Thông tư 65/2013/TT-BCA

CIRCULAR

DETAILING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE PRIME MINISTER’S DECISION NO. 44/2012/QD-TTG DATED OCTOBER 15, 2012 STIPULATING RESCUE AND RELIEF OPERATIONS BY FIRE PREVENTION AND FIGHTING FORCE

Pursuant to the Decree No. 77/2009/ND-CP dated September 15, 2009 stipulating functions, tasks, powers and organizational structure of the Ministry of Public Security;

Pursuant to the Prime Minister’s Decision No. 44/2012/QD-TTg  dated October 15, 2012 stipulating rescue and relief operation by fire prevention and fighting force;

At the request of general director of General Police Department for Administrative Management for Social Order and Safety;

The Minister of Public Security promulgates the Circular detailing the implementation of a number of articles of the Prime Minister’s Decision No. 44/2012/QD-TTg dated October 15, 2012 stipulating rescue and relief operation by fire prevention and fighting force.

Chapter 1.

GENERAL PROVISIONS

Article 1. Governing scope

This Circular details the implementation of a number of articles of the Prime Minister ‘s Decision No. 44/2012/QD-TTg.

Article 2. Regulated entities

This Circular applies to:

1. Fire prevention and fighting forces;

2. Police forces from units, localities;

3. Agencies, organizations, and individuals related to rescue and relief;

Article 3. Interpretation of terms

In this Circular, some terms are construed as follows:

1. Rescue refers to activities of rescuing victims from dangers caused by incidents, accidents or other risks threatening their health, lives including provision of consultancy, first-aids, and other measures.

2. Relief  refers to activities of rescuing vehicles, properties from dangers or relief operations for vehicles in danger that are conducted under a contract or agreement for relief operation between organizations, individuals performing relief operation and organizations, individuals requesting relief operations.

3. Emergency relief  refers to relief activities for incidents, accidents or other risks requiring immediate actions without contracting process.

4. Disaster refers to incidents, accidents that cause particularly serious damage to people and properties, have negative and lasting effects on societies and environment on a large scale.

Article 4. Forms and lists of rescue and relief facilities that belong to the fire prevention and fighting force

1. Enclosed hereof are forms applied in rescue and relief and the lists of rescue and relief facilities and means (herein ‘facilities’) of the fire prevention and fighting force.

2. The lists of facilities enclosed hereof shall serve as foundations for setting up standards and norms for the equipment of the fire prevention and fighting force.

Chapter 2.

PARTICULAR PROVISIONS

SECTION 1. ORGANIZATION OF RESCUE AND RELIEF OPERATIONS

Article 5. Rescue and relief communication mechanism

On receipt of notification about an incident or accident that requires rescue and relief operations, local public security forces, grassroots fire prevention and fighting forces, specialized fire prevention and fighting forces, local authorities and policies agencies where the incident occurs shall receive and handle such notification and at the same time make an immediate report to the police force for fire control and rescue (herein ‘the police force’) via hot line 114.

Article 6. Documentation of monitoring and reporting rescue and relief operations by local public security forces, grassroots fire prevention and fighting forces, specialized fire prevention and fighting forces

Local public security forces, grassroots fire prevention and fighting forces, specialized fire prevention and fighting forces shall make requests to heads of their agencies, organizations, institutions and local authorities for promulgation of regulations on documentation of monitoring and reporting rescue and relief operations on the basis of functions, duties, and requirements for rescue and relief.

1. Documentation of monitoring and reporting rescue and relief operations shall be composed of following documents:

a) Regulations, rules and process of rescue and relief operation;

b) Written instructions and directions from upper levels on rescue and relief operations;

c) Approved rescue and relief plan;

d) Written requests for rescue and relief; decisions concerning handling of acts in violation of rescue and relief operation (if any);

dd) Records of propagations, professional competence training, rescue and relief facilities

e) Reports on previous incidents, accidents; records of rescue and relief operations (if any);

g) Reports on rescue and relief operations or thematic reports as required by the department of fire control and rescue should be added to the documentation on an annual, six-month basis.

2. Reports on rescue and relief include:

a) Reports on rescue and relief operations;

b) Reports on rescue and relief operations on an annual, six-month basis;

c) Thematic reports;

Article 7. Safety rules, instruction maps, notice signs, guide signs on rescue and relief operation by fire prevention and fighting force

Local public security forces, grassroots fire prevention and fighting forces, specialized fire prevention and fighting forces shall make requests to heads of their agencies, organizations, institutions and local authorities for promulgation of regulations on safety rules, instruction maps on rescue and relief that should include following basic information:

a) Rules on rescue and relief including prohibited acts and things to do in case of incident; storage and use of equipment, facilities for rescue and relief;

b) Escape guide map including internal road system, escape way and direction, shelters (if necessary);

c) Rules and instruction maps on rescue and relief should be disseminated to residents in the area and displayed at a place providing good visibility.

2. Notice and guide signs including signs indicating areas or locations where incidents, accidents are most likely to occur, and signs guiding rescue and relief. Rescue and relief guide signs are the signs indicating directions for escape to a safe place; signs indicating areas for organization of rescue and relief are only intended for rescue and relief operation forces.

3. Regulations on notice signs, guide signs on rescue and relief shall be promulgated by the Ministry of Public Security. Notice signs, guide signs on rescue and relief shall be printed and released by Central Department of Fire Control and Rescue;

Article 8. Plans for implementation of rescue and relief tasks by local public security forces, grassroots fire prevention and fighting forces, specialized fire prevention and fighting forces

1. Local public security forces, grassroots fire prevention and fighting forces, specialized fire prevention and fighting forces shall make requests to heads of their agencies, organizations, institutions and local authorities for promulgation of regulations on documentation of monitoring and reporting rescue and relief on the basis of functions, duties, and requirements for rescue and relief.

2. Plans for implementation of rescue and relief tasks shall include following basic information:

a) Preparations of human forces for rescue and relief tasks;

b) Preparations of rescue and relief facilities appropriate to characteristics of agencies, organizations and localities;

c) Task assignment, coordination mechanism in coping with incidents, accidents likely to occur;

d) Expenditures for rescue and relief;

dd) Inspecting and speeding up conduct and implementation;

Article 9. Provision of advice on rescue and relief by police force

1. The police force at central level shall study and submit proposals for establishment of strategy, planning and plan for rescue and relief tasks to competent authorities for promulgation and instruction, inspection of conduct and implementation.

2. Directors of Police Departments for Fire Prevention and Fighting, directors of public security departments of central-affiliated cities and provinces shall study and submit proposals for establishment of local planning and plan for rescue and relief tasks to People’s Committees of provinces and municipalities for promulgation and instruction on conduct and implementation.

Article 10. Formulation and organization of practicing rescue and relief plans by police force

1. Rescue and relief plans shall be formulated in accordance with Form 01 of Annex 1 enclosed herewith.

2. Authorities to grant approval for rescue and relief plans:

a) Heads of Departments of Fire Control and Rescue affiliated to Public Security Departments of provinces shall grant approval for rescue and relief plans using human forces and facilities of the police force in the administrative division under management; in the event of mobilization of human forces and facilities from other police forces, rescue and relief plans shall be granted approval by directors of Public Security Departments of provinces; in the event of mobilization of human forces and facilities from organizations and agencies in the administrative division, rescue and relief plans shall be granted approval by presidents of People’s committees of the same level.

b) Heads of Department of Fire Control and Rescue affiliated to Police Departments for Fire Prevention and Fighting shall grant approval for rescue and relief plans using human forces and facilities of the police force in the administrative division under management; in the event of mobilization of human forces and facilities from other police forces, agencies and organizations in administrative divisions under rural district-level management, rescue and relief plans shall be granted approval by presidents of People’s Committees of the same level.

c) Directors of Police Departments for Fire Prevention and Fighting shall grant approval for rescue and relief plans using human forces and facilities of affiliated Departments of Fire Control Rescue; in the event of mobilization of human forces and facilities from other police forces, agencies and organizations in administrative divisions under provincial-level management, rescue and relief plans shall be granted approval by presidents of People’s committees of provinces.

a) Head of Central Department of Fire Control and Rescue shall grant approval for rescue and relief plans using human forces and facilities of the police force in central-affiliated cities and provinces; in the event of mobilization of human forces and facilities from public security forces of central-affiliated cities and provinces, rescue and relief plans shall be granted approval by the Minister of Public Security or authorized persons; in the event of mobilization of human forces and facilities from ministries, departments, rescue and relief plans shall be granted approval by president of National Search and Rescue Committee.

3. Rescue and relief plans shall be held for practice under typical situations according to specific features of units, institutions and localities.

Article 11. Standing force ready for rescue and relief

1. Watch commanders of Police Department of Fire Control and Rescue shall have thorough grasp of their units’ existing strength and number of facilities; process of rescue and relief operation; methods, measures for rescue and relief on typical situations; methods of mobilizing human forces and facilities for rescue and relief; coordination among human forces in rescue and relief; roles, functions and duties of human forces in rescue and relief; communications and reporting mode in the event of incidents that require rescue and relief operations.

2. Watch commanders of the Police team of fire control and rescue shall have thorough grasp of information mentioned in Clause 1, this Article; combat regulations of the police force for fire prevention and fighting; traffic road situations and the lists of organizations having rescue and relief facilities and other means that may be mobilized for rescue and relief operations within administrative divisions.

3. Watch officers on rescue and relief should be permanently available at combat offices and master use of communications means, have thorough grasp of process of reception and handling of notifications about incidents, accidents and other related cases; use of a phone book to make quick contact with professional rescue and relief operation teams, local public security forces, grassroots and professional fire prevention and fighting forces.

4. Leaders and soldiers of a rescue and relief squad delegated to have watch on trucks, ships and boats should have thorough grasp of duties of their own and the squad; master use of rescue and relief facilities of the squad; know how to coordinate with assigned positions in the combat formation and with other squads. Drivers of rescue and relief vehicles (trucks, ships, boats…) should master use of the vehicles they are in charge. Watch commanders, soldiers and drivers on duty on rescue and relief vehicles should also have thorough grasp of their own duties as requested and master use of such vehicles.

Article 12. Standing facilities, equipment ready for rescue and relief operations

1. Motor vehicles (except for rescue planes) and common vehicles for rescue and relief operations, and other accompanying equipment that are put into permanent rescue and relief operation should meet following requirements:

a) Rescue and relief vehicles including specialty use ones shall be examined and have had licenses for free sale that are still in force and meet requirements for readiness for rescue and relief operations.

b) Engines of vehicles should work after three times of starting, run smoothly at different speeds and without abnormal noise. Indicators of oil pressure, water temperature, rotational speed and steam pressure should work normally. Ducts of petro, oil and water should be kept from opening, leaking; lubricating oil maintained at prescribed level; engine temperature at below 90°C; petrol, oil (fuel) should be maintained at 80% of tank capacity and over.

2. For specialty use vehicles (serving rescue and relief operations), their features (according to manufacturing design) and arrangement of facilities for serving rescue and relief operations should assure normal operation and adequate quantity as prescribed.

3. Other rescue and relief equipment and means such as buffer, rope ladders, rescue capsules, aid equipment, rudimentary demolition tools, rescue and relief commanding desks, tents should assure good quality and be arranged in appropriate to motor rescue vehicles so that they can be carried easily for rescue and relief.

Article 13. Training in professional competence of rescue and relief for police force

Annually, the police force from central-affiliated cities and provinces shall be trained at least once in professional competence of rescue and relief operations by Central Department of Fire Control and Rescue.

Article 14. Training in professional competence of rescue and relief for other fire prevention and fighting forces

1. Subjects to be provided with training in professional competence of rescue and relief shall be composed of:

a) Officers and members of local public security teams, intramural and specialized firefighting teams;

b) Commanders of watercraft, trains, planes; drivers of motor vehicles; persons working on motor vehicles with at least 30 seats and on specialty use motor vehicles used for transport of dangerous substances and commodities;

c) Persons engaging in production of rescue and relief facilities, equipment;

d) Other persons who have demand for training;

2. Training period:

a) Period for first training is from 32 – 48 hours;

b) Period for annual supplementary training is at least 16 hours;

3. Contents of training shall be based on following basic topics:

a) Methods, measures, techniques and tactics of rescue in the event of fire and explosion;

b) Methods, measures, techniques and tactics of rescue on rivers, springs, lakes, wells, water deep holes, tourist areas, amusement parks, beaches;

c) Methods, measures, techniques and tactics of rescue in the event of landslides, collapse of houses, works;

d) Methods, measures, techniques and tactics of rescuing victims stuck in vehicles in the event of accidents occurring on road, rail and waterway traffic;

e) Methods, measures, techniques and tactics of rescuing victims trapped in houses, lifts, high above, in tunnels, deep holes, caves or underground works;

4. Issue of certificates of training in rescue and relief:

a) Those who have achieved satisfactory results in the training shall be issued certificates of training according to Form 02 of Annex I enclosed herewith.

b) Certificates of training shall be issued by general directors of Central Department of Fire Control and Rescue, directors of Police Department of Fire Prevention and Fighting or heads of Department of Fire Control and Rescue, departments of public security of central-affiliated cities and provinces; templates of certificates shall be printed and released by Central Department of Fire Central and Rescue;

c) Validity period of certificates is five years since the date of issue.

5. Central Department of Fire Control and Rescue are tasked with compiling training materials, courses appropriate to subjects as prescribed in Clause 1, this Article.

6. Annually, subjects as prescribed in Clause 1, this Article shall be trained in professional competence of rescue and relief at least once by police agencies of fire control and rescue. The lists shall be added to the logbook as prescribed in Point dd, Clause 1, Article 6 this Article.

Article 15. Propaganda about rescue and relief operations

1. The police force shall be responsible for studying and grasping accidents, incidents and relevant matters to provide instructions and conduct propaganda about rescue and relief tasks.

2. Heads of agencies, organizations, institutions and local authorities shall be responsible for conducting propaganda and dissemination of knowledge and laws about rescue and relief to officials, employees and public.

Article 16. Establishment of professional rescue and relief teams

On request for the establishment of a rescue and relief team, in reliance on characteristics of localities and units, directors of departments of public security of central-affiliated cities and provinces, directors of Police Department of Fire Prevention and Fighting shall make a report to the Minister of Public Security for consideration and decision on scale and number of rescue and relief teams before a rescue and relief team is decided.

Article 17. Policies on persons performing rescue and relief tasks

Persons who are killed, injured, or have health and properties impaired and damaged shall be entitled to benefit policies as prescribed.

SECTION 2. MECHANISM OF COORDINATION IN RESCUE AND RELIEF

Article 18. Coordination among rescue and relief forces

1. Responsibility for coordination and handling of accidents, incidents of People’s Public Security forces:

a) On receipt of requests for coordination in the handling of incidents, accidents, security police forces shall deploy human forces and facilities at the scene for protection of rescue and relief areas and other tasks as requested by rescue and relief commanders.

b) On receipt of notifications about incidents, accidents to traffic vehicles, police forces on road, rail and waterway traffic shall immediately deploy human forces and facilities at the scene for the implementation of tasks as prescribed. In the event of occurrence of an incident or accident considered as typical, the fire prevention and fighting forces shall be immediately notified for handling and participating in the implementation of tasks as requested by rescue and relief commanders.

c) Other public security forces, on receipt of notifications about incidents, accidents in the administrative division within their management, shall make immediate presence at the scene to deploy rescue and relief activities and at the same make reports to police forces for timely handling and performance of other tasks as requested by rescue and relief commanders.

2. Rescue and relief forces affiliated to ministries, departments, local public security forces, grassroots fire prevention and fighting forces, on receipt of notifications or requests for participation in handling of accidents, incidents, shall deploy human forces and facilities at the scene for implementation of tasks as requested by rescue and relief commanders.

3. Fire prevention and fighting forces, on arrival in the scene where the victims need medical attention, should bring the victims to a safe place and make notifications to health agencies in the immediate vicinity for treatment according to regulations of health sectors.

SECTION 3. RESCUE AND RELIEF FACILITIES, EQUIPMENT

Article 19. Rescue and relief facilities, equipment

1. Rescue and relief facilities of fire prevention and fighting forces include motor vehicles, equipment, machinery, tools, aid equipment specially used for rescue and relief operations as instructed in Annex 2 enclosed herewith.

2. Motor vehicles for rescue and relief of fire prevention and fighting forces include rescue and relief trucks, boats, and planes.

3. Rescue and relief trucks of fire prevention and fighting forces include trucks equipped with specialty use equipment used for rescue and relief, trucks carrying human forces and facilities, ladder trucks, and other motor vehicles used for rescue and relief.

4. Rescue and relief facilities that are domestically manufactured or imported should meet technical specifications designed for rescue and relief services; conform with Vietnam, foreign, international standards applicable in Vietnam.

5. Rescue and relief facilities that are domestically manufactured or imported shall be inspected for quality, type and model as prescribed.

Article 20. Management and use of rescue and relief facilities

1. Rescue and relief facilities of fire prevention and fighting forces shall be managed, cared and repaired in accordance with regulations to ensure readiness for rescue and relief.

Apart from being used for rescue and relief, fire prevention and fighting, motor vehicles shall be used in following cases:

a) Take part in the tasks of assuring political security;

a) Take part in the tasks of assuring social order and safety;

c) Combat natural disasters and cope with the aftermath of disasters;

2. The Minister of Public Security or authorized persons, presidents of People’s Committees of provinces within competence may mobilize motor rescue and relief vehicles for the purposes as prescribed in Clause 1, this Article.

3. General directors of Central Department of Fire Control and Rescue, directors of departments of public security of provinces, directors of Police Departments of Fire Prevention and Fighting within competence may mobilize motor rescue and relief vehicles for for the purposes as prescribed in Points b, c, Clause 1, this Article.

4. Heads of agencies, organizations within competence may mobilize motor rescue and relief vehicles for the purposes as prescribed in Point c, Clause 1, this Article.

Chapter 3.

IMPLEMENTARY PROVISIONS

Article 21. Effect

This Circular takes effect since January 15, 2014.

Article 22. Responsibility for implementation

1. General director of General Police Department for Administrative Management for Social Order and Safety shall be responsible for providing guidance, speeding up, monitoring and inspecting the implementation of this Circular.

2. General directors, heads of the ministerial-affiliated units, directors of departments of public security of central-affiliated cities and provinces, directors of Police Departments of Fire Prevention and Fighting within functions and duties shall be responsible for cooperating with General Police Department for Administrative Management for Social Order and Safety in the implementation of this Circular.

3. Heads of ministries, ministerial-level agencies, Governmental agencies, People’s Committees of central-affiliated cities and provinces within competence shall be responsible for cooperating with the Ministry of Public Security in carrying out administration and inspection of rescue and relief operations by other fire prevention and fighting forces that belong to agencies and organizations under management of their ministries, sectors and localities.

4. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Public Security (via General Police Department for Administrative Management for Social Order and Safety) for instructions.

ANNEX II

LISTS OF RESCUE EQUIPMENT FOR FIRE PREVENTION AND FIGHTING FORCES (Enclosed with the Ministry of Public Security’s Circular No. 65/2013/TT-BCA)

TABLE 1

LISTS OF RESCUE EQUIPMENT FOR LOCAL PUBLIC SECURITY FORCES

TABLE 2

LISTS OF RESCUE EQUIPMENT FOR GRASSROOTS FIRE PREVENTION AND FIGHTING FORCES

TABLE 3

LISTS OF RESCUE EQUIPMENT FOR SPECIALIZED FIRE PREVENTION AND FIGHTING FORCES

TABLE 4A

LISTS OF PERSONAL RESCUE EQUIPMENT FOR FIRE AND RESCUE PERSONNEL

TABLE 4B

LISTS OF RESCUE EQUIPMENT FOR FIRE AND RESCUE POLICE UNITS

TABLE 4C

LISTS OF MOTORIZED RESCUE VEHICLES FOR RESCUE POLICE SQUAD

TABLE 4D

LISTS OF RESCUE EQUIPMENT FOR A TYPICAL RESCUE VEHICLE