The Law on Fire Prevention and Fighting (FPF) was passed by the National Assembly of the Socialist Republic of Vietnam, 10th Legislature, 9th Session on June 29, 2001, and took effect from October 4, 2001. To implement the Law on FPF, the Government and the Ministry of Public Security have issued numerous guiding documents, such as: Decree 35/2003/ND-CP, Decree 46/2012/ND-CP, Circular 04/2004/TT-BCA.
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Over the past 12 years of implementing the Law on Fire Prevention and Fighting (PCCC), the demands of the country's socio-economic development have given rise to new issues in the work of PCCC. Some of these issues need to be adjusted and supplemented to strengthen state management effectiveness and emphasize the responsibility of all people towards PCCC activities. This aims to protect human life and health, safeguard state, organizational, and individual properties, protect the environment, and ensure social order and safety. Therefore, on November 22, 2013, the National Assembly of the Socialist Republic of Vietnam, Session XIII, 6th Meeting, approved the Law amending and supplementing several articles of the Law on Fire Prevention and Fighting (referred to as Law No. 40/2013/QH13), which takes effect from July 1, 2014. Law No. 40/2013/QH13 consists of 03 articles: Article 1 with 33 clauses, Article 2 with 02 clauses, and Article 3 with 02 clauses.
This amendment and supplementation of the law introduce 14 noteworthy new regulations specified in Article 1 of Law No. 40/2013/QH13. To be specific:
Regarding the responsibility of heads of agencies, organizations, households, and individuals in PCCC work (Clause 2): Clearly specifies the responsibilities of heads of agencies, organizations, households, and individuals in PCCC work to raise awareness and responsibility among these entities about PCCC work.
Regarding propaganda responsibilities (Clause 3) supplementing regulations: “The state management agency for education and training, within the scope of its duties and powers, is responsible for integrating knowledge and skills on PCCC into teaching programs and extracurricular activities in schools and other educational institutions appropriate to each level and type of education.
Regarding the promulgation and application of standards and regulations (Clause 4): Necessary regulations have been added regarding the promulgation and application of standards and regulations that the Law on Standards and Regulations of 2006 has not covered. Based on these regulations, the application of national standards on PCCC becomes mandatory, and standards and regulations related to PCCC must be consulted with the Ministry of Public Security. Additionally, the application of foreign standards and regulations must be approved by the Ministry of Public Security.
Regulations on PCCC service business (Clause 6): This new regulation aims to promote private investment in PCCC and bring PCCC service activities under the strict management of security and order management agencies. It includes a requirement for each enterprise in this field to have personnel trained in PCCC; proposes that the Government of Vietnam assigns the Ministry of Public Security to stipulate the issuance of PCCC practice certificates and specific conditions for organizing PCCC service businesses (currently, PCCC design supervision and chief design certificates are issued by the Department of Construction).
Regimes and policies for participants in firefighting (Clause 7): Adds regulations for participants in firefighting (not part of any PCCC force) to receive policies for material support when participating in firefighting as regulated by the Government of Vietnam.
Regarding fire prevention for industrial zones, export processing zones, and high-tech parks (Clause 12): Assigns the Government of Vietnam to specify the scale of industrial zones, export processing zones, and high-tech parks that must establish on-site PCCC teams operating according to specialized policies; stipulates the provision of fire engines and firefighting equipment appropriate to the PCCC plan for the entire zone.
Regarding fire prevention for some specific constructions of PCCC:
- Fire prevention for steel frame and metal roof houses (Clause 14): Adds regulations to increase the fire resistance and limit the collapse of steel frame metal roof constructions in case of fire to effectively support firefighting efforts. At the same time, assigns ministries and central authorities to study, promulgate, and announce standards and regulations for this type of construction.
- Fire prevention for nuclear facilities (Clause 16): This type of facility has special PCCC requirements, and in the near future, nuclear power plants will appear. Therefore, specific regulations are needed to ensure PCCC safety for this type of facility.
- Fire prevention for markets (Clause 17): Adds regulations that owners of businesses dealing in flammable and explosive goods in markets must equip fire extinguishing tools and on-site firefighting means (in addition to common firefighting equipment).
- Fire prevention for production facilities, weapons and explosive material warehouses, and support tools: Current legal documents prescribe regulations for this type of facility. To ensure fire and explosion safety, the amendment and supplementation of several provisions of the PCCC Law provide more specific regulations for organizing PCCC work. To be specific: “Production facilities, weapons and explosive material warehouses, and support tools must ensure fire and explosion safety; have a safety perimeter for residential areas and public works.”
Regarding firefighting plans (Clause 20): The amendment adds regulations for 02 types of plans: One type is the On-Site Firefighting Plan, utilizing available forces and means (this plan is developed by the facility), and the other type is developed by the Firefighting Police. This regulation addresses the issue of assigning facilities to develop plans that involve mobilizing forces and means from the Firefighting Police and various sectors and levels.
Regarding specialized PCCC forces (Clause 25): Adds regulations requiring some industry-related facilities to establish specialized PCCC teams, including: Nuclear facilities; airports, seaports; oil and gas exploitation and processing facilities; coal mining facilities; weapons and explosive material production facilities and warehouses.
Regarding policies for civil defense and on-site PCCC forces (Clause 26): Adds regulations that civil defense team leaders and deputy leaders, and non-specialized on-site PCCC team members, receive regular support policies as stipulated by the Government of Vietnam.
Regarding voluntary fire prevention and fighting: Clause 27, Article 1 of Law No. 40 supplements regulations on voluntary PCCC forces: “Volunteers participating in fire prevention and fighting are added to the civil defense team or the on-site PCCC team.”
Regarding the organization of the Firefighting Police (Clause 28): Adds regulations affirming that the Fire Prevention and Fighting Police belong to the People's Public Security Force, “The Fire Prevention and Fighting Police is part of the People's Public Security Force, an armed force unit managed uniformly from the central to the local levels.”
Regarding budget for PCCC activities in localities (Clause 30): Adds regulations that “In the annual defense and security budget expenditure list of all levels of people's committees, there must be content related to PCCC work.” This regulation addresses situations where some localities have no basis for budgeting for PCCC activities, especially at the district and communal levels.
Regarding resolving the issue of facilities not meeting PCCC requirements put into operation before the enactment of the Law on Fire Prevention and Fighting No. 27/2001-QH10: Most facilities put into operation before the PCCC Law and its guiding documents came into effect do not meet PCCC requirements, escape conditions, and currently have a high risk of fire (particularly markets, high-rise buildings, production facilities, and warehouses in industrial zones). Several large fires have occurred at these facilities. Notably, some chemical facilities, oil and gas storage and processing facilities located in residential areas must have relocation or renovation plans to ensure a safe distance. The amendment assigns provincial people's councils to promulgate plans to resolve and address these issues, which is necessary and appropriate.
Additionally, this amendment aims to clarify regulations, increase enforceability, and align with Vietnam's legal document system. This includes: amending Article 3 of the PCCC Law on terminology interpretation; amending and supplementing regulations on compulsory fire and explosion insurance; adding some prohibited acts; strengthening fire prevention in residential areas, forests; enhancing fire safety conditions for some specific constructions such as high-rise buildings, aquatic constructions, underground constructions, tunnels, mineral exploitation tunnels, electrical structures, ports, train stations, bus stations; amending regulations to unify the fire reporting phone number as 114 nationwide; assigning adjacent local people's committees to develop fire prevention cooperation plans and regulations; regulating fire commanders; adding regulatory assignments to the Firefighting and Rescue Police force for important PCCC&RCH functions to avoid assigning them to other forces; amending and supplementing tax incentive policies for organizations and individuals producing, assembling PCCC&RCH equipment; amending and supplementing some management duties and functions in state management over PCCC&RCH.
Source: Electronic Portal of Ha Tinh Provincial Police
