Thông tư 57/2015/TT-BCA

CIRCULAR

PROVIDING INSTRUCTIONS ON INSTALLATION OF FIRE PREVENTION AND FIREFIGHTING EQUIPMENT INTO ROAD VEHICLES

Pursuant to the Law on Fire Prevention and Firefighting dated June 29, 2001; the Law on Amendments to several articles of the Law on Fire Prevention and Firefighting dated November 22, 2013;

Pursuant to the Law on Road Traffic dated November 13, 2008;

Pursuant to the Decree No. 104/2009/ND-CP dated November 9, 2009 stipulating the list of hazardous goods and transportation of hazardous goods by road vehicles (hereinafter referred to as the Decree No. 104/2009/ND-CP);  

Pursuant to the Decree No. 79/2014/ND-CP dated July 31, 2014 enforcing detailed provisions for implementation of several articles of the Law on Fire Prevention and Firefighting and the Law on Amendments to several articles of the Law on Fire Prevention and Firefighting (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 defining the functions, tasks, powers and organizational structure of the Ministry of Public Security;

At the request of the Director of the Police Department for Fire safety, Firefighting, Rescue and Emergency Service;

The Minister of Public Security hereby introduces the Circular that provides instructions on installation of fire prevention and firefighting equipment into road vehicles.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of application

1. This Circular shall provide guidance on the list and required amount of fire prevention and firefighting equipment items to be installed into road vehicles, including motor vehicles of more than 4 seats, passenger-carrying trailers or semi-trailers towed by transport vehicles or tractors; road vehicles used for carrying goods and substances posing the fire and explosion hazards; installation principles, inspections and adequate budget covering costs of this installation and responsibilities of relevant agencies, organizations and individuals.  

2. Installation of fire prevention and firefighting equipment into the following road vehicles shall comply with other relevant laws and regulations:

a) Road vehicles used for national defence and security purposes;

b) Road vehicles that fall under the authority of the Ministry of National Defense, except those for socio-economic purposes;

c) Road vehicles of foreign agencies, organizations and individuals operating within the territory of Vietnam that are accorded diplomatic or consular immunities and privileges in accordance with laws and regulations;

d) Road vehicles used for carrying senior leaders of the Communist Party and Government of Vietnam, international delegates paying a business visit to Vietnam in accordance with laws and regulations on the Security Guard. 

Article 2. Applicable entities

1. Owners of road vehicles.

2. Institutions, organizations responsible for the management of road vehicles.

3. Police authorities at all levels and administrative divisions.

4. Agencies, organizations or individuals relating to installation of fire prevention and firefighting equipment into road vehicles.

Article 3. Principles of installation of fire prevention and firefighting equipment into road vehicles

1. Comply with regulations set forth in the Law on Fire Prevention and Firefighting, the Law on Road Traffic and provisions enshrined in this Circular as well as other relevant laws and regulations.

2. Be consistent with operational requirements, specifications and characteristics of road vehicles, and technical standards and regulations on fire prevention and firefighting.

3. Ensure the cost efficiency, rationality and conformance to the required amount of equipment and stated purposes.

Article 4. Road vehicles subject to requirements for installation of fire prevention and firefighting equipment

1. Transport vehicles of more than 4 seats, passenger-carrying trailers or semi-trailers towed by transport vehicles or tractors in accordance with paragraph 18 Article 3 of the Law on Road Traffic and TCVN 6211:2003 on Road Vehicles – Types – Terms and definitions, TCVN 7271:2003 on Road Vehicles – Motor vehicles – Classification by usage purposes. 

2. Road vehicles that carry goods or substances posing fire and explosion hazards under category 1, 2, 3, 4 and 9 as referred to in paragraph 1 Article 4 of the Decree No. 104/2009/ND-CP without reliance on the number of seats.

Article 5. Adequate budget covering costs of installation of fire prevention and firefighting equipment into road vehicles

1. Owners of road vehicles shall autonomously maintain an adequate budget covering costs of installation of fire prevention and firefighting equipment into road vehicles under their management.

2. An adequate budget covering costs of installation of fire prevention and firefighting equipment into road vehicles under their management of agencies, organizations or affiliations covered by central and local government budget shall be provided by the state budget and is consistent with regulations laid down in the Law on State Budget and other instructional documents.

Chapter II

LIST, REQUIRED AMOUNT AND INSPECTION OF FIRE PREVENTION AND FIREFIGHTING EQUIPMENT ITEMS INSTALLED INTO ROAD VEHICLES

Article 6. List and required amount of fire prevention and firefighting equipment items installed into road vehicles

1. List and required amount of fire prevention and firefighting equipment items installed into road vehicles shall be provided for in Appendix I to this Circular.

2. List and required amount of fire prevention and firefighting equipment items installed into road vehicles that carrying goods and substances posing the fire and explosion hazards shall be provided for in Appendix II to this Circular.

3. Depending on specifications of road vehicles and capability of providing adequate budget for this installation, owners of road vehicles or agencies, organizations or affiliations covered by the state budget shall take into account this budget to install additional fire prevention and firefighting equipment items into these road vehicles, including fire extinguishers, life-saving equipment, fire safety suits, fire-fighting hats, boots, first aid kits and emergency supplies and other fire prevention and firefighting necessities.

4. Fire prevention and firefighting equipment into motor vehicles should be installed in a conspicuous position and within reach in case of a fire emergency but should not restrict the driver's visibility and physical movements and passenger's safety.

Article 7. Inspection of fire prevention and firefighting equipment

Fire prevention and firefighting equipment installed into road vehicles shall be inspected with respect to quality, type and model as prescribed in paragraph 5 Article 38 of the Decree No. 79/2014/ND-CP and Article 18 of the Circular No. 66/2014/TT-BCA dated December 16, 2014 of the Minister of Public Security containing detailed provisions for implementation of several articles of the Decree No. 79/2014/ND-CP dated July 31, 2014 containing detailed provisions for implementation of several articles of the Law on Fire Prevention and Firefighting and the Law on Amendment or Modification to several articles of the Law on Fire Prevention and Firefighting.

Chapter III

IMPLEMENTATION AND ENFORCEMENT

Article 8. Enforcement

1. This Circular shall enter into force from January 6, 2016.

2. Road vehicles which have already had fire prevention and firefighting equipment items which are the same as or more than those defined in this Circular before the entry into force of this Circular shall be allowed for continuing use; in the event that they have had such equipment items or have equipment items which are less than those provided for in this Circular, this Circular shall prevail.

Article 9. Implementation responsibility

1. The Director of the Police Department for Fire safety, Firefighting, Rescue and Emergency Service shall be responsible for providing instructions and carrying out examination and expedition of implementation of this Circular.

2. The Department of Traffic Police shall, within its delegated authority and functions, take responsibility for inspecting, imposing sanctions or relief against violations regarding installation of fire prevention and firefighting equipment into road vehicles in accordance with laws and regulations.

3. With reference to the practical requirements and conditions, the Police Department for Fire safety, Firefighting, Rescue and Emergency Service shall be responsible for taking charge of and collaborate with affiliations in studying any modification of instructions on installation of fire prevention and firefighting equipment into road vehicles as stipulated by this Circular for submission to the Minister of Public Security for review and grant of decision.

4. The Fire Department and Police Department of a centrally-affiliated city and province shall assume the following responsibilities:

a) Provide guidance on, check and report, on a periodic basis and in every December, to the Ministry of Public Security (via the Police Department for Fire safety, Firefighting, Rescue and Emergency Service) on provision of instructions on installation of fire prevention and firefighting equipment into road vehicles under its management.

b) Carry out synthesis of recommendations and proposals for modifications and amendments of the list and required amount of fire prevention and firefighting equipment items installed into road vehicles under its management for the purpose of reporting to the Ministry of Public Security (via the Police Department for Fire safety, Firefighting, Rescue and Emergency Service).

5. The Director of the General Department and Heads of affiliations of the Ministry of Public Security, Directors of the Police Departments and the Fire Departments of centrally-affiliated cities and provinces, and relevant organizations or individuals, shall be responsible for enforcing this Circular.

6. Heads of Ministries, ministerial-level agencies, Governmental bodies, and People’s Committees of centrally-affiliated cities and provinces, within their delegated authority and functions, shall be requested to cooperate with the Ministry of Public Security on management and checking of compliance with instructions on installation of fire prevention and firefighting equipment into road vehicles within their management.

In the course of implementation of this Circular, if there is any difficulty that may arise, Police authorities at all levels and localities, involved agencies, organizations and individuals must report on this to the Ministry of Public Security (via the Police Department for Fire safety, Firefighting, Rescue and Emergency Service) for further instructions provided in a timely manner.