NDO - On the morning of November 1, continuing the 8th session of the 15th National Assembly, the National Assembly discussed in the hall the draft Law on Fire Prevention, Fire Fighting and Rescue. The draft law supplements the regime and policies for officers, non-commissioned officers and soldiers of the Fire Prevention, Fire Fighting and Rescue Police force who directly carry out fire fighting and rescue activities in Clause 2, Article 47 and assigns the Government to specify the details.
On behalf of the National Assembly Standing Committee, Chairman of the National Assembly's Committee for National Defense and Security Le Tan Toi presented a report explaining, accepting and revising the draft Law on Fire Prevention, Fire Fighting and Rescue.
Removing the regulation that fire prevention and fire fighting services are conditional business lines Regarding some specific contents of the draft Law, Chairman of the National Defense and Security Committee Le Tan Toi said that, accepting the opinions of National Assembly Deputies, the National Assembly Standing Committee has directed the acceptance and careful review of the draft Law's contents with the provisions of current laws; researching, supplementing and completing the draft Law to ensure comprehensiveness and compatibility between the scope of regulation and the contents of the draft Law.
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Chairman of the National Defense and Security Committee Le Tan Toi. (Photo: DUY LINH) |
Regarding the responsibility for Fire Prevention, Fire Fighting and Rescue, the draft law has supplemented and clearly defined the responsibility of each subject in Fire Prevention, Fire Fighting and Rescue activities, including: Responsibilities of heads of facilities; owners of means of transport; investment decision makers, investors, vehicle owners, agencies, organizations, individuals in construction activities, production, assembly, building, and conversion of means of transport; household owners, individuals, and cases of renting, borrowing, and staying at houses, and specifically stated in the corresponding clauses of Article 7 of the draft Law that have been accepted and revised. Regarding the regulations on fire prevention and fighting service business, Chairman Le Tan Toi said that the National Assembly Standing Committee agreed with the above opinions that it is necessary to implement the Party's policy on "promoting the socialization of fire prevention and fighting work", creating more favorable conditions for establishments and enterprises in consulting, designing, constructing, manufacturing, importing, and trading fire prevention and fighting means and equipment, and encouraging individuals and organizations to participate in fire prevention and fighting and rescue activities.
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Scene of the morning meeting on November 1. (Photo: DUY LINH) |
Therefore, in order to absorb the opinions of National Assembly Deputies and create consistency in the legal system, the National Assembly Standing Committee has directed to remove the provision that Fire Prevention and Fighting Services is a conditional business investment sector in this draft Law, and at the same time proposed to amend the Investment Law No. 61/2020/QH14 to remove this provision in Section 11 of Appendix IV of the Investment Law. In addition, the draft Law has absorbed, revised and supplemented regulations on financial resources and ensuring conditions for fire prevention, fire fighting and rescue activities, redesigned the transitional provisions, separated a provision on handling facilities and constructions that do not meet fire prevention and fire fighting requirements and are put into use before the effective date of this Law... There are opinions suggesting that the Government continue to increase resources in fire prevention, fire fighting and rescue, pay more attention to policies for teams and forces directly involved in fire prevention, fire fighting and rescue; propose to stipulate that the State allocates a separate budget for the annual purchase and maintenance of equipment. In response to comments, the National Assembly Standing Committee directed the revision of the regulations on expenditures for investment, construction, repair and maintenance of systems and vehicles in Article 50 of the draft law and supplemented the regime and policies for officers, non-commissioned officers and soldiers of the Fire Prevention, Fire Fighting and Rescue Police Force directly performing fire fighting and rescue activities in Clause 2, Article 47 of the draft law and assigned the Government to provide detailed regulations.
There should be a division of responsibilities in fire prevention and fighting. Speaking at the meeting, delegate Nguyen Minh Tam - National Assembly Delegation of Quang Binh province expressed his basic agreement with the contents of the Report on explanation, reception and revision of the draft Law on Fire Prevention, Fire Fighting and Rescue. Regarding the content on the responsibilities of agencies, organizations, households and individuals in fire prevention, fire fighting, rescue and salvage activities, the delegate said that Article 7 of the draft Law stipulates that the head of the facility is responsible for establishing and maintaining the operation of the facility fire prevention, fire fighting and rescue team or the specialized fire prevention, fire fighting and rescue team or assigning people to perform fire prevention, fire fighting and rescue tasks within the scope of management according to the provisions of law.
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Speaking at the meeting, delegate Nguyen Minh Tam - National Assembly Delegation of Quang Binh province expressed his basic agreement with the contents of the Report on explanation, acceptance and revision of the draft Law. (Photo: DUY LINH) |
Meanwhile, Article 22 stipulates fire safety conditions for establishments, also requiring the establishment of a fire prevention, firefighting, and rescue force at the establishment or a specialized fire prevention, firefighting, and rescue force at the establishment according to the provisions of law. At the same time, Clause 4, Article 37 stipulates that the Government stipulates that establishments must establish a fire prevention, firefighting, and rescue team at the establishment, and establishments must establish a specialized fire prevention, firefighting, and rescue team. According to the delegate, there is no consistency between the provisions of the draft Law, and it is not clear in which cases the establishment only needs to assign people to perform fire prevention, firefighting, and rescue tasks without establishing a fire prevention, firefighting, and rescue team at the establishment or a specialized fire prevention, firefighting, and rescue team. Therefore, the drafting agency needs to review and revise these regulations to ensure consistency... Regarding the state budget to ensure fire prevention, fire fighting, rescue and salvage activities (Article 50), the delegate said that according to the provisions of Point c, Clause 2, Article 38 of the State Budget Law, the field of "national defense, security, social order and safety" is one of the regular expenditure tasks of the local budget. Fire prevention, fire fighting, rescue and salvage work is also one of the contents in the field of national defense and security. Therefore, the delegate said that it is not necessary to stipulate that "in the annual national defense and security budget expenditure tasks of the People's Committees at all levels, there must be content to ensure fire prevention, fire fighting, rescue and salvage work" in Clause 1, Article 50 of the draft Law. The delegate suggested that the drafting agency consider this provision.
Clearly define the responsibilities of heads of agencies, organizations, and households in fire prevention. Participating in the discussion session, delegate Do Ngoc Thinh - National Assembly Delegation of Khanh Hoa province expressed his agreement with the content of the report explaining, accepting, and revising the draft Law on Fire Prevention, Fire Fighting, Rescue and Relief. In addition, the delegate said that the draft Law needs to clearly define the responsibilities of heads of agencies, organizations, and households in fire prevention, directly in the design and use of electricity in agencies, organizations, and households. The delegate said that Article 7 of the draft Law stipulates the responsibilities of agencies, organizations, households, and individuals in fire prevention, fire fighting, rescue and relief activities. However, this article has not yet clearly stated the responsibilities of heads of agencies, organizations, and households. Delegates proposed to add to Clause 3 of this Article the following content: The head of an agency, organization, or household must take primary responsibility for fire prevention in case a fire occurs at his or her agency, organization, or household.
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Delegate Do Ngoc Thinh said that the draft Law needs to clearly define the responsibilities of heads of agencies, organizations, and households in fire prevention, directly in the design and use of electricity in agencies, organizations, and households. (Photo: DUY LINH) |
Article 23 of the draft Law stipulates fire prevention in the installation and use of electricity. However, the draft Law has not clearly stated the safety equipment system in the use of electricity for daily life as well as production and business, it only generally states the conditions for fire prevention and safety. The delegate said that it is necessary to clarify that each electrical device must have a fuse system so that when a fire occurs, the fuse will automatically cut off the power source, not causing other means and equipment to catch fire. The delegate proposed to add a clause to Article 23 with the content: When installing and using electricity for daily life, production and business, there must be equipment to ensure automatic power cut-off. Articles 49 and 50 of the draft Law mention the financial source to ensure fire prevention, fire fighting, rescue and relief mainly from the state budget. The delegate said that it is necessary to further promote the responsibility of agencies, organizations, householders and individuals. Accordingly, these entities in fire prevention and fighting relationships should bear a portion of the costs for fire fighting. Delegates believe that after completing fire fighting, agencies, organizations, householders, and individuals should bear a portion of the costs at a certain rate.
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