Decree No. 78/2011/NĐ-CP on the coordination between the Ministry of Public Security and the Ministry of National Defense in organizing fire prevention and firefighting work for defense facilities.

 DECREE

REGULATIONS ON THE COORDINATION BETWEEN THE MINISTRY OF PUBLIC SECURITY AND THE MINISTRY OF NATIONAL DEFENSE IN THE ORGANIZATION AND IMPLEMENTATION OF FIRE PREVENTION AND FIGHTING WORK FOR NATIONAL DEFENSE FACILITIES

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Fire Prevention and Fighting dated June 29, 2001;

Considering the proposal of the Minister of Public Security and the Minister of National Defense,

DECREE:

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the coordination between the Ministry of Public Security and the Ministry of National Defense in organizing and implementing fire prevention and fighting work for national defense facilities as prescribed by the Law on Fire Prevention and Fighting.

Article 2. Applicability

This Decree applies to agencies, units, officers, soldiers, workers, and employees under the Ministry of Public Security and the Ministry of National Defense, and related organizations and individuals.

Article 3. Explanation of Terms

2. Self-generated and self-consumed electricity is electricity produced and consumed by an organization or individual to serve their own needs.

1. National defense facilities include facilities serving military purposes and facilities serving economic and social purposes organized, managed, and operated by the Ministry of National Defense.

2. Facilities serving military purposes are military facilities, secret military facilities, defense works, and military zones.

3. Facilities serving economic and social purposes are facilities organized, managed, and operated by the Ministry of National Defense according to the Enterprise Law.

4. Large fire means a fire with an area of 500 square meters or more and causing property damage exceeding three billion dong.² và gây thiệt hại tài sản trên 03 (ba) tỷ đồng.

5. Complex fire situation means during the fire process there are factors directly endangering human health and lives such as explosions, toxic substance leakage, radioactive material release, building collapse; fires occurring in places difficult to organize rescue operations (such as high-rise buildings, underground structures, etc.); fires with a risk of spreading and developing into large-scale fires causing serious casualties and property losses.

1. Ensuring timely coordination and direction from central to local investigative agencies to promptly resolve difficulties and obstacles in the work of investigating, prosecuting, and trying money laundering and terrorist financing offenses.

1. Adhere to legal regulations on fire prevention and fighting and be placed under the unified leadership of the Ministers of Public Security and National Defense, and the management and command of the heads at each level.

2. Ensure centralized and unified command, direction, and control based on the functions, tasks, authorities, and organizational structure of each Ministry as prescribed by the Government.

3. Ensure unity and close cooperation in directing and organizing the implementation of fire prevention and fighting work for national defense facilities.

Article 5. Funding for fire prevention and fighting activities of national defense facilities

1. Funding for fire prevention and fighting activities of national defense facilities shall be allocated in the annual state budget assigned to the Ministry of National Defense.

2. Consumable materials and policies for personnel participating in firefighting at national defense facilities shall be self-funded by the Ministry of National Defense and the Ministry of Public Security in accordance with the law.

Chapter II
CONTENTS OF COORDINATION IN THE ORGANIZATION AND IMPLEMENTATION OF FIRE PREVENTION AND FIGHTING WORK FOR NATIONAL DEFENSE FACILITIES

Article 6. Information on fire prevention and fighting

1. The Ministry of Public Security shall provide information to the Ministry of National Defense and direct competent agencies to provide relevant agencies of the Ministry of National Defense with information on:

a) State policies and measures for managing fire prevention and fighting work in each period;

b) Fire and explosion situations, results of handling violations of fire prevention and fighting regulations related to the Ministry of National Defense;

c) Current status and fire prevention and fighting situation at national defense facilities serving economic and social purposes;

d) Plans and scenarios for extinguishing large fires and explosions caused by hostile forces' plots and terrorist activities, requiring coordination among multiple forces including military participation for firefighting and rescue operations;

đ) Information on scientific and technological advancements in fire prevention and fighting, new tactics in firefighting.

2. The Ministry of National Defense shall provide information to the Ministry of Public Security and direct competent agencies to provide relevant agencies of the Ministry of Public Security with information on:

a) List of national defense facilities established and operating for economic and social purposes;

b) Statistics and reports on fire and explosion situations, causes, and damages from fires and explosions at national defense facilities as prescribed by the Law on Fire Prevention and Fighting; main firefighting equipment of the military;

c) Situation and results of fire prevention and fighting work, propaganda and dissemination of fire prevention and fighting laws and knowledge, organization of firefighting forces, and construction of fire prevention and fighting movements in national defense facilities;

d) Annual plans of military forces coordinating with public security forces in performing fire prevention and fighting tasks.

3. Information exchange must be timely, accurate, and specific in writing, carried out periodically and urgently by the central agencies responsible for fire prevention and fighting at both Ministries.

Article 7. Propaganda and dissemination of laws and knowledge on fire prevention and firefighting

1. The Ministry of Public Security shall be responsible for coordinating with the Ministry of National Defense to unify the contents of propaganda and dissemination of laws and knowledge on fire prevention and firefighting; training and instructing fire prevention and firefighting business skills for officers, non-commissioned officers, professional soldiers, warrant officers, soldiers, and civilian employees of the Ministry of National Defense.

2. The Ministry of National Defense shall take the lead and be responsible for directing subordinate units under the Ministry to organize the implementation of propaganda and dissemination of laws and knowledge on fire prevention and firefighting for defense facilities; training business skills for officers, non-commissioned officers, professional soldiers, warrant officers, soldiers, and civilian employees of the Ministry of National Defense; coordinating with the Fire Prevention and Fighting Police Force to organize inspections, examinations, and issue certificates of fire prevention and firefighting business training for trainees who meet the conditions as prescribed.

Article 8. Organization of forces and construction of mass movements on fire prevention and firefighting

1. The Ministry of Public Security shall be responsible for directing the Fire Prevention and Fighting Police Force to cooperate in organizing guidance on fire prevention and firefighting business skills for fire prevention and firefighting forces at defense facilities according to the unified plan.

2. The Ministry of National Defense shall take the lead and coordinate with the Ministry of Public Security to direct defense facilities to organize the construction of fire prevention and firefighting forces; build mass movements within defense facilities participating in fire prevention and firefighting activities; organize business skill training and equip fire prevention and firefighting equipment for fire prevention and firefighting forces of defense facilities.

Article 9. Review on fire prevention and firefighting

1. The Ministry of Public Security shall be responsible for directing the organization of review, inspection during construction, and acceptance regarding fire prevention and firefighting for defense facilities operating to serve economic and social purposes and special-purpose motor vehicles requiring particular fire safety guarantees manufactured or converted specifically for such purposes.

2. The Ministry of National Defense shall take the lead and coordinate with the Ministry of Public Security to organize the implementation of fire safety guarantees in investment construction management according to the Law on Fire Prevention and Fighting for defense facilities operating to serve military purposes and special-purpose motor vehicles requiring particular fire safety guarantees manufactured or converted specifically for such purposes by defense facilities.

3. The application of foreign standards and international standards on fire prevention and firefighting in the design and construction of defense facilities shall be carried out in accordance with Clause 3, Article 6 of Decree No. 35/2003/NĐ-CP dated April 4, 2003 of the Government detailing certain provisions of the Law on Fire Prevention and Fighting (hereinafter referred to as Decree No. 35/2003/NĐ-CP).

Article 10. Inspection on fire safety

1. The Ministry of Public Security shall take the lead and coordinate with the Ministry of National Defense to organize inspections on fire safety for defense facilities operating to serve economic and social purposes according to the regime and content stipulated in Article 19 of Decree No. 35/2003/NĐ-CP.

2. The Ministry of National Defense shall be responsible for directing the organization of implementation of:

a) Ensuring fire safety conditions in accordance with the Law on Fire Prevention and Fighting for defense facilities operating to serve military purposes and special-purpose motor vehicles operating to serve military purposes requiring particular fire safety guarantees;

b) Inspections on fire safety for defense facilities operating to serve military purposes according to the regime and content stipulated in Article 19 of Decree No. 35/2003/NĐ-CP. Each year, plans for coordinated inspections with the Ministry of Public Security on fire safety for these facilities shall be developed. To ensure national defense secrecy, participants in inspections must be decided by the competent authority of both Ministries.

Article 11. Issuance of Permits for Hazardous Goods Transportation

1. The Ministry of Public Security shall take the lead and direct the implementation of issuing permits for hazardous goods transportation using various types of motorized vehicles to serve economic and social activities within the scope of authority prescribed.

2. The Ministry of National Defense shall implement the issuance of permits for hazardous goods transportation using motorized vehicles of the Ministry of National Defense to serve military purposes, and coordinate with the Ministry of Public Security in ensuring fire and explosion safety.

Article 12. Fire Prevention Plan Development and Firefighting Drills

1. The Ministry of National Defense shall be responsible for directing and guiding defense facilities to develop fire prevention plans, establish and practice firefighting plans, and strictly manage during the implementation process; organize specific coordination with firefighting and rescue forces and firefighting forces of other units within the area of responsibility. Organize training and drills for approved firefighting plans.

2. The Ministry of Public Security shall be responsible for directing functional agencies of the Fire Prevention and Fighting Police Force to cooperate with defense facilities in developing fire prevention plans, establishing and practicing firefighting plans at defense facilities under their management.

3. The Ministry of National Defense shall take the lead in coordinating with the Ministry of Public Security to direct defense facilities to develop fire prevention plans, establish and implement firefighting plans in complex fire situations occurring at defense facilities.

Article 13. Authority to Approve Firefighting Plans

1. The Ministry of National Defense shall be responsible for directing subordinate defense units to approve firefighting plans for defense facilities according to the authority stipulated in current laws on fire prevention and fighting.

2. The Ministry of Public Security shall be responsible for directing the Fire Prevention and Fighting Police Department to approve firefighting plans for defense facilities within its jurisdiction when the plan involves mobilizing forces and equipment from multiple agencies and organizations.

3. For firefighting plans in complex fire situations occurring at defense facilities where mobilization of forces and equipment from localities, ministries, sectors, and other units is required, the competent authorities of both Ministries shall approve such plans. The Ministers of Public Security and National Defense shall specify and delegate the authority to approve firefighting plans as provided in this Clause.

Article 14. Firefighting in Defense Facilities

1. When a fire occurs at a defense facility serving economic and social activities or military purposes, the Fire Prevention and Fighting Police Force has the right to enter the facility to extinguish the fire according to the approved plan without requiring a request or consent from the head of the agency or the person authorized to represent the facility's head.

The facility where the fire occurs must provide full information, data, and details about the fire and related issues to the firefighting commander; simultaneously, appoint a person familiar with the terrain and well-versed in the characteristics of the burning facility to assist and guide measures to ensure safety for firefighting forces.

2. When a fire spreads or there is a risk of spreading from a defense facility serving military purposes to a civilian facility, the defense facility shall be responsible for cooperating with the affected civilian facility to extinguish the fire while immediately reporting to the local Fire Prevention and Fighting Police Force.

3. When the fire situation becomes complicated or poses a threat to the safety of firefighting forces and equipment, the head of the burning facility or the person authorized to represent them must inform the firefighting commander of the Fire Prevention and Fighting Police Force to promptly address the situation.

Article 15. Firefighting Command

1. In all cases, the highest-ranking official of the Fire Prevention, Firefighting, Rescue, and Disaster Relief Police force present at the fire scene shall be the firefighting commander. The head of the national defense facility that is on fire shall participate in the Firefighting Command Board and comply with the assignments of the firefighting commander.

2. In the case where the Fire Prevention, Firefighting, Rescue, and Disaster Relief Police force has not arrived at the fire scene in time or has not been requested to enter the national defense facility according to Clause 2 of Article 14 of this Decree, the authority to command firefighting shall be implemented in accordance with the provisions of Clause 2 of Article 37 of the Law on Fire Prevention and Fighting.

3. In the event that during firefighting operations, the firefighting commander finds that the fire is developing in a complex manner, directly threatening the safety of firefighting forces and equipment, the firefighting commander has the right to decide to stop firefighting activities and implement fire containment tasks.

Article 16. Mobilization of Forces, Equipment, and Assets for Firefighting

1. In the event of a large, complex fire or explosion at a national defense facility or outside such a facility, where the facility already has a coordinated firefighting plan involving multiple forces from various local agencies and organizations approved by the competent authority, mobilization shall be carried out according to that plan.

2. In the case of a large, complex fire or explosion occurring at a national defense facility that does not have a coordinated firefighting plan involving multiple forces, the mobilization of forces and equipment from other agencies, organizations, and facilities to participate in coordinated firefighting shall be conducted by the firefighting commander in accordance with the authority stipulated in Article 25 of Decree No. 35/2003/NĐ-CP.

3. In cases of large, complex fires or explosions occurring outside a national defense facility where the facility does not have a coordinated firefighting plan with multiple forces, the firefighting commander may mobilize forces and equipment from national defense facilities within their management area to participate in firefighting. When receiving orders to mobilize forces and equipment for firefighting, the head of the national defense facility must immediately comply or report to the competent authority to organize implementation. If it is necessary to mobilize forces and equipment from the military outside their management area, the Director of Public Security of the province or centrally-administered city, the Director of the Fire Prevention, Firefighting, Rescue, and Disaster Relief Police Bureau, and the Director of the Provincial Fire Prevention, Firefighting, Rescue, and Disaster Relief Police Department shall report to the Minister of Public Security and the Minister of National Defense for decision.

Article 17. Provision and Management of Fire Prevention and Firefighting Equipment

1. The Ministry of National Defense shall take the lead in directing, guiding, and organizing inspections for the provision and management of fire prevention and firefighting equipment in national defense facilities in accordance with current standards and regulations on fire prevention and firefighting.

2. The Ministry of Public Security shall be responsible for coordinating with the Ministry of National Defense to guide the provision of fire prevention and firefighting equipment to ensure suitability and effectiveness.

Article 18. Research and Application of Science and Technology for Fire Prevention and Firefighting

1. The Ministry of National Defense shall take the lead and coordinate with the Ministry of Public Security to direct relevant agencies and units under both Ministries to organize research and application of science and technology for fire prevention and firefighting to serve military purposes.

2. The Ministry of Public Security shall coordinate with the Ministry of National Defense to direct relevant agencies and units under both Ministries to organize research and application of science and technology for fire prevention and firefighting to serve military purposes when requested by the Ministry of National Defense.

Chapter III
IMPLEMENTING PROVISIONS

Article 19. Effective Date

This Decree takes effect from October 20, 2011.

Article 20. Responsibility for Implementation

1. The Minister of Public Security and the Minister of National Defense shall be responsible for organizing the implementation and guiding and inspecting the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government shall be responsible for enforcing this Decree./.