Circular No. 150/2020/TT-BCA on equipping fire prevention, firefighting, and rescue equipment for civilian defense forces, grassroots fire prevention and firefighting forces, and specialized fire prevention and firefighting forces.

CIRCULAR

Regulations on equipping fire prevention and rescue equipment for civilian defense forces, fire prevention and firefighting forces at facilities, and specialized fire prevention and firefighting forces, firefighting

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

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

On the basis of The Minister of Public Security issues this Circular stipulating regulations on equipping fire prevention, firefighting, and rescue equipment for civilian defense forces, fire prevention and firefighting forces at facilities, and specialized fire prevention and firefighting forces.;

This Circular stipulates the list, quantity, funding assurance, and responsibilities of agencies, organizations, and individuals related to the equipping of fire prevention, firefighting, and rescue equipment for civilian defense forces, fire prevention and firefighting forces at facilities, and specialized fire prevention and firefighting forces.

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

4. Public security units and localities;

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

5. Agencies, organizations, and individuals related to the equipping of fire prevention, firefighting, and rescue equipment for civilian defense forces, fire prevention and firefighting forces at facilities, and specialized fire prevention and firefighting forces.

Article 2. Applicability

This Circular applies to:

1. Citizen protection forces;

2. Basic fire prevention and fire fighting forces;

3. Specialized fire prevention and fire fighting forces;

2. Depending on the nature, geographical characteristics, production, business, living conditions, requirements of fire prevention, firefighting, and rescue work in each commune under their management scope, and the financial capacity of the locality, civilian defense forces may be equipped with additional types of fire prevention, firefighting, and rescue equipment as necessary, as specified in Appendix VI issued together with Decree No. 136/2020/NĐ-CP dated November 24, 2020 of the Government detailing certain provisions and implementing measures of the Fire Prevention and Fighting Law and the Law Amending and Supplementing Certain Provisions of the Fire Prevention and Fighting Law (hereinafter referred to as Decree No. 136/2020/NĐ-CP).

3. Based on the list and quantity of fire prevention, firefighting, and rescue equipment provided for civilian defense forces as specified in Appendix I issued together with this Circular and the practical requirements of fire prevention, firefighting, and rescue work in each commune under their management scope, public security agencies shall have the responsibility to advise and propose to the People's Councils at the same level to consider and decide on the quantity of fire prevention, firefighting, and rescue equipment to be provided for civilian defense forces according to the regulations and to consider and decide on providing additional types of fire prevention, firefighting, and rescue equipment as necessary.

Article 3. Principles for equipping fire prevention, firefighting, and rescue equipment for civilian defense forces, grassroots fire prevention and firefighting forces, and specialized fire prevention and firefighting forces.

1. Compliance with the provisions of this Circular and relevant laws.

2. Ensuring the quality and effectiveness of fire prevention, firefighting, and rescue operations of civilian defense forces, grassroots fire prevention and firefighting forces, and specialized fire prevention and firefighting forces.

3. Ensuring compliance with standards, purposes, and intended users.

4. Being appropriate to the local budget conditions and the capacity to ensure funding of the facilities.

Chapter II

EQUIPPING FIRE PREVENTION, FIREFIGHTING, AND RESCUE EQUIPMENT FOR CIVILIAN DEFENSE FORCES, GRASSROOTS FIRE PREVENTION AND FIREFIGHTING FORCES, AND SPECIALIZED FIRE PREVENTION AND FIREFIGHTING FORCES

Article 4. List and quantity of fire prevention, firefighting, and rescue equipment to be equipped for civilian defense forces.

1. The list and quantity of fire prevention, firefighting, and rescue equipment to be equipped for one civilian defense team are specified in Appendix I issued together with this Circular.

1. The list and quantity of fire prevention, firefighting, and rescue equipment provided for fire prevention and firefighting forces at facilities and specialized fire prevention and firefighting forces are stipulated in Appendices II and III issued together with this Circular. The provision of equipment in items 3, 4, 5, and item 6 of Appendices II and III depends on the number of personnel but must not be less than the prescribed quantity and must be suitable for the specific fire and explosion hazards of the facility.

2. In cases where facilities are equipped with dedicated firefighting, rescue, and emergency response vehicles, the provision of types and quantities of fire prevention, firefighting, and rescue equipment on such vehicles shall be carried out in accordance with current technical standards and specifications.

Article 5. List and quantity of fire prevention, firefighting, and rescue equipment to be equipped for grassroots fire prevention and firefighting forces, and specialized fire prevention and firefighting forces.

3. The head of the agency or organization directly managing the facility shall base the decision on the nature, characteristics of activities, production, business operations, and the requirements of fire prevention, firefighting, and rescue work at the facility to determine the quantity of fire prevention, firefighting, and rescue equipment to be provided for fire prevention and firefighting forces at facilities and specialized fire prevention and firefighting forces according to the regulations stipulated in Appendices II and III issued together with this Circular and to determine the specific types of fire prevention, firefighting, and rescue equipment to be provided for the positions within fire prevention and firefighting forces at facilities and specialized fire prevention and firefighting forces when performing fire prevention, firefighting, and rescue duties.

4. In addition to the list of fire prevention, firefighting, and rescue equipment provided for fire prevention and firefighting forces at facilities and specialized fire prevention and firefighting forces as stipulated in Appendices II and III issued together with this Circular, the head of the agency or organization directly managing the facility may decide to provide additional types of fire prevention, firefighting, and rescue equipment as necessary, as specified in Appendix VI issued together with Decree No. 136/2020/NĐ-CP based on the nature and degree of fire and explosion hazards at the facility and the financial capacity.

1. Funding for equipping fire prevention, firefighting, and rescue equipment for civilian defense forces shall be implemented in accordance with points b and c, Clause 4, Article 48 of Decree No. 136/2020/NĐ-CP and point c, Clause 1, Article 29, and Clause 2, Article 42 of Decree No. 83/2017/NĐ-CP dated July 18, 2017 of the Government stipulating the rescue work of fire prevention and firefighting forces.

2. The head of the agency or organization directly managing the facility shall ensure funding for equipping fire prevention, firefighting, and rescue equipment for fire prevention and firefighting forces at facilities and specialized fire prevention and firefighting forces in accordance with Clause 2, Article 31 of Decree No. 136/2020/NĐ-CP and point b, Clause 1, Article 29 of Decree No. 83/2017/NĐ-CP dated July 18, 2017 of the Government stipulating the rescue work of fire prevention and firefighting forces.

Article 6. Funding for equipping firefighting, rescue, and emergency response equipment for civilian defense forces, grassroots fire prevention and firefighting forces, and specialized fire prevention and firefighting forces

1. The budget for equipping fire prevention, firefighting, rescue, and disaster relief equipment for civilian defense forces shall be implemented in accordance with the provisions at points b and c, Clause 4, Article 48 of Decree No. 136/2020/NĐ-CP and point c, Clause 1, Article 29, Clause 2, Article 42 of Decree No. 83/2017/NĐ-CP dated July 18, 2017 of the Government on rescue and relief work of fire prevention and firefighting forces.

2. The head of the agency or organization directly managing the facility shall ensure the budget for equipping fire prevention, firefighting, rescue, and disaster relief equipment for the fire prevention and firefighting force of the facility and specialized fire prevention and firefighting forces in accordance with the provisions of Clause 2, Article 31 of Decree No. 136/2020/NĐ-CP and point b, Clause 1, Article 29 of Decree No. 83/2017/NĐ-CP dated July 18, 2017 of the Government on rescue and relief work of fire prevention and firefighting forces.

The funding for equipping fire prevention, firefighting, and rescue equipment for grassroots fire prevention and firefighting forces, specialized fire prevention and firefighting forces under agencies and organizations benefiting from the state budget shall be guaranteed by the state budget and implemented in accordance with the provisions of the State Budget Law.

Chapter III

IMPLEMENTATION

Article 7. Effective Date

1. This Circular takes effect from February 20, 2021, and replaces Circular No. 56/2014/TT-BCA dated November 12, 2014, issued by the Minister of Public Security on the provision of fire prevention and firefighting equipment for civilian defense forces, grassroots fire prevention and firefighting forces, and specialized fire prevention and firefighting forces.

2. Civilian defense forces, grassroots fire prevention and firefighting forces, and specialized fire prevention and firefighting forces that have been equipped with fire prevention, firefighting, and rescue equipment according to the standard set forth in this Circular or higher before the effective date of this Circular shall continue to use such equipment until it becomes defective and needs replacement; in cases where they have not been equipped or have been equipped but with a lower quantity than stipulated in this Circular, they shall implement this Circular. It is encouraged for organizations and individuals to invest in equipping fire prevention, firefighting, and rescue equipment to promote socialization in the field of fire prevention and firefighting.

Article 8. Responsibility for Implementation

1. The Director of the Fire Prevention, Firefighting, and Rescue Police Department shall be responsible for directing, inspecting, and urging the implementation of this Circular.

2. Provincial police forces shall be responsible for:

a) Guide, inspect, and report annually by the end of November to the Ministry of Public Security (through the Fire Prevention, Firefighting, and Rescue Police Department) on the implementation of regulations regarding the provision of fire prevention, firefighting, and rescue equipment for civilian defense forces, grassroots fire prevention and firefighting forces, and specialized fire prevention and firefighting forces.

b) Aggregate proposals and recommendations for amending and supplementing the list and quantity of fire prevention, firefighting, and rescue equipment provided to civilian defense forces, grassroots fire prevention and firefighting forces, and specialized fire prevention and firefighting forces, and report to the Ministry of Public Security (through the Fire Prevention, Firefighting, and Rescue Police Department).

c) Advise the People's Committee at the same level to issue regulations on the management and use of fire prevention, firefighting, and rescue equipment for civilian defense forces within their jurisdiction, including: principles of management and use of equipment; responsibilities of the People's Committee of the commune, civilian defense forces equipped and using equipment; conditions and responsibilities of officers and members of civilian defense forces assigned to use equipment; conditions and responsibilities of persons assigned to manage warehouses storing equipment; positions in civilian defense forces authorized to use equipment and types of equipment provided and used; other related contents.

During the implementation of this Circular, if there are difficulties or obstacles, local public security organs, relevant agencies, organizations, and individuals should report to the Ministry of Public Security (through the Fire Prevention and Fighting Police Department) for timely guidance.

During the implementation of this Circular, if there are difficulties or obstacles, public security units, localities, agencies, organizations, and individuals concerned shall report to the Ministry of Public Security (through the Fire Prevention, Firefighting, and Rescue Police Department) for timely guidance./.