JOINT CIRCULAR No. 03/2014/TTLT-BCA-BQP detailing certain provisions of Decree No. 78/2011/NĐ-CP dated September 1, 2011 of the Government on cooperation between the Ministry of Public Security and the Ministry of National Defense in organizing fire prevention and firefighting work for defense facilities.

JOINT CIRCULAR

Detailed Implementation of Certain Provisions of Decree No. 78/2011/NĐ-CP
dated September 1, 2011 of the Government on Coordination between the Ministry of Public Security and the Ministry of National Defense in Organizing Fire Prevention and Fighting Work for Military Facilities
Detailed Implementation of Certain Provisions of Decree No. 78/2011/NĐ-CP dated September 1, 2011 of the Government on Coordination between the Ministry of Public Security and the Ministry of National Defense in Organizing Fire Prevention and Fighting Work for Military Facilities;
 Fire Prevention and Fighting Work for Military Facilities

On the basis of Decree No. 78/2011/NĐ-CP dated September 1, 2011 of the Government on Coordination between the Ministry of Public Security and the Ministry of National Defense in Organizing Fire Prevention and Fighting Work for Military Facilities;

On the basis of Decree No. 77/2009/NĐ-CP dated September 15, 2009 of the Government on Functions, Tasks, Authorities, and Organizational Structure of the Ministry of Public Security; Decree No. 21/2014/NĐ-CP dated March 25, 2014 of the Government amending and supplementing Article 3 of Decree No. 77/2009/NĐ-CP dated September 15, 2009 of the Government on Functions, Tasks, Authorities, and Organizational Structure of the Ministry of Public Security;

On the basis of Decree No. 35/2013/NĐ-CP dated April 22, 2013 of the Government on Functions, Tasks, Authorities, and Organizational Structure of the Ministry of National Defense;

The Minister of Public Security and the Minister of National Defense issue this Circular detailing the implementation of certain provisions of Decree No. 78/2011/NĐ-CP dated September 1, 2011 of the Government on Coordination between the Ministry of Public Security and the Ministry of National Defense in Organizing Fire Prevention and Fighting Work for Military Facilities.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular details the implementation of certain provisions of Decree No. 78/2011/NĐ-CP dated September 1, 2011 of the Government on Coordination between the Ministry of Public Security and the Ministry of National Defense in Organizing Fire Prevention and Fighting Work for Military Facilities (hereinafter referred to as Decree No. 78/2011/NĐ-CP), including: Information on fire prevention and fighting; training and professional development in fire prevention and fighting; review of fire prevention and fighting; safety inspection for fire prevention and fighting; issuance of permits for transporting dangerous goods; planning for fire prevention and fighting, drafting and practicing firefighting plans; approval authority for firefighting plans; firefighting command and responsibility for coordination in implementation.

2. This Circular also promulgates the Appendix on分级管理关于军事目的设施的消防和灭火的分级管理。

Article 2. Applicability

This Circular applies to agencies, units, officers, soldiers, workers, and employees under the Ministry of Public Security and the Ministry of National Defense, and related organizations and individuals.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Strategic level refers to agencies and units directing at the Ministry of National Defense headquarters.

2. Campaign and tactical levels refer to agencies and units directing at Military Regions, Corps, Services, Arms, Provincial People's Militia Command, Border Guard Command, Divisions, Brigades, and equivalent units.

Chapter II

CONTENTS OF COORDINATION

Article 4. Information on Fire Prevention and Fighting

1. The Fire Prevention and Fighting and Rescue Police Department under the Ministry of Public Security (hereinafter referred to as the Fire Prevention and Fighting and Rescue Police Department) and the Rescue and Relief Bureau under the General Staff of the Ministry of National Defense (hereinafter referred to as the Rescue and Relief Bureau); provincial and municipal fire prevention and fighting police, Fire Prevention and Fighting and Rescue Police Departments under provincial and municipal public security bureaus (hereinafter referred to as Fire Prevention and Fighting and Rescue Police Departments under provincial and municipal public security bureaus) and campaign and tactical levels stationed in the area have the responsibility to inform each other according to the corresponding contents stipulated in Clause 1 and Clause 2, Article 6 of Decree No. 78/2011/NĐ-CP.

2. Information exchange shall be conducted annually once in writing at the end of the fourth quarter between the Fire Prevention and Fighting and Rescue Police Department and the Rescue and Relief Bureau; twice every six months at the end of the second and fourth quarters between provincial and municipal fire prevention and fighting police, Fire Prevention and Fighting and Rescue Police Departments under provincial and municipal public security bureaus and campaign and tactical level rescue and relief agencies.

In case of urgent need for information exchange, both parties shall promptly notify each other directly.

Article 5. Training and professional development in fire prevention and firefighting

1. The Fire Prevention and Fighting Police Department shall be responsible for coordinating with the Rescue and Salvage Department to develop contents for propaganda and dissemination of laws and knowledge on fire prevention and firefighting for officers, professional soldiers, civil servants, officials, defense workers, non-commissioned officers, and soldiers of the Ministry of National Defense in accordance with current laws on fire prevention and firefighting.

2. The head of national defense facilities shall be responsible for organizing training and professional development courses in fire prevention and firefighting for officers, professional soldiers, civil servants, officials, defense workers, non-commissioned officers, and soldiers under their management in accordance with the prescribed fire prevention and firefighting training program as stipulated in Clause 1 of this Article.

3. The Fire Prevention and Fighting Police Department; provincial and centrally-administered city Fire Prevention and Fighting Police Departments; provincial Public Security Fire Prevention and Fighting Police Departments shall organize inspections, examinations, and issue certificates of fire prevention and firefighting training for officers, professional soldiers, civil servants, officials, defense workers, non-commissioned officers, and soldiers of the Ministry of National Defense working at economic and social service facilities that require fire prevention and firefighting training and development in accordance with the regulations of the Ministry of Public Security.

4. The Rescue and Salvage Department shall take the lead and coordinate with relevant agencies of the Ministry of National Defense to organize inspections, examinations, and issue certificates of fire prevention and firefighting training for officers, professional soldiers, civil servants, officials, defense workers, non-commissioned officers, and soldiers of strategic military service facilities in accordance with the regulations of the Ministry of National Defense.

5. Campaign and tactical rescue departments shall take the lead and coordinate with provincial and centrally-administered city Fire Prevention and Fighting Police Departments; public security fire prevention and fighting police departments in the areas where they are stationed to organize inspections, examinations, and issue certificates of fire prevention and firefighting training for officers, professional soldiers, civil servants, officials, defense workers, non-commissioned officers, and soldiers of campaign and tactical military service facilities in accordance with the regulations of the Ministry of National Defense.

Article 6. Review on Fire Prevention and Firefighting

1. The Fire Prevention and Fighting Police Department shall review and inspect safety in fire prevention and firefighting during construction and inspect and accept completion regarding fire prevention and firefighting for investment projects and technical designs of defense works serving economic and social activities and special-purpose motor vehicles requiring fire safety guarantees manufactured or converted for specific use in economic and social activities approved and decided upon by the Prime Minister and the heads of the Ministry of National Defense in accordance with current laws on fire prevention and firefighting.

2. Provincial and centrally-administered city Fire Prevention and Fighting Police Departments; provincial Public Security Fire Prevention and Fighting Police Departments shall have the authority to review and inspect safety in fire prevention and firefighting during construction and inspect and accept completion regarding fire prevention and firefighting for investment projects and technical designs of defense works serving economic and social activities approved and decided upon by campaign and tactical level heads in accordance with current laws on fire prevention and firefighting.

3. The Rescue and Salvage Department shall implement conditions ensuring safety in fire prevention and firefighting in investment construction management in accordance with laws on fire prevention and firefighting for investment projects and technical designs of defense works serving military purposes and special-purpose motor vehicles requiring fire safety guarantees manufactured or converted for specific use in military operations at Group I of the Appendix issued together with this Circular.

4. Campaign and tactical levels shall implement conditions ensuring safety in fire prevention and firefighting in investment construction management in accordance with laws on fire prevention and firefighting and submit for approval by campaign and tactical level heads for investment projects and technical designs of defense works serving military purposes at Groups II and III of the Appendix issued together with this Circular and cases authorized by superiors.

In case there is a requirement for coordination to ensure safety in fire prevention and firefighting in investment construction management for investment projects and technical designs of defense works serving military purposes, the Rescue and Salvage Department shall issue a document requesting the Fire Prevention and Fighting Police Department; campaign and tactical levels shall issue a document requesting provincial and centrally-administered city Fire Prevention and Fighting Police Departments, public security fire prevention and fighting police departments in the areas where they are stationed to participate.

Article 7. Fire Safety Inspection

1. The Provincial Fire Prevention and Fighting Police; the Provincial Public Security Fire Prevention, Firefighting, and Rescue Department shall cooperate with campaign and tactical levels on their respective territories to conduct fire safety inspections for defense facilities serving economic and social activities in accordance with current laws on fire prevention and fighting.

2. The Search and Rescue Bureau shall inspect fire safety for facilities serving military purposes belonging to Group I of the Appendix attached hereto in accordance with current laws on fire prevention and fighting. Annually, it shall develop plans to coordinate with the Fire Prevention, Firefighting, and Rescue Police Bureau to inspect fire safety for certain facilities according to plans approved by the Head of the General Staff. To ensure national defense secrecy, participants in the inspection must be decided by the Director of the Search and Rescue Bureau and the Director of the Fire Prevention, Firefighting, and Rescue Police Bureau.

3. Campaign and tactical level rescue and relief units shall inspect fire safety for facilities serving military purposes belonging to Groups II and III of the Appendix attached hereto in accordance with current laws on fire prevention and fighting. Annually, they shall develop plans to coordinate with the Provincial Fire Prevention and Fighting Police and the Provincial Public Security Fire Prevention, Firefighting, and Rescue Department in their respective territories to inspect fire safety for certain facilities according to plans approved by the campaign and tactical level unit heads. To ensure national defense secrecy, participants in the inspection must be decided by the campaign and tactical level leaders and the Directors of the Provincial Fire Prevention and Fighting Police and the Heads of the Provincial Public Security Fire Prevention, Firefighting, and Rescue Department.

Article 8. Issuance of Permits for Hazardous Material Transportation

1. The Ministry of Public Security shall take the lead and implement the issuance of permits for hazardous material transportation (excluding industrial explosives) for economic and social activities using motorized transport vehicles in accordance with the authority stipulated in Circular No. 35/2010/TT-BCA dated October 11, 2010, issued by the Minister of Public Security, detailing regulations on the issuance of permits for the transportation of industrial explosives and hazardous materials, and Circular No. 04/2014/TT-BCA dated January 21, 2014, issued by the Minister of Public Security, amending and supplementing certain provisions of Circular No. 35/2010/TT-BCA dated October 11, 2010, concerning the issuance of permits for the transportation of industrial explosives and hazardous materials.

2. The Ministry of National Defense shall implement the issuance of permits for hazardous material transportation for military purposes using motorized transport vehicles of the Ministry of National Defense and ensuring safety conditions against fire and explosion; it shall also issue permits for the transportation of industrial explosives in accordance with Circular No. 22/2013/TT-BQP dated March 11, 2013, issued by the Minister of National Defense, detailing regulations on the management of industrial explosive activities within the Military.

Article 9. Construction of fire prevention and firefighting plans, construction and practice of firefighting plans

1. The head of the defense facility is responsible for building the firefighting plan and using the forces and means within their management scope, organizing specific coordination with the Fire Prevention and Fighting Police Force and the firefighting forces of other units in the area where they are stationed. Regularly practicing the approved firefighting plan at least once a year.

2. The head of the defense facility shall take the lead and coordinate with the provincial or centrally governed city Fire Prevention and Fighting Police Force, the provincial Public Security Fire Prevention, Firefighting, Rescue and Relief Police Department to build fire prevention and firefighting plans, construct and practice firefighting plans in large-scale fires, complex-evolving fires, firefighting plans requiring mobilization of forces and means from multiple agencies, organizations, or localities.

Article 10. Approval authority for firefighting plans

1. The immediate superior of the defense facility approves the firefighting plan that uses the on-site forces and means of that facility.

2. The head of the defense facility and the Director of the provincial or centrally governed city Fire Prevention and Fighting Police Force or the Head of the provincial Public Security Fire Prevention, Firefighting, Rescue and Relief Police Department approve the firefighting plan (specific firefighting situation) included in the coordinated plan for the defense facility within their management scope when the plan requires mobilization of forces and means from multiple agencies and organizations.

3. The Rescue and Relief Bureau and the Fire Prevention, Firefighting, Rescue and Relief Police Bureau approve the firefighting plan in large-scale fires, complex-evolving fires occurring at defense facilities when the plan requires mobilization of forces and means from localities, Ministries, sectors, and other units, in special cases, the Minister of two ministries shall submit to the Prime Minister for approval.

Article 11. Command of firefighting

1. When a fire occurs at a defense facility, the head of the defense facility where the fire occurred or the person authorized is the initial on-site commander. When the Fire Prevention and Fighting Police Force participates in firefighting, it shall be carried out according to the provisions of Clause 2 and Clause 3 of this Article.

2. When a fire occurs at defense facilities serving economic and social activities, the highest-ranking officer of the Fire Prevention and Fighting Police Force present at the fire scene is the firefighting commander.

3. When a fire occurs at a defense facility serving military purposes with participation of the Fire Prevention and Fighting Police Force, a Fire Incident Handling Command must be established, headed by the highest-ranking officer of the defense facility where the fire occurred who is present at the fire scene, with the highest-ranking officer of the participating Fire Prevention and Fighting Police Force as a member of the Fire Incident Handling Command and the firefighting commander.

Chapter III

IMPLEMENTATION

Article 12. Responsibility for coordination implementation

1. The Fire Prevention, Firefighting, Rescue and Relief Police Bureau assists the Minister of Public Security, the Rescue and Relief Bureau assists the Minister of National Defense in guiding and inspecting the implementation of Decree No. 78/2011/ND-CP and this Circular.

Annually at the end of the fourth quarter, the Fire Prevention, Firefighting, Rescue and Relief Police Bureau, the Rescue and Relief Bureau, the provincial or centrally governed city Fire Prevention and Fighting Police Force, the provincial Public Security Fire Prevention, Firefighting, Rescue and Relief Police Department, and the operational and tactical levels in the area organize interim summaries, final conclusions, and lessons learned in the work of coordinating the implementation of Decree No. 78/2011/ND-CP and this Circular.

2. Agencies, units, officers, soldiers, workers, and staff under the Ministry of Public Security, the Ministry of National Defense, and related organizations and individuals are responsible for implementing this Circular.

Article 13. Effective Date

1. This Circular takes effect from October 23, 2014.

2. During the implementation of this Circular, if there are difficulties or obstacles, organizations and individuals shall report to the Ministry of Public Security (through the Fire Prevention, Firefighting, Rescue and Relief Police Bureau) and the Ministry of National Defense (through the Rescue and Relief Bureau) for timely guidance.