Chương IV Nghị định 79/2014/NĐ-CP: Tổ chức lực lượng phòng cháy và chữa cháy

Chapter IV

ORGANIZATION OF FIRE SAFETY FORCES

Article 32. Organization and management of watchman forces and intramural and professional firefighting forces

1. Heads of villages, mountain villages, mountain hamlets, ethnic minority villages or neighborhoods (hereafter referred to as villages) must suggest setting up and maintaining the operations of the watchman groups of the villages. With regard to large villages, the watchmen may be divided into multiple smaller groups. Presidents of People’s Committees of communes must set up, impose operating regulation, balance the budget, provide equipment and maintain the operations of the watchman groups.

2. The heads of facilities must set up or propose setting up a full-time or part-time intramural firefighting team. The heads of facilities prescribed in Clause 3 of Article 44 of Law on fire safety must set up or propose setting up and maintain a full-time professional firefighting team. The infrastructure investors in industrial zones, export processing zones, or hi-tech zones must set up and directly maintain full-time intramural firefighting teams.

The heads of authorities supervising the facilities must set up, impose operating regulation, balance the budget, provide equipment and maintain the operations of intramural firefighting teams and professional firefighting teams.

3. The Fire department must direct and inspect the qualification and professional skills of watchman groups, intramural and professional firefighting teams.

4. Composition of the watchman groups, intramural and professional firefighting teams:

a) A watchman group is composed of from 10 to 30 people, where there is 1 captain and 1 or 2 vice captains.

b) An intramural firefighting team is composed of from 10 to 25 people, where there is 1 captain and 2 or 3 vice captains.

c) A professional firefighting team shall be composed as prescribed in regulations of the Ministry of Public Security.

Article 33. Fire safety volunteers

1. A volunteer taking part in the fire safety operations must register with the People’s Committee of commune where he/she resides or with his/her workplace; that People’s Committee of commune, or company must receive and make a list, then send it to the fire department supervising such commune.

A volunteer organization taking part in the fire safety operations must register with the local fire department.

2. Once participation in fire safety operations is registered, the volunteer or volunteer organization must fulfill their duties and follow the guidance of the Captains or Vice captains of watchman groups, intramural or professional firefighting teams or other person in charge as prescribed.

Article 34. Providing training and fresher courses in fire safety operations for members of watchman groups, intramural and professional firefighting teams

1. The members of watchman groups, intramural and professional firefighting teams shall be provided with training and fresher courses in fire safety operations as follows:

a) Legal knowledge, fire safety knowledge that is suitable for every entity.

b) Method of propagation and raising the public awareness of fire safety.

c) Fire safety method.

d) Formulation and practice of firefighting plans; measures, tactics, techniques in firefighting.

dd) Method of preserving and using firefighting equipment.

e) Method for inspecting fire safety.

2. A Captain of a professional firefighting team must have an associate’s degree in fire safety or above and have professional knowledge in accordance with operating field.

3. The Ministry of Public Security shall provide specific guidance on program, content, and duration of fresher course in fire safety; the issuance and form of Certificate of training in fire safety, and provide members prescribed in Clause 1 of this Article with that training.

Article 35. Benefits for firefighting participants and members of watchman groups, intramural and professional firefighting teams.

1. A person who is ordered to directly extinguish the fire and serve the firefighting by the competent persons shall receive benefits as follows:

a) If it takes longer than 2 hours for firefighting, he shall receive 0.5 day’s basic salary.

b) If it takes from 2 hours to 4 hours for firefighting, he shall receive 0.75 day's basic salary.

c) If it takes longer than 4 hours or multiple days for firefighting, he shall receive a day’s basic salary for every 4 hours of firefighting. If he extinguishes the fire from 22:00 p.m to 6:00 a.m, the above benefits shall be doubled.

d) If a firefighting participant has an accident or injuries, he shall have the treatment cost covered; if his working capacity reduces due to the accident according to the conclusion of Medical Examination Council, he shall receive a subsidy depending on the reduced working capacity; if he dies, he shall be received the death benefits and funeral cost The above expenditures shall be paid by a social insurance organization of health insurance organization as prescribed; if the aforesaid participant has not bought the social insurance and health insurance, his expenditures shall be covered by the local government or his supervisory organization.

dd) If he has injuries in one of the cases mentioned in Ordinance on Preferential Treatment of People with Meritorious Services to the Revolution, he shall receive benefits for war invalids or equivalent.

e) If he dies in any of the cases mentioned in Ordinance on Preferential Treatment of People with Meritorious Services to the Revolution, he shall be recognized as a revolutionary martyr.

2. According to specific condition of each province, the Presidents of the People’s Committees of provinces shall request People’s Council of provinces to decide a regular support for a Caption or a Vice captain of watchman groups provided that it is not lower than 25% of basic salary.

3. Apart from receiving adequate salary and other allowances (if any), a Captain or a Vice captain of a part-time intramural firefighting team may receive a regular support paid by his supervisory organization. According to actual condition, the head of that organization shall provide every position with a support provided that it is not lower than 0.3 basic salary.

4. When participating in a fresher course in fire safety operations, a member of a watchman group shall receive an allowance of 1.5 day’s basic salary; a member of an intramural or professional firefighting team shall receive day offs, adequate salary and other allowances (if any), and a support of 0.5 day’s basic salary.

5. When participating in a fresher course in fire safety operations, if a member prescribed in Clause 4 of this Article has accidents, injuries, or he dies, he shall benefit from social insurance; if he has not bought compulsory social insurance, his benefits shall be covered by the local government budget or his supervisory organization.

6. The Ministry of Labor, War Invalids and Social Affairs shall take charge or cooperate with the Ministry of Public Security, the Ministry of Finance and relevant agencies in guidance on Point d, dd and e Clause 1, Clause 4 and Clause 5 of this Article.

Article 36. Mobilization of watchman forces and intramural and professional firefighting forces in participation in fire safety operations

1. Competence to mobilize watchman forces and intramural and professional firefighting forces in participation in fire safety operations:

a) The Presidents of the People’s Committees, Heads of authorities or organization may mobilize watchman groups, intramural and professional firefighting teams within their area of competence.

b) Heads of local fire departments may mobilize watchman forces, intramural and specialist firefighting forces in participation in fire safety operations within their area of competence.

c) Directors of Central Department of Fire safety, Firefighting, and Rescue may mobilize watchman forces, intramural and specialist firefighting forces in participation in fire safety operations on the national scale.

2. When the Decision of mobilization in fire safety operations is received, the person in charge of the watchman forces, intramural and professional firefighting forces must implement that Decision.

3. The Ministry of Public Security shall provide for forms, management regulation and use of the Decision of mobilizing watchman forces and intramural and specialist firefighting forces in participation in fire safety operations and procedures of mobilization.

Article 37. Benefits for commissioned officers, non-commissioned officers, or soldiers in the Fire department

Apart from benefits for commissioned officers, non-commissioned officers, or soldiers, they shall be provided with special diet after a practice session or a firefighting event; they also receive the benefits according to the List of extremely exhausting, dangerous or noxious jobs prescribed in regulations of law. Employees in the Fire department shall receive the same benefits as those of employees in Public Security.

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