Circular No. 38/2025/TT-BCA on implementing democracy in fire prevention, firefighting, rescue operations of the People's Public Security Forces

CIRCULAR

Regulations on the implementation of democracy in fire prevention, firefighting, rescue operations of the People's Public Security Forces

Law on Fire Prevention, Firefighting, and Rescue Operations dated November 29, 2024;

Pursuant to the Law on Implementing Democracy at the Grassroots Level dated November 10, 2022;

On the basis of Law on the People's Public Security dated November 20, 2018; Law Amending and Supplementing Certain Provisions of the Law on the People's Public Security dated June 22, 2023;

On the basis of Pursuant to Decree No. 59/2023/NĐ-CP dated August 14, 2023 of the Government detailing certain provisions of the Law on Implementing Democracy at the Grassroots Level;

The Minister of Public Security issues this Circular on the implementation of democracy in fire prevention, firefighting, and rescue operations of the People's Public Security Forces.

BASED ON DECREE NO. 02/2025/ND-CP DATED FEBRUARY 18, 2025 OF THE GOVERNMENT ON FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF PUBLIC SECURITY;

Pursuant to Decree No. 105/2025/NĐ-CP dated May 15, 2025 of the Government detailing certain provisions and measures to implement the Law on Fire Prevention, Firefighting, and Rescue;

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

This Circular stipulates the purpose, principles, and contents of implementing democracy in the relationship and handling of matters between the Fire Prevention, Firefighting, and Rescue Police and other units of the Public Security assigned tasks related to fire prevention, firefighting, and rescue operations with relevant agencies, organizations, and individuals.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 2. Purpose of Implementing Democracy in Fire Prevention, Firefighting, and Rescue Operations

1. Ensuring the rights and legitimate interests of agencies, organizations, and individuals; promoting the people's right to self-management; mobilizing agencies, organizations, households, and individuals to actively participate in fire prevention, firefighting, and rescue operations according to the principle: "people know, people discuss, people act, people inspect, people supervise, people benefit" as prescribed by law.

2. Contributing to building a regular, competent, modern People's Public Security Force capable of meeting requirements for fire prevention, firefighting, and rescue operations in all situations; preventing acts of arbitrariness, corruption, harassment, and infringement upon the legitimate rights and interests of agencies, organizations, households, and individuals.

Article 3. Principles of Implementing Democracy in Fire Prevention, Firefighting, and Rescue Operations

1. Adhering to the Constitution, laws, and regulations of the Ministry of Public Security regarding fire prevention, firefighting, and rescue operations.

2. Policies and regulations concerning fire prevention, firefighting, and rescue operations shall be transparently publicized and implemented strictly in accordance with legal procedures.

3. Strictly dealing with any actions that exploit the implementation of democracy to obstruct the lawful enforcement activities of local public security units, Fire Prevention, Firefighting, and Rescue Police, agencies, organizations, and individuals engaged in fire prevention, firefighting, and rescue operations; exploiting or misusing tasks related to fire prevention, firefighting, and rescue operations to commit illegal acts and infringe upon the interests of the State and the legitimate rights and interests of agencies, organizations, and individuals.

Article 4. Contents of Transparency in Fire Prevention, Firefighting, and Rescue Operations of the Fire Prevention, Firefighting, and Rescue Police and Other Units of the Public Security Assigned Tasks Related to Fire Prevention, Firefighting, and Rescue Operations

Chapter II
SPECIFIC PROVISIONS

1. Rules for receiving citizens, schedules for receiving citizens to handle procedures, diagrams or signs indicating locations for handling procedures.

2. Names and telephone numbers (if available) of each department, names, ranks, and positions of officers assigned to receive citizens to handle procedures related to fire prevention, firefighting, and rescue operations; emergency hotline number.

3. Responsibilities and obligations of citizens when handling procedures related to fire prevention, firefighting, and rescue operations.

4. Types of fees and charges as prescribed.

5. Guidelines for calling the emergency number 114.

6. List of administrative procedures, regulations, files, forms, procedures, authorities, deadlines for handling each type of procedure related to fire prevention, firefighting, and rescue operations:

a) Procedure for reviewing design plans for fire prevention and firefighting for investment projects for construction works and transportation means;

b) Procedure for inspecting completion work for fire prevention and firefighting for investment projects for construction works and transportation means;

c) Procedure for issuing Certificates of Inspection for fire prevention, firefighting, and rescue equipment;

d) Procedure for granting permits for the circulation of fire prevention, firefighting, and rescue equipment.

7. Results of complaints, reports, reflections, and suggestions from agencies, organizations, and individuals.

8. Other contents as prescribed by law.

8. Other contents as prescribed by law.

Article 5. Forms of Public Disclosure

1. Posting at the location for receiving citizens' visits of the Fire Prevention, Firefighting, and Rescue Police and other public security units assigned to perform fire prevention, firefighting, and rescue tasks.

2. Direct information through citizens' visits.

3. Announcing at meetings of the people, agencies, organizations, and establishments.

4. Announcing on mass media.

5. Announcing on the electronic information page of the Fire Prevention, Firefighting, and Rescue Police Bureau and the electronic information page of the provincial or centrally-administered city police (if applicable).

6. Other appropriate forms in accordance with the provisions of the law.

Article 6. Content of Citizens' Participation in Opinions on Fire Prevention, Firefighting, and Rescue Work

1. Measures to implement legal regulations on fire prevention, firefighting, and rescue.

2. Plans, schemes, and measures to ensure safety in fire prevention, firefighting, and rescue at places of residence and work.

3. The establishment and operational methods of mass organizations participating in fire prevention, firefighting, and rescue work.

4. Proposals for commendation and rewards for agencies, organizations, and individuals with achievements in fire prevention, firefighting, and rescue work; recommendations for handling cases violating fire prevention, firefighting, and rescue regulations.

5. Participation in opinions on draft normative legal documents on fire prevention, firefighting, and rescue (for documents that must seek opinions from agencies, organizations, and individuals according to the law).

Article 7. Forms of Citizens' Participation in Opinions

1. Through letters and petitions sent to the Fire Prevention, Firefighting, and Rescue Police Agency; agencies assigned to perform fire prevention, firefighting, and rescue tasks.

2. Through telephone and suggestion boxes.

3. Through the Electronic Information Portal; the electronic information page of the Fire Prevention, Firefighting, and Rescue Police Bureau and the electronic information page of the provincial or centrally-administered city police (if applicable); social media accounts and applications on electronic devices established and managed by the police agency.

4. Through meetings held in residential areas; workplaces, and educational institutions.

5. Through sociological surveys.

6. Through the citizens' reception activities of the police agency.

Article 8. Content of Supervision by Agencies, Organizations, and Individuals in Fire Prevention, Firefighting, and Rescue Work

1. Handling of administrative procedures related to fire prevention, firefighting, and rescue by the police agency; other tasks related to fire prevention, firefighting, and rescue as prescribed by law.

2. Compliance with the Regulations of the People's Public Security Force; conduct, attitude, and working style of local public security units, fire prevention, firefighting, and rescue police.

3. Supervision by agencies, organizations, and individuals of the People's Public Security Force in implementing the provisions of Clause 1 and Clause 2 of this Article must be objective, truthful, in compliance with the law, and shall not obstruct or affect the performance of duties by officers and soldiers.

Article 9. Forms of Supervision by Agencies, Organizations, and Individuals in Fire Prevention, Firefighting, and Rescue Work

1. Through publicly disclosed information of the People's Public Security Force and feedback through mass media.

2. Through supervisory subjects as prescribed by law.

3. Through direct contact and resolution of matters with officers and soldiers.

4. Through the results of resolving cases, letters, complaints, reports, and proposals.

5. Through direct observation but must meet the following conditions:

a) Not affecting the normal operation of officers and soldiers while performing their duties.

b) Outside the firefighting area and rescue area (for locations where firefighting and rescue operations are being carried out).

c) Complying with other relevant legal provisions.

Article 10. Responsibilities of Fire Prevention, Firefighting, Rescue, and Emergency Services Police

1. Develop plans to publicly disclose contents as prescribed in Article 4 of this Circular, specifying the information to be disclosed, the form of disclosure, the time and duration of disclosure, and the responsibility for organizing its implementation.

2. Receive, compile opinions and feedback from agencies, organizations, and individuals regarding fire prevention, firefighting, rescue, and emergency services; study, adopt, and respond to the opinions and suggestions of agencies, organizations, and individuals within their jurisdiction or report to the competent authority for decision-making.

3. Receive, process, and resolve complaints, reports, proposals, and reflections from agencies, organizations, and individuals concerning fire prevention, firefighting, rescue, and emergency services in accordance with the law.

Chapter III
IMPLEMENTATION

Article 11. Effective Date

This Circular takes effect from July 1, 2025, and replaces Circular No. 18/2020/TT-BCA dated February 20, 2020, issued by the Minister of Public Security on implementing democracy in fire prevention, firefighting, and rescue operations by the People's Public Security Forces.

Article 12. Responsibility for Implementation

1. Heads of units under the Ministry, Provincial Police Chiefs, and central city police chiefs, and related agencies, organizations, and individuals are responsible for organizing the implementation of this Circular. They shall periodically review and summarize the implementation of this Circular annually or upon request from the Ministry of Public Security, and submit written reports to the Ministry of Public Security (through the Fire Prevention, Firefighting, Rescue, and Emergency Services Police Bureau) for consolidation and reporting to the leadership of the Ministry of Public Security.

2. The Director of the Fire Prevention, Firefighting, Rescue, and Emergency Services Police Bureau is responsible for directing, inspecting, and urging the implementation of this Circular.

During the implementation process, if difficulties or obstacles arise, local public security organs, related agencies, organizations, and individuals shall reflect these issues to the Ministry of Public Security (through the Fire Prevention, Firefighting, Rescue, and Emergency Services Police Bureau) for consolidation and reporting to the leadership of the Ministry of Public Security for consideration and resolution./.