Quyết định 54/2001/QĐ-BCN của Bộ Công nghiệp về việc ban hành Quy định sử dụng điện làm phương tiên bảo vệ trực tiếp

DECISION

ISSUING THE REGULATION ON THE USE OF ELECTRICITY AS DIRECT SECURITY MEANS

THE MINISTER OF INDUSTRY

Pursuant to the Government’s Decree No. 74/CP of November 1, 1995 on the functions, tasks, powers and organizational structure of the Ministry of Industry;

Pursuant to the Government’s Decree No. 45/2001/ND-CP of August 2, 2001 on power activities and the use of electricity;

At the proposals of the directors of the Department of Industrial Technical Safety Inspection and Supervision and the Legal Department,

DECIDES:

Article 1.-To issue together with this Decision the Regulation on the use of electricity as direct security means.

Article 2.-This Decision takes effect 15 days after its signing.

Article 3.-The ministries, the ministerial-level agencies, the agencies attached to the Government, the People’s Committees of the provinces and centrally-run cities, the heads of the concerned agencies and units shall have to implement this Decision.

REGULATION

ON THE USE OF ELECTRICITY AS DIRECT SECURITY MEANS
(Issued together with Decision No. 54/2001/QD-BCN of November 14, 2001 of the Minister of Industry)

Article 1.-The use of electricity as direct security means aims to detect and prevent acts of infringing upon the protected areas or objects.

Article 2.-To use electricity as direct security means is to use electricity sources of an appropriate voltage directly connected to fences, or things that block or shield the protected areas or objects (hereinafter referred collectively to as protection fences). When a subject deliberately encroaches upon the protected area and comes in direct contact with the protection fence, he/she shall get electric shocks and concurrently activate the security system (if any) to alarm the security guards of the area.

Article 3.-Areas and objects for which electricity is permitted for use as direct security means are important security, defense, diplomatic, political, economic and social establishments of the State.

Article 4.-Organizations are prohibited to use electricity as security means unless they are permitted by competent authorities.

It is forbidden to use electricity as direct security means to protect personal properties, trap birds or rats for crop protection or other purposes, causing danger to humans, animals, the living environment or causing incidents damaging the State’s or citizen’s properties.

Article 5.-Protection fences must ensure safety, neither affect the operation of the electricity system nor cause danger to adjacent areas and the living environment.

Article 6.-Electricity may be used as direct security means only when all the following conditions are met:

1. Permission therefor is granted by competent authorities:

a/ Organizations which need to use electricity as direct means to protect areas or objects in the field of national security or social order and safety must obtain permission of the Minister of Public Security;

b/ Organizations which need to use electricity as direct means to protect areas or objects in the field of defense must obtain permission of the Minister of Defense;

c/ For other cases, organizations which need to use electricity as direct means to protect areas or objects in need of protection, they must obtain permission of the ministers, the heads of the ministerial-level agencies or agencies attached to the Government, the presidents of the People’s Committees of the provinces or centrally-run cities, who manage these organizations.

2. The design of protection fences must be approved by competent bodies.

The bodies competent to approve the designs shall be specified by the authorities that permit the use of electricity as direct security means.

3. Protection fences must be erected according to the approved designs, and tested before acceptance as meeting requirements.

4. There must be railing or ditches separating the electricity-protected areas, and signboards showing "electricity-protected areas, deadly danger" put up at noticeable places.

5. There must be rules on operation of the electricity system used as direct security means and on electricity safety.

6. Operators of the electricity system used as direct security means must be trained in the operation rules, safety rules, and tested, and only those who meet requirements can be assigned this job.

Article 7.-All organizations and individuals shall have to implement strictly this Regulation; if violating this Regulation, they shall, depending on the nature and gravity of their violations, be disciplined or examined for penal liability; if causing any damage, they must pay compensation therefor according to law provisions.

Article 8.-The agencies which perform the function of State management over electricity under the Ministry of Industry, the localities and concerned agencies, departments and branches shall have to disseminate, guide and supervise the implementation of this Regulation.