Law on Fire Prevention and Fighting, Rescue and Salvage, 55/2024/QH15

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LuatVietnam.vn is the SOLE distributor of English translations of Official Gazette published by the Vietnam News Agency
Effect status: Known

 

THE NATIONAL ASSEMBLY

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 55/2024/QH15

 

 

LAW

ON FIRE PREVENTION AND FIGHTING, RESCUE AND SALVAGE[1]

 

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Fire Prevention and Fighting, Rescue and Salvage.

 

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law prescribes fire prevention and fighting, rescue and salvage; forces, means, assurance of operating conditions, and the rights, obligations and responsibilities of related agencies, organizations, households and individuals in fire prevention and fighting, rescue and salvage activities.

Article 2. Interpretation of terms

In this Law, the terms below are construed as follows:

1. Fire means a chemical reaction that releases heat, emits light or smoke, causing or likely to cause damage to people and property of agencies, organizations and individuals, affecting the economy, environment, security and order.

2. Fire prevention means a combination of activities, measures and solutions to limit and eliminate causes, conditions and risks of fire to ensure safety and minimize damage caused by fire.

3. Firefighting means a combination of activities to prevent fire from spreading, extinguish fires and other activities to minimize damage caused by fire.

4. Accidents, incidents means the situations specified at Point b, Clause 1, Article 32 of this Law that cause or are likely to cause damage to people and property of agencies, organizations and individuals that need rescue and salvage.

5. Rescue means activities of saving people from dangers that threaten their lives and health in fires, accidents and incidents, and activities of searching for victims.

6. Salvage means activities of saving means and assets from dangers in fires, accidents and incidents.

7. Facilities subject to fire prevention and fighting management (below referred to as facilities) means houses, construction works, and premises used for residential, production, business, commercial, work, or other purposes, built and operating in accordance with law, and on the list prescribed by the Government. An agency or organization may have one or more facility(ies); a facility may have one or more agency(ies) and/or organization(s).

8. Fire and explosion-prone facilities means facilities with a high risk of fire and explosion on the list prescribed by the Government.

9. Fire and explosion-prone goods means goods containing substances and items at risk of fire or explosion in gaseous, liquid or solid form, which, when managed, transported or used, are likely to cause fire or explosion, endangering human life and health, causing property damage, affecting the environment, security and order, and are on the list prescribed by the Government.

10. Means of transport subject to fire prevention and fighting safety requirements (below referred to as means of transport) means road motor vehicles, rolling stocks, inland waterway craft, and seagoing vessels manufactured, assembled, newly built, or converted to transport passengers or fire and explosion-prone goods; for road motor vehicles transporting passengers, they must have more than 8 seats (excluding the driver’s seat).

11. Head of a facility means the person responsible before law for organizing the implementation and maintaining safety conditions for fire prevention and fighting, rescue and salvage at the facility, who is the legal representative of the facility or the person assigned to directly manage the facility; the head of the household directly using the housing, for housing that is a facility falling into the cases specified in Clause 7 of this Article.

12. Civil defense force means a force established by local administrations to perform the tasks of fire prevention and fighting, rescue and salvage in villages and hamlets (below referred collectively to as villages), residential groups, street quarters, street blocks, and sub-areas (below collectively referred to as residential groups).

13. Grassroots fire prevention and fighting, rescue and salvage force means a part-time force established by the head of a facility to perform the tasks of fire prevention and fighting, rescue and salvage at the facility.

14. Specialized fire prevention and fighting, rescue and salvage force means a full-time or part-time force established by the head of a facility to perform fire prevention and fighting, rescue and salvage tasks at certain fire and explosion-prone facilities.

15. Firefighting area means an area delimited within a certain scope, where firefighting activities are carried out by functional forces in accordance with law.

16. Rescue and salvage area means an area limited within a certain scope, where rescue and salvage activities are carried out by functional forces in accordance with law.

17. Fire prevention and fighting design appraisal means the review and assessment of compliance with legal provisions, standards and technical regulations applied to fire prevention and fighting designs in work construction investment projects, works, and means of transport.

18. Fire prevention and fighting acceptance testing means the inspection and comparison of the actual construction of work construction investment projects, works, and means of transport with the approved design documents.

19. Fire prevention and fighting acceptance testing inspection means the inspection of the results of fire prevention and fighting acceptance testing for work construction investment projects, works, and means of transport by a competent specialized management agency.

20. Database on fire prevention and fighting, rescue and salvage means a specialized database to serve the state management of fire prevention and fighting, rescue and salvage and other purposes, which is connected and shared with the National General Database and other relevant databases.

21. Specialized management agency means an agency that performs state management functions in a certain field related to fire prevention and fighting, including public security agencies, specialized agencies in charge of construction, and registry agencies.

22. Fire prevention and firefighting infrastructure includes a network of offices, barracks, construction works, water supply systems, traffic systems and communication systems serving fire prevention and fighting.

Article 3. Application of the law on fire prevention and fighting, rescue and salvage

1. Fire prevention and fighting, rescue and salvage activities in the territory of the Socialist Republic of Vietnam shall be carried out in accordance with this Law and other relevant laws.

2. Forest fire prevention and fighting activities and responsibilities must comply with the law on forestry.

3. In case a state of emergency or civil defense level has been declared for an incident, a catastrophe, a disaster or an epidemic, rescue and salvage activities shall be carried out in accordance with the law on the state of emergency, the law on civil defense, this Law and other relevant laws.

Article 4. The State’s policies on fire prevention and fighting, rescue and salvage

1. Ensuring state budget, facilities, materials, means, modern equipment, human resources, benefits, policies, and operating conditions for the Fire Prevention and Fighting, Rescue and Salvage Police force; building a regular, elite, and modern Fire Prevention and Fighting, Rescue and Salvage Police force that meets the requirements of fire prevention and fighting, rescue and salvage in all situations.

2. Mobilizing and using resources for fire prevention and fighting, rescue and salvage activities. Investing in and building a fire prevention and fighting, rescue and salvage database and fire alarm transmission system to ensure connection and data sharing in localities where fire prevention and fighting, rescue and salvage police units are located.

3. Training, further training, and ensuring human resources directly performing fire prevention and fighting, rescue and salvage tasks and human resources performing fire prevention and fighting design appraisal and acceptance testing inspection.

4. Arranging forces and means of fire prevention and fighting, rescue and salvage suitable for each grassroots locality; encouraging agencies, organizations and individuals to build, participate in and maintain safety models of fire prevention and fighting, rescue and salvage in the community.

5. Encouraging and creating conditions for agencies, organizations and individuals to research, apply science and transfer technology in fire prevention and fighting, rescue and salvage activities, invest in, build and transfer systems, means and equipment serving fire prevention and fighting, rescue and salvage activities.

6. Agencies, organizations and individuals that coordinate, collaborate, support and assist state agencies in carrying out fire prevention and fighting, rescue and salvage activities are entitled to the law-prescribed benefits and policies based on the nature and level of their contribution.

Article 5. Principles of fire prevention and fighting, rescue and salvage

1. Compliance with the Constitution and law of Vietnam and treaties to which the Socialist Republic of Vietnam is a contracting party. In case there is no treaty between Vietnam and a foreign country, fire prevention and fighting, rescue and salvage activities shall be carried out on the principle of reciprocity or foreign affairs requirements that are not contrary to Vietnam’s law, and are compliant with international law and practices.

2. Mobilization of the combined strength of the entire population to participate in fire prevention and fighting, rescue and salvage activities; promotion of the core role of the fire prevention and fighting, rescue and salvage force.

3. Proactive prevention, regarding prevention as the key; prompt detection of loopholes and shortcomings in fire prevention and fighting and application of remedial measures; determination of fire, accident and incident prevention as a regular task.

4. Preparation of forces, means, plans and necessary conditions to promptly fight fires and carry out rescue and salvage activities.

5. Unified command, operation, promotion of the role of on-site forces, means and logistics upon occurrence of fires, accidents and incidents; prioritization of people and property saving; prioritization of all water sources and fire extinguishing agents for firefighting.

6. Application of modern science and technology in fire prevention and fighting, rescue and salvage activities.

7. Prompt detection and prevention and strict handling of all violations of the law on fire prevention and fighting, rescue and salvage in accordance with law.

8. Ensuring humanity, fairness, and gender equality in fire prevention and fighting, rescue and salvage activities.

Article 6. Reporting of fires and rescue and salvage situations

1. A person who discovers a fire or rescue and salvage situation shall immediately report it to the fire prevention and fighting, rescue and salvage force, the public security agency, or the nearest commune-level People’s Committee.

2. Fire alarms and rescue and salvage situation reports shall be made by command orders, telephone or signals from fire alarm transmission equipment or directly to the agencies and forces specified in Clause 1 of this Article.

The telephone number nationwide for fire alarms and rescue and salvage situation reports is 114.

3. Upon receiving reports, fire prevention and fighting, rescue and salvage forces, Public Security agencies or commune-level People’s Committees shall immediately inform the competent Fire Prevention and Fighting, Rescue and Salvage Police force for settlement.

Article 7. State management responsibilities for fire prevention and fighting, rescue and salvage

1. The Government shall perform the unified state management of fire prevention and fighting, rescue and salvage.

2. The Ministry of Public Security shall act as the focal-point agency to assist the Government in unifying the state management of fire prevention and fighting, rescue and salvage.

3. The Ministry of National Defense, ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, coordinate with the Ministry of Public Security in performing the state management of fire prevention and fighting, rescue and salvage.

4. People’s Committees at all levels shall perform the state management of fire prevention and fighting, rescue and salvage in localities. In districts where there is no commune-level administrative unit, the district-level People’s Committees shall perform the tasks and powers of the commune-level People’s Committees in accordance with this Law.

Article 8. Responsibilities of agencies, organizations, households and individuals in fire prevention and fighting, rescue and salvage activities

1. Fire prevention and fighting, rescue and salvage are the responsibilities of agencies, organizations, households and individuals operating and living in the territory of the Socialist Republic of Vietnam.

2. Citizens aged 18 years or older and in good health shall participate in the grassroots fire prevention and fighting, rescue and salvage teams, the specialized fire prevention and fighting, rescue and salvage teams or the civil defense teams when requested.

3. The head of a facility has the following responsibilities:

a/ To organize dissemination and education of knowledge and laws on fire prevention and fighting, rescue and salvage; to organize training and further training of fire prevention and fighting, rescue and salvage skills for people under his/her management;

b/ To establish, and maintain the operation of, the grassroots fire prevention and fighting, rescue and salvage team or the specialized fire prevention and fighting, rescue and salvage team according to Article 37 of this Law or assign people under his/her management to perform fire prevention and fighting, rescue and salvage tasks;

c/ To issue or advise competent persons to issue internal regulations on fire prevention and fighting, rescue and salvage;

d/ To organize implementation, inspect, urge and supervise agencies, organizations and individuals under their management on the implementation of regulations, internal rules, measures, requirements and maintenance of safety conditions on fire prevention and fighting, rescue and salvage;

dd/ To develop and organize fire prevention and fighting, rescue and salvage drills in accordance with law;

e/ To decide or propose competent persons to decide on the equipment and maintenance of the functions of fire prevention and fighting, rescue and salvage equipment; to organize firefighting, rescue and salvage; to remedy the consequences caused by fires, accidents and incidents;

g/ To compile and manage records on fire prevention and fighting, rescue and salvage within the scope of his/her management; to declare and update data on fire prevention and fighting;

h/ To perform other tasks related to fire prevention and fighting, rescue and salvage as prescribed by law.

4. Vehicle owners have the following responsibilities:

a/ To organize dissemination of knowledge and laws on fire prevention and fighting, rescue and salvage; to organize training and further training of fire prevention and fighting, rescue and salvage skills for people under their management;

b/ To issue internal regulations on fire prevention and fighting, rescue and salvage;

c/ To organize implementation, inspection, urging and supervision of individuals under their management regarding the implementation of regulations, internal rules, measures, requirements and maintenance of safety conditions for fire prevention and fighting, rescue and salvage;

d/ To equip and maintain the functions of fire prevention and fighting, rescue and salvage vehicles; to organize firefighting, rescue and salvage; to remedy the consequences caused by fires, accidents and incidents;

dd/ To develop and organize fire fighting, rescue and salvage drills in accordance with law;

e/ To perform other tasks related to fire prevention and fighting, rescue and salvage in accordance with law.

5. During construction investment, manufacturing, assembly, building, and conversion of means of transport, the investment deciders, project owners, owners of construction works, owners of means of transport, agencies, organizations and individuals shall comply with the requirements on fire prevention and fighting in the application of standards and technical regulations, appraisal, construction, construction supervision, and acceptance testing of fire prevention and fighting.

6. The head of a household directly using the house who is not the head of the facility has the following responsibilities:

a/ To implement Articles 20 and 21 of this Law;

b/ To disseminate, urge and remind other family members to comply with the law on fire prevention and fighting, rescue and salvage;

c/ To regularly self-check, detect and promptly remedy risks of fire, explosion, accidents and incidents;

d/ To perform other tasks related to fire prevention and fighting, rescue and salvage in accordance with law.

7. Individuals have the following responsibilities:

a/ To comply with regulations, internal rules, measures and requirements on fire prevention and fighting, rescue and salvage of competent agencies, organizations or persons in accordance with law;

b/ To learn about fire prevention and fighting, rescue and salvage and escape skills, use of common fire prevention and fighting, rescue and salvage tools and means;

c/ To ensure safety in the use of fire sources, heat sources, fire-generating and heat-generating equipment and tools, and flammable and explosive substances;

d/ To detect and prevent direct risks of fire, explosion and violations of safety regulations on fire prevention and fighting, rescue and salvage, within the scope of permitted conditions and capabilities;

dd/ To participate in firefighting, rescue and salvage when mobilized by competent agencies and persons; when participating in firefighting, rescue and salvage, to comply with requests and decisions of firefighting commanders and rescue and salvage commanders.

8. Responsibilities for fire prevention and fighting, rescue and salvage in cases of renting, borrowing and staying at others’ houses:

a/ The person leasing, lending or allowing another person to stay at his/her house shall disseminate, urge and remind the person renting, borrowing or staying at his/her house to comply with the law on fire prevention and fighting, rescue and salvage;

b/ The person renting, borrowing or staying at another person’s house has the responsibilities prescribed in Clause 6 of this Article, unless otherwise agreed with the house owner.

In case of renting, borrowing, or staying at another person’s house combined with production and business activities, the person renting, borrowing or staying at another person’s house shall also ensure the fire prevention safety conditions prescribed in Article 21 of this Law.

9. Agencies, organizations and individuals not mentioned in Clause 3, Article 50 of this Law shall ensure funding for fire prevention and fighting, rescue and salvage activities within the scope of their management.

10. The Government shall detail Points c and g, Clause 3; Points b, Clause 4; and Clause 5, of this Article.

Article 9. Responsibility for disseminating and educating knowledge and law on fire prevention and fighting, rescue and salvage

1. The state management agencies in charge of fire prevention and fighting, rescue and salvage shall assume the prime responsibility for, and coordinate with related agencies, organizations and individuals in, disseminating and educating knowledge and law on fire prevention and fighting, rescue and salvage.

2. Information and communication agencies shall organize dissemination and education of knowledge and law on fire prevention and fighting, rescue and salvage in the mass media.

3. The Ministry of Transport shall assume the prime responsibility for, and coordinate with the Ministry of Public Security in, integrating and incorporating knowledge, laws and skills on fire prevention and fighting, rescue and salvage into driver training contents.

4. The Ministry of Education and Training and the Ministry of Labor, Invalids and Social Affairs shall, within the ambit of their tasks and powers, assume the prime responsibility for, and coordinate with the Ministry of Public Security and related ministries and ministerial-level agencies in, developing, integrating and incorporating knowledge and laws on fire prevention and fighting, rescue and salvage into the curricula and ensure implementation conditions in early childhood institutions, general education institutions, vocational education institutions and higher education institutions appropriate to each level and field of study.

5. Ministries, ministerial-level agencies, and People’s Committees at all levels shall, within the ambit of their tasks and powers, organize the dissemination, popularization, and education of knowledge and law on fire prevention and fighting, rescue and salvage, in the forms appropriate to the subjects under their management.

6. People’s armed forces units, agencies, organizations, and education institutions shall disseminate, popularize, and educate knowledge and laws, and provide guidance on fire prevention and fighting, rescue and salvage skills to the subjects under their management.

Article 10. Development and practice of firefighting, rescue and salvage plans

1. Heads of facilities and owners of means of transport specified in Clause 2, Article 22 of this Law shall organize the development and practice of firefighting, rescue and salvage plans using on-site forces and means within the scope of their management.

2. Public security agencies have the following responsibilities:

a/ To organize the development and practice of firefighting, rescue and salvage plans for fire and explosion-prone facilities;

b/ To organize the development and practice of rescue and salvage plans for accident and incident situations specified at Point b, Clause 1, Article 32 of this Law that require the mobilization of forces and means from many agencies, organizations and individuals.

3. Heads of fire and explosion-prone facilities shall coordinate with public security agencies in developing and practicing the firefighting, rescue and salvage plans specified at Point a, Clause 2 of this Article; chairpersons of the commune-level People’s Committees shall coordinate with the public security agencies in developing and practicing the rescue and salvage plans specified at Point b, Clause 2 of this Article.

4. Agencies, organizations and individuals included in the firefighting, rescue and salvage plans or rescue and salvage plans developed by the public security agencies shall arrange forces, people and means to participate in the practice of the plans.

5. Military and Border Guard agencies shall assume the prime responsibility for, and coordinate with the public security agencies in, organizing the development and practice of firefighting, rescue and salvage plans for fire and explosion-prone facilities under their management.

6. The Government shall prescribe the content and time for practicing firefighting, rescue and salvage plans and rescue and salvage plans.

Article 11. Fire prevention and fighting inspection

1. Subject to fire prevention and fighting inspection are:

a/ Facilities specified in Clause 7, Article 2 of this Law;

b/ Housing, housing combined with production and business activities;

c/ Means of transport specified in Clause 10, Article 2 of this Law;

d/ Construction works under construction.

2. Contents of fire prevention and fighting inspection:

a/ Implementation of fire prevention and fighting, rescue and salvage responsibilities of heads of facilities, household owners, and owners of means of transport according to regulations;

b/ Assurance and maintenance of fire prevention and fighting safety conditions for construction works under construction, houses, housing combined with production and business activities, means of transport, and facilities specified in Articles 19, 20, 21, 22 and 23 of this Law; implementation and maintenance of technical solutions on fire prevention and fighting for facilities specified in Clause 6, Article 55 of this Law.

3. The competence to inspect fire prevention and fighting:

a/ Heads of facilities, household owners, owners of means of transport, and project owners shall organize fire prevention and fighting inspections themselves;

b/ Commune-level People’s Committees, public security agencies, specialized agencies in charge of construction, and registry agencies shall, within the ambit of their tasks and powers, conduct fire prevention and fighting inspection in accordance with law.

4. The Government shall detail Clauses 2 and 3 of this Article; and prescribe the order and procedures for fire prevention and fighting inspection.

Article 12. National Fire Prevention and Fighting, Rescue and Salvage Day

October 4 every year is the “National Fire Prevention and Fighting, Rescue  and Salvage Day”.

Article 13. International cooperation on fire prevention and fighting, rescue and salvage

1. The State of the Socialist Republic of Vietnam shall implement international cooperation on fire prevention and fighting, rescue and salvage. International cooperation on fire prevention and fighting, rescue and salvage must adhere to the following principles:

a/ Ensuring respect for independence, sovereignty, equality, and mutual benefit; compliance with Vietnam’s law, treaties to which the Socialist Republic of Vietnam is a contracting party, and relevant international agreements on fire prevention and fighting, rescue and salvage;

b/ Creating conditions for domestic organizations and individuals, overseas Vietnamese, foreign organizations and individuals and international organizations to cooperate on fire prevention and fighting, rescue and salvage;

c/ Expanding and developing training, research, application of science and technology; coordinating in search and rescue; investing in and building infrastructure, fire prevention and fighting, rescue and salvage works;

d/ Prioritizing international cooperation activities in the fields of training, research, application of science and technology transfer; sharing experiences and coordinating in fire prevention and fighting, rescue and salvage activities.

2. Contents of international cooperation on fire prevention and fighting, rescue and salvage:

a/ Exchange of information, study, and reference of experiences on fire prevention and fighting, rescue and salvage;

b/ Support for firefighting, search and rescue;

c/ Training, coaching, drills, investment, research, application of science and technology transfer on fire prevention and fighting, rescue and salvage;

d/ Construction of infrastructure, fire prevention and fighting, rescue and salvage works;

d/ Equipment for fire prevention and fighting, rescue and salvage.

3. The Ministry of Public Security shall assume the prime responsibility for, and coordinate with related ministries and sectors in, assisting the Government in negotiating and signing treaties and international agreements or proposing competent authorities to sign treaties and international agreements on fire prevention and fighting, rescue and salvage; and assume the prime responsibility for, and coordinate with related ministries and sectors in, implementing international cooperation on fire prevention and fighting, rescue and salvage.

Article 14. Prohibited acts

1. Intentionally causing fires, explosions, accidents or incidents or instigating, inciting, or enticing others to cause fires, explosions, accidents or incidents that cause or are likely to cause damage to people or property of agencies, organizations or individuals, affecting the economy, environment, security, and order.

2. Insulting, threatening, obstructing, or opposing forces performing and people participating in fire prevention and fighting, rescue and salvage tasks.

3. Taking advantage of or abusing the performance of fire prevention and fighting, rescue and salvage tasks to commit illegal acts, harass, or infringe upon the interests of the State, or the lawful rights and interests of agencies, organizations and individuals.

4. Taking advantage of participating in firefighting, rescue and salvage to commit illegal acts, infringing upon the interests of the State or the lawful rights and interests of agencies, organizations and individuals.

5. Forging or distorting the results of fire prevention and fighting design appraisal, and results of fire prevention and fighting acceptance testing inspection.

6. Making false fire alarms; or false rescue and salvage situation reports.

7. Illegally manufacturing, stockpiling, transporting, using, buying and selling fire and explosion-prone goods, substances and items.

8. Converting or adding functions to construction works and items thereof that fail to ensure fire prevention and fighting safety prescribed by law.

9. Trading in inferior quality fire prevention and fighting, rescue and salvage equipment that does not comply with the applicable declared standards and corresponding technical regulations.

10. Appropriating, destroying, or intentionally damaging fire prevention and fighting, rescue and salvage equipment; arbitrarily changing, moving, or obscuring fire prevention and fighting, rescue and salvage equipment, signs, and directional signs that have been equipped according to regulations; obstructing escape routes; or rendering fire escape routes and exit access routes ineffective.

11. Encroaching upon or placing obstacles that hinder the operation of mechanical firefighting, rescue and salvage equipment.

 

Chapter II

FIRE PREVENTION

Article 15. Requirements on fire prevention and fighting when formulating, adjusting and approving urban and rural master plans

When formulating, adjusting and approving general master plans, zoning master plans, detailed master plans of urban areas, residential areas, cottage industry zones and functional areas according to the law on urban and rural planning, solutions and designs on fire prevention and fighting suitable for each planning level are required and prescribed as follows:

1. General master plans must include the content on development of fire prevention and fighting infrastructure;

2. Urban zoning or functional area master plans requiring the formulation of zoning master plans must include the contents on:

a/ Water sources and plans for organizing the firefighting water supply network;

b/ Traffic networks serving firefighting, rescue and salvage;

c/ Locations and scale of the headquarters of the fire prevention and fighting, rescue and salvage units in the planning area;

3. Detailed master plans of urban areas, residential areas, cottage industry zones and functional areas must include the contents on:

a/ Roads, parking lots, and open spaces to ensure the operation of fire trucks and firefighting motor vehicles;

b/ Firefighting water sources from tanks, ponds, natural lakes, artificial lakes or outdoor firefighting water supply systems;

c/ Power sources for fire prevention and fighting activities;

d/ Locations for fire prevention and fighting, rescue and salvage units, which ensure the construction area and requirements determined in the master plans specified in Clauses 1 and 2 of this Article;

4. Competent agencies prescribed by the law on urban and rural planning shall only approve general master plans, zoning master plans, and detailed master plans of urban areas, residential areas, cottage industry zones and functional areas when the requirements on fire prevention and fighting prescribed in Clauses 1, 2 and 3 of this Article are met.

5. The Government shall detail this Article.

Article 16. Requirements on fire prevention and fighting when formulating and adjusting investment projects for construction works, designing construction works, renovating, changing the functions of construction works, and manufacturing, assembling, building, and converting means of transport

1. When formulating and adjusting investment projects for construction works, designing construction works, renovating, changing the functions of construction works as prescribed in Clause 7, Article 2 of this Law and constructing makeshift works according to the law on construction, there must be solutions and designs on fire prevention and fighting suitable to the functions and characteristics of the works, ensuring the following requirements:

a/ Fire prevention and fighting distance;

b/ Roads, parking lots, open spaces serving fire prevention and fighting, rescue and salvage activities;

c/ Escape solutions;

d/ Estimated fire resistance levels, solutions to prevent fire and prevent fire from spreading;

dd/ Smoke prevention solutions;

e/ Electrical systems for fire prevention and fighting;

g/ Fire prevention and fighting means and systems.

2. When manufacturing, assembling, building or converting means of transport, there must be solutions and designs for fire prevention and fighting suitable to the nature and characteristics of the means of transport, ensuring the following requirements:

a/ Solutions to prevent fire and prevent fire from spreading;

b/ Solutions to ensure fire safety for energy supply systems, fuel and engines;

c/ Systems and equipment to detect leaks of flammable or explosive gases and liquids;

d/ Fire prevention and fighting means and systems.

Article 17. Appraisal of fire prevention and fighting designs

1. The appraisal of fire prevention and fighting designs for construction investment projects, construction works and means of transport, except makeshift works as prescribed by the law on construction, is prescribed as follows:

a/ The investment decider shall organize the appraisal of the contents specified at Points a, b, c, d and dd, Clause 1, Article 16 of this Law for the techno-economic report on construction investment, and organize the appraisal of the contents specified in Clause 1, Article 16 of this Law for the feasibility study report on construction investment which is not subject to project appraisal by a specialized agency in charge of construction as prescribed by the law on construction but is subject to appraisal of fire prevention and fighting designs;

b/ Specialized agencies in charge of construction shall organize the appraisal of the contents specified at Points a, b, c, d and dd, Clause 1, Article 16 of this Law for projects subject to appraisal of fire prevention and fighting designs when appraising the feasibility study report on construction investment and appraising construction designs implemented after the basic design in accordance with the law on construction;

c/ Registry agencies shall organize the appraisal of the contents specified at Points a, b and c, Clause 2, Article 16 of this Law when appraising designs in accordance with the regulations on registration and inspection for means of transport subject to appraisal of fire prevention and fighting designs;

d/ Public security agencies shall organize the appraisal of the contents specified at  Points e and g, Clause 1, Article 16 of this Law for techno-economic reports on construction investment and construction designs implemented after the basic design of construction works subject to appraisal of fire prevention and fighting designs; and organize the appraisal of the contents specified at Point d, Clause 2, Article 16 of this Law for means of transport subject to appraisal of fire prevention and fighting designs;

dd/ Project owners and owners of construction works shall organize the appraisal of the contents specified at Points a, b, c, d and dd, Clause 1, Article 16 of this Law for construction designs implemented after the basic design of construction works that are not subject to appraisal of construction designs implemented after the basic design at specialized agencies in charge of construction according to the law on construction but are subject to appraisal of fire prevention and fighting designs by the public security agency; and organize the appraisal of the contents specified at Points e and g, Clause 1, Article 16 of this Law for construction designs implemented after the basic design of construction works that are not subject to appraisal of fire prevention and fighting designs by the public security agency.

2. For construction works subject to fire prevention and fighting design appraisal, if the design adjustment changes one of the fire prevention and fighting requirements specified in Clause 1, Article 16 of this Law, or the use process involves changes in the functions or the renovation changes the safety conditions for fire prevention and fighting, their fire prevention and fighting designs shall be adjusted and appraised. The adjustment and appraisal of the fire prevention and fighting designs must comply with Clause 1, Article 16; and Clause 1, Article 17, of this Law.

3. Project owners, construction owners, and owners of means of transport may organize construction, renovation of construction works and items thereof, and manufacturing, assembly, building, and conversion of means of transport subject to fire prevention and fighting design appraisal only when they obtain a document appraising the fire prevention and fighting design from a specialized management agency.

4. The Government shall detail Clauses 1 and 2 of this Article; prescribe the list of construction works and means of transport subject to fire prevention and fighting design appraisal by the public security agency, specialized agency in charge of construction and registry agency; prescribe the contents, order, procedures and competence for fire prevention and fighting design appraisal; and prescribe the responsibility for coordination in fire prevention and fighting design appraisal.

Article 18. Fire prevention and fighting acceptance testing and inspection of acceptance testing work

1. Project owners, owners of construction works, and owners of means of transport shall organize the construction and acceptance testing of works and means of transport according to the appraised fire prevention and fighting designs; project owners, owners of construction works, owners of means of transport, and construction units shall ensure fire prevention and fighting safety throughout the construction process of works and means of transport under their management.

2. Project owners, owners of construction works, and owners of means of transport shall organize the fire prevention and fighting acceptance testing for construction works and means of transport according to the following provisions:

a/ Conducting fire prevention and fighting acceptance testing for each part, each stage, each item and each system, and acceptance testing of completion of construction works;

b/ For parts of construction works and parts of means of transport that are hidden, fire prevention and fighting acceptance testing shall be conducted before proceeding with the next construction steps;

c/ Deciding on the fire prevention and fighting acceptance testing for each part and each item of construction works in case such part or item of construction works is qualified for independent operation and meets fire prevention and fighting safety conditions.

3. Project owners, owners of construction works, and owners of means of transport shall be responsible before law for the results of fire prevention and fighting acceptance testing for construction works and means of transport.

4. Construction works and means of transport subject to fire prevention and fighting design appraisal after fire prevention and fighting acceptance testing is conducted shall be inspected by a specialized management agency in terms of fire prevention and fighting acceptance testing; construction works, parts and items thereof, and means of transport may only be put into operation and use after the specialized management agency approves the results of fire prevention and fighting acceptance testing.

5. Inspection of fire prevention and fighting acceptance testing is prescribed as follows:

a/ Specialized agencies in charge of construction shall organize inspection of fire prevention and fighting acceptance testing before construction works, parts and items thereof are put into use, for construction works, parts and items thereof whose fire prevention and fighting designs have been previously appraised by specialized agencies in charge of construction under Point b, Clause 1, Article 17 of this Law, and which are subject to inspection of construction quality acceptance testing in accordance with the law on construction;

b/ Registry agencies shall organize inspection of fire prevention and fighting acceptance testing for means of transport whose fire prevention and fighting designs have been previously appraised by registry agencies under Point c, Clause 1, Article 17 of this Law when inspecting and granting certificates of technical safety and environmental protection;

c/ The Public security agency shall organize the inspection of fire prevention and fighting acceptance testing for construction works, parts and items thereof, and means of transport whose fire prevention and fighting designs have been previously appraised by the public security agency under Point d, Clause 1, Article 17 of this Law.

6. The Government shall detail Clause 1 of this Article; prescribe the contents, order, procedures, and competence for inspection of fire prevention and fighting acceptance testing; and prescribe the responsibility for coordination in the inspection of fire prevention and fighting acceptance testing.

Article 19. Fire prevention for construction works during construction

1. Construction works during construction must ensure the following fire prevention and fighting safety conditions:

a/ There must be regulations on fire prevention and fighting, rescue and salvage suitable to their nature and characteristics;

b/ There must be prohibition signs, warning signs, and directional signs according to regulations;

c/ There must be fire prevention and fighting equipment or systems suitable to their nature and characteristics according to regulations on safety in construction;

d/ There must be people assigned to perform fire prevention and fighting, rescue and salvage tasks within the scope of management.

2. Project owners, owners of construction works, and construction units shall implement and maintain the fire prevention and fighting safety conditions prescribed in Clause 1 of this Article.

Article 20. Fire prevention for housing

1. Housing not of the types specified in Clauses 3 and 4 of this Article must ensure the following fire prevention safety conditions:

a/ Electrical equipment is installed and used to ensure the fire prevention safety conditions specified at Point c, Clause 1, Article 24 of this Law;

b/ Cooking stoves, places of worship, and places for burning votive papers are arranged to ensure safety; flammable or explosive objects or substances are not placed near fire or heat sources.

2. Housing not of the types specified in Clauses 3 and 4 of this Article must ensure the following firefighting and escape conditions:

a/ There must be fire prevention and fighting equipment suitable to the capacity and actual conditions, ensuring readiness for firefighting and escape;

b/ Escape routes, emergency exits, or paths are arranged to ensure escape.

3. Housing subject to technical regulations and standards cited in legal documents or in technical regulations on fire prevention and fighting, rescue and salvage must comply with such technical regulations and standards.

4. Housing on the list of facilities subject to fire prevention and fighting management must comply with Article 23 of this Law.

5. For housing in centrally run cities located in areas that do not ensure traffic infrastructure or water supply sources for firefighting according to the law and technical regulations on fire prevention and fighting activities, fire extinguishers and fire alarm transmission equipment shall be equipped. Fire alarm transmission equipment shall be connected to the fire prevention and fighting, rescue and salvage database and fire alarm transmission system according to the roadmap prescribed by the Government.

For housing located in other areas, it is encouraged to equip fire alarm transmission equipment connected to the fire prevention and fighting, rescue and salvage database and fire alarm transmission system.

The People’s Committees of the centrally run cities shall determine areas that fail to ensure traffic infrastructure or water supply sources for firefighting.

6. The Fire Prevention and Fighting, Rescue and Salvage Police force shall guide the connection of fire alarm transmission equipment to the fire prevention and fighting, rescue and salvage database and fire alarm transmission system when requested.

Article 21. Fire prevention for housing combined with production and business activities

1. Housing combined with production and business activities must ensure the following fire prevention safety conditions:

a/ The fire prevention safety conditions prescribed in Article 20 of this Law;

b/ Having prohibition signs, warning signs, and directional signs as prescribed;

c/ Having solutions to separate or prevent fire from residential areas, for areas for production and business of fire and explosion-prone goods.

2. Housing combined with production and trading of fire and explosion-prone goods must ensure the following fire prevention safety conditions:

a/ The fire prevention safety conditions specified in Clause 1 of this Article;

b/ No sleeping areas are arranged in the production and trading area;

c/ Having fire alarm equipment, ventilation solutions, and equipment to detect leaks of flammable and explosive gases suitable for the functions and characteristics of the housing;

d/ The area for production and trading of fire and explosion-prone goods must be fire-proofed from the escape route of the residential area.

Article 22. Fire prevention for means of transport

1. Road motor vehicles transporting passengers and fire and explosion-prone goods must ensure the following fire prevention safety conditions when operating on the road:

a/ Having prohibition signs, warning signs, and directional signs as prescribed;

b/ Complying with the requirements on fire prevention and fighting prescribed in Clause 2, Article 16 of this Law.

2. Rolling stocks, inland waterway craft, and seagoing vessels transporting passengers and fire and explosion-prone goods must ensure the following fire prevention safety conditions:

a/ Fire prevention safety conditions prescribed by the law on railways, the law on inland waterway navigation, or the maritime law;

b/ The conditions prescribed in Clause 1 of this Article;

c/ Vehicles subject to fire prevention and fighting design appraisal must have a document on fire prevention and fighting design appraisal, and a document approving the results of fire prevention and fighting acceptance testing by a specialized management agency;

d/ Having a fire prevention, rescue and salvage plan.

3. Manufactured, assembled, newly built, or converted vehicles subject to fire prevention and fighting design appraisal may only be granted a certificate of technical safety and environmental protection when they have a written approval of the results of fire prevention and fighting acceptance testing according to regulations.

4. Waterway craft of international organizations, and foreign organizations and individuals participating in inland waterway activities in Vietnam must meet the safety conditions for fire prevention and fighting as prescribed by Vietnam’s law.

5. Owners, captains, and operators of vehicles shall, within the scope of their management, ensure fire prevention and fighting safety during the operation of their vehicles.

Article 23. Fire prevention for facilities

1. Facilities must ensure the following fire prevention safety conditions:

a/ Having regulations on fire prevention and fighting, rescue and salvage suitable to each type of facility;

b/ Having means and systems for fire prevention and fighting, rescue and salvage as prescribed by law;

c/ Having fire alarm transmission equipment connected to the fire prevention and fighting, rescue and salvage database and fire alarm transmission system; declaring and updating data on fire prevention and fighting, rescue and salvage according to the roadmap prescribed by the Government;

d/ Implementing the requirements on fire prevention and fighting specified at Points a, b, c, d, dd and e, Clause 1, Article 16 of this Law;

dd/ Having a fire prevention and fighting, rescue and salvage plan;

e/ Establishing a fire prevention and fighting, rescue and salvage force at the facility or a specialized fire prevention and fighting, rescue and salvage force as prescribed in Article 37 of this Law, or assigning persons to perform fire prevention and fighting, rescue and salvage tasks.

2. Agencies and organizations operating within a facility must ensure the following fire prevention safety conditions:

a/ Having fire prevention and fighting, rescue and salvage regulations appropriate to the nature of the agency’s or organization’s operation;

b/ Ensuring safety in the use of fire sources, heat sources, fire-generating and heat-generating equipment and tools, and flammable and explosive substances within the scope of their management;

c/ Assigning persons to join the fire prevention and fighting, rescue and salvage force at the facility or the specialized fire prevention and fighting, rescue and salvage force as prescribed by law;

d/ Implementing and maintaining the fire prevention and fighting safety conditions within the scope of their management.

Article 24. Fire prevention in the installation and use of electricity for domestic use and production

1. In the installation and use of electricity for domestic use, the following fire prevention safety conditions must be ensured:

a/ Complying with regulations on safety in the use of electricity for domestic use in accordance with the law on electricity;

b/ When connecting electricity for domestic use, electricity retailers shall advise on the installation and use of electrical systems and equipment to ensure fire prevention safety;

c/ The installation and use of electrical wires and electrical equipment in the home must ensure electrical safety requirements prescribed by law; it is required to regularly check, promptly repair and replace electrical wires and electrical equipment that do not ensure fire prevention safety;

d/ It is only permitted to use electric vehicle charging equipment that meets national technical regulations; for the place where electric vehicle is charged in the home, it is required to have solutions to ensure fire prevention safety; for the charging area for electric vehicles in the home, it is also required to have fire prevention solutions and equip appropriate firefighting equipment up to standards.

2. In the installation and use of electricity for production, the following fire prevention safety conditions must be ensured:

a/ Complying with regulations on safety in the use of electricity for production according to the law on electricity and Points b and c, Clause 1 of this Article;

b/ Electrical equipment used in fire and explosion-prone environments must be specialized equipment as prescribed by law.

3. Organizations and individuals trading in electrical products and equipment shall consult and provide information on the quality and technical specifications of electrical products and equipment suitable for their intended use.

4. Electricity retailers shall disseminate and provide guidance on ensuring electricity safety for domestic use and production, and perform other tasks on electricity use safety in accordance with the law on electricity.

 

Chapter III

FIREFIGHTING

Article 25. Responsibilities for firefighting

1. Persons who discover fires, and agencies, organizations, households and individuals located or present near the fire scenes shall participate in firefighting within the scope of permitted conditions and capabilities.

2. Heads of agencies and organizations, village heads, heads of residential groups, and chairpersons of commune- or higher-level People’s Committees shall organize firefighting within the scope of their management; and mobilize forces, people, means and assets according to their competence to participate in firefighting at the request of firefighting commanders.

3. Health, electricity, water supply, urban environment and traffic agencies, and other related agencies, organizations and mass organizations shall coordinate in firefighting activities right after being requested by the competent fire prevention and fighting, rescue and salvage police forces or the firefighting commanders; and mobilize people and means under their management to the fire scenes to participate in and support firefighting.

4. Fire prevention and fighting, rescue and salvage forces shall, when receiving fire alarm reports in the areas under their management or receiving mobilization orders or decisions, promptly come to the fire scenes for firefighting.

5. The People’s Public Security forces shall ensure security and order in, and protect, the firefighting areas; participate in firefighting; and ensure traffic order and safety for the firefighting forces and vehicles to move as quickly as possible.

6. The People’s Committees of the localities bordering the localities where fires occur shall mobilize forces, people, vehicles and assets of agencies, organizations, households and individuals under their management to participate in firefighting when requested by the firefighting commanders.

7. The Minister of Public Security shall specify the firefighting readiness work and organization of firefighting by fire prevention and fighting, rescue and salvage police forces and other forces in the People’s Public Security forces.

8. The Minister of National Defense shall specify the responsibilities for firefighting for works, facilities, and means of transport serving military and national defense purposes under its management; and coordinate with the Ministry of Public Security in organizing firefighting for dual-use works under the Government’s regulations.

Article 26. Mobilization of forces, people, means and assets to participate in firefighting

1. Upon occurrence of fires, forces, people, means and assets of agencies, organizations, households and individuals may be mobilized for firefighting; when necessary, firefighting commanders shall request Vietnam-based diplomatic missions, consular offices and international organizations’ representative offices to arrange forces, people and means to support and assist in firefighting.

2. Agencies, organizations, households and individuals shall, when mobilized to participate in firefighting, immediately arrange forces, people, means and assets to participate in firefighting.

3. Means and assets of agencies, organizations, households and individuals mobilized to participate in firefighting shall be returned immediately after the firefighting activities are completed; any loss or damage caused by the mobilization shall be compensated.

Persons competent to decide on the mobilization shall be held responsible for the compensation. The compensation levels and payment are as those for persons whose property is requisitioned in accordance with the law on compulsory purchase and requisition of property.

4. Forces and persons mobilized for firefighting shall be given priority when using public transport.

5. The competence to mobilize forces, people, means and assets to participate in firefighting is as follows:

a/ Chairpersons of People’s Committees at all levels and heads of agencies and organizations may mobilize forces, people, means and assets of agencies, organizations, households and individuals under their management;

b/ Heads of Fire Prevention and Fighting, Rescue and Salvage Police Divisions under provincial-level Departments of Public Security may mobilize forces, people, means and assets of the fire prevention and fighting, rescue and salvage police forces under their management; the Director of the Ministry of Public Security’s Fire Prevention and Fighting, Rescue and Salvage Police Department may mobilize forces, people, means and assets of the fire prevention and fighting, rescue and salvage police forces nationwide;

c/ Directors of provincial-level Departments of Public Security and heads of district-level Divisions of Public Security may mobilize forces, people, means and assets of the People’s Public Security forces under their management; the Minister of Public Security may mobilize forces, people, means and assets of agencies, organizations, households and individuals nationwide.

6. The Government shall specify the procedures for mobilizing forces, people, means and assets for firefighting; and the mobilization of forces, people, means and assets of the Army to participate in firefighting.

Article 27. Firefighting water sources

1. Firefighting water sources shall be from fire hydrants of the centralized water supply systems, firefighting water supply systems, tanks, ponds, lakes, rivers, streams, canals or other available water sources.

2. Fire hydrants shall be arranged in the centralized water supply systems in conformity with standards and technical regulations, ensuring the requirements on water supply for firefighting. Expenses for use of water from the centralized water supply systems by the police offices for firefighting and drilling firefighting, rescue and salvage plans shall be allocated from the state budget.

3. Water supply points and stations shall be located in the areas of tanks, ponds, lakes, rivers, streams and canals in urban centers and concentrated residential areas for fire trucks and fire pumps to take water for firefighting.

4. The Government shall specify the responsibilities for investment, management, maintenance and repair of fire hydrants; investment in and management of water supply points and stations for fire trucks and fire pumps to take water for firefighting.

Article 28. Firefighting commanders

1. A person holding the highest position in the People’s Public Security forces’ unit who is assigned to command firefighting and present at the fire scene shall act as the firefighting commander.

2. In case the People’s Public Security force unit has not arrived at the fire scene:

a/ In case of fire occurrence at a facility, the head of the facility shall act as the firefighting commander; in case the head of the facility is absent, the head of the grassroots-level fire prevention and fighting, rescue and salvage team or the head of the specialized fire prevention and fighting, rescue and salvage team or an authorized person shall act as the firefighting commander;

b/ In case of fire occurrence in a moving vehicle, the vehicle commander or owner shall act as the firefighting commander; in case the vehicle commander or owner is absent, the vehicle operator shall act as the firefighting commander;

c/ In case of fire occurrence in a village or residential group that does not fall into the case specified at Point a or b of this Clause, the village head or head of the residential group shall act as the firefighting commander; in case the village head or head of the residential group is absent, the head of the civil defense team or an authorized person shall act as the firefighting commander.

3. A firefighting commander under the People’s Public Security forces shall exercise command by order and be held responsible for his/her decision and has the following rights:

a/ To use forces and means of the public security agencies under his/her management to participate in firefighting;

b/ To mobilize according to his/her competence or request a competent person to mobilize forces, people, means and assets of agencies, organizations, households and individuals to participate in firefighting in accordance with law;

c/ To determine and decide on firefighting areas, firefighting measures and the use of surrounding terrains and ground objects for firefighting;

d/ To prohibit not-on-duty people and means from entering firefighting areas;

dd/ To decide on the removal and demolition of obstacles and assets for rescue, salvage, and prevention of fire spread in accordance with law.

4. The firefighting commander specified in Clause 2 of this Article shall take responsibility for his/her decision and has the following rights:

a/ To use forces and means under his/her management to participate in firefighting;

b/ To request a competent person to mobilize forces, people, means, and assets of agencies, organizations, households and individuals to participate in firefighting in accordance with law;

c/ To decide on the removal and demolition of obstacles and assets for rescue, salvage, and prevention of fire spread in accordance with law.

Article 29. Remediation of fire consequences

1. Remediation of fire consequences includes the following activities:

a/ Immediate provision of first aid for victims; provision of relief and assistance to victims to stabilize their lives;

b/ Implementation of measures to ensure environmental hygiene, and social order and safety;

c/ Timely restoration of production, business and service activities and other activities.

2. Heads of burnt facilities, heads of the agencies or organizations with facilities suffering fire, chairpersons of People’s Committees, owners of vehicles suffering fire, and owners of houses suffering fire shall organize the implementation of Clause 1 of this Article within the scope of permitted conditions and capabilities.

Article 30. Protection of fire scenes and investigation of fire cases

1. Public security agencies shall organize the protection of fire scenes, examination of fire scenes and investigation of fire cases in accordance with law.

2. Agencies, organizations, households and individuals suffering fire shall participate in the protection of the fire scenes and provide accurate information about the fire cases to the public security agencies.

Article 31. Firefighting for headquarters of diplomatic missions, consular offices, international organizations’ representative offices and residences of staff members of these agencies

1. Vietnam’s fire prevention and fighting, rescue and salvage police forces shall, when being permitted to enter the headquarters of diplomatic missions, consular offices, international organizations’ representative offices and residences of staff members of these agencies to carry out firefighting activities, comply with treaties to which the Socialist Republic of Vietnam is a contracting party and Vietnam’s law.

2. Vietnam’s fire prevention and fighting, rescue and salvage forces shall prevent the spread of fires outside the headquarters of diplomatic missions, consular offices, international organizations’ representative offices and residences of staff members of these agencies.

 

Chapter IV

RESCUE AND SALVAGE

Article 32. Rescue and salvage situations

1. Rescue and salvage situations include:

a/ Rescue and salvage situations in fires;

b/ Rescue and salvage in accidents and incidents such as: people drowning; collapse of houses, structures and trees; accidents and incidents caused by means and equipment; landslides, rockslides; road, railway and inland waterway accidents; and other accidents and incidents when requested;

c/ Search for victims.

2. Fire prevention and fighting, rescue and salvage forces shall assume the prime responsibility for carrying out rescue and salvage activities in the situations specified in Clause 1 of this Article; coordinate with other forces in carrying out rescue and salvage activities, prevention, control and remediation of the consequences of other incidents, catastrophes, disasters and epidemics in accordance with law.

Article 33. Responsibility for rescue and salvage

1. Persons who discover rescue and salvage situations, agencies, organizations, households and individuals located or present near fire scenes or scenes of accidents or incidents shall participate in rescue and salvage within their permitted conditions and capabilities.

2. Health, electricity, water supply, urban environment and traffic agencies, and other related agencies, organizations and mass organizations shall coordinate with one another in participating in rescue and salvage immediately when requested by the competent fire prevention and fighting, rescue and salvage police forces or the rescue and salvage commanders; and mobilize people and vehicles under their management to the fire scenes or scenes of accidents or incidents to participate in and support rescue and salvage activities when mobilized.

3. When receiving reports of accidents and incidents requiring rescue and salvage or when receiving mobilization orders and decisions, fire prevention and fighting, rescue and salvage forces shall, within the scope of their management, promptly come to the scenes for carrying out rescue and salvage activities.

4. The People’s Public Security forces shall ensure security and order in, and protect, the rescue and salvage areas; participate in rescue and salvage; and ensure traffic order and safety for rescue and salvage forces and means to travel as quickly as possible.

5. Heads of agencies and organizations, and chairpersons of People’s Committees at all levels shall participate in rescue and salvage within the scope of their management.

6. The Minister of Public Security shall specify the readiness work for rescue and salvage, organize rescue and salvage activities of the fire prevention and fighting, rescue and salvage police forces and other forces under the People’s Public Security forces.

Article 34. Rescue and salvage commanders

1. Upon the occurrence of fires requiring rescue and salvage, the firefighting commanders under the People’s Public Security forces shall act as the rescue and salvage commanders.

2. Upon the occurrence of an accident or incident requiring rescue and salvage, the person holding the highest position in the People’s Public Security forces’ unit who is assigned to command rescue and salvage and present at the scene of the accident or incident shall act as the rescue and salvage commander, for the accidents and incidents specified at Point b, Clause 1, Article 32 of this Law.

3. A rescue and salvage commander specified in Clause 1 or 2 of this Article shall exercise the right to command by order, and take responsibility before law for his/her decision, and has the following rights:

a/ To use forces and means of the public security agencies under his/her management for rescue and salvage;

b/ To mobilize according to his/her competence or request a competent person to mobilize forces, people, means and assets of agencies, organizations, households and individuals to participate in rescue and salvage in accordance with law;

c/ To determine and decide on rescue and salvage areas, rescue and salvage measures, and the use of surrounding terrains and ground objects for rescue and salvage;

d/ To prohibit not-on-duty persons and means from entering the rescue and salvage areas;

dd/ To decide on the removal and demolition of obstacles and assets within the rescue and salvage areas to rescue persons and assets in accordance with law.

4. When a rescue and salvage commander of the People’s Public Security forces’ unit is not yet present at the scene of the accident or incident, the head of the facility, the village head, or the head of the residential group where the accident or incident occurs shall use the forces, people and means under his/her management to carry out rescue and salvage activities and participate in providing support for rescue and salvage activities  and remediating the consequences of the accident or incident.

Article 35. Mobilization of forces, people, means and assets for rescue and salvage activities

1. Upon occurrence of a rescue and salvage situation, the forces, people, means and assets of agencies, organizations, households and individuals may be mobilized for rescue and salvage activities; when necessary, the rescue and salvage commander shall request diplomatic missions, consular offices, and representative offices of international organizations in Vietnam to arrange forces, people and means to provide support and assistance in rescue and salvage activities.

2. Agencies, organizations, households and individuals shall, when mobilized for rescue and salvage activities, promptly arrange forces, people, means and assets to participate in such activities.

3. The means and assets of agencies, organizations, households and individuals that are mobilized for rescue and salvage activities shall be returned immediately after the rescue and salvage activities are completed; the means or assets that are lost or damaged due to the mobilization shall be compensated.

Persons competent to decide on the mobilization shall be held responsible for the compensation. The compensation level and payment are as those for persons whose property is requisitioned under the law on the compulsory purchase and requisition of property.

4. Forces and people mobilized for rescue and salvage tasks shall be given priority when using means of public transport.

5. The competence to mobilize forces, people, means and assets for rescue and salvage activities is as follows:

a/ Heads of agencies or organizations may mobilize forces, people, means and assets under their management;

b/ The Director of the Ministry of Public Security’s Fire Prevention and Fighting, Rescue and Salvage Police Department, and heads of the Fire Prevention and Fighting, Rescue and Salvage Police Divisions of provincial-level Departments of Public Security may mobilize forces and means of the Fire Prevention and Fighting, Rescue and Salvage Police forces under their management;

c/ The Minister of Public Security, directors of provincial-level Departments of Public Security and heads of district-level Divisions of Public Security may mobilize forces, people, means and assets of the people’s public security forces under their management.

6. The Government shall specify procedures for mobilizing forces, people, means and assets for rescue and salvage activities.

 

Chapter V

BUILDING AND ARRANGEMENT OF FIRE PREVENTION AND FIGHTING, RESCUE AND SALVAGE FORCES; TASKS OF FIRE PREVENTION AND FIGHTING, RESCUE AND SALVAGE FORCES

Article 36. Fire prevention and fighting, rescue and salvage forces

1. Fire Prevention and Fighting, Rescue and Salvage Police force.

2. Grassroots fire prevention and fighting, rescue and salvage forces.

3. Specialized fire prevention and fighting, rescue and salvage forces.

4. Civil defense forces.

Article 37. Establishment and management of grassroots fire prevention and fighting, rescue and salvage forces, specialized fire prevention and fighting, rescue and salvage forces and civil defense forces

1. Grassroots fire prevention and fighting, rescue and salvage forces shall be established, managed, and arranged into grassroots fire prevention and fighting, rescue and salvage teams; specialized fire prevention and fighting, rescue and salvage forces shall be established, managed, and arranged into specialized fire prevention and fighting, rescue and salvage teams.

2. Facilities that have established specialized fire prevention and fighting, rescue and salvage teams are not required to establish grassroots fire prevention and fighting, rescue and salvage teams.

3. Civil defense forces shall be established in one or more than one village or residential group in a commune-level administrative unit or in a district having no commune-level administrative units under the following regulations:

a/ They shall be arranged into civil defense teams;

b/ Based on the situation and requirements for ensuring fire prevention and fighting, rescue and salvage safety, socio-economic conditions, population size and natural area of the localities, provincial-level People’s Councils shall specify the criteria for the establishment, and the number of members of, civil defense teams in the localities under their management;

c/ Provincial-level People’s Committees shall decide on the number of to-be-established civil defense teams and the number of members of civil defense teams in villages and residential groups under their management by commune-level administrative unit;

d/ Based on decisions of provincial-level People’s Committees specified at Point c of this Clause, chairpersons of commune-level People’s Committees shall decide on the establishment of civil defense teams and individual members of civil defense teams;

dd/ Members of security and order protection teams specified in the Law on the Force Participating in the Protection of Security and Order at the Grassroots Level shall be prioritized to join civil defense teams;

e/ In villages and residential groups where heads and deputy heads of security and order protection teams have been recognized under the law on the force participating in the protection of security and order at the grassroots level, chairpersons of commune-level People’s Committees shall appoint heads and deputy heads of security and order protection teams as heads and deputy heads of civil defense teams.

4. The Government shall prescribe facilities that are required to establish grassroots fire prevention and fighting, rescue and salvage teams and facilities required to establish specialized fire prevention and fighting, rescue and salvage teams; the organization and operation of, and regimes for ensuring operating conditions for, grassroots fire prevention and fighting, rescue and salvage forces, specialized fire prevention and fighting, rescue and salvage forces and civil defense forces.

Article 38. Tasks of grassroots fire prevention and fighting, rescue and salvage forces, specialized fire prevention and fighting, rescue and salvage forces and civil defense forces

1. Grassroots fire prevention and fighting, rescue and salvage forces, specialized fire prevention and fighting, rescue and salvage forces and civil defense forces has the following tasks:

a/ To propose competent persons to issue internal regulations on fire prevention and fighting, rescue and salvage; to develop and practice fire prevention and fighting, rescue and salvage drills under their management;

b/ To carry out fire prevention and fighting, rescue and salvage activities within their assigned scope and tasks and participate in fire prevention and fighting, rescue and salvage when mobilized.

2. Grassroots fire prevention and fighting, rescue and salvage forces, specialized fire prevention and fighting, rescue and salvage forces and civil defense forces shall participate in performing the following tasks:

a/ To organize dissemination and education of knowledge, laws and skills on fire prevention and fighting, rescue and salvage for subjects under their management; to build a movement for all people to participate in fire prevention and fighting, rescue and salvage;

b/ To formulate firefighting, rescue and salvage plans; and rescue and salvage plans for public security agencies; to prepare forces, people and means to participate in the practice of the plans;

c/ To perform other tasks in accordance with law.

Article 39. Voluntary fire prevention and fighting, rescue and salvage

1. Voluntary fire prevention and fighting, rescue and salvage mean voluntary registration by an individual with the commune-level public security agency of the locality where he/she resides to regularly participate in fire prevention and fighting, rescue and salvage.

2. Individuals participating in voluntary fire prevention and fighting, rescue and salvage activities will be entitled to training and further training in fire prevention and fighting, rescue and salvage skills;

3. When necessary, fire prevention and fighting, rescue and salvage forces shall request commune-level public security agencies to mobilize voluntarily registered individuals to participate in fire prevention and fighting, rescue and salvage activities.

4. The State shall adopt policies to encourage people to register for participation in voluntary fire prevention and fighting, rescue and salvage activities.

5. The Government shall detail this Article.

Article 40. Building and arrangement of the Fire Prevention and Fighting, Rescue and Salvage Police force

1. The Fire Prevention and Fighting, Rescue and Salvage Police force under the People’s Public Security forces shall be organized, arranged and managed in an uniform manner from central to local levels under regulations of the Minister of Public Security.

2. The State shall build a regular, elite, and modern Fire Prevention and Fighting, Rescue and Salvage Police force; prioritize resources for the development of the Fire Prevention and Fighting, Rescue and Salvage Police force; and organize training and further training in fire prevention and fighting, rescue and salvage law and skills for the Fire Prevention and Fighting, Rescue and Salvage Police force, meeting the country’s socio-economic development requirements.

3. Vietnamese agencies, organizations and citizens shall participate in the building of the Fire Prevention and Fighting, Rescue and Salvage Police force.

Article 41. Tasks of the Fire Prevention and Fighting, Rescue and Salvage Police force

1. To advise and propose the Minister of Public Security to promulgate, propose competent authorities to promulgate, and organize the implementation of, strategies, policies, schemes, projects, master plans, plans and regulations on fire prevention and fighting, rescue and salvage.

2. To organize dissemination and education of knowledge and law on fire prevention and fighting, rescue and salvage; to guide the development of a movement for all people to participate in fire prevention and fighting, rescue and salvage; to provide training and further training in knowledge and skills on fire prevention and fighting, rescue and salvage.

3. To develop and practice firefighting, rescue and salvage drills and rescue and salvage plans.

4. To carry out firefighting, rescue and salvage.

5. To appraise fire prevention and fighting designs and inspect fire prevention and fighting acceptance testing within its competence.

6. To guide the building of the fire prevention and fighting, rescue and salvage force; to guide the implementation of fire prevention and fighting, rescue and salvage activities; to guide the equipping, management and use of fire prevention and fighting, rescue and salvage vehicles.

7. To organize research and application of science and technology in the field of fire prevention and fighting, rescue and salvage.

8. To collect and sum up data on fire prevention and fighting, rescue and salvage; to build, manage, exploit and operate the system of the database on fire prevention and fighting, rescue and salvage and fire alarm transmission.

9. To carry out examination and inspection, and handle violations of the law on fire prevention and fighting, rescue and salvage in accordance with law.

10. To manage the certification of standard or technical regulation conformity for fire prevention and fighting, rescue and salvage vehicles in accordance with the law on product and goods quality and the law on standards and technical regulations.

11. To conduct a number of investigation activities as specified in the criminal procedure law and the law on the organization of criminal investigation bodies.

12. To implement international cooperation on fire prevention and fighting, rescue and salvage.

13. To perform other tasks as prescribed in the law on the People’s Public Security forces and other relevant laws.

14. The Minister of Public Security shall detail this Article.

 

Chapter VI

FIRE PREVENTION AND FIGHTING, RESCUE AND SALVAGE VEHICLES

Article 42. Equipping of fire prevention and fighting, rescue and salvage vehicles for fire prevention and fighting, rescue and salvage forces

1. The State shall equip the Fire Prevention and Fighting, Rescue and Salvage Police force and other forces in the People’s Public Security forces with fire prevention and fighting, rescue and salvage vehicles and other necessary vehicles and equipment to ensure synchronicity and modernity, meeting the requirements of firefighting, rescue and salvage in all situations.

2. Heads of facilities shall decide or propose competent persons to decide on the equipping of fire prevention and fighting, rescue and salvage vehicles for grassroots fire prevention and fighting, rescue and salvage forces and specialized fire prevention and fighting, rescue and salvage forces under their management.

3. Commune-level People’s Committees shall equip civil defense forces with fire prevention and fighting, rescue and salvage vehicles.

4. The Minister of Public Security shall specify the equipping of fire prevention and fighting, rescue and salvage vehicles as specified in Clauses 2 and 3 of this Article.

Article 43. Management, use, preservation and maintenance of fire prevention and fighting, rescue and salvage vehicles

1. Fire prevention and fighting, rescue and salvage forces shall manage, use, preserve and maintain their equipped fire prevention and fighting, rescue and salvage vehicles.

2. Agencies, organizations, households and individuals shall manage, use, preserve and maintain their equipped fire prevention and fighting, rescue and salvage vehicles to be ready for fire alarms, firefighting, rescue and salvage.

3. The Minister of Public Security shall specify the management, preservation and maintenance of fire prevention and fighting, rescue and salvage vehicles.

Article 44. Manufacturing, assembly, import and circulation of fire prevention and fighting, rescue and salvage vehicles and fire-resistant materials and components

1. Domestically manufactured and assembled fire prevention and fighting, rescue and salvage vehicles and fire-resistant materials and components must, before being circulated on the market, ensure quality and conformity with the declared applicable standards and relevant technical regulations in accordance with the law on product and goods quality and the law on standards and technical regulations.

2. Imported fire prevention and fighting, rescue and salvage vehicles and fire-resistant materials and components must meet international standards, regional standards, foreign standards, or Vietnam’s standards and technical regulations. In case Vietnam and other countries or territories recognize each other’s conformity assessment results, treaties to which the Socialist Republic of Vietnam is a contracting party shall apply.

3. The Government shall specify the licensing of fire prevention and fighting, rescue and salvage vehicles and fire-resistant materials and components for circulation on the market; and the list of fire prevention and fighting, rescue and salvage vehicles and fire-resistant materials and components.

 

Chapter VII

ASSURANCE OF CONDITIONS FOR FIRE PREVENTION AND FIGHTING, RESCUE AND SALVAGE ACTIVITIES

Article 45. Training and further training in fire prevention and fighting, rescue and salvage skills

1. Subjects entitled to training and further training in fire prevention and fighting, rescue and salvage include:

a/ Chairpersons and vice chairpersons of commune-level People’s Committees;

b/ Heads of villages and heads of residential groups;

c/ Heads of facilities;

d/ Members of grassroots fire prevention and fighting, rescue and salvage teams; members of specialized fire prevention and fighting, rescue and salvage teams; and members of civil defense teams;

dd/ Persons assigned to perform fire prevention and fighting, rescue and salvage tasks at facilities; and persons assigned to inspect fire prevention and firefighting at facilities;

e/ Persons who work in fire and explosion-prone environments or regularly contact with fire and explosion-prone substances or goods;

g/ Vehicle operators and persons working on board means of transport specified in Clause 10, Article 2 of this Law;

h/ Persons who have registered to participate in voluntary fire prevention and fighting, rescue and salvage activities;

i/ Other subjects with demand.

2. The contents of training and further training in fire prevention and fighting, rescue and salvage skills cover:

a/ The law on fire prevention and fighting, rescue and salvage;

b/ Knowledge and skills on fire prevention;

c/ Knowledge and skills on firefighting;

d/ Knowledge and skills on escape and rescue;

dd/ Other contents appropriate to each subject specified in Clause 1 of this Article.

3. The Fire Prevention and Fighting, Rescue and Salvage Police force and  fire prevention and fighting, rescue and salvage training institutions shall provide training and further training in fire prevention and fighting, rescue and salvage skills.

4. The Minister of Public Security shall specify the training and further training in fire prevention and fighting, rescue and salvage skills for the Fire Prevention and Fighting, Rescue and Salvage Police force and other forces in the People’s Public Security forces.

5. The Government shall detail Clauses 2 and 3 of this Article; and specify the period of training and further training in fire prevention and fighting, rescue and salvage skills, and the regimes and policies for persons engaged in training and further training in fire prevention and fighting, rescue and salvage skills.

Article 46. Regimes and policies for persons mobilized for or engaged in fire prevention and fighting, rescue and salvage

1. Persons who are mobilized for or engaged in firefighting, rescue and salvage but do not belong to the Fire Prevention and Fighting, Rescue and Salvage force are entitled to allowances and supports when participating in firefighting, rescue and salvage activities.

2. Agencies, organizations and individuals that participate in, and coordinate, collaborate, support and assist state agencies in, performing the tasks of fire prevention and fighting, rescue and salvage are entitled to commendation for their achievements, and entitled to compensation if suffering property damage in accordance with law.

3. Persons who are mobilized for or engaged in fire prevention and fighting, rescue and salvage and suffer accident, injury or death are entitled to benefits as follows:

a/ Persons who have participated in social insurance and health insurance and fully meet the conditions for receiving insurance benefits are entitled to have benefits paid by insurance funds in accordance with law;

b/ Persons who have yet to participate in health insurance but suffer accident or injury are entitled to have part of medical examination and treatment costs paid. In case a person has yet to participate in social insurance but suffers an accident leading to working capacity reduction as determined by the Medical Assessment Council, he/she may be considered for enjoyment of allowance based on his/her working capacity reduction level; if he/she dies, his/her relatives are entitled to receive funeral allowance and burial expenses;

c/ Persons who suffer injury or death while performing their duties will be considered for enjoyment of the regimes and policies like those for war invalids or considered for recognition as martyrs, and are entitled to the rights as specified by the law on preferential treatment for persons with meritorious contributions to the revolution.

4. The Government shall detail Clauses 1 and 3 of this Article.

Article 47. Uniforms, badges, stripes and regimes and policies for the fire prevention and fighting, rescue and salvage police force

1. Officers, non-commissioned officers and soldiers of the Fire Prevention and Fighting, Rescue and Salvage Police force are equipped with uniforms, badges and stripes in accordance with the law on the People’s Public Security forces and with special-use uniforms to perform fire prevention and fighting, rescue and salvage tasks.

2. Officers, non-commissioned officers and soldiers of the Fire Prevention and Fighting, Rescue and Salvage Police force are entitled to:

a/ Regimes and policies in accordance with the law on the People’s Public Security forces;

b/ Remuneration when carrying out training and further training of fire prevention and fighting, rescue and salvage skills; practice of firefighting, rescue and salvage plans, and rescue and salvage plans; and performing firefighting, rescue and salvage tasks;

c/ Particular nutrition regime when carrying out training and practice of firefighting, rescue and salvage plans and rescue and salvage plans, and when directly engaged in firefighting, rescue and salvage activities;

d/ Regimes according to the list of extremely heavy, hazardous or dangerous occupations/jobs in accordance with law;

dd/ The regimes and policies like those for professional officers and non-commissioned officers in accordance with the law on the People’s Public Security forces, for officers and non-commissioned officers operating firefighting, rescue and salvage vehicles.

3. The Minister of Public Security shall detail Points b and c, Clause 2 of this Article.

Article 48. Compulsory fire and explosion insurance

1. Agencies, organizations and individuals shall purchase compulsory fire and explosion insurance for property of the facilities on the list of facilities required to purchase compulsory fire and explosion insurance, and comply with the law on insurance.

2. Agencies, organizations and individuals are encouraged to purchase compulsory fire and explosion insurance for property of the facilities not on the list of facilities required to purchase compulsory fire and explosion insurance.

3. The Government shall specify the list of facilities required to purchase compulsory fire and explosion insurance; deduction rates; and the management and use of revenues from compulsory fire and explosion insurance for fire prevention and fighting, rescue and salvage activities.

Article 49. Financial sources for assurance of fire prevention and fighting, rescue and salvage activities

1. Financial sources for assurance of fire prevention and fighting, rescue and salvage activities include:

a/ State budget allocations;

b/ Revenues from compulsory fire and explosion insurance that are deducted for fire prevention and fighting, rescue and salvage activities;

c/ Voluntary contributions and donations in cash and in kind from domestic agencies, organizations and individuals and foreign organizations and individuals;

d/ Support from disaster management funds in accordance with the law on disaster prevention and control, and other lawful funds;

dd/ Other lawfully mobilized financial sources in accordance with law.

2. The management and use of financial sources for assurance of fire prevention and fighting, rescue and salvage activities specified in Clause 1 of this Article must comply with the law on the state budget, the law on management and use of public property, and other relevant laws.

3. The Government shall detail Points c and d, Clause 1 of this Article.

Article 50. State budget allocations for assurance of fire prevention and fighting, rescue and salvage activities

1. The State shall ensure budget funds for investment in fire prevention and fighting, rescue and salvage activities; prioritize resource allocation in 5-year financial plans, 3-year finance-state budget plans, and annual state budget estimates for fire prevention and fighting, rescue and salvage activities; the contents on assurance of budget funds for fire prevention and fighting, rescue and salvage activities shall be included in budget spending tasks for annual defense and security of People’s Committees at all levels.

2. In case of emergency, the state budget’s contingency may be used in accordance with the law on the state budget to serve fire prevention and fighting, rescue and salvage activities.

3. The State shall allocate budget funds for the People’s Public Security forces, state agencies, non-business units, armed forces and other units receiving payments from the state budget to serve fire prevention and fighting, rescue and salvage activities in accordance with the law on the state budget.

4. State budget allocations for assurance of fire prevention and fighting, rescue and salvage activities shall be used for the following tasks:

a/ Investment, equipping, construction, repair and maintenance of fire prevention and fighting, rescue and salvage systems and vehicles;

b/ Activities of the Fire Prevention and Fighting, Rescue and Salvage Police force and civil defense forces;

c/ Organizing training, coaching and further training in fire prevention and fighting, rescue and salvage skills in accordance with law;

d/ Other fire prevention and fighting, rescue and salvage activities in accordance with law.

5. The estimation, allocation, management and use of state budget funds for fire prevention and fighting, rescue and salvage activities must comply with the law on the state budget.

6. Provincial-level People’s Committees shall formulate and submit same-level People’s Councils for approval the priority policies on investment in and mobilization of resources for investment in and construction of technical infrastructure systems for residential areas under their management that have yet to meet conditions on traffic infrastructure and water sources to serve firefighting; investment in, equipping, repair and maintenance of fire prevention and fighting, rescue and salvage systems and vehicles.

7. The Government shall detail this Article.

Article 51. Promoting investment in fire prevention and fighting, rescue and salvage activities

1. The State shall encourage domestic agencies, organizations and individuals, overseas Vietnamese, foreign organizations and individuals and international organizations to invest in, contribute to, and provide donations for, fire prevention and fighting, rescue and salvage activities.

2. Organizations and individuals engaged in domestic manufacture and assembly of fire prevention and fighting vehicles are entitled to incentives on credit, land, science and technology, and human resources in accordance with law.

Article 52. Scientific and technological activities, database on fire prevention and fighting, rescue and salvage and fire alarm transmission system

1. Scientific and technological activities in fire prevention and fighting, rescue and salvage include basic research, applied research, technology development, digital technology application, experimentation, pilot production, technology transfer, and scientific and technological services aiming to enhance the quality of fire prevention and fighting, rescue and salvage activities in accordance with law.

2. The State shall encourage domestic agencies, organizations and individuals, overseas Vietnamese, foreign organizations and individuals, and international organizations to invest in, provide donations for, and participate in, scientific and technological activities related to fire prevention and fighting, rescue and salvage.

3. Priority shall be given to the combination and application of the outcomes of domestic research projects and tasks in the field of fire prevention and fighting, rescue and salvage in production investment, technology development, and fire prevention and fighting, rescue and salvage vehicles.

4. The database on fire prevention and fighting, rescue and salvage and fire alarm transmission system shall be managed, exploited and operated by the Fire Prevention and Fighting, Rescue and Salvage Police force in accordance with law.

5. The Government shall detail Clause 4 of this Article; and specify the updating and reporting of fire prevention and fighting, rescue and salvage data.

 

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 53. To amend and supplement a number of articles of relevant laws

1. To add Point d below Point c, Clause 3, Article 10 of Law No. 33/2013/QH13 on Disaster Prevention and Control, which has a number of articles amended and supplemented under Law No. 60/2020/QH14 and Law No. 18/2023/QH15, as follows:

“d/ Fire prevention and fighting, rescue and salvage activities.”.

2. To replace the phrase “appraise and approve” specified at Point c, Clause 3, Article 56 and in Clause 4, Article 82 of Law No. 50/2014/QH13 on Construction, which has a number of articles amended and supplemented under Law No. 03/2016/QH14, Law No. 35/2018/QH14, Law No. 40/2019/QH14 and Law No. 62/2020/QH14, with the word “appraise”.

3. To amend and supplement Points c, d and dd, Clause 2, Article 33 of Law No. 39/2024/QH15 on the Capital as follows:

“c/ Construction works subject to the appraisal and approval or the approval of fire prevention and fighting designs but constructed without a certificate or a document on appraisal and approval or a document on appraisal of fire prevention and fighting designs issued by a specialized management agency;

d/ Works that are constructed at variance with the appraised and approved fire preventing and fighting designs or the approved fire preventing and fighting designs;

dd/ Construction works, construction components, construction work items and production, business and service establishments that are put into operation without a document on approval of fire prevention and fighting acceptance testing results issued by specialized management agencies.”.

Article 54. Effect

1. This Law takes effect on July 1, 2025, except the case specified in Clause 4 of this Article.

2. Law No. 27/2001/QH10 on Fire Prevention and Fighting which has a number of articles amended and supplemented under Law No. 40/2013/QH13 and Law No. 30/2023/QH15 ceases to be effective on the effective date of this Law, except the cases specified in Article 55 of this Law.

3. The National Assembly’s Resolution No. 99/2019/QH14 of November 27, 2019, on further improving, and raising the effect and efficiency of, the implementation of policies and laws on fire prevention and fighting, ceases to be effective on the effective date of this Law.

4. The equipping of fire alarm transmission equipment connected to the database on fire prevention and fighting, rescue and salvage and the fire alarm transmission system according to the roadmap specified in Clause 5, Article 20, and at Point c, Clause 1, Article 23, of this Law shall be implemented on July 1, 2027, at the latest.

Article 55. Transitional provisions

1. For dossiers of settlement of procedures related to fire prevention and fighting, rescue and salvage that have been received by competent agencies before the effective date of this Law but have yet to be completely processed by the effective date of this Law, they may continue to be settled in accordance with Law No. 27/2001/QH10 on Fire Prevention and Fighting, which has a number of articles amended and supplemented under Law No. 40/2013/QH13 and Law No. 30/2023/QH15.

2. For work construction investment projects, works and means of transport for which certificates on approval of fire prevention and fighting, rescue and salvage designs have been granted by public security agencies but fire prevention and fighting acceptance testing results have yet to be approved by the effective date of this Law, they must continue to comply with Law No. 27/2001/QH10 on Fire Prevention and Fighting, which has a number of articles amended and supplemented under Law No. 40/2013/QH13 and Law No. 30/2023/QH15.

3. Certificates of professional training in fire prevention and fighting, rescue and salvage that have been issued before the effective date of this Law remain valid until their expiration dates.

4. For agencies and organizations functioned and tasked to inspect fire prevention and fighting, rescue and salvage vehicles before the effective date of this Law, they may continue to inspect fire prevention and fighting, rescue and salvage vehicles until the deadline stated in the roadmap specified by the Government.

5. For facilities that do not meet fire prevention and fighting requirements and were put into operation before the effective date of Law No. 27/2001/QH10 on Fire Prevention and Fighting, while provincial-level People’s Councils have issued resolutions on solutions, they shall continue to comply with such resolutions and complete the remediation to meet fire prevention and fighting safety requirements.

6. For facilities that do not meet fire prevention and fighting requirements and cannot complete the remediation before the effective date of this Law according to standards or technical regulations at the time of being put into operation, except the case specified in Clause 5 of this Article, they shall comply with the following regulations:

a/ Provincial-level People’s Committees shall classify, and make and announce lists of, facilities that do not meet fire prevention and fighting requirements and cannot complete the remediation before the effective date of this Law according to standards and technical regulations at the time of being put into operation in localities under their management; provide regulations on renovation and embelishment of urban areas that do not meet conditions on transport infrastructure or water sources for firefighting in accordance with law and technical regulations in fire prevention and fighting activities;

b/ The Ministry managing specialized construction works in accordance with the law on construction shall assume the prime responsibility for, and coordinate with the Ministry of Public Security in, providing regulations on fire prevention and fighting vehicles and equipment, and technical solutions to enhance fire prevention and fighting safety for works under their management that do not meet fire prevention and fighting requirements;

c/ Heads of facilities shall base on the current state of architecture, structure, functions, equipment, and production lines to equip appropriate fire prevention and fighting vehicles and equipment and choose corresponding technical solutions as specified at Point b of this Clause to enhance technical solutions for assurance of fire prevention and fighting safety; organize the remediation according to the chosen technical solutions, take responsibility for implementation results, report in writing to the direct management agency in charge of fire prevention and fighting, rescue and salvage after completing the remediation, and maintain the technical solutions applied throughout the operation process;

d/ Facilities that cannot apply technical solutions as specified at Point b of this Clause shall change their functions in conformity with the scope and nature of their operation;

dd/ The Government shall specify the roadmap for implementation of this Clause.

7. For facilities, means of transport, households and individuals that do not ensure fire prevention and fighting safety and are subject to suspension or termination of operation before the effective date of this Law, Law No. 27/2001/QH10 on Fire Prevention and Fighting, which has a number of articles amended and supplemented under Law No. 40/2013/QH13 and Law No. 30/2023/QH15, shall continue to apply.

This Law was passed on November 29, 2024, by the 15th National Assembly of the Socialist Republic of Vietnam at its 8th session.-

Chairman of the National Assembly
TRAN THANH MAN

 

 

 

 

[1] Công Báo Nos 1535-1536 (30/12/2024)

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