Circular No. 141/2020/TT-BCA on the inspection work for fire prevention, firefighting, and rescue operations by the People's Police Force

CIRCULAR

Rules on fire prevention, firefighting, and rescue operations
rescue and relief operations OF THE PEOPLE'S POLICE the People's Public Security Force

Pursuant to the Law on Fire Prevention and Fighting dated June 29, 2001; the Law Amending and Supplementing Certain Provisions of the Law on Fire Prevention and Fighting dated November 22, 2013;

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Pursuant to Decree No. 136/2020/NĐ-CP dated November 24, 2020 of the Government detailing certain provisions and implementing measures of the Law on Fire Prevention and Fighting and the Law Amending and Supplementing Certain Provisions of the Law on Fire Prevention and Fighting;

Grounds: Decree No. 83/2017/NĐ-CP dated July 18, 2017, of the Government on rescue operations of the firefighting and rescue force;

Pursuant to the proposal of the Director of the Fire Prevention, Firefighting, and Rescue Police Department;

The Minister of Public Security issues this Circular on the inspection work for fire prevention, fire fighting and rescue of the People's Police Force.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates principles, standards, tasks, allocation of officers and non-commissioned officers of the People's Public Security Forces to carry out inspections on fire prevention, firefighting, and rescue operations (hereinafter referred to collectively as inspection officers); inspection work on fire prevention, firefighting, and rescue operations; training and inspection of professional skills on fire prevention, firefighting, and rescue operations of the People's Public Security Forces.

Article 2Principles for conducting inspection work on fire prevention, firefighting, and rescue operations

1. Compliance with legal regulations on fire prevention, fire fighting and rescue, as stipulated in this Circular and other relevant laws.

2. Ensuring consistency in organizing and implementing inspection work for fire prevention, fire fighting and rescue.

3. Strictly prohibiting the abuse of inspection work for fire prevention, fire fighting and rescue to infringe upon the interests of the State, the rights and legitimate interests of organizations and individuals.

Article 3Appendix

The ANNEX attached to this Circular provides for the forms to be used in the work of inspecting fire prevention, firefighting, and rescue operations, including:

1. Inspection plan on fire prevention, firefighting, and rescue operations (Form No. 01).

2. Report on inspection results regarding fire prevention, firefighting, and rescue operations (Form No. 02).

Chapter II

STANDARDS, TASKS AND ALLOCATION OF DUTIES

INSPECTION OF FIRE PREVENTION, FIREFIGHTING, AND RESCUE OPERATIONS

Article 4Standards for inspection officers

1. Inspectors under the Fire Prevention, Firefighting, and Rescue Operations Police Department must meet the following standards:

a) Having a bachelor's degree or higher in fire prevention, firefighting, and rescue operations; a bachelor's degree or higher in a related field of security and social order or engineering, and having undergone legal and public security training;

b) Have at least five years of experience in fire prevention, firefighting, and rescue operations within the People's Public Security force;

c) Achieve satisfactory results in the inspection business skills test on fire prevention, firefighting, and rescue operations.

2. Inspection officers under the Provincial Public Security Fire Prevention, Firefighting, and Rescue Operations Police Department (hereinafter referred to as the Provincial Public Security Fire Prevention, Firefighting, and Rescue Operations Police Department) must also meet the following standards in addition to those specified in point a of Clause 1, Article 4 of this Circular:

a) Have at least three years of experience in fire prevention, firefighting, and rescue operations within the People's Public Security force;

b) Achieve satisfactory results in the inspection business skills test on fire prevention, firefighting, and rescue operations.

3. Inspectors under the County, District, City, and Town Public Security Departments (hereinafter referred to as the County-level Public Security Department) must meet the following standards:

a) Having a college degree or higher in fire prevention, firefighting, and rescue operations; a college degree or higher in a related field of security and social order or engineering, and having undergone legal and public security training;

b) Have at least one year of experience in fire prevention, firefighting, and rescue operations within the People's Public Security force;

c) Achieve satisfactory results in the inspection business skills test on fire prevention, firefighting, and rescue operations.

4. The police station at the commune, ward, town level (collectively referred to as the commune-level police station) must allocate officers to perform inspection duties on fire prevention, firefighting, and rescue operations who meet the standards set forth in point a of Clause 3, Article 4 of this Circular and must be trained in inspection skills on fire prevention, firefighting, and rescue operations.

Article 5Tasks of inspection officers

1. Inspectors have the following tasks:

a) Advise leadership to organize work to grasp the situation and conduct basic investigations to serve management of fire prevention, firefighting, and rescue operations in the assigned area and facilities;

b) Carry out basic business work and maintain records and statistics to serve management of fire prevention, firefighting, and rescue operations;

c) Promote and disseminate laws and knowledge on fire prevention, firefighting, and rescue operations; build mass movements to participate in fire prevention, firefighting, and rescue operations;

d) Participate in final inspections on fire prevention and firefighting;

d) Conducting safety inspections on fire prevention, firefighting, and rescue operations according to prescribed procedures and processes; monitoring and urging the correction of safety risks and violations of fire prevention, firefighting, and rescue operation regulations;

e) Conduct inspections on conditions of fire prevention and firefighting service businesses according to prescribed procedures;

g) Advise on issuing permits for transporting dangerous goods that can cause fires and explosions according to the law;

h) Train fire prevention, firefighting, and rescue operations skills; guide the development and practice of fire extinguishing plans and rescue plans for facilities;

i) Understanding the situation and cooperating to support firefighting and rescue operations when fires occur in assigned areas and facilities; participating in investigations and resolution of fire incidents according to the law;

k) Implement information reporting systems and other tasks assigned by superiors;

l) Handling administrative violations concerning fire prevention and fighting, temporarily suspending, and advising on the cessation of activities of facilities, motor vehicles, households, and individuals that do not ensure fire safety according to regulations.

2. Inspectors under the Fire Prevention, Firefighting, and Rescue Operations Police Department shall perform the tasks specified in points a, b, c, d, đ, e, h, i, k, and l of Clause 1 of this Article.

3. Inspectors under the Provincial Fire Prevention, Firefighting, and Rescue Operations Police Department shall perform the tasks specified in Clause 1 of this Article.

4. Inspectors under the County-level Public Security Department shall perform the tasks specified in points a, b, c, d, đ, g, h, i, k, and l of Clause 1 of this Article.

Article 6Tasks of the commune-level police station

1. Within the scope of their assigned management areas and facilities, the Police at the commune level shall perform the following tasks:

a) Implement the tasks prescribed in points a, b, c, đ, h, i, k, and point l, Clause 1, Article 5 of this Circular;

b) Inspecting the responsibility for fire prevention and firefighting of heads of facilities and household owners, and the safety conditions of facilities, residential areas, and households according to the contents stipulated in Articles 5, 6, and 7 of Decree No. 136/2020/NĐ-CP dated November 24, 2020 detailing certain provisions and implementing measures of the Law on Fire Prevention and Fighting and the Law Amending and Supplementing Certain Provisions of the Law on Fire Prevention and Fighting (hereinafter referred to as Decree No. 136/2020/NĐ-CP); inspecting the conditions ensuring safety in rescue operations according to the contents stipulated in Clause 2, Article 12 of Decree No. 83/2017/NĐ-CP dated July 18, 2017 on rescue operations of fire prevention and firefighting forces (hereinafter referred to as Decree No. 83/2017/NĐ-CP).

2. Inspections related to fire prevention, firefighting, and rescue may be combined with inspections related to security and public order.

Article 7Tasks of leaders and commanders responsible for inspection work on fire prevention, firefighting, and rescue operations

1. The Head of the Fire Prevention, Firefighting, and Rescue Police Department of the Provincial Police has the following tasks:

a) Advising the Provincial Public Security Director (hereinafter referred to as the Provincial Public Security Director) to organize work to grasp the situation and conduct basic investigations to serve management of fire prevention, firefighting, and rescue operations for the provincial area and within assigned areas and facilities; inspecting the performance of inspection and management responsibilities of the county-level police station;

b) Assign officers under their management to perform inspection and management tasks of areas and facilities;

c) Direct, monitor, and check the performance of responsibilities and tasks of inspection officers under their management;

d) Implement information, reporting systems, and other tasks assigned by superiors.

2. The Head of the Police at the district level has the following tasks:

a) Advising the County People's Committee (hereinafter referred to as the County People's Committee), the Provincial Public Security Director to organize work to grasp the situation and conduct basic investigations to serve management of fire prevention, firefighting, and rescue operations within assigned areas and facilities;

b) Assign officers under their management to perform inspection and management tasks of areas and facilities;

c) Directing, supervising, and inspecting the performance of duties by inspection officers and commune-level police stations assigned to perform inspection duties on fire prevention, firefighting, and rescue operations within their jurisdiction;

d) Implement information, reporting systems, and other tasks assigned by superiors.

3. The Head of the Fire Prevention Task Force under the Provincial Public Security Fire Prevention, Firefighting, and Rescue Operations Police Department; the Head of the Fire Prevention, Firefighting, and Rescue Operations Police Station, the Head of the Administrative Management Police Station for Social Order under the County Public Security Department have the following tasks:

a) Advise immediate leaders to organize work to grasp the situation and conduct basic investigations to serve management of fire prevention, firefighting, and rescue within the assigned managed areas and facilities;

b) Monitor and check the performance of responsibilities and tasks of inspection officers under their management;

c) Directly carry out inspection work on fire prevention, firefighting, and rescue in the assigned areas and facilities;

d) Implement information, reporting systems, and other tasks assigned by superiors.

4. Deputy Heads of the Provincial Public Security Fire Prevention, Firefighting, and Rescue Operations Police Department, Deputy Heads of the County Public Security Department, Deputy Heads of the Fire Prevention Task Force under the Provincial Public Security Fire Prevention, Firefighting, and Rescue Operations Police Department, Deputy Heads of the Fire Prevention, Firefighting, and Rescue Operations Police Station, the Administrative Management Police Station for Social Order under the County Public Security Department responsible for inspection work on fire prevention, firefighting, and rescue operations shall fulfill their tasks according to the division of labor by their superiors.

Article 8Allocation of officers to conduct inspections

1. The Fire Prevention, Firefighting, and Rescue Operations Inspectorate allocates inspection officers meeting the standards set forth in Clause 1, Article 4 of this Circular to carry out advisory, guidance, and inspection work on fire prevention, firefighting, and rescue operations.

2. The Provincial Public Security Fire Prevention, Firefighting, and Rescue Operations Police Department, the County Public Security Department allocate officers meeting the standards set forth in Clauses 2 and 3, Article 4 of this Circular based on staffing and operational requirements to carry out inspection work on fire prevention, firefighting, and rescue operations, and manage areas and facilities.

The allocation of officers for inspection must ensure comprehensive management of the assigned administrative areas and establishments, and the implementation of inspection tasks in accordance with Article 16 of Decree No. 136/2020/NĐ-CP and Article 12 of Decree No. 83/2017/NĐ-CP.

Chapter III

INSPECTION OF FIRE PREVENTION, FIREFIGHTING, AND RESCUE OPERATIONS

Article 9. Issuing plans for fire prevention, firefighting, rescue, and disaster relief inspections

1. The Director of the Fire Prevention, Firefighting, and Rescue Police Department, and the Provincial Public Security Director shall issue inspection plans according to specialized topics, industries, and directives for inspections on fire prevention, firefighting, and rescue operations.

2. The Heads of the Fire Prevention, Firefighting, and Rescue Police Departments at provincial public security agencies and the Heads of county-level public security agencies shall establish periodic and spot inspection plans based on the inspection plans or directives issued by the Director of the Fire Prevention, Firefighting, and Rescue Police Department and the Provincial Public Security Director, for the areas, establishments, and other entities under their jurisdiction as prescribed.

Periodic inspection plans shall be established monthly and adjusted when necessary.

Article 10. Periodic Inspections on Fire Prevention, Firefighting, and Rescue Operations

1. Plan development and implementation:

a) The Fire Prevention, Firefighting, and Rescue Police Departments at provincial and county-level public security agencies shall develop and issue inspection plans according to Model No. 01 stipulated in the Appendix accompanying this Circular for the inspection subjects specified in Clause 1 of Article 16 of Decree No. 136/2020/NĐ-CP and Article 12 of Decree No. 83/2017/NĐ-CP within their assigned and delegated management scope;

b) The person issuing the inspection plan shall decide to establish an inspection team or allocate inspection officers; notify the inspected entity and related agencies or units (if applicable) in writing three working days prior to the inspection;

2. Conducting the inspection:

a) The head of the inspection team or the allocated inspector introduces the team members and announces the inspection content and procedures;

b) Conduct inspections according to the contents prescribed in Clause 2 of Article 16 of Decree No. 136/2020/NĐ-CP and Clause 2 of Article 12 of Decree No. 83/2017/NĐ-CP;

c) Prepare inspection records according to Model PC10 stipulated in Appendix IX accompanying Decree No. 136/2020/NĐ-CP. Inspection records shall be prepared in at least two copies, one copy given to the inspected entity, one copy filed in the archive, and one copy given to the related unit (if applicable);

d) During the inspection process, if violations concerning fire prevention, firefighting, and rescue operations are discovered, they shall be handled according to the provisions of the law, including administrative penalties, temporary suspension of activities as prescribed;

3. Handling results after inspection:

a) The Head of the inspection team or inspection officer shall report the inspection results to the direct leadership and command according to Model No. 02 stipulated in the Appendix accompanying this Circular and the inspection record, administrative penalty decision (if applicable);

b) The direct leadership and command shall review the inspection results and instruct the unit or officer to carry out administrative penalty procedures, suspend, terminate, or resume activities (if applicable), propose measures to address safety risks and violations, and provide other instructions (if applicable);

Article 11. Spot Inspections on Fire Prevention, Firefighting, and Rescue Operations

1. Spot checks shall be conducted in the following cases:

a) Cases as prescribed in Clause 1 of Article 17 of Decree No. 136/2020/NĐ-CP;

b) Violations of fire safety regulations that pose a risk of fire or explosion as prescribed in Point d, Clause 3 of Article 16 of Decree No. 136/2020/NĐ-CP;

c) To serve security and public order assurance work as directed by competent authorities within their management scope;

d) When there are signs of violations of conditions for businesses providing fire prevention and firefighting services as prescribed in Article 41 of Decree No. 136/2020/NĐ-CP or when such businesses exploit firefighting activities to infringe upon security and order, they shall be reported to the competent authority for handling;

2. The Fire Prevention, Firefighting, and Rescue Police Departments at provincial and county-level public security agencies shall form inspection teams or allocate inspection officers to conduct spot inspections on entities under their management;

3. The inspection process and handling of results after inspection shall be carried out in accordance with Clauses 2 and 3 of Article 10 of this Circular.

Chapter IV

TRAINING AND INSPECTION OF INSPECTION PROFESSIONAL SKILLS

ON FIRE PREVENTION, FIREFIGHTING, AND RESCUE OPERATIONS

Article 12. Training on inspection professional skills for fire prevention, firefighting, and rescue operations

1. Training targets:

a) Officers and non-commissioned officers currently assigned to perform fire prevention, firefighting, and rescue inspection tasks;

b) Officers and non-commissioned officers planned to be assigned to perform fire prevention, firefighting, and rescue inspection tasks.

2. Training contents:

a) Basic business skills and record-keeping and statistical work serving fire prevention, firefighting, and rescue management;

b) Propaganda and dissemination of laws, knowledge on fire prevention, firefighting, and rescue; building a mass movement to participate in fire prevention, firefighting, and rescue;

c) Implementation procedures and content: Acceptance inspection for fire prevention and firefighting; inspection of businesses providing fire prevention and firefighting services; inspection for fire prevention, firefighting, and rescue operations; issuance of permits for transporting hazardous goods; administrative penalties in the field of fire prevention, firefighting, and rescue operations; suspension, termination, and resumption of activities; investigation and resolution of fires and explosions;

d) Skills in using equipment and devices to support fire prevention, firefighting, and rescue inspection tasks;

đ) Other related contents as prescribed by law.

3. Provincial Public Security Departments shall be responsible for:

a) Developing plans and organizing training for Public Security Departments at the commune level and other subjects specified in Clause 1 of this Article;

b) Reviewing and compiling lists of subjects specified in Clauses 1 and 2 of Article 13 who have completed training and preparing files to request the Fire Prevention, Firefighting, and Rescue Police Bureau to inspect business skills.

4. The Fire Prevention, Firefighting, and Rescue Police Department shall organize training and inspection for officers assigned to perform inspection duties in fire prevention, firefighting, and rescue operations within their management scope.

Article 13. Inspection of inspection professional skills for fire prevention, firefighting, and rescue operations

1. The first inspection shall be conducted for the subjects specified in point b, Clause 1, Article 12 of this Circular who have been trained.

2. Regular inspections every three years shall be conducted for the subjects specified in point a, Clause 1, Article 12 of this Circular.

Clause 3. The Fire Prevention, Firefighting, and Rescue Police Department shall be responsible for:

a) Announcing the time, location, list of officers and non-commissioned officers participating in the inspection;

b) Establish an Inspection Committee for inspection professional skills in fire prevention, firefighting, and rescue operations. The Chairman of the Committee is the Director of the Fire Prevention, Firefighting, and Rescue Police Department, and members are representatives from relevant units under the Fire Prevention, Firefighting, and Rescue Police Department.

The Inspection Board shall be responsible for developing regulations, preparing appropriate examination questions based on the content of the professional inspection training program, organizing the inspection, and grading the examination papers.

c) Notifying the results of the inspection in writing within five working days from the date of obtaining the inspection results.

4. The inspection results are one of the criteria for considering the assignment or continued assignment of officers and non-commissioned officers to perform inspection duties in fire prevention, firefighting, and rescue operations, valid for three years from the date of notification of the inspection results. In cases where the inspection results do not meet the requirements, alternative positions shall be arranged.

Article 14. Funding to ensure the organization of training and inspection of inspection professional skills for fire prevention, firefighting, and rescue operations

The funding for compiling and distributing training materials, organizing training, and conducting inspections shall be allocated from the regular budget of the Fire Prevention, Firefighting, and Rescue Police Department, provincial public security agencies, and other legitimate sources of funding.

Chapter V

IMPLEMENTATION

Article 15. Effective date

1. This Circular takes effect from February 8, 2021, and replaces Circular No. 46/2017/TT-BCA dated October 20, 2017, issued by the Minister of Public Security regarding inspections and training of professional skills for fire safety inspections by the People's Public Security Forces (hereinafter referred to as Circular No. 46/2017/TT-BCA).

2. Officers and non-commissioned officers who have been issued a Professional Competency Certificate for Fire Safety Inspection in accordance with Circular No. 46/2017/TT-BCA shall participate in professional inspections as prescribed after three years from the date of issuance of the Certificate while performing their duties related to fire prevention, firefighting, and rescue operations.

Article 16Responsibility for Implementation

1. The Fire Prevention and Fighting, Search and Rescue Police Department shall be responsible for:

a) Directing, guiding, monitoring, and inspecting the implementation of this Circular;

b) Compiling and issuing training materials on professional inspection training on fire prevention, firefighting, and rescue to provincial police forces;

c) Organizing professional inspection training on fire prevention, firefighting, and rescue for officers and non-commissioned officers at the request of provincial police forces.

2. Provincial police forces shall be responsible for:

a) Assigning officers and non-commissioned officers meeting the required standards to perform inspection duties on fire prevention, firefighting, and rescue;

b) Conducting annual training for the subjects specified in Clause 1, Article 12 of this Circular according to the training materials issued by the Fire Prevention and Fighting, Search and Rescue Police Department;

c) Arrange locations, material resources, and necessary conditions to organize training and professional inspections in accordance with this Circular and the guidance of the Fire Prevention and Fighting Police Department.

3. Heads of units under the Ministry of Public Security and Provincial Police Directors within their functional and operational scope shall be responsible for implementing this Circular.

During the implementation of this Circular, if there are difficulties or obstacles, public security units at all levels shall report to the Ministry of Public Security (through the Fire Prevention and Fighting Police Department) for timely guidance./.