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NATIONAL
ASSEMBLY
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.:
40/2013/QH13
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Hanoi , November 22, 2013
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THE LAW
AMENDING AND ADDING A NUMBER OF ARTICLES OF THE LAW ON FIRE
PREVENTION AND FIGHTING
Pursuant to the Constitution of
the Socialist Republic of Vietnam;
The National Assembly enacts the
Law amending and adding a number of articles of the Law on fire prevention and
fighting No.27/2001/QH10.
Article 1.
Amending and
adding a number of articles of the Law on fire prevention and fighting:
1. Clause 3 and 6 of Article 3 are
amended and supplemented as follows:
“3. Establishment is place of
production, business, public works, working office, apartment building and
other stand-alone works in the list defined by the Government.”
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2. Amending and adding Clause 3;
adding Clause 3a and 3b after Clause 3 of Article 5 as follows:
“3. Heads of agencies or
organizations within their duties and power shall:
a) Propagate and disseminate
knowledge about the fire prevention and fighting; develop the all-people
movement participating in fire prevention and fighting; form and maintain the
activities of team of fire prevention and fighting as prescribed by law;
b) Promulgate under the authority
the rule and measures on fire prevention and fighting;
c) Implement, inspect and supervise
the compliance with regulations on fire prevention and fighting;
d) Ensure funding for the
activities of fire prevention and fighting and properly use it; equipping and
maintaining the activities of tools and means of fire prevention and fighting,
preparing the conditions for fire fighting; formulate and practice fire
fighting plan, ensure the conditions for professional training of fire
prevention and fighting and organize the fire fighting and make good the
consequences caused by fire;
dd) Perform other duties on fire
prevention and fighting as prescribed by law;
3a. Family holders shall:
a) Urge and remind family members
to comply with regulations on fire prevention and fighting;
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c) Coordinate with other
organizations, agencies and family households in ensuring the conditions for
fire prevention and fighting; strictly control and safely use flammable or
explosive substances;
3b. The individuals shall:
a) Comply with regulations, rules
and requirements on fire prevention and fighting of the competent persons or
authority;
b) Comply with the law and
thoroughly grasp necessary knowledge about fire prevention and fighting; know
how to use common tools and means of fire prevention and fighting;
c) Ensure the safety of fire
prevention and fighting during the use of source of fire or heat, the fire or
heat generating equipment and tools and in preservation and use of inflammable
materials;
d) Prevent the risk of direct fire
generation and acts of violation of regulations on safety of fire prevention
and fighting;
dd) Comply with other regulations
related to personal responsibility in this Law.”
3. Amending and adding Clause 2;
adding Clause 2a after Clause 2 of Article 6 as follows:
“2. Agencies, organizations
and family households are responsible for organizing and implementing the
propagation and dissemination of knowledge and skills of fire prevention and
fighting;
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4. Article 8 is amended and
supplemented as follows:
“Article 8. Promulgation and
application of technical standards and regulations on fire prevention and
fighting
1. Activities of fire prevention
and fighting must comply with national technical regulations;
2. The competent state authority
shall promulgate the technical regulations after reaching an agreement with the
Ministry of Public Security upon the fire prevention and fighting;
3. The competent agencies and
organizations shall prepare and announce the national standards and grassroots
standards on fire prevention and fighting after reaching an agreement with the
Ministry of Public Security;
4. Application of Vietnam’s standards on fire prevention and fighting:
a) The national standards on fire
prevention and fighting are compulsorily applied;
b) Standards on fire prevention and
fighting must consist with the national standards on fire prevention and
fighting;
c) Uniformity and feasibility
assurance of standard system applied.
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a) Foreign standards and
international standards specified in international treaties in which Vietnam is a member;
b) Foreign standards and
international standards with the regulations on fire prevention and fighting
higher than Vietnam’s standards or accordance with the actual requirements of Vietnam and with the written approval of the Ministry of Public Security.
6. For the requirements on fire
prevention and fighting without technical standards and regulations, the
guidelines of competent state authority on fire prevention and fighting shall
be applied.”
5. Article 9 is amended and
supplemented as follows:
“Article 9. Fire and
explosion insurance
The State encourages the agencies,
organizations and individuals to participate in the fire and explosion
insurance. The facilities at risk of fire and explosion must compulsorily
participate in the fire and explosion insurance for their assets;
The Government defines and issue
the list of facilities at risk of fire and explosion; conditions and premiums
for fire and explosion insurance and the minimum amount of insurance.”
6. Adding the Article 9a after the
Article 9 as follows:
“Article 9a. Business of
fire prevention and fighting services
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a) Consultation of design,
appraisal, supervision; consultation of technical examination and inspection;
performance and installation of fire prevention and fighting system;
consultation of transfer of fire prevention and fighting technology; production
and installation of means and equipment of fire prevention and fighting;
b) Training and guidance of
techniques of fire prevention and fighting;
c) Business of means, equipment and
supplies of fire prevention and fighting;
2. Business of fire prevention and
fighting services must meet the following requirements:
a) The heads of enterprises and
legal representatives of business facilities of fire prevention and fighting
services must have degrees or certificates in line with the business
activities;
b) Having material facilities,
means and equipment and conditions ensuring their business activities.
3. The Government specifies in
detail this Article.”
7. Article 10 is amended and
supplemented as follows:
“Article 10. Regulations
and policies for participants in fire fighting
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8. Amending and adding Clauses 3,
5, 6, 7 and 8; adding Clause 4a after Clause 4 and adding Clause 5a after
Clause 5 of Article 13 as follows:
“3. Making corrupt use of
fire prevention and fighting to harm the human life and health; infringing upon
the property of the State, agencies, organizations and individuals."
“4a. Failing to alarm the
fire upon the conditions for fire alarm; delaying the fire alarm.
5. Producing, storing,
transporting, using and illegally trading substances at risk of fire and
explosion;
5a. Carrying goods and inflammable
and explosive substances to places crowded with people;
6. Performing works at risk of fire
and explosion, high-rise buildings and commercial centers without design
approved for fire prevention and fighting; accepting and putting the works at
risk of fire and explosion, the high-rise buildings and commercial centers into
use when they are not eligible for ensuring the safety of fire prevention and
fighting;
7. Apropriating, damaging,
arbitrarily changing, moving or obscuring the means and equipment of fire
prevention and fighting, signs, signposts and impeding the escape exits.
8. Other acts violating the
regulations of law on fire prevention and fighting.”
9. Clause 2 of Article 17 is
amended and added as follows:
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10. Clause 2 of Article 18 is
supplemented and added as follows:
“2. Motor vehicles with special
requirements for ensuring the safety of fire prevention and fighting and newly
built and converted are only issued with registration certificate of technical
safety and environmental protection by the registry when the design of fire
prevention and fire fighting been approved and accepted;
The Government regulates the type
of motor vehicle with special requirements for ensuring the safety of fire
prevention and fighting.”
11. Adding Clauase 1a after Clause
1; amending and adding Clause 2 and 4 of Article 19 as follows:
“1a. People’s Committees at
all levels and forest owner must comply with the fire prevention measures in
accordance with the level of forest fire danger warning.
2. When formulating plan and forest
development project, there must be solutions to forest fire prevention and
fighting for each type of forest. "
“4. Agencies, organizations,
family households and individuals, when operating in forest or forest edges,
they must comply with regulations of law on fire prevention and fighting”.
12. Article 21 is amended and added
as follows:
“Article 21. Fire
preventing for industrial parks, export processing zones and high-tech parks
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2. The facilities operating in
industrial parks, export processing zones and high-tech parks must have the
fire prevention and fighting plan for their facilities and form their teams of
grassroots fire prevention and fighting.
3. The Government specifies in
detail this Article.”
13. Amending and adding name of
Article 22 and contents of Clause 2, 3 and 4 of Article 22 as follows:
“Article 22. Fire
prevention in extraction, processing, production, transport, business, use and
preservation of petroleum products, gas and chemicals and other materials and
goods at risk of fire and explosion”
“2. Depots, transport system of
petroleum products, gas and chemicals at risk of fire and explosion and works
processing oil. gas and chemicals at risk of fire must have systems to alarm
and handle concentration of vapor and gas at risk of fire and explosion and
take measures to protect against the incident and break of tanks, equipment and
pipeline;
3. Business facilities of petroleum
products, gas and chemicals at risk of fire and explosion must ensure the
safety of fire prevention and fighting for the adjacent works. The import,
export and transport of petroleum products, gas and chemicals at risk of fire
and explosion must comply with the regulations on the safety of fire prevention
and fighting;
4. Organizations and individuals
engaged in production, business, services, supply and transport of supplies and
goods at risk of fire and explosion must fully ensure the conditions for safety
of fire prevention and fighting, print the technical parameters on the goods
label and have the safety instruction on fire prevention and fighting in
Vietnamese language.”
14. Article 23 is amended and added
as follows:
“Article 23. Fire
prevention for high-rise works, water works, underground works, tunnels,
underground mining and houses with steel frame and metal roof
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2. Water works at risk of fire and
explosion must have solution to fire spread, plan, force and means ensuring the
self-fire fighting;
3. Underground works, tunnels and
underground mining must be equipped to detect and handle combustible gases,
toxic gases, must have the ventilation systems, the solutions to fire spread
and conditions for safe escape assurance, deployment of forces and means to
save people, property and fight the fires;
4. Steel-framing and metal-roofing
houses with large area used for place of production and storage of goods at
risk of fire and explosion must have solution to fire spread and limit the risk
of collapse when the fire occurs. "
15. Clause 1 of Article 24 is
amended and added as follows:
“1. In the power plant and on
the power grid, there must measures to proactively troubleshoot the fire
incident.”
16. Adding Article 24a after
Article 24 as follows:
“Article 24a. Fire
prevention for nuclear facilities
1. The fire prevention for nuclear
facilities must ensure the following requirements:
a) There are systems of fire
prevention and fighting meeting the standards and regulations on safety of fire
prevention and fighting for nuclear facilities;
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c) The specialized fire prevention
and fighting team must be equipped in line with characteristics of each
facility;
d) Other conditions to ensure the
safety of fire prevention and fighting;
2. The Government details the
formulate and practice the plan for fire fighting, rescue and salvage for
nuclear facilities.”
17. Clause 1 of Article 25 is
amended and added as follows:
“1. At markets and commercial
centers, it is required to separate the power systems for business with the
protection and fire fighting power system; arrange business households and
business lines to meet the requirements on safety of fire prevention and
fighting; have the escape exit as prescribed and the plan for escape and
clearance of goods upon the occurrence of fire, system of fire alarm and
fighting, solution to fire spread in accordance with the scale and nature of
operation. Owners of goods at risk of fire and explosion must equip the tools
and means of on-site fire fighting.”
18. Article 26 is amended and added
as follows:
“Article 26. Fire
prevention for airport, seaport, inland waterway port, railway station and bus
station
At the airport, seaport, inland
waterway port, railway station and bus station, there must be means of fire
prevention and fighting in line with the standards and regulations on safety of
fire prevention and fighting, plan for escape and clearance of means, materials
and goods upon occurrence of fire.”
19. Adding Article 27a after
Article 27 as follows:
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The production facilities, amory
and storage of explosive materials and supporting tools must ensure the safety
of fire and explosion prevention and fighting; have safety belts and ensure the
safe distance of adjacent residential areas and public works. "
20. Article 31 is amended and added
as follows:
“Article 31. Formulation
and practice of fire fighting plan
1. Chairman of communal-level
People’s Committee, head of facilities, forest owner, owner of motor vehicles
with special requirements on ensuring the safety of fire prevention and
fighting under their management shall formulate the fire fighting plan, use
on-site forces and means for hamlets, facilities, forests and vehicles;
2. Chairman of communal-level
People’s Committee, head of facilities and residential area at high risk of
fire and explosion shall coordinate with the police agencies of fire prevention
and fighting to formulate practice the fire fighting for facilities and
residential areas under their management under the guidance of the Ministry of
Public Security;
3. The police agencies of fire prevention
and fighting shall formulate the fire fighting plan for facilities and
residential areas at high risk of fire and explosion in need of mobilization of
forces and means of police of fire prevention and fighting and other agencies,
organizations and localities;
4. The fire fighting plan must be
approved by the competent authority. The forces and means stated in the plan
upon practice must take full participation.
5. The Minister of Public Security
regulates the facilities and residential areas with high risk of fire and
explosion and approval authority and duration of practice of fire fighting
plan.”
21. Article 32 is amended and added
as follows:
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Information on fire alarm is by
command or by phone.
The telephone number for fire alarm
specified in the country is 114. The means of communication must be prioritized
for fire alarm and fighting.”
22. Adding Clause 4a after Clause 4
of Article 33 as follows:
“4a. The People’s Committees
of adjacent localities must formulate the coordination plan and establish
forces of fire prevention and fighting upon requirement.”
23. Clause 1, Article 37 is amended
and added as follows:
“1. Upon occurrence of fire, the
person having the highest position of police unit of fire prevention and
fighting shall be present at the scene of the fire is the fire-fighting
commander. "
24. Clause 3 of Article 43 is
amended and added as follows:
“3. Specialized fire prevention and
fighting force;”
25. Article 44 is amended and added
as follows:
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1. In the hamlets, it is required
to establish the local militia team which is established and managed by the
decision of Chairman of communal-level People’s Committee;
2. At the facilities, it is
required to establish the grassroots fire prevention and fighting team which is
established and managed by the decision of the head of agency or organization;
3. A specialized fire prevention
and fighting team is a grassroots fire prevention and fighting team that is
organized to meet the requirements of specific activities of the facility, established
and managed under a decision of the head of the facility;
At the following facilities, it is
required to establish the specialized fire prevention and fighting team:
a) Nuclear facilities;
b) Airports and seaports;
c) Oil and gas extraction and
processing facilities;
d) Coal mining facilities;
dd) Production facilities and
armories;
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4. The decision on establishment of
local militia team, the specialized fire prevention and fighting team and the
grassroots fire prevention and fighting team must be sent by the issuing
authority to the police agency of fire prevention and fighting of that area.”
26. Article 46 is supplemented and
added as follows:
“Article 46. Training,
retraining, direction, inspection, professional guidance, transfer, regulation
and policies for the local militia team, the specialized fire prevention and
fighting team and the grassroots fire prevention and fighting team
1. The local militia team, the
specialized fire prevention and fighting team and the grassroots fire
prevention and fighting team are provided with the training and retraining of
techniques of fire prevention and fighting and are under the direction,
inspection and professional guidance of police agency of fire prevention and
fighting and are under the transfer of the competent authority to participate
in the activities of fire prevention and fighting;
2. The local militia team, the
specialized fire prevention and fighting team and the grassroots fire
prevention and fighting team are entitled to regulations and policies during
the training and professional retraining and direct fire fighting;
3. Leader and assistant leader of
local militia team and the part-time grassroots fire prevention and fighting
team are entitled to regular supporting regulations;
4. The Government specifies in
detail Clause 2 and 3 of this Article.”
27. Adding Article 46a after
Article 46 as follows:
“Article 46a. Volunteer
fire prevention and fighting
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2. The persons who voluntarily
participate in fire prevention and fighting are added to the local militia team
and the grassroots fire prevention and fighting team.”
28. Clause 1 of Article 47 is
amended and added as follows:
“1. Police of fire prevention and
fighting unde People’s Police is a part of the armed forces, organized and
managed uniformly from the central to local levels. "
29. Article 48 is amended and
supplemented as follows:
“Article 48. Function and
duties of police force of fire prevention and fighting
1. Within the assigned duties and
power, advice and propose the state competent authority to issue, direct and
organize the implementation of regulations of law on fire prevention and
fighting;
2. Propagate and disseminate law;
guide the development of all-people movement of participation in activities of
fire prevention and fighting; train and retrain the techniques and knowledge of
fire prevention and fighting;
3. Taking measures of fire
prevention and fighting; appraise, approve the design and accept the fire
prevention and fighting; perfom effective and timely fire fighting.
4. Form the fire prevention and
fighting force; equip and manage means and equipment of fire prevention and
fighting.
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6. Examine, inspect and handle acts
of violation of law on fire prevention and fighting; issue transport permit of
goods at risk of fire and explosion as prescribed;
7. Perform a number of
investigation activities as prescribed by law on organization of criminal
investigation;
8. Perform other duties as
prescribed by law.”
30. Clause 2 of Article 55 is
amended and added as follows:
“2. The State provides funding for
activities of fire prevention and fighting for the police force of fire
prevention and fighting, the state agencies, non-business units, armed forces
and other units entitled to the state budget;
In the expenditure of annual
national defense budget and security of the People's Committees at all levels,
there must be the contents ensuring the work for fire prevention and fighting.
"
31. Clause 2 of Article 56 is
supplemented and amended as follows:
“2. The State has the incentive
policies on tax for organizations and individuals producing and assembling
means of fire prevention and fighting.”
32. Clause 3 and 7 of Article 57 is
amended and added as follows:
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“7. Appraisal and approval for
project and design and acceptance of building works of fire prevention and
fighting; technical inspection and testing and certification of conformity for
the means, equipment, substances and goods with strict requirements for fire
prevention and fighting.”
33. Adding Article 63a after
Article 63 as follows:
“Article 63a. Handling
facilities which fail to ensure the requirements for fire prevention and
fighting and which are put into operation before the effective date of the Law
on fire prevention and fighting No. 27/2001/QH10
The People’s Council of provinces
and centrally-affiliated cities regulate the handling of facilities in the area
which fail to ensure the requirements for fire prevention and fighting and
which are put into operation before the effective date of the Law on fire
prevention and fighting No. 27/2001/QH10. For depot and processing works of
petroleum products, gas and chemicals at risk of fire and explosion in the
residential areas and places crowded with people, there must be plans for
relocation and safe distance assurance.”
Article 2.
1. Annulling Clause 9 of Article 3
2. Annulling the phrase “hamlet,
mountain village and group” in Clause 1, Article 31, Point b, Clause 2, Article
37 and the name of Article 50; annulling the phrase “ head of hamlet, mountain
village and group” at Point b, Clause 2 of Article 37; annulling the phrase “
head of hamlet and mountain village” at Point d, Clause 2 of Article 37 of the
Law on fire prevention and fighting No. 27/2001/QH10.
Article 3.
1. This Law takes effect on July
01, 2014
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This law was passed by the 13th
National Assembly of the Socialist Republic of Vietnam at its 6th
session on November 22, 2013.
CHAIRMAN
OF NATIONAL ASSEMBLY
Nguyen Sinh Hung