Circular 08/2018/TT-BCA detailing Decree 83/2017/ND-CP on rescue and salvage activities of fire brigades

CIRCULAR

Detailing a number of articles of Decree No. 83/2017/ND-CP

dated July 18, 2017 on rescue and salvage activities of fire brigades

Pursuant to the Law on Fire Prevention and Fighting dated June 29, 2001 which was amended and supplemented according to the Law Amending and Supplementing a Number of Articles of the Law on Fire Prevention and Fighting dated November 22, 2013 (hereinafter referred to as “the Law on Fire Prevention and Fighting);

Pursuant to the Decree No. 83/2017/ND-CP dated July 18, 2017, on rescue and salvage activities of fire brigades (hereinafter referred to as “the Decree No. 83/2017/ND-CP”);

Pursuant to the Decree No. 106/2014/ND-CP dated November 17, 2014, defining the functions, tasks, powers and organizational structure of the Ministry of Public Security;

At the proposal of the Director of the Fire Prevention and Fighting and Rescue Police Department;

The Minister of Public Security promulgates the Circular detailing a number of articles of Decree No. 83/2017/ND-CP dated July 18, 2017, on rescue and salvage activities of fire brigades.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular prescribes the deployment of forces and the number of people on standby rescue and salvage duty; contents and programs of professional training and coaching, inspection of conditions for safety assurance, guidance on incident and accident prevention, coordination among forces engaged in rescue and salvage activities; uniforms, specifications of pennants, signboards and bands used in rescue and salvage activities, records of management and monitoring of rescue and salvage activities, and statistics and reports of fire brigades.

Article 2. Subjects of application

This Circular applies to:

1. Fire brigades that carry out rescue and salvage activities.

2. Police units and localities.

3. Agencies, organizations, households and individuals engaged in rescue and salvage activities of fire brigades.

Chapter II

SPECIFIC PROVISIONS

Article 3. Deployment of rescue and salvage police forces

1. Requiremnets for deployment of rescue and salvage police forces

a) There must be enough standby forces to be ready for rescue and salvage around the clock and replacement forces;

b) The rescue and salvage police forces must be deployed in a professional manner;

c) The rescue and salvage police forces must be arranged at police units and localities in accordance with Article 25 of the Decree No. 83/2017/ND-CP.

2. In cases where the rescue and salvage police forces are deployed according to rescue and salvage police divisions, teams and groups, the authority to establish such divisions, teams and groups shall comply with the decision of the Minister of Public Security.

Article 4. Standby rescue and salvage duties

1. With regard to the Fire Fighting, Rescue and Salvage Police Force, the standby rescue and salvage duties shall comply with the Circular No. 50/2017/TT-BCA dated November 1, 2017 of the Minister of Public Security on standby rescue and salvage of fire brigades.

2. With regard to grassroots fire brigades and specialized fire brigades, the number of people on standby rescue and salvage duties shall be decided by the head of the establishment in such a way that there are enough guards to receive and process information as well as operate equipments used in rescue operation and fulfill rescue and salvage tasks.

3. With regard to civil-guard forces, in cases where they are mobilized to be on duty for rescue and salvage, the chairperson of commune-level People's Committees shall decide on the number of people on duty.

Article 5. Guidance on incident and accident prevention for houses, works, vehicles and equipment

1. Civil-guard forces, grassroots fire brigades, and specialized fire brigades shall, based on their functions, tasks, requirements for rescue and salvage work and nature and characteristics of the area, propose heads of agencies, organizations, establishments and local government authorities to issue rules and emergency evacuation diagrams for rescue, specifically as follows:

a) Rules for rescue and salvage operations, including prohibited acts; responses to incidents and accidents; maintenance and use of equipment, vehicles and tools for rescue and salvage operations;

b) An emergency evacuation diagram, including internal road systems, emergency exits and refuge when necessary.

2. Rescue and salvage signboards and instruction boards, including signboards of accident-prone areas and locations; instruction boards for rescue and salvages; Signboards at areas only for the rescue and salvage forces.

The Police Department of Fire Prevention and Fighting and Rescue shall provide guidance on the model of signboards and instruction boards in rescue and salvage work.

3. Rules, diagrams, signboards and instruction boards on rescue and salvage must be disseminated and posted in such a place that everyone can see and follows such instruction. 

Article 6. Inspection of conditions for ensuring rescue and salvage safety of fire fighting, rescue and salvage police

1. The Fire Fighting, Rescue and Salvage Police agencies shall inspect the conditions for ensuring safety in rescue and salvage operations in accordance with Clause 2, Article 12 of the Decree No. 83/2017/ ND-CP.

With regard to establishments, the inspection of conditions for ensuring safety in rescue and salvage operations shall be carried out in conjunction with inspection of safety in fire prevention and fighting; With regard to other cases, the inspection of conditions for ensuring safety in rescue and salvage operations shall be carried out in accordance with the law provisions.

2. Responsibilities for periodic and ad-hoc inspection

a) The person in charge of periodic inspection must notify the inspection time, contents and composition of the inspection delegation to the to-be-inspected entity at least 3 working days before the inspection;

b) The person in charge of ad-hoc inspection must clearly notify the inspection reason to the to-be-inspected entity. Officers of the Fire Fighting, Rescue and Salvage Police must present the letter of recommendation of the supervisory authority when carrying out the ad-hoc inspection;

c) The to-be-inspected entity must fully prepare the notified inspection contents and assign the competent and responsible person to cooperate with the person in charge of the inspection.

3. The inspection of conditions for ensuring safety in rescue and salvage operations must be recorded in writing according to the Form No. 03 issued together with the Decree No. 83/2017/ND-CP.

Article 7. Programs and contents of rescue and salvage training and coaching for civil-guard forces, grassroots fire brigades, and specialized fire brigades

1. The program of a rescue and salvage training and coaching course shall include the following mandatory contents:

a) General issues concerning rescue and salvage operations of civil-guard forces, grassroots fire brigades, and specialized fire brigades;

b) Thematic training and coaching in rescue and salvage operations according to the situations specified in Clause 1, Article 5 of the Decree No. 83/2017/ND-CP;

c) Features, effects and usage of common equipment, vehicles and tools used in rescue and salvage;

d) Intensive training according to particular characteristics of the trainee;

dd) First aid techniques;

e) Final examination.

2. The contents of a rescue and salvage training and coaching course shall contain the following mandatory themes:

a) Legal knowledge on rescue and salvage, including the Decree No. 83/2017/ND-CP and guiding documents, other relevant legal documents;

b) Rescue methods, measures, techniques and tactics for a number of situations as specified in Clause 1, Article 5 of the Decree No. 83/2017/ND-CP.

3. The Police Department of Fire Prevention and Fighting and Rescue shall prepare documents for training and coaching in rescue and salvage operations suitable to the trainee specified in Clause 1, Article 11 of the Decree No. 83/2017/ND-CP.

4. The form "Certificate of training in fire prevention and fighting, rescue and salvage" shall be printed out and issued by the Police Department of Fire Prevention and Fighting and Rescue.

Article 8. Programs, contents, and duration of training and coaching in rescue and salvage operations for fire fighting, rescue and salvage police forces

1. The program of a rescue and salvage training and coaching course shall include the following mandatory contents:

a) General issues concerning rescue and salvage operations of the fire fighting, rescue and salvage forces as specified in the Decree No. 83/2017/ND-CP;

b) Thematic and intensive training and coaching in rescue and salvage operations according to the situations specified in Clause 1, Article 5 of the Decree No. 83/2017/ND-CP;

c) Features, effects, usage and application of equipment, vehicles and tools used in rescue and salvage;

d) Intensive training according to particular characteristics of the trainee;

dd) First aid techniques;

e) Final examination.

2. The contents of a rescue and salvage training and coaching course shall contain the following mandatory themes:

a) Legal knowledge on rescue and salvage operations, including the Decree No. 83/2017/ND-CP and guiding documents, other relevant legal documents;

b) State management in rescue and salvage;

c) Rescue methods, measures, techniques and tactics for the situations as specified in Clause 1, Article 5 of the Decree No. 83/2017/ND-CP;

d) Other contents at the request of competent authorities.

3. Duration for training and coaching in rescue and salvage operations:

On an annual basis, the fire fighting, rescue and salvage police forces shall be trained and coached in rescue and salvage operations, specifically as follows:

a) With regard to division-level leaders: 200 hours;

b) With regard to commanders of rescue and salvage police teams: 300 hours;

c) With regard to leaders and deputy leaders, and members of rescue and salvage police groups: 400 hours.

Article 9. Records on management and monitoring of rescue and salvage operations by establishments and other entities as prescribed by law

1. Records on management and monitoring of rescue and salvage operations shall include:

a) Regulations, rules, procedures and documents for direction and guidance on rescue and salvage;

b) Plans for layout of technologies, technical systems and supplies likely to cause accidents of the establishment and plans for layout of accident-prone areas;

c) Decisions on establishment of civil-guard teams, grassroots fire brigades, and specialized fire brigades; list of people assigned to perform rescue and salvage tasks;

d) Approved rescue and salvage plans of establishments and reports on results of practicing such rescue and salvage plans;

dd) Minutes of inspection on fire prevention and fighting, rescue and salvage; written proposals, recommendations on rescue and salvage operations;

e) Books monitoring the propaganda, training and coaching in rescue and salvage operations; rescue and salvage activities of civil-guard teams, grassroots fire brigades, and specialized fire brigades; logbooks of rescue vehicles;

g) Statistics and reports on rescue and salvage operations; records of incidents and accidents, and other relevant documents (if any).

2. Records on management and monitoring of rescue and salvage operations for establishments shall be made in conjunction with records on management and monitoring on fire prevention and fighting.

Article 10. Statistics and reports on rescue and salvage operations

1. Statistics on rescue and salvage operations, including:

a) Number of inspections, propaganda, training and coaching in rescue and salvage operations, and handling of violations in fire prevention and fighting and rescue;

b) List of officers and members of civil-guard teams, members of grassroots fire brigades, and members of specialized fire brigades;

c) Statistics on vehicles and tools used in rescue and salvage;

d) Statistics on duration of learning and practicing rescue and salvage plans, number of rescue and salvage cases, rescue and salvage operations and other issues related to rescue and salvage activities;

dd) Quantity of participants in the training courses in rescue and salvage operations by officers and members of civil-guard teams, members of grassroots fire brigades, and members of specialized fire brigades.

2. Reports on rescue and salvage operations, including:

a) Reports on incidents or accidents;

b) Periodic reports on rescue and salvage operations (every 6 months or every year);

c) Summary reports on rescue and salvage operations.

3. Statistics and reports on rescue and salvage operations shall be prepared in conjunction with statistics and reports on fire prevention and fighting. Periodic statistics and reports on rescue and salvage operations must be sent to the superior supervisory agencies or organizations. In cases where there are changes related to the safety assurance of incident and accident prevention in agency or organization, such agency or organization shall timely notify those changes to its supervisory police agency of fire prevention and fighting and rescue.

Article 11. Coordination among rescue and salvage forces

1. Responsibilities for coordination in incident and accident handling of forces in the People's Public Security

a) When being asked for cooperation in dealing with incidents and accidents, the mobile police forces shall immediately send forces and vehicles to the emergency scene for the purpose of protecting the rescue zone and perform other tasks as required by the commander of rescue and salvage operation;

b) The traffic police forces shall immediately send forces and vehicles to the emergency scene to perform tasks as prescribed if receiving information on vehicles in accidents.  In cases where the incident and accident is considered a fundamental situation in rescue and salvage operations by fire prevention and fighting forces, it shall be promptly notified to the fire prevention and fighting forces for handling and performing tasks as required by the commander of the rescue and salvage operations;

c) Other police forces shall promptly arrive at the emergency scene to perform rescue and salvage operations and notify the emergency situation to the fire fighting, rescue and salvage police forces for timely response and perform other tasks as required by the commander of rescue and salvage operations if receiving information on incidents or accidents arising within the localities under their management.

2. When the fire prevention and fighting forces arrive at the scene where the victim can only be taken to the safe place by using medical methods, they must promptly notify the situation to the nearest medical establishment which has eligibility for medical treatment in accordance with medical regulations.

Article 12. Rescue and salvage uniforms of civil-guard forces, grassroots fire brigades, and specialized fire brigades

Rescue and salvage uniforms of civil-guard forces, grassroots fire brigades, and specialized fire brigades are the fire fighting costume in accordance with regulations issued by the Minister of Public Security on fire fighting costume of civil-guard forces, grassroots fire brigades, and specialized fire brigades.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 13. Pennants, signboards and bands used in rescue and salvage operations

1. Specifications of pennants, signboards and bands used in rescue and salvage operations are issued together with this Circular, including:

a) Specification of pennants used in rescue operations, and pennants of the commanding committees of rescue operations (Appendix 1);

b) Specification of rescue and salvage command bands (Appendix 2);

c) Specification of rescue and salvage zone-separating signboards and barricade tapes (Appendix 3);

d) Specification of rescue zone signboards (Appendix 4);

2. Funding for producing pennants, signboards and bands used in rescue and salvage operations shall be allocated from the funding source for recurrent expenditure of the Ministry of Public Security provided to the Police Department of Fire Prevention and Fighting and Rescue, and local police agencies.

3. Agencies and organization shall self-finance the production of signboards and tapes indicating the boundary of rescue zone and signboards at the rescue zone used in the rescue operation as prescribed at Points c and d, Clause 1 of this Article without asking for funding from the state budget.

Article 14. Effect

1. This Circular takes effect from April 25, 2018 and replaces the Circular No. 65/2013/TT-BCA dated November 26, 2013 of the Minister of Public Security detailing a number of article of the Prime Minister’s Decision No. 44/2012/QD-TTg dated October 15, 2012.

2. Certificate of training in fire prevention and fighting, minutes of inspection on fire prevention and fighting as specified in the Circular No. 66/2014/TT-BCA dated December 16, 2014 of the Minister of Public Security, detailing a number of articles of the Decree No. 79/2014/ND-CP dated July 31, 2014, detailing a number of articles of the Law on Fire Prevention and Fighting and the Law Amending and Supplementing a Number of Articles of the Law on Fire Prevention and Fighting shall comply with Points b and c, Clause 1, Article 43 of the Decree No. 83/2017/ND-CP.

Article 15. Responsibilities for implementation

1. The Director of the Police Department of Fire Prevention and Fighting and Rescue shall be responsible for guiding, directing and inspecting the implementation of this Circular.

2. Local police agencies and relevant organizations and individuals shall be responsible for the implementation of this Circular.

Any difficulties arising during the implementation of this Circular shall be promptly reported to the Ministry of Public Security (via the Police Department of Fire Prevention and Fighting and Rescue) for timely instruction.

The Minister of Public Security

TO LAM