This Circular provides detailed regulations on the allocation of responsibilities and coordination relationships among units in verifying and resolving fire incidents within the People's Public Security Force from January 15, 2026. It also guides the method of establishing files and providing materials to insurance companies when requested.
Đối tượng áp dụng
Fire Prevention and Fighting Police Department; Office of the Criminal Investigation Agency under the Ministry of Public Security; subordinate units under the Ministry of Public Security; and Directors of Provincial and Municipal Public Security Services.
Các điểm cốt lõi
- Specific allocation of responsibilities for each unit in verifying and resolving fire incidents.
- Regulations on the procedure and process for verifying and resolving fire incidents according to current laws.
- Guidance on the method of establishing files and providing materials to insurance companies when requested.
- Require officers under the Fire Prevention and Fighting Police Department to ensure compliance with the requirements stipulated in Clause 1, Article 4 of this Circular no later than June 15, 2026.
- Annually organize training sessions on the verification and resolution of fire incidents for officers under their management authority.
🌐 Tác động xã hội từ văn bản này
- Enhance the effectiveness in verifying and resolving fire incidents.
- Minimize casualties and property damage caused by fires.
- Facilitate the provision of information to insurance companies when requested.
❓ Câu hỏi thường gặp
When does this Circular replace Circular No. 88/2024/TT-BCA?
This Circular replaces Circular No. 88/2024/TT-BCA from January 15, 2026.
For fire incidents being verified and resolved according to Circular No. 88/2024/TT-BCA, until when must they continue to be implemented?
For fire incidents being verified and resolved according to Circular No. 88/2024/TT-BCA, they must continue to be implemented until the verification and resolution are completed.
Officers under the Fire Prevention and Fighting Police Department must ensure compliance with the requirements stipulated in Clause 1, Article 4 of this Circular no later than which date?
No later than June 15, 2026.
Toàn văn
CIRCULAR
Provisions on the allocation of responsibilities, coordination relationships, verification procedures, and handling of fire incidents within the People's Public Security
Based on the Criminal Procedure Code No. 101/2015/QH13 amended and supplemented by Law No. 02/2021/QH15 and Law No. 99/2025/QH15;
Based on the Law on the Organization of Criminal Investigation Agencies No. 99/2015/QH13;
Based on the Law on Administrative Violation Handling No. 15/2012/QH13 amended and supplemented by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2024/QH15, and Law No. 88/2025/QH15;
Pursuant to the Government Decree No. 02/2025/NĐ-CP dated February 18, 2025, regulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security amended and supplemented by Government Decree No. 11/2025/NĐ-CP;
Pursuant to the proposal of the Director of the Fire Prevention, Firefighting, and Rescue Police Department;
The Minister of Public Security issues this Circular providing for the allocation of responsibilities, coordination relationships, verification procedures, and handling of fire incidents within the People's Public Security.duties, coordination relations, verification procedures, and fire incident resolution processes within the Public Security Force. This Circular provides for responsibilities, coordination relationships in verifying and resolving fire incidents; procedures and formalities for verifying and resolving fire incidents; transferring files and documents, reporting systems, criteria for classifying fire incidents, and files for resolving fire incidents within the People's Public Security.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Circular applies to units and local public security agencies; criminal investigation agencies at all levels of the People's Public Security; firefighting, rescue forces; forensic technical forces; other forces within the People's Public Security, and organizations and individuals related to the work of verifying and resolving fire incidents.
Article 2. Applicability
This Circular applies to units and local public security forces; investigation agencies at various levels of the People's Public Security; firefighting and rescue forces; criminal technical investigation forces; other forces within the People's Public Security, and organizations and individuals related to fire incident verification and resolution work.
Article 3. Procedures for Verifying and Resolving Fire Incidents
1. Fire incidents shall be verified and resolved through administrative procedures when the following conditions are met: the fire has been extinguished; there are no fatalities or injuries, and preliminary damage assessment indicates losses below VND 100,000,000 with no signs of criminal offenses.
2. Fire incidents not falling under the provisions of Clause 1 of this Article shall be verified and resolved in accordance with the laws on criminal procedure.
Article 4. Professional Requirements and Allocation of Personnel from the Fire Prevention, Firefighting, and Rescue Police Department in Verifying and Resolving Fire Incidents
1. Investigators from the Fire Prevention, Firefighting, and Rescue Police Department must meet the following requirements:
a) Hold a degree from the University of People's Internal Affairs, University of Public Security, University of Fire Prevention and Fighting, or higher; or a bachelor’s degree in law with training in public security operations as prescribed;
b) Have at least one year of experience in legal work;
c) Have received training in verifying and resolving fire incidents.
2. Personnel from the Fire Prevention, Firefighting, and Rescue Police Department meeting the requirements stipulated in points b and c of Clause 1 of this Article may be assigned to verify and resolve fire incidents through administrative procedures.
3. Allocation of Verification and Resolution of Fire Incidents
a) Fire incidents verified and resolved according to the procedures and formalities for handling reports and tips about criminal offenses
The head of the Fire Prevention, Firefighting, and Rescue Police Department: directly performs or assigns and delegates authority to the deputy head; assigns investigators ensuring compliance with the provisions of Clause 1 of this Article to verify and resolve fire incidents within their jurisdiction as prescribed by criminal procedure laws and this Circular;
b) Fire incidents verified and resolved through administrative procedures
The Head of the Fire Prevention, Firefighting, and Rescue Police Department of the provincial or municipal police force (hereinafter referred to as the Fire Prevention, Firefighting, and Rescue Police Department) directly performs or assigns and delegates authority to the Deputy Head to verify and resolve fire incidents within their jurisdiction;
The Head of the Fire Prevention Team, the Head of the Firefighting and Rescue Team in the region, and the Head of the River Fire Prevention, Firefighting, and Rescue Police Team within the Fire Prevention, Firefighting, and Rescue Police Department: directly performs or assigns and delegates authority to the Deputy Head; assigns personnel ensuring compliance with the provisions of Clause 1 and Clause 2 of this Article to verify and resolve fire incidents within their jurisdiction;
c) When assigning personnel to verify and resolve fire incidents, there must be a main handler and other personnel performing assigned tasks.
Article 5. Forms
1. The Circular hereby promulgates the following forms:
a) Preliminary damage assessment record regarding persons, property, and the leading unit for investigating and resolving fire incidents (Form No. 01);
b) Record of transferring initial files and documents (Form No. 02);
c) Fire scene recording form (Form No. 03);
d) Fire scene layout diagram (Form No. 04);
đ) Statement recording form (Form No. 05);
e) Inspection and investigation plan for fire incidents (Form No. 06);
g) Report on the results of fire scene examination (Form No. 07);
h) Proposal for resolving fire incidents (Form No. 08);
i) Decision on assigning tasks to investigate and resolve fire incidents (Form No. 09);
k) Request for forensic appraisal/valuation of assets (Form No. 10);
l) Notification of the results of investigation and resolution of fire incidents (Form No. 11);
m) Document providing materials (Form No. 12);
n) Administrative procedure fire incident resolution tracking book (Form No. 13);
o) Statistics on the results of investigation and resolution of fire incidents through administrative procedures (Form No. 14);
p) Statistics on the results of investigation and resolution of fire incidents through criminal proceedings (Form No. 15);
k) Statistics on the results of resolution of fire incidents by investigative agencies (Form No. 16).
2. In addition to the forms prescribed in Clause 1 of this Article, during the process of investigating and resolving fire incidents, authorized persons shall use forms as prescribed by law.
Chapter II
ASSIGNMENT OF RESPONSIBILITIES AND COORDINATION
Article 6. Responsibilities of Police Stations at Communes, Wards, Special Administrative Zones, and Police Posts
Police stations at communes, wards, special administrative zones (hereinafter referred to as commune-level police stations), and police posts shall perform the following tasks:
1. Tasks at the scene
a) Participate in firefighting, rescue operations, protect the scene, safeguard property, and ensure security and public order in the area where the fire occurred as stipulated;
b) Collect and record traces, objects, and documents at the scene that may be altered or destroyed (if applicable);
c) Identify and take statements from individuals who know about the incident, those involved, and suspects causing the fire according to Form No. 05 promulgated with this Circular (if applicable);
d) Gather information and documents related to the fire incident, surveillance camera data from relevant organizations, households, and individuals (if applicable);
đ) Report specific circumstances, hand over collected documents and objects to competent authorities (if applicable);
e) Coordinate with forces to determine preliminary losses regarding persons and property.
2. Lead the investigation and resolution of fire incidents through administrative procedures for fires not within the scope of management for fire prevention and firefighting under the jurisdictional division of the Provincial Public Security Director (hereinafter referred to as provincial-level public security).
3. Implement administrative penalties for violations of fire prevention, firefighting, and rescue operations as prescribed by law.
4. Coordinate in investigating and resolving fire incidents handled by investigative agencies, fire prevention and firefighting police units when requested.
5. The Chief of the commune-level police station and the Head of the police post are responsible for organizing the implementation of the tasks prescribed in Clauses 1, 2, 3, and 4 of this Article.
- Prime Minister;7Responsibilities of the Fire Prevention and Firefighting Rescue Police Department
1. Perform tasks at the scene
a) Organize firefighting, rescue operations as prescribed; collect information on the time, location, development of the fire incident, direction of fire spread, point of origin, extent, or area of the fire;
b) Observe and record preliminary traces, objects, and documents at the scene; record changes at the scene during the organization of firefighting and rescue operations;
c) Take photos of the scene; record video footage of the scene if necessary;
d) Collect information on firefighting and rescue operations;
đ) Record the position, condition, and characteristics of victims before they are removed from the scene (if applicable).
2. Lead the preliminary determination of losses regarding persons and property, except for fire incidents within the jurisdiction of military investigative agencies and forest fires.
3. Lead the investigation and resolution of fire incidents without fatalities or injuries, except for fire incidents within the jurisdiction of investigative agencies, commune-level police stations, police posts, military investigative agencies, forestry agencies, and forest rangers.
During the investigation and resolution process, if a fire incident shows signs of a crime not covered by Articles 305, 307, 311, 312, and 313 of the Criminal Code 2015 (amended in 2017 and 2025), it shall be transferred to the investigative agency according to the provisions of the Criminal Procedure Law.
4. Implement administrative penalties for violations of fire prevention, firefighting, and rescue operations as prescribed by law.
5. Coordinate in investigating and resolving fire incidents handled by investigative agencies when requested.
6. The Head of the Fire Prevention and Firefighting Rescue Police Department is responsible for organizing the implementation of the tasks prescribed in Clauses 1, 2, 3, 4, and 5 of this Article. Assign units to handle investigations and resolutions within their authority:
a) Investigation and resolution team of the Fire Prevention Task Force (hereinafter referred to as the Investigation and Resolution Team): investigate and resolve fire incidents through the handling of reports and tips on crimes; investigate and resolve fire incidents through administrative procedures when assigned;
b) Firefighting and rescue teams in regions, river-based firefighting and rescue police units: lead the preliminary determination of losses regarding persons and property; investigate and resolve fire incidents through administrative procedures within their jurisdiction, excluding those handled by the Investigation and Resolution Team; coordinate in investigating and resolving fire incidents handled by the Investigation and Resolution Team and investigative agencies when requested;
c) The assignment of units to handle investigations and resolutions must be documented for each fire incident or individually.
- Prime Minister;8Responsibilities of the Fire Prevention and Firefighting Rescue General Bureau
1. Direct, command, and participate in firefighting and rescue operations as prescribed.
2. Lead the investigation and resolution of fire incidents showing signs of crimes within the jurisdiction of the Fire Prevention and Firefighting Rescue Police Department as assigned by the Minister of Public Security; coordinate in investigating and resolving fire incidents handled by investigative agencies when requested.
3. Implement administrative penalties for violations of fire prevention, firefighting, and rescue operations as prescribed by law.
4. The Director of the Fire Prevention, Firefighting, and Rescue Service Bureau shall be responsible for organizing the implementation of the tasks prescribed in Clauses 1, 2, and 3 of this Article. Assigning officers under their management to cooperate with the Fire Prevention, Firefighting, and Rescue Service Department to verify and resolve fire incidents that have criminal signs and complicated circumstances when deemed necessary.
- Prime Minister;9. Tasks of the Investigative Agency, technical police force,Kỹ thuật hình sự,other forces within the People's Public Security
1. The Provincial Police Investigation Department shall be responsible for:
a) Taking the lead in verifying and resolving fire incidents with criminal signs within its jurisdiction, except those under the jurisdiction of the agencies specified in Clause 2 of this Article, Articles 6, 7, 8, and 10 of this Circular;
b) Participating and cooperating in verifying and resolving fire incidents handled by the Fire Prevention, Firefighting, and Rescue Service Department occurring at the premises or means of transportation of diplomatic missions, consular offices, representative offices of international organizations, or residences of foreign nationals who are members of these agencies, as stipulated by the Constitution, laws of Vietnam, and international treaties to which Vietnam is a party. Leading the implementation of tasks according to the Criminal Procedure Law;
c) Receiving, verifying, and resolving fire incidents with criminal signs transferred by other agencies in accordance with the Criminal Procedure Law and this Circular;
d) Investigators from the Provincial Police Investigation Department (hereinafter referred to as the Investigation Department) stationed at the Commune Police shall cooperate with the Fire Prevention, Firefighting, and Rescue Service Department to initially determine casualties and property damage;
In cases where investigators stationed at the Commune Police cannot meet requirements or when deemed necessary, the Investigation Department shall assign investigators from direct investigation units to cooperate with the Fire Prevention, Firefighting, and Rescue Service Department to carry out the task;
e) Cooperating in verifying and resolving fire incidents handled by the Fire Prevention, Firefighting, and Rescue Service Department upon request;
2. The Provincial Security Investigation Department, the Ministry of Public Security Investigation Department, and the Ministry of Public Security Security Investigation Department shall be responsible for receiving, verifying, and resolving fire incidents with criminal signs within their jurisdiction or as assigned by competent authorities in accordance with the Criminal Procedure Law.
3. The Technical Police Force shall be responsible for participating in examining the scene; conducting appraisals upon requests from investigative agencies or proposals from other agencies.
4. Other forces within the People's Public Security shall be responsible for cooperating and implementing the requirements of investigative agencies and the Fire Prevention, Firefighting, and Rescue Service Department in verifying and resolving fire incidents upon request.
5. Heads of agencies and units within their authority shall be responsible for organizing the implementation of the tasks prescribed in Clauses 1, 2, 3, and 4 of this Article.
Article 10. Verification and Resolution of Fires Within the Jurisdiction of Investigative Agencies in the People's Army, forest fires
1. For fire incidents with criminal signs within the jurisdiction of investigative agencies in the People's Army, within three days from the date of determining such signs, the People's Public Security Investigative Agency, the Fire Prevention, Firefighting, and Rescue Service Department handling the case shall transfer the case to the competent investigative agency in the People's Army for resolution in accordance with the Criminal Procedure Law.
2. The People's Public Security Investigative Agency shall be responsible for leading the verification and resolution of forest fires with criminal signs within its jurisdiction; receiving files, objects, and documents related to forest fires transferred by the Forestry and Forest Protection Departments to verify and resolve in accordance with the Criminal Procedure Law.
3. The People's Public Security Investigative Agency, the Fire Prevention, Firefighting, and Rescue Service Department shall cooperate in verifying and resolving fire incidents handled by investigative agencies in the People's Army, Forestry Departments, and Forest Protection Departments upon request.
Chapter III
VERIFICATION AND RESOLUTION OF FIRES
Section 1. IMPLEMENTATION OF TASKS AT THE INCIDENT SITE
Article 11. Responsibilities of forces implementing tasks at the incident site
1. After receiving fire alarm information, the Fire Prevention, Firefighting, and Rescue Police Department shall notify the Public Security Office of the commune or the Police Station managing the area where the fire occurred, the Criminal Investigation Agency, and related units.
2. The local firefighting, rescue, and rescue team or the river firefighting, rescue, and rescue police team managing the area where the fire occurred shall take the lead and coordinate with relevant agencies and units to perform tasks at the incident site as prescribed in Clause 1 of Article 6, Clause 1 of Article 7, and Point d of Clause 1 of Article 9 of this Circular.
3. Heads of agencies and units specified in Clause 1 of this Article shall assign forces under their management to cooperate in performing tasks as prescribed in this Circular and related laws.
Article 12. Preliminary determination of damage to personsi,and property, agency in charge of verifying and resolving the fire case
1. The local firefighting, rescue, and rescue team or the river firefighting, rescue, and rescue police team managing the area where the fire occurred shall take the lead and coordinate with relevant agencies and units to conduct a preliminary determination of damage to persons and property, and verify and resolve the fire case, including the following components:
a) Team leader and officers from the local firefighting, rescue, and rescue team or the river firefighting, rescue, and rescue police team; officers assigned to the fire investigation and resolution team;
b) Representatives of the Public Security Office of the commune or investigators stationed at the Public Security Office managing the area where the fire occurred; representatives of the Police Station managing the area where the fire occurred; investigators assigned by the Criminal Investigation Agency;
c) Representatives of the People's Committee of the commune where the fire occurred;
d) Representatives of organizations, institutions, facilities; representatives of households, owners of transportation means, lawful owners of damaged property, or their authorized representatives (if any);
đ) Witnesses, parties with rights and obligations, experts (if any).
2. Content of preliminary determination of damage to persons and property
a) Number of deaths and injuries;
b) Damage to property (total value of houses, structures, and assets attached to houses and structures, transportation means, materials, equipment, and other goods and assets damaged by fire when sufficient evidence is available to determine the value);
c) Signs of criminal offenses as prescribed by criminal law.
3. Methods and procedures for preliminary determination of damage to persons and property
The head of the leading unit shall assign components to carry out tasks:
a) Taking statements from victims and collecting relevant documents on property damaged by fire (if any);
b) Evaluating and conducting a preliminary determination according to the contents prescribed in Clause 2 of this Article.
4. Determination of procedures and authority for verification and resolution of the fire case as prescribed in Articles 3, 6, 7, and 9 of this Circular.
5. The preliminary determination of damage to persons and property, led by the agency in charge of verifying and resolving the fire case, must prepare a Record according to Form No. 01 issued together with this Circular. In cases where participants have differing opinions, the leading agency shall decide the result of the preliminary determination of damage to persons and property.
Article 13. Transfer of files and documents
1. Based on the results determined in Clause 4 of Article 12 of this Circular, the agency in charge of the preliminary determination of damage to persons and property shall transfer initial files and documents to the agency or unit responsible for investigating and resolving the fire case, specifically:
a) The Public Security Office of the commune or the Police Station investigating and resolving the fire case as prescribed in Clause 2 of Article 6 of this Circular;
b) The Fire Prevention, Firefighting, and Rescue Police Department investigating and resolving the fire case as prescribed in Clauses 3 and 6 of Article 7 of this Circular;
c) The Criminal Investigation Agency investigating and resolving the fire case as prescribed in Point a of Clause 1 of Article 9 of this Circular.
2. Officers from the agency or unit responsible for investigating and resolving the fire case as prescribed in Clause 1 of this Article who participate in the preliminary determination of damage to persons and property shall receive the transferred files and documents. The transfer and receipt of files and documents must be recorded in a Record according to Form No. 02 issued together with this Circular.
3. In cases where the fire is directly assigned by the Minister of Public Security, the Director of the Provincial Public Security Department, or the Head of the Provincial Criminal Investigation Agency to handle the investigation and resolution, the Fire Prevention, Firefighting, and Rescue Police Department shall transfer files and documents to the assigned agency.
Mục 2. VERIFICATION AND RESOLUTION OF FIRES IN ADMINISTRATIVE PROCEDURES
Article 14. Verification and Resolution of Fires by the Fire Prevention, Firefighting, Rescue and Search and Rescue Police Department
The Head of the Fire Prevention, Firefighting, Rescue and Search and Rescue Police Department assigns units to verify and resolve fires within their jurisdiction as stipulated in Clause 6, Article 7 of this Circular. The assigned unit shall perform the following tasks:
1. Assignment for verification and resolution of fires
a) Staff receiving files and documents as stipulated in Clause 2, Article 13 of this Circular shall draft proposals and assign commanders and staff to verify and resolve fires according to Model No. 08 and Model No. 09 issued with this Circular, and report to the Head of the Firefighting and Rescue Team or the Head of the Fire Prevention, Firefighting, Rescue and Search and Rescue Police Department on rivers within their jurisdiction or the Head of the Fire Prevention Task Force for fires handled by the Verification and Resolution Team assigned by the Head of the Fire Prevention, Firefighting, Rescue and Search and Rescue Police Department;
b) The authorized person as specified in point a of this clause shall approve and sign the Decision on assignment for verification and resolution of fires according to point b, Clause 3, Article 4 of this Circular within no more than two working days from the end of file and document receipt.
2. Staff assigned to verify and resolve fires shall perform the following tasks:
a) Prepare records documenting the fire scene, draw diagrams of the fire scene according to Model No. 03 and Model No. 04 issued with this Circular; prepare photographs including general scenes, detailed scenes, and specific traces with a minimum of two photos each type, sized 9cm x 12cm, pasted on A4 paper, numbered and annotated under each photo;
b) Prepare statements according to Model No. 05 issued with this Circular;
c) Summarize results, determine causes of fire, losses, administrative violations, and criminal signs. In cases where there are criminal signs, prepare a report to the authorized person to transfer case files and documents to competent authorities according to Articles 9 and 10 of this Circular for investigation and resolution of fires in accordance with criminal procedure laws;
d) Draft proposals for resolving fires, issue notifications of verification and resolution results according to Model No. 08 and Model No. 11 issued with this Circular, report to commanders for comments before submitting to the authorized person for approval and signature. Administer administrative penalties within authority or report to the authorized person for administrative penalty decisions for fires showing signs of administrative violations related to fire prevention, firefighting, rescue, and search and rescue according to laws on administrative violation handling;
e) Number and stamp the Notification of Verification and Resolution Results; send the Notification to relevant agencies, organizations, and individuals as required;
f) Record in the logbook for administrative procedures fire resolution according to Model No. 13 issued with this Circular;
g) Establish and store files in accordance with regulations on public security business files.
3. The Head of the Team or Deputy Head of the Team (assigned or authorized) reviews and submits to the Head of the Department or Deputy Head of the Department (assigned or authorized) for approval and signing of the Notification of Verification and Resolution Results; approves and signs according to authority or submits to the authorized person for approval and signing of the Administrative Violation Penalty Decision on fire prevention, firefighting, rescue, and search and rescue according to laws on administrative violation handling.
4. When verifying and resolving fires, if necessary, the handling unit reports to the Head of the Department or Deputy Head of the Department (assigned or authorized) for a written request to competent authorities to conduct appraisals and asset valuations to assist in resolving fires.
Article 15. Verification and Resolution of Fires by Police Stations at Commune Level and Police Posts
a) Staff receiving files and documents as stipulated in Clause 2, Article 13 of this Circular shall draft proposals and assign commanders and staff to verify and resolve fires according to Model No. 08 and Model No. 09 issued with this Circular, and report to the Head of the Commune Police Station or the Head of the Police Post;
a) Staff receiving files and documents as stipulated in Clause 2, Article 13 of this Circular shall draft proposals and assign commanders and staff to verify and resolve fires according to Model No. 08 and Model No. 09 issued with this Circular, and report to the Head of the Firefighting and Rescue Team or the Head of the Fire Prevention, Firefighting, Rescue and Search and Rescue Police Department on rivers within their jurisdiction or the Head of the Fire Prevention Task Force for fires handled by the Verification and Resolution Team assigned by the Head of the Fire Prevention, Firefighting, Rescue and Search and Rescue Police Department;
b) The authorized person as specified in point a of this clause shall approve and sign the Decision on assignment for verification and resolution of fires within no more than two working days from the end of file and document receipt.
2. Staff assigned to lead shall perform the tasks specified in Clause 2, Article 14 of this Circular.
3. The Head of the Commune Police Station or Deputy Head of the Commune Police Station (assigned or authorized), the Head of the Police Post or Deputy Head of the Police Post (assigned or authorized) shall approve and sign the Notification of Verification and Resolution Results; approve and sign according to authority or submit to the authorized person for approval and signing of the Administrative Violation Penalty Decision on fire prevention, firefighting, rescue, and search and rescue according to laws on administrative violation handling.
4. During the process of verifying and resolving fires, if necessary, the Head of the Commune Police Station or Deputy Head of the Commune Police Station (assigned or authorized), the Head of the Police Post or Deputy Head of the Police Post (assigned or authorized) shall prepare a written request to competent authorities to conduct appraisals and asset valuations to assist in resolving fires.
4. During the process of verifying and resolving fire incidents, when necessary, the Head of the Commune-level Public Security Office or Deputy Head of the Commune-level Public Security Office (assigned or authorized), the Head of the Police Station or Deputy Head of the Police Station (assigned or authorized) shall issue a written request to the competent authority to conduct appraisals and asset valuation to assist in resolving the fire incident.
Article 16. Time limit for investigation and resolution
1. The time limit for investigating and resolving a fire case is 15 working days from the date of assignment to resolve the case. In cases with complex circumstances, the time limit for investigation and resolution shall not exceed 30 working days from the date of assignment to resolve the case.
2. For fire cases where there is a request for competent authorities to conduct appraisals and valuation of assets, if the time limit for investigation and resolution as stipulated in Clause 1 of this Article has expired without receiving the results, the Notice of Investigation and Resolution Results shall not be issued.
Within no more than three working days from the date of receipt of the appraisal and valuation results of the competent authority, the agency or unit handling the case must issue the Notice of Investigation and Resolution Results.
3. In cases where there are signs of administrative violations related to fire prevention, firefighting, rescue, and relief, the time limit for resolution shall be carried out in accordance with the provisions of the law on administrative violation handling.
Section 3. INVESTIGATION AND RESOLUTION OF FIRE CASES ACCORDING TO THE PROCEDURES AND FORMALITIES FOR HANDLING COMPLAINTS AND REPORTS ON CRIMES BY THE FIRE PREVENTION, FIREFIGHTING, AND RESCUE POLICE ORGANIZATION
Article 17. Receiving, categorizing, processing, and resolving complaints and reports on crimes concerning fires
1. Staff receiving files and documents as stipulated in Clause 2 of Article 13 of this Circular shall transfer the files and documents to staff directly responsible for receiving complaints and reports on crimes of the Fire Prevention, Firefighting, and Rescue Police Organization in accordance with the provisions of criminal procedure law.
2. The classification, processing, and resolution of complaints and reports on crimes shall be carried out in accordance with the provisions of the criminal procedure law and the provisions of Articles 18, 19, 20, 21, 22, and 23 of this Circular.
The head of the Fire Prevention, Firefighting, and Rescue Police Organization assigns and delegates the deputy head and staff under their management to receive, categorize, process, and resolve complaints and reports on crimes in accordance with the provisions of the criminal procedure law and the provisions of Point a, Clause 3, Article 4 of this Circular.
3. The main investigator must develop a Plan for inspecting and investigating the fire case according to Model Number 06 issued together with this Circular.
Article 18. Examination of the fire scene
The examination of the fire scene shall be conducted in accordance with the provisions of the criminal procedure law and the following contents:
1. Actions to be taken before examining the fire scene
a) Receiving and understanding the situation regarding the protection of the scene, collecting information about the fire through victims, witnesses, persons with rights and interests related to the fire, participants in firefighting and rescue operations;
b) The leading agency shall notify the composition of the team participating in the examination of the fire scene including:
The force conducting the examination: Investigators, Prosecutors, forensic technical forces; staff from the Fire Prevention, Firefighting, and Rescue Bureau assigned to participate;
Additional forces participating when necessary: representatives of the People's Committee at the commune level, Public Security at the commune level, Police Station where the fire occurred; individuals and organizations related to the examination of the scene, persons with relevant expertise; representatives of agencies, organizations, households, vehicle owners; persons with rights and interests related to the fire;
c) Assigning tasks to members participating in the examination of the scene; selecting methods and tactics for examining the scene; preparing technical equipment and tools for the examination of the scene;
d) Determining the scope and assessing the safety level of the scene;
đ) Taking timely measures to ensure the integrity of traces, objects, documents, and electronic data that are at risk of being destroyed or altered (if applicable).
2. Conducting the examination of the fire scene
a) Observing the entire area where the fire occurred; determining the location of the scene, setting reference points (landmarks); determining the location of victims, marking points to locate traces, objects, documents, and means related to the fire at the scene (if applicable); marking the positions and numbering all victims, traces, objects, documents, and means related to the fire;
b) Photographing the overall scene, partial scenes, detailed scenes; photographs of specific traces and objects must include scale rulers; photographs of the scene must be compiled into a Scene Photography Book and arranged in order with annotations for each photograph; recording video of the scene when necessary;
c) Measuring and drawing a diagram of the scene: using consistent symbols and units of measurement; the explanatory section must show the scale of the drawing, traces, and symbols on the scene diagram; graphic software can be used to draw the scene diagram;
d) Discovering, recording, collecting, and preserving traces, objects, documents, and means at the scene; collecting comparative samples (if applicable).
3. Packaging and sealing samples; outside the packaging must record the case name, type of trace, location, date, month, year of collection, and signatures of the participants as required by law.
4. Preparing the Record of Scene Examination and drawing the Scene Diagram in accordance with the provisions of the law. The content of the Record of Scene Examination must record the start and end times of the examination, the location, and the participants in the examination; the condition of the scene before the examination, weather and lighting conditions during the examination, the examination process, specifically: describing the location of the scene, characteristics of the scene (directions, scenery, structure, location of the scene and the central area of the scene); describing each part of the scene; describing the location and characteristics (type, shape, size, direction, state, color) of victims (if applicable), traces, objects, means found at the scene and their relationship with other traces, objects, means at the scene according to the marked numbers; recording the number of traces, objects, means discovered and collected, preservation methods, and comparative samples.
5. Preliminary assessment of the traces, objects, and means discovered and collected, preliminary determination of the time of occurrence of the fire, the point of origin of the fire, and the initial burning area; holding a debriefing meeting; approving the Record of Scene Examination, participants signing to confirm the Record of Scene Examination and the Scene Diagram. The person in charge of the examination decides whether to conclude or continue protecting the scene.
6. After inspecting the scene, the main investigating officer must report the results of the fire scene inspection according to Model Number 07 issued together with this Circular.
Article 19. Collection and processing of documents related to the fire incident
1. Collect documents related to: fire prevention and firefighting management records of the Fire Prevention and Fighting Police Department, construction-related agencies, People's Committees at the commune level; fire prevention and firefighting management records of the premises; other relevant documents (if any).
2. Collect files and documents related to the fire incident: diagrams, drawings, technical documents, user manuals, operation guides, duties of relevant persons; accounting books, invoices, certificates, and other related documents (if any).
3. Collect other information and documents necessary for determining the criminal acts of individuals involved in the fire incident.
Article 20. Requesting Appraisal and Asset Valuation by the Fire Prevention and Fighting Police Department
1. When falling under one of the cases stipulated in Articles 205 and 215 of the Criminal Procedure Code, the Fire Prevention and Fighting Police Department handling the case shall issue a written request to the same-level Investigation Police Department to conduct an appraisal and asset valuation according to Model Number 10 issued together with this Circular as a basis for resolving reports and accusations of crimes.
2. The Investigation Police Department, upon receiving the written request from the Fire Prevention and Fighting Police Department, shall be responsible for examining the grounds, documents, objects, and samples.
If the conditions are met, the Investigation Police Department shall issue a Decision requesting an appraisal and a document requesting asset valuation.
If the conditions are not yet met to issue a Decision requesting an appraisal or asset valuation, the Investigation Police Department shall exchange and request the Fire Prevention and Fighting Police Department to supplement the information and documents.
If the Investigation Police Department considers it unnecessary to conduct an appraisal or asset valuation, it shall notify the Fire Prevention and Fighting Police Department and the competent Procuracy in writing.
3. The Investigation Police Department shall be responsible for sending the Decision requesting an appraisal, the file, and the subject of the appraisal to the organization or individual conducting the appraisal; sending the asset valuation request, the file, and the subject of the asset valuation request to the designated Asset Valuation Committee.
4. Upon receiving the Appraisal Conclusion and Asset Valuation Conclusion, the Investigation Police Department shall be responsible for notifying and transferring those Conclusions to the Fire Prevention and Fighting Police Department to serve the resolution of reports and accusations of crimes.
5. Within 24 hours from the issuance of the written request for the Investigation Police Department to issue a Decision requesting an appraisal or asset valuation, the Fire Prevention and Fighting Police Department must send that document to the competent Procuracy.
6. Within 24 hours from issuing the Decision requesting an appraisal or asset valuation, the Investigation Police Department must send the Decision and request to the competent Procuracy and the Fire Prevention and Fighting Police Department that has issued the written request.
7. Within 24 hours from receiving the Appraisal Conclusion and Asset Valuation Conclusion, the Investigation Police Department must notify in writing and transfer those Conclusions to the competent Procuracy and the Fire Prevention and Fighting Police Department that has issued the written request.
Article 21. Taking Statements from Representatives of Affected Premises, Households, Vehicle Owners, Witnesses, and Persons with Knowledge
1. The content of taking statements from representatives of organizations, individuals who are the owners or lawful managers of affected premises or vehicles: information about the fire incident and firefighting efforts, rescue operations; circumstances related before, during, and after the fire; losses caused by the fire.
For representatives of affected premises, households, vehicle owners, the statement-taking must include statistics and estimates of losses in terms of human life and property. If there are documents proving property damage, they should be requested to submit and a receipt for submission should be established according to the provisions of criminal procedure law.
2. When taking statements from witnesses, persons with knowledge, and persons with connections, their capacity to act, relationship with the affected premises, households, vehicle owners, witnessed or known circumstances, and reasons for knowing such circumstances must be determined.
For witnesses under 18 years old, when taking statements, it must be carried out according to the provisions of criminal procedure law.
3. In cases where statements are taken from foreigners, deaf-mute persons related to the fire incident, interpreters and translators must be required according to the provisions of criminal procedure law.
4. Investigators assigned to take statements must establish a Record of Statement-Taking according to the provisions of criminal procedure law.
Article 22. Reporting Results of Verification and Resolution of Fire Incidents According to Procedures and Formalities for Handling Criminal Reports
1. At least seven days before the end of the resolution period or upon completion of the inspection and verification of the fire incident, the main investigator must have a written report on the conclusion of the verification or propose an extension of the inspection and verification period, which must be submitted for review by the direct supervisor before being reported to the Head or Deputy Head (assigned or authorized) of the Fire Prevention, Firefighting, and Rescue Police Department.
The content of the report on the conclusion of the verification must clearly state the results of resolving the fire incident and specific proposals regarding: initiating a criminal investigation; not initiating a criminal investigation; temporarily suspending the verification and resolution of the fire incident.
2. The Head or Deputy Head (assigned or authorized) of the Fire Prevention, Firefighting, and Rescue Police Department evaluates the results of verifying and resolving the fire incident to implement according to Article 23 of this Circular.
Article 23. Issuing Decisions to Initiate Criminal Investigations, Decisions Not to Initiate Criminal Investigations, Decisions to Temporarily Suspend, Decisions to Resume and Time Limit for Continuing to Resolve Fire Incidents; Acceptance and Resolution of Complaints and Accusations
Based on the results of collecting information and verifying the fire incident within the jurisdiction as prescribed by criminal procedure law, the Head or Deputy Head (assigned or authorized) of the Fire Prevention, Firefighting, and Rescue Police Department together with the main investigator will evaluate the results of verifying and resolving the fire incident, identify signs of criminal offenses, and carry out the following contents:
1. The fire incident has signs of a criminal offense
a) The Head or Deputy Head (assigned or authorized) of the Fire Prevention, Firefighting, and Rescue Police Department issues a Decision to Initiate a Criminal Investigation;
b) Within 24 hours from issuing the Decision to Initiate a Criminal Investigation, the Fire Prevention, Firefighting, and Rescue Police Department must send the Decision along with relevant documents to the competent Procuracy for supervision of the initiation. Within seven days from issuing the Decision to Initiate a Criminal Investigation, the Fire Prevention, Firefighting, and Rescue Police Department transfers the Decision to Initiate a Criminal Investigation along with relevant documents to the competent Investigative Agency. A Record of Handover of Files (if there are objects, documents, evidence, a Record of Handover of Objects, Documents, Evidence must be established) must be created according to the provisions of criminal procedure law.
2. The fire incident does not have signs of a criminal offense
a) The Head or Deputy Head (assigned or authorized) of the Fire Prevention, Firefighting, and Rescue Police Department issues a Decision Not to Initiate a Criminal Investigation and a Notification of the Result of Resolving Information About Criminal Offenses according to the provisions of criminal procedure law.
Within 24 hours from issuing the Decision Not to Initiate a Criminal Investigation, the Fire Prevention, Firefighting, and Rescue Police Department must send the Decision along with relevant documents to the competent Procuracy;
b) After completing the verification and resolution of the fire incident, the main investigator completes the file, reports to the competent authority to conclude the verification and resolution of the fire incident; implements statistical and reporting systems according to regulations;
c) Enforces or reports to the competent authority to impose administrative penalties for fire incidents that show signs of administrative violations concerning fire prevention, firefighting, and rescue according to the provisions of administrative violation handling law.
3. The issuance of Decisions to Temporarily Suspend, Decisions to Resume and Time Limit for Continuing to Resolve Fire Incidents is implemented according to the provisions of criminal procedure law.
4. In cases where the Fire Prevention, Firefighting, and Rescue Police Department handles fire incidents showing signs of criminal offenses and having complex circumstances, they shall cooperate with the Investigative Police Department to report to the Chief of the Investigative Police Department of the provincial police force to decide on assigning the Fire Prevention, Firefighting, and Rescue Police Department to continue implementing within its jurisdiction or transferring to the Investigative Police Department to accept, verify, and resolve according to the provisions of criminal procedure law.
5. The Head or Deputy Head (assigned or authorized) directs the implementation of accepting and resolving complaints and accusations according to the provisions of criminal procedure law.
Section 4. INVESTIGATION AND SETTLEMENT OF FIRES IN ACCORDANCE WITH THE PROCEDURES FOR HANDLING CRIMINAL COMPLAINTS AND REPORTS OF CRIMES BY THE INVESTIGATION AUTHORITY
Article 24. Acceptance, Classification, Handling, and Resolution of Criminal Complaints and Reports Regarding Fires
1. The investigator shall accept the file and documents as prescribed in Clause 2 of Article 13 of this Circular and transfer them to the duty criminal police office of the investigation authority for the acceptance of criminal complaints and reports in accordance with the provisions of the criminal procedure law.
2. The classification, handling, resolution of criminal complaints and reports, and the implementation of criminal procedures shall be carried out in accordance with the provisions of the criminal procedure law.
3. The main investigator must develop a Fire Investigation and Verification Plan according to Model No. 06 issued together with this Circular.
Article 25. Administrative Sanctions
In cases where there are signs of administrative violations related to fire prevention, firefighting, rescue operations but no signs of crimes, the investigators or officers assigned by the investigation authority shall handle the matter in accordance with the laws on administrative violation handling.
Section5. TRANSFER OF FILES, REPORTING SYSTEMS, AND CRITERIA FOR CLASSIFYING FIRES AND FILES FOR INVESTIGATION AND SETTLEMENT
OF FIRES Article 26. Transfer of Files, Reporting Systems, and Criteria for Classifying Fires
1. File Transfer Work
a) For fires where the Fire Prevention, Firefighting, and Rescue Police Department issues a decision to initiate a criminal case, the decision and relevant files and evidence shall be transferred in accordance with the provisions of the criminal procedure law;
b) For fires where the investigation authority issues a decision not to initiate a criminal case, a decision to revoke a decision to initiate a criminal case, a decision to terminate an investigation, or a decision to terminate the case against a suspect, if the act has signs of administrative violations related to fire prevention, firefighting, and rescue operations, it shall be handled in accordance with the provisions of the criminal procedure law and the laws on administrative violation handling;
c) When transferring files, it must be done strictly in accordance with the regulations and guidelines of the Ministry of Public Security regarding the public security business file work.
2. Information System
a) Within ten days from the date of the resolution, the Fire Prevention, Firefighting, and Rescue Police Department must notify the results of the verification and resolution of the fire within its jurisdiction in writing to the investigation authority that transferred the file;
b) Within ten days from the date of the resolution, the investigation authority must notify the results of the verification and resolution of the fire in writing to the Fire Prevention, Firefighting, and Rescue Police Department at the same level to serve statistical and reporting purposes on the fire as prescribed.
3. In cases where there is no consensus between the transferring and receiving authorities regarding the signs considered as signs of crimes or administrative violations for the purpose of verifying and resolving the fire, the authority responsible for handling the file shall report to the immediate superior authority for guidance.
4. Reporting System
Provincial and municipal public security organs shall implement the system of statistics, reporting, and sending to the Fire Prevention, Firefighting, and Rescue Police Bureau:
a) Quarterly statistics on the number of verified and resolved fires according to Models No. 14, 15, and 16 attached to this Circular;
b) Implement regular reporting systems every six months and annually as prescribed by the Ministry of Public Security.
5. Criteria for Classifying Fires
a) A Level I fire is a fire without casualties and falls under one of the following circumstances: property damage under 100,000,000 VND or burned area of forest, field, paddy less than 0.5 hectares;
b) A Level II fire is a fire falling under one of the following circumstances: causing injury or harm to health of people with a total percentage of body damage below 61%; causing property damage valued from 100,000,000 VND to under 3,000,000,000 VND or burned area of forest, field, paddy from 0.5 hectares to under 5 hectares;
c) A Level III fire is a fire falling under one of the following circumstances: causing death of one to two people; causing injury or harm to health of one person with a percentage of body damage from 61% or more or of two or more people with a total percentage of body damage of these people from 61% to 200%; causing property damage valued from 3,000,000,000 VND to under 10,000,000,000 VND or burned area of forest, field, paddy from 5 hectares to under 10 hectares;
d) A Level IV fire is a fire falling under one of the following circumstances: causing death of three to four people; causing injury or harm to health of three or more people with a total percentage of body damage of these people from 201% or more; causing property damage valued from 10,000,000,000 VND to under 50,000,000,000 VND or burned area of forest, field, paddy from 10 hectares to under 20 hectares;
đ) A Level V fire is a fire falling under one of the following circumstances: causing death of five or more people; causing property damage valued from 50,000,000,000 VND or more or burned area of forest, field, paddy from 20 hectares or more.
6. The Fire Prevention, Firefighting, and Rescue Police Departments of provincial public security organs and the Fire Prevention, Firefighting, and Rescue Police Bureau are responsible for compiling and reporting statistics on verified and resolved fires and classifying fires.
6. The Provincial Fire Prevention, Firefighting, and Rescue Police Department, and the Fire Prevention, Firefighting, and Rescue General Police Department are responsible for compiling and reporting data on fire incident verification and resolution, and classifying fire incidents.
Article 27. Documents for investigating and resolving fire incidents; documents and materials provided to compulsory fire and explosion insurance buyers or insurance businesses
1. The administrative procedure documents for investigating and resolving fire incidents include:
a) Preliminary damage assessment record regarding persons and property, the main body responsible for investigating and resolving the fire incident; initial file and material transfer record;
b) Fire scene diagram; fire scene inspection record; photographs;
c) Statement record;
d) Proposal for resolving the fire incident; administrative procedure investigation and resolution result notification;
đ) Request for forensic appraisal/asset valuation;
e) Copy of Administrative Violation Record, Administrative Penalty Decision (if any);
g) File material statistics; file and related material transfer record (if any);
h) Report, statement, commitment not to appeal, litigate, dispute, and self-rectify consequences by the representative of the facility, household, vehicle owner, lawful owner of damaged property (if any).
2. The documents for investigating and resolving fire incidents according to the procedures and formalities for handling criminal complaints and reports include:
a) Preliminary damage assessment record regarding persons and property, the main body responsible for investigating and resolving the fire incident; initial file and material transfer record; criminal information receipt record;
b) Decision on assigning Deputy Head, Deputy Officer, Investigator, Investigation Officer by the competent authority; criminal information receipt notification; fire investigation and verification plan;
c) Scene examination record, photographs, fire scene diagram, scene examination result report;
d) Statement record of the representative of the facility, household, burned vehicle owner, witness, person with knowledge, related person;
đ) Proposal for resolving the fire incident; conclusion report on handling criminal information;
e) Decision not to initiate a criminal case or Decision to initiate a criminal case or Decision to temporarily suspend handling criminal information;
g) Decision to revoke the Decision to initiate a criminal case, Decision to resume handling criminal information (if any);
h) Notification of results of handling criminal information;
i) Document requesting forensic appraisal, asset valuation request, Forensic Appraisal Decision, asset valuation request document; Forensic Conclusion, asset valuation conclusion; Forensic Conclusion Notification, asset valuation result notification; human loss evidence (injury certificate, prescription), property loss evidence, compensation agreement documents, video data (if any);
k) Documents from the Prosecutor's Office related to the fire incident;
l) File material statistics and other relevant documents to the fire incident (if any);
m) Other documents (if any).
3. The documents specified in Clause 1 and Clause 2 of this Article must be established, registered, managed, and used in accordance with regulations on business operations and business file management of the People's Public Security.
4. Documents and materials provided to compulsory fire and explosion insurance buyers or insurance businesses upon request. The provision of materials to insurance businesses and compulsory fire and explosion insurance buyers shall be made according to Model No. 12 issued together with this Circular and Notification of Results of Handling Criminal Information or Notification of Investigation and Resolution Results of the Fire Incident, Inspection Record on Fire Prevention and Extinguishing (most recent).
Chapter IV
IMPLEMENTING PROVISIONS
Article 28. Effective Date
1. This Circular takes effect from January 15, 2026, and replaces Circular No. 88/2024/TT-BCA dated November 21, 2024, issued by the Minister of Public Security on the allocation of responsibilities, coordination relations, and procedures for investigating and resolving fire incidents within the Public Security force.
2. For fire incidents currently being investigated and resolved according to Circular No. 88/2024/TT-BCA dated November 21, 2024, issued by the Minister of Public Security on the allocation of responsibilities, coordination relations, and procedures for investigating and resolving fire incidents within the Public Security force, such activities will continue until completion.
3. Fire Prevention and Rescue Police Officers assigned to investigate and resolve fire incidents must ensure compliance with the requirements stipulated in Clause 1 of Article 4 of this Circular no later than June 15, 2026.
4. When laws, regulations, articles, clauses, or points referred to in this Circular are amended, supplemented, or replaced, the content referred to in this Circular will also be adjusted and implemented according to the amended, supplemented, or replaced laws, regulations, articles, clauses, or points.
Article 29. Responsibility for Implementation
1. The Fire Prevention and Rescue Police Bureau is responsible for coordinating with the Ministry of Public Security's Investigation Department Office and related units to:
a) Guide, monitor, inspect, and urge the implementation of this Circular; guide the management and use of funds to serve the investigation and resolution of fire incidents as prescribed;
b) Compile training materials and organize training sessions on fire investigation and resolution procedures;
c) Inspect the fire investigation and resolution work of local public security agencies.
2. Provincial/City Public Security Directors shall decide on the delegation of authority to Village Public Security Units and Police Posts to investigate and resolve fire incidents as stipulated in Clause 3 of Article 6 of this Circular based on their organizational structure and jurisdictional area; annually organize training sessions on fire investigation and resolution procedures for subordinate officers.
3. Heads of units under the Ministry of Public Security and Provincial/City Public Security Directors are responsible for implementing this Circular.
During the implementation of this Circular, if there are difficulties or obstacles, local public security agencies should promptly report to the Ministry of Public Security (through the Ministry of Public Security's Investigation Department Office, Fire Prevention and Rescue Police Bureau) for guidance./.
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