Circular No. 55/2020/TT-BCA on the allocation of responsibilities and coordination relations in the investigation and resolution of fire and explosion incidents by the People's Public Security Forces

CIRCULAR

Provisions on the allocation of responsibilities and coordination relationships in fire investigation work,

handling fire and explosion incidents by the People's Public Security forces

Pursuant to the Criminal Procedure Code dated November 27, 2015;

Based on the Criminal Code dated November 27, 2015 and the Law Amending and Supplementing Certain Articles of the Criminal Code dated June 20, 2017; Based on the Fire Prevention and Fighting Law dated June 29, 2001 and the Law Amending and Supplementing Certain Articles of the Fire Prevention and Fighting Law dated November 22, 2013;

Pursuant to the Law on People's Police dated November 20, 2018;

Based on the Law on the Organization of Criminal Investigation Agencies dated November 26, 2015;

At the proposal of the Director of the Fire Prevention and Fighting Police Department,

Pursuant to the Law on Handling Administrative Offenses dated June 20, 2012;

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

provisions on the allocation of responsibilities and coordination relationships in fire investigation work, handling fire and explosion incidents by the People's Public Security forces.

The Minister of Public Security issues this Circular This Circular stipulates provisions on the allocation of responsibilities and coordination relationships in fire investigation work, handling fire and explosion incidents; receiving and processing reports about fires and explosions by the People's Public Security forces.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 2. Scope of Application

This Circular applies to units and local public security agencies; criminal investigation agencies at all levels within the People's Public Security forces; fire prevention, firefighting, and rescue forces; other forces within the People's Public Security forces and organizations and individuals related to fire investigation and handling work.

Article 3. Principles of Investigation and Coordination in Investigating and Handling Fires and Explosions

1. All fire and explosion incidents must be investigated and resolved quickly, promptly, accurately, objectively, comprehensively according to the provisions of this Circular and relevant laws, protecting the interests of the State, the rights and legitimate interests of organizations and individuals.

2. The fire prevention, firefighting, and rescue police force, criminal investigation police force, and other forces within the People's Public Security must cooperate closely when investigating and resolving fire and explosion incidents, ensuring concentration and unity under the direction of the heads of public security agencies at all levels; performing their functions, tasks, and powers properly.

3. Lower-level agencies must follow the guidance and direction of higher-level agencies in investigating and resolving fire and explosion incidents; officers and soldiers are responsible before the head of the unit and the law for their actions and decisions.

Article 4. Responsibilities of Village, Town, Ward Police

Chapter II

SPECIFIC PROVISIONS

1. Receiving reports from individuals, agencies, and organizations about fire and explosion incidents occurring in their jurisdiction and promptly organizing verification to report to competent authorities for coordination in resolution.

2. When identifying a fire or explosion incident, village, town, ward police (hereinafter referred to as village-level police) have the responsibility to immediately report to the nearest fire prevention, firefighting, and rescue unit; simultaneously reporting to the Chairman of the People's Committee at the commune level and the Head of the Police Station at the district, county, city, provincial level (hereinafter referred to as district-level police); dispatching officers to the scene promptly, organizing the evacuation of injured persons for medical treatment, protecting property, securing the scene; coordinating to ensure security and order in the area where the fire or explosion occurred as required by competent authorities.

3. Identifying and recording traces and evidence left at the scene; cooperating with forces to determine initial losses in terms of personnel and property; finding witnesses to take statements, determining preliminary information about the first area of fire or explosion, characteristics of sounds and light of the fire or explosion, or recording their full name, age, address, identification number (or citizen identity card number), phone number for the purpose of investigation. Reporting specific situations related to the handover of completed tasks to competent authorities.

4. Cooperating with investigative agencies, fire prevention, firefighting, and rescue units with authority in fire investigation and resolution work when requested.

4. Cooperate with the Investigative Agency, competent fire prevention, firefighting, rescue, and disaster relief agencies in the investigation and resolution of fire and explosion incidents when requested.

Article 5. Responsibilities of the County Police that has established the Fire Prevention, Firefighting, Rescue and Emergency Response Team

The Head of the County Police shall be responsible for directing and organizing investigations and resolving fire and explosion incidents within their jurisdiction (except cases under the investigation and resolution authority of higher-level Investigation Agencies and Military Criminal Investigation Agencies), specifically as follows:

1. Fire Prevention, Firefighting, Rescue and Emergency Response Force

a) Arrive immediately upon receiving reports of fires or explosions to carry out firefighting, rescue, and emergency response activities; quickly assess initial damage, identify victims, witnesses, and related individuals; hand over the scene to village police forces to organize protection after completing firefighting and rescue tasks; check initial witness statements and preliminarily determine the first fire or explosion area.

b) Coordinate with various levels of Investigation Agencies, Forensic Technical Forces, and higher-level Fire Prevention, Firefighting, Rescue and Emergency Response Forces to conduct on-site inspections and other investigative activities..

c) Accept and handle administrative violations within their authority for fires and explosions without criminal signs but with administrative violations concerning fire prevention and firefighting transferred by Investigation Agencies.

2. Investigative Police Force

a) Lead and coordinate with the Fire Prevention, Firefighting, Rescue and Emergency Response Force, Forensic Technical Forces to immediately investigate and resolve fire and explosion incidents from the outset.

During the investigation and resolution process, if criminal signs are discovered, they shall initiate an investigation according to their authority or transfer the case to the competent Investigation Agency for investigation.

b) Accept files and evidence and organize the investigation and resolution of fire and explosion incidents with criminal signs transferred by other agencies according to their authority.

Article 6. Responsibilities of the County Police that has not established the Fire Prevention, Firefighting, Rescue and Emergency Response Team ward

1. Coordinate with the Fire Prevention, Firefighting, Rescue and Emergency Response Force to implement firefighting, rescue, and emergency response activities as prescribed, quickly assess initial damage; lead and coordinate with relevant forces to protect the scene, identify victims, witnesses, and related individuals.

2. Lead the organization of investigations and resolutions of fire and explosion incidents within their jurisdiction (excluding cases under the investigation and resolution authority of higher-level Investigation Agencies, Provincial Fire Prevention, Firefighting, Rescue and Emergency Response Departments, National Fire Prevention, Firefighting, Rescue and Emergency Response Bureau, and Military Criminal Investigation Agencies).

3. Coordinate and send personnel to participate in the investigation and resolution of fire and explosion incidents at the request of higher-level Investigation Agencies and Fire Prevention, Firefighting, Rescue and Emergency Response Departments.

4. Accept and handle administrative violations within their authority for fires and explosions without criminal signs but with administrative violations concerning fire prevention and firefighting transferred by other agencies.

Article 7. Responsibilities of the Provincial Fire Prevention, Firefighting, Rescue and Emergency Response Department

1. Accept and process fire reports and deploy firefighting, rescue, and emergency response activities as prescribed.

2. Lead and coordinate with County Police that has not established the Fire Prevention, Firefighting, Rescue and Emergency Response Team to quickly assess initial damage; coordinate to protect the scene, identify victims, witnesses, and related individuals.

3. Lead the investigation and resolution of fires without casualties, foreign factors, and initial property damage under 100,000,000 VND at facilities under their fire prevention and firefighting management authority within counties that have not established the Fire Prevention, Firefighting, Rescue and Emergency Response Team.

When initially resolving fires, if criminal signs are found, they shall exercise the investigation authority of the agency assigned certain investigative activities in the People's Public Security according to the Criminal Procedure Code, Law on Organization of Criminal Investigation Agencies, and guiding documents.

If there is evidence that the fire does not fall within their authority, they shall transfer it to the competent agency for investigation and resolution and assign officers to cooperate in conducting investigative activities as required.

4. Accept and handle administrative violations within their authority for fires and explosions without criminal signs but with administrative violations concerning fire prevention and firefighting transferred by other agencies.

Article 8. Responsibilities of the Provincial Police Investigation Agency

Conduct investigations and resolve fire and explosion cases within the jurisdiction of the People's Court at the provincial level; fire and explosion cases within the jurisdiction of the Police Investigation Agency at the district level when there are many complex circumstances requiring direct investigation.

Article 9. Responsibilities of the Provincial Security Investigation Agency

1. Receive and organize the investigation of fire and explosion cases with signs of criminal offenses related to national security and other crimes within its jurisdiction or as assigned by the Minister of Public Security.

2. For fire and explosion cases received and investigated, if during the investigation it is determined that they have signs of criminal offenses within the jurisdiction of the Police Investigation Agency, immediately transfer them to the competent investigative agency.

Article 10. Responsibilities of the Fire Prevention, Firefighting, and Rescue Bureau

1. Receive and conduct preliminary investigations and resolve fire cases assigned by the Minister of Public Security; cooperate with investigative agencies at various levels to investigate fire and explosion cases upon request.

2. When initially resolving a fire case and discovering signs of criminal offenses, exercise the investigative authority granted to agencies tasked with conducting certain investigative activities under the Criminal Procedure Code.

3. Receive and handle administrative violations in fire cases without signs of criminal offenses but with signs of administrative violations related to fire prevention and firefighting, transferred by the investigative agency.

Article 11. Responsibilities of the Ministry of Public Security Police Investigation Agency

Conduct investigations of fires and explosions causing particularly serious consequences, with many complex circumstances within the jurisdiction of the Police Investigation Agency at the provincial level but requiring direct investigation, and particularly serious cases ordered by the Supreme People's Court's Judicial Council for re-investigation.

Article 12. Responsibilities of the Ministry of Public Security Security Investigation Agency a) Managing, using, and operating technical equipment in accordance with Articles 10, 11, and 12 of Decree No. 135/2021/NĐ-CP dated December 31, 2021, issued by the Government, stipulating the list, management, and use of technical equipment, and the procedures for collecting and using data obtained from technical equipment provided by individuals or organizations for detecting administrative violations (hereinafter referred to as Decree No. 135/2021/NĐ-CP);

Conduct investigations of fires and explosions within the jurisdiction of the Provincial Security Investigation Agency but requiring direct investigation or as assigned by the Minister of Public Security.

Article 13. Responsibilities of the Forensic Technical Force

The Forensic Technical Force is responsible for participating in the examination of the scene and forensic analysis of evidence at the scene of fires and explosions upon request from investigative agencies and the Fire Prevention, Firefighting, and Rescue Bureau.

Article 14. Responsibilities of Other Forces in the Public Security System

Within their functions, tasks, and authorities, other agencies of the Public Security system are responsible for coordinating and fulfilling requests from investigative agencies and the Fire Prevention, Firefighting, and Rescue Bureau during the investigation, resolution, and handling of fire and explosion cases.

Article 15. Investigation and Resolution of Fires and Explosions Related To diplomatic mission premises, consular offices, international organization representative offices, and residences of members of these agencies

The Provincial Police Investigation Agency or higher shall lead the investigation of fires and explosions related to diplomatic mission premises, consular offices, international organization representative offices, and residences of members of these agencies according to the Constitution, laws of Vietnam, and international treaties to which Vietnam is a party. During the investigation and resolution process, if signs of criminal offenses are discovered, they shall be handled according to jurisdiction or transferred to the competent investigative agency for handling.

Article 16. Investigation and Resolution of Fires and Explosions Involving Personnel, Facilities, and Assets of the People's Army

Clause 1. For fires and explosions within the jurisdiction of military courts as stipulated in Article 272 of the Criminal Procedure Code, the case shall be transferred to the competent authority of the People's Army for resolution in accordance with the law.

Clause 2. Security investigation forces, criminal investigation police, fire prevention, firefighting, and rescue police within the Public Security force shall cooperate with the competent authority of the People's Army upon request when such authority takes over the investigation of fires and explosions.

Article 17. Transfer of Case Files and Information Reporting System

Clause 1. Transfer of Case Files:

Point a. In cases where the investigation agency has taken over and resolved fires and explosions as prescribed in Clause 2 of Article 5 and Articles 6, 8, 9, 11, 12, and 15 but subsequently decides not to initiate a criminal case, revoke the decision to initiate a criminal case, terminate the investigation, or terminate the case, if the act indicates administrative violations related to fire prevention and firefighting, the decisions mentioned above along with the case file, evidence, and means of the violation must be transferred to the competent authority for administrative penalty in accordance with the law, together with a recommendation for administrative penalty.

Point b. When transferring the investigation and resolution files of fires and explosions, a handover record must be established in accordance with regulations and kept at the fire and explosion handover agency; the entire file prepared by the fire prevention, firefighting, and rescue police agency when handing over must be fully copied for tracking purposes to serve statistical work, information retrieval, and reporting as prescribed by the Ministry of Public Security.

Clause 2. Information Reporting System

Point a. The fire prevention, firefighting, and rescue police agency, after receiving fires and explosions transferred from the investigation agency, must issue a written notification on the resolution results within ten days from the date of resolution to the transferring investigation agency.

Point b. The investigation agencies at all levels responsible for investigating and resolving fires and explosions according to their jurisdiction must issue a written notification on the resolution results within ten days from the date of resolution to the fire prevention, firefighting, and rescue police units at the same level to serve reporting and statistical work on fires and explosions as prescribed.

Clause 3. In cases where the investigative and resolution authority under Clauses 1 and 2 of Article 5, Clause 2 of Article 6, and Clause 3 of Article 7 of this Circular has not been clearly determined, or there is no agreement between the transferring and receiving agencies regarding the signs considered as criminal or administrative violations, the agency handling the file shall report to its immediate superior for guidance.

Chapter III

IMPLEMENTATION

Article 18. Effective Date

Clause 1. This Circular takes effect from July 20, 2020, and replaces Circular No. 39/2015/TT-BCA dated August 21, 2015, issued by the Minister of Public Security on the allocation of responsibilities and coordination relations in the investigation and resolution of fires and explosions by the Public Security force.

Clause 2. For fires and explosions being investigated and resolved according to Circular No. 39/2015/TT-BCA dated August 21, 2015, the process shall continue until completion of the investigation.

Article 19. Responsibility for Implementation

Clause 1. Heads of units under the Ministry of Public Security and Directors of Public Security of provinces and centrally-administered cities within their functional and task scope are responsible for implementing this Circular.

Clause 2. The Fire Prevention, Firefighting, and Rescue Police Bureau, the Legal Reform and Administrative Reform Bureau have the responsibility to organize training, guidance, inspection, supervision, and implementation of this Circular.

During the implementation of this Circular, if difficulties or obstacles arise, local public security agencies shall promptly report to the Ministry of Public Security (through the Fire Prevention, Firefighting, and Rescue Police Bureau, the Legal Reform and Administrative Reform Bureau) for timely guidance./.