Quyết định 44/2014/QD-TTg

DECISION

ON DETAILED REGULATIONS ON NATURAL DISASTER RISK LEVELS

Pursuant to Law on Government Organization dated December 25, 2001;

Pursuant to Law on Natural Disaster Prevention and Control dated June 19, 2013;

Pursuant to Decree No.66/2014/NĐ-CP dated July 04, 2014 providing guidance on Law on Natural Disaster Prevention and Control;

At the request of the Minister of Natural Resources and Environment,

The Prime Minister promulgates Decision on detailed regulations on the levels of natural disaster risk.

Chapter I

GENERAL PROVISIONS

Article 1. Level of natural disaster risk

1. Level of natural disaster risk is defined as the level of damage caused by natural disasters such as tropical depression, storm, tornados, thunderbolt, heavy rain, flood, flash flood, overflow, landslide caused by rain or flow, ground subsidence caused by rain or flow, rising water, saltwater intrusion, extreme heat, drought, damaging cold, hail,  frost, earthquake, tsunami and other natural disasters that can cause damage to humans, property, environment, living condition and economic – social activities.

2. Level of natural disaster risk is determined for each type of disaster and is announced together with the forecast and warning about natural disasters in order to form the basis for assignment of tasks, responsibilities and the cooperation in natural disaster response.

Article 2. Rules for classifying natural disaster risk

1. Natural disaster risk is classified by types of natural disaster based on the intensity, the range of influence, the area under direct impact, and possible damage inflicted by the natural disaster.

2. Risks of natural disaster are classified into 5 levels; each level goes with a specific color that indicates the increasing risk of the natural disaster:

a) Level 1 - blue indicates low risks;

b) Level 2 - yellow indicates average risks;

c) Level 3 - orange indicates high risks;

d) Level 4 - red indicates extremely high risks;

dd) Level 5 - purple indicates disasters.

Chapter II

DETAILED REGULATIONS ON NATURAL DISASTER RISK LEVEL

Article 3. Levels of natural disaster risk caused by tropical depression and storm

There are 3 levels of natural disaster risk caused by tropical depression and storm, from level 3 to level 5:

1. Level 3 natural disaster risk includes:

a) Tropical depressions or level 8 to 9 storms occur on the East Sea of Vietnam (including Paracel Islands and Spratly Islands), coastal territorial waters (including the Gulf of Tonkin, South of the Gulf of Tonkin, territorial waters along the coast of Quang Tri and Quang Ngai, territorial waters along the coast of Binh Dinh and Ninh Thuan, territorial waters along the coast of Binh Thuan and Ca Mau, territorial waters along the coast of Ca Mau and Kien Giang), the mainland of the North, Central and South parts of Vietnam.

b) Level 10 to 11 storms occur on the East Sea of Vietnam (including Paracel Islands and Spratly Islands), coastal territorial waters, the mainland of the North and the Central parts of Vietnam.

c) Very powerful storms of level 12 – 15 occur on the East Sea of Vietnam (including Paracel Islands and Spratly Islands).

2. Level 4 natural disaster risk includes:

a) Level 10 to 11 storms occur on mainland of the South part of Vietnam;

b) Level 12 to 15 very powerful storms occur on coastal territorial waters, the mainland in North and Central parts of Vietnam;

c) Level 16 and above superstorms occur on the East Sea of Vietnam (including Paracel Islands and Spratly Islands).

3. Level 5 natural disaster risk includes:

a) Level 12 to 15 very powerful storms occur on mainland of South part of Vietnam;

b) Level 16 and above superstorms occur on the coastal territorial waters, mainland of North part and Central part of Vietnam.

4. The level of natural disaster risk caused by tropical storms and storms will go up (up to level 5) in one of the following cases:

a) Tropical depressions or storms occur on the East Sea of Vietnam (including Paracel Islands and Spratly Islands), coastal territorial waters combine with the strong Southwest monsoon and Northeast monsoon.

b) Tropical depressions and storms occur on the mainland where heavy rain, flood or heavy overflow are occurring or occur concurrently with the tide or the rise of sea along the coasts.

Article 4. Levels of natural disaster risk caused by tornado, thunderbolt and hail

There are 2 levels of natural disaster risk caused by tornado, thunderbolt and hail:

1. Level 1 natural disaster risk: tornado, thunderbolt and hail occur of medium level occur in small area.

2. Level 2 natural disaster risk: tornado, thunderbolt and hail of high level occur in large area.

Article 5. Levels of natural disaster risk caused by heavy rain

There are 3 levels of natural disaster risk caused by heavy rain:

1. Level 1 natural disaster risk includes:

a) The amount of rainfall is from 100 mm to 200 mm per 24 hours and lasts for 1 to 2 days in the midland or highland;

a) The amount of rainfall is from > 200 mm to 500 mm per 24 hours and lasts for 1 to 2 days in the plain;

2. Level 2 natural disaster risk includes:

a) The amount of rainfall is from 100 mm to 200 mm per 24 hours and lasts for > 2 days to 4 days in the plain, midland or highland;

b) The amount of rainfall is from > 200 mm to 500 mm per 24 hours and lasts for 1 to 2 days in the midland or highland;

c) The amount of rainfall is more than 500 mm per 24 hours and lasts for 1 to 2 days in the plain;

3. Level 3 natural disaster risk includes:

a) The amount of rain is from > 200 mm to 500 mm per 24 hours and lasts for > 2 days to 4 days in the plain, the midland or the highland;

b) The amount of rain is more than 500 mm per 24 hours and lasts for 1 to 2 days in the midland or the highland;

Article 6. Levels of natural disaster risk caused by extreme heat

There are 3 levels of natural disaster risk caused by extreme heat:

2. Level 1 natural disaster risk includes:

a) An extreme heat wave occurs with the highest temperature in the day reaching 39°C, 40°C and lasts for > 5 days to 10 days;

b) An extreme heat wave occurs with the highest temperature in the day exceeding 40°C and lasts for 3 to 5 days;

2. Level 2 natural disaster risk includes:

a) An extreme heat wave occurs with the highest temperature in the day reaching 39°C, 40°C and lasts for more than 10 days;

a) Extreme heat wave occurs with the highest temperature in the day exceeding 40°C and lasts for > 5 days to 10 days;

3. Level 3 natural disaster risk is announced when the extreme heat wave occurs with the highest temperature in the day exceeding 40°C and lasts for more than 10 days;

Article 7. Levels of natural disaster risk caused by drought

There are 3 levels of natural disaster risk caused by drought:

1. Level 1 natural disaster risk includes:

a) The shortage of rainfall is over 50% a month and lasts for 2 to 3 months, and the shortage of water source in the drought area is from > 50% to 70% in comparison with the average rainfall of the years before.

b) The shortage of rainfall is over 50% a month and lasts for > 3 months to 6 months and the shortage of water source in the drought area is from 20% to 50% in comparison with the average rainfall of the years before.

2. Level 2 natural disaster risk includes:

a) The shortage of rainfall is over 50% a month and lasts for 2 to 3 months, and the shortage of water source in the drought area is over 70% in comparison with the average rainfall of the years before.

b) The shortage of rainfall is over 50% a month and lasts for > 3 months to 6 months, and the shortage of water source in the drought area is from > 50% to 70% in comparison with the average rainfall of the years before.

c) The shortage of rainfall is over 50% a month and lasts for more than 6 months, and the shortage of water source in the drought area is from 20% to 50% in comparison with the average rainfall of the years before.

3. Level 3 natural disaster risk includes:

a) The shortage of rainfall is over 50% a month and lasts for > 3 months to 6 months, and the shortage of water source in the drought area is over 70% in comparison with the average rainfall of the years before.

b) The shortage of rainfall is over 50% a month and lasts for more than 6 months, and the shortage of water source in the drought area is from > 50% to 70% in comparison with the average rainfall of the years before.

4. Level 4 natural disaster risk is announced when the shortage of rainfall is over 50% a month and lasts for more than 6 months, and the shortage of water source in the drought area is up to over 70% in comparison with the average rainfall of the years before.

Article 8. Levels of natural disaster risk caused by damaging cold, frost

There are 3 levels of natural disaster risk caused by damaging cold, frost:

1. Level 1 natural disaster risk includes:

a) A damaging cold wave comes with the daily average temperature from > 8°C to 13°C and lasts for 5 to 10 days in the plain or for more than 10 days in the highland;

b) A damaging cold wave comes with the daily average temperature from > 4°C to 8°C and lasts for 3 to 5 days in the plain or lasts for more than 5 days to 10 days on the highland, some of which include frost;

c) A damaging cold wave comes with the daily average temperature from over 0°C to 4°C and lasts for 3 to 5 days on the highland, some of which include frost or snow.

2. Level 2 natural disaster risk includes:

a) A damaging cold wave comes with the daily average temperature from > 8°C to 13°C and lasts for more than 10 days in the plain;

b) A damaging cold wave comes with the daily average temperature from > 4°C to 8°C and lasts for 5 to 10 days in the plain; or lasts for 10 days in the highland, some of which include frost and snow;

c) A damaging cold wave comes with the daily average temperature from over 0°C to 4°C and lasts for 3 to 5 days in the plain; or lasts for > 5 days to 10 days in the highland, some of which include frost and snow;

d) A damaging cold wave comes with the daily average temperature under 0°C and lasts for 3 to 5 days in the highland, some of which include frost and snow;

3. Level 3 natural disaster risk includes:

a) A damaging cold wave comes with the daily average temperature from > 4°C to 8°C and lasts for 10 days in the plain;

b) A damaging cold wave comes with the daily average temperature from over 0°C to 4°C and lasts for > 5 days to 10 days in the plain; or lasts for more than 10 days in the highland, some of which includes frost and snow;

c) A damaging cold wave comes with the daily average temperature under 0°C and lasts for > 5 days to 10 days in the highland, some of which includes frost and snow;

Article 9. Levels of natural disaster risk caused by fog

There are 3 levels of natural disaster risk caused by fog:

1. Level 1 natural disaster risk includes:

a) Fog is heavy, the visibility is more than 50 m and it is possible to causes danger to transportation on the sea;

b) Fog is dense, reduces the visibility to less than 50 m and causes danger to transportation on land;

2. Level 2 natural disaster risk includes:

a) Fog is heavy, the visibility is more than 50 m and it is possible to cause danger to transportation in the airport area;

b) Fog is dense, reduces the visibility to less than 50 m and causes danger to transportation on the sea;

3. Level 3 natural disaster risk is announced when fog is dense, reduces the visibility to less than 50 m and causes danger to transportation in the airport area.

Article 10. Levels of natural disaster risk caused by flood and overflow

There are 5 levels of natural disaster risk caused by flood and overflow:

1. Level 1 natural disaster risk includes:

a) Flood level is from alert 2 to alert 3 at the downstream of multiple medium rivers; upstream of Ma river, Ca river, Dong Nai river, the Vu Gia - Thu Bon river, Ba river; the major tributaries of the Red River – Thai Binh river; Mekong Delta;

b) Flood level is from alert 3 to 01 m more than alert 3 in multiple small rivers; upstream of multiple medium river.

2. Level 2 natural disaster risk includes:

a) Flood level from alert 2 up to alert 3 at the downstream of Ma river, Ca river, Dong Nai river, the Vu Gia - Thu Bon river, Ba river; downstream of the Red River – Thai Binh river;

b) Flood level is from alert 3 to about 01 m more than alert 3, at downstream of multiple medium rivers; upstream of Ma river, Ca river, Dong Nai river, the Vu Gia - Thu Bon river, Ba river; the major tributaries of the Red River – Thai Binh river;

c) Flood level is from about 01 m more than alert 3 to the highest flood level in history in multiple small rivers; the upstream of multiple medium rivers.

3. Level 1 natural disaster risk includes:

a) Flood level is from alert 3 to about 01 m more than alert 3, downstream of Ma river, Ca river, Dong Nai river, the Vu Gia - Thu Bon river, Ba river; the downstream of the Red River – Thai Binh river;

b) Flood level is from alert 3 to about 0.5 m more than alert 3 at the Mekong Delta;

c) Flood level is from about 01 m more than alert 3 to the highest flood level in history at the downstream of multiple medium rivers; Ma river, Ca river, Dong Nai river, the Vu Gia - Thu Bon river, Ba river; the major tributaries of the Red River – Thai Binh river;

d) Flood level is above the highest flood level in history in multiple small rivers; the upstream of multiple medium rivers.

4. Level 4 natural disaster risk includes:

a) Flood level is from about 01 m more than alert 3 to the highest flood level in history at the downstream of Red River - Thai Binh river;

b) Flood level is from 0.5 m more than alert 3 to the highest flood level in history at the Mekong Delta;

c) Flood level is higher than the record flood level at the downstream of multiple medium rivers; Ma river, Ca river, Dong Nai river, the Vu Gia - Thu Bon river, Ba river; the major tributaries of the Red River – Thai Binh river.

Level 5 natural disaster risk is announced when the flood level is higher than the highest flood level in history at the downstream of the Red River – Thai Binh river.

6. Levels natural disaster risk caused by flood and overflow under the impacts of other natural disasters.

a) The level of natural disaster risk caused by flood and overflow might go up 1 level (up to level 5) in case of the combine of effects from tropical depressions and storms with natural disaster risk level lower than that from flood, overflow;

b) The level of natural disaster risk caused by flood and overflow is might go up 2 levels (up to level 5) in case of the combine of effects from tropical depressions and storms and the breakdown of water reservoir at the upstream.

c) The level of natural disaster risk caused by flood and overflow in case of the combine of effects from tropical storms, storms causing natural disaster risk higher than flood and overflow is considered and defined according to natural disaster risk level caused by storms and tropical depressions.

7. In the areas where flood prevention works are available, the highest flood level in history specified in Clause 2, 3, 4, 5 of this Article shall be replaced by the design flood level.

Article 11. Levels of natural disaster risk caused by flash flood

There are 3 levels of natural disaster risk caused by flash flood:

1. Level 1 natural disaster risk includes:

a) Flash flood caused by rain with rainfall from 100 mm to 200 mm in 24 hours affects multiple provinces in the Northern mountainous regions, the Central Part and the Western Highland;

b) Flash flood caused by rain with rainfall from > 200 mm to 500 mm in 24 hours affects one province in the Northern mountainous regions, Central Part and the Western Highland.

2. Level 2 natural disaster risk includes:

a) Flash flood caused by rain with rainfall from > 200 mm to 500 mm in 24 hours affects multiple provinces in the Northern mountainous regions, Central Part and the Western Highland;

b) Flash flood caused by rain with rainfall more than 500 mm in 24 hours affects one province in the Northern mountainous regions, Central Part and the Western Highland.

3. Level 3 natural disaster risk is announced when a flash flood occurs because of heavy rainfall of more than 500 mm in 24 hours and affects multiple provinces in the Northern mountainous regions, Central Part and the Western Highland.

4. The level of natural disaster risk caused by tropical depressions and storms is might go up 1 level (up to level 4) in case of the combine of effects from other dangerous natural disasters, such as very heavy and long-lasting rain and landslide in a large scope in the area the flash flood occurs.

Article 12. Levels of natural disaster risk caused by landslide and ground subsidence that are caused by rain or flow

There are 2 levels of natural disaster risk caused by landslide and ground subsidence that are caused by rain or flow:

1. Level 2 natural disaster risk includes:

a) Rain is heavy with the rainfall of 200 mm to 300 mm in 24 hours and it has been raining for more than 2 days on the mountains side with the slope of over 25 degrees, with soft ground, loose soil; or remnant slope soil;

b) Rain is heavy with the rainfall of over 300 mm in 24 hours and it has been raining for 1 to 2 days, on the mountains side with the slope of over 25 degrees, with soft ground, loose soil;

c) Rain is heavy with the rainfall of over 300 mm in 24 hours and it has been raining for more than 2 days, on the mountains side with the slope of over 25 degrees, with soft schist ground.

2. Level 2 natural disaster risk is announced when it is likely to rain heavily with rainfall of over 300 mm every 24 hours and has been raining for more than 2 days, on the mountains side with the slope of over 25 degrees, with soft ground, loose soil; or remnant slope soil.

Article 13. Levels of natural disaster risk caused by saltwater intrusion

There are 2 levels of natural disaster risk caused by saltwater intrusion:

1. Level 1 natural disaster risk is announced when water at multiple estuaries of the coastal area is saltwater intruded with the boundary of saltwater is 4‰ intruded into 25 km to 50 km from the estuary in a long term and the freshwater in the river is not over 40% less than the average of previous years.

2. Level 2 natural disaster risk is announced when water at multiple estuaries of the coastal area is saltwater intruded with the boundary of saltwater is 4‰ intruded into more than 50 km from the estuary in a long term and with the long lasting of extreme heat or drought, the freshwater in the river is over 40% less than the average of previous years.

Article 14. Levels of natural disaster risk caused by water rise

There are 5 levels of natural disaster risk caused by water rise:

1. Level 1 natural disaster risk includes:

a) The water level rises by 1 m to 2 m along the coast of the South part of Vietnam;

b) The water level rises by > 2 m to 4 m along the coast of the North part of Vietnam.

2. Level 2 natural disaster risk includes:

a) The water level rises by > 2 m to 4 m along the coast of the Central and South parts of Vietnam.

b) The water level rises by > 4 m to 6 m along the coast of the North part of Vietnam.

3. Level 3 natural disaster risk is announced when the water level rises by > 4 m to 6 m along the coast of the Central and South parts of Vietnam.

4. Level 4 of natural disaster risk is announced when the water level rises by > 6 m to 8 m along the coast of the North and the Central parts of Vietnam.

5. Level 5 of natural disaster risk is announced when the water level rises above 8 m along the coast of the Central parts of Vietnam.

Article 15. Levels of natural disaster risk caused by strong wind at sea

There are 3 levels of natural disaster risk caused by strong wind:

1. Level 1 natural disaster risk is announced when level 6 to level 9 winds blow offshore (including islands and archipelagoes).

2. Level 2 natural disaster risk includes:

a) Level 6 to level 9 winds blow on the coastal area;

b) Level 9 and above winds blow on the offshore area (including islands sand archipelagoes).

3. Level 3 natural disaster risk is announced when the level 9 winds blow on the coastal area.

4. The level of natural disaster risk heavy winds at the sea might go up 1 level (up to level 4) in one of the following cases:

a) Heavy winds at sea blow concurrently with the act of tropical depressions or storms on the East Sea of Vietnam or the coastal area;

b) Heavy winds at sea blow at the beginning or at the end of the storms season and maintain in multiple constant days.

Article 16. Levels of natural disaster risk caused by earthquake

There are 5 levels of natural disaster risk caused by earthquake:

1. Level 1 natural disaster risk is announced when the recorded intensity of vibration of the ground is from level V to level VI in any area of Vietnam.

2. Level 2 natural disaster risk is announced when the recorded intensity of vibration of the ground is from level VI to level VII in the rural areas or the urban areas.

3. Level 3 natural disaster risk is announced when the recorded intensity of vibration of the ground is from level VI to level VII in areas having irrigation reservoirs or hydroelectric reservoirs; or the recorded intensity of vibrations in the ground from level VII to level VIII in rural areas.

4. Level 4 natural disaster risk is announced when the recorded intensity of vibration of the ground is from level VII to level VIII in rural areas or areas having irrigation reservoirs or hydroelectric reservoirs.

5. Level 5 natural disaster risk is announced when the recorded intensity of vibration of the ground is higher than level VIII, in any areas of Vietnam.

Article 17. Levels of natural disaster risk caused by tsunami

There are 3 levels of natural disaster risk caused by tsunami: level 3 and level 5:

1. Level 3 natural disaster risk is announced when tsunami is not devastating but likely to cause big and sudden waves in the coastal strip.

2. Level 5 natural disaster risk is announced when tsunami is devastating and can directly affect Vietnam.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 18. Effect

This Decision takes effect on October 01, 2014.

Article 19. Responsibilities

1. The Ministers, the Heads of the Ministry-level bodies, the Heads of the offices under Government, the Manager of the Central Board of Natural Hazards & Disasters Management, Chairman of National Committee for Search and Rescue, Chairman of People’s Committees of provinces and Heads of relevant offices and units are responsible for implementing this Decision.

2. The Ministry of Resources and Environment take lead and cooperate with the Ministry of Agriculture and Rural Development in announcing and guiding the implementation of the Decision; supervise, collect and report the possible difficulties in the implementation of Decision, request the Prime Minister to consider and decide.