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The Decree 95/2010/nd-Cp: Rules On Licensing And Coordinating Activities With The Search, Rescue Forces Abroad In Vietnam

Original Language Title: Nghị định 95/2010/NĐ-CP: Quy định về cấp phép và phối hợp hoạt động với lực lượng tìm kiếm, cứu nạn nước ngoài tại Việt Nam

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Pursuant to the law on organization of the Government of 25 December 2001;

Pursuant to the law on defence 14 June 2005;

The Vietnam maritime law base on June 14, 2005;

Pursuant to the law of civil aviation Vietnam on July 29, 2006;

Considering the recommendation of the Minister of national defence, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope of this Decree stipulates the principles, conditions, the licensing process for the search, rescue forces in Vietnam; the responsibility of agencies, units, organizations, individuals in the licensing and coordinating activities with the search, rescue forces abroad to join the search, rescue, emergency situations occurring in the disaster caused by a natural disaster, the problem on the territory of the Socialist Republic of Vietnam or the search rescue, due to Vietnam.

Article 2. The object of this Decree apply apply to agencies, units, organizations and individuals (hereinafter referred to as the organization or individual) Vietnam and foreign individuals, organizations related to licensing and coordinating activities with the search, rescue forces abroad on the territory of the Socialist Republic of Vietnam.

Article 3. Applicable law 1. In the case of international treaties to which the Socialist Republic of Vietnam is a member otherwise with this Decree shall apply to the provisions of international treaties.

2. The provisions of this Decree do not affect the obligation and responsibility of people, ships, offshore boats are operating on the waters of Vietnam, active aircraft in the sky and the notification by Vietnam Vietnam managed to join the search, rescue under the provisions of the law of Vietnam and the international treaties to which the Socialist Republic Vietnam is a member.

Article 4. Explanation of terms In this Decree, the terms below are interpreted as follows: 1. The license is the competent agency level, allowing the force, means of finding, foreign rescue is to rescue, search activity on the territory of the Socialist Republic of Vietnam, or search and rescue region due to Vietnam.

2. Emergency situations require, search and rescue forces abroad to join the search, rescue disaster situations is due to natural disasters, incidents on the territory of Vietnam should adopt measures to search and rescue, but exceeds the ability of the force to search , in the water.

3. The search area, rescue of Vietnam's territory, including the waters of the jurisdiction, the right to sovereignty of Socialist Republic of Vietnam and the search area, rescue by Vietnam.

4. the Commander of the force, search and rescue abroad is the competent authority of the country, the Organization has the force, means of search, the rescue was in operation in Vietnam assigned to coordinate activities with the search, rescue forces and the competent authorities of Vietnam.

5. The facility provides air traffic services facility is providing these services include: Executive services, notification services, air traffic advisory services and alarm services.

Article 5. Responsible agency chaired the search operation, the rescue agency responsibility chaired the search, rescue operation specified as follows: 1. The National Committee for search and rescue force mobilization, chaired the media ministries, local coordinating search, rescue in emergency situations there are foreign forces joined the search , and rescue.

2. The Department of Defense, to coordinate the search operation, the Rescue Department banned military area; military ships, military aircraft.

3. The Ministry of public security, collaboration, search and rescue operations in the area, an important area of security or ship, the ship served security purposes.

4. The facility provides air traffic services, co-ordinate the search, rescue and civil aircraft in jeopardy, forestry accidents in accordance with the law of Vietnam civil aviation.

5. The Center coordinating search, rescue Vietnam presided, coordinate search, rescue and search region of Vietnam, rescue by Vietnam.

6. the people's committees of provinces and cities under central force mobilization Chairman, local media, perform a search, the rescue by the area managers, in collaboration with foreign media, under the direction of the National Commission for search and rescue.

Chapter II principles, CONDITIONS, sequence and the AGENCY CHAIRED LICENSED article 6. Licensing principles 1. On the basis of respect for independence, sovereignty, territorial integrity of Vietnam; consistent with the provisions of the law of Vietnam and the international treaties to which the Socialist Republic of Vietnam is a member.

2. Timely, urgently.

3. Priorities and create favorable conditions for the process of entering, exiting.

4. Specify the conditions, limitations of time, space, the area was allowed to search, rescue operations on the territory of Vietnam.

Article 7. License conditions, search and rescue forces abroad is licensed to join the search, in the territory of Vietnam when the following conditions: 1. At the request of Vietnam or suggested by countries, international organizations will take the force, means of search, rescue to join search engine , in search and rescue region of Vietnam.

2. the search forces, foreign rescue must have sufficient capacity and facilities, consistent with the nature of search, rescue situations.

3. Compliance with the law of Vietnam and relevant international law.

4. the licensing authority has the right to refuse or cancel the license if the search forces, foreign rescue does not have enough of the conditions stated in paragraph 1, 2, 3 of this or other matters related to the security, defence, health.

Article 8. The order required or approved the search, rescue forces abroad to join search and rescue 1. The ministries under the State management functions when emergency situations occur should force requirements search, rescue or search, rescue forces abroad have suggested to participate in search and rescue, to propose shortly to the National Committee for search and rescue.

2. content of proposals including: a) countries, the international organizations should require national or international organization, has suggested putting the force, means of search, rescue in Vietnam combat search, rescue;

b) scope of the space, the time expected that search and rescue force foreign operations, search and rescue;

c) forces, facilities and areas where the search, rescue forces abroad can participate;

3. The National Committee for search and rescue the Prime Minister reports about proposals of the ministries and the Prime Minister's comments to the Foreign Ministry, the ministries concerned to coordinate implementation.

Article 9. The licensing agency of the Ministry of Defense hosted the license in the following cases: a) boat foreign military to join the search, rescue of Vietnam.

b) military aircraft, unmanned aircraft abroad to join the search, rescue, on the Mainland, the notification of flight or by the Vietnam Vietnam took charge;

c) search means, foreign rescue into the area, the limited area of operations on the sea; aircraft landing, taking off at a military airport; flying into restricted areas, dangerous areas.

2. Ministry of transportation presided over the license in the following cases: a) the media search, the rescue of foreign countries do not belong to the scope defined in paragraph 1 of this article on coordinating search, rescue in the territorial waters, ports and maritime area of Vietnam;

b) foreign flights conducted flight operations, search and rescue; relief in Vietnam not under the scope of the provisions in paragraph 1 of this article, except for the special flight carrying invited guests of the party and State;

c) forces, search and rescue, means not in the range specified in paragraph 1 of this article by road, rail, waterways in search, rescue in Vietnam.

3. Prime the licensing decision for the media, foreign rescue search engine run by nuclear energy, transport of radioactive material.

4. The order and procedure; the contents, forms of licensing documents for the force, the media search, foreign rescue operations, search and rescue in Vietnam due to the ministries, the Agency chaired the license specified, in accordance with the current legislation.

Article 10. Co-ordination in the licensing 1. The Foreign Ministry a) receiving proposals of the country, the international organization of work for the force, means of search, rescue in Vietnam to join the search, rescue, moved the competent agency licensing procedures;

b) inform national, international organizations have the force, means the proposal on the attend search, rescue in Vietnam about the licensing decision.

2. The Department of Defense a) license means the jurisdiction under the provisions of paragraph 1 of article 9 of this Decree;

b) announce decision to grant permission to the Ministry of public security, Ministry of Foreign Affairs, the ministries, relevant local know, coordination;

c) announce decision to grant permission to the National Committee for search and rescue coordination and direction;

d) participated commenting to the ministries concerned made responsible for chairing the license prescribed in article 9 of this Decree.

3. The Ministry of transport of a) licensed to search vehicles, foreign rescue joined the search and rescue, as defined in paragraph 2 of article 9 of this Decree, when was the unity of the Ministry of defence;

b) announce decision to grant permission to the Foreign Ministry, the Ministry of defence, the Ministry of public security, the ministries, relevant local know, coordination;

c) announce decision to grant permission to the National Committee for search and rescue coordination and direction.

4. The Ministry of public security to coordinate in granting immigration visas, exit under the provisions of the law for foreigners to join the search, rescue by means of search, rescue agencies chaired the license stipulated in article 5 and article 9 of this Decree.

5. The Ministry of information and communication


Make the licensed use frequency and radio broadcast equipment for search and rescue, force foreign operations, search and rescue in Vietnam.

6. The National Committee for search and rescue joined the opinion to the ministries concerned made responsible for chairing the license prescribed in article 9 of this Decree.

7. The ministries are related by function, are responsible for timely co-ordination in the licensing for the force, foreign media to perform the search, rescue in Vietnam.

Chapter III request, the CONTENT in the COORDINATION BETWEEN the FORCES, SEARCH and RESCUE with the SEARCH, RESCUE FORCES ABROAD article 11. Requires active collaboration in search, in the search operation, coordinated the rescue with search, foreign rescue units, agencies must implement the following requirements: 1. Proactive projects, prepared for the media, force preparedness according to each area , the nature of the incident and the situation must be coordinated with the force, the media search, foreign rescue.

2. organizations collect, process information report accident timely, ensure priority information for preparedness, timely reports to the authority.

3. Unified command, coordinated, coherent synergistic force, search, and rescue vehicles in the country with search and rescue forces overseas when there are situations.

4. Ensure the requirement for defence, security and safety of marine operations, aviation.

Article 12. Coordination in the search operation, rescue 1. Case no aircraft to join the search, rescue coordination centre a) search, Vietnam's sea rescue coordinated clue in search, rescue, notice requirements, specific conditions prescribed by the law of Vietnam and remedies, how to coordinate with the forces media, search, foreign rescue when operating on the waters of Vietnam;

b) forces, search and rescue, means foreign operations search, rescue Vietnam responsible for information, timely reporting according to the content requirements of the competent agency of Vietnam; the task of searching, rescue under the general coordination of search and rescue, command in Vietnam and the competent authorities of Vietnam.

2. in case of foreign aircraft have joined the search, rescue a) National Committee in search and Rescue Coordination Center Director search, Vietnam sea rescue plan and identify the area of the search, flew to the base to provide air traffic services and announced plans for the Center for national operations manager;

b) command of the foreign aircraft joined the search and rescue, must immediately notify the results of search, observation aircraft on the basis of providing air traffic services, the facility provides search services, aviation and rescue coordination centre search, rescue Vietnam;

c) command search, rescue aircraft have joined the search by field commanders, rescue missions;

d) the search forces, must coordinate with the Rescue Coordination Center search, rescue Vietnam to synergistic plans between media, search and rescue and maritime aviation.

Article 13. Coordinate search, rescue the Mainland 1. The absence of foreign aircraft joined the search, rescue a) Ban command, search and rescue scene is focal point in collaboration with search, rescue forces abroad, is responsible for regulating the measure, search and rescue operations;

b) Committee the province of the central cities, chaired in the use of force, local media join forces to coordinate with the media looking on, foreign rescue under the direction of the Steering Committee, search and rescue;

c) forces, search and rescue, means foreign operations on the territory of Vietnam is responsible for information, timely reporting according to the content requirements of the competent agency of Vietnam; the task of searching, rescue under the general coordination of search and rescue, commanders at the scene.

2. in case of foreign aircraft have joined the search, rescue a) National Committee for search and rescue, in coordination with the ministries concerned determines the area of the search aircraft, directing the Center operating management planning national airport fly search and coordination with base provides air traffic services to coordinate with bay search , foreign rescue in flight operations, search and rescue on the territory of Vietnam;

b) Central Executive management timely notice national airport about the terrain, the weather, the factors affecting flight operations for search, rescue forces abroad to perform search and rescue, airport;

c) command the aircraft to join the search, the rescue by the field commanders in the leadership field rescue, search Commander, through the Executive authority and air traffic control;

d) command of the foreign aircraft joined the search, rescue must timely inform the result of search, observation aircraft on the basis of providing air traffic services, the facility provides search services, aviation and rescue the National Commission for search and rescue.

Article 14. Coordination in management, inspection 1. The Defense Department directed the forces to function in the right to perform the monitoring, inspection and control of the force, the media search, foreign rescue during search operations, rescue under the license granted.

2. The Department of transportation directed the forces to function in the right to perform the monitoring, inspection and control of the force, means of finding foreign rescue, according to the license granted.

3. The Ministry of public security, the Ministry of health, the Ministry of finance and the ministries involved have the duty to check, control force, search vehicles, foreign rescue operations in Vietnam, according to the functions of the ministries themselves.

Article 15. Responsible for coordination of the forces looking for foreign rescue forces, search, foreign rescue when the search operation, the rescue in Vietnam have the responsibility: 1. Specify the search Commander, his rescue in Vietnam and inform the competent organs seeking rescue, Vietnam, to manage and perform a search , in operation until the end;

2. Observance of the General Coordinator of the Vietnam scene commander, made the provisions of the law of Vietnam and the competent authorities of Vietnam;

3. Subject to the inspection, control, monitoring of the Vietnam authorities; at the same time are responsible for promptly reporting information content, the request of the competent authorities of Vietnam;

4. Raw materials, materials and goods of relief, emergency aid brought into Vietnam to be examined, the examiner; the serving under the general coordination of the competent authorities of Vietnam.

Chapter IV RESPONSIBILITY of ministries, sectors and LOCALITIES to COORDINATE the SEARCH, RESCUE OPERATIONS with FOREIGN FORCES, article 16. The National Committee for search and rescue 1. Hosted, in cooperation with the ministries: Defense, transportation, Foreign Affairs, the ministries involved in the licensing and coordinating activities with the force, means of finding foreign rescue, on the territory of Vietnam.

2. in case of need to give the force, means of Vietnam conducted search, rescue in the shared border with another country, the overlap has not been settled, the National Committee for search and rescue, in coordination with the Foreign Ministry and the ministries involved suggest that national coordination to timely search engine , and rescue.

3. General Government reports on activity in collaboration with the force, foreign media joined the search, rescue the territory of Vietnam or the search area, rescue by Vietnam.

Article 17. The Ministry of defence 1. Chaired the license as specified in paragraph 1 of article 9 of this Decree, the Agency, in collaboration with the army unit the unit is responsible for chairing the search, rescue and search vehicles, forces, foreign rescue to work together when there are situations.

2. Engage with the Agency chaired licensed under the provisions of article 9 of this decree made the licensing and coordinating activities with the force, the media search, foreign rescue operations on the territory of Vietnam.

3. Build options that combine the use of force, the military's vehicles in the mission with the inspection, control when the force, means of finding, foreign rescue operations on the territory of Vietnam.

4. Mobilization of the media, the military forces to join the search, rescue and coordination with the force, the media, foreign rescue search to perform a search, the rescue on the territory of Vietnam when there are situations, at the request of a National Committee for search and rescue.

Article 18. The Ministry of transportation 1. Chaired the license as specified in paragraph 2 of article 9 of this Decree and directed the coordination with the specialized agencies, the media, search and rescue of the foreign operations, search and rescue in Vietnam.

2. Publish the soup frequencies (channels), emergency information system of the coast of Vietnam, the method of communication with the Center and the stations to coordinate search, rescue, search for foreign rescue operations on the waters of Vietnam.

3. In collaboration with the National Committee for search and rescue, the provinces and cities under central Government build and deployment options that combine the use of force, the means of the seafarers, Aviation Ministry with the force, means of finding foreign rescue, when on the search activity rescue, in Vietnam.

4. The direction Of the Bureau of roads in Vietnam, the Vietnam railway Bureau, the Bureau of Vietnam inland waterways Guide and facilitate these forces, search and rescue, vehicles abroad in Vietnam through the gates.

Article 19. The Ministry of Foreign Affairs


1, in collaboration with the National Committee for search and rescue, the ministries concerned to do the diplomatic procedures upon the force, means of finding, foreign rescue operations, search and rescue in Vietnam.

2. Hosted, in cooperation with the ministries concerned to resolve diplomatic problems and the arising when the force, means of finding, foreign rescue operations in Vietnam under this Decree.

Article 20. The Ministry of public security 1. In coordination with the ministries concerned, in granting immigration visas, exit under the provisions of the law for foreigners in Vietnam by means of search and rescue, are the provisions of article 9 and article 10 of this Decree.

2. Build options that combine the use of force, the media in the water with the force, means of search, rescue joined the search, when the rescue occurred in the fields of disaster management of the Ministry of public security.

3. In coordination with other forces made the inspection, control, ensure security, social safety when force, foreign media participated in the search, rescue in Vietnam.

Article 21. The Ministry of Finance made the customs procedures regarding entry, exit for the media search, foreign rescue operations, search and rescue in Vietnam according to the principles specified in article 6 of this Decree.

Article 22. The Ministry of Health implemented a medical quarantine for people, equipment, material, goods of foreign forces entering Vietnam conducted search, rescue, relief under the law.

Article 23. The Ministry of information and media chaired the licensing and determine the frequency, power to ensure no interference and electromagnetic compatibility of can for the equipment and radio equipment system we have of Vietnam, according to the provisions of Decree No. 187/2007/ND-CP on December 25, 2007 on the Government's function duties, powers and organizational structure of the Ministry of information and communication.

Article 24. The ministries concerned 1. In collaboration with the ministries involved in licensing and participate, coordinating search, rescue the territory of Vietnam when the force, means of finding, foreign rescue operations.

2. Directs the agencies, units of ministries active in your local media, forces are likely to join the search, the Rescue Committee report search and rescue national, to put into mobilizing projects when situations have the force, means of finding, foreign rescue involved.

3. Build options that combine the use of force, the media in the water with the force, means of search, rescue joined the search, the rescue when disaster occurred in the field of management by the ministries.

Article 25. The people's committees of provinces and cities under central 1. Construction scheme of mobilizing forces, local media, of the agencies, the Central Organization of local activities in coordination with the force, means of finding foreign rescue, join in search and rescue management.

2. Hosted, in cooperation with the agencies, the Central Organization for local participation and coordination with the force, means of finding foreign rescue, search and rescue operations in the area of management.

3. Directs the functions of local forces in coordination with the ministries concerned to do the procedure, test, control and participation to coordinate search, rescue when there are forces, search and rescue, means foreign operations in management.

Chapter V PROVISIONS Enacted 26. Effective enforcement of this Decree in effect enforced since November 1, 2010. The previous provisions contrary to this Decree are repealed.

Article 27. Responsible for enforcement of the Defense Ministry, the ministries, the people's committees of provinces and cities under central, agencies, organizations and individuals are responsible for development, implementation of this Decree.