Recently, the National Assembly passed a law amending and supplementing a number of articles of 11 laws in the military and defense fields, including the Law on Civil Defense.
Accordingly, level 1 civil defense is applied to respond to and overcome the consequences of incidents and disasters within the commune-level area when the developments and extent of damage of incidents and disasters exceed the capacity and conditions to respond and overcome the consequences of specialized and part-time forces and other forces at the commune-level area.
Level 2 civil defense is applied to respond to and overcome the consequences of incidents and disasters within the provincial area when the developments and extent of damage of incidents and disasters exceed the capacity and conditions to respond and overcome the consequences of local authorities at the commune level.
Level 3 civil defense is applied to respond to and overcome the consequences of incidents and disasters in one or several provinces or centrally-run cities, when the developments and extent of damage of incidents and disasters exceed the capacity and conditions to respond and overcome the consequences of local authorities at the provincial level.
The new law stipulates that the Chairman of the People's Committee at the commune level shall promulgate or abolish level 1 civil defense in the area under his management. According to the old law, at level 1, the Chairman of the People's Committee at the district level shall promulgate or abolish. After the district level no longer exists, this authority has been transferred to the Chairman of the commune level.
The commune chairman is authorized to decide on measures to: evacuate people and property from dangerous areas; ensure means, personal protective equipment, food, medicine, drinking water and other essential necessities for people in the area where incidents and disasters occur; prohibit or restrict people and vehicles from entering dangerous areas; prevent and fight fires and explosions; ensure security and order in the area where incidents and disasters occur...
Commune and provincial level chairmen must regularly monitor the situation of incidents and disasters.
Before the law was passed by the National Assembly , there were suggestions to review and supplement regulations on level 1 civil defense and level 2 civil defense; the regulations as in the draft law were not clear and specific, which could cause different interpretations or difficulties in distinguishing levels.
Regarding this issue, the Government said that the conditions and criteria for declaring level 1 civil defense are incidents or disasters that occur or are at risk of occurring at the commune level, exceeding the response and recovery capacity of specialized and part-time forces and other forces at the commune level.
When an incident, disaster or risk of an incident or disaster occurs and level 1 civil defense has not been declared, the forces shall respond in accordance with specialized laws (Law on Natural Disaster Prevention and Control; Law on Prevention and Control of Infectious Diseases).
In case the response and remedial measures according to this specialized law are ineffective, stronger measures are needed, even restricting human rights, civil rights, or mobilizing more resources to respond, the commune chairman shall declare level 1 civil defense, to have a basis for applying stronger and more effective measures, mobilizing more resources to meet the requirements of responding to incidents and disasters.
The conditions and criteria for declaring level 2 civil defense are that an incident or disaster occurs or threatens to occur in one or several communes within the province. If the response and recovery capabilities of the local authorities at the commune level exceed the capacity and conditions, the provincial chairman shall declare level 2 civil defense.
The law's continued regulation of three levels of civil defense inherits the provisions of the old law to institutionalize the Party's policies and viewpoints on civil defense until 2030 and the following years.
Specifically, civil defense must be proactive, prepared early, from afar, before wars, disasters, incidents, natural disasters, and epidemics occur; closely coordinate between levels, sectors, forces, and the entire population to proactively prevent, respond promptly, and overcome urgently and effectively; effectively implement the "four on-site" motto in combination with support from the central government, other localities, and the international community.
From the above contents, the Government finds that the criteria for promulgating level 1 and level 2 civil defense are specific, clear, and easy to apply; at the same time, assigning responsibility to commune and provincial level chairmen to regularly monitor the situation of incidents, disasters and activities of civil defense forces in the area...
Source: https://vietnamnet.vn/chu-tich-xa-duoc-ban-bo-phong-thu-dan-su-2415763.html
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