Luật Phòng cháy chữa cháy tiếng Anh, thuật ngữ phòng cháy chữa cháy tiếng Anh.
THE NATIONAL
ASSEMBLY
------ |
SOCIALIST REPUBLIC
OF VIET NAM
Independence - Freedom - Happiness ---------- |
No: 27/2001/QH10
|
Hanoi, June 29,
2001
|
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.
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
Agencies, organizations,
households and individuals operating and living on the territory of the
Socialist Republic of Vietnam shall have to abide by the provisions of this Law
and relevant law provisions; in cases otherwise provided for by international
agreements which the Socialist Republic of Vietnam has signed or acceded to,
the provisions of such international agreements shall apply.
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.
7. Fire-fighting area means the
area where the fire-fighting force is carrying out fire-fighting activities.
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.
2. Citizens, who are full 18
years of age or older and have good health shall have to join civil defense
groups or grassroots fire brigades set up at their residential or working
places, when so requested.
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.
2. Agencies, organizations,
households and individuals carrying out activities related to fire prevention
and fighting shall have to comply with the Vietnamese standards thereon. The
application of foreign standards related to fire prevention and fighting shall
comply with the Government’s stipulations.
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.
2. Where a fire disaster occurs,
the State of Vietnam calls for assistance and support from other countries and
international organizations.
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.
8. Other acts of violating the
provisions of this Law.
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;
c/ The rational arrangement of
locations for fire prevention and fighting units at necessary places;
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.
Article
16.- Responsibilities of agencies, organizations and individuals in
investment, construction and use of projects
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.
2. For motorized transport means
subject to particular requirements on ensuring the fire prevention and fighting
safety, the registries shall issue inspection registration certificates for
them only after they are certified by the State bodies in charge of fire
prevention and fighting as having been fully qualified; the building or
renovation of such means must be approved in terms of their designs.
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.
Article
20.- Fire prevention for establishments
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.
3. Subjects prescribed in
Articles from 21 to 28 of this Law shall, besides meeting the fire prevention
requirements stipulated in Clause 1 of this Article, have to apply their own
particular fire prevention and fighting measures.
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.
6. Instruments and equipment for
the transportation as well as means for the use, of oil and gas products must
ensure safety against fire and explosion.
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.
Article
25.- Fire prevention for markets, trade centers and warehouses
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
1. Operations of establishments,
motorized transport means, households and individuals shall be suspended in the
following cases:
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
1. Mobilizing, as soon as
possible, forces and means to immediately extinguish fires.
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
1. People who detect a fire
shall have, by all means, alarm it as soon as possible and fight it; agencies,
organizations, households and individuals near the fire shall have to quickly
notify it and take part in fire fighting.
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
1. People mobilized to perform
fire-fighting task shall be given priority to travel by various transport
means.
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;
b/ If a fire occurs at a
village, hamlet or urban quarter, the chief thereof shall be the fire-fighting
commander; in case of his/her absence, the head of the civil defense group or
the authorized person shall be the fire-fighting commander;
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;
d/ To decide the dismantlement
of houses, projects and obstacles as well as removal of properties in emergency
cases so as to rescue people and prevent big fires, which may cause serious
damage.
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:
a/ Giving the first-aid to
victims; providing relief and assistance for people suffering from damage to
stabilize their life;
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.
3. The Vietnamese fire
prevention and fighting forces, when entering offices of diplomatic missions,
consulates, representative offices of international organizations or residences
of their members, for fire fighting, shall have to comply with the provisions
of international agreements which Vietnam has signed or acceded to.
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.
Article
44.- Setting up, management and direction of civil defense groups and
grassroots fire brigades
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.
5. To work out plans, prepare
forces and means and perform fire-fighting task in case of fire; to take part
in fire-fighting in localities or other establishments when requested.
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.
2. To organize the propagation
and popularization of laws as well as drilling and fostering of professional
knowledge about fire prevention and fighting; to guide the building up of a
movement of the mass participation in fire prevention and fighting activities.
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
Article
50.- Equipment of fire prevention and fighting means for establishments,
villages, hamlets, urban quarters, households, forests of all kinds and
motorized transport means
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.
2. The motorized fire-fighting
means, besides being used for fire fighting, shall be used only in service of
the requirements to ensure social security, order and safety and in other
special cases as prescribed by the Government.
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;
c/ The voluntary contributions
and donations from domestic and foreign agencies, organizations and
individuals, and other revenue sources prescribed by law.
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
STATE MANAGEMENT OVER FIRE PREVENTION AND FIGHTING
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.
9. Examining, inspecting,
handling violations and settling complaints and denunciations regarding fire
prevention and fighting; investigating fires.
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
1. The fire prevention and
fighting inspectorate is the specialized inspectorate.
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;
b/ To lodge complaints,
denunciations or initiate lawsuits with the competent State bodies about
inspection decisions, inspectors acts and inspection conclusions, if having
grounds to believe that they are contrary to law;
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
Agencies, organizations,
households and individuals making achievements in fire prevention and fighting
activities shall be commended or rewarded according to law.
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.
All the earlier provisions,
which are contrary to this Law, are hereby annulled.
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 |
Ý KIẾN