rescue.
b/ Establish the OSI-coping center of the
Central Vietnam in the rescue system of the Ministry of Defense. The Ministry
of Defense shall assume the prime responsibility and coordinate with the
National Committee for Search and Rescue, the Ministry of Planning and
Investment, the Ministry of Finance and other concerned agencies in prescribing
the OSI-coping task of Central Vietnam�s
center, furnishing facilities and equipment, and training primary necessary
personnel of the center, so that the center can be ready for its task in
2002-2004 period.
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a/ Elaborate and organize the implementation of
plans on fast deployment of the oil and gas sector�s forces and means to take part in the
coordinated coping of OSIs at the request of the National Committee for Search
and Rescue.
b/ Establish the OSI-coping center of the
Southern region in the emergency system under the Vietnam Oil and Gas
Corporation. The Vietnam Oil and Gas Corporation shall assume the prime
responsibility and coordinate with the National Committee for Search and
Rescue, the Ministry of Planning and Investment, the Ministry of Finance and
other concerned agencies in prescribing the OSI-coping task of the Southern
region’s center, furnishing facilities and equipment, and training primary
necessary personnel of the center, so that the center can be ready for its task
in 2002-2004 period.
5. The concerned ministries and branches shall
have to:
a/ Direct and inspect organizations and
production and business establishments under their respective management, which
are likely to cause OSIs, in working out plans and organizing the coping of
OSIs according to the provisions of this Decision.
b/ Mobilize forces and means under their
respective management for the coping of OSIs at the request of the National
Committee for Search and Rescue.
6. The People’s Committees of the provinces and
centrally-run cities shall have to:
a/ Provinces and centrally-run cities, with
establishments likely to cause OSIs shall have to elaborate and organize the
implementation of their own plans on coping with OSIs on the basis of
mobilizing forces, means, facilities and equipment for coping with OSIs from
establishments attached to the State agencies, organizations and individuals
located in the localities under their respective management.
b/ Direct and inspect organizations and
production and business establishments under their respective management, which
are likely to cause OSIs, in working out plans on coping with OSIs and
organizing the implementation thereof according to the provisions of this
Decision.
c/ Create conditions for and coordinate with the
forces of the ministries, branches and other localities in monitoring and
supervising OSIs, and at the same time direct the coping activities when OSIs
occur in their localities.
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Article 4.- The Chairman of
the National Committee for Search and Rescue, the ministers, the heads of the ministerial-level
agencies, the heads of the agencies attached to the Government and the
presidents of the People’s Committees of the provinces and centrally-run cities
shall have to implement this Decision.
PRIME MINISTER
Phan Van Khai