Law on Fire Prevention and Combating No. 27/2001/QH10 stipulates fire prevention and combating measures within the territory of Vietnam, including basic measures, responsibilities of entities, organization of forces, equipping means, investment in activities, state management, and penalties for violations. This Law takes effect from October 4, 2001.
Đối tượng áp dụng
Agencies, organizations, households, and individuals operating or residing within the territory of Vietnam; firefighting police force; state agencies responsible for fire prevention and combating.
Các điểm cốt lõi
- Agencies, organizations, households, and individuals must comply with the provisions of the Law on Fire Prevention and Combating, and may be required to participate in civilian defense teams or grassroots firefighting teams.
- Must develop fire prevention and firefighting plans for facilities, areas, motor vehicles, forests, markets, shopping centers, hospitals, schools, hotels, ports, railway stations, bus terminals, etc.
- The firefighting police force is responsible for mobilizing forces and means to extinguish fires promptly; persons discovering a fire must report it immediately and participate in firefighting efforts.
- Must equip fire prevention and firefighting means for facilities, villages, hamlets, communes, households, various types of forests, motor vehicles.
- The State ensures budget funding for fire prevention and firefighting activities; encourages investment in this field.
🌐 Tác động xã hội từ văn bản này
- Positive impact: Enhances community awareness of fire prevention and firefighting, reduces casualties and property damage caused by fires.
- Negative impact: Investment costs for fire prevention and firefighting equipment may increase the burden on some organizations and individuals.
❓ Câu hỏi thường gặp
Which agency is responsible for state management of fire prevention and firefighting?
The Ministry of Public Security is responsible before the Government for implementing state management of fire prevention and firefighting. Ministries, ministerial-level agencies, and government agencies within their respective tasks and authorities shall cooperate with the Ministry of Public Security to organize the implementation of regulations on fire prevention and firefighting.
Which facilities must develop fire prevention and firefighting plans?
All facilities, areas, motor vehicles, forests, markets, shopping centers, hospitals, schools, hotels, ports, railway stations, bus terminals, etc., must develop fire prevention and firefighting plans.
Who has the right to appeal or report against decisions or measures taken by inspection teams?
Agencies, organizations, and individuals have the right to appeal or sue against decisions or measures taken by inspection teams or inspectors according to the law. Individuals also have the right to report to competent state agencies any acts violating the law on fire prevention and firefighting.
Which facilities must equip fire prevention and firefighting means?
All facilities, areas, motor vehicles, forests, markets, shopping centers, hospitals, schools, hotels, ports, railway stations, bus terminals, etc., must equip their own fire prevention and firefighting means.
What policies does the State have to encourage investment in the field of fire prevention and firefighting?
The State encourages domestic agencies, organizations, individuals, overseas Vietnamese, foreign organizations and individuals, and international organizations to invest and sponsor fire prevention and firefighting activities. The State also implements preferential tax policies for the production, assembly, and export of fire prevention and firefighting equipment.
Toàn văn
LAW
FIRE PREVENTION AND FIGHTING
To enhance the effectiveness of state management and to raise the responsibility of the entire population for fire prevention and firefighting activities; to protect human lives and health, state assets, organizational and individual property, the environment, and to ensure national security and social public order.
Based on the Constitution of the Socialist Republic of Vietnam in 1992;
This Law stipulates on fire prevention and firefighting.
PART I
GENERAL PROVISIONS
Article 1. Scope of application
This Law stipulates on fire prevention, firefighting, building forces, equipping equipment, and policies for fire prevention and firefighting activities.
Article 2. Applicability
Organizations, households, and individuals operating or residing within the territory of the Socialist Republic of Vietnam must comply with the provisions of this Law and other relevant laws; in cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions from this Law, the provisions of such international treaties shall be applied.
Article 3. Definitions
In this Law, the following terms shall be understood as follows:
1. Fire is understood as an uncontrollable fire situation that may cause damage to people, property, and environmental impact.
2. Flammable and explosive substances are liquids, gases, solids, or goods and materials prone to fire and explosion.
3. Cơ sở vật chất (nhà cửa, cơ sở hạ tầng) bảo đảm cho việc liên doanh, liên kết refers generally to factories, enterprises, warehouses, office buildings, hospitals, schools, theaters, hotels, markets, shopping centers, military camps, and other constructions.
An organization may have one or more facilities.
4. Premises with fire and explosion hazards is a facility where there is a certain quantity of flammable and explosive substances as prescribed by the Government.
5. Civil Defense Team is an organization consisting of individuals participating in fire prevention and firefighting activities and maintaining public security in their residential areas.
6. Facility Fire Prevention and Fighting Team is an organization consisting of individuals participating in fire prevention and firefighting activities at their workplaces.
7. Firefighting Area is the area where firefighting forces carry out firefighting operations.
8. Firefighting includes mobilizing and deploying firefighting forces and equipment, cutting off power, organizing evacuation, rescuing people and property, preventing fire spread, extinguishing fires, and other related firefighting activities.
9. Forest Owner is an organization, household, or individual assigned forests or land for forest planting by competent state authorities.
Article 4. Principles of Fire Prevention and Firefighting
1. Mobilize the combined strength of the entire population to participate in fire prevention and firefighting activities.
2. In fire prevention and firefighting activities, prevention should be prioritized; active and proactive prevention measures must be taken to minimize the occurrence of fires and losses caused by them.
3. Be prepared with firefighting forces, equipment, plans, and other conditions so that when a fire occurs, firefighting can be timely and effective.
4. All fire prevention and firefighting activities must first be carried out and resolved using local forces and equipment.
Article 5. Responsibilities for Fire Prevention and Firefighting
1. Fire prevention and firefighting are the responsibilities of every organization, household, and individual within the territory of the Socialist Republic of Vietnam.
2. Citizens aged 18 and above, who are physically fit, have the responsibility to join civil defense teams or facility fire prevention and fighting teams established in their residential or workplace areas upon request.
3. The head of an organization or household is responsible for organizing and regularly inspecting fire prevention and firefighting activities within their scope of responsibility.
4. The Fire Prevention and Fighting Police Force has the responsibility to guide, inspect fire prevention and firefighting activities of organizations, households, and individuals, and perform firefighting duties.
Article 6. Responsibilities for Propaganda, Dissemination, and Education on Fire Prevention and Firefighting
1. Information and propaganda agencies have the responsibility to organize regular and widespread dissemination of laws and knowledge on fire prevention and firefighting to the entire population.
2. Organizations, households have the responsibility to organize education, dissemination of laws and knowledge on fire prevention and firefighting for all people within their management scope.
Article 7. Responsibilities of the Vietnam Fatherland Front and its Member Organizations
The Vietnam Fatherland Front and its member organizations have the responsibility to organize and coordinate with functional agencies to promote and encourage all strata of the population to implement and supervise the implementation of the provisions of this Law.
Article 8. Issuance and Implementation of Fire Prevention and Control Standards
1. The competent state agency shall be responsible for issuing fire prevention and control standards after reaching consensus with the Ministry of Public Security.
2. Organizations, households, and individuals involved in activities related to fire prevention and control must comply with Vietnam's fire prevention and control standards. The application of foreign standards related to fire prevention and control shall be carried out in accordance with the Government's regulations.
Article 9. Fire and Explosion Insurance
Organizations, institutions, and individuals with facilities that pose risks of fire and explosion must compulsorily insure against fire and explosion for the assets of such facilities. The State encourages other organizations, institutions, and individuals to participate in fire and explosion insurance.
The Government shall specify the list of facilities posing risks of fire and explosion, conditions, insurance premiums, minimum insurance amounts, and establish state-owned enterprises engaged in fire and explosion insurance business.
Article 10. Policy towards Participants in Fire Fighting Activities
Individuals directly participating in fire fighting, those who are injured, suffer health damage, or property loss during fire fighting activities shall be entitled to benefits and policies as prescribed by law.
Article 11. National Day for Fire Prevention and Control
October 4th each year is designated as "National Day for Fire Prevention and Control."
Article 12. International Cooperation Relations
1. The Socialist Republic of Vietnam shall expand and develop international cooperation relations in fire prevention and control activities.
2. In case of a fire disaster, the Socialist Republic of Vietnam shall appeal for assistance from other countries and international organizations.
Within its capacity, the Socialist Republic of Vietnam shall be ready to assist other countries in fire prevention and control upon request.
Article 13. Prohibited acts
1. Intentionally causing fires or explosions resulting in harm to human life and health; causing damage to state, organizational, institutional, or individual assets; adversely affecting the environment, national security, and social order and safety.
2. Obstructing fire prevention and control activities; resisting fire prevention and control duty officers.
3. Exploiting fire prevention and control activities to harm human life and health; infringing on state, organizational, institutional, or individual assets.
4. False fire alarms.
5. Illegally producing, storing, transporting, preserving, using, buying, or selling hazardous substances concerning fire and explosion; seriously violating regulations on managing and using sources of fire and heat and fire prevention and control standards prescribed by the State.
6. Commencing construction of projects posing risks of fire and explosion without approved fire prevention and control designs; accepting and putting into use projects posing risks of fire and explosion without meeting fire prevention and control safety requirements.
7. Damaging, arbitrarily changing, or moving fire prevention and control equipment, warning signs, directional signs, and escape routes.
8. Other acts violating this Law.
PART II
FIRE PREVENTION
Article 14. Basic Measures in Fire Prevention
1. Strictly managing and safely using flammable and explosive materials, sources of fire and heat, ignition devices, heating devices, ignitable and heat-generating substances; ensuring fire prevention safety conditions.
2. Regularly and periodically inspecting and promptly addressing any deficiencies in fire prevention measures.
Article 15. Design and Review of Fire Prevention and Control Designs
1. When planning new urban development projects, residential areas, economic zones, industrial parks, export processing zones, high-tech zones, there must be fire prevention and control solutions and designs ensuring the following contents:
a) Construction locations, layout of areas and plots;
b) Transportation and water supply systems;
c) Reasonable placement of fire prevention and control units at necessary locations;
d) Budget estimates for fire prevention and control components.
2. When designing new construction projects, renovations, or changes in the purpose of use of buildings, there must be fire prevention and control solutions and designs ensuring the following contents:
a) Construction locations, safe distances;
b) Escape systems;
c) Technical safety systems for fire prevention and control;
d) Other requirements serving fire prevention and control;
đ) Budget estimates for fire prevention and control components.
3. Projects and designs specified in Clause 1 and Clause 2 of this Article must undergo fire prevention and control design reviews.
4. The Government shall specify the list of projects and constructions required to have designs and design reviews, and the deadlines for such reviews.
Article 16. Responsibilities of Organizations, Institutions, and Individuals in Investment Construction and Use of Buildings
1. The project proponent shall complete procedures to submit the project and design for fire prevention and control approval; construction may only commence when the fire safety design of the building has been approved; organize inspections, supervision during construction, acceptance, and handover before putting the building into use.
During the construction process, if there are changes to the design, explanations or supplementary designs must be provided and re-approved.
2. During the construction process, the project proponent and construction contractors must ensure fire prevention and control safety within their scope of responsibility.
3. During the use of buildings, organizations, institutions, and individuals must regularly inspect and maintain fire prevention and control conditions.
Article 17. Fire Prevention for Residential Buildings and Communities
1. Residential buildings must be equipped with electrical systems, cooking areas, and worship places that ensure safety; flammable and explosive materials must be kept away from sources of fire and heat; conditions and means to prepare for firefighting must be ready.
2. Villages, hamlets, communes, and residential wards must have regulations and internal rules on fire prevention and firefighting, the use of electricity, fire, and flammable and explosive substances; measures to prevent fires; plans, forces, and means for fire prevention and firefighting; traffic routes and water sources for firefighting purposes.
Article 18. Fire Prevention for Motorized Vehicles
1. Motorized vehicles with four seats or more, motorized vehicles transporting goods, and hazardous substances concerning fire and explosion must meet the conditions stipulated by state management agencies regarding fire prevention and firefighting.
2. For motorized vehicles requiring special safety conditions for fire prevention and firefighting, the inspection agency will only issue an inspection certificate after confirmation by the state management agency responsible for fire prevention and firefighting that the vehicle meets the requirements; new or renovated vehicles must have their designs approved.
The Government shall specify types of motorized vehicles requiring special safety conditions for fire prevention and firefighting.
3. International organizations, organizations, and individuals from foreign countries when entering Vietnam's territory must comply with fire prevention and firefighting safety conditions as prescribed by Vietnamese law.
4. Owners, commanders, and drivers of motorized vehicles must ensure fire prevention and firefighting safety throughout the operation of the vehicles.
Article 19. Fire Prevention for Forests
1. In managing, protecting, developing, and exploiting forests, it must be based on forest classification to determine the scope of fire prevention and firefighting safety; forests must be divided according to the level of fire risk and appropriate measures for fire prevention and firefighting must be taken for each type of forest.
2. When planning development projects for forests, fire prevention and firefighting plans for each type of forest must be included.
3. Facilities, residences within or adjacent to forests, roads, pipelines carrying hazardous substances concerning fire and explosion, and power lines passing through or adjacent to forests must comply with safe distances and fire prevention and firefighting corridors as prescribed by law.
4. Agencies, organizations, households, and individuals conducting activities within or adjacent to forests must comply with fire prevention and firefighting safety regulations as stipulated by this Law and other laws.
5. The Government shall provide detailed regulations on fire prevention for forests.
Article 20. Fire Prevention for Premises
1. Premises located within a defined area, managed, operated, and requiring independent fire prevention and firefighting plans must implement the following basic requirements:
a) Regulations and internal rules on fire prevention and firefighting safety;
b) Measures for fire prevention;
c) Fire alarm, firefighting, and fire suppression systems suitable for the nature of the premises' operations;
d) Forces, means, and other conditions meeting fire prevention and firefighting requirements;
đ) Firefighting, evacuation, rescue, and fire spread prevention plans;
e) Allocation of funds for fire prevention and firefighting activities;
g) Records for monitoring and managing fire prevention and firefighting activities.
2. Other premises must implement fire prevention requirements specified in Clause 1 of this Article in accordance with the scale and nature of their operations.
3. Subjects specified in Articles 21 to 28 of this Law, in addition to implementing fire prevention requirements specified in Clause 1 of this Article, must also implement specific measures for fire prevention and firefighting tailored to each subject.
Article 21. Fire prevention for economic zones, industrial zones, export processing zones, and high-tech zones.
1. In economic zones, industrial zones, export processing zones, and high-tech zones, specialized fire prevention and firefighting teams must be established; fire prevention and firefighting plans for the entire zone must be developed.
2. Organizations and individuals operating within the zones specified in Clause 1 of this Article must have plans to ensure safety in fire prevention and firefighting; they must establish fire prevention and firefighting teams.
Article 22. Fire prevention in the exploitation, processing, production, transportation, trading, use, and storage of petroleum products, natural gas, materials, and other goods with fire and explosion hazards.
1. At oil and gas extraction sites, equipment for detecting and handling gas leaks must be installed; fire prevention and firefighting plans for each facility and for the entire complex of interconnected facilities must be developed.
2. At storage facilities, systems for transporting petroleum products and natural gas, and processing facilities for these products, systems for reporting and handling concentrations of gasoline, diesel vapor, and gas must be installed; measures to protect against and prevent ruptures, cracks, and breaks in storage tanks, equipment, and pipelines must be implemented.
3. At retail stores selling petroleum products and natural gas, fire safety must be ensured for adjacent structures. Transportation, export, and import of petroleum products and natural gas must comply with regulations on fire safety.
4. Organizations and individuals engaged in production, trading, services, supply, and transportation of hazardous materials regarding fire and explosion must have certification meeting fire prevention and firefighting conditions; technical specifications must be printed on product labels, and safety guidelines for fire prevention and firefighting in Vietnamese must be provided.
5. Individuals working in environments with fire and explosion hazards or frequently exposed to flammable and explosive substances must undergo training and obtain certificates for fire prevention and firefighting vocational training.
6. Equipment, devices, and means of transport using petroleum products and natural gas must ensure safety from fire and explosion.
Article 23. Fire prevention for high-rise buildings, water-based structures, underground structures, tunnels, and other mining facilities.
1. High-rise buildings must have equipment to prevent smoke accumulation, spread, and toxic fumes from fires; evacuation plans and self-firefighting measures must be developed for areas where external firefighting support is not feasible.
2. Water-based structures with fire and explosion hazards must have plans, forces, and means to self-extinguish and prevent fire spread.
3. Underground structures, tunnels, and other mining facilities must be equipped with means to detect and handle flammable gases and toxic gases; ventilation systems and conditions ensuring the deployment of forces and means for rescue and firefighting must be established.
Article 24. Fire prevention in electricity production, supply, use, and electrical equipment and tools.
1. At power plants, transformer stations, and distribution substations, measures to proactively address fire incidents must be implemented.
2. When designing and installing electrical systems and equipment, standards for fire prevention and firefighting safety must be met.
3. Electrical equipment and tools used in environments with fire and explosion hazards must be types that are safe from fire and explosion.
4. Agencies, organizations, and individuals supplying electricity have the responsibility to guide measures to ensure fire prevention and firefighting safety for electricity users.
Article 25. Fire prevention for markets, shopping centers, warehouses.
1. In large-scale markets and shopping centers, electricity for business operations, living activities, security, and firefighting must be separated into independent systems; merchants and goods must be arranged to meet fire prevention and firefighting safety requirements; evacuation plans and goods clearance procedures in case of fire must be developed.
2. In warehouses, electricity for production, security, and firefighting must be separated into independent systems; materials and goods must be arranged to meet fire prevention and firefighting safety requirements. Warehouses storing flammable and explosive materials must be dedicated warehouses.
Article 26. Fire prevention for ports, railway stations, bus terminals.
At airports, seaports, river ports, railway stations, and bus terminals, firefighting forces and equipment must be organized according to the regulations of the Minister of Public Security; evacuation plans and procedures for clearing vehicles, materials, and goods in case of fire must be developed.
Article 27. Fire prevention for hospitals, schools, hotels, guest houses, nightclubs, theaters, cinemas, and other crowded places.
At hospitals, schools, hotels, guest houses, nightclubs, theaters, cinemas, and other crowded places, evacuation plans must be developed; guidance and assistance forces must be available for everyone, especially those unable to evacuate themselves; cooperation plans with other forces for firefighting must be established.
Article 28. Fire prevention for office premises, libraries, museums, archives.
At office premises, libraries, museums, and archives, office equipment, files, and documents must be arranged to ensure fire prevention and firefighting safety; strict management measures for combustibles, ignition sources, electricity, heat-producing devices and tools, heat-producing materials, and other fire prevention measures must be implemented when leaving work locations.
Article 29. Suspension and Termination of Operations of Facilities, Motor Vehicles, Households, and Individuals that Do Not Ensure Fire Safety
Clause 1. The operations of facilities, motor vehicles, households, and individuals shall be temporarily suspended in the following cases:
Point a) When there is a direct risk of fire or explosion.
Point b) Serious violations of fire safety regulations.
Point c) Violations of fire safety regulations that have been required to be rectified by state management agencies on fire safety but were not implemented.
Clause 2. If the facilities, motor vehicles, households, and individuals specified in Clause 1 of this Article have exceeded the temporary suspension period without rectification or cannot be rectified and pose a serious risk of consequences, their operations will be terminated.
Clause 3. In cases of temporary suspension, they may only resume operations when the risk of fire or explosion has been eliminated, the violations have been rectified, and permission is granted by the competent authority that issued the temporary suspension decision.
Clause 4. The Government shall specify the scope of temporary suspension and termination of operations, the duration of temporary suspension, and the competent authorities authorized to make decisions on temporary suspension and termination of operations.
CHAPTER III
FIRE FIGHTING
Article 30. Basic Measures in Firefighting
Clause 1. Quickly mobilize all forces and means to extinguish the fire immediately.
Clause 2. Prioritize rescuing people, salvaging property, and preventing the spread of fire.
Clause 3. Unify command and control during firefighting.
Article 31. XBuilding and Practicing Firefighting Plans
Clause 1. Each facility, village, hamlet, commune, residential area, forest, and special motor vehicle must have a firefighting plan established by the head of the facility, village chief, hamlet chief, commune chief, residential area leader, forest owner, or vehicle owner, and such plans must be approved by the competent authority.
Clause 2. The firefighting plan must be regularly practiced according to the approved plan. All forces and means included in the plan must fully participate when mobilized for practice.
Article 32. Reporting Fires and Firefighting Information
Fires should be reported using signals or telephone calls.
A unified national emergency number for reporting fires is established. Communication means must be prioritized for fire reporting and firefighting services.
Article 33. Responsibilities in Firefighting and Participation in Firefighting
Clause 1. Upon discovering a fire, one must report it immediately and attempt to extinguish it; nearby organizations, households, and individuals must quickly provide information and participate in firefighting.
Clause 2. Fire prevention and firefighting forces, upon receiving reports of fires within their designated areas or orders to mobilize, must immediately proceed to the scene to extinguish the fire; if the report is from outside their designated area, they must promptly inform the firefighting force at the location of the fire and report to their superiors.
Clause 3. Health, power, water supply, urban environment, transportation, and other relevant agencies, upon receiving requests from firefighting commanders, must quickly dispatch personnel and means to the fire site to support firefighting efforts.
Clause 4. Police, militia, and self-defense forces are responsible for maintaining order, protecting the firefighting area, and participating in firefighting.
Article 34. Mobilizing Forces and Means for Firefighting
Clause 1. When a fire occurs, personnel, means, and assets of organizations, households, and individuals can be mobilized for firefighting and supporting firefighting efforts; upon receiving mobilization orders, immediate compliance is required. Damages to mobilized means and assets, or demolition of houses and structures as stipulated in Point d, Clause 1, Article 38 of this Law, shall be compensated according to the law.
Clause 2. Mobilizing priority vehicles, personnel, and means of the military, international organizations, foreign organizations, and individuals in Vietnam to participate in firefighting shall be carried out in accordance with government regulations.
Article 35. Water Sources and Firefighting Materials
During a fire, all water sources and firefighting materials must be prioritized for firefighting purposes.
Article 36. Priority and Ensuring Priority Rights for Personnel and Means Participating in Firefighting
Clause 1. Personnel mobilized for firefighting tasks are entitled to priority travel on transportation means.
Clause 2. Forces and means engaged in firefighting tasks enjoy the following priority rights:
Point a) Fire Prevention and Firefighting Police forces may use priority horns, lights, flags, and other special signals; they are entitled to priority passage on roads as prescribed by law.
Point b) Other forces and means mobilized for firefighting tasks enjoy the priority rights specified in Point a of this clause within the firefighting area.
Clause 3. Personnel and means involved in traffic when encountering the priority signals of firefighting vehicles must quickly yield the way.
Clause 4. Traffic police and other forces responsible for maintaining traffic order and safety must ensure that firefighting forces and means can move quickly.
Article 37. Firefighting Commanders
Clause 1. In all circumstances, the highest-ranking officer present at the fire scene from the Fire Prevention and Firefighting Police unit is the firefighting commander.
Clause 2. In cases where the Fire Prevention and Firefighting Police forces have not arrived at the fire scene in time, the firefighting commander shall be designated as follows:
Point a) For fires at facilities, the head of the facility is the firefighting commander; if the head is absent, the head of the facility's fire prevention and firefighting team or the person authorized is the firefighting commander.
Point b) For fires in villages, hamlets, communes, or residential areas, the village chief, hamlet chief, commune chief, or residential area leader is the firefighting commander; if these persons are absent, the head of the civilian defense team or the person authorized is the firefighting commander.
Point c) For fires involving motor vehicles in transit, the vehicle commander or owner is the firefighting commander; if there is no vehicle commander or owner, the driver is the firefighting commander.
d) In case of forest fire, if the forest owner is an agency or organization, the head of such agency or organization or the authorized person shall be responsible for directing firefighting efforts; if the forest owner is a household or individual, the village chief, ward chief, commune chief or the authorized person at the location of the fire shall be responsible for directing firefighting efforts.
The head of the forestry inspection unit or the authorized person at the location of the fire shall be responsible for participating in directing firefighting efforts;
đ) The head of the agency or organization, the Chairman of the People's Committee of communes, wards, towns (hereinafter referred to as commune level) present at the fire scene shall be responsible for directing and commanding firefighting efforts.
Article 38. Rights and responsibilities of the firefighting commander
1. The firefighting commander belonging to the Fire Prevention and Fighting Police Force shall have the following rights:
a) Immediately mobilize the forces and equipment of the fire prevention and fighting force to extinguish the fire;
b) Decide on the firefighting area, firefighting measures, and the use of nearby terrain and objects for firefighting;
c) Prohibit persons and vehicles not involved in firefighting from passing through the firefighting area; mobilize persons, vehicles, and assets of agencies, organizations, households, and individuals for firefighting;
d) Decide to demolish houses, constructions, obstacles, and move assets in emergency situations to rescue people, prevent large-scale fires, and avoid serious damage.
2. The firefighting commander who is the head of an agency or organization and the Chairman of the People's Committee at the commune level or higher may exercise the rights stipulated in Clause 1 of this Article within their management scope.
The firefighting commanders specified in Points a, b, c, and d of Clause 2 of Article 37 of this Law within their management scope may exercise the rights stipulated in Points a and b of Clause 1 of this Article.
3. Everyone must comply with the orders of the firefighting commander. The firefighting commander shall bear responsibility under the law for their decisions.
Article 39. Responsibilities for handling major fires and fires that may cause serious damage
1. The Chairman of the People's Committee at the commune level, the head of the agency or organization where the fire occurs, shall be responsible for directing and commanding firefighting efforts and ensuring conditions for firefighting services; if it exceeds their capacity, they shall promptly report to the Chairman of the People's Committee of the district, town, city, provincial-level town, the head of the superior managing agency for instructions to resolve; in cases of real necessity, they shall report to the Chairman of the People's Committee of the province, centrally-administered municipality, while also reporting to the Chairman of the People's Committee of the district, town, city, provincial-level town.
2. In cases exceeding the local capacity to resolve, upon the proposal of the Chairman of the People's Committee of the province, centrally-administered municipality, the Minister of Public Security shall be responsible for coordinating with relevant ministries, ministerial-level agencies, government-affiliated agencies, and the People's Committees of the province, centrally-administered municipality to direct resolution.
3. In particularly severe cases, the Minister of Public Security shall report to the Prime Minister for decision.
Article 40. Restoration of consequences of the fire
1. Restoration of the consequences of the fire includes the following actions:
a) Organizing immediate rescue of victims; providing assistance and support to those affected to stabilize their lives;
b) Implementing measures to ensure environmental hygiene and social public order;
c) Quickly restoring production, business, service activities, and other activities.
2. The Chairman of the People's Committee at the commune level or higher, the head of the agency or organization whose premises were burned shall be responsible for organizing the implementation of the provisions of Clause 1 of this Article.
Article 41. Protection of the scene and establishment of fire incident records
1. Police forces shall be responsible for organizing the protection and examination of the scene, investigating the fire; organizations, households, and individuals where the fire occurred shall be responsible for participating in protecting the fire scene and providing authentic information about the fire to competent state agencies.
2. Fire prevention and firefighting police shall be responsible for establishing fire incident records, evaluating the effectiveness of firefighting, participating in examining the scene, and determining the cause of the fire.
Article 42. Firefighting at diplomatic mission premises, consular offices, international organization representative offices, and residences of their members
1. When a fire occurs at diplomatic mission premises, consular offices, international organization representative offices, and residences of their members, those present there shall be responsible for quickly extinguishing the fire and preventing its spread to surrounding areas.
2. Vietnam's fire prevention and firefighting forces shall be responsible for quickly preventing the spread of fire outside diplomatic mission premises, consular offices, international organization representative offices, and residences of their members.
3. When Vietnam's fire prevention and firefighting forces enter diplomatic mission premises, consular offices, international organization representative offices, and residences of their members to extinguish fires, they must comply with the provisions of international treaties to which Vietnam is a party.
4. The Government shall specify the firefighting procedures for the objects stipulated in Clause 3 of this Article.
To enhance the effectiveness of state management and to raise the responsibility of the entire population for fire prevention and firefighting activities; to protect human lives and health, state assets, organizational and individual property, the environment, and to ensure national security and social public order.
PART IV
FIRE-FIGHTING ORGANIZATION
1. The "Labor Medal" second class shall be awarded or posthumously awarded to individuals meeting one of the following criteria:. Fire prevention and firefighting forces
Fire prevention and firefighting forces are the core forces in the national fire prevention and firefighting activities, including:
1. Citizen protection forces;
2. Basic fire prevention and fire fighting forces;
3. Specialized fire prevention and firefighting forces organized and operating in accordance with the law;
4. Fire prevention and firefighting police.
Article 44 |||. Establishment, management, and direction of neighborhood watch teams and grassroots fire prevention and firefighting teams
1. Neighborhood watch teams and grassroots fire prevention and firefighting teams shall be established, managed, and directed as follows:
a) In villages, hamlets, communes, and residential wards, neighborhood watch teams must be established. Neighborhood watch teams shall be established, managed, and directed by the Chairman of the People's Committee of the commune.
b) At facilities, grassroots fire prevention and firefighting teams must be established. Grassroots fire prevention and firefighting teams shall be established, managed, and directed by the heads of agencies and organizations.
2. Decisions on the establishment of neighborhood watch teams and grassroots fire prevention and firefighting teams must be notified in writing to local fire prevention and firefighting police agencies.
Article 45 |||. Tasks of neighborhood watch forces and grassroots fire prevention and firefighting teams
1. Proposing the issuance of regulations and internal rules on fire prevention and firefighting safety.
2. Organizing propaganda and dissemination of laws and knowledge on fire prevention and firefighting; building mass movements to participate in fire prevention and firefighting.
3. Inspecting and urging compliance with fire prevention and firefighting safety regulations and internal rules.
4. Organizing training and improving professional skills in fire prevention and firefighting.
5. Developing plans, preparing personnel and equipment, and performing firefighting tasks when a fire occurs; participating in firefighting at other localities and facilities upon request.
Article 46 |||. Training, improvement, direction, inspection, guidance, mobilization, and policies for neighborhood watch forces and grassroots fire prevention and firefighting teams
1. Neighborhood watch forces and grassroots fire prevention and firefighting teams shall be trained and improved professionally; subject to direction, inspection, and guidance on specialized and professional matters by fire prevention and firefighting police agencies; subject to mobilization by authorized authorities to participate in fire prevention and firefighting activities.
2. Neighborhood watch forces and grassroots fire prevention and firefighting teams shall enjoy benefits and policies during training and improvement of professional skills and when directly participating in firefighting in accordance with the Government's regulations.
Article 47 |||. Organization of fire prevention and firefighting police forces
1. Fire prevention and firefighting police forces are a part of the armed forces, organized uniformly from central to local levels under the management and direction of the Minister of Public Security.
2. The State shall build regular, efficient, and gradually modern fire prevention and firefighting police forces to meet the requirements of economic and social development.
3. The organizational structure of fire prevention and firefighting police forces shall be regulated by the Government.
Article 48. Functions and tasks of fire prevention and firefighting police forces
1. Advising competent state agencies to issue, direct, and implement legal provisions on fire prevention and firefighting.
2. Organizing propaganda and dissemination of laws; training and improving professional skills and knowledge on fire prevention and firefighting; guiding the construction of mass movements to participate in fire prevention and firefighting activities.
3. Implementing preventive measures and promptly extinguishing fires when they occur.
4. Building fire prevention and firefighting forces; equipping and managing firefighting equipment.
5. Organizing research and application of scientific and technological progress in the field of fire prevention and firefighting.
6. Inspecting and handling violations of fire prevention and firefighting laws.
Article 49. Uniforms, insignia, rank badges, and policies for fire prevention and firefighting police forces
1. Officers, non-commissioned officers, and soldiers belonging to fire prevention and firefighting police forces shall have uniforms, insignia, rank badges, and enjoy benefits and policies prescribed for the People's Police Force; they shall also enjoy allowances and other benefits as prescribed by the Government.
2. Workers and staff belonging to fire prevention and firefighting police forces shall enjoy benefits and policies similar to those for public security workers and staff.
Chapter V
FIRE PREVENTION AND FIREFIGHTING EQUIPMENT
Article 50. Equipping fire prevention and firefighting equipment for facilities, villages, hamlets, communes, residential wards, households, forests, and motor vehicles
1. Agencies, organizations, and individuals must equip fire prevention and firefighting equipment for facilities, forests, and motor vehicles within their management scope.
People's Committees at the commune level must equip fire prevention and firefighting equipment for neighborhood watch teams.
Organizations and individuals engaged in production, business, services, and state-owned forest managers, owners of non-state-owned motor vehicles must equip themselves with firefighting and rescue equipment.
2. Households must prepare conditions and equipment for firefighting and rescue.
3. The Ministry of Public Security shall specify and provide guidance on the conditions and equipping of firefighting and rescue equipment for the subjects specified in Clause 1 and Clause 2 of this Article.
Article 51. Equipping Fire Prevention and Firefighting Equipment for the Fire Prevention and Firefighting Police Force
The State shall equip fire-fighting forces with firefighting equipment and other necessary means to ensure synchronization, modernization step by step, and meet the requirements of firefighting and rescuing people in all situations.
Article 52. Management and use of firefighting and rescue equipment
1. Firefighting and rescue equipment of agencies, organizations, households, and individuals must be managed and used to ensure readiness for firefighting.
2. Mechanical firefighting equipment, in addition to firefighting, may only be used to serve security and social order requirements and in special cases as prescribed by the Government.
Article 53. Production and import of firefighting and rescue equipment
1. Firefighting and rescue equipment produced domestically or imported must meet quality standards and be suitable for Vietnamese conditions.
2. Organizations and individuals engaged in the production and business of firefighting and rescue equipment must have adequate material and technical conditions as prescribed by the competent state management agency for firefighting and rescue.
Chapter VI
INVESTMENT FOR FIRE PREVENTION AND FIGHTING ACTIVITIES
Article 54. Financial sources for firefighting and rescue activities
1. Financial sources for firefighting and rescue activities include:
a) State budget;
b) Revenue from fire and explosion insurance;
c) Voluntary contributions and sponsorships from domestic agencies, organizations, individuals, foreign organizations and individuals, and other revenues as prescribed by law.
2. The Government shall specify details regarding revenue, collection rates, management, and use of financial resources for firefighting and rescue activities.
Article 55. State budget investment for firefighting and rescue activities
1. The State ensures the necessary annual budget for investment in firefighting and rescue activities.
2. The State allocates the firefighting and rescue activity budget to the Fire Prevention and Fighting Police force, administrative and service units, armed forces, and other units benefiting from the state budget.
3. Subjects not covered by Clause 2 of this Article must self-fund firefighting and rescue activities.
Article 56. ENCOURAGING INVESTMENT IN FIRE PREVENTION AND FIGHTING ACTIVITIES
1. The State encourages domestic agencies, organizations, individuals, overseas Vietnamese, foreign organizations and individuals, and international organizations to invest and sponsor firefighting and rescue activities.
2. The State provides tax incentives for the production, assembly, and export of firefighting and rescue equipment.
Chapter VII
STATE MANAGEMENT OF FIRE PREVENTION AND FIGHTING
Article 57. Contents of state management of fire prevention and fighting
1. Developing and directing the implementation of strategies, plans, and programs for fire prevention and fighting.
2. Issuing, guiding, and organizing the implementation of legal regulations on fire prevention and fighting.
3. Propaganda, education on laws and knowledge about fire prevention and fighting.
4. Organizing and directing fire prevention and fighting activities.
5. Training, building forces, equipping, and managing fire prevention and fighting equipment.
6. Ensuring the budget for fire prevention and fighting activities; organizing fire and explosion insurance linked to fire prevention and fighting activities.
7. Appraising, approving projects, designs, and inspecting construction works related to fire prevention and fighting; testing and certifying safety of equipment; confirming fire prevention and fighting safety conditions.
8. Organizing research, application, and dissemination of scientific and technological advancements in fire prevention and fighting.
9. Inspecting, supervising, handling violations, resolving complaints and denunciations related to fire prevention and fighting; investigating fires.
10. Organizing national statistics on fire prevention and fighting.
11. International cooperation in fire prevention and fighting.
Article 58. State management agencies for fire prevention and fighting
1. The Government uniformly manages state affairs concerning fire prevention and fighting.
2. The Ministry of Public Security is responsible before the Government for implementing state management of fire prevention and fighting.
3. Ministries, ministerial-level agencies, and government agencies within their respective duties and authorities shall cooperate with the Ministry of Public Security to organize the implementation of fire prevention and fighting regulations.
The Government shall stipulate the coordination between the Ministry of Public Security and the Ministry of National Defense in organizing fire prevention and fighting at defense facilities and between the Ministry of Public Security and the Ministry of Agriculture and Rural Development in organizing forest fire prevention and fighting.
4. People's Committees at all levels within their respective duties and authorities shall be responsible for implementing state management of fire prevention and fighting at local levels.
Article 59. Fire prevention and fighting inspection
1. Fire prevention and fighting inspection is specialized inspection.
2. Fire prevention and fighting inspectors have the following tasks and powers:
a) Organizing inspections of compliance with legal regulations on fire prevention and fighting;
b) Requesting inspected entities to provide relevant documents and answer questions necessary for the inspection;
c) Handling violations of fire prevention and fighting laws within their authority.
3. Inspection teams and inspectors must bear responsibility under the law for their decisions.
4. The Government shall specify the organization and operation of fire prevention and fighting inspection.
Article 60. Rights and obligations of inspected entities
1. Inspected entities have the following rights:
a) Requesting inspection teams to present inspection decisions, inspectors to present inspection badges, and ensuring compliance with inspection laws;
b) Complaining, denouncing, or initiating litigation with competent state authorities regarding inspection decisions, inspector actions, and inspection conclusions if there is evidence that they are contrary to the law;
c) Requesting compensation for damages caused by improper enforcement measures taken by inspection teams or inspectors.
2. The inspected subject shall be obliged to comply with the inspection team's and inspector's requests; create conditions for the inspection team and inspector to perform their tasks; and enforce decisions made by the inspection team and inspector in accordance with the law.
Article 61. Right to appeal, report, and file a lawsuit
1. Organizations, institutions, and individuals have the right to appeal and file a lawsuit against decisions or measures taken by the inspection team and inspector in accordance with the law.
2. Individuals have the right to report to competent state agencies on violations of fire prevention and fighting laws.
3. Agencies receiving appeals, reports, and lawsuits shall be responsible for examining and resolving them promptly in accordance with the law.
Chapter VIII
REWARD AND VIOLATION HANDLING
Article 62. Awards
Organizations, institutions, households, and individuals who achieve outstanding results in fire prevention and fighting activities shall be rewarded in accordance with the law.
1. The subjects eligible for the award of the title "People's Doctor" and "Outstanding Doctor" include doctors, pharmacists, medical technicians, traditional medicine practitioners engaged in medical treatment, pharmaceutical production, medical research, disease prevention, epidemic control, and health management officials.. Handling Violations
1. Any person violating the provisions of this Law shall, depending on the nature and severity of the violation, be subject to administrative sanctions or criminal prosecution; if damage is caused, compensation must be provided in accordance with the law.
2. Any person who abuses their position or authority in fire prevention and fighting activities to harm the interests of the State, the legitimate rights and interests of organizations and individuals shall, depending on the nature and severity of the violation, be subject to disciplinary action or criminal prosecution; if damage is caused, compensation must be provided in accordance with the law.
3. The head of an organization or institution who fails to fulfill their responsibilities in organizing, managing, and supervising the implementation of fire prevention and fighting activities, thereby causing a fire, shall, depending on the nature and severity of the damage, be subject to disciplinary action or criminal prosecution in accordance with the law.
The head of a fire prevention and fighting unit who fails to fulfill their responsibilities in performing firefighting duties, thereby causing serious consequences, shall, depending on the nature and severity of the violation, be subject to disciplinary action or criminal prosecution in accordance with the law.
CHAPTER IX
IMPLEMENTING PROVISIONS
Article 64. Effectiveness
This Law shall take effect from October 4, 2001.
All previous provisions that are contrary to this Law are hereby abolished.
Article 65. Implementation guidance
The Government shall promulgate detailed regulations and provide guidance on the implementation of this Law.
This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, tenth session, ninth meeting, on June 29, 2001./.
Tải văn bản
Văn bản này đang được cập nhật văn bản gốc, vui lòng xem nội dung toàn văn và kiểm tra lại sau.
Bản đồ quan hệ
Bấm vào một văn bản để mở. Viền đỏ = quan hệ làm thay đổi hiệu lực.
Bản dịch
Văn bản này có sẵn ở các ngôn ngữ sau: