Decree No. 83/2017/ND-CP on rescue and firefighting operations of fire prevention and fighting forces

DECREE

Regulations on rescue and firefighting operations of firefighting forces
Firefighting forces

Pursuant to the Law on Government Organization dated June 19, 2015;

Based on the Law on Fire Prevention and Fighting dated June 29, 2001; the Law Amending and Supplementing Certain Provisions of the Law on Fire Prevention and Fighting dated November 22, 2013;June 2024;Based on the Law on Acquisition and Compulsory Use of Property dated June 3, 2008;

Based on Circular No. 97/UBTVQH14-QPAN dated April 3, 2017 of the Standing Committee of the National Assembly regarding the issuance of the Decree on regulations for rescue and firefighting operations ofconcerning the classification and determination of state management authority in the field of crop productionfirefighting forces;

1. The Deputy Minister of Public Security responsible for the traffic police force shall be the head of the Criminal Police Investigation Department under the Ministry of Public Security.

The Government issues this Decree on regulations for rescue and firefighting operations of firefighting forces. lThis Decree stipulates the deployment of forces and rescue activities of firefighting forces; principles, coordination relationships, assurance conditions, and responsibilities of relevant agencies, organizations, households, and individuals.

The Government promulgates this Decree on regulations regarding entry, exit, and residence policies for foreigners at the International Financial Center in Vietnam.

This Decree applies to agencies, organizations, households, and individuals operating or residing within the territory of Vietnam; in cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions, such treaties shall apply.June 2024;1. Rescue refers to the activity of saving people from danger threatening their health and lives due to accidents or incidents, including: Detecting, locating, opening access routes to victims, deploying rescue equipment, tools, and personnel; identifying, preventing, and eliminating factors threatening the lives and health of victims and rescue personnel; advising initial medical measures and first aid; removing victims from dangerous locations and other measures to ensure their safety.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

2. Salvage refers to the activity of saving means of transport and property from danger due to accidents or incidents, including: Detecting, locating, opening access routes to damaged means of transport and property, deploying rescue equipment, tools, and personnel; identifying, preventing, and eliminating factors threatening the safety of means of transport and property and the health and lives of rescue personnel; removing means of transport and property from dangerous locations and other measures to ensure their safety.

Article 2. Applicability

3. Accidents and incidents refer to events caused by natural phenomena, human actions, or animals that infringe upon or threaten the lives and health of people, causing damage or destruction to means of transport and property, or threatening their safety.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

4. Preventing accidents and incidents involves activities aimed at eliminating causes and conditions leading to accidents and incidents, including: Propaganda, dissemination, and education on laws and skills for prevention and escape; reviewing and inspecting conditions ensuring safety for people, means of transport, equipment, and property in buildings, structures, means of transport, and equipment; monitoring, inspecting, supervising, and handling violations related to ensuring safety conditions and preventing and combating accidents and incidents; developing plans and organizing drills for rescue and salvage operations; training, instructing, and enhancing professional skills in rescue and salvage.

5. Facilities refer to a general term for companies, factories, enterprises, warehouses, workplaces, hospitals, schools, theaters, hotels, markets, shopping centers, military camps, and other structures.

Article 4. Principles of rescue and firefighting operations

1. Prioritize rescuing victims; immediately implement measures to ensure the safety of lives, health, means of transport, and property of victims and rescue personnel.

2. Ensure rapid, timely, effective, and unified command and control in rescue and firefighting operations.

3. Rely primarily on local forces and equipment, with specialized forces as the core, mobilizing all forces and the public to participate in rescue and firefighting operations.

1. Prioritize rescuing victims; immediately implement measures to ensure the safety of lives, health, means of transportation, property of the victims, and the rescue forces.

2. Ensure rapid, timely, effective, and unified command and control of rescue operations.

3. Rely primarily on local forces and means, with specialized forces as the core, mobilizing all forces and the public to participate in rescue operations.

Article 5. Scope of rescue and firefighting operations

1. The firefighting and rescue force shall carry out rescue and firefighting work for the following incidents and accidents:

a) Fire incidents and accidents;

b) Explosion incidents and accidents;

c) Collapsed building, construction, equipment, machinery, tree incidents and accidents;

d) Landslide incidents and accidents;

đ) Incidents and accidents where people are trapped in buildings; constructions; at heights; in depths; in equipment; in caves, tunnels; underground constructions;

e) Road traffic, railway, inland waterway traffic incidents and accidents when requested;

g) Drowning incidents and accidents in rivers, streams, waterfalls, lakes, ponds, wells, deep water pits, bathing beaches;

h) Tourist area, entertainment area incidents and accidents;

i) Other incidents and accidents as prescribed by law.

2. The incidents and accidents specified in Clause 1 of this Article are those that have not reached the level prescribed in Point d, Clause 3, Article 6 of Decree No. 30/2017/NĐ-CP dated March 21, 2017 of the Government on organization, operation of emergency response to incidents, natural disasters, and search and rescue (hereinafter referred to as Decree No. 30/2017/NĐ-CP); rescue and firefighting in the field of road traffic and railway traffic shall be carried out in accordance with the provisions of Decree No. 12/2017/NĐ-CP dated February 10, 2017 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Transport; rescue and firefighting on inland waterways, inland waterway ports, port waters, and seaports shall be carried out in accordance with the regulations of the Prime Minister.

Article 6. Prohibited Acts

1. Causing incidents and accidents, endangering human lives and health, vehicle safety, and property for personal gain.

2. Obstructing and opposing preventive activities and rescue and firefighting operations.

3. Intentionally reporting false information about incidents and accidents.

4. Destroying, intentionally damaging, arbitrarily changing, or moving rescue and firefighting vehicles, equipment, signs, and guidance markers.

5. Exploiting rescue and firefighting work to infringe upon the interests of the State, the rights, and legitimate interests of agencies, organizations, establishments, households, and individuals.

Chapter II
PREVENTION OF INCIDENTS AND ACCIDENTS AND RESCUE AND FIREFIGHTING WORK
PREPARATION FOR RESCUE AND FIREFIGHTING

Article 7. Propaganda, dissemination, and education on rescue and firefighting knowledge

1. Information and communication agencies shall organize propaganda and dissemination of laws and rescue and firefighting knowledge widely and regularly to the entire population.

2. Heads of agencies, organizations, establishments, and households shall be responsible for organizing propaganda, education, and dissemination of laws and rescue and firefighting knowledge suitable for each management object.

3. The Ministry of Education and Training shall take the lead and coordinate with the Ministry of Public Security to build and review the content and duration of disseminating basic knowledge and skills on rescue and firefighting suitable for each age group of students and trainees to integrate into teaching programs and extracurricular activities in schools and other educational institutions in accordance with the Law on Popularizing and Educating the Law.

4. The Police Fire Prevention, Firefighting, and Rescue Force shall organize propaganda and guidance on rescue and firefighting knowledge, build a mass movement to participate in rescue and firefighting; the grassroots firefighting and firefighting force, specialized firefighting and firefighting force shall organize propaganda and guidance on rescue and firefighting knowledge for cadres, civil servants, employees, workers in establishments; the civilian defense force shall organize propaganda and guidance on rescue and firefighting knowledge, mobilize the people to participate in rescue and firefighting in their localities.

Article 8. Prevention of accidents for buildings, works, locations, means of transport, and equipment

1. Preventive measures against accidents include:

a) For buildings, works, means of transport, and equipment, active preventive measures against accidents must be implemented during construction, use, and repair according to construction standards, traffic regulations, fire prevention and firefighting standards, and other relevant legal provisions.

b) In areas prone to drowning, falling into ravines, deep pits, or other dangerous slip and fall points, warning signs of danger or prohibitory signs must be placed, or safety measures must be taken to ensure safety.

c) In areas where smoke or toxic gases accumulate, warning signs or prohibitory signs must be placed.

d) When operating in areas or locations prone to landslides, warning signs or prohibitory signs must be placed, or safety measures must be taken to ensure safety.

đ) Places storing hazardous chemicals must arrange, organize, and implement safety measures to prevent fires, explosions, and leaks according to technical standards and norms.

e) Passenger vehicles engaged in transportation business must have protective and rescue equipment, and when participating in traffic, they must comply with legal provisions on ensuring traffic order and safety.

g) Facilities with fire and explosion risks, and mechanical transportation means requiring special safety measures for fire prevention and firefighting must be equipped with firefighting and rescue equipment, emergency exits, and safety measures as prescribed by law.

h) For other works, means of transport, and equipment, it is necessary to equip rescue and first aid equipment, organize emergency exits, and appropriate safety measures suitable for their operational conditions.

2. The heads of facilities, owners of means of transport, People's Committees of communes, wards, towns within their scope of duties and powers are responsible for organizing the implementation of the preventive measures stipulated in Clause 1 of this Article.

Article 9. Construction, practice, and drill of rescue plans and plans of firefighting forces

1. Rescue plans must meet the following basic requirements and contents:

a) Describe the nature and characteristics of dangers when accidents occur and related conditions affecting rescue operations;

b) Propose the most complex accident scenarios and some typical accident scenarios that may occur; subsequent dangers that may arise from accidents at different levels;

c) Propose a plan for mobilizing and using forces, means, command organization, technical and tactical rescue measures, and support activities for rescue operations suitable for each stage of the accident scenario.

2. Building a plan to implement rescue operations

The plan to implement rescue operations includes the following basic contents:

a) Preparation of rescue operation forces;

b) Preparation of rescue equipment suitable for the characteristics of agencies, organizations, facilities, and localities;

c) Assignment of tasks and coordination mechanisms to organize responses to possible accident scenarios;

d) Funding to ensure rescue operations;

đ) Supervision and inspection of the organization and implementation.

3. Responsibility for building rescue plans and plans

a) Chairmen of People's Committees at all levels and heads of facilities are responsible for organizing and directing the construction of rescue plans within their management scope as provided for in Clause 1, Article 13 of this Decree (facility rescue plans);

b) Firefighting and rescue agencies are responsible for constructing rescue plans as provided for in Clause 2, Article 13 of this Decree (rescue plans of firefighting and rescue agencies).

4. Rescue plans and plans are timely supplemented and revised when there are changes in the nature and characteristics of potential accidents and related conditions affecting rescue operations.

5. Rescue plans and plans constructed as provided for in point a, Clause 3 of this Article shall be filed and copies sent to firefighting and rescue agencies; rescue plans and plans constructed as provided for in point b, Clause 3 of this Article shall be managed by firefighting and rescue agencies.

6. System and responsibility for organizing practice and drills of rescue plans

a) Rescue plans constructed as provided for in point a, Clause 3 of this Article shall be organized for practice and drills at least once every two years and unexpectedly when required;

b) Rescue plans constructed as provided for in point b, Clause 3 of this Article shall be organized for practice and drills at least once a year and unexpectedly when required;

c) Heads of agencies, organizations, facilities, and Chairmen of People's Committees at all levels are responsible for organizing practice and drills of rescue plans within their management scope;

d) Chiefs of firefighting and rescue agencies are responsible for organizing practice and drills of rescue plans within their management scope.

7. Firefighting and rescue agencies are responsible for guiding, inspecting, and urging the construction, practice, and drill of rescue plans.

8. Authority to approve rescue plans

a) Chairmen of People's Committees at all levels and heads of facilities are responsible for approving facility rescue plans;

b) For rescue plans of firefighting and rescue agencies:

- The Head of the Fire Prevention, Firefighting, Rescue and Relief Police Department at the provincial level approves the rescue and relief plan using forces, means, and equipment of the Fire Prevention, Firefighting, Rescue and Relief Police within their jurisdiction; in cases where other police forces' forces, means, and equipment are mobilized, the rescue and relief plan shall be approved by the Director of the Provincial Public Security; in cases where forces, means, and equipment from agencies and organizations on the local area are mobilized, the rescue and relief plan shall be approved by the Chairman of the People's Committee at the same level.

- The Head of the Fire Prevention and Firefighting Police Department at the provincial level approves the rescue and relief plan using forces, means, and equipment of the Fire Prevention, Firefighting, Rescue and Relief Police within their jurisdiction; in cases where other police forces' forces, means, and equipment, or those from agencies and organizations under the management of the district-level People's Committee are mobilized, the rescue and relief plan shall be approved by the Chairman of the District People's Committee.

- The Director of the Fire Prevention and Firefighting Police Department at the provincial level approves the rescue and relief plan using forces, means, and equipment of subordinate Fire Prevention, Firefighting, Rescue and Relief Police units; in cases where other police forces' forces, means, and equipment, or those from agencies and organizations under the management of the provincial-level People's Committee are mobilized, the rescue and relief plan shall be approved by the Chairman of the Provincial People's Committee or the person authorized by them.

- The Director of the Fire Prevention, Firefighting, Rescue and Relief Police Bureau approves the rescue and relief plan involving the mobilization of forces, means, and equipment of firefighting, rescue and relief forces and police from multiple provinces and centrally-administered cities.

Article 10. Preparation of Forces, Means, and Equipment for Rescue and Relief

1. The Fire Prevention, Firefighting, Rescue and Relief Police organizes forces, means, and equipment to be ready for rescue and relief operations 24/24 hours.

2. Specialized fire prevention and firefighting forces arrange forces, means, and equipment to be ready for rescue and relief operations 24/24 hours.

3. Basic fire prevention and firefighting forces, civilian defense forces prepare forces, means, and equipment to be ready to participate in rescue and relief operations when required.

Article 11. Training, Upgrading, Instruction, and Guidance on Knowledge about Rescue and Relief

1. Fire Prevention, Firefighting, Rescue and Relief Police forces must be trained, upgraded, and instructed on laws, professional skills in rescue and relief, advisory skills for initial medical measures and first aid for victims, and necessary skills in using rescue and relief equipment and tools.

Specialized fire prevention and firefighting forces, basic fire prevention and firefighting forces, and civilian defense forces are upgraded and instructed on necessary laws and professional skills related to rescue and relief.

Individuals and households residing in communes, wards, and towns are guided on escape skills and essential knowledge about rescue and relief.

2. Responsibilities for Organizing and Implementing Training, Upgrading, and Instruction on Rescue and Relief Skills

a) Training for rescue and relief work for fire prevention and firefighting forces is conducted by the University of Fire Prevention and Firefighting and educational institutions with the necessary conditions.

b) The Fire Prevention, Firefighting, Rescue and Relief Police Bureau of the Ministry of Public Security upgrades and instructs professional skills in rescue and relief for Fire Prevention, Firefighting, Rescue and Relief Police forces, rescue and relief forces throughout the National Public Security Force, specialized fire prevention and firefighting forces, basic fire prevention and firefighting forces, and other forces upon request.

c) The Fire Prevention, Firefighting, Rescue and Relief Police Department and the Provincial Public Security upgrade and instruct professional skills in rescue and relief for Fire Prevention, Firefighting, Rescue and Relief Police forces under their management, civilian defense forces, basic fire prevention and firefighting forces, and other forces upon request.

d) Commune, Ward, and Town People's Committees (referred to collectively as commune-level committees) are responsible for organizing guidance on escape skills and essential knowledge about rescue and relief for civilian defense forces and individuals and households in their areas.

e) Heads of agencies, organizations, and facilities are responsible for organizing upgrading and instruction on rescue and relief skills for specialized fire prevention and firefighting forces and basic fire prevention and firefighting forces.

3. Duration of Upgrading and Instruction on Professional Skills in Rescue and Relief

a) The duration of upgrading and instruction on professional skills in rescue and relief for Fire Prevention, Firefighting, Rescue and Relief Police forces is stipulated by the Minister of Public Security.

b) The duration of upgrading and instruction on professional skills in rescue and relief for other fire prevention and firefighting forces:

- Initial training in rescue and relief skills lasts from 32 to 48 hours;

- Annual supplementary upgrading on rescue and relief skills lasts a minimum of 16 hours;

- Refresher training to obtain a certificate of instruction in rescue and relief skills after the expiration of the current certificate lasts a minimum of 32 hours.

4. Funding for Upgrading and Instruction Classes on Professional Skills in Rescue and Relief

5. Application Documents for Issuance of a Certificate of Instruction in Professional Skills in Rescue and Relief

a) For agencies, organizations, and facilities, the application includes:

- A request letter;

- An extract of personal history and health examination certificates issued by health facilities at the district level or higher for those registering for the training course.

b) For individuals who wish to undergo training and obtain a certificate of instruction in professional skills in rescue and relief, the application includes:

- A request for training in rescue and relief skills;

- A resume;

- A health examination certificate issued by health facilities at the district level or higher.

6. Procedures for Issuing, Renewing, and Reissuing Certificates of Instruction in Professional Skills in Rescue and Relief

a) Individuals who complete the upgrading and instruction program in rescue and relief skills and pass the assessment will be issued a certificate.

b) In the case where the certificate of rescue and firefighting training is damaged, it shall be replaced; if lost, it shall be reissued.

The time limit for issuing, replacing, or reissuing the certificate of rescue and firefighting training is five working days from the date of receiving the satisfactory examination results or from the date of receiving the request for replacement or reissue.

7. The certificate of rescue and firefighting training is issued by the competent authority of the Fire Prevention, Firefighting, Rescue and Search and Rescue Police Department and is valid nationwide for a period of five years from the date of issuance. After this period, refresher training must be completed to obtain a new certificate, except in cases where annual supplementary training has been conducted in accordance with point b, Clause 3, Article of this Law.

8. The Minister of Public Security shall specify the program and content of supplementary training and rescue and firefighting training.

Article 12. Inspection of Conditions Ensuring Safety in Rescue and Firefighting

1. The Chairpersons of People's Committees at all levels, heads of agencies, organizations, and facilities within their functions, tasks, and powers have the responsibility to periodically or unexpectedly self-inspect conditions ensuring safety against fire, explosion, accidents, and other incidents, as well as conditions, measures, plans, and programs for rescue and firefighting.

2. The Fire Prevention, Firefighting, Rescue and Search and Rescue Police Department within its functions, tasks, and powers and in accordance with this Decree shall have the responsibility to periodically or unexpectedly inspect conditions ensuring safety against fire, explosion, accidents, and other incidents, as well as conditions, measures, plans, and programs for rescue and firefighting for entities under its management.

3. Inspections stipulated in Clause 1 and Clause 2 of this Article must be recorded in minutes and filed; in cases where violations, weaknesses, or deficiencies are discovered through inspections, they must be handled according to the provisions of the law and corrective measures, plans, deadlines, and commitments must be required.

4. Entities, organizations, and facilities subject to inspection have the responsibility to implement the requirements of the inspection agency as stipulated in Clause 3 of this Article.

Chapter III
RESCUE AND FIREFIGHTING ACTIVITIES

Article 13. Allocation of Responsibilities for Rescue and Firefighting Work

1. Upon occurrence of an incident or accident, individuals, households, facilities, agencies, organizations, civilian defense forces, basic-level firefighting forces, and specialized firefighting forces have the responsibility to organize rescue and firefighting operations themselves while reporting the development of the incident or accident to the Fire Prevention, Firefighting, Rescue and Search and Rescue Police Department. If the incident or accident becomes complex and exceeds their capacity, they must request the Fire Prevention, Firefighting, Rescue and Search and Rescue Police Department to handle it.

2. The Fire Prevention, Firefighting, Rescue and Search and Rescue Police Department has the responsibility to organize rescue and firefighting operations when the incident or accident exceeds the capacity of the forces specified in Clause 1 of this Article.

3. When the incident or accident exceeds the rescue and firefighting capacity of the forces specified in Clauses 1 and 2 of this Article, the National Steering Committee for Disaster Response and Search and Rescue shall be responsible for coordinating rescue and firefighting operations.

Article 14. Information System, Reception, and Handling of Reports on Rescue and Firefighting

1. Information about incidents or accidents requiring rescue and firefighting must be promptly reported to the forces specified in Article 23 of this Decree or the Fire Prevention, Firefighting, Rescue and Search and Rescue Police Department via telephone number 114 or the nearest local authorities or police station.

2. Upon receipt of reports of incidents or accidents requiring rescue and firefighting, the receiving agency as stipulated in Clause 1 of this Article shall process the information to organize rescue and firefighting operations in accordance with Article 13 of this Decree and record the report in the logbook.

Article 15. Mobilization of forces, means, and assets to participate in rescue and relief operations

1. Authority to mobilize forces, means, and assets of agencies, organizations, facilities, and individuals to participate in rescue and relief operations, except for persons, means, and assets of diplomatic representative agencies, consular agencies, representative agencies of international organizations, and persons enjoying diplomatic or consular privileges and immunities:

a) The Chairperson of People's Committees at all levels may mobilize forces, means, and assets of agencies, organizations, facilities, and individuals within their administrative jurisdiction;

b) The head of local fire prevention, firefighting, and rescue agencies may mobilize forces, means, and assets of fire prevention, firefighting, and rescue forces under their command, civilian defense forces, facility-based fire prevention and firefighting forces, specialized fire prevention and firefighting forces within their administrative jurisdiction, and those of other agencies, organizations, and individuals when deemed necessary;

c) The Director of the Fire Prevention, Firefighting, and Rescue Police Department may mobilize fire prevention, firefighting, and rescue forces, civilian defense forces, facility-based fire prevention and firefighting forces, specialized fire prevention and firefighting forces, and those of other agencies, organizations, and individuals when deemed necessary.

2. When mobilized to participate in rescue and relief operations, agencies, organizations, facilities, and individuals must comply immediately.

3. Requests for mobilization of persons, means, and assets to participate in rescue and relief operations shall be made orally or in writing. In cases of oral mobilization, the agency that mobilized the persons, means, and assets must issue a written notice about the mobilization to the mobilized agencies, organizations, facilities, and individuals immediately after the urgent situation ends.

4. Means and assets mobilized for rescue and relief operations must be returned immediately upon completion of the rescue and relief operations; in cases of loss or damage, compensation shall be provided according to the provisions of the Law on Purchase and Seizure of Assets.

Article 16. Commander of rescue and relief operations

1. For fire prevention, firefighting, and rescue forces, the commander of rescue and relief operations must be the highest-ranking person from the team command level or higher, or a person authorized by the highest-ranking person of the fire prevention, firefighting, and rescue agency present at the accident site.

2. In cases where an accident occurs before the arrival of the fire prevention, firefighting, and rescue agency, the commander of rescue and relief operations shall be designated as follows:

a) When an accident occurs at an agency, organization, or facility, the head of that agency, organization, or facility shall be the commander of rescue and relief operations; if the head is absent, the commander shall be the Team Leader of the Facility-Based Fire Prevention and Firefighting Team or a person authorized to act as the commander of rescue and relief operations;

b) When an accident occurs in a commune-level administrative area, the Chairman of the Commune People's Committee shall be the commander of rescue and relief operations; if this person is absent, the Team Leader of the Civilian Defense Team or a person authorized to act as the commander of rescue and relief operations;

c) The Team Leader of the Specialized Fire Prevention and Firefighting Team shall be responsible for commanding rescue and relief operations for accidents within their management scope;

d) The head of a dedicated rescue and relief unit shall be responsible for commanding rescue and relief operations for accidents within their management scope.

3. When the fire prevention, firefighting, and rescue force arrives at the accident site, the commander of rescue and relief operations designated in Clause 2 of this Article shall transfer command authority to the commander of the fire prevention, firefighting, and rescue unit.

Article 17. Duties and Authorities of Commanders for Rescue and Relief Operations of Fire Prevention and Fighting Forces

1. Organize and command rescue and relief forces and other forces participating in rescue and relief operations at the scene.

2. Establish a Rescue and Relief Command Board when deemed necessary and assign tasks to its members.

3. Mobilize forces, means, and assets within their authority; decide and organize the demolition of houses, constructions, obstacles, movement of means, and assets; decide and organize the implementation of measures and activities prescribed in Clause 1 and Clause 2, Article 3 of this Decree.

4. Implement information and reporting systems to competent authorities regarding the situation, development, and results of rescue and relief operations.

5. Carry out political and ideological work and organize logistical and technical support services for rescue and relief operations.

6. Decide on the termination of rescue and relief operations.

7. Organize lessons learned from rescue and relief operations; provide information about incidents, accidents, and rescue and relief activities.

Article 18. Responsibilities for Coordination in Rescue and Relief Operations

Forces participating in rescue and relief operations have the responsibility to coordinate closely, propose timely and effective rescue and relief measures; comply with directives and command during rescue and relief operations.

Article 19. Priority and Assurance of Priority Rights for People and Means Mobilized for Rescue and Relief Operations

1. Traffic means of fire prevention, firefighting, and rescue organizations may issue priority signals according to the law. People and traffic means must quickly yield the way upon seeing the priority signal of means performing rescue and relief duties.

2. Mechanized traffic means of organizations and individuals mobilized for rescue and relief duties enjoy priority rights in the rescue and relief area; they are prioritized through bridges, ferries, and exempted from tolls on roads.

3. Traffic police and other forces responsible for maintaining traffic order and safety must ensure that rescue and relief forces and means can circulate as quickly as possible.

Article 20. Flags, Signs, and Strips Used in Rescue and Relief Operations of Fire Prevention and Fighting Forces

1. Rescue and relief flags, Command Board flags.

2. Command strips for rescue and relief.

3. Warning signs and boundary strips for rescue and relief areas.

4. Signs for rescue and relief areas.

Article 21. Emergency Situations Justifying the Decision to Demolish Houses, Constructions, Obstacles, and Move Assets During Rescue and Relief Operations

When it is necessary to open access routes to victims, arrange rescue and relief forces, means, equipment, and tools, or prevent and eliminate factors threatening the lives and health of victims and rescue and relief forces without any other alternative, houses, constructions, obstacles, and assets may be demolished and moved.

Article 23. Rescue and Relief Operations in Premises of Diplomatic Missions, Consular Offices, International Organization Representative Offices, and Residences of Their Members

1. Vietnamese Fire Prevention, Firefighting, and Rescue Forces may enter the premises of the following offices for rescue and relief operations upon request or with the consent of the heads or authorized persons of these offices:

a) Premises of diplomatic missions;

b) Premises of consular offices of countries that have concluded consular agreements with Vietnam, which stipulate that local authorities may only enter consular premises with the consent of the head of the consular office, the head of the diplomatic mission sending the consul, or a person authorized by either of them;

c) Premises of international organization representative offices under the United Nations system;

d) Premises of intergovernmental international organization representative offices outside the United Nations system where bilateral treaties between Vietnam and such organizations specify that local authorities may only enter organizational premises with the consent of the head of the organization or a person authorized by them.

2. Vietnamese Fire Prevention, Firefighting, and Rescue Forces may enter the premises of consular offices and international organization representative offices not covered by Clause 1 of this Article for rescue and relief operations without requiring a request or consent from the heads or authorized persons of those offices.

3. Vietnamese Fire Prevention, Firefighting, and Rescue Forces may enter the residences of the following individuals for rescue and relief operations upon request or with their consent:

a) Residences of foreign diplomats, family members of foreign diplomats who are not Vietnamese citizens; administrative and technical staff and their families who are not Vietnamese citizens or permanent residents in Vietnam;

b) Residences of foreign consular officers who are not Vietnamese citizens or permanent residents in Vietnam; if there is a consular agreement between Vietnam and the country sending the consular officer stipulating that local authorities may only enter the residence of the consular officer with the consent of the head of the consular office, the head of the diplomatic mission sending the consular officer, or a person authorized by either of them.

4. Vietnamese Fire Prevention, Firefighting, and Rescue Forces may enter the residences of members of consular offices and international organization representative offices not covered by Clause 3 of this Article for rescue and relief operations without requiring a request or consent from those members.

5. The Ministry of Foreign Affairs shall notify the Ministry of Public Security of the entities specified in points b, c, d of Clause 1 and point b of Clause 3 of this Article.

Chapter IV
DUTIES, AUTHORITY AND FORCE DEPLOYMENT
RESCUE AND RELIEF

Article 23. Firefighting and rescue forces perform rescue and emergency response operations

1. Fire police rescue forces.

2. Specialized firefighting and rescue forces.

3. Basic firefighting and rescue forces.

4. Civil defense forces.

Article 24. Tasks and powers of fire police rescue forces in rescue and emergency response operations

1. At the central level:

a) Assist the Minister of Public Security in state management of rescue and emergency response operations within their authority;

b) Advise on policies, laws, and measures to prevent accidents and conduct rescue and emergency response operations;

c) Direct firefighting and rescue forces to implement preventive measures and organize rescue and emergency response operations;

d) Command and control rescue and emergency response operations when mobilizing personnel and equipment from firefighting and rescue forces of multiple provinces and centrally-administered cities;

e) Guide propaganda, dissemination, education on laws, knowledge, and skills for rescue and emergency response operations; build mass participation in rescue and emergency response operations; establish and organize drills for rescue and emergency response plans;

f) Organize training, develop forces, and implement policies and benefits for fire police rescue forces; guide laws and professional skills for firefighting and rescue forces and public security agencies at all levels;

g) Inspect, audit, resolve complaints and accusations, and handle violations of laws related to rescue and emergency response operations according to the law;

h) Implement international cooperation in rescue and emergency response operations;

i) Conduct statistics on accidents, incidents, and rescue and emergency response operations;

j) Summarize, conclude, organize research, disseminate, and apply science and technology in rescue and emergency response operations.

2. At the provincial level:

a) Assist the Chairman of the People's Committee at the same level in state management of rescue and emergency response operations within their authority;

b) Advise on policies, laws, and measures to prevent accidents and conduct rescue and emergency response operations;

c) Direct firefighting and rescue forces under their jurisdiction to implement preventive measures and organize rescue and emergency response operations;

d) Command and control rescue and emergency response operations when mobilizing personnel and equipment from firefighting and rescue forces of multiple districts, towns, and cities within the province (referred to collectively as district level);

e) Serve as the point of contact for receiving and processing information about incidents requiring rescue and emergency response operations; carry out rescue and emergency response operations for incidents occurring within and outside the administrative area when mobilized;

f) Guide propaganda, dissemination, education on laws, knowledge, and skills for rescue and emergency response operations; build mass participation in rescue and emergency response operations within the administrative area;

g) Organize training, develop forces, and implement policies and benefits for fire police rescue forces under their jurisdiction; guide laws and professional skills for preventing incidents and conducting rescue and emergency response operations for firefighting and rescue forces within their management scope and public security agencies at the district level; establish and organize drills for rescue and emergency response plans;

h) Inspect, audit, resolve complaints and accusations, and handle violations of laws related to rescue and emergency response operations according to the law;

i) Conduct statistics on accidents, incidents, and rescue and emergency response operations;

i) Summarize, conclude, organize research, disseminate, and apply science and technology in rescue and emergency response operations;

j) Implement international support in rescue and emergency response operations when requested.

3. At the district level:

a) Assist the Chairman of the People's Committee at the same level in state management of rescue and emergency response operations within their authority;

b) Advise on policies, laws, and measures to prevent accidents and conduct rescue and emergency response operations;

c) Direct firefighting and rescue forces under their jurisdiction to implement preventive measures and organize rescue and emergency response operations;

d) Command and control rescue and emergency response operations when mobilizing personnel and equipment from firefighting and rescue forces at the commune level;

e) Serve as the point of contact for receiving and processing information about incidents requiring rescue and emergency response operations; carry out rescue and emergency response operations for incidents occurring within and outside the administrative area when mobilized;

f) Guide propaganda, dissemination, education on laws, knowledge, and skills for rescue and emergency response operations; build mass participation in rescue and emergency response operations within the administrative area;

g) Organize training, develop forces, and implement policies and benefits for rescue and emergency response operations; guide laws and professional skills for preventing incidents and conducting rescue and emergency response operations for firefighting and rescue forces within their management scope and public security agencies at the commune level; establish and organize drills for rescue and emergency response plans;

h) Inspect, audit, resolve complaints and accusations, and handle violations of laws related to rescue and emergency response operations according to the law;

i) Conduct statistics on accidents, incidents, and rescue and emergency response operations;

i) Summarize and conclude on rescue and emergency response operations.

Article 25. Deployment of rescue and firefighting forces of the Fire Prevention, Firefighting, Rescue Police

1. At the Ministry of Public Security:

- The rescue and firefighting force of the Fire Prevention, Firefighting, and Rescue Police Bureau;

- The rescue and firefighting force of the Rescue and Firefighting Operations Department;

- The rescue and firefighting force of the Firefighting and Rescue Emergency Response Center;

- The rescue and firefighting force of the Firefighting and Rescue Training Center.

2. At provincial public security agencies and fire prevention and firefighting police:

a) The rescue and firefighting force of provincial public security agencies:

- The Rescue and Firefighting Police Team, Group;

- The rescue and firefighting force of the Fire Prevention, Firefighting, and Rescue Police Department.

b) The rescue and firefighting force of provincial fire prevention and firefighting and rescue police:

- The Rescue and Firefighting Police Team, Group;

- The Rescue and Firefighting Department;

- The rescue and firefighting force of the provincial fire prevention and firefighting police.

Article 26. Standing rescue and firefighting forces

The Fire Prevention, Firefighting, and Rescue Police force is the standing rescue and firefighting force under this Decree.

Article 27. Tasks and powers of specialized fire prevention and firefighting forces and grassroots fire prevention and firefighting forces in rescue and firefighting

1. Assist the head of the entity to manage rescue and firefighting within their authority.

2. Implement preventive measures and organize rescue and firefighting operations.

3. Carry out rescue and firefighting operations for incidents and accidents within their management scope and when mobilized.

4. Promote, disseminate, and educate on laws, knowledge, and rescue and firefighting skills within their management scope.

5. Train, propose policies and systems related to rescue and firefighting; establish and organize drills and simulations of rescue and firefighting plans.

6. Conduct statistics on incidents, accidents, and rescue and firefighting operations.

7. Summarize and conclude on rescue and firefighting operations.

Article 28. Tasks and powers of civilian defense forces in rescue and firefighting

1. Assist the Chairman of the People's Committee at the commune level to implement rescue and firefighting, establish and organize drills and simulations of rescue and firefighting plans within their authority.

2. Implement preventive measures and organize rescue and firefighting operations.

3. Carry out rescue and firefighting operations for incidents and accidents occurring within their jurisdiction and when mobilized.

4. Promote, disseminate, and educate on laws, knowledge, and rescue and firefighting skills within their management scope.

Chapter V
ENSURING CONDITIONS FOR THE ACTIVITIES OF RESCUE AND FIREFIGHTING FORCES OF FIRE PREVENTION AND FIREFIGHTING
FIRE FIGHTING FORCES

Article 29. Equipment, Management, and Use of Rescue and Firefighting Means and Devices of Fire Prevention and Firefighting Forces

1. Provision of rescue and firefighting means and devices:

a) The Fire Prevention, Firefighting, and Rescue Police force shall be equipped with rescue and firefighting equipment, tools, and specialized uniforms to meet the requirements and tasks of rescue and firefighting;

b) The rescue and firefighting equipment, tools, and devices of specialized and grassroots fire prevention and firefighting forces shall be provided by the relevant agencies, organizations, and entities in accordance with the nature and characteristics of their activities, production, business, and the requirements of rescue and firefighting work at these agencies, organizations, and entities;

c) The rescue and firefighting equipment, tools, and devices of civilian defense forces shall be provided by the People's Committee at the commune level in accordance with the geographical, production, business, and living conditions and the requirements of rescue and firefighting work within their management area.

2. Specialized equipment and other equipment serving rescue and firefighting operations of fire prevention and firefighting forces must be managed, stored, transported, and used in accordance with the provisions of the law and guidelines of the Ministry of Public Security.

3. Specialized equipment for rescue and firefighting operations produced domestically or imported must ensure quality and comply with technical standards and norms and the conditions in Vietnam.

Article 30. Ensuring Material Bases for Search and Rescue Operations

1. The State ensures material bases for the Fire Prevention, Firefighting, and Search and Rescue Force to carry out search and rescue operations, including land, headquarters, facilities; equipment, rescue gear, communication devices, technical equipment, priority rights, and other material and technical conditions.

2. The head of agencies, organizations, and facilities shall be responsible for ensuring material bases and appropriate means and equipment to serve search and rescue operations at the agencies, organizations, and facilities under their management.

Article 31. Treatment and Policies for Individuals Participating in Search and Rescue Operations and for Civil Defense Officers, Members, and Professional Firefighters When Participating in Search and Rescue Activities

Individuals mobilized to participate in search and rescue operations, civil defense officers, members of grassroots fire brigades, and professional firefighters when participating in search and rescue activities shall enjoy treatment and policies as stipulated in the Law on Fire Prevention and Fighting dated June 29, 2001, the Law Amending and Supplementing Certain Provisions of the Law on Fire Prevention and Fighting dated November 22, 2013, and Decree No. 79/2014/NĐ-CP dated July 31, 2014 detailing the implementation of certain provisions of the Law on Fire Prevention and Fighting and the Law Amending and Supplementing Certain Provisions of the Law on Fire Prevention and Fighting.

Article 32. Treatment and Policies for Officers, Non-Commissioned Officers, Soldiers, Students, and Workers of the Public Security Police Force Engaged in Search and Rescue Operations

Officers, non-commissioned officers, soldiers, students, and workers of the Public Security Police Force engaged in search and rescue operations, in addition to enjoying treatment and policies prescribed for officers, non-commissioned officers, and soldiers of the People's Police, also enjoy high meal allowances, training subsidies, and rescue operation subsidies; they also enjoy treatment and policies similar to those for individuals working in heavy, hazardous, dangerous, and particularly heavy, dangerous, and hazardous jobs according to the law.

Article 33. Treatment for Personnel on Standby for Search and Rescue Operations

1. Level of benefit

Personnel on standby for search and rescue operations shall enjoy night duty allowance (starting from 10 PM) as prescribed in Clause 1, Article 18 of Decree No. 30/2017/NĐ-CP dated March 21, 2017 on the organization and operation of emergency response, disaster relief, and search and rescue.

2. The number of personnel on standby for search and rescue operations in firefighting forces shall be determined by the Minister of Public Security.

3. Costs for personnel on standby for search and rescue operations in the Fire Prevention, Firefighting, and Search and Rescue Police Force shall be included in the regular budget for implementing search and rescue tasks of the Ministry of Public Security.

Costs for personnel on standby for search and rescue operations in specialized firefighting forces shall be included in the regular operating expenses of the facility.

Article 34. Treatment for Mobilized Personnel Engaged in Search and Rescue Operations

1. Individuals not receiving salary from the state budget during the period they are mobilized to perform search and rescue tasks according to the decision of the competent authority shall enjoy treatment as prescribed in point a and b, Clause 1, Article 19 of Decree No. 30/2017/NĐ-CP. The level that mobilizes shall ensure payment.

2. Individuals receiving salary from the state budget, during the period they are mobilized to perform search and rescue tasks according to the decision of the competent authority shall continue to receive full salary and allowances from their workplace, and be reimbursed for travel allowances and transportation costs when working in hazardous environments and areas with regional allowances, according to current regulations.

Costs for the above items are included in the regular operating budget of the agency or unit.

3. Public Security officers and soldiers mobilized to perform search and rescue tasks according to the decision of the competent authority shall enjoy treatment as prescribed in Clause 1 of this Article.

Article 35. Treatment and policies for those participating in rescue operations who fall ill or suffer accidents and death

1. Persons participating in rescue operations who fall ill or suffer accidents in the following cases shall be entitled to benefits under the regulations on illness and work-related accidents stipulated in labor laws, social insurance, and occupational safety and health (from the time they are mobilized until the completion of their mission and return to their place of residence):

a) Falling ill or suffering accidents while performing duties at the workplace, including during and outside working hours, as decided by the competent authority;

b) Falling ill or suffering accidents on the way to and from the duty location from their place of residence, with confirmation from the local authorities where they reside;

c) Illness benefits shall not be granted in cases of self-inflicted harm, use of stimulants, or use of narcotic drugs or precursor chemicals listed in Decree No. 82/2013/NĐ-CP dated July 19, 2013 issued by the Government on the list of narcotic drugs and precursors, and Decree No. 126/2015/NĐ-CP dated December 9, 2015 issued by the Government amending and supplementing the list of narcotic drugs and precursors issued by Decree No. 82/2013/NĐ-CP dated July 19, 2013 on the list of narcotic drugs and precursor chemicals.

2. The treatment and policies for persons falling ill or suffering accidents as provided in Clause 1 of this Article shall be implemented according to the provisions of Clause 2 of Article 20 of Decree No. 30/2017/NĐ-CP.

3. The funds for benefits when falling ill or suffering accidents shall be guaranteed by the state budget.

4. For those participating in health insurance, the costs of medical examination and treatment shall be covered by the health insurance fund; for those participating in mandatory social insurance, the benefits shall be covered by the social insurance fund.

Article 36. Treatment and policies for those injured or killed

Persons participating in rescue operations when saving people and property of the State and the people, if they are injured or killed, shall be considered for entitlement to preferential benefits as prescribed by law.

Article 37. Financial sources ensuring rescue operations

1. Financial sources ensuring rescue operations include:

a) State budget;

b) Revenue from contracts or agreements for rescue services with organizations or individuals whose assets or means need rescue as prescribed by law;

c) Compensation payments from insurance agencies; payment amounts from organizations or individuals and other revenues as prescribed by law;

d) Donations, support, and aid from governments of other countries, international organizations, and foreign individuals, and voluntary contributions from domestic organizations and individuals for rescue operations.

2. The State encourages and creates favorable conditions for domestic and foreign organizations and individuals to voluntarily contribute human resources, funds, means, and assets for rescue operations.

3. Management of funds from the state budget shall be carried out in accordance with the Law on State Budget, the Law on Public Investment, and guiding documents.

Article 38. Funding for rescue operations

1. Funding for rescue operations by firefighting and rescue forces includes:

a) Development investment expenses including: Construction investment expenses; expenses for purchasing rescue equipment and technical facilities serving rescue operations;

b) Operating expenses including: Expenses for regular activities and maintenance of rescue forces; training and development expenses for rescue forces; expenses for urgent tasks arising from rescue operations; expenses to support organizations and individuals participating in rescue operations that have suffered losses due to objective reasons; expenses for propaganda, dissemination, and legal education on rescue operations.

2. Organizations and units not benefiting from the state budget; households, individuals, and foreign organizations operating within Vietnam shall ensure funding for rescue operations themselves.

Chapter VI
STATE MANAGEMENT OF RESCUE OPERATIONS

Article 39. State Management Responsibility for Rescue and Relief Operations

1. The Government shall uniformly manage state affairs concerning rescue and relief operations.

2. The Ministry of Public Security shall be responsible before the Government for implementing state management over rescue and relief operations.

Article 40. Responsibilities of the Ministry of Public Security

1. Propose the issuance or issue within its authority consolidated documents of legal regulations on the organization and operation of rescue and relief activities by firefighting forces.

2. Develop and organize the implementation of strategies, plans, and programs for rescue and relief operations by firefighting forces nationwide.

3. Direct and guide the establishment of specialized and part-time forces for rescue and relief work by firefighting forces and other forces within the People's Public Security; organize training and recruitment of professionals in rescue and relief work within the People's Public Security.

4. Lead the conduct of rescue and relief operations; guide and direct the building of forces, equipping with means, equipment, uniforms, and organizing standing readiness to perform rescue and relief tasks; develop and organize drills and simulations of rescue and relief plans by firefighting forces and other forces within the People's Public Security.

5. Lead and coordinate with ministries, ministerial-level agencies, government-affiliated agencies, localities, press and communication agencies to organize propaganda and dissemination of knowledge about rescue and relief operations.

6. Develop and organize the implementation of investment projects to equip firefighting and rescue forces with rescue and relief means; specify the list, standards, and quotas for means, equipment, and uniforms for rescue and relief operations by firefighting forces; specify the design of uniforms for rescue and relief operations by firefighting forces, flag patterns, signs, and bands used in rescue and relief operations.

7. Organize research and application of scientific and technological progress in the field of rescue and relief operations.

8. Organize a management and command information system for firefighting and rescue operations by firefighting forces and other forces within the People's Public Security.

9. Propose and submit to the Government participation in international organizations, signing or joining international treaties on firefighting and rescue operations; implement international activities related to firefighting and rescue operations within its authority.

10. Guide and urge ministries, ministerial-level agencies, government-affiliated agencies, provincial and municipal people's committees under central jurisdiction to implement regular and ad hoc reporting systems on firefighting and rescue operations; compile reports to the Government and competent state agencies as prescribed by law; organize mid-term and final reviews and propose commendations for firefighting and rescue operations.

11. Lead and coordinate with ministries, ministerial-level agencies, government-affiliated agencies, provincial and municipal people's committees under central jurisdiction to organize inspections, audits, and handling of violations regarding safety assurance, accident prevention, conditions serving firefighting and rescue operations as prescribed by law.

12. Specify the functions and responsibilities of firefighting and rescue forces at various levels.

13. Perform other tasks related to firefighting and rescue operations assigned by the Government.

Article 41. Responsibilities of Ministries, ministerial-level agencies, and government-affiliated agencies

1. Organize the implementation of legal provisions on rescue and relief operations.

2. Ensure conditions for the rescue and relief activities of their own ministries, sectors, and units.

3. Direct and organize the dissemination and popularization of knowledge about rescue and relief operations within their scope of responsibility.

4. Direct functional units, specialized firefighting and rescue forces, and facilities to monitor, compile statistics, and report on the situation and results of rescue and relief operations within their scope.

Article 42. Responsibilities of People's Committees at all levels

1. Direct the organization of propaganda and dissemination of knowledge on rescue and relief operations and the implementation of legal provisions on rescue and relief operations in their localities; handle violations related to rescue and relief operations within their authority.

2. Direct the organization of rescue and relief forces; invest funds to equip rescue and relief equipment and maintain the operation of rescue and relief forces within their management scope.

3. Regularly organize training and professional instruction on rescue and relief operations annually; develop plans and organize drills and simulations of rescue and relief scenarios in their localities and units.

4. Take primary responsibility for organizing rescue and relief operations within their administrative areas.

5. Organize interim reviews, final summaries, and implement statistical and reporting systems on rescue and relief operations within their management responsibilities.

Chapter VII
IMPLEMENTING PROVISIONS

Article 43. Forms for rescue and relief operations of firefighting forces

1. The following forms are issued together with this Decree:

a) Application for professional training in fire prevention, firefighting, rescue, and relief (Form No. 01);

b) Certificate of professional training in fire prevention, firefighting, rescue, and relief (Form No. 02);

c) Inspection record on fire prevention, firefighting, rescue, and relief (Form No. 03);

d) Rescue and relief plan of the facility (Form No. 04);

đ) Rescue and relief plan of the Fire Prevention and Fighting Police (Form No. 05);

2. Entrust the Ministry of Public Security to organize printing and distribution of Form No. 02.

Heads of agencies, organizations, and facilities ensure funding, organize printing, distribution, management, and guidance on the use of Forms No. 01, 03, 04, and 05 stipulated in Clause 1 of this Article for entities under their management.

3. Replace the phrase "Certificate of professional training in fire prevention and firefighting" with the phrase "Certificate of professional training in fire prevention, firefighting, rescue, and relief" in Clause 3 of Article 34 of Decree No. 79/2014/NĐ-CP dated July 31, 2014 of the Government detailing certain provisions of the Law on Fire Prevention and Fighting and the Law Amending and Supplementing Certain Provisions of the Law on Fire Prevention and Fighting.

Article 44. Effective date of implementation

1. This Decree takes effect from October 4, 2017; Decision No. 44/2012/QĐ-TTg dated October 15, 2012 of the Prime Minister on rescue and relief operations of firefighting forces ceases to be effective from the date this Decree takes effect.

2. Certificates of professional training in fire prevention and firefighting issued according to Decree No. 79/2014/NĐ-CP dated July 31, 2014 of the Government detailing certain provisions of the Law on Fire Prevention and Fighting and the Law Amending and Supplementing Certain Provisions of the Law on Fire Prevention and Fighting continue to be valid until their expiration date as prescribed.

Article 45. Responsibility for Implementation

1. The Minister of Public Security shall be responsible for inspecting and urging the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees, and relevant organizations and individuals are responsible for implementing this Decree./.