Chương I Luật phòng cháy chữa cháy 2001: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation

This Law provides for fire prevention and fighting, the building of forces, equipment of means, and policies for fire prevention and fighting activities.

Article 2.- Subjects of application

Agencies, organizations, households and individuals operating and living on the territory of the Socialist Republic of Vietnam shall have to abide by the provisions of this Law and relevant law provisions; in cases otherwise provided for by international agreements which the Socialist Republic of Vietnam has signed or acceded to, the provisions of such international agreements shall apply.

Article 3.- Term interpretation

In this Law, the following terms shall be construed as follows:

1. Fire means a circumstance where occurs an uncontrollable fire that may cause human and/or property losses as well as environmental impacts.

2. Dangerous inflammables and explosives mean liquid, gaseous or solid substances or goods, supplies, which are easy to burn and/or explode.

3. Establishments collectively refer to factories, enterprises, warehouses, working offices, hospitals, schools, theatres, hotels, markets, trade centers, armed forces� camps and other projects.

An agency or organization may own one or many establishments.

4. Fire and explosion-prone establishments mean those establishments that contain a certain quantity of dangerous inflammables and explosives according to the Government�s regulations.

5. Civil defense groups mean organizations embracing people who participate in fire prevention and fighting activities, maintaining security and order at their residential places.

6. Grassroots fire brigades mean organizations of people who participate in fire prevention and fighting activities at their working places.

7. Fire-fighting area means the area where the fire-fighting force is carrying out fire-fighting activities.

8. Fire fighting means activities of mobilizing and deploying fight-fighting forces and means, switching off power, organizing escape, rescuing people and properties, combating fire spread, extinguishing fire and other activities related to fire fighting.

9. Forest owners mean agencies, organizations and individuals assigned forests or allocated land for afforestation by competent State bodies.

Article 4.- Fire prevention and fighting principles

1. To mobilize the combined strength of entire population for fire prevention and fighting activities.

2. To take prevention as key in the fire prevention and fighting activities; to take initiative in fire prevention, minimizing cases of fire and damage caused by fires.

3. To ready forces, means, plans and other conditions for prompt and efficient extinguishment of fires when they occur.

4. All fire prevention and fighting activities must, first of all, be carried out and handled by on-spot forces and means.

Article 5.- Responsibilities for fire prevention and fighting

1. To prevent and fight fire is the responsibility of every agency, organization, household or individual on the territory of the Socialist Republic of Vietnam.

2. Citizens, who are full 18 years of age or older and have good health shall have to join civil defense groups or grassroots fire brigades set up at their residential or working places, when so requested.

3. The heads of agencies, organizations and households shall have to organize and regularly inspect fire prevention and fighting activities within the ambit of their respective responsibilities.

4. The fire fighting police shall have to guide and inspect fire prevention and fighting activities of agencies, organizations, households and individuals and perform fire-fighting task.

Article 6.- Responsibility for propagation, popularization and education on fire prevention and fighting

1. Information and propaganda agencies shall have to organize the regular and widespread propagation and popularization of fire prevention and fighting legislation and knowledge to all people.

2. Agencies, organizations and households shall have to organize the propagation, education and popularization of fire prevention and fighting legislation and knowledge for people under their respective management.

Article 7.- Responsibility of Vietnam Fatherland Front and its member organizations

Vietnam Fatherland Front and its member organizations shall have to organize and coordinate with the functional agencies in propagating and encouraging people from all walks of life to implement the provisions of this Law and supervise the implementation thereof.

Article 8.- Issuance and application of fire prevention and fighting standards

1. The competent State bodies shall have to issue fire prevention and fighting standards after reaching agreement with the Ministry of Public Security.

2. Agencies, organizations, households and individuals carrying out activities related to fire prevention and fighting shall have to comply with the Vietnamese standards thereon. The application of foreign standards related to fire prevention and fighting shall comply with the Government’s stipulations.

Article 9.- Fire and explosion insurance

Agencies, organizations and individuals having establishments prone to fire and explosion shall have to buy compulsory insurance for such establishments properties. The State encourages other agencies, organizations and individuals to participate in fire and explosion insurance.

The Government shall prescribe lists of fire and explosion-prone establishments, fire and explosion insurance conditions and premiums, the minimum insurance money amount and the setting up of the State-owned fire and explosion insurance business enterprises.

Article 10.- Policies towards people participating in fire fighting

People who personally fight fires or participate in fire fighting and get killed or injured or suffer from health or property damage shall enjoy the regime and policies prescribed by law.

Article 11.- Day for the entire population to participate in fire prevention and fighting

The 4^th of October every year is the "day for the entire population to participate in fire prevention and fighting".

Article 12.- International cooperative relations

1. The Socialist Republic of Vietnam expands and develops international cooperative relations in fire prevention and fighting activities.

2. Where a fire disaster occurs, the State of Vietnam calls for assistance and support from other countries and international organizations.

Within its conditions and capabilities, the State of Vietnam is willing to assist and support other countries in fire prevention and fighting when so requested.

Article 13.- Prohibited acts

1. Intentionally causing fire or explosion, thus harming people�s life and health; causing material losses to the State, agencies, organizations and individuals; exerting adverse impacts on the environment, social security, order and safety.

2. Obstructing fire prevention and fighting activities; opposing people performing the fire prevention and fighting task.

3. Taking advantage of fire prevention and fighting activities to cause harms to people�s life and health; infringe upon the properties of the State, agencies, organizations and/or individuals.

4. Giving a sham fire alarm.

5. Illegally producing, storing, transporting, preserving, using and/or trading in dangerous inflammables and/or explosives; seriously violating the regulations on management and use of flame and heat sources as well as the fire prevention and fighting standards set by the State.

6. Building fire- and explosion-prone projects without approved designs on fire prevention and fighting; accepting and putting to use fire- and explosion-prone projects when the fire prevention and fighting safety conditions are not fully met.

7. Damaging, arbitrarily changing or removing fire prevention and fighting means and equipment as well as signboards, directory posts and emergency exits.

8. Other acts of violating the provisions of this Law.