Circular No. 63/2013/TT-BCA on the inspection regulations of fire prevention and fighting police

  

CIRCULAR

Regulations on inspection orders of Fire Prevention and Fighting Police
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Pursuant to the Law on Fire Prevention and Fighting 2001;

Pursuant to Decree No. 35/2003/NĐ-CP dated April 4, 2003 detailing and guiding the implementation of certain articles of the Law on Fire Prevention and Fighting; Decree No. 46/2012/NĐ-CP dated May 22, 2012 amending and supplementing certain articles of Decree No. 35/2003/NĐ-CP detailing and guiding the implementation of certain articles of the Law on Fire Prevention and Fighting and Decree No. 130/2006/NĐ-CP on compulsory fire and explosion insurance (hereinafter referred to collectively as Decree No. 35/2003/NĐ-CP);

Based on Decree No. 77/2009/NĐ-CP dated September 15, 2009 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Director General of the Administration Police Department under the Ministry of Public Security managing public order and social security;

The Minister of Public Security issues this Circular on regulations regarding inspection orders of Fire Prevention and Fighting Police.

Chapter I. GENERAL PROVISIONS 

Article 1. Scope of Regulation

This Circular stipulates the contents, principles, plans for inspecting fire prevention and fighting; the arrangement of fire prevention and fighting inspectors managing areas and facilities; information and reporting systems; standards, responsibilities, tasks, and authorities of fire prevention and fighting inspectors.

Article 2. Applicability

This Circular applies to:

1. Officers and non-commissioned officers of Fire Prevention and Fighting Police (hereinafter referred to as inspectors) perform duties related to inspecting fire prevention and fighting.

2. Public security units and localities.

3. Agencies, organizations, individuals, and households related to the activities of inspecting fire prevention and fighting by Fire Prevention and Fighting Police.

Article 3. Principles of inspecting fire prevention and fighting

2. Ensuring the purpose, requirements, safety, effectiveness, and contributing to national security protection and maintaining public order and social safety.

2. Ensuring unity in organizing, directing, and managing inspection activities on fire prevention and fighting based on specific division of responsibilities and authorities.

3. Ensuring objectivity, timeliness, safety, and accuracy.

4. Ensuring the rights and legitimate interests of agencies, organizations, and individuals in fire prevention and fighting inspections.

5. Implementing the Regulations of the People's Public Security and regulations on implementing democracy in the work of Fire Prevention and Fighting Police.

Article 4. Contents of inspecting fire prevention and fighting

1. Inspecting the fulfillment of fire prevention and fighting responsibilities by heads of agencies, organizations, household owners, and individuals as prescribed in Articles 3, 4, and 5 of Decree No. 35/2003/NĐ-CP.

2. Inspecting fire safety conditions for facilities, residential areas, households, and special-purpose motor vehicles as prescribed in Articles 9, 10, 11, and 12 of Decree No. 35/2003/NĐ-CP.

3. Inspecting the fulfillment of fire prevention and fighting responsibilities by forest owners and fire safety conditions for forests as prescribed in Clause 2, Article 4 and Article 11 of Decree No. 09/2006/NĐ-CP dated January 16, 2006 on forest fire prevention and fighting.

4. Inspecting compliance with fire prevention and fighting standards, technical regulations, and laws by relevant agencies, organizations, and individuals.

Article 5. Standards for inspectors engaged in fire prevention and fighting inspections

1. Graduated from a college-level fire prevention and fighting program or a university program within or outside the Public Security system, possessing knowledge of fire prevention and fighting.

2. Having at least one year of service in the Public Security force; trained in fire prevention and fighting inspection operations.

Article 6. Allocation of fire prevention and firefighting inspection officers to manage areas and facilities

The allocation of fire prevention and firefighting inspection officers to manage areas and facilities must be based on geographical characteristics and socio-economic development conditions in each area and facility, specifically:

1. In cases where management is conducted by area, one fire prevention and firefighting inspection officer shall manage no more than two districts, cities, towns, or provincial-level cities.

2. In cases where management is conducted by facility, one fire prevention and firefighting inspection officer shall manage no more than seventy facilities (of which, the number of facilities with fire and explosion hazards shall not exceed twenty-five percent of the total seventy facilities).

Chapter II. SPECIFIC PROVISIONS

Section 1. PROCEDURES FOR FIRE PREVENTION AND FIREFIGHTING INSPECTION

Article 7. Drafting Inspection Plans

1. The Fire Prevention and Firefighting Inspection Department under the Fire Prevention and Firefighting and Rescue Police Corps; the Fire Prevention and Firefighting and Rescue Police Department of the Provincial Public Security Force (hereinafter referred to as the Provincial Public Security Force); the Fire Prevention Guidance and Direction Department under the Fire Prevention and Firefighting Police Bureau shall draft fire prevention and firefighting inspection plans according to their functions and tasks, including specialized and sectoral inspection plans and joint inspection plans involving relevant agencies and units, for approval by the Director of the Fire Prevention and Firefighting and Rescue Police Corps, the Director of the Provincial Public Security Force, and the Director of the Fire Prevention and Firefighting Police Bureau.

2. The Heads of the Fire Prevention and Firefighting and Rescue Police Departments of the Provincial Public Security Force; the Heads of the Fire Prevention and Firefighting Police Departments of the Districts, Cities, Towns, and Provincial-Level Cities under the Fire Prevention and Firefighting Police Bureau; and the Chiefs of the Districts, Cities, Towns, and Provincial-Level Cities under the Provincial Public Security Force shall draft periodic and spot-check fire prevention and firefighting inspection plans for their units based on the plan stipulated in Clause 1 of this Article, and prepare necessary conditions for implementing the plan.

3. The contents of the inspection plan include:

a) Reasons and bases for conducting inspections;

b) Object of inspection;

c) Objectives and requirements of inspections;

d) Inspection contents;

d) Composition of the inspection team;

e) Time for conducting inspections;

g) Other related contents concerning inspection work.

Article 8. Implementation of Inspection Plans

1. Leaders of departments and commanders of teams: disseminate and ensure understanding among inspection officers about the approved inspection plan content and other related contents before implementing the plan.

2. Inspection officers assigned tasks must thoroughly understand the objectives, requirements, and content of the approved inspection plan; proactively prepare for the inspection work according to the direct leadership's division of labor. When conducting inspections, if violations related to other fields are discovered, they must promptly report to their immediate superiors for guidance. They may not independently resolve matters outside their assigned functional and task scope.

3. During the inspection process, if violations of fire prevention and firefighting regulations are found, in addition to drafting an inspection record, a violation administrative record must also be drafted for handling according to the law on administrative violation resolution.

4. Upon completion of the inspection, an inspection record must be drafted detailing the date, month, year, and location of the record; the name, position of the recorder, and the name of the inspected organization, institution, or facility. If there are deficiencies or violations in ensuring fire safety, these must be clearly recorded, specifying the nature of the deficiencies or violations, the specific sections or parts involved, the responsible parties, and the deadlines for rectification.

The inspection record must be drafted in duplicate, signed and confirmed by both the recorder and the head of the inspected organization, institution, or facility. If the inspected party refuses to sign, the recorder must clearly note the reason in the record. For inspections conducted by a team, the full names and positions of all team members must be fully recorded.

Article 9. Information and Reporting System

1. Upon completion of the inspection, the inspection officer must report the results and submit the inspection record to the direct superior leader. If the direct superior leader participates in the inspection, they must assign specific tasks to the inspection officer managing the inspected facility or area to monitor and urge the inspected party to implement fire safety requirements and conditions.

2. For inspections conducted by topic, the inspection officer must compile the situation, report the results, and propose measures for fire prevention and firefighting work in writing to the direct superior leader.

Section 2. DUTIES, TASKS AND LIMITATIONS IN THE WORK OF FIRE PREVENTION AND FIGHTING INSPECTION 

Article 10. Duties and responsibilities of leaders and direct commanders of fire prevention and fighting inspectors

1. Organize, guide, monitor, urge subordinate staff to fulfill their assigned functions, tasks, powers and inspection programs for fire prevention and fighting that have been approved.

2. Set a good example in work, study, and daily life; strictly maintain the working regime of leaders, commanders, and units.

3. Strictly implement the management system for staff, information reporting system, and inspection of work for subordinates.

Article 11. Tasks of fire prevention and fighting inspectors

1. Advise the department leaders and team commanders to organize the implementation of fire prevention and fighting inspection tasks as follows:

a) Inspect the fire safety conditions of facilities; the contents of inspection include:

- The issuance and implementation of internal regulations, rules, procedures on fire prevention and fighting at the facility.

- Compliance with legal provisions on fire prevention and fighting approval and acceptance; inspect the maintenance of fire safety conditions for facilities required to submit a commitment letter ensuring full compliance with fire safety conditions before operation.

- The organization of fire prevention and fighting forces at the facility, operational regimes, on-site firefighting capabilities; training and professional development of fire prevention and fighting forces at the facility.

- Firefighting plans, evacuation plans, rescue plans, and the implementation of drill regimes for such plans at the facility.

- Technical conditions ensuring fire safety at the facility:

+ Measures and conditions to prevent and control fire spread;

+ Conditions ensuring evacuation, rescue, and asset protection during fires;

+ The operational status of technology and equipment related to fire and explosion;

+ Fire safety conditions for electrical systems and lightning protection systems;

+ Arrangement and storage of materials, goods, and hazardous substances related to fire and explosion;

+ Industrial hygiene conditions related to fire prevention and fighting (the potential to form dangerous fire and explosion environments from liquids, gases, dust, etc.);

+ The quantity, type, and quality of fire prevention and fighting equipment installed at the facility;

+ Traffic conditions serving firefighting; fire water reserves and other firefighting materials according to standards and specifications;

+ Communication systems serving fire prevention and fighting at the facility.

b) Inspect the fire safety conditions of residential areas; the contents of inspection include:

- The issuance and implementation of internal regulations, rules, procedures, and solutions on fire prevention and fighting in residential areas.

- Publicity and dissemination of legal knowledge on fire prevention and fighting; training in fire prevention and fighting skills; building mass movements to participate in fire prevention and fighting activities; management and maintenance of civilian defense teams.

- Equipping fire prevention and fighting equipment; preparing conditions to serve firefighting; drafting and organizing drills of firefighting plans; organizing firefighting and resolving post-fire consequences.

c) Inspect the fire safety conditions of households; the contents of inspection include:

- Ensuring fire safety conditions for electrical systems, electrical devices, places using open flames, heat sources, and ignition devices.

- Equipping appropriate firefighting tools and equipment suitable for household activities.

- Coordination between households and organizations in ensuring fire safety.

d) Inspect the fire safety conditions of forest owners; the contents of inspection include:

- Measures and conditions ensuring fire prevention and firefighting in forests.

- Forest fire prevention and firefighting plans of forest owners.

- Organization of firefighting forces and equipment in forests.

đ) Inspect the fire safety conditions of motor vehicles requiring special fire safety measures; the contents of inspection include:

- Internal regulations, rules, prohibitory signs, warning signs, diagrams, or directional signs regarding fire prevention and fighting, evacuation.

- Operating procedures for vehicles, electrical systems, fuel systems, arrangement and placement of people, materials, and goods on vehicles.

- Knowledge of fire prevention and fighting, certificates of fire prevention and fighting training for drivers, workers, and service personnel on motor vehicles with 30 seats or more and specialized motor vehicles transporting hazardous materials.

- Firefighting equipment on motor vehicles.

- Firefighting plans for vehicles.

2. Understand the situation related to fire prevention and fighting in the managed area and facilities, specifically:

a) The organizational structure, operational regimes, tasks, and coordination relationships of fire prevention and fighting forces at facilities, specialized sectors, and civilian defense teams in fire prevention and fighting activities.

b) The current status of material resources, technology, equipment, and technical means serving fire prevention and fighting activities.

c) Classify and compile lists of facilities, forests, residential areas, and motor vehicles under fire prevention and fighting management.

d) Other duties as prescribed by law.

3. Monitor and inspect facilities, motor vehicles, households, and individuals whose operations have been temporarily suspended; when there is no longer a direct risk of fire or explosion, prepare a report to higher authorities for consideration and issue a decision to resume operations.

4. Participate in coordinating some activities in fire prevention and fighting in the managed area, including:

a) Publicizing and disseminating legal knowledge and knowledge on fire prevention and fighting; building mass movements to participate in fire prevention and fighting activities.

b) Review fire prevention and firefighting design for projects and constructions listed in the catalog requiring such design review.

c) Provide responses regarding fire prevention and firefighting solutions for construction projects when requested by the project sponsors.

d) Conduct safety inspections on fire prevention and firefighting during the construction process for projects and constructions within the managed area.

đ) Conduct final inspection on fire prevention and firefighting in accordance with regulations.

5. Participate in resolving fires and explosions on the assigned territory as prescribed, specifically:

a) Upon receiving information about a fire or explosion at a facility or within the responsible area, promptly arrive to participate in firefighting, grasp the situation and developments of the fire to assist in investigating the cause of the fire or explosion. For fires and explosions occurring far from the unit and where information is received late, fire prevention and firefighting inspectors must still quickly go to the scene, grasp the situation, and report to their immediate superiors for consideration, guidance, and direction on handling.

b) Monitor and establish files for fires and explosions occurring at facilities and areas under their responsibility.

c) Cooperate in examining the scene, investigating the causes of fires and explosions as prescribed.

6. Implement record-keeping and reporting duties.

a) Carry out basic investigations to serve the establishment, classification, and management of records related to fire prevention and firefighting activities at assigned facilities and areas.

b) Update and retain legal documents, standards, and guidelines on fire prevention and firefighting; directives and guidance from higher authorities on assigned operational tasks; develop work programs, plans, and propose measures to implement key tasks.

c) Summarize situations, data, and prepare interim and final reports evaluating the results of specialized topics and industries; advise and propose appropriate fire prevention and firefighting measures for each management object.

7. Issue permits for transporting hazardous flammable and explosive materials and handle other administrative procedures as prescribed.

Article 12. Powers of Fire Prevention and Firefighting Inspectors

1. Impose administrative penalties or refer cases to competent authorities for imposing administrative penalties for violations of fire prevention and firefighting regulations.

2. Decide to temporarily suspend operations or recommend that competent authorities issue decisions to temporarily suspend operations of facilities, motorized vehicles, households, and individuals when these activities pose a direct risk of causing fires or explosions according to the law.

3. Request cooperation and support from agencies, units, organizations, and individuals when performing fire prevention and firefighting inspection tasks.

4. Mobilize personnel, equipment, and assets to participate in firefighting and firefighting services upon orders from firefighting commanders.

5. Other powers as prescribed by law.

Chapter III. IMPLEMENTATION 

Article 13. Effective Date

This Circular takes effect from January 11, 2014, and replaces Decision No. 107 C11/C23-P4 dated July 1, 1986, issued by the General Police Department accompanying the Regulation on the Work of Fire Prevention and Firefighting Technical Inspection Officers.

1. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and related agencies, units, and individuals are responsible for implementing this Circular.

1. The Director of the General Police Administration for Public Order and Social Security is responsible for directing, inspecting, and urging the implementation of this Circular.

2. The Fire Prevention and Firefighting Rescue Service Bureau is responsible for assisting the Director of the General Police Administration for Public Order and Social Security in implementing:

a) Monitoring, inspecting, and urging the implementation of this Circular.

b) Organizing training on fire prevention and firefighting inspection work.

c) Every five years, organizing inspections and evaluations of fire prevention and firefighting inspection work for fire prevention and firefighting inspectors under local public security organs nationwide.

3. Provincial Public Security Directors, municipal public security directors directly under the central government, and provincial Fire Prevention and Firefighting Departments are responsible for:

a) Directing and organizing fire safety inspections within their authority.

b) Developing plans to coordinate with relevant units in fire prevention and firefighting work.

c) Annually organizing training and inspections of fire prevention and firefighting inspectors under their management according to the training materials compiled by the Fire Prevention and Firefighting Rescue Service Bureau.

4. The Director of the General Police Administration, heads of units directly under the Ministry, Provincial Public Security Directors, and Municipal Public Security Directors are responsible for implementing this Circular.

During the implementation of this Circular, if any issues arise, public security units and localities should report to the Ministry of Public Security (through the General Police Administration for Public Order and Social Security) for timely guidance./.