Chương III Nghị định 136/2020/NĐ-CP: Chữa cháy

Chapter III

FIREFIGHTING

Article 19. Firefighting plans

1. a) Types of firefighting plans:

a) Facility firefighting plan (Form No. PC17);

b) Police authority firefighting plan (Form No. PC18).

2. Requirements for and basic content of a firefighting plan:

a) The plan includes the dangers posed by fire, explosion and toxic hazards and firefighting-related conditions;

b) The plan provides the most complicated fire scenario and some other possible typical fire scenarios, different levels of fire spread possibility;

c) The plan elaborates mobilization and use of forces and equipment, direction organization, technical measures, tactics and support activities concerning firefighting for each stage of each fire scenario;

d) The plan must be revised in a timely manner and reapproved by the competent authority upon large change in size, dangers posed by fire, explosion and toxic hazards and firefighting-related conditions.

3. Responsibility for firefighting plan formulation and cooperation in firefighting plan formulation:

a) Chairpersons of commune-level People’s Committees, heads of facilities requiring fire management and owners of motor vehicles subject to special fire safety requirements shall organize formulation of facility firefighting plans for residential areas, facilities and vehicles employing on-site forces and equipment under their management (using Form No. PC17);

b) Heads of district-level police authorities shall organize formulation of police authority firefighting plans for facilities mentioned in the list in Appendix II enclosed therewith and residential areas facing high fire and explosion risk in localities under their fire management (using Form No. PC18);

c) Heads of fire departments shall organize formulation of police authority firefighting plans for the remaining facilities mentioned in the list in Appendix II enclosed therewith as well as firefighting plans requiring mobilization of local organizations, regulatory bodies, military and police and police forces of multiple central-affiliated cities and provinces (using Form No. PC18).

When formulating firefighting plans, police authorities must notify heads of facilities and Chairpersons of People’s Committees of communes where residential areas facing high fire and explosion risk are located of the plan formulation time and requirements for the formulation at least 03 working days before the formulation begins.

Chairpersons of People’s Committees of communes where residential areas facing high fire and explosion risk are located and heads of facilities mentioned in Appendix II enclosed therewith shall provide necessary documents and information related to firefighting plan formulation at the request of police authorities, assign personnel to join the formulation and satisfy conditions supporting the formulation.

4. Application for approval of facility firefighting plan for facilities mentioned in Appendix III enclosed therewith:

a) Application for approval of facility firefighting plan (made using Form No. PC19);

b) 02 copies of facility firefighting plan bearing the signature and seal of the person in charge of formulation (if any).

5. The applicant shall submit 01 application prepared according to Clause 4 herein to the competent authority in one of the following ways:

a) Directly at the single-window unit of the competent authority;

b) Online via the public service portal of the competent authority (documents included in state secret lists shall be submitted in compliance with regulations of laws on state secret protection);

c) By public postal service, service provided by an enterprise or individual or authorization as prescribed by law.

6. The official receiving the application shall check its components and validity and perform the following tasks:

a) If the application is adequate and valid according to regulations in Clause 4 herein, receive it and fill out the acknowledgement of application receipt (using Form No. PC03);

b) If the application is inadequate or invalid according to regulations in Clause 4 herein, instruct the applicant on how to complete the application as per regulations and fill out the application revision instruction (using Form No. PC04).

7. Announcement of application processing results:

a) If the application is submitted directly at the single-window unit of the competent authority, the official receiving it shall give 01 copy of the acknowledgement of application receipt or application revision instruction to the applicant and retain 01 copy;

b) If the application is submitted via the public service portal of the competent authority, the official receiving the application shall send a notification of application receipt or instruction on application revision to the applicant via email or text message;

c) If the application is submitted by public postal service, the service of an enterprise and individual or authorization as per the law, the official receiving it shall send 01 copy of the acknowledgement of application receipt or application revision instruction to the applicant and retain 01 copy.

8. The person sent to submit the application by the applicant must have a letter of introduction or letter of authorization and present their unexpired identity card or passport.

9. Firefighting plan management:

a) Facility firefighting plans shall be retained in facilities, in residential areas and on motor vehicles subject to special fire safety requirements;

b) Every police authority firefighting plan shall be retained at the premises of the formulating police authority. Regulatory bodies and organizations whose forces and equipment are involved in the plan may copy and disseminate content related to their tasks.

10. Responsibility for organization of firefighting plan drills:

a) Chairpersons of commune-level People’s Committees, heads of facilities and owners of motor vehicles subject to special fire safety requirements shall ensure all necessary conditions and organize firefighting plan drills for facilities, residential areas and vehicles under their management;

b) Police authorities shall organize drills of their firefighting plans at the request of persons competent in approval;

c) Forces and equipment involved in a firefighting plan must participate in a satisfactory manner when mobilized for drills;

d) The person in charge of organizing facility firefighting plan drills shall send the plan and a report on results of the drills to the supervisory police authority and take responsibility before the law for the results.

11. Police authorities shall provide guidelines for and inspect firefighting plan formulation, drills, management and employment.

Article 20. Responsibility for fire incident reporting, fire fighting and firefighting participation

1. Anyone detecting a fire must inform people around them about it and notify one or all of the following units:

a) The neighborhood watch or internal/specialized firefighting force of the locality where the fire occurs;

b) The nearest police authority or firefighting authority;

c) The government of the locality where the fire occurs.

2. Upon receipt of report on a fire in a locality under their management, the regulatory bodies and units mentioned in Clause 1 herein shall promptly arrive at the scene to suppress the fire and, concurrently, notify other essential regulatory bodies and units for reinforcement.

3. Upon receipt of report on a fire outside of the locality under its management, the regulatory body/unit mentioned in Point b Clause 1 herein shall promptly notify the regulatory bodies and units managing the locality where the fire occurs to have the fire suppressed; and, concurrently, report to the supervisory unit for consideration and decision to mobilize forces and equipment for reinforcement upon request.

4. Persons present at the fire scene must take all suitable measures to save human lives, prevent the fire from spreading and suppress the fire; firefighting participants must obey all orders from the incident commander.

5. Police forces, military forces, militia and self-defense forces, health, power, water, urban environment and transport authorities as well as other relevant regulatory bodies shall suppress the fire and participate in the firefighting operation according to regulations in Clauses 2, 3 and 4 Article 33 of the Law on Fire Prevention and Fighting.

Article 21. Incident commanders

1. The incident commander in a people’s police force shall be the highest-ranking leader of the firefighting authority present at the fire scene.

2. In case where the fire spreads from one facility to another or from one facility to a residential area or vice versa before the firefighting authority arrive at the fire scene, the incident commanders of the facility and the residential area must cooperate with each other in directing firefighting operation.

3. In case where the firefighting authority has yet to reach a motor vehicle caught on fire on the premises of a facility or in a village or forest, the incident commander in charge of the motor vehicle on fire shall cooperate with the person in charge of local firefighting operation in directing firefighting operation.

4. When the highest-ranking person of the people's police force arrives at the fire scene, the incident commander mentioned in Clause 2 Article 37 of the Law on Fire Prevention and Fighting shall join the firefighting command team and take orders from the incident commander of the people’s police force.

Article 22. Firefighting commanding and directing tasks

1. Firefighting commanding tasks:

a) Mobilize forces, equipment, property, water supply and firefighting substances and materials for firefighting operations;

b) Identify the fire area, provide firefighting tactics and technical measures and organize adoption thereof;

c) Set requirements for assurance of public and traffic order;

d) Organize logistics activities, support and healthcare for firefighting operations;

dd) Establish communication for firefighting operations;

e) Organize political education in fire fighting;

g) Organize notification of the fire incident;

h) Decide to end firefighting operations;

i)  Cooperate in organizing protection of the fire scene;

k) Organize experience-learning meetings;

l) Propose other requests in support of firefighting operations.

2. Firefighting operations direction shall be carried out in the cases provided for in Article 39 of the Law on Fire Prevention and Fighting. Persons in charge of firefighting operations direction shall organize and direct safe and effective firefighting activities and recovery from fire damage.

3. Before the firefighting authority arrives at the fire scene, a regulatory body or organization head or Chairperson of the People's Committee at commune level or higher shall perform the tasks mentioned in Clauses 1 and 2 herein. When the firefighting authority arrives at the fire scene, its leader shall perform the tasks mentioned in Clause 1 herein; and the regulatory body or organization head or Chairperson of the People's Committee at commune level or higher shall command firefighting operations and perform the directing tasks mentioned in Clause 2 herein.

Article 23. Competence in and procedures for mobilization of forces, equipment and property for firefighting purpose

1. Competence in mobilization of forces, equipment and property for firefighting purpose:

a) Regulatory body or organization heads and Chairpersons of commune-level People’s Committees have the power to mobilize forces, equipment and property of regulatory bodies, organizations, households and individuals under their management; and must propose mobilization of forces, equipment and property not under their management to the person competent in mobilization of these forces, equipment and property for decision;

b) Fire department heads and heads of provincial police authorities have the power to mobilize forces, equipment and property of firefighting forces under their management, shall notify managers of the mobilized forces, equipment and property, and must propose mobilization of forces, equipment and property not under their management to the person competent in mobilization of these forces, equipment and property for decision;

c) Chairpersons of district-level People’s Committees have the power to mobilize forces, equipment and property of regulatory bodies and organizations under their management; and must propose mobilization of forces, equipment and property not under their management to the person competent in mobilization of these forces, equipment and property for decision;

d) Heads of provincial police authorities have the power to mobilize forces, equipment and property of police forces under their management; and must propose mobilization of forces, equipment and property not under their management to the person competent in mobilization of these forces, equipment and property for decision;

dd) Head of the Central Department of Fire safety, Firefighting, and Rescue has the power to mobilize forces, equipment and property of firefighting authorities throughout the country. They must propose mobilization of forces, equipment and property not under their management to the person competent in mobilization of these forces, equipment and property for decision, and notify managers of the mobilized forces, equipment and property;

e) Chairpersons of provincial People’s Committees have the power to mobilize forces, equipment and property of regulatory bodies, organizations, households and individuals under their management and military forces stationed in their provinces, and must notify managers of the mobilized forces, equipment and property;

g) The Minister of Public Security has the power to mobilize forces, equipment and property of regulatory bodies, organizations, households and individuals throughout the country, and must notify managers of the mobilized forces, equipment and property.

2. Procedures for mobilization of forces, equipment and property for firefighting purpose:

a) Mobilization of forces, equipment and property for firefighting purpose must be documented in an order for mobilization of forces, equipment and property for firefighting purpose (made using Form No. PC20); in case of emergency, the mobilization order may be given verbally and shall be documented within the 03 following working days. The person giving a verbal mobilization order must provide their full name, post and workplace as well as the grounds for mobilization, requirements for mobilized persons, equipment and property, and assembly time and point;

b) In case of mobilization of forces, equipment and property of a regulatory body, organization or individual not under their management, the incident commander may mobilize these forces, equipment and property for firefighting purpose with the verbal permission of the competent person, and shall advise this competent person on issuance of a written mobilization decision.

Article 24. Mobilization of prioritized vehicles, personnel and equipment of military forces, international organizations and foreign organizations and individuals in Vietnam for firefighting purpose

1. Military personnel and equipment not on emergency duty may be mobilized for firefighting and firefighting support purposes. Upon receipt of an order for mobilization of forces and equipment for firefighting and firefighting support purposes, military leaders must execute the order immediately or report to the competent authority for execution.

2. The following vehicles shall not be mobilized for firefighting and firefighting support purposes:

a) Military vehicles and police vehicles on emergency duty;

b) Ambulances on duty;

c) Dike protection vehicles, vehicles on natural disaster recovery or emergency duty per the law;

d) Motorcades led by the police;

dd) Vehicles in funeral processions;

e) Other prioritized vehicles per the law.

3. Personnel and vehicles of international organizations and foreign organizations and individuals in Vietnam may be mobilized for firefighting and firefighting support purposes, excluding international organizations and foreign organizations and individuals entitled to privileges and immunities as prescribed by law and conventions to which Vietnam is a signatory.

Article 25. Priority for personnel and equipment mobilized for firefighting purpose and exercise of priority rights

1. When operating for firefighting and firefighting support purposes, road vehicles, watercrafts, aircrafts and other vehicles of firefighting authorities may use priority signals and exercise traffic priority right and other priority rights as per the law.

Road motor vehicles and inland watercrafts of regulatory bodies, organizations and individuals mobilized for firefighting purpose are entitled to the priority rights mentioned in Point b Clause 2 Article 36 of the Law on Fire Prevention and Fighting, and given priority when crossing bridges and using ferries, and exempt from road tolls.

2. When a person mobilized for firefighting purpose presents a mobilization order or notification of mobilization request from the competent person (in case the mobilization order is issued verbally), the vehicle owner or vehicle operator or persons with relevant responsibility shall permit the mobilized person to leave as soon as practicable.

Article 26. Urgent situations where right to demolish houses, works and obstacles and move property during firefighting operations may be exercised

The incident commander of a firefighting authority may exercise the right to demolish houses, works and obstacles and move property provided for in Point d Clause 1 Article 38 of the Law on Fire Prevention and Fighting in the following urgent situations:

1. A person is trapped by the fire or the fire is directly threatening the lives of multiple persons.

2. The fire poses a direct risk of explosion or toxic hazard; a risk to the environment; a major threat to human lives and property; or a threat to political situation or foreign affairs unless preventive measures are promptly taken.

3. The houses, works and obstacles obstruct firefighting operations and there is no other more effective firefighting option.

Article 27. Return of and compensation for equipment and property mobilized for firefighting purpose

Equipment and property of regulatory bodies, organizations, households and individuals mobilized for firefighting or firefighting support purpose must be returned immediately after firefighting operations end. Mobilized equipment and property that are damaged, and houses and works that are demolished according to regulations in Points c and d Clause 1 Article 38 of the Law on Fire Prevention and Fighting shall be compensated as per the law.

Article 28. Suppression of fire on premises of diplomatic missions, consular missions, representatives of international organizations and houses of members thereof

1. Vietnamese firefighting forces may enter the premises of the following bodies for firefighting purpose at the request or with the permission of the head or authorized person of these bodies:

a) Diplomatic missions;

b) Consular missions of countries with which Vietnam has signed a consular agreement stipulating that Vietnamese firefighting forces may enter the premises of these missions for firefighting purpose at the request or with the permission of the heads or authorized persons of these missions;

c) Representatives of international organizations affiliated to the United Nations;

d) Representatives of intergovernmental international organizations not affiliated to the United Nations, and mass organizations of international organizations with which Vietnam has signed an agreement stipulating that Vietnamese firefighting forces may enter the premises of these bodies for firefighting purpose at the request or with the permission of the heads or authorized persons of these bodies.

2. Vietnamese firefighting forces may enter the premises of consular missions and representatives of international organizations besides those mentioned in Clause 1 herein for firefighting purpose without a request or permission from the heads or authorized persons of these bodies.

3. Vietnamese firefighting forces may enter the houses of the following persons for firefighting purpose at the request or with the permission of these persons:

a) Members of diplomatic missions, and family members of members of diplomatic missions who do not hold Vietnamese nationality; administrative and technical staff and their family members who do not hold Vietnamese nationality or reside permanently in Vietnam;

b) Members of consular posts who do not hold Vietnamese nationality or reside permanently in Vietnam; if the consular agreements between Vietnam and the home countries of these persons stipulate that Vietnamese firefighting forces may enter their houses for firefighting purpose at their request or with their permission.

4. Vietnamese firefighting forces may enter the houses of members of consular missions and representatives of international organizations besides those mentioned in Clause 3 herein for firefighting purpose without a request or permission from these members.

Article 29. Signal flags, signage, armband and tape used in firefighting operations

1. Signal flags, signage, armband and tape used in firefighting operations include:

a) Firefighting signal flag; signal flag of firefighting command team;

b) Incident commander armband;

c) Fire area signboard, fire area barricade tape;

d) Fire area no entry sign.

2. Specifications of signal flags, signage, armband and tape used in firefighting operations are provided for in Appendix VIII enclosed therewith.