Circular No. 17/2021/TT-BCA on the management, storage, and maintenance of fire prevention, firefighting, rescue, and disaster relief equipment

CIRCULAR
Provisions on management, storage, and maintenance of equipment
on fire prevention, firefighting, and rescue

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;

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 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;

Based on Decree No. 136/2020/NĐ-CP dated November 24, 2020 of the Government detailing certain provisions and implementation 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;

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

The Minister of Public Security issues this Circular to provide for the management, storage, and maintenance of fire prevention, firefighting, and rescue equipment.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates principles, contents, files, statistical systems, reporting requirements, and responsibilities of agencies, organizations, and facilities involved in the management, storage, and maintenance of fire prevention, firefighting, and rescue equipment.

Article 2. Applicability

This Circular applies to:

1. Units, localities of the Public Security Force and officers, non-commissioned officers, and soldiers of the People's Public Security Force (hereinafter collectively referred to as officers and soldiers) assigned the task of managing, storing, and maintaining fire prevention, firefighting, and rescue equipment.

2. Agencies, organizations, and facilities related to the management, storage, and maintenance of fire prevention, firefighting, and rescue equipment.

Article 3. Principles of management, storage, and maintenance of fire prevention, firefighting, and rescue equipment

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

2. Fire prevention, firefighting, and rescue equipment must be managed, stored, and maintained safely, economically, and effectively to ensure readiness for firefighting and rescue operations.

3. Procedures for managing, storing, and maintaining fire prevention, firefighting, and rescue equipment shall be established based on the requirements of manufacturers and specific operational and usage conditions (terrain, territorial division, climate, technical requirements).

Article 4. Definitions

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

1. Fire prevention, firefighting, and rescue equipment refers to types of equipment specified in Appendix VI issued together with Decree No. 136/2020/NĐ-CP dated November 24, 2020 of the Government detailing certain provisions and implementation 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).

2. Management of fire prevention, firefighting, and rescue equipment involves planning, organizing, guiding, and inspecting the use, storage, and maintenance of such equipment by agencies and authorized persons to maintain the best quality of the equipment and ensure readiness for firefighting and rescue operations.

3. Storage of fire prevention, firefighting, and rescue equipment involves activities to preserve the equipment to prevent damage and loss.

4. Maintenance of fire prevention, firefighting, and rescue equipment involves mandatory work carried out after a cycle of operation, exploitation, and use of such equipment according to prescribed tasks to maintain its good technical condition.

Article 5. Appendices

The following appendices are issued together with this Circular:

1. Appendix I: Storage and maintenance of mechanical firefighting and rescue equipment.

2. Appendix II: Storage and maintenance of general firefighting equipment.

3. Appendix III: Storage and maintenance of protective clothing and personal safety equipment.

4. Appendix IV: Storage and maintenance of rescue equipment.

5. Appendix V: Storage and maintenance of demolition tools.

6. Appendix VI: Storage and maintenance of communication devices and equipment.

7. Appendix VII: Storage and maintenance of fire alarm systems, firefighting systems, escape route indicator lights, emergency lighting, fire extinguishing agents, fire-resistant materials.

8. Appendix VIII: Sample logbook for the operation of mechanical firefighting and rescue equipment.

Chapter II

MANAGEMENT, STORAGE, AND MAINTENANCE OF FIRE PREVENTION, FIREFIGHTING, AND RESCUE EQUIPMENT

Article 6. Location for Managing and Storing Firefighting, Rescue, and Emergency Response Equipment

Clause 1. The location for managing firefighting, rescue, and emergency response equipment shall be warehouses, docks, yards, mooring areas, ports, agency headquarters, or other locations determined by authorized persons and must meet corresponding conditions as stipulated in Clauses 2 and 3 of this Article.

Clause 2. Warehouses, yards storing firefighting, rescue, and emergency response equipment must ensure security, order, have lighting systems installed, be equipped with common firefighting and rescue equipment, and comply with the following requirements:

Point a. Warehouses storing firefighting, rescue, and emergency response equipment must be covered structures with surrounding walls, ensuring dryness, ventilation, cleanliness.

Point b. Yards storing firefighting, rescue, and emergency response equipment must be outdoor locations with shelters or measures to prevent rain and sun exposure.

Clause 3. Docks, mooring areas, ports storing firefighting, rescue, and emergency response equipment must ensure security, order, rules for entry and exit, environmental protection, fire prevention, and firefighting; for inland waterway docks, in addition to meeting these requirements, they must have anchoring equipment, operational rules for entry and exit, and arrangements for anchoring vessels.

Clause 4. Fire trucks, specialized vehicles for firefighting and rescue, fire pumps must be stored indoors; firefighting boats, rescue boats, and speedboats must be stored at docks that meet the operational requirements of the equipment. Other firefighting and rescue equipment must be stored at locations that meet the requirements stipulated in Clauses 2 and 3 of this Article or within compartments of fire trucks and specialized vehicles, managed safely, and kept ready for firefighting and rescue operations.

Clause 5. Unused fire trucks, specialized vehicles for firefighting and rescue, fire pumps, and other firefighting and rescue equipment must be stored in warehouses or management locations for firefighting, rescue, and emergency response equipment that meet the requirements for proper management and storage according to each type.

Article 7. Regular Maintenance and Storage

Clause 1. Daily maintenance or before, during, and after each use of firefighting, rescue, and emergency response equipment must be carried out by the person assigned to manage such equipment.

Clause 2. Specific contents of maintenance and regular care for firefighting and rescue equipment must be implemented according to the provisions set forth in Appendices I, II, III, IV, V, VI, and VII attached to this Circular.

Clause 3. After completing regular maintenance and care, the person assigned to manage firefighting, rescue, and emergency response equipment must record all details in the equipment tracking logbook according to Form No. 01, Form No. 02, and Form No. 03 specified in Appendix VIII attached to this Circular.

Article 8. Periodic Maintenance and Storage

Clause 1. Periodic maintenance must be conducted monthly, quarterly, and annually at the equipment management location or maintenance facility in accordance with the manufacturer's regulations and must be performed by mechanics, technicians, or trained personnel.

Clause 2. Contents of maintenance and storage: Inspect the general technical condition of the equipment, organize detailed quality assessments of the equipment, apply the manufacturer's maintenance and repair regulations, and develop appropriate maintenance plans based on actual conditions at the facility for each type of firefighting and rescue equipment.

Clause 3. After completing periodic maintenance and storage, the person assigned to manage firefighting, rescue, and emergency response equipment must evaluate and confirm the equipment, recording all details in the equipment tracking logbook according to Form No. 01, Form No. 02, and Form No. 03 specified in Appendix VIII attached to this Circular.

Article 9. Management files for fire prevention, firefighting, rescue, and emergency response equipment

1. The management files for fire prevention, firefighting, rescue, and emergency response equipment include:

a) Logs tracking the activities of firefighting vehicles, specialized vehicles for firefighting and rescue, firefighting boats, rafts, and motorboats according to Model No. 01, firefighting pumps according to Model No. 02, and other types of mechanical equipment according to Model No. 03 as specified in Appendix VIII attached hereto;

b) Statistics and reports on the management, preservation, and maintenance of fire prevention, firefighting, rescue, and emergency response equipment by agencies, organizations, and facilities.

2. The management files for fire prevention, firefighting, rescue, and emergency response equipment shall be established, retained, and supplemented when there are changes, under the direction of the heads of agencies, organizations, and facilities.

Article 10. Statistics and Reports on the Management, Preservation, and Maintenance of Fire Prevention, Firefighting, Rescue, and Emergency Response Equipment

1. Annually, by the end of November, agencies, organizations, and facilities that have equipped with fire prevention, firefighting, rescue, and emergency response equipment must compile statistics and report to the competent authority on the management, preservation, and maintenance of such equipment, including the following basic contents:

a) The current status of management, preservation, and maintenance (quantity, quality, types, contents of preservation and maintenance of fire prevention, firefighting, rescue, and emergency response equipment already equipped);

b) Results of implementing the conclusions and recommendations of inspections and audits by the competent authority (if any);

c) Proposals and recommendations for solutions to improve the effectiveness of management, preservation, and maintenance of fire prevention, firefighting, rescue, and emergency response equipment.

2. In cases where fire prevention, firefighting, rescue, and emergency response equipment is damaged, agencies, organizations, and facilities must promptly report to the competent authority as stipulated in Clause 3 of this Article.

3. Reporting procedures and receiving authorities

a) The head of the agency or organization directly managing the facility listed in Appendix IV issued together with Decree No. 136/2020/NĐ-CP, and the civilian defense team must report to the People's Committee of the commune, ward, town (hereinafter referred to as the People's Committee at the commune level) about the situation of management, preservation, and maintenance of fire prevention, firefighting, rescue, and emergency response equipment;

b) The Fire Prevention, Firefighting, and Rescue Team under the Public Security Department of the district, town, city, provincial-level city (hereinafter referred to as the Public Security Department at the district level), and the People's Committee at the commune level are responsible for reporting to the Public Security Department at the district level about the situation of management, preservation, and maintenance of fire prevention, firefighting, rescue, and emergency response equipment within their jurisdiction;

c) Agencies and organizations directly managing the facility fire brigade, specialized fire brigade are responsible for reporting to the Public Security Department at the district level or the Fire Prevention, Firefighting, and Rescue Police Department of the Public Security Department at the provincial level according to the management hierarchy about the situation of management, preservation, and maintenance of fire prevention, firefighting, rescue, and emergency response equipment within their jurisdiction;

d) The Firefighting and Rescue Work Team, Regional Firefighting and Rescue Team, River Fire Prevention, Firefighting, and Rescue Police Team under the Fire Prevention, Firefighting, and Rescue Police Department must report to the Fire Prevention, Firefighting, and Rescue Police Department of the Public Security Department at the provincial level about the situation of management, preservation, and maintenance of fire prevention, firefighting, rescue, and emergency response equipment within their jurisdiction;

đ) The Fire Prevention, Firefighting, and Rescue Police Department, Public Security Department at the district level must report to the Public Security Department at the provincial level directly managing about the situation of management, preservation, and maintenance of fire prevention, firefighting, rescue, and emergency response equipment within their jurisdiction;

e) The Public Security Department at the provincial level must report to the Fire Prevention, Firefighting, and Rescue Police Corps about the situation of management, preservation, and maintenance of fire prevention, firefighting, rescue, and emergency response equipment within their jurisdiction.

Article 11. Construction and management of storage and regular maintenance procedures for firefighting, rescue, and emergency response equipment

1. Agencies and organizations entrusted with managing firefighting, rescue, and emergency response equipment must base their procedures for storing and maintaining such equipment on the technical specifications, manufacturer's regulations, and other actual conditions to develop suitable procedures.

2. Each step in the storage and regular maintenance procedures must be carried out by mechanics and technicians with appropriate professional qualifications.

Article 12. Responsibilities of public security agencies in managing, storing, and maintaining firefighting, rescue, and emergency response equipment

1. Responsibilities of the Fire Prevention, Firefighting, Rescue, and Emergency Response Police Corps:

a) Guide the implementation of management, storage, and maintenance of firefighting, rescue, and emergency response equipment nationwide;

b) Direct, monitor, and inspect according to their authority the implementation of work related to the management, storage, and maintenance of firefighting, rescue, and emergency response equipment as prescribed;

c) Research, improve, repair, and conduct experimental production of firefighting, rescue, and emergency response equipment; compile technical guidance materials for using, storing, and maintaining firefighting, rescue, and emergency response equipment;

d) Inspect and handle violations according to their authority or recommend competent authorities to handle violations in the management, storage, and maintenance of firefighting, rescue, and emergency response equipment;

e) Resolve complaints and denunciations in the management, storage, and maintenance of firefighting, rescue, and emergency response equipment in accordance with the law;

2. Responsibilities of provincial public security agencies:

a) Direct, monitor, and inspect the implementation of management, storage, and maintenance of firefighting, rescue, and emergency response equipment within their jurisdiction;

b) Approve plans and organize training for staff involved in the management, storage, and maintenance of firefighting, rescue, and emergency response equipment;

c) Statistic and report to higher-level agencies on the work of managing, storing, and maintaining firefighting, rescue, and emergency response equipment within their jurisdiction;

d) Inspect and handle violations according to their authority or recommend competent authorities to handle violations in the management, storage, and maintenance of firefighting, rescue, and emergency response equipment;

d) Resolve complaints and denunciations in the management, storage, and maintenance of firefighting, rescue, and emergency response equipment in accordance with the law;

e) Ensure funding for the work of managing, storing, and maintaining firefighting, rescue, and emergency response equipment within their jurisdiction.

3. Responsibilities of Provincial Public Security Fire Prevention, Firefighting, Rescue, and Emergency Response Police Departments, County Public Security Agencies:

a) Directly implement the management, storage, and maintenance of firefighting, rescue, and emergency response equipment provided;

b) Assign staff to carry out the management, storage, and maintenance of firefighting, rescue, and emergency response equipment within their jurisdiction;

c) Statistic and report to the provincial public security agency on the work of managing, storing, and maintaining firefighting, rescue, and emergency response equipment within their jurisdiction.

4. Heads of public security units and localities are responsible for organizing the implementation of management, storage, and maintenance of firefighting, rescue, and emergency response equipment in accordance with Clause 1, Clause 2, and Clause 3 of this Article.

Article 13. Responsibilities of the Head of Agencies, Organizations, and Facilities in Managing, Storing, and Maintaining Firefighting, Rescue Equipment

1. Organize, direct, and inspect the implementation of managing, storing, and maintaining firefighting, rescue equipment within their jurisdiction.

2. Organize the establishment and management of records on firefighting, rescue equipment according to the guidance of competent authorities.

3. Organize for staff, employees, and workers in agencies, organizations, and facilities to study and use firefighting, rescue equipment that has been equipped.

4. Assign personnel to perform the work of managing, storing, and maintaining firefighting, rescue equipment.

5. Statistics and report to the directly supervising superior agency and competent authority on the work of managing, storing, and maintaining firefighting, rescue equipment.

6. Inspect, handle violations or recommend competent authorities to handle violations in managing, storing, and maintaining firefighting, rescue equipment.

7. Ensure funding to serve the work of managing, storing, and maintaining firefighting, rescue equipment.

Article 14. Responsibilities of Personnel Assigned to Manage, Store, and Maintain Firefighting, Rescue Equipment

1. Manage, store, and maintain firefighting, rescue equipment in accordance with the manufacturer's regulations and the guidance of competent authorities.

2. Regularly inspect storage and maintenance locations for firefighting, rescue equipment within their jurisdiction; promptly identify missing or damaged equipment or unsafe storage and maintenance locations to report to the directly managing agency, organization, or facility for appropriate measures to address and rectify the situation.

3. Statistics and report to the head of the directly managing agency, organization, or facility on the status of managing, storing, and maintaining firefighting, rescue equipment.

Chapter III

IMPLEMENTATION

Article 15. Effective Date

This Circular takes effect from March 22, 2021, and replaces Circular No. 52/2014/TT-BCA dated October 28, 2014, issued by the Minister of Public Security regarding the management, storage, and maintenance of firefighting equipment.

2. When legal normative documents, clauses of legal normative documents, standards cited in this Circular are amended, supplemented, or replaced, the cited content shall also be adjusted and implemented according to the amended, supplemented, or replaced legal normative documents, standards, and technical regulations.

Article 16. Responsibility for Implementation

The Director of the Fire Prevention and Fighting Police Department is responsible for directing, inspecting, and urging the implementation of this Circular.

The heads of units under the Ministry of Public Security, Provincial Police Chiefs, and relevant agencies, organizations, facilities, and individuals are responsible for implementing this Circular.

It is requested that the heads of ministries, ministerial-level agencies, governmental agencies, provincial people's committees, and centrally governed city people's committees cooperate with the Ministry of Public Security within their functional responsibilities, tasks, and powers in managing and inspecting the work of managing, storing, and maintaining firefighting, rescue equipment of agencies, organizations, and facilities under their management.

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