Continue to contribute ideas and complete the draft Law on Fire Prevention and Fighting

On the morning of November 1, continuing the 8th Session, the National Assembly discussed in the hall a number of contents with different opinions of the draft Law on Fire Prevention, Fire Fighting and Rescue. Vice Chairman of the National Assembly Tran Quang Phuong chaired the meeting.

Vice Chairman of the National Assembly Tran Quang Phuong chaired the meeting.

Clearly define the responsibilities of each subject in fire prevention and fighting activities.

Before proceeding with the discussion, the National Assembly listened to the Chairman of the National Assembly's Defense and Security Committee Le Tan Toi present a report explaining, accepting and revising the draft Law on Fire Prevention, Fire Fighting and Rescue (PCCC and CNCH).

Chairman of the National Defense and Security Committee Le Tan Toi said that, taking into account the opinions of the National Assembly deputies, the National Assembly Standing Committee has directed the reception and careful review of the draft Law's contents with the provisions of current laws; studying, supplementing and completing the draft Law to ensure comprehensiveness and compatibility between the scope of regulation and the contents of the draft Law.

The search and rescue activities assigned to the military have been specifically regulated in relevant legal documents such as the Law on Civil Defense, the Law on Natural Disaster Prevention and Control, etc.; the search and rescue activities regulated by this Law only include situations such as fires and accidents and incidents that occur daily but have not reached the level of civil defense or natural disaster risk as prescribed by relevant laws and are assigned to the fire prevention and rescue forces to preside over and coordinate with other relevant forces to carry out.

Chairman of the National Assembly's Committee on National Defense and Security Le Tan Toi presented a report explaining, accepting and revising the draft Law.

Regarding the responsibility for fire prevention and fighting and search and rescue, the draft law has supplemented and clearly defined the responsibility of each subject in fire prevention and fighting and search and rescue activities, including: Responsibilities of heads of establishments; 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 fire prevention, the draft Law has separated Article 17 on Fire Prevention for Housing into 2 articles including 1 article on Fire Prevention for Housing (Article 19) and 1 article on Fire Prevention for Housing combined with Production and Business (Article 20); at the same time, classifying and supplementing more complete and appropriate regulations for these two types; supplementing full regulations on fire prevention for facilities and specifically showing in Article 22 the draft Law has absorbed and revised. Incorporating and revising comprehensive regulations on ensuring fire safety in the installation and use of electricity for daily life and production to ensure feasibility and avoid overlapping with current legal regulations.

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. Therefore, in order to absorb the opinions of National Assembly deputies and create consistency in the legal system, the National Assembly Standing Committee directed to remove the regulation on fire prevention and fighting service business as 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 regulation in Section 11 of Appendix IV of the Investment Law.

Supplementing the responsibilities of stakeholders during the construction process

Leading the discussion in the hall, Vice Chairman of the National Assembly Tran Quang Phuong asked delegates to focus on giving opinions on the following contents: fire prevention and fighting for houses, for houses combined with production and business; fire prevention and fighting in electricity installation and use; construction, arrangement of fire prevention and fighting, rescue forces; conditions for fire prevention and fighting activities...

Delegate Tran Dinh Chung - National Assembly Delegation of Da Nang City speaks at the discussion

Speaking at the meeting, delegate Tran Dinh Chung - National Assembly Delegation of Da Nang City expressed his high agreement with the name of the Law on Fire Prevention, Fire Fighting and Rescue, ensuring the comprehensive scope of the law and compliance with the Party's policies and guidelines, constitutionality, consistency with the legal system, feasibility and non-overlapping with activities to prevent and overcome natural disasters and catastrophes according to the Law on Civil Defense, Law on Natural Disaster Prevention, Law on Road Traffic Order and Safety, and Vietnam Maritime Law.

Commenting on Article 18 on fire prevention for construction works during construction, the delegate said that construction works during construction must ensure fire safety conditions, but the draft has not yet stated the responsibilities of the relevant parties. Therefore, it is necessary to supplement the fire safety responsibilities of the relevant parties during construction, including: facility owners, individuals, construction units, design supervision and appraisal consultants. The delegate also proposed adding a clause 5 to Article 18: Facility owners, individuals, construction units supervising and approving the design are responsible for inspection and supervision during construction, ensuring fire safety. This is also consistent with clause 2, Article 15, which stipulates that temporary works must have fire safety design solutions suitable to the functions and characteristics of the works.

Delegate Nguyen Minh Tam - National Assembly Delegation of Quang Binh province speaks at the discussion

Speaking at the discussion, 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 on Fire Prevention, Fire Fighting and Rescue; at the same time, he said that this draft Law has demonstrated the spirit of innovation in the thinking of law-making. Accordingly, the draft Law is only a framework, and detailed regulations will be assigned to the Government...

Regarding the content on the responsibilities of agencies, organizations, households and individuals in fire prevention and fighting and search and rescue 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 and fighting and search and rescue team or the specialized fire prevention and fighting and search and rescue team or assigning people to perform fire prevention and fighting and search and rescue tasks within the scope of management according to the provisions of law.

Meanwhile, Article 22 stipulates fire safety conditions for facilities, also requiring the establishment of a fire prevention and rescue force for the facility or a specialized fire prevention and rescue force for the facility according to the provisions of law. At the same time, Clause 4, Article 37 stipulates that the Government stipulates that facilities must establish a fire prevention and rescue team for the facility, and facilities must establish a specialized fire prevention 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 facility only needs to assign people to perform fire prevention and fighting and search and rescue tasks without establishing a facility fire prevention and fighting and search and rescue team or a specialized fire prevention and fighting and search and rescue team. Therefore, the drafting agency needs to review and revise these provisions to ensure consistency...

In addition, the delegate noted that the draft Law has many contents assigned to the Government for specific and detailed regulations. Therefore, to ensure that when the Law comes into effect, it will be applied immediately, the delegate suggested that the drafting agency prepare a draft Decree with detailed regulations and promulgate it so that it takes effect at the same time as the Law in accordance with the provisions of the Law on Promulgation of Legal Documents.

Delegate Vu Hong Luyen - National Assembly Delegation of Hung Yen province speaks at the discussion

Expressing his views on some controversial contents of the draft Law on Fire Prevention, Fire Fighting and Rescue, delegate Vu Hong Luyen - National Assembly Delegation of Hung Yen province proposed to add fire prevention for high-rise apartments. Because many high-rise apartments have been in use for a long time, the infrastructure is degraded and prone to fire and explosion...

According to delegate Vu Hong Luyen, high-rise apartment buildings are densely populated areas with high risk of fire and explosion. Many high-rise apartment buildings were built a long time ago, and during use, the technical system was damaged or repaired, leading to the work of fire prevention, fire fighting, rescue and relief no longer being guaranteed. With the above argument, the delegate said that there should be regulations on the traffic system leading to high-rise apartment buildings to ensure that at least specialized fire prevention, firefighting, rescue and relief vehicles can access when a fire or explosion occurs to minimize damage to people and property.

In addition, escape skills are a particularly important basic skill for people in any fire. In order to protect themselves and those around them, reduce casualties, and coordinate well with the rescue force when a fire or explosion occurs, delegate Vu Hong Luyen suggested that the drafting agency study and supplement more detailed and specific regulations on escape skills. Accordingly, the responsibilities of those trained and fostered in fire prevention and rescue skills as prescribed in Clause 1, Article 45 of the draft Law are supplemented in training, fostering, and regular practice for the grassroots level, hamlets, villages, residential groups, and households.

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The Draft Law on Fire Prevention, Fire Fighting and Rescue consists of 9 chapters and 59 articles regulating fire prevention, fire fighting and rescue; forces, means, ensuring operating conditions and rights, obligations and responsibilities of relevant agencies, organizations, households and individuals in fire prevention and fire fighting activities.
Fire, rescue and relief. When passed, the Law is expected to take effect from July 1, 2025.

Source: https://baotainguyenmoitruong.vn/tiep-tuc-gop-y-hoan-thien-du-thao-luat-phong-chay-chua-chay-va-cuu-nan-cuu-ho-382546.html