Chương 4 Nghị định 35/2003/NĐ-CP: Tổ chức lực lượng phòng cháy và chữa cháy

Chapter IV

ORGANIZING FIRE PREVENTION AND FIGHTING FORCES

Article 33.- Organizing and managing the civil-defense forces, the grassroots and specialized fire prevention and fighting forces

1. Village chiefs, hamlet chiefs and urban population group leaders have the responsibility to propose the establishment and directly maintain the operations of civil defense teams in villages, hamlets, urban population groups. For large villages, hamlets or urban population groups, a civil-defense team may consist of may civil-defense groups. The commune-level People’s Committee presidents shall have to decide on the establishment, promulgate the regulations on operation of, the provision of fundings and equipment as well as other conditions for, civil defense teams.

2. The heads of establishments shall have to propose the establishment and directly maintain the operation of grassroots fire prevention and fighting teams. The heads of agencies or organizations directly managing the establishments shall have the responsibility to decide on the establishment, promulgate the regulations on operation of, ensure funding, equipment and conditions for, the grassroots fire prevention and fighting teams.

The Management Boards of special economic zones, industrial parks, export-processing zones or hi-tech parks shall have to set up and directly manage the operation of the grassroots fire prevention and fighting teams on a full time basis.

3. The fire prevention and fighting police offices have the responsibility to professionally direct and inspect the fire prevention and fighting operations of the civil defense forces, the grassroots and specialized fire prevention and fighting forces.

4. The Ministry of Public Security shall specify the organization of civil-defense teams and grassroots fire prevention and fighting teams; guide and inspect the management and maintain the operation of civil defense forces, the grassroots and specialized fire prevention and fighting forces.

Article 34.-Training and fostering in fire prevention and fighting operations for cadres and members of the civil-defense teams, the grassroots and specialized fire prevention and fighting teams

1. Cadres and members of the civil-defense teams, the grassroots and specialized fire prevention and fighting teams shall be trained and fostered in fire prevention and fighting operations according to the following contents:

a) Legal knowledge, fire prevention and fighting know-how, suitable to each kind of subjects;

b) Methods of propagation and building of mass movement for fire prevention and fighting;

c) Fire prevention measures;

d) Methods of elaborating and practicing fire-fighting plans; fire-fighting measures, tactics and techniques;

e) Methods of preserving and using fire prevention and fighting devices;

f) Methods of examining the fire prevention and fighting safety.

2. The Ministry of Public Security shall guide in detail the programs, contents and time of professional training and fostering in fire prevention and fighting operations; specify the granting and form of certificates of professional training in fire prevention and fighting operation, and organize the fostering according to the contents and programs for the subjects defined in Clause 1 of this Article.

Article 35.- Regimes and policies towards cadres and members of civil-defense teams, grassroots and specialized fire prevention and fighting teams.

1. Cadres and members of the civil-defense teams, the grassroots and specialized fire prevention and fighting teams shall be equipped with protection clothing and personal devices suitable to the nature of operations.

2. Cadres and members of the civil-defense teams shall be exempt from public labor obligations; for each day of professional training and fostering in fire prevention and fighting operation, they shall enjoy a money amount equal to the value of 1.5 of an average workday in their localities.

3. The cadres and members of the civil-defense teams, when directly participating in fire fighting, shall enjoy the allowance regime as follows:

a) If the fire fighting lasts for less than 2 hours, they shall each enjoy an allowance amount equal to the value of half of an average workday in their respective localities;

b) If the fire fighting lasts between 2 and under 4 hours, they shall each enjoy an allowance amount equal to two-thirds of an average workday in their respective localities;

c) If the fire fighting lasts for 4 hours or more or many days, for every 4 hours, they shall each enjoy an allowance amount equal to the value of an average workday in their respective localities.

4. Cadres and members of the civil-defense teams, when participating in professional training and fostering in fire prevention and fighting operation and getting accidents, suffering from health damage or death, shall enjoy the social insurance regime like State officials and employees.

The fundings for payment of allowances and social insurance indemnities to members of civil-defense teams shall be provided by the local budgets.

5. Cadres and members of grassroots and specialized fire prevention and fighting teams, during the period of professional training and fostering in fire prevention and fighting operations, shall be entitled to work leaves and enjoy full salaries and other allowances (if any) and an allowance amount being equal to half of the daily pay for each day.

6. Cadres and members of the grassroots and specialized fire prevention and fighting teams, who directly participate in fire fighting, shall enjoy the allowance regime as follows:

a) If the fire fighting lasts for less than 2 hours, they shall each enjoy an allowance amount equal to the value of half of the daily pay;

b) If the fire fighting lasts between 2 and under 4 hours, they shall each enjoy an allowance amount equal to two-thirds of the daily pay;

c) If the fire fighting lasts for 4 hours or more or for many days, for every 4 hours they shall each enjoy an allowance amount equal to the value of the daily pay.

7. Cadres and members of the grassroots and specialized fire prevention and fighting teams, when participating in professional training and fostering in fire prevention and fighting operations and getting accidents thus suffering from health damage or death, shall enjoy the social insurance regime.

The fundings for payment of allowances and social insurance regimes to cadres and members of the grassroots and specialized fire prevention and fighting teams shall be supplied by the managing agencies or organizations.

8. The Ministry of Labor, War Invalids and Social Affairs shall assume the prime responsibility and coordinate with the Ministry of Public Security, the Finance Ministry and the concerned agencies in guiding in detail the implementation of regimes of allowance and social insurance for cadres and members of the civil defense teams as well as the grassroots and specialized fire prevention and fighting teams.

Article 36.- Mobilizing civil-defense forces, grassroots and specialized fire prevention and fighting forces for participation in fire prevention and fighting

1. Competence to mobilize civil-defense forces, grassroots and specialized fire prevention and fighting forces for participation in fire prevention and fighting is prescribed as follows:

a) The presidents of the People’s Committees at all levels, the heads of agencies or organizations may mobilize civil-defense teams, grassroots and fire prevention and fighting teams under their respective management;

b) Heads of the fire prevention and fighting police sections may mobilize civil defense forces, grassroots and specialized fire prevention and fighting forces in geographical areas under their respective management;

c) The director of the Fire Prevention and Fighting Police Department may mobilize civil-defense forces, grassroots and specialized fire prevention and fighting forces nationwide.

2. Upon receiving decisions on mobilization for participation in fire prevention and fighting, the competent persons managing the civil-defense forces, the grassroots and specialized fire prevention and fighting forces shall have to abide by such decisions.

3. The Ministry of Public Security shall prescribe the form, management and use of decisions on mobilization of civil defense forces and grassroots and specialized fire prevention and fighting forces for participation in fire prevention and fighting as well as the mobilization procedures.

Article 37.- Organizational apparatus of the fire prevention and fighting police force

1. The fire prevention and fighting police force is organized uniformly from the central to local levels under the Public Security Minister’s management and direction, comprising:

a) The Fire Prevention and Fighting Police Department;

b) The fire prevention and fighting training establishments;

c) The fire prevention and fighting police sections under the Police Departments of the provinces and centrally-run cities;

d) Fire prevention and fighting police teams under the fire prevention and fighting police sections. These teams shall be established in provincial cities and towns, urban districts, rural districts, special economic zones, industrial parks, export-processing zones, hi-tech parks and other key economic regions.

2. The Ministry of Public Security shall specify the functions, tasks and organizational structures of the agencies and units defined in Clause 1 of this Article and specify the establishment of fire prevention and fighting police teams.

Article 38.- Regimes and policies towards officers, non-commissioned officers and men of the fire prevention and fighting police force

The officers, non-commissioned officers and men of the fire prevention and fighting police force shall, apart from the regimes and policies prescribed for the officers, non-commissioned officers and men of the People’s Police, enjoy the regimes of high quantitative food rations, training, drill and fire-fighting allowances; entitlements according to lists of particularly heavy, hard and hazardous jobs under the State’s regulations. Employees and workers of the fire prevention and fighting police force shall enjoy the regimes and policies as those for the Police employees and workers.