Cases Considered Criminal Offenses in Fire Prevention and Fighting According to Resolution 02
What cases are considered crimes related to fire prevention and fighting according to the guidance in Resolution 02?
On May 24, 2024, the Judicial Council of the People's Supreme Court issued Resolution 02/2024/NQ-HDTP.
Resolution 02/2024/NQ-HDTP provides guidance on the application of provisions in Article 313 of the Criminal Code 2015 regarding the crime of violating regulations on fire prevention and fighting (PCCC).
In Article 2 of Resolution 02/2024/NQ-HDTP, the violations of fire prevention and fighting regulations stipulated in Article 313 of the Criminal Code 2015 are outlined as follows:
- Acts violating fire prevention and fighting regulations as per the Fire Prevention and Fighting Law.
- Acts violating fire prevention and fighting regulations as per other relevant laws.
Cases where violations of PCCC regulations could realistically lead to consequences if not promptly prevented (prosecuted under Clause 4, Article 313 of the Criminal Code 2015) include the following:
(1) No fire has occurred, but if not promptly prevented, a fire is certain to occur, causing damage.
(2) A fire has occurred and is certain to cause damage, but due to prompt prevention, the damage is below the threshold specified in Clause 1, Article 313 of the Criminal Code 2015.
If the offender is performing work that must comply with safety regulations on labor, occupational hygiene, and safety in crowded places, but violates these regulations causing a fire and damage, they will also be prosecuted under Article 313 for violating PCCC regulations (not prosecuted under Article 295 for violating labor safety regulations).
If the offender commits multiple acts of offense, where each offense fulfills all crime elements but has not been prosecuted criminally and the statute of limitations has not expired, in addition to being subjected to the corresponding penalty frame for the total damages of all offenses, the offender will also be subjected to the aggravating circumstance of "committing the crime two or more times."
What cases are considered crimes related to fire prevention and fighting according to the guidance in Resolution 02?
What are the administrative penalties for acts causing fire and explosions?
Article 51 of Decree 144/2021/ND-CP specifies the administrative penalties for acts of causing fire and explosions as follows:
- A warning or a fine ranging from VND 100,000 to VND 300,000 for acts violating fire safety regulations causing fire, explosion, and property damage of less than VND 20,000,000.
- A fine ranging from VND 1,000,000 to VND 3,000,000 for acts violating fire safety regulations causing fire, explosion, and property damage between VND 20,000,000 and less than VND 50,000,000.
- A fine ranging from VND 3,000,000 to VND 5,000,000 for acts violating fire safety regulations causing fire, explosion, and property damage between VND 50,000,000 and less than VND 100,000,000.
- A fine ranging from VND 5,000,000 to VND 10,000,000 for the following acts:
+ Violating fire safety regulations causing fire, explosion, and property damage over VND 100,000,000;
+ Violating fire safety regulations causing injury or health damage to one person with a body injury rate below 61%;
+ Violating fire safety regulations causing injury or health damage to two or more people with a total body injury rate below 61%.
* Remedial measures
Requiring to pay all medical examination and treatment costs for the following violations:
+ Violating fire safety regulations causing injury or health damage to one person with a body injury rate below 61%;
+ Violating fire safety regulations causing injury or health damage to two or more people with a total body injury rate below 61%.
*Note: The above fine levels are applicable to individual administrative violations. For organizations committing the same violations, the fine is double the amount applicable to individuals.
What are the requirements and contents that a firefighting plan must ensure?
Based on Clause 2, Article 19 of Decree 136/2020/ND-CP, the firefighting plan must ensure the following basic requirements and contents:
- Highlight the nature, hazardous characteristics of fire, explosion, toxicity, and conditions related to firefighting activities;
- Propose the most complex fire scenario and several other typical fire scenarios that may occur, and the development potential of the fire at different levels;
- Propose plans to mobilize, utilize forces, vehicles, command organization, technical measures, firefighting tactics, and other supporting tasks suitable for each stage of each fire scenario;
- The firefighting plan must be promptly supplemented and revised and re-approved by competent authority when there are significant changes in scale, nature, fire, explosion, toxicity hazards, and conditions related to firefighting activities.
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