Decree No. 53/2026/ND-CP dated February 05, 2026 of the Government of Vietnam on amendments to Decrees related to dikes and natural disaster management
Date: 2/5/2026
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THE GOVERNMENT OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 53/2026/ND-CP
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Hanoi, February 05, 2026
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DECREE
AMENDMENTS TO DECREES RELATED TO DIKES AND NATURAL DISASTER MANAGEMENT
Pursuant to the Law on Government Organization No. 63/2025/QH15;
Pursuant to the Law on Local Government Organization No. 72/2025/QH15;
Pursuant to the Law on Natural Disaster Management No. 33/2013/QH13 amended by the Law No. 60/2020/QH14, the Law No. 18/2023/QH15, the Law No. 47/2024/QH15, the Law No. 55/2024/QH15 and the Law No. 146/2025/QH15;
Pursuant to the Law on Dikes No.79/2006/QH11 amended by the Law No. 15/2008/QH12, the Law No. 35/2018/QH14, the Law No. 60/2020/QH14, the Law No. 18/2023/QH15, the Law No. 47/2024/QH15, the Law No. 84/2025/QH15 and the Law No. 146/2025/QH15;
Pursuant to the Law on Civil Defense No. 18/2023/QH15 amended by the Law No. 98/2025/QH15;
At the request of the Minister of Agriculture and Environment;
The Government hereby promulgates Decree on amendments to Decrees related to dykes and natural disaster management, including: the Government’s Decree No. 66/2021/ND-CP dated July 06, 2021 on elaboration of the Law on Natural Disaster Management and the Law on amendments to the Law on Natural Disaster Management and the Law on Dykes amended by the Decree No. 200/2025/ND-CP dated July 09, 2025; the Government’s Decree No. 78/2021/ND-CP dated August 01, 2021, on establishment and management of the Natural Disaster Management Fund amended by the Decree No. 63/2025/ND-CP dated March 05, 2025; the Government’s Decree No. 9/2025/ND-CP dated January 10, 2025, on policies on support for agricultural production for revival of production in areas suffering from losses caused by natural disasters and plant diseases; the Government’s Decree No. 113/2007/ND-CP dated June 28, 2007 on elaboration and guidance on enforcement of the Law on Dykes; the Government’s Decree No. 53/2019/ND-CP dated June 17, 2019 on formulation, appraisal, approval, and adjustment to planning for irrigation, dykes, and flooding prevention and control of river section with dikes, amended by the Government’s Decree No. 05/2022/ND-CP dated January 07, 2022; the Government’s Decree No. 04/2011/ND-CP dated January 14, 2011, on termination of use of flood diversion and attenuation areas within the Red River system; and the Government’s Decree No. 50/2020/ND-CP dated April 20, 2020, on receipt, management and use of international emergency aid for disaster recovery and relief.
Chapter I
AMENDMENTS TO THE GOVERNMENT’S DECREE NO. 66/2021/ND-CP DATED JULY 06, 2021 ON ELABORATION OF THE LAW ON NATURAL DISASTER MANAGEMENT AND THE LAW ON AMENDMENTS TO THE LAW ON NATURAL DISASTER MANAGEMENT AND THE LAW ON DYKES
Article 1. Amendments to Article 1
“Article 1. Scope
This Decree elaborates some articles of the Law on Natural Disaster Management, including news broadcasting responsibility; news broadcasting frequency and duration, communication networks and equipment serving command over response to natural disaster; assignment and delegation of responsibility and cooperation in response to natural disaster; disaster-related emergencies; types of urgent projects on natural disaster management and recovery; disaster recovery activities; mobilization, fundraising and allocation of resources for disaster relief and assistance in disaster recovery; rights and obligations of foreign organizations and individuals and international organizations participating in disaster response and recovery in Vietnam; policies and benefits for communal voluntary forces in charge of natural disaster management.”.
Article 2. Amendments to clause 1 Article 7
“1. Every Chairperson of the commune-level People’s Committee shall directly command and mobilize resources to promptly respond to natural disaster upon its occurrence; provide assistance in response when requested by local authorities in the near vicinity; directly command and mobilize resources within his/her jurisdiction in transparent and legal manner to respond to natural disaster when requested by other Chairpersons of commune-level People’s Committees for assistance and directed by the Chairperson of provincial People’s Committee; submit reports and carry out commands given by the superior natural disaster management agency; is entitled to mobilize the following resources for response to natural disaster:
a) Communal voluntary forces in charge of natural disaster management;
b) Public security forces, self-defense forces, civil defense forces, forces participating in protection of security and order at the grassroots level, adolescents, local organizations and individuals, and voluntary organizations and individuals as prescribed by law; competent persons are requested to mobilize local military forces for response to natural disaster in accordance with the law;
c) Reserve supplies prepared by the people, and supplies, equipment and vehicles of the commune and local organizations and individuals.”.
Article 3. Amendments to clause 3 Article 8
“3. The Chairperson of the communal-level People’s Committee shall assume the responsibilities specified in Article 7; obey commands given by the superior agency; instruct and evacuate people to safe places; decide to carry out coercive evacuation in the case where an organization or individual fails to voluntarily obey commands and guidelines for natural disaster management for the sake of safety of people.”.
Article 4. Amendments to clause 5 Article 9
“5. The Chairperson of the commune-level People’s Committee shall, according to local situation, assume the responsibilities specified in clause 3 Article 8 of this Decree and obey commands of the superior agency.”.
Article 5. Amendments to clause 1 Article 12
“1. Disaster-related emergencies mean situations of disasters that have occurred or are occurring, affect or threaten lives, health and houses of many people and safety of dikes, dams, reservoirs, works serving natural disaster management, important infrastructure constructions in use such as aerodromes, railways, highways, national routes, provincial routes, sole inter-commune and inter-village access roads, national terminals, high-voltage grid system (66 kV or above), national historical sites, special national historical relics, World Heritage Sites, schools, hospitals, premises of agencies, economic zones and industrial parks; and cause loss of land, coastal mangroves, and upstream protection forests therefore, it is necessary to immediately take emergency response measures to promptly prevent and quickly remedy the consequences. A disaster-related emergency is declared under a competent person's decision.”.
Article 6. Amendments to clause 2 Article 13
“2. Decision to invest in or execution of urgent projects on natural disaster management and recovery shall comply with regulations in clause 15 Article 4, clause 6 Article 19, Article 45 of the Law on Public Investment, Article 130 of the Law on Construction amended by clause 48 Article 1 of the Law on amendments to the Law on Construction; and direct contracting method shall be applied to select contractors as prescribed in Article 23 of the Law on Bidding, amended by clause 14 Article 1 of Law No. 90/2025/QH15 and points b and k, clause 1, Article 78 of the Government's Decree No. 214/2025/ND-CP dated August 4, 2025 and such decision, execution and method shall be adjusted accordingly whenever the law on public investment, construction or bidding is amended.”.
Article 7. Amendments to clause 1 Article 14
“1. Proactively use local resources to carry out disaster recovery, if cases are beyond the balancing capacity of ministries and local authorities, report and send such cases to the National Civil Defense Steering Committee, which will consolidate and report them to the Prime Minister for his decision to provide assistance (financial resources shall be used in accordance with the law on state budget)."
Article 8. Amendments to title of clause 2 Article 16
“2. Responsibility for determining, consolidating and proposing demands for relief and assistance (financial resources shall comply with the law on state budget):".
Article 9. Amendments to Article 17
“Article 17. Mobilization, allocation and use of financial resources for assistance in disaster recovery
1. Responsibility, jurisdiction to raise, allocate and use and procedures for raising, allocating and using state budget and financial reserve funds for disaster recovery shall comply with the law on state budget.
2. Procedures for mobilizing and providing assistance from disaster management funds shall be followed in accordance with the law on establishment and management of disaster management funds.”.
Article 10. Amendments to some clauses of Article 19
1. Clause 2 shall be amended as follows:
“2. The commune-level Civil Defense Steering Committee shall mobilize communal voluntary forces in charge of disaster management and local forces to conduct review and determine the number of households subject to emergency relocation.
The commune-level Civil Defense Steering Committee shall aggregate the number of households subject to emergency relocation, consolidate relocation assistance demands, and report them to the Chairperson of commune-level People’s Committee. Pursuant to the Law on Land, Law on Compulsory Purchase and Requisition of Property and applicable regulations, the Chairperson of commune-level People’s Committee shall allocate land and provide residence to households subject to relocation; decide to raise funding and mobilize forces, equipment, supplies and relevant organizations and individuals within his/her jurisdiction for relocation assistance. In case it is beyond his/her capacity, the Chairperson of commune-level People’s Committee shall report the case and send a proposal to the provincial Civil Defense Steering Committee.”.
2. Clause 4 shall be amended as follows:
“4. The provincial Civil Defense Steering Committee shall consolidate demands from the commune and report them to the Chairperson of provincial People’s Committee. Pursuant to the Law on Land, Law on Compulsory Purchase and Requisition of Property and application regulations, the Chairperson of provincial People’s Committee shall allocate land to provide residence to households subject to relocation; decide to raise funding and mobilize forces, equipment, supplies and relevant organizations and individuals within his/her jurisdiction for relocation assistance. In case it is beyond his/her capacity, the Chairperson of provincial People’s Committee shall report the case to the Prime Minister for timely instructions.”.
Article 11. Amendments to Article 22
“Article 22. Applying for registration of disaster response and recovery in Vietnam
1. A foreign organization or individual or international organization that wishes to register disaster response and recovery shall submit an application in person or by post or online to the Ministry of Agriculture and Environment. An application includes:
a) An application form for disaster response and recovery in Vietnam, using the Form in the Appendix I;
b) A list of goods, materials and equipment and other relevant documents (if any, using the form in Appendix II);
c) A list of participants (using the form in Appendix III).
2. The application-receiving authority shall provide an immediate response to the completeness and validity of the application if it is submitted in person, or within 01 working day from the date of receipt of the application if it is submitted online or by post; in case the application is incomplete or invalid as prescribed, the authority shall instruct the organization or individual to complete the application.
3. Within 02 working days from the date of receipt of the complete and valid application as prescribed, the dike and natural disaster management authority shall conduct appraisal and request the Minister of Agriculture and Environment to notify the application processing result to the applicant and relevant agencies.
4. Regarding a foreign organization, individual, or international organization participating in search and rescue in Vietnam, regulations on search and rescue and international treaties to which the Socialist Republic of Vietnam is a signatory shall apply.”.
Article 12. Amendments to clause 1 Article 33
“1. Persons who do not receive salary from the state budget during the period they are mobilized to perform disaster management tasks or attend training or drill sessions are entitled to receive allowance for their working days as follows:
a) Allowance for working days shall be reported by the provincial People's Committee to the provincial People's Council for decision, but shall not be lower than the allowance prescribed in point a, clause 1, Article 11 of the Government's Decree No. 72/2020/ND-CP dated June 30, 2020 amended by the Government's Decree No. 16/2025/ND-CP dated February 4, 2025.
If he/she attends a training or drill session or performs disaster management tasks at night (from 10 p.m to 6 a.m the following day), the allowance shall be increased by at least 50% of the current allowance.
When attending a training or drill session or performing disaster management tasks in an area far from his/her residence resulting him/her being unable to commute daily, he/she shall be provided with accommodation, means of transport and travelling expenses or get paid for train or coach tickets for arrival and return as a communal official; and provided with meal allowance which is prescribed by the Chairperson of provincial People’s Committee but not less than the meal allowance specified in point b clause 1 Article 11 of the Government's Decree No. 72/2020/ND-CP dated June 30, 2020 amended by the Government's Decree No. 16/2025/ND-CP dated February 4, 2025.
c) The authority that mobilizes him/her shall assume responsibility for providing allowance.”.
Article 13. Amendments to clauses 3, 4 and 5 Article 35
"3. Benefits for a person joining communal voluntary forces in charge of disaster management who does not participate in social insurance if he/she has an accident or dead
a) Accident benefits: During the period of receiving treatment for an accident, he/she is entitled to the benefits prescribed in clause 2 of this Article even if his/her wound recurs until he/she is discharged from hospital. If, due to the accident, he/she suffers from whole person impairment of at least 5%, he/she is entitled to the benefits prescribed in point a clause 3 Article 15 of the Government's Decree No. 72/2020/ND-CP dated June 30, 2020 amended by the Government's Decree No. 16/2025/ND-CP dated February 4, 2025;
b) Death benefits: He/she is entitled to the benefits prescribed in point b clause 3 Article 15 of the Government's Decree No. 72/2020/ND-CP dated June 30, 2020 amended by the Government's Decree No. 16/2025/ND-CP dated February 4, 2025;
c) If he/she is sick resulting in death, he/she is entitled to the benefits prescribed in point c clause 3 Article 15 of the Government's Decree No. 72/2020/ND-CP dated June 30, 2020 amended by the Government's Decree No. 16/2025/ND-CP dated February 4, 2025;
4. Procedures
a) Receipt of applications:
The person joining communal forces in charge of disaster management or his/her legal representative shall submit an application in person to the commune-level People's Committee or online or by post, the commune-level People's Committee shall provide an immediate response to the completeness of the application if it is submitted in person, or provide a written response within 01 working day from the date of receipt of the application if it is submitted online or by post
If the accident results in a whole person impairment of at least 5% or death, within 05 working days from the receipt of the complete and valid application, the commune-level People’s Committee shall prepare and submit an application to the Chairperson of provincial People’s Committee.
b) Decision to provide assistance and benefits:
For the medical examination and treatment provided in case where a person is sick, has an accident or is injured: within 07 working days from the receipt of the complete and valid application, the Chairperson of the commune-level People's Committee shall decide to provide financial assistance in medical examination and treatment to communal voluntary forces in charge of disaster management.
For the accident benefits provided in the case of whole person impairment of at least 5% or death: within 05 working days from the receipt of the application from the Chairperson of commune-level People's Committee, the Chairperson of the provincial People's Committee shall decide to provide accident or death benefits to communal voluntary forces in charge of disaster management.
In case of refusal, a written notification, clearly stating reasons must be provided.
c) Provision of assistance and benefits:
Within 03 working days from the date on which the benefit decision is issued, the commune-level People’s Committee shall pay medical examination and treatment expenses and benefits to beneficiaries. The payment shall be made by bank transfer or by post or the beneficiary shall receive benefits directly at the commune-level People’s Committee.
5. Application
a) Financial assistance in medical examination and treatment:
The person joining communal forces in charge of disaster management or his/her legal representative shall submit an application to the commune-level People's Committee The application includes an application form which is made using the form in the Appendix VI enclosed herewith, test report form, prescription, invoice evidencing payment and hospital discharge form.
The agriculture and environment authority affiliated to the commune-level People's Committee shall submit an application to the Chairperson of the commune-level People's Committee for decision. The application includes a statement and the documents specified in point a clause 5 of this Article.
b) Accident benefits:
The person joining communal forces in charge of disaster management or his/her legal representative shall submit an application to the commune-level People's Committee. The application includes an application form which is made using the form in the Appendix VII enclosed herewith; hospital discharge form; copy of medical record or copy of issued by the health facility that provided the treatment; a whole person impairment assessment report prepared by the Medical Examination Council of the provincial hospital and equivalent or higher in case where the accident results in a whole person impairment of at least 5%. In the case of a traffic accident, an investigation report prepared by the police authority is required.
The agriculture and environment authority affiliated to the commune-level People's Committee shall submit an application to the Chairperson of the commune-level People's Committee for decision. The application includes a statement and the documents specified in point b clause 5 of this Article.
If the accident results in a whole person impairment of at least 5%, the commune-level People’s Committee shall prepare and submit an application to the provincial People’s Committee. The application includes a statement and the documents specified in point b clause 5 of this Article.
c) Death benefits:
The legal representative of the person joining communal forces in charge of disaster management shall submit an application to the commune-level People's Committee. The application includes an application form which is made using the form in the Appendix VII enclosed herewith; hospital discharge form or copy of the medical record or copy, number or symbol of the death certificate or excerpt of death certificate (regarding death certificate or excerpt of death certificate, the application-receiving authority shall use corresponding data from the electronic civil status database). In case the traffic accident results in death, an investigation report prepared by the police authority is required.
The commune-level People’s Committee shall prepare and submit an application to the provincial People’s Committee. The application includes a statement and the documents specified in point c clause 5 of this Article.”.
Article 14. Replacement of some phrases in points, clauses and appendices:
1. The phrase “Ban chỉ đạo quốc gia về phòng, chống thiên tai” (the National Steering Committee for Natural Disaster Management) shall be replaced by the phrase “Ban Chỉ đạo Phòng thủ dân sự quốc gia” (the National Civil Defense Steering Committee) in clause 1 Article 11; point b and point c clause 2 Article 16.
2. The phrase “Ủy ban Quốc gia ứng phó sự cố, thiên tai và Tìm kiếm cứu nạn” (National Committee for Disaster and Emergency Response and Search and Rescue) shall be replaced by the phrase “Ban Chỉ đạo Phòng thủ dân sự quốc gia” (the National Civil Defense Steering Committee) in clause 2 Article 9; clause 3 Article 10.
3. The phrase “Ban chỉ huy phòng, chống thiên tai và tìm kiếm cứu nạn” (Steering Committee for Natural Disaster Management and Search and Rescue ) shall be replaced by the phrase “Ban Chỉ huy Phòng thủ dân sự quốc gia” (the National Civil Defense Steering Committee) in point a and point b clause 3 Article 12; clause 1 Article 19.
4. The phrase “Bộ Thông tin và Truyền thông” (Ministry of Information and Communications) shall be replaced by the phrase “Bộ Khoa học và Công nghệ " (Ministry of Science and Technology) in clause 4 Article 3.
5. The phrase “Bộ Nông nghiệp và Phát triển nông thôn, Bộ Tài nguyên và Môi trường” (the Ministry of Agriculture and Rural Development and Ministry of Natural Resources and Environment) shall be replaced by the phrase “Bộ Nông nghiệp và Môi trường” (Ministry of Agriculture and Environment) in clause 4 Article 3.
6. The phrase “Bộ Nông nghiệp và Phát triển nông thôn” (Ministry of Agriculture and Rural Development) shall be replaced by the phrase “Bộ Nông nghiệp và Môi trường" (Ministry of Agriculture and Environment) in clause 2 Article 15.
7. The phrase “Bộ Kế hoạch và Đầu tư” (Ministry of Planning and Investment) shall be replaced by the phrase “Bộ Tài chính” (Ministry of Finance) in clause 2 Article 15.
8. The phrase “Bộ Lao động - Thương binh và Xã hội” (Ministry of Labor, War Invalids and Social Affairs) shall be replaced by the phrase “Bộ Y Tế” (Ministry of Heath) in point b clause 3 Article 18.
9. The phrase “Ủy ban nhân dân cấp huyện” (the district-level People’s Committee) shall be replaced by the phrase “Ủy ban nhân dân cấp tỉnh” (the provincial People’s Committee) in clause 3 Article 7.
10. The phrase “Ủy ban nhân dân cấp huyện” (the district-level People’s Committee) shall be replaced by the phrase “Ủy ban nhân dân cấp xã” (the commune-level People’s Committee) in clause 6 Article 35.
11. The phrase “Số Chứng minh nhân dân (Căn cước công dân)” (9-digit ID card number(Citizen ID card) shall be replaced by the phrase “Số Căn cước công dân/Căn cước” (Citizen ID card Number/Identification Number) in the Appendix VI enclosed with the Government’s Decree No. 66/2021/ND-CP dated July 06, 2021.
12. The phrase “Đơn đăng ký hoạt động ứng phó và khắc phục hậu quả thiên tai tại Việt Nam” (An application form for disaster response and recovery in Vietnam) in the Appendix I enclosed with the Government’s Decree No. 66/2021/ND-CP dated July 06, 2021 shall be replaced by the enclosed form in the Appendix I of this Decree.
13. The phrase “Mẫu đơn đề nghị trợ cấp tai nạn, tiền tuất” (An application form for accident/dead benefits) in the Appendix VII enclosed with the Government’s Decree No. 66/2021/ND-CP dated July 06, 2021 shall be replaced by the enclosed form in the Appendix II of this Decree.
Article 15. Annulment of some phrases, clauses, Articles and Sections
1. Clauses 4, 5, and 6 of Article 7; Clause 3 of Article 19; Section 6 shall be annulled.
2. The phrase “và Ủy ban Quốc gia ứng phó sự cố, thiên tai và Tìm kiếm cứu nạn “ (and National Committee for Disaster and Emergency Response and Search and Rescue) in clause 1 Article 3; clause 1 Article 4; clauses 1 and 4 Article 8; clause 3 Article 9; clauses 4 and 5 Article 10 shall be annulled.
3. The phrase “Ủy ban Quốc gia ứng phó sự cố, thiên tai và Tìm kiếm cứu nạn,” (National Committee for Disaster and Emergency Response and Search and Rescue,) in clause 2 Article 3 shall be annulled.
4. The phrase “chủ trì, phối hợp với Ủy ban Quốc gia ứng phó sự cố, thiên tai và Tìm kiếm cứu nạn” (preside over and cooperate with National Committee for Disaster and Emergency Response and Search and Rescue,) in clause 5 Article 8 shall be annulled.
5. The phrase “cấp huyện và” (district- and) in clause 6 Article 10 shall be annulled.
6. The phrase “Địa chỉ thường trú” (pernament residence) in the Appendix VI enclosed with the Government’s Decree No. 66/2021/ND-CP dated July 06, 2021 shall be annulled.
Chapter II
AMENDMENTS TO SOME ARTICLES OF THE GOVERNMENT’S DECREE NO. 78/2021/ND-CP DATED AUGUST 01, 2021 ON ESTABLISHMENT AND MANAGEMENT OF DISASTER MANAGEMENT FUNDS AMENDED BY THE GOVERNMENT’S DECREE NO. 63/2025/ND-CP DATED MARCH 05, 2025
Article 16. Amendments to point a clause 3 Article 12
“a) Cadres, civil servants, public employees, persons paid wages, salaries, allowances and employees working at agencies, organizations and public service providers of the Communist Party, State, Vietnam Fatherland Front that are funded by the State budget to cover their operating expenses at the central level, in provinces and cities (provincial level), in communes, wards and special zones under province (commune level), in special administrative-economic units and armed forces shall pay a half of the statutory base salary divided by the number of working days in a month.”.
Article 17. Amendments to clause 7 Article 15
“7. The Chairperson of provincial People’s Committee shall provide each related agency or unit with instructions about formulation, approval and notification of a plan to collect the provincial Fund.
a) Departments of Taxation in provinces and cities shall be responsible for cooperating with and directing grassroots tax authorities to assist in collection of contributions to the Fund, formulating collection plans and providing local domestic and foreign economic organizations with information about total value of existing assets determined according to annual financial statements made on December 31 each year; providing information prescribed in points i and k of clause 1 and clause 2 of Article 13 for agencies managing provincial funds or commune-level People’s Committees as a basis to formulate collection plans.
b) Provincial Social Insurance agencies shall be responsible for cooperating with and directing local grassroots Social Insurance Agencies to provide information on the number of civil servants, public employees, persons paid wages, salaries, allowances, employees working in agencies, organizations and employees working under labor contracts of domestic and foreign economic organizations participating social insurance under their management for agencies managing provincial funds, People's Committees of communes as a basis for the formulation of collection plans.”.
Article 18. Amendments to clause 2 Article 16:
“2. Based on expenditures of provincial funds prescribed in clause 1 of this Article and the amounts actually collected at specific local levels, provincial People’s Committees may decide to distribute the following amounts to commune-level People's Committees as follows:
a) Commune-level People’s Committees retain up to 28% of contributions collected at communes to pay remunerations to directly collecting forces (5% or below); overheads incurred from collection of contributions (3% or below) and costs of performance of disaster management tasks at the commune level (20% or less). The remaining amount of contributions (at least 72% of contributions collected at communes) shall be deposited in accounts of provincial funds. Regarding communes with special difficulties at coastal areas, islands and zone-III communes, the provincial People's Committees shall decide to allocate commune-level People’s Committees the minimum amount that must be equal to the amounts that communes (other than those mentioned above) are allocated at the lowest rates.
b) After commune-level People’s Committees report on cost settlement, the provincial People's Committees shall recover allocations if there is any residual balance, or decide the allocation when the funding for performing natural disaster management tasks at the commune level is used up.”.
Article 19. Amendments to clause 4 Article 19:
“4. Provincial and commune-level Fatherland Front agencies shall be entitled to request provision of information about funds and exercise the supervisory right through opinions, proposals and criticism.”.
Article 20. Amendments to some clauses of Article 20:
1. Clause 2 Article 20 shall be amended as follows:
“2. Commune-level People’s Committees must publicize the results of collection and payment, the lists of employees, domestic and foreign economic organizations that have paid contributions to funds within communes; total funding allocated for disaster management activities and spending details in the following forms: public explanatory reports presented at annual review meetings, posted at the head offices of the commune-level People's Committees, commune-level People's Committees’ web portals and on local mass media.”.
2. Clause 4 Article 20 shall be amended as follows:
“4. Agencies running provincial funds shall publicize collection results, lists and rates of collection at specific agencies, organizations, units and communes; balances of revenue and expenditure; spending details within communes in the following forms: sending them to the agency running VNDMF; posted at the head offices of provincial funds; notified in writing to agencies or organizations contributing to funds; publicized on the web portals of provincial funds or provincial People's Committees.”.
Article 21. Annulment of some phrases and clauses
1. Clause 3 Article 20 shall be annulled.
2. The phrase “cấp huyện” (district) in clause 2 Article 17; clause 4 Article 24 shall be annulled.
Article 22. Replacement of some phrases:
1. The phrase “Bộ Nông nghiệp và Phát triển nông thôn” (Ministry of Agriculture and Rural Development) shall be replaced by the phrase “Bộ Nông nghiệp và Môi trường" (Ministry of Agriculture and Environment) in clause 2 Article 3; clause 1 Article 5; Article 8; clause 2 Article 23; clauses 1 and 2 Article 24.
2. The phrase “Bộ trưởng Bộ Nông nghiệp và Phát triển nông thôn” (Minister of Agriculture and Rural Development) shall be replaced by the phrase “Bộ trưởng Bộ Nông nghiệp và Môi trường" (Minister of Agriculture and Environment) in clauses 2 and 3 Article 5; Article 21; clause 2 Article 22.
3. The phrase “quyết định của Ủy ban Dân tộc” (decision issued by the Committee for Ethnic Minority Affairs) shall be replaced by the phrase “quy định của Bộ Dân tộc và Tôn giáo” (regulations issued by Ministry of Ethnic and Religious Affairs) in point h clause 1 Article 13.
4. The phrase “Ủy ban nhân dân cấp huyện, xã” (the district- or commune-level People’s Committee) shall be replaced by the phrase “Ủy ban nhân dân cấp xã” (the commune-level People’s Committee) in clause 4 Article 11; clause 6 Article 15.
5. The phrase “Ủy ban nhân dân cấp huyện” (the district-level People’s Committee) shall be replaced by the phrase “Ủy ban nhân dân cấp xã” (the commune-level People’s Committee) in point k clause 1 Article 13; clause 1 Article 14; clause 3 Article 17.
6. The phrase “Chủ tịch Ủy ban nhân dân cấp huyện” (the Chairperson of district-level People’s Committee) shall be replaced by the phrase “Chủ tịch Ủy ban nhân dân cấp xã” (the Chairperson of commune-level People’s Committee) in clause 2 Article 14.
7. The phrase “tài khoản ở cấp huyện” (accounts at the district level) shall be replaced by the phrase “tài khoản ở cấp xã” (accounts at the commune level) in clauses 1, 2 and 3 Article 15.
8. The phrase “Thanh tra, kiểm tra” (inspection and examination) shall be replaced by the phrase “Kiểm tra” (inspection) in point d clause 1 Article 24.
Chapter III
AMENDMENTS TO SOME ARTICLES OF GOVERNMENT’S DECREE NO. 9/2025/ND-CP DATED JANUARY 10, 2025 ON POLICIES ON SUPPORT FOR AGRICULTURAL PRODUCTION FOR REVIVAL OF PRODUCTION OF AREAS SUFFERING FROM LOSSES CAUSED BY NATURAL DISASTERS AND PLANT DISEASES
Article 23. Amendments to clause 2 Article 6:
“2. Procedures and responsibilities for support for losses due to natural disasters and plant diseases except for the case specified in clause 1 of this Article:
a) The Chairperson of commune-level People’s Committee shall establish an inspection team, including representatives of the commune-level People’s Committee, local political-social organizations, and representatives of villages and residential groups. The inspection team shall cooperate with production facilities to conduct statistics and assess the extent of damage and specific support needs to be reported to the commune-level People’s Committee.
b) The commune-level People’s Committee shall conduct appraisal and decide support within its jurisdiction or send a consolidated report to the provincial People’s Committee, using the Form in the Appendix enclosed with this Decree.
c) On the basis of the report sent by the commune-level People’s Committee, the agriculture and environment agency affiliated to the provincial People’s Committee shall be responsible for conducting appraisal and requesting the provincial People’s Committee to approve and allocate local government budgets and other lawful financial sources to promptly meet the needs for support for revival of production in areas suffering from losses caused by natural disasters and plant diseases as prescribed in this Decree.”.
Article 24. Amendments to clause 3 Article 8:
“3. The Vietnam Fatherland Front Committee at all levels shall preside over and cooperate with relevant organizations in supervising support for agricultural production for revival of production in areas suffering from losses caused by natural disasters and plant diseases.”.
Article 25. Amendments to clause 1 Article 9:
“1. Direct preparation of statistics and assessment of damages caused by natural disasters and plant diseases, proactively provide support using local governments budget, other legal financial resources for prompt revival of production in areas suffering from losses caused by natural disasters and plant diseases; prepare a consolidated report, propose financial support from state budget reserve to the Ministry of Finance that will send a consolidated report to the Prime Minister as prescribed by law, and take responsibility for the accuracy of statistics, and at the same time, submit a report to the National Civil Defense Steering Committee for consolidation in accordance with the law.
Article 26. Annulment of the phrase “cấp huyện” (district) clause 2, clause 4 Article 9.
Article 27. Replacement of some phrases:
1. The phrase “Bộ Nông nghiệp và Phát triển nông thôn” (Ministry of Agriculture and Rural Development) shall be replaced by the phrase “Bộ Nông nghiệp và Môi trường" (Ministry of Agriculture and Environment) in clause 1 Article 8; clause 5 Article 9.
2. The phrase “UBND cấp huyện, xã” (the district- or commune-level People’s Committee) shall be replaced by the phrase “UBND cấp xã” (the commune-level People’s Committee) in Notes of Forms No. 01, 02, 03, 04 and 05 in the Appendix enclosed with the Decree No. 9/2025/ND-CP dated January 10, 2025.
3. The phrase “UBND cấp huyện” (the district-level People’s Committee) shall be replaced by the phrase “UBND cấp xã” (the commune-level People’s Committee) in Notes of Forms No. 01, 02, 03, 04 and 05 in the Appendix enclosed with the Decree No. 9/2025/ND-CP dated January 10, 2025.
4. The phrase “Địa phương (tỉnh, huyện, xã)” (provincial/district/commune-level authority) shall be replaced by the phrase “Địa phương (tỉnh, xã)” (provincial/commune-level authority) in Statistical tables of Forms No. 01, 02, 03, 04 and 05 in the Appendix enclosed with the Decree No. 9/2025/ND-CP dated January 10, 2025.
Chapter IV
AMENDMENTS TO SOME ARTICLES OF GOVERNMENT’S DECREE NO. 113/2007/ND-CP DATED JUNE 28, 2007 ON ELABORATION AND GUIDANCE ON ENFORCEMENT OF A NUMBER OF ARTICLES OF THE LAW ON DIKES
Article 28. Amendments to clause 1 Article 1:
“1. Scope
This Decree elaborates and provides guidance on enforcement of Article 4, Article 6, Article 26, clauses 2 and 4 of Article 27, clause 2 of Article 37, and Article 46 of the Law on Dikes.”.
Article 29. Amendments to clauses 2 and 3 Article 2
“2. The Ministry of Agriculture and Environment shall decide grade of each dike line.
3. The provincial People’s Committee shall be responsible for reviewing and adjusting dike grades on the basis of the criteria specified in clause 3, Article 4 of the Law on Dikes in conformity with local socio-economic development, and submitting them to the Ministry of Agriculture and Environment for decision.”.
Article 30. Amendments to title and addition of clause 4 after clause 3 of Article 3:
1. Title of Article 3 shall be amended as follows:
“Article 3. State's policies on dikes as specified in Article 16 of the Law on Dikes:".
2. Clause 4 shall be added after clause 3 as follows:
“4. Investing in dikes and prioritizing investments in key dike lines and dike lines associated with national defense and security; promptly allocating funding for construction, repair, maintenance, ad-hoc (emergency/urgent) handling, and reinforcement of dikes. The Ministry of Agriculture and Environment shall prescribe contents and procedures for maintenance and ad-hoc (emergency/urgent) handling of dike incidents covered by state budget; and decide to authorize the Department of Agriculture and Environment to use central government budget to maintain and emergently/urgently handle dike incidents. The Ministry of Finance shall preside over and cooperate with the Ministry of Agriculture and Environment in providing guidance on management and use of state budget for maintenance and ad-hoc (emergency/urgent) handling of dikes, including funding for expenditures authorized by the Ministry of Agriculture and Environment to the Department of Agriculture and Environment.”.
Article 31. Amendments to title and clause 2 Article 5
1. Title of Article 5 shall be amended as follows:
“Article 5. Use of river terraces, islets or eyots where no construction work is constructed in accordance with point c clause 3 Article 26 of the Law on Dikes:”.
2. Clause 2 shall be amended as follows:
“2. Comply with plannings for water resources, irrigation, and management of natural disasters; plannings for dikes and flood control for river routes with dikes; provincial planning; land-use planning; and planning in accordance with the law on urban and rural planning approved by competent authorities.”.
Article 32. Amendments to Article 6
“Article 6. Elaboration of clauses 2 and 4 Article 27 of the Law on Dikes:
1. On the basis of plannings for water resources, irrigation, and management of natural disaster; dike and flood control plannings for river routes with dikes; and provincial planning approved by competent authorities, provincial People’s Committees shall:
a) Organize formulation and adjustment to land-use planning and planning in accordance with the law on urban and rural planning related to protection of river terraces, islets or eyots; and submit such plannings to competent authorities for approval or approve them within their jurisdiction;
b) Placing boundary markers on-site in accordance with the planning;
c) Determine the number of works/houses to be relocated;
d) Make plans and take measures for relocation.
2. The deadline for relocation of an existing work/house that must be relocated within the dike protection area and on river terrace, islet or eyot is regulated as follows:
a) The work/house existing in an area affected by land slide must be relocated immediately to ensure the safety of people's lives and property;
b) The work/house existing in the dike protection area must be relocated before December 31, 2030;
c) The existing work/house that is inconsistent with the approved plannings for water resources, irrigation, and natural disaster management; dike and flood control plannings for river routes with dikes; and provincial planning must be relocated by December 31, 2030.
3. The use of areas of land interspersed in existing works and houses existing in river terraces, islets or eyots shall be considered when the requirements for flood control and dike safety are met. To be specific:
a) In densely populated areas that are maintained and protected as defined in the dike and flood control plannings for river routes with dikes and specified in the provincial planning, provincial People’s Committees shall be responsible for specifically identifying densely populated areas that are maintained and protected as defined in the provincial planning in conformity with the dike and flood control plannings for river routes with dikes approved by competent authorities;
b) New works/houses may be constructed with priority given to relocation and public works;
c) People’s Committees at all levels and households must make proactive plans to ensure safety in case of major floods regarding densely populated areas that are maintained and protected as defined in the dike and flood control plannings for river routes with dikes and the provincial planning;
d) Provincial People’s Committees shall prescribe the issuance of construction permits for new works and houses as specified in point b, clause 3 of this Article. Each construction permit must clearly specify the scale of works and construction solutions to control flood and ensure safety of dikes, in accordance with this Decree, land law, construction law, and other relevant regulations; the competent permit issuer shall be held responsible for his/her decision.
4. Policies on existing works/houses that must be relocated within the dike protection areas and on river terraces, islets or eyots shall be implemented as follows:
a) Lawful works and houses shall be compensated in accordance with the law;
b) Provincial People’s Committees shall decide the specific level of assistance for illegal works and houses.
5. Construction projects that have been approved before the effective date of the Ordinance on Dikes (January 1, 2001), but have not yet been implemented or completed, may continue to be implemented if they are consistent with the plannings specified in the Law on Dikes and applicable regulations. Provincial People’s Committees shall be responsible for reviewing and making specific decisions on each of these projects.”.
Article 33. Amendments to clause 1 Article 7:
“1. Dike management force in a province/city (hereinafter referred to as”province”) where dikes exist shall be organized into Dike Management Office within the scope of a commune, ward, special zone, or a group of communes, wards, and special zones.
Dike Management Office is a unit under the Sub-Department in charge of state management of dikes and natural disaster management affiliated to the Provincial Department of Agriculture and Environment; it shall have its own head office, seal, and account.”.
Article 34. Annulment of clause 4 in Article 9
Article 35. Replacement of the phrase “Bộ Nông nghiệp và Phát triển nông thôn” (Ministry of Agriculture and Rural Development) by the phrase “Bộ Nông nghiệp và Môi trường" (Ministry of Agriculture and Environment) in clause 3 Article 8.
Chapter V
AMENDMENTS TO SOME ARTICLES OF GOVERNMENT’S DECREE NO. 04/2011/ND-CP DATED JANUARY 14, 2011 ON TERMINATION OF USE OF FLOOD DIVERSION AND ATTENUATION AREAS WITHIN THE RED RIVER SYSTEM
Article 36. Amendments to clauses 1 and 2 Article 1
“1. The use of Tam Thanh and Lap Thach flood attenuation areas in Phu Tho province, Luong Phu - Quang Oai and Ba Vi flood attenuation areas in Hanoi city, and the Day River's flood diversion system (as stipulated in Regulations on flood diversion and attenuation in the Red River system for assurance of the safety of Hanoi Capital, issued together with the Decree No. 62/1999/ND-CP dated July 31, 1999) shall be terminated from the date the Son La Hydropower Project is officially implemented to participate in flood control for downstream areas.
2. Flood control solutions for the Red River system must be adjusted to ensure the safety of Hanoi Capital and the Red River Delta in accordance with the dike and flood control planning for river routes with dikes, in accordance with regulations of clause 1.”.
Article 37. Amendments to clause 4 Article 2:
“4. Improve and upgrade the Red River - Thai Binh River dike system and dikes protecting Tam Thanh, Lap Thach, Luong Phu - Quang Oai, and Ba Vi areas to meet design standards.”.
Article 38. Amendments to some clauses of Article 3
1. Clauses 4,5,6,7 and 8 shall be amended as follows:
“4. Ministry of Agriculture and Environment:
a) Preside over and cooperate with ministries, central and local authorities in organizing the formulation and adjustment to dike and flood control plannings for river routes with dikes in the Red River and Thai Binh River system, and approving such plannings within its jurisdiction;
b) Preside over and cooperate with People’s Committees of Hanoi city and Ninh Binh province in organizing the formulation and adjustment to dike and flood control plannings for river routes with dikes in the Day River, and approving such plannings within its jurisdiction;
c) Direct prediction and warnings and timely provide rainfall and flood data (on an hourly basis) for the National Civil Defense Steering Committee and relevant agencies to advise the Prime Minister on ordering the operation of the Day River’s headworks when flood with a return period of over 500 years is forecasted for the Red River system, or when a serious incident occurs within the dike system of Hanoi's inner city;
d) Direct and inspect the improvement and upgradation of dike lines protecting Tam Thanh, Lap Thach, Luong Phu - Quang Oai, and Ba Vi areas.
5. The Ministry of Finance shall preside over and cooperate with the Ministry of Agriculture and Environment and People’s Committees of Hanoi city, Phu Tho, and Ninh Binh provinces in developing investment mechanisms to raise funding for implementation of the solutions specified in clauses 3 and 4, Article 2 of this Decree, and submit them to the Prime Minister for decision.
6. People’s Committees of Hanoi city and Ninh Binh province:
a) Organize formulation and adjustment to flood control plans for river routes with dikes and a Day River’s dike system development plan under their management as specified in provincial plannings, in conformity with plannings for water resources, irrigation, and natural disaster management, and dike and flood control plannings for river routes with dikes of the Red River - Thai Binh River system and the Day River system;
b) Direct formulation, approval of adjustments, or request competent authorities to approve adjustments to land-use planning; re-arrange population and develop infrastructure in accordance with water resource, irrigation, and natural disaster management plannings; dike and flood control plannings for river routes with dikes; and provincial planning;
c) Organize management and implementation of plannings as prescribed; invest in projects according to plannings.
7. People's Committees of Ha Noi city and Phu Tho province shall direct and organize improvement and upgradation of dike lines protecting Tam Thanh, Lap Thach, Luong Phu-Quang Oai, Ba Vi areas in accordance with design standards.
8. People’s Committees of provinces and cities where dikes exist under the Red River-Thai Binh River system shall direct and organize improvement and upgradation of dike lines in accordance with design standards.”.
2. Clause 9 shall be added after clause 8 as follows:
“9. The People's Committee of Ha Noi city shall direct survey and assessment of existing flood diversion headworks on the Day River; decide solutions for renovation or construction, and management of investment in headworks to fulfill the objectives and tasks prescribed in clause 3, Article 2 of this Decree.”.
Article 39. Replacement of some phrases:
1. The phrase “Ban Chỉ đạo phòng, chống lụt, bão Trung ương” (central anti-flood and -storm board) shall be replaced by the phrase “Ban Chỉ đạo Phòng thủ dân sự quốc gia” (National Civil Defense Steering Committee) in title of Article 3.
2. The phrase “Trưởng Ban Chỉ đạo phòng, chống lụt, bão Trung ương” (Head of central anti-flood and -storm board) shall be replaced by the phrase “Trưởng ban Chỉ đạo Phòng thủ dân sự quốc gia” (the Head of National Civil Defense Steering Committee) in clause 1 Article 3, clause 3 Article 4.
Article 40. Annulment of clause 3 Article 3
Chapter VI
AMENDMENTS TO TITLES AND SOME ARTICLES OF GOVERNMENT’S DECREE NO. 53/2019/ND-CP DATED JUNE 17, 2019 ON ELABORATION OF FORMULATION, APPRAISAL, APPROVAL OF AND ADJUSTMENT TO PLANNINGS FOR IRRIGATION; DIKES; FLOOD CONTROL FOR RIVER ROUTES WITH DIKES
Article 41. Amendment to title of the Government’s Decree No. 53/2019/ND-CP dated June 17, 2019:
“This Decree elaborates formulation, appraisal, approval of and adjustment to dike and flood control plannings for river routes with dikes.”.
Article 42. Amendments to Article 1:
“Article 1. Scope
This Decree prescribes formulation, appraisal, approval of and adjustment to dike and flood control plannings for river routes with dikes (hereinafter referred to as "plannings").".
Article 43. Amendments to Article 2:
“Article 2. Regulated entities
This Decree applies to agencies, organizations, and individuals involved in formulation, appraisal, approval of and adjustment to dike and flood control plannings for river routes with dikes, and other relevant agencies, organizations, and individuals.”.
Article 44. Amendments to clause 5 Article 5:
“5. The planning-formulating agency shall finalize the planning on the basis the planning appraisal council’s conclusion and submit it to the Minister of Agriculture and Environment for approval.”.
Article 45. Amendments to clause 2 Article 10:
“2. Principles and contents of dike and flood control plannings for river routes with dikes shall comply with the Law on Dikes.”.
Article 46. Amendments to Article 16:
“Article 16. Approval of planning
The planning-formulating agency shall request the Minister of Agriculture and Environment to approve the planning. The application for approval includes:
1. Written request for approval.
2. Draft Decision issued by the Minister of Agriculture and Environment on approval of the planning, which primarily includes planning period, planning scope, viewpoints, objectives, solutions, funding for, and organization of implementation.
3. Planning appraisal report.
4. Report on explanation and receipt of opinions from the planning appraisal council.
5. Consolidated report on opinions given by agencies, organizations, communities, and individuals on the planning; copies of opinions of ministries, ministerial-level agencies, and provincial People’s Committees within the planning scope; and report on explanation and receipt of opinions on the planning.
6. Adjusted and completed report on explanation of the planning.
7. Report on result of appraisal of strategic environmental assessment report.
8. System of diagrams and maps of the planning.”.
Article 47. Amendments to Article 17:
“Article 17. Jurisdiction to adjust plannings
The Minister of Agriculture and Environment shall decide to approve adjustments to dike and flood control plannings for river routes with dikes.”.
Article 48. Amendments to Article 18:
“Article 18. Planning adjustment bases
Bases for adjustment to dike and flood control plannings for river routes with dikes shall comply with the Law on Planning and the Law on Dikes.”.
Article 49. Amendments to point c clause 2 Article 19:
“c) The Minister of Agriculture and Environment shall consider making decision.”.
Article 50. Amendments to some clauses of Article 20
1. Clause 1 shall be amended as follows:
“1. Promulgate or request competent authorities to promulgate and implement legislative documents on dike and flood control plannings for river routes with dikes.”.
2. Clause 9 shall be amended as follows:
“9. Conduct inspection, settle complaints and denunciations and handle violations against law on planning.”.
Article 51. Amendments to clauses 1 and 2 Article 22:
“1. Direct and organize implementation of plannings; cooperate with the Ministry of Agriculture and Environment in plannings.
2. Ensure that dike and flood control-related contents in the provincial planning are consistent with dike and flood control plannings for river routes with dikes.”.
Article 52. Replacement of some phrases in points, clauses and articles:
1. The phrase “Bộ Nông nghiệp và Phát triển nông thôn” (Ministry of Agriculture and Rural Development) shall be replaced by the phrase “Bộ Nông nghiệp và Môi trường" (Ministry of Agriculture and Environment) in Article 3; clauses 1 and 2 of Article 5; clauses 1, 2, and point c, clause 8 of Article 7; clause 1 and point b, clause 2 of Article 8; clause 2 and point a, clause 3 of Article 11; clause 1, points a and c, clause 2 of Article 12; clause 6 of Article 15; point a, clause 2 of Article 19; title of Article 20; Article 21; clauses 3, 4, and 5 of Article 22; and clause 2 of Article 24.
2. The phrase “thủy lợi” (irrigation) shall be replaced by the phrase “đê điều” (dikes) in Article 3.
Article 53. Annulment of some phrases, clauses and Articles:
1. The phrase “Bộ Kế hoạch và Đầu tư” (Ministry of Planning and Investment) in clause 2 Article 7; clause 3 Article 22 shall be annulled.
2. The phrases “Kế hoạch và Đầu tư” (Planning and Investment),”, “Tài nguyên và Môi trường” (Natural Resources and Environment),”, and “Giao thông vận tải" (Transport) in clause 1, Article 11 and point c, clause 2, Article 12 shall be annulled.
3. Article 9, clauses 1 and 3 Article 10 shall be annulled.
Chapter VII
AMENDMENTS TO SOME ARTICLES OF THE GOVERNMENT’S DECREE NO. 50/2020/ND-CP DATED APRIL 20, 2020 ON RECEIPT, MANAGEMENT AND USE OF INTERNATIONAL EMERGENCY AID FOR DISASTER RECOVERY AND RELIEF
Article 54. Amendments to Article 1:
“Article 1. Scope
This Decree prescribes receipt, management and use of international emergency aid for disaster recovery and relief; international aid for preparation of response to natural disaster in Vietnam (hereinafter referred to as “aid”).”.
Article 55. Amendments to clause 2 Article 2:
“2. Aid recipients that are organizations established under Vietnamese law whose functions, duties and operations align with the objectives and contents of the aid received, including:
a) Ministries, ministerial-level agencies, Governmental agencies;
b) Vietnam Fatherland Front Central Committee and provincial Committees of Vietnam Fatherland Front;
c) People’s Committees of provinces and central-affiliated cities.”.
Article 56. Amendments to some clauses of Article 3
1. Clauses 1 and 2 shall be amended as follows:
“1. “International emergency aid for relief” (hereinafter referred to as “relief aid”) means a not-for-profit grant from an aid provider that is approved and used for relief prescribed in clause 1 Article 32 of the Law on Natural Disaster Management within 06 months after a natural disaster happens.
2. “International emergency aid for disaster recovery” (hereinafter referred to as “disaster recovery aid”) means a not-for-profit grant from an aid provider that is approved and used for the recovery prescribed in clause 1 Article 30 of the Law on Natural Disaster Management within 12 months after a natural disaster happens.”.
2. Clause 2a shall be added to Article 3 as follows:
“2a. “International aid for preparation of response to natural disaster” (hereinafter referred to as “disaster response preparation aid”) means a not-for-profit grant from an aid provider that is used for preparation of response to, recovery from disaster and relief as prescribed in clause 9 Article 13, clause 1 Article 30, clause 1 Article 32 of the Law on Natural Disaster Management with specified scale, time and location when any natural disaster happens.”.
Article 57. Amendments to clause 1 Article 5:
“1. Rents for warehouses and yards for aid receipt, transport and other relevant costs shall be covered by state budget allocated to Civil Defense Steering Committees under ministries, central and local authorities and other lawful sources. Funding sources and responsibility for allocation of funding must be stated in the aid receipt decision that is approved by the competent authority.”.
Article 58. Amendments to titles of Chapters II and III
1. Title of Chapter II shall be amended as follows:
"Chapter II
RECEIPT OF INTERNATIONAL EMERGENCY AID FOR RELIEF”
2. Title of Chapter III shall be amended as follows:
"Chapter III
RECEIPT OF INTERNATIONAL EMERGENCY AID FOR DISASTER RECOVERY”
Article 59. Amendments to some points and clauses of Article 8:
1. Clause 1 shall be amended as follows:
"1. Competence in approval of relief aid receipt:
a) The Prime Minister is competent to approve receipt of aid concerning national defense and security and religions, and aid containing goods requiring the Prime Minister’s permission to be imported according to regulations of laws;
b) Heads of the authorities/organizations mentioned in clause 2 Article 2 of this Decree are competent to approve receipt of aid not regulated by points a and c herein;
c) The President of the Central Committee of the Vietnam Fatherland Front is competent to approve receipt of aid whose supervisory authorities have not yet been identified.”.
2. Points a and b clause 2 shall be amended as follows:
“a) The supervisory authority shall submit an application for approval of relief aid receipt to the Ministry of Agriculture and Environment;
b) The Ministry of Agriculture and Environment shall preside over gathering opinions of relevant regulatory bodies via meetings or documents or other methods and consolidating and submitting these opinions to the Prime Minister within 03 days from the date of receipt of a valid application;”.
3. Point c clause 3 shall be amended as follows:
"c) The head of supervisory authority shall consider approving relief aid receipt;”.
Article 60. Addition of clause 3 after clause 2 Article 11:
“3. The Central Committee of the Vietnam Fatherland Front shall preside over receipt of aid whose supervisory authorities have not yet been identified.”.
Article 61. Amendments to Article 12:
“Article 12. Decision on guidelines and adjustments to Decision on guidelines for disaster recovery aid receipt for the cases requiring the Prime Minister’s approval
1. The Prime Minister is competent to approve guidelines or adjust decision on guidelines for receipt of the following types of disaster recovery aid:
a) Aid concerning national defense and security and religions;
b) Aid for procurement and provision of goods requiring the Prime Minister’s permission.
2. Procedures for decision on guidelines and adjustments to Decision on guidelines for disaster recovery aid receipt for the cases requiring the Prime Minister’s approval
a) The supervisory authority shall submit an application for approval of guidelines or adjustment to decision on guidelines for disaster recovery aid receipt together with the disaster recovery aid document to the Ministry of Agriculture and Environment for appraisal;
b) Within 03 working days from the date of receipt of the application for approval of guidelines for aid receipt from the supervisory authority, the Ministry of Agriculture and Environment shall request relevant regulatory bodies to give their opinions on the necessity and objectives of the aid, aid source, conditions of the aid provider (if any) and Vietnam’s capacity to satisfy such conditions within 05 working days from the date of receipt of the request for their opinions;
c) Regarding an application for adjustment to decision on guidelines for aid receipt, the supervisory authority shall send a written request for adjustment to decision on guidelines for disaster recovery aid receipt to the Ministry of Agriculture and Environment. Within 03 working days from the date of receipt of the written request from the supervisory authority, the Ministry of Agriculture and Environment shall preside over collecting opinions from relevant agencies if necessary, and such agencies shall give written response within 05 working days from the date of receipt of the written request from the Ministry of Agriculture and Environment;
d) Within 05 working days from the expiry date for collection of opinions from relevant agencies, the Ministry of Agriculture and Environment shall be responsible for conducting appraisal and requesting the Prime Minister to consider deciding guidelines or adjusting decision on guidelines for disaster recovery aid receipt, or responding to the supervisory authority in case where the draft Document requires explanation or adjustment;
dd) Within 05 working days from the date of receipt of appraisal opinions from the Ministry of Agriculture and Environment, the supervisory authority shall explain, receive opinions, and finalize the application before sending it to the Ministry of Agriculture and Environment. Within 05 working days from the date of receipt of the complete application, the Ministry of Agriculture and Environment shall consider submitting it to the Prime Minister;
e) The Prime Minister shall consider deciding guidelines or adjusting decision on guidelines for disaster recovery aid receipt.”.
Article 62. Amendments to Article 13:
“Article 13. Approval of or adjustment to disaster recovery aid document
1. Regarding disaster recovery aid specified in clause 1 Article 12, the head of supervisory authority shall, pursuant to Decision on guidelines, adjusted Decision on guidelines for aid receipt, approve or adjust disaster recovery aid document.
2. Regarding disaster recovery aid not specified by clause 1 Article 12 of this Decree:
a) The supervisory authority shall collect opinions from relevant regulatory bodies and local governments if necessary;
b) The opinions shall focus on suitability of the aid for the current situation of the relevant ministries, regulatory bodies and local governments; suitability of the aid distribution plan; aid source; commitments and conditions of the aid provider and other parties (if any); capacity to meet such commitments and conditions; effect and sustainability after the aid is used; or changes if the document requires adjustment.
c) A request for opinions includes the proposal for approval of or adjustment to the disaster recovery aid document from the aid manager; notification of or agreement on contents of the aid from the aid provider or contents to be adjusted; and draft disaster recovery aid document; draft disaster recovery aid document adjusted;
d) The relevant regulatory bodies and local governments shall give their opinions within 05 working days from the date of receipt of the request for their opinions from the supervisory authority;
dd) On the basis of the opinions of the relevant regulatory bodies and local governments (if any), or in case opinions are not collected, the aid manager shall complete the disaster recovery aid document and propose the completed document to the supervisory authority to consider approving or adjusting the disaster recovery aid document;
e) After the disaster recovery aid document is approved or adjusted, the supervisory authority shall notify such approval/adjustment to the Ministry of Agriculture and Environment, Ministry of Finance and relevant regulatory bodies and local governments.”.
Article 63. Amendments to title of Chapter IV
“Chapter IV
IMPLEMENTATION MANAGEMENT”
Article 64. Addition of Article 15a after Article 15
"Article 15a. Principles of management of disaster response preparation aid
1. Disaster response preparation aid shall be managed according to the Government's regulations on management and use of official development assistance (ODA) and concessional loans; management and use of non-ODA grants offered by foreign agencies, organizations, and individuals to Vietnam.
2. Scale, time, and location of specific operations and the implementation plan which are not necessary to be determined during the project document approval process; shall be determined on the basis of an agreement between the aid provider and the recipient when it is necessary to prepare response to natural disaster.”.
Article 65. Amendments to clause 2 Article 18:
“2. For an aid (grant) for preparation of response to, recovery from disaster or relief, not yet incorporated into the estimate distributed/assigned by the competent authority, the aid recipient shall prepare an additional estimate according to regulations of laws on state budget or add such aid to the estimate of the following year to serve as a basis for bookkeeping of state budget revenues/expenditures.”.
Article 66. Amendments to point a clause 2 Article 19
“a) The aid manager/user shall submit an application to State Treasury to record the aid as state budget revenue and expenditure based on relevant documents and actual delivery of the goods;”.
Article 67. Addition of Article 20a after Article 20
“Article 20a. State and specialized inspections of in kind aid imported
In kind aid imported for relief and disaster recovery shall be exempt from state and specialized inspections when imported, except for goods placed under special control as decided by Ministers of specialized ministries.”.
Article 68. Amendments to points c and dd clause 2 Article 27
“c) The supervisory authority shall report to the Ministry of Agriculture and Environment and the Ministry of Finance on aid receipt within 03 working days from the date on which the decision on reception and allocation of aid is approved;
d) The Ministry of Agriculture and Environment shall be responsible for sending a consolidated report to the Prime Minister on receipt, management and use of international emergency aid when requested.”.
Article 69. Replacement and annulment of some regulations:
1. The phrase “Bộ Nông nghiệp và Phát triển nông thôn” (Ministry of Agriculture and Rural Development) shall be replaced by the phrase “Bộ Nông nghiệp và Môi trường" (Ministry of Agriculture and Environment) in point a, point b clause 2 Article 8; clause 1 Article 30; point dd clause 1 Article 30.
2. Article 14 shall be annulled.
Chapter VIII
IMPLEMENTATION PROVISIONS
Article 70. Transitional provisions
1. If benefits and policies for communal voluntary forces in charge of disaster management prescribed in Articles 12 and 13 of this Decree are currently being considered and processed by competent authorities in accordance with the Decree No. 66/2021/ND-CP dated July 6, 2021, but a competent authority’s decision has not yet been issued by the effective date of this Decree, such benefits and policies shall be applied in accordance with this Decree.
2. If applications for registration of disaster response and recovery submitted by foreign organizations/individuals or international organizations in accordance with Article 11 of this Decree are currently being considered and processed by competent authorities in accordance with the Decree No. 66/2021/ND-CP dated July 6, 2021, but they have not been completely processed by the effective date of this Decree, regulations in the Decree No. 66/2021/ND-CP dated July 06, 2021 shall continue to be applied.
3. If disaster recovery aid for which guidelines are decided by the Prime Minister as specified in Article 61 and disaster recovery aid documents specified in Article 62 of this Decree have not yet been approved before the effective date of this Decree, regulations in this Decree shall apply.
Article 71. Effect
1. This Decree comes into force from the date on which it is signed.
2. Section 6 and the Appendix V in the Government’s Decree No. 131/2025/ND-CP dated June 12, 2025 shall be annulled.
3. Chapter VII in the Government’s Decree No. 136/2025/ND-CP dated June 12, 2025 shall be annulled.
4. Where any document cited in this Decree is amended or replaced, the newest document shall prevail.
Article 72. Implementation organization
Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, Chairpersons of People’s Committees at all levels, relevant organizations and individuals shall implement this Decree.
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ON BEHALF OF THE GOVERNMENT OF VIETNAM
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
(Signed and sealed)
Tran Hong Ha
(This translation is for reference only)
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