Chương VIII Nghị định 136/2020/NĐ-CP: Trách nhiệm của các bộ, cơ quan ngang bộ, cơ quan thuộc chính phủ và ủy ban nhân dân các cấp trong hoạt động phòng cháy và chữa cháy

Chapter VIII

RESPONSIBILITIES OF MINISTRIES, MINISTERIAL-LEVEL AGENCIES, GOVERNMENTAL AGENCIES AND PEOPLE’S COMMITTEES AT ALL LEVELS FOR FIRE PREVENTION AND FIGHTING

Article 50. Responsibilities of ministries, ministerial-level agencies and Governmental agencies

1. Within their competence, ministries, ministerial-level agencies and Governmental agencies shall perform the following tasks:

a) Promulgate legislative documents and regulations on fire prevention and fighting applicable to areas under their management;

b) Organize dissemination of law and education on fire prevention and fighting; direct launch and preservation of the all people’s fire prevention and fighting movement;

c) Direct investment of funding in fire prevention and fighting and provision of fire prevention and fighting equipment;

d) Direct firefighting operations and recovery from fire damage;

dd) Assign personnel for fire prevention and fighting; produce statistics and submit reports on fire prevention and fighting to the Government and Ministry of Public Security.

2. The Ministry of Education and Training shall take charge and cooperate with the Ministry of Public Security and relevant ministries, central authorities and units in formulating content of training in fire prevention, firefighting and rescue, deciding training time and stipulating incorporation of training into subject-centered curricula and educational activities of the general education curricula and extracurricular activities as suitable for each educational stage and qualification.

3. The Ministry of Information and Communications shall take charge and cooperate with the Ministry of Public Security and relevant regulatory bodies in promoting dissemination of and education on law and providing knowledge and skills concerning fire prevention, firefighting and rescue.

4. The Ministry of Construction shall take charge and cooperate with the Ministry of Public Security and relevant ministries and central authorities in reviewing and amending construction planning, urban planning and planning under its management connected to planning for fire prevention and fighting infrastructures as appropriate to actual situation; researching, amending and formulating technical regulations and standards related to fire prevention and fighting for types of works lacking technical regulations and standards.

5. The Ministry of Finance shall take charge of allocating funding for recurrent expenditure to ministries and central government authorities in charge of fire prevention and fighting according to regulations of the Law on State Budget and guidelines thereof.

6. The Ministry of Planning and Investment shall take charge and cooperate with the Ministry of Finance, Ministry of Public Security and relevant ministries and central authorities in incorporating plans for 5-year and annual investment in development of fire prevention and fighting of ministries, central authorities and local governments into 5-year and annual socio - economic development plans of the state to ensure socio - economic development is connected with strengthening of national defense and security; appraising funding sources and ability to balance funding for projects on investment in construction of facilities and manufacturing and procurement of equipment for fire prevention and fighting according to regulations of the Law on Public Investment; and proposing the consolidated plans to the Government and the National Assembly for approval.

7. The Ministry of Foreign Affairs shall take charge and cooperate with the Ministry of Public Security in fire prevention and fighting for premises of diplomatic missions, consular missions and representatives of international organizations and houses of members thereof; post information on Vietnam-based international organizations and foreign organizations and individuals entitled to privileges and immunities concerning exemption from firefighting mobilization; notify the Ministry of Public Security of premises of consular missions of countries with which Vietnam has signed a consular agreement, premises of representatives of international organizations affiliated to the United Nations, premises of representatives of intergovernmental international organizations not affiliated to the United Nations, and mass organizations of international organizations where Vietnamese firefighting forces may enter for firefighting purpose at the request or with the permission of the heads or authorized persons of these entities; notify the Ministry of Public Security of houses of members of consular posts who do not have Vietnamese nationality or permanently reside in Vietnam where Vietnamese firefighting forces may enter for firefighting purpose at their request or with their permission as stipulated by consular agreements between Vietnam and their countries.

8. The Ministry of Labor - War Invalids and Social Affairs shall provide guidelines for benefits offered to persons mobilized to directly participate in or support firefighting operations as per a mobilization order by the competent person and involved in an accident, or suffering from reduced work capacity due to an accident as per the conclusion of the medical examination council, or sustaining an injury, or sustaining an injury mentioned in the Ordinance on Benefits for People with Meritorious Services to Revolutions, or deceased, or deceased in a manner mentioned in the Ordinance on Benefits for People with Meritorious Services to Revolutions; benefits offered to members of the neighborhood watch and internal and specialized firefighting forces upon participation in a training or refresher course on fire prevention and fighting operations; and benefits offered to members of the neighborhood watch and internal and specialized firefighting forces involved in an accident, suffering from bodily harm or deceased during a refresher or training course on fire prevention and fighting operations as agreed upon with the Ministry of Public Security and Ministry of Finance.

9. The Ministry of Agriculture and Rural Development shall take charge and cooperate with the Ministry of Public Security, ministries, central authorities, local governments and relevant regulatory bodies in developing and implementing plans for force mobilization in forest fire prevention and fighting in an effective manner.

Article 51. Responsibilities of Ministry of Public Security

The Ministry of Public Security shall exercise unified state management of fire prevention and fighting throughout the country and perform the following tasks:

1. Propose and implement fire prevention and fighting strategies, planning and plans nationwide.

2. Promulgate or propose legislative documents, regulations and standards on fire prevention and fighting for promulgation; stipulate decentralization of fire prevention and fighting management, decentralization of training in fire prevention and fighting operations in police authorities and issuance of certificate thereof; stipulate content and duration of refresher courses on fire prevention and fighting; and provide guidelines for inspection of and training in fire safety design inspection and appraisal.

3. Provide guidance and direction on dissemination of law and education on fire prevention and fighting; establishment of the all people’s fire prevention and fighting movement;

4. Carry out fire management of motor vehicles and facilities under its management; inspect fire prevention and fighting; handle complaints and denunciations related to fire prevention and fighting intra vires.

5. Appraise and inspect fire safety commissioning results of investors and vehicle owners for projects, construction works and motor vehicles subject to special fire safety requirements and provide for performance of these tasks by the police; inspect and issue certificate of compliance for fire prevention and fighting equipment; provide for, manage, print and distribute inspection stamps used for fire prevention and fighting equipment.

6. Investigate and handle fire incidents and handle violations against fire prevention and fighting regulations.

7. Provide regulations, guidelines and directions on receipt and handling of fire incident reports, firefighting operations direction, combat-ready firefighters, and firefighting plan formulation and drills according to regulations.

8. Develop and perform projects on investment in fire prevention and fighting equipment for firefighting authorities; promulgate and organize implementation of regulations on norms and standards for provision, management, preservation, maintenance and use of fire prevention and fighting equipment.

9. Develop firefighting authorities; organize training for fire prevention and fighting officials.

10. Organize research, distribution and application of scientific and technological advances in fire prevention and fighting.

11. Produce state statistics on fire prevention and fighting.

12. Organize an information system for management and command of fire prevention and fighting operations.

13. Inspect fire and explosion insurance connected with fire prevention and fighting.

14. Propose participation in international organizations and signing or participation in conventions on fire prevention and fighting to the Government; carry out international activities related to fire prevention and fighting intra vires.

Article 52. Responsibilities of People’s Committees at all levels

1. Provincial and district-level People’s Committees shall exercise state management of fire prevention and fighting in their provinces and districts and perform the following tasks intra vires:

a) Promulgate regulations on fire prevention and fighting in their provinces and cities;

b) Direct, inspect and organize implementation of regulations of law on fire prevention and fighting in their provinces and districts; handle violations against fire prevention and fighting regulations intra vires;

c) Provide guidance and direction on dissemination of law and education on fire prevention and fighting for the people; develop the all people’s fire prevention and fighting movement;

d) Allocate funding from budget to fire prevention and fighting and provision of fire prevention and fighting equipment;

dd) Ensure conditions for fire incident reporting and roads and water supply for firefighting purpose;

e) Develop planning for barracks of firefighting authorities, propose land allocation and build these barracks;

g) Direct formulation and drills of firefighting plans involving mobilization of multiple forces and equipment;

h) Direct firefighting operations and recovery from fire damage;

i) Produce statistics and submit reports on fire prevention and fighting to the supervisory People's Committees, the Government and Ministry of Public Security.

2. Commune-level People’s Committees shall exercise state management of fire prevention and fighting in their communes and perform the following tasks intra vires:

a) Promulgate, direct, inspect and organize implementation of regulations of law on fire prevention and fighting; inspect fire safety of residential areas, households, household businesses and facilities under their management; and handle violations against fire prevention and fighting regulations intra vires;

b) Organize dissemination of law and education on fire prevention and fighting; establish the all people’s fire prevention and fighting movement;

c) Organize management of the neighborhood watch of villages;

d) Direct investment of funding in fire prevention and fighting and provision of fire prevention and fighting equipment;

dd) Direct firefighting plan formulation and drills;;

e) Organize firefighting operations and recovery from fire damage;

g) Produce statistics and submit reports on fire prevention and fighting to district-level People's Committees.