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

DECREE

On rescue and salvage activities of fire brigades[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

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

Pursuant to the June 3, 2008 Law on Compulsory Purchase and Acquisition of Property;

Pursuant to the November 27, 2014 Law on the People’s Public Security Force;

Pursuant to Official Letter No. 97/UBTVQH14-QPAN of April 3, 2017, of the National Assembly Standing Committee, on the promulgation of the Decree on rescue and salvage activities of fire brigades;

At the proposal of the Minister of Public Security;

The Government promulgates the Decree on rescue and salvage activities of fire brigades.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Decree prescribes the deployment and rescue and salvage activities of fire brigades; the principles, relations of coordination, assurance of conditions and responsibilities of related agencies, organizations and individuals.

Article 2.Subjects of application

This Decree applies to agencies, organizations, households and individuals operating or residing in the Vietnamese territory; for cases otherwise prescribed by a treaty to which the Socialist Republic of Vietnam is a contracting party, such treaty shall prevail.

Article 3.Interpretation of terms

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

1. Rescue means activities of saving victims from a life- or health-threatening danger due to an incident or accident. These activities include detecting, locating and opening paths to approach victims, arranging rescue and salvage vehicles, instruments and forces; identifying, preventing and eliminating elements which threaten the lives or health of victims and members of rescue and salvage forces; providing advice on primary medical measures and first aid; moving victims out of dangerous locations, and other measures to carry victims to safe places.

2. Salvage means activities of saving vehicles and property from danger due to an incident or accident. These activities include detecting, locating, opening paths to approach vehicles and property in distress, deploying rescue and salvage vehicles, instruments and forces; identifying, preventing and eliminating dangerous elements threatening the safety of vehicles, property as well as health and lives of members of rescue and salvage forces; moving vehicles and property out of dangerous locations, and other measures to take them to safe places.

3. Incident or accident means an event caused by nature, humans or animals, infringing upon or threatening the lives or health of humans, destroying, damaging, or threatening the safety of, vehicles and property.

4. Incident and accident prevention means activities aiming to eliminate the causes and conditions of incidents or accidents. These activities include law dissemination and education, incident and accident prevention, avoidance and escape skills; appraisal, approval and examination of conditions to ensure safety for people, vehicles, equipment and property with regard to houses, construction works, vehicles, equipment and equipment; monitoring, supervision, examination, inspection, and handling of violations of regulations on safety conditions, incident and accident prevention and fighting; formulation of schemes or plans on, and organization of, rescue and salvage drills; and training in rescue and salvage operations.

5. Establishments refer to companies, factories, enterprises, storehouses, working offices, hospitals, schools, theaters, hotels, market places, trade centers, armed force barracks and other facilities.

Article 4.Principles of rescue and salvage activities

1. Prioritizing the saving of victims; immediately applying measures to ensure the safety of the lives, health, vehicles and property of victims as well as members of rescue and salvage forces.

2. Ensuring the prompt, timely, effective and unified command and administration of rescue and salvage activities.

3. Considering on-spot forces and vehicles as the key ones, the specialized force as the core and mobilizing different forces and people to participate in rescue and salvage activities.

Article 5.Scope of rescue and salvage activities of fire brigades

1. Fire brigades shall carry out rescue and salvage activities for the following incidents or accidents:

a/ Fires;

b/ Explosions;

c/ Collapse of houses, works, equipment, machinery or trees;

d/ Landslides;

dd/ Incidents or accidents involving people trapped in houses or construction works; overhead; underground, in equipment; in caves, tunnels or underground works;

e/ Land, railway or inland waterway traffic incidents or accidents, upon request;

g/ Drowning in rivers, streams, water falls, lakes, ponds, wells, deep water pits, at beaches;

h/ Incidents and accidents occurring in tourist and entertainment areas;

i/ Other incidents and accidents as prescribed by law.

2. The incidents and accidents listed in Clause 1 of this Articles are those not yet reaching the extent defined at Point d, Clause 3, Article 6 of the Government’s Decree No. 30/2017/ND-CP of March 21, 2017, prescribing the organization and activities of response to incidents and natural disasters and of search and rescue (below referred to as Decree No. 30/2017/ND-CP); rescue and salvage in road railway traffic must comply with the Government’s Decree No. 12/2017/ND-CP of February 10, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Transport; rescue and salvage on inland waterways and in inland ports, port waters and seaports must comply with the Prime Minister’s regulations.

Article 6.Prohibited acts

1. Causing incidents or accidents which threaten the lives and health of humans or safety of vehicles and property for self-seeking purposes.

2. Obstructing or resisting prevention as well as rescue and salvage activities.

3. Deliberately reporting fake news on incidents or accidents.

4. Destroying, deliberately damaging, altering or moving without permission rescue and salvage vehicles, equipment, signboards or instruction boards.

5. Abusing rescue and salvage activities to infringe upon the interests of the State, or the lawful rights and interests of agencies, organizations, establishments, households or individuals.

Chapter II

INCIDENT AND ACCIDENT PREVENTION AND PREPARATION FOR RESCUE AND SALVAGE ACTIVITIES

Article 7.Dissemination of and education about rescue and salvage knowledge

1. Information and communications agencies shall organize regular and wide dissemination of the rescue and salvage law and knowledge among the population.

2. Heads of agencies, organizations, establishments and households shall organize the dissemination of and education about the rescue and salvage law and knowledge suitable to the subjects under their respective management.

3. The Ministry of Education and Training shall assume the prime responsibility for, and coordinate with the Ministry of Public Security in, formulating and appraising the contents of and time volumes for dissemination of basic rescue and salvage knowledge and skills suitable to each age group of pupils and students as well as each educational level and each discipline for integration into teaching syllabuses and extracurricular activities at schools and other educational institutions according to the Law on Law Dissemination and Education.

4. The Fire Fighting, Rescue and Salvage Police agencies shall disseminate and guide rescue and salvage knowledge and build the movement “All people participate in rescue and salvage activities: grassroots fire brigades and specialized fire brigades shall disseminate rescue and salvage knowledge to cadres, civil servants, public employees and workers in grassroots establishments; civil-guard forces shall disseminate and guide rescue and salvage knowledge among people and mobilize them to participate in rescue and salvage activities in their areas.

Article 8.Prevention of incidents and accidents related to houses, works, locations, vehicles and equipment

1. Incident and accident prevention measures:

a/ For houses, works, vehicles and equipment, to actively apply incident and accident-preventing measures during their construction, use and repair according to regulations and standards on construction, traffic, and fire prevention and fighting and other relevant laws;

b/ In areas prone to drowning or fall into abysses or deep pits, and slippery and other dangerous places, to put up danger or restriction signboards or apply safety measures;

c/ In areas where there is smoke or toxic gas, to put up warning and restriction signboards;

d/ When operating in areas or places prone to landslide, to put up warning and restriction signboards or to apply safety measures;

dd/ At toxic chemical storages, to place and arrange toxic chemicals and apply measures to ensure safety, prevent and fight fires and explosions and leakages according to technical regulations and standards;

e/ Vehicles used in transport business shall be equipped with protective and rescue and salvage devices and, when moving on the road. must strictly observe traffic regulations;

g/ Establishments prone to fire and explosion, and motor vehicles with special safety requirements on fire and explosion prevention and fighting shall be equipped with fire prevention and fighting as well as rescue and salvage equipment, and have exit doors and safety measures as prescribed by law;

h/ Other works, vehicles and equipment shall be equipped with rescue and salvage devices, and have exit doors and safety measures suitable to their operating conditions.

2. Establishment heads, vehicles owners, and People’s Committees of communes, wards or townships shall, within the ambit of their respective tasks and powers, organize the application of measures prescribed in Clause 1 of this Article.

Article 9.Drawing up of rescue and salvage plans of fire brigades, practice and drills under these plans

1. A rescue and salvage plan must satisfy the following basic requirements and contents:

a/ Stating the nature and characteristics of danger upon occurrence of an incident or accident and the conditions related to rescue and salvage activities;

b/ Presenting the most complicated incident or accident and a number of other typical incidents and accidents which may occur; the possibility of occurrence of dangers following the incidents and accidents according to different degrees;

c/ Planning the mobilization and use of rescue and salvage forces and vehicles, organization and command, technical measures, rescue and salvage tactics and activities serving rescue and salvage work suitable to different stages of an incident or incident.

2. Rescue and salvage planning

A rescue and salvage plan must include the following basic contents:

a/ Preparation of rescue and salvage forces;

b/ Preparation of rescue and salvage vehicles and equipment suitable to characteristics of the agency, organization, establishment or locality;

c/ Assignment of tasks, coordinating mechanism to respond to possible incidents and accidents;

d/ Funds for rescue and salvage activities;

dd/ Inspection and urging of implementation.

3. Responsibility to draw up a rescue and salvage plan

a/ The chairperson of a People’s Committee at a level or the head of an  establishment shall organize and direct the drawing up of a rescue and salvage plan within the scope of his/her management in the case prescribed in Clause 1, Article 13 of this Decree (grassroots rescue and salvage plan);

b/ The Fire Fighting, Rescue and Salvage Police agency shall draw up a rescue and salvage plan in the case prescribed in Clause 2, Article 13 of this Decree (rescue and salvage plan of the Fire Fighting, Rescue and Salvage Police agency).

4. A rescue and salvage plan shall be supplemented and adjusted in time upon any change in the nature and characteristics of an incident or accident and in the conditions related to rescue and salvage activities.

5. Rescue and salvage plans drawn up under Point a, Clause 3 of this Article shall be filed and duplicated and sent to the Fire Fighting, Rescue and Salvage Police agency; rescue and salvage plans drawn up under Point b, Clause 3 of this Article shall be managed at the Fire Fighting, Rescue and Salvage Police agency.

6. Regime and responsibility for organization of practices and drills under rescue and salvage plans

a/ Rescue and salvage plans drawn up under Point a, Clause 3 of this Article shall be practiced and drilled at least once every two years or upon request;

b/ Rescue and salvage plans drawn up under Point b, Clause 3 of this Article shall be practiced and drilled at least once every year or upon request;

c/ Heads of agencies, organizations or establishments, chairpersons of People’s Committees at different levels shall organize practices and drills under rescue and salvage plans within the scope of their management;

d/ Heads of the Fire Fighting, Rescue and Salvage Police agencies shall organize practices and drills under rescue and salvage plans within the scope of their management.

7. The Fire Fighting, Rescue and Salvage Police agency shall guide, inspect and urge the drawing up of rescue and salvage plans and organization of practices and drills under these plans.

8. Competence to approve rescue and salvage plans

a/ Chairpersons of the People’s Committees at different levels and heads of establishments shall approve grassroots rescue and salvage plans;

b/ For rescue and salvage plans of the Fire Fighting, Rescue and Salvage Police agencies:

- Heads of the Fire Fighting, Rescue and Salvage Police Divisions of the provincial-level Departments of Public Security shall approve rescue and salvage plans using the forces and vehicles of the Fire Fighting, Rescue and Salvage Police agencies in areas under their respective management; where forces, vehicles and equipment of other Public Security forces are mobilized, the rescue and salvage plan shall be approved by the director of the provincial-level Department of Public Security; where the forces, vehicles and equipment of agencies and organizations in localities are mobilized, the rescue and salvage plan shall be approved by the chairperson of the People’s Committee of the same level;

- Heads of the Fire Fighting Police Divisions of the provincial-level Fire Fighting Police Departments shall approve rescue and salvage plans using forces, vehicles and equipment of the Fire Fighting, Rescue and Salvage Police agencies in areas under their management; where the forces, vehicles and equipment of other Public Security forces or agencies and organizations in areas under the district administrations’ management are mobilized, rescue and salvage plans shall be approved by the chairpersons of the district-level People’s Committees;

- Directors of the provincial-level Fire Fighting Police Departments shall approve rescue and salvage plans using the forces, vehicles and equipment of the attached Fire Fighting, Rescue and Salvage Police units; where forces, vehicles and equipment of other Public Security forces, agencies or organizations in areas under the provincial administration’s management are mobilized, the rescue and salvage plans shall be approved by the chairpersons of the provincial-level People’s Committees or their authorized persons;

- The Director of the Fire Fighting, Rescue and Salvage Police Department of the Ministry of Public Security shall approve the rescue and salvage plans with the mobilization of firefighting, rescue and salvage forces, vehicles and equipment of the firefighting, rescue and salvage forces and the Public Security Departments of many provinces and centrally run cities.

Article 10.Preparation of rescue and salvage forces, vehicles and equipment

1. The Fire Fighting, Rescue and Salvage Police agency shall organize the around- the-clock rescue and salvage forces, vehicles and equipment.

2. The specialized fire brigades shall arrange forces, vehicles and equipment to be ready for rescue and salvage around the clock.

3. The grassroots fire brigades and civil-guard forces shall prepare forces, vehicles and equipment to be ready for participation in rescue and salvage when so requested.

Article 11.Rescue and salvage training, coaching and guidance

1. The Fire Fighting, Rescue and Salvage Police forces must be trained and coached in rescue and salvage law, professional operations, advisory skills, organization of rescue and salvage activities, provision of advice on primary medical measures and first aid to victims; skills of using rescue and salvage vehicles, equipment and instruments and other necessary skills.

The specialized fire brigades, grassroots fire brigades and civil-guard forces shall be trained in rescue and salvage law and necessary professional operations.

Individuals and households in communes, wards or townships shall be given instructions on escape skills and necessary rescue and salvage knowledge.

2. Responsibility to organize training and coaching on rescue and salvage operations

a/ Rescue and salvage training for fire brigades shall be provided by the Fire Fighting University and qualified educational and training institutions;

b/ The Fire Fighting, Rescue and Salvage Police Department of the Ministry of Public Security shall provide training and coaching on rescue and salvage operations for fire fighting, rescue and salvage forces, rescue and salvage forces within the People’s Public Security forces, specialized fire brigades, grassroots fire brigades and other forces when so requested;

c/ Provincial-level Fire Fighting, Rescue and Salvage Police agencies and provincial-level Departments of Public Security shall provide training and coaching on rescue and salvage operations for the fire fighting, rescue and salvage police forces under their management, civil-guard forces, grassroots fire brigades and other forces when so requested;

d/ The People’s Committees of communes, wards or townships (referred collectively to as commune-level People’s Committees) shall organize the provision of technical guidance on escape skills and necessary knowledge on rescue and salvage for the civil-guard forces, individuals and households in their localities;

dd/ Heads of agencies, organizations or establishments shall organize the training in rescue and salvage operations for their specialized fire brigades or grassroots fire brigades.

3. Rescue and salvage operation training duration

a/ The duration of rescue and salvage operation training for the Fire Fighting, Rescue and Salvage Police forces shall be determined by the Minister of Public Security;

b/ The duration of rescue and salvage operation training for other fire fighting, rescue and salvage forces:

- The duration of first-time rescue and salvage operation training is between 32 hours and 48 hours;

- The duration of annual rescue and salvage operation training must be at least 16 hours;

- The duration of retraining for being granted rescue and salvage operation training certificate upon its expiry must be at least 32 hours.

4. Funds for organizing rescue and salvage operation training courses shall be covered by training course organizers in accordance with law.

5. Dossiers of application for rescue and salvage operation training certificates

a/ For agencies, organizations and establishments, a dossier must comprise:

- A written application;

- The list of registered trainees and their personal details, and their health certificates certified by district- or higher-level health establishments.

b/ For individuals who need to attend training and apply for a rescue and salvage operation training certificate, a dossier must comprise:

- An application for rescue and salvage operation training;

- His/her brief personal details;

- His/her health certificate certified by a district- or higher-level health establishment.

6. Procedures for grant, renewal and re-grant of rescue and salvage operation training certificates

a/ Persons who have completed the rescue and salvage operation training program with satisfactory exam results shall be granted the certificates;

b/ A rescue and salvage operation training certificate that is damaged or lost may be renewed or re-granted.

The time limit for grant, renewal or re-grant of rescue and salvage operation training certificates is 5 working days after the satisfactory exam results are obtained or after the written request for renewal or re-grant is received.

7. The rescue and salvage operation training certificates shall be granted by competent Fire Fighting, Rescue and Salvage Police agencies and will be valid nationwide for 5 years from the date of their grant. Upon the expiry of such a certificate, its holder shall attend a retraining course for being granted a new one, unless he/she has attended annual additional training as prescribed at Point b, Clause 3 of this Article.

8. The Minister of Public Security shall issue detailed regulations on the rescue and salvage operation training program and contents.

Article 12.Inspection of rescue and salvage safety conditions

1. Chairpersons of the People’s Committees at different levels and heads of agencies, organizations or establishments shall, within the ambit of their respective functions, tasks and powers, periodically or extraordinarily inspect the fire, explosion, incident and accident safety conditions as well as rescue and salvage conditions, measures and plans.

2. The Fire Fighting, Rescue and Salvage Police agencies shall, within the ambit of their functions, tasks and powers and in pursuance to this Decree, periodically or extraordinarily inspect other fire, explosion, incident and accident safety conditions as well as rescue and salvage conditions, measures and plans with regard to the subjects under their management.

3. The inspections prescribed in Clauses 1 and 2 of this Article must be recorded in writing for filing; violations, loopholes or shortcomings detected through an inspection shall be handled in accordance with law and their redressing measures, plans, time limits and commitments shall be made.

4. The inspected agencies, organizations or establishments shall comply with the requests of inspection agencies prescribed in Clause 3 of this Article.

Chapter III

RESCUE AND SALVAGE ACTIVITIES

Article 13.Assignment of rescue and salvage tasks

1. Upon the occurrence of an incident or accident, individuals, households, establishments, agencies, organizations, civil-guard forces, grassroots fire brigades and specialized fire brigades shall themselves organize rescue and salvage and at the same time report it to the Fire Fighting, Rescue and Salvage Police agency on its development. If the incident or accident is complicated beyond their handling capacity, they shall request the latter to come for handling.

2. The Fire Fighting, Rescue and Salvage Police agency shall organize the rescue and salvage with regard to incidents or accidents which go beyond the capacity of the forces prescribed in Clause 1 of this Article.

3. When an incident or accident goes beyond the rescue and salvage capacity of the forces referred to in Clauses 1 and 2 of this Article, the National Committee for Incident and Natural Disaster Response, Search and Rescue shall coordinate rescue and salvage activities.

Article 14.Regulations on reporting, receipt and handling of reports on rescue and salvage

1. Information on incidents and accidents in need of rescue and salvage shall be promptly reported to the forces defined in Article 23 of this Decree or the Fire Fighting, Rescue and Salvage Police agency via telephone number 114 or the nearest local administration or Public Security agency.

2. Upon receiving a report on an incident or accidents in need of rescue and salvage, the report-receiving agency referred to in Clause 1 of this Article shall process the information and organize the rescue and salvage under Article 13 of this Decree and record it in the incident and accident report book.

Article 15.Mobilization of forces, vehicles and property for rescue and salvage

1. Competence to mobilize forces, vehicles and property of agencies, organizations, establishments and individuals for rescue and salvage, excluding people, vehicles and property of diplomatic missions, consulates, representative offices of international organizations and persons entitled to diplomatic or consular privileges and immunities:

a/ Chairpersons of the People’s Committees at different levels may mobilize forces, vehicles and property of agencies, organizations, establishments and individual in areas under their respective management;

b/ Heads of local Fire Fighting, Rescue and Salvage Police agencies may mobilize forces, vehicles and property of the Fire Fighting, Rescue and Salvage Police forces under their management, the civil-guard forces, grassroots fire brigades and specialized fire brigades in areas under their management as well as people, vehicles and property of other agencies, organizations and individuals when necessary;

c/ The Director of the Fire Fighting, Rescue and Salvage Police Department may mobilize the Fire Fighting, Rescue and Salvage Police forces, civil-guard forces, grassroots fire brigades and specialized fire brigades as well as people, vehicles and property of other agencies, organizations and individuals when necessary.

2. When having their people, vehicles and property mobilized for rescue and salvage, agencies, organizations, establishments and individuals shall immediately abide by the mobilization requests.

3. Requests for mobilization of people, vehicles and property for rescue and salvage activities may be made orally or in writing. In case of oral mobilizations, immediately after the emergency circumstance terminates, the agencies of the persons who have mobilized such people, vehicles and property shall send their written mobilization requests to the mobilized agencies, organizations, establishments and individuals.

4. Vehicles and property mobilized for rescue and salvage shall be returned upon termination of rescue and salvage activities; in case they are lost or damaged, compensations shall be paid in accordance with the Law on Compulsory Purchase and Acquisition of Property.

Article 16.Rescue and salvage commanders

1. In the Fire Fighting, Rescue and Salvage Police forces, the rescue and salvage commander is the person holding the highest position from team commander to higher rank or the person authorized by the highest-rank person of the Fire Fighting, Rescue and Salvage Police agency who is present at the scene of the incident or accident.

2. Pending the arrival of the Fire Fighting, Rescue and Salvage Police agency staff, the rescue and salvage commander at the place of an incident or accident is prescribed below:

a/ If the incident or accident occurs at an agency, organization or establishment, the head of such agency, organization or establishment is the rescue and salvage commander; in the absence of such head, the leader of the grassroots fire brigade or the authorized person is the rescue and salvage commander;

b/ When the incident or accident occurs in a commune, the chairperson of the commune-level People’s Committee is the rescue and salvage commander; in case of absence of such person, the leader of the civil-guard team or authorized person is the rescue and salvage commander;

c/ Leaders of specialized fire brigades shall command the rescue and salvage with regard to incidents and accidents falling within their management scope;

d/ The head of the specialized rescue and salvage unit shall command rescue and salvage activities for incidents and accidents occurring in areas under their management.

3. As soon as the Fire Fighting, Rescue and Salvage Police unit shows up at the place where the incident or accident occurs, the rescue and salvage commander defined in Clause 2 of this Article shall hand over the power to command the rescue and salvage to the commander of such Fire Fighting, Rescue and Salvage Police unit.

Article 17.Tasks and powers of rescue and salvage commanders of fire brigades

1. To organize and command the rescue and salvage forces and other forces participating in rescue and salvage at the scenes.

2. To form the rescue and salvage command when deeming it necessary and to assign tasks to members of the command.

3. To mobilize forces, vehicles and property according to their competence; to decide on and organize the demolition of houses, works or obstacles and movement of vehicles and property; to decide on and organize the application of measures and activities referred to in Clauses 1 and 2, Article 3 of this Decree.

4. To implement the regulations on reporting to competent authorities on rescue and salvage activities, their developments and results.

5. To perform political and ideological work and organize logistics and technical activities to serve rescue and salvage.

6. To decide on termination of rescue and salvage activities.

7. To draw experience from rescue and salvage activities; to provide information on incidents or accidents and rescue and salvage activities.

Article 18.Responsibility to coordinate rescue and salvage activities

Forces participating in rescue and salvage activities shall coordinate and closely cooperate with one another, propose measures and solutions to timely and effective rescue and salvage; to abide by instructions and orders in the rescue and salvage process.

Article 19.Priority and assurance of the priority right for people and vehicles mobilized for rescue and salvage

1. Vehicles of the Fire Fighting, Rescue and Salvage Police agency may issue priority signals in accordance with law. When seeing the priority signals of vehicles on rescue and salvage duty, road users shall quickly give way to them.

2. Motor vehicles of agencies, organizations and individuals which are mobilized for rescue and salvage tasks have the priority right in rescue and salvage areas; and shall be given priority while running on bridges and ferries and be exempted from road tolls.

3. Traffic police forces and other forces, when performing the tasks of maintaining traffic order and safety, shall ensure the fastest movement of rescue and salvage forces and vehicles.

Article 20.Pennants, signboards and bands used by fire brigades in rescue and salvage activities

1. Rescue and salvage pennants and rescue and salvage command pennants.

2. Rescue and salvage command bands.

3. Rescue and salvage zone-separating signboards and barricade tapes.

4. Rescue and salvage zone signal boards.

Article 21.Urgent circumstances in which the right to decide on demolition of houses, works, obstacles and removal of property may be exercised during rescue and salvage

When it is necessary to open paths to approach victims, deploy rescue and salvage forces, vehicles and equipment or necessary to stop or eliminate elements threatening the lives and health of victims and members of rescue and salvage forces while there is no other alternative, rescue and salvage forces may demolish houses, works and obstacles and remove property.

Article 22.Rescue and salvage in offices of diplomatic missions, consulates, representative offices of international organizations and residences of members of these agencies

1. The Fire Fighting, Rescue and Salvage Police of Vietnam may enter offices of the following agencies for rescue and salvage upon request or consent of the heads or authorized persons of these agencies:

a/ Offices of diplomatic missions;

b/ Offices of consulates of countries which have signed with Vietnam consular agreements which provide that authorities of the host countries may only enter offices of consulates when it is so consented by the heads of the consulates, heads of the diplomatic missions of the countries appointing the consuls or by persons authorized by either of the above-said persons;

c/ Offices of representative agencies of international organizations within the United Nations system;

d/ Offices of representative agencies of inter-governmental organizations outside the United Nations system, which have signed with Vietnam treaties which provide that authorities of the host countries may only enter offices of these organizations when it is so consented by heads of those organizations or the authorized persons.

2. The Fire Fighting, Rescue and Salvage Police of Vietnam may enter offices of consulates, representative agencies of international organizations not referred to in Clause 1 of this Article for rescue and salvage according to regulations without request or consent of the heads or authorized persons of those agencies.

3. The Fire Fighting, Rescue and Salvage Police of Vietnam may enter residences of the following persons for rescue and salvage when so requested or consented by the latter:

a/ Residences of diplomatic officials, their family members being non-Vietnamese citizens; administrative or technical personnel and their family members being non-Vietnamese citizens or being non-permanent residents in Vietnam;

b/ Residences of consular officials being non-Vietnamese citizens or non-permanent residents in Vietnam, if the consular agreements between Vietnam and the countries that appoint the consuls provide that authorities of the host countries may only enter residences of consular officials when it is so consented by heads of the consulates, heads of the diplomatic missions of the consul-appointing countries or by persons authorized by either of the above-said persons.

4. The Fire Fighting, Rescue and Salvage Police forces of Vietnam may enter residences of members of consulates, representative agencies of international organizations other than those referred to in Clause 3 of this Article for rescue and salvage activities without their request or consent.

5. The Ministry of Foreign Affairs shall notify the Ministry of Public Security of the subjects defined at Points b, c and d, Clause 1, and Point b, Clause 3, of this Article.

Chapter IV

TASKS, POWERS AND DEPLOYMENT OF RESCUE AND SALVAGE FORCES

Article 23.Fire brigades engaged in rescue and salvage tasks

1. The Fire Fighting, Rescue and Salvage Police.

2. Specialized fire brigades.

3. Grassroots fire brigades.

4. Civil-guard forces.

Article 24.Rescue and salvage tasks and powers of the Fire Fighting, Rescue and Salvage Police

1. At the central level:

a/ To assist the Minister of Public Security in performing the state management of rescue and salvage according to its competence;

b/ To advise on and propose policies and law on incident and accident prevention and rescue and salvage;

c/ To direct the fire brigades to apply preventive measures and solutions and organize rescue and salvage;

d/ To direct and command rescue and salvage activities in case of necessity to mobilize people and vehicles of the fire brigades of more than one province and centrally run city;

dd/ To guide the dissemination and education of rescue and salvage law, knowledge, measures and skills; to build up the movement “All people participate  in rescue and salvage”; to draw up rescue and salvage plans and organize practices and drills under these plans;

e/ To organize training in, organize forces of, and apply benefits and policies on, rescue and salvage for the Fire Fighting, Rescue and Salvage Police; to provide legal and professional guidance on rescue and salvage operations for the fire brigades and public security offices at different levels;

g/ To examine, inspect and settle complaints and denunciations and handle violations of the law on rescue and salvage in accordance with law;

h/ To implement international cooperation on rescue and salvage;

i/ To make statistics on incidents and accidents and rescue and salvage work;

k/ To organize reviews of rescue and salvage activities, scientific and technological researches as well as wide application of scientific and technological advances in these activities.

2. At the provincial level:

a/ To assist the chairpersons of provincial-level People’s Committees in performing the state management of rescue and salvage according to the latter’s competence;

b/ To advise on and propose policies and regulations on incident and accident prevention and rescue and salvage;

c/ To direct the fire brigades under their management to apply preventive measures and solutions and organize rescue and salvage work;

d/ To direct and command rescue and salvage activities in case of necessity to mobilize people and vehicles or the fire brigades of more than one district, township or provincial or municipal city (below referred collectively to as district);

dd/ To act as the key body to receive and process information on incidents and accidents in need of rescue and salvage; to carry out rescue and salvage activities related to incidents or accidents occurring inside and outside their localities when being mobilized;

e/ To guide the dissemination and education of rescue and salvage law, knowledge, measures and skills; to build the movement “All people participate in rescue and salvage in their localities”;

g/ To organize rescue and salvage training courses and forces and apply benefits and policies toward the Fire Fighting, Rescue and Salvage Police under their management; to provide legal and professional instructions on incident and accident prevention and rescue and salvage for the fire brigades under their management and for commune-level Public Security forces, and organize practices and drills under rescue and salvage plans;

h/ To examine, inspect, settle complaints and denunciations and handle violations of the law on rescue and salvage in accordance with law;

i/ To make statistics on incidents and accidents and rescue and salvage work;

k/ To conduct reviews of, and organize the research, dissemination and application of sciences and technologies in rescue and salvage activities;

l/ To provide international assistance on rescue and salvage upon request.

3. At the district level:

a/ To assist chairpersons of district-level People’s Committees in performing the state management of rescue and salvage according to their competence;

b/ To advise on and propose policies and regulations on incident and accident prevention and rescue and salvage;

c/ To direct the fire brigades under their management to apply preventive measures and solutions and organize rescue and salvage activities;

d/ To direct and command rescue and salvage activities when it is necessary to mobilize people and vehicles for commune-level fire brigades;

dd/ To act as the key body to receive and process information on incidents and accidents in need of recuse and salvage; to carry out rescue and salvage activities related to incidents or accidents occurring inside and outside their localities when being mobilized;

e/ To guide the dissemination and education of rescue and salvage law, knowledge, measures and skills; to build the movement “All people participate in rescue and salvage in their localities”;

g/ To organize rescue and salvage training courses and forces and apply regimes and policies on rescue and salvage; to provide legal and professional instructions on incident and accident prevention and rescue and salvage for the fire brigades under their management and for commune-level Public Security forces; to develop and organize practices and drills under rescue and salvage plans;

h/ To examine, inspect, settle complaints and denunciations and handle violations of the law on rescue and salvage in accordance with law;

i/ To make statistics on incidents and accidents and rescue and salvage work;

k/ To conduct reviews of rescue and salvage activities.

Article 25.Deployment of rescue and salvage forces of the Fire Fighting, Rescue and Salvage Police

1. At the Ministry of Public Security:

- The rescue and salvage force of the Fire Fighting, Rescue and Salvage Police Department;

- The rescue and salvage force of the Rescue and Salvage Section;

- The rescue and salvage force of the Fire Fighting, Rescue and Salvage Center;

- The rescue and salvage force of the Fire Fighting and Rescue and Salvage Training Center.

2. At provincial-level Public Security Departments and Fire Fighting Police Departments

a/ The rescue and salvage forces of provincial-level Public Security Departments:

- Rescue and salvage police teams and groups;

- The rescue and salvage forces of the Fire Fighting, Rescue and Salvage Police Sections.

b/ The rescue and salvage forces of provincial-level Fire Fighting- Rescue and Salvage Police:

- The rescue and salvage police teams and groups;

- The rescue and salvage sections;

- The rescue and salvage forces of the provincial-level Fire Fighting Police.

Article 26.Standby rescue and salvage forces

The Fire Fighting, Rescue and Salvage Police shall act as the standby rescue and salvage force as prescribed by this Decree.

Article 27.Rescue and salvage tasks and powers of specialized fire brigades and grassroots fire brigades

1. To assist heads of their establishments in performing the management of rescue and salvage work according to their competence.

2. To apply preventive measures and solutions and organize rescue and salvage activities.

3. To carry out rescue and salvage activities related to incidents or accidents occurring in areas under their management and when being mobilized.

4. To disseminate and educate about the rescue and salvage law, knowledge, measures and skills within the scope of their management.

5. To organize training in and propose benefits and policies on rescue and salvage; to draw up rescue and salvage plans and organize practices and drills under these plans.

6. To make statistics on incidents and accidents and rescue and salvage activities.

7. To review rescue and salvage activities.

Article 28.Rescue and salvage tasks and powers of civil-guard forces

1. To assist chairpersons of commune-level People’s Committees in rescue and salvage work, formulating rescue and salvage plans and organizing practices and drills under these plans according to their competence.

2. To apply preventive measures and solutions and organize rescue and salvage activities.

3. To carry out rescue and salvage activities related to incidents or accidents occurring in their localities and when being mobilized.

4. To disseminate and educate about the rescue and salvage law, knowledge, measures and skills within the scope of their management.

Chapter V

ASSURANCE OF CONDITIONS FOR RESCUE AND SALVAGE ACTIVITIES OF FIRE BRIGADES

Article 29.Provision, management and use of rescue and salvage vehicles and equipment of fire brigades

1. Provision of rescue and salvage vehicles and equipment:

a/ The Fire Fighting, Rescue and Salvage Police shall be provided with special-use rescue and salvage vehicles, equipment, instruments and uniforms to meet rescue and salvage requirements;

b/ Rescue and salvage vehicles, equipment and instruments of specialized or grassroots fire brigades shall be provided by their agencies, organizations or establishments as suitable to the nature and characteristics of production and business activities and rescue and salvage requirements in these agencies, organizations or establishments;

c/ Rescue and salvage vehicles, equipment and instruments of civil-guard forces shall be provided by commune-level People’s Committees as suitable to the nature and characteristics of their localities, production, business and daily-life activities as well as rescue and salvage requirements in areas under their management.

2. Special-use and other vehicles for rescue and salvage activities of fire brigades shall be managed, preserved, transported and used according to law and the guidance of the Ministry of Public Security.

3. Locally made or imported specialized rescue and salvage vehicles must satisfy quality requirements and conform with Vietnamese regulations, technical standards and conditions.

Article 30.Assurance of physical foundations for rescue and salvage activities

1. The State shall provide physical foundations for the Fire Fighting, Rescue and Salvage Police to carry out rescue and salvage activities, including land, working offices and facilities; rescue and salvage vehicles, equipment and uniforms, information and communications and professional equipment, priority right and other technical and physical conditions.

2. Heads of agencies, organizations or establishments shall arrange physical foundations and appropriate vehicles and equipment for rescue and salvage activities in their agencies, organizations or establishments.

Article 31.Policies toward rescue and salvage participants and members of civil-guard teams, grassroots fire brigades and specialized fire brigades when they participate in rescue and salvage activities

People mobilized to participate in rescue and salvage activities, and members of civil-guard teams, grassroots fire brigades or specialized fire brigades, when participating in rescue and salvage activities, may enjoy policies applicable to fire fighters prescribed in the June 29, 2001 Fire Prevention and Fighting Law, the November 22, 2013 Law Amending and Supplementing a Number of Articles of the Fire Prevention and Fighting Law, and July 31, 2014 Decree No.79/2014/ND-CP detailing a number of articles of the Fire Prevention and Fighting Law and the Law Amending and Supplementing a Number of Articles of the Fire Prevention and Fighting Law.

Article 32.Benefits and policies toward Public Security officers, non-commissioned officers, soldiers, cadets and workers of the Fire Fighting, Rescue and Salvage Police engaged in rescue and salvage activities

Public Security officers, non-commissioned officers, soldiers, cadets and workers of the Fire Fighting, Rescue and Salvage Police may, apart from enjoying the benefits and policies prescribed for the People’s Police officer, non-commissioned officers and soldiers, enjoy high food ratios and allowances when attending training courses and participating in rescue and salvage activities; and policies like people performing heavy, hazardous, dangerous or specially heavy, hazardous and dangerous jobs as prescribed by law.

Article 33.Benefits applicable to performers of standby rescue and salvage tasks

1. Benefit levels

Persons on rescue and salvage duty may enjoy the night-duty allowance (counting from 22:00 hrs) at the levels defined in Clause 1, Article 18 of Decree No. 30/2017/ND-CP of March 21, 2017, defining the organization and activities of response to incidents and natural disasters and search and rescue activities.

2. The number of people on rescue and salvage duty of fire brigades shall be determined by the Minister of Public Security.

3. Funds for performance of rescue and salvage duties of the Fire Fighting, Rescue and Salvage Police shall be included in the Ministry of Public Security’s budget for performance of routine rescue and salvage tasks.

Funds for performance of rescue and salvage duties of specialized fire brigades shall be included in their establishments’ funds for routine activities.

Article 34.Benefits applicable to people mobilized to perform rescue and salvage tasks

1. Persons not salaried by the state budget may enjoy the salary regimes at levels prescribed at Points a and b, Clause 1, Article 19 of Decree No. 30/2017/ND-CP while they are mobilized to perform rescue and salvage tasks under decisions of competent authorities. Mobilizers of those persons shall pay such salaries.

2. Persons salaried by the state budget shall, while mobilized to perform rescue and salvage tasks under decisions of competent authorities, be fully paid with salaries and allowances and for travel fares. When working in a hazardous environment and in an area entitled to regional allowances, they may enjoy benefits as currently prescribed.

The above-said expenses shall be included in the agencies’ or units’ budgets for regular expenditures.

3. People’s Public Security officers and men mobilized to perform rescue and salvage tasks under decisions of competent authorities may enjoy the benefits prescribed in Clause 1 of this Article.

Article 35.Benefits and policies toward rescue and salvage participants who suffer sicknesses, accidents or death

1. Rescue and salvage participants suffering sicknesses or accidents in the following cases may enjoy on sickness or occupational accidents benefits under the laws on labor, social insurance and occupational safety and health (from the time they are mobilized to perform the tasks to the time they accomplish the tasks and return to their places of residence):

a/ Getting sick or an accident during the performance of the tasks at their workplaces during and outside the working hours under decisions of competent authorities;

b/ Getting sick or an accident on their way to and from places of task performance, with certification of the local administration of their place of residence;

c/ The sickness benefits shall not apply to cases of self-inflicted damage of health due to the use of stimulants, narcotics or precursors on the list promulgated together with the Government’s Decree No.82/2013/ND-CP of July 19, 2013, promulgating the lists of narcotics and precursors and Decree No. 126/2015/ND-CP of December 9, 2015, amending and supplementing the lists of narcotics and precursors promulgated together with Decree No. 82/2013/ND-CP of July 19, 2013.

2. Benefits and policies toward persons suffering sicknesses or accidents referred to in Clause 1 of this Article must comply with Clause 2, Article 20 of Decree No. 30/2017/ND-CP.

3. Funds for payment of sickness and accident benefits shall be covered with the state budget.

4. For health insurance participants, their medical examination and treatment costs shall be covered by the health insurance fund; for participants in compulsory social insurance, such costs shall be paid by the social insurance fund.

Article 36.Benefits and policies toward persons getting injured or dead

If rescue and salvage participants are injured or die while saving people and property of the State or people, they shall be considered for enjoying benefits, preferential policies as prescribed by law.

Article 37.Financial sources for rescue and salvage activities

1. The financial sources for rescue and salvage activities include:

a/ State budget;

b/ Revenues from salvage contracts or agreements signed with organizations or individuals having property and vehicles to be salvaged in accordance with law;

c/ Compensations paid by insurers, amounts paid by organizations and individuals and other revenue sources as prescribed by law;

d/ Financial assistance, support and donations of foreign governments, organizations and individuals as well as voluntary contributions of domestic organizations and individuals to rescue and salvage activities.

2. The State shall encourage and create favorable conditions for domestic and foreign organizations and individuals to voluntarily contribute manpower, funds, vehicles and property to rescue and salvage activities.

3. The management of funding sources from the state budget must comply with the State Budget Law and the Public Investment Law and their guiding documents.

Article 38.Funds for expenditure on rescue and salvage activities

1. Funds to be spent on rescue and salvage activities of the fire fighting, rescue and salvage forces include:

a/ Development investment expenditures, including expenditures on capital construction, procurement of rescue and salvage vehicles and equipment, and technical and physical foundations for rescue and salvage activities;

b/ Non-business expenditure, including expenditure on operations and maintenance of regular operations of rescue and salvage forces, training of rescue and salvage forces; extraordinary tasks related to rescue and salvage activities; support for participants in rescue and salvage activities that suffer damage due to objective causes; and dissemination of and education about the law on rescue and salvage activities.

2. Agencies and organizations not funded by the state budget, households, individuals and foreign organizations operating in the Vietnamese territory shall ensure funds for rescue and salvage activities.

Chapter VI

STATE MANAGEMENT OF RESCUE AND SALVAGE

Article 39.Responsibility for state management of rescue and salvage

1. The Government shall perform the unified state management of rescue and salvage activities.

2. The Ministry of Public Security shall be responsible to the Government for the performance of state management of rescue and salvage activities.

Article 40.Responsibilities of the Ministry of Public Security

1. To propose the promulgation of, or promulgate according to its competence, legal documents on organization of rescue and salvage activities of fire brigades.

2. To draw up, and organize the implementation of, rescue and salvage strategies, master plans and plans of fire brigades throughout the country.

3. To direct and guide the organization and building of full-time and part-time rescue and salvage forces of the fire brigades and the People’s Public Security forces; to organize the training and recruitment of full-time rescue and salvage personnel in the People’s Public Security.

4. To assume the prime responsibility for organizing rescue and salvage activities; to guide and direct the building of forces and provision of vehicles, equipment and uniforms and organize standby forces ready for performance of rescue and salvage tasks; to draw up rescue and salvage plans of fire brigades and other forces in the People’s Public Security and organize practices and drills under these plans.

5. To assume the prime responsibility for, and coordinate with other ministries, ministerial-level agencies, government-attached agencies, localities, and press and communications agencies in, organizing the dissemination of rescue and salvage knowledge.

6. To formulate and implement investment projects on provision of rescue and salvage vehicles for the Fire Fighting, Rescue and Salvage Police; to specify lists, standards and norms of rescue and salvage vehicles, equipment and uniforms of fire brigades; to decide on model rescue and salvage uniforms of fire brigades, and specifications of rescue and salvage pennants, signboards and bands.

7. To organize the research into and application of scientific and technical advances in the field of rescue and salvage.

8. To organize the communication system to serve the management, command and administration of rescue and salvage activities of fire brigades and other forces in the People’s Public Security.

9. To propose and submit to the Government the participation in international organizations, and the conclusion of, or accession to, treaties on rescue and salvage activities of fire brigades; to carry out international activities related to rescue and salvage according to its competence.

10. To guide and urge other ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees to implement the regulations on periodical and extraordinary reports on rescue and salvage activities of fire brigades; to review rescue and salvage activities and report them to the Government and competent state agencies in accordance with law; to organize reviews of, and propose rewards for, rescue and salvage activities of fire brigades.

11. To assume the prime responsibility for, and coordinate with other ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees in, organizing the inspection, examination and handling of violations of regulations on incident and accident safety and prevention, conditions for rescue and salvage activities in accordance with law.

12. To define specific rescue and salvage functions and tasks of the Fire Fighting- Rescue and Salvage Police at different levels.

13. To perform other rescue and salvage-related tasks assigned by the Government.

Article 41.Responsibilities of ministries, ministerial-level agencies, government-attached agencies

1. To organize the implementation of legal provisions on rescue and salvage activities.

2. To ensure conditions for rescue and salvage activities of their ministries, sectors or units.

3. To direct and organize the dissemination of rescue and salvage knowledge in areas under their respective charge.

4. To direct related units, specialized and grassroots fire brigades to monitor and make statistics and reports on the situation and results of rescue and salvage activities of their ministries or sectors.

Article 42.Responsibilities of People’s Committees at different levels

1. To direct the dissemination of rescue and salvage knowledge and the implementation of legal provisions on rescue and salvage activities in their respective localities; to handle violations of the regulations on rescue and salvage according to their competence.

2. To direct the organization of rescue and salvage forces; to invest in rescue and salvage vehicles and maintenance of operation of rescue and salvage forces under their respective management.

3. To organize annual training courses on rescue and salvage operations; to draw up rescue and salvage plans and organize practices and drills under these plans in their localities or units.

4. To assume the prime responsibility for organizing rescue and salvage activities in areas under their charge.

5. To conduct reviews of and make statistical reports on rescue and salvage activities within the scope of their management.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 43.Forms used in rescue and salvage activities of fire brigades

1. To promulgate together with this Decree the following forms:

a/ Written proposal on training in fire fighting, rescue and salvage operations (Form No. 01);

b/ Fire fighting, rescue and salvage training certificate (Form No. 02);

c/ Record on fire fighting, rescue and salvage inspection (Form No. 03);

d/ Grassroots rescue and salvage plan (Form No. 04);

dd/ Rescue and salvage plan of the Fire Fighting- Rescue and Salvage Police (Form No. 05).

2. The Ministry of Public Security shall organize the printing and distribution of Form No. 02.

Heads of agencies, organizations or establishments shall provide funds for and organize the printing, distribution, management, guidance of the use of Forms No. 01, 03, 04 and 05 referred to in Clause 1 of this Article to subjects under their management.

3. To replace the phrase “certificate of fire fighting training” with the phrase “certificate of fire fighting and rescue and salvage training” in Clause 3, Article 34 of the Government’s Decree No. 79/2014/ND-CP of July 31, 2014, detailing a number of articles of the Fire Prevention and Fighting Law and the Law Amending and Supplementing a Number of Articles of the Fire Prevention and Fighting Law.

Article 44.Effect

1. This Decree takes effect on October 4, 2017. The Prime Minister’s Decision No.44/2012/QD-TTg of October 15, 2012, on rescue and salvage activities of fire brigades will cease to be valid on the date this Decree takes effect.

2. The fire fighting training certificates already granted under the Government’s Decree No.79/2014/ND-CP of July 31, 2014, detailing a number of articles of the Fire Prevention and Fighting Law and the Law Amending and Supplementing a Number of Articles of the Fire Prevention and Fighting Law remain to be valid until they expire.

Article 45.Implementation responsibility

1. The Minister of Public Security shall examine and urge the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees and related organizations and individuals shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

* All the forms promulgated together with this Decree are not translated.