The DECISION of the PRIME MINISTER issued the regulations respond to the spill FROM the PRIME MINISTER pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law on environment protection 27 December 1993;
Pursuant to Decree No. 175/CP dated 18 October 1994 the Government passed the law on protection of the environment;
To implement the national plan to respond to the spill the period 2001-2010;
The Commission's proposal to the national search and rescue, DECIDES: 1. Attached to this decision of operations regulation responding to the spill.
Article 2. This decision has the effect after 15 days from the date The report.
Article 3. The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the people's committees of provinces and cities under central and the Organization, individuals responsible for the implementation of this decision.
Active REGULATION oil spill response (attached to decision No 106/2005/QD-TTg dated 12 May 2005 from the Prime Minister's) chapter I GENERAL PROVISIONS article 1. Scope and objects 1. This Statute regulates the content of activities, the responsibilities of organizations and individuals in the response, remedial oil spills on nationwide.
2. Organizations and individuals in the country, foreign countries directly or indirectly caused the oil spill on the territory, exclusive economic zone, the continental shelf of the Socialist Republic of Vietnam to implement this regulation. The case of the International Convention of the Socialist Republic of Vietnam signed or joined other provisions shall apply under international treaties.
Article 2. Explanation of terms In this regulation, the terms below are interpreted as follows: 1. "oil and oil products" include: a): crude oil is the oil from the oil fields exploited unprocessed.
b) finished products: Oil is the essential oil was over processed like gasoline, kerosene, oil, aircraft oil dieseel (by), mazut (FO) and lubricating oils, preserved, other cooling.
c) Miscellaneous: waste oil, water from the ship's activity soup a la sea, river boat, floating works or from animals, laundering of ship repair.
"Oil" in this regulation means all of the above types.
2. "oil spill" is the phenomenon of oils from various means of escaping the natural environment due to technical problems, natural disasters or human caused uncontrolled.
3. "oil spill response": is the use of the force, means, equipment to handle the timeliness, eliminate or minimize oil spill into the environment.
4. "overcoming the consequences of the oil spill": is the activity aimed to clean up the land, water, ecosystems areas contaminated oil and damage limitation measures, environment, environmental recovery following the spill.
5. "the basis": is the Agency, unit, individual vehicles, the equipment cause or risk causing the spill.
6. "home base": is the head of the agency or unit, comprehensive responsibility for the operation of the facility.
7. "field commander": who is assigned or assigned directly command all preparedness at the site of the spill. Powers and responsibilities of the field commanders are specified in local oil spill response projects of each facility, the local unit.
8. "the oil spill is especially serious": is the oil spill happen with large volume, oil spill out on the wide, involving much of the province, city or area of danger, serious threats to life, property, the environment and the life of the people.
9. "priority areas" protection: is the residential focus area; domestic water supply points and production; historic point rated; Resorts, eco; biosphere reserves; aquaculture area of focus.
CHAPTER II ORGANIZATION of OIL SPILL RESPONSE article 3. Information and information processing in oil spill response 1. Information and receiving information of organizations and individuals; the basis for the spill occurs or detect the spill is responsible for timely reporting to one of the following bodies: a) nearest port;
b) permanent agency search and rescue of ministries, sectors and localities concerned;
c) Department of natural resources and the environment;
d) Center for oil spill response area;
DD) provincial people's Committee.
In addition to clues on when oil spill occurs or to detect oil spills can information to any contacts would like: the coastal information, the people's Committee of the district (districts, towns and cities in the province); the Navy, marine police, border police, waterway transportation.
2. Information processing: a) after receiving information about the oil spill, the responsible agency referred to in paragraph 1 of this article must have the right response measures according to ability, and must promptly report, staff help provincial people's Committee, the Center for oil spill response area National committees, search and rescue to steer, coordinated response.
b) provides timely, accurate information to the Agency, the unit and the people in the affected region actively prevent and attend remedial.
Article 4. Decentralized oil spill response based on the severity of the spill, the Organization, done deal is conducted in 3 levels: 1. Level:

a) oil spill occurred in the facility: home base to organize, commanding, vehicles, equipment or forces, means, equipment in the contract the spill response to implement timely response.
b) where spills beyond the ability, resources insufficient premises, facilities must respond promptly to report the governing body, the provincial people's Committee. Home base of the oil spill is responsible for field commanders.
c) In the event of a serious oil spills or the oil spill occurred in the area need priority protection, timely response to the heads of agencies are responsible for keeping the field commander is allowed to mobilize the forces and means necessary to respond immediately at the same time report the provincial people's Committee where the spill occurred and the National Committee for search and rescue to directing, coordinating the response.
2. Regional Level: a) the spill happened beyond the base's response or oil spills occurred not in the direct responsibility of the facility, such as the case of natural disasters, the issue of va, crashing vehicles, due to oil from elsewhere, then drift to the Chairman of the provincial people's Committee where the spill occurred has presided over direct responsibility or specify the field commanders to organize savings according to the local plan, at the same time allowed the emergency mobilization of resources needed by the facility, the ministries on the area, the Center's response to the spill area to respond.
b) clue chaired help people Committee Chairman granted the Organization the spill response is the leadership to fight floods, storms and the provincial search and rescue.
3. National level a) where the spill occurred is particularly serious, the provincial people's Committee where the oil spill occurred in time to report to the National Committee for search and rescue, directed in collaboration with related agencies organized response.
b) case of oil spills in excess of readiness of the forces in the country, the National Committee for search and rescue recommendations the prime consideration, decide to request international assistance.
In the process of organizing oil spill response in the above level, field commanders are actively processing, timely reporting the happenings of the incident, recommending the necessary recommendations to the authorized and responsible with his decision.
Article 5. Respond in the event of oil spills on the coast 20 km 1. The spill occurred on the coast 20 km, the Organization of the response, the Commander on the scene by responding to the spill area responsible. Vietnam oil and gas Corporation is responsible for the oil spill response scale level occurs in the area of drilling, exploration, oil and gas extraction, if the spill beyond the ability to manually respond to reports the Center responding to the spill area.
2. The spill occurred on an extension, beyond the likely response center's response to the spill area, the National Committee for search and rescue is responsible for the direction, force, vehicles, equipment, to respond.
Article 6. Oil spill response combined fire prevention, blast oil spill response, especially for the oil light, high fire risk, oil spills occur close to shore, in the River, on the Mainland, are downright note coordinated projects, organization of the force means of ensuring the prevention of fire, explosion and evacuated the people out of the danger zone.
CHAPTER III ADDRESSED the CONSEQUENCES of the OIL SPILL article 7. Evaluate, determine damages and compensation of damage 1. The spill occurred in a province by the provincial people's Committee chaired, in cooperation with relevant agencies and owners caused the oil spill made the assessment, determine the damages and compensation for damages.
2. Oil spills particularly severe National Committee, search and rescue, in collaboration with the Ministry of natural resources and the environment, the provincial people's Committee, related agencies and owners caused the oil spill made the assessment, determine the damage and required home base compensation for damage; special cases, the establishment of State-level appraisal Council, reported the prime consideration, decision.
3. Funding to resolve the compensation paid by the Insurance Agency (if insured) and from the financial resources of the owners caused the spill.
4. The compensation of damage include: computer networks, human health; the property of the State and people; destroy resources, environment, environment; force, means, equipment for oil spill response; survey, evaluate, determine damages; solving the compensation procedures and remedial.
5. Home Base causing the oil spill if has signed a contract with the oil spill response businesses provide services or oil spill response center to deal with the oil spill area have to pay under the contract.

6. The settlement compensation need to proceed urgently, tight, can hire counsel of professional bodies, including the international consultation in case the Party caused the oil spill is a foreign entity. Where necessary, the provincial people's Committee where the spill occurred, the National Committee for search and rescue can coordinate, direct the Agency to apply the measures prescribed by law to tackle the consequences, damages the spill.
7. The ministries, provincial people's Committee, agency, owner of home base is responsible for directing litigants is causing the oil spill made full, timely compensation responsibility in accordance with the provisions of the law.
CHAPTER IV RESPONSIBILITIES of ORGANIZATIONS and individuals with REGARD to the OIL SPILL article 8. The responsibility of the base 1. The construction plan of the spill, the authority for approval. Proceed to the signing of the agreement, the contract with the oil spill response agencies, the appropriate unit.
2. Responsible for the oil spill caused by his base; the initiative, actively mobilize resources, self organization, command prompt, efficient response when the spill occurred.
4. Be responsible in damages when it caused the spill, according to the provisions of article 7 of this regulation.
5. The facilities, the equipment likely to cause oil spills, required to join the insurance of environmental pollution corresponds with the risk of causing oil spills.
6. The ship under regulation 26, annex I to the International Convention on the prevention of pollution caused by ships that Vietnam is the Member countries involved must have oil pollution response plans are approved by the authority.
Article 9. The responsibility of the province people's Committee, the central cities (known collectively as the province level) 1. Chairman of the provincial people's Committee is responsible for organizing the response to the spill as stipulated in article 4 of this regulation.
2. The local level the risk high oil spill occurs, particularly inshore localities have the major river, major ports, have watershed inventory system, industrial area, petroleum filter must build plan of local oil spill, the National Committee for search and rescue approved.
3. provincial people's Committee has the responsibility to approve plans to respond to the spill of the base on the province; directing the investigation, evaluation, identify the damage, complete legal records, required home base causing the oil spill damages.
4. Promptly reported the spill occurs on the management; six-month and annual reports, the results of the planned oil spill response of the local National Committee for search and rescue.
Article 10. The responsibility of the National Committee for search and rescue 1. Presiding over the direction, implementation of the national plan to respond to the spill on nationwide.
2. Building Guide plans oil spill response; hosted, in cooperation with the Ministry of natural resources and the environment, the ministries involved, approving evaluation plans oil spill response of the provincial people's Committee and the Center for oil spill response area; test, urging the organizations make.
3. Direction and mobilization of forces and means of the ministries, the center of the spill response, the local area to oil spill response occurs according to the hierarchy defined in article 4 of this regulation.
4. Directing the Organization of training, professional training, professional oil spill response for the dedicated core force, professional selling, part-time; organize the rehearsal, synergistic, and coordinate the forces; advocacy, community education, common knowledge about the risk of hazards, oil spills to proactively prevent, HIV.
5. Directs the investigation, verification of the spill when the proposals of ministries, local, home base, or requirements of the competent authority; recommendations to the Prime Minister and the relevant State bodies about measures preventing, limiting to the minimum the losses caused by the spill occurs.
6. In coordination with the competent authorities of the countries concerned to handle the oil spill occurred on adjacent waters or waters with neighboring countries, reported the Prime case of exceeding authority.
Article 11. The ministries concerned 1. Functional construction, issued legal documents about the deal, overcome the consequences of the spill and implementation guides; approval of the plan of the oil spill response entities; in collaboration with the local implementation of the examination regulations for the home base to prevent, minimize the possibility of oil spills; secure mode, policy, benefits for organizations and individuals to participate in oil spill response under the provisions of the law.
2. Make the direction of the National Committee for search and rescue in the implementation of the national plan of oil spill response; timely reporting of oil spills occur in The scope, management; annual report on the situation, the results of the implementation of the national plan to respond to the spill to the National Committee on search and rescue.
Article 12. The Center's responsibility to respond to the spill area

1. Is the force dedicated to core, oil spill response on the assigned area; make oil spill response according to the hierarchy and contracts of oil spill response with the base; ready to maneuver the spill response on nationwide under the direction of the National Committee for search and rescue.
2. construction plan of the spill, the National Committee for search and rescue, assessment approval.
3. Promptly report when there are oil spills, the results made the task of responding to the spill to the National Committee on search and rescue.
Article 13. The responsibility of the organization other social-economic state of Vietnam to encourage and create favorable conditions for organizations and individuals in the country and abroad involved in investment in infrastructure, equipment and service oil spill response, environmental protection in Vietnam under the rule of law , make the mobilization of the National Committee for search and rescue, of the local people's Committee.
Chapter V article 14 ENFORCEMENT TERMS. Reward the Organization, had personal achievements in the implementation of the regulations oil spill response will be rewarded according to the General rules of the State.
Article 15. Processed in violation of the Organization, the individual does not make the liability provided for in this regulation, the custom properties, the extent of the violation will be disciplined, handling administrative violations or prejudice criminal liability under the law.
Article 16. Implementation of the National Committee for search and rescue, the ministries, the people's committees of provinces and cities under central, agencies, organizations, individuals are responsible for implementation, the implementation of this regulation.
In the process, National Committee of search and rescue in time suggest the need for additional problems, revisions to reports the prime consideration, decided to./.