Chương II Luật phòng cháy chữa cháy 2001: Phòng cháy

Chapter II

FIRE PREVENTION

Article 14.- Basic measures for fire prevention

1. Strictly managing and safely using inflammables, explosives, flame and heat sources, flame- and/or heat-generating equipment and devices as well as substances; meeting fire prevention safety conditions.

2. Conducting regular and periodical inspection to detect loopholes and shortcomings in fire prevention and fighting so as to take timely remedies.

Article 15.- Designs on fire prevention and fighting, examination and approval thereof

1. When elaborating planning or projects on the construction or renovation of urban centers, population quarters, exclusive economic zones, industrial parks, export processing zones or hi-tech parks, it is necessary to map out solutions to and designs on fire prevention and fighting, ensuring the following contents:

a/ The construction location, arrangement of quarters and blocks;

b/ The traffic and water supply system;

c/ The rational arrangement of locations for fire prevention and fighting units at necessary places;

d/ The estimated funding for fire prevention and fighting project items.

2/ When elaborating projects and designs for construction or renovation of works or change of their use purposes, it is necessary to work out solutions to and designs on fire prevention and fighting, ensuring the following contents:

a/ The construction location, safe distances;

b/ The system of emergency exits;

c/ The technical system for fire prevention and fighting safety;

d/ Other requirements on fire prevention and fighting;

e/ The estimated funding for fire prevention and fighting project items.

3. Projects and designs prescribed in Clauses 1 and 2 of this Article must be examined and approved in terms of fire prevention and fighting.

4. The Government shall prescribe lists of projects that require fire prevention and fighting designs, the design examination and approval as well as the time limit therefor.

Article 16.- Responsibilities of agencies, organizations and individuals in investment, construction and use of projects

1. Investors shall fill in the procedures for submission and ratification of projects and designs on fire prevention and fighting; may commence the construction only when the projects designs on safety for fire prevention and fighting have been approved; organize the inspection and supervision of construction, after-test acceptance and hand-over of the projects before they are put to use.

In the process of project construction, if there is any change in the designs, they shall have to give the exposition therefor or make additional designs and get the re-approval thereof.

2. In the process of project construction, the investors and contractors shall have to ensure the fire prevention and fighting safety within the ambit of their respective responsibilities.

3. In the course of using projects, agencies, organizations and/or individuals shall have to regularly inspect and maintain fire prevention and fighting conditions.

Article 17.- Fire prevention for dwelling houses and population quarters

1. Dwelling houses must be arranged with electric systems, kitchens and worshipping places in a way to ensure safety; inflammables and explosives must be kept far away from flame and heat sources; facilities and means must be readied for fire fighting.

2. Villages, hamlets as well as urban quarters shall have to work out regulations and rules on fire prevention and fighting, the use of electricity, flame, inflammables and explosives; to map out fire-prevention solutions; to elaborate plans, prepare forces and means for fire prevention and fighting; to build passages and water sources in service of fire prevention and fighting.

Article 18.- Fire prevention for motorized transport means

1. Motorized transport means with 4 seats or more and those transporting goods, dangerous inflammables and/or explosives must satisfy the conditions prescribed by the State bodies in charge of fire prevention and fighting.

2. For motorized transport means subject to particular requirements on ensuring the fire prevention and fighting safety, the registries shall issue inspection registration certificates for them only after they are certified by the State bodies in charge of fire prevention and fighting as having been fully qualified; the building or renovation of such means must be approved in terms of their designs.

The Government shall specify the motorized transport means subject to particular requirements on ensuring the fire prevention and fighting safety.

3. Motorized transport means of international organizations, foreign organizations or individuals, when entering the Vietnamese territory, must ensure fire prevention and fighting safety conditions as prescribed by Vietnamese law.

4. Owners, commanders and operators of transport means shall have to ensure safety on fire prevention and fighting throughout the course of operation of their means.

Article 19.- Fire prevention for forests

1. The management, protection, development and exploitation of forests must be based on the forest classification in order to determine the safety protection areas for fire prevention and fighting; forests must be classified according to the extent of fire danger and there must be measures to ensure safety on fire prevention and fighting for each kind of forest.

2. When elaborating the forest development planning and projects, it is necessary to work out plans on fire prevention and fighting for each kind of forest.

3. Establishments and dwelling houses in forests or at forest edges, along roads or pipelines of dangerous inflammables and explosives as well as power lines crossing forests or forest edges must ensure safe distances and corridors for forest fire prevention and fighting as prescribed by law.

4. Agencies, organizations, households and individuals, when conducting activities in forests or at forest edges, must observe this Law’s provisions on safety for fire prevention and fighting and other law provisions.

5. The Government shall prescribe in detail the forest fire prevention.

Article 20.- Fire prevention for establishments

1. Establishments locating on a certain area, having managers, operating and requiring independent fire prevention and fighting plans shall have to satisfy the following basic requirements:

a/ Having regulations and rules on fire prevention and fighting safety;

b/ Having measures for fire prevention;

c/ Having fire-alarming, -fighting and -insulating systems suited to the nature of the establishments operations;

d/ Having forces, means and other conditions meeting the requirements on fire prevention and fighting;

e/ Having plans for fire fighting, escape, rescue of people and properties and against fire spread;

f/ Earmarking fund for fire prevention and fighting activities;

g/ Having dossiers for monitoring and managing fire prevention and fighting activities.

2. For other establishments, they shall have to meet the fire prevention and fighting requirements stipulated in Clause 1 of this Article according to the scope and nature of their operations.

3. Subjects prescribed in Articles from 21 to 28 of this Law shall, besides meeting the fire prevention requirements stipulated in Clause 1 of this Article, have to apply their own particular fire prevention and fighting measures.

Article 21.- Fire prevention for exclusive economic zones, industrial parks, export processing zones and hi-tech parks

1. In exclusive economic zones, industrial parks, export processing zones and hi-tech parks, it is necessary to set up full-time fire brigades, and devise fire prevention and fighting plans for the whole areas.

2. Organizations and individuals having establishments operating in the areas defined in Clause 1 of this Article shall have to elaborate plans to ensure fire prevention and fighting safety; and set up fire brigades.

Article 22.- Fire prevention in the exploitation, processing, production, transportation, trading, use and preservation of oil and gas products, other supplies and goods prone to fire and explosion

1. At places of exploiting oil and gas, there must be devices to detect and handle leak of inflammable gas; and plans on fire prevention and fighting for each project as well as for a chain of projects.

2. At oil and gas product depots and transportation system as well as oil and gas processing works, there must be a system indicating and handling the concentration of petrol vapor, oil and gas; and measures to protect tanks, equipment and pipelines against cracks or breaks.

3. Oil and gas stores must ensure fire prevention and fighting safety for adjacent constructions. The transportation, export and import of oil and gas products must comply with the regulations on fire prevention and fighting safety.

4. Organizations and individuals engaged in the production, trading, service provision, supply and/or transportation of fire- and/or explosion-prone supplies and goods must obtain written certification of satisfaction of all fire prevention and fighting conditions; print technical parameters on goods labels and issue documents in Vietnamese language guiding the fire prevention and fighting safety.

5. People working in the environments with fire and explosion danger or frequent contact with dangerous inflammables and explosives must be trained and have certificates of professional training in fire prevention and fighting.

6. Instruments and equipment for the transportation as well as means for the use, of oil and gas products must ensure safety against fire and explosion.

Article 23.- Fire prevention for high-rises, projects on water surface, underground projects, tunnels and other mineral exploitation projects

1. High-rises must have equipment to fight smoke concentration and spread as well as toxic vapor from fires; and plans for escape and on-spot fire fighting at places where outside fire-fighting means are unable to provide support.

2. For projects on water surface, which are in danger of fire or explosion, there must be plans, forces and means for on-spot fire fighting and against fire spread.

3. Underground projects, tunnels and other mineral exploitation projects must be equipped with devices to detect and treat inflammable and toxic gas; have ventilating systems and conditions to ensure the deployment of forces and means to rescue people and fight fires.

Article 24.- Fire prevention in the production, supply and use of electricity as well as electric equipment and instruments

1. Power plants, transformer stations and electricity distribution stations must work out measures to take initiative in handling fire incidents.

2. When designing, building and installing electric system and equipment, it is necessary to ensure safety standards for fire prevention and fighting.

3. Electric equipment and instruments used in the environments facing fire or explosion danger must be those ensuring safety against fire and explosion.

4. The electricity-supplying agencies, organizations and individuals shall have to guide measures to ensure fire prevention and fighting safety for electricity consumers.

Article 25.- Fire prevention for markets, trade centers and warehouses

1. At big markets and trade centers, it is necessary to separate electric systems into those for business, daily life, security and fire fighting; arrange business households and business lines to meet the requirements on fire prevention and fighting safety; and elaborate plans for escape and goods release in case of fire.

2. At warehouses, it is necessary to separate electric systems in service of production, safeguarding and fire fighting; arrange supplies and goods so as to meet the requirements on fire prevention and fighting safety. Storehouses of dangerous inflammables and explosives must be the special-use ones.

Article 26.- Fire prevention for ports, railway stations and car terminals

Airports, seaports, river ports, railway stations and car terminals must organize forces and be equipped with fire-fighting means according to the regulations of the Minister of Public Security; and have plans for emergency escape, release of means, supplies and goods in case of fire.

Article 27.- Fire prevention for hospitals, schools, hotels, rest houses, dancing halls, theatres, cinemas and other crowded places

At hospitals, schools, hotels, rest houses, dancing halls, theatres, cinemas and other crowded places, there must be plans for emergency escape; forces to guide and assist people, especially those people who are unable to escape by themselves; and plans on coordination with other forces in fire fighting.

Article 28.- Fire prevention for working offices, libraries, museums and archives

At working offices, libraries, museums and archives, it is necessary to arrange office equipment, files and documents so as to ensure fire prevention and fighting safety; apply measures to strictly control inflammables, flame sources, power sources, flame- and/or heat-generating equipment, instruments and substances and other measures for fire prevention after working hours.

Article 29.- Suspension and termination of operations of establishments, motorized transport means, households and individuals that fail to ensure fire prevention and fighting safety

1. Operations of establishments, motorized transport means, households and individuals shall be suspended in the following cases:

a/ They are in danger of directly generating fire or explosion;

b/ They have committed particularly serious violations of the regulations on fire prevention and fighting;

c/ They have seriously violated the regulations on fire prevention and fighting and been asked by the State bodies in charge of fire prevention and fighting to redress their violations but failed to do so.

2. Establishments, motorized transport means, households and individuals defined in Clause 1 of this Article that, past the suspension time limit, fail to redress or cannot redress their violations, thereby threatening to cause serious consequences, shall have their operations terminated.

3. For cases of suspension, the operation can be resumed only when the fire or explosion danger has been precluded or the violations have been redressed and the competent agencies that have issued the suspension decisions so permit.

4. The Government shall prescribe the scope of operation suspension and termination, the time limit for operation suspension and the agencies competent to decide the operation suspension or termination.