Chapter III
FIREFIGHTING
Article 21. Firefighting plan
1. The firefighting plan must:
a) Show the nature and danger of fire, explosion, toxicity, and conditions related to firefighting activities.
b) Construct the worst-case scenario and some typical scenarios with various fire development rates.
c) Formulate a plan for mobilizing forces, vehicles, coordination, technical measures, firefighting tactics, and firefighting tasks suitable for each stage of the fire.
2. Responsibilities for formulating firefighting plans:
a) Presidents of the People’s Committees of communes, heads of facilities, owners of forests, owners of motor vehicles with special fire safety requirements are responsible for formulating firefighting plans using the forces and vehicles under their management (hereinafter referred to as grassroots firefighting plans). Heads of nuclear facilities shall formulate firefighting and rescue plans in the cases of fire that leads to nuclear accidents prescribed in Points a, b, and c Clause 2 Article 82 of the Law on Atomic Energy.
Presidents of the People’s Committees of communes, heads of facilities and residential areas enumerated by the Ministry of Public Security in Point b of this Clause shall cooperate with fire departments in formulating firefighting plans for their residential areas and facilities as instructed by the Ministry of Public Security.
b) Fire departments shall formulate firefighting plans for the facilities and residential areas that need the intervention of forces and vehicles of fire departments and other local organizations (hereinafter referred to as firefighting plans of fire departments).
The Ministry of Public Security shall compile a list of the aforesaid facilities and residential areas.
c) Presidents of the People’s Committees of provinces adjacent to two other provinces shall cooperate in formulating and approving firefighting plans in order to mobilize forces and vehicles to participate in firefighting in the event of big fire that threatens to cause loss of lives and property in the bordering area between two provinces.
d) Presidents of the People’s Committees of provinces that have nuclear facilities shall formulate firefighting and rescue plans in the cases of fire that leads to nuclear accidents prescribed in Point d Clause 2 Article 82 of the Law on Atomic Energy; formulate a plan for cooperation in firefighting at facilities and forests in the communes in bordering areas between two provinces.
dd) The Ministry of Public Security shall take charge and cooperate with the Ministry of Science and Technology, the Ministry of Industry and Trade, the Ministry of Health, the Ministry of National Defense, Presidents of the People’s Committees of provinces that have nuclear facilities in formulating firefighting and rescue plans in the cases of fire that leads to nuclear accidents prescribed in Point dd Clause 2 Article 82 of the Law on Atomic Energy.
e) Firefighting plans must be promptly revised when there are changes to the nature of danger of fire, explosion, toxicity, and conditions related to firefighting activities.
3. Every firefighting plan formulated in accordance with Point a and Point c Clause 2 of this Article shall be kept at the facility; its copies shall be sent to the local fire department. Every firefighting plan formulated in accordance with Point b and Point d Clause 2 of this Article shall be kept at the fire department; its copies shall be sent to the facility and the People’s Committee of the commune. The organizations whose forces are involved in the firefighting plan shall be informed of their tasks.
4. Practice of firefighting plans:
a) Every firefighting plan formulated in accordance with Point a Clause 2 of this Article shall be practiced at least once per year. Irregular practice shall be conducted on request.
b) Every firefighting plan formulated in accordance with Points b, c, and d Clause 2 of this Article shall be practiced on request.
c) Heads of organizations and Presidents of the People’s Committees of communes are responsible for conducting practice of firefighting plans. Before a firefighting plan mentioned in Point b, c, or d Clause 2 of this Article is practiced, an agreement shall be reached with the fire department in order to mobilize forces and vehicles.
d) All forces and vehicles mentioned in the firefighting plan must participate in the practice.
5. Fire departments shall provide instructions and inspect the formulation, practice, management, and application of firefighting plans.
6. The Ministry of Public Security shall provide the templates of grassroots firefighting plans and firefighting plans of fire departments; specify the competence to grant approval and time limit for practicing firefighting plan; specify responsibilities of organizations, households, and individuals when fire departments formulate firefighting plans; specify the practice of firefighting plans of fire departments.
Article 22. Responsibility for fire alarm notification, firefighting and participation in firefighting
1. Any person that discovers a fire shall immediately notify people nearby and any or all of the units below:
a) The watchmen, intramural or professional firefighting team where the fire occurs.
b) The nearest fire department.
c) Local government or nearest police station.
2. When being notified of a fire that occurs locally, any organization or unit mentioned in Clause 1 of this Article must immediately go to the scene, notify relevant units to provide reinforcement; if a fire occurs beyond their administrative division, the units in charge of the administrative division where the fire occurs must be notified.
3. The health persons present at the scene shall take every measures to save people, prevent spread of fire, and extinguish the fire; participants in firefighting must comply with every order of the fire commander.
4. Police officers, the army, the militia, medical facilities, electricity supply and water supply authority, urban environment authority, traffic authority, and other agencies relevant to firefighting shall comply with regulations in Clauses 2, 3, and 4 Article 33 of the Law on Fire safety and firefighting.
Article 23. Mobilization of privileged vehicles forces, vehicles and equipment of the army, international organizations, and foreign entities Vietnam to participate in firefighting
1. Military forces and equipment army that are not on any emergency mission may be mobilized to participate in firefighting. Every military commander who receives the order to mobilize force and equipment for firefighting must immediately comply to such order or notify his/her superior officer.
The Ministry of Public Security shall take charge and cooperate with the Ministry of National Defense in providing instructions on mobilization of military forces and equipment for firefighting.
2. The following vehicles shall not be mobilized to participate in firefighting:
a) Military vehicles or police vehicles on emergency missions.
b) Ambulances on emergency missions.
c) Vehicles serving recovery of natural disaster or state of emergency prescribed by law.
d) Vehicles guided by the police.
d) Funerary vehicles.
e) Other privileged vehicles defined by law.
3. Forces and equipment of international organizations and foreign entities in Vietnam may be mobilized to participate in firefighting, except for the international organizations and foreign entities entitled to diplomatic immunity and privileges as prescribed by law.
The Ministry of Foreign Affairs shall notify the Ministry of Public Security of the international organizations and foreign entities entitled to diplomatic immunity and privileges.
Article 24. Competence to mobilize forces, vehicles, and property in firefighting
1. Competence to mobilize forces, vehicles, and property to extinguish fire:
a) The fire commander that is a firefighter, head of the organization, or President of the People’s Committee is entitled to mobilize people, vehicles, and property of organizations, households, and individuals under their management; if people, vehicles and property beyond their competence must be mobilized, a competent person must be notified.
b) Heads of fire departments are entitled to mobilize people, vehicles, and property of local organizations, households, and individuals under their management. After mobilizing, the person in charge of such forces, vehicles, and property shall be notified.
c) Heads of Central Department of Fire safety, Firefighting, and Rescue are entitled to mobilize people, vehicles, and property of organizations, households, and individuals nationwide. After mobilizing, the person in charge of such forces, vehicles, and property shall be notified.
2. The Ministry of Public Security shall specify the procedures for mobilization of forces, vehicles, and property.
Article 25. Compensation for damage to vehicles and property mobilized in firefighting
Vehicles and property of organizations, households, and individuals mobilized in firefighting shall be returned to their owner after firefighting is done. If vehicles or property are lost or damaged, houses or constructions are dismantled as prescribed in Point c and Point d Clause 1 Article 38 of the Law on Fire safety and firefighting, compensation shall be provided as prescribed by law.
Compensation shall be covered by government budget.
Article 26. Privileges and assurance of privileges of people and vehicles mobilized in firefighting
1. Vehicles, ships, aircraft, and other means of transport of fire departments may switch on siren and is entitled to right of way, and other privileges prescribed by law.
Road motor vehicles of organizations and individuals mobilized in firefighting are given the privileges prescribed in Point b Clause 2 Article 36 of the Law on Fire safety and firefighting, given priority to pass bridges, ferries, and exempt from road charges.
2. When a person mobilized in firefighting presents the mobilization order, the vehicle owner or operator, or a relevant person shall run the vehicle as soon as possible.
Article 27. Flags, signs, and bands used during firefighting
Flags, signs, and bands used during firefighting include:
1. Flags of fire commanders
2. Fire commander’s band.
3. Signs and tapes indicating the boundary of firefighting zone.
4. No entry signs at the firefighting zone.
Designs of the flags, signs, and bands used during firefighting are specified in Appendix VI enclosed herewith.
Article 28. Fire commanders
1. The fire commander of a fire department is the person holding the highest rank of the fire department that is present at the fire scene.
2. If the fire spreads from one facility to another or from a facility to a residential area and vice versa before the firefighters arrive, the fire commander of that facility and residential area shall cooperate with each other in commanding the firefighting.
3. If a motor vehicle is on fire in a facility, village, or forest, before the firefighters arrive, the fire commander of the vehicle shall cooperate with the local fire commander.
4. When the person holding the highest rank of the fire department arrives at the fire scene, the fire commanders defined in Clause 2 Article 37 of the Law on Fire safety and firefighting shall participate in the commanding board and comply with the orders of the fire commander of the fire department.
Article 29. Fire commander’s tasks
1. Fire commander’s tasks:
a) mobilize forces, vehicles, and property in firefighting.
b) Determine the firefighting zone, develop and implement technical measures as well as fire fighting tactics.
c) Make demands for assurance of traffic and order.
d) Organize logistics and health services serving firefighting.
dd) Organize communications serving firefighting.
e) Encourage belief and morale.
g) Organize disclosure of information about the fire.
h) Make other requests serving firefighting.
2. Forces, vehicles, equipment, supplies, water, and extinguishing materials shall be mobilized in firefighting; ensure conditions for firefighting such as traffic, order, communication, logistics, health services, and encouragement works.
3. Before the firefighter arrive at the fire scene, the head of the facility or Presidents of the People’s Committees shall perform the tasks mentioned in Clause 1 and Clause 2 of this Article. Before the firefighters arrive at the fire scene, the head of the facility or Presidents of the People’s Committees shall perform the tasks mentioned in Clause 1 of this Article. They are also responsible for commanding the firefighting and perform the tasks in Clause 2 of this Article.
Article 30. Emergencies in which houses, constructions, obstacles may be dismantled or destroyed and property may be moved to serve firefighting.
Fire commanders of fire departments are entitled to decide to destroy, dismantle houses, constructions, obstacles and move property in accordance with Point d Clause 1 Article 38 of the Law on Fire safety and firefighting in the following emergencies:
1. There are people stuck in the fire or the fire is threatening lives of many people.
2. The fire is likely to cause an explosion or poisoning, negative impacts to the environment, serious loss of lives and property; or negative political impacts if it is not promptly controlled.
3. The firefighting is obstructed by houses, constructions, obstacles and there are no other better solutions.
Article 31. Firefighting at diplomatic missions, consular offices, representative offices of international organizations, and houses of members thereof
1. Firefighters of Vietnam may enter the premises of the organizations below to carry out firefighting upon request or approval of the heads of the organizations (or persons authorized by the heads):
a) The premises of diplomatic missions.
b) The premises of consular offices of countries with which Vietnam sign consular agreements that which allow Vietnam’s firefighters to enter to carry out firefighting upon request or approval of the heads of the organizations (or persons authorized by the heads).
c) The premises of representative offices of international organizations that belong to the UN.
d) The premises of intergovernmental organizations that do not belong to the UN, associations of international organizations if the international agreements between Vietnam and such organizations allow Vietnam’s firefighter to enter and carry out firefighting upon request or approval of the heads of the organizations (or persons authorized by the heads).
2. Vietnam’s firefighters may enter the premises of the organizations that are not mentioned in Clause 1 of this Article without request or approval of the heads or persons authorized by the heads.
3. Vietnam’s firefighters may enter houses of the persons below to carry out firefighting upon their request or approval:
a) Houses of foreign service officers that are not Vietnamese citizens and their families; technical and administrative employees that are not Vietnamese citizens or Vietnam’s residents and their families.
b) Houses of consular officers that are not Vietnamese citizens or Vietnam’s residents if the consular agreement between Vietnam and their countries allow Vietnam’s firefighters to enter and carry out firefighting upon their request or approval.
4. Vietnam’s firefighters may enter houses of members of consular offices, representative offices of international organizations that are not mentioned in Clause 3 of this Article to carry out firefighting without their request or approval.
5. The Ministry of Foreign Affairs shall notify the Ministry of Public Security of the entities mentioned in Points b, c, and d Clause 1 and Point b Clause 3 of this Article.
Tìm kiếm
Nghị định 79/2014/NĐ-CP (Bản Word)
Nghị định 79/2014/NĐ-CP (Bản Pdf)