Handle the situation early before declaring a state of emergency

The draft State of Emergency Law (SEA) allows the application of measures prescribed by this law to handle emergency situations even when an official SEA has not been declared.

Reporting on the explanation, reception and revision of the draft Law on Emergency Response within the framework of the 48th session of the National Assembly Standing Committee (NASC) on the afternoon of August 11, Chairman of the National Defense, Security and Foreign Affairs Committee Le Tan Toi said that the draft has added an important new article on "Principles of applying measures in a state of emergency".

Chairman of the National Defense, Security and Foreign Affairs Committee Le Tan Toi

Specifically, the draft allows the application of measures of the Law on Emergency Response to handle emergency situations even when an official emergency response has not been declared. This provides more flexibility and initiative in responding to emergency situations, especially when the situation has not reached the point of declaring an emergency response but still requires specific measures to control or minimize damage.

Measures applied in TTKC are also reviewed to ensure they are comprehensive, proportionate and appropriate to each type of TTKC, while ensuring a balance between power and human rights.

Members of the Standing Committee of the National Assembly attending the meeting

According to Chairman Le Tan Toi, the definition of TTKC is clarified, including the social state promulgated and announced by competent authorities when there is a disaster (natural or man-made) that seriously threatens life, health, property, or there is a situation that seriously threatens national defense, national security, social order and safety. TTKC is divided into 2 main groups: TTKC on national security, social order and safety and TTKC on disasters (due to natural disasters, epidemics, environmental incidents, chemicals, radiation, nuclear, energy or other incidents).

“This amendment inherits the provisions of the 2000 TTKC Ordinance and helps generalize the most important elements and characteristics of TTKC, while acknowledging the diversity and difficulty in accurately quantifying the threshold for transition from an emergency situation to TTKC. This also solves the practical problem when some incidents and disasters require TTKC to be declared without going through civil defense levels,” Mr. Le Tan Toi explained.

Regarding the mechanism of direction, command and enforcement forces in the TTKC, the draft law has clarified the responsibilities of the steering and command committees stipulated in specialized laws. Specifically, when declaring a TTKC on a disaster, the National Civil Defense Steering Committee will be the National Steering Committee for TTKC. For TTKC on national security, social order and safety, the Government Standing Committee will be the agency that decides to apply measures and the agency, organization or person responsible for implementation.

Notably, the draft has added regulations on supporting businesses to convert production of goods necessary to respond to disasters, in order to ensure the legitimate rights and interests of businesses when participating in disaster response work.

MR. PHUONG

Source: https://www.sggp.org.vn/xu-ly-tinh-huong-som-tu-truoc-khi-ban-bo-tinh-trang-khan-cap-post807848.html