Circular 150/2020/TT-BCA prescribing the provision of fire prevention and fighting as well as rescue and salvage equipment for civil-guard forces, grassroots fire brigades and specialized fire brigades

CIRCULAR

PRESCRIBING THE PROVISION OF FIRE PREVENTION AND FIGHTING AS WELL AS RESCUE AND SALVAGE EQUIPMENT FOR CIVIL-GUARD FORCES, GRASSROOTS FIRE BRIGADES AND SPECIALIZED FIRE BRIGADES

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Pursuant to the Law on Fire Prevention and Fighting dated June 29, 2001; the Law dated November 22, 2013 Amending and Supplementing a Number of Articles of Law on Fire Prevention and Fighting;

Pursuant to Decree No. 83/2017/ND-CP dated July 18, 2017 of the Government on rescue and salvage activities of fire brigades;

Pursuant to Decree No. 01/2018/ND-CP dated August 6, 2018 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Public Security:

Pursuant to Decree No. 136/2020/ND-CP dated November 24, 2020 of the Government detailing a number of articles and measures to implement 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;

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

The Minister of Public Security hereby promulgates the Circular prescribing the provision of fire prevention and fighting as well as rescue and salvage equipment for civil-guard forces, grassroots fire brigades and specialized fire brigades.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular prescribes the lists and quantity of, and funding for the provision of fire prevention and fighting, rescue and salvage equipment for civil-guard forces, grassroots fire brigades, and specialized fire brigades, and the responsibilities of agencies, organizations and individuals related thereto.

Article 2. Subjects of application

This Circular applies to:

1. Civil-guard forces;

2. The grassroots fire brigades;

3. Specialized fire brigades;

4. Police agencies and local police units;

5. Agencies, organizations and individuals involved in the provision of fire prevention and fighting, rescue and salvage equipment for the civil-guard forces, grassroots fire brigades, and specialized fire brigades.

Article 3. Principles of providing fire prevention and fighting, rescue and salvage equipment for the civil-guard forces, grassroots fire brigades, and specialized fire brigades.

1. To comply with the provisions of this Circular and relevant laws.

2. To ensure the quality and efficiency of fire prevention and fighting, rescue and salvage activities of the civil-guard forces, grassroots fire brigades, and specialized fire brigades.

3. To ensure the appropriate standards, purposes and users.

4. To be suitable to the local budgets and the establishments’ ability to cover the funding thereof.

Chapter II

PROVIDING FIRE PREVENTION AND FIGHTING AS WELL AS RESCUE AND SALVAGE EQUIPMENT FOR CIVIL-GUARD FORCES, GRASSROOTS FIRE BRIGADES AND SPECIALIZED FIRE BRIGADES

Article 4. The list and quantity of fire prevention and fighting, rescue and salvage equipment provided for the civil-guard forces

1. The list and quantity of fire prevention and fighting, rescue and salvage equipment provided for 01 civil-guard team are specified in Appendix 1 to this Circular.

2. Depending on the nature and characteristics of geography, production and business activities, customs, and the requirements for fire prevention and fighting, rescue and salvage in each commune-level area under their scope of management and the local budget’s possibility to cover the funding thereof, a civil-guard team may be provided with other necessary fire prevention and fighting, rescue and salvage equipment as specified in Appendix VI issued with Decree No. 136/2020/ND-CP dated November 24, 2020 of the Government detailing a number of articles and measures to implement 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 (hereinafter abbreviated as Decree No. 136/2020/ND-CP).

3. Based on the list and quantity of fire prevention and fighting, rescue and salvage equipment to be provided for the civil-guard forces specified in Appendix I to this Circular and the practical requirements for fire prevention and fighting, rescue and salvage in each commune-level area under their scope of management, the police agency shall advise the People's Committee of the same level to suggest the People's Council of the same level to consider and decide on the quantity of fire prevention and fighting, rescue and salvage equipment to be provided for local civil-guard team in accordance with regulations, and consider and decide on the provision of other necessary fire prevention and fighting, rescue and salvage equipment other than those specified herein.

Article 5. Lists and quantity of fire prevention and fighting, rescue and salvage equipment provided for grassroots fire brigades, specialized fire brigades

1. The lists and quantity of fire prevention and fighting, rescue and salvage equipment provided for the grassroots fire brigades and specialized fire brigades are specified in Appendix II and Appendix III to this Circular. The provision of the equipment specified in Sections 3, 4, 5 and 6 of Appendix II and Appendix III shall be based on the number of a brigade members, but not less than the prescribed number, and suitable to the characteristics and nature of fire and explosion danger at the establishments.

2. In case the establishments are allowed to use motor vehicles specifically for firefighting, rescue and salvage, the type and quantity of fire prevention and fighting, rescue and salvage equipment to be installed on such vehicles shall comply with current regulations and standards.

3. Heads of agencies or organizations directly managing the establishments shall base themselves on the nature and characteristics of operations, production and business activities, and the requirements for fire prevention and fighting, rescue and salvage of the establishments to consider and decide on the quantity of fire prevention and fighting, rescue and salvage equipment to be provided for the grassroots fire brigades and specialized fire brigades, ensuring its compliance with the provisions in Appendix II and Appendix III to this Circular, and consider and decide on the provision of fire prevention and fighting, rescue and salvage equipment for specific positions of a grassroots fire brigade or specialized fire brigade when it is performing fire prevention and fighting, rescue and salvage missions.

4. In addition to the list of fire prevention and fighting, rescue and salvage equipment provided for the grassroots fire brigades and specialized fire brigades specified in Appendices II and III to this Circular, based on the nature and level of fire and explosion danger at the establishment and its ability to cover the funding thereof, the head of the agency or organization directly managing such establishment may decide to provide grassroots fire brigades and specialized fire brigades within the scope of its management with other necessary fire prevention and fighting, rescue and salvage equipment as specified in Appendix VI to Decree No. 136/2020/ND-CP.

Article 6. Funding for the provision of fire prevention and fighting, rescue and salvage equipment for the civil-guard forces, grassroots fire brigades, and specialized fire brigades

1. Funding for the provision of fire prevention and fighting, rescue and salvage equipment for the civil-guard forces shall comply with Points b and c, Clause 4, Article 48 of Decree No. 136/2020/ND-CP; Point c, Clause 1, Article 29 and Clause 2, Article 42 of Decree No. 83/2017/ND-CP dated July 18, 2017 of the Government on rescue and salvage activities of fire brigades.

2. Heads of agencies and organizations directly managing the establishments shall ensure the funding for the provision of fire prevention and fighting, rescue and salvage equipment for the grassroots fire brigades and specialized fire brigades as prescribed in Clause 2, Article 31 of Decree No. 136/2020/ND-CP and Point b, Clause 1, Article 29 of Decree No. 83/2017/ND-CP dated July 18, 2017 of the Government on rescue and salvage activities of fire brigades.

Funding for the provision of fire prevention and fighting, rescue and salvage equipment for the grassroots fire brigades and specialized fire brigades belonging to the agencies and organizations funded by the State Budget shall be covered by the State Budget and implemented in accordance with the provisions of the Law on State Budget.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 7. Effect

1. This Circular takes effect from February 20, 2021 and replaces Circular No. 56/2014/TT-BCA dated November 12, 2014 of the Minister of Public Security prescribing the provision of fire prevention and fighting as well as rescue and salvage equipment for civil-guard forces, grassroots fire brigades and specialized fire brigades.

2. The civil-guard forces, grassroots fire brigades, and specialized fire brigades which have been provided with fire prevention and fighting, rescue and salvage equipment with the quantity equal to or higher than that specified in this Circular before the effective date thereof shall continue to use such equipment until the equipment is so damaged and must be replaced; in case they are not provided or has been provided with equipment, but the quantity of the provided equipment is lower than that specified in this Circular, this Circular shall prevail. Organizations and individuals are encouraged to invest more in fire prevention and fighting, rescue and salvage means, equipment so as to promote the participation of the society in fire prevention and fighting.

Article 8. Responsibilities for implementation

1. The Director of the Police Department for Fire and Rescue shall direct, urge his subordinates to implement this Circular and inspect the implementation thereof.

2. Provincial-level police departments shall:

a) Guide, inspect and periodically report to the Ministry of Public Security at the end of November (through the Police Department for Fire and Rescue) the implementation of regulations on provision of fire prevention and fighting, rescue and salvage equipment for the civil-guard forces, grassroots fire brigades and specialized fire brigades.

b) Summarize proposals and recommendations to amend and supplement the lists and quantity of fire prevention and fighting, rescue and salvage equipment provided for the civil-guard forces, grassroots fire brigades, and specialized fire brigades, then report them to the Ministry of Public Security (through the Police Department for Fire and Rescue).

c) Advise the People's Committees of the same level to promulgate regulations on management and use of fire prevention and fighting, rescue and salvage equipment for the civil-guard forces in the area under their scope of management, covering the following contents: Principles of equipment management and use; responsibilities of the commune-level People's Committees and the civil-guard forces which are provided with and use the equipment; requirements for and responsibilities of officers and civil-guard members assigned to use the equipment; requirements for and responsibilities of persons assigned to manage the warehouses or the places to preserve the equipment; positions of the civil-guard forces who are allowed to use the equipment and types of equipment they are provided with and allowed to use; other relevant contents.

3. Heads of units under the Ministry of Public Security, directors of provincial-level police departments, relevant organizations and individuals shall be responsible for implementing this Circular.

During the implementation of this Circular, if there are any difficulties or problems, police agencies, local police units, local authorities, agencies, related organizations and individuals shall report to the Ministry of Public Security (via the Fire and Rescue Police Department) for timely instructions./.

APPENDIX I

THE LIST AND QUANTITY OF FIRE PREVENTION AND FIGHTING, RESCUE AND SALVAGE EQUIPMENT PROVIDED FOR 01 CIVIL-GUARD TEAM
(Issued together with Circular No. 150/2020/TT-BCA dated December 31, 2020 of the Ministry of Public Security)

APPENDIX II

THE LIST AND QUANTITY OF FIRE PREVENTION AND FIGHTING, RESCUE AND SALVAGE EQUIPMENT PROVIDED FOR
01 GRASSROOTS FIRE BRIGADE
(Issued together with Circular No. 150/2020/TT-BCA, dated December 31, 2020 of the Minister of Public Security)