Guidance on unexploded ordnance investigation and survey in Vietnam

Guidance on unexploded ordnance investigation and survey in Vietnam​ (Image from Internet)

1. What is the unexploded ordnance inspection, survey and clearance as specified in the law in Vietnam?

Clauses 2, 3, and 5 Article 3 of Decree 18/2019/ND-CP explain the unexploded ordnance survey, clearance, and disposal as follows:

- Unexploded ordnance inspection is the activity related to collecting, analyzing, and evaluating information and data on unexploded ordnance and areas potentially contaminated by such ordnance within a specific region.

- Unexploded ordnance survey involves using specific equipment to check the contamination status of unexploded ordnance in a confirmed area following a survey.

- Unexploded ordnance clearance is the activity of detecting, collecting, destroying, or neutralizing residual unexploded ordnance in defined contaminated areas to free up land, restore production, and ensure the safety of life and property for the people.

2. Guidance on unexploded ordnance investigation and survey in Vietnam

According to Article 21 of Decree 18/2019/ND-CP, the guidance on unexploded ordnance survey and clearance is as follows:

- Survey and clearance are mandatory activities aimed at collecting information on unexploded ordnance contamination and must be carried out before planning any projects or sections involving unexploded ordnance clearance.

- Information collected from survey and clearance activities must be sent to the National unexploded ordnance Data Center for storage and to create maps of contaminated areas. Data from previous surveys and clearances must be utilized as technical parameters during subsequent surveys, clearances, and project planning.

- Organizations conducting unexploded ordnance surveys and clearances must fully comply with national standards on unexploded ordnance contamination surveys, provide necessary documents and records, share information with local authorities and relevant agencies upon request, and bear legal responsibility and compensation for any discrepancies in survey results.

3. Conditions for participating in unexploded ordnance inspection, survey and clearance in Vietnam

According to Article 19 of Decree 18/2019/ND-CP, organizations and individuals participating in unexploded ordnance inspection, survey and clearance must meet legal technical and safety standards and comply with national and international standards relevant to unexploded ordnance remediation (this regulation does not apply to the military and police's military-security activities).

4. Procedures for Organizations and Individuals Nationwide to Participate in unexploded ordnance inspection, survey and clearance in Vietnam

Article 10 of Circular 195/2019/TT-BQP provides guidance on procedures for organizations and individuals nationwide to participate in unexploded ordnance inspection, survey and clearance as follows:

- Organizations and units participating in survey, clearance, consulting, monitoring, and disposal activities must have establishment decisions from competent authorities or legal operation licenses in Vietnam and be certified for their capabilities per regulations. Consulting and monitoring organizations cannot concurrently conduct clearance in the same project, section, or task.

- Individuals, including Vietnamese citizens and foreigners permitted to reside and work in Vietnam, directly handling unexploded ordnance, ammunition, and other explosive materials must be trained and certified in specialized survey, clearance, and disposal (this regulation does not apply to individuals in specialized units performing defense and security tasks).

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