【越南法令更新】消防法規更新136/2020/ND-CP_生效日2021/1/10

之前小編寫過【越南法令更新】149/2020 / TT-BCA防火消防法通知更新,生效日2021/2/20【越南消防】消防相關法規27/2001 / QH10、40/2013/QH13、79/2014/NĐCP、66/2014/TT-BCA

又有法令更新136/2020/ND-CP_生效日2021/1/10。

昨天小編被問到消防人力配置問題,小編初步看起來跟以前消防人力配置規定差不多。

有增加關於自動消防設備感覺若有連結到消防局的話也不用強制設立消防隊,但小編還是建議找消防局來指導會比較好

另外津貼計算也是不太一樣,給大家參考一下!

136/2020/ND-CP

Article 31. Establishment and management of internal and specialized firefighting forces and assurance of operating conditions thereof

1. Heads of facilities and owners of businesses of infrastructures for industrial parks, industry clusters, export-processing zones and hi-tech parks shall establish an internal firefighting force and directly maintain its operation on a full-time or part-time basis. Heads of the regulatory bodies and organizations mentioned in Clause 3 Article 44 of the Law on Fire Prevention and Fighting shall establish and maintain a specialized firefighting force and directly maintain its operation on a full-time or part-time basis.

2. Heads of regulatory bodies and organizations directly managing a facility shall decide establishment, promulgate operating regulations, ensure funding, equipment and necessary conditions and maintain operation of the internal firefighting force and specialized firefighting force.

3. Composition of internal and specialized firefighting forces:

a) For facilities with less than 10 regular workers, all workers shall participate in the internal and/or specialized firefighting force, which shall be led by the facility head;

b) For facilities with from 10 to 50 regular workers, the internal and/or specialized firefighting force shall have at least 10 members on payroll, including 01 leader;

c) For facilities with from 50 to 100 regular workers, the internal and/or specialized firefighting force shall have at least 15 members on payroll, including 01 leader and 01 vice leader;

d) For facilities with more than 100 regular workers, the internal and/or specialized firefighting force shall have at least 25 members on payroll, including 01 leader and 02 vice leaders;

dd) For facilities with multiple independent business units and factories and more than 100 regular workers, each unit or factory shall have 01 internal and/or specialized firefighting team with at least 05 members on payroll, including 01 leader;

e) For facilities provided with motor firefighting equipment, the standing members of the internal or specialized firefighting force on payroll must correspond to the number of equipment;

g) For automated electrical substations the automated fire safety systems of which are connected with and display and report fire incidents to the supervisory authorities, and which have systems for management of databases on fire prevention, fire fighting and fire reporting to firefighting authorities, they are not require to establish and maintain an internal firefighting force. Regulatory bodies and organizations directly operating and managing electrical substations shall satisfy fire safety conditions applicable to their electrical substation and maintain such satisfaction.

4. Police authorities shall direct, inspect and provide guidance on fire prevention and fighting operations for internal and specialized firefighting forces.

Article 34. Benefits offered to firefighting participants and members of the neighborhood watch and internal and specialized firefighting forces

1. Persons mobilized to participate in and support firefighting operations directly per a mobilization order by the competent person are entitled to the following benefits:

a) Receive an amount equal to 30% of the region-based daily minimum wage if they are mobilized for less than 02 hours;

b) Receive an amount equal to 45% of the region-based daily minimum wage if they are mobilized for from 02 to less than 04 hours;

c) If they are mobilized for 04 hours or more or for multiple days, they are entitled to an amount equal to 60% of the region-based daily minimum wage every 04 hours. If they are mobilized from 10:00 PM to 6:00 AM, they are entitled to twice the abovementioned amount;

d) If they are involved in an accident or sustain an injury, their medical bills will be covered; if they sustain an injury that reduces their work capacity according to the conclusion of the medical examination council, they are entitled to a benefit corresponding to the level of work capacity reduction; if they are deceased, they are entitled to death benefits and funeral payment. The abovementioned benefits shall be provided by social insurance and health insurance according to regulations; if a recipient of any of these benefits is an eligible social/health insurance participant, their benefit shall be provided by local government budget or the body managing them;  

dd) If they sustain an injury in a manner mentioned in the Ordinance on Benefits for People with Meritorious Services to Revolutions, they may be considered for receipt of benefits offered to war invalids or similar benefits;

e) If they are deceased in a manner mentioned in the Ordinance on Benefits for People with Meritorious Services to Revolutions, they may be considered for recognition as martyrs.

2. Chairpersons of the People’s Committees of provinces and central-affiliated cities shall propose decision on monthly benefit rates for leaders and vice leaders the neighborhood watch, which are set based on actual situation of each province/city but no lower than 15% of the region-based minimum wage, to the People’s Council of the same level.

3. Leaders and vice leaders of internal and specialized firefighting forces operating on a part-time basis are entitled to full wages and other allowances (if any) and regular remuneration from their managing bodies. Based on actual situation, heads of their managing bodies shall decide the benefit rate for each title, which shall be no lower than 20% of the region-based minimum wage.

4. When participating in a training or refresher course on fire prevention and fighting operations, members of the neighborhood watch are entitled to an amount equal to 60% of the region-based daily minimum wage on a daily basis; members of internal and specialized firefighting forces may be exempt from their duties and receive full wages and other allowances (if any), and are entitled to an amount equal to 30% of the region-based daily minimum wage on a daily basis.

5. When the persons mentioned in Clause 4 herein participate in a training or refresher course on fire prevention and fighting operations and got involved in an accident, suffer from bodily harm or are deceased, they are entitled to social insurance benefits, death benefits and funeral payment; if they are eligible social insurance participants, these amounts shall be provided by local government budget or their managing bodies.