Thông tư 39/2016/TT-BCA

CIRCULAR

ON THE RECEIPT AND PROCESSING OF FIRE NOTIFICATIONS AND THE DEPLOYMENT OF FIREFIGHTING ACTIVITIES OF THE FIRE POLICE

Pursuant to the Law of fire protection and prevention dated June 29, 2001, which was amended by the Law on amendments to certain articles of the Law of fire protection and prevention dated November 22, 2013 (hereinafter referred to the Law of fire protection and prevention);

Pursuant to the Decree No. 79/2014/ND-CP dated July 31, 2014 on the implementation of certain articles of the Law of fire protection and prevention and the Law on amendments to certain articles of the Law of fire and prevention (hereinafter referred to as the Decree No. 79/2014/ND-CP);

Pursuant to the Decree No. 106/2014/ND-CP dated November 17, 2014 on the functions, duties, authority and organizational structure of the Ministry of Public Security;

At the request of the Head of the Fire and Rescue Police Department;

Minister of Pubic Security promulgates the Circular on the receipt and processing of fire notifications and the deployment of firefighting activities of the fire police force.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular stipulates the principles and procedure for firefighting, command and formation of firefighting command units, and the firefighting duties of commissioned and non-commissioned firefighting officers and firefighters.

Article 2. Regulated entities

1. Commissioned and non-commissioned firefighting officers and firefighters (hereinafter referred to as officers) who are engaged in fire extinguishment.

2. Fire police units and local fire police departments.

3. Police units and local police departments.

Article 3. Principles of firefighting

1. Adhere to the Law of fire protection and prevention, guiding documents, this Circular and relevant legal regulations.

2. Maintain the safety of people, firefighting apparatus and victims while limiting damage to assets to the maximum extent.

3. Deploy local personnel and apparatus promptly and prioritize the rescue of people.

4. Maintain mobility, promptness and consistent command of firefighting activities.

5. Maintain apparatus and other conditions necessary for firefighting; carry out firefighting activities pursuant to professional firefighting procedures.

Article 4. Forms for firefighting

1. The following forms are promulgated to be of use to the fire police force for firefighting activities:

a) Fire notification logbook (Form No. 01);

b) Deployment of firefighting personnel and apparatus (Form No. 02);

c) Statistics of firefighting personnel, apparatus and extinguished areas (Form No. 03);

d) Firefighting tactics (Form No. 04).

2. Police units and local police departments shall print out the forms defined in Section 1 of this Article consistently on A4 paper and shall not arbitrarily alter the forms' content. Moreover, they shall be responsible for managing and supervising, in writing, the printing, distribution and use of the forms.

Chapter II

SPECIFIC PROVISIONS

Part 1. FIREFIGHTING PROCEDURE

Article 5. Receipt and processing of fire notifications

1. Receipt of fire notifications

a) The hotline officer of a unit shall inquire into the following information when receiving a fire notification:

- Full name, address and phone number (if available) of the person who reports the fire;

- Address and time of the fire;

- Detail on the fire: The structure(s) on fire, size of the fire, risk of fire spread, number of people entrapped in the fire, initial casualties and asset damage, other information on the fire.

b) Upon receiving the notification, the notified officer shall input information into the logbook, report promptly to the officer in commanding duty, and take in an order of deployment of firefighting personnel and apparatus from the unit commander.

2. Processing of fire notifications

Upon receiving an order of deployment of firefighting personnel and apparatus from the officer in commanding duty, the hotline officer shall:

a) Issue a fire alert;

b) Convey the deployment order, firefighting plan and firefighting tactics form to the officer assigned to command fire extinguishment to mobilize and deploy firefighting personnel and apparatus;

c) Notify the agencies responsible for extinguishing fire and participating in fire extinguishment pursuant to the Law of fire protection and prevention for their cooperation in firefighting.

3. If the hotline officer is notified of a fire outside the area under his administration, he shall notify all information received to the fire police unit that directly manages the area where the fire occurs to deploy firefighting activities and shall then report in full to the officer in commanding duty in his unit.

Article 6. Deployment of firefighting personnel and apparatus to a fire

1. Upon the issuance of a fire alert, the officer assigned to command fire extinguishment shall quickly assemble and deploy personnel and apparatus to extinguish the fire.

2. While approaching the fire, the officer assigned to command fire extinguishment shall abide by the following requirements:

a) Maintain constant communication with the unit’s hotline center;

b) Report promptly to the direct management of the unit and seek solutions against the obstacles during the mission to deploy firefighting personnel and apparatus to the fire in the fastest manner;

c) The firefighting commander shall report to and request decisions from the direct management of the unit about other fire situations detected while approaching the original fire, shall apportion a number of firefighting personnel and apparatus to extinguish such fires, shall request an addition of personnel and apparatus and shall continue the extinguishment of the identified fire.

Article 7. Deployment of firefighting activities at a fire

1. Fire scout

Upon arriving at a fire, the firefighting commander shall consider the progress of the fire and deploy scouts to grasp the situation and possibilities of deploying personnel and apparatus toward the fire and to decide on appropriate firefighting tactics and techniques in the following manner:

a) If the fire is not complex, the firefighting commander can make a direct observation and decide on proper firefighting tactics and techniques for extinguishing the fire;

b) If the fire is complex or poses various menaces to the life and health of firefighters, the firefighting commander shall form and deploy a team of at least 2 to 3 fire scouts. When necessary, the firefighting commander may request the officials and employees in the premises on fire to aid the scout team's mission;

A fire scout team is responsible for:

- Determining the presence, quantity, positions and conditions of victims; and the measures and possibilities for rescuing such victims;

- Determining the menaces to the life and health of victims and firefighters;

- Determining the main flammables, risk of fire spread and possibilities of fire progression;

- Determining the positions apposite to the deployment of fire apparatus;

- Determining the possibility of using fire equipment available in the premises for extinguishing the fire; and the sources of firewater;

- Performing other assignments given by the firefighting commander.

c) The firefighting commander shall consider the progress of the fire and the availability of firefighting personnel and apparatus to decide on simultaneously the fire scout and the deployment of personnel and apparatus to rescue people, save assets and extinguish the fire.

2. Fire extinguishment

The extinguishment of a fire shall occur at the same time with the rescue of victims and assets from the fire; however, victim rescue takes priority and proceeds in the following manner:

a) Rescue of fire victims:

- Directly take or guide the victims from the fire to a safe area; and carry out measures to protect the victims whose transfer to safety is not possible from the hazards of the fire;

- If human rescue proceeds in a high-rise building where escape stair is nonexistent or inaccessible, requisite rescue equipment can be employed.

b) Deployment of firefighting personnel and apparatus:

- Deploy the firefighting team into positions.

- Deploy the requisite firefighting apparatus toward the fire.

c) Contain and extinguish the fire.

Depending on the progress of the fire, the firefighting commander shall decide on the fire suppressant, firefighting techniques and tactics apposite to the containment and extinguishment of the fire.

Article 8. Activities ancillary to firefighting

1. Communications for firefighting

Communications shall be sustained safely, continually and ceaselessly for firefighting.

a) The communication between the firefighting commander, firefighting commanding committee and firefighting advisory board, the commanding officer in charge of the extinguishing location and the officer who commands personnel and apparatus mobilized to extinguish the fire.

b) The communication between the firefighting commander, commanding officer in charge of the extinguishing location and every firefighting position.

2. Lighting at the extinguishing location

The lighting at the extinguishing location shall be subject to the following requirements:

a) The escape route for human and asset rescue shall be lighted;

b) The areas at high risk of explosion shall be remotely lighted unless the lighting equipment is explosion proof;

c) Electrical wiring junctions, high-capacity lights and other lighting devices shall be placed in a safe place away from water, fire, acid and alkali.

3. Supplies for firefighting

The firefighting commander shall consider the progress of the fire and infer the duration of fire extinguishment to maintain firefighting supplies as follows:

a) Provide drinking water, food, clothes and medical supplies for firefighters; and arrange turn-based breaks for those engaged directly in fire extinguishment if necessary;

b) Supply fire suppressants and fuel for firefighting apparatus; replace promptly the firefighting apparatus that malfunction.

Article 9. Assembling and disengagement of personnel and apparatus

1. At the end of a firefighting mission, the firefighting commander shall conduct the following tasks:

a) Assemble the personnel mobilized to extinguish the fire and take attendance, re-examine the firefighting apparatus before retreating to the unit’s station;

b) Report to the unit’s communication center about the completion of the firefighting mission, and order personnel and apparatus to retreat to the unit’s station.

2. Upon arriving at the unit’s station, the officer in commanding duty shall have the firefighting apparatus examined and maintained, and organize the firefighting lookout as per regulations.

Part 2. COMMAND OF FIREFIGHTING

Article 10. Firefighting commanders in the fire police force

A firefighting commander in the fire police force is a holder of the following positions:

1. Head or Vice head of the Fire and Rescue Police Department.

2. Director or Vice Director of a fire police department of a province or central-affiliated city.

3. Manager or Vice manager of operations in the Rescue and Fire Police Department; Manager or Vice Manager of a division of firefighting and rescue police of the police department of a province or central-affiliated city; Manager or Vice manager of operations, or Manager or Vice manager of a local fire police station, Manager or Vice Manager of the River Rescue and Fire Police Division under the Fire Police Department of a province or central-affiliated city.

4. Captain or Vice captain of a fire police team; Captain or Vice Captain of a rescue and fire police team.

Article 11. Determination of the firefighting commander upon the cooperation of various fire police units in extinguishing a fire

1. When 02 or more teams of rescue and fire police under a rescue and fire police division of the police department of a province or central-affiliated city cooperate in extinguishing a fire, the captain designated as the firefighting commander of the rescue and fire police team that is directly responsible for the location of the fire shall command the extinguishment of the fire.

2. When 02 or more fire police divisions under the rescue and fire police department of a province or central-affiliated city cooperate in extinguishing a fire, the managerial officer designated as the firefighting commander of the fire police division that is directly responsible for the location of the fire shall command the extinguishment of the fire.

3. When the fire police departments of 02 or more provinces or central-affiliated cities cooperate in extinguishing a fire, the managerial officer of the fire police department of the province or central-affiliated city where the fire occurs shall command the extinguishment of the fire.

Article 12. Transfer of firefighting command

1. The command of the extinguishment of a fire shall be transferred to the officer of the fire police force at a position higher than that of the incumbent firefighting commander (hereinafter referred to as the superior officer) upon the former’s appearance at the fire.

2. The superior officer, when appearing at the fire, shall receive a report from the incumbent firefighting commander on the progress of the fire, tasks performed and result.

3. The incumbent firefighting commander, after transferring the firefighting command to the superior officer, shall continue his membership in the firefighting commanding committee (if existing) or perform other assignments given by the superior officer.

4. Upon appearing at the fire, the superior officer may not take over the firefighting command and mandate the incumbent firefighting commander to continue the latter’s command of fire extinguishment; however, the former shall be held liable for the result of firefighting.

5. If leaving an extinguishing location to perform an assignment at a competent person's request, the firefighting commander shall designate a substitute from the fire police force's officers who are extinguishing the fire to take command, shall notify such situation to the unit’s communication center and shall input data into the firefighting advisory board’s logbook.

Article 13. Duties of a firefighting commander

1. Perform the duties defined in Section 1, Article 29 of the Decree No. 79/2014/ND-CP.

2. Command and manage the firefighting personnel and apparatus directly or via the firefighting advisory board.

3. Determine the sequence of actions and the measures for firefighting, victim rescue, asset rescue and fire extinguishment.

4. Organize the fire scout; determine the main positions and directions of fire extinguishment, personnel and apparatus.

5. Segment the extinguishing location and designate the commander of each segment.

6. Report to the unit’s officer in direct managerial duty or other individuals at the competent authority’s request about the progress of the fire.

7. Organize the measures to maintain the safety of the personnel and apparatus engaged in fire extinguishment; maintain firefighting supportive activities.

8. Coordinate and organize the protection of extinguishing location and the fire scene, and the application of protective measures for documents and articles intended for fire investigation and tracing.

9. Assemble personnel and send apparatus back to the base station at the end of a firefighting mission.

10. Perform other duties that the higher authority assigns.

Part 3. ESTABLISHMENT OF FIREFIGHTING COMMANDING BODIES

Article 14. Firefighting commanding committee

1. The formation of a firefighting commanding committee is at the discretion of the firefighting commander if a fire progresses in a complex manner or a great quantity of firefighting personnel and apparatus is required.

2. A firefighting commanding committee is composed of:

a) The firefighting commander, as the head of the committee;

b) The commander of the fire police unit that is directly responsible for the area where the fire occurs and the representatives of the local government authority and the establishment on fire, as the vice heads of the committee;

c) The commanders of other units mobilized to extinguish the fire as per regulations, as the members of the committee.

3. The vice heads and members of the firefighting commanding committee shall perform the duties that the head of the committee assigns and shall be held liable to the head of the committee for their execution of the assignments.

Article 15. Firefighting advisory board

1. A firefighting advisory board is formed at the discretion of the firefighting commander to support the commander’s execution of the duties defined in Article 13 of this Circular and to support the firefighting commanding committee to manage and operate the activities of firefighting.

2. A firefighting advisory board is composed of:

a) The commander of the fire police unit directly responsible for the area where the fire occurs, as the head of the board;

b) The assistant to the commander of the fire police unit directly responsible for the area where the fire occurs, the assistant to the local government authority and the head of the establishment on fire, as the vice heads of the board;

c) The occupational safety specialist of the establishment on fire (if any), the representative of the on-site firefighting unit and other individuals designated by the firefighting commander, as the members of the board.

Chapter III

DUTIES OF FIREFIGHTERS

Article 16. Duties of a commanding officer in charge of an extinguishing location

1. Support the firefighting commander to perform the duties defined in Section 1, 3, 4, 7 and 8, Article 13 of this Circular within the boundaries of the assigned extinguishing location.

2. Report to the firefighting commander about the result of the assigned duties.

3. Perform other duties assigned by the firefighting commander.

Article 17. Duties of a firefighting team captain

1. Manage the activities of the firefighting team under the captain’s management.

2. Take orders from the firefighting commander to give assignments to the squads under the captain’s management.

3. Inspect the abidance by the regulations on safety, costumes and personal protective equipment for all personnel of the team under the captain’s management prior to the extinguishment of a fire.

4. Establish the cooperation between the squads under the captain’s management and between the entire team with other units in extinguishing a fire.

5. Perform other duties assigned by the firefighting commander.

Article 18. Duties of a firefighting squad captain

1. Manage the activities of the firefighting squad under the captain’s management.

2. Conform to the orders of the superior commander.

3. Inspect the abidance by the regulations on safety, costumes and personal protective equipment for all personnel of the squad under the captain’s management prior to the extinguishment of a fire; maintain the continual operation of the firefighting apparatus during the extinguishment of a fire.

4. Check attendance of the squad; re-examine the assigned firefighting apparatus and report to firefighting team captain who directly manages the personnel and apparatus of the squad before taking the retreat order.

5. Perform other duties assigned by the firefighting team captain.

Article 19. Duties of firefighters

1. Grasp the assigned duties and the squad’s general duties; participate directly in extinguishing a fire and rescuing human and assets from the fire.

2. Report promptly to the direct supervisory officer about the status of victims and occurrences that ensue during a duty; promptly rescue victims from danger when possible.

3. Maintain and utilize the costumes and personal protective equipment provided during the extinguishment of a fire.

4. Report to the direct supervisory officer about the health condition of himself or coworkers deemed unfit for continuing firefighting activities and other events that may affect fire extinguishment.

5. Report to the direct supervisory squad captain when following orders of the firefighting commander, the commanding officer in charge of the extinguishing location or the firefighting team captain.

Article 20. Duties of communications officers during fire extinguishment

1. Convey orders from the firefighting commander and the head of the firefighting advisory board to the commanding officer in charge of the extinguishing location and other individuals held responsible during the extinguishment of a fire, and report to the makers of the orders about the result of the assignments.

2. Reckon up and convey the information acquired.

3. Perform other duties assigned by the firefighting commander.

Article 21. Duties of fire engine drivers

1. Maneuver the firefighting apparatus into and out of an extinguishing location on the orders of the direct commanding officer.

2. Maintain the continual operation of the assigned firefighting apparatus.

3. Perform other duties assigned by the firefighting commander.

Chapter IV

IMPLEMENTATION

Article 22. Effect

This Circular comes into force as of December 06, 2016.

Article 23. Implementation

1. Fire and Rescue Police Department shall be responsible for guiding, inspecting and expediting the implementation of this Circular.

2. Head of the Department, heads of the agencies under the Ministry, directors of the fire police departments of the provinces and central-affiliated cities shall be responsible for implementing this Circular.

Police bodies and local units shall report the difficulties that ensue during the implementation of this Circular to the Ministry of Public Security (via the Fire and Rescue Police Department) for prompt guidance.