Thông tư 32/2024/TT-BCA sửa đổi Thông tư 149/2020/TT-BCA

CIRCULAR

AMENDING CIRCULAR NO. 149/2020/TT-BCA DATED DECEMBER 31 OF 2020 OF MINISTER OF PUBLIC SECURITY ELABORATING THE LAW ON FIRE PREVENTION AND FIREFIGHTING AND THE LAW ON AMENDMENT TO THE LAW ON FIRE PREVENTION AND FIREFIGHTING AND DECREE NO. 136/2020/ND-CP DATED NOVEMBER 24 OF 2020 OF THE GOVERNMENT ELABORATING THE LAW ON FIRE PREVENTION AND FIREFIGHTING AND THE LAW ON AMENDMENT TO THE LAW ON FIRE PREVENTION AND FIREFIGHTING AND CIRCULAR NO. 08/2018/TT-BCA DATED MARCH 5 OF 2018 OF MINISTER OF PUBLIC SECURITY ELABORATING DECREE NO. 83/2017/ND-CP DATED JULY 18 OF 2017 OF THE GOVERNMENT ON RESCUE OPERATIONS OF FIRE BRIGADE

Pursuant to the Law on Fire Prevention and Firefighting dated June 29 of 2001; the Law on amendment to the Law on Fire Prevention and Firefighting dated November 22 of 2013;

Pursuant to Decree No. 83/2017/ND-CP dated July 18 of 2017 of the Government on rescue operations of fire brigade;

Pursuant to Decree No. 136/2020/ND-CP dated November 24 of 2020 of the Government elaborating the Law on Fire Prevention and Firefighting and the Law on amendments to the Law on Fire Prevention and Firefighting;

Pursuant to Decree No. 50/2024/ND-CP dated May 10 of 2024 of the Government on amendment to Decree No. 136/2020/ND-CP dated November 24 of 2020 of the Government elaborating the Law on Fire Prevention and Firefighting and the Law on amendment to the Law on Fire Prevention and Firefighting and Decree No. 83/2017/ND-CP dated July 18 of 2017 of the Government on rescue operations of fire brigade;

Pursuant to Decree No. 01/2018/ND-CP dated August 6 of 2018 of the Government on functions, tasks, powers, and organizational structures of Ministry of Public Security;

At request of Director of Central Department of Fire safety, Firefighting, and Rescue;

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Article 1. Amendment to Circular No. 149/2020/TT-BCA dated December 31 of 2020 of Minister of Public Security elaborating the Law on Fire Prevention and Firefighting and the Law on amendment to the Law on Fire Prevention and Firefighting and Decree No. 136/2020/ND-CP dated November 24 of 2020 of the Government elaborating the Law on Fire Prevention and Firefighting and the Law on amendment to the Law on Fire Prevention and Firefighting (hereinafter referred to as “Circular No. 149/2020/TT-BCA”)

1. Amend Article 4:

“Article 4. Management and monitoring documents for fire prevention and firefighting

1. Management and monitoring documents for fire prevention and firefighting of facilities named under Appendix III attached to Decree No. 50/2024/ND-CP dated May 10 of 2024 of the Government on amendment to Decree No. 136/2020/ND-CP dated November 24 of 2020 of the Government elaborating the Law on Fire Prevention and Firefighting and the Law on amendment to the Law on Fire Prevention and Firefighting and Decree No. 83/2017/ND-CP dated July 18 of 2017 of the Government on rescue operations of fire brigade (hereinafter referred to as “Decree No. 50/2024/ND-CP”) are produced and kept by heads of the facilities and include:

a) Decision promulgating regulations, regulatory and guiding documents pertaining to fire prevention and firefighting, decision assigning tasks and responsibilities in fire prevention and firefighting at facilities (if any);

b) Issued certificate of design approval, documents approving design of fire prevention and firefighting, documents approving fire prevention and firefighting commissioning results;

c) Copies of grid plan depicting traffic, water sources for firefighting, placement of work items and technology procedures in facilities approved by competent authority (if any);

d) Decision establishing grassroots fire brigade, field-specific fire brigade where establishment of such fire brigade is required;

dd) Certificate of training for fire prevention, firefighting, rescue issued by competent police authority;

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g) Inspection records of fire prevention, firefighting, and rescue produced by competent persons under Point d Clause 3 Article 16 of Decree No. 136/2020/ND-CP dated November 24 of 2020 of the Government elaborating the Law on Fire Prevention and Firefighting and the Law on amendment to the Law on Fire Prevention and Firefighting (hereinafter referred to as “Decree No. 136/2020/ND-CP”) and Point b Clause 8 Article 1 of Decree No. 50/2024/ND-CP; written propositions regarding fire prevention and firefighting; offence notice, decisions imposing penalties for administrative violations in fire prevention and firefighting and rescue; decision on temporary suspension, suspension, continued operation issued by competent authority (if any); report in case of changes to safety requirements pertaining to fire prevention and firefighting of the facilities;

h) Inspection reports on fire prevention and firefighting produced on a 6-monthly basis of heads of facilities named under Appendix III attached to Decree No. 50/2024/ND-CP;

i) Reports on fire, explosion, accidents (if any); notice on fire incident verification and settlement results issued by competent authority (if any);

k) Certificate of eligibility to provide fire prevention and firefighting services in case of fire prevention and firefighting service providers;

l) Certificate of compulsory fire and explosion insurance in respect of facilities named under list of facilities at risk of conflagration under Appendix II attached to Decree No. 67/2023/ND-CP dated September 6 of 2023 of the Government on compulsory civil liability insurance of motorized vehicle owners, compulsory fire and explosion insurance, compulsory insurance in construction investment;

m) Documents recording earth ground resistance, inspection of pressure system, equipment, and pipes (if any).

2. Management and monitoring documents for fire prevention and firefighting of facilities named under Appendix IV attached to Decree No. 50/2024/ND-CP are produced and kept by heads of the facilities and include details under Points a, b, c, dd, e, g, i, and m Clause 1 of this Article.

3. Heads of facilities are responsible for updating management and monitoring documents for fire prevention and firefighting of facilities.”.

2. Amend Clause 1 Article 8:

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3. Amend Clause 1 Article 9:

“1. Entitlement to approve firefighting solutions

a) Director of Department of Fire safety, Firefighting, and Rescue affiliated to provincial police department shall approve firefighting solutions of the police department in respect of facilities at risk of conflagration, residential areas at high risk of conflagration in areas in which they perform firefighting and rescue operations and grassroots firefighting solutions in respect of facilities under Appendix III attached to Decree No. 50/2024/ND-CP under their management;

b) Director of district police department shall approve firefighting solutions of the police department in respect of facilities at risk of conflagration, residential areas at high risk of conflagration in the areas in which they perform firefighting and rescue operations and grassroots firefighting solutions in respect of facilities named under Appendix III attached to Decree No. 50/2024/ND-CP under their management;

c) Chairperson of commune-level People’s Committee shall approve firefighting solutions in respect of residential areas under their management;

d) Heads of facilities named under Appendix IV attached to Decree No. 50/2024/ND-CP shall approve firefighting solutions in respect of facilities under their management;

dd) Owners of motorized vehicles under special safety requirements pertaining to fire prevention and firefighting shall approve firefighting solutions in respect of motorized vehicles under their management;

Within 5 working days from the date on which Director of Department of Fire safety, Firefighting, and Rescue affiliated to provincial police department or director of district police department receives adequate documents under Point b Clause 11 Article 1 of Decree No. 50/2024/ND-CP, Director of Department of Fire safety, Firefighting, and Rescue affiliated to provincial police department and director of district police department are responsible reviewing, approving, and keeping approved grassroots firefighting solutions; issuing written response and reasons for rejection where they do not grant approval.”.

4. Amend Article 10:

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1. Fire drill for firefighting solutions of facilities under management pertaining to fire prevention and firefighting, residential areas, and motorized vehicles under special safety requirements pertaining to fire prevention and firefighting must be implemented at least once per year and on an irregular basis in case of special political, economic, cultural, societal events in local administrative divisions. Each fire drill may cover one or multiple scenarios as long as all scenarios included are practiced.

2. Fire drill for firefighting solutions of police authority must be implemented at request of competent persons approving firefighting solutions. Prior to implementing fire drill, police authority responsible for the drill must inform Chairperson of local commune-level People’s Committee and heads of facilities where fire drill is implemented at least 5 working days in advance and send request mobilizing forces, instruments to mobilized agencies, organizations, households, and individuals at least 5 working days in advance.”.

5. Amend Article 13:

“Article 13. Establishing field-specific fire brigade

The following facilities must establish field-specific fire brigade:

1. Facilities under Points a, b, c, d, and dd Clause 3 Article 44 of the Law on Fire Prevention and Firefighting amended by Clause 25 Article 1 of the Law on amendment to the Law on Fire Prevention and Firefighting.

2. National reserves, petroleum and petroleum product storage of a minimum storage capacity of 15.000 m3; hydroelectricity power plants of a minimum capacity of 300 MW; thermal power plants of a minimum capacity of 200 MW; nitrogenous fertilizer manufacturing facilities of a minimum output of 180.000 tonne/year; industrial parks, export-processing zones; hi-tech zones, industrial complex of a minimum area of 50 ha. Where facilities or industrial parks, export-processing zones, hi-tech zones, industrial complexes in are located in the same premise or adjacent to one another and are under management, operation of a single entity, a single field-specific fire brigade will suffice.”.

6. Amend Article 15:

“Article 15. Firefighting apparatus inspection seals

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a) Form A seal will be attached to: Fire pumps, containers (tanks, drums, bottles) of fire extinguishants under Section 3 Appendix VII attached to Decree No. 50/2024/ND-CP;

b) Form B seal will be attached to: Fire nozzles; fire hoses; fire department connectors; fire hydrants;

c) Form C seal will be attached to: Central fire alarm panel, fire detectors of all kinds, fire alarm bells, fire alarm lights, manual call points; control panels of automatic gaseous fire extinguishing system; warning bells, sirens, lights for extinguishant discharge, extinguishant discharge call points; emergency exit lights, emergency lights;

d) Form D seal will be attached to: Alarm valves, deluge valves of firefighting system; non-metal pipes and pipe fittings in water supply system for indoor firefighting or automatic water extinguishing system, soft pipes for fire nozzles;

dd) Form E seal will be attached to: Fire extinguishers of all kinds; extinguishant cylinders;

e) Form G seal will be attached to sprinklers of extinguishants of all kinds.

2. Managing, printing, and issuing firefighting apparatus inspection seals

a) Firefighting apparatus inspection seals use Form No. 3 under Appendix attached to Circular No. 149/2020/TT-BCA and are printed, issued by professional department of Ministry of Public Security.

b) Police departments of provinces and central-affiliated cities shall register quantity of seals to be printed and attach inspection seals;

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7. Amend Clause 2 Article 16:

“2. Facilities under lists of Appendix III attached to Decree No. 50/2024/ND-CP (that are required to be equipped with fire alarm, automatic fire extinguishing system or equipment as per technical regulations and standards) shall update online database on fire prevention and firefighting and connect emergency signal transmission in accordance with Article 12 of Circular No. 149/2020/TT-BCA when information infrastructures compliant with Clause 3 Article 11 of Circular No. 149/2020/TT-BCA are available in accordance with instructions of the Vietnam Fire and Rescue Police Department.”.

Article 2. Amendment to Circular No. 08/2018/TT-BCA dated March 5 of 2018 of the Minister of Public Security elaborating Decree No. 83/2017/ND-CP dated July 18 of 2017 of the Government on rescue operations of fire brigade (hereinafter referred to as “Circular No. 83/2017/ND-CP”)

1. Amend Article 6:

“Article 6. Inspecting safety conditions in rescue operations by police authority

1. Police authority shall inspect safety conditions of rescue operations in accordance with Clause 3 Article 2 of Decree No. 50/2024/ND-CP.

2. Inspection of safety conditions for rescue operations at facilities will be integrated with fire prevention and firefighting inspection.”.

2. Amend Point d Clause 1 Article 10:

“d) List all rescue instances, rescue operations, and other details related to rescue operations;”.

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1. Replace the phrase “Appendix III attached to Decree No. 136/2020/ND-CP” under Article 7 of Circular No. 149/2020/TT-BCA with the phrase “Appendix III attached to Decree No. 50/2024/ND-CP”.

2. Annul Clause 1 Article 3, Clause 4 Article 7, Point d Clause 1 Article 9, Clause 2 Article 14 of Circular No. 08/2018/TT-BCA.

Article 4. Entry into force

This Circular comes into force from August 24, 2024.

Article 5. Responsibility for implementation

1. Director of the Central Department of Fire safety, Firefighting, and Rescue are responsible for guiding, inspecting the implementation of this Circular.

2. Heads of entities affiliated to ministerial agencies, directors of police authorities of provinces and central-affiliated cities, and relevant agencies, organizations, and individuals are responsible for the implementation of this Circular.

Difficulties that arise during implementation of this Circular should be reported to Ministry of Public Security (via Vietnam Fire and Rescue Police Department)./.

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MINISTER




Senior Lieutenant General Luong Tam Quang