Disaster Management Law in Vietnam

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How Law and Regulations support Disaster Risk Reduction Lucia CipulloIFRC Regional Disaster Law DelegateDipecho workshopHanoi, December 2015

Disaster Law Programme

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Overview of presentation Background: what kind of laws and why are they important?Disaster law in Vietnam: VNRC & IFRC involvement Overview of Vietnam DRR law study: findings, gaps, conclusionsSome recent initiativesDevelopments in the Southeast Asia regionMoving forward


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Red Cross, disaster law, and resilient communities

189 National Red Cross/Red Crescent Societies worldwide, working everyday to keep communities resilient through education, information, training and school safety.Disaster risk reduction is at the heart of our mandate: helping communities prepare for and respond to disastersNS also working to support governments to strengthen resilience through the development and implementation of national disaster lawsThis work is particularly strong across the ASEAN region, especially in Vietnam


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What is disaster law?

The laws and regulations which:address the roles and responsibilities to manage and respond to disastersminimise impact of disasters reduce disaster risks


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The role of the RCRC in disaster law: keeping communities at the centre


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What kind of laws are we talking about? Strengthening DRR requires a broader DRM approach not just about DM lawFocus on different sectoral laws, including:


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Why does law matter? A foundation for effective disaster risk management and resilience

Certainty and predictability in a very complex environmentPromote whole of society approach: not just government and national authorities Outlines roles and responsibilities at all levels Mandate adequate resources


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Global Guidance: Sendai framework for DRR Priority 2: Strengthening disaster risk governance to manage disaster risk : Review and strengthen legal frameworks to enhance transparencyEnhance levels of compliance with safety-enhancing provisions of sectoral laws and regulations (building codes, urban planning) Assign clear roles to community representatives within legislation


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Regional frameworks AADMER Agreement: a binding regional cooperation agreement Governments in SEA must take legislative measures to implement the AADMER and development national laws that address response AND risk reduction


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RCRC tools: Law and Disaster Risk Reduction

Law and DRR studyDRR Law Checklist


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Disaster law in VietnamVNRC and IFRC published an IDRL study in 2009: focus on international assistanceContinued engagement with National Assembly and key partners during the new law making processIn 2013, the Law on Natural Disaster Prevention and Control was adopted with a chapter on international assistance (recommendations from RC) and an integrated DRR approach2014 DRR law study: examines how laws from different sectors can support disaster risk reduction e.g. land use planning, building codes etc.

Disaster Law Programme VNRC played a significant role in the development of the new law, as a member of the Central Committee on Flood and Storm Control

As a result of the advocacy undertaken by VNRC and IFRC, the Law on Natural Disaster Prevention and Control includes:A chapter on international assistance, based on the IDRL GuidelinesAn integrated, comprehensive, disaster risk reduction approachEncourages the participation of citizens, civil society, community leaders and the private sector in DRR/community-based disaster risk management (CBDRM) policy making processes at all levels

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DRR Law case study: 7 key areas

Disaster Law Programme Key findings and conclusions

Disaster Law Programme They key findings and conclusions can be summarized into four key areas: 13

1. Good practice Experience highlights why laws are important

The new DRM law integrates most legal issues related to DRR, but still many sectoral laws, regulations etc.

Legislation on structural prevention (e.g. establishment of dykes and drains to prevent flooding) and non- structural prevention (e.g. community awareness activities) = a substantial reduction in lives lost from flooding and storms.

According to MARD, the flood level in the Mekong Delta in southern Vietnam in 2011 was similar to 2000 BUT the number of deaths from floods dropped from 600 down to 60.


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1. Good practice (continued)Law and regulation protecting mangrove forestsBefore the introduction of the Law on Forest Development and Protection (2004) and Decree on Handling Environmental Violations (2009), mangrove forests were occasionally transformed into seafood farms.The enactment of these laws provided the basis to stop destruction of mangrove forests, which protect sea dykes and coastal areas and prevent flooding

Disaster Law Programme 2. Gaps in legal frameworkThe Natural Disaster Prevention and Control Law (2013) does not supersede / override all relevant lawsTherefore, the legal framework is spread out over a collection of laws, ordinances, decrees and decisions Link between climate change adaptation and DRR not clearly integrated Manmade / technological disasters not included in NDPC lawFurther develop institutional arrangements for coordination between different sectorsEnforcement lagging for building codes; land-use planning under-utilized as a DRR measure

Disaster Law Programme 3. Community level implementation NDPC Law contains provisions on community awareness raising and DRR at the commune levelThe government, VNRC and key partners are working to better address CBDRM through the 1002 schemeNeed to develop and sustain capacity in CBDRMat the time of writing, some informants suggested there was insufficient capacity to implement the 1002 scheme at all levels

Disaster Law Programme 4. Conclusions


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Some recent initiatives: peer to peer learning

Disaster Law Programme A lot of countries are looking toward Vietnam as an example of a country with a good system that addresses DRM not just in the law but in implementation at all levels. 19

Southeast Asia: making great progress in disaster law Brunei Darussalam Cambodia Indonesia Lao PDR Malaysia Myanmar Philippines Singapore Thailand Vietnam


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Moving forward Create awareness at all levels through targeted disseminations also builds capacity and understandingContinue to work on the implementing rules, circulars, decisions etc close existing gaps in the legal framework Use the DRR checklistImplementation is key! Capacity, sustainability, sector-wide approach


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Thank you for listening!

Questions? Comments?

Public website:www.ifrc.org/dl

Online library:https://sites.google.com/site/drrtoolsinsoutheastasia/

Email:[email protected]


FOR FURTHER INFORMATION PLEASE CONTACT:

Ms. Lucia CipulloRegional Disaster Law Delegate, Southeast Asia

International Federation of Red Cross and Red Crescent Societies (IFRC)

[email protected]


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Disaster Management Law in Vietnam

Government & Nonprofit

Transcript of Disaster Management Law in Vietnam