Chương IV Nghị định 156/2018/NĐ-CP: Phòng cháy và chữa cháy rừng

Chapter IV

FOREST FIRE SAFETY

Section 1. FOREST FIRE PREVENTION

Article 45. Forest fire safety plans

1. Responsibility for preparing forest fire safety plans

a) Forest owners who are family households and community shall prepare forest fire safety plans according Form No.1 provided in Appendix III issued thereto;

b) Forest owners who are organizations shall prepare forest fire safety plans according Form No.2 provided in Appendix III issued thereto;

c) Commune-level People’s Committees assigned to manage unallocated or unleased forests shall prepare forest fire safety plans according to Form No.3 provided in Appendix III issued thereto.

2. Forest fire safety plans prepared by organizations or commune-level People's Committees specified in Point b and c Clause 1 this Article shall be sent to the forestry administration and Fire and Rescue Police of commune level for advice.

3. Forest fire safety plans must be promptly amended in case there is any change to characteristics and nature of fire dangers and conditions related to forest fire safety.

4. Forest owners shall offer practice of forest fire safety plans as per provisions of the law on fire safety.

5. Forestry administrations and Fire and Rescue Police shall provide guidelines for and check preparation and implementation of forest fire safety plans.

Article 46. Levels of forest fire danger

1. There are 5 levels of forest fire danger from I to V; the forest fire danger sign is in semicircle shape of outer and inner diameter of 2.5 and 1.8 m, respectively surrounded by a red line and attached to a movable arrow to indicate 5 levels of forest fire danger. More details of forest fire danger levels can be found in Form No.4 provided in Appendix III issued thereto.

2.

Various-level forestry administrations shall continuously forecast and inform daily forest fire danger levels on mass media in case of level IV and V according to the weather and hydrometeorology condition.

Article 47. Safety conditions for forest fire prevention

1. Safety conditions for forest fire prevention

a) Forest fire safety regulations, fire danger signs and flame prohibited signs shall be placed at designated positions in consistent with characteristics and nature of fire of each forest type;

b) There must be forest fire safety plans specified in Article 45 herein;

c) Existing forest fire safety works shall be consistent with the nature and characteristics of each forest type.

d) Forest fire safety equipment and instruments shall be consistent with characteristics and nature of each forest type according to the forest fire safety plan;

dd) There must be a standing firefighting force who is trained in forest fire safety to meet on-spot firefighting requirements;

e) There must be a record of management and monitoring of forest fire safety as prescribed in the law on fire safety.

2. Forests with railway, high voltage power lines, gas or petroleum or petroleum product pipelines and works bearing forest fire risks must be protected by fire barriers and safety corridors consistent with each type of work under law provisions and flammable materials must be moved out the fire barrier zone.

3. When burning fields or vegetation for the purpose of forest planting and flammable material reduction, the fire user shall:

a) take fire safety measures;

b) not burn on dates of forest fire danger level IV or V and shall burn on dates of light wind before 9:00 am and after 4:00 pm.

c) notify the burning to the head of the village and forest fire safety team. There must be a person keeping guard over such burning and firefighting instruments in case the fire sweeps through the forest. All sparks must be extinguished after burning.

4. Fire use in facilities, works, construction sites and houses permitted to be built inside the forest must ensure the flame does not sweep through the forest and all sparks are extinguished.

Article 48. Fire prevention requirements applied for forest development projects

The forest development project shall include fire safety methods with the following contents:

1. Fire safety methods applied for forest plots and sub-forest zones in conformable to characteristics of fire in each type of forests and existing railway, high voltage power grids, gas, petroleum and petroleum product pipelines, houses and works.

2. Fire safety works in consistent with characteristics of each forest type

3. Designed estimate for funding for forest fire safety works.

Article 49. Organization and management of forest fire safety forces

1. Forest owners that are organizations shall establish a forest fire safety team and manage operation thereof and provide funding, equipment and favorable conditions for maintaining such operation.

2. The forestry administration shall establish forest fire safety units and manage operation thereof as authorized, provide guidelines, carry out inspection and offer training courses in professional forest fire safety to forest protection forces established by forest owners and internal forest protection forces.

3. The Fire and Rescue Police Agency shall instruct and cooperate with the forestry administration in performing tasks specified in Clause 2 this Article.

4. Training and re-training in professional fire safety skills offered to forest safety forces shall comply with provisions of the fire safety law.

Article 50. Forest fire safety inspection

1. Forest fire safety inspection shall:

a) satisfy conditions for forest fire safety specified in Article 47 herein and other provisions of the law on fire prevention and fighting;

b) fulfill responsibilities for forest fire safety of each subject specified in Article 53 and relevant Articles herein and provisions of the law on fire prevention and fighting;

c) comply with standards and regulations on forest fire safety and forest fire safety requirements of competent persons or authorities

2. Forest fire safety inspection shall be carried out periodically and irregularly.

3. Responsibility for forest fire safety inspection after and before dry season shall be assigned as follows:

a) Chairpersons of commune-level People's Committees and forest owners shall carry out inspection of forest fire safety in the area under their management as per regulations in Clause 2 this Article;

b) Heads of organizations and agencies and Chairpersons of provincial People's Committees or higher shall carry out periodic and irregular forest fire safety inspection in the area under their management;

c) The forestry administration shall carry out periodic forest fire safety inspection for forests facing fire risks and irregular inspection in case any fire danger or violation against forest fire safety regulations is found or in case of special protection requirement;

d) The Fire and Rescue Police Agency shall carry out forest fire safety inspection once every 6 months or every year for forests facing fire risks and carry out irregular inspection if any fire danger or violation against forest fire safety and in case of special protection requirements.

Section 2. FOREST FIRE FIGHTING

Article 51. Responsibilities for fire alarm, fire fighting and participation in forest fire fighting and fire fighting command

1. The person detecting forest fire must notify such fire to others and to one of the following entities at any cost:

a) Forest owner;

b) The nearest forest fire safety team;

c) The nearest forestry administration or fire and rescue police agency;

d) Local government authority or the nearest police and military agency

2. When receiving forest fire notification, entities specified in Clause 1 this Article shall mobilize forces and equipment for fire fighting and notify the fire to other necessary entities for assistance; in case the forest fire breaks out outside the area under management, such entities shall, at any cost, inform agencies managing the place on fire for handling purpose and participate in fire fighting after receiving fire notification.

3. Persons present at the place in which the forest fire breaks out shall work out any method for fire spread prevention and fire fighting; participants in fire fighting must abide by orders of the fire-fighting commander;

4. Forest owners, police, forest rangers, military, militia and self-defense forces and other relevant agencies shall extinguish the fire and participate in fire fighting as per provisions of the law on fire prevention and fighting.

5. Mobilization of forces, equipment and properties for fire fighting, fire-fighting command, decision on destruction of houses, construction works and obstacles where necessary and property movement for firefighting purpose shall comply with provisions of the law on fire prevention and fighting.

Article 52. Overcoming consequences of forest fire

1. Forest owners shall determine damage rate after the fire and send a statistical report on damage to the forestry administration, fire and rescue police and local government authority.

2. According to the damage rate, forest owners shall find and take post-forest restoration measures including localizing and promoting natural forest regeneration or planting additional forest or new forest.

3. The local forestry administration shall cooperate with commune-level People’s Committees in sending a consolidated report on damage rate and solutions to consequences and assistances to the competent authority.

4. The forestry administration, fire and rescue police and investigation agency shall find causes for forest fire, damage rate and take actions as regulated by laws.

Section 3. FOREST FIRE SAFETY RESPONSIBILITIES

Article 53. Forest fire safety responsibilities of forest owners

1. For the case in which forest owners are organizations:

a) Comply with forest fire safety regulations and conditions and take measures for forest fire safety as per law provisions;

b) Formulate and issue regulations and methods for fire safety in the forest under their management;

c) Prepare and implement fire safety plans applied for the forests under their management;

d) Disseminate knowledge and law about forest fire safety, offer training in forest fire safety profession, establish, manage forest fire safety teams and maintain operations thereof;

dd) Carry out forest fire safety inspection, suggest handling of violations against forest fire safety regulations and promptly deal with shortcomings and violations against forest fire safety regulations as authorized;

e) Invest in work construction and equipment and instruments used for forest fire safety;

g) Provide funding for forest fire safety as per current State regulations;

h) Send periodic and irregular report on forest fire safety and promptly notify the local forestry administration, fire and rescue police and supervisory authorities of changes related to fire safety of the forests under their management;

i) Cooperate with other forest owners, local government authority and surrounding entities in ensuring safety of forest fire prevention and fighting and not cause fire danger to neighboring forests, agencies or family households;

k) Perform forest fire safety activities as required by competent authorities;

l) Cooperate and enable competent authorities to investigate and look for the perpetrator of forest fire.

2. For the case in which forest owners are family households, individuals or community

a) Comply with forest fire safety regulations and conditions and take measures for forest fire safety as per law provisions;

b) Carry out forest fire safety inspection, suggest handling of violations against forest fire safety regulations and promptly deal with shortcomings and violations against forest fire safety regulations as authorized;

c) Invest in purchase of equipment and instruments used for forest fire safety as regulated;

d) Provide funding for investment in forest fire safety under current State regulations;

dd) Cooperate with other forest owners, local government authority and surrounding entities in ensuring safety of forest fire prevention and fighting and not cause fire danger to neighboring forests, agencies or family households;

e) Perform forest fire safety activities as required by competent authorities;

g) Cooperate with and enable competent authorities to investigate and look for the perpetrator of forest fire.

Article 54. Responsibilities of heads of agencies and organizations operating in forests or verge of forests

1. Comply with forest fire safety regulations and conditions and take measures for forest fire safety as per law provisions;

2. Urge and remind persons under their management to comply with forest fire safety regulations and conditions.

3. Detect fire and participate in forest fire fighting

4. Cooperate with other forest owners, local government authority and surrounding entities in ensuring safety of forest fire prevention and fighting and not cause fire danger to forests

5. Participate in forest fire safety activities as required by competent authorities and proactively participate in forest fire fighting when the fire break outs.

Article 55. Responsibilities of family households, individuals and community living in forests or verge of forests

1. Comply with forest fire safety regulations and conditions and take measures for forest fire safety as per law provisions;

2. Urge and remind the family members to comply with forest fire safety regulations and conditions.

3. Cooperate with other forest owners, family households and agencies in ensuring safety of forest fire prevention and fighting and not cause fire danger to forests.

4. Participate in forest fire safety activities as required by competent authorities.

5. Ensure forest fire safety if permitted to use flame or heat sources or devices generating flame or heat and maintain and use flammable materials in the forest and forest verge.

6. Prevent and timely notify element directly causing forest fire and violations against forest fire safety regulations, timely detect and extinguish fire and strictly abide by order for mobilization of forces for forest fire fighting.

Article 56. Responsibilities for forest development project of fire safety agencies

1. Agencies preparing forest development projects shall:

a) ensure that such forest development projects satisfy forest fire safety requirements;

b) monitor implementation of such projects and construct works used for forest fire safety;

c) participate in acceptance of results of such projects and construction of forest fire safety works.

2. Investors shall:

a) organize implementation of forest development projects and construction of forest fire safety works specified in the approved projects or designs;

b) carry out inspection and supervision of work construction and acceptance of results of forest development projects and work construction.

3. Entities running forest development projects and building forest fire safety works shall:

a) run forest development projects and construct forest fire safety works according to the approved designs;

b) ensure forest fire safety during project implementation and work construction.

4. The forestry administration and fire and rescue police, as authorized and assigned, shall:

a) consider and response to fire safety methods applied for forest development projects and projects on new construction or reform of forest fire safety works;

b) carry out inspection of compliance with fire prevention and fighting regulations handle violations against forest fire safety regulations;

c) The forestry administration shall participate in acceptance of results of fire prevention and fighting applied for forest development projects and forest fire safety works.