Circular No. 25/2019/TT-BNNPTNT on forest fire prevention and firefighting

CIRCULAR

Regulations on Forest Fire Prevention and Control

Decree No. 15/2017/ND-CP dated February 17, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

On the basis of The Forest Law on November 15, 2017;

On the basis of 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;

Decree No. 156/2018/ND-CP dated November 16, 2018 of the Government detailing implementation of certain provisions of the Forestry Law;

Decree No. 79/2014/ND-CP dated July 31, 2014 of the Government detailing implementation of certain provisions of the Law on Fire Prevention and Fighting and the Law Amending and Supplementing Certain Provisions of the Law on Fire Prevention and Fighting;

Decree No. 30/2017/ND-CP dated March 21, 2017 of the Government stipulating organization and operation of emergency response to accidents, natural disasters, and search and rescue operations;

At the proposal of the Director General of the Forest Administration;

The Minister of Agriculture and Rural Development promulgates this Circular stipulating regulations on forest fire prevention and control.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular prescribes regulations on forest fire prevention and control; guides the application of policies in forest fire prevention and control activities.

Article 2. Applicability

This Circular applies to state agencies, organizations, households, individuals, community residents within the country, and foreign organizations and individuals related to forest fire prevention and control activities.

Article 3. Principles of forest fire prevention and control

1. Forest fire prevention and control must prioritize preventive activities; actively detect, prevent, and promptly handle forest fires.

2. Actively prepare human resources, resources, equipment, and facilities for forest fire prevention and control activities; mobilize the comprehensive strength of the whole society to participate in forest fire prevention and control activities.

3. Information on forest fire forecasts and warnings must be quickly and timely communicated to forest owners, local authorities, and agencies responsible for forest fire prevention and control.

4. Implement the principle of four localities, including: local command, local forces, local means, and local logistics.

5. Unified direction and command; closely coordinate among participating forces in firefighting activities.

6. During firefighting activities, ensure safety in priority order: people, property, facilities, equipment involved in firefighting activities.

Chapter II
FOREST FIRE PREVENTION AND CONTROL

Section 1

FOREST FIRE PREVENTION

Article 4. Propaganda, dissemination, education on knowledge and laws on forest fire prevention and control

1. Content

a) Legal documents and directives guiding forest fire prevention and control according to the Fire Prevention and Control Law, the Forestry Law, and implementing guidelines.

b) Responsibilities of sectors, levels, units, organizations, forest owners, and residents in forest fire prevention and control work.

c) The harmful effects and dangerous nature of forest fires; causes of forest fires and preventive measures; methods to handle forest fire situations; self-inspection work on forest fire prevention and control safety for forest owners.

d) Safe fire usage measures during production and daily life during high-risk periods for forest fires.

đ) Information on forest fire forecasts and warnings, early detection of forest fires.

e) Guidance on forest fire prevention measures, procedures for reporting forest fires; guidance on procedures for handling when forest fires occur.

g) Practicing firefighting plans and rescue operations, skills in using firefighting equipment.

2. Implementation forms

a) Through specialized conferences on forest fire prevention and control or integrating specialized topics on forest fire prevention and control with other conferences, community meetings of residents living near forests.

b) Incorporating forest fire prevention and control content into village community conventions and agreements to commit to implementing forest fire prevention and control regulations.

c) Through mass media, base loudspeakers, community gathering places of residents living near forests, social media platforms.

d) Distributing leaflets, building warning boards for forest fire forecasts, fire prohibition signs at forest areas and residential communities near forests.

đ) Other propaganda forms: mobile propaganda, organizing quizzes on forest fire prevention and control, organizing extracurricular classes for students and trainees.

3. Responsibility for implementation

a) People's Committees at all levels are responsible for disseminating knowledge and laws on forest fire prevention and control in their localities according to the law.

b) Forest rangers are responsible for guiding, developing programs, and propagandizing about forest fire prevention and control for organizations and individuals under their management.

c) Heads of agencies, organizations, and facilities shall be responsible for organizing the dissemination of knowledge and laws regarding forest fire prevention and control work to officers, soldiers, workers, students, and the general public.

Article 5. Fire Prevention and Control Forest Engineering Works

1. Construction works built or used for forest fire prevention and control include: firebreak runways, fire-blocking channels and ditches; streams, lakes, dams, water reservoirs, pumping stations, firefighting water supply systems; fire observation towers; forest fire monitoring towers; warning signs, fire forecast warning signs, firefighting and forest fire prevention guidance signs; forest fire forecasting and warning systems, and other construction works serving forest fire prevention and control.

2. For construction works that have national standards for forest fire prevention and control, construction shall be carried out according to the issued standards; for construction works without national standards for forest fire prevention and control, construction shall be carried out according to technical designs approved by competent authorities.

3. Fire prevention and control forest engineering works must be managed, maintained, and repaired in accordance with regulations to ensure readiness for forest firefighting.

Article 6. Firefighting Equipment and Tools for Forest Fire Prevention and Control

1. Equipping firefighting equipment and tools for forest fire prevention and control

a) Firefighting equipment and facilities for forest fire prevention and control include: mechanical equipment, devices, machinery, tools, chemicals, and specialized support tools for firefighting and forest fire prevention as prescribed by fire prevention and control laws.

b) Based on the type of forest and actual conditions and requirements of each locality, organizations and forest owners may supplement specialized firefighting equipment and facilities according to the guidelines set forth in Appendix I attached to this Circular.

2. Provision of firefighting equipment and facilities for specialized firefighting forces must ensure quantity and quality, be synchronized, modern, meet firefighting needs in all forest fire scenarios, and be appropriate to state budget capacity and forest owners.

3. Firefighting equipment and facilities for forest fire prevention and control must comply with technical specifications as designed for forest fire prevention and control purposes; they must be managed, maintained, and repaired in accordance with regulations.

4. For mechanical firefighting equipment and facilities, in addition to being used for firefighting, training, and firefighting drills, their use is limited to: ensuring political security; maintaining social order and safety; rescuing victims, handling urgent disaster relief and recovery; preventing illegal deforestation and patrolling and inspecting forest protection work.

5. Heads of agencies and organizations within their management scope have the authority to mobilize firefighting equipment and facilities under their management for use in the cases specified in Clause 4 of this Article.

Article 7. Management of Forest Combustible Materials and Use of Fire

1. Annually, forest owners are responsible for developing and implementing plans to reduce forest combustible materials to prevent forest fire risks and minimize damage when forest fires occur.

2. The Provincial Forest Protection Service is responsible for directing, guiding, inspecting, and urging forest owners to implement the reduction of forest combustible materials within their jurisdiction.

3. People's Committees at the commune level guide local residents on the use of fire in production, cultivation, and slash-and-burn land clearing; direct and guide residents to implement correctly the timing and location; organize signing commitments to protect forests and forest fire prevention and control with households engaged in production and cultivation near forests.

Article 8. Forest Fire Prevention and Suppression Duty Roster

1. When forest fire forecasts reach levels III, IV, or V, People's Committees at all levels direct forest rangers, dedicated forest protection forces, and related functional forces to review and identify key areas with high risk of forest fires in their jurisdictions, organize duty shifts and guard posts in high-risk forests.

2. The Forest Protection Department directs Forest Protection Branches in regions to allocate personnel, equipment, and facilities to support on-site forest fire prevention and control duties upon request from provincial Forest Protection Branches, National Park Forest Protection Stations under the Forestry General Department, or as required by competent authorities.

Article 9. Early Warning Information and Early Detection of Forest Fires

1. Forest Fire Forecast Information

a) The Forest Protection Department provides forest fire forecast warnings on its website and electronic information portal; supplies information to Vietnam Television, Voice of Vietnam, and other mass media outlets to broadcast forest fire warning news.

b) Forest Ranger Regional Offices shall provide forest fire forecast information on their websites and electronic portals; notify provincial Forest Ranger Offices within their assigned jurisdictions of forecast information.

c) Provincial Forest Protection Branches conduct wide-ranging forest fire risk assessments and disseminate forest fire forecast warnings through mass media; direct field forest rangers and Forest Protection Stations to provide forest fire forecast warnings to grassroots administrative authorities, forest owners, and households living in or near forests.

2. Early Detection of Forest Fires

a) The Forest Protection Department maintains a satellite image receiving station system for early fire detection and other applications; updates fire points detected by the satellite image receiving station on its website and electronic information portal.

b) The Forest Protection Regional Office shall monitor early forest fire spots, notify the Forest Protection Offices of the provinces within its assigned responsibility to inspect, verify, monitor the handling process, and report to the Forest Protection General Department on the results of inspection and verification.

c) The Provincial Forest Protection Office shall monitor early forest fire spots detected from satellite images, combine with early detection at guard posts and checkpoints to detect early forest fires; direct the Forest Protection Stations and forest owners to inspect, verify, and organize timely firefighting; and provide information when a forest fire is detected and organize timely firefighting; organize guard post duty and control people entering and exiting the forest.

d) Forest owners shall organize patrols; apply science and technology and use means and equipment to monitor and detect early forest fires; provide information when a forest fire is detected and organize timely firefighting; organize guard post duty and control people entering and exiting the forest.

e) Forest management agencies, forest owners, and local authorities at all levels shall establish hotlines and use social networks to collect forest fire reports from the public.

3. Responsibility for Reporting Forest Fires

a) Forest owners and local forest rangers shall promptly notify the Forest Protection Station upon detecting a forest fire; the Forest Protection Station shall update and promptly notify the Provincial Forest Protection Office; the Provincial Forest Protection Office shall update and promptly notify the Forest Protection General Department.

b) The report content shall include: time and location of the fire; type of forest and species of trees affected; fire development and scale; assessment of emergency situations; organization of forest firefighting operations.

c) Prompt notification shall be carried out through various forms: written documents, telephone calls, text messages, emails, quick reporting software of the forest protection force, or other fastest communication means available.

Section 2

FOREST FIRE FIGHTING

Article 10. Receiving and Processing Information on Forest Fires

1. Persons mobilized for direct duty pursuant to Clause 1 of Article 8 of this Circular shall have the following tasks:

a) Monitor forest fire forecast information, early fire spots detected from satellite images on the website and electronic portal of the Forest Protection General Department to notify the local forest rangers or specialized forest protection forces to inspect and verify.

b) Receive information on forest fire prevention and firefighting work and reports of forest fires from the public;

c) Upon receiving a forest fire report, the person receiving the report must ask clearly and record in the reception log the following information: name, address, phone number (if available) of the person reporting the fire; location and time of the fire occurrence; information about the fire such as type of forest affected, fire area, risk of fire spread, risk of impact on residential areas, and other relevant information about the fire; simultaneously, immediately report the received information according to Clause 1, Article 51 of Decree No. 156/2018/ND-CP dated November 16, 2018 of the Government detailing the implementation of certain provisions of the Forestry Law (hereinafter referred to as Decree No. 156/2018/ND-CP).

2. Handling of forest fire reports shall be carried out according to Clause 2, Article 51 of Decree No. 156/2018/ND-CP. Based on the actual situation of the locality, the People's Committee of the province shall issue regulations on receiving and handling forest fire information suitable for each level in accordance with each locality.

Article 11. Directing and Commanding Forest Fire Fighting

1. The head of the agency or organization, the Chairman of the People's Committees at all levels present at the scene of the forest fire shall be the person directing the firefighting. The person directing the firefighting has the following responsibilities:

a) Mobilize, coordinate, and assign forces, means, equipment, tools, materials, water sources, and materials for firefighting;

b) Ensure conditions for firefighting services such as traffic, order, communication, logistics, medical care, and political and ideological work during firefighting.

2. The forest fire firefighting commander specified in Article 37 of the Fire Prevention and Fighting Law, Clause 23, Article 1 of the Law amending and supplementing certain provisions of the Fire Prevention and Fighting Law. The forest fire firefighting commander has the task of:

a) Directly command forces and means participating in firefighting;

b) Organize reconnaissance of the fire; determine the position, direction of main firefighting efforts, and deployment of necessary forces and means for firefighting, measures for firefighting;

c) Decide on dividing firefighting zones and designate the commander of each firefighting force in each zone;

d) Report to the immediate superior leadership or upon request of the competent authority on the situation and development of the fire;

đ) Organize the implementation of measures to ensure safety for forces and means participating in firefighting; ensure support activities in firefighting operations;

e) Coordinate to organize protection of the firefighting area, fire scene; apply measures to protect documents and items serving the investigation of the fire, determining the cause of the forest fire;

g) Organize the assembly of forces, recovery of means back to the unit when the firefighting mission is completed;

h) After extinguishing the fire, require continuous inspection of the fire scene to prevent the fire from reigniting;

i) Perform other tasks as prescribed by laws on fire prevention and firefighting.

3. In cases where multiple forces participate in firefighting, the commanders of each force are as follows:

a) For military forces, the head of the unit is the commander as prescribed by laws on fire prevention and firefighting;

b) For forest protection forces of the forest owner organizations, the head of the organization is the commander or delegates the firefighting commander;

c) For other forces participating in firefighting, they shall act in accordance with the provisions of laws on fire prevention and firefighting.

Article 12. Authority to Mobilize Forest Firefighting Forces and Equipment

1. The forest fire firefighting commander specified in Point d, Clause 2, Article 37 of the Fire Prevention and Fighting Law has the authority to mobilize firefighting forces, means, and equipment within their management scope according to the laws on fire prevention and fighting.

2. The Chairpersons of People's Committees at all levels shall mobilize firefighting forces, means, and equipment according to Article 15 of Decree No. 30/2017/ND-CP dated March 21, 2017 of the Government stipulating the organization and operation of emergency response, disaster relief, and search and rescue (hereinafter referred to as Decree No. 30/2017/ND-CP) in cases where forest fires exceed the control capacity of the entities specified in Clause 1 of this Article, specifically:

a) The Chairperson of the People's Committee at the commune level has the authority to mobilize the forces, means, and equipment of organizations and individuals under their management to fight forest fires. In cases where it exceeds the control capacity of the commune level, the Chairperson of the People's Committee at the commune level shall report to the People's Committee at the district level and the District Steering Committee for Disaster Prevention and Control and Search and Rescue to mobilize firefighting efforts.

b) The Chairperson of the People's Committee at the district level has the authority to mobilize the forces, means, and equipment of organizations and individuals under their management to fight forest fires. In cases where it exceeds the control capacity of the district level, the Chairperson of the People's Committee at the district level shall report to the People's Committee at the provincial level and the Provincial Steering Committee for Disaster Prevention and Control and Search and Rescue to mobilize firefighting efforts.

c) The Chairperson of the People's Committee at the provincial level has the authority to mobilize the forces, means, and equipment of organizations and individuals under their management to fight forest fires. In cases of large-scale fires exceeding control capacity, or fires not large in scale but posing risks to people, national defense security, safety of important facilities, buildings with high risk of explosion, the Chairperson of the People's Committee at the provincial level shall report to the National Steering Committee for Emergency Response, Disaster Relief, and Search and Rescue and the Minister of Agriculture and Rural Development to mobilize firefighting efforts.

3. The fire prevention and firefighting police force shall mobilize forces and means according to Article 24 of Decree No. 79/2014/ND-CP dated July 31, 2014 of the Government detailing the implementation of certain provisions of the Fire Prevention and Fighting Law (hereinafter referred to as Decree No. 79/2014/ND-CP).

4. The procedure for mobilizing firefighting forces, means, and equipment shall be carried out according to Article 14 of Circular No. 66/2014/TT-BCA dated December 16, 2014 of the Ministry of Public Security detailing the implementation of certain provisions of Decree No. 79/2014/ND-CP.

5. The People's Committee at the provincial level shall direct the establishment of regulations for coordinating mobilization of firefighting forces, equipment, and devices based on the actual situation of the locality.

Article 13. Determination of Damage Caused by Forest Fires, Causes of Forest Fires, and Measures for Post-Fire Forest Recovery

1. Forest owners shall determine the damage caused by forest fires according to Clause 1, Article 52 of Decree No. 156/2018/ND-CP, including: fire area, type of forest, condition of damaged forest; human and property losses and other damages (if any).

2. Determination of causes of forest fires

a) Investigation and determination of causes of forest fires shall be conducted according to Clause 4, Article 52 of Decree No. 156/2018/NĐ-CP.

b) Based on the nature and degree of violation, extent of damage, appropriate measures shall be proposed according to the law.

3. The forest owner shall be responsible for implementing measures for post-fire forest recovery according to Clause 2, Article 52 of Decree No. 156/2018/NĐ-CP.

4. The local Forest Protection Agency shall cooperate with the People's Committee at the commune level to guide and inspect the determination of damage caused by forest fires, urge the forest owner to implement post-fire forest recovery.

Article 14. Forest Fire Reports

1. Regular forest fire reports, including monthly, quarterly, semi-annual, and annual reports, shall be made according to Circular No. 12/2019/TT-BNNPTNT dated October 25, 2019 of the Ministry of Agriculture and Rural Development on Statistics in the Forestry Sector.

2. Emergency Reports

a) Wildfire report: Within ten working days from the date the forest fire is extinguished, the forest owner shall be responsible for preparing a wildfire report to submit to the local Forest Protection agency. Within one day from receiving the report from the forest owner, the local Forest Protection agency shall be responsible for reporting to the provincial Forest Protection branch. Within three working days from receiving the report from the local Forest Protection agency, the provincial Forest Protection branch shall report to the provincial People's Committee and the National Forest Protection Department.

The content of the forest fire report shall be carried out according to Appendix II attached to this Circular.

b) In cases where urgent reports are required to implement directives and management measures, the requesting agency must provide a document clearly stating the purpose, time frame, and contents required in the report.

Chapter III
GUIDELINES FOR APPLYING REGULATIONS AND POLICIES IN FOREST FIRE PREVENTION AND CONTROL ACTIVITIES

Article 15. Contents of Expenditures for Forest Fire Prevention and Control Activities

The expenditure on forest fire prevention and firefighting activities shall be implemented according to the provisions of Decree No. 30/2017/ND-CP, Decree No. 156/2018/ND-CP, and relevant laws, including the following main expenditures:

1. Activities related to propaganda, training, drills, inspections of forest fire prevention and control work;

2. Construction, maintenance, repair, upgrading, and transformation of firebreak roads, forest fire watchtowers, fire observation stations, fire prediction stations; irrigation channels, bridges, culverts, water reservoirs, dams, water storage ponds, and water supply pipelines for forest fire prevention and firefighting operations;

3. Procurement of materials, equipment, and means; fire risk monitoring and warning devices;

4. Raw materials; repairs and compensation for damages to means and equipment mobilized for firefighting;

5. Communication and liaison work; administrative expenses; conferences; summary and commendation of units and individuals with outstanding achievements in forest fire prevention and firefighting;

6. Overtime work in accordance with legal provisions;

7. Expenses for personnel participating in firefighting;

8. Additional food allowances and bonuses for firefighting forces;

9. Rescue operations for victims and medical support for firefighting forces;

10. Hiring of means and repair costs for means (if damaged due to external causes) mobilized for firefighting under the order of competent state agencies;

11. Compensation for organizations, individuals, and owners of means participating in firefighting exposed to risks due to forest fires;

12. Application of science and technology in forest fire prevention and control;

13. Maintaining the regular operation of mass forest protection teams; disseminating and educating the law on forest protection; labor contracts for forest protection and firefighting according to Clause 1, Article 3 of Decision No. 07/2012/QĐ-TTg dated February 8, 2012, issued by the Prime Minister on certain policies to strengthen forest protection work (hereinafter referred to as Decision No. 07/2012/QĐ-TTg);

14. Other expenditure items for forest fire prevention and control activities shall be implemented in accordance with legal provisions.

Article 16. Levels of expenditure for personnel on fire duty and those mobilized to participate in forest firefighting

1. Levels of expenditure for personnel receiving salaries from the state budget

a) During the period they are mobilized to participate in forest firefighting by competent authorities, they shall enjoy benefits as prescribed in Clause 2, Article 19 of Decree No. 30/2017/ND-CP.

b) In cases where they are summoned by competent authorities to perform fire duty outside regular working hours, they shall be paid overtime pay in accordance with the provisions of the law.

2. Levels of expenditure for personnel not receiving salaries from the state budget

a) Personnel mobilized to participate in forest firefighting shall enjoy benefits as prescribed in Clause 1, Article 19 of Decree No. 30/2017/ND-CP, as follows:

They shall receive daily labor allowance (as for general workers) at a minimum rate of 0.1 times the basic wage. The specific amount of the allowance shall be determined by the People's Committee of the province;

If participating in forest firefighting from 10 PM the previous day until 6 AM the following morning, it shall be counted as double;

When performing duties away from their place of residence without the possibility of returning daily, they shall be provided with accommodation and rest facilities, transportation support, travel expenses, or reimbursement for round-trip train tickets according to the regulations of the Ministry of Finance; they shall also be supported with food expenses at the level specified by the provincial People's Committee;

The level that mobilizes shall ensure payment.

b) Personnel mobilized to participate in fire duty and guard duty as prescribed in Clause 1, Article 8 of this Circular shall implement as follows:

For forests directly managed by the People's Committee of the commune, it shall be implemented according to Clause 1, Article 3 of Decision No. 07/2012/QĐ-TTg;

For forests directly managed by organizations or individuals, the forest owner shall decide on payment according to the labor contract for forest protection and firefighting.

Article 17. Benefits for personnel mobilized to directly extinguish fires and serve firefighting who are injured or killed

1. The treatment regime for those directly involved in firefighting and firefighting support who are injured shall be applied according to the provisions of Article 3 of Circular Joint Circular No. 52/2015/TTLT-BLDTBXH-BCA-BTC dated December 10, 2015, on guiding the treatment regime for those directly involved in firefighting, firefighting support, and civilian defense team members, fire brigade members participating in firefighting training and capacity building (hereinafter referred to as Joint Circular No. 52/2015/TTLT-BLDTBXH-BCA-BTC).

2. Benefits for personnel mobilized to directly extinguish fires and serve firefighting who are killed shall be applied in accordance with the provisions of Article 4 of Joint Circular No. 52/2015/TTLT-BLĐTBXH-BCA-BTC.

3. Application of the policy for war invalids or equivalent to war invalids according to the provisions of Article 5 of Joint Circular No. 52/2015/TTLT-BLDTBXH-BCA-BTC.

4. Recognition as martyrs shall be applied in accordance with the provisions of Article 6 of Joint Circular No. 52/2015/TTLT-BLĐTBXH-BCA-BTC.

Article 18. Sources of the state budget to ensure activities for forest fire prevention and firefighting

1. Budget sources as stipulated in Article 22 of Decree No. 30/2017/ND-CP and Article 52 of Decree No. 79/2014/ND-CP.

2. Investment policy as prescribed in Article 87, investment support policy as prescribed in Article 88 of Decree No. 156/2018/ND-CP.

3. Other sources of the state budget as prescribed by law.

Chapter IV
IMPLEMENTATION

Article 19. Responsibility for Implementation

1. The Forestry General Department shall guide and inspect the implementation of this Circular throughout the country.

2. The Department of Agriculture and Rural Development shall guide and inspect the implementation of this Circular within the provincial territory.

Article 20. Effective Date

1. This Circular shall take effect from February 15, 2020.

2. During the implementation process, if there are difficulties, agencies, organizations, and individuals shall promptly reflect them to the Forestry General Department for consolidation and reporting to the Ministry of Agriculture and Rural Development for consideration and resolution.

3. In case the legal normative documents cited in this Circular are amended, supplemented, or replaced by other documents, then the amended, supplemented, or replacing documents shall apply.

 

 

ANNEX I

LIST OF EQUIPMENT AND DEVICES FOR FOREST FIRE PREVENTION AND FIREFIGHTING WORK
(Adopted together with Circular No. 25/2019/TT-BNNPTNT dated December 27, 2019, issued by the Ministry of Agriculture and Rural Development)

 

ANNEX II

REPORT ON FOREST FIRES
(Adopted together with Circular No. 25/2019/TT-BNNPTNT dated December 27, 2019, issued by the Ministry of Agriculture and Rural Development)

1. Causes of forest fires

2. Summary table of burned areas and types of forests damaged by forest fires

Note: 6*=7+11; 7*=8+9+10; 11*=12+13+14.

3. Damage to people, property, and other damages (if any)

a) Damage to people

b) Damage to property

c) Other damages (if any)

4. Measures to mitigate the consequences of forest fires

5. Proposals and recommendations