Thông tư 150/2020/TT-BCA

CIRCULAR

ON PROVISION OF FIRE PREVENTION AND FIGHTING AND RESCUE EQUIPMENT TO NEIGHBORHOOD WATCHES, INTERNAL FIREFIGHTING FORCES AND SPECIALIZED FIREFIGHTING FORCES

Pursuant to the Law on Fire Prevention and Fighting dated June 29, 2001 and  Law on Amendments to Law on Fire Prevention and Fighting dated November 22, 2013;

Pursuant to the Government’s Decree No. 83/2017/ND-CP dated July 18, 2017 on rescue operations by fire departments;

Pursuant to the Government’s Decree No. 01/2018/ND-CP dated August 06, 2018 on functions, duties, powers and organizational structure of the Ministry of Public Security;  

Pursuant to the Government’s Decree No. 136/2020/ND-CP dated November 24, 2020 providing guidelines for a number of Articles of Law on Fire Prevention and Fighting and Law on Amendments to Law on Fire Prevention and Fighting;

At the request of the Director General of Police Department of Fire Prevention and Fighting and Rescue;

The Minister of Public Security hereby promulgates a Circular on provision of fire prevention and fighting and rescue equipment to neighborhood watches, internal firefighting forces and specialized firefighting forces.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular provides for lists and quantities of fire prevention and fighting and rescue equipment provided for neighborhood watches, internal firefighting forces and specialized firefighting forces, and funding and responsibility of relevant regulatory bodies, organizations and individuals for such provision.

Article 2. Regulated entities

This Circular is applicable to:

1. Neighborhood watches;

2. Internal firefighting forces;

3. Specialized firefighting forces;

4. Police authorities;

5. Regulatory bodies, organizations and individuals involved in provision of fire prevention and fighting and rescue equipment to neighborhood watches, internal firefighting forces and specialized firefighting forces.

Article 3. Rules for provision of fire prevention and fighting and rescue equipment to neighborhood watches, internal firefighting forces and specialized firefighting forces

1. Comply with the regulations herein and other relevant regulations of law.

2. Ensure quality and efficiency of fire prevention and fighting and rescue operations of neighborhood watches, internal firefighting forces and specialized firefighting forces.

3. Ensure that the equipment meet applicable standards, is used for the intended purpose and is provided for the intended users.

4. Provide the equipment as appropriate to local budget capacity and funding capacity of facilities.

Chapter II

PROVISION OF FIRE PREVENTION AND FIGHTING AND RESCUE EQUIPMENT TO NEIGHBORHOOD WATCHES, INTERNAL FIREFIGHTING FORCES AND SPECIALIZED FIREFIGHTING FORCES

Article 4. List and quantities of fire prevention and fighting and rescue equipment provided for neighborhood watches

1. List and quantities of fire prevention and fighting and rescue equipment provided for 01 neighborhood watch are included in Appendix 1 enclosed therewith.

2. Depending on geographic features, business and living conditions and requirements for fire prevention and fighting and rescue operations of each commune-level administrative unit under its management and local budget capacity, a neighborhood watch may be provided with other necessary fire prevention and fighting and rescue equipment mentioned in Appendix VI enclosed with Decree No. 136/2020/ND-CP dated November 24, 2020 providing guidelines for a number of Articles of Law on Fire Prevention and Fighting and Law on Amendments to Law on Fire Prevention and Fighting (hereinafter referred to as “Decree No. 136/2020/ND-CP”).

3. Based on list and quantities of fire prevention and fighting and rescue equipment provided for 01 neighborhood watch in Appendix I enclosed therewith and actual requirements for fire prevention and fighting and rescue operations of each commune-level administrative unit under their management, police authorities shall advise the People's Committee at the same level to propose quantity of required fire prevention and fighting and rescue equipment and other necessary equipment provided for neighborhood watches to the People's Council at the same level for consideration and decision.

Article 5. List and quantities of fire prevention and fighting and rescue equipment provided for internal firefighting forces and specialized firefighting forces

1. List and quantities of fire prevention and fighting and rescue equipment provided for internal firefighting forces and specialized firefighting forces are included in Appendix II and Appendix III enclosed therewith. The third, fourth, fifth and sixth equipment mentioned in Appendix II and Appendix III shall be provided based on the number of members of each force but no lower than the required quantity and as suitable for the fire and explosion hazards faced by each facility.

2. For facilities equipped with specialized motor vehicles for fire prevention and fighting and rescue operations, type and quantity of fire prevention and fighting and rescue equipment provided for these motor vehicles shall conform to applicable standards and regulations.

3. Based on characteristics of business operations and requirements for fire prevention and fighting and rescue operations of facilities under their management, heads of supervisory bodies of facilities shall consider and decide quantities of fire prevention and fighting and rescue equipment provided for internal firefighting forces and specialized firefighting forces according to regulations in Appendix II and Appendix III enclosed therewith, and consider and decide to provide specific equipment for titles of neighborhood watches, internal firefighting forces and specialized firefighting forces while they are on duty.

4. Besides the lists of fire prevention and fighting and rescue equipment provided for internal firefighting forces and specialized firefighting forces included in Appendix II and Appendix III enclosed with this Circular, based on characteristics and levels of fire and explosion hazards faced by facilities under their management and funding capacity, heads of supervisory bodies of facilities may decide to provide other necessary fire prevention and fighting and rescue equipment mentioned in Appendix VI enclosed with Decree No. 136/2020/ND-CP for internal firefighting forces and specialized firefighting forces under their management.

Article 6. Funding for provision of fire prevention and fighting and rescue equipment to neighborhood watches, internal firefighting forces and specialized firefighting forces

1. Provision of fire prevention and fighting and rescue equipment to neighborhood watches shall be funded according to regulations in Points b and c Clause 4 Article 48 of Decree No. 136/2020/ND-CP and Point c Clause 1 Article 29 and Clause 2 Article 42 of Decree No. 83/2017/ND-CP .

2. Heads of supervisory bodies of facilities shall ensure funding for provision of fire prevention and fighting and rescue equipment to internal firefighting forces and specialized firefighting forces according to regulations in Clause 2 Article 31 of Decree No. 136/2020/ND-CP and Point b Clause 1 Article 29 and Clause 2 Article 42 of Decree No. 83/2017/ND-CP .

Provision of fire prevention and fighting and rescue equipment to internal firefighting forces and specialized firefighting forces of state-funded regulatory bodies and organizations shall be covered by state budget according to regulations of the Law on State Budget.

Chapter III

IMPLEMENTATION

Article 7. Effect

1. This Circular takes effect from February 20, 2021 and supersedes Circular No. 56/2014/TT-BCA .

2. Neighborhood watches, internal firefighting forces and specialized firefighting forces provided with fire prevention and fighting and rescue equipment in quantity equal to or higher than the required quantity stated in this Circular before the entry into force of this Circular may continue to use this amount of equipment until replacement is needed; otherwise, they shall be provided with fire prevention and fighting and rescue equipment according to regulations of this Circular. Organizations and individuals are encouraged to invest in fire prevention and fighting and rescue equipment to promote privatization of fire prevention and fighting operations.

Article 8. Implementation responsibilities

1. Director General of Police Department of Fire Prevention and Fighting and Rescue shall direct, inspect and expedite implementation of this Circular.

2. Provincial police authorities shall:

a) Provide guidelines for compliance with regulations on provision of fire prevention and fighting and rescue equipment to neighborhood watches, internal firefighting forces and specialized firefighting forces, inspect such compliance and submit an annual report to the Ministry of Public Security (via Police Department of Fire Prevention and Fighting and Rescue) at the end of November every year.

b) Consolidate and report proposed amendments to lists and quantities of fire prevention and fighting and rescue equipment provided for neighborhood watches, internal firefighting forces and specialized firefighting forces to the Ministry of Public Security (via Police Department of Fire Prevention and Fighting and Rescue).

c) Advise the People's Committee at the same level on promulgation of regulations on management and use of fire prevention and fighting and rescue equipment for neighborhood watches of localities under their management, including regulations on equipment management and use; responsibilities of commune-level People’s Committees and neighborhood watches provided with and using the equipment; requirements for and responsibilities of equipment users; requirements for and responsibilities of equipment storage managers; titles of neighborhood watches permitted to use the equipment and types of equipment provided and used; and other relevant matters.

3. Heads of entities affiliated to the Ministry of Public Security, heads of provincial police authorities and relevant organizations and individuals shall implement this Circular.

Any difficulty arising during the implementation of this Circular should be reported to the Ministry of Public Security (via Police Department of Fire Prevention and Fighting and Rescue) for timely guidance./.

APPENDIX I

LIST AND QUANTITIES OF FIRE PREVENTION AND FIGHTING AND RESCUE EQUIPMENT PROVIDED FOR 01 NEIGHBORHOOD WATCH

(Enclosed with Circular No. 150/2020/TT-BCA dated 31/12/2020 by Ministry of Public Security)

APPENDIX II

LIST AND QUANTITIES OF FIRE PREVENTION AND FIGHTING AND RESCUE EQUIPMENT PROVIDED FOR 01 INTERNAL FIREFIGHTING FORCE

(Enclosed with Circular No. 150/2020/TT-BCA dated 31/12/2020 by Minister of Public Security)

APPENDIX III

LIST AND QUANTITIES OF FIRE PREVENTION AND FIGHTING AND RESCUE EQUIPMENT PROVIDED FOR 01 SPECIALIZED FIREFIGHTING FORCE

(Enclosed with Circular No. 150/2020/TT-BCA dated 31/12/2020 by Minister of Public Security)