officialgazette conclusion, accession andimplementation

9
32 O FFICI AL G AZ ETTE Issue no 12fAugust 2009 (G6ng 8130 nos 421·4221August 29, 2009) 'IRE PRIME MINISTER DecisionNo. 1278/QD-TTgofAugust 14, 2009, approvin g the Plan on Implementation of the Joint Statement and Framework Program between Vietnam, Cambodia and Thailand on partn ership on oil spill incident preparedness and response in the Gulf of Thailand THE PRIME MINISTER Pursuant to the December 25, 2001 Law all Organization of the Government; Pur su ant ro rile Jun e i4, 200 5 Law all Conclus ion, Acc ession To and impleme ntation of Treaties; At the proposal of the head of the National Committee for Search and Rescue, DECIDES : Article 1. Tu appruve th" Plall UII Implementation of the Joint Statement and Framework Pro gram be twee n Viet nam, Cambodia and Thailand on partnership on oil spill incident preparedness and response in the Gulf ofThailand in the 2009-2015period (below referred to as the Plan) with the followin g principal contents: I. OB JECTIVES, REQUIREMENTS L Objectives:To fulfill Vietn am's obligations on partnership with Cambodiaand Thailand on tiuiely aud effective preparedness and response to oil spill incidents in the Gulf of Thailand in accordance with the Joint Statement and Framework Program between Vietnam, Cambodia and Thailand on partnership on oil spill incident preparedness and response in the Gulf of Thailand (below referred to as the Joint Statementand Framework Program). 2. Requirements: To develop and strengthen integrated marine resource and environment management systems, human resource training, research and development, environmental s ur veilla nce , and risk id en tification and assessment in order to prevent, be prepared and respond intime to oil spill incidentsin Vietnam's sea areas. as well as coordinate with Cambodia, Thailand and concerned organizations and individuals in responding to and handling oil spill

Upload: others

Post on 22-Apr-2022

3 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: OFFICIALGAZETTE Conclusion, Accession andimplementation

32 OFFICIAL GAZETTE Issue no 12fAugust 2009(G6ng 8130 nos 421·4221August 29, 2009)

'IRE PRIME MINISTER

DecisionNo.1278/QD-TTgofAugust 14,2009, approving the Plan onImplementation of the Joint Statementand Framework Program betweenVietnam, Cambodia and Thailand onpartnership on oil spill incidentpreparedness and response in the Gulf ofThailand

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law all

Organization of the Government;

Pursuant ro rile Jun e i 4, 2005 Law all

Conclusion, Accession Toand implementation of

Treaties;

At the proposal of the head of the National

Committee for Search and Rescue,

DECIDES:

Article 1. Tu appruve th" Plall UII

Implementation of the Joint Statement andFramework Pro gram be twee n Viet nam,Cambodia and Thailand on partnership on oilspill incident preparedness and response in theGulf ofThailand in the 2009-2015period (belowreferred to as the Plan) with the followin gprincipal contents:

I. OBJECTIVES, REQUIREMENTS

L Objectives:To fulfillVietnam's obligationson partnership with Cambodia and Thailand ontiuiely aud effective preparedness and response

to oil spill incidents in the Gulf of Thailand inaccordance with the Joint Statement andFramework Program between Vietnam,Cambodia and Thailand on partnership on oilspill incident preparedness and response in theGulf of Thailand (below referred to as the JointStatementand Framework Program).

2. Requirements: To develop and strengthenintegrated marine resource and environmentmanagement systems, human resource training,research and development, environmentalsurve i llance , and risk iden ti fi ca t ion and

assessment in order to prevent, be prepared andrespond intimeto oil spill incidentsin Vietnam'ssea areas. as well as coordinate with Cambodia,Thailand and concerned organizatio ns andindividuals in respondingto and handling oil spill

Page 2: OFFICIALGAZETTE Conclusion, Accession andimplementation

Issue no12/August 2009(Gong Beonos 421·4221Augusl 29,2009)

OFFICIAL GAZETTE 33

incidents in the Gulf of Thailand in orde r to

minimize the damage caused by spilt oil.

II. TASKS

1. To perfect the legal framework on risk

monitoring and assessment and marine oil spillincident response,and handling,

2. To build, consolidate, and raise the capacityof, the oil spill incident surveillance, discovery,

response and handling system.

~ _ To co nd uc t trn i ning and retrai ni ng ,

exercises and drill s, and propagand a to raise

community awareness about environmentalprotection and marine oil spill incident response

and handling.

4. To research and develop oil spill incident

response and handling services.

5. To enter into international cooperation onoil spill incident preventi on , response and

handling.

III. CONTENTS OF THE PLAN

Schemes and projects, responsible and

coordinating agencies ; and implementati onperiod of the Plan for the 2009-2015 period onfive groups of tasks are provided in the Annex

"List of schemes and plans to implement the JointStatement and Framework Program" to this

Decision.

Article 2. Responsibilities of concerned

agencies and organization of implementation

1. The National Committee for Search and

Rescue shall direct and implement activities of

responding to oil spill incidents in Vietnam,having the duties:

a/ To perform the tasks defined in the Plan

related to its functions, tasks and powers.intheimplementation of the Joint Statement andFramework Program.

blTo mobilize forces and means of ministries,branches and localities in collaborating with

international forces involved in responding to oil

spill incidents in Vietnam's southern sea and theGulf of Thailand according to regulations.

cl To direct regional oil spill response centers111 VIetnamand collaborate WIth national oil spill

response centers of Cambodia and Thailand to

coord ina te fo rces a nd mean s in volved inresponding to oil spill incidents in the Gulf of

Thailand in accordance with the agreements andprovisions ot the Joint Statement and FrameworkProgram.

2. The Ministry of Natural Resources and

Environment shall act as the national contact

point fo r the imple mentat ion of th e JointStatement and Framework Program, having theduties:

w'Tu assume theprime respouslblllty fur, awlcoordi nate with concerned min is tri es and

branches in, promulgating, or submitt ing tocompetent authorities for promulgation,

documents on risk monitoring and assessmentand marine oi l spill incident respense andhandling in accordance with the Joint Statement

and Framework Program.

blTo assume the prime responsibility for, and

coord inate with concerned ministries, branchesand localities ill, orgauiziug oil spill incident

response and handling to meet the requirements

of the Joint Statement and Framework Program;to coordinate with the National Committee for

Search and Rescue in reaching agreement on amechani sm for coord inati on bet wee n th e

Ministry and the National Committee for Search

and Rescue in implementing the Joint Statement

Page 3: OFFICIALGAZETTE Conclusion, Accession andimplementation

34 OFFICIAL GAZETTE Issue no12/Augusl 2009(Gong BaD nos 421·4221August 29, 2009)

and Framework Progra m,

cI To coordinate with the nati on al c nntac t

points of Cambodia and Thailand in

implementing th e Joint Statement and

Framework Program.

d/To sum up and report to the Prime Ministeron the Tmplemelllutiull of the Joint Statement and

Framework Program before January 25. every

ye ar, ana pr opo se nec essar y solut io ns toorganizing the effective implementation of the

Joint Statement and Framework Program; tocuuduc t U pr e l i rni nary re vie w of the

implementa tion of the Plan in the 2009-2010

period all£! a final review of the 2009·2015period and report to the Prime Minister.

e/ The Vietnam Genera l Department of Seaand Islands, an agency attached [Q [he Mini stry

of Natural Resources and Environment. shall give

advice to and assist the Minister of Natura lResources and Environment in implementing the

Joint Statement and Framework Program.

3, Concerned ministries and branches and the

People' s Committees of Ca Mau, Kien Giang andBa Ria-'litmg Tau prov inces shall, within the

scope-of their management. perform the tasks in

the Plan related to their respective functions,tasks a nd powe rs; and noti fy result s of

performnnce of their assigned tasks to thenational contact point for sum-up and report to

the Prime Minister according to regulations.

1. The M inistry of Planning and Investment

and the Ministry of Finance shall balance and

arrang e funds from the state budget and othersources in annual plans in the 2009-2010 period

and 20 11-2015 period; and study the additionalallocation of funds for the performance of tasks

in the Plan for which no fund has been allocated

yet according to regulations, in order to ensure

the effective implementation of the Plan.

5. In the cou rse of implementing the Plan.the National Committee for Search and Rescue.

th e Min istr y of Na tu ra l Res ources a ndEnvtro nmeur and concern ed min istr ie s and

branches shall closely coordinate with one

an other in org am zmg th e effectiveimplementation of the Plan and promptly report

any arising problems to the Prime Mini ster fordecision.

Article 3. Implementation funds

Based on the tasks assigned under this

Decision. the National Committee for Search andRescue, the Mini stry of Natural Resources and

Environment. other ministries and branches shall

elaborate and approve tasks. programs. schemesand projec ts for formulating tentative budgets for

the implementation of the Plan in accordancewith regulations on management of investment

and constructi on and the Law on the Sta te

Budget.

Article 4. Implementation provisions

I. This Decision takes effect on the date of

its signing for promulgation.

2. The head of the National Committee for

Search and Rescue . and the Ministers of: Natural

Resources and Environment. Transport, NationalDefense, Foreign Affairs, Justice. Science and

Technology. Information and Commun ications.and concerned ministries and branches, the

People's Committees of Ba Ria- Vung Tan. Ca

Mau and Kien Giang and the Vietnam Oil andGas Corporation shall implement this Decision.

For the Prime Minister

Deputy Prime Minister

HOANG TRUNG HAl

Page 4: OFFICIALGAZETTE Conclusion, Accession andimplementation

o

Annex

LIST OF SC HEMES AND PROJECTS TO IMPLEM3NT THE JOINT ST ATEMENT AND FRAMEWORK PROGRAM

(To tile Prime Minister's Decision No. 12781QD-TTg of AlIgllU 14, 20 iJ9)

No. Name 0; scheme, projectRespons ible Coordina ting Irrplemen tation

~. Notesage ncies agenc ies duration

I Perfecting the legalframework on riskmonitori ng and assessmentand marine oil spill incid ertresponse and han d.ing

I Scrutiniz ir.g, supplementing M inistry of Minist ry of 2009-2011 - To be implemented withinand amending exi sting legal Natura l Transpo rt, Mi nistry the overa ll duty of protectingdocument s and prcm ulgati ng Resources and cf Justice, marine resources andnew ones on risk moni toring Environment concerned environment.and assess ment and marine ministries, branches - Vietna m Generaloil spill incident response and loca lities Depa rtment of Sea andand handling. Islands gives advice and

assists the M inister ofNatural Resources andEnvironment in organiz ingthe implementat ion.

2 Studying and deve oping a Mi nistry of National Co mmittee 20)9-2010 Vietnam Generalprocess of mar ine oil spill Na tural for Search and Depart ment of Sea andincident response plan ning at Resources and Rescue, Ministry of Island s gives ad vice andall levels (nat ional, regional En vironment Transport, assists the Min ister ofand local, and in concecned Natural Resources andestab lishm ents in which ai l ministries and Envlronment in crganizir.gsp.ll inci dents are likely to branches tie implemen tati on.occur)

°1-0 , c

'" '"<Q =>tn°"'.~o ~

g ;3>.... c~'"~ ~~~

t.tg

g"'"

o-n

"n3>,....G'l3>Nm..........m

~

'"

Page 5: OFFICIALGAZETTE Conclusion, Accession andimplementation

a

3 Studying and develop ing a M inistry of Ministry of Sc ience 2C09-20 1I • Serving as a basis for use

process of us ing dispersants Natuml and Technology in Vietnam' s seas in the Gulfon Vietnam's sea. Resources and ofThailand

Environment- Vietnam General::>epa rtment of Sea andIslands gives advice a ndassists the Mini ster ofNatural Resources andEnvironment in orga nizing:he implementation.

4 Studying end deve oping a M inistry of Nationa l Committee 2009-2011 Vietna m Genera l Departmentprocess of deal ing with Natura l for Searc h and of Sea and Islands givesrrurine environmenta l Resources and Rescue, concerned advice and assists theincidents eaused by spilt oil. Environment ministries and Minister of Natura l

bra nches and Resou rces and Env ironrrentVietnam Oil and in organizing theGas Corooration implementation.

S Studying end developing a M inistry of Supreme People 's 2009-20 11 Vietnam Genera l Departmentprocess of compiling dossiers Natural Court, Mini stry of of Sea and Islands givesd arning compensa tions for oil Resources and Finance, Mi nistry of advice and ass ists thespill incident res ponse and Environment Jus tice and Ministry Minister of Naturalhandling and damage caused of Foreign Affai rs Resources a nd Environ mentby spilt oil. in organizing the

implementation.

II Building, strengthening, andenhanc ing the capacity of, theoil spill incident surve illance,response and handl ing sys tem

w

'"

o"T'/"T'/c=;i>.-Cl

~

~m

C)0 ,

~tilgj'~ in

.... '"", c- '".k. :>"' 0~ ~

.a ~"' cN C.(0 ~

'" '"g g-!£ u>

Page 6: OFFICIALGAZETTE Conclusion, Accession andimplementation

.G

6 Consol idat ing the direction National M inistry of Defense, 2009-2 0 10and management systems and Commi ttee fo r M inistry ofensuring infor mation and Searc h an d Transpcrt, andcommunication for Rescue People' s Committeescoordinating marine oil spill of coastal provincesincide nt response. and c ities .

7 Study ing and iss uing a Minis try of Vi etna m O il an d 2009 -2010 Vietna m Genera !Depar tmentmanua l on dea ling with Natura l Gas Corporatio n of Sea and Islands gives advicemarine oil inc ide nts. Resources and a nd concerned and assists the Minister of

E nviron ment agencies Natura l Resources andEnvironment in organiz ing theimplementa tion.

8 Building and consolidati ng Ministry of National Commi:tee 2009-20 11 T o prioritize the study andthe system of oi l sp ill inc ident Natura l for Search and comp letion of the marine oi lsurveillance, disc over y, Resources and Rescue, M inistry of spill risk monitoring anchand ling and corrpensation Environment Defense, M inistry of assess ment system forcla im. T ranspcrt, M inistry Vi etna m's southern a nd

of Foreign Affa irs, southwestern sea areas.People' s Committeesof coastal provincesand ci ties, andVietna m Oil and GasCorporation

9 Study ing and es tab lishing a M inistry of National Commi:tee 2009-20 10 To genera lly serve mar ine oildatabase center to serve the Na tural for Sea rch and spill incident response anddirection and managemen t of Resources and Rescue, M inistry of ha nd ling (in Vietna m andoil spill incident response and Environment T ransport and internationa l coordina tion)hand ling. People' s Committees

of coastal provinces

Iand cities

ofAc 'c'" <P<Q =>00 0

~.~=> »~ c<>- c"-'wr;:,;"-' '"~~

i-~

8-2

o-n-n(")

»rG)»Nm..........rn

~

Page 7: OFFICIALGAZETTE Conclusion, Accession andimplementation

10 ::::ompletely building 3 oil Vietnam Oil ,I National Commiree 20)9-2012spill response centers in Ba anc Gas for Sea rch andRia- Vung Tau. He ChI Minh Corporatton I Rescue Ministry ofCity and Ca Mau, under the Natural Resourcessouthern oil spill response and Environment.center. People' s

Committees of HoChi M inh City. BaRia-V ung Tau andCa Mau provinces

11 Making oil spill incident Nat ional Ministry of Natural 2009-20 11 To be made within theresponse plans for Vietnam's Committee for Resources and master plan on oil spillsouthern and southwestern Search and Environment. inc ident response in theseas. Rescue Vietnam Oil and South

Gas Corporation,People' sCommittees of CaMau and KienGiang provinces

12 Building a system :0 support Ministry of National Committee 2C09-2010 Vietnam Genera l Departmentthe making of decisions on oil Natura l for Search and of Sea and Islancs givesspill incident response in the Resources and Rescue , Ministry of advice and ass ists theGulf of TJ-a iland. Environment Transport, Vietnam Minister of Natural

Oil and Gas Resources and EnvironmentCorporation. 'n organizing thePeople' s implementation.Committees of CaMau and KienGiang

~

co

o"T1"T1

n».....Gl

~m--I--Im

'0Q .

<5OJll>.o:>lil or... <so",,,_ <1>

.... ""' 0~~

<§ l>!<l. "",,,~ ~

~ g~U>

Page 8: OFFICIALGAZETTE Conclusion, Accession andimplementation

"0

13 Developing an oil slick M inistry of Vietna m Science 2009-20 10 With in t.ie oil sli:ksin ulat ior; program in Natural and Technology simulation progra m based onVietnam'ssou thern and Resou rces and Institute, Vietnam Vietnam' s sea areassouthwestern seas. Environment Oil and Gas

Corpor ation

14 Completely build ing a sys tem M inistry of Nationa l Committee 2009-201 J To be built within the systemof oil spill sensitivity maps Natura l for Sea rch and of oil spill sensitivity mapsfor the southern ar.d Resources and Rescue, ?eople's of Vietnam as a bas is forscu thwes tern seas to serve the Environment Com mittees of Ca maki ng oil sp ill incidentoil sp ill incident response and Ma u and K ien planshandling in the Gulf of Giang provincesThaila nd.

III Training, drills and exerc isesand propaganda to rai secommunity awareness

15 T raining and exercises on National Ministry of Natural Regu larl y, In line with P rime M inist er' sccordinated response to Committee for Resources and annua lly Decision No. 80/2008/QD-marine oil spill incidents in Search and Environment, TTg of June 13, 2008,accordance with tie Rescue Vietnam Oil and Gas approving the scheme on sea-Fra mework Program. Corporation, related internat ional

People' s Committees coop era tion through 2020of coastal prov incesand cities

16 Training in handling of Ministry of National Committee Regularl y, Vietnam Ge nera l Departmentmarine oil spill incidents in Natura l fur Search and annua lly of Sea and Islands givesaccordance with the Resou rces and Rescue, Vietnam Oil advice and assists theFra mework Prog ram. E nvironment and Gas Corporat'on, Minister of Natura l

People ' s Committees Resources and Envi ronmentof coastal provinces in orga nizing theand cities imple mentation.

o ~0 , c

" '"'" :>COO~' ~

~ f;.... c"' '''.. ~.!. ..,'" '"~ ~

..§!a.:l5g

-SS!

o."-nni>.-Gli!:;!!j-Im

w

'"

Page 9: OFFICIALGAZETTE Conclusion, Accession andimplementation

", . -

o

17 Propaganda to raise Ministry of Mi nistry of Information Regularly, Vietnam General Departmentcomm unity awareness abor t Natural and Communicat ions, annuall~ of Sea and Islands gives ad viceenvironmental protec tion Resources National Commi ttee for and assists the Min.ster ofam mar ine oil spill inerden: and Search and Rescue, Natural Resources andresponse and handling. Environment People' s Committees of Environment in organizing the

coastal provinces and cities implementation.

IV Research end deve .opmentof oil spill response andhandling services

18 Studying and propo sing Ministry of Min.stry of Home Affai rs, 2009- Vietnam Genera l Departmentsolutions to developing Na tural Mi n.str y of Finance, 2011 of Sea and Islands gives ad 'licemarine oil spi ll incident Resources M in.stry of Transport, and assists the Mi nister ofresponse and handling and People' s Committees of Natural Reso urces andservices. Environment coast a l provinces and cities Environment in orga nizing the

implementation.

V Intern ational coopera tion onoil spill incident prevention,response and hand.ing

19 Intematiornl cooperation with Ministry of Min istry of Foreign Regular ly, Urder the Prime Minister'sCambodia, Thailand and Natural Affairs, Ministry of annually Decision No. 80/2C08/QD-TTgconcerned internat ional Resources Transport, National of June 13, 2008, approving theorgani zations and individuals and Commi ttee for Search and Scheme on mari ne intern ationalin the marine oil spill incident Emironment Rescue coopera tion up to 2020.preparedness, respcnse andhandling,

20 Studying and proposing Ministry of Ministry of Foreign Affairs, 2009- Vietnam General Department ofVietnam' s access ion to Natural Ministry ofTransport, 2010 S"," and Is lands gives advice andtreaties on marine oil spill Resources Ministry of Justice, National assists the Minister of Naturalincident response and and Committee for Search and Resources and Environment inhandling. Environment Rescue organizing the implemematicn.

...co

o-rt-nn»r-'

Gl

~m........m

C)Q .

<2OJ~.

'"0 -'" <n... <n,,> "_ <D

... ""> 0~ ~.as!a. ",,> "~I..O ~

"> ",

~ g