THE PRESIDENT
Order No. 15/2013/L-CTN of December 4, 2013, on the promulgation of law
THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM
Pursuant to Articles 103 and 106 of the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001 of the Xth National Assembly, the 10th session;
Pursuant to Article 91 of the Law on Organization of the National Assembly;
Pursuant to Article 57 of the Law on Promulgation of Legal Documents,
PROMULGATES:
The Law Amending and Supplementing a Number of Articles of the Law on Fire Prevention and Fighting, which was passed on November 22, 2013, by the XIIIth National Assembly of the Socialist Republic of Vietnam at its 6th session.
President of the Socialist Republic of Vietnam
TRUONG TAN SANG
Law Amending and Supplementing a Number of Articles of the Law on Fire Prevention and Fighting
(Law No. 40/2013/QH13)
Pursuant to the Constitution of the Socialist Republic of Vietnam;
The National Assembly promulgates the Law Amending and Supplementing a Number of Articles of Law No. 27/2001/QH10 on Fire Prevention and Fighting.
Article 1. To amend and supplement a number of articles of the Law on Fire Prevention and Fighting:
1. To amend and supplement Clause 3 and Clause 6 of Article 3 as follows:
“3. Establishment means a production and/or business location, public work, working office, condominium or another independent facility as listed by the Government.”
“6. Grassroots fire prevention and fighting team means an organization of persons tasked to prevent and fight fires at an establishment, which operates on a full-time or part-time basis.”
2. To amend and supplement Clause 3; to add Clause 3a and Clause 3b below Clause 3, of Article 5 as follows:
“3. Heads of agencies or organizations shall, within the ambit of their tasks and powers, have the responsibilities:
a/ To organize the propagation and dissemination of knowledge about fire prevention and fighting; to build up the movement of all people participating in fire prevention and fighting; to establish and maintain the operation of fire prevention and fighting teams as prescribed by law;
b/ To promulgate according to competence fire prevention and fighting regulations and measures;
c/ To organize the implementation and inspect and supervise the observance of regulations on fire prevention and fighting;
d/ To ensure funds for fire prevention and fighting activities, to use fire prevention and fighting funds for proper purposes; to equip and maintain the working conditions of fire prevention and fighting tools and means; to prepare conditions for fire prevention and fighting; to formulate and practice plans on fire prevention and fighting; to ensure conditions for professional training in fire prevention and fighting; to organize fire fighting and remedy fire consequences;
dd/ To perform other fire prevention and fighting tasks as defined by law.
3a. The head of a household has the responsibilities:
a/ To urge and often remind household members to observe the law on fire prevention and fighting;
b/ To regularly examine, detect and promptly address fire and explosion risks;
c/ To coordinate with agencies, organizations and other households in ensuring safety conditions for fire prevention and fighting; to strictly manage and safely use flammable and explosive substances.
3b. A person has the responsibilities:
a/ To abide by fire prevention and fighting regulations, rules and requirements of competent persons or agencies;
b/ To observe the law and firmly grasp necessary knowledge about fire prevention and fighting; to know how to use common fire prevention and fighting tools and means;
c/ To ensure fire prevention and fighting safety in the course of using flame and heat sources, flame- and heat-generating equipment and tools and in the preservation and use of flammable substances;
d/ To stop the direct danger of causing fire and acts of violating regulations on fire prevention and fighting safety;
dd/ To implement other provisions related to personal responsibilities in this Law.”
3. To amend and supplement Clause 2; to add Clause 2a below Clause 2, of Article 6 as follows:
“2. Agencies, organizations and households have the responsibility to organize and implement the propagation and popularization of fire prevention knowledge and skills.
2a. Agencies performing the state management of education and training shall, within the ambit of their tasks and powers, provide the inclusion of fire prevention and fighting knowledge and skills in curricula and extra-curriculum activities at schools and other educational institutions suitable to each educational discipline and level.”
4. To amend and supplement Article 8 as follows:
“Article 8. To promulgate and apply technical norms and standards on fire prevention and fighting
1. Fire prevention and fighting activities must comply with national technical regulations.
2. Competent state agencies shall promulgate technical regulations on fire prevention and fighting after reaching agreement with the Ministry of Public Security.
3. Competent agencies or organizations shall formulate and promulgate national standards and base standards on fire prevention and fighting after reaching agreement with the Ministry of Public Security.
4. Application of Vietnamese standards on fire prevention and fighting:
a/ The application of national standards on fire prevention and fighting is compulsory;
b/ Fire prevention and fighting norms must conform with the national technical regulations on fire prevention and fighting;
c/ The synchronism and feasibility of the system of applicable standards must be ensured.
5. Foreign standards and international standards on fire prevention and fighting may be applied in Vietnam in the following cases:
a/ The foreign standards or international standards are defined in treaties to which Vietnam is a contracting party;
b/ The foreign standards or international standards on fire prevention and fighting safety are higher than Vietnamese standards or conform with the practical requirements of Vietnam and are approved in writing by the Ministry of Public Security.
6. For requirements on fire prevention and fighting without technical standards and regulations, the guidance of competent state management agencies in charge of fire prevention and fighting applies.”
5. To amend and supplement Article 9 as follows:
“Article 9. Fire and explosion insurance
The State shall encourage agencies, organizations and individuals to participate in fire and explosion insurance. Establishments vulnerable to fires and explosion are subject to compulsory fire and explosion insurance for their own property.
The Government shall define and promulgate a list of establishments vulnerable to fires and explosions; fire and explosion insurance conditions and premium levels and the minimum insurance money amount.”
6. To add Article 9a below Article 9 as follows:
“Article 9a. Fire prevention and fighting service business
1. Fire prevention and fighting service business is a conditional business line, covering:
a/ Designing consultancy, appraisal consultancy, supervision consultancy; technical inspection and accreditation consultancy; building and installation of fire prevention and fighting systems; consultancy on fire prevention and fighting technology transfer; manufacture and assembly of fire prevention and fighting means and equipment;
b/ Training and guidance on fire prevention and fighting operations;
c/ Trading in fire prevention and fighting means, equipment and supplies.
2. Fire prevention and fighting service business must fully satisfy the following conditions:
a/ Heads of fire prevention and fighting service enterprises and at-law representatives of fire prevention and fighting service business establishments must hold diplomas and/or certificates relevant to business operations;
b/ Having physical foundations, means, equipment and conditions to ensure the business operations.
3. The Government shall detail this Article.”
7. To amend and supplement Article 10 as follows:
“Article 10. Regimes and policies for fire-fighting participants
Fire-fighting participants are entitled to material benefits; in case of death, injury, health damage or property loss, they are entitled to regimes and policies as prescribed by law.”
8. To amend and supplement Clauses 3, 5, 6, 7 and 8; to add Clause 4a below Clause 4 and Clause 5a below Clause 5, of Article 13 as follows:
“3. Taking advantage of fire prevention and fighting to infringe upon human lives or health or upon the property of the State, agencies, organizations or individuals.”
“4a. Failing to alarm fires when conditions permit; delaying fire alarms.
5. Illegal production, storage, transportation, use of, or trading in, dangerous flammable explosive substances.
5a. Illegal carriage of flammable and explosive commodities and substances into crowded places.
6. Construction of works in danger of fire and explosion, high-rises and trade centers without approved fire prevention and fighting designs; pre-acceptance inspection and operation of works in danger of fire and explosion, high-rises or trade centers when fire prevention and fighting conditions are not fully met.
7. Appropriating, destroying, damaging, changing or removing without permission, concealing fire prevention and fighting means, equipment, signboards, instruction boards, obstructing exits.
8. Other acts violating the law on fire prevention and fighting.”
9. To amend and supplement Clause 2 of Article 17 as follows:
“2. Villages, hamlets, mountain hamlets, municipal population groups (below collectively referred to as villages) shall work out fire prevention and fighting regulations and rules on the use of electricity, flame, inflammables, explosives; draw up solutions to stop fires based on their practical conditions; and formulate plans, possess forces and means, roads and water sources for fire prevention and fighting.”
10. To amend and supplement Clause 2 of Article 18 as follows:
“2. Motor vehicles with special requirements on fire prevention and fighting safety, when being newly built or transformed, may obtain technical safety and environmental protection certificates from inspection agencies only when their fire prevention and fighting designs are approved and pre-acceptance tested.
The Government shall define types of motor vehicles with special requirements on fire prevention and fighting safety.”
11. To add Clause 1a below Clause 1; to amend and supplement Clauses 2 and 4, of Article 19 as follows:
“1a. People’s Committees at all levels and forest owners shall take fire prevention measures suitable to forest fire warning degrees.
2. Forest development master plans and projects must include fire prevention and fighting solutions applicable to each type of forest.”
“4. Agencies, organizations, households and individuals, when operating in forests or at forest edges, shall comply with the law on fire prevention and fighting.”
12. To amend and supplement Article 21 as follows:
“Article 21. Fire prevention for industrial parks, export processing zones and hi-tech parks
1. Industrial parks, export procesing zones and hi-tech parks shall work out fire prevention and fighting plans for their entire areas, build and maintain systems of fire prevention and fighting technical infrastructures and organize fire prevention and fighting forces and means according to fire prevention and fighting plans.
2. Establishments operating in industrial parks, export processing zones or hi-tech parks shall formulate their own fire prevention and fighting plans and establish grassroots fire prevention and fighting teams.
3. The Government shall detail this Article.”
13. To amend and supplement the title of Article 22 and the contents of Clauses 2, 3 and 4 of Article 22 as follows:
“Article 22. Fire prevention in exploitation, processing, production, transportation, trading, use and preservation of petroleum products, gas, chemicals, supplies and other commodities in danger of explosion”
“2. Storehouses, systems of transportation of petroleum products, gas, fire and explosion- prone chemicals and facilities processing petroleum products, gas and chemicals in danger of explosion must be constructed with systems of alarming and regulating steam or gas strength vulnerable to fire or explosion; and measures must be worked out to protect storage tanks, equipment and pipelines against cracking or breaking incidents.
3. Establishments trading in petroleum products, gas and ex-warehousing chemicals in danger of fire and explosion must ensure fire prevention and fighting safety for adjacent works. The ex-warehousing, warehousing and transportation of petroleum products, gas and chemicals in danger of fire and explosion must comply with regulations on fire prevention and fighting safety.
4. Organizations and individuals producing, trading in, providing services on, supplying, transporting supplies and commodities in danger of fire and explosion must fully meet the conditions on fire prevention and fighting safety, print technical specifications on goods labels and have instruction papers on fire prevention and fighting safety in Vietnamese.”
14. To amend and supplement Article 23 as follows:
“Article 23. Fire prevention for high-rises, floating works, underground works, tunnels, minerals pits, steel-frame and corrugated iron-roof houses
1. High-rises must be accompanied with solutions against fire spread, smoke accumulation, smoke spread and poisonous gases generated from fires, ensure exit safety conditions to rescue people and property upon fires; be equipped with automatic fire detection system as well as fire-fighting means and systems ensuring self-fire fighting capability; be built with fire-proof materials and not interior-decorated with inflamable sound-proof and heat-resistant materials.
2. Floating works with fire and explosion danger must be accompanied with anti-fire spread solutions, self- fire fighting plans, forces and means.
3. Underground works, tunnels and mineral pits must be equipped with means to detect and handle burning gas and poisonous gases, with ventilation systems, be accompanied with anti-fire spread solutions and conditions for safe exit, with forces and means to be deployed for rescue of people and property and for fire fighting.
4. Steel-frame and corrugated iron-roof houses used as production places, storages of flammable and explosive commodities must be accompanied with solutions to combat fire spread and restrict collapses upon fires.”
15. To amend and supplement Clause 1 of Article 24 as follows:
“1. Power plants and power grids must be accompanied with measures to actively handle fire-causing incidents.”
16. To add Article 24a below Article 24 as follows:
“Article 24a. Fire prevention for nuclear establishments
1. Fire prevention for nuclear establishments must satisfy the following requirements:
a/ Having fire prevention and fighting systems up to the fire prevention and fighting safety regulations and standards applicable to nuclear establishments;
b/ People working at nuclear establishments must be trained and fostered in fire prevention and fighting skills suitable to their work nature;
c/ Full-time fire prevention and fighting teams are furnished with equipment suitable to the peculiarities of their establishments;
d/ Other fire prevention and fighting safety conditions.
2. The Government shall detail the formulation and practice of fire-fighting, rescue and salvage plans for nuclear establishments.”
17. To amend and supplement Clause 1 of Article 25 as follows:
“1. At market places and trade centers, the electricity system serving business activities must be separated from the security- and fire-fighting electricity system; business households and business lines must be arranged to meet the fire prevention and fighting safety requirements; there must be exit ways and plans on exit and removal of commodities upon occurrence of a fire; there must be fire-alarming and fire-fighting systems and solutions against fire spread, suitable to their respective sizes and operation nature. Flammable and explosive commodity traders must possess instruments and means for on-spot fire fighting.”
18. To amend and supplement Article 26 as follows:
“Article 26. Fire prevention for airports, sea ports, inland water ports, railway stations, car terminals
Airports, sea ports, inland water ports, railway stations and car terminals must be equipped with fire prevention and fighting means up to fire prevention and fighting safety regulations and standards; be accompanied with plans for exit, removal of means, supplies and commodities upon occurrence of a fire.”
19. To add Article 27a below Article 27 as follows:
“Article 27a. Fire and explosion prevention and fighting for weapon, explosive and supporting instrument- producing establishments, warehouses
Weapon, explosive and supporting instrument- producing establishments and warehouses must ensure fire and explosion prevention and fighting safety, and be built with safety belts, ensuring safe distance for residential and adjacent works.”
20. To amend and supplement Article 31 as follows:
“Article 31. Making and practice of fire-fighting plans
1. Chairpersons of commune-level People’s Committees, heads of establishments, forest owners, owners of motor vehicles with special fire prevention and fighting safety requirements shall, within the ambit of their management, organize the making of fire-fighting plans, using on-spot forces and means for their villages, establishments, forests or vehicles.
2. Chairpersons of commune-level People’s Committees, heads of establishments or residential quarters where exist high fire and explosion danger shall coordinate with fire-fighting police offices in making and practicing fire-fighting plans for the establishments or residential quarters under their management as guided by the Ministry of Public Security.
3. Fire-fighting police offices shall make fire-fighting plans for establishments and residential quarters where exists high fire and explosion danger and require the mobilization of forces and means of fire-fighting police and various agencies, organizations or localities.
4. Fire-fighting plans must be approved by competent authorities. Forces and means included in the plans shall fully participate in the practice when being mobilized.
5. The Minister of Public Security shall prescribe establishments and residential quarters with high fire and explosion danger and the competence to approve fire-fighting plans and the fire-fighting plan practice duration.”
21. To amend and supplement Article 32 as follows:
“Article 32. Fire- alarming and fire- fighting information
Fire-alarming information is provided through order or telephone.
The fire-alarming telephone number used nationwide is 114. Communication means must be prioritized for fire alarming and fire fighting.”
22. To add Clause 4a below Clause 4 of Article 33 as follows:
“4a. The People’s Committees of adjacent localities shall formulate coordination plans and organize forces for participation in fire fighting upon request.”
23. To amend and supplement Clause 1 of Article 37 as follows:
“1. Upon occurrence of a fire, the person with the highest position in the fire-fighting police unit present at the place where a fire occurs is the fire-fighting commander.”
24. To amend and supplement Clause 3 of Article 43 as follows:
“3. Specialized fire prevention and fighting forces;”
25. To amend and supplement Article 44 as follows:
“Article 44. Establishment and management of civil-guard teams, grassroots fire prevention and fighting teams, specialized fire prevention and fighting teams
1. In villages, civil guard teams shall be established under decisions of, and managed by, the commune-level People’s Committee chairpersons.
2. At establishments, grassroots fire prevention and fighting teams shall be set up under decisions of, and managed by, the heads of agencies or organizations.
3. Specialized fire prevention and fighting teams are grassroots fire prevention and fighting teams set up under decisions of, and managed by, heads of agencies or organizations to meet the peculiar operation requirements of the establishments.
A specialized fire prevention and fighting team must be set up at the following establishments:
a/ Nuclear establishments;
b/ Airports, seaports;
c/ Petroleum and gas exploiting and processing establishments;
d/ Coal mining establishments;
dd/ Weapon and explosive-producing establishments and warehouses;
e/ Other establishments defined by the Minister of Public Security.
4. Decisions on establishment of civil-guard teams, grassroots fire prevention and fighting teams or specialized fire prevention and fighting teams shall be sent by the issuing agencies to the fire-fighting police offices managing such areas.”
26. To amend and supplement Article 46 as follows:
“Article 46. Training, fostering, directing, inspecting, professionally guiding and mobilizing and regimes and policies applicable for civil-guard, grassroots fire prevention and fighting, specialized fire prevention and fighting forces
1. Civil-guard, grassroots fire prevention and fighting, specialized fire prevention and fighting forces shall be trained in fire prevention and fighting operations; be subject to the direction, inspection and professional guidance of fire-fighting police agencies; and to the mobilization by competent authorities for participation in fire prevention and fighting activities.
2. Civil-guard, grassroots fire prevention and fighting, specialized fire prevention and fighting forces are entitled to regimes and policies during their professional training and direct participation in fire fighting.
3. Heads, deputy-heads of civil-guard teams and part-time grassroots fire prevention and fighting teams are entitled to the regular remuneration regime.
4. The Government shall detail Clauses 2 and 3 of this Article.”
27. To add Article 46a below Article 46 as follows:
“Article 46a. Voluntary fire prevention and fighting
1. Commune-level People’s Committees, heads of establishments and fire-fighting police forces shall create conditions for and encourage organizations and individuals to voluntarily participate in fire prevention and fighting.
2. Fire prevention and fighting volunteers are reinforced into civil-guard teams or grassroots fire prevention and fighting teams.”
28. To amend and supplement Clause 1 of Article 47 as follows:
“1. Fire-fighting police belongs to the People’s Public Security, being part of the armed forces, which shall be organized and managed uniformly from the central to local level.”
29. To amend and supplement Article 48 as follows:
“Article 48. Functions, tasks of the fire-fighting police force
1. Within the scope of their assigned tasks and powers, to advise and propose competent state agencies to promulgate, direct and organize the implementation of legal provisions on fire prevention and fighting.
2. To organize law propagation and dissemination; to guide the launch of movement of all people participating in fire prevention and fighting activities; to train in fire prevention and fighting skills and knowledge.
3. To apply fire prevention measures; to appraise, approve and accept fire prevention and fighting designs; to fight fires in time and efficiently.
4. To build fire prevention and fighting forces; to provide and manage fire prevention and fighting means and equipment.
5. To organize scientific research and application of scientific and technological advances in the field of fire prevention and fighting; to inspect, technically assess and certify the regulation conformity of means, equipment and commodities subject to strict requirements on fire prevention and fighting according to regulations.
6. To examine, inspect and handle acts of violating the law on fire prevention and fighting; to grant permits for transportation of commodities with fire and explosion danger as provided.
7. To conduct investigation in accordance with the law on organization of criminal investigations.
8. To perform other tasks as prescribed by law.”
30. To amend and supplement Clause 2 of Article 55 as follows:
“2. The State shall allocate fire prevention and fighting budgets for fire-fighting police force, state agencies, non-business units, armed forces and other units funded with the state budget.
The annual defense and security budget expenditure tasks of People’s Committees at all levels must cover fire prevention and fighting work.”
31. To amend and supplement Clause 2 of Article 56 as follows:
“2. The State shall adopt tax incentives toward organizations and individuals producing or assembling fire prevention and fighting means.”
32. To amend and supplement Clause 3 and Clause 7 of Article 57 as follows:
“3. To propagate, educate in and disseminate knowledge about fire prevention and fighting; to launch the movement of all people participating in fire prevention and fighting.”
“7. To appraise and approve fire prevention and fighting projects, designs and conduct pre-acceptance inspection of fire prevention and fighting facilities; to examine, technically assess and certify the regulation conformity of means, equipment, substances or commodities subject to strict requirements on fire prevention and fighting.”
33. To add Article 63a below Article 63 as follows:
“Article 63a. Handling of establishments which fail to meet fire prevention and fighting requirements and were commissioned before the effective date of Law No. 27/2001/QH10 on Fire Prevention and Fighting.
People’s Councils of provinces or centrally run cities shall prescribe the handling of establishments in their localities, which fail to meet fire prevention and fighting requirements and were commissioned before the effective date of Law No. 27/2001/QH10 on Fire Prevention and Fighting. For petroleum products, gas or flammable and explosive chemicals warehouses and processing facilities in residential areas or crowded places, there must be plans to remove them, ensuring the safety distance.”
Article 2.
1. To annul Clause 9 of Article 3.
2. To remove the phrase “hamlets, street groups” at Point b, Clause 2 of Article 37 and the title of Article 50; to remove the phrase “hamlet chiefs, street group leaders” at Point b, Clause 2 of Article 27; to remove the phrase “hamlet chiefs” at Point d, Clause 2 of Article 37 of Law No. 27/2001/QH10 on Fire Prevention and Fighting.
Article 3.
1. This Law takes effect on July 1, 2014.
2. The Government shall detail the articles and clauses assigned in the Law.
This Law was passed on November 22, 2013, by the XIIIth National Assembly of the Socialist Republic of Vietnam at its 6th session.-
Chairman of the National Assembly
NGUYEN SINH HUNG
Vietnamese
Law 40/2013/QH13 DOC (Word)
Law 40/2013/QH13 PDF (Original)
