Circular No. 88/2024/TT-BCA stipulates on the allocation of responsibilities, coordination relationships, verification procedures, and resolution of fire incidents within the People's Public Security.

CIRCULAR

Provisions on the allocation of responsibilities, coordination relationships, verification procedures, and handling of fire incidents within the People's Public Security

Pursuant to the Criminal Procedure Code dated November 27, 2015; the Law Amending and Supplementing Certain Provisions of the Criminal Procedure Code dated November 12, 2021;

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

Pursuant to the Law on Handling Administrative Violations dated June 20, 2012; the Law Amending and Supplementing Certain Provisions of the Law on Handling Administrative Violations dated November 13, 2020;

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

Pursuant to the proposal of the Director of the Fire Prevention, Firefighting, and Rescue Police Department;

The Minister of Public Security issues this Circular stipulating the allocation of responsibilities, coordination relations, verification procedures, and handling of fire incidents within the People's Public Security.

Chapter I GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates responsibilities and coordination relations in verifying and handling fire incidents; procedures and formalities for verifying and handling fire incidents, transferring files, reporting systems, criteria for classifying fire incidents and handling files within the People's Public Security.

Article 2. Principles for Verifying and Handling Fire Incidents

1. All fire incidents must be verified, handled, and concluded quickly, timely, safely, accurately, objectively, and comprehensively. Recommendations and rectification of causes and conditions leading to fire incidents, and handling of violations (if any) shall be carried out in accordance with this Circular and relevant laws.

2. Units, local public security agencies, criminal investigation agencies at all levels within the People's Public Security, firefighting and rescue forces, and other forces within the People's Public Security must closely coordinate during the verification and handling of fire incidents, ensuring concentration and unity under the directives of the heads of public security agencies at all levels. Lower-level agencies, units, and individuals must follow the guidance and instructions of their superiors; individuals are responsible before the head of the unit and the law for their actions and decisions.

3. It is not permissible to abuse the work of verifying and handling fire incidents to infringe upon the interests of the State, the legitimate rights and interests of organizations and individuals.

Article 3. Forms

This Circular hereby promulgates the following forms:

1. Preliminary damage assessment record and the unit in charge of verifying and handling the fire incident (Form No. 01).

2. Record of initial file and document transfer (Form No. 02).

3. Fire incident record (Form No. 03).

4. Diagram of the fire scene (Form No. 04).

5. Plan for inspecting and verifying the fire incident (Form No. 05).

6. Report on the results of the fire scene examination (Form No. 06).

7. Report and proposal for handling the fire incident (Form No. 07).

8. Notification of the results of verifying and handling the fire incident (Form No. 08).

9. Document provision form (Form No. 09).

10. Administrative procedure fire incident resolution tracking book (Form No. 10).

11. Administrative procedure fire incident verification and resolution statistics (Form No. 11).

12. Criminal procedure fire incident verification and resolution statistics (Form No. 12).

Chapter II RESPONSIBILITIES AND COORDINATION RELATIONS

Article 4. Responsibilities of Commune Police and Police Posts

1. Upon receiving information about a fire incident, the Commune Police and Police Posts have the responsibility to participate in firefighting, rescue operations, organize protection of the scene, protect property, ensure security and order in the affected area according to regulations.

2. Detect, collect, and record traces, objects, and documents at the scene that are at risk of being altered or destroyed; cooperate with forces to preliminarily assess damage to people and property; identify and take statements from those who know about the incident, related persons, and suspected perpetrators; collect information and documents related to the fire incident, surveillance camera data from nearby organizations, households, and individuals (if available); report specific situations and hand over collected materials to authorized agencies and individuals.

3. Coordinate with investigative agencies, firefighting and rescue agencies with authority in verifying and handling fire incidents when requested.

Article 5. Responsibilities of the County Police

1. The Fire Prevention, Firefighting, Rescue Team or the Administrative Management of Public Order Team (for County Police that have not established a Fire Prevention, Firefighting, Rescue Team) shall be responsible for:

a) Taking the lead and coordinating with relevant forces to determine initial losses in terms of people and property;

b) Taking the lead in investigating and resolving fires as stipulated in point a, Clause 1, Article 19 of this Circular (excluding fires within the jurisdiction of investigation and resolution by the Fire Prevention, Firefighting, Rescue Department);

c) Coordinating with the Investigation Agency, Criminal Technical Force, Fire Prevention, Firefighting, Rescue Department of the Provincial Police to conduct on-site investigations of fire incidents and other activities as prescribed;

d) Accepting and administratively penalizing according to their authority, or proposing competent authorities to administratively penalize for fires without criminal signs but with administrative violations related to fire prevention and firefighting transferred by the Investigation Agency;

đ) Transferring all collected files, objects, and documents during the investigation and resolution of fire incidents to the Investigation Agency when criminal signs are identified;

2. The Criminal Investigation Agency

a) Taking the lead and coordinating with relevant forces to investigate and resolve fires from the outset (except cases specified in point b, Clause 1, Article 5 of this Circular and cases within the jurisdiction of higher-level Investigation Agencies, Provincial Fire Prevention, Firefighting, Rescue Departments, the Fire Prevention, Firefighting, Rescue Bureau, and Military Investigation Agencies);

b) Accepting files, objects, and documents and organizing the investigation and resolution of fires with criminal signs transferred by other agencies or units in accordance with regulations.

Article 6. Responsibilities of the Provincial Fire Prevention, Firefighting, Rescue Department

1. Taking the lead in investigating and resolving fires without fatalities or injuries at facilities under its fire prevention and firefighting management level. If the fire has criminal signs outside its jurisdiction, it shall transfer the case to the competent Investigation Agency as prescribed by law.

2. Coordinating with the County Police to determine initial losses in terms of people and property, identifying persons aware of the incident and those involved in receiving materials and objects transferred by the County Police for fires occurring at facilities under its fire prevention and firefighting management level or other fires upon request.

3. Coordinating with the Investigation Agency in investigating and resolving fires when requested.

4. Administering penalties according to its authority, or proposing competent authorities to administer penalties for directly handled fires. Accepting and administering penalties, or proposing competent authorities to administer penalties for fires without criminal signs but with administrative violations related to fire prevention and firefighting transferred by the Investigation Agency.

Article 7. Responsibilities of the Provincial Criminal Investigation Agency

1. Taking the lead in investigating and resolving fires within the jurisdiction of the County Criminal Investigation Agency when many complex circumstances require direct handling according to the assignment of the Head of the Provincial Criminal Investigation Agency.

2. When there is evidence indicating that the fire falls within the investigative jurisdiction of another Investigation Agency, it shall act in accordance with criminal procedure laws.

3. Coordinating in investigating and resolving fires handled by the Fire Prevention, Firefighting, Rescue Department when requested.

Article 8. Responsibilities of the Provincial Security Investigation Agency

1. Lead the verification and resolution of fire incidents that have signs of criminal offenses related to national security and other crimes within its jurisdiction or as assigned by the Minister of Public Security.

2. When there is evidence indicating that the fire falls within the investigative jurisdiction of another Investigation Agency, it shall act in accordance with criminal procedure laws.

Article 9. Responsibilities of the Fire Prevention, Firefighting, Rescue and Search and Rescue Police Bureau

1. Lead the verification and resolution of fire incidents as assigned by the Minister of Public Security; cooperate with the Investigative Agency when requested.

2. When there is evidence indicating that a fire incident has signs of criminal offenses within the jurisdiction of the Investigative Agency, it shall act in accordance with the provisions of criminal procedure law.

3. Implement administrative penalties for fire incidents handled by the Fire Prevention, Firefighting, Rescue and Search and Rescue Police Bureau without signs of criminal offenses but with signs of administrative violations related to fire prevention and firefighting.

Article 10. Responsibilities of the Ministry of Public Security's Criminal Investigation Agency

Lead the verification and resolution of fire incidents causing particularly serious consequences, with many complex circumstances within the jurisdiction of the Provincial Criminal Investigation Agency, but deemed necessary to handle directly or as assigned by the Minister of Public Security.

Article 11. Responsibilities of the Ministry of Public Security's Security Investigation Agency

Lead the verification and resolution of fire incidents within the jurisdiction of the Provincial Security Investigation Agency, but deemed necessary to handle directly or as assigned by the Minister of Public Security.

Article 12. Responsibilities of the Forensic Technical Force

Participate in examining the crime scene; conduct forensic examinations upon request or at the behest of the Investigative Agency, the Fire Prevention, Firefighting, Rescue and Search and Rescue Police Bureau.

Article 13. Responsibilities of Other Forces within the People's Public Security

Within their functions, tasks, and authorities, public security units and localities are responsible for cooperating and implementing requests from the Investigative Agency, the Fire Prevention, Firefighting, Rescue and Search and Rescue Police Bureau in verifying and resolving fire incidents.

Article 14. Verification and Resolution of Fire Incidents Related to Diplomatic Missions, Consular Offices, International Organization Representative Offices, and Residences of Foreign Nationals Who Are Members of These Agencies

The Provincial Criminal Investigation Agency leads the verification and resolution of fire incidents related to diplomatic missions, consular offices, international organization representative offices, and residences of foreign nationals who are members of these agencies in accordance with the Constitution, laws of Vietnam, and international treaties to which Vietnam is a party.

Article 15. Verification and Resolution of Fire Incidents Within the Jurisdiction of the Investigative Agency in the People's Army

1. For fire incidents with signs of criminal offenses within the jurisdiction of the Investigative Agency in the People's Army, they must be transferred to the competent Investigative Agency in the People's Army within three days from the date of determining the need to transfer the case.

2. The Security Investigation Agency, Criminal Investigation Agency, Fire Prevention, Firefighting, Rescue and Search and Rescue Police Bureau in the People's Public Security, after transferring the file to the Investigative Agency in the People's Army for handling according to its jurisdiction, are responsible for continuing to cooperate at the request of the Investigative Agency in the People's Army.

Article 16. Investigation and Resolution of Forest Fires

1. The Fire Prevention, Firefighting, Rescue Police Force and other forces under the People's Public Security have the responsibility to cooperate with the Forest Inspection Authority to investigate and resolve forest fires when requested.

2. Investigative agencies under the People's Public Security shall be responsible for primarily investigating and resolving forest fires that indicate criminal acts within their jurisdiction; receiving case files, objects, and documents related to forest fires transferred by the Forest Inspection Authority for investigation and resolution according to their authority.

Chapter III INVESTIGATION AND RESOLUTION OF FIRES

Section 1 ASSIGNMENT FOR FIRE RESOLUTION

Article 17. Tasks at the Scene

Upon receiving information about a fire, the Head of the County Police shall be responsible for directing subordinate forces to perform tasks at the scene, specifically as follows:

1. Police Station at the Commune Level

a) Protecting the scene, protecting the property of the affected entity; ensuring security and public order in the area where the fire occurred as prescribed;

b) Discovering, collecting, recording traces, objects, and documents at the scene that are at risk of being changed or destroyed; cooperating with other forces to determine initial damage to people and property;

c) Identifying and taking statements from individuals who know about the incident, those involved, and suspected perpetrators;

d) Collecting information and documents related to the fire, surveillance data from nearby organizations, households, and individuals (if available);

đ) Cooperating with authorized agencies to investigate and resolve the fire when requested;

e) Reporting specific relevant situations and handing over collected documents and objects to authorized agencies or persons.

2. Fire Prevention, Firefighting, and Rescue Team or Administrative Management Police Team (for counties without a Fire Prevention, Firefighting, and Rescue Team)

a) Recording the position, condition, and characteristics of victims before they are removed from the scene (if applicable);

b) Collecting information on the time, location, progression, direction of spread, origin, sounds, lights, smoke level, and extent of the fire;

c) Observing, discovering, and recording preliminary traces, objects, and documents at the scene; noting changes at the scene during firefighting and rescue operations;

d) Photographing the scene; filming the scene if necessary;

đ) Collecting information on firefighting and rescue activities;

e) Primarily coordinating with other forces to determine initial damage to people and property;

g) Primarily coordinating with representatives of units directly engaged in firefighting and rescue to prepare a fire report according to Model Number 03 issued along with this Circular.

3. Criminal Investigation Police Department at the County Level

a) Cooperating with related forces to determine initial damage to people and property;

b) Primarily investigating and resolving, receiving, and preserving traces, objects, and documents at the scene handed over by other units for fires specified in Clause 2 of Article 19 of this Circular.

Article 18. Preliminary Determination of Damage to People and Property

1. The Fire Prevention, Firefighting, and Rescue Team or Administrative Management Police Team (for counties without a Fire Prevention, Firefighting, and Rescue Team) at the County Level shall primarily coordinate with related units to determine initial damage to people and property (total value of houses, structures, and attached assets; transportation means; materials, equipment, and goods burned or other assets with sufficient evidence to determine value) and identify the primary investigative and resolution unit. The preliminary determination of damage to people and property is based on the statements of the legitimate owners of damaged assets, documents regarding the origin and usage period of the damaged assets in the fire, and other relevant documents (if available).

2. Participants in the preliminary determination of damage to people and property include:

a) Representatives of the Criminal Investigation Police Department at the County Level and the Police Station at the Commune Level where the fire occurred;

b) Owners of the affected entity, household heads, owners of transportation means, legitimate owners of damaged assets, or their legal representatives (if applicable);

c) Witnesses, interested parties, and experts (if applicable);

d) Representatives of the Provincial Fire Prevention, Firefighting, and Rescue Police Department for cases involving fires at entities managed by the Provincial Fire Prevention, Firefighting, and Rescue Police Department;

đ) Representatives of local authorities where the fire occurred.

3. The preliminary determination of damage to people and property and the primary investigative and resolution unit must be recorded in a Record according to Model Number 01 issued along with this Circular. In cases where participants in the preliminary determination of damage to people and property and the primary investigative and resolution unit have differing opinions, the primary unit will decide the result of the preliminary determination of damage to people and property.

Article 19. Determining procedures and units responsible for investigating and resolving fire incidents

Based on the results determined in Clause 3, Article 18 of this Circular, the unit primarily responsible for initially assessing losses to persons, property, and other units present at the scene shall be responsible for:

1. Determining the investigation and resolution procedures for fire incidents

a) Fire incidents shall be investigated and resolved through administrative procedures when the following conditions are met: The fire has been extinguished; there are no fatalities or injuries, and initial damage to property is assessed to be under 100,000,000 VND, with no apparent criminal signs identified.

b) If the fire incident does not fall within the circumstances specified in point a of this clause, it shall be investigated and resolved according to the procedures and methods for handling reports of criminal offenses.

2. The County Police Investigation Agency shall be primarily responsible for immediately investigating and resolving fire incidents involving fatalities or injuries. For fire incidents, the Fire Prevention, Firefighting, and Rescue Team or the Administrative Order Maintenance Police Unit (for county-level public security agencies that have not established a Fire Prevention, Firefighting, and Rescue Team) or the County Public Security Bureau's Investigation Department or the Provincial Public Security Bureau's Fire Prevention, Firefighting, and Rescue Department shall be primarily responsible for investigating and resolving the incident according to Articles 5 and 6 of this Circular. The transfer of initial case files and materials to the unit primarily responsible for investigating and resolving the fire incident must be documented in a record according to Form No. 02 issued along with this Circular.

3. In cases where the fire incident is assigned to a unit primarily responsible for investigating and resolving the incident by the Minister of Public Security, the Director of the Provincial Public Security Bureau, or the Head of the Directly Superior Investigation Agency, such actions shall be carried out according to the directives of the Minister of Public Security, the Director of the Provincial Public Security Bureau, or the Head of the Directly Superior Investigation Agency.

Section 2 INVESTIGATION AND RESOLUTION OF FIRE INCIDENTS THROUGH ADMINISTRATIVE PROCEDURES

Article 20. Implementation of tasks for investigation and resolution

1. Staff receiving case files and materials as stipulated in Clause 2, Article 19 of this Circular shall prepare a report and propose the assignment of staff to investigate and resolve the fire incident according to Form No. 07 issued along with this Circular, and report to the direct commander for comments before submitting to the authorized person for approval and signature.

2. The head of the unit primarily responsible for investigating and resolving the fire incident shall be responsible for:

a) Approving and signing the report and proposal for the assignment of staff to investigate and resolve the fire incident within two working days from the date of receipt of the report and proposal for resolving the fire incident;

b) Approving and signing the notification of the results of the investigation and resolution of the fire incident;

c) Directing the investigation of administrative violations according to the Law on Handling Administrative Violations; deciding on penalties or proposing the authorized person to impose administrative penalties or deciding to transfer the case to the competent investigative agency.

3. Tasks of staff assigned to investigate and resolve the fire incident:

a) Drawing a diagram of the fire scene according to Form No. 04 issued along with this Circular; preparing photographs, including: General scene, detailed scene, and specific trace photos, with two photos of each type, sized 9x12cm, pasted on A4 paper, numbered and annotated under each photo;

b) Preparing a record of statements from individuals and organizations related to the fire incident;

c) Preparing a report and proposal for resolving the fire incident according to Form No. 07 and the Notification of the Results of the Investigation and Resolution of the Fire Incident according to Form No. 08 issued along with this Circular, reporting to the direct commander for comments before submitting to the authorized person for approval and signature;

d) Implementing penalties according to the laws on handling administrative violations when the fire incident shows signs of administrative violations in the field of fire prevention and firefighting.

Article 21. Time limit for verification and resolution

The time limit for verifying and resolving a fire case is 15 working days from the date of assignment to resolve the case. In cases where the incident involves many complex circumstances requiring additional time for verification, the verification and resolution period shall not exceed 30 working days from the date of assignment to resolve the case, and this must be recorded in the Fire Case Resolution Tracking Book according to Administrative Procedure Model No. 10 issued together with this Circular. If there are signs of administrative violations in the fire case, the resolution period shall be carried out in accordance with the provisions of the law on handling administrative violations.

Section 3 VERIFICATION AND RESOLUTION OF FIRE CASES IN ACCORDANCE WITH THE PROCEDURE FOR HANDLING COMPLAINTS AND REPORTS ON CRIMES

Article 22. Acceptance, classification, processing, and resolution of complaints and reports on crimes related to fire cases

1. The acceptance, classification, processing, and resolution of complaints and reports on crimes related to fire cases shall be implemented in accordance with Joint Circular No. 01/2017/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC dated December 29, 2017 of the Minister of Public Security, the Minister of National Defense, the Minister of Finance, the Minister of Agriculture and Rural Development, and the Prosecutor General regarding the coordination among competent agencies in implementing certain provisions of the Criminal Procedure Code concerning the acceptance and resolution of complaints and reports on crimes and recommendations for prosecution (amended and supplemented by Joint Circular No. 01/2021/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC dated November 29, 2021; hereinafter referred to as Joint Circular No. 01/2017/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC) and Circular No. 28/2020/TT-BCA dated March 26, 2020 of the Minister of Public Security on the procedures for accepting, classifying, processing, and resolving complaints and reports on crimes and recommendations for prosecution by the People's Police (amended and supplemented by Circular No. 129/2021/TT-BCA dated December 31, 2021; hereinafter referred to as Circular No. 28/2020/TT-BCA).

2. Investigators assigned to verify and resolve fire cases must develop a plan to inspect and verify the fire case according to Model No. 05 issued together with this Circular.

Article 23. Examination of the fire scene

The examination of the scene shall be conducted in accordance with the provisions of criminal procedure law and the provisions of this Circular.

1. Actions to be taken before examining the fire scene

a) Accepting information about the protection of the scene and collecting information about the fire through victims, witnesses, persons with rights and obligations related to the fire, participants in firefighting, rescue, and relief operations;

b) Depending on the nature and severity of the fire, the leading agency may invite participants in the examination of the scene such as: Forensic experts, criminal technical officers, or persons with relevant expertise; representatives of local authorities, local police, police stations where the fire occurred; individuals and organizations related to the examination of the scene; representatives of agencies, organizations, households, and vehicle owners; persons with rights and obligations related to the fire. For fires investigated and resolved by the Investigation Agency, fire prevention, firefighting, rescue, and relief forces, and criminal technical forces are mandatory participants in the examination of the scene; the leading investigation agency is responsible for notifying the same-level Procuracy to assign Prosecutors to supervise the examination of the scene according to regulations;

c) Assigning tasks to members participating in the examination; selecting methods and tactics for examining the scene; preparing technical equipment and tools for the examination of the scene;

d) Determining the scope and assessing the safety level of the scene;

đ) Taking timely measures to ensure the integrity of traces, objects, documents, and electronic data that are at risk of being destroyed or altered (if applicable).

2. Conducting the examination of the fire scene

a) Observing the entire area affected by the fire; determining the location of the scene, identifying reference points (landmarks); determining the positions of victims, landmarks to locate evidence, objects, documents, and means related to the fire at the scene (if applicable); marking the positions and numbering all victims, evidence, objects, documents, and means related to the fire;

b) Taking photos of the overall scene, partial scenes, and detailed scene images; placing scale rulers when photographing evidence and objects; photographs of the scene must be compiled into a Scene Photo Album and arranged in order with annotations for each photo; recording video of the scene if necessary;

c) Measuring and drawing a diagram of the scene: Using consistent symbols and units of measurement; the legend must show the scale of the drawing, traces, and symbols on the scene diagram; graphic software can be used to draw the scene diagram;

d) Discovering, recording, collecting, and preserving traces, objects, documents, and means at the scene; collecting comparative samples (if applicable).

3. Packaging and sealing samples; outside the packaging must record the case name, type of trace, location, date, month, year of collection, and signatures with full names of the participants according to the law.

4. Preparing the Scene Examination Record according to Model No. 163 and drawing the Scene Diagram according to Model No. 167 issued by Circular No. 119/2021/TT-BCA dated December 8, 2021 of the Minister of Public Security on forms, documents, and books for criminal investigations (hereinafter referred to as Circular No. 119/2021/TT-BCA). The content of the examination record must include the start and end times of the examination, the location, and the participants in the examination; the condition of the scene before the examination, weather and lighting conditions during the examination, the examination process, specifically: Describing the location and characteristics of the scene (direction, scenery, structure, position of the scene and the central area of the scene); describing each part of the scene; describing the positions and characteristics (type, shape, size, direction, state, color) of victims (if any), traces, objects, and means found at the scene and their relationship with other traces, objects, and means at the scene according to the marked numbers; recording the specific number of traces, objects, and means discovered and collected, the method of preservation, and comparative samples.

5. Preliminarily assess the traces, objects, and means that have been discovered and collected; make preliminary determinations about the time of occurrence, the point of origin, and the initial area affected by the fire; convene to draw lessons; approve the scene investigation report; all participants sign to confirm the investigation report and the site diagram. The person in charge of the investigation decides whether to conclude or continue protecting the scene.

6. After completing the scene investigation, the officers assigned to verify and resolve the fire case must report the results of the fire scene investigation according to Model Number 06 issued together with this Circular.

Article 24. Collection and Processing of Documents Related to the Fire Case

Based on the nature and characteristics of the fire case, the unit responsible for verifying and resolving the fire case shall collect and supplement specific relevant documents:

1. Collect documents related to the fire prevention and firefighting files of the management authority for the facility, the fire prevention and firefighting and rescue files of the facility, and other related documents (if any).

2. Collect files and documents related to the fire case: diagrams, drawings, technical documents, user manuals, operation guides; duties of relevant individuals, ledgers, invoices, vouchers, inventory and inspection documents.

3. Collect other information and documents necessary for determining the criminal acts of individuals involved in the fire incident.

Article 25. Requesting Appraisal and Asset Valuation from the Fire Prevention, Firefighting, and Rescue Police Agency

1. When falling under one of the cases stipulated in Article 205 or Article 215 of the Criminal Procedure Code 2015 (amended in 2021), the Fire Prevention, Firefighting, and Rescue Police Agency handling and resolving the case shall issue a written request to the Investigative Agency within the People's Public Security at the same level to conduct an appraisal or asset valuation to serve as the basis for addressing reports of criminal offenses.

2. The Investigative Agency within the People's Public Security, upon receiving the request from the Fire Prevention, Firefighting, and Rescue Police Agency, shall be responsible for reviewing the grounds, documents, objects, and samples. If conditions are met, the Investigative Agency shall issue a Decision requesting an appraisal or a document requesting asset valuation. If conditions are not yet met to issue a Decision requesting an appraisal or asset valuation, the Investigative Agency shall exchange and request the Fire Prevention, Firefighting, and Rescue Police Agency to provide additional information and documents. If the Investigative Agency considers it unnecessary to conduct an appraisal or asset valuation, it shall notify the Fire Prevention, Firefighting, and Rescue Police Agency and the same-level Prosecution Office in writing.

3. The Investigative Agency shall be responsible for sending the Decision requesting an appraisal, the file, and the subject of the appraisal to the organization or individual conducting the appraisal; send the request for asset valuation, the file, and the subject of the asset valuation to the Asset Valuation Council requested.

4. Upon receiving the Appraisal Conclusion and Asset Valuation Conclusion, the Investigative Agency shall be responsible for notifying and transferring those Conclusions to the Fire Prevention, Firefighting, and Rescue Police Agency to assist in resolving reports of criminal offenses.

5. Within twenty-four hours from the issuance of the document requesting the Investigative Agency to issue a Decision requesting an appraisal or asset valuation, the Fire Prevention, Firefighting, and Rescue Police Agency must send that document to the same-level Prosecution Office as the Investigative Agency requested.

6. Within twenty-four hours from issuing the Decision requesting an appraisal or asset valuation, the Investigative Agency must send the Decision and request to the same-level Prosecution Office and the Fire Prevention, Firefighting, and Rescue Police Agency that made the request.

7. Within twenty-four hours from receiving the Appraisal Conclusion and Asset Valuation Conclusion, the Investigative Agency must notify in writing and transfer those Conclusions to the same-level Prosecution Office and the Fire Prevention, Firefighting, and Rescue Police Agency that made the request.

Article 26. Taking Statements from Representatives of Premises, Households, Owners of Vehicles Affected by Fire, Witnesses, and Related Parties

1. Content of Taking Statements: Information about the fire incident and the process of organizing firefighting activities, rescue operations; circumstances related before, during, and after the fire; consequences of the fire damage. For representatives of premises, households, owners of vehicles affected by fire, the content of taking statements must include statistics and estimates of losses in terms of human life and property. If there are documents proving property damage, they should be requested to submit and a receipt should be established according to the provisions of the law.

2. When taking statements from witnesses, their capacity for action, relationship with the premises, households, owners of vehicles affected by fire, and related parties must be determined; the circumstances witnessed or known; reasons why the witness knows these circumstances. For witnesses under 18 years old, when taking statements, it must be carried out according to the provisions of the law.

3. In cases where the injured person is seriously injured, statements can only be taken when a doctor or medical staff has provided emergency care and the person agrees. If the health condition does not allow for taking statements, a record must be made and confirmed by a doctor or medical staff providing emergency care.

4. In cases of taking statements from foreign nationals, deaf-mute persons related to the fire incident, interpreters and translators must be required according to the provisions of the Criminal Procedure Code 2015 (amended and supplemented in 2021) and relevant laws.

5. Investigators and Assigned Investigation Officers must establish a Record of Statement according to Model No. 140 issued together with Circular No. 119/2021/TT-BCA.

Article 27. Reporting Results of Verification and Resolution of Fire Incidents Based on Complaints and Reports of Crimes

1. At the latest seven days before the end of the resolution period or upon completion of the inspection and verification of the fire incident, the Investigator or Assigned Investigation Officer responsible for handling must have a report on the conclusion of the verification or propose an extension of the inspection and verification period in writing, reported to the direct leader or commander for comments before submitting to the Head or Deputy Head of the Investigation Agency assigned (or authorized); the Head or Deputy Head of the Fire Prevention, Firefighting, Rescue and Evacuation Agency assigned (or authorized).

2. The Report on the Conclusion of Verification according to Model No. 18 issued together with Circular No. 119/2021/TT-BCA must clearly state the results of resolving the fire incident and specific proposals regarding: Initiation of criminal case; non-initiation of criminal case; temporary suspension of verification and resolution of the fire incident.

Article 28. Issuing Decision to Initiate Criminal Case, Decision Not to Initiate Criminal Case, Decision to Temporarily Suspend, Decision to Resume and Time Limit for Continuing to Resolve the Fire Incident

On the basis of collected information and verification results, the Investigator or Assigned Investigation Officer responsible for handling must:

1. In cases where there are signs of crime, draft Decision to Initiate Criminal Case according to Model No. 27 issued together with Circular No. 119/2021/TT-BCA and Report on the Conclusion of Verification of the Fire Incident, along with related files and documents, reported to the direct leader or commander for comments before submitting to the Head or Deputy Head of the Investigation Agency assigned (or authorized), the Head or Deputy Head of the Fire Prevention, Firefighting, Rescue and Evacuation Agency assigned (or authorized) for approval and signature. Within twenty-four hours from the issuance of the Decision to Initiate Criminal Case, the Investigation Agency and the Fire Prevention, Firefighting, Rescue and Evacuation Agency must send the Decision along with related documents to the same-level Procuratorate or competent Procuratorate for supervision of the initiation of the case. Within seven days from the date of issuance of the Decision to Initiate Criminal Case, the Fire Prevention, Firefighting, Rescue and Evacuation Agency must transfer the Decision to Initiate Criminal Case along with related documents to the competent Investigation Agency. When transferring, a Record of Handover of Files according to Model No. 240 issued together with Circular No. 119/2021/TT-BCA must be established (if there are objects, documents, evidence, a Record of Handover of Objects, Documents, Evidence according to Model No. 155 issued together with Circular No. 119/2021/TT-BCA must be established).

2. In cases where there are no signs of crime

a) Draft Decision Not to Initiate Criminal Case, Notification of Results of Handling Information About Crime according to Models No. 22 and No. 23 issued together with Circular No. 119/2021/TT-BCA, along with Report on the Conclusion of Verification of the Fire Incident, related files and documents, reported to the direct leader or commander for comments before submitting to the Head or Deputy Head of the Investigation Agency assigned (or authorized), the Head or Deputy Head of the Fire Prevention, Firefighting, Rescue and Evacuation Agency assigned (or authorized) for approval and signature. Within twenty-four hours from the issuance of the Decision Not to Initiate Criminal Case, the Investigation Agency and the Fire Prevention, Firefighting, Rescue and Evacuation Agency must send the Decision along with related documents to the same-level Procuratorate or competent Procuratorate.

b) In case of a fire investigated by the Investigative Agency that shows signs of administrative violations in the field of fire prevention and firefighting, the Investigator or Investigative Officer assigned to handle the main investigation shall draft a document proposing administrative penalties, report to their immediate superiors for comments, and submit it for approval and signature by the Head or Deputy Head of the Investigative Agency assigned (or authorized) to review; make copies of the file and documents for archiving and transfer the original file, documents, evidence, and means (if any) of the violation and the proposal for administrative penalties to the Fire Prevention and Fighting Police Department of the Provincial Public Security Force (for fires handled and resolved by the Provincial Criminal Investigation Agency) or the Fire Prevention and Fighting Police Team or the Administrative Management Police Team (for County-level Public Security Forces without a Fire Prevention and Fighting Police Team) of the County-level Public Security Force (for fires handled and resolved by the County-level Criminal Investigation Agency) to implement according to the laws on handling administrative violations. For fires investigated by the Fire Prevention and Fighting Police Department showing signs of administrative violations, the assigned staff shall handle them according to the laws on handling administrative violations.

c) After completing the verification and resolution of the fire, the Investigator or Investigative Officer assigned shall complete the file, report to the competent authority to conclude the verification and resolution of the fire; implement statistical and reporting systems as prescribed.

3. The issuance of Decisions to temporarily suspend, Decisions to resume, and the duration for continuing to resolve the fire shall be carried out according to the provisions of the Criminal Procedure Code 2015 (amended and supplemented in 2021), Circular No. 28/2020/TT-BCA, and related legal documents.

Section 4 TRANSFER OF FILES, REPORTING SYSTEMS, CRITERIA FOR CLASSIFYING FIRES AND VERIFICATION AND RESOLUTION FILES

Article 29. Transfer of files, information and reporting systems, and criteria for classifying fires

a) For fires where the Fire Prevention, Firefighting, and Rescue Police Department issues a decision to initiate a criminal case, the decision and relevant files and evidence shall be transferred in accordance with the provisions of the criminal procedure law;

a) In cases where the Investigative Agency issues a Decision not to initiate a criminal case, a Decision to revoke the Decision to initiate a criminal case, a Decision to terminate the investigation, or a Decision to terminate the case, if the act shows signs of administrative violations concerning fire prevention and firefighting, then the above decisions along with the file, evidence, and means of the violation shall be transferred according to Point b Clause 2 of this Circular.

b) When transferring files, it must be done strictly in accordance with the regulations and guidelines of the Ministry of Public Security regarding the public security business file system.

a) Within ten days from the date of the resolution, the Fire Prevention, Firefighting, and Rescue Police Department must notify the results of the verification and resolution of the fire within its jurisdiction in writing to the investigation authority that transferred the file;

a) Within ten days from the date of the resolution result, the Fire Prevention and Fighting Police Department must send a written notification to the Investigative Agency that transferred the file to inform them.

b) Within ten days from the date of the resolution result, the Investigative Agencies at all levels responsible for verifying and resolving the fire according to their jurisdiction after concluding the investigation must notify the results of the resolution in writing to the Fire Prevention and Fighting Police Department at the same level to serve the work of statistics and reporting on the fire as prescribed.

3. In cases where there is no consensus on the signs considered as criminal signs or administrative violation signs between the transferring agency and the receiving agency for investigation and resolution of the fire, the agency handling the file shall have the responsibility to report to its direct superior for guidance.

4. Reporting System Local Public Security Departments shall implement the statistical and reporting system and send it to the Fire Prevention and Fighting Police Department:

a) Monthly statistics on the number of verified and resolved fires according to Form No. 11 and Form No. 12 issued together with this Circular;

b) Implement regular reporting every six months and annually according to the provisions of Circular No. 66/2022/TT-BCA dated December 30, 2022, of the Minister of Public Security on the reporting system in the Public Security Force.

a) A Level I fire is a fire without casualties and falls under one of the following circumstances: property damage under 100,000,000 VND or burned area of forest, field, paddy less than 0.5 hectares;

a) A Level I fire is a fire without casualties and falls under one of the following circumstances: Damage to property under 100,000,000 VND or the area of forest, field, paddy land burned under 0.5 hectares;

b) A Level II fire is a fire falling under one of the following circumstances: Causing injury or harm to health of people with a total percentage of body damage under 61%; causing property damage valued from 100,000,000 VND to under 3,000,000,000 VND or the area of forest, field, paddy land burned from 0.5 hectares to under 5 hectares;

c) A Level III fire is a fire falling under one of the following circumstances: Causing death of one to two people; causing injury or harm to health of one person with a percentage of body damage from 61% upwards or of two or more people with a total percentage of body damage of these people from 61% to 200%; causing property damage valued from 3,000,000,000 VND to under 10,000,000,000 VND or the area of forest, field, paddy land burned from 5 hectares to under 10 hectares;

d) A Level IV fire is a fire falling under one of the following circumstances: Causing death of three to four people; causing injury or harm to health of three or more people with a total percentage of body damage of these people from 201% upwards; causing property damage valued from 10,000,000,000 VND to under 50,000,000,000 VND or the area of forest, field, paddy land burned from 10 hectares to under 20 hectares;

đ) A Level V fire is a fire falling under one of the following circumstances: Causing death of five or more people; causing property damage valued from 50,000,000,000 VND upwards or the area of forest, field, paddy land burned from 20 hectares upwards.

6. The Fire Prevention and Fighting Police Department of the Provincial Public Security Force, the Fire Prevention and Fighting Police Bureau shall be responsible for compiling and reporting the statistics on verified and resolved fires and classifying fires.

Article 30. Documents for investigating and resolving fire incidents

1. Components of the documents for investigating and resolving fire incidents under administrative procedures:

a) Fire incident report; preliminary damage assessment report regarding persons and property, and the entity responsible for investigating and resolving the fire incident;

b) Photographs, diagrams of the fire scene;

c) Statements of individuals and organizations related to the fire incident;

d) Report proposing resolution of the fire incident; notification of investigation and resolution results of the fire incident;

đ) Decision on requesting expert opinions, expert conclusions (if applicable);

e) Administrative violation records, administrative penalty decisions (if applicable), other documents according to laws on handling administrative violations (if applicable);

g) Statistics of documents in the file; handover record of the file and other related documents (if applicable);

h) Reports, statements, commitments not to appeal, litigate, dispute, and self-rectify consequences from representatives of establishments, households, owners of transportation means, lawful owners of damaged property (if applicable).

2. Components of the documents for investigating and resolving fire incidents under accusation or criminal information:

a) Fire incident report; damage assessment report regarding persons and property, and the entity responsible for investigating and resolving the fire incident; report on receiving criminal information;

b) Decision on assigning Investigator, Investigative Officer to handle the investigation and resolution of the fire incident; Decision on assigning Deputy Head to handle the investigation and resolution of the fire incident (if applicable); notification of receiving criminal information; plan for investigating and resolving the fire incident;

c) Scene examination record, photographs, fire scene diagram, scene examination result report;

d) Statement record of representatives of establishments, households, owners of burnt transportation means, witnesses, and related parties;

đ) Report proposing resolution of the fire incident; report concluding resolution of criminal information;

e) Decision not to initiate a criminal case or Decision to initiate a criminal case or Decision to temporarily suspend handling criminal information;

g) Decision to revoke the Decision to initiate a criminal case, Decision to resume handling criminal information (if any);

h) Notification of results of handling criminal information;

i) Request for expert opinion, valuation request, decision on requesting expert opinion, valuation request document; expert conclusion, asset valuation conclusion; notification of expert conclusion, notification of valuation result; documents proving damage to persons (medical certificates, prescriptions), assets, documents on damage compensation agreements, video data (if applicable);

k) Administrative violation record; Administrative penalty decision, fine receipt (if applicable);

l) Fire prevention and firefighting files of management agencies for establishments, fire prevention, firefighting, and rescue files of establishments;

m) Documents of the Prosecutor's Office related to the fire incident;

n) Statistics of documents in the file and other related documents to the fire incident (if applicable);

o) Other documents (if applicable).

3. The documents for investigating and resolving fire incidents as stipulated in this Article must be established, registered, managed, and used in accordance with the laws and regulations of the Ministry of Public Security on investigative work and public security investigative file management.

Article 31. Documents provided to compulsory fire and explosion insurance buyers or insurance businesses

1. When an insurance business or an organization or individual related to the fire incident requests the police agency currently handling the investigation, verification, and resolution of the fire incident or has handled the investigation, verification, and resolution of the fire incident to extract copies of the file to serve the resolution of the rights of parties involved in the fire incident who have participated in insurance, based on their assigned functions, tasks, and authority, the leadership of the agency or unit handling the investigation and resolution of the fire incident shall be responsible for providing documents (copies with confirmation from the agency or unit) in accordance with the law.

2. Providing documents to insurance businesses and compulsory fire and explosion insurance buyers according to Model No. 09 issued together with this Circular and accompanied by the following documents:

a) Notification of criminal information resolution results or notification of fire incident investigation and resolution results;

b) Most recent fire prevention and firefighting inspection report.

Chapter IV IMPLEMENTATION PROVISIONS

Article 32. Effectiveness

1. This Circular takes effect from January 15, 2025, and replaces Circular No. 55/2020/TT-BCA dated June 3, 2020, issued by the Minister of Public Security on the allocation of responsibilities and coordination relationships in the investigation and resolution of fire incidents by the People's Public Security force and Circular No. 11/2023/TT-BCA dated March 1, 2023, issued by the Minister of Public Security on the procedure for investigating and resolving fire incidents by the People's Public Security force.

2. For fire incidents currently being investigated and resolved under Circular No. 55/2020/TT-BCA dated June 3, 2020, issued by the Minister of Public Security on the allocation of responsibilities and coordination relationships in the investigation and resolution of fire and explosion incidents by the People's Public Security force and Circular No. 11/2023/TT-BCA dated March 1, 2023, issued by the Minister of Public Security on the procedure for investigating and resolving fire incidents by the People's Public Security force, they will continue to be handled according to these circulars until the investigation is concluded.

3. If legal regulations, articles, clauses, points of legal regulations cited in this Circular are amended, supplemented, or replaced, the content cited in this Circular will also be adjusted and implemented according to the amended, supplemented, or replaced legal regulations, articles, clauses, points.

Article 33. Responsibility for Implementation

1. The Fire Prevention and Firefighting and Rescue Bureau, in collaboration with the Investigation Department Office of the Ministry of Public Security, is responsible for:

a) Directing, monitoring, inspecting, and urging the implementation of this Circular;

b) Compiling materials, organizing training sessions on fire investigation, verification, and resolution;

c) Inspect the fire investigation and resolution work of local public security agencies.

2. Heads of units under the Ministry of Public Security, Provincial Police Chiefs, Chief of Police of centrally-administered cities have the responsibility to implement this Circular.

3. During the implementation of this Circular, if there are difficulties or obstacles, local police units should report to the Ministry of Public Security (through the Investigation Department Office of the Ministry of Public Security, the Fire Prevention and Firefighting and Rescue Bureau) for timely guidance.