Decision No. 22/2006/QD-NHNN Issuing the Fire Prevention and Fighting Regulation within the State Bank System

Pursuant to …;

Issuing Fire Prevention and Fighting Regulations

within the State Bank System

GOVERNOR OF THE STATE BANK OF VIETNAM

Pursuant to the Law on the State Bank of Vietnam No. 01/1997/QH10 dated December 12, 1997 and the Law Amending and Supplementing Certain Provisions of the Law on the State Bank of Vietnam No. 10/2003/QH11 dated June 17, 2003;

Pursuant to the Law on Fire Prevention and Fighting No. 27/2001/QH10 dated June 29, 2001;

Pursuant to the Government Decree No. 35/2003/NĐ-CP dated April 4, 2003 detailing the implementation of certain provisions of the Law on Fire Prevention and Fighting;

Pursuant to the Government Decree No. 52/2003/NĐ-CP dated May 19, 2003 on the functions, tasks, powers, and organizational structure of the State Bank of Vietnam;

Based on the proposal of the Director of the State Bank of Vietnam's Administrative Bureau.

Pursuant to …;

Article 1. The Fire Prevention and Fighting Regulations within the State Bank System are hereby issued together with this Decision.

Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette and shall replace Decision No. 223/QĐ-NH11 dated April 17, 1996 of the Governor of the State Bank of Vietnam issuing the Fire Prevention and Fighting Regulations for the Banking Sector.

Article 3. The Heads of the State Bank of Vietnam’s Office, the Administrative Bureau, the Heads of units under the State Bank of Vietnam, the Representative Office in Ho Chi Minh City, the Governors of the State Bank of Vietnam branches in provinces and centrally-administered cities, and the Heads of affiliated organizations under the State Bank of Vietnam are responsible for implementing this Decision.

REGULATIONS

ON FIRE PREVENTION AND FIGHTING IN THE STATE BANK SYSTEM
(Issued together with Decision No. 22/2006/QĐ-NHNN dated May 18, 2006 of the Governor of the State Bank of Vietnam)

Chapter 1

GENERAL PROVISIONS

Article 1. Scope of Regulation

These regulations govern fire prevention and fighting in units and organizations (hereinafter referred to collectively as units) within the State Bank System.

Article 2. Responsibilities for Fire Prevention and Fighting

Fire prevention and fighting are the responsibilities of each unit and its officers, civil servants, and employees within the State Bank System. Each officer, civil servant, and employee must strictly comply with national laws on fire prevention and fighting, internal regulations and rules on fire prevention and fighting of their units, and actively participate in fire prevention and fighting within the scope of their assigned management area.

Article 3. Organization and Direction for Fire Prevention and Fighting

The organization and direction of fire prevention and fighting within the State Bank System are organized according to a vertical system. Depending on the specific circumstances and characteristics of each unit, the head of the unit decides on the organizational model for fire prevention and fighting that is suitable for the unit managed in accordance with the law on fire prevention and fighting.

Article 4. Procurement, equipping, management, and use of fire prevention and firefighting equipment

The heads of units within the State Bank system shall be responsible for directing, procuring, and fully equipping fire prevention and firefighting equipment, while managing, maintaining, and repairing such equipment in a timely manner to ensure effective firefighting readiness.

Chapter 2

ORGANIZATIONAL STRUCTURE FOR FIRE PREVENTION AND FIREFIGHTING

Article 5. Organizational Structure of the Steering Committee

1. The Steering Committee for Fire Prevention and Firefighting of the State Bank System:

- The Deputy Governor of the State Bank serves as the Chairman.

- The Director of the Administrative Department of the State Bank serves as the Vice-Chairman in charge of day-to-day operations; the Director of the Issuance and Treasury Department of the State Bank serves as the Vice-Chairman.

- Leaders of departments under the units: Office of the State Bank, Department of Organization and Cadres, Legal Affairs Department, Accounting and Finance Department, General Supervision Department, and the Permanent Vice-Chairman of the Trade Union of the State Bank serve as members.

2. The Steering Committee for Fire Prevention and Firefighting at the grassroots level.

Branches of the State Bank in provinces and cities; Representative Offices of the State Bank in Ho Chi Minh City; and non-profit organizations established by the State Bank shall establish a grassroots-level Steering Committee for Fire Prevention and Firefighting. The Chairman is the head of the unit, and other members are decided by the head of the unit.

Article 6. Organization and Staffing of Fire Prevention and Firefighting Forces

1. Organization of forces:

a) Each unit within the State Bank system shall establish grassroots-level fire prevention and firefighting teams based on specific circumstances and requirements for fire prevention and firefighting work.

b) At the headquarters of the State Bank, a grassroots-level fire prevention and firefighting team shall be established. For some departments, bureaus, committees, and offices with headquarters outside the main premises, such teams or groups shall be established according to their operational conditions.

c) Principles of force organization.

- Each grassroots-level fire prevention and firefighting team must have sufficient personnel assigned to the following sections:

+ Direct firefighting section.

+ Evacuation guidance, rescue of people and property section.

+ Medical assistance and property protection evacuation section.

- Personnel participating in the fire prevention and firefighting team must be healthy individuals who regularly work at the agency or unit.

2. Staffing of fire prevention and firefighting teams:

a) Units with fewer than 10 regular employees shall have all employees as members of the fire prevention and firefighting group, with the unit leader serving as the group leader.

b) Units with 10 to 50 regular employees shall have a minimum staffing of 10 people for the fire prevention and firefighting team, including 1 team leader (or group leader) and deputy team leaders (or deputy group leaders).

c) Units with more than 50 to 100 regular employees shall have a minimum staffing of 15 people for the fire prevention and firefighting team, including 1 team leader and deputy team leaders.

d) Units with more than 100 regular employees shall have a minimum staffing of 25 people for the fire prevention and firefighting team, including 1 team leader and deputy team leaders.

3. Management and Operation:

Grassroots-level fire prevention and firefighting teams are directly managed and operated by the fire prevention and firefighting steering committee of the unit. The team leader, deputy team leaders, group leader, and deputy group leaders are appointed by the unit head.

Chapter 3

DUTIES – LIMITATIONS

继续翻译第1到第6条。

翻译第7到第15条。

2. Coordinating with the Ministry of Public Security to implement legal provisions on fire prevention and fighting.

翻译第16到第20条。

4. Ensure investment and funding for fire prevention and control activities, and equip fire prevention and control equipment for units under its management authority.

5. Monitor and compile annual reports on the implementation of fire prevention and control activities in units within the system to take measures to guide and report statistics to the Government and the Ministry of Public Security as prescribed.

6. Organize inspections and handle violations related to fire prevention and control activities in units within the system.

Article 8. Responsibilities of the Fire Prevention and Control Steering Committee at the Base Level:

1. Duties:

a) Study and draft internal rules and regulations on fire prevention and control to be submitted for signature and issuance by the head of the unit; inspect staff members' compliance with these rules and regulations.

b) Study and implement guidance for staff members to comply with legal provisions, industry documents, provincial/municipal People's Committees' documents, and management agencies' documents regarding fire prevention and control at the location where the unit is situated.

c) Coordinate with mass organizations and management agencies regarding fire prevention and control in the area to provide guidance, propaganda, and education on fire prevention and control laws and knowledge to staff members.

d) Plan, budget, and execute procurement of fire prevention and control equipment and activities annually for the unit.

đ) Coordinate with project investors and local fire prevention and control management agencies to review and agree on design solutions for fire prevention and control for new construction projects and participate in inspection and acceptance of such projects according to fire prevention and control laws.

e) Direct fire prevention and control teams and groups to research and develop fire prevention and control plans for the unit, review and approve these plans for implementation.

g) Directly command fire prevention and control teams and groups in organizing firefighting activities according to fire prevention and control laws; handle aftermaths, restore order, and return operations to normal.

h) Direct fire prevention and control inspections according to the delegation of authority from the Governor of the State Bank.

i) Organize mid-term and annual summaries and report results of fire prevention and control work to the higher-level vertical Fire Prevention and Control Steering Committee and the local fire prevention and control management agency as required.

2. Authorities:

a) Direct fire prevention and control teams and groups to inspect, identify, and promptly prevent direct risks that may cause fires or explosions, and request relevant specialized authorities to immediately implement necessary measures to prevent potential adverse consequences.

b) Mobilize and activate staff members to participate in rescue and firefighting efforts.

c) Be authorized to forcibly open doors and locks in emergency situations involving fires or explosions within the scope of the organization or unit (including special storage areas) to organize rescue and firefighting efforts and bear responsibility before the Governor of the State Bank for their decisions.

Chapter 4

COOPERATION IN FIRE PREVENTION AND CONTROL

Article 9. Firefighting Organization

1. When a fire occurs at any location within the management unit's scope, the staff officers, civil servants, and officials working at the fire site must sound the alarm and promptly organize firefighting to prevent the spread of the fire, while immediately informing the unit's Fire Prevention and Fighting Command Board to mobilize forces for timely rescue and firefighting operations.

2. In cases where a fire occurs during or outside working hours at the unit's headquarters, the firefighting commander or the person directly discovering the fire, if they determine that the fire intensity exceeds the unit's self-extinguishing capacity, must urgently call the professional firefighting force in the area for timely support in extinguishing the fire.

Article 10. Firefighting Command Authority

The head of the Fire Prevention and Fighting Command Board is responsible for commanding firefighting until the professional firefighting force from the local area joins. Once the local professional firefighting force participates, the firefighting command authority will be assumed by the firefighting commander of the professional firefighting force.

Chapter 5

REWARD - VIOLATION HANDLING

Article 11. Reward

Collectives and individuals who contribute or achieve outstanding results in fire prevention and firefighting work at the unit shall be considered for rewards according to current regulations.

Article 12. Handling Violations

1. Collectives and individuals who fail to comply with the unit's fire prevention and firefighting internal rules and regulations or do not follow orders to perform firefighting duties, causing losses to personnel and property of the unit and the State, shall be subject to disciplinary action or criminal responsibility pursuit depending on the extent of damage, and must compensate according to the law.

2. Heads of agencies and units who fail to fulfill their responsibilities in organizing, managing, inspecting, and directing the implementation of fire prevention and firefighting activities, resulting in fires, shall be subject to disciplinary action or criminal responsibility pursuit depending on the nature and extent of damage, according to the law.

3. Heads of fire prevention and firefighting teams who fail to fulfill their firefighting responsibilities, leading to serious consequences, shall be subject to disciplinary action or criminal responsibility pursuit depending on the nature and extent of violation, according to the law.