Law Amending and Supplementing Certain Articles of the Fire Prevention and Combating Law No. 40/2013/QH13

LAW

Amending and Supplementing Certain Articles of the Law on Fire Prevention and Fighting

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On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly enacts the Law Amending and Supplementing Certain Articles of the Fire Prevention and Combating Law No. 27/2001/QH10.

Article 1.

Amending and supplementing certain articles of the Fire Prevention and Combating Law:

1. Clause 3 and Clause 6 of Article 3 are amended and supplemented as follows:

“3. Cơ sở vật chất (nhà cửa, cơ sở hạ tầng) bảo đảm cho việc liên doanh, liên kết is a place of production, business, public works, office premises, residential buildings, and other independent structures according to the list prescribed by the Government.”

“6. Fire Prevention and Combating Team at the Base is an organization consisting of individuals assigned fire prevention and combating tasks at the base, operating under a specialized or non-specialized regime.”

2. Amending and supplementing Clause 3; supplementing Clause 3a and Clause 3b after Clause 3 of Article 5 as follows:

“3. The head of an agency or organization within their scope of duties and authority shall be responsible for:

a) Organizing the dissemination and popularization of knowledge on fire prevention and combating; fostering a mass movement to participate in fire prevention and combating; establishing and maintaining the operation of a fire prevention and combating team in accordance with the law;

b) Issuing internal regulations and measures on fire prevention and combating within their authority;

c) Implementing, inspecting, and supervising compliance with regulations on fire prevention and combating;

d) Ensuring funding for fire prevention and combating activities, using fire prevention and combating funds for their intended purposes; equipping and maintaining the operation of fire prevention and combating equipment and means; preparing conditions to serve firefighting; organizing and practicing firefighting plans; ensuring conditions to serve training in fire prevention and combating skills; organizing firefighting and mitigating consequences caused by fires;

đ) Performing other tasks related to fire prevention and combating as stipulated by law.

3a. The household head shall be responsible for:

a) Urging and reminding members of the family to comply with laws on fire prevention and combating;

b) Regularly checking to detect and promptly eliminate fire and explosion risks;

c) Cooperating with agencies, organizations, and other households to ensure safe conditions for fire prevention and combating; strictly managing and safely using flammable and explosive materials.

3b. Individuals shall be responsible for:

a) Complying with regulations, internal rules, and requirements on fire prevention and combating issued by persons or authorities having jurisdiction;

b) Adhering to the law and mastering necessary knowledge about fire prevention and combating; knowing how to use common fire prevention and combating equipment and means;

c) Ensuring safety in fire prevention and combating during the use of sources of fire, heat, ignition devices, and heat-producing devices, and in the storage and use of combustible materials;

d) Preventing direct fire hazards and violations of fire safety regulations;

đ) Fulfilling other provisions related to individual responsibilities as stipulated in this Law.”

3. Amending and supplementing Clause 2; supplementing Clause 2a after Clause 2 of Article 6 as follows:

“2. Agencies, organizations, and households shall be responsible for organizing and implementing the dissemination and popularization of knowledge and skills on fire prevention and combating.

2a. State management agencies in education and training within their scope of duties and authority shall be responsible for prescribing the integration of knowledge and skills on fire prevention and combating into teaching programs and extracurricular activities in schools and other educational institutions suitable to each field and level of education.”

4. Article 8 is amended and supplemented as follows:

"Article 8. Issuing and Applying Technical Standards and Regulations on Fire Prevention and Combating

1. Activities on fire prevention and combating must comply with national technical standards.

2. State agencies with authority shall issue technical standards after coordinating with the Ministry of Public Security regarding fire prevention and combating regulations.

3. Agencies and organizations with authority shall develop and publish national standards and basic standards on fire prevention and combating after coordinating with the Ministry of Public Security.

4. Applying Vietnamese standards on fire prevention and combating:

a) National standards on fire prevention and combating shall be mandatorily applied;

b) Standards on fire prevention and combating must be consistent with national technical standards on fire prevention and combating;

c) Ensuring the consistency and feasibility of the applied standard system.

5. Foreign standards and international standards on fire prevention and combating shall be applied in Vietnam in the following cases:

a) Foreign standards and international standards that are provided for in international treaties to which Vietnam is a party;

b) Foreign standards and international standards that have higher safety requirements for fire prevention and combating than Vietnamese standards or are suitable to Vietnam's practical needs and are approved in writing by the Ministry of Public Security.

6. For fire prevention and combating requirements that do not have standards or technical regulations, they shall be implemented in accordance with the guidance of state management agencies with authority over fire prevention and combating.”

5. Amend and supplement Article 9 as follows:

"Article 9. Fire and Explosion Insurance

The State encourages agencies, organizations, and individuals to participate in fire and explosion insurance. Premises with fire and explosion risks must compulsorily insure against fire and explosion for their assets.

The Government shall prescribe and announce the list of premises with fire and explosion risks; conditions and insurance premiums for fire and explosion insurance; minimum insurance amount.”

6. Supplement Article 9a after Article 9 as follows:

"Article 9a. Operating Fire Prevention and Combating Services

1. Operating fire prevention and combating services is a conditional business sector, including:

a) Consulting on design, review, supervision; technical inspection and testing; construction and installation of fire prevention and combating systems; consulting on technology transfer for fire prevention and combating; manufacturing and assembling fire prevention and combating equipment and means;

b) Training and guiding on fire prevention and combating skills;

c) Trading fire prevention and combating equipment, means, and materials.

2. Operating fire prevention and combating services must meet the following conditions:

a) The head of the enterprise and the legal representative of the fire prevention and combating service business must have appropriate certificates and diplomas for the business activity;

b) Having material bases, means, equipment, and conditions to ensure business operations.

3. The Government shall provide detailed regulations on this matter.”

7. Article 10 shall be amended and supplemented as follows:

"Article 10. Benefits and Policies for Firefighters

Participants in firefighting shall be entitled to material allowances; in cases where they die, are injured, suffer health damage, or sustain property losses, they shall be entitled to benefits and policies as prescribed by law.

8. Amend and supplement Clauses 3, 5, 6, 7, and 8; add Clause 4a following Clause 4 and add Clause 5a following Clause 5 of Article 13 as follows:

“3. Exploiting fire prevention and firefighting to infringe upon human lives and health; violating state assets, agencies, organizations, and individuals' properties.”

“4a. Failing to report a fire when conditions permit; delaying the reporting of a fire.

5. Producing, storing, transporting, using, or trading in hazardous substances related to fire and explosion without authorization.

5a. Bringing flammable and explosive goods into crowded places illegally.

6. Commencing construction on projects with fire and explosion risks, high-rise buildings, or commercial centers without approved fire prevention and firefighting designs; accepting and putting into operation such projects with fire and explosion risks, high-rise buildings, or commercial centers before meeting safety requirements for fire prevention and firefighting.

7. Seizing, destroying, damaging, arbitrarily changing, moving, or obscuring fire prevention and firefighting equipment, signs, and directions; obstructing escape routes.

8. Other acts that violate laws on fire prevention and firefighting.”

9. Clause 2 of Article 17 shall be amended and supplemented as follows:

“2. Villages must have regulations and internal rules regarding fire prevention and firefighting, electricity usage, fire usage, and flammable and explosive materials; based on specific conditions, they must develop fire prevention measures; they must have plans, forces, equipment, traffic routes, and water sources for fire prevention and firefighting.”

10. Clause 2 of Article 18 is amended and supplemented as follows:

“2. Specialized motor vehicles requiring particular safety guarantees for fire prevention and firefighting can only obtain technical inspection certificates and environmental protection certificates from inspection authorities after their designs have been approved and they have passed fire prevention and firefighting inspections.”

The Government shall specify types of specialized motor vehicles requiring particular safety guarantees for fire prevention and firefighting.

11. Add Clause 1a following Clause 1; amend and supplement Clauses 2 and 4 of Article 19 as follows:

“1a. All levels of People's Committees and forest owners must implement appropriate fire prevention measures according to the level of forest fire risk warning.

2. When planning or developing forest projects, fire prevention and firefighting solutions must be included for each type of forest.”

“4. Organizations, entities, households, and individuals operating within or adjacent to forests must comply with laws on fire prevention and firefighting.”

12. Article 21 is amended and supplemented as follows:

“Article 21. Fire Prevention in Industrial Zones, Export Processing Zones, and High-Tech Parks

1. Industrial zones, export processing zones, and high-tech parks must have fire prevention and firefighting plans for the entire area; construct and maintain infrastructure systems for fire prevention and firefighting; organize forces and equipment suitable for fire prevention and firefighting plans.

2. Enterprises operating within industrial zones, export processing zones, and high-tech parks must have fire prevention and firefighting plans for their own premises; they must establish fire prevention and firefighting teams.”

3. The Government shall provide detailed regulations on this matter.”

13. Amend and supplement the name of Article 22 and the contents of Clauses 2, 3, and 4 of Article 22 as follows:

“Article 22. Fire Prevention in the Extraction, Processing, Production, Transportation, Trading, Usage, and Storage of Petroleum Products, Natural Gas, Hazardous Chemicals, and Other Flammable and Explosive Goods”

“2. Oil storage facilities, transportation systems for petroleum products, natural gas, and hazardous chemicals, and processing plants for these materials must have systems to detect and handle dangerous flammable and explosive gases; preventive measures against tank ruptures, equipment failures, and pipeline leaks must be implemented.

3. Businesses dealing with petroleum products, natural gas, and hazardous chemicals must ensure fire safety for adjacent structures. The export, import, and transportation of these products must comply with fire safety regulations.

4. Organizations and individuals engaged in production, business, services, supply, and transportation of flammable and explosive goods must ensure all necessary fire safety conditions; product labels must include technical specifications, and there must be Vietnamese-language fire safety instructions.”

14. Article 23 shall be amended and supplemented as follows:

“Article 23. Fire Prevention in High-Rise Buildings, Waterfront Structures, Underground Structures, Tunnels, Mining Shafts, and Steel Frame Roofs

1. High-rise buildings must have measures to prevent fire spread, smoke accumulation, and smoke transmission; ensure safe evacuation conditions to save people and property during fires; install automatic fire detection systems, firefighting equipment, and use non-flammable building materials; do not use flammable interior decoration materials, soundproofing, or thermal insulation materials.

2. Waterfront structures with fire and explosion risks must have measures to prevent fire spread and self-firefighting forces and equipment.

3. Underground structures, tunnels, and mining shafts must be equipped with tools to detect and handle flammable and toxic gases; ventilation systems, fire spread prevention measures, and safe evacuation conditions must be provided; rescue forces and firefighting equipment must be deployed.

4. Large steel frame roof buildings used for production and storage of flammable and explosive goods must have measures to prevent fire spread and minimize collapse risks during fires.”

15. Clause 1 of Article 24 shall be amended and supplemented as follows:

“1. At power plants and power grids, measures must be taken to proactively address incidents causing fires.”

16. Add Article 24a following Article 24 as follows:

“Article 24a. Fire Prevention at Nuclear Facilities

1. Fire prevention work at nuclear facilities must meet the following requirements:

a) Having fire prevention and firefighting systems that comply with safety standards for fire prevention and firefighting at nuclear facilities;

b) Persons working at nuclear facilities must be trained and provided with professional development on fire prevention and firefighting in accordance with the nature of their work;

c) Specialized firefighting teams must be equipped in accordance with the specific characteristics of each facility;

d) Other conditions to ensure safety in fire prevention and firefighting.

2. The Government shall specify the detailed regulations on the construction and practice of firefighting plans for nuclear facilities.

17. Clause 1 of Article 25 is amended and supplemented as follows:

“1. At markets and shopping centers, the electrical system serving business operations must be separated from the electrical system for protection and firefighting; business households and goods categories must be arranged to meet fire safety requirements; evacuation routes must comply with regulations and evacuation and clearance plans when a fire occurs; appropriate fire alarm systems, firefighting equipment, and measures to prevent fire spread must be installed according to the scale and nature of activities. Business households dealing with flammable and explosive goods must equip themselves with firefighting tools and means on-site.”

18. Article 26 is amended and supplemented as follows:

“Article 26. Fire Prevention at Airports, Seaports, Inland Waterway Ports, Railway Stations, Bus Terminals

At airports, seaports, inland waterway ports, railway stations, and bus terminals, firefighting and rescue equipment must be provided in accordance with fire safety standards and regulations; evacuation and clearance plans for vehicles and materials when a fire occurs must be established.”

19. Add Article 27a after Article 27 as follows:

“Article 27a. Fire and Explosion Prevention at Production Facilities, Ammunition Warehouses, Explosive Materials, and Support Tools

Production facilities, ammunition warehouses, explosive material storage areas, and support tool facilities must ensure safety in fire and explosion prevention; they must have safety zones and maintain safe distances from residential areas and nearby structures.”

20. Article 31 is amended and supplemented as follows:

“Article 31. Construction and Practice of Firefighting Plans

1. The Chairman of the People's Committee of Communes, heads of facilities, forest owners, and owners of special-purpose motor vehicles within their management scope are responsible for organizing the construction of firefighting plans using local forces and means for villages, facilities, forests, and motor vehicles.

2. The Chairman of the People's Committee of Communes, heads of facilities, and community leaders in high-risk areas for fires and explosions are responsible for coordinating with fire prevention and firefighting police agencies to develop and practice firefighting plans for the facilities and communities under their management in accordance with guidelines issued by the Ministry of Public Security.

3. Fire prevention and firefighting police agencies are responsible for developing firefighting plans for high-risk facilities and communities that require mobilization of firefighting forces and means from fire prevention and firefighting police agencies, other organizations, and localities.

4. Firefighting plans must be approved by competent authorities. All forces and means included in the plan must fully participate in drills when mobilized.

5. The Minister of Public Security shall stipulate criteria for high-risk facilities and communities for fires and explosions, approval authority, and drill deadlines.”

21. Article 32 is amended and supplemented as follows:

“Article 32. Fire Alarm and Firefighting Information

Fire alarms can be given through signals or telephone calls.

The nationwide unified emergency fire number is 114. Communication means must be prioritized for fire alarms and firefighting.”

22. Add Clause 4a after Clause 4 of Article 33 as follows:

“4a. Local People's Committees adjacent to each other must establish cooperation plans and organize forces to participate in firefighting upon request.”

23. Clause 1 of Article 37 is amended and supplemented as follows:

“1. When a fire occurs, the highest-ranking officer of the fire prevention and firefighting police unit present at the scene shall be in charge of firefighting.”

24. Clause 3 of Article 43 is amended and supplemented as follows:

“3. Specialized firefighting forces;”

25. Article 44 is amended and supplemented as follows:

“Article 44. Establishment and Management of Civil Defense Teams, Facility Firefighting Teams, and Specialized Firefighting Teams

1. Civil defense teams must be established in villages. Civil defense teams are established and managed by the Chairman of the People's Committee of Communes.

2. Facility firefighting teams must be established in facilities. Facility firefighting teams are established and managed by the heads of agencies and organizations.

3. Specialized firefighting teams are facility firefighting teams organized to meet the special operational requirements of facilities and are established and managed by the heads of agencies and organizations.

Specialized firefighting teams must be established in the following facilities:

a) Nuclear facilities;

b) Airports, seaports;

c) Oil extraction and processing facilities, natural gas facilities;

d) Coal mining facilities;

đ) Production facilities, ammunition warehouses, explosive material storage areas;

e) Other facilities as specified by the Minister of Public Security.

4. Decisions to establish civil defense teams, facility firefighting teams, and specialized firefighting teams must be sent to the fire prevention and firefighting police agency managing the area.”

26. Article 46 is amended and supplemented as follows:

“Article 46. Training, Development, Command, Inspection, Guidance, Mobilization, and Benefits for Civil Defense Forces, Facility Firefighting Teams, and Specialized Firefighting Teams

1. Civil defense forces, facility firefighting teams, and specialized firefighting teams must be trained and developed in firefighting skills; they must be subject to command, inspection, and guidance on professional matters by fire prevention and firefighting police agencies; they must be mobilized by competent authorities to participate in firefighting activities.

2. Civil defense forces, facility firefighting teams, and specialized firefighting teams are entitled to benefits during training and development and when directly engaged in firefighting.

3. Non-professional team leaders and deputy team leaders of civil defense teams and facility firefighting teams are entitled to regular support allowances.

4. The Government shall provide detailed regulations for Clauses 2 and 3 of this Article.”

27. Add Article 46a after Article 46 as follows:

“Article 46a. Volunteer Firefighting”

1. The People's Committee at the commune level, the head of the facility, and the Fire Prevention and Fighting Police have the responsibility to create conditions and encourage organizations and individuals to voluntarily participate in fire prevention and fighting.

2. Individuals who voluntarily participate in fire prevention and fighting shall be supplemented into the civilian defense team or the fire prevention and fighting team at the facility.

28. Clause 1 of Article 47 is amended and supplemented as follows:

“1. The Fire Prevention and Fighting Police belongs to the People's Public Security, is a part of the armed forces, and is organized and managed uniformly from the central to local levels.”

29. Article 48 is amended and supplemented as follows:

“Article 48. Functions and tasks of the Fire Prevention and Fighting Police force

1. Within the scope of assigned duties and powers, advise and propose to competent state agencies to promulgate, direct, and organize the implementation of laws on fire prevention and fighting.

2. Organize propaganda and dissemination of laws; guide the construction of mass movements participating in fire prevention and fighting activities; train and enhance knowledge and skills in fire prevention and fighting.

3. Implement preventive measures; review, approve design and inspect completion regarding fire prevention and fighting; extinguish fires promptly and effectively.

4. Build fire prevention and fighting forces; equip and manage firefighting equipment and facilities.

5. Organize research and application of scientific and technological progress in the field of fire prevention and fighting; inspect, test technical standards and certify compliance for firefighting equipment, facilities, and goods with strict requirements for fire prevention and fighting as prescribed.

6. Inspect, audit, handle violations of laws on fire prevention and fighting; issue permits for transporting dangerous goods concerning fire and explosion according to regulations.

7. Carry out certain investigative activities as stipulated by laws on criminal investigation organization.

8. Perform other tasks as prescribed by law.”

30. Clause 2 of Article 55 is amended and supplemented as follows:

“2. The State allocates the budget for fire prevention and fighting activities to the Fire Prevention and Fighting Police force, state agencies, public service units, armed forces, and other units benefiting from the state budget.

In the annual national defense and security expenditure plan of People's Committees at all levels, there must be content ensuring fire prevention and fighting work.”

31. Clause 2 of Article 56 is amended and supplemented as follows:

“2. The State has preferential tax policies for organizations and individuals producing and assembling firefighting equipment.”

32. Clause 3 and Clause 7 of Article 57 are amended and supplemented as follows:

“3. Propaganda, education, and dissemination of knowledge on fire prevention and fighting; build mass movements participating in fire prevention and fighting.”

“7. Review, approve projects, designs, and inspect completion of construction works concerning fire prevention and fighting; inspect, test technical standards and certify compliance for firefighting equipment, facilities, substances, and goods with strict requirements for fire prevention and fighting.”

33. Add Article 63a after Article 63 as follows:

“Article 63a. Handling of facilities not meeting fire prevention and fighting requirements put into use before the Law on Fire Prevention and Fighting No. 27/2001/QH10 took effect

The People's Councils of provinces and centrally governed cities shall specify the handling of facilities within their jurisdiction that were put into use before the Law on Fire Prevention and Fighting No. 27/2001/QH10 took effect and do not meet fire prevention and fighting requirements. For warehouses storing and processing hazardous oil, gas, and chemical products in residential areas or places with many people, plans for relocation and ensuring safe distances must be established.”

Article 2.

1. Repeal Clause 9 of Article 3.

2. Remove the phrase "village, hamlet, neighborhood" in Clause 1 of Article 31, Point b of Clause 2 of Article 37, and the name of Article 50; remove the phrase "village head, hamlet head, neighborhood head" in Point b of Clause 2 of Article 37; remove the phrase "village head, hamlet head" in Point d of Clause 2 of Article 37 of the Law on Fire Prevention and Fighting No. 27/2001/QH10.

Article 3.

1. This Law takes effect from July 1, 2014.

2. The Government shall provide detailed regulations for the provisions assigned in this Law.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the XIIth session, sixth meeting, on November 22, 2013./.