Circular No. 141/2020/TT-BCA dated December 23, 2020 on inspection of fire prevention, firefighting, and rescue by the People's Public Security force

CIRCULAR

ON INSPECTION OF FIRE PREVENTION, FIREFIGHTING, AND RESCUE BY THE PEOPLE'S PUBLIC SECURITY FORCE

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

Pursuant to Decree No. 01/2018/ND-CP dated August 6, 2018 of the Government on functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Pursuant to Decree No. 136/2020/ND-CP dated November 24, 2020 of the Government on elaboration of and measures for implementing the Law on Fire Prevention and Fighting and the Law on amendments to the Law on Fire Prevention and Fighting;

Pursuant to Decree No. 83/2017/ND-CP dated July 18, 2017 of the Government on rescue operations of fire prevention and fighting forces;

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

The Minister of Public Security hereby issues this Circular regulating the inspection of fire prevention, firefighting, and rescue by the People's Public Security force.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular provides regulations on the principles, standards, tasks, and assignment of People's Public Security commissioned officers and non-commissioned officers conducting inspections of fire prevention, firefighting, and rescue operations (hereinafter referred to as inspection officers); inspection of fire prevention, firefighting, and rescue operations; and training and professional assessment related to fire prevention, firefighting, and rescue by the People's Public Security force.

Article 2. Principles for conducting inspections of fire prevention, firefighting, and rescue operations

1. Comply with the legal provisions on fire prevention, firefighting, and rescue, as stipulated in this Circular and other relevant laws.

2. Ensure uniformity in organizing and performing inspection activities related to fire prevention, firefighting, and rescue operations.

3. Strictly prohibit the abuse of inspection activities for fire prevention, firefighting, and rescue operations to infringe upon the interests of the State or the legitimate rights and interests of organizations and individuals.

Article 3. Appendices

The Appendices enclosed with this Circular stipulate the forms used in the inspection of fire prevention, firefighting, and rescue operations, including:

1. Inspection plan for fire prevention, firefighting, and rescue operations (Form No. 01).

2. Inspection plan for fire prevention, firefighting, and rescue operations (Form No. 02).

Chapter II

STANDARDS, TASKS, AND ASSIGNMENT OF DUTIES FOR INSPECTION OF FIRE PREVENTION, FIREFIGHTING, AND RESCUE OPERATIONS

Article 4. Standards for inspection officers

1. Inspection officers affiliated with the Fire and Rescue Police Department must meet the following standards:

a) Hold a university degree or higher in fire prevention, firefighting, and rescue; a university degree or higher in other disciplines related to public security and social order; or a university degree or higher in technical fields and have undergone legal and professional training in the People's Public Security force;

b) Have a minimum of 5 years of experience in fire prevention, firefighting, and rescue within the People's Public Security force;

c) Achieve satisfactory results in professional assessments related to fire prevention, firefighting, and rescue inspections.

2. Inspection officers affiliated with the Fire and Rescue Police Division of province-level Public Security Departments (hereinafter referred to as Fire and Rescue Police Division under province-level Public Security) must meet the standard outlined in point a, clause 1 of this Article, and the following additional standards:

a) Have a minimum of 3 years of experience in fire prevention, firefighting, and rescue within the People's Public Security force;

b) Achieve satisfactory results in professional assessments related to fire prevention, firefighting, and rescue inspections.

3. Inspection officers affiliated to Public Security of districts, towns, provincial cities (hereinafter referred to as district-level Public Security) must meet the following standards:

a) Hold an intermediate-level degree or higher in fire prevention, firefighting, and rescue; an intermediate-level degree or higher in disciplines related to public security and social order; or an intermediate-level degree or higher in technical fields and have undergone legal and professional training in the People's Public Security force;

b) Have a minimum of 1 year of experience in fire prevention, firefighting, and rescue within the People's Public Security force;

c) Achieve satisfactory results in professional assessments related to fire prevention, firefighting, and rescue inspections.

4. Commune, ward, or township Public Security (hereinafter referred to as commune-level Public Security) must assign officers to perform inspection duties related to fire prevention, firefighting, and rescue operations. These officers must meet the standards outlined in point a, clause 3 of this Article and must undergo training in professional inspections related to fire prevention, firefighting, and rescue operations.

Article 5. Duties of inspection officers

1. Inspection officers shall perform the following duties:

a) Advise direct leaders in organizing and conducting surveys and fundamental investigations to support fire prevention, firefighting, and rescue management in their assigned areas or facilities;

b) Carry out basic professional tasks, maintain records, and compile statistics to serve fire prevention, firefighting, and rescue management;

c) Promote and disseminate laws and knowledge on fire prevention, firefighting, and rescue; foster public movements for participation in fire prevention, firefighting, and rescue operations;

d) Participate in inspections and approvals for fire prevention and firefighting systems;

dd) Conduct safety inspections for fire prevention, firefighting, and rescue operations in accordance with established procedures and processes; monitor and urge the rectification of safety risks and violations related to fire prevention, firefighting, and rescue operations;

e) Inspect the conditions of facilities providing fire prevention and firefighting services, following the prescribed procedures and processes;

g) Advise on the issuance of permits for the transportation of flammable and explosive hazardous goods as prescribed by law;

h) Conduct training on fire prevention, firefighting, and rescue operations; guide the development and execution of fire extinguishing and rescue plans at facilities;

i) Monitor situations and coordinate to support firefighting and rescue efforts in the event of fires in assigned areas or facilities; participate in the investigation and resolution of fire and explosion incidents in accordance with the law;

k) Implement information and reporting regimes and perform other tasks as assigned by superiors;

l) Handle administrative violations in fire prevention and firefighting; temporarily suspend or recommend suspension of operations of facilities, motor vehicles, households, or individuals that fail to meet fire safety requirements as prescribed.

2. Inspection officers affiliated with the Fire and Rescue Police Department shall perform the duties specified in points a, b, c, d, dd, e, h, i, k, and l of clause 1 of this Article.

3. Inspection officers affiliated with the Fire and Rescue Police Division under province-level Public Security shall perform the duties specified in clause 1 of this Article.

4. Inspection officers affiliated with district-level Public Security shall perform the duties specified in points a, b, c, d, dd, g, h, i, k, and l of clause 1 of this Article.

Article 6. Duties of commune-level Public Security

1. Within their assigned management areas and levels, commune-level Public Security shall perform the following duties:

a) Carry out the tasks specified in points a, b, c, dd, h, i, k, and l of clause 1, Article 5 of this Circular;

b) Inspect the fire prevention and firefighting responsibilities of heads of facilities, household heads, and the fire safety conditions of facilities, residential areas, and households as prescribed in Articles 5, 6, and 7 of Decree No. 136/2020/ND-CP dated November 24, 2020, on elaboration of and guidelines for the implementation of the Law on Fire Prevention and Fighting and the Law on Amendments to the Law on Fire Prevention and Fighting (hereinafter referred to as Decree No. 136/2020/ND-CP); inspection of safety conditions for rescue operations as prescribed in clause 2, Article 12 of Decree No. 83/2017/ND-CP dated July 18, 2017, on rescue operations of fire prevention and fighting forces (hereinafter referred to as Decree No. 83/2017/ND-CP).

2. Fire prevention, firefighting, and rescue inspections may be combined with inspections on security and order.

Article 7. Duties of leaders and commanders in charge of fire prevention, firefighting, and rescue inspections

1. The Head of the Fire and Rescue Police Division under the province-level Public Security Department has the following duties:

a) Advise the Director of the province-level Public Security Department to conduct situational assessments and fundamental investigations to support fire prevention, firefighting, and rescue management across the province and in areas and facilities under assigned management; inspect the performance of inspection and management responsibilities by district-level Police;

b) Assign officers under their management to perform inspection and management tasks for assigned areas and facilities;

c) Direct, monitor, and inspect the performance of responsibilities and duties by inspection officers under their management;

d) Perform information reporting and other tasks assigned by superiors.

2. The Head of district-level Public Security shall perform the following duties:

a) Advise the district-level People’s Committee and the Director of the province-level Public Security Department to conduct situational assessments and fundamental investigations to support fire prevention, firefighting, and rescue management in areas and facilities under assigned management;

b) Assign officers under their management to perform inspection and management tasks for assigned areas and facilities;

c) Direct, monitor, and inspect the performance of responsibilities and duties by inspection officers and commune-level Public Security assigned to conduct fire prevention, firefighting, and rescue inspections within their management scope;

d) Perform information reporting and other tasks assigned by superiors.

3. The Head of the Fire Prevention Task Force under the Fire and Rescue Police Division under province-level Public Security; the Head of the Fire and Rescue Police Team; and the Head of the Administrative Management Team on Social Order under district-level Public Security shall perform the following duties:

a) Advise their direct leaders to conduct situational assessments and fundamental investigations to support fire prevention, firefighting, and rescue management in areas and facilities under assigned management;

b) Monitor and inspect the performance of responsibilities and duties by inspection officers under their management;

c) Directly conduct fire prevention, firefighting, and rescue inspections for areas and facilities as assigned;

d) Perform information reporting and other tasks assigned by superiors.

4. The Deputy Head of the Fire and Rescue Police Division under province-level Public Security, the Deputy Head of the district-level Public Security, the Deputy Head of the Fire Prevention Task Force under the Fire and Rescue Police Division under province-level Public Security, the Deputy Head of the Fire and Rescue Police Team, and the Deputy Head of the Administrative Management Team on Social Order under the district-level Public Security, who are in charge of fire prevention, firefighting, and rescue inspections, shall perform their duties as assigned by their superiors.

Article 8. Assignment of officers for inspections

1. The Fire and Rescue Police Department shall assign inspection officers who meet the standards specified in clause 1, Article 4 of this Circular to perform advisory, guidance, and inspection duties related to fire prevention, firefighting, and rescue operations.

2. The Fire and Rescue Police Division under province-level Public Security and district-level Public Security shall, based on officer staffing and professional requirements, assign officers who meet the standards specified in clauses 2 and 3, Article 4 of this Circular to perform inspection duties related to fire prevention, firefighting, and rescue operations, as well as management of assigned areas and facilities.

The assignment of inspection officers must ensure comprehensive management of all areas and facilities under their jurisdiction and compliance with inspection duties as prescribed in Article 16 of Decree No. 136/2020/ND-CP and Article 12 of Decree No. 83/2017/ND-CP .

Chapter III

INSPECTION OF FIRE PREVENTION, FIREFIGHTING, AND RESCUE OPERATIONS

Article 9. Issuance of inspection plans for fire prevention, firefighting, and rescue operations

1. The Director of the Fire and Rescue Police Department and the Director of the province-level Public Security shall issue inspection plans for specialized or thematic inspections and directives on fire prevention, firefighting, and rescue inspections.

2. The Head of the Fire and Rescue Police Division under province-level Public Security and the Head of the district-level Public Security shall issue periodic or ad hoc inspection plans for fire prevention, firefighting, and rescue operations for areas, facilities, and other entities under their management, based on the inspection plans or directives of the Director of the Fire and Rescue Police Department or the Director of the province-level Public Security;

Periodic inspection plans shall be prepared monthly and adjusted as necessary.

Article 10. Periodic inspections of fire prevention, firefighting, and rescue operations

1. Preparation and implementation of inspection plans:

a) The Fire and Rescue Police Division under province-level Public Security and district-level Public Security shall develop and issue inspection plans in accordance with Form No. 01 in the Appendix enclosed with this Circular for inspection targets specified in clause 1, Article 16 of Decree No. 136/2020/ND-CP and Article 12 of Decree No. 83/2017/ND-CP , within their assigned management scope;

b) The individual issuing the inspection plan shall decide on the establishment of inspection teams or the assignment of inspection officers. A written notice of the inspection must be sent at least three working days prior to the inspection to the entities being inspected and relevant organizations or units, if applicable.

2. Conducting inspections:

a) The head of the inspection team or the assigned officer introduces the team members and announces the content and methods of the inspection;

b) Conduct inspections based on the provisions outlined in clause 2, Article 16 of Decree No. 136/2020/ND-CP and clause 2, Article 12 of Decree No. 83/2017/ND-CP ;

c) Prepare an inspection record using Form PC 10 as specified in Appendix IX enclosed with Decree No. 136/2020/ND-CP. The record must be made in at least two copies: one copy is provided to the inspected entity, one copy is kept in the file, and another copy is sent to relevant units (if applicable);

d) If violations of regulations on fire prevention, firefighting, and rescue are discovered during the inspection, administrative penalties and temporary suspension of activities shall be applied in accordance with legal provisions.

3. Handling post-inspection results:

a) The head of the inspection team or the assigned officer reports the inspection results to their direct leader or commander using Form No. 02 as specified in the Appendix enclosed with this Circular, along with the inspection record and any administrative penalty decisions, including records of violations (if applicable);

b) The direct leader or commander reviews the inspection results and directs units or officers to carry out procedures for administrative penalties, temporary suspension, suspension, or restoration of activities (if applicable); recommends and urges the rectification of safety risks or violations by the inspected entity; and provides other relevant instructions (if applicable).

Article 11. Ad hoc inspections of fire prevention, firefighting, and rescue operations

1. Ad hoc inspections shall be conducted in the following cases:

a) Cases specified in clause 1, Article 17 of Decree No. 136/2020/ND-CP ;

b) Violations of fire safety regulations that pose a risk of fire or explosion, as specified in point dd, clause 3, Article 16 of Decree No. 136/2020/ND-CP ;

c) To support security and order assurance tasks as directed by competent authorities within the management scope;

d) When there are indications of violations regarding conditions for fire prevention and firefighting service businesses as specified in Article 41 of Decree No. 136/2020/ND-CP , or when fire prevention and firefighting activities are misused to infringe upon security and order, as recommended by competent authorities for handling.

2. The Fire and Rescue Police Division under province-level Public Security and district-level Public Security Departments shall establish inspection teams or assign inspection officers to conduct ad hoc inspections of entities under their management.

3. The inspection process and handling of results after inspections shall be carried out in accordance with clauses 2 and 3, Article 10 of this Circular.

Chapter IV

TRAINING AND PROFESSIONAL ASSESSMENT FOR FIRE PREVENTION, FIREFIGHTING, AND RESCUE INSPECTIONS

Article 12. Training on fire prevention, firefighting, and rescue inspection operations

1. Training participants:

a) Commissioned officers and non-commissioned officers currently assigned to perform fire prevention, firefighting, and rescue inspection duties;

b) Commissioned officers and non-commissioned officers proposed for assignment to perform fire prevention, firefighting, and rescue inspection duties.

2. Training content:

a) Basic professional tasks, record-keeping, and statistical work for managing fire prevention, firefighting, and rescue operations;

b) Promoting and disseminating laws and knowledge on fire prevention, firefighting, and rescue; fostering public movements to participate in fire prevention, firefighting, and rescue activities;

c) Procedures and content for the following: Inspection and acceptance of fire prevention and firefighting systems; inspection of fire prevention and firefighting service businesses; general fire prevention, firefighting, and rescue inspections; issuance of permits for transporting hazardous goods that are flammable or explosive; administrative penalties in the field of fire prevention, firefighting, and rescue; temporary suspension, suspension, and restoration of activities; investigation and resolution of fire and explosion incidents;

d) Skills in using equipment and tools for fire prevention, firefighting, and rescue inspections;

dd) Other related content as prescribed by law.

3. Responsibilities of province-level Public Security:

a) Develop plans and organize training for commune-level Police and the participants specified in clause 1 of this Article;

b) Review and prepare a list of individuals specified in clause 1 and clause 2, Article 13, who have completed training, and compile dossiers to propose that the Fire and Rescue Police Department conduct professional assessments.

4. Responsibilities of the Fire and Rescue Police Department shall organize training and professional assessments for commissioned officers under its management who are assigned to perform fire prevention, firefighting, and rescue inspection duties.

Article 13. Professional assessment for fire prevention, firefighting, and rescue inspections

1. Initial assessments shall be conducted for individuals specified in point b, clause 1, Article 12 of this Circular who have completed training.

2. Periodic assessments shall be conducted every three years for individuals specified in point a, clause 1, Article 12 of this Circular.

3. Responsibilities of the Fire and Rescue Police Department:

a) Notify the time, location, and list of commissioned officers and non-commissioned officers participating in the assessment;

b) Establish a Professional Assessment Council for fire prevention, firefighting, and rescue inspections. The Council shall be chaired by the Director of the Fire and Rescue Police Department, with members including representatives of the leadership from professional units under the Fire and Rescue Police Department.

The Council shall develop regulations, prepare test materials in line with the training program content, and organize and grade the assessments;

c) Notify the assessment results in writing within five working days from the date of obtaining the results.

4. Assessment results are a prerequisite for assigning or continuing to assign commissioned officers and non-commissioned officers to perform fire prevention, firefighting, and rescue inspection duties. The results are valid for three years from the date of notification. Individuals who fail to meet the requirements shall be reassigned to other appropriate tasks.

Article 14. Funding for organizing training and professional assessments for fire prevention, firefighting, and rescue inspections

Funding for compiling and distributing training materials, organizing training sessions, and conducting assessments shall be allocated within the regular budget of the Fire and Rescue Police Department, province-level Public Security, and other lawful funding sources.

Chapter V

IMPLEMENTATION

Article 15. Entry into force

1. This Circular comes into force as of February 8, 2021, and supersedes Circular No. 46/2017/TT-BCA dated October 20, 2017, of the Minister of Public Security, which provided regulations on inspections and professional training for safety inspections in fire prevention and firefighting by the People's Public Security force (hereinafter referred to as Circular No. 46/2017/TT-BCA).

2. Commissioned officers and non-commissioned officers who have been issued Certificates of Professional Competence in fire prevention and firefighting safety inspections under Circular No. 46/2017/TT-BCA and are currently performing inspection duties must participate in professional assessments as prescribed after three years from the issuance of their certificates.

Article 16. Implementation responsibilities

1. Responsibilities of the Fire and Rescue Police Department:

a) Direct, guide, monitor, and inspect the implementation of this Circular;

b) Compile and issue training materials for professional fire prevention, firefighting, and rescue inspections to province-level Public Security;

c) Organize professional assessments for fire prevention, firefighting, and rescue inspections for commissioned officers and non-commissioned officers upon request from province-level Public Security.

2. Responsibilities of province-level Public Security:

a) Commissioned officers and non-commissioned officers currently assigned to perform fire prevention, firefighting, and rescue inspection duties;

b) Annually organize training sessions for the participants specified in clause 1, Article 12 of this Circular, using materials issued by the Fire and Rescue Police Department;

c) Provide venues, facilities, and necessary conditions for organizing training sessions and professional assessments as prescribed by this Circular and the guidance of the Fire and Rescue Police Department.

3. The heads of units under the Ministry of Public Security and Directors of province-level Public Security shall, within the scope of their functions and duties, be responsible for implementing this Circular.

Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Public Security (through the Fire and Rescue Police Department) for timely guidance./.