CIRCULAR

ON ELABORATION OF DECREE NO.83/2017/ND-CP DATED JULY 18, 2017 PROVIDING FOR RESCUE OPERATIONS BY FIREFIGHTING FORCES

Pursuant to the Law on Fire Prevention and Fighting dated June 29, 2001 which is amended in the Law dated November 22, 2013 on amendments to the Law on Fire Prevention and Fighting (hereinafter referred to as "Law on Fire Prevention and Fighting");

Pursuant to Decree No.83/2017/ND-CP dated July 18, 2017 on regulations on rescue operations of firefighting forces (hereinafter referred to as "Decree No.83/2017/ND-CP");

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

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

The Minister of Public Security promulgates a Circular on elaboration of Decree No.83/2017/ND-CP dated July 18, 2017 which provides for rescue operations of firefighting forces.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular provides for arrangement of forces and number of guards for rescue operations, training programs, inspection of conditions for safety assurance, guidelines for emergency prevention , cooperation among forces engaged in the rescue operation, specifications of flag, sign and band used in the rescue operation, records on management and monitoring of rescue operation, statistics and reports made by firefighting forces.

Article 2. Regulated entities

This Circular applies to:

1. Firefighting forces engaged in rescue operations

2. Local police authorities

3. Agencies, organizations, households and individuals relating to the rescue operation by firefighting forces

Chapter II

SPECIFIC PROVISIONS

Article 3. Arrangement of rescue police force 

1. Requirements for arrangement of the rescue police force

a) There must be enough standing force for rescue operation 24/24 and the alternative force is always available;

b) The force must be arranged in a professional manner;

c) The rescue police force shall be arranged at local police authorities in consistent with regulations in Article 25 of Decree No.83/2017/ND-CP.

2. In case such force is arranged in Division or Team of Rescue Police, the Minister of Public Security shall hold the authority to establish such Division and Team.

Article 4. Guard duty for rescue operations

1. The fire departments shall be on guard for rescue operation as prescribed in Circular No.50/2017/TT-BCA dated November 01, 2017 of the Minister of Public Security which provides for the standing force for fire fighting and rescue operation by the Fire and Rescue Police force.

2. For internal emergency response team  and professional firefighters, the number of people on guard for rescue operation shall be decided by the head of the establishment in such a way that there are enough guards to receive and process information as well as operate equipments used in rescue operation and fulfill the rescue obligation. 

3. If the neighborhood watch is required to be on guard for rescue operation, the number of guards shall be decided by the Chairmen of People's Committees of communes.

Article 5. Guidelines for emergency prevention applied to houses, construction works, vehicles and equipments

1.  According to rescue operation requirements, nature and characteristics of the area  the neighborhood watch, internal emergency response team and professional firefighters, as assigned and authorized, shall recommend heads of agencies, organizations, establishments and local government authorities to issue rules and plans for rescue, specifically as follows:

a) Rules for rescue operations including prohibited acts, responses to emergencies, maintenance and use of equipments, instruments and vehicles for rescue operation-.

b) Rescue plan consisting of internal road system, emergency exit and refuge, where necessary

2. Signs used in rescue operation including signs at accident-prone areas and locations, signs for rescue and signs at area only for the rescue force

The fire departments shall provide guidelines for specimen of signs used in the rescue operation.

3. Rules, plans and signs for rescue instruction must be disseminated and posted in such a place that everyone can see and follows such instruction. 

Article 6. Inspection of conditions for ensuring safety of rescue operations by fire departments

1. The fire departments shall carry out the inspection of conditions for assuring safety of rescue operations as prescribed in clause 2 in Article 12 of Decree No.83/2017/ND-CP.

Inspection of conditions for ensuring safety of rescue operations in establishments shall be carried out in conjunction with inspection of safety of fire prevention and fighting while other inspections of conditions for ensuring safety of rescue operations shall be carried out in accordance with provisions of laws.

2. Responsibilities for periodic and irregular inspection

a) The person in charge of periodic inspection shall notify the inspection time and matters as well as components of the inspection delegation to the subject to be inspected at least 3 working days before the inspection;

a) The person in charge of irregular inspection shall notify reason for inspection to the inspected subject; the fire departments must present the letter of recommendation of the supervisory authority when carrying out the irregular inspection;

c) The subject to be inspected shall make all preparations for inspection matters announced and assign the competent person to cooperate with the person in charge of the inspection.

3. Inspection of conditions for ensuring safety of rescue operation must be recorded according to Form No.3 issued together with Decree No.83/2017/ND-CP.

Article 7. Provision of training in rescue operation for neighborhood watch, internal emergency response team and professional firefighters

1. Mandatory content of a training program in rescue operation:

a) General issues concerning rescue operations by neighborhood watch, internal emergency response team and professional firefighters;

b) Training in rescue techniques according to situations prescribed in clause 1 in Article 5 of Decree No.83/2017/ND-CP;

c) Functions and instructions for use of common equipment, vehicles and instruments used in the rescue operation;

d) Intensive training according to particular characteristics of the trainee;

dd) First aid techniques;

e) Final examination

2. Contents of a training course in operation of rescue shall at least contain:

a) Legal knowledge about rescue including Decree No.83/2017/ND-CP and guiding document for implementation of such Decree as well as other relevant legislative documents; 

b) Methods, techniques and strategies for rescue applied to certain situations prescribed in clause 1 in Article 5 of Decree No.83/2017/ND-CP.

3. The Fire and Rescue Police Department shall prepare documents for training in professional operation of rescue suitable to the trainee prescribed in clause 1 in Article 11 of Decree No.83/2017/ND-CP.

4. The specimen of "Chứng nhận huấn luyện nghiệp vụ phòng cháy, chữa cháy, cứu nạn, cứu hộ" (“Certificate of training in fire prevention and fighting, rescue”) shall be printed out and issued by the Fire and Rescue Police Department.

Article 8. Contents and duration of training courses in operation of rescue for fire departments

1.  Mandatory content of a training program in rescue operation:

a) General issues concerning the rescue operations by firefighting forces as prescribed in Decree No.83/2017/ND-CP;

b) Thematic or intensive training in rescue operation according to situations prescribed in clause 1 in Article 5 of Decree No.83/2017/ND-CP;

c) Functions and instructions for use of common equipments, vehicles and instruments used in the rescue operation;

d) Intensive training according to particular characteristics of the trainee;

dd) First aid techniques;

e) Final examination

2. Contents of a training course in operation of rescue shall at least contain:

a) Legal knowledge about rescue including Decree No.83/2017/ND-CP and guiding document for implementation of such Decree as well as other relevant legislative documents; 

b) State management in rescue operation:

b) Methods, techniques and strategies for rescue applied to certain situations prescribed in clause 1 in Article 5 of Decree No.83/2017/ND-CP.

d) Other contents as required by competent authorities

3. Duration for training in operation of rescue:

The fire departments shall be annually trained in rescue operation for:

a) 200 hours, with regard to leaders of division-level;

b) 300 hours, with regard to leaders of Rescue Police Teams;

b) 400 hours, with regard to team leaders, deputies and members of Rescue Police Teams;

Article 9. Records on management and monitoring of rescue operations by establishments and other subjects as regulated by laws

1. Records on management and monitoring of rescue include:

a) Rules, internal rules, procedures and documents for guidelines on rescue;

b) Plans for layout of technologies, technical systems and supplies likely to cause accidents of the establishment and plans for layout of accident-prone areas;

c) Decisions on establishing neighborhood watch teams, internal emergency response team and professional firefighter teams and lists of people in charge of rescue operation as assigned;

d) Approved rescue plans of establishments and reports on results of practicing those rescue plans;

dd) Written records of inspection of fire prevention and fighting and rescue and written proposals for rescue operations;

e) Books monitoring rescue operation propaganda and training in operation of rescue; rescue operations by the neighborhood watch, internal emergency response team and professional firefighters and books for monitoring of vehicles for rescue operations; 

g) Statistic and reports on rescue operations; records of emergencies and other relevant documentation (if any)

2. Records on management and monitoring of rescue operations shall be made in conjunction with records on management and monitoring on fire prevention and fighting.

Aricle 10. Statistics and reports on rescue operations

1. Statistics on rescue operations include:

a) Number of organized inspections, training and penalty imposition regarding fire prevention and fighting, rescue;

b) Lists of members of neighborhood watch, internal emergency response team and professional firefighter team;

c) Data about vehicles and instruments for rescue operations;

d) Data about duration of learning and practicing rescue plans, number of emergencies and rescue operation and other issues relating to the rescue operations;

dd) Quantity of participants in the training courses in rescue by members of the neighborhood watch, internal emergency response team and professional firefighter teams

2. Report on rescue operations include:

a) Reports on emergencies;

b) Periodic reports on rescue operations (every 6 months or every year);

c) Summary reports on rescue operations

3. Statistics and reports on rescue operations shall be prepared in conjunction with statistics and reports on fire prevention and fighting.  Periodic statistics and reports must be sent to the superior supervisory agencies or organizations.  In case of changes in regard to assurance of safety of emergency prevention in the agency or organization, such agency or organization shall timely notify those changes to its supervisory fire department

Article 11. Cooperation among forces involved in the rescue operation

1. Responsibilities for cooperation in dealing with emergencies by People's Police

a) When being asked for cooperation in dealing with emergencies, the Mobile Police Department shall immediately send forces and vehicles to the emergency scene for the purpose of protecting the rescue zone and perform other tasks as required by the leader of the rescue operation;

b) The Traffic Police Department shall immediately send forces and vehicles to the emergency scene to perform tasks as regulated if receiving information on vehicles in accidents.  If the emergency is considered a fundamental situation in rescue operations by firefighting forces, it shall be promptly notified to the firefighting forces for handling and performing tasks as required by the leader of the rescue operation;

c) Other police authorities shall promptly arrive on the emergency scene to perform rescue operations and notify the emergency situation to fire departments for timely response and perform other tasks as required by the leader of the rescue operation if receiving information on emergencies arising within the localities under their management.

2. Firefighting forces who arrive on the scene and discover that the victim can only be taken to the safe place by using medical methods shall promptly notify the situation to the nearest medical facility which has eligibility for medical treatment in accordance with medical regulations.

Article 12. Costume for rescue operations of neighborhood watch, internal emergency response team and professional firefighters

Rescue costume of neighborhood watch, internal emergency response team and professional firefighters is the firefighter costume in accordance with regulations issued by the Minister of Public Security on firefighter costume of neighborhood watch, internal emergency response team and professional firefighters.

Chapter III

IMPLEMENTATION

Article 13. Flags, signs and bands used in rescue operation

1. Specification of flag, sign and band used in the operation of rescue issued thereto include:

a) Specification of flags used in the rescue operation and flags of the commanding committees of the rescue operation (Appendix 1);

b) Specification of bands of the leader of the rescue operation (Appendix 2);

c) Specification of signs and tapes indicating the boundary of rescue zone (Appendix 3);

d) Specification of signs at the rescue zone (Appendix 4);

2. Funding for producing flags, signs and bands used in the rescue operation shall be allocated from the funding source for recurrent expenditure of the Ministry of Public Security provided to the Fire and Rescue Police Department and local police authorities.

3. Agencies and organization shall self-finance the production of signs and tapes indicating the boundary of rescue zone and signs at the rescue zone used in the rescue operation prescribed in point c and d in clause 1 in this Article without asking for funding from state budget.

Article 14. Effect

1. This Circular comes into force from April 25, 2018 and replaces Circular No.65/2013/TT-BCA dated November 26, 2013 of the Minister of Public Security on elaboration of Decision No.44/2012/QD-TTg dated October 15, 2012 of the Prime Minister.

2. The certificate of training in fire preventing and fighting and rescue, record of inspection of fire prevention and fighting prescribed in Circular No.66/2014/TT-BCA dated December 16, 2014 which elaborates the Decree No.79/2014/ND-CP dated July 31, 2014 on enforcement of the Law on Fire Prevention and Fighting and the Law on amendments to the former law shall be conformable with regulations in point b and c in clause 1 in Article 43 of Decree No.83/2017/ND-CP.

Article 15. Implementation provisions

1. Director of the Fire and Rescue Police Department shall take responsibility to provide guidelines for implementation of this Circular and inspect such implementation.

2. Local police authorities, relevant organizations and individuals shall take responsibility to implement this Circular.

If any difficulty or question arising during the implementation, local police authorities, agencies, organizations and individuals shall notify such difficulty or question to the Ministry of Public Security (through the Fire and Rescue Police Department) for timely instruction.

APPENDIX

SPECIFICATION OF PRIORITY SIGNALS AND SIGNALS USED IN RESCUE OPERATION
(Issued together with Circular No.08/2018/TT-BCA dated March 05, 2018 of the Minister of Public Security)

Appendix 1: Specification of signs used in rescue operation and signs of the commanding committee of the rescue operation

1. Priority flags for vehicles used in the rescue operation are made of satin with blue background, yellow border and bear a picture of a yellow arrow and a phrase in yellow.

2. The flag of the commanding committee of the rescue operation is made of satin with blue background, yellow border and bears a phrase in yellow.

APPENDIX 2

SPECIFICATION OF BANDS OF THE LEADER OF RESCUE OPERATION

The band of the leader of the rescue operation is made of satin with red background, yellow border and bears a phrase in yellow.

APPENDIX 3

SPECIFICATION OF SIGNS AND TAPES INDICATING THE BOUNDARY OF RESCUE ZONE

1. The sign at dangerous areas is in yellow background with red border and bears a phrase in red.

2. Tapes indicating the boundary of rescue zone and cones zoning the rescue area:

a) The tape indicating the boundary of rescue zone is in red background with yellow border and bears a phrase in yellow.

b) The cone zoning rescue area has a black plastic base with yellow and red body.

APPENDIX 4

SPECIFICATION OF SIGNS AT THE RESCUE ZONE