What is civil defense level? Basis for determining civil defense level in Vietnam

What is civil defense level? Basis for determining civil defense level in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What is civil defense level?

According to Clause 1, Article 7 of the Law on Civil Defense 2023, civil defense level refers to application level of measures taken by governments of all levels to respond to and recover from consequences of adverse events, catastrophes and serves as the basis for determining responsibilities, solutions, and resources of authorities, agencies, organizations, and individuals in civil defense.

2. Basis for determining civil defense level in Vietnam

Pursuant to Clause 2, Article 7 of the Law on Civil Defense 2023, the basis for determining civil defense level includes:

- Affected area, capability of affecting a larger scale, and potential consequences of adverse events and catastrophes;

- Geographical location, natural, societal, population conditions, national defense and security situations of areas affected by adverse events, catastrophes;

- Progression, level of damage, and damage done by adverse events and catastrophes;

- The ability to respond and recover from consequences of adverse events and catastrophes of local governments and civil defense forces.

3. Civil defense levels in Vietnam

According to Clause 3, Article 7 of the Law on Civil Defense 2023, civil defense level shall be classified as follows:

- Civil defense level 1 shall be applied to respond to and recover from consequences of adverse events and catastrophes in district level when progression and level of damage of adverse events and catastrophes exceed capability and conditions of special forces and commune-level government in responding to and recovering from consequences.

- Civil defense level 2 shall be applied to respond to and recover from consequences of adverse events and catastrophes in province level when progression and level of damage of adverse events and catastrophes exceed capability and conditions of special forces and district-level government in responding to and recovering from consequences;

- Civil defense level 3 shall be applied to respond to and recover from consequences of adverse events and catastrophes in one or multiple provinces and central-affiliated cities when progression and level of damage of adverse events and catastrophes exceed capability and conditions of province-level government in responding to and recovering from consequences.

4. International cooperation in civil defense in Vietnam

According to Article 9 of the Law on Civil Defense 2023, international cooperation in civil defense is as follows:

- Rules of international cooperation in civil defense include:

= Guarantee independence, sovereignty, equality, and reciprocity; comply with Vietnamese laws, international treaties to which the Socialist Republic of Vietnam is a signatory, and relevant international agreements;

= Enable domestic and foreign organizations, individuals, overseas Vietnamese, and international organizations to cooperate in civil defense;

= Expand and develop training, study, application of science, transfer of technology; cooperate in search and rescue operations; invest and build civil defense structures.

- International cooperation in civil defense includes:

= Exchanging information, forecast and warnings regarding adverse events, catastrophes, natural disasters, diseases, war;

= Searching, rescuing, and providing humanitarian aid;

= Assisting in responding to and recovering from consequences of adverse events, catastrophes, natural disasters, diseases, and war;

= Training, educating, organizing drills, investing, studying, applying science, transferring technology, and building civil defense structures.

5. Prohibited actions in civil defense in Vietnam

Prohibited actions in civil defense specified in Article 10 of the Law on Civil Defense 2023 include:

- Resisting, obstructing, intentionally delaying, or failing to comply with civil defense order, command of competent agencies or individuals; refusing to participate in search and rescue when realistically feasible.

- Damaging, destroying, appropriating civil defense equipment or structures.

- Causing adverse events or catastrophes which threaten lives and health of people; damaging property of the Government, the people, agencies, organizations, the environment, and national economy.

- Delivering false information on adverse events or catastrophes.

- Intentionally placing obstacles to obstruct civil defense operations.

- Building structures that either mitigate or neutralize civil defense structures; illegally build other structures within planning area of civil defense structures or area of existing civil defense structures.

- Using specialized civil defense equipment for incorrect purposes or using civil defense structures for incorrect purposes.

- Abusing powers to violate civil defense laws; conceal individuals violating civil defense laws; exploiting adverse events or catastrophes to mobilize, use civil defense resources for incorrect purposes.

- Exploiting civil defense operations, adverse events, or catastrophes to violate benefits of the Government, legitimate rights and benefits of organizations and individuals.

More details can be found in Law on Civil Defense 2023, effective from July 1, 2024.

Ho Quoc Tuan

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