Pursuant to the Ordinance on Organization of the Government of September 30, 1992;
Pursuant to the Ordinance on Prevention and Control of Floods and Storm of March 8, 1993;
At the proposal of the Minister of Agriculture and Rural Development;

Article 1: Floods, storms referred to in the Decree shall comprise: flashfloods, flooding, sea water rises, tropical depressions, tornadoes, landslides (caused by rain, storm, floods and sea waves).
Flooding caused by rain in the lowlands, tornadoes of levels lower than level 6, different types of monsoon are not subject to the regulations of this Decree.

Article 2: In this Decree technical terms shall have meanings ascribed to them hereunder:
1- Flooding is a phenomenon of abnormal rise in water level.
2- Flashflood is a phenomenon of an abnormal rise in water level and in the speed of river currents.
3- Storm is a phenomenon of a tropical depression occurring over the ocean with wind velocities between levels 8 and 11 (or 62 to 117 kilometres per hour).
4- Severe storm is a phenomenon of a tropical tornado occurring over the ocean with wind speeds at level 12 and higher (or 118 kilometres per hour and higher).
5- Tropical depression is a tornado occurring over the ocean with wind speed at level 6 or 7 (or 39 to 61 kilometres per hour).
6- Tornado is a whirlwind with speed velocities as high as in storms, that occurs and ends in a short period of time, and affects a small area of a few tens of kilometres.
7- Sea water rise is a phenomenon of rise in the level of sea water resulting in higher than normal tides as a result of either storms or other natural disasters.
8- Landslide is a phenomenon in which the natural land surface becomes unstable due to the effects of rain, flashfloods, a storm, or sea waves.
- Facilities used for prevention and control of floods and storms have the following functions:
- To withstand or control or reduce the effects of floods and storms.
- To serve the task of forecasting, warning, directing activities of prevention and control of floods and storms.
10- To provide infrastructure for the prevention and control of floods and storms reserved specially for field work, in the protected area and for any problems occurring to these projects that can damage infrastructure used for preventing, and controlling floods and storms.  

Article 3: The Government shall conduct appropriate state management activities for the prevention and control of floods and storms, as well as to overcome consequences of floods and storms in the whole country.
The Central Committee for Prevention and Control of Floods and Storms shall have a permanent office located at the Ministry of Agriculture and Rural Development, that shall be obliged to coordinate with related offices in conducting research, developing strategies, plans and programmes on prevention and control of floods and storms; it shall perform the function of a specialized inspection unit for the prevention and control of floods and storms and overcoming the consequences of floods and storms; it shall also stipulate measures to prevent and stop acts of violation to laws on dykes, prevention and control of floods and storms.

Article 4: The Chairperson of the Central Committee for Prevention and Control of Floods and Storms, assigned by the Prime Minister, shall have the following tasks:
1- To assist the Government carry out its task of managing, coordinating with related offices in performing state management of activities related to preventing, controlling floods and storms.
2- To process information related to decisions to issue warnings.
3- To monitor and promote the conduct of activities for preventing and controlling floods and storms.
4- To direct the work of preparation to deal with changes consequential to floods and storms.
5- To assess the situation, report losses and damages and propose to the Government measures to overcome consequences of floods and storms.
In Ho Chi Minh City, the Sub-committee for Prevention and Control of Floods and Storms shall assist the Chairperson of the Central Committee for Prevention and Control of Floods and Storms in managing the work of preventing, controlling and overcoming the consequences of floods and storms in the southern provinces.

Article 5: The Ministers, Heads of Offices at ministry level, Heads of offices under the Government, within the scope of their obligations and authority, shall set up annual and long-term plans for activities related to prevention and control of floods and storms inside their ministry, office; shall organize scientific research, application of scientific and technological innovations to the work of prevention and control of floods and storms, as well as overcoming their consequences; shall equip their professional and semi-professional forces with knowledge of means to prevent, control and overcome consequences of floods and storms; shall establish a committee for prevention and control of floods and storms inside their ministry, office; assign staff to specialize in assisting the Minister to promote and direct other units within the ministry in carrying out their tasks for prevention and control of floods and storms, as well as overcoming their consequences.

Article 6: The Chairperson of the People’s Committee of provinces, cities under the Central Government (hereunder referred to as Provincial People’s Committee) shall be obliged to conduct state management of activities for preventing and controlling floods and storms in their locality; to set up long-term and annual plans for prevention and control of floods and storms; to set up committees for prevention and control of floods and storms; to instruct, check and promote the performance of units, authorities, and people in their locality in carrying out measures to prevent, control and overcome consequences of floods and storms.
The Department of Agriculture and Rural Development shall be the permanent office of the provincial committee for prevention and control of floods and storms.

Article 7: Units in charge of state management of prevention and control of floods and storms shall be obliged to set up a network spreading from central to local level.
1- At central level:
The Department for Prevention and Control of Floods and Storms and Dyke Management shall be the permanent office that assists the Minister of Agriculture and Rural Development and the Chairperson of the Central Committee for Prevention and Control of Floods and Storms in conducting state management in the field and monitoring of activities related to prevention and control of floods and storms in the whole country.
The Department for Prevention and Control of Floods and Storms and Dyke Management shall have a sub-department located in Ho Chi Minh City that acts as a permanent office of the Sub-committee for the Central Committee for Prevention and Control of Floods and Storms in the southern provinces.
The tasks, authority and organization of the office of the Central Committee for Prevention and Control of Floods and Storms and the office of its Sub-committee shall be jointly regulated by the Minister of Agriculture and Rural Development and the Chairperson of the Central Committee for Prevention and Control of Floods and Storms.
2- At local level:
(a) At provincial level:
The Department of Agriculture and Rural Development shall be the permanent office of the Provincial Committee for Prevention and Control of Floods and Storms:
- In provinces that have dykes: the Department for Dyke Management of the Department of Agriculture and Rural Development shall be assigned to also function as the permanent office of the Provincial Committee for Prevention and Control of Floods and Storms, that shall assist the Provincial Committee for Prevention and Control of Floods and Storms in performing state management of activities concerning prevention and control of floods and storms in the locality.
- In provinces that do not have dykes: certain departments of the Department of Agriculture and Rural Development may be assigned to be the permanent office of the Provincial Committee for Prevention and Control of Floods and Storms, that shall conduct state management of activities concerning prevention and control of floods and storms in the locality.
The tasks, authority and organization of the office of the Provincial Committee for Prevention and Control of Floods and Storms shall be regulated by the Chairperson of the Provincial Committee for Prevention and Control of Floods and Storms.
(b) In districts, towns, cities under provincial control (hereafter referred to as districts): the Department of Agriculture and Rural Development shall act as the permanent office and advisor to the District Committee for Prevention and Control of Floods and Storms, and shall conduct state management of activities concerning prevention and control of floods and storms.
(c) In communes, wards, district townships, the People’s Committee of the same level shall assign its staff to be permanently in charge of the work of prevention and control of floods and storms.

Article 8: Each year, each level of authority, each sector shall have to complete their staff requirements for prevention and control of floods and storms; arrange and assign concrete tasks to each group for preventing, controlling and overcoming consequences of floods and storms.

In each project used for prevention and control of floods and storms; at each identified area, the management unit shall have to have plans for prevention and control of floods and storms approved, assign staff who are specialists or semi-specialists in solving project problems; clarify areas of responsibility within each group of workers when carrying out these plans. 

  Article 9: Prevention of floods and storms is regulated by Article 10 and Article 11 of the Ordinance on Prevention and Control of Floods and Storms. State authorities, economic organizations, social organizations, units of the people’s armed forces and citizens shall be obliged to have annual and long-term plans for prevention of floods and storms.
The People’s Committees at all levels shall coordinate with local organizations and groups in encouraging and instructing people on how to prepare for flood and storm prevention.

Article 10: Plans for prevention of floods and storms shall be subject to the following regulations:
1- Ministries, offices at ministry level, offices under the government shall have to have plans for preventing problems that may occur due to floods and storms to projects under their area of management; organize and monitor the preparation work for prevention of floods and storms in the localities, sectors under their jurisdiction and scope of authority.
2- The People’s Committee at all levels shall set up plans for prevention of floods and storms in the whole area, and for each key project in their locality.
Plans for prevention of floods and storms for key projects shall have to be approved by the Provincial People’s Committee.
3- Organizations, individuals shall have the obligation to make necessary preparations for prevention of floods and storms and also carry out tasks assigned by units in charge of state management of flood and storm prevention.

Article 11: To conduct activities for prevention of floods and storms as regulated by Article 10 and Article 11 of the Ordinance on Prevention and Control of Floods and Storms, ministries and sectors shall have the following tasks:
1- The Ministry of Agriculture and Rural Development shall have:
(a) To direct provinces in protecting, reinforcing and building dyke systems; to conduct management of dykes, to build flood and storm warning stations; to provide advanced techniques to units that are in charge of warning; to monitor and direct the implementation of directives issued by the Central Committee for Prevention and Control of Floods and Storms and direct the completion of a warning, steering system from central to local level; to direct sectors and localities in taking measures to protect dykes, reservoirs and facilities used for prevention and control of floods and storms.
(b) To promulgate regulations for prevention and control of floods and storms for each region; to urge ministries and sectors to meet safety conditions for flood and storm prevention when building projects under their ministry, sector.
(c) To issue documents guiding the management of investment for building and reinforcing dykes, and releasing flood waters, in accordance with the authority and obligations designed for dyke reinforcement and flood and storm prevention.
(d) To instruct the population of flood and storm prone areas on how to relocate residences, protect agricultural production, change crops and breeds, and set times for animal reproductive cycles so as to avoid the storm season in each region.
(e) To direct and promote the work of planting and protecting flood prevention forests, plantations and wave-resistant projects, projects that slow down flows, prevent sand-laden winds near rivers, streams and sea.
2- The General Department of Hydro-Meteorology shall be responsible for providing advanced technology to the communication system in the field, collecting information and making timely announcements, providing complete and accurate information needed for the planning flood and storm prevention and control activities, for weather forecasting, forecasting of flashfloods and storms on the global, regional and national levels; it shall also be responsible for providing the Central Committee for Prevention and Control of Floods and Storms with hourly information on the advancement of flood and storm systems when they occur at category 2 or higher.
3- The Department of Postal Services shall have to give priority to the communication network that serves prevention and control systems for floods and storms; to build up and strengthen the main communication networks that connect the central authorities with provinces, districts, islands and projects on the sea; to assure uninterrupted communication on these networks even when floods and storms occur; to announce maritime meteorological information in conformity with current maritime rules.
4- The Ministry of Fishery Products shall be responsible for directing, monitoring and inspecting the building of shelters for fishermen on the high seas when storms occur, monitoring the protection mechanisms for boats and ships at shelters and production and fishery farms.
5- The Ministry of Communication and Transportation shall be responsible for giving priority passage and assuring free traffic flows for vehicles engaged in rescue work on dykes and flood and storm control works; building and upgrading main roads that connect the seat of the Central Government with flood and storm prone provinces, or roads that are damaged by floods and storms; devising measures to protect ports, storehouses, cargo; and directing communication and transportation activities in flooded areas or areas threatened or affected by storms.
6- The Ministry of Construction shall be responsible for instructing, checking and promoting the observance of safety regulations stipulated for civil infrastructure projects, or industrial projects so that they are secure when floods and storms occur; instructing people on how to build, upgrade their houses so that losses and damage are controlled when flood and storms occur.
7- The Ministry of Industry shall be responsible for:
- Instructing, checking and steering the work of protecting reservoirs that are under its management; assuring that power plants, power networks operate safely when floods and storms occur.
- Organizing activities to prevent and control floods and storms to protect facilities under its management, especially factories that produce toxic chemicals, to prevent landslides and assure safety in mining tunnels.
8- The Oil and Gas Industry shall be responsible for preparations to prevent and control floods and storms and rises in sea water, in order to protect exploring and drilling facilities and other projects under its management.
9- The Ministry of Defense shall be responsible for organizing human resources and means for rescuing dykes, fighting floods and storms when required by the Committee for Prevention and Control of Floods and Storms; setting up plans for providing immediate rescue and relief for each identified area.
10- The Ministry of Education and Training shall be responsible for introducing in its education programmes common knowledge about flood and storms.
11- The Ministry of Culture and Information shall be responsible for planning and disseminating propaganda to help the people understand and participate in prevention and control of floods and storms and mitigate the extent of disasters.
12- The Ministry of Interior shall be responsible for coordinating with related authorities and sectors in setting up plans to protect key projects, to maintain security, law and order in flashflood and storm prone areas.
13- The Ministry of Health shall be responsible for building reserves of medicine, medical equipment; instructing and propagating the use of emergency techniques, prevention techniques for epidemics and diseases likely to break out after the occurrence of floods and storms.
14- The Ministry of Finance shall be responsible for managing and disbursing regular funds for the work of maintaining and reinforcing dykes, forecasting and warning people of floods and storms and overcoming consequences of floods and storms.
15- The Ministry of Planning and Investment shall be in charge of allocating a priority budget for construction of dykes, upgrading dykes, prevention and control of floods and storms.
16- Other ministries, sectors shall be responsible for contributing management services related to prevention of floods and storms, protection of storehouses, economic facilities under their management, in accordance with their functions.
17- The Voice of Vietnam Radio, Vietnam Television shall be responsible for broadcasting timely bulletins via mass media announcements of weather forecasts, storm and flood warnings, orders or instructions concerning prevention and control or avoidance of floods and storms issued by the Central Committee for Prevention and Control of Floods and Storms; propagating experiences and knowledge of the Ordinance on Prevention and Control of Floods and Storms among the people.
18- The Central Committee for Prevention and Control of Floods and Storms, in accordance with its functions and tasks as defined by the Government, shall be responsible for directing, monitoring and evaluating plans and the conduct of activities to prevent consequences of floods and storms by authorities and sectors.

Article 12: For areas vulnerable to flashfloods, the People’s Committee at all levels shall have to devise plans to direct related sectors and local people to build up reserves of foodstuff, essential commodities, medicine, for use when floods and storms prevent the free flow of supplies.

Article 13: The Provincial People’s Committee shall assign the work of checking the facilities used for prevention and control of floods and storms that are under its management to different levels of authority. Results of the exercise shall be recorded in minutes, and present conclusions about the utility of the facility. If any problem is discovered, immediate improvement work shall be done. In case the authority finds that the problem is not within its ability to solve, it shall report immediately to the Provincial Committee for Prevention and Control of Floods and Storms for a solution.

Article 14: Technical facilities used for prevention and control of floods and storms and other projects that are located within the protected corridor of the facilities used for prevention and control of floods and storms, shall need to have minimum protection equivalent to the standard of protection given to facilities used for prevention and control of floods and storms; employment of these facilities shall be in conformity with all regulations on prevention and control of floods and storms. The managers of these facilities shall be responsible for reinforcing, upgrading the facilities as generally required for all facilities used for prevention and control of floods and storms.

Article 15: New construction of storehouses containing foodstuff, toxic chemicals, explosives, essential commodities and other important property that are located within river beds, flashflood paths, shall be undertaken subject to approval by the Provincial People’s Committee, as an additional requirement to planning and other conditions related to prevention and control of floods and storms.
For storehouses built before this Decree was issued, the manager of the storehouse shall have to instal measures to assure safety and no pollution to surroundings when floods and storms occur.

Article 16: River beds, river banks located inside the release channels, or flashflood paths shall be managed by authorities of the locality where they are located, under the instruction and regulation of the Department for Prevention and Control of Floods and Storms and Dyke Management.
Organizations or individuals that place obstacles, or obstruct the release of flood waters shall be obliged to clear the obstacles; if they fail to take timely action, the management units in charge of prevention and control of floods and storms have the authority to settle the problem in an appropriate manner in order to keep the flows running; organizations and individuals that create the obstruction shall have to pay all costs for the obstruction they may cause.

Article 17: Boat rescue stations shall be set up at the important ports of : Hai Phong, Cua Lo, Da Nang, Nha Trang, Vung Tau.
The Ministry of Communication and Transportation shall develop the design, organization, operating rules for rescue stations and submit them to the Prime Minister for approval.

Article 18: All means of waterway transportation, including passengers boats, fishing boats, and other ships shall have to be equipped with communication facilities, signals as required by the rules of storm warning, and means for rescue of people and vehicles.
Passenger boats shall have adequate life-saving equipment for passengers on board.
The Ministry of Communication and Transportation shall provide detailed regulations required for communication equipment, signals, rescue kits for people and boats, and impart minimum knowledge to boat crews on prevention and control mechanisms for storms that enable them to act in emergency situations.
The office in charge of registration of boats and ships shall also be responsible for checking the availability of the equipment mentioned above on boats and ships apart from checking the boats in general.
In districts that have ferries running across rivers, the district’s Department of Communication and Transportation shall conduct regular checks on the quality of vehicles, drivers, lifesaving equipment, that assure the safety of transportation, especially in the rainy season.
Before operating a boat/ship, the owner of the vehicle shall ensure that the above mentioned equipment is available on board. Boats shall not be allowed to operate unless they have all the facilities that assure safety.
In case a boat is licensed to operate with any of the above facilities missing, and is discovered by the authorized units, or traffic inspectors, the owner of the vehicle shall be held responsible for the violation. If any damage or loss occurs, the captain of the boat, vehicle shall bear the consequences in a court of law and shall have to compensate for the loss or damage.  

Article 19: The Heads of sectors, or People’s Committees of the localities that receive warnings or announcements of floods and storms shall take measures for prevention or control of floods and storms in accordance with the level of warning.

Article 20: All available forces and means shall need to be mobilized for protection and rescue of facilities used for or related to prevention and control of floods and storms in areas threatened by or likely to be affected by disasters. Units that manage these facilities shall attend to problems immediately upon discovery and simultaneously report to the higher authorities.

Article 21: When floods or storm occur, organizations and individuals shall have the following obligations:
1-To actively and urgently rescue and protect people, projects and property that are in danger of floods and storms or damaged by floods or storms.
2-To strictly follow all decisions and instructions of the authorities or units in charge of directing work for prevention and control of floods and storms.
3-To mobilize forces and means for prevention and control of floods and storms according to plans or decisions adopted by local authorities and units in charge of directing prevention and control of floods and storms.
4-To relay complete and up-to-date information concerning directives on prevention and control of floods and storms.
5-To assign staff to be on duty at the office for flood and storm control based on a vigilance schedule at facilities used for prevention and control of floods and storms.
6-To maintain social order and safety in the areas where the floods or storms have struck following instructions from the police.
7-To protect oneself and one’s home and also participate in community activities for prevention and control of floods and storms according to the approved plans for prevention and control of floods and storms and as instructed by the local committee for prevention and control of floods and storms.

Article 22: In localities where facilities used for prevention and control of floods and storms fail to meet standards of safety required for the level of warning, the local People’s Committee shall be responsible for relocating the population away from endangered areas and take all measures to rescue facilities.

Article 23: The Government shall authorize the Ministry of Finance together with the Ministry of Agriculture and Rural Development to provide compensation as stipulated in Article 23 of the Ordinance on Prevention and Control of Floods and Storms.

Article 24: Property in flooded areas shall remain under the ownership of its legal owner even if found floating elsewhere; local authorities shall intimate the people and organizations who own such property so that they can claim their rightful property. In case no one claims it, or no one is to inherit the property, it shall be put into local public funds.
All organizations and individuals are prohibited from taking advantage of floods and storms to appropriate property of the State, collectives or individuals.  

Article 25: All provisions concerning activities related to overcoming consequences of floods and storms stipulated in Articles 24 and 25 of the Ordinance on Prevention and Control of Floods and Storms shall be observed in conformity with the following specifications:

1- The People’s Committee at all levels shall be obliged to coordinate with related units when organizing rescue work.
The status of loss and damage shall be recorded regularly and reported to authorized offices so that the work of overcoming consequences is conducted in time.
2- The Department of Statistics shall be obliged to organize, instruct, promote and check on the work of recording and evaluating loss and damage caused by floods and storms.
3- The Heads of sectors, Chairpersons of People’s Committees at all levels, managers of projects that are damaged by floods and storms, shall be obliged to direct the work of overcoming the consequences; to organize and instruct people on maintaining a stable life and reviving production; to report promptly results of the work of overcoming consequences of floods, storms to the Government, to related offices at higher levels; and to submit proposals for necessary aid.

Article 26: To accelerate the work of overcoming consequences of floods and storms, ministries and sectors shall have the following responsibility:
1- The Central Committee for Prevention and Control of Floods and Storms shall be responsible for reviewing the situation, proposing measures to the Government for alleviating the consequences and directing ministries and sectors in implementing the measures approved by the Government.
2- The Ministry of Agriculture and Rural Development shall be responsible for:
- Setting up plans for rehabilitating dyke projects, and other facilities used for prevention and control of floods and storms that are damaged by floods and storms.
- Instructing localities on overcoming consequences, renewing production and maintaining stability.
- Instructing and directing localities in repairing dyke projects and other facilities used for prevention and control of floods and storms that are damaged by floods and storms.
3- The Ministry of Fishery Production shall be responsible for instructing localities on how to overcome consequences, rehabilitate production centres and continue fishing.
4- The Ministry of Health shall be responsible for organizing emergency services for victims at healthcare centres, and taking measures to prevent diseases and epidemics from breaking out in flooded areas.
5- The Ministry of Labour, War Invalids and Social Affairs shall be responsible for directing work to provide relief to people who have suffered losses, especially the disadvantaged and poor.
6- The Ministry of Science, Technology and Environment shall be responsible for instructing localities on how to overcome consequences of environmental pollution caused by floods and storms and maintain a healthy environment.
7- The Ministry of Planning and Investment shall be responsible for allocating financial resources for rehabilitation of dyke projects, facilities used for prevention and control of floods and storms and other infrastructure projects that are damaged by floods and storms.
8- The Ministry of Finance shall be responsible for allocating a budget in time for mending dyke projects, facilities used for prevention and control of floods and storms and other activities for overcoming the consequences of floods and storms.
9- The Ministry of Foreign Affairs shall coordinate with the Central Committee for Prevention and Control of Floods and Storms in reporting to international organizations and calling for international aid when severe disasters occur in localities.
10- The Ministries of Construction, Communication and Transportation, Industry, Education and Training, and other ministries and sectors shall be responsible for overcoming consequences of floods and storms in their field in accordance with the functions set out for them by state management.  

 Article 27: Funding for prevention and control of floods and storms is regulated by Articles 27 and 28 of the Ordinance on Prevention and Control of Floods and Storms, and shall be disbursed in accordance with the following regulations:
1- The State budget, which is allocated annually and upon request when floods and storms occur, shall be used:
- To build dykes and facilities used for prevention and control of floods and storms.
- To maintain and upgrade dykes and facilities for prevention and control of floods and storms and facilities used for flood and storm warning.
- To meet unexpected, unforeseen problems occurring in dykes and facilities for prevention and control of floods and storms, and for overcoming consequences of floods and storms.
2- The fund for prevention and control of floods and storms that is contributed by the local people as required by the Government shall come from the following subjects:
- Individuals (not using compulsory contribution required by the Ordinance on Labour for Public Interests for this fund).
-Locally based enterprises (including state-owned enterprises centrally or locally controlled and enterprises that belong to other economic sectors).
3- The Ministry of Agriculture and Rural Development shall coordinate with the Ministry of Finance, Ministry of Planning and Investment, and related ministries and sectors in devising an annual rate of contribution for the fund for prevention and control of floods and storms, and submitting this to the Government for approval.
4- Financial aid coming from United Nations organizations, foreign countries, non-governmental organizations; relief that comes from organizations and individuals from within and outside the country when floods, storms occur.

Article 28: The regular State budget shall be used to invest in construction, reinforcement, repair of facilities used for prevention and control of floods and storms; to purchase equipment for forecasting or warning; to run the day-today work of directing and monitoring activities for prevention and control of floods and storms.
The State budget that is provided upon special request shall come from the national reserve budget with approval from the Government to be given to localities that suffer major losses and damage on the proposal of the Chairperson of the People’s Committees of provinces and cities under the Central Government, of the Chairperson of the Central Committee for Prevention and Control of Floods and Storms, and other related Ministries.

Article 29: The local fund for prevention and control of floods and storms that is contributed by locally based organizations and individuals, shall be established, managed and used as regulated by the law.
The use of the fund for wrongful purposes in any form shall be prohibited.

Article 30: The People’s Committee at all levels shall be responsible for receiving and distributing relief for flood and storm victims to the right subjects and for the right purposes. Funding, relief that is distributed shall be recorded and reported to the Government, the Central Committee for Prevention and Control of Floods and Storms, the Ministry of Finance, announced on mass media and shall have to be accounted for annually.
Any use of relief for purposes other than for storm and flood relief shall be prohibited.

Article 31: The materials reserved by ministries, sectors for emergency use when problems occur in dykes during floods and storms, shall be regulated as follows:
1- The Ministry of Agriculture and Rural Development shall be allowed:
- To reserve sacks, filtering cloth, steel baskets, for use in irrigation projects during rainy seasons.
- To reserve part of the national reserve fund for pesticide, veterinary medicine, plant seeds, young animals and for use in overcoming consequences and renewing agricultural production.
2- The Ministry of Communication and Transportation shall be allowed to reserve some bridge decks, ferries, canoes, and crucial materials used for countering problems to maintain free flow of traffic on important routes with approval from the Government.
3- The Ministry of Health shall be allowed to reserve certain amount of medicine for prevention and cure of disease at the central level and in some localities with convenient access when needed for prevention and control of floods and storms. This amount of medicine shall have to be replaced every year.
4- The Ministry of Industry shall be allowed to reserve materials needed for repairs at main power plants, power lines and stations.
5- The Postal sector shall be allowed to reserve materials, equipment needed to handle problems in communication networks in order to maintain easy communication for prevention and control of floods and storms.
6- The Ministry of Trade shall be allowed to reserve tarpaulin and other roofing materials to serve the work of overcoming consequences of floods and storms; and to check on availability and reserve other essential commodities in areas likely to be cut off when floods and storms occur.
7- The Ministry of Planning and Investment and Ministry of Finance shall locate financial resources, devise plans to reserve these resources based on the proposal of related ministries and submit them to the Prime Minister for final approval.

Article 32: Reserve materials in provinces and cities under the Central Government shall comprise State-owned materials managed by the locality, and materials contributed by the people to serve the work of prevention and control and overcoming consequences of floods and storms in their locality.
Any use of materials reserved for wrongful purposes shall be prohibited.

Article 33: The Ministry of Finance shall be responsible for giving instructions on the maintenance of account books, checking expenses, materials, products that are used for prevention and control and overcoming consequences of floods and storms, from all sources.

Article 34: Inspection units for prevention and control of floods and storms shall check the observance of laws on prevention and control of floods and storms in order to stimulate measures to prevent and stop acts of violation to the laws on prevention and control of floods and storms.
The Director of the Department for Prevention and Control of Floods and Storms and Dyke Management of the Ministry of Agriculture and Rural Development, the Directors of the Departments of Agriculture and Rural Development shall be responsible for conducting inspections in the area of prevention and control of floods and storms within the scope of their functions, tasks and authority.

Article 35: The work of inspection of activities for prevention and control of floods and storms shall comprise the following:
1- To inspect the observance of the laws and other legal documents of the State on prevention and control of floods and storms and work related to prevention and control of floods and storms.
2- To inspect the work of building, rehabilitating, protecting, and using dykes and the work of dyke rescue and flood control.
3- To inspect the management and protection of major reservoirs, flood control projects, and other projects related to facilities used for prevention and control of floods and storms.
4- To inspect the management and use of materials reserved for prevention and control of floods and storms.
5- To inspect the performance of other activities related to the laws on prevention and control of floods and storms.

Article 36: The Minister of Agriculture and Rural Development shall coordinate with the Chief Inspector of the Government, Minister, Chairperson of the Governmental Committee for Organization and Personnel, Minister of Finance, Minister of Labour, War Invalids and Social Affairs in formulating a model for organization and operation of Inspection units in the field and submit it to the Prime Minister for approval.

Article 37: This Decree shall take full effect from the date of issuance. All previous regulations that are inconsistent with this Decree are hereby annulled.

Article 38: The Ministers, Heads of offices at ministry level, Heads of offices under the Government, the Chairperson of the People’s Committees of provinces and cities under the Central Government, shall implement this Decree.  

10. DECISION NO. 355 - TTg OF MAY 28, 1996 OF THE PRIME MINISTER ON FUNCTIONS, TASKS, AUTHORITY AND ORGANIZATION OF THE DEPARTMENT FOR PREVENTION AND CONTROL OF FLOODS, STORMS AND DYKE MANAGEMENT OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to the Ordinance on Organization of the Government of September 30, 1992;
Pursuant to Decree No.73 - CP of November 1, 1995 of the Government promulgating regulations on functions, tasks, authority and organization of the Ministry of Agriculture and Rural Development;
At the proposal of the Minister of Agriculture and Rural Development, of the Minister, Chairperson of the Governmental Committee for Organization and Personnel;  

Article 1: The Department for Prevention and Control of Floods and Storms and Dyke Management shall be an office attached to the Ministry of Agriculture and Rural Development that assists the Minister of Agriculture and Rural Development in performing state management of prevention and control of floods, storms and dyke management in the whole country.
The Department for Prevention and Control of Floods, Storms and Dyke Management shall also act as the permanent office of the Central Committee for Prevention and Control of Floods and Storms and the permanent office of the National Committee for the International Decade for Natural Disaster Reduction in Vietnam.
The Department of Prevention and Control of Floods, Storms and Dyke Management shall have legal status, an official stamp, and operational budget allocated by the State; and shall be allowed to open an account in the State Treasury.
The headquarters of the Department shall be located in Hanoi, with representative offices located in Ho Chi Minh City and Da Nang City.

Article 2: The Department for Prevention and Control of Floods, Storms and Dyke Management shall have the following tasks and areas of authority:
1- To set up a planning mechanism and plans for construction and management of dykes, for flood control, for prevention and control of floods and storms and mitigating disasters; to submit that plan to the authorized level for approval; and to organize implementation of the plan after approval.
2- To promulgate legislation on prevention and control of floods and storms, on dyke management and management of flood releasing rivers; to establish procedures, economic and technical criteria for dyke construction and management, for prevention and control of floods and storms in order to submit them to authorized units for approval, or approve them if authorized, before implementation.
To provide technical and professional instructions and directives to local units in charge of prevention and control of floods, storms and dyke management of provinces and cities under the Central Government.
3- To carry out tasks for preventing, controlling and reducing disasters assigned by the State and the Ministry.
4- To manage the work of reinforcement and construction of dykes as required by the Government’s regulations.
To propose solutions and organize resource mobilization from central to local levels to assure the safety of dyke systems in emergency situations.
5- To report to the Ministry of Agriculture and Rural Development the authorization of activities and construction projects that are related to dykes of category III or higher, and related to the release of flood waters that may affect two or more provinces, such as the need to cut or split dykes, to allow vehicles on the dykes, to build facilities, to drill, to dig for exploration, to exploit minerals, natural reserves or construction materials, and to dredge the channels inside the protected corridor of dykes and flood releasing rivers.
To manage matters pertaining to licensing, inspecting and settlement of any violations that occur in the process of licensing within its scope of authority.
6- To follow closely information concerning rain, storms, flooding in the whole country; to promptly propose plans for prevention and control of floods and storms, technical solutions for complicated problems relating to dykes, floods and storms which go beyond the ability of the locality to solve; to set up and organize plan implementation aimed at overcoming consequences of floods and storms and reducing losses both of human life and property.
7- To propose adjustments in regulations pertaining to Hoa Binh, Thac Ba reservoirs, for flood control in Day river and other rivers in case the flooding is higher than the capacity of the dykes around those rivers.
To organize the work of management of projects for flood control in Day river, and conduct flood control when ordered by higher authorized units.
8- To direct the application of scientific and technological innovations in the field of prevention and control of floods, storms, disaster control and dyke management.
To seek international cooperation in the field of prevention and control of floods, storms, disaster control, and dyke management as assigned by the Ministry.
9- To monitor and inspect the observance of the law on dyke protection, and prevention and control of floods and storms in the whole country.
10- To perform the tasks of a permanent office for the Central Committee for Prevention and Control of Floods and Storms as regulated by Decree No. 168/HDBT of May 19, 1990 of the Council of Ministers (now the Government) and as a permanent office for the National Committee for the International Decade for Natural Disaster Reduction in Vietnam as regulated by Decree No. 11/CT of January 7, 1991 of the Chairperson of the Council of Ministers (now the Prime Minister).
11- To manage the organization, staff and property assigned to it in accordance with the State regulations.

Article 3: The organization of the Department for Prevention and Control of Floods, Storms and Dyke Management shall be as follows:
1- The Department shall be headed by a Director; who shall be assisted by Vice Directors.
The Director of the Department for Prevention and Control of Floods, Storms and Dyke Management shall bear responsibility on behalf of the Minister of Agriculture and Rural Development for all activities conducted by the Department. Vice Directors of the Department shall bear responsibility on behalf of the Director for the tasks they are assigned.
The Director and Vice Directors shall be appointed and dismissed by the Minister of Agriculture and Rural Development. 2- The machinery that assists the Director of the Department for Prevention and Control of Floods and Storms shall be regulated by the Minister of Agriculture and Rural Development.
3- Administrative organs shall comprise:
- The Management Board for Flood Control Projects in Day river.
- The Centre for Technical Consultations on Dykes.
- The Management Centre for Disaster Prevention and Control.
The Minister of Agriculture and Rural Development shall provide detailed guidance on functions, tasks, authority and organization of the machinery and staff of units attached to the Department for Prevention and Control of Floods, Storms and Dyke Management.

Article 4: This Decision shall take full effect from the date of issuance. All previous regulations that contradict this Decision are hereby annulled.
The Minister of Agriculture and Rural Development, other Ministers, Heads of offices at ministry level, Heads of offices under the Government, Chairpersons of People’s Committees of provinces and cities under the Central Government, the Director of the Department for Prevention, Control of Floods, Storms and Dyke Management shall implement this Decision.  

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