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THE
NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
27/2001/QH10
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Hanoi,
June 29, 2001
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LAW
ON FIRE PREVENTION AND FIGHTING
In order to enhance the State management effectiveness
and heighten the entire population’s responsibility for fire prevention and
fighting; to protect the people’s life and health, the State’s, organizations’
and individuals’ properties as well as the environment, ensuring social
security, order and safety;
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam;
This Law provides for fire prevention and fighting.
Chapter I
GENERAL PROVISIONS
Article 1.- Scope of
regulation
This Law provides for fire prevention and
fighting, the building of forces, equipment of means, and policies for fire
prevention and fighting activities.
Article 2.- Subjects of
application
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Article 3.- Term
interpretation
In this Law, the following terms shall be
construed as follows:
1. Fire means a circumstance where occurs an
uncontrollable fire that may cause human and/or property losses as well as
environmental impacts.
2. Dangerous inflammables and explosives mean
liquid, gaseous or solid substances or goods, supplies, which are easy to burn
and/or explode.
3. Establishments collectively refer to
factories, enterprises, warehouses, working offices, hospitals, schools, theatres,
hotels, markets, trade centers, armed forces�
camps and other projects.
An agency or organization may own one or many
establishments.
4. Fire and explosion-prone establishments mean
those establishments that contain a certain quantity of dangerous inflammables
and explosives according to the Government�s
regulations.
5. Civil defense groups mean organizations
embracing people who participate in fire prevention and fighting activities,
maintaining security and order at their residential places.
6. Grassroots fire brigades mean organizations
of people who participate in fire prevention and fighting activities at their
working places.
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8. Fire fighting means activities of mobilizing
and deploying fight-fighting forces and means, switching off power, organizing
escape, rescuing people and properties, combating fire spread, extinguishing
fire and other activities related to fire fighting.
9. Forest owners mean agencies, organizations
and individuals assigned forests or allocated land for afforestation by
competent State bodies.
Article 4.- Fire
prevention and fighting principles
1. To mobilize the combined strength of entire
population for fire prevention and fighting activities.
2. To take prevention as key in the fire
prevention and fighting activities; to take initiative in fire prevention,
minimizing cases of fire and damage caused by fires.
3. To ready forces, means, plans and other
conditions for prompt and efficient extinguishment of fires when they occur.
4. All fire prevention and fighting activities
must, first of all, be carried out and handled by on-spot forces and means.
Article 5.-
Responsibilities for fire prevention and fighting
1. To prevent and fight fire is the
responsibility of every agency, organization, household or individual on the
territory of the Socialist Republic of Vietnam.
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3. The heads of agencies, organizations and
households shall have to organize and regularly inspect fire prevention and
fighting activities within the ambit of their respective responsibilities.
4. The fire fighting police shall have to guide
and inspect fire prevention and fighting activities of agencies, organizations,
households and individuals and perform fire-fighting task.
Article 6.-
Responsibility for propagation, popularization and education on fire prevention
and fighting
1. Information and propaganda agencies shall
have to organize the regular and widespread propagation and popularization of
fire prevention and fighting legislation and knowledge to all people.
2. Agencies, organizations and households shall
have to organize the propagation, education and popularization of fire
prevention and fighting legislation and knowledge for people under their
respective management.
Article 7.-
Responsibility of Vietnam Fatherland Front and its member organizations
Vietnam Fatherland Front and its member
organizations shall have to organize and coordinate with the functional
agencies in propagating and encouraging people from all walks of life to
implement the provisions of this Law and supervise the implementation thereof.
Article 8.- Issuance and
application of fire prevention and fighting standards
1. The competent State bodies shall have to
issue fire prevention and fighting standards after reaching agreement with the
Ministry of Public Security.
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Article 9.- Fire and
explosion insurance
Agencies, organizations and individuals having
establishments prone to fire and explosion shall have to buy compulsory insurance
for such establishments properties. The State encourages other agencies,
organizations and individuals to participate in fire and explosion insurance.
The Government shall prescribe lists of fire and
explosion-prone establishments, fire and explosion insurance conditions and
premiums, the minimum insurance money amount and the setting up of the
State-owned fire and explosion insurance business enterprises.
Article 10.- Policies
towards people participating in fire fighting
People who personally fight fires or participate
in fire fighting and get killed or injured or suffer from health or property
damage shall enjoy the regime and policies prescribed by law.
Article 11.- Day for
the entire population to participate in fire prevention and fighting
The 4th of October every year is the
"day for the entire population to participate in fire prevention and
fighting".
Article 12.-
International cooperative relations
1. The Socialist Republic of Vietnam expands and
develops international cooperative relations in fire prevention and fighting
activities.
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Within its conditions and capabilities, the
State of Vietnam is willing to assist and support other countries in fire
prevention and fighting when so requested.
Article 13.- Prohibited
acts
1. Intentionally causing fire or explosion, thus
harming people�s life
and health; causing material losses to the State, agencies, organizations and
individuals; exerting adverse impacts on the environment, social security,
order and safety.
2. Obstructing fire prevention and fighting
activities; opposing people performing the fire prevention and fighting task.
3. Taking advantage of fire prevention and
fighting activities to cause harms to people�s
life and health; infringe upon the properties of the State, agencies,
organizations and/or individuals.
4. Giving a sham fire alarm.
5. Illegally producing, storing, transporting,
preserving, using and/or trading in dangerous inflammables and/or explosives;
seriously violating the regulations on management and use of flame and heat
sources as well as the fire prevention and fighting standards set by the State.
6. Building fire- and explosion-prone projects
without approved designs on fire prevention and fighting; accepting and putting
to use fire- and explosion-prone projects when the fire prevention and fighting
safety conditions are not fully met.
7. Damaging, arbitrarily changing or removing
fire prevention and fighting means and equipment as well as signboards,
directory posts and emergency exits.
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Chapter II
FIRE PREVENTION
Article 14.- Basic
measures for fire prevention
1. Strictly managing and safely using
inflammables, explosives, flame and heat sources, flame- and/or heat-generating
equipment and devices as well as substances; meeting fire prevention safety
conditions.
2. Conducting regular and periodical inspection
to detect loopholes and shortcomings in fire prevention and fighting so as to
take timely remedies.
Article 15.- Designs on
fire prevention and fighting, examination and approval thereof
1. When elaborating planning or projects on the
construction or renovation of urban centers, population quarters, exclusive
economic zones, industrial parks, export processing zones or hi-tech parks, it
is necessary to map out solutions to and designs on fire prevention and
fighting, ensuring the following contents:
a/ The construction location, arrangement of
quarters and blocks;
b/ The traffic and water supply system;
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d/ The estimated funding for fire prevention and
fighting project items.
2/ When elaborating projects and designs for
construction or renovation of works or change of their use purposes, it is
necessary to work out solutions to and designs on fire prevention and fighting,
ensuring the following contents:
a/ The construction location, safe distances;
b/ The system of emergency exits;
c/ The technical system for fire prevention and
fighting safety;
d/ Other requirements on fire prevention and
fighting;
e/ The estimated funding for fire prevention and
fighting project items.
3. Projects and designs prescribed in Clauses 1
and 2 of this Article must be examined and approved in terms of fire prevention
and fighting.
4. The Government shall prescribe lists of
projects that require fire prevention and fighting designs, the design
examination and approval as well as the time limit therefor.
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1. Investors shall fill in the procedures for
submission and ratification of projects and designs on fire prevention and
fighting; may commence the construction only when the projects designs on
safety for fire prevention and fighting have been approved; organize the
inspection and supervision of construction, after-test acceptance and hand-over
of the projects before they are put to use.
In the process of project construction, if there
is any change in the designs, they shall have to give the exposition therefor
or make additional designs and get the re-approval thereof.
2. In the process of project construction, the
investors and contractors shall have to ensure the fire prevention and fighting
safety within the ambit of their respective responsibilities.
3. In the course of using projects, agencies,
organizations and/or individuals shall have to regularly inspect and maintain
fire prevention and fighting conditions.
Article 17.- Fire
prevention for dwelling houses and population quarters
1. Dwelling houses must be arranged with
electric systems, kitchens and worshipping places in a way to ensure safety;
inflammables and explosives must be kept far away from flame and heat sources;
facilities and means must be readied for fire fighting.
2. Villages, hamlets as well as urban quarters
shall have to work out regulations and rules on fire prevention and fighting,
the use of electricity, flame, inflammables and explosives; to map out
fire-prevention solutions; to elaborate plans, prepare forces and means for
fire prevention and fighting; to build passages and water sources in service of
fire prevention and fighting.
Article 18.- Fire
prevention for motorized transport means
1. Motorized transport means with 4 seats or
more and those transporting goods, dangerous inflammables and/or explosives must
satisfy the conditions prescribed by the State bodies in charge of fire
prevention and fighting.
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The Government shall specify the motorized
transport means subject to particular requirements on ensuring the fire
prevention and fighting safety.
3. Motorized transport means of international
organizations, foreign organizations or individuals, when entering the
Vietnamese territory, must ensure fire prevention and fighting safety
conditions as prescribed by Vietnamese law.
4. Owners, commanders and operators of transport
means shall have to ensure safety on fire prevention and fighting throughout
the course of operation of their means.
Article 19.- Fire
prevention for forests
1. The management, protection, development and
exploitation of forests must be based on the forest classification in order to
determine the safety protection areas for fire prevention and fighting; forests
must be classified according to the extent of fire danger and there must be
measures to ensure safety on fire prevention and fighting for each kind of
forest.
2. When elaborating the forest development
planning and projects, it is necessary to work out plans on fire prevention and
fighting for each kind of forest.
3. Establishments and dwelling houses in forests
or at forest edges, along roads or pipelines of dangerous inflammables and
explosives as well as power lines crossing forests or forest edges must ensure
safe distances and corridors for forest fire prevention and fighting as
prescribed by law.
4. Agencies, organizations, households and
individuals, when conducting activities in forests or at forest edges, must
observe this Law’s provisions on safety for fire prevention and fighting and
other law provisions.
5. The Government shall prescribe in detail the
forest fire prevention.
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1. Establishments locating on a certain area,
having managers, operating and requiring independent fire prevention and
fighting plans shall have to satisfy the following basic requirements:
a/ Having regulations and rules on fire
prevention and fighting safety;
b/ Having measures for fire prevention;
c/ Having fire-alarming, -fighting and
-insulating systems suited to the nature of the establishments operations;
d/ Having forces, means and other conditions
meeting the requirements on fire prevention and fighting;
e/ Having plans for fire fighting, escape,
rescue of people and properties and against fire spread;
f/ Earmarking fund for fire prevention and
fighting activities;
g/ Having dossiers for monitoring and managing
fire prevention and fighting activities.
2. For other establishments, they shall have to
meet the fire prevention and fighting requirements stipulated in Clause 1 of
this Article according to the scope and nature of their operations.
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Article 21.- Fire
prevention for exclusive economic zones, industrial parks, export processing
zones and hi-tech parks
1. In exclusive economic zones, industrial
parks, export processing zones and hi-tech parks, it is necessary to set up
full-time fire brigades, and devise fire prevention and fighting plans for the
whole areas.
2. Organizations and individuals having
establishments operating in the areas defined in Clause 1 of this Article shall
have to elaborate plans to ensure fire prevention and fighting safety; and set
up fire brigades.
Article 22.- Fire
prevention in the exploitation, processing, production, transportation,
trading, use and preservation of oil and gas products, other supplies and goods
prone to fire and explosion
1. At places of exploiting oil and gas, there
must be devices to detect and handle leak of inflammable gas; and plans on fire
prevention and fighting for each project as well as for a chain of projects.
2. At oil and gas product depots and
transportation system as well as oil and gas processing works, there must be a
system indicating and handling the concentration of petrol vapor, oil and gas;
and measures to protect tanks, equipment and pipelines against cracks or
breaks.
3. Oil and gas stores must ensure fire
prevention and fighting safety for adjacent constructions. The transportation,
export and import of oil and gas products must comply with the regulations on
fire prevention and fighting safety.
4. Organizations and individuals engaged in the
production, trading, service provision, supply and/or transportation of fire-
and/or explosion-prone supplies and goods must obtain written certification of satisfaction
of all fire prevention and fighting conditions; print technical parameters on
goods labels and issue documents in Vietnamese language guiding the fire
prevention and fighting safety.
5. People working in the environments with fire
and explosion danger or frequent contact with dangerous inflammables and
explosives must be trained and have certificates of professional training in
fire prevention and fighting.
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Article 23.- Fire
prevention for high-rises, projects on water surface, underground projects,
tunnels and other mineral exploitation projects
1. High-rises must have equipment to fight smoke
concentration and spread as well as toxic vapor from fires; and plans for
escape and on-spot fire fighting at places where outside fire-fighting means
are unable to provide support.
2. For projects on water surface, which are in
danger of fire or explosion, there must be plans, forces and means for on-spot
fire fighting and against fire spread.
3. Underground projects, tunnels and other
mineral exploitation projects must be equipped with devices to detect and treat
inflammable and toxic gas; have ventilating systems and conditions to ensure
the deployment of forces and means to rescue people and fight fires.
Article 24.- Fire
prevention in the production, supply and use of electricity as well as electric
equipment and instruments
1. Power plants, transformer stations and
electricity distribution stations must work out measures to take initiative in
handling fire incidents.
2. When designing, building and installing
electric system and equipment, it is necessary to ensure safety standards for
fire prevention and fighting.
3. Electric equipment and instruments used in
the environments facing fire or explosion danger must be those ensuring safety
against fire and explosion.
4. The electricity-supplying agencies,
organizations and individuals shall have to guide measures to ensure fire
prevention and fighting safety for electricity consumers.
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1. At big markets and trade centers, it is
necessary to separate electric systems into those for business, daily life,
security and fire fighting; arrange business households and business lines to
meet the requirements on fire prevention and fighting safety; and elaborate
plans for escape and goods release in case of fire.
2. At warehouses, it is necessary to separate
electric systems in service of production, safeguarding and fire fighting;
arrange supplies and goods so as to meet the requirements on fire prevention
and fighting safety. Storehouses of dangerous inflammables and explosives must
be the special-use ones.
Article 26.- Fire
prevention for ports, railway stations and car terminals
Airports, seaports, river ports, railway
stations and car terminals must organize forces and be equipped with fire-fighting
means according to the regulations of the Minister of Public Security; and have
plans for emergency escape, release of means, supplies and goods in case of
fire.
Article 27.- Fire
prevention for hospitals, schools, hotels, rest houses, dancing halls,
theatres, cinemas and other crowded places
At hospitals, schools, hotels, rest houses,
dancing halls, theatres, cinemas and other crowded places, there must be plans
for emergency escape; forces to guide and assist people, especially those
people who are unable to escape by themselves; and plans on coordination with
other forces in fire fighting.
Article 28.- Fire
prevention for working offices, libraries, museums and archives
At working offices, libraries, museums and
archives, it is necessary to arrange office equipment, files and documents so
as to ensure fire prevention and fighting safety; apply measures to strictly
control inflammables, flame sources, power sources, flame- and/or
heat-generating equipment, instruments and substances and other measures for
fire prevention after working hours.
Article 29.- Suspension
and termination of operations of establishments, motorized transport means,
households and individuals that fail to ensure fire prevention and fighting
safety
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a/ They are in danger of directly generating
fire or explosion;
b/ They have committed particularly serious
violations of the regulations on fire prevention and fighting;
c/ They have seriously violated the regulations
on fire prevention and fighting and been asked by the State bodies in charge of
fire prevention and fighting to redress their violations but failed to do so.
2. Establishments, motorized transport means,
households and individuals defined in Clause 1 of this Article that, past the
suspension time limit, fail to redress or cannot redress their violations,
thereby threatening to cause serious consequences, shall have their operations
terminated.
3. For cases of suspension, the operation can be
resumed only when the fire or explosion danger has been precluded or the
violations have been redressed and the competent agencies that have issued the
suspension decisions so permit.
4. The Government shall prescribe the scope of
operation suspension and termination, the time limit for operation suspension
and the agencies competent to decide the operation suspension or termination.
Chapter III
FIRE FIGHTING
Article 30.- Basic
fire- fighting measures
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2. Concentrating on the rescue of people and
properties and the fight against fire spread.
3. Unifying the fire-fighting command and
control.
Article 31.- Elaboration
and practicing of the fire-fighting plan
1. Every establishment, village, hamlet, urban
residential quarter, forest or special-use motorized transport means must have
a fire-fighting plan to be elaborated by the head of the establishment,
village, hamlet, urban residential quarter or owner of forest or means, and
approved by the competent authority.
2. The fire-fighting plan must be practiced
regularly according to the approval. When mobilized, all forces and means named
in the plan must participate in the practice.
Article 32.-
Notification of a fire and fire fighting
A fire shall be alarmed by signal or telephone.
The fire-alarming telephone number is provided
for uniformly throughout the country. Communication means must be prioritized
in service of fire alarming and fire fighting.
Article 33.-
Responsibility for fire fighting and participation therein
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2. Fire prevention and fighting forces shall,
when receiving fire alarms in localities under their respective management or
mobilization orders, have to immediately come to fight the fires; if receiving
fire alarms outside the areas under their management, they shall have to notify
the fire prevention and fighting forces in the concerned areas thereof, and at
the same time report such to their superior agencies.
3. The medical agencies, agencies in charge of
power supply, water supply, urban environment and traffic as well as the
concerned agencies, when receiving requests from fire-fighting commanders,
shall have to quickly send their personnel and means to the fires in service of
fire fighting
4. The police, militia and self-defense forces
shall have to maintain order, protect the fire-fighting area and take part in
fire fighting.
Article 34.-
Mobilization of forces and means for fire fighting
1. In case of fire, people, means and properties
of agencies, organizations, households and individuals may all be mobilized for
fight fighting and service of the fire fight; they shall also have to execute
orders immediately upon the receipt thereof. If the mobilized means and
properties are damaged or houses or projects are dismantled as prescribed at
Point d, Clause 1, Article 38 of this Law, compensation therefor shall be made
according to law provisions.
2. The mobilization of priority vehicles, people
and means of the army, international organizations, foreign organizations and
individuals in Vietnam for fire fighting shall comply with the Government’s
regulations.
Article 35.- Water
sources and fire-fighting materials
When fires occur, all water sources and
fire-fighting materials must be, first of all, used for fire fighting.
Article 36.- Priority
and ensuring of priority rights for people and means participating in fire
fighting
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2. Forces and means, while mobilized for fire
fighting, shall enjoy the following priority rights:
a/ Forces and means of the fire prevention and
fighting police shall be allowed to use priority sirens, lights, banners and
other special signals; and given priority on traffic roads as prescribed by
law;
b/ Other forces and means, when mobilized for
fire-fighting, shall enjoy priority rights as provided for at Point a of this
Clause within the fire- fighting area.
3. People and means participating in traffic,
when realizing the priority siren, light and/or banner signals of the means
performing fire-fighting task shall have to quickly give way to the latter.
4. The traffic police force and other forces, when
performing the task of maintaining traffic order, shall have to ensure that the
fire-fighting forces and means travel as fast as possible.
Article 37.-
Fire-fighting commander
1. In all cases, the persons holding the highest
positions in units of the fire prevention and fighting police units, who are
present at the fires, shall be the fire-fighting commanders.
2. Where the fire prevention and fighting police
force has not arrived yet at places where fires break out, the fire-fighting
commander is stipulated as follows:
a/ If a fire occurs at an establishment, its
head shall be the fire-fighting commander; in case of his/her absence, the head
of the grassroots fire brigade or the authorized person shall be the
fire-fighting commander;
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c/ If a motorized vehicle being in circulation
is on fire, the commander or owner thereof shall be the fire-fighting
commander; in case of such person’s absence, the means operator shall be the
fire-fighting commander;
d/ In case of a forest fire, if the forest owner
is an agency or organization, the head thereof or an authorized person shall be
the fire-fighting commander while the chief of the village or hamlet where the
fire occurs shall have to participate in commanding the fire fighting; if the
forest owner is a household or individual, the chief of the village or hamlet
or the authorized person shall be the fire-fighting commander.
The head of the forest ranger unit or the
authorized person at the place where the fire occurs shall have to take part in
commanding the fire fighting;
e/ The heads of agencies or organizations, the
presidents of the commune/ward/township (commune-level for short) or
higher-level People’s Committees, who are present at the fire, shall direct and
command the fire-fighting.
Article 38.- Rights and
responsibilities of fire-fighting commanders
1. Fire-fighting commanders of the fire
prevention and fighting police shall have the following rights:
a/ To immediately mobilize personnel and means
of fire prevention and fighting forces for fire fighting;
b/ To decide the fire-fighting area and
measures; and use the surrounding terrain and natural objects for fire
fighting;
c/ To ban irrelevant people and means from
travelling across the fire-fighting area; mobilize people, means and properties
of agencies, organizations, households and individuals for fire fighting;
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2. Fire-fighting commanders being the heads of
agencies, organizations and presidents of the commune- or higher-level People’s
Committees are entitled to exercise the rights defined in Clause 1 of this
Article within the areas under their respective management
Fire-fighting defined prescribed at Points a, b,
c and d, Clause 2, Article 37 of this Law may, within the areas under their
respective management, exercise the rights provided for at Points a and b,
Clause 1 of this Article.
3. All people shall have to obey orders of
fire-fighting commanders. Fire-fighting commanders shall be held responsible
before law for their decisions.
Article 39.- Responsibility
to handle big fires and fires that may cause serious damage
1. The presidents of commune-level People’s
Committees, the heads of the agencies or organizations where fires occur shall
have to direct and command the fire fighting, ensuring conditions therefor;
quickly report cases beyond their competence to the presidents of the People’s
Committees of rural districts, urban districts, provincial towns or cities or
the heads of the superior agencies for direction of the settlement, and in
really necessary cases, report them to the presidents of the People’s
Committees of the provinces or centrally-run cities, and at the same time, to
the presidents of the People’s Committees of rural districts, urban districts,
provincial towns or cities.
2. In cases where the handling goes beyond the
local administration’s jurisdiction, at the proposals of the presidents of the
People’s Committees of the provinces or centrally-run cities, the Minister of
Public Security shall have to assume the prime responsibility and coordinate
with the ministries, ministerial-level agencies, agencies attached to the
Government and People’s Committees of the concerned provinces or centrally-run
cities in directing the settlement.
3. In particularly serious cases, the Minister
of Public Security shall report them to the Prime Minister for decision.
Article 40.- Overcoming
of fire consequences
1. The overcoming of fire consequences includes
the following jobs:
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b/ Applying measures to ensure environmental
hygiene, social order and safety;
c/ Quickly restoring production, business,
service and other activities.
2. The presidents of commune- or higher-level
People’s Committees, the heads of agencies and organizations with
establishments having been on fires shall have to organize the implementation
of the provisions at Clause 1, this Article.
Article 41.- Protection
of the fire scene, compilation of fire dossiers
1. The police force shall have to organize the
protection and examination of the fire scene as well as investigation thereof; agencies,
organizations, households and individuals at places where fires occur shall
have to participate in the protection of the fire scene and supply truthful
information on the fires to the competent State agencies.
2. The fire prevention and fighting police shall
have to compile fire dossier, evaluate the fire-fighting results, take part in
the scene examination and determine causes of the fires.
Article 42.- Fighting
fires at offices of diplomatic missions, consulates, representative offices of
international organizations or residences of their members
1. When fires occur at offices of diplomatic
missions, consulates, representative offices of international organizations or
residences of their members, the people present thereat shall have to quickly extinguish
the fires and prevent the fire from spreading to surrounding areas.
2. The Vietnamese fire prevention and fighting
forces shall have to quickly fight fire spread outside offices of diplomatic
missions, consulates, representative offices of international organizations or
residences of their members.
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4. The Government shall stipulate in detail the
fire fighting for subjects mentioned in Clause 3 of this Article.
Chapter IV
ORGANIZATION OF FIRE
PREVENTION AND FIGHTING FORCES
Article 43.- Fire
prevention and fighting forces
Fire prevention and fighting forces constitute
the core in the entire population’s fire prevention and fighting activities,
which include:
1. The civil defense force;
2. The grassroots fire prevention and fighting
force;
3. The specialized fire prevention and fighting
force, organized and operating according to law provisions;
4. The fire prevention and fighting police.
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1. The civil defense groups and grassroots fire
brigades shall be set up, managed and directed according to the following
stipulations:
a/ In villages, hamlets and urban quarters civil
defense groups shall be set up. The civil defense groups shall be set up,
managed and directed by the presidents of the commune-level People’s
Committees;
b/ At establishments, grassroots fire brigades
shall be set up. The grassroots fire brigades shall be set up, managed and
directed by the heads of agencies and organizations.
2. The authorities issuing decisions to set up
civil defense groups or grassroots fire brigades shall have to notify them in
writing to the local fire prevention and fighting police.
Article 45.- Tasks of
the civil defense force and grassroots fire prevention and fighting force
1. To suggest the promulgation of regulations
and internal rules on fire prevention and fighting safety.
2. To organize the propagation and
popularization of fire prevention and fighting legislation and knowledge; to
build up movement for mass participation in fire prevention and fighting.
3. To inspect and urge the execution of
regulations and rules on safety for fire prevention and fighting safety.
4. To organize the drilling and fostering of
professional fire prevention and fighting skills.
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Article 46.- Drilling,
fostering, directing, inspecting, professionally guiding and mobilizing civil
defense force and grassroots fire prevention and fighting force, and the
regimes and policies therefor
1. The civil defense and grassroots fire prevention
and fighting forces shall be drilled and professionally fostered; subject to
the direction, inspection and professional guidance by the fire prevention and
fighting police; and subject to the mobilization by the competent authorities
for participation in fire prevention and fighting activities.
2. The civil defense and grassroots fire
prevention and fighting forces shall enjoy regimes and policies during the time
of professional drilling and fostering and when directly participating in fire
fighting according to the Government’s regulations.
Article 47.-
Organization of the fire prevention and fighting police force
1. The fire prevention and fighting police force
constitutes part of the armed forces, is organized uniformly from the central
to local levels under the management and direction by the Minister of Public
Security.
2. The State builds a regular and well-trained
fire prevention and fighting police force, which shall be step by step
modernized to meet the socio-economic development requirements of the country.
3. The organizational structure of the fire
prevention and fighting police force shall be prescribed by the Government.
Article 48.- Functions
and tasks of the fire prevention and fighting police force
1. To give advice and suggestions to the
competent State agencies on the promulgation of fire prevention and fighting
legislation, and direct and organize the implementation thereof.
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3. To apply fire prevention and fighting
measures, promptly fight fires when they occur.
4. To build up fire prevention and fighting
forces; equip and manage fire prevention and fighting means.
5. To organize the research and application of
scientific and technological advances in the field of fire prevention and
fighting.
6. To inspect and handle acts of violating the
fire prevention and fighting legislation.
Article 49.- Uniforms,
badges, stripes and regimes, as well as policies for fire prevention and
fighting police force
1. Officers, non-commissioned officers and
soldiers of the fire prevention and fighting police shall wear uniforms, badges
and stripes and enjoy regimes and policies as prescribed for the people’s
police force; and be entitled to allowances and other regimes as provided for
by the Government.
2. Workers and employees of the fire prevention
and fighting police force shall enjoy regimes and policies as those of the
police force.
Chapter V
FIRE PREVENTION AND
FIGHTING MEANS
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1. Agencies, organizations and individuals shall
have to equip fire prevention and fighting means for establishments, forests of
all kinds and motorized transport means under their respective management.
The commune-level People’s Committees shall have
to equip civil defense groups with fire prevention and fighting means.
Organizations and individuals engaged in
production, business and service activities and owners of forests and motorized
transport means other than the State-owned ones shall have to equip themselves
with fire prevention and fighting means.
2. Households shall have to prepare conditions
and means for fire prevention and fighting.
3. The Ministry of Public Security shall specify
and guide conditions as well as the equipment of fire prevention and fighting
means for subjects defined in Clauses 1 and 2 of this Article.
Article 51.- Equipment
for fire prevention and fighting police force
The State shall equip fire prevention and fighting
police force with fire-fighting means and other necessary facilities and
devices, ensuring their completeness and step-by-step modernization, thereby
meeting the requirements on fire-fighting and rescue of people in all
circumstances.
Article 52.- Management
and use of fire prevention and fighting means
1. Fire prevention and fighting means of
agencies, organizations, households and individuals must be managed and used to
ensure their readiness for fire fighting.
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Article 53.- Production
and import of fire prevention and fighting means
1. The home-made or imported fire prevention and
fighting means must ensure quality and standards and suit the Vietnamese
conditions.
2. Organizations and individuals producing
and/or trading in fire prevention and fighting means must satisfy all
conditions on material and technical foundations according to regulations of
the competent State bodies in charge of fire prevention and fighting.
Chapter VI
INVESTMENT IN FIRE
PREVENTION AND FIGHTING ACTIVITIES
Article 54.- Financial
sources for investment in fire prevention and fighting activities
1. Financial sources for investment in fire
prevention and fighting activities include:
a/ The State budget allocations;
b/ The revenues from fire and explosion
insurance;
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2. The Government shall specify revenue sources,
collection levels and regime of managing and using financial sources for fire
prevention and fighting activities.
Article 55.- State
budget investment in fire prevention and fighting activities
1. The State shall ensure the annual necessary
budget for investment in fire prevention and fighting activities.
2. The State shall allocate budget for fire
prevention and fighting activities of fire prevention and fighting police,
administrative and public-service units, armed force units and other units
enjoying the State budget.
3. Subjects other than those specified in Clause
2 of this Article must, by themselves, ensure funding for fire prevention and
fighting activities.
Article 56.-
Encouragement of investment in fire prevention and fighting activities
1. The State encourages domestic agencies,
organizations and individuals, overseas Vietnamese, foreign organizations and
individuals as well as international organizations to invest in and financially
support fire prevention and fighting activities.
1. The State shall adopt preferential tax
policies for production, assembly and export of fire prevention and fighting
means.
Chapter VII
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Article 57.- Contents
of State management over fire prevention and fighting
1. Elaborating fire prevention and fighting
strategy, planning and plans, and directing the implementation thereof.
2. Issuing, guiding and organizing the
implementation of legal documents on fire prevention and fighting.
3. Conducting the propagation and education on
fire prevention and fighting legislation and knowledge.
4. Organizing and directing fire prevention and
fighting activities.
5. Organizing the training and building of fire
prevention and fighting forces as well as the equipment and management of fire
prevention and fighting means.
6. Ensuring budget for fire prevention and
fighting activities; organizing fire and explosion insurance in association
with fire prevention and fighting activities.
7. Evaluating and ratifying projects, designing and
after-test accepting fire prevention and fighting constructions; expertising
and certifying the means safety; certifying the fire prevention and fighting
safety conditions.
8. Organizing research, application and
dissemination of scientific and technological advances regarding fire
prevention and fighting.
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10. Making the State statistics on fire
prevention and fighting.
11. Effecting international cooperation on fire
prevention and fighting.
Article 58.- State
management bodies in charge of fire prevention and fighting
1. The Government shall exercise the unified
State management over fire prevention and fighting.
2. The Ministry of Public Security shall take
responsibility before the Government for exercising the State management over
fire prevention and fighting.
3. The ministries, ministerial-level agencies
and agencies attached to the Government shall, within their tasks and powers,
have to coordinate with the Ministry of Public Security in organizing the
implementation of regulations on fire prevention and fighting.
The Government shall stipulate the coordination
between the Ministry of Public Security and the Ministry of Defense in
organizing fire prevention and fighting for defense establishments, and between
the Ministry of Public Security and the Ministry of Agriculture and Rural
Development in organizing forest fire prevention and fighting.
4. The People’s Committees of different levels
shall, within their tasks and powers, have to exercise the State management
over fire prevention and fighting in their respective localities.
Article 59.- Fire
prevention and fighting inspectorate
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2. The fire prevention and fighting inspectorate
shall have the following tasks and powers:
a/ Organizing inspection of the observance of
law provisions on fire prevention and fighting;
b/ Requesting the inspected subjects to supply
relevant documents and reply on matters necessary for inspection;
c/ To handle violations of the legislation on
fire prevention and fighting according to their competence.
3. Inspection delegations and inspectors shall be
held responsible before law for their decisions.
4. The Government shall prescribe in detail the
organization and operation of the fire prevention and fighting inspectorate.
Article 60.- Rights and
obligations of inspected subjects
1. Inspected subjects shall have the following
rights:
a/ To request inspection delegations to show
inspection decisions and inspectors to show their cards and strictly comply
with the inspection legislation;
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c/ To request compensation for damage caused by
inspection delegations or inspectors handling measures which are contrary to
law.
2. Inspected subjects are obliged to satisfy
requests of inspection delegations and inspectors; create conditions for
inspection delegations and inspectors to perform their tasks; and execute
handling decisions of inspection delegations and inspectors according to the
provisions of law.
Article 61.- Right to
complain, denounce and initiate lawsuits
1. Agencies, organizations and individuals shall
have the right to complain or initiate lawsuits against decisions or handling
measures of inspection delegations and inspectors according to law provisions.
2. Individuals shall have the right to denounce
with the competent State agencies acts of violating the fire prevention and
fighting legislation.
3. The agencies receiving complaints,
denunciations or petitions shall have to consider and settle them in time as
prescribed by law.
Chapter VIII
COMMENDATION AND
HANDLING OF VIOLATIONS
Article 62.-
Commendation
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Article 63.- Handling
of violations
1. Any persons committing acts of violating the
provisions of this Law shall, depending on the nature and seriousness of their
violations, be administratively sanctioned or examined for penal liabilities;
and, if causing damage, have to pay compensation therefor as prescribed by law.
2. Any persons who abuse their positions and
powers in fire prevention and fighting activities to infringe upon the State’s
interests, the legitimate rights and interests of organizations or individuals
shall, depending on the nature and seriousness of their violations, be
disciplined or examined for penal liabilities; and if causing damage, have to
pay compensation therefor as prescribed by law.
3. The heads of agencies or organizations, who,
due to the lack of responsibility in organizing, managing or inspecting the
fire prevention and fighting activities, let fires occur, shall, depending on
the nature and seriousness of their violations, be disciplined or examined for
penal liabilities as prescribed by law.
The heads of fire prevention and fighting units,
who, due to the lack of responsibility in performing the fire-fighting task,
cause serious consequences shall, depending on the nature and seriousness of
their violations, be disciplined or examined for penal liabilities as
prescribed by law.
Chapter IX
IMPLEMENTATION
PROVISIONS
Article 64.-
Implementation effect
This Law takes effect as from October 4, 2001.
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Article 65.- Guidance
of implementation
The Government shall detail and guide the
implementation of this Law.
This Law was passed by the X th
National Assembly of the Socialist Republic of Vietnam at its 9th
session on June 29, 2001.
NATIONAL ASSEMBLY CHAIRMAN
Nguyen Van An