Circular No. 06 2022 TT BCA

06/07/2022

Ban hành quy định Quy định quy trình thực hiện nhiệm vụ công tác phòng cháy, chữa cháy, cứu nạn, cứu hộ trong Công an nhân dân

Pursuant to the Law on Fire Prevention and Fighting dated June 29, 2001; Law amending and supplementing a number of articles of the Law on Fire Prevention and Fighting dated November 22, 2013; - Pursuant to the Law on Handling of Administrative Violations dated June 20, 2012; Law amending and supplementing a number of articles of the Law on Handling of Administrative Violations dated November 13, 2020; - Pursuant to Decree No. 166/2013/ND-CP dated November 12, 2013 of the Government regulating enforcement of decisions on sanctioning administrative violations; - Pursuant to Decree No. 83/2017/ND-CP dated July 18, 2017 of the Government regulating rescue work of fire prevention and fighting forces; - Pursuant to Decree No. 61/2018/ND-CP dated April 23, 2018 of the Government stipulating the implementation of the one-stop shop and interconnected one-stop shop mechanism in handling administrative procedures; - Pursuant to Decree No. 65/2018/ND-CP dated May 12, 2018 of the Government detailing the implementation of a number of articles of the Railway Law; - Pursuant to Decree No. 01/2018/ND-CP dated August 6, 2018 of the Government regulating the functions, tasks, powers and organizational structure of the Ministry of Public Security; - Pursuant to Decree No. 42/2020/ND-CP dated April 8, 2020 of the Government regulating the List of dangerous goods, transporting dangerous goods by road motor vehicles and transporting goods dangerous chemicals on inland waterways; - Pursuant to Decree No. 136/2020/ND-CP dated November 24, 2020 of the Government detailing a number of articles and measures to implement the Law on Fire Prevention and Fighting and the Law amending and supplementing a number of articles of the Law on Fire Prevention and Fighting; - Pursuant to Decree No. 118/2021/ND-CP dated December 23, 2021 of the Government detailing a number of articles and measures to implement the Law on Handling of Administrative Violations; - At the request of the Director of the Police Department of Fire Prevention, Fighting and Rescue; - The Minister of Public Security promulgates a Circular stipulating the process of performing fire prevention, fighting, rescue and rescue tasks in the People's Public Security.

 

Chapter I GENERAL RULES

         Article 1. Scope This Circular regulates the process of performing tasks of fire prevention, fire fighting, rescue, and rescue work performed by police officers and non-commissioned officers (collectively referred to as officers and soldiers) in the People's Public Security Department. people, including: Design approval, checking acceptance results on fire prevention and fighting; inspect and issue certificates of inspection of fire prevention and fighting equipment; Issuance, renewal, re-issuance of Certificate of professional training in fire prevention, fighting, rescue, rescue practice certificate, Fire prevention and fighting consulting practice certificate, Certificate of eligibility for business of fire prevention services and fire fighting; Issue licenses to transport goods at risk of fire and explosion by motor vehicles by road, inland waterways, and railways; Approve and re-approve the facility's firefighting plan; restore operations of establishments, motor vehicles, households and individuals; sanction administrative violations in the fields of fire prevention, fighting, rescue and recovery; Enforce the implementation of decisions on sanctioning administrative violations in the fields of fire prevention, fighting, rescue and recovery. Article 2. Implementation principles 1. Comply with the provisions of the Law on Fire Prevention and Fighting, the Law amending and supplementing a number of articles of the Law on Fire Prevention and Fighting, documents detailing implementation, this Circular and other regulations of the Law on Fire Prevention and Fighting. relevant laws. 2. Ensure unity in organization, direction, and administration in performing fire prevention, fighting, rescue, and relief tasks. 3. Assign and decentralize specific responsibilities, ensure quality and progress of assigned tasks. Article 3. Time for delivery and receipt of documents The time for delivery and receipt of dossiers for processing within the Police force specified in this Circular is carried out between the dossier receiving department and the unit or department with the function of handling dossiers, specifically: 1. Delivery and receipt of documents must be done immediately during prescribed working hours. In case documents are sent at the end of working hours, delivery and receipt must be done in the early morning of the next working day. 2. The Director of the Police Department of Fire Prevention, Fighting and Rescue, the Director of the Police of the province or centrally run city (hereinafter referred to as the Director of the Provincial Police) shall decide on the specific time frame. Deliver and receive documents from directly managed units according to organizational structure. Article 4. Appendices and forms used in the process of performing fire prevention, fighting, rescue and rescue tasks in the People's Police Issued together with this Circular are Appendixes and forms for use in the process of performing tasks of fire prevention, fighting, rescue and rescuing in the People's Public Security: 1. Appendix lists components of documents submitted for signature on fire prevention, fighting, rescue, and rescue in the People's Public Security. 2. Control sheet for the process of handling documents on fire prevention, fighting, rescue and recovery in the People's Police. chapter II SPECIFIED Article 5. Approval of fire prevention and fighting designs 1. Regarding dossiers and the receipt and processing of dossiers for approving fire prevention and fighting designs, comply with the provisions of Clauses 4, 6, 7, 8 and Clause 9, Article 13 of Decree No. 136/2020 /ND-CP dated November 24, 2020 of the Government detailing a number of articles and measures to implement the Law on Fire Prevention and Fighting and the Law amending and supplementing a number of articles of the Law on Fire Prevention and Fighting (after This is abbreviated as Decree No. 136/2020/ND-CP). 2. After receiving the dossier according to regulations, the officer receiving the dossier prepares and records complete information in the Control Sheet of the process of handling dossiers on fire prevention, fighting, rescue, and rescuing in the Police. People's Committee (hereinafter referred to as the Document Processing Process Control Sheet) issued together with this Circular, report to the person with direct management authority to approve and hand over the documents to the authorized unit or department. assigned to resolve. 3. Leaders and commanders of units and departments assigned to carry out the work of approving and approving fire prevention and fighting designs assign staff to carry out the process using the Document Processing Process Control Sheet issued together with the Circular. this private. 4. Officials assigned to handle dossiers are responsible for researching and comparing received dossiers according to the provisions of Clause 4, Article 13 of Decree No. 136/2020/ND-CP with the provisions of law, technical regulations and standards on fire prevention and fighting and take the following steps:

a) Draft comments and approval content on fire prevention and fighting; In case it is necessary to get opinions on fire prevention and fighting from experts, agencies or organizations for dossiers requesting approval for technical designs or construction drawing design dossiers with technical systems, new, complex technology: Report directly to leaders and commanders to propose to those with direct management authority to consider and decide; b) In case of proposal to handle the application: Draft document approving the construction site or written comments on fire prevention and fighting solutions or Certificate of approval for fire prevention and fighting design according to Form No. PC07, Appendix IX issued with Decree No. 136/2020/ND-CP or document approving fire prevention and fighting design according to Form No. PC09, Appendix IX issued with Decree No. 136/ 2020/ND-CP, written notice of payment of fees for appraisal and approval of fire prevention and fighting designs (if any), reports and proposals for leaders and commanders to directly submit to the person with direct management authority. approve, sign. Components of documents submitted for signature are specified in Points a, b, c, d, dd and point g, Section 1. Appendix list of components of documents submitted for signature on fire prevention, fire fighting, rescue and rescue in the Police People's Committee (hereinafter referred to as Appendix list of components of dossier submitted for signature) issued together with this Circular; c) In case of proposal to refuse to handle the file: Draft a written response, clearly stating the reason, report to the leader or commander directly and submit it to the person with direct management authority for approval and signature. Components of documents submitted for signature are specified in Points a, b, c, e and g, Section 1. Appendix list of components of documents submitted for signature issued with this Circular; d) After the Fire Prevention and Fighting Design Approval Certificate or Fire Prevention and Fighting Design Approval Document is approved, sign: Make a stamp of approval of the fire prevention and fighting design According to Form No. PC08 specified in Point d, Clause 11, Article 13 of Decree No. 136/2020/ND-CP, ensuring the following principles: Only stamp the approval on the explanation and drawing showing the approved content according to the drawing symbol identified in the Fire Prevention and Fighting Design Approval Certificate or appraisal document. Approving fire prevention and fighting designs; Record complete information in the fire prevention and fighting design approval stamp on the drawing, including number and date of issuance of the Fire Prevention and Fighting Design Approval Certificate or design approval document. on fire prevention and fighting; d) Hand over the Fire Prevention and Fighting Design Approval Certificate or Fire Prevention and Fighting Design Approval Document with the dossier stamped ''Fire Prevention and Fighting Design Approved'' and written notice of payment of fees for appraisal and approval of fire prevention and fighting designs (if any) or written response enclosed with previously submitted dossiers and control sheet of the dossier processing process to the paying department. result. 5. Prepare and store fire prevention and fighting design approval documents according to regulations on People's Police professional records. For photo files or copies of documents stamped ''Approved fire prevention and fighting design'' submitted by the investor, the unit or department assigned to carry out the work Approving and approving fire prevention and fighting designs is responsible for storing them for exploitation when checking the acceptance results of fire prevention and fighting.

Article 6. Check acceptance results on fire prevention and fighting 1. Regarding dossiers and the receipt and processing of dossiers requesting inspection of fire prevention and fighting acceptance results, comply with the provisions of Clauses 2, 4, 5, 6 and Clause 7, Article 15 of the Decree. No. 136/2020/ND-CP. In case the dossier requesting to check the acceptance results of fire prevention and fighting is not within the authority to handle, the officer or soldier receiving the dossier records the information in the refusal to accept and handle the dossier according to Form No. 03 Appendix issued together with Circular No. 01/2018/TT-VPCP dated November 23, 2018 of the Government Office guiding the implementation of a number of regulations of Decree No. 61/2018/ND-CP dated November 23 4 of 2018 of the Government on implementing the single-window and interconnected one-stop mechanism in handling administrative procedures (hereinafter referred to as Circular No. 01/2018/TT-VPCP) and returning documents to agencies, organizations and individuals. 2. After receiving the dossier according to regulations, the officers and soldiers receiving the dossier shall prepare and record full information in the dossier handling process control sheet issued with this Circular and report to the responsible person. Direct management authority to approve and hand over documents to the assigned unit or department for resolution. 3. Leaders and commanders of units and departments assigned to carry out the work of approving and approving fire prevention and fighting designs assign officers and soldiers to perform tasks using the Document Processing Process Control Sheet. promulgated together with this Circular. 4. Officers and soldiers assigned to handle dossiers shall carry out the following steps: a) Propose the content, time, composition of the inspection team, draft plan to check the acceptance results of fire prevention and fighting, draft notification document for investors, vehicle owners and applications. Relevant units, report directly to leaders and commanders, submit to the person with direct management authority for approval, signature and send to the investor, motor vehicle owner and relevant agencies and units; b) When checking the acceptance results of fire prevention and fighting, officers and soldiers perform the following tasks: Introducing the inspection team members, announcing the content and inspection plan related to the acceptance of fire prevention and fighting of works and motor vehicles with special requirements for fire prevention and fighting on fire; Conduct an inspection of the acceptance results of fire prevention and fighting according to the content specified in Clause 3, Article 15 of Decree No. 136/2020/ND-CP and approve the inspection content according to Form No. PC10, Appendix IX issued attached to Decree No. 136/2020/ND-CP. c) Based on the record of inspection of acceptance results: In case of proposal to resolve the dossier: Draft document approving the acceptance results of fire prevention and fighting according to Form No. PC12 Appendix IX issued with Decree No. 136/2020/ND-CP, consular report Directly direct and command and submit to the person with direct management authority for approval and signature. Components of dossier submitted for signature are specified in Points a, b, c, d and e, Section 2 of the Appendix list of dossier components submitted for signature issued with this Circular;

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