The Law on Fire Prevention, Combating, Rescue and Relief stipulates the responsibilities for fire prevention, combating, rescue and relief for relevant entities. This Law applies throughout the territory of Vietnam and takes effect from July 1, 2025.
适用范围
Agencies, organizations, households, individuals operating or residing within the territory of Vietnam; firefighting, rescue forces; state management agencies for fire prevention and combating.
要点
- The head of the facility must organize training and maintain the Firefighting, Rescue Team in accordance with Article 8 of this Law.
- State management of fire prevention and combating is carried out uniformly by the Ministry of Public Security as the lead agency assisting the Government in implementation.
- Upon discovering a fire, the person must immediately report to the firefighting, rescue forces through the emergency number 114 as prescribed in Article 6 of this Law.
- Facilities with fire and explosion hazards must develop firefighting, rescue plans and conduct drills in accordance with Article 10 of this Law.
- The head of the facility and the owner of transportation means have the responsibility to ensure safety in fire prevention and combating during operation as prescribed in Article 23 of this Law.
🌐 本文件的社会影响
- Positive impact: Enhance awareness and knowledge about fire prevention, combating, rescue and relief in the community.
- Negative impact: Investment costs for fire prevention and combating systems may increase for business facilities.
- Benefits: Minimize casualties and property damage caused by fires and explosions.
❓ 常见问题
Who is responsible for reporting a fire?
Upon discovering a fire, the person must immediately report to the firefighting, rescue forces through the emergency number 114 as prescribed in Article 6 of this Law.
Which agency manages state affairs regarding fire prevention and combating?
The Government uniformly manages state affairs regarding fire prevention and combating, rescue and relief. The Ministry of Public Security is the lead agency assisting the Government in implementation as prescribed in Article 7 of this Law.
What responsibilities does the head of a facility have?
The head of the facility must organize training and maintain the Firefighting, Rescue Team in accordance with Article 8 of this Law.
Are there requirements for fire prevention and combating in houses combined with production and business activities?
Houses combined with production and business activities must meet the safety conditions for fire prevention as prescribed in Article 20 of this Law.
What provisions are there regarding firefighting water sources?
Firefighting water sources are taken from centralized water supply hydrants, tanks, reservoirs, ponds, lakes, rivers, streams, canals, or other available water sources as prescribed in Article 27 of this Law.
全文
|
OF THE NATIONAL ASSEMBLY |
SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness |
| Number: 55/2024/QH15 |
LAW
FIRE PREVENTION, FIRE FIGHTING AND RESCUE OPERATIONS
On the basis of the Constitution of the Socialist Republic of Vietnam;
The National Assembly promulgates the Law on Fire Prevention, Fire Fighting and Rescue Operations.
PART I
GENERAL PROVISIONS
1. The organization of receiving and processing administrative procedures electronically shall be carried out through the National Public Service Portal via the Linked Public Service Software, ensuring requirements for exploitation and restructuring of business processes towards integration and coordinated resolution, enhancing the quality of administrative services provided by relevant state agencies, facilitating business households, individuals, and related agencies and organizations in receiving and processing administrative procedures.
This Law stipulates fire prevention, fire fighting, rescue operations; forces, means, conditions for ensuring operation activities and rights, obligations, responsibilities of agencies, organizations, households, individuals related to fire prevention, fire fighting, rescue operations.
Article 2. Interpretation of Terms
In this Law, the following terms shall be understood as follows:
1. Fire is a chemical reaction releasing heat, light, or smoke causing damage or having the potential to cause damage to people, property of agencies, organizations, individuals, affecting the economy, environment, security, public order.
2. Fire Prevention is a combination of activities, measures, solutions to limit, eliminate causes, conditions, risks of fires to ensure safety and minimize losses caused by fires.
3. Firefighting is a combination of activities to prevent fire spread, extinguish fires, and other activities to minimize losses caused by fires.
4. Accidents, incidents are situations prescribed in point b, Clause 1, Article 32 of this Law causing damage or having the potential to cause damage to people, property of agencies, organizations, individuals requiring rescue operations.
5. Rescue is the activity of rescuing people from danger threatening their lives, health in fires, accidents, incidents and searching for victims.
6. Assistance is the activity of rescuing vehicles, assets from danger in fires, accidents, incidents.
7. Cơ sở vật chất (nhà cửa, cơ sở hạ tầng) bảo đảm cho việc liên doanh, liên kết under fire prevention and firefighting management (hereinafter referred to as the facility) is a house, construction, location used for living, production, business, commercial activities, work or other purposes, constructed and operated according to the provisions of the law, included in the list specified by the Government. In an agency or organization, there may be one or more facilities; in a facility, there may be one or more agencies or organizations.
8. Premises with fire and explosion hazards is a facility with high fire and explosion risk included in the list specified by the Government.
9. Hazardous goods regarding fire and explosion are goods containing substances, items with fire and explosion risks in gas, liquid, or solid form that when managed, transported, used have the potential to cause fires, explosions, harm human life, health, cause asset losses, affect the environment, security, public order, included in the list specified by the Government.
10. Means of transport requiring fire safety assurance (hereinafter referred to as means of transport) is motorized road transport, railway transport, inland waterway transport, sea vessels produced, assembled, newly built, converted for passenger and hazardous goods transportation regarding fire and explosion; in case of motorized road transport for passenger transportation, it must be over 08 seats (excluding the driver's seat).
11. Head of the entity is the person responsible before the law for organizing implementation and maintaining fire safety conditions at the facility, including: the legal representative of the facility or the person directly managing the facility; the household head directly using the residential house for residential houses being facilities as prescribed in Clause 7 of this Article.
12. Civil Defense Force is a force established by local authorities to perform fire prevention, fire fighting, rescue operations tasks in villages, hamlets, ấp, bản, buôn, bon, phum, sóc (hereinafter collectively referred to as village), residential area, street, block, khóm, small district (hereinafter collectively referred to as residential area).
13. Facility-based fire prevention, fire fighting and rescue operations force is a part-time force established by the head of the facility to perform fire prevention, fire fighting, rescue operations tasks at the facility.
14. Specialized fire prevention, fire fighting and rescue operations force is a specialized or part-time force established by the head of the facility to perform fire prevention, fire fighting, rescue operations tasks at certain facilities with fire and explosion risks.
15. Firefighting Area is an area limited within a specific range where firefighting activities of competent forces are carried out according to the law.
16. Rescue Area is an area limited within a specific range where rescue activities of competent forces are carried out according to the law.
17. Design Review for Fire Prevention and Firefightingis the examination and evaluation of compliance with legal regulations, standards, technical norms applied to fire prevention and firefighting design in investment projects for construction works, constructions, means of transport.
18. Fire Prevention and Firefighting Acceptance Inspection is the inspection and comparison of actual construction of investment projects for construction works, constructions, means of transport with the approved design documents.
19. Inspection of Fire Prevention and Firefighting Acceptance Work is the inspection by the competent authority of the results of fire prevention and firefighting acceptance for investment projects for construction works, constructions, means of transport.
20. Fire Prevention and Firefighting, Rescue Operations Database is a specialized database serving state management of fire prevention, fire fighting, rescue operations and other purposes; connected and shared with the National Integrated Database and other relevant databases.
21. Competent Authority is an agency performing state management functions in a specific field related to fire prevention and firefighting, including: police agencies, construction-related agencies, and inspection agencies.
22. Fire Prevention and Firefighting Infrastructure includes networks of headquarters, camps, constructions, water supply systems, traffic systems, and communication systems serving fire prevention and firefighting.
Article 3. Application of laws on fire prevention, firefighting, and rescue operations
1. Fire prevention, firefighting, and rescue operations on the territory of the Socialist Republic of Vietnam shall be carried out in accordance with the provisions of this Law and relevant laws.
2. Forest fire prevention and firefighting activities and responsibilities for forest fire prevention and firefighting shall be implemented in accordance with the provisions of the forestry law.
3. In cases where emergencies, disasters, natural calamities, or epidemics have been declared as a state of emergency or civil defense alert level, rescue operations shall be conducted in accordance with the provisions of the law on states of emergency, the law on civil defense, the provisions of this Law, and other relevant laws.
Article 4. State policy on fire prevention, firefighting, and rescue operations
1. Ensuring the state budget, facilities, materials, equipment, modern devices, human resources, regulations, policies, and operational conditions for the Fire Prevention and Fighting Police Force and Rescue Operations; building a regular, efficient, and modern Fire Prevention and Fighting Police Force and Rescue Operations to meet the requirements of fire prevention, firefighting, and rescue operations in all situations.
2. Mobilizing and utilizing various resources for fire prevention, firefighting, and rescue operations. Investing in and constructing a database system for fire prevention, firefighting, and rescue operations and fire alarm communication systems to ensure connectivity and data sharing at locations where Fire Prevention and Fighting Police Forces and Rescue Operations units are stationed.
3. Training, developing, and ensuring direct human resources to carry out fire prevention, firefighting, and rescue operations tasks and human resources to conduct design reviews, acceptance inspections, and fire prevention and firefighting checks.
4. Deploying fire prevention, firefighting, and rescue operation forces and equipment suitable for each local area; encouraging agencies, organizations, and individuals to build, participate in, and maintain safety models related to fire prevention, firefighting, and rescue operations within communities.
5. Encouraging and creating conditions for agencies, organizations, and individuals to research, apply science and transfer technology in fire prevention, firefighting, and rescue operations activities, investing in and constructing, transferring systems, equipment, and devices serving fire prevention, firefighting, and rescue operations.
6. Agencies, organizations, and individuals participating in coordination, cooperation, support, and assistance to state agencies in carrying out fire prevention, firefighting, and rescue operations work shall enjoy benefits and policies according to the law based on the nature and extent of their contributions.
Article 5. Principles of fire prevention, firefighting, and rescue operations
1. Adhering to the Constitution, laws of Vietnam, and international treaties to which the Socialist Republic of Vietnam is a party. In cases where there is no international treaty between Vietnam and foreign countries, fire prevention, firefighting, and rescue operations shall be carried out on the principle of reciprocity or diplomatic requests but not contrary to Vietnamese law, consistent with international law and customs.
2. Mobilizing the comprehensive strength of the entire people to participate in fire prevention, firefighting, and rescue operations; highlighting the core role of fire prevention, firefighting, and rescue operations forces.
3. Proactively preventing, prioritizing prevention; promptly identifying weaknesses and deficiencies in fire prevention and firefighting and taking measures to address them; recognizing fire prevention and accident prevention as ongoing tasks.
4. Preparing sufficient forces, equipment, plans, and necessary conditions to promptly extinguish fires, rescue victims, and provide aid.
5. Unifying command, management, and leveraging the roles of local forces, equipment, and logistics when fires, accidents, or incidents occur; prioritizing saving lives and property; all water and firefighting substances must be prioritized for firefighting purposes.
6. Applying modern science and technology in fire prevention, firefighting, and rescue operations activities.
7. All acts violating laws on fire prevention, firefighting, and rescue operations must be detected, prevented, and strictly dealt with according to the law.
8. Ensuring humanitarianism, fairness, and gender equality in fire prevention, firefighting, and rescue operations.
Article 6. Reporting Fire and Emergency Situations
1. Upon discovering a fire or emergency situation, individuals shall immediately report to the firefighting and rescue forces, public security agencies, or the People's Committee of the nearest commune level administrative unit.
2. Information on reporting fires and emergency situations shall be conveyed through commands, telephone calls, or signals from fire alarm devices or directly reported to the agencies and forces specified in Clause 1 of this Article.
The unified national emergency number for reporting fires and emergency situations is 114.
3. Upon receiving reports, the firefighting and rescue forces, public security agencies, or the People's Committee of the nearest commune level administrative unit must immediately inform the competent police firefighting and rescue force to handle the situation.
Article 7. State Management Responsibilities for Fire Prevention, Firefighting, and Rescue
1. The Government shall uniformly manage state affairs concerning fire prevention, firefighting, and rescue.
2. The Ministry of Public Security shall serve as the lead agency assisting the Government in uniformly implementing state management over fire prevention, firefighting, and rescue.
3. The Ministry of National Defense, other ministries, and ministerial-level agencies, within their respective duties and authorities, shall cooperate with the Ministry of Public Security in managing state affairs concerning fire prevention, firefighting, and rescue.
4. People's Committees at all levels shall manage state affairs concerning fire prevention, firefighting, and rescue in their localities. In districts where there is no commune-level administrative unit organized, the District People's Committee shall perform the tasks and powers of the Commune People's Committee as stipulated in this Law.
Article 8. Responsibilities of Agencies, Organizations, Households, and Individuals in Fire Prevention, Firefighting, and Rescue Activities
1. Fire prevention, firefighting, and rescue are the responsibilities of agencies, organizations, households, and individuals operating or residing within the territory of the Socialist Republic of Vietnam.
2. Citizens aged eighteen years or older, who are in good health, have the responsibility to participate in the grassroots firefighting and rescue team, specialized firefighting and rescue team, or civilian defense team when required.
3. The head of the establishment has the following responsibilities:
a) Organizing propaganda, dissemination, and education on knowledge and laws regarding fire prevention, firefighting, and rescue; organizing training and improving skills in fire prevention, firefighting, and rescue for those under their management;
b) Establishing and maintaining the operation of the grassroots firefighting and rescue team or specialized firefighting and rescue team in accordance with Article 37 of this Law, or assigning personnel to carry out fire prevention, firefighting, and rescue tasks within their management scope;
c) Issuing or advising authorized persons to issue internal regulations on fire prevention, firefighting, and rescue;
d) Implementing, inspecting, urging, and supervising agencies, organizations, and individuals under their management in complying with regulations, internal rules, measures, requirements, and maintaining safety conditions for fire prevention, firefighting, and rescue;
đ) Developing and conducting drills on fire extinguishing and rescue plans in accordance with the law;
e) Deciding or proposing authorized persons to decide on equipping and maintaining the functionality of firefighting and rescue equipment; organizing firefighting and rescue operations; and remedying consequences caused by fires, accidents, or incidents;
g) Establishing and managing files on fire prevention, firefighting, and rescue within their management scope; declaring and updating data on fire prevention and firefighting;
h) Performing other tasks related to fire prevention, firefighting, and rescue as prescribed by law.
4. The owner of transportation means has the following responsibilities:
a) Organizing propaganda, dissemination of knowledge and laws on fire prevention, firefighting, and rescue; organizing training and improving skills in fire prevention, firefighting, and rescue for those under their management;
b) Issuing internal regulations on fire prevention, firefighting, and rescue;
c) Implementing, inspecting, urging, and supervising individuals under their management in complying with regulations, internal rules, measures, requirements, and maintaining safety conditions for fire prevention, firefighting, and rescue;
d) Equipping and maintaining the functionality of firefighting and rescue equipment; organizing firefighting and rescue operations; and remedying consequences caused by fires, accidents, or incidents;
đ) Developing and conducting drills on fire extinguishing and rescue plans in accordance with the law;
e) Performing other tasks related to fire prevention, firefighting, and rescue as prescribed by law.
5. The investor decision-maker, project investor, owner of construction works, owner of transportation means, and agencies, organizations, and individuals involved in investment construction projects, production, assembly, new construction, or modification of transportation means have the responsibility to implement fire prevention and firefighting requirements in applying technical standards and norms, assessing, constructing, supervising construction, and accepting construction work related to fire prevention and firefighting.
6. The household head directly using residential premises that is not the head of an establishment has the following responsibilities:
a) Implementing Articles 20 and 21 of this Law;
b) Propagandizing, urging, and reminding other family members to comply with laws on fire prevention, firefighting, and rescue;
c) Regularly self-inspecting, identifying, and promptly eliminating fire, explosion, accident, or incident risks;
d) Performing other tasks related to fire prevention, firefighting, and rescue as prescribed by law.
7. Individuals have the following responsibilities:
a) Adhering to regulations, internal rules, measures, and requirements on fire prevention, firefighting, and rescue issued by agencies, organizations, or authorized persons as prescribed by law;
b) Acquiring knowledge on fire prevention, firefighting, and rescue and escape skills, as well as the use of common firefighting and rescue tools and equipment;
c) Ensuring safety in the use of sources of fire, heat, fire-producing and heat-producing devices, and flammable and explosive materials;
d) Identifying and preventing direct fire and explosion risks and violations of safety regulations on fire prevention, firefighting, and rescue within their capacity and ability.
đ) Participate in firefighting, rescue, and emergency response when mobilized by competent authorities; comply with the requirements and decisions of the firefighting commander or rescue commander during participation in firefighting, rescue, and emergency response.
8. Responsibilities for fire prevention, firefighting, rescue, and emergency response in cases of renting, borrowing, or staying in someone else's residence shall be regulated as follows:
a) The person renting out, lending, or allowing others to stay in their residence has the responsibility to promote, urge, and remind the tenant, borrower, or guest to comply with the laws on fire prevention, firefighting, and rescue.
b) The tenant, borrower, or guest has the responsibilities stipulated in Clause 6 of this Article, except where there is a different agreement with the landlord, lender, or host. In cases where the rented, borrowed, or stayed-in residence is combined with production or business activities, the tenant, borrower, or guest also has the responsibility to ensure fire safety conditions as prescribed in Article 21 of this Law.
9. Agencies, organizations, and individuals not falling within the scope specified in Clause 3 of Article 50 of this Law have the responsibility to ensure funding for fire prevention, firefighting, rescue, and emergency response activities within their management scope.
10. The Government shall provide detailed regulations for Point c and Point g of Clause 3, Point b of Clause 4, and Clause 5 of this Article.
Article 9. Responsibilities for Promoting, Disseminating, and Educating Knowledge and Laws on Fire Prevention, Firefighting, Rescue, and Emergency Response
1. State agencies managing fire prevention, firefighting, rescue, and emergency response shall take the lead and coordinate with relevant agencies, organizations, and individuals to implement the promotion, dissemination, and education of knowledge and laws on fire prevention, firefighting, rescue, and emergency response.
2. Information and communication agencies have the responsibility to organize the promotion, dissemination, and education of knowledge and laws on fire prevention, firefighting, rescue, and emergency response through mass media.
3. The Ministry of Transport shall take the lead and coordinate with the Ministry of Public Security to integrate and incorporate knowledge, laws, and skills related to fire prevention, firefighting, rescue, and emergency response into driver training programs.
4. The Ministry of Education and Training, the Ministry of Labor, Invalids, and Social Affairs, within their respective duties and powers, shall take the lead and coordinate with the Ministry of Public Security and other ministries and agencies to develop, integrate, and incorporate knowledge and laws on fire prevention, firefighting, rescue, and emergency response into teaching curricula and ensure implementation conditions in preschool education institutions, general education institutions, vocational education institutions, and higher education institutions appropriate to each level and field of study.
5. Ministries, agencies at the ministerial level, People's Committees at all levels, within their respective duties and powers, shall be responsible for organizing the promotion, dissemination, and education of knowledge and laws on fire prevention, firefighting, rescue, and emergency response, using suitable forms of promotion and dissemination for the managed subjects.
6. Military units, agencies, organizations, and educational institutions shall be responsible for promoting, disseminating, and educating knowledge and laws, and guiding skills related to fire prevention, firefighting, rescue, and emergency response for the managed subjects.
Article 10. Construction and Drills of Firefighting, Rescue, and Emergency Response Plans
1. The head of the facility or the owner of the transportation means specified in Clause 2 of Article 22 of this Law shall be responsible for organizing the construction and drills of firefighting, rescue, and emergency response plans using the forces and equipment available at the facility or transportation means within their management scope.
2. The Public Security agency shall have the following responsibilities:
a) Organize the construction and drills of firefighting, rescue, and emergency response plans for facilities that pose risks of fire or explosion;
b) Organize the construction and drills of rescue and emergency response plans for situations involving accidents or incidents as specified in Point b of Clause 1 of Article 32 of this Law, which require the mobilization of forces and equipment from multiple agencies, organizations, and individuals.
3. The head of the facility that poses risks of fire or explosion shall be responsible for coordinating with the Public Security agency in constructing and drilling the firefighting, rescue, and emergency response plans as specified in Point a of Clause 2 of this Article; the Chairman of the People's Committee at the commune level shall be responsible for coordinating with the Public Security agency in constructing and drilling the rescue and emergency response plans as specified in Point b of Clause 2 of this Article.
4. Agencies, organizations, and individuals included in the firefighting, rescue, and emergency response plan or the rescue and emergency response plan constructed by the Public Security agency shall be responsible for arranging personnel, people, and equipment to participate in the drills.
5. The Military and Border Defense agencies shall be responsible for taking the lead and coordinating with the Public Security agency to organize the construction and drills of firefighting, rescue, and emergency response plans for facilities that pose risks of fire or explosion within their management scope.
6. The Government shall regulate the content and time for drills of firefighting, rescue, and emergency response plans and rescue and emergency response plans.
Article 11. Fire Prevention and Fighting Inspection
1. The objects of fire prevention and fighting inspection include:
a) Facilities prescribed in Clause 7, Article 2 of this Law;
b) Residential buildings, residential buildings combined with production and business activities;
c) Means of transport prescribed in Clause 10, Article 2 of this Law;
d) Construction works during construction.
2. The contents of fire prevention and fighting inspection include:
a) The implementation of fire prevention and fighting, rescue responsibilities by the heads of facilities, household heads, and owners of means of transport as prescribed;
b) Ensuring and maintaining safety conditions for fire prevention and fighting for construction works during construction, residential buildings, residential buildings combined with production and business activities, means of transport, and facilities as prescribed in Articles 19, 20, 21, 22, and 23 of this Law; implementing and maintaining technical solutions for fire prevention and fighting for facilities prescribed in Clause 6, Article 55 of this Law.
3. The authority to conduct fire prevention and fighting inspections is as follows:
a) Heads of facilities, household heads, owners of means of transport, and investors shall organize fire prevention and fighting inspections themselves;
b) People's Committees at the commune level, public security agencies, specialized agencies on construction, inspection agencies, within their respective functions and powers, shall carry out fire prevention and fighting inspections in accordance with the provisions of the law.
4. The Government shall provide detailed regulations for Clause 2 and Clause 3 of this Article; and specify the procedures and formalities for fire prevention and fighting inspections.
Article 12. National Day for Fire Prevention and Fighting, Rescue
October 4th each year is the "National Day for Fire Prevention and Fighting, Rescue."
Article 13. International Cooperation in Fire Prevention and Fighting, Rescue
1. The Socialist Republic of Vietnam implements international cooperation in fire prevention and fighting, rescue. International cooperation in fire prevention and fighting, rescue must ensure the following principles:
a) Respect for independence, sovereignty, equality, mutual benefit; compliance with Vietnamese laws, international treaties to which the Socialist Republic of Vietnam is a party, and relevant international agreements on fire prevention and fighting, rescue;
b) Creating favorable conditions for domestic organizations and individuals, overseas Vietnamese, foreign organizations and individuals, and international organizations to cooperate in fire prevention and fighting, rescue;
c) Expanding and developing training, research, application of science and technology; coordinating search and rescue operations; investing in and constructing infrastructure and facilities for fire prevention and fighting, rescue;
d) Prioritizing international cooperation in the fields of training, research, application of science and technology transfer; sharing experiences and coordinating in fire prevention and fighting, rescue activities.
2. The contents of international cooperation in fire prevention and fighting, rescue include:
a) Exchanging information, learning from, and referring to experiences in fire prevention and fighting, rescue;
b) Providing firefighting support, search and rescue assistance;
c) Training, exercising, investing, researching, and applying science and technology for fire prevention and fighting, rescue;
d) Constructing infrastructure and facilities for fire prevention and fighting, rescue;
đ) Equipping means of fire prevention and fighting, rescue.
3. The Ministry of Public Security shall take the lead and coordinate with relevant ministries and sectors to assist the Government in negotiating and signing international treaties, agreements, or proposing competent authorities to sign international treaties, agreements on fire prevention and fighting, rescue; leading and coordinating with relevant ministries and sectors to implement international cooperation in fire prevention and fighting, rescue.
Article 14. Prohibited Acts
1. Intentionally causing fires, explosions, accidents, incidents, or inciting, urging, or enticing others to cause fires, explosions, accidents, incidents that result in damage or have the potential to cause damage to people, property of agencies, organizations, individuals, affecting the economy, environment, security, and social order.
2. Insulting, threatening, obstructing, or opposing forces performing tasks and persons participating in fire prevention and fighting, rescue.
3. Taking advantage of or abusing the performance of fire prevention and fighting, rescue tasks to commit acts violating the law, corrupting, infringing upon the interests of the State, rights, and legitimate interests of agencies, organizations, individuals.
4. Taking advantage of participation in firefighting and rescue to commit acts violating the law, infringing upon the interests of the State, rights, and legitimate interests of agencies, organizations, individuals.
5. Falsifying or distorting the results of design appraisal for fire prevention and fighting, the results of acceptance inspection for fire prevention and fighting.
6. False fire alarms; false emergency rescue situation reports.
7. Producing, storing, transporting, using, buying, or selling prohibited dangerous goods, substances, or items related to fire and explosion.
8. Converting or supplementing the usage function of construction works or parts thereof without ensuring fire prevention and fighting safety as prescribed by law.
9. Trading in fire prevention and fighting, rescue equipment of quality not conforming to published standards or corresponding technical regulations.
10. Appropriating, destroying, or intentionally damaging fire prevention and fighting, rescue equipment; arbitrarily changing, moving, or obscuring fire prevention and fighting, rescue equipment, signs, and directional markers installed as prescribed; obstructing escape routes; rendering escape routes ineffective, fire spread prevention measures ineffective.
11. Encroaching upon or arranging obstacles that hinder the operation of mechanical firefighting and rescue equipment.
Chapter II
FIRE PREVENTION
Article 15. Requirements for fire prevention and firefighting when establishing, adjusting, and approving urban and rural planning
When establishing, adjusting, and approving general planning, zoning planning, detailed planning for cities, residential areas, industrial clusters, and functional zones as prescribed by laws on urban and rural planning, there must be solutions and designs for fire prevention and firefighting that are appropriate to each level of planning and shall be stipulated as follows:
1. General planning must include content on developing fire prevention and firefighting infrastructure.
2. Zoning planning for cities and functional zones that require zoning planning must have:
a) Water sources and plans for organizing water supply networks for firefighting;
b) Traffic networks serving firefighting, rescue, and emergency response;
c) The location and scale of fire prevention, firefighting, and rescue headquarters within the area being planned;
3. Detailed planning for cities, residential areas, industrial clusters, and functional zones must include:
a) Roads, parking lots, and open spaces ensuring the operation of firefighting vehicles and mechanical firefighting equipment;
b) Firefighting water sources from tanks, reservoirs, natural ponds, artificial lakes, or external firefighting water supply systems;
c) Power supply for fire prevention and firefighting activities;
d) Locations for fire prevention, firefighting, and rescue units ensuring construction area requirements and conditions specified in Clauses 1 and 2 of this Article;
4. Authorities responsible for urban and rural planning laws may only approve general planning, zoning planning, and detailed planning for cities, residential areas, industrial clusters, and functional zones when they meet the fire prevention and firefighting requirements set forth in Clauses 1, 2, and 3 of this Article.
5. The Government shall provide detailed regulations on this matter.
Article 16. Requirements for fire prevention and firefighting when establishing, adjusting investment projects for construction works, designing works, renovating, changing the function of works, producing, assembling, building new, and modifying transportation means
1. When establishing, adjusting investment projects for construction works, designing works, renovating, and changing the function of works as stipulated in Clause 7, Article 2 of this Law, and constructing temporary works as prescribed by construction laws, there must be solutions and designs for fire prevention and firefighting that are appropriate to the function and characteristics of the works and ensure the following requirements:
a) Fire prevention and firefighting distances;
b) Roads, parking lots, and open spaces serving fire prevention and firefighting, rescue, and emergency response activities;
c) Escape solutions;
d) Estimated fire resistance rating, fire prevention, and fire spread control measures;
đ) Smoke control measures;
e) Power systems for fire prevention and firefighting;
g) Fire prevention and firefighting equipment and systems.
2. When producing, assembling, building new, and modifying transportation means, there must be solutions and designs for fire prevention and firefighting that are appropriate to the nature and characteristics of the transportation means and ensure the following requirements:
a) Fire prevention and fire spread control measures;
b) Safety measures for fire prevention in energy supply, fuel, and engine systems;
c) Systems and devices for detecting leaks of flammable gases and liquids;
d) Fire prevention and firefighting equipment and systems.
Article 17. Review of Fire Prevention and Fighting Design
1. The review of fire prevention and fighting design for investment projects to construct works, transportation means, except temporary works as prescribed by construction laws shall be carried out as follows:
a) The investor shall organize the review of the contents stipulated in points a, b, c, d, and đ of Clause 1, Article 16 of this Law for the economic and technical report on investment construction, and organize the review of the contents stipulated in Clause 1, Article 16 of this Law for the feasibility study report on investment construction which does not fall within the scope of project review by specialized construction authorities as prescribed by construction laws but falls within the scope of fire prevention and fighting design review;
c) Inspection agencies shall organize the review of the contents stipulated in points a, b, and c of Clause 2, Article 16 of this Law when conducting the design review according to inspection laws for transportation means that must undergo fire prevention and fighting design review;
2. Works that must undergo fire prevention and fighting design review when adjusting the design and changing one of the requirements for fire prevention and fighting stipulated in Clause 1, Article 16 of this Law, or during operation and renovation leading to changes in fire safety conditions must implement design adjustment and fire prevention and fighting design review. The design adjustment and fire prevention and fighting design review shall be carried out according to the provisions of Clause 1, Article 16 and Clause 1, Article 17 of this Law.
3. Investors, owners of works, and owners of transportation means may only organize construction, renovation of works, and production, assembly, new construction, modification of transportation means that must undergo fire prevention and fighting design review upon obtaining a fire prevention and fighting design review document from the specialized management agency.
4. The Government shall provide detailed regulations for Clause 1 and Clause 2 of this Article; specify the list of works and transportation means that must undergo fire prevention and fighting design review by Public Security agencies, construction specialized agencies, and inspection agencies; specify the content, procedures, formalities, authority for fire prevention and fighting design review; specify responsibilities for coordination in fire prevention and fighting design review.
Article 18. Acceptance Inspection and Fire Prevention and Control Testing
1. The project investor, owner of the construction works, and owner of transportation means shall be responsible for organizing the construction and acceptance inspection of the construction works and transportation means according to the fire prevention and control design that has been reviewed; the project investor, owner of the construction works, owner of transportation means, and construction units shall be responsible for ensuring fire safety throughout the construction process of the construction works and transportation means under their management.
2. The project investor, owner of the construction works, and owner of transportation means shall organize fire prevention and control acceptance inspections for the construction works and transportation means in accordance with the following provisions:
a) Partial, phased, item-by-item, system-by-system fire prevention and control acceptance inspections, and completion acceptance inspections of construction works;
b) For concealed parts of the construction works and transportation means, fire prevention and control acceptance inspections must be conducted before proceeding with subsequent construction steps;
c) Decisions on partial acceptance inspections of construction works and items within the construction works that have independent operational conditions and ensure fire safety conditions.
3. The project investor, owner of the construction works, and owner of transportation means shall bear legal responsibility for the results of fire prevention and control acceptance inspections of the construction works and transportation means.
4. Construction works and transportation means that require review of fire prevention and control designs after acceptance inspections must be subject to fire prevention and control acceptance inspection checks by specialized management agencies; they may only be put into operation and use after obtaining approval from specialized management agencies regarding the results of fire prevention and control acceptance inspections.
5. The inspection of fire prevention and control acceptance inspections shall be regulated as follows:
a) The specialized agency for construction shall conduct inspections of fire prevention and control acceptance inspections prior to putting construction works, parts of construction works, and items of construction works into use, which have previously undergone fire prevention and control design reviews by the specialized agency for construction pursuant to point b, Clause 1, Article 17 of this Law and fall within the scope of quality acceptance inspection of construction works as stipulated by laws on construction;
b) The registration and inspection agency shall conduct inspections of fire prevention and control acceptance inspections for transportation means that have previously undergone fire prevention and control design reviews by the registration and inspection agency pursuant to point c, Clause 1, Article 17 of this Law when conducting inspections and issuing Certificates of Technical Safety and Environmental Protection;
c) The Public Security Agency shall conduct inspections of fire prevention and control acceptance inspections for construction works, parts of construction works, items of construction works, and transportation means that have previously undergone fire prevention and control design reviews by the Public Security Agency pursuant to point d, Clause 1, Article 17 of this Law.
6. The Government shall provide detailed regulations for Clause 1 of this Article; specify the contents, procedures, formalities, and authority for inspecting fire prevention and control acceptance inspections; and define responsibilities for coordinating inspections of fire prevention and control acceptance inspections.
Article 19. Fire Prevention for Construction Projects During Construction
1. Construction projects during construction must ensure the following fire safety conditions:
a) Have fire prevention, firefighting, rescue, and emergency response regulations suitable for the nature and characteristics of the construction project;
b) Have prohibition signs, warning signs, and directional signs as prescribed;
c) Equip with fire prevention and firefighting equipment or systems suitable for the nature and characteristics of the construction project according to regulations on safety in construction works;
d) Assign personnel to perform fire prevention, firefighting, rescue, and emergency response tasks within their management scope.
2. The project investor, owner of the construction project, and the construction unit have the responsibility to implement and maintain the fire safety conditions stipulated in Clause 1 of this Article.
Article 20. Fire Prevention for Residential Buildings
1. Residential buildings not falling under the categories specified in Clauses 3 and 4 of this Article must ensure the following fire safety conditions:
a) Install and use electrical equipment ensuring fire safety conditions as prescribed in Point c, Clause 1 of Article 24 of this Law;
b) Arrange cooking areas, worship areas, and places for burning joss paper safely; do not place flammable or explosive materials near sources of fire or heat.
2. Residential buildings not falling under the categories specified in Clauses 3 and 4 of this Article must ensure the following firefighting and evacuation conditions:
a) Have firefighting equipment suitable for actual capabilities and conditions to be ready for firefighting and evacuation;
b) Arrange and maintain evacuation routes, emergency exits, or walkways to ensure safe evacuation.
3. Residential buildings with technical standards and specifications referred to in legal documents or in technical standards on fire prevention, firefighting, and rescue shall comply with those standards and specifications.
4. Residential buildings listed in the directory of facilities under fire prevention and firefighting management shall comply with the provisions of Article 23 of this Law.
5. For residential buildings in central city districts that do not meet traffic infrastructure or water supply requirements for firefighting as prescribed by law and technical standards in fire prevention and firefighting activities, they must be equipped with fire extinguishers, fire alarm transmission devices connected to the Fire Prevention, Firefighting, Rescue, and Fire Alarm Transmission Database System according to the schedule prescribed by the Government.
For residential buildings in other areas, it is encouraged to equip fire alarm transmission devices connected to the Fire Prevention, Firefighting, Rescue, and Fire Alarm Transmission Database System. The People's Committee of the Central City shall determine areas that do not meet traffic infrastructure or water supply requirements for firefighting.
6. Fire Prevention, Firefighting, and Rescue Forces shall be responsible for guiding the connection of fire alarm transmission devices with the Fire Prevention, Firefighting, Rescue, and Fire Alarm Transmission Database System when requested.
Article 21. Fire Prevention for Residential Buildings Combined with Production and Business Activities
1. Residential buildings combined with production and business activities must ensure the following fire safety conditions:
a) Fire safety conditions as stipulated in Article 20 of this Law;
b) Have prohibition signs, warning signs, and directional signs as prescribed;
c) Areas producing and trading goods with fire and explosion risks must have measures to separate or prevent fires from spreading to living areas.
2. Residential buildings combined with production and business activities involving hazardous goods must ensure the following fire safety conditions:
a) Fire safety conditions as stipulated in Clause 1 of this Article;
b) Do not arrange sleeping areas in production and business zones;
c) Have fire alarm devices, ventilation solutions, and equipment to detect leaks of hazardous gases suitable for the functions and characteristics of residential buildings combined with production and business activities involving hazardous goods;
d) Production and business areas involving hazardous goods must be separated from evacuation routes of living areas.
Article 22. Fire Prevention for Transportation Vehicles
1. Road transportation vehicles carrying passengers and dangerous goods concerning fire and explosion risks must ensure the following fire safety conditions when participating in traffic:
a) Having prohibition signs, warning signs, and directional signs as prescribed;
b) Implementing fire prevention and firefighting requirements stipulated in Clause 2, Article 16 of this Law.
2. Railway transportation vehicles, inland waterway vessels, and sea-going ships carrying passengers and dangerous goods concerning fire and explosion risks must ensure the following fire safety conditions:
a) Fire safety conditions according to laws on railways, laws on inland waterway traffic, and maritime laws;
b) Conditions stipulated in Clause 1 of this Article;
c) Transportation vehicles subject to design review for fire prevention and firefighting must have design review documents for fire prevention and firefighting, and acceptance results documents for fire prevention and firefighting from specialized management agencies;
d) Having firefighting, rescue, and evacuation plans.
3. Transportation vehicles produced, assembled, newly built, or converted that are required to undergo design reviews for fire prevention and firefighting can only be issued a Certificate of Technical Safety and Environmental Protection when they have acceptance results documents for fire prevention and firefighting as prescribed.
4. International organizations, foreign organizations, and individuals' water transportation vehicles participating in inland waterway activities in Vietnam must comply with fire prevention and firefighting safety conditions as prescribed by Vietnamese laws.
5. Owners, captains, ship masters, and transportation vehicle operators within their management scope are responsible for ensuring fire safety and firefighting during the operation of transportation vehicles.
Article 23. Fire Prevention for Facilities
1. Facilities must ensure the following fire safety conditions:
a) Having fire prevention, firefighting, rescue, and evacuation regulations suitable for each type of facility;
b) Equipping fire prevention, firefighting, rescue, and evacuation equipment and systems as prescribed by law;
c) Equipping communication devices connected to the Fire Prevention, Firefighting, Rescue, and Evacuation Database and reporting, updating fire prevention, firefighting, rescue, and evacuation data according to the schedule prescribed by the Government;
d) Implementing fire prevention and firefighting requirements stipulated at points a, b, c, d, đ of Clause 1, Article 16 of this Law;
đ) Having firefighting, rescue, and evacuation plans;
e) Establishing facility-based fire prevention, firefighting, and rescue teams or specialized fire prevention, firefighting, and rescue teams as prescribed in Article 37 of this Law or assigning personnel to perform fire prevention, firefighting, rescue, and evacuation tasks.
2. Agencies and organizations operating within a facility must ensure the following fire safety conditions:
a) Having fire prevention, firefighting, rescue, and evacuation regulations suitable for the nature of their operations;
b) Ensuring safety in the use of fire sources, heat sources, ignition devices, flammable and explosive materials within their management scope;
c) Assigning personnel to participate in facility-based fire prevention, firefighting, and rescue teams or specialized fire prevention, firefighting, and rescue teams as prescribed by law;
d) Maintaining fire safety and firefighting conditions within their management scope.
Article 24. Fire Prevention in the Installation and Use of Electricity for Daily Life and Production
1. In the installation and use of electricity for daily life, the following fire safety conditions must be ensured:
a) Adhere to regulations on safe electricity use for daily life as stipulated by laws on electricity.
b) Retail electricity units must advise on the installation and use of electrical systems and equipment to ensure fire safety when connecting household electricity.
c) The installation and use of electrical wiring and equipment inside buildings must comply with legal requirements for electrical safety; regular inspections should be conducted, and timely repairs or replacements made for wiring and equipment that do not meet fire safety standards.
d) Only devices for charging electric motor vehicles that meet national technical standards may be used; locations for charging electric motor vehicles indoors must have measures to ensure fire safety; areas for centralized charging of electric motor vehicles indoors must also have fire prevention measures and appropriate firefighting equipment installed, meeting standards.
2. In the installation and use of electricity for production, the following fire safety conditions must be ensured:
a) Adhere to regulations on safe electricity use for production as stipulated by laws on electricity and points b and c of Clause 1 of this Article.
b) Electrical equipment used in environments hazardous to fires and explosions must be specialized equipment as prescribed by law.
3. Organizations and individuals engaged in the sale of electrical products and equipment have the responsibility to provide advice and information about the quality and technical specifications of such products and equipment suitable for their intended use.
4. Retail electricity units have the responsibility to promote and guide on ensuring safe electricity use in daily life and production, and to carry out other tasks related to safe electricity use as prescribed by laws on electricity.
Chapter III
FIRE FIGHTING
Article 25. Responsibilities for Firefighting
1. Individuals who discover a fire, and organizations, households, and individuals near the location where the fire occurs have the responsibility to participate in firefighting within the conditions and capabilities allowed.
2. Heads of agencies and organizations, Village Chiefs, Neighborhood Group Leaders, Chairpersons of People's Committees at the commune level or higher have the responsibility to organize firefighting within their jurisdiction; mobilize forces, people, means, and assets within their authority to participate in firefighting upon the request of the firefighting commander.
3. Health agencies, power supply agencies, water supply agencies, urban environment agencies, traffic agencies, and other relevant agencies and organizations have the responsibility to cooperate in participating in firefighting immediately upon request from authorized firefighting police forces or the firefighting commander; dispatch personnel and means under their management to the location of the fire to participate and support firefighting when mobilized.
4. Firefighting and rescue forces, upon receiving reports of fires within their jurisdiction or orders or decisions to mobilize, must promptly arrive to extinguish the fire.
5. Public Security Forces have the responsibility to organize the maintenance of security and public order, protect the firefighting area; participate in firefighting; ensure traffic order and safety for firefighting forces and means to travel as quickly as possible.
6. Local People's Committees adjacent to the locality where the fire occurred have the responsibility to mobilize forces, people, means, and assets of agencies, organizations, households, and individuals under their management to participate in firefighting when requested by the firefighting commander.
7. The Minister of Public Security shall prescribe regulations on standby readiness for firefighting, organization of firefighting by firefighting police forces and other forces within the Public Security system.
8. The Minister of National Defense shall prescribe regulations on firefighting responsibilities for facilities, bases, and transportation means under the management of the Ministry of National Defense serving military and defense purposes; coordinate with the Ministry of Public Security to organize firefighting for dual-use facilities as prescribed by the Government.
Article 26. Mobilizing forces, persons, means, and assets to participate in firefighting
1. When there is a fire, the forces, persons, means, and assets of agencies, organizations, households, and individuals may be mobilized to participate in firefighting; in cases of necessity, the firefighting commander may request diplomatic agencies, consular agencies, and international organization representative offices in Vietnam to arrange forces, persons, and means to support and assist in firefighting.
2. Agencies, organizations, households, and individuals, when mobilized to participate in firefighting, shall immediately arrange forces, persons, means, and assets to participate in firefighting.
3. Means and assets of agencies, organizations, households, and individuals that are mobilized to participate in firefighting must be returned immediately after the firefighting ends; in cases where they are lost, damaged, or suffer losses directly caused by the mobilization, compensation shall be provided.
The authority responsible for deciding on mobilization shall be responsible for implementing compensation. The amount of compensation and the payment of compensation shall be carried out in accordance with the provisions of the law on requisition and compulsory purchase of assets.
4. Forces and persons mobilized to perform firefighting duties shall be given priority when traveling on public transportation.
5. The authority to mobilize forces, persons, means, and assets to participate in firefighting is defined as follows:
a) Chairpersons of People's Committees at all levels and heads of agencies and organizations have the right to mobilize forces, persons, means, and assets of agencies, organizations, households, and individuals under their management;
b) Chiefs of Provincial Fire Prevention and Fighting Police Departments have the right to mobilize forces, persons, means, and assets of the Fire Prevention and Fighting Police force under their management; Chiefs of the National Fire Prevention and Fighting Police Department have the right to mobilize forces, persons, means, and assets of the Fire Prevention and Fighting Police force nationwide;
c) Directors of Provincial Public Security Departments and Chiefs of County-level Public Security Departments have the right to mobilize forces, persons, means, and assets of the People's Public Security force under their management; Ministers of the Ministry of Public Security have the right to mobilize forces, persons, means, and assets of agencies, organizations, households, and individuals nationwide.
6. The Government shall stipulate procedures for mobilizing forces, persons, means, and assets for firefighting; mobilizing forces, persons, means, and assets of the Military to participate in firefighting.
Article 27. Sources of Water for Firefighting
1. Water sources for firefighting shall be taken from fire hydrants in centralized water supply systems, firefighting water supply systems, tanks, ponds, lakes, rivers, streams, canals, or other available water sources.
2. Fire hydrants shall be installed on centralized water supply systems according to technical standards and regulations to ensure water supply requirements for firefighting. The cost of using water from centralized water supply systems for firefighting and firefighting drill exercises conducted by public security agencies shall be reimbursed from the state budget.
3. In urban areas and concentrated residential zones, points and docks for fire trucks and firefighting pumps to draw water for firefighting purposes shall be arranged near tanks, ponds, lakes, rivers, streams, and canals.
4. The Government shall stipulate responsibilities for investment, management, maintenance, and repair of fire hydrants; investment, management of points and docks for fire trucks and firefighting pumps to draw water for firefighting purposes.
Article 28. Firefighting Commander
1. The highest-ranking person of the People's Public Security Force assigned to command firefighting who is present at the location where the fire occurs shall be the Firefighting Commander.
2. In cases where the People's Public Security Force has not yet arrived at the location where the fire occurs, the Firefighting Commander shall be determined as follows:
a) For fires at facilities, the head of the facility shall be the Firefighting Commander; if the head of the facility is absent, then the Head of the Facility Fire Prevention, Firefighting, and Rescue Team or the Head of the Professional Fire Prevention, Firefighting, and Rescue Team or the authorized representative shall be the Firefighting Commander;
b) For fires involving vehicles in operation, the vehicle commander or the owner of the vehicle shall be the Firefighting Commander; if the vehicle commander or the owner of the vehicle is absent, then the driver of the vehicle shall be the Firefighting Commander;
c) For fires in villages or residential wards not falling under the provisions of points a and b of this clause, the Village Chief or Ward Chief shall be the Firefighting Commander; if the Village Chief or Ward Chief is absent, then the Head of the Civil Defense Team or the authorized representative shall be the Firefighting Commander.
3. The Firefighting Commander from the People's Public Security Force shall exercise command authority through orders, bear responsibility for their decisions, and have the following rights:
a) To utilize forces and equipment within their management scope to participate in firefighting;
b) To mobilize, within their authority, or request those with authority to mobilize forces, individuals, equipment, and assets of agencies, organizations, households, and individuals to participate in firefighting in accordance with the law;
c) To determine and decide on the firefighting area, firefighting measures, and the use of nearby terrain and objects for firefighting;
d) To prohibit persons and vehicles without firefighting duties from entering the firefighting area;
đ) To decide on the relocation or demolition of obstacles and assets to rescue victims, prevent the spread of fire, in accordance with the law.
4. The Firefighting Commander specified in Clause 2 of this Article shall bear responsibility for their decisions and have the following rights:
a) To utilize forces and equipment within their management scope to participate in firefighting;
b) To request those with authority to mobilize forces, individuals, equipment, and assets of agencies, organizations, households, and individuals to participate in firefighting in accordance with the law;
c) To decide on the relocation or demolition of obstacles and assets to rescue victims, prevent the spread of fire, in accordance with the law.
Article 29. Remedying Consequences of the Fire
1. Remedying consequences of the fire includes the following activities:
a) Organizing immediate rescue of victims; providing assistance and support to those affected to stabilize their lives;
b) Implementing measures to ensure environmental hygiene, public order, and social safety;
c) Promptly restoring production, business, service activities, and other activities.
2. The heads of facilities, the heads of agencies and organizations with affected facilities, the Chairpersons of People's Committees, the owners of burned vehicles, and the owners of houses with burned structures shall be responsible for organizing the implementation of the provisions of Clause 1 of this Article within the conditions and capabilities permitted.
Article 30. Protecting the Scene and Investigating the Fire
1. The Public Security Agency shall be responsible for organizing the protection of the fire scene, inspecting the fire scene, and investigating the fire in accordance with the law.
2. Agencies, organizations, households, and individuals at the location where the fire occurred shall be responsible for participating in protecting the fire scene and providing accurate information about the fire to the Public Security Agency.
Article 31. Firefighting at diplomatic mission premises, consular mission premises, international organization representative office premises, and residences of members of these missions
Clause 1. The Vietnamese Fire Prevention, Firefighting, Rescue, and Emergency Response Force, when permitted to enter the premises of diplomatic missions, consular missions, international organization representative offices, and residences of members of these missions for firefighting purposes, must comply with the provisions of international treaties to which the Socialist Republic of Vietnam is a party and the provisions of Vietnamese law.
Clause 2. The Vietnamese Fire Prevention, Firefighting, Rescue, and Emergency Response Force has the responsibility to prevent the spread of fire outside the premises of diplomatic missions, consular missions, international organization representative offices, and residences of members of these missions.
Chapter IV
RESCUE AND EMERGENCY RESPONSE
Article 32. Situations for rescue and emergency response
Clause 1. Situations for rescue and emergency response include:
Point a) Rescue and emergency response during fires;
Point b) Rescue and emergency response in accident and incident situations including: drowning; collapse of houses, buildings, trees; accidents and incidents caused by means and equipment; landslides; road traffic accidents on land, rail, inland waterways; other accidents and incidents upon request;
Point c) Search for victims.
Clause 2. The Fire Prevention, Firefighting, Rescue, and Emergency Response Force shall take the lead in implementing rescue and emergency response activities in the situations specified in Clause 1 of this Article; cooperate in implementing rescue and emergency response activities, preventing, combating, and mitigating the consequences of other accidents, disasters, natural calamities, and epidemics in accordance with the provisions of law.
Article 33. Responsibilities for rescue and emergency response
Clause 1. Individuals who discover situations requiring rescue and emergency response, nearby organizations, households, and individuals shall participate in rescue and emergency response activities within their capacity and conditions permitting.
Clause 2. Health agencies, power supply agencies, water supply agencies, urban environment agencies, transportation agencies, and other relevant agencies and organizations shall have the responsibility to coordinate and participate in rescue and emergency response activities immediately upon request from the authorized Fire Prevention, Firefighting, Rescue, and Emergency Response Police Force or the rescue and emergency response commander; mobilize personnel and means under their management to the location of the fire, accident, or incident to participate and support rescue and emergency response activities when called upon.
Clause 3. The Fire Prevention, Firefighting, Rescue, and Emergency Response Force, upon receiving reports of accidents or incidents requiring rescue and emergency response within its jurisdiction or upon receiving orders or decisions to mobilize, must promptly arrive to carry out rescue and emergency response activities.
Clause 4. The People's Public Security Forces shall be responsible for organizing security and public order, protecting the rescue and emergency response area; participating in rescue and emergency response activities; ensuring traffic order and safety for rescue and emergency response forces and means to travel as quickly as possible.
Clause 5. Heads of agencies and organizations, Chairpersons of People's Committees at all levels shall be responsible for participating in rescue and emergency response activities within their jurisdiction.
Clause 6. The Minister of Public Security shall stipulate the work of standing readiness for rescue and emergency response, the organization of rescue and emergency response activities by the Fire Prevention, Firefighting, Rescue, and Emergency Response Police Force and other forces within the People's Public Security.
Article 34. Rescue and Emergency Response Commander
Clause 1. When a fire occurs that requires rescue and emergency response, the firefighting commander from the People's Public Security Forces is the rescue and emergency response commander.
Clause 2. When an accident or incident occurs that requires rescue and emergency response, the highest-ranking officer of the People's Public Security Forces assigned to command rescue and emergency response operations who is present at the scene of the accident or incident is the rescue and emergency response commander for the accidents and incidents specified in point b, Clause 1 of Article 32 of this Law.
Clause 3. The rescue and emergency response commanders specified in Clauses 1 and 2 of this Article shall exercise command authority through orders, bear legal responsibility for their decisions, and have the following rights:
Point a) To utilize personnel and means under the management of public security agencies to participate in rescue and emergency response activities;
Point b) To mobilize, within their authority, or propose to those with authority to mobilize personnel, means, and assets of agencies, organizations, households, and individuals to participate in rescue and emergency response activities in accordance with the law;
Point c) To determine and decide on the rescue and emergency response area, rescue and emergency response measures, and the use of adjacent terrain and objects for rescue and emergency response;
Point d) To prohibit persons and means not involved in rescue and emergency response from entering the rescue and emergency response area;
Point đ) To decide on the relocation or demolition of obstacles and assets within the rescue and emergency response area to save lives and property in accordance with the law.
Clause 4. When the rescue and emergency response commander from the People's Public Security Forces has not yet arrived at the scene of the accident or incident, the head of the facility, Village Chief, or Ward People's Group Leader where the accident or incident occurred shall use personnel and means under their management to implement rescue and emergency response activities and participate in supporting and mitigating the accident or incident.
Article 35. Mobilizing forces, persons, means, and assets to participate in rescue and relief operations
1. When there is a situation requiring rescue and relief operations, the forces, persons, means, and assets of agencies, organizations, households, and individuals may be mobilized to participate in rescue and relief operations; if necessary, the person in charge of rescue and relief operations may request diplomatic agencies, consular agencies, and representative offices of international organizations in Vietnam to arrange forces, persons, and means to support and assist in rescue and relief operations.
2. Agencies, organizations, households, and individuals, when mobilized to participate in rescue and relief operations, have the responsibility to immediately arrange forces, persons, means, and assets to participate in rescue and relief operations.
3. Means and assets of agencies, organizations, households, and individuals that are mobilized to participate in rescue and relief operations must be returned immediately after the completion of rescue and relief operations; in cases where they are lost, damaged, or suffer losses directly caused by the mobilization, compensation shall be provided. The authority responsible for mobilization has the responsibility to implement compensation. The level of compensation and the method of payment for compensation shall be carried out in accordance with the provisions of the law on requisitioning and mobilizing assets.
4. Forces and persons mobilized to perform rescue and relief tasks shall be given priority when traveling on public transportation means.
5. The authority to mobilize forces, persons, means, and assets to participate in rescue and relief operations is defined as follows:
a) The head of an agency or organization has the right to mobilize forces, persons, means, and assets within their management scope;
b) The Director of the Fire Prevention, Firefighting, and Rescue Police Bureau, and the Chief of the Fire Prevention, Firefighting, and Rescue Police Department of the provincial police force have the right to mobilize forces and means of the Fire Prevention, Firefighting, and Rescue Police within their management scope;
c) The Minister of Public Security, the Director of the provincial police force, and the Chief of the county police force have the right to mobilize forces, persons, means, and assets of the People's Public Security Force within their management scope.
6. The Government shall provide detailed regulations on the procedures for mobilizing forces, persons, means, and assets to participate in rescue and relief operations.
Chapter V
CONSTRUCTION AND ARRANGEMENT OF FORCES, TASKS OF FIRE PREVENTION, FIREFIGHTING, AND RESCUE FORCES
Article 36. Fire Prevention, Firefighting, and Rescue Forces
1. Fire Prevention, Firefighting, and Rescue Police Forces.
2. Basic-level Fire Prevention, Firefighting, and Rescue Forces.
3. Specialized Fire Prevention, Firefighting, and Rescue Forces.
4. Civil Defense Forces.
Article 37. Establishment, Management, and Arrangement of Basic-level Fire Prevention, Firefighting, and Rescue Forces, Specialized Fire Prevention, Firefighting, and Rescue Forces, and Civil Defense Forces
1. Basic-level Fire Prevention, Firefighting, and Rescue Forces shall be established, managed, and arranged into Basic-level Fire Prevention, Firefighting, and Rescue Teams; specialized Fire Prevention, Firefighting, and Rescue Forces shall be established, managed, and arranged into Specialized Fire Prevention, Firefighting, and Rescue Teams.
2. If a basic-level entity has established a Specialized Fire Prevention, Firefighting, and Rescue Team, it does not need to establish a Basic-level Fire Prevention, Firefighting, and Rescue Team.
3. Civil Defense Forces shall be established in one or several villages, residential wards under the administrative unit of a commune or at the district level where no commune-level administrative unit is organized according to the following provisions:
a) They shall be arranged into Civil Defense Teams;
b) Based on the situation, requirements for ensuring fire prevention, firefighting, rescue safety, economic and social conditions, population size, and natural area of the locality, the Provincial People's Council shall stipulate criteria for establishing Civil Defense Teams and the number of members of Civil Defense Teams within the management area;
c) The Provincial People's Committee shall decide on the number of Civil Defense Teams to be established and the number of members of Civil Defense Teams in villages, residential wards within the management scope of each commune-level administrative unit;
d) Based on the decision of the Provincial People's Committee stipulated in point c of this clause, the Chairman of the Commune People's Committee shall decide on the establishment of Civil Defense Teams and each member of Civil Defense Teams;
đ) Priority shall be given to members of Security and Order Protection Teams according to the Law on Forces Participating in Security and Order Protection at the Grassroots Level to join Civil Defense Teams;
e) In villages, residential wards where the heads of Security and Order Protection Teams have been recognized according to the law on forces participating in security and order protection at the grassroots level, the Chairman of the Commune People's Committee shall appoint the heads and deputy heads of Security and Order Protection Teams as the leaders and deputy leaders of Civil Defense Teams.
4. The Government shall stipulate the entities required to establish Basic-level Fire Prevention, Firefighting, and Rescue Teams, the entities required to establish Specialized Fire Prevention, Firefighting, and Rescue Teams; the organization, operation, and guarantee system for the operation conditions of Basic-level Fire Prevention, Firefighting, and Rescue Teams, Specialized Fire Prevention, Firefighting, and Rescue Teams, and Civil Defense Forces.
Article 38. Tasks of the fire prevention, firefighting, rescue, and emergency response forces at the grassroots level, specialized fire prevention, firefighting, rescue, and emergency response forces, and civilian defense forces
1. The fire prevention, firefighting, rescue, and emergency response forces at the grassroots level, specialized fire prevention, firefighting, rescue, and emergency response forces, and civilian defense forces shall perform the following tasks:
a) Propose competent authorities to issue fire prevention, firefighting, rescue, and emergency response regulations, develop and practice firefighting, rescue, and emergency response plans within their jurisdiction;
b) Carry out fire prevention, firefighting, rescue, and emergency response activities within their assigned scope and participate in firefighting, rescue, and emergency response operations when mobilized.
2. The fire prevention, firefighting, rescue, and emergency response forces at the grassroots level, specialized fire prevention, firefighting, rescue, and emergency response forces, and civilian defense forces shall participate in performing the following tasks:
a) Promote and disseminate knowledge, laws, and skills on fire prevention, firefighting, rescue, and emergency response to individuals under their management; build mass movements to participate in fire prevention, firefighting, rescue, and emergency response;
b) Develop firefighting, rescue, and emergency response plans and rescue plans for public security agencies, prepare personnel, equipment to participate in plan drills;
c) Perform other tasks as prescribed by law.
Article 39. Voluntary Fire Prevention, Firefighting, Rescue, and Emergency Response
1. Voluntary fire prevention, firefighting, rescue, and emergency response is the act of individuals voluntarily registering with the public security agency of their commune of residence to regularly participate in fire prevention, firefighting, rescue, and emergency response activities.
2. Individuals participating in voluntary fire prevention, firefighting, rescue, and emergency response activities shall be trained and provided with professional skills in fire prevention, firefighting, rescue, and emergency response.
3. In cases of necessity, the fire prevention, firefighting, rescue, and emergency response forces may request the public security agency of the commune to mobilize individuals who have registered voluntarily to participate in fire prevention, firefighting, rescue, and emergency response activities.
4. The State has policies to encourage citizens to register to participate in voluntary fire prevention, firefighting, rescue, and emergency response activities.
5. The Government shall provide detailed regulations on this matter.
Article 40. Construction and Deployment of the Fire Prevention, Firefighting, and Rescue Police Force
1. The Fire Prevention, Firefighting, and Rescue Police Force of the People's Public Security is organized, deployed, and managed uniformly from central to local levels according to the provisions of the Minister of Public Security.
2. The State builds a regular, efficient, modern Fire Prevention, Firefighting, and Rescue Police Force; prioritizes resources for developing the Fire Prevention, Firefighting, and Rescue Police Force; trains and enhances the Fire Prevention, Firefighting, and Rescue Police Force in legal knowledge and professional skills in fire prevention, firefighting, rescue, and emergency response, meeting the requirements of national economic and social development.
3. Agencies, organizations, and Vietnamese citizens have the responsibility to participate in building the Fire Prevention, Firefighting, and Rescue Police Force.
Article 41. Tasks of the Fire Prevention, Firefighting, and Rescue Police Force
1. Advise and propose the Minister of Public Security to promulgate, propose competent authorities to promulgate and organize the implementation of strategies, policies, programs, projects, planning, plans, and legal regulations on fire prevention, firefighting, and rescue.
2. Organize the promotion, dissemination, and education of knowledge and laws on fire prevention, firefighting, and rescue; guide the construction of mass movements to participate in fire prevention, firefighting, and rescue; train and enhance professional knowledge and skills in fire prevention, firefighting, and rescue.
3. Develop and practice firefighting, rescue, and emergency response plans and rescue plans.
4. Carry out firefighting, rescue, and emergency response operations.
5. Review designs and inspect acceptance work on fire prevention and firefighting within their authority.
6. Guide the construction of fire prevention, firefighting, and rescue forces; guide the implementation of fire prevention, firefighting, and rescue work; guide the provision, management, and use of fire prevention, firefighting, and rescue equipment.
7. Organize research and application of science and technology in the field of fire prevention, firefighting, and rescue.
8. Compile, aggregate data on fire prevention, firefighting, rescue, and emergency response; manage, operate, and exploit the Fire Prevention, Firefighting, and Rescue Database and fire alarm communication system.
9. Inspect, audit, and handle violations of laws on fire prevention, firefighting, and rescue according to the provisions of the law.
10. Implement management of certification conformity and compliance of fire prevention, firefighting, and rescue equipment according to the provisions of the law on product quality and technical standards and regulations.
11. Implement certain investigative activities according to the provisions of the criminal procedure law and the law on criminal investigation organization.
12. Implement international cooperation in fire prevention, firefighting, rescue, and emergency response.
13. Perform other tasks as prescribed by the law on the People's Public Security and other relevant laws.
14. The Minister of Public Security shall provide detailed regulations for this Article.
Chapter VI
FIRE PREVENTION, FIREFIGHTING, RESCUE, AND EMERGENCY RESPONSE EQUIPMENT
Article 42. Equipping fire prevention, firefighting, rescue, and emergency response equipment for fire prevention, firefighting, and rescue forces
1. The State shall equip the Fire Police and other forces under the People's Public Security with fire prevention, firefighting, rescue, and emergency response equipment and other necessary equipment to ensure synchronization, modernity, and meet the requirements of firefighting, rescue, and emergency response in all situations.
2. The head of the facility shall decide or propose to the competent authority to decide on equipping fire prevention, firefighting, rescue, and emergency response equipment for the facility's fire prevention, firefighting, and rescue forces and specialized fire prevention, firefighting, and rescue forces within their management scope.
3. The People's Committee at the commune level shall equip fire prevention, firefighting, rescue, and emergency response equipment for the civilian defense force.
4. The Minister of Public Security shall stipulate the provisions on equipping fire prevention, firefighting, rescue, and emergency response equipment as specified in Clause 2 and Clause 3 of this Article.
Article 43. Management, use, preservation, and maintenance of fire prevention, firefighting, rescue, and emergency response equipment
1. Fire prevention, firefighting, and rescue forces shall be responsible for managing, using, preserving, and maintaining the fire prevention, firefighting, rescue, and emergency response equipment that has been equipped.
2. Agencies, organizations, households, and individuals shall be responsible for managing, using, preserving, and maintaining fire prevention, firefighting, rescue, and emergency response equipment that has been equipped to be ready for fire alarms, firefighting, rescue, and emergency response.
3. The Minister of Public Security shall stipulate the provisions on managing, preserving, and maintaining fire prevention, firefighting, rescue, and emergency response equipment.
Article 44. Production, assembly, import, and circulation of fire prevention, firefighting, rescue, and emergency response equipment and fire-resistant materials and components
1. Domestic-produced and assembled fire prevention, firefighting, rescue, and emergency response equipment and fire-resistant materials and components must ensure quality and comply with published standards and corresponding technical regulations as prescribed by laws on product and commodity quality and laws on standards and technical regulations before being circulated in the market.
2. Imported fire prevention, firefighting, rescue, and emergency response equipment and fire-resistant materials and components must comply with international standards, regional standards, foreign standards, or Vietnamese standards and technical regulations. In cases where Vietnam and other countries or territories recognize each other's conformity assessment results, such recognition shall be carried out in accordance with international treaties to which the Socialist Republic of Vietnam is a party.
3. The Government shall stipulate the issuance of permits before circulating fire prevention, firefighting, rescue, and emergency response equipment and fire-resistant materials and components in the market; and the list of fire prevention, firefighting, rescue, and emergency response equipment and fire-resistant materials and components.
Chapter VII
ENSURING CONDITIONS FOR FIRE PREVENTION, FIREFIGHTING, RESCUE, AND EMERGENCY RESPONSE ACTIVITIES
FIRE FIGHTING, EMERGENCY RESPONSE, AND RESCUE
Article 45. Training and upgrading skills in fire prevention, firefighting, rescue, and emergency response
1. The subjects eligible for training and upgrading skills in fire prevention, firefighting, rescue, and emergency response include:
a) Chairperson and Deputy Chairperson of the People's Committee at the commune level;
b) Village Chief and Ward Head;
c) Head of the facility;
d) Members of the facility's fire prevention, firefighting, and rescue team; members of the specialized fire prevention, firefighting, and rescue team; members of the civilian defense team;
đ) Persons assigned to perform fire prevention, firefighting, rescue, and emergency response tasks at the facility; persons assigned to conduct fire prevention inspections at the facility;
e) Persons working in hazardous environments prone to fires and explosions or frequently handling dangerous goods related to fires and explosions;
g) Persons operating vehicles and persons working on transportation vehicles as specified in Clause 10 of Article 2 of this Law;
h) Persons who have registered to participate in voluntary fire prevention, firefighting, rescue, and emergency response activities;
i) Other subjects with such needs.
2. The content of training and upgrading skills in fire prevention, firefighting, rescue, and emergency response includes:
a) Legal provisions on fire prevention, firefighting, and rescue;
b) Knowledge and skills in fire prevention;
c) Knowledge and skills in firefighting;
d) Knowledge and skills in escape and rescue;
đ) Other relevant contents suitable for each subject as specified in Clause 1 of this Article.
3. The Fire Police and training institutions specializing in fire prevention, firefighting, and rescue shall implement training and upgrading skills in fire prevention, firefighting, rescue, and emergency response.
4. The Minister of Public Security shall stipulate the provisions on training and upgrading skills in fire prevention, firefighting, rescue, and emergency response for the Fire Police and other forces under the People's Public Security.
5. The Government shall provide detailed regulations on Clause 2 and Clause 3 of this Article; stipulate the duration of training and upgrading skills in fire prevention, firefighting, rescue, and emergency response; and stipulate the remuneration and policies for those participating in training and upgrading skills in fire prevention, firefighting, rescue, and emergency response.
Article 46. Treatment and policies for persons mobilized and participating in fire prevention, firefighting, rescue, and disaster relief
1. Persons mobilized and participating in firefighting, rescue, and disaster relief who do not belong to the fire prevention, firefighting, and rescue forces shall be entitled to subsistence allowances and support when participating in firefighting, rescue, and disaster relief activities.
2. Organizations, individuals participating, cooperating, collaborating, supporting, and assisting state agencies in performing fire prevention, firefighting, rescue, and disaster relief tasks with achievements shall be rewarded; if they suffer property losses, they shall be compensated according to the provisions of the law.
3. Persons mobilized and participating in fire prevention, firefighting, rescue, and disaster relief who suffer accidents, injuries, or death shall be entitled to treatment according to the following provisions:
a) Persons who have participated in social insurance and health insurance and meet the conditions for receiving insurance benefits shall be paid from the insurance fund according to the provisions of the law;
b) Persons who have not participated in health insurance but suffer accidents or injuries shall be supported in paying medical examination and treatment costs; if they have not participated in social insurance and their ability to work is reduced due to an accident, as concluded by the Medical Examination Board, they may be considered for disability benefits according to the degree of reduction in working capacity; if they die, their relatives shall be entitled to survivor's pension and funeral expenses;
c) Persons who are injured or killed while performing their duties shall be considered for treatment and policies similar to those for war invalids or recognized as martyrs and entitled to benefits under the law on preferential treatment for persons meritorious to the revolution.
4. The Government shall provide detailed regulations for Clause 1 and Clause 3 of this Article.
Article 47. Uniforms, insignia, rank badges, and treatment and policies for the Fire Prevention and Fighting Police Force
1. Officers, non-commissioned officers, and soldiers belonging to the Fire Prevention and Fighting Police Force shall be equipped with uniforms, insignia, and rank badges according to the laws on People's Public Security and shall be provided with specialized uniforms for performing fire prevention, firefighting, rescue, and disaster relief tasks.
2. Officers, non-commissioned officers, and soldiers belonging to the Fire Prevention and Fighting Police Force shall be entitled to the following treatment and policies:
a) Treatment and policies as prescribed by the laws on People's Public Security;
b) Subsistence allowances when conducting training and professional development in fire prevention, firefighting, rescue, and disaster relief; practicing fire extinguishing plans, rescue plans, and disaster relief plans; during firefighting, rescue, and disaster relief operations;
c) Special nutrition regimes when training, practicing fire extinguishing plans, rescue plans, and disaster relief plans, and directly engaging in firefighting, rescue, and disaster relief operations;
d) Policies according to the list of particularly arduous, hazardous, and dangerous occupations and jobs as stipulated by the law;
e) Officers and non-commissioned officers operating firefighting and rescue equipment shall be entitled to treatment and policies similar to those for professional officers and non-commissioned officers under the laws on People's Public Security.
3. The Minister of Public Security shall provide detailed regulations for Point b and Point c of Clause 2 of this Article.
Article 48. Compulsory Fire and Explosion Insurance
1. Organizations, individuals must participate in compulsory fire and explosion insurance for assets of facilities listed in the compulsory fire and explosion insurance purchase directory and comply with the provisions of the law on insurance.
2. It is encouraged for organizations, individuals to participate in compulsory fire and explosion insurance for assets of facilities not listed in the compulsory fire and explosion insurance purchase directory.
3. The Government shall specify the directory of facilities required to purchase compulsory fire and explosion insurance; the contribution rate, management, and utilization of revenue from compulsory fire and explosion insurance for fire prevention, firefighting, rescue, and disaster relief activities.
Article 49. Financial Sources for Fire Prevention, Firefighting, Rescue, and Emergency Response Activities
1. The financial sources ensuring fire prevention, firefighting, rescue, and emergency response activities include:
a) State budget;
b) Revenues from mandatory fire insurance retained for fire prevention, firefighting, rescue, and emergency response activities;
c) Voluntary contributions and donations in cash or kind from domestic agencies, organizations, individuals, and foreign organizations and individuals;
d) Support from the Disaster Prevention and Control Fund according to the laws on disaster prevention and control and other lawful funds;
đ) Other lawful financial resources mobilized according to the laws;
2. The management and utilization of financial sources ensuring fire prevention, firefighting, rescue, and emergency response activities as stipulated in Clause 1 of this Article shall be carried out in accordance with the laws on state budget, laws on the management and use of public assets, and other relevant laws.
3. The Government shall provide detailed regulations for Point c and Point d of Clause 1 of this Article.
Article 50. State Budget Ensuring Fire Prevention, Firefighting, Rescue, and Emergency Response Activities
1. The State ensures the state budget for investment in fire prevention, firefighting, rescue, and emergency response activities; prioritizes resource allocation in the five-year financial plan, three-year financial and state budget plan, and annual state budget estimate for these activities; the annual defense and security expenditure tasks of all levels of People's Committees must include provisions to ensure fire prevention, firefighting, rescue, and emergency response activities.
2. In urgent cases, the contingency reserve of the state budget may be used according to the laws on the state budget to serve fire prevention, firefighting, rescue, and emergency response activities.
3. The State allocates the state budget to the People's Public Security Forces, state agencies, public service units, armed forces, and other entities benefiting from the state budget to support fire prevention, firefighting, rescue, and emergency response activities according to the laws on the state budget.
4. The state budget ensuring fire prevention, firefighting, rescue, and emergency response activities shall be used for the following tasks:
a) Investment, equipment, construction, repair, maintenance, and upkeep of fire prevention, firefighting, rescue, and emergency response systems and equipment;
b) Operations of the Fire Prevention and Fighting Police Force and Civil Defense Force;
c) Training, instruction, and professional development in fire prevention, firefighting, rescue, and emergency response activities according to the laws;
d) Other fire prevention, firefighting, rescue, and emergency response activities as prescribed by the laws.
5. The preparation, allocation, management, and utilization of the state budget for fire prevention, firefighting, rescue, and emergency response activities shall be conducted according to the laws on the state budget.
6. Provincial People's Committees shall develop and submit to the same-level People's Councils for promulgation policies prioritizing investment and mobilization of resources to invest in and build technical infrastructure systems for residential areas under their jurisdiction that do not meet traffic infrastructure and water supply conditions for firefighting; investment, equipment, repair, maintenance, and upkeep of fire prevention, firefighting, rescue, and emergency response systems and equipment.
7. The Government shall provide detailed regulations on this matter.
Article 51. Encouraging Investment for Fire Prevention, Firefighting, Rescue, and Emergency Response Activities
1. The State encourages domestic agencies, organizations, individuals, overseas Vietnamese, foreign organizations and individuals, and international organizations to invest, contribute, and sponsor fire prevention, firefighting, rescue, and emergency response activities.
2. Domestic organizations and individuals producing and assembling fire prevention, firefighting, rescue, and emergency response equipment shall enjoy credit, land, science and technology, and human resource incentives as prescribed by law.
Article 52. Scientific and Technological Activities, Database System on Fire Prevention, Firefighting, Rescue, and Emergency Response, and Fire Alarm Communication
1. Scientific and technological activities in fire prevention, firefighting, rescue, and emergency response include basic research, applied research, technological development, digital technology application, experimental implementation, trial production, technology transfer, and other scientific and technological service activities aimed at enhancing the quality of fire prevention, firefighting, rescue, and emergency response work as prescribed by law.
2. The State encourages domestic agencies, organizations, individuals, overseas Vietnamese, foreign organizations and individuals, and international organizations to invest, sponsor, and participate in scientific and technological activities in fire prevention, firefighting, rescue, and emergency response work.
3. Priority shall be given to combining and applying results from domestic research projects and tasks in the field of fire prevention, firefighting, rescue, and emergency response into investment in production, technological development, and fire prevention, firefighting, rescue, and emergency response equipment.
4. The database system on fire prevention, firefighting, rescue, and emergency response and fire alarm communication shall be managed, operated, and maintained by the Fire Prevention, Firefighting, and Rescue Police Force in accordance with the provisions of law.
5. The Government shall provide detailed regulations for Clause 4 of this Article; and specify the procedures for updating and reporting data on fire prevention, firefighting, rescue, and emergency response.
Chapter VIII
IMPLEMENTING PROVISIONS
Article 53. Amending and Supplementing Certain Provisions of Related Laws
1. Add Point d following Point c Clause 3 Article 10 of Law on Disaster Prevention and Control No. 33/2013/QH13, which has been amended and supplemented by Law No. 60/2020/QH14 and Law No. 18/2023/QH15 as follows:
"d) Fire prevention, firefighting, rescue, and emergency response activities."
2. Replace the term "review" with "examine" in Point c Clause 3 Article 56 and Clause 4 Article 82 of the Construction Law No. 50/2014/QH13, which has been amended and supplemented by Law No. 03/2016/QH14, Law No. 35/2018/QH14, Law No. 40/2019/QH14, and Law No. 62/2020/QH14.
3. Amend and supplement Points c, d, and đ Clause 2 Article 33 of the Capital Law No. 39/2024/QH15 as follows:
"c) Construction works that must undergo design review or examination for fire prevention and firefighting but are constructed without a certificate or design review or examination document from the specialized management agency;
d) Construction works that are not carried out according to the approved fire prevention and firefighting design;
đ) Construction works, parts of construction works, construction project components, production, business, and service facilities that have not obtained a satisfactory acceptance certificate from the specialized management agency but are put into operation;"
Article 54. Effective Date
1. This Law shall take effect from July 1, 2025, except as provided in Clause 4 of this Article.
2. Law on Fire Prevention and Firefighting No. 27/2001/QH10, which has been amended and supplemented by Law No. 40/2013/QH13 and Law No. 30/2023/QH15, shall cease to be effective from the date this Law takes effect, except as provided in Article 55 of this Law.
3. Resolution No. 99/2019/QH14 dated November 27, 2019 of the National Assembly on continuing to improve and enhance the effectiveness of policies and laws on fire prevention and firefighting shall cease to be effective from the date this Law takes effect.
4. The installation of fire alarm communication devices connected to the database system on fire prevention, firefighting, rescue, and emergency response and fire alarm communication according to the schedule specified in Clause 5 Article 20 and Point c Clause 1 Article 23 of this Law shall be completed no later than July 1, 2027.
Article 55. Transitional Provisions
1. Applications for procedures related to fire prevention, firefighting, rescue, and emergency response that were accepted by competent authorities before the effective date of this Law but remain unresolved on the effective date of this Law shall continue to be processed in accordance with the Fire Prevention and Firefighting Law No. 27/2001/QH10, which has been amended and supplemented by Law No. 40/2013/QH13 and Law No. 30/2023/QH15.
2. Construction projects and transportation facilities that have received a design approval certificate for fire prevention and firefighting from the Public Security Agency but have not yet received a satisfactory acceptance certificate for fire prevention and firefighting on the effective date of this Law shall continue to be implemented in accordance with the Fire Prevention and Firefighting Law No. 27/2001/QH10, which has been amended and supplemented by Law No. 40/2013/QH13 and Law No. 30/2023/QH15.
3. Certificates of training in fire prevention, firefighting, and rescue issued before the effective date of this Law shall remain valid until their expiration date.
4. Organizations and entities responsible for inspecting fire prevention, firefighting, and rescue equipment before the effective date of this Law shall continue to inspect such equipment until the deadline set by the Government.
5. Facilities that did not meet fire prevention and firefighting requirements and were put into use before the effective date of the Fire Prevention and Firefighting Law No. 27/2001/QH10, which had provisions for handling measures by the Provincial People's Councils, shall continue to implement the resolutions of the Provincial People's Councils and must complete the rectification of fire prevention and firefighting safety requirements.
6. For facilities that do not meet fire prevention and firefighting requirements and do not have the ability to rectify according to technical standards and regulations at the time of operation until the day this Law comes into effect, except for cases provided for in Clause 5 of this Article, shall be implemented as follows:
a) The People's Committee of the province shall classify, establish, and publish a list of facilities that do not meet fire prevention and firefighting requirements and do not have the ability to rectify according to technical standards and regulations at the time of operation until the day this Law comes into effect within its jurisdiction; stipulate renovation and beautification measures for urban areas that do not meet transportation infrastructure or firefighting water supply requirements in accordance with the provisions of laws and technical regulations on fire prevention and firefighting activities;
b) The specialized construction management agency in charge of construction management in accordance with the Construction Law shall take the lead and coordinate with the Ministry of Public Security to stipulate fire prevention and firefighting equipment and technical solutions to enhance fire safety for construction projects under their management that do not meet fire prevention and firefighting requirements;
c) The head of the facility shall base on the architectural status, structure, function, equipment, and production lines to equip appropriate fire prevention and firefighting equipment and select corresponding technical solutions prescribed in point b of this clause to strengthen technical measures ensuring fire safety; organize rectification according to selected technical solutions, bear responsibility for the results of implementation, and submit a written report to the direct management authority on fire prevention, firefighting, rescue, and assistance after completing the rectification and must maintain the applied technical measures throughout the operational period;
d) For facilities that cannot apply technical solutions as prescribed in point b of this clause, they must adjust their functions in accordance with the scale and nature of the facility's operations;
đ) The Government shall prescribe the roadmap for implementing the contents stipulated in this clause;
7. Facilities, means of transport, households, and individuals that do not ensure fire safety and were temporarily suspended or halted from operating before the day this Law comes into effect shall continue to be resolved in accordance with the Fire Prevention and Fighting Law No. 27/2001/QH10, which has been amended and supplemented by some articles according to Law No. 40/2013/QH13 and Law No. 30/2023/QH15;
This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the 15th term, the 8th session, on November 29, 2024.
原始文件(PDF)
关系图
点击文件即可打开。红色边框=改变效力的关系。