Chương VII Luật phòng cháy chữa cháy 2001: Quản lý nhà nước về phòng cháy và chữa cháy

Chapter VII

STATE MANAGEMENT OVER FIRE PREVENTION AND FIGHTING

Article 57.- Contents of State management over fire prevention and fighting

1. Elaborating fire prevention and fighting strategy, planning and plans, and directing the implementation thereof.

2. Issuing, guiding and organizing the implementation of legal documents on fire prevention and fighting.

3. Conducting the propagation and education on fire prevention and fighting legislation and knowledge.

4. Organizing and directing fire prevention and fighting activities.

5. Organizing the training and building of fire prevention and fighting forces as well as the equipment and management of fire prevention and fighting means.

6. Ensuring budget for fire prevention and fighting activities; organizing fire and explosion insurance in association with fire prevention and fighting activities.

7. Evaluating and ratifying projects, designing and after-test accepting fire prevention and fighting constructions; expertising and certifying the means safety; certifying the fire prevention and fighting safety conditions.

8. Organizing research, application and dissemination of scientific and technological advances regarding fire prevention and fighting.

9. Examining, inspecting, handling violations and settling complaints and denunciations regarding fire prevention and fighting; investigating fires.

10. Making the State statistics on fire prevention and fighting.

11. Effecting international cooperation on fire prevention and fighting.

Article 58.- State management bodies in charge of fire prevention and fighting

1. The Government shall exercise the unified State management over fire prevention and fighting.

2. The Ministry of Public Security shall take responsibility before the Government for exercising the State management over fire prevention and fighting.

3. The ministries, ministerial-level agencies and agencies attached to the Government shall, within their tasks and powers, have to coordinate with the Ministry of Public Security in organizing the implementation of regulations on fire prevention and fighting.

The Government shall stipulate the coordination between the Ministry of Public Security and the Ministry of Defense in organizing fire prevention and fighting for defense establishments, and between the Ministry of Public Security and the Ministry of Agriculture and Rural Development in organizing forest fire prevention and fighting.

4. The People’s Committees of different levels shall, within their tasks and powers, have to exercise the State management over fire prevention and fighting in their respective localities.

Article 59.- Fire prevention and fighting inspectorate

1. The fire prevention and fighting inspectorate is the specialized inspectorate.

2. The fire prevention and fighting inspectorate shall have the following tasks and powers:

a/ Organizing inspection of the observance of law provisions on fire prevention and fighting;

b/ Requesting the inspected subjects to supply relevant documents and reply on matters necessary for inspection;

c/ To handle violations of the legislation on fire prevention and fighting according to their competence.

3. Inspection delegations and inspectors shall be held responsible before law for their decisions.

4. The Government shall prescribe in detail the organization and operation of the fire prevention and fighting inspectorate.

Article 60.- Rights and obligations of inspected subjects

1. Inspected subjects shall have the following rights:

a/ To request inspection delegations to show inspection decisions and inspectors to show their cards and strictly comply with the inspection legislation;

b/ To lodge complaints, denunciations or initiate lawsuits with the competent State bodies about inspection decisions, inspectors acts and inspection conclusions, if having grounds to believe that they are contrary to law;

c/ To request compensation for damage caused by inspection delegations or inspectors handling measures which are contrary to law.

2. Inspected subjects are obliged to satisfy requests of inspection delegations and inspectors; create conditions for inspection delegations and inspectors to perform their tasks; and execute handling decisions of inspection delegations and inspectors according to the provisions of law.

Article 61.- Right to complain, denounce and initiate lawsuits

1. Agencies, organizations and individuals shall have the right to complain or initiate lawsuits against decisions or handling measures of inspection delegations and inspectors according to law provisions.

2. Individuals shall have the right to denounce with the competent State agencies acts of violating the fire prevention and fighting legislation.

3. The agencies receiving complaints, denunciations or petitions shall have to consider and settle them in time as prescribed by law.