Law No. 55/2024/QH15 dated November 29, 2024 on Fire and Rescue
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SOCIALIST
REPUBLIC OF VIETNAM |
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Law No. 55/2024/QH15 |
Hanoi, November 29, 2024 |
LAW
ON FIRE AND RESCUE
Pursuant to Constitution of the Socialist Republic of Vietnam;
The National Assembly promulgates the Law on Fire and Rescue.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Law prescribes fire prevention, firefighting, human rescue, property rescue (hereinafter referred to as “fire and rescue”), assurance of operating conditions and rights, obligations, responsibilities of relevant agencies, organizations, households, and individuals in fire and rescue operations.
Article 2. Definitions
In this Law, the terms below are construed as follows:
1. Fire means an exothermic chemical reaction that emits light or smoke, causes damage or casualties to people, property of agencies, organizations, individuals, affects the economy, environment order and security.
2. Fire prevention means a combination of actions, measures, and solutions for minimizing, eliminating the causes, conditions, and risks of fire so as to ensure safety and reduce damage caused by fire.
3. Firefighting means a combination of actions taken to prevent fire spread, extinguish fire, and other actions for minimizing damage caused by fire.
4. Accident means a situation detailed under Point b Clause 1 Article 32 hereof that causes casualties or potentially causes casualties regarding people, property of agencies, organizations, and individuals that require rescue.
5. Human rescue means an operation where humans are evacuated from life-threatening, health-threatening danger in fire, accidents, incidents, and search efforts.
6. Property rescue means an operation where vehicles and property are evacuated from danger in fire, accidents, and incidents.
7. Establishment under fire and rescue management (hereinafter referred to as “establishment”) means buildings, structures, locations serving residential, manufacturing mercantile, commercial, office purposes among other purposes, built and operated in a law-compliant manner, and named under list prescribed by the Government. An agency or organization may consist of multiple establishments. An establishment may consist of multiple agencies and/or organizations.
8. Establishment posing a risk of conflagration means an establishment with high risk of conflagration according to the list prescribed by the Government.
9. Hazardous material means goods containing substances or items that pose a fire risk when in gas form or liquid form or solid form and can combust or explode during management, transportation, and/or use thereby harming lives and health of people, causing damage to property, affecting the environment, security, order and named under the list prescribed by the Government.
10. Vehicle subject to fire safety requirements (hereinafter referred to as “vehicle”) means a motorized road vehicle, a railway vehicle, an inland waterway vehicle, or a sea vessel manufactured, assembled, built, or modified to transport passenger and hazardous materials; or a motorized road vehicle providing passenger transport with more than 8 seats (excluding the driver’s seat).
11. Head of establishment means a person legally responsible for implementing and maintaining safety conditions in fire and rescue at his/her establishment, including: legitimate representative of the establishment or individual assigned to oversee the establishment; household owner that lives in his/her own house which falls under the case detailed in Clause 7 of this Article.
12. Civil defense force means a unit formed by local government for fire and rescue operations in hamlets, neighborhoods.
13. Grassroots fire and rescue force means a unit formed by a head of establishment and operating on a part-time basis for fire and rescue at the establishment.
14. Specialized fire and rescue force means a unit formed by a head of establishment and operating on a full-time or part-time basis for fire and rescue at several establishments posing a risk of conflagration.
15. Firefighting area means an area where relevant forces deploy firefighting operations as per the law.
16. Rescue area means an area where relevant forces deploy rescue operations as per the law.
17. Fire prevention and firefighting design appraisal means consideration and evaluation of compliance with regulations of the law, technical standards, technical regulations applicable to fire prevention and firefighting design in investment and construction projects.
18. Fire prevention and firefighting commissioning means examination and cross-examination of structure, traffic structure, vehicle construction projects with appraised design dossiers.
19. Inspection of fire prevention and firefighting commissioning means an instance in which competent authority having jurisdiction inspects fire prevention and firefighting commissioning results of structure, traffic structure, vehicle construction projects.
20. Fire and rescue database means a specialized database serving fire and rescue governance, among other purposes; connected and sharing data with National general database and other relevant databases.
21. Authority having jurisdiction (AHJ) means an authority exercising state management functions over specific fields relating to fire prevention and firefighting and including: police authority, construction authority, and registration and inspection authority.
22. Fire prevention and firefighting infrastructures consist of network of facilities, stations, structures, water supply system, traffic system, and communication system for fire prevention and firefighting purposes.
Article 3. Application of fire and rescue laws
1. Fire and rescue operations carried out in territory of the Socialist Republic of Vietnam shall conform this Law and relevant law provisions.
2. Wildfire prevention and suppression, responsibilities for wildfire prevention and suppression shall conform to forestry laws.
3. In case of accidents, crisis, natural disasters, or pandemic to which state of emergencies has been declared or civil defense is adopted, rescue operations shall conform to state of emergency laws, civil defense laws, this Law, and other relevant law provisions.
Article 4. Fire and rescue policies of the Government
1. Guarantee state budget, facilities, modern vehicles, equipment, human resources, policies, benefits, working conditions of police department for fire prevention, firefighting, human rescue, and property rescue (hereinafter referred to as “fire and rescue police department”); develop full0time, elite, modern fire and rescue police department satisfactory to fire and rescue requirements in all situations.
2. Mobilize and utilize resources for fire and rescue operations. Invest and build fire, rescue, and fire alarm database that allows connection and data sharing at locations where fire and rescue police departments are stationed.
3. Provide training, advanced training, and human resources for performance of fire and rescue duties and human resources for design appraisal, inspection of commissioning, and fire prevention and firefighting inspection.
4. Arrange fire and rescue forces, vehicles in a manner appropriate to local conditions; encourage agencies, organizations, and individuals to develop, participate, and maintain fire and rescue safety models in local community.
5. Encourage, enable agencies, organizations, and individuals to study, adopt science and technology transfer in fire and rescue, investment, construction, transfer of system, vehicles, equipment for fire and rescue.
6. Agencies, organizations, and individuals that cooperate, collaborate, assist state authorities in fire and rescue operations shall be rewarded in accordance with regulations of the law depending on the nature and level of contribution.
Article 5. Fire and rescue principles
1. Comply with the Constitution, regulations and law of Vietnam, and international treaties to which the Socialist Republic of Vietnam is a signatory. Where Vietnam has not entered into an international treaty with a foreign country, fire and rescue operations shall be carried out on a reciprocal principle or diplomatic requirements without contradicting regulations of the law of Vietnam and compliant with international laws and practices.
2. Mobilize the general public in fire and rescue operations; exercise the role of fire and rescue forces.
3. actively prevent fire hazard, focus on prevention; promptly discover any errors and flaws pertaining to fire prevention and firefighting and take remedial measures accordingly; view fire prevention, accident prevention as recurrent tasks.
4. Prepare forces, vehicles, solutions, and conditions for promptly carrying out fire and rescue operations.
5. Jointly coordinate and exercise the role of readily available forces, vehicles, and facilities in case of fire and accidents; prioritize rescuing people and property; all water sources and extinguishants shall be prioritized for extinguishing fire.
6. Adopt advanced science and technology in fire and rescue operations.
7. All violations of the law pertaining to fire and rescue operations shall be promptly discovered, prevented, and met strict actions as per the law.
8. Ensure compassion, indiscrimination, and gender equality in fire and rescue operations.
Article 6. Reporting fire and rescue situations
1. Individuals discovering fire or rescue situations must immediately report to the nearest fire and rescue forces, police authority, or People’s Committee of communes.
2. Fire and rescue situation report shall be delivered via command, telephone, or devices delivering fire report or directly to agencies and forces under Clause 1 of this Article.
Fire and rescue situations can be reported via telephone by dialing 114.
3. Fire and rescue forces, police authority, or People's Committees of communes shall, upon receiving the report, immediately inform competent fire and rescue police department.
Article 7. State management responsibilities regarding fire and rescue
1. The Government jointly performs state management regarding fire and rescue operations.
2. The Ministry of Public Security shall act as liaison to assist the Government in jointly performing state management regarding fire and rescue operations.
3. The Ministry of National Defense and ministerial agencies shall, within their tasks and powers, cooperate with the Ministry of Public Security in performing state management regarding fire and rescue operations.
4. People’s Committees of all levels shall perform state management regarding fire and rescue operations in their administrative divisions. In respect of districts without commune-level administrative division, People’s Committees of districts shall exercise tasks and powers associated with People’s Committees of communes hereunder.
Article 8. Responsibilities of agencies, organizations, households, and individuals in fire and rescue operations
1. Fire and rescue are responsibilities of all agencies, organizations, households, and individuals working, living in the Socialist Republic of Vietnam.
2. Citizens of at least 18 years of age and adequate health are responsible for participating in grassroots fire and rescue forces, specialized fire and rescue forces, or civil defense forces when needed.
3. Heads of establishments have the responsibility to:
a) teach regulations of the law pertaining to fire and rescue; provide training and advanced training regarding fire and rescue operations for entities under their management;
b) establish and maintain grassroots fire and rescue forces or specialized fire and rescue forces in accordance with Article 37 hereof or assign individuals to take charge of fire and rescue operations within their power;
c) promulgate or request competent person to promulgate fire and rescue regulations;
d) implement, examine, expedite, and supervise agencies, organizations, individuals under their power regarding compliance with regulations, rules, measures, requirements, and continuation of safety conditions for fire and rescue;
dd) develop and organize training for firefighting and rescue measures as per the law;
e) decide or request competent persons to prepare and maintain functionality of fire and rescue instruments; organize fire and rescue operations; remediate consequences caused by fire and accidents;
g) produce and manage dossiers on fire and rescue operations under their management; declare and update data on fire prevention and firefighting;
h) exercise other tasks pertaining to fire and rescue in a law-compliant manner.
4. Vehicle owners have the responsibility to:
a) teach regulations of the law pertaining to fire and rescue; provide training and advanced training regarding fire and rescue operations for entities under their management;
b) promulgate fire and rescue regulations;
c) implement, examine, expedite, and supervise agencies, organizations, individuals under their power regarding compliance with regulations, rules, measures, requirements, and continuation of safety conditions for fire and rescue;
d) equip and maintain functionality of fire and rescue instruments; organize fire and rescue operations; remediate consequences of fire and accidents;
dd) develop and organize training for firefighting and rescue measures as per the law;
e) exercise other tasks pertaining to fire and rescue in a law-compliant manner.
5. Persons making investment decision, investors, owners of structures, owners of vehicles, agencies, organizations, and individuals shall, in respect of construction, manufacturing, assembly, building, modification of vehicles, have the responsibility to adopt fire prevention and firefighting requirements in the process of complying with technical standards, technical regulations, construction, construction monitoring, and commissioning regarding fire prevention and firefighting.
6. Owners of households that live in their own houses who are not heads of establishments shall have the responsibility to:
a) exercise Article 20 and Article 21 hereof;
b) communicate and encourage other family members to adhere to fire and rescue laws;
c) frequently examine at their discretion, discover, and promptly rectify risk of fire and accidents;
d) exercise other tasks pertaining to fire and rescue in a law-compliant manner.
7. Individuals shall have the responsibility to:
a) adhere to fire and rescue regulations, rules, measures, and requirements of agencies, organizations, and competent persons as per the law;
b) study fire and rescue knowledge, learn evacuation skills and common fire and rescue instruments;
c) ensure safety in use of fire sources, heat sources, equipment and vehicles that produce fire or heat, combustible substances;
d) discover and prevent risk of conflagration and violations of fire and rescue laws within their abilities;
dd) Engage in firefighting and rescue operations under mobilization of competent agencies, competent persons; comply with request, decision of commanding persons in firefighting, rescue operations.
8. Responsibilities pertaining to fire and rescue in respect of house leasing, rental, and lounging:
a) Landlords are responsible for expediting and requesting tenants to adhere to fire and rescue laws;
b) Tenants have responsibility under Clause 6 of this Article unless otherwise agreed with the landlords.
Where tenants incorporate manufacturing, mercantile activities to leased, borrowed, or lounging residences, the tenants shall also be responsible for maintaining fire safety conditions under Article 21 hereof.
9. Agencies, organizations, and individuals not mentioned under Clause 3 Article 50 hereof shall have responsibility to provide funding for fire and rescue operations under their management.
10. The Government shall elaborate Point c and Point g Clause 3, Point b Clause 4 and Clause 5 of this Article.
Article 9. Responsibility in popularizing and educating fire and rescue laws
1. Fire and rescue authorities shall take charge and cooperate with relevant agencies, organizations, and individuals in popularizing and teaching fire and rescue laws.
2. Communication and media agencies shall have responsibility to popularize and teach fire and rescue laws via mass media.
3. The Ministry of Transport shall take charge and cooperate with Ministry of Public Security in integrating knowledge of fire and rescue regulations of the law and skills to driving lessons.
4. The Ministry of Education and Training and the Ministry of Labor - War Invalids and Social Affairs shall, within their tasks and powers, cooperate with Ministry of Public Security, ministries, and relevant ministerial agencies in developing and integrating knowledge of fire and rescue regulations of the law to education programs and enabling implementing at preschools, formal education institutions, vocational education and training facilities, higher education institutions accordingly.
5. Ministries, ministerial agencies, People’s Committees of all levels shall, within their tasks and powers, have the responsibility to popularize and teach fire and rescue regulations of the law, develop means for popularizing and teaching accordingly.
6. People’s armed forces, agencies, organizations, and education institutions shall have responsibility to popularize, teach fire and rescue regulations of the law, and provide training for fire and rescue skills for entities under their management.
Article 10. Development and practice of fire and rescue measures
1. Heads of establishments, vehicle owners under Clause 2 Article 22 hereof shall have responsibility to develop and engage in drill of fire and rescue measures that utilize on-site forces and vehicles of the establishments, vehicles under their management.
2. Police authorities shall have the responsibility to:
a) develop and engage in drill of fire and rescue measures in respect of establishments posing a risk of conflagration;
b) develop and engage in drill of fire and rescue measures for accident scenarios under Point b Clause 1 Article 32 hereof which require mobilization of forces and vehicles of multiple agencies, organizations, and individuals.
3. Heads of establishments posing a risk of conflagration shall have responsibility to cooperate with police authorities in developing and engaging in drill of fire and rescue measures under Point a Clause 2 of this Article; Chairpersons of People's Committees of communes shall have responsibility to cooperate with police authorities in developing and engaging in drill of fire and rescue measures under Point b Clause 2 of this Article.
4. Agencies, organizations, and individuals mentioned under fire and rescue measures or rescue measures developed by police authorities shall have responsibility to arrange forces, personnel, and vehicles to participate in drill.
5. Military and border guard authorities shall have responsibility to take charge and cooperate with police authorities in developing and engaging in drill of fire and rescue measures in respect of establishments posing a risk of conflagration under their management.
6. The Government shall prescribe details and drill period of fire and rescue measures and rescue measures.
Article 11. Fire prevention and firefighting inspection
1. Subjects of fire prevention and firefighting inspection include:
a) Establishments under Clause 7 Article 2 hereof;
b) Houses, houses incorporating manufacturing and mercantile activities;
c) Vehicles under Clause 10 Article 20 hereof;
d) Structures under construction process.
2. Fire prevention and firefighting inspection includes:
a) Implementation of responsibility for fire and rescue of heads of establishments, household owners, and vehicle owners as per the law;
b) Provision and maintenance of fire safety conditions in respect of structures under construction, houses, houses incorporating manufacturing and mercantile activities, vehicles, establishments in accordance with Articles 19 through 23 hereof; implementation and maintenance of technical solutions for fire prevention and firefighting in respect of establishments under Clause 6 Article 55 hereof.
3. Entitlement to fire prevention and firefighting inspection:
a) Heads of establishments, household owners, vehicle owners, and developers shall conduct fire prevention and firefighting inspection at their discretion;
b) People’s Committees of communes, police authorities, construction authorities, registration and inspection authorities shall, within their tasks and powers, conduct fire prevention and firefighting inspection as per the law.
4. The Government shall elaborate Clause 2 and Clause 3 of this Article; prescribe procedures for fire prevention and firefighting inspection.
Article 12. Ngày toàn dân phòng cháy, chữa cháy, cứu nạn, cứu hộ (National fire and rescue day)
October 4 of each year is appointed as “Ngày toàn dân phòng cháy, chữa cháy, cứu nạn, cứu hộ” (National fire and rescue day).
Article 13. International cooperation in fire and rescue
1. The Government of the Socialist Republic of Vietnam shall engage in international cooperation in fire and rescue. International cooperation in fire and rescue must adhere to principles below:
a) Respect independence, sovereignty, equality, and reciprocity; respect regulations of the law of Vietnam, international treaties to which the Socialist Republic of Vietnam is a signatory, and relevant international agreements pertaining to fire and rescue;
b) Enable domestic organizations, individuals, overseas Vietnamese, foreign organizations, individuals, and international organizations to participate in cooperation in fire and rescue operations;
c) Expand, develop training, research, study, and application of science and technology; cooperate in search and rescue; invest, build fire and rescue structures and infrastructures;
d) Prioritize international cooperation in training, study, application of science, and transfer of technology; share experience and cooperate in fire and rescue operations.
2. International cooperation in fire and rescue includes:
a) Exchanging information, learning, consulting experience in fire and rescue operations;
b) Assisting in firefighting and rescue;
c) Providing training, advanced training, carrying out drills, studying, applying science, transferring technology pertaining to fire and rescue;
d) Developing fire and rescue infrastructures and structures;
dd) Preparing fire and rescue instruments.
3. The Ministry of Public Security shall take charge and cooperate with ministries and central departments in assisting the Government in negotiating, signing international treaties, international agreements, or requesting competent authorities to sign international treaties, international agreements on fire and rescue; take charge and cooperate with ministries and central departments in engaging in international cooperation in fire and rescue.
Article 14. Prohibited actions
1. Intentionally causing explosion, fire, accidents or inciting, luring, persuading other people to cause fire, explosion, or accidents thereby causing damage or potentially causing damage to people, property of agencies, organizations, individuals or affecting the economy, environment, order and security.
2. Insulting, threatening, obstructing, or resisting forces in the performance of their duties or persons engaging in fire and rescue operations.
3. Exploiting or abusing the performance of fire and rescue operations to commit violations of the law, petty corruption, infringement of benefits of the Government, legitimate rights and benefits of agencies, organizations, and individuals.
4. Exploiting fire and rescue operations to commit violations of the law, infringement of benefits of the Government, legitimate rights and benefits of agencies, organizations, and individuals.
5. Falsifying or fabricating results of fire prevention and firefighting design appraisal, inspection of fire prevention and firefighting commissioning.
6. Reporting false fire; false rescue situations.
7. Manufacturing, storing, transporting, using, illegally trading hazardous materials.
8. Repurposing or adding occupancies to structures or work items in a manner that does not guarantee fire safety as per the law.
9. Trading fire and rescue instruments of a quality that does not conform to applicable standards and corresponding technical regulations.
10. Appropriating, destroying, vandalizing fire and rescue instruments; deliberately changing, relocating, obstructing fire and rescue instruments, signs, guiding signage installed as per the law; obstructing means of egress; otherwise negating the effectiveness of means of egress, exit paths, fire spread preventive measures.
11. Occupying or obstructing operation of motorized fire and rescue instruments.
Chapter II
FIRE PREVENTION
Article 15. Fire prevention and firefighting requirements in development, revision, approval of urban and rural planning
Upon developing, revising, or approving general planning, zone planning, detail planning of cities, residential areas, industrial parks, and other functional areas in accordance with urban and rural planning laws, fire prevention and firefighting solutions and design shall be developed in a manner appropriate to level of planning and compliant with provisions below:
1. General planning shall incorporate development of fire prevention and firefighting infrastructure.
2. Urban zone planning, functional area planning where zone planning is required shall include:
a) Water sources and solutions for water supply network for firefighting;
b) Traffic network serving fire and rescue operations;
c) Location and size of headquarters of fire and rescue units in planning areas.
3. Detail planning of cities, residential areas, industrial parks, and functional areas shall include:
a) Roads, parking lots, open areas accommodating operation of fire trucks and motorized firefighting vehicles;
b) Sources of water for firefighting from tanks, ponds, natural lakes, artificial lakes, or outdoor water supply system for firefighting;
c) Power sources for fire prevention and firefighting;
d) Location of fire and rescue forces of adequate construction areas and requirements defined under planning in Clause 1 and Clause 2 of this Article;
4. Competent authorities according to urban and rural planning laws shall only approve general planning, zone planning, detail planning of cities, residential areas, industrial parks, and functional areas if fire prevention and firefighting requirements under Clauses 1 through 3 of this Article are met;
5. The Government shall elaborate this Article.
Article 16. Fire prevention and firefighting requirements in development and revision of construction projects, design, renovation, repurposing of structures, manufacturing, assembly, construction, modification of vehicles
1. Upon development and revision of construction projects, design, renovation, repurposing of structures under Clause 7 Article 2 hereof and construction of temporary structures in accordance with construction laws, fire prevention and firefighting solutions and design shall be developed in a manner appropriate to occupancies and characteristics of the structures and provisions below:
a) Fire safety separation distance;
b) Roads, parking lots, open areas accommodating fire and rescue operations;
c) Egress solutions;
d) Expected fire resistance category, fireproofing solutions, fire spread preventive measures;
dd) Smokeproofing solutions;
e) Power system for fire prevention and firefighting;
g) Fire prevention and firefighting vehicles and system.
2. Upon manufacturing, assembly, construction, or modification of vehicles, fire prevention and firefighting solutions and design shall be developed in a manner appropriate to nature, characteristics of the vehicles and compliant to requirements below:
a) Fireproofing solutions, fire spread preventive measures;
b) Fire safety measures for energy, fuel supply system and engines;
c) Hazardous gas, liquid leak detection system and equipment;
d) Fire prevention and firefighting vehicles and system.
Article 17. Appraisal of fire prevention and firefighting design
1. Appraisal of fire prevention and firefighting design in construction projects for structures, traffic structures and vehicles, other than temporary structures in accordance with construction laws:
a) Persons making investment decision shall appraise details under Points a, b, c, d, and dd Clause 1 Article 16 hereof in respect of construction and investment technical-economic reports, appraise details under Clause 1 Article 16 hereof in respect of construction and investment feasibility study that is not under the scope of project appraisal carried out by construction authorities in accordance with construction laws but is under the scope of fire prevention and firefighting appraisal;
b) Construction authorities shall appraise details under Points a, b, c, d, and dd Clause 1 Article 16 hereof in respect of projects that are required to undergo fire prevention and firefighting design appraisal for the purpose of appraising construction and investment feasibility study and undergo appraisal of construction design following fundamental design in accordance with construction laws;
c) Registration and inspection authorities shall appraise details under Points a, b, and c Clause 2 Article 16 hereof upon carrying out design appraisal in accordance with registration laws in respect of vehicles that are required to undergo fire prevention and firefighting design;
d) Police authorities shall appraise details under Points e and g Clause 1 Article 16 hereof in respect of construction and investment technical-economic report, construction design following fundamental design of structures that are required to undergo fire prevention and firefighting design appraisal; appraise details under Point d Clause 2 Article 16 hereof in respect of vehicles that are required to undergo fire prevention and firefighting design appraisal;
dd) Developers, structure owners shall appraise details under Points a, b, c, d, and dd Clause 1 Article 16 hereof in respect of construction design following fundamental design of structures that are not required to undergo appraisal of construction design following fundamental design at construction authorities as per the law but are required to undergo appraisal of fire prevention and firefighting design carried out by police authorities; appraise details under Point e and Point g Clause 1 Article 16 hereof in respect of construction design following fundamental design of structures that are not required to undergo fire prevention and firefighting design appraisal carried out by police authorities.
2. Where structures that are required to undergo fire prevention and firefighting design appraisal have their design revised in a manner that alters fire prevention and firefighting requirements under Clause 1 Article 16 hereof or have their occupancies altered during use or are renovated in a manner that alters fire safety conditions, fire prevention and firefighting design must be adjusted and appraised accordingly. Adjustment and appraisal of fire prevention and firefighting design shall conform to Clause 1 Article 16 and Clause 1 Article 17 hereof.
3. Developers, owners of structures, vehicle owners shall only commence construction, renovation of structures and work items, manufacture, assemble, build, or renovate vehicles that are required to undergo fire prevention and firefighting design appraisal if written appraisal for fire prevention and firefighting design is issued by AHJ.
4. The Government shall elaborate Clause 1 and Clause 2 of this Article; issue list of structures and vehicles that must undergo fire prevention and firefighting design appraisal carried out by police authorities, construction authorities, and registration and inspection authorities; prescribe details, procedures, and entitlement to appraisal of fire prevention and firefighting design; regulate responsibilities for cooperation in fire prevention and firefighting design appraisal.
Article 18. Fire prevention and firefighting commissioning and commissioning inspection
1. Developers, owners of structures, vehicle owners are responsible for commencing construction, commissioning structures and vehicles in accordance with appraised fire prevention and firefighting design; developers, owners of structures, vehicle owners, and construction entities are responsible for maintaining safety in fire prevention and firefighting throughout construction process of structures and vehicles under their management.
2. Developers, owners of structures, and vehicle owners shall carry out fire prevention and firefighting commissioning for structures and vehicles as follows:
a) Fire prevention and firefighting commissioning shall be carried out for individual part, stage, work item, system and completion of construction process;
b) Fire prevention and firefighting commissioning for obstructed parts of structures or vehicles shall be carried out before subsequent construction steps;
c) Fire prevention and firefighting commissioning can be carried out for individual parts or work items of structures if such parts and work items can function independently and meet fire safety conditions.
3. Developers, owners of structures, and vehicle owners are legally responsible for results of fire prevention and firefighting commissioning for structure and vehicles.
4. Structures and vehicles that are required to undergo fire prevention and firefighting design appraisal following fire prevention and firefighting commissioning shall undergo inspection for fire prevention and firefighting commissioning carried out by AHJ; structures, structure parts and work items, and vehicles shall only be brought into operation if AHJ approves fire prevention and firefighting commissioning results.
5. Inspection of fire prevention and firefighting commissioning shall be regulated as follows:
a) Construction authorities shall carry out fire prevention and firefighting commissioning before bringing structures, structure parts, work items into use in respect of those that have had their fire prevention and firefighting design appraised by construction authorities in accordance with Point b Clause 1 Article 17 hereof and those that must undergo construction quality commissioning in accordance with construction laws;
b) Registration and inspection authorities shall carry out fire prevention and firefighting commissioning for vehicles that have undergone fire prevention and firefighting design appraisal carried out by registration and inspection authorities in accordance with Point c Clause 1 Article 17 hereof for the purpose of inspection and issuance of certificate of technical safety and environmental protection;
c) Police authorities shall inspect fire prevention and firefighting commissioning for structures, structure parts, work items, and vehicles that have undergone fire prevention and firefighting design appraisal carried out by police authorities in accordance with Point d Clause 1 Article 17 hereof.
6. The Government shall elaborate Clause 1 of this Article; prescribe details, procedures, and entitlement to fire prevention and firefighting commissioning; regulate responsibilities for cooperation in inspection of fire prevention and firefighting commissioning.
Article 19. Fire prevention for structures under construction
1. Structures under construction shall meet fire safety conditions below:
a) Fire and rescue regulations appropriate to characteristics of the construction site are promulgated;
b) Prohibitory signs, warning signs, and guiding signs are installed as per the law;
c) Adequate fire prevention and firefighting vehicles or systems appropriate to characteristics of structures are equipped in accordance with construction safety laws;
d) Personnel in charge of fire and rescue duties are assigned.
2. Developers, owners of structures, and construction entities are responsible for implementing and maintaining fire safety conditions under Clause 1 of this Article.
Article 20. Fire prevention for houses
1. Houses that are not mentioned under Clause 3 and Clause 4 of this Article shall meet fire safety conditions below:
a) Electrical appliances are installed and used in a manner satisfactory to fire safety conditions under Point c Clause 1 Article 24 hereof;
b) Cooking appliances, places of worship and incineration of joss paper shall be located in safe locations; combustible items and substances must not be located close to any fire source, heat source.
2. Houses that are not mentioned under Clause 3 and Clause 4 of this Article shall meet firefighting and emergency escape conditions below:
a) Fire prevention and firefighting vehicles appropriate to local capabilities and conditions are provided;
b) Means of egress, emergency exit, or exit paths are provided.
3. In respect of houses whose technical regulations, technical standards are prescribed under legislative documents or technical regulations on fire and rescue, said technical regulations and standards shall prevail.
4. In respect of houses specified under the list of establishments under fire and rescue management, Article 23 hereof shall prevail.
5. In respect of houses in central-affiliated cities and in areas with insufficient traffic infrastructures or water supply for firefighting in accordance with fire prevention and firefighting laws and technical regulations, fire extinguishers, fire alarm transmission devices connected to fire, rescue, and fire alarm database in accordance with roadmap of the Government shall be provided.
In respect of houses in other areas, fire alarm transmission devices connected to fire, rescue, and fire alarm database are recommended.
People’s Committees of central-affiliated cities shall define areas with insufficient traffic infrastructures or water sources for firefighting.
6. Fire and rescue police department are responsible for guiding connection of fire alarm transmission devices to fire, rescue, and fire alarm database when needed.
Article 21. Fire prevention for houses incorporating manufacturing, mercantile activities
1. Houses incorporating manufacturing, mercantile activities shall meet fire safety conditions below:
a) Fire safety conditions under Article 20 hereof must be met;
b) Prohibitory signs, warning signs, and guiding signs are installed as per the law;
c) Manufacturing, mercantile zones of hazardous materials shall be physically separated from residential zones.
2. Houses incorporating manufacturing or mercantile activities involving hazardous materials shall meet fire safety conditions below:
a) Fire safety conditions under Clause 1 of this Article must be met;
b) Sleeping areas must not be located in manufacturing, mercantile zones;
c) Fire alarms, ventilation measures, combustible gas detectors appropriate to occupancies and characteristics of houses incorporating manufacturing and mercantile activities involving hazardous materials are provided;
d) Manufacturing and mercantile areas involving hazardous materials shall be physically separated from means of egress of residential zones by fire-rated materials.
Article 22. Fire prevention for vehicles
1. Motorized road vehicles transporting passengers, hazardous materials shall meet fire safety conditions below:
a) Prohibitory signs, warning signs, and guiding signs are installed as per the law;
b) Fire prevention and firefighting requirements under Clause 2 Article 16 hereof are exercised.
2. Railroad vehicles, inland waterway vehicles, sea vessels transporting passengers and hazardous materials must meet fire safety conditions below:
a) Fire safety conditions in accordance with railway laws, inland waterway traffic laws, and maritime laws are met;
b) Conditions under Clause 1 of this Article are fulfilled;
c) Vehicles that are required to undergo fire prevention and firefighting design appraisal are required to be accompanied by written appraisal for fire prevention and firefighting design and written approval of fire prevention and firefighting commissioning results issued by AHJ;
d) Firefighting and rescue measures are in place.
3. Vehicles that are manufactured, assembled, built, renovated and are required to undergo fire prevention and firefighting design appraisal shall only be issued with certificate of technical safety and environmental protection if written approval of fire prevention and firefighting commissioning results is issued.
4. watercraft of international organizations, foreign organizations and individuals must meet fire safety conditions in accordance with regulations of the law of Vietnam.
5. Owners, masters, captains, vehicle operators are responsible for maintaining fire safety during operation of the vehicles.
Article 23. Fire prevention for establishments
1. Establishments must meet fire safety conditions below:
a) Fire and rescue regulations appropriate to each establishment are developed;
b) Fire and rescue instruments and systems are provided as per the law;
c) Fire alarm transmission devices connected to fire, rescue, and fire alarm database are provided; fire and rescue data are declared and updated in accordance with the roadmap prescribed by the Government;
d) Fire prevention and firefighting requirements under Points a, b, c, d, dd, and e Clause 1 Article 16 hereof are fulfilled;
dd) Firefighting and rescue measures are in place;
e) Grassroots fire and rescue forces or specialized fire and rescue forces are established in accordance with Article 37 hereof or personnel in charge of fire and rescue duties are assigned.
2. Agencies and organizations operating within an establishment shall meet fire safety conditions below:
a) Fire and rescue regulations appropriate to operation of the agencies and organizations are promulgated;
d) Safety measures are adopted in the use of fire source, heat source, equipment or devices that generate fire, heat, combustible substances in areas under their management;
c) Personnel are assigned to engage in grassroots fire and rescue forces or specialized fire and rescue forces as per the law;
d) Fire safety conditions are implemented and maintained in areas under their management.
Article 24. Fire prevention in electrical installation and use in domestic, manufacturing purposes
1. Electrical installation and use in domestic purposes must meet fire safety conditions below:
a) Safety regulations on electricity use in domestic purposes are adhered to in accordance with electricity laws;
b) Electricity retailers, for the purpose of establishing power connection for domestic purposes, must advise the installation and use of electrical system and appliances so as to ensure fire safety;
c) Installation and use of electrical wires, electric appliances indoors must meet electrical safety requirements of regulations of the law; be frequently inspected and replaced;
d) Only charging devices for electric vehicles satisfactory to national technical regulations are used; indoor charging locations for electric vehicles shall be protected by fire safety measures; concentrated indoor charging locations for electric vehicles must also be protected by fire protection assemblies and appropriate firefighting instruments satisfactory to regulations.
2. Electrical installation and use in manufacturing purposes must meet fire safety conditions below:
a) Safety regulations on electricity use in manufacturing in accordance with electricity laws and Point b, Point c Clause 1 of this Article must be adhered to;
b) Electrical appliances used in environment with conflagration hazards must be specialized equipment as per the law.
3. Organizations and individuals trading electrical products and appliances are responsible for advising and providing information pertaining to quality and technical performance characteristics of the products and appliances depending on use purposes.
4. Electricity retailers are responsible for communicating and providing guidelines pertaining electricity safety in domestic and manufacturing operations and exercising other tasks pertaining to electrical safety as per electricity laws.
Chapter III
FIREFIGHTING
Article 25. Responsibility for firefighting
1. Individuals detecting fire, agencies, organizations, households, and individuals close to locations of the fire are responsible for firefighting within their capabilities.
2. Heads of agencies, organizations, heads of hamlets, heads of neighborhoods, Chairpersons of People’s Committees of communes level and higher are responsible for organizing firefighting in areas under their management; mobilizing forces, vehicles, property under their management for firefighting efforts at request of firefighting commanding officers.
3. Healthcare, electricity, water supply, city environment, traffic authorities, and other relevant agencies, organizations, entities are responsible for cooperating in firefighting at request of competent fire and rescue police department or firefighting commanding officers; mobilizing personnel and instruments under their management to arrive the scene to provide assistance.
4. Fire and rescue forces shall promptly arrive at the scene upon receiving fire report in areas under their management or upon receiving order, mobilization decision.
5. People’s public security forces are responsible for maintaining security, order, protecting the scene; participating in firefighting; maintaining traffic order and security and allowing firefighting forces to arrive at the scene as fast as possible.
6. People’s Committees of administrative divisions adjacent to location of the fire are responsible for mobilizing forces, personnel, vehicles, and property of agencies, organizations, households, and individuals under their management to participate in firefighting at request of firefighting commanding officers.
7. The Minister of Public Security shall promulgate regulations on standby regimes of fire and rescue police departments and other forces in the people’s public security forces.
8. The Minister of National Defense shall promulgate regulations on responsibilities for firefighting in respect of structures, facilities, vehicles under their management serving national defense and security; cooperate with Ministry of Public Security in firefighting efforts in respect of dual-use structures in accordance with regulations of the Government.
Article 26. Mobilization of forces, personnel, vehicles, and property for firefighting
1. In case of fire, personnel, vehicles, and property of agencies, organizations, households, and individuals can be mobilized for firefighting; when necessary, firefighting commanding officers may request diplomacy representative missions, consular representative missions, representative missions of international organizations to assign their forces, personnel, and vehicles for firefighting.
2. Agencies, organizations, households, and individuals, upon being mobilized, are responsible for assigning forces, personnel, vehicles, and property for firefighting.
3. Vehicles, property of agencies, organizations, households, and individuals mobilized for firefighting shall be returned after firefighting operation is concluded; compensation shall be issued for vehicles and property damaged or lost as a result of the mobilization.
Competent persons issuing decision on mobilization are responsible for making compensation. Rate and payment of compensation shall be similar to those of compensation for individuals whose property is expropriated requisitioned in accordance with property requisition and expropriation laws.
4. Forces and individuals mobilized for firefighting duties shall be given priority upon public transport.
5. Entitlement to mobilization of forces, individuals, vehicles, property for firefighting:
a) Chairpersons of People's Committees of all levels, heads of agencies, organizations shall have the right to mobilize forces, personnel, vehicles, and property of agencies, organizations, households, and individuals under their management;
b) Heads of fire and rescue police department of provincial police authorities shall have the right to mobilize forces, individuals, vehicles, property of fire and rescue police forces under their management; Director of Fire and Rescue Police Department shall have the right to mobilize forces, personnel, vehicles, and property of all fire and rescue police forces on a nationwide scale;
C Directors of provincial police authorities, heads of district police authorities shall have the right to mobilize forces, personnel, vehicles, and property of people’s public security forces under their management; the Minister of Public Security shall have the right to mobilize forces, personnel, vehicles, property of agencies, organizations, households, individuals.
6. The Government shall prescribe procedures for mobilizing forces, personnel, vehicles, and property for firefighting; mobilizing forces, personnel, vehicles, and property of the military for firefighting.
Article 27. Water sources for firefighting
1. Water sources for firefighting delivered via fire hydrants shall be provided by centralized water supply system, water supply system for firefighting, tanks, ponds, reservoirs, lakes, rivers, streams, or other readily available water sources.
2. Fire hydrants shall be installed along centralized water supply system in accordance with technical regulations and technical standards on water supply for firefighting. Expenditure on use of water provided via centralized water supply system for firefighting and fire and rescue drill shall be covered by state budget.
3. Drafting areas for fire trucks and fire pumps shall be located within vicinity of ponds, lakes, rivers, streams, canals of cities and residential areas.
4. The Government shall prescribe responsibilities for investment, management, and maintenance of fire hydrants; investment and management of drafting areas for fire trucks and fire pumps.
Article 28. Firefighting commanding officers
1. Individuals of the highest rank in people’s public security forces assigned to coordinate firefighting operations and preset at the scene shall be firefighting commanding officers.
2. Where people’s public security forces have not arrived at the scene, firefighting commanding officers shall be:
a) Heads of establishment in case of fire at establishments; leaders of grassroots fire and rescue forces or leaders of specialized fire and rescue forces or authorized persons in case of absence of heads of establishments;
b) Vehicle owners or coordinators in case of fire involving vehicles in traffic; vehicle operators in case of absence of vehicle owners and coordinators;
c) Heads of hamlets, neighborhoods in case of fire in hamlets or neighborhoods that do not fall under cases detailed in Point a and Point b of this Clause; leaders of civil defense forces or authorized persons in case of absence of heads of hamlets, neighborhoods.
3. Firefighting commanding officers affiliated to the people’s public security forces shall command via orders, be accountable for their decisions, and have the right to:
a) utilize forces and vehicles of police authorities under their management for firefighting;
b) mobilize within their power or request competent persons to mobilize forces, personnel, vehicles, property of agencies, organizations, households, and individuals for firefighting as per the law;
c) identify and decide firefighting areas, firefighting measures, use of adjacent topography, and landmarks for firefighting;
d) prohibit unauthorized individuals and vehicles from entering firefighting areas;
dd) make decisions on relocating, dismantling obstacles, property for rescue and preventing fire spread as per the law.
4. Firefighting commanding officers under Clause 2 of this Article shall be responsible for their decision and have the right to:
a) utilize forces and vehicles under their management for firefighting;
b) request competent persons to mobilize forces, personnel, instruments, property of agencies, organizations, households, and individuals for firefighting as per the law;
c) make decisions on relocating, dismantling obstacles, property for rescue and preventing fire spread as per the law.
Article 29. Remediation of fire consequences
1. Remediation of fire consequences consists of activities below:
a) Immediately providing emergency medical care for the victims; assisting people suffering from damage to stabilize;
b) Adopting solutions for environmental hygiene, social order and safety;
c) Promptly restoring manufacturing, mercantile, service activities, and other activities.
2. Heads of establishments, heads of agencies, organizations in establishments involved in a fire, Chairpersons of People’s Committees, owners of vehicles involved in a fire, household owners whose houses are involved in a fire are responsible organizing implementation of Clause 1 of this Article within their capabilities.
Article 30. Scene protection and fire investigation
1. Police authorities are responsible for protecting the scene, examining the scene, and investigating the fire as per the law.
2. Agencies, organizations, households, and individuals at the location of the fire are responsible for participating in protecting the scene and providing information on the fire for police authorities.
Article 31. Firefighting at diplomacy representative missions, consular representative missions, representative missions of international organizations, and residences of members of these missions
1. Fire and rescue police forces of Vietnam shall, upon being permitted to enter diplomacy representative missions, consular representative missions, representative missions of international organizations, and residences of members of these missions, adhere to international treaties to which the Socialist Republic of Vietnam is a signatory and regulations of the law of Vietnam.
2. Fire and rescue forces of Vietnam are still responsible for preventing fire spread outside of diplomacy representative missions, consular representative missions, representative missions of international organizations, and residences of members of these missions.
Chapter IV
RESCUE
Article 32. Rescue situations
1. Rescue situations include:
a) Rescue in a fire;
b) Rescue in case of accidents, including: drowning victims; structural failure of buildings, structures, trees; vehicular accidents; landslide; road, railway, inland waterway traffic accidents; and other accidents;
c) Victim search.
2. Fire and rescue forces shall take charge of rescue operations in situations detailed in Clause 1 of this Article; cooperate in rescue and remediation operations for other accidents, natural disasters, and epidemic as per the law.
Article 33. Responsibilities in rescue operations
1. Individuals discovering rescue situations, agencies, organizations, households, and individuals close to location of fire or accidents shall participate in rescue operations within their capabilities.
2. Healthcare, electricity, water supply, city environment, traffic authorities, and other relevant agencies, organizations, entities are responsible for immediate cooperation in rescue operations at request of competent fire and rescue police forces or rescue commanding officers; mobilize personnel and vehicles under their management to arrive at the scene of fire and accidents to assist in rescue operations.
3. Fire and rescue forces shall, upon receiving report about accidents, immediately deploy rescue operations in areas under their management or, upon receiving mobilization order and decision, promptly arrive to deploy rescue operations.
4. People’s public security forces are responsible for maintaining security and order, protecting accident locations; participating in rescue operations; maintaining traffic order and safety for forces and vehicles performing rescue duties.
5. Heads of agencies, organizations, Chairpersons of People’s Committees of all levels are responsible for participating in rescue operations in areas under their management.
6. The Minister of Public Security shall prescribe standby regime for rescue operation, rescue arrangement of fire and rescue police forces and other forces in people’s public security.
Article 34. Rescue commanding officer
1. In case of fire where rescue is required, firefighting commanding officers affiliated to people’s public security shall act as rescue commanding officers.
2. In case of accident where rescue is required, individuals of the highest rank in people’s public security forces assigned to coordinate rescue operations and present at the scene shall be rescue commanding officers for accidents under Point b Clause 1 Article 32 hereof.
3. Rescue commanding officers under Clause 1 and Clause 2 of this Article shall give orders, be legally responsible for their decisions, and have the right to:
a) utilize forces and vehicles of police authorities under their management for rescue operations;
b) mobilize within their power or request competent persons to mobilize forces, personnel, instruments, property of agencies, organizations, households, and individuals for rescue operations as per the law;
c) identify and determine rescue areas, rescue measures, and the use of natural topography and landmarks for rescue operation;
d) prevent unauthorized persons and vehicles from entering areas of rescue operations;
dd) make decisions regarding relocation and dismantlement of obstacles and property within areas of rescue operation as per the law.
4. Where rescue commanding officers affiliated to people’s public security forces have not arrived at the scene, heads of establishments, heads of hamlets, neighborhoods where the accidents occur shall utilize forces, personnel, and vehicles under their management for rescue operation and participate in rescue and remediation efforts.
Article 35. Mobilization of forces, personnel, vehicles, property for rescue operation
1. In case of rescue operations, forces, personnel, vehicles, and property of agencies, organizations, households, individuals can be mobilized for rescue operations; when necessary, rescue commanding officers shall request diplomacy representative missions, consular representative missions, representative missions of international organizations in Vietnam to arrange forces, personnel, and vehicles for assistance in rescue operations.
2. Agencies, organizations, households, and individuals shall, upon being mobilized fore rescue operations, arrange forces, personnel, vehicles, and property for rescue operations.
3. Vehicles and property of agencies, organizations, households, individuals mobilized for rescue operations shall be returned after rescue operations have concluded; compensation shall be issued for vehicles and property damaged or lost as a result of the mobilization.
Competent persons issuing decision on mobilization are responsible for making compensation. Rate and payment of compensation shall be similar to those of compensation for individuals whose property is expropriated requisitioned in accordance with property requisition and expropriation laws.
4. Forces and personnel mobilized for rescue operations shall be given priority on public transport.
5. Entitlement to mobilization of forces, personnel, vehicles, and property for rescue operation:
a) Heads of agencies, organizations have the right to mobilize forces, personnel, vehicles, and property under their management;
b) Director of Fire and Rescue Police Department, directors of fire and rescue police departments affiliated to provincial police authorities have the right to mobilize forces, vehicles of fire and rescue police forces under their management;
c) The Minister of Public Security, directors of provincial police authorities, and heads of district police authorities have the right to mobilize forces, personnel, vehicles, and property of people’s public security forces under their management.
6. The Government shall elaborate procedures for mobilize forces, personnel, vehicles, and property for rescue operation.
Chapter V
DEVELOPMENT, DISTRIBUTION, DUTIES OF FIRE AND RESCUE FORCES
Article 36. Fire and rescue forces
1. Fire and rescue police forces.
2. Grassroots fire and rescue forces.
3. Specialized fire and rescue forces.
4. Civil defense forces.
Article 37. Establishment and management of grassroots fire and rescue forces, specialized fire and rescue forces, and civil defense forces
1. Grassroots fire and rescue forces shall be established, managed, and arranged into grassroots fire and rescue teams; specialized fire and rescue forces shall be established, managed, and arranged into specialized fire and rescue teams.
2. Establishments where specialized fire and rescue teams have been established shall not be required to have grassroots fire and rescue teams established.
3. Civil defense forces shall be established in specific hamlets or neighborhoods as follows in communes or districts if communes are not implemented:
a) Civil defense teams can be established;
b) Depending on fire and rescue requirements, socio-economic conditions, population, natural area of local areas, provincial People’s Council shall determine criteria for establishment of civil defense teams and number of members of civil defense teams in areas under their management;
c) Provincial People’s Committees shall decide on the number of civil defense teams, number of members in civil defense teams of hamlets and neighborhoods in areas under their management in each commune;
d) Depending on decision on provincial People’s Committees under Point c of this Clause, Chairpersons of People’s Committees of communes shall decide on establishment of civil defense teams and members of civil defense teams;
dd) Prioritize security teams in accordance with the Law on grassroots security and order forces for participation in civil defense teams;
a) In respect of hamlets and neighborhoods where leaders, vice leaders of security and order teams in accordance with grassroots security force laws, Chairpersons of commune People’s Committees shall assign leaders and vice leaders of security teams as leaders and vice leaders of civil defense forces.
4. The Government shall prescribe establishments where grassroots fire and rescue teams, specialized fire and rescue teams are required; organization, operation, and working regulations of grassroots fire and rescue forces, specialized fire and rescue forces, and civil defense forces.
Article 38. Duties of grassroots fire and rescue forces, specialized fire and rescue forces, and civil defense forces
1. Grassroots fire and rescue forces, specialized fire and rescue forces, and civil defense forces have the duty to:
a) request competent persons to promulgate regulations on fire and rescue, develop and practice fire and rescue drill in areas under their management;
b) participate in fire and rescue operations within their capabilities and upon being mobilized.
2. Grassroots fire and rescue forces, specialized fire and rescue forces, and civil defense forces shall participate in:
a) communicating and popularizing knowledge, law, and skills pertaining to fire and rescue for entities under their management; developing movement towards public participation in fire and rescue operations;
b) developing fire and rescue measures, rescue measures for police authorities; preparing forces, personnel, and vehicles for drill;
c) exercising other duties as per the law.
Article 39. Voluntary fire and rescue operations
1. Voluntary fire and rescue operations are operations where individuals voluntarily register to commune police authorities in administrative divisions of their residence to participate in fire and rescue operations.
2. Individuals engaging in fire and rescue operations voluntarily shall undergo training and professional training for fire and rescue operation.
3. When necessary, fire and rescue forces may request commune police authorities to mobilize registered individuals for fire and rescue operations.
4. The Government shall implement policies encouraging the general public to register for fire and rescue operations voluntarily.
5. The Government shall elaborate this Article.
Article 40. Development and distribution of fire and rescue police forces
1. Fire and rescue police forces affiliated to people’s public security shall be organized, arranged, and governed in a unified manner from central to local government in accordance with regulations of the Minister of Public Security.
2. The Government shall develop official, elite, and modern fire and rescue police forces; prioritize resources for development of fire and rescue police forces; provide training and advanced training for fire and rescue police forces regarding regulations of the law, fire and rescue operations to meet Vietnam’s socio-economic development demands.
3. Vietnamese agencies, organizations, and citizens are responsible for assisting in the development of fire and rescue police forces.
Article 41. Duties of fire and rescue police forces
1. Advise and request the Minister of Public Security to promulgate or request competent authority promulgate and organize implementation of strategies, policies, schemes, projects, planning, plans, and regulations of fire and rescue laws.
2. Communicate, popularize, and teach fire and rescue laws; provide guidelines on development of movement towards public participation in fire and rescue operations; provide training and advanced training pertaining to fire and rescue knowledge, skills.
3. Develop and practice fire and rescue measures, rescue measures.
4. Carry out firefighting, rescue operations.
5. Appraise fire prevention and firefighting design, inspect fire prevention and firefighting commissioning.
6. Provide guidelines on development of fire and rescue forces; provide guidelines on implementation of fire prevention and firefighting operations; provide guidelines on equipment, management, and use of fire and rescue instruments.
7. Study, adopt science and technology in fire and rescue.
8. Gather statistics and data pertaining to fire and rescue operations; develop, manage, use, and operate the fire, rescue, and fire alarm database.
9. Inspect, investigate, and take actions against violations of fire and rescue laws as per the law.
10. Manage certificate for conformance to fire and rescue standards, fire and rescue regulations in accordance with goods and product quality laws and technical regulation, technical standard laws.
11. Conduct investigations in accordance with criminal proceeding laws and criminal investigation laws.
12. Engage in international cooperation in fire and rescue.
13. Exercise other duties in accordance with people’s public security laws and other relevant provisions of the law.
14. The Minister of Public Security shall elaborate this Article.
Chapter VI
FIRE AND RESCUE INSTRUMENTS
Article 42. Provision of fire and rescue instruments for fire and rescue forces
1. The Government shall provide fire and rescue instruments and other necessary, modern means capable of fulfilling all fire and rescue demands in all situations for fire and rescue police forces and other forces in people’s public security.
2. Heads of establishments shall decide or request competent persons to decide on provision of fire and rescue instruments for grassroots fire and rescue forces and specialized fire and rescue forces under their management.
3. People’s Committees of communes shall provide fire and rescue instruments for civil defense forces.
4. The Minister of Public Security shall elaborate the provision of fire and rescue instruments under Clause 2 and Clause 3 of this Article.
Article 43. Management, use, maintenance of fire and rescue instruments
1. Fire and rescue forces are responsible for management, use, maintenance of fire and rescue instruments that they are provided with.
2. Agencies, organizations, households, and individuals are responsible for management, use, maintenance of fire and rescue instruments that they have been provided with to perform fire and rescue operations .
3. The Minister of Public Security shall prescribe management and maintenance of fire and rescue instruments.
Article 44. Manufacturing, assembly, import, and sale of fire and rescue instruments and fire-rated, fireproof materials and structural elements
1. Domestically manufactured, assembled fire and rescue instruments and fire-rated, fireproof materials and structure elements shall, prior to market sale, must meet quality corresponding to applicable standards and corresponding technical regulations in accordance with goods and product quality laws and technical standard, technical regulation laws.
2. Imported fire and rescue instruments, fire-rated and fireproof materials and structural elements must meet international standards, regional standards, foreign standards, or technical regulations, technical standards of Vietnam. Where Vietnam and other countries or territories mutually recognize conformity assessment results of each other, international treaties to which the Socialist Republic of Vietnam is a signatory shall prevail.
3. The Government shall regulate licensing for market sale of fire and rescue instruments and fire-rated, fireproof materials and structural elements; list of fire and rescue instruments and fire-rated, fireproof materials and structural elements.
Chapter VII
ENABLING FIRE AND RESCUE OPERATIONS
Article 45. Training and advanced training for fire and rescue operations
1. Entities that undergo training and advanced training for fire and rescue operations include:
a) Chairpersons and Vice Chairpersons of People's Committees of communes;
b) Heads of hamlets, neighborhoods;
c) Heads of establishments;
d) Members of grassroots fire and rescue teams; members of specialized fire and rescue teams; members of civil defense teams;
dd) Persons assigned to take charge of fire and rescue duties at establishments; persons assigned to take charge of fire and rescue inspection at establishments;
e) Persons working in environment with conflagration hazards or frequently making contact with combustible substances or goods;
g) Vehicle operators, persons working on vehicles according to Clause 10 Article 2 hereof;
h) Persons voluntarily registering for fire and rescue operations;
i) Other entities that wish to undergo training and advanced training.
2. Training and advanced training for fire and rescue include:
a) Regulations of the law pertaining to fire and rescue;
b) Fire prevention knowledge and skills;
c) Firefighting knowledge and skills;
d) Egress and rescue knowledge and skills;
dd) Other details appropriate to entities under Clause 1 of this Article.
3. Fire and rescue forces and fire and rescue training facilities shall provide training and advanced training pertaining to fire and rescue operations.
4. The Minister of Public Security shall prescribe training and advanced training for fire and rescue operations provided for fire and rescue police forces and other forces affiliated to people’s public security.
5. The Government shall elaborate Clause 2 and Clause 3 of this Article; regulate duration of training and advanced training for fire and rescue operations; prescribe policies for persons attending training and advanced training for fire and rescue operations.
Article 46. Policies for individuals mobilized or participating in fire and rescue operations
1. Individuals mobilized or participating in fire and rescue operations and not affiliated with fire and rescue forces shall benefit from policies and allowances upon participating in fire and rescue operations.
2. Agencies, organizations, and individuals engaging in, cooperating, assisting state authorities in fire and rescue operations shall be commended for merits and compensated for property damage.
3. Where individuals mobilized or participating in fire and rescue operations decease due to such operations:
a) Where such individuals are participating in social insurance or health insurance and eligible for insurance claim, they shall receive insurance claim as per the law;
b) Where such individuals have not participated in health insurance, they shall receive disbursement for medial examination and treatment expenses in case of injuries; where such individuals have not participated in social insurance, they shall receive allowances in case of reduced earning capacity according to conclusion of medical assessment council depending on level of reduction of earning capacity; relatives of such individuals shall benefit from death allowances and funeral expense if such individuals decease;
c) Where such individuals suffer from injuries or decease in the performance of duty, they shall be eligible for policies applicable to martyrs or considered for war invalid status and eligible for rights under regulations of the law pertaining to benefits for individuals serving the war.
4. The Government shall elaborate Clause 1 and Clause 3 of this Article.
Article 47. Uniform, badge, shoulder sleeve insignia, and policies for fire and rescue police forces
1. Officers, non-commissioned officers, and personnel of fire and rescue forces shall be equipped with uniform, badge, and shoulder sleeve insignia in accordance with people’s public security laws and specialized uniform for fire and rescue operations.
2. Officers, non-commissioned officers, and personnel of fire and rescue police forces shall benefit from:
a) Polices and regulations in accordance with people's public security laws;
b) Allowances for fire and rescue training, advanced training; drill of fire and rescue measures; fire and rescue operations;
c) Specific diet during fire and rescue training, drill practice, rescue measures, and participation in fire and rescue operations;
d) Policies in accordance with list of extremely arduous, toxic, hazardous work as per the law;
dd) Benefits and policies applicable to officers, non-commissioned officers in accordance with people’s public security laws in case of officers and non-commissioned officers controlling, operating firefighting and rescue instruments.
3. The Minister of Public Security shall elaborate Point b and Point c Clause 2 of this Article.
Article 48. Compulsory fire insurance
1. Agencies, organizations, and individuals must purchase compulsory fire insurance for establishments under list of establishments that must purchase compulsory fire insurance and adhere to insurance laws.
2. Agencies, organizations, and individuals are encouraged to purchase compulsory fire insurance for property of establishments that are not mentioned under list of establishments that must purchase compulsory fire insurance.
3. The Government shall promulgate list of establishments that must purchase compulsory fire insurance; payment rate, management, and use of revenues of compulsory fire insurance for fire and rescue operations.
Article 49. Funding for fire and rescue operations
1. Funding for fire and rescue operations includes:
a) State budget;
b) Revenues of compulsory fire insurance retained for fire and rescue operations;
c) Voluntary monetary or material contribution or sponsors from domestic agencies, organizations, individuals and foreign organizations, individuals;
d) Funding from natural disaster preparedness and prevention fund in accordance with natural disaster preparedness and prevention laws and other legitimate funds;
dd) Other legally mobilized funding sources as per the law.
2. Management and use of funding sources for fire and rescue operations under Clause 1 of this Article shall conform to state budget laws, public property management and use laws, and other relevant law provisions.
3. The Government shall elaborate Point c and Point b Clause 1 of this Article.
Article 50. State budget for fire and rescue operations
1. The Government shall provide funding for fire and rescue operations; prioritize resources in 5-year financial plan, 3-year financial-state budget plan, annual state budget estimates for fire and rescue operations. Annual spending plan of national defense and security budget of People’s Committees of all levels must include spending on fire and rescue operations.
2. In case of emergency, state budget provisions can be used for fire and rescue operations.
3. The Government shall provide funding for people’s public security, state authorities, public service providers, people’s armed forces, and other entities receiving the state budget for fire and rescue operation in accordance with state budget laws.
4. State budget funding fire and rescue operations shall be used for:
a) Investment, provision, development, repair, and maintenance of fire and rescue systems, vehicles;
b) Operation of fire and rescue police forces and civil defense forces;
c) Training, advanced training, and professional training for fire and rescue operations as per the law;
d) Other fire and rescue operations as per the law.
5. Development of estimate, allocation, management, and use of state budget for fire and rescue operations shall conform to state budget laws.
6. Provincial People’s Committees shall develop and submit policies on investment priority and mobilization of resources for investment, development of technical infrastructures for residential areas under their management with insufficient traffic infrastructures, water sources for firefighting to People’s Councils of the same administrative levels; invest, provide, repair, and maintain fire and rescue systems and vehicles.
7. The Government shall elaborate this Article.
Article 51. Incentives for investment in fire and rescue operations
1. The Government shall encourage domestic agencies, organizations, individuals, overseas Vietnamese, foreign organizations and individuals to invest, contribute, and sponsor fire and rescue operations.
2. Domestic organizations and individuals manufacturing, assembling fire and rescue instruments shall receive credit, land, science and technology, and human resources benefits as per the law.
Article 52. Science and technology activities, fire, rescue, and fire alarm database system
1. Science and technology activities in fire and rescue operations include basic research, application research, technology development, digital technology application, experimentation, test production, technology transfer, and other science and technology services that improve fire and rescue operations as per the law.
2. The Government shall encourage domestic agencies, organizations, individuals, overseas Vietnamese, foreign organizations and individuals to invest, sponsor, and participate in science and technology activities in fire and rescue operations.
3. Prioritize combining, adopting results of domestic research topics and tasks in fire and rescue fields in investment, production, development of fire and rescue technologies and vehicles.
4. Fire, rescue, and fire alarm database shall be managed, utilized, and operated by fire and rescue police forces as per the law.
5. The Government shall elaborate Clause 4 of this Article; prescribe update and declaration of fire and rescue data.
Chapter VIII
IMPLEMENTATION
Article 53. Amendments to articles of relevant laws
1. Add Point d following Point c Clause 3 Article 10 of the Law on Natural Disaster Preparedness and Prevention No. 33/2013/QH13 amended by the Law No. 60/2020/QH14 and the Law No. 18/2023/QH15:
“d) Fire and rescue operations.”.
2. Replace the phrase “thẩm duyệt” (appraisal and approval) with the phrase “thẩm định” (appraisal) under Point c Clause 3 Article 56 and Clause 4 Article 82 of the Law on Construction No. 50/2014/QH13 amended by the Law No. 03/2016/QH14, the Law No. 35/2018/QH14, the law No. 40/2019/QH14, the Law No. 62/2020/QH14.
3. Amend and add Points c, d, and dd Clause 2 Article 33 of the Law on the Capital No. 39/2024/QH15:
“c) Structures that must undergo fire prevention and firefighting design appraisal and approval or appraisal and are built without certificate or written appraisal and approval or written appraisal of fire prevention and firefighting design issued by the authority having jurisdiction (AHJ);
d) Structures that have not been built in a manner that adheres to appraised and approved or appraised fire prevention and firefighting design;
dd) Structures, parts of structures, work items of structures, manufacturing, mercantile, service facilities to which written approval for fire prevention and firefighting commissioning results has not been issued by the AHJ and which have been brought into operation.”.
Article 54. Entry into force
1. This Law comes into force from July 1, 2025, except Clause 4 of this Article.
2. The Law on Fire Prevention and Firefighting No. 27/2001/QH10 amended by the Law No. 40/2013/QH13 and the Law No. 30/2023/QH15 expire from the effective date hereof, except for Article 55 hereof.
3. Resolution No. 99/2019/QH14 dated November 27, 2019 of the National Assembly on further development and improvement of effectiveness of policies, regulations of the law pertaining to fire prevention and firefighting expires from the effective date hereof.
4. Provision of fire alarm transmission devices connected to fire, rescue, and fire alarm database compliant with roadmap under Clause 5 Article 20 and Point c Clause 1 Article 23 hereof shall be initiated from July 1, 2027 at the latest.
Article 55. Transition clauses
1. Applications for procedures related to fire and rescue affairs submitted to competent authorities before the effective date hereof and not resolved by the effective date hereof shall be processed in accordance with the Law No. 27/2001/QH10 amended by the Law No. 40/2013/QH13 and the Law No. 30/2023/QH15.
2. Investment projects for construction of structures, traffic structures and vehicles to which certificate of approved fire safety design has been issued by police authorities and of which fire prevention and firefighting commissioning results have not been approved on the effective date hereof shall be processed in accordance with the Law No. 27/2001/QH10 amended by the Law No. 40/2013/QH13 and the Law No. 30/2023/QH15.
3. Certificate of completion of fire and rescue training issued before the effective date hereof shall remain valid until expiry date specified on the certificate.
4. Agencies and organizations whose functions and duties are to inspect fire and rescue instruments before the effective date hereof shall continue to inspect fire and rescue instruments until the date specified in roadmap set by the Government.
5. Establishments that do not meet fire prevention and firefighting requirements, are brought into use before the effective date of the Law No. 27/2001/QH10, and have been subject to handling solutions of provincial People’s Councils shall conform to Resolution of provincial People’s Council while fire safety requirements must be rectified.
6. In respect of establishments that do not meet fire prevention and firefighting requirements and cannot be rectified to meet technical regulations and technical standards applicable from the date on which the establishments enter into operation to the day before the effective date hereof, other than Clause 5 of this Article:
a) Provincial People’s Committees shall classify, prepare and publish list of establishments that do not meet fire prevention and firefighting requirements and cannot be rectified to meet regulations and technical standards applicable from the date on which the establishments enter into operation to the day before the effective date hereof in their provinces and cities; promulgate regulations on renovation and improvement of city areas with insufficient traffic infrastructures or water sources for firefighting in accordance with regulations of the law and technical regulations in fire prevention and firefighting;
b) Ministries governing field-specific construction shall, in accordance with construction law, take charge and cooperate with Ministry of Public Security in promulgating regulations on fire prevention and firefighting equipment, instruments, and technical solutions for improving fire safety of structures with unsatisfactory fire prevention and firefighting requirements under their management;
c) Heads of establishments shall rely on current structural conditions, strength, occupancy, equipment, production line to equip appropriate fire prevention and firefighting equipment and instruments and adopt adequate technical solutions under Point b of this Clause in order to improve fire safety; rectify via adopted technical solutions, assume responsibility for implementation results, submit written report on rectification to fire and rescue authority, and maintain adopted technical solutions throughout operation.
d) In respect of establishments where technical solutions under Point b of this Clause cannot be adopted, occupancy of the establishments must be changed depending on the size and characteristics of the establishments;
dd) The Government shall prescribe roadmap for this Clause.
7. Establishments, vehicles, households, and individuals that do not meet fire safety requirements and are being temporarily suspended from operation or suspended from operation before the effective date hereof shall be processed in accordance with the Law No. 27/2001/QH10 amended by the Law No. 40/2013/QH13 and the Law No. 30/2023/QH15.
This Law is approved by the 15th National Assembly of the Socialist Republic of Vietnam in the 8th meeting on November 29, 2024.
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CHAIRPERSON OF NATIONAL ASSEMBLY |
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