1. Legislative reform for disaster risk management (DRM) in Viet Nam

2. Members of the Legal Research Team: Senior consultant: –Mr. Bùi Nguyên Hồng International consultant: –Tessa Kelly National consultants: –Lý Vân Anh –Nguyễn Thị Lan Anh –Phạm Lan Dung (team leader)

3. 3 Year UNDP TA Project “Strengthening institutional capacity for disaster risk management in Viet Nam, including climate change-related disasters” Implemented with MARD Advance the initiatives and priorities outlined in the - The National strategy for Natural disaster Prevention, Response and Mitigation to 2020. -The Implementation Plan.

4. Those instruments state that the new law should based on –The Ordinance on flood and storm prevention and control (1993 – 2000). Department of Dyke Management and Flood Storm Control will take the lead This Law can be applied at national level in order to raise the responsibilities of authorities at all levels and all citizens in the field of natural disaster prevention, response and recovery.

5. 1.Review and analyse existing national legal framework and identify current gaps 2.Research the good practices of other countries in the Asia Pacific Region 3.Conduct consultations with relevant stakeholders – including government, civil society and international community = Provide expert advice to support the Government in proposing a new law on disaster risk management

6. Draft of Final report High-level conference (2/10) Conferences Interviews Public opinions (1/10) Finish Final report (3/10) Consultation Workshop with 3 provinces Workshop with JANI (11/09) Collecting research results Formulating proposals MID-TERM REPORT (12/09) Reviewing legal instruments Studying international practices (10/09)

7. Broad approach: regulating disasters which are defined by the severity of their impact, in conformity with the definition used in the UN International Strategy Disaster Reduction (ISDR) Narrow approach: regulating water-related disasters and natural disasters falling within mandate of MARD Feasible in a short period Suitable with Vietnam’s context Createsbasis for a new law which has a broader scope in the future.

8. International instruments: –The UN Framework Convention for Climate Change –The Kyoto Protocol –The Hyogo Framework for Action –ASEAN Agreement for Disaster Management and Emergency Response –IDRL Guidelines

9. Reviewed the DRM laws of: –Indonesia –Philippines –Japan –Thailand –Cambodia –China Common features in relevant laws of 5 countries:

10. Outline the process for declaring a disaster /state or emergency/ calamity Set minimum standards of relief with special provisions for vulnerable people Establish funds for DRM activities and accountability mechanisms for their use Enhance community and civil society participation Direct a paradigm shift from response to risk reduction Provide for the preparation of a detailed Disaster Management Plan Establish national disaster committees and outline their roles and responsibilities.

11. –Aspects of DRM are referred to in a range of different legal instruments, including the Law on Environment Protection, Law on Natural Resources, Law on Forest Protection and Development, Law on Dykes. –Different types of disaster are regulated by different Ordinances, Government’s Decrees and Ministerial Decisions –Many of the legal instruments overlap, or do not cross reference –Although new instruments address risk reduction, Vietnam’s current legal framework focuses more on preparedness and response. –Need for a comprehensive and cohesive new law on DRM

12. –Vietnam’s institutional structure consists of a range of bodies including the Central Steering Committee for Flood and Storm Control, Forest Fire Prevention and Control, Search and Rescue –These entities exist at both central and local levels, however, the allocation of tasks and functions is dispersed between different decrees and remains incoherent. –Workload and mandate of some entities exceed their current capacities, resources and position –Name, composition and functions of relevant bodies are constantly changing, with new legal instruments being issued

13. - The adoption of the Decree on Civil Defence may result in overlaps in functions of DRM bodies –Ambiguity in roles and responsibility lead to problems in coordination, problems in communication and delays –The team proposes a new National Committee for Disaster Risk Management with a National Disaster Risk Management Office

14. –The new law should specify that a percentage of annual state and local budgets be allocated to a DRM fund. –Current funds are mostly used for response and are not sufficient for risk management and reduction measures. –Independent funds should be set up in communal levels to ensure sufficient resources

15. Penalties are contained in different instruments relating to civil and criminal codes. The team proposes penal measures for obstructing DRM activities including: –Failing to comply with building standards required by relevant guidelines –Misusing DRM funds –Fraudulently or falsely claiming relief assistance

16. The law should encourage the participation of the international community and facilitate cooperation between these entities and government authorities Include clear coordinating mechanisms for engaging in DRM activities at central and provincial level Provide fast-track procedures for obtaining legal facilities (MOUs, visas, customs exemptions etc) in an emergency

17. What obstacles do you face in: -Implementing DRM Activities (risk reduction, preparedness, response, recovery) -Coordinating with other DRM actors -Communicating with government agencies, civil society and international community? How should a new law address these issues?

18. Thank you!!