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THE
GOVERNMENT OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
105/2025/ND-CP
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Hanoi,
May 15, 2025
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DECREE
ELABORATING THE LAW ON FIRE AND RESCUE
Pursuant to the Law on
Government Organization dated February 18, 2025;
Pursuant to the Law on Fire and
Rescue dated November 29, 2024;
At request of Minister of Public
Security;
The Government promulgates
Decree elaborating the Law on Fire and Rescue.
Chapter I
GENERAL PROVISIONS
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This Decree elaborates the Law on
Fire and Rescue, including:
1. Clause 7, Clause 8 Article 2
pertaining to list of facilities under management pertaining to fire prevention
and firefighting, list of facilities with risk
of conflagration.
2. Article 7 pertaining to state
management details pertaining to fire and rescue; responsibilities of
ministries, ministerial agencies, People’s Committees of all levels in
implementing state management pertaining to fire and rescue.
3. Clause 10 Article 8 pertaining
to regulations on fire and rescue; preparation and management of dossiers
pertaining to fire and rescue; declaration and update of data pertaining to
fire and rescue.
4. Clause 6 Article 10 pertaining
to details and time of fire and rescue drills.
5. Clause 4 Article 11 pertaining
to details, entitlement, procedures for fire prevention and firefighting
examination.
6. Clause 5 Article 15 pertaining
to fire prevention and firefighting requirements in development, revision,
approval of urban and rural planning
7. Clause 4 Article 17 pertaining
to inspection of fire prevention and firefighting design of projects for
construction of structures, structures, and vehicles; amendment of design,
revision of occupancy, renovation; list of structures and vehicles to undergo
inspection of fire prevention and firefighting design; details, procedures, and
entitlement to approval of fire prevention and firefighting design;
responsibilities for cooperation in inspection of fire prevention and
firefighting design.
8. Clause 6 Article 18 pertaining
to construction and commissioning of structures, vehicles; fire prevention and
firefighting assurance during construction; details, procedures, entitlement to
examination of fire prevention and firefighting commissioning; responsibilities
for cooperation in examination of fire prevention and firefighting
commissioning.
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10. Point c Clause 1 Article 23
pertaining to roadmap for providing fire alarm transmission devices connected
to Database on fire prevention, firefighting, rescue and fire alarm
transmission; roadmap for declaring and updating data on fire and rescue.
11. Clause 8 Article 25 pertaining
to cooperation between Ministry of National Defense and Ministry of Public
Security in firefighting in respect of dual-use structures under management of
the Ministry of National Defense.
12. Clause 6 Article 26 pertaining
to procedures for mobilizing forces, personnel, vehicles, and assets for
firefighting; mobilization of military forces, personnel, vehicles, and assets
for firefighting.
13. Clause 4 Article 27 pertaining
to responsibilities for investment, management, maintenance, and preservation
of fire hydrants; investment and management of locations of fire engines and
fire pumps.
14. Clause 6 Article 35 pertaining
to procedures for mobilizing forces, personnel, vehicles, and assets in rescue
operations.
15. Clause 4 Article 37 pertaining
to establishment of grassroots fire and rescue teams, specialized fire and
rescue teams are required; organization, operation, and working regulations of
grassroots fire and rescue forces, specialized fire and rescue forces, and
civil defense forces.
16. Clause 5 Article 39 pertaining
to voluntary fire and rescue.
17. Clause 3 Article 44 pertaining
to licensing for market sale of fire and rescue facilities and fire-rated,
fireproof materials and structural elements; list of fire and rescue facilities
and fire-rated, fireproof materials and structural elements.
18. Clause 5 Article 45 pertaining
to details, entitlement, and time period for training and refresher training in
fire and rescue; benefits and policies for attendees of training and refresher
training for fire and rescue.
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20. Clause 3 Article 48 pertaining
to list of establishments that must purchase compulsory fire insurance; payment
rate, management, and use of revenues of compulsory fire insurance for fire and
rescue operations.
21. Clause 3 Article 49 pertaining
to voluntary contribution, monetary and material donation made by domestic,
foreign agencies, organizations, and individuals for fire and rescue
operations; support provided by Disaster Management Fund for fire and rescue.
22. Clause 7 Article 50 pertaining
to state budget for fire and rescue operations.
23. Clause 5 Article 52 pertaining
to Database on fire prevention, firefighting, rescue and fire alarm
transmission; update, declaration of data pertaining to fire and rescue.
24. Clause 4 and Point dd Clause 6
Article 55 pertaining to transition of regulations regarding inspection of fire
and rescue vehicles; roadmap for handling establishments that do not meet fire
prevention and firefighting requirements and are incapable of rectifying in
accordance with technical standards and technical regulations applicable on the
date on which the establishments enter into operation until before the
effective date of the Law on Fire and Rescue.
Article 2.
Appendices
The following appendices are
attached hereto:
1. Appendix I: List of
establishments under management for fire prevention and firefighting.
2. Appendix II: List of
establishments with risk of conflagration.
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4. Appendix IV: List of fire
prevention, firefighting, rescue facilities and fire prevention, fire-rated
materials and elements.
5. Appendix V: List of fire and
rescue facilities and fire prevention, fire-rated materials, elements to be
licensed prior to market circulation.
6. Appendix VI: Insurance premiums
and deductibles of compulsory fire and explosion insurance.
7. Appendix VII: List of
establishments required to purchase compulsory fire and explosion insurance.
8. Appendix VIII: Document forms.
Chapter II
FIRE PREVENTION
Article 3.
Regulations on fire and rescue
1. Regulations on grassroots fire
and rescue consist of the following basic details:
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b) Regulations on management and
use of fire and rescue equipment, facilities;
c) Regulation on actions taken in
case of fire, explosion, accidents.
2. Regulations on fire and rescue
in respect of traffic vehicles consist of the following basic details:
a) Information under Clause 1 of
this Article;
b) Regulations on arrangement and
placement of goods with risk of fire and explosion on traffic vehicles.
3. Heads of establishment, vehicle
owners shall promulgate or request competent persons to promulgate regulations
on fire and rescue which must be appropriate to characteristics and operating
conditions of the establishments and vehicles and posted at locations where
they can be seen with ease.
Article 4. Fire
and rescue dossiers
1. Fire and rescue dossiers of
establishments consist of:
a) Form No. PC01 attached hereto;
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c) Certificate of approval or
written approval or written inspection of fire prevention and firefighting
design, written approval for fire prevention and firefighting commissioning
results issued by field-specific authorities in respect of structures that must
undergo fire prevention and firefighting design approval and inspection;
d) Decision on establishment of
grassroots fire and rescue teams or specialized fire and rescue teams or
written assignment of personnel in charge of fire and rescue at establishments;
notice of professional fire and rescue training results;
dd) Form No. PC06 attached hereto;
e) Record of fire prevention, fire
fighting, and rescue facilities regulated by the Minister of Public Security;
g) Form No. PC02 attached hereto;
h) Form No. PC04 attached hereto;
i) Certificate of compulsory fire
insurance where required;
k) As-built drawing of systems and
work items related to fire prevention and firefighting in respect of structures
where fire prevention and firefighting design inspection is required;
l) Notice of fire investigation
results issued by police authorities (if any);
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n) Notice of administrative
offense, decision on administrative penalties for fire and rescue violations,
decision on temporary suspension, suspension, continued operation competent
persons, written recommendations pertaining to fire prevention and firefighting
issued by commune-level People’s Committee or police authority, construction
authority presiding over the establishment (if any);
o) Document proving assignment of
persons in charge of fire prevention and firefighting examination at
establishment (if any).
2. Heads of establishments shall
prepare, manage, and update documents under Clause 1 of this Article.
3. Field-specific authorities shall
prepare fire and rescue dossiers for establishments under their management as
follows:
a) Construction authority shall
prepare documents under Points h, k, m, n, and o Clause 1 of this Article for
establishments under their management;
b) Police authorities shall prepare
documents under Points a, h, k, l, m, n, and o Clause 1 of this Article and
other documents in accordance with regulations on professional documents of
People’s Public Security for establishments under their management;
c) Commune-level People’s
Committees shall prepare documents under Points a, h, k, l, m, n, and o Clause
1 of this Article for documents under their management.
4. Documents under Clause 2 and
Clause 3 of this Article can be stored in physical form or electronic form in
combination with physical form and electronic form as per the law.
Documents under Points g, h, I, l,
and n Clause 1 of this Article shall be stored for at least 5 years from the
year in which they are prepared or issued.
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1. General planning must depict
development direction of traffic lines, water supply line, telecommunication
line accommodating fire prevention and firefighting and network of fire and
rescue police departments.
General planning shall depict
elements under Clause 2 of this Article in respect of areas within general
planning scope of which subzoning planning is not required in accordance with
urban and rural planning laws.
2. Subzoning planning of urban
areas and administrative areas prepared in accordance with urban and rural
planning laws shall include elements under Points a and b Clause 2 Article 15
of the Law on Fire and Rescue, location of plot, expected size of headquarters
of fire and rescue police authorities in a manner that guarantee service radius
in accordance with national technical regulations on construction planning.
3. Detail planning of urban areas,
residential areas, industrial parks, other administrative areas prepared in
accordance with urban and rural planning laws shall satisfy fire prevention and
firefighting laws provided under Points a, b, and c Clause 3 Article 15 of the
Law on Fire and Rescue in accordance with technical standards and national
technical regulations; building area of headquarters of fire and rescue police
departments shall conform to regulations of the Minister of Public Security.
Article 6.
Inspection of fire prevention and firefighting design, examination of fire
prevention and firefighting commissioning of construction authorities
1. Fire prevention and firefighting
design of structures that are required to undergo inspection of construction
feasibility study and construction design following fundamental design at
construction authorities and are specified under Appendix III attached hereto
shall be inspected by construction authorities. Inspection of fire prevention
and firefighting design in feasibility study, construction design following
fundamental design, and issuance of fire prevention and firefighting design
inspection results shall be integrated with inspection of feasibility study,
construction design following fundamental design, and issuance of inspection
results in accordance with construction laws.
In respect of structures under
Clause 1 Article 9 hereof, project developers and owners of structures may
submit both written request for inspection of construction design following
fundamental design to construction authorities and written request for fire
prevention and firefighting design inspection to police authorities.
2. Details of fire prevention and
firefighting design inspection:
a) Fire separation distance between
structures, work items on the same plot; fire separation distance from structures,
work items to adjacent structures or plot boundaries; fire separation distance
from structures, work items to adjacent elements in accordance with
field-specific laws;
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c) Escape paths, egresses,
evacuation stairs, fire service elevators, emergency exits, roof accesses,
refuge areas;
d) Fire resistance category
appropriate to occupancy and load of structures; compartmentalization solutions;
fire risk classes, parts, elements, technical systems for limiting and
preventing formation, development, and spread of fire;
dd) Smoke protection solutions
include: smoke extraction solutions for buildings, rooms; air supply system
protecting elevator shafts, stairwells, vestibules;
e) For the purpose of inspecting
amended or renovated design, consideration and assessment shall only concern
amended and renovated details.
3. Details pertaining to fire
prevention and firefighting in construction feasibility study, construction
design following fundamental design:
a) Details pertaining to fire
prevention and firefighting in construction feasibility study include: list of
technical standards and technical regulations adopted, type and class of structures
for the purpose of calculation; compilation of calculation results of fire
safety assessment criteria under Points a, b, and c Clause 1 Article 16 of the
Law on Fire and Rescue; solutions for estimating fire resistance category;
proposed solutions for preventing fire and fire spread; proposed smoke
extraction plans for buildings, rooms and air supply system for smoke
protection; design drawings depicting dimensions, technical specifications, and
primary materials including total layout or structure directional drawings in
respect of structures built in directional manner, plan view, side view, cross
section of structures or drawings according to field-specific requirements
depicting dimensions, technical specifications of structures, diagrams of fire
prevention and firefighting system, other drawings of the structures;
presentation regarding design solutions satisfactory to fire prevention and
firefighting solutions when required in accordance with technical regulations
and regulations of the law pertaining to fire and rescue;
b) Details pertaining to fire
prevention and firefighting in construction design following fundamental design
include: list of technical standards, technical regulations, type, class of
structures for the purpose of calculation; detail calculation results with
adequate structural elements and parts satisfactory to fire prevention, fire
spread prevention requirements and accompanying spreadsheets; calculation
sheets depicting fire safety assessment criteria, including Points a, b, c, d,
and dd Clause 1 Article 16 of the Law on Fire and Rescue; construction design
drawings pertaining to fire prevention and firefighting must depict dimensions,
technical specifications, and material used; be qualified for fire prevention
and firefighting requirements in accordance with fire and rescue laws.
4. Fire prevention and firefighting
design inspection conducted by construction authorities compliant with Clause 1
of this Article shall be required for the purpose of amending design or
repurposing or renovating during use in accordance with Clause 2 Article 17 of
the Law on Fire and Rescue, to be specific:
a) Change to location or building
area of structures in a manner that lowers fire separation distance;
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c) Reduction to fire resistance
category of buildings, structures, fire compartments;
d) Increase in number of storeys or
construction area thereby altering requirements pertaining to fire
compartmentalization solutions;
dd) Change to type or location of
emergency staircases; reduction to number of means of egress of storeys, fire
compartments, or structures;
e) Change to primary occupancies in
the structures;
g) Additional installation of smoke
extraction system, air supply system for smoke protection; change to smoke
extraction solutions.
5. Examination of fire prevention
and firefighting commissioning in accordance with Point a Clause 5 Article 18
of the Law on Fire and Rescue shall be conducted during examination of
construction commissioning in accordance with construction laws. Procedures and
entitlement to examination of fire prevention and firefighting commissioning of
construction authorities shall conform to procedures and entitlement to
examination of construction commissioning in accordance with construction laws.
Project developers and structure
owners may simultaneously apply for examination of construction commissioning
by construction authorities and apply for examination of fire prevention and
firefighting commissioning by police authorities. Construction authorities
shall take charge, cooperate with police authorities in examining fire
prevention and firefighting commissioning in accordance with Clause 2 Article
11 hereof.
Article 7.
Inspection of fire prevention and firefighting design, examination of fire
prevention and firefighting commissioning of registration authorities
1. Vehicles under Appendix III
attached hereto shall undergo inspection pertaining to fire prevention and
firefighting design in accordance with Point c Clause 1 Article 17 of the Law
on Fire and Rescue. Design inspection and issuance of fire prevention and
firefighting inspection results shall be integrated with registration and
issuance of registration results in accordance with registration laws.
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2. Registration authorities shall
examine fire prevention and firefighting commissioning of vehicles that have
undergone fire prevention and firefighting design inspection in accordance with
Point b Clause 5 Article 18 of the Law on Fire and Rescue. Procedures and
entitlement to examination of fire prevention and firefighting commissioning by
registration authorities shall be similar to procedures and entitlement for
examination and issuance of certificate of technical safety and environmental
protection in accordance with registration laws.
Vehicle owners may simultaneously
apply for examination of fire prevention and firefighting commissioning by
police authorities and apply for examination and issuance of certificate of
technical safety and environmental protection by registration authorities.
Registration authorities shall take charge, cooperate with police authorities
in examination fire prevention and firefighting commissioning in accordance
with Clause 2 Article 11 hereof.
Article 8.
Inspection of fire prevention and firefighting design and commissioning by
persons making investment decision, project developers, structure owners, and
vehicle owners
1. Persons making investment
decision, project developers, structure owners shall inspect fire prevention
and firefighting design at their discretion in accordance with Point a and
Point dd Clause 1 Article 17 of the Law on Fire and Rescue in respect of
structure investment and construction projects in accordance with Appendix III
attached hereto which construction authorities are not entitled to inspection
of. Results of inspection of elements under Clause 1 Article 16 of the Law on
Fire and Rescue shall be presented using Form No. PC13 attached hereto.
Where design amendments are
required during construction, project developers and structure owners shall
develop amended design dossiers and arrange inspection of amended design before
resuming construction. Results of fire prevention and firefighting design
inspection shall serve as the basis to enable project developers and structure
owners to approve construction design in accordance with construction laws.
2. Fire prevention and firefighting
commissioning:
a) Details and procedures for fire
prevention and firefighting commissioning of structures, vehicles of project
developers, structure owners, and vehicle owners shall conform to construction
and registration laws;
b) Results of fire prevention and
firefighting commissioning of structures shall be presented under Form No. PC18
attached hereto;
c) Fire prevention and firefighting
commissioning dossiers for elements under Points a, b, c, d, and dd Clause 1
Article 16 of the Law on Fire and Rescue shall conform to construction laws;
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dd) Fire prevention and
firefighting commissioning dossiers for elements under Points e and g Clause 1,
Point d Clause 2 Article 16 of the Law on Fire and Rescue shall conform to
Clause 3 of this Article.
3. Fire prevention and firefighting
commissioning in accordance with Point dd Clause 2 of this Article consist of:
a) Written inspection of fire
prevention and firefighting design accompanied by documents containing seals
appended by police authorities; approved amended design dossiers of project
developers, structure owners (if any); documents on fire prevention and
firefighting commissioning of project developers and structure owners;
b) Certificate of inspection of
fire prevention and firefighting facilities (if any);
c) Record of partial and overall
commissioning of fire prevention and firefighting system, electrical system for
fire prevention and firefighting;
d) As-built dossiers of fire
prevention and firefighting system, electrical system for fire prevention and
firefighting;
dd) Documents and procedures for
operating, maintaining fire prevention and firefighting equipment, systems, and
systems related to fire prevention and firefighting of structures and vehicles.
Article 9.
Inspection of fire prevention and firefighting design by police authorities
1. Structures and vehicles under
Appendix III attached hereto shall be required to undergo fire prevention and
firefighting design inspection conducted by police authorities except
provisional structures in accordance with construction laws, structures under
special investment projects in accordance with investment laws, structures
affiliated to national defense facilities serving military purposes, dual-use
purposes, and vehicles manufactured or modified specifically for military
operations by national defense facilities.
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a) Fire alarm system; standalone
fire alarm devices;
b) Fire suppression system; fire
extinguishers; mobile firefighting devices;
c) Emergency lighting and
evacuation guidance devices; speaker systems for notifying and guiding evacuation;
d) Simple breaking tools; gas
masks, and self-contained breathing apparatus;
dd) Electrical system for fire
prevention and firefighting including: protective equipment and supply power
sources of fire prevention and firefighting system, smoke extraction system,
air supply system for smoke protection, fire service elevator, fire curtains,
air curtains, fire-rated doors;
e) For the purpose of inspecting
amended or renovated design, consideration and assessment shall only concern
amended and renovated details.
3. Cases where inspection of fire
prevention and firefighting design conducted by police authorities is required
due to design changes or occupancy changes or modification during use which
alters fire prevention and firefighting safety conditions in accordance with
Clause 2 Article 17 of the Law on Fire and Rescue shall be elaborated as
follows:
a) Changes to fire alarm principles
of fire detection system or firefighting principles, fire extinguishants of
firefighting system; changes to technical specifications of fire pumps;
b) Replacement or additional
installation of fire alarm or firefighting system.
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a) In respect of technical design
or construction design in construction economic - technical report,
construction design following fundamental design: Form No. PC11 attached
hereto; legitimate documents on land proving conformity of land use purposes,
structure ownership or documents on investment guideline, construction process
compliant with investment laws, public investment laws, PPP investment laws;
technical design dossiers or construction design depicting elements under
Points e and g Clause 1 Article 16 of the Law on Fire and Rescue; documents on
inspection of fire prevention and firefighting design of project developers and
structure owners;
b) In respect of vehicle technical
design: Form No. PC11 attached hereto; documents on technical design depicting
fire prevention and firefighting requirements under Point d Clause 2 Article 16
of the Law on Fire and Rescue;
c) Application for inspection of
fire prevention and firefighting design shall be electronic or physical
documents and verified by project developers, structure owners, vehicle owners,
and design consulting units. In case of physical documents, original copies
accompanied by photocopies shall be submitted.
Where information on documents
under Point a and Point b of this Clause has been connected, shared, and
updated on national database or field-specific database, competent authorities
shall not request applicants to submit physical documents and shall handle the
procedures online.
5. Document reception:
a) Agencies, organizations, and
individuals shall submit 1 set of documents under Clause 4 of this Article to
competent authorities under Clause 7 of this Article either in-person, via post
service, or online via public service portal.
Persons assigned by agencies and
organizations to submit applications shall be required to hold letter of
introduction or written authorization, present ID card, electronic ID card, or
valid passport;
b) Departments receiving
applications have the responsibility to examine composition and adequacy of the
applications and proceed as follows:
In case of in-person submission:
receive applications with adequate composition and compliant with regulations
of the law, issue receipt, and arrange appointment for result issuance; where
applications are inadequate, guide applicants to revise and issue written
request for revision or written rejection.
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In case of submission via public
service portal: receive and issue receipt notice or issue request for revision,
amendment to applicants within 8 working hours after receiving applications.
6. Processing application for
inspection of fire prevention and firefighting design:
a) In respect of structures under
projects qualifying as projects of national importance, group A projects in
accordance with public investment laws regardless of investment sources,
inspection of fire prevention and firefighting design shall be conducted within
10 days from the date on which adequate applications are received. In respect
of other structures, the aforementioned time limit shall be 6 working days from
the date on which adequate applications are received;
b) In respect of vehicles, the time
limit shall be 6 working days from the date on which adequate applications are
received;
c) Police authorities have the
responsibility to promulgate written inspection of fire prevention and
firefighting design using Form No. PC12 attached hereto in response to adequate
application for inspection of fire prevention and firefighting design and
append seals using Form No. PC14 attached hereto to inspected design dossiers
and return to project developers, structure owners, and vehicle owners. Written
inspection of fire prevention and firefighting design shall be in electronic or
physical form where physical form is issued in case of in-person submission or
submission via post service or at request of applicants upon submitting via
online public service portal.
Where application for inspection of
fire prevention and firefighting design is not adequate as per the law, police
authorities shall respond in writing, state reasons, and return applications to
the applicants for revision.
7. The Minister of Public Security
shall prescribe entitlement to inspection of fire prevention and firefighting
design of police authorities.
Article 10.
Examination of fire prevention and firefighting commissioning of police
authorities
1. Application for examination of
fire prevention and firefighting commissioning:
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b) Report on fire prevention and
firefighting commissioning of project developers, structure owners, and vehicle
owners accompanied by record of commissioning;
c) As-built dossiers of fire
prevention and firefighting system, electrical system for fire prevention and
firefighting.
Application for examination of fire
prevention and firefighting commissioning under Points a, b, and c of this
Clause shall be in electronic or physical form and verified by project
developers, structure owners, and vehicle owners. In case of physical
documents, original copies accompanied by photocopies shall be submitted.
2. Document reception:
a) Agencies, organizations, and
individuals shall submit 1 set of documents under Clause 4 of this Article to
competent authorities under Clause 7 of this Article either in-person, via post
service, or online via public service portal.
Persons assigned by agencies and
organizations to submit applications shall be required to hold letter of
introduction or written authorization, present ID card, electronic ID card, or
valid passport;
b) Departments receiving
applications have the responsibility to examine composition and adequacy of the
applications and proceed as follows:
In case of in-person submission:
receive applications with adequate composition and compliant with regulations
of the law, issue receipt, and arrange appointment for result issuance; where
applications are inadequate, guide applicants to revise and issue written
request for revision or written rejection.
In case of submission via post
service: receive adequate applications, issue receipt, and arrange appointment
for result issuance; in case of inadequate applications, issue written request
for revision or written rejection and return to applicants.
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3. Processing application for
examination of fire prevention and firefighting commissioning:
a) Within 5 working days from the
date on which police authorities receive adequate applications, police
authorities have the responsibility to examine commissioning and record the
examination using Form No. PC16 attached hereto;
b) Within 5 working days from the
date on which police authorities issue examination record, police authorities
have the responsibility to promulgate written approval for fire prevention and
firefighting commissioning results using Form No. PC17 attached hereto if
commissioning examination results are legitimate in accordance with Clause 4 of
this Article. Written approval of fire prevention and firefighting commissioning
results shall be in electronic or physical form where physical form is issued
in case of in-person submission or submission via post service or at request of
applicants upon submitting via online public service portal.
Where commissioning examination
results are not satisfactory as per the law, police authorities shall respond
in writing and state reason.
4. Examination of fire prevention
and firefighting commissioning consists of:
a) Examining commissioning process
of project developers, structure owners, and vehicle owners in accordance with
Clause 2 Article 8 hereof in respect of fire prevention and firefighting
facilities, electrical system for fire prevention and firefighting;
b) Arranging examination and test
regarding operating conditions of fire prevention and firefighting facilities,
electrical system for fire prevention and firefighting installed at structures
and vehicles.
Article 11.
Responsibility for cooperation in inspection of fire prevention and
firefighting design, examination of fire prevention and firefighting
commissioning
Industry presiding authorities
shall, for the purpose of inspecting design and examining fire prevention and
firefighting commissioning, have the responsibility to cooperate in:
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2. Construction authorities and
registration authorities shall take charge, cooperate with police authorities
in examining fire prevention and firefighting commissioning in respect of
structures and vehicles for the purpose of examining construction
commissioning, examining and issuing certificate of technical safety and
environmental protection where project developers, structure owners, vehicle
owners request presiding authorities and examine fire prevention and
firefighting commissioning in the following order:
a) Presiding authorities shall
establish examination teams and inform project developers, structure owners,
vehicle owners, and relevant agencies, entities about time, details of
inspection, and composition of inspectorate;
b) Police authorities shall assign
officials to join examination teams and file records using Form No. PC16
attached hereto;
c) Construction authorities and
registration authorities shall inform project developers, structure owners,
vehicle owners about examination results in accordance with construction laws,
registration laws; police authorities shall issue examination results in
accordance with Point b Clause 3 Article 10 hereof.
Article 12.
Responsibilities of persons making investment decision, project developers,
vehicle owners, agencies, organizations, and individuals in structure
investment and construction, vehicle manufacturing, assembly, construction, and
modification
1. Project developers and structure
owners have the responsibility to:
a) develop and amend structure
investment projects, structure design, structure modification or occupancy
changes in a manner satisfactory to fire prevention and firefighting
requirements under Clause 1 Article 16 of the Law on Fire and Rescue and
compliant with approved planning and other construction laws; comply with
application of technical regulations and technical standards in accordance with
regulations of the law on technical standards and technical regulations;
b) inspect fire prevention and
firefighting design of projects and structures as per the law;
c) carry out construction work and
supervise construction process in accordance with inspected fire prevention and
firefighting design;
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dd) carry out fire prevention and
firefighting commissioning for projects and structures and assume legal
responsibility for commissioning results; cooperate with field-specific
authorities in carrying out examination of fire prevention and firefighting
commissioning;
e) provide inspected design
dossiers, dossiers on fire prevention and firefighting commissioning to
management, operating entities upon bringing the structures into use.
2. Persons making investment
decision have the responsibility to:
a) arrange inspection of fire
prevention and firefighting design of projects and structures in accordance
with Clause 1 Article 8 hereof;
b) examine fulfillment of project
developers’ responsibilities in accordance with Clause 1 of this Article;
c) allocate fire prevention and
firefighting expenditure in investment and construction.
3. Vehicle owners have the
responsibility to:
a) satisfy fire prevention and
firefighting requirements under Clause 2 Article 16 of the Law on Fire and
Rescue for the purpose of manufacturing, assembling, building, modifying
vehicles; supervise manufacturing, assembly, construction, and modification
process in accordance with design inspected for compliance with fire prevention
and firefighting;
b) inspect fire prevention and
firefighting design as per the law;
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4. Design consulting units have the
responsibility to:
a) provide design of structures and
vehicles in a manner compliant with technical standards, technical regulations
on fire prevention and firefighting and assume responsibility for design
products;
b) implement designer's supervision
during construction, manufacturing, assembly, building, and modification of
vehicles.
5. Responsibilities of construction
supervisors:
a) supervise construction in
accordance with approved fire prevention and firefighting design;
b) assume legal responsibility and
accountability to project developers and structure owners in implementing fire
prevention and firefighting provisions in accordance with regulations of the
law on supervision and counseling within the scope of contracts signed with
project developers, structure owners;
c) participate in fire prevention
and firefighting commissioning.
6. Entities constructing
structures, manufacturing, assembling, building, modifying vehicles have the
responsibility to:
a) carry out construction in
accordance with inspected design;
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c) produce as-built dossiers,
commissioning dossiers, prepare documents and conditions for commissioning, and
participate in commissioning of structures and vehicles.
Article 13.
Details and entitlement to fire prevention and firefighting examination
1. Fire prevention and firefighting
examination in accordance with Clause 2 Article 11 of the Law on Fire and
Rescue consists of:
a) Responsibilities for fire and
rescue of heads of establishments, including: responsibilities in
implementation of Points a, b, c, dd, e, g, and h Clause 3 Article 8 of the Law
on Fire and Rescue; implementation, examination, encouragement, and supervision
of compliance with regulations, rules, solutions, and requirements pertaining
to fire and rescue of agencies, organizations, and individuals under their
management;
b) Responsibilities for fire and
rescue of vehicle owners, including: responsibilities in implementation of
Points a, b, c, d, dd, and e Clause 4 Article 8 of the Law on Fire and Rescue;
implementation, examination, encouragement, and supervision of compliance with
regulations, rules, solutions, and requirements pertaining to fire and rescue
of agencies, organizations, and individuals under their management;
c) Provision of fire and rescue
facilities, electrical system for fire prevention and firefighting, water
sources as per the law;
d) Maintained operation of fire and
rescue facilities, electrical system for fire prevention and firefighting, and
water sources for firefighting;
dd) Installation and maintained
operation of fire alarm transmission devices connected to Database on fire
prevention, firefighting, rescue and fire alarm transmission; declaration and
update of fire and rescue data as per the law;
e) Maintenance of fire safety
conditions in use of fire sources, heat sources, equipment and tools that
produce fire, heat, and combustible substances;
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h) Maintenance of emergency egress,
fire-proofing, fire spread prevention, and smoke control solutions;
i) Maintenance of system and
equipment for detecting leak of combustible gases, liquids;
k) Maintenance of fireproofing
solutions, fire spread preventive solutions; fire safety solutions for energy,
fuel supply systems and engines;
l) Compliance with fire and rescue
regulations.
m) Maintained installation of
prohibitory signs, warning signs, guidance signs;
n) Compliance with responsibilities
for fire prevention, firefighting, and rescue in respect of households that
directly use houses, tenants, borrowers in accordance with Clause 6 and Clause
8 Article 8 of the Law on Fire and Rescue;
o) Maintenance of means of egress,
emergency exits, or walkways satisfactory for emergency exit;
p) Maintenance of separation
solutions or fireproofing solutions of manufacturing, mercantile areas
involving goods posing a fire hazard to residential areas.
2. Entitlement to examination:
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Periodic examination once per year
in respect of group 1 establishments under Appendix II attached hereto,
structures that must undergo design inspection and approval, fire prevention
and firefighting design approval during construction process, inland waterway
passenger watercraft, cruise ships of a passenger capacity of 50 people or
higher under section 16 of Appendix III attached hereto; periodic examination
twice per year in respect of group 2 establishments under Appendix II attached
hereto.
Irregular examination upon sign of
violation of the laws or written complaints or denunciation pertaining to
violation of the law relating to fire prevention and firefighting as per the
law or at request of competent authorities for the purpose of maintaining
security and order in respect of: establishments under Appendix II attached
hereto; inland waterway passenger watercraft, cruise ships of a passenger
capacity of 50 people or higher under section 16 of Appendix III attached
hereto.
Periodic and irregular examination
shall consist of: Points a, c, d, and dd Clause 1 of this Article in respect of
establishments; Points c, d, l, and m Clause 1 of this Article in respect of structures
that must undergo design inspection and approval, fire prevention and
firefighting design approval during construction process; Points b, c, d, l,
and m Clause 1 of this Article in respect of inland waterway passenger
watercraft, cruise ships of a passenger capacity of 50 people or higher under
section 16 of Appendix III attached hereto;
b) Provincial People's Committees
shall assign construction authorities to conduct:
Periodic examination once per year
in respect of group 1 establishments under Appendix II attached hereto;
periodic examination twice per year in respect of group 2 establishments under
Appendix II attached hereto.
Irregular examination upon sign of
violation of the laws or written complaints or denunciation pertaining to
violation of the law relating to fire prevention and firefighting as per the
law or at request of competent authorities for the purpose of maintaining
security and order in respect of: establishments under Appendix II attached
hereto.
Periodic and irregular examination
shall conform to Points g and h Clause 1 of this Article;
c) Commune-level People’s
Committees shall conduct:
Periodic examination once every 3
years in respect of establishments under Appendix I, except for establishments
with risk of conflagration under Appendix II attached hereto.
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Periodic and irregular examination
shall conform to Points a, c, d, dd, g, h, and n Clause 1 of this Article;
d) The Ministry of Construction
shall assign registration authorities to conduct examination of railway
vehicles, inland waterway watercraft, sea vessels, road vehicles under Clause
10 Article 2 of the Law on Fire and Rescue within time limit for examination of
technical safety and environmental protection of railway vehicles, registration
of inland waterway watercraft, ship registration, technical safety and
environmental protection inspection of road vehicles. Examination shall conform
to Points c, d, i, and k Clause 1 of this Article;
dd) Heads of establishments shall
arrange regular, periodic examination at their discretion in respect of
establishments under their management. Regular examinations shall conform to
Points d, e, h, and l Clause 1 of this Article; periodic examinations shall
conform to Points c, d, dd, e, g, h, l, and m Clause 1 of this Article;
e) Vehicle owners shall conduct
regular examination in respect of their own vehicles at their discretion.
Examination shall conform to Points c, d, i, k, l, and m Clause 1 of this
Article;
g) Project developers and structure
owners shall conduct regular examination in respect of structures under their
management at their discretion. Examination shall conform to Points c, d, l,
and m Clause 1 of this Article;
h) Household owners living in their
own homes, tenants, borrowers, lounging individuals shall carry out regular
examination for houses under their management. Examination shall consist of
Point c and Point d pertaining to provision of equipment, maintained operation
of fire and rescue facilities, and Point e and Point o Clause 1 of this
Article.
In respect of houses specified
under Clause 5 Article 20 of the Law on Fire and Rescue, other than elements
mentioned above, examination of fire alarm transmission devices connected to
Database on fire prevention, firefighting, rescue and fire alarm transmission
shall also be conducted;
i) Household owners of houses
incorporating manufacturing, mercantile occupancies, tenants, borrowers of
houses incorporating manufacturing, mercantile occupancies have the
responsibility to arrange regular examination under their management.
Examination shall consist of Point c and Point d pertaining to provision of
equipment, maintained operation of fire and rescue facilities, and Point dd,
Point e, Point i, Point o, and Point p Clause 1 of this Article.
3. The Minister of Public Security
shall prescribe entitlement to examination of fire prevention and firefighting
of police authorities.
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1. Heads of establishments, vehicle
owners, project developers, owners of structures, household owners, tenants,
borrowers, lounging individuals shall decide the time, scope, and methods for
recording results of regular self-examination in respect of establishments,
vehicles, structures during construction, residential buildings, residential
buildings incorporating manufacturing, mercantile occupancies under their
management at most once per month.
2. Heads of establishments or
assigned individuals shall conduct fire prevention and firefighting examination
at their establishments: once every 6 months in respect of establishments under
Appendix II attached hereto, once every 1 year in respect of remaining
establishments under Appendix I attached hereto, and file Form No. PC02
attached hereto. Send report on implementation of fire prevention and
firefighting using Form No. PC04 attached hereto to commune-level People’s
Committees, police authorities, presiding construction authorities or update
information, data on Database on fire prevention, firefighting, rescue and fire
alarm transmission before June 15 and before December 15.
3. Police authorities shall,
depending on decentralization, arrange periodic examination in respect of
structures that must undergo design inspection or fire prevention and firefighting
design inspection during construction, inland waterway passenger watercraft,
cruise ships of a passenger capacity of 50 people or higher under section 16 of
Appendix III attached hereto under their management; take charge, cooperate
with construction authorities in conducting periodic fire prevention and
firefighting examination in respect of establishments under Appendix II
attached hereto under their management as follows:
a) Police authorities shall,
depending on decentralization, develop periodic examination plans of the
following year for establishments, structures, and vehicles under their
management before December 15. Consult construction authorities pertaining to
time, details, methods, and composition of periodic examination teams in respect
of establishments under Appendix II attached hereto;
b) Presiding authorities shall
establish examination teams or assign examining officials and send written
notice on time, details, and composition of examination teams to examine
subjects 3 working days prior;
c) Chief inspectorate or assigned
officials shall introduce composition, examination details, methods and assign
examination team members to conduct fire prevention and firefighting
examination within their authority in accordance with Point a and Point b
Clause 2 Article 13 hereof;
d) File Form No. PC03 attached
hereto after concluding the examination; where examination subject fail to sign
the form, specify the reason in the form.
4. Commune-level People’s
Committees shall conduct periodic fire prevention and firefighting examination
in respect of establishments under their management as follows:
a) Develop examination plan of the
following year before December 15;
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c) Chief examiner or assigned
officials shall introduce composition, examination details, methods and assign
examination team members to conduct fire prevention and firefighting
examination within their authority in accordance with Point c Clause 2 Article
13 hereof;
d) File Form No. PC03 attached
hereto after concluding the examination; where examination subject fail to sign
the form, specify the reason in the form.
5. In case of irregular fire
prevention and firefighting examination, commune-level People’s Committee,
police authorities, and construction authorities shall, within their powers
under Points a, b, and c Clause 2 Article 13 hereof, conduct examination as
follows:
a) Competent authorities shall
issue decision establishing examination teams or assigning officials to conduct
irregular examination; where assigned officials conduct examination, letter of
introduction provided by competent authorities shall be required;
b) During examination, chief
examiners or assigned officials shall introduce examination tean composition,
reasons, time, details, and methods of examination to examination subjects or
representatives of examination subjects;
c) Examination teams or assigned
officials shall examine compliance with regulations on fire prevention and
firefighting in respect of details where suspicions of violations are raised or
written complaints, denunciations are filed or where request is made by
competent authorities for the purpose of maintaining security and order;
d) File Form No. PC03 attached
hereto after concluding the examination; where examination subjects fail to
sign the form, specify the reason in the form.
6. Registration authorities shall
conduct fire prevention and firefighting examination in accordance with
field-specific regulations on technical safety and environmental protection
examination of railway vehicles, inland waterway watercraft registration, ship
registration, technical safety and environmental protection inspection of road
vehicles.
7. Heads of establishments,
household owners, vehicle owners, project developers, and structure owners have
the responsibility to prepare documents in accordance with notified examination
or provide documents to facilitate irregular examination and work with
competent authorities and persons either at their discretion or via
authorization.
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FIREFIGHTING AND RESCUE
Article 15.
Details of firefighting and rescue plans, rescue plans
1. Firefighting and rescue
plans developed and approved by heads of establishments using Form No. PC06
attached hereto shall contain:
a) Information on the
establishments: name, address, full name of heads of establishments, phone
number, list of personnel, on-site fire prevention, firefighting, rescue
facilities and system of the establishments, water sources for firefighting
inside and outside of establishments, extinguishants;
b) Characteristics pertaining to
fire, explosion, toxic, hazards; diagrams depicting means of egress, exit
paths, locations of hydrants, tanks, drafting locations, arrangement of fire
alarm, firefighting, and rescue facilities, equipment in each area, work item
in the establishments;
c) Phone number of authorities in case
of fire, hazards, emergencies;
d) Simulation of fire, hazards,
emergencies during and outside working hours in the area, work items,
structures with risk of conflagrations in the establishments; expected use of
on-site forces, facilities, arrangement of evacuation, firefighting appropriate
to each fire, hazard, emergency scenario;
dd) Issues to be aware of to ensure
safety of people and facilities during firefighting, rescue operations in
respect of substances and goods posing fire risk stored and used in the
establishments such as: possibility of explosion, smoke, toxic gas, fire and
explosion hazards that may cause structural collapse.
2. Firefighting and rescue plans of
vehicles prepared and approved by vehicle owners using Form No. PC07 attached hereto
shall contain:
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b) Fire, explosion, toxic hazard
characteristics of vehicles, goods transported by the vehicles; diagrams
depicting means of egress, arrangement of fire alarm, firefighting, and rescue
facilities and equipment in each section of vehicles;
c) Phone number of presiding
authorities of the vehicles;
d) Simulation of several fire,
hazard, emergency scenarios; expected use of on-site personnel, facilities,
arrangement of evacuation, firefighting, and rescue appropriate to each
scenario;
dd) Issues to be aware of to
maintain safety of people and facilities involved in firefighting and rescue in
respect of vehicles, goods with risk of fire, explosion transported on the
vehicles such as: possibility of explosion, smoke, toxic gas.
3. Firefighting and rescue
plans developed and approved by police authorities depending on
decentralization in respect of establishments with risk of conflagration using
Form No. PC08 attached hereto shall contain:
a) Information on the
establishments: name of establishments, operating address, heads of
establishments, phone number, list of on-site fire prevention, firefighting,
rescue facilities of the establishments, traffic, water sources for
firefighting inside and outside of establishments;
b) Diagrams depicting means of
egress, exit paths, arrangement of firefighting, rescue facilities, location of
hydrants, water tanks, drafting locations in each area, work items in the
establishments;
c) Characteristics pertaining to
fire, explosion, toxic, hazard, emergency risks;
d) Phone number of: Commune-level
People’s Committees, commune-level People’s Committees, electricity
authorities, medical authorities, water supply authorities, traffic
authorities, environment authorities; forces, personnel to be mobilized for
firefighting and rescue;
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e) Expected mobilization and use of
forces, facilities, coordination, strategies, technical solutions for
firefighting and rescue for individual stages of each fire, hazard, emergency
scenario.
4. Rescue solutions of police
authorities for individual scenario under Point b Clause 1 Article 32 of the
Law on Fire and Rescue prepared and approved by police authorities depending on
decentralization using Form No. PC09 attached hereto shall contain:
a) Characteristics of hazards,
emergencies, factors affecting rescue operations at areas under hazard and
emergency simulation;
b) Scenario simulation, development
of hazards and emergencies;
c) Expected mobilization, use of
personnel, facilities, coordination, adoption of technical rescue solutions,
strategies, and activities appropriate to rescue scenarios.
5. Heads of establishments, vehicle
owners, and competent police authorities entitled to approval of firefighting
and rescue solutions, rescue solutions have the responsibility to update,
revise, and amend solutions in case of changes to any element under Clauses 1,
2, 3, and 4 of this Article.
6. The Minister of Public Security
shall prescribe authorities entitled to development and approval of
firefighting and rescue solutions, rescue solutions of police authorities.
Article 16.
Firefighting and rescue solution, rescue solution drill
1. Drill of firefighting and rescue
solutions of establishments and vehicles shall be implemented as follows:
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b) Irregular drill shall be
implemented at request of competent persons or competent authorities in order
to maintain fire safety of special political, economic, cultural, social
events;
c) Results of drill of firefighting
and rescue solutions shall be presented in Form No. PC04 attached hereto or
updated on Database on fire prevention, firefighting, rescue and fire alarm
transmission.
2. Drill of firefighting and rescue
solutions of police authority shall be implemented in accordance with plans
developed by competent persons entitled to mobilization of forces, personnel,
facilities, assets of agencies, organizations, households, and individuals in
the approved solutions.
At least 5 days prior to the date
on which drill is implemented, police authorities shall inform commune-level
People’s Committees, heads of establishments, mobilized agencies,
organizations, households, and individuals in the solutions about details,
time, location of drill for cooperation.
3. Drill of rescue solutions of
police authority shall be implemented in accordance with plans developed by
competent persons entitled to mobilization of forces, personnel, facilities,
assets of agencies, organizations, households, and individuals in the approved
solutions.
At least 5 days prior to the date
on which drill is implemented, police authorities shall inform commune-level
People’s Committees, mobilized agencies, organizations, households, and
individuals in the solutions about details, time, location of drill for
cooperation.
Article 17.
Procedures for mobilizing forces, personnel, facilities, and assets for
firefighting and rescue
1. Chairpersons of People’s
Committees of all levels, heads of establishments, organizations shall mobilize
forces, personnel, facilities, and assets under management for firefighting and
rescue either via written or spoken form; where mobilization is performed
verbally, within 5 days after the mobilization is issued verbally, Form No.
PC10 attached hereto shall be filed and sent to mobilized entities and individuals.
Where mobilization is implemented
verbally, competent persons entitled to mobilization shall state full name,
position, employer, address, phone number, basis for mobilization, requirements
pertaining to personnel, facilities, assets mobilized, time, location of
gathering, and duties in firefighting and rescue.
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Article 18.
Mobilization of forces, personnel, facilities, assets of the military for
firefighting; firefighting arrangement at dual-use structures under management
of the Ministry of National Defense
1. Military forces, personnel,
facilities, and assets can be mobilized for firefighting duties where they are
not currently engaged in emergency duties.
2. Entitlement and procedures for
mobilization:
a) Where military forces,
personnel, vehicles, assets are mobilized for firefighting, competent persons
under Clause 5 Article 26 of the Law on Fire and Rescue shall request heads of
military agencies, entities to cooperate;
b) Mobilization shall be
implemented via written form or verbal form; where mobilization is implemented
via verbal command, Form No. PC10 attached hereto shall be filed and sent to
mobilized entities and persons.
3. Military commanders shall, upon
mobilized for firefighting by competent persons, comply with or report to their
superiors for implementation.
4. Where military forces, personnel,
facilities, and assets mobilized for firefighting are missing or damaged
directly by the mobilization process, compensation compliant with Clause 3
Article 26 of the Law on Fire and Rescue shall be made.
5. In case of fire at military
structures and facilities that also accommodate civilian use or structures that
accommodate both military, national defense and civilian purposes:
a) Fire and rescue police forces
have the right to enter structures and establishments involved in a fire
(hereinafter referred to as “involved structures and establishments”) to deploy
firefighting and rescue operations in accordance with approved solutions
regardless of request or consent of heads of agencies, entities, or authorized
persons on behalf of heads of structures and establishments;
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c) Entities managing involved
establishments shall provide information, data, situations of the fire and
other issues related to firefighting and rescue operations for commanding
persons in firefighting in firefighting; assign individuals with clear
understanding of local terrain and characteristics of involved establishments
to cooperate, develop safety measures for forces and facilities engaged in
firefighting and rescue;
d) Coordination of firefighting
operations shall conform to Clause 1 and Point a Clause 2 Article 28 of the Law
on Fire and Rescue.
Article 19.
Investment, management, maintenance of fire hydrants, drafting locations for
fire engines and fire pumps for fire prevention and firefighting
1. Investment in installation or
construction of fire hydrants and drafting locations for fire engines and fire
pumps:
a) Provincial People’s Committees
have the responsibility to invest in installation, development of fire hydrants
on centralized water supply system and drafting locations for fire engines and
fire pumps at lakes, ponds, lakes, channels, canals in residential areas of
cities and rural areas in a manner compliant with regulations of the law,
technical regulations and approved fire prevention and firefighting
infrastructure planning.
Investment funding shall be sourced
from state budget for fire prevention and firefighting according to Clause 4
Article 50 of the Law on Fire and Rescue;
b) Project developers of urban area
investment projects, project developers of function areas in accordance with
construction laws, urban and rural planning laws have the responsibility to
install, build fire hydrants on centralized water supply system and drafting
locations for fire engines and fire pumps at lakes, ponds, lakes, channels,
canals in areas under the scope of their investment projects.
Investment funding shall be
included in total investment of urban investment projects and function area
infrastructure investment projects.
2. Management and maintenance of
fire hydrants on centralized water supply system, drafting locations for fire
engines and fire pumps:
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b) Project developers under Point b
Clause 1 of this Article or agencies, organizations assigned by project
developers have the responsibility to manage and maintain fire hydrants on
centralized water supply system and drafting locations for fire engines and
fire pumps at ponds, lakes, channels, canals in urban areas, function areas;
examine and maintain operation of fire hydrants and drafting locations.
Chapter IV
DEVELOPMENT AND ARRANGEMENT OF FIRE AND RESCUE FORCES
Article 20.
Establishment, organization, operation, and operating condition assurance of
grassroots fire and rescue forces and specialized fire and rescue forces
1. Heads of agencies, organizations
trading infrastructure of industrial parks, industrial complexes or heads of
establishments have the responsibility to establish and and maintain operation
of specialized or part-time fire and rescue teams at the following
establishments:
a) Industrial parks and industrial
complexes of a total area of 75 ha or higher;
b) Gas processing facilities of a
capacity of 10 million m3 of gas/day or higher;
c) Petroleum and petroleum product
storage units of a total storage capacity of 100.000 m3 or higher;
d) Textile workshops of a capacity
of 25 million m2/year or higher;
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e) Sea ports associated to class I
structures or higher in accordance with construction laws; withdrawing,
receiving explosive substances, combustible gas, liquid, solid substances under
list of dangerous commodities;
g) Oil refineries; petroleum
factories; petroleum and refineries factories;
h) Airports;
i) Nuclear power plants.
2. Establishments under fire and
rescue management under Appendix I attached hereto, other than those under
Clause 1 of this Article, frequently occupied by at least 20 people shall be
required to to establish grassroots fire and rescue teams. Heads of
establishments shall have the responsibility to form and maintain operation of
grassroots fire and rescue teams.
Where establishments are frequently
occupied by less than 20 people, grassroots fire and rescue teams shall not be
required as long as persons in charge of fire and rescue operations are
appointed in writing.
3. Agencies, organizations managing
and operating multiple establishments under Clause 1 of this Article may
establish a specialized fire and rescue team at one of the establishment where
service radius from the fire and rescue force to the furthest points of all
establishments does not exceed 3 km in which case fire and rescue groups
affiliated to the specialized fire and rescue team shall be established in
other establishments.
4. Where establishments consist of
multiple workshops or stand-alone or shift-based working units, a grassroots
fire and rescue group affiliated to grassroots fire and rescue team or
specialized fire and rescue team shall be established for every department,
workshop, and shift frequented by more than 100 people.
5. Arrangement of grassroots fire
and rescue forces:
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b) Grassroots fire and rescue teams
of establishments frequented by exceeding 50 to 100 people shall consist of at
least 15 members which include a team captain and 2 second-in-command;
c) Grassroots fire and rescue teams
of establishments frequented by exceeding 100 people shall consist of at least
25 members which include a team captain and 3 second-in-command;
d) Fire and rescue groups
affiliated to grassroots fire and rescue teams shall consist of at least 5
members which include a leader
dd) Where establishments consist of
multiple agencies and organizations, the agencies and organizations shall
assign their personnel to participate in fire and rescue teams form by heads of
establishments.
6. Establishments that form
specialized fire and rescue teams under Clause 1 of this Article shall
designate adequate number of personnel to operate provided firefighting
facilities and deploy firefighting and rescue operations at the establishments.
The minimum number of designated personnel shall be provided under Points a, b,
and c Clause 5 of this Article.
7. Operation of specialized fire
and rescue teams:
a) Specialized fire and rescue
teams of industrial parks, industrial complexes of a total area of 75 ha or
higher, petroleum and petroleum product storage units of a total capacity of
100.000 m3 to less than 500.000 m3, textile factories of
a capacity of 25 million m2/year or higher, thermal power plants of
a total capacity of 600 MW to less than 1.200 MW, and hydroelectricity plans of
a total capacity of 1.000 MW or higher may operate on a part-time basis.
Standby members shall, upon receiving alarm while performing other tasks at
establishments, immediate navigate towards location of firefighting facilities
and implement firefighting, rescue operations. Persons assigned to operate fire
engines shall be stationed at location of fire engines;
b) Specialized fire and rescue
teams of establishments under Points b, e, g, h, and i Clause 1 and Clause 3 of
this Article, petroleum and petroleum product storage units of a total capacity
of 500.000 m3 or higher, thermal power plants of a total capacity of
1.200 MW or higher shall operate on a full-time basis. Members assigned to
station with fire engines and fireboats shall remain at designated locations.
8. Heads of agencies, organizations
trading infrastructure of industrial parks and industrial complexes, heads of
establishments have the responsibility to promulgate decision on establishment
and operating regulations, assign captain, second-in-command, leader of
grassroots fire and rescue teams, specialized fire and rescue teams. Agencies,
organizations overseeing establishments shall incur expenditure on fire and
rescue facilities, prepare locations and facilities necessary for operation of
grassroots fire and rescue forces, specialized fire and rescue forces.
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1. Civil defense forces shall
operate on a part-time basis and arranged as civil defense teams consisting of:
Captain, deputy, and members.
2.
Chairpersons of commune-level People’s Committee shall issue decision forming
civil defense teams, appoint captains and deputies, recognize members of civil
defense teams, guarantee funding, workplace, training, and refresher training
for fire and rescue, provide equipment and necessary conditions, and maintain
operation of civil defense teams.
3. Civil defense teams shall be
outfitted with fire and rescue facilities; civil defense members shall be
provided with necessities for performance of tasks.
4. Commune-level police authorities
shall assist People’s Committees of the same levels in overseeing the
organization, operation, coordination, and rescue operations of civil defense
teams.
Article 22.
Voluntary fire and rescue operations
1. Individuals volunteering for
fire and rescue operations shall file Form No. PC05 attached hereto to
commune-level police authorities.
2. Commune-level police authorities
shall receive the application, review, inform the applicants about volunteer
participation in fire and rescue operations and send list of volunteers to
local fire and rescue police authorities.
3. Individuals volunteering for
fire and rescue operations shall operate under coordination, guidance,
assignment, and examination of commune-level police authorities, fire and
rescue police authorities; have access to protective equipment, fire and rescue
facilities appropriate to operations that they volunteer for; undergo training
and refresher training in fire and rescue operations. Employers have the
responsibility to enable employees who have applied to volunteer in fire and
rescue operations to participate in training and refresher training in fire and
rescue operations upon receiving notice from police authorities.
Encourage volunteers to provide
their own protective equipment, fire and rescue facilities for the purpose of
engaging in fire and rescue operations.
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a) Volunteers shall be eligible for
benefits and allowance after participating in fire and rescue in the same
manner as individuals mobilized or participating in fire and rescue under
Article 32 hereof;
b) Individuals volunteering for
fire and rescue operations that succumb to accidents, injuries, or deaths in
the process of fire and rescue shall be eligible for regulations and policies
applicable to mobilized individuals who succumb to accidents, injuries, or
deaths according to Article 33 and Article 34 hereof.
5. Individuals that have
volunteered for fire and rescue operations shall be mobilized for fire and
rescue operations appropriate to their applications.
Upon ceasing to volunteer for fire
and rescue operations, individuals shall inform commune-level police
authorities that they previously applied for volunteer.
Chapter V
FIRE AND RESCUE FACILITIES; DATABASE ON FIRE
PREVENTION, FIREFIGHTING, RESCUE AND FIRE ALARM TRANSMISSION
Article 23.
Licensing prior to market circulation in respect of fire prevention,
firefighting, rescue facilities, and fire-rated, fireproofing elements and
structures
1. Fire and rescue facilities,
fire-rated, fireproofing elements and structures under Appendix V attached
hereto must be licensed for circulation by competent authorities under Clause 6
of this Article.
Fire and rescue facilities that are
not specified under Appendix V attached hereto shall be compliant with
regulations on quality control, goods labeling in accordance with regulations
of the law on product and goods quality and relevant law provisions.
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a) In respect of fire and rescue
facilities, fire-rated, fireproofing elements and structures that are
domestically manufactured or assembled: Form No. PC20 attached hereto; test
results appropriate to applicable standards and corresponding technical
regulations produced by conformity assessing bodies via product and goods
quality test in accordance with product, goods quality, technical regulation,
technical standard laws, and certificate of factory release; technical
documents of fire and rescue facilities, fire-rated, fireproofing elements and
structures (if any);
b) In respect of imported fire and
rescue facilities, fire-rated, fireproofing elements and structures: Form No.
PC20 attached hereto; certificate of quality, test results complaint with
regulations and standards under Clause 2 Article 44 of the Law on Fire and
Rescue produced by foreign testing bodies certified for compliance with ISO/IEC
17025; certificate of origin; technical documents of fire prevention,
firefighting, rescue facilities, fire-rated and fireproofing elements and
structures (if any).
Where test results produced by
foreign testing bodies are not available, test results produced by Vietnamese
conformity assessing bodies can be used in accordance with product, goods
quality and regulations of the law on technical standards, technical
regulations;
c) Circulation application can be
filed as physical documents or electronic documents. In case of submission of
physical documents, original copies accompanied by photocopies shall be
submitted.
Where information on documents
under Point a and Point b of this Clause has been connected, shared, and
updated on national database or field-specific database, competent authorities
shall not request applicants to submit physical documents and shall handle the
procedures online.
3. Reception of circulation
application:
a) Agencies, organizations, and
individuals shall submit 1 set of documents under Clause 2 of this Article to
competent authorities under Clause 6 of this Article either in-person, via post
service, or online via public service portal.
Persons assigned by agencies and
organizations to submit applications shall be required to hold letter of
introduction or written authorization, present ID card, electronic ID card, or
valid passport;
b) Departments receiving
applications have the responsibility to examine composition and adequacy of the
applications and proceed as follows:
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In case of submission via post
service: receive adequate applications, issue receipt, and arrange appointment
for result issuance; in case of inadequate applications, issue written request
for revision or written rejection and return to applicants.
In case of submission via public
service portal: receive and issue receipt notice or issue request for revision,
amendment to applicants within 8 working hours after receiving applications.
4. Processing application and
licensing circulation of fire and rescue facilities, fire-rated, fireproofing
elements and structures:
Within 5 working days from the date
on which competent authorities receive adequate documents, competent
authorities have the responsibility to consider, issue license for circulation
of fire and rescue facilities, fire-rated, fireproofing elements and structures
manufactured, assembled, imported using Form No. PC21 attached hereto
(hereinafter referred to as “circulation license”). Circulation license of fire
and rescue facilities, fire-rated, fireproofing elements and structures shall
be issued as physical documents or electronic documents; physical circulation
license shall be issued in respect of application submitted in-person or via
post service or at request upon online submission or submission via public
service portal. Where circulation license is not issue, written response and
reasons must be issued.
Circulation license shall be issued
to model of fire and rescue facilities, fire-rated, fireproofing elements and
structures. Fire and rescue facilities, fire-rated, fireproofing elements and
structures manufactured, assembled, and imported and of model(s) licensed for
circulation shall be permitted for market circulation.
Where model of fire and rescue
facilities, fire-rated, fireproofing elements and structures shares name,
functionalities, brand, type, technical performance characteristics,
manufacturer, assembling units or importing organizations and individuals as
model of fire and rescue facilities, fire-rated, fireproofing elements and
structures that has previously been licensed for circulation by competent
authorities, the importing organizations and individuals shall not be required
to apply for circulation license.
5. Fire and rescue facilities,
fire-rated, fireproofing elements and structures to which circulation license
is issued shall conform to goods labeling laws where goods labels shall consist
of circulation license number and issuing authorities to facilitate goods
quality management and examination during market circulation.
6. Entitlement to issuance of
circulation license of fire and rescue facilities, fire-rated, fireproofing
elements and structures:
a) Circulation license for fire and
rescue facilities shall be issued by police authorities delegated by the
Minister of Public Security;
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7. Circulation license shall
replace declaration of conformity to standards and regulations.
In respect of fire and rescue
facilities, fire-rated, fireproofing elements and structures that must undergo
goods quality examination upon import, agencies, organizations, and individuals
that import fire and rescue facilities, fire-rated, fireproofing elements and
structures shall perform quality examination of imports by declaring Form No.
PC19 attached hereto and undertaking responsibilities for imports quality in
accordance with international standards, regional standards, foreign standards,
or Vietnam’s technical standards, technical regulations.
Declaration of imported fire and
rescue facilities, fire-rated, fireproofing elements and structures shall be
attached to customs declaration. Agencies, organizations, and individuals
importing fire and rescue facilities, fire-rated, fireproofing elements and
structures shall, after performing customs declaration, be granted customs
clearance and apply for circulation license prior to market circulation of
imported fire and rescue facilities, fire-rated, fireproofing elements and
structures.
8. Agencies, organizations, and
individuals that import, manufacture, and assemble fire and rescue facilities,
fire-rated, fireproofing elements and structures shall, prior to circulating
facilities, elements, and structures, have the responsibility to declare the
following information on database of field-specific authorities: address of
manufacturer, assembler, importer; name, code, technical specification,
quantity, manufacturing location, manufacturing year; circulation license
number, issuing authority of circulation license. Agencies, organizations, and
individuals importing, manufacturing, and assembling fire and rescue
facilities, fire-rated, fireproofing elements and structures shall be
accountable for accuracy of declared information.
Where database of field-specific
authorities is not available, declaration shall be performed via physical
documents submitted to field-specific authorities that previously issue
circulation license.
9. Circulation license shall be
revoked when:
a) License holders have been met
with punitive actions imposed by competent authorities due to inability to
maintain quality of fire and rescue facilities, fire-rated, fireproofing
elements and structures in accordance with declared and applied standards,
Vietnam’s technical regulations or international standards, regional standards,
foreign standards;
b) Application for circulation
license is found to have been falsified or circulation license has been
unlawfully issued.
10. Where license holders have
their circulation license revoked, they shall not be allowed to circulate fire
and rescue facilities, fire-rated, fireproofing elements and structures on the
market.
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11. Entitlement to quality examination
or designation of conformity assessing bodies for testing of fire and rescue
facilities, fire-rated, fireproofing elements and structures:
a) The Minister of Public Security
shall delegate affiliated entities to conduct quality examination of fire and
rescue facilities circulated on the market after circulation license is issued,
affiliated entities shall delegate conformity assessing bodies to carry out
tests of fire and rescue facilities in accordance with product and goods
quality laws, regulations of the Minister of Public Security on state
examination and conformity assessment of quality of potentially dangerous
products and goods under management of the Ministry of Public Security.
Information on entities delegated
to conduct quality inspection or designated to carry out conformity assessment,
tests of fire and rescue facilities shall be uploaded and publicly posted on
website of the Ministry of Public Security;
b) The Minister of Construction
shall delegate competent affiliated entities to carry out quality examination
of fire-rated, fireproofing elements and structures circulated on the market,
competent affiliated entities shall designate conformity assessing bodies to
test fire-rated, fireproofing elements and structures in accordance with
regulations on products and goods quality, regulations of the Minister of
Construction on quality management of construction material products and goods.
Information on entities delegated
to conduct quality examination, designating conformity assessing bodies to test
fire-rated, fireproofing elements and structures shall be uploaded and publicly
posted on website of the Ministry of Construction.
12. Delegated entities under Clause
11 of this Article shall conduct examination, perform tasks and powers of goods
and product quality examination authorities in accordance with goods and
product quality laws.
Penalties for violations pertaining
to quality of fire and rescue facilities, fire-rated, fireproofing elements and
structures shall conform to goods and product quality laws.
Article 24.
Database on fire prevention, firefighting, rescue and fire alarm transmission
1. Database on fire prevention,
firefighting, rescue and fire alarm transmission consists of:
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b) Devices transmitting fire alarm
from fire alarm system or devices of establishments, residential buildings to
database on fire prevention, firefighting, rescue and fire alarm transmission;
c) Software for declaring,
receiving, storing, processing information and data pertaining to fire and
rescue.
2. Database on fire prevention,
firefighting, rescue and fire alarm transmission shall be developed and
overseen by the Ministry of Public Security on a nationwide scale, qualified
for information security and safety; data collected from the database on fire
prevention, firefighting, rescue and fire alarm transmission for the purpose of
maintaining order and security shall be considered professional documents of
people's public security and under joint management of the Ministry of Public
Security. The Ministry of Public Security shall place order or task fire alarm
transmission service providers to satisfy security, safety, privacy, and
technology requirements for fire alarm transmission services in fire and rescue
in accordance with recurrent security requirements and tasks.
3. Database on fire and rescue
shall be field-specific database and developed, overseen by the Ministry of
Public Security. Information on the database on fire and rescue includes:
a) Name of establishments, initial
operating year, address, name of head of establishment, name of agencies,
organizations overseeing field of operation, method of investment; size,
operating characteristics of work items; information on fire and rescue
facilities provided at establishments (quantity; type; operating conditions;
maintenance term; installation location); information on fire and rescue forces
of establishments; information on roads and water sources in establishments
serving fire and rescue operations; information relating to compliance with
regulations of the law on fire and rescue (communication, training, refresher
training in fire and rescue; self-examination; compliance with propositions,
decisions imposing penalties for violations in fire and rescue operations of
competent authorities; implementation of regulations on fire prevention and
firefighting in investment, construction, fire and rescue solutions); fire,
explosion, hazard, risk situations of establishments; online reports on fire
and rescue operations of establishments; other information related to fire and
rescue operations of establishments;
b) Information on traffic, water
source, communication system for fire and rescue operations; location, forces,
facilities of fire and rescue of specialized fire and rescue teams and fire and
rescue police forces; firefighting and rescue solutions, rescue solutions of
police authorities; information on professional operations of fire and rescue
police forces; legislative documents and other information serving fire and
rescue operations.
4. Database on fire and rescue
shall be adequately, accurately, promptly updated, kept operating continuously,
stably, thoroughly, satisfactory to operating and use requirements to
accommodate state management pertaining to fire prevention, firefighting,
rescue, security, and order; connect and share data with general national
database and other database as per the law.
Connection and transmission of
information, data under Point a Clause 3 of this Article with database on fire
prevention, firefighting, rescue and fire alarm transmission shall satisfy
security, safety, and privacy requirements as per the law.
Article 25.
Investment, management, operation of database on fire prevention, firefighting,
rescue and fire alarm transmission
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a) System, equipment, and software
for receiving, storing, processing information, data on fire prevention,
firefighting, rescue, and fire alarm transmission in police authorities shall
be funded by state budget or other legitimate funding sources as per the law;
b) Heads of establishments under
Appendix I attached hereto shall provide, maintain, and fund operation of fire
alarm transmission devices, update data on fire and rescue and connect to
database on fire prevention, firefighting, rescue and fire alarm transmission;
c) Household owners whose
residential buildings are in central-affiliated cities in accordance with
Clause 5 Article 20 of the Law on Fire and Rescue have the responsibility to
maintain operation and incur expenditure on operation of fire alarm
transmission devices connected to database on fire prevention, firefighting,
rescue and fire alarm transmission;
d) Fire alarm transmission service
providers have the responsibility to investment solutions, technology system,
and software for connecting fire alarm transmission devices at establishments,
residential buildings to database on fire prevention, firefighting, rescue and
fire alarm transmission in accordance with technical regulations, technical
standards, or regulations of the Ministry of Public Security.
2. Management and operation of
database on fire prevention, firefighting, rescue and fire alarm transmission:
a) Database on fire prevention,
firefighting, rescue and fire alarm transmission shall be managed and operated
by fire and rescue police departments from central to local government. The
Ministry of Public Security shall decide decentralization for management,
operation of database on fire prevention, firefighting, rescue and fire alarm
transmission;
b) Fire alarm transmission service
providers have the responsibility to: maintain, upgrade technology solutions,
operate, connect, transmit fire alarm continuously, thoroughly; implement
online technical support centers that operate round-the-clock; classify fire
alarms, temporary emergency reports; assist in managing, declaring, updating
database on fire and rescue.
Article 26.
Declaration, update of data on fire and rescue
1. Establishments under Appendix I
attached hereto have the responsibility to declare, update information under
Point a Clause 3 Article 24 hereof on declaration software of database on
database on fire prevention, firefighting, rescue and fire alarm transmission
in accordance with guidance of Fire and Rescue Police Department and Ministry
of Public Security, and assume responsibility for accuracy of declared
information.
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a) Initial declaration shall be
performed within 3 days from the date on which fire alarm transmission devices
are provided or connected to to database on fire prevention, firefighting,
rescue and fire alarm transmission;
b) In case of changes to previously
declared information, changes must be updated on database on fire prevention,
firefighting, rescue and fire alarm transmission;
c) In respect of information and
data related to fire and rescue that has been connected, shared from database
of other field-specific authorities, such declaration and update shall not be
required.
3. Fire and rescue police forces
have the responsibility to declare, update information on fire and rescue under
Point b Clause 3 Article 24 hereof on declaration software of database on fire
prevention, firefighting, rescue and fire alarm transmission in accordance with
guidelines of Vietnam Fire and Rescue Police Department, and Ministry of Public
Security.
Article 27. Responsibility, roadmap for providing,
connecting fire alarm transmission devices with database on fire prevention,
firefighting, rescue and fire alarm transmission
1. People’s
Committees of central-affiliated cities have the responsibility to fund
provision of fire alarm transmission devices connected to database on fire
prevention, firefighting, rescue and fire alarm transmission for residential
buildings in central-affiliated cities in areas with inadequate traffic
infrastructures or water sources for firefighting in accordance with regulations
of the law, technical regulations in fire prevention and firefighting under
Clause 5 Article 20 of the Law on Fire and Rescue via the following roadmap:
a) By January 1, 2026 at the
latest, People’s Committees of central-affiliated cities must have finished
classifying, drafting, and declaring list of areas, residential buildings in
areas with inadequate traffic infrastructures or water sources for firefighting
in accordance with regulations of the law, technical standards, technical
regulations in fire prevention and firefighting within their jurisdiction;
b) By July 1, 2027 at the latest,
People’s Committees of central-affiliated cities must have finished providing
and connecting fire alarm transmission devices to database on fire prevention,
firefighting, rescue and fire alarm transmission for residential buildings in
central-affiliated cities under Clause 5 Article 2 of the Law on Fire and
Rescue.
2. By July 1, 2027 at the latest,
heads of establishments under fire prevention and firefighting management list
under Appendix I attached hereto must have finished providing and connecting
fire alarm transmission devices to database on fire prevention, firefighting,
rescue and fire alarm transmission.
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ENABLING FIRE AND RESCUE OPERATIONS
Article 28.
Contents of training and refresher training for fire and rescue operations
1. Regulations of the law on fire
and rescue include:
a) Responsibilities of People’s
Committees of all levels in fire and rescue operations;
b) Responsibilities of heads of establishments,
vehicle owners in fire and rescue operations;
c) Responsibilities of individuals
in fire and rescue operations;
d) Duties of grassroots fire and
rescue forces, specialized fire and rescue forces in fire and rescue
operations;
dd) Duties of civil defense forces
in fire and rescue operations;
e) Regulations of the law on fire
and rescue directly related to fire and rescue safety conditions of
establishments and vehicles.
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a) Causes of fire; fire prevention
measures;
b) Fire prevention in use of
electricity, fire sources, heat sources, equipment and devices producing flame
or heat; fire prevention in production, storage, transportation, and use of
goods with fire, explosion risks;
c) Management and maintenance of
fire and rescue facilities, equipment;
d) Details and methods for fire
prevention and firefighting examination; functionalities, operating methods,
use methods of fire prevention and firefighting facilities and equipment.
3. Knowledge and skills pertaining
to firefighting include:
a) Firefighting solutions;
firefighting strategies and techniques;
b) Firefighting facility and
equipment use practice.
4. Knowledge and skills pertaining
to evacuation and rescue include:
a) Rescue solutions; rescue
strategies and techniques;
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c) Rescue facilities and equipment
practice.
5. Fire and rescue training,
refresher training for individual entities under Clause 1 Article 45 of the Law
on Fire and Rescue:
a) Training and refresher training
provided for Chairpersons and Vice Chairpersons of commune-level People’s
Committees shall consist of elements under Clauses 1, 2, 3, and 4 of this
Article;
b) Training and refresher training
provided for heads of hamlets, heads of neighborhoods, and members of civil
defense teams shall consist of elements under Points c and dd Clause 1, Clauses
2, 3, and 4 of this Article;
c) Training and refresher training
provided for heads of establishments shall consist of elements under Points b,
c, d, and e Clause 1, Clauses 2, 3, and 4 of this Article;
d) Training and refresher training
provided for members of grassroots fire and rescue teams, members of
specialized fire and rescue teams, individuals tasked with fire and rescue
duties at establishments shall consist of elements under Points c, d, and e
Clause 1, Clauses 2, 3, and 4 of this Article;
dd) Training and refresher training
provided for individuals tasked with fire and rescue examination at
establishments shall consist of elements under Points c, d, and e Clause 1,
Clauses 2, 3, and 4 of this Article;
e) Training and refresher training
provided for individuals working in environment with fire or explosion risks or
frequent exposure to combustible substances or goods with combustion risks,
operators and employees on vehicles under Clause 10 Article 2 of the Law on
Fire and Rescue shall consist of Points b, c, and e Clause 1, Clauses 2, 3, and
4 of this Article;
g) Training and refresher training
provided for volunteers of fire and rescue operations and other individuals
shall consist of elements under Clauses 1, 2, 3, and 4 of this Article.
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Article 29.
Duration of training and refresher training for fire and rescue operations
1. Duration of training and
refresher training for fire and rescue provided for heads of hamlets, heads of
neighborhoods, members of civil defense teams, heads of establishments,
individuals tasked with fire and rescue duties at establishments, employees
working in environment with fire or explosion risk or with regular exposure to
substances or commodities with risk of fire or explosion, vehicle operators and
employees on vehicles under Clause 10 Article 2 of the Law on Fire and Rescue,
and other entities when needed shall be:
a) A minimum of 8 hours and a maximum
of 12 hours of fire and rescue training;
b) A minimum of 4 hours and a
maximum of 8 hours of refresher fire and rescue training.
2. Duration of training and
refresher training for fire and rescue provided for Chairpersons, Vice
Chairpersons of commune-level People’s Committees, members of grassroots fire
and rescue teams shall be:
a) A minimum of 16 hours and a
maximum of 24 hours of fire and rescue training;
b) A minimum of 4 hours and a
maximum of 8 hours of refresher fire and rescue training.
3. Duration of training and
refresher training for fire and rescue provided for individuals tasked with
fire and rescue examination at establishments, members of specialized fire and
rescue teams, and volunteers shall be:
a) A minimum of 24 hours and a maximum
of 32 hours of fire and rescue training;
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4. Fire and rescue training shall
be conducted once every 5 years; refresher fire and rescue training shall be
conducted every year.
Article 30.
Arrangement of training and refresher training for fire and rescue operations
1. Chairpersons of People’s
Committee of all levels, heads of establishments, vehicle owners shall arrange
training and refresher training for entities under their management and secure
funding for such arrangement.
2. The Minister of Public Security
shall prescribe competent agencies, competent entities, and arrangement of
training and refresher training for fire and rescue for entities under Clause 1
Article 45 of the Law on Fire and Rescue.
Article 31.
Regulations and policies for individuals participating in training and
refresher training for fire and rescue
1. Members of civil defense teams,
members of grassroots fire and rescue teams, members of specialized fire and
rescue teams, individuals tasked with fire and rescue duties, and individuals
tasked with fire and rescue examination at establishments shall be eligible for
allowance after completing training and refresher training for fire and rescue
as follows:
a) Members of civil defense teams
shall be eligible for daily allowance equivalent to 0,6 times the daily minimum
region-based wages;
b) Members of grassroots fire and
rescue teams, members of specialized fire and recue teams, individuals tasked
with fire and rescue duties, and individuals tasked with fire and rescue
examination at establishments shall be eligible for daily allowance equivalent
to 0,3 times the daily minimum region-based wages;
c) Participants of fire and rescue
training, refresher training shall be allowed to take paid leave, receive other
benefits incurred by employers, and benefit from accommodation, travel fee
arrangement;
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2. Entities under Points a, b, c,
e, and g Clause 1 Article 45 of the Law on Fire and Rescue shall be, while
participating in fire and rescue training and refresher training, eligible for:
a) Individuals getting salaries
from state budget during period in which they participate in fire and rescue
training and refresher training shall be eligible for full salaries, benefits,
allowances, working expenses, policies incurred by their employers; arranged for
accommodation, travel expenses which are included in recurrent expenditure of
employers and assigning entities;
b) Individuals not getting salaries
from state budget during period in which they participate in fire and rescue
training and refresher training shall be eligible for: accommodation, meal,
travel costs which are paid by their employers, included in business expenses;
receive salaries and other benefits incurred by their employers during training
and refresher training.
3. Daily minimum region-based wages
shall be determined by dividing monthly minimum region-based wages applicable
to local employees regulated by the Government and applicable on the date on
which training and refresher training for fire and rescue is implemented by 26
days.
Article 32.
Allowance and support for individuals mobilized or participating in fire and
rescue
1. Individuals outside of fire and
rescue forces shall, after being mobilized for fire and rescue, be eligible for
allowance below:
a) Where duration of fire and rescue
operations is less than 2 hours, allowance shall at least equal 0,3 times the
minimum daily region-based wages;
b) Where duration of fire and
rescue operations is between 2 to less than 4 hours, allowance shall at least
equal 0,45 times the minimum daily region-based wages;
c) Where duration of fire and
rescue operations is 4 hours or higher or over multiple days, allowance shall
at least equal 0,6 times the minimum daily region-based wages for every 4
hours. Where fire and rescue operations take place between 10 p.m. and 6 a.m.,
the aforementioned allowance rates shall be doubled.
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Where participants in fire and
rescue operations do not participate under mobilization, commune-level People’s
Committees shall pay allowance from state budget.
3. Calculation of number of days of
minimum region-based wages shall conform to Clause 3 Article 31 hereof.
Article 33.
Regulations and policies for injured mobilized individuals, participants of
fire and rescue operations who are not health insurance, social insurance
beneficiaries
1. Financial support for medical
examination and treatment costs:
Where individuals mobilized or
participating in fire and rescue operations succumb to accidents or injuries in
the performance of fire and rescue operations, they shall receive financial
support for medical examination, treatment costs and daily meal allowance
during in-patient treatment period until they are discharged. The financial
support shall equal financial support provided for members of security and
order teams decided by provincial People’s Councils.
2. Allowance for loss of earning
capacity:
Where individuals mobilized or
participating in fire and rescue operations succumb to loss of earning
capacity, they shall be eligible for a lump-sum payment or monthly payment of
allowance, allowance for loss of earning capacity according to conclusion of
medical examination board. Lump-sum and monthly allowance and allowance for
loss of earning capacity shall be equivalent to compensation paid to employees
succumbing to occupational accidents not entirely out of their faults in
accordance with occupational safety and hygiene laws.
3. Application for policies:
a) In respect of financial support
for medical examination and treatment costs: Form No. PC21 attached hereto
filed by beneficiaries or legitimate representatives; invoices; discharge
notice.
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b) In respect of allowance for loss
of earning capacity: Form No. PC22 attached hereto; discharge notice or excerpt
copies of medical records following treatment in case of in-patient treatment
or certificate of injury issued by medical establishments that provide
emergency medical care; assessment record of loss of earning capacity issued by
medical examination board of provincial level or higher.
4. Handling procedures:
a) Applicants or legitimate
representatives thereof shall submit documents under Clause 3 of this Article
to commune-level People’s Committees in person, via post service, or via public
service portal.
Commune-level People's Committees
have the responsibility to receive and examine applications; provide guidelines
for revision in case of in adequate applications;
b) Within 5 working days from the
date on which commune-level People’s Committees receive adequate applications,
commune-level People’s Committees shall inspect and cover medical examination,
treatment costs and allowance for individuals succumbing to accidents or
injuries.
Where applicant is ineligible,
commune-level People’s Committees shall respond in writing and state reason.
5. Local government budget shall
pay for policies and benefits under this Article.
Article 34.
Regulations and policies for deceased mobilized individuals, participants in
fire and rescue operations who are not social insurance beneficiaries
1. Where individuals who are not
social insurance beneficiaries decease in the performance of fire and rescue
operation or while receiving initial medical care for injuries sustained during
fire and rescue operations, relatives of these individuals shall, for the
purpose of arranging funeral, receive financial support for medical examination
and treatment costs, bereavement allowance, and funeral costs as follows:
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b) Relatives arranging funeral
shall additionally receive reimbursement of funeral costs. Payment shall equal
funeral allowance applicable to social insurance beneficiaries in accordance
with social insurance laws;
c) Where the individuals decease
while receiving initial medical care due to injuries or accidents sustained in
the performance of fire and rescue operations, relatives of these individuals
shall receive support for medical examination and treatment costs in accordance
with Clause 1 and Clause 3 Article 33 hereof.
2. Application for bereavement
allowance and funeral cost support: Form No. PC22 attached hereto; death
certificate or excerpt of death declaration.
Where information on documents
under this Point has been connected, shared, and updated on national database
or field-specific database, competent authorities shall not request applicants
to submit physical documents and shall handle the procedures online.
3. Handling procedures:
a) Relatives of the deceased or
legitimate representatives shall submit documents under Clause 2 of this
Article to commune-level People’s Committees in person, via post service, or
via public service portal.
Commune-level People's Committees
have the responsibility to receive and examine applications; provide guidelines
for revision in case of in adequate applications;
b) Within 5 working days from the
date on which commune-level People's Committees receive adequate applications,
commune-level People's Committees have the responsibility to coordinate
inspection and issue decision on allowance, policy payment.
Where applicant is ineligible,
commune-level People’s Committees shall respond in writing and state reason.
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Article 35.
Compulsory fire insurance
1. Establishments under Appendix
VII attached hereto shall be required to purchase compulsory fire insurance for
their property except for establishments under management of the Ministry of
National Defense, Ministry of Public Security serving military, national
defense, security, and order. Other establishments are encouraged to purchase
compulsory fire insurance.
In respect of establishments
housing property of state secrets, special property, specialized property, and
property serving state management, insurers shall be required to satisfy
security, safety, and privacy requirements in the process of providing
compulsory fire insurance services.
2. 2% of the total insurance
premiums of all original insurance contracts of the previous fiscal year shall
be extracted from insurance enterprises providing compulsory fire insurance.
3. Management of revenues generated
by compulsory fire insurance shall conform to Decree No. 67/2023/ND-CP dated
September 6, 2023 of the Government and relevant law provisions.
4. Revenues generated by compulsory
fire insurance shall be used in fire and rescue operations as follows:
a) Procurement of fire and rescue
facilities for fire and rescue police forces: up to 65% of revenues generated
by compulsory fire insurance of insurance enterprises in fiscal year.
Procurement of fire and rescue facilities shall conform to bidding laws;
b) Communication, education about
regulations of the law on fire and rescue, compulsory fire insurance: up to 15%
of revenues generated by compulsory fire insurance of insurance enterprises in
fiscal year. Entries and amount of expenditure on communication and education
about regulations of the law on fire and rescue shall conform to regulations of
the law on management, use, and settlement of expenditure on law communication,
education;
c) Funding for fire and rescue
police forces in training, refresher training in fire prevention, firefighting
communication and examination, fire investigation and handling, professional
training in fire and rescue operations; examination and supervision of
participation in compulsory fire insurance of establishments: up to 15% of
revenues generated by compulsory fire insurance of insurance enterprises in
fiscal year. Entries and amount of expenditure shall conform to applicable
spending regulations;
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Article 36.
Voluntary contribution, monetary and material donation made by domestic
agencies, organizations, individuals and foreign organizations for fire and
rescue operations
1. Monetary and material donations
and contributions made by domestic agencies, organizations, individuals and
foreign organizations, individuals for fire and rescue operations shall be used
in a manner compliant with Clause 4 Article 50 of the Law on Fire and Rescue.
Where agreement or request
pertaining to purpose and amount of expenditure on fire and rescue operations
is made, management and use of said expenditure shall conform to respective
agreement and request of agencies, organizations, and individuals making
donations and contributions and shall be appropriate to use purposes serving
fire and rescue operations under Clause 4 Article 50 of the Law on Fire and
Rescue.
2. Reception and management of
exhibits, finances donated or contributed by domestic agencies, organizations,
individuals and foreign organizations, individuals to fund fire and rescue
operations as follows:
a) Monetary donations shall be sent
to account of the Ministry of Public Security opened at the State Treasury and
recorded in state budget in accordance with state budget laws and relevant law
provisions;
b) Material donations shall be
established for general public ownership then assigned to police authorities
for management and use in accordance with public asset management laws and
relevant law provisions. Establishment of general public ownership shall
conform to Decree No. 29/2018/ND-CP dated March 5, 2018 of the Government and
relevant law provisions;
c) Information on voluntary
donations and contributions of domestic agencies, organizations, individuals
and foreign organizations, individuals shall be provided and publicly posted on
website of the Ministry of Public Security and Fire and Rescue Police
Department as per the law unless agencies, organizations, individuals making
voluntary contributions and donations enter into a non-disclosure agreement;
d) Fundings provided by
mobilization and reception of other voluntary donations for emergency
remediation shall conform to Decree No. 93/2021/ND-CP dated October 27, 2021 of
the Government.
3. The Ministry of Public Security
shall rely on voluntary donations, contributions, and practical demands to
decide amount of expenditure on entries related to fire prevention and
firefighting under Clause 4 Article 50 of the Law on Fire and Rescue after
discussing with the Ministry of Finance.
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Article 37.
Funding provided by Disaster Management Fund in in accordance with regulations
of the law on natural disaster preparedness and remediation for fire and rescue
operations
1. On an annual basis, police
authorities of provinces and central-affiliated cities shall take charge and
cooperate with relevant authorities in proposing financial support to People's
Committees of provinces and central-affiliated cities in order to decide
funding from Disaster Management Fund for fire and rescue operations in
accordance with Clause 4 Article 38 hereof if state budget has not adequately
fulfilled.
2. Management and use of funding
support provided by Disaster Management Fund shall conform to state budget laws
and relevant law provisions.
Article 38.
State budget funding for fire and rescue operations
1. State budget provisions shall be
made in accordance with state budget laws in order to fund fire and rescue
operations in the following emergency situations:
a) In case of disasters in
accordance with civil defense laws that lead to fire;
b) Support and remediation of fire
damage under Point a of this Clause.
2. Funding for fire and rescue
police forces includes:
a) Regulations and policies for
fire and rescue police forces as per the law;
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c) Training, arrangement, and
participation in fire and rescue operation competition for fire and rescue
police forces;
d) Procurement, provision of fire
and rescue facilities, equipment, and other assets serving operation of fire
and rescue police forces;
dd) Construction, upgrade,
renovation, and repair (other than structures funded by development investment)
specialized structures, training camps, offices of fire and rescue forces;
repair, maintenance of equipped fire and rescue facilities;
e) Scientific and technological
research; foreign affairs and international cooperation; mobilization of
science and technology potentials in fire and rescue as per the law.
g) Other expenditure serving fire
and rescue operations under Decree No. 165/2016/ND-CP dated December 24, 2016.
Where expenditure on fire and
rescue operations overlaps expenditure under Decree No. 165/2016/ND-CP, this
Decree shall prevail.
3. State budget expenditure made by
ministries and central departments for fire and rescue operations includes:
a) Investment, provision,
development, repair, and maintenance of fire and rescue systems, instruments;
b) Operation of grassroots fire and
rescue teams, specialized fire and rescue teams affiliated to agencies and
organizations benefiting from state budget;
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d) Development, management, and
operation of database on fire prevention, firefighting, rescue and fire alarm
transmission in accordance with Clause 4 Article 52 of the Law on Fire and
Rescue;
dd) Other fire and rescue
operations as per the law.
4. Expenditure made by local
government budget for fire and rescue operations includes:
a) Regular operation of civil
defense forces; frequent funding for captains and second-in-command of civil
defense teams;
b) Procurement of fire and rescue
facilities for civil defense forces;
c) Communication and education
about regulations of the law on fire and rescue; training, advanced training,
and professional training for fire and rescue operations as per the law;
development of movement for public participation in fire and rescue; organization
of community education centers for fire and rescue;
d) Provision of fire alarm
transmission devices connected to database on fire prevention, firefighting,
rescue and fire alarm transmission in residential buildings in
central-affiliated cities in areas with inadequate traffic infrastructures or
water sources for firefighting in accordance with regulations of the law and
technical regulations in fire and rescue operations;
dd) Regulations and policies for
individuals mobilized, participating in fire and rescue operations as per the
law;
e) Compensation in case facilities
or assets of agencies, organizations, and individuals are lost or damaged in
the process of fire and rescue operations in accordance with mobilization
decision of Chairpersons of People's Committees of all levels;
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h) Renovation and improvement of
urban areas with insufficient traffic infrastructures or water sources for
firefighting;
i) Performance of duties in
accordance with fire prevention and firefighting infrastructure planning
approved by provincial People’s Committees;
k) Fire and rescue drill, practice
in accordance with plan of local government;
l) Policies encouraging fire
prevention and rescue volunteers;
m) Funding for certain operations
of fire and rescue police forces under Clause 2 of this Article depending on
balance of local government budget via request filed by provincial People’s
Committees to provincial People’s Councils;
n) Other fire and rescue operations
as per the law.
Chapter VII
STATE MANAGEMENT IN FIRE AND RESCUE
Article 39.
Details of state management in fire and rescue
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2. Promulgation and implementation
of legislative documents on fire and rescue.
3. Communication and education
about regulations of the law, guidelines on development of public participation
in fire and rescue operations; training, advanced training for fire and rescue.
4. Training, development of forces,
provision, management of fire and rescue facilities.
5. Facilitation of fire and rescue
operations.
6. Inspection of fire prevention,
firefighting design and examination of commissioning; implementation of
compulsory fire insurance associated with fire and rescue operations.
7. Research, application of science
and technology in fire and rescue; consolidation and development of database on
fire prevention, firefighting, rescue and fire alarm transmission.
8. Examination, investigation,
handling of violations, complaints, and denunciations pertaining to fire and
rescue, compulsory fire insurance; fire insurance.
9. Circulation licensing for fire
and rescue facilities prior to market circulation.
10. International cooperation in
fire and rescue.
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1. Request competent authorities to
promulgate and organize implementation of strategies, policies, schemes,
projects, planning pertaining to fire and rescue on a nationwide scale.
2. Request competent authorities to
promulgate or promulgate legislative documents, technical standards, technical
regulations on fire and rescue.
3. Provide guidelines on
implementation of fire and rescue duties of people’s public security forces.
4. Provide guidelines and
coordinate communication, education about regulations of the law on fire and
rescue; develop movement for public participation in fire and rescue.
5. Develop programs, documents on
training, refresher training for fire and rescue; delegate, direct, and provide
guidelines on training, refresher training in fire and rescue.
6. Implement management regarding
fire prevention and firefighting in respect of establishments under Appendix II
attached hereto; delegate competent police agencies and entities to manage,
examine, conduct investigation pertaining to fire prevention and firefighting;
handle complaints and denunciations pertaining to fire and rescue within their
powers.
7. Delegate police agencies and
entities to examine fire prevention and firefighting design, inspect fire
prevention and firefighting commissioning; examine compliance with regulations
on fire prevention, firefighting design inspection and commissioning and
implementation of these regulations within people’s public security forces.
8. Designate and manage operation
of conformity assessing bodies in accordance with goods and product quality
laws, regulations of the law on technical standards, technical regulations;
delegate competent police agencies and entities to issue circulation license
for fire and rescue facilities.
9. Carry out investigation and
handling of fire incidents and take actions in accordance with regulations of
the law on fire and rescue.
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11. Develop and organize
implementation of investment projects for infrastructures, training camps,
offices, provision of fire and rescue facilities for fire and rescue police
forces; promulgate and organize implementation of regulations on norms,
standards of equipment, management, maintenance, and use of fire and rescue facilities.
12. Develop fire and rescue police
forces; provide professional training for officials specializing in fire and
rescue.
13. Organize research,
popularization, and application of modern science and technology in fire and
rescue.
14. Implement state statistics
report pertaining to fire and rescue; implement preliminary and final
assessment pertaining to fire and rescue.
15. Organize information system for
managing, coordinating fire and rescue operations; develop, manage, and operate
database on fire prevention, firefighting, rescue and fire alarm transmission.
16. Report to the Government
information about participation in international organizations, signing or
participation in international treaties pertaining to fire and rescue
operations; implementation of international operations relating to fire and
rescue operations within their powers.
17. Exercise other duties as per
the law.
Article 41.
Responsibilities of ministries, ministerial agencies, and Governmental agencies
1. Ministries, ministerial
agencies, Governmental agencies, within their tasks, powers, and jurisdiction,
have the responsibility to:
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b) coordinate management, guidance
pertaining to fire and rescue;
c) allocate funding for fire and
rescue operations, fire and rescue facilities;
d) exercise other duties as per the
law.
2. The Ministry of National Defense
shall:
a) perform state management
pertaining to fire and rescue for military structures, military zones, vehicles
under management of Ministry of National Defense serving military, national
defense purposes and dual-use national defense structures in accordance with
regulations of the law on management and protection of national defense
structures and military zones; where needed, the Ministry of National Defense
shall request the Ministry of Public Security to provide guidelines on
application of Vietnam's regulation or international regulations on fire and
rescue for military, national defense projects and structures;
b) direct agencies and entities
under their management to take charge, cooperate with police authorities and
relevant agencies in developing and practicing fire and rescue solutions and
implementing firefighting, rescue operations for dual-use national defense
structures.
3. Ministry of Construction shall:
a) take charge and cooperate with the
Ministry of Public Security in prescribing technical solutions for improving
fire safety of establishments and structures with inadequate fire prevention
and firefighting requirements and incapable of rectifying in order to stay in
line with technical regulations and technical standards applicable on the date
on which the establishments and structures enter into operation until the day
prior to the effective date of the Law on Fire and Rescue;
b) provide guidelines, coordinate,
and arrange examination of fire design and inspection of fire prevention and
firefighting commissioning under their jurisdiction in accordance with Article
17 and Article 18 of the Law on Fire and Rescue;
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d) delegate competent agencies and
entities to issue circulation license for fire-rated, fireproof materials and
structural elements;
dd) examine construction
authorities in regard of inspection of fire prevention and firefighting design,
examination of fire prevention and firefighting commissioning together with
examination of feasibility study of construction investment, construction
investment economic - technical report, construction design following
fundamental design, examination of project and construction commissioning in
accordance with construction laws;
e) regulate decentralization for
management and examination of fire prevention and firefighting in respect of
establishments under Appendix II attached hereto and vehicles within
responsibility of affiliated authorities.
4. The Ministry of Education and
Training shall:
a) cooperate with the Ministry of
Public Security in developing educational contents pertaining to fire and
rescue for students and learners in education institutions and vocational
education, training facilities;
b) guide and direct education
institutions to integrate educational contents pertaining to fire and rescue with
education programs. Take charge of promulgating documents on requirements in
teaching, lecturing, practicing skills pertaining to fire and rescue in
preschools, formal education institutions, higher education institutions,
vocational education and training facilities appropriate to level of education.
5. The Ministry of Finance shall:
a) take charge and cooperate with
ministries, central departments, ministerial agencies in requesting competent
authorities to allocate annual expenditure estimates for implementation of fire
and rescue duties in accordance with state budget laws; consolidate resource
allocation under 5-year investment plans, 3-year financial-state budget plans,
annual state budget estimates for fire and rescue operations of ministries, central
departments, and local governments;
b) inspect funding sources and
capital allocation capability for programs and projects within national target
programs, projects of national importance, investment programs where the
Government decides investment guidelines, public investment programs and
projects where the Government decides investment guidelines for construction of
facilities, manufacturing, procurement of equipment for fire and rescue
operations in accordance with the Law on Public Investment; consolidate and
submit to competent authorities for approval.
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a) take charge and cooperate with
the Ministry of Public Security in fire and rescue operations that involve
headquarters of diplomatic representative missions, consular missions,
representative missions of international organizations, residences of members
of these missions; upload information on international organizations, foreign
organizations, individuals in Vietnam benefiting from privilege and immunity
for exemption from mobilization for fire and rescue operations;
b) inform the Ministry of Public
Security about headquarters of consular missions of countries signing consular
agreements with Vietnam, headquarters of representative missions of international
organizations within the United Nations, headquarters of representative
missions of intergovernmental international organizations outside of the United
Nations, entities of international organizations where Vietnam’s fire and
rescue forces are only granted access for firefighting at request or consent of
heads or authorized persons of the aforementioned agencies; inform the Ministry
of Public Security about residences of consular officials that are not
Vietnamese nationals or Vietnam residents where, according to consular
agreements between Vietnam and relevant foreign countries, Vietnamese fire and
rescue forces are only granted access for firefighting at request or consent of
these individuals.
7. Ministry of Industry and Trade
shall:
a) take charge and cooperate with
the Ministry of Public Security in prescribing technical solutions for
improving fire safety of establishments and structures with inadequate fire
prevention and firefighting requirements and incapable of rectifying in order
to stay in line with technical regulations and technical standards applicable
on the date on which the establishments and structures enter into operation
until the day prior to the effective date of the Law on Fire and Rescue;
b) provide guidelines, coordinate,
and arrange examination of fire design and inspection of fire prevention and
firefighting commissioning under their jurisdiction in accordance with Article
17 and Article 18 of the Law on Fire and Rescue;
c) coordinate and guide electricity
retailers to advise about installation and use of electrical system and
appliances in order to maintain fire safety in respect of domestic electricity
installation;
c) communicate, guide, and examine
electrical safety in domestic activities, manufacturing operations, and other
duties pertaining to safety in electricity usage in accordance with electricity
laws;
dd) examine affiliated
field-specific authorities in inspection of fire prevention and firefighting
design, examination of fire prevention and firefighting commissioning, and
examination of inspection of construction feasibility study, construction
investment economic - technical report, construction design following
fundamental design, examination of project and construction commissioning in
accordance with construction laws; regulate decentralization for management and
examination of fire prevention, firefighting of establishments conducted by
field-specific authorities.
8. The Ministry of Agriculture and
Environment shall:
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b) provide guidelines, coordinate,
and arrange examination of fire design and inspection of fire prevention and
firefighting commissioning under their jurisdiction in accordance with Article
17 and Article 18 of the Law on Fire and Rescue;
c) examine affiliated field-specific
authorities in inspection of fire prevention and firefighting design,
examination of fire prevention and firefighting commissioning, and examination
of inspection of construction feasibility study, construction investment
economic - technical report, construction design following fundamental design,
examination of project and construction commissioning in accordance with
construction laws; regulate decentralization for management and examination of
fire prevention, firefighting of establishments conducted by field-specific
authorities.
9. The Ministry of Culture, Sports
and Tourism shall take charge, cooperate with the Ministry of Public Security
and relevant agencies in guiding, directing communication and media authorities
to communicate, popularize, and provide education pertaining to knowledge,
regulations of the law, and skills regarding fire and rescue via mass media.
10. The Ministry of Science and
Technology shall assign tasks to or place orders to enable telecommunication
network service providers to send periodic text messages to mobile subscribers
to deliver recommendations, warnings, and guidelines pertaining to prevention
and handling of fire, explosion, hazards, accidents in accordance with bidding
laws and state budget laws; take charge and cooperate with the Ministry of
Public Security and relevant agencies in executing national science and
technology duties pertaining to fire and rescue operations.
11. The
Vietnam Television, the Voice of Vietnam, and the Vietnam News Agency shall:
a)
increase runtime, prioritize schedules for communicating, popularizing
knowledge and skills regarding fire prevention, firefighting, evacuation, exit,
fire risk warning;
b)
initial regular programming blocks to communicate about fire prevention, firefighting,
human rescue, and vehicle rescue in specific time schedules.
Article 42.
Responsibilities of People’s Committees of all levels
1. Provincial People's Committees
shall, within their duties and powers, have the responsibility to implement
state management regarding fire and rescue in their jurisdiction and:
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b) coordinate, examine, and arrange
implementation of regulations of the law pertaining to fire and rescue in their
jurisdiction; take actions against violation relating to fire and rescue within
their powers;
c) provide guidelines, communicate,
popularize, and provide education regarding knowledge and regulations of the
law on fire and rescue; develop movement for public participation in fire and
rescue; coordinate establishment and operation of community education centers
for fire and rescue integrated with other community education centers;
coordinate implementation of Clause 1 Article 27 hereof;
d) fund fire and rescue operations
using local government budget; provide fire and rescue facilities as per the
law;
d) maintain conditions for fire
alarm transmission and rescue situation reporting, roads and water sources for
firefighting;
e) guarantee funding for fire alarm
transmission devices connected to database on fire prevention, firefighting,
rescue and fire alarm transmission in residential buildings in
central-affiliated cities in areas with inadequate traffic infrastructures or
water sources for firefighting in accordance with regulations of the law and
technical regulations in fire and rescue operations;
g) plan location, propose land
allocation, and build training camps for fire and rescue police forces;
h) coordinate development and drill
of fire and rescue solutions, rescue solutions that require mobilization of
multiple forces and vehicles;
i) coordinate fire and rescue
operations and remediate fire damage;
k) examine affiliated authorities
in regard of inspection of fire prevention and firefighting design, examination
of fire prevention and firefighting commissioning together with examination of
feasibility study of construction investment, construction investment economic
- technical report, construction design following fundamental design,
examination of project and construction commissioning in accordance with
construction laws;
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a) coordinate, examine, and arrange
implementation of regulations of the law pertaining to fire and rescue; manage,
examine fire prevention and firefighting of residential buildings, residential
buildings incorporating manufacturing and business operations, establishments
under Appendix I, except for establishments with risk of conflagration under
Appendix II attached hereto; take actions against violations in fire and rescue
within their powers;
b) communicate, popularize, and
provide education on knowledge, regulations of the law regarding fire and
rescue; develop movement for public participation in fire and rescue;
c) organize and manage civil
defense teams;
d) fund fire and rescue operations;
provide fire and rescue facilities for civil defense forces as per the law;
dd) implement fire and rescue
operations and remediate fire damage.
Article 43.
Roadmap for handling establishments that do not meet fire prevention and
firefighting requirements and have entered into operation before the effective
date of the Law on Fire and Rescue
1. Provincial People’s Committees
must have finished classifying, preparing, and publishing list of
establishments that do not meet fire prevention and firefighting requirements
under Clause 1 Article 16 of the Law on Fire and Rescue and are incapable of
rectifying in order to stay in line with technical regulations and technical
standards applicable from the date on which these establishments enter into
operation to the day before the effective date of the Law on Fire and Rescue
within their jurisdiction by January 1, 2026 at the latest.
2. Ministries overseeing
field-specific construction according to construction laws have the
responsibility to take charge, cooperate with the Ministry of Public Security
in implementing Point b Clause 6 Article 55 of the Law on Fire and Rescue by
July 1, 2026 at the latest.
3. Establishments listed by
provincial People’s Committees in accordance with Clause 1 of this Article must
have fulfilled Point c Clause 6 Article 55 of the Law on Fire and Rescue by
July 1, 2028 at the latest. Establishments that cannot adopt corresponding
technical solutions promulgated by relevant presiding ministries must have
their occupancy changed appropriate to size and operating characteristics of
the establishments after July 1, 2028.
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IMPLEMENTATION
Article 44.
Amendment to Decree No. 67/2023/ND-CP dated September 6, 2023, Decree No. 78/2021/ND-CP dated August 1, 2021, Decree No.
175/2024/ND-CP dated December 30, 2024, Decree No. 161/2024/ND-CP dated
December 18, 2024, Decree No. 34/2024/ND-CP dated March 31, 2024, and Decree
No. 65/2018/ND-CP dated May 12, 2018
1. Amendment and annulment of
Decree No. 67/2023/ND-CP:
a) Amend Point b Clause 5 Article
4:
“b) Regarding compulsory fire
insurance: Establishments that are required to undergo fire prevention and
firefighting design inspection and approval where written approval of fire
prevention and firefighting commissioning results has not been issued by police
authorities or construction authorities;”;
b) Amend Point a Clause 1 Article
23:
“a) Buildings, structures, and
assets attached thereto; machinery, equipment serving production,
manufacturing, and business operations;”;
c) Amend Clause 1 Article 24:
“1. Minimum compulsory fire
insurance shall be monetary value determined by market value of assets under
Clause 1 Article 23 hereof on the date on which insurance contracts are
concluded.
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d) Annul the phrase “Căn cứ vào mức
độ rủi ro của đối tượng bảo hiểm, doanh nghiệp bảo hiểm được điều chỉnh tăng hoặc
giảm phí bảo hiểm tối đa 25% tính trên phí bảo hiểm” (Depending on risk level
of the insured, the insurer may increase or decrease insurance premiums by at
most 25%) under Clause 1 Article 26;
dd) Replace the phrase “Trong mọi
trường hợp, mức phí bảo hiểm không được thấp hơn mức phí bảo hiểm tương ứng với
1.000 tỷ đồng nhân (x) 75% tỷ lệ phí bảo hiểm quy định tại khoản 1 Mục
I Phụ lục II ban hành kèm theo Nghị định này.” (In any case,
insurance premiums shall not be lower than 1.000 billion VND multiplied by 75%
insurance premiums rate under Clause 1 Section I Appendix II attached hereto.)
under Clause 2 Article 26 with the phrase “Trong mọi trường hợp, tỷ lệ phí bảo
hiểm không được thấp hơn 75% tỷ lệ phí bảo hiểm tối thiểu quy định tại khoản 1
Mục I Phụ lục II kèm theo Nghị định này.” (In any case, insurance premium rates
shall not be lower than 75% of the minimum rates under Clause 1 Section I
Appendix II attached hereto.) ;
e) Replace the phrase “biên bản kiểm
tra an toàn về phòng cháy, chữa cháy” (record of fire prevention, firefighting
safety examination) with the phrase “biên bản kiểm tra về phòng cháy, chữa
cháy” (record of fire prevention, firefighting examination) under Clause 3
Article 28 and Clause 3 Article 29;
g) Annul Clause 1 Article 30 and
Clause 2 Article 31;
h) Replace Appendix II attached to
Decree No. 67/2023/ND-CP with Appendix VI attached hereto.
2. Add Point d after Point c Clause
1 Article 16 of Decree No. 78/2021/ND-CP:
“d)
Expenditure on fire and rescue operations as per the law.”.
3. Amendment to Decree No.
175/2024/ND-CP:
a) Amend Point b Clause 3 Article
5:
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b) Annul the phrase “hoặc pháp luật
về phòng cháy chữa cháy” (or fire prevention and firefighting laws) under Point
c Clause 6 Article 19;
c) Add Point dd to Point d Clause 2
Article 23:
“dd) Upon amending design where
inspection of fire prevention, firefighting design is required as per
construction authorities in accordance with fire and rescue laws.”;
d) Replace the phrase “kết quả thực
hiện thủ tục phòng cháy, chữa cháy theo quy định;” (results of fire prevention
and firefighting procedures as per the law;) under Point a Clause 5 Article 46
with the phrase “Báo cáo kết quả thẩm tra thiết kế xây dựng theo quy định tại
khoản 5 Điều 43 Nghị định này;” (Report on construction design appraisal
results according to Clause 5 Article 43 hereof;”);
dd) Add the phrase “hoặc Báo cáo kết
quả thẩm tra thiết kế xây dựng theo quy định tại khoản 5 Điều 43 Nghị
định này;” (or Report on construction design appraisal results according to
Clause 5 Article 43 hereof;) after the phrase “đối tượng có yêu cầu thẩm duyệt
về phòng cháy, chữa cháy” (entities requesting approval pertaining to fire
prevention and firefighting) under Point b Clause 2 Article 52.
4. Amendment to Decree No.
161/2024/ND-CP:
a) Annul Clause 1 Article 14 and
Article 19;
b) Amend Clause 3 Article 14:
“3. The Ministry of Industry and
Trade shall issue transports permit for Class 1, Class 2, Class 3, Class 4,
Class 5, Class 8, and Class 9 dangerous goods in accordance with Clause 1
Article 4 hereof (other than plant protection chemicals and Clause 2 of this
Article).”;
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“1. Manage list of Class 1, Class
2, Class 3, Class 4, Class 5, Class 8, Class 9 dangerous goods, petroleum,
gasoline, gases, and other dangerous chemicals, hazardous and toxic substances
in accordance with Clause 1 Article 4 hereof.”;
d) Amend Clause 3 Article 23:
“3. Take charge, cooperate with the
Ministry of Construction, Ministry of Science and Technology, relevant
ministries, central departments in advising the Government to amend list of
Class 1, Class 2, Class 3, Class 4, Class 5, Class 8, Class 9 dangerous goods,
petroleum, gasoline, gases, and other dangerous chemicals, hazardous and toxic
substances in accordance with Clause 1 Article 4 hereof.”;
dd) Amend Clause 4 Article 23:
“4. Transportation of Class 1,
Class 2, Class 3, Class 4, Class 5, Class 8, Class 9 dangerous goods shall
require escorts.”;
e) Amendment to
Point b Clause 7 Article 31:
“3. The Ministry
of Industry and Trade shall issue transports permit for Class 1, Class 2, Class
3, Class 4, Class 5, Class 8, and Class 9 dangerous goods in accordance with
Clause 1 Article 4 hereof (other than plant protection chemicals and Clause 2
of this Article).”;
g) Amendment to
Clause 13 Article 31:
“Article 26.
Ministry of Industry and Trade
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2. Manages transportation of
dangerous goods and issues transports permit for dangerous goods under their
management in accordance with Clause 3 Article 17 hereof.
3. Takes charge, cooperates with
the Ministry of Construction, Ministry of Science and Technology, relevant
ministries, central departments in advising the Government to amend list of
Class 1, Class 2, Class 3, Class 4, Class 5, Class 8, Class 9 dangerous goods,
petroleum, gasoline, gases, and other dangerous chemicals, hazardous and toxic
substances in accordance with Clause 1 Article 4 hereof.
4. Regulates Class 1, Class 2,
Class 3, Class 4, Class 5, Class 8, Class 9 dangerous goods of which
transportation shall required escorts.
5. Takes charge, cooperates with
relevant ministries, central departments in management, investigation,
examination, and penalties for violations in transportation of dangerous goods
within their powers. Conducts investigation, examination and takes actions
against violations in safety training regarding dangerous goods within their
jurisdiction.”.
5. Annul Clause 1 Article 17 and
Article 22 of Decree No. 34/2024/ND-CP.
6. Amendment to Point a Clause 2
Article 39 of Decree No. 65/2018/ND-CP:
a) The Ministry of Industry and
Trade shall issue transports permit for Class 1, Class 2, Class 3, Class 4,
Class 9 dangerous goods under Clause 1 Article 26 hereof (other than plant
protection chemicals and Point b Clause 2 of this Article);”.
Article 45.
Entry into force
1. This Decree comes into force
from July 01, 2025.
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a) Decree No. 83/2017/ND-CP dated
July 18, 2017;
b) Decree No. 136/2020/ND-CP dated
November 24 of 2020;
c) Decree No. 50/2024/ND-CP dated
May 10 of 2024;
d) Decree No. 78/2011/ND-CP dated
September 1, 2011.
3. Where legislative documents
referred to under this Decree are amended or replaced, the new documents shall
prevail.
Article 46.
Transition clauses
1. Issuance of Certificate of
inspection of fire prevention and firefighting facilities, management and use
of inspection seal of fire prevention and firefighting facilities shall
continue until June 30, 2026 inclusive. List of fire prevention and
firefighting facilities and inspection of fire prevention and firefighting
facilities shall conform to Article 38 and Appendix VII attached to Decree No.
136/2020/ND-CP, amended in accordance with Clause 13 Article 1 and Appendix VII
attached to Decree No. 50/2024/ND-CP.
2. In respect of structures not
mentioned in list under Appendix V attached to 50/2024/ND-CP where competent
construction authorities have inspected and issued construction permit or
construction has been commenced, where these structures are regulated by
Appendix III attached hereto, project developers of these structures shall
proceed with construction, commissioning process and assume responsibility for
maintaining fire prevention and firefighting safety for the structures.
3. In respect of investment
projects for structures, structures, and vehicles where certificate of approved
fire safety design has been issued by police authorities but approval for fire
prevention and firefighting commissioning results has not been granted, fire
prevention and firefighting commissioning and commissioning examination results
shall conform to Article 15 of Decree No. 136/2020/ND-CP and Clause 7 Article 1
of Decree No. 50/2024/ND-CP. Where design is amended during construction,
approval for the amendment shall conform to Article 13, Article 14 of Decree
No. 136/2020/ND-CP and Clause 5 Article 1 of Decree No. 50/2024/ND-CP. Time
limit for processing application for amendment approval, commissioning result
examination shall conform to Clause 6 Article 9 and Clause 3 Article 10 hereof.
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5. Actions for establishments,
vehicles, and households that are subject to temporary suspension or suspension
before the effective date hereof:
a) Where establishments, vehicles,
and households subject to temporary suspension fail to rectify upon expiry of
temporary suspension, the establishments, vehicles, and households shall be
suspended. Such suspension shall conform to Article 17 of Decree No.
136/2020/ND-CP, amended by Clause 9 Article 1 of Decree No. 50/2024/ND-CP;
b) Resumption of operation of
establishments, vehicles, and households that are previously subject to
temporary suspension or suspension shall conform to Article 18 of Decree No.
136/2020/ND-CP, amended by Clause 10 Article 1 of Decree No. 50/2024/ND-CP.
Article 47.
Responsibility for implementation
Ministers, heads of ministerial
agencies, heads of Governmental agencies, Chairpersons of People’s Committees
of all levels, and relevant agencies, organizations, individuals are
responsible for the implementation of this Decree.
ON
BEHALF OF GOVERNMENT
PRIME MINISTER
Pham Minh Chinh
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LIST OF ESTABLISHMENTS UNDER FIRE PREVENTION AND
FIREFIGHTING MANAGEMENT
(Attached to Decree No. 105/2025/ND-CP dated May 15, 2025 of the Government)
Establishments under fire
prevention and firefighting management are establishments under Clause 7
Article 2 of the Law on Fire and Rescue, including:
1. Apartment buildings, tenements.
2. Kindergartens; preschools;
kindergartens; primary schools; lower secondary schools; upper secondary
schools; multi-level secondary schools; universities, colleges; professional
intermediate education institutions; vocational education and training
facilities; technician training facilities; other education institutions in
accordance with education laws.
3. Aerospace research facilities,
field-specific data centers, other field-specific research facilities of 2
storeys or higher or of total floor are of 300 m2 or higher.
4. Clinics (general or specialty),
health stations, maternity wards, disease prevention and control facilities,
medical research and test facilities, sanitarium, rehabilitation, orthopaedic,
nursing homes, and other medical facilities in accordance with the Law on
Medical Examination and Treatment of 2 storeys or higher or of total floor area
of 50 m2 or higher.
5. Indoor stadiums, sports training
facilities, swimming pools, sports fields where bleachers are employed; racing
tracks, shooting ranges; other sports facilities established in accordance with
the Law on Sports of 2 storeys or higher or of total floor area of 50 m2 or
higher.
6. Theaters, cinemas, circuses.
7. Conference centers; museums;
libraries; exhibits; galleries; cultural houses of a seating capacity of 100
seats or higher.
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9. Religious establishments;
worshipping facilities (other than ancestor shrines) of 2 storeys or higher or
of total floor area of 100 m2 or higher; cultural - historical
heritages of provincial level or higher.
10. Markets; shopping malls;
supermarkets.
11. Food and drink service
establishments, other service establishments as per the law with total service
area of 100 m2 or higher.
12. Trading establishments for
combustible goods of a total service area of 30 m2 or higher;
trading establishments for hardly combustible or non-combustible goods contained
in combustible packaging of a total service area of 300 m2 or
higher.
13. Gas trading establishments,
petroleum refilling stations.
14. Hotels, motels, hostels;
accommodations, other accommodation establishments of 2 storeys or higher or of
total floor area of 50 m2 or higher.
15. Post offices; postal offices,
other post and telecommunication service providers of 3 storeys or higher or of
total floor area of 100 m2 or higher.
16. Headquarters of state
authorities, headquarters, office buildings of enterprises, political, social
organizations of 2 storeys or higher with floor area of 100 m2 or
higher.
17. Multi-purpose or mixed-use
buildings of 2 storeys or higher and total floor area of 100 m2 or
higher other than those incorporating manufacturing, mercantile occupancies.
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19. Power plants; electrical
substation of 110 kV in voltage or higher.
20. Manufacturing facilities of
explosive materials, industrial explosive precursors, weapons, combat gears;
permanent storage units of explosive materials, industrial explosive
precursors, weapons, combat gears.
21. Industrial manufacturing
facilities with fire risk class A or B manufacturing buildings; industrial
manufacturing facilities with fire risk class C manufacturing buildings; industrial
facilities with fire risk class D or E manufacturing buildings of a total
volume of 2.500 m3 or higher or total floor area of 500 m2
or higher.
22. National storage facilities;
storage units of fire risk class A or B; storage units of fire risk class C;
storage units of fire risk class D or E of total volume of 2.500 m3
or higher or total floor area of 500 m2.
23. Automobile and motorcycle
parking garages, automobile and motorcycle exhibits of a total area of 100 m2
or higher.
24. Water treatment plants, waste
treatment facilities.
25. Airport passenger terminals,
diplomatic guest houses, cargo terminals; hangars; air control towers.
26. Inland waterway ports, docks;
sea ports; fishing ports; dry ports.
27. Coach stations; vehicle
inspection stations; roadside stations; automobile tunnels of a length of 500 m
or higher.
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29. Road vehicle maintenance and
service facilities of a total floor area of 100 m2 or higher; inland waterway
watercraft and sea vessel repair facilities.
30. Nuclear facilities.
31. Social support facilities of 2
storeys or higher or of total floor area of 100 m2 or higher.
32. Houses incorporating
manufacturing and mercantile occupancies of total manufacturing, service area
of 50 m2 or higher.
33. Storage yards of combustible
goods, materials, and wastes of a total area of 500 m2 or higher.
34. Technical infrastructures of
urban areas, industrial parks, industrial complexes, tourist attractions,
research and training sections, sports sections./.
APPENDIX II
LIST OF ESTABLISHMENTS WITH RISK OF CONFLAGRATION
(Attached to Decree No. 105/2025/ND-CP dated May 15, 2025 of the Government)
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No.
Type
of establishments
Class
1
Class
2
1
Apartment building, tenement
7 storeys or higher or total
floor area of 3.000 m2 or higher
5 storeys to less than 7 storeys
or 1.000 m2 to less than 3.000 m2 of floor area
2
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150 children or more or total
floor area of 2.000 m2 or higher
50 to less than 150 children or
500 m2 to less than 2.000 m2 of floor area
3
Primary school; lower secondary
school; upper secondary school; multi-level secondary school; university,
college; professional intermediate education institution; vocational
education and training facility; technician training facility; other
education institution in accordance with education laws; aerospace research
facility, field-specific data center, other field-specific research facility
5 storeys or higher or total
floor area of 3.000 m2 or higher
3 storeys to less than 5 storeys
or 1.500 m2 to less than 3.000 m2 of floor area
4
Hospital
250 hospital beds or more
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5
Clinic (general or specialty),
health station, maternity ward, disease prevention and control facility,
medical research and test facility, sanitarium, rehabilitation, orthopaedic,
nursing home, and other medical facility in accordance with the Law on
Medical Examination and Treatment
5 storeys or higher or total
floor area of 2.000 m2 or higher
3 storeys to less than 5 storeys
or 300 m2 to less than 2.000 m2 of floor area
6
Stadium
5.000 seats in bleacher capacity
or higher
2.000 to less than 5.000 seats in
bleacher capacity
7
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5.000 seats or higher or total
floor area of 5.000 m2 or higher
1.000 to less than 5.000 seats or
1.000 m2 to less than 5.000 m2 of total floor area
8
Theater, cinema, circus
300 seats or higher
Less than 300 seats
9
Conference center; museum;
library; exhibit; gallery
5 storeys or higher or total
floor area of 3.000 m2 or higher
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10
Aquarium, karaoke and discotheque
service establishment; recreational service establishment; art and other
cultural activity performance establishment
4 storeys or higher or total
floor area of 1.000 m2 or higher
2 storeys to less than 4 storeys
or 300 m2 to less than 1.000 m2 of total floor area
11
Religious establishment;
worshipping facility (other than ancestor shrine)
3.000 m2 of total floor
area or higher
500 m2 to less than
3.000 m2 of total floor area
12
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Special national class
National class
13
Market; shopping mall;
supermarket
2.000 m2 of total floor area or
higher
300 m2 to less than
2.000 m2 of total floor area
14
Food and drink service
establishment, other service establishment as per the law
3.000 m2 of total
floor area or higher
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15
Trading establishment for
combustible goods
3.000 m2 of total
floor area or higher
200 m2 to less than
3.000 m2 of total floor area
16
Trading establishment for hardly
combustible or non-combustible goods contained in combustible packaging
5.000 m2 of total
floor area or higher
1.000 m2 to less than
5.000 m2 of total floor area
17
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Exceeding 500 kg of total gas
quantity in store
-
18
Petroleum station
Regardless of size
-
19
Hotel, motel, hostel;
accommodation, other accommodation establishment
7 storeys or higher or total
floor area of 3.000 m2 or higher
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20
Post office; postal office, other
post and telecommunication service provider
7 storeys or higher or total
floor area of 3.000 m2 or higher
3 storeys to less than 7 storeys
or 500 m2 to less than 3.000 m2 of floor area
21
Headquarters of state authority,
headquarters, office building of enterprise, political, social organization
7 storeys or higher or total
floor area of 3.000 m2 or higher
3 storeys to less than 7 storeys
or 500 m2 to less than 3.000 m2 of floor area
22
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7 storeys or higher or total
floor area of 3.000 m2 or higher
3 storeys to less than 7 storeys
or 500 m2 to less than 3.000 m2 of floor area
23
Oil refinery; oil petrochemical
factory; oil petrochemical and refinery; gas processing plant; biofuel
manufacturing plant; petroleum and petroleum product storage unit; liquefied
gas storage unit; liquefied gas filling station; gas distribution station
Regardless of size
-
24
Power plant
Regardless of size
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25
Electrical substation of 110 kV
in voltage or higher
500 kV
110 kV and 220 kV
26
Manufacturing facility of
explosive materials, industrial explosive precursors, weapons, combat gears;
permanent storage unit of explosive materials, industrial explosive
precursors, weapons, combat gears
Regardless of size
-
27
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7.000 m3 of volume or
higher or 1.000 m2 of total floor area or higher
Less than 7.000 m3 of
volume or less than 1.000 m2 of total floor area
28
Industrial facility with
manufacturing buildings classified under fire risk class C
15.000 m3 of volume or
higher or 2.000 m2 of total floor area or higher
Less than 15.000 m3 of
volume or less than 2.000 m2 of total floor area
29
Industrial facility with
manufacturing buildings classified under fire risk class D, E
30.000 m3 of volume or
higher or 10.000 m2 of total floor area or higher
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30
Goods storage unit of fire risk
class A, B; goods storage unit of fire risk class C
2.000 m2 of total
floor area or higher
200 m2 to less than
2.000 m2 of total floor area
31
National storage
Regardless of size
-
32
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-
5.000 m3 of volume or
higher or 1.000 m2 of total floor area or higher
33
Automobile, motorcycle parking
garage, automobile, motorcycle exhibit
2.000 m2 of total
floor area or higher
500 m2 to less than
2.000 m2 of total floor area
34
Water treatment plant, waste
treatment facility
Regardless of size
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35
Airport passenger terminal,
diplomatic guest house, cargo terminal; hangar; air control tower
Regardless of size
-
36
Inland waterway port, dock; sea
port
Associated to Class IIII
structure or higher in accordance with construction laws
-
37
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Regardless of size
-
38
Fishing port
Type I
Type II
39
Coach station; vehicle inspection
facility; roadside station
3.000 m2 of total
floor area or higher
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40
Railroad passenger terminal,
cargo terminal, depot; aerial aerial gondola terminal; urban railroad
passenger terminal and depot
3.000 m2 of total
floor area or higher
300 m2 to less than
3.000 m2 of total floor area
41
Automobile road tunnel, railroad
tunnel, urban railroad tunnel
1.000 m in length or higher
500 m to less than 1.000 m in
length
42
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3.000 m2 of total
floor area or higher
500 m2 to less than
3.000 m2 of total floor area
43
Waterway watercraft and sea
vessel repair facility
3.000 m2 of total
floor area or higher
1.000 m2 to less than
3.000 m2 of total floor area
44
Nuclear facility
Regardless of size
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45
Social support facility
3 storeys or higher or total
floor area of 300 m2 or higher
-
46
Residential building incorporating
manufacturing, mercantile occupancy
-
200 m2 in floor area
for manufacturing, mercantile or higher
47
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75 ha or higher
Less than 75 ha
APPENDIX III
LIST OF STRUCTURES AND VEHICLES REQUIRED TO UNDERGO FIRE
PREVENTION AND FIREFIGHTING DESIGN INSPECTION CONDUCTED BY FIELD-SPECIFIC
AUTHORITIES.
(Attached
to Decree No. 105/2025/ND-CP dated May 5, 2025 of the Government)
Where structures below are
designed, renovated, repurposed and where vehicles below are manufactured,
assembled, built, modified, the structures and vehicles must undergo fire
prevention and firefighting design inspection:
1. Residential buildings: apartment
buildings, tenements of 7 storeys or higher or total floor area of 3.000 m2
or higher.
2. Education, training, research
facilities:
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3. Medical establishments:
Standalone or combination
structures for medical examination, treatment in: hospitals, clinics (general
or specialty), health stations, maternity wards, disease prevention and control
facilities, medical research and test facilities, sanitarium, rehabilitation,
orthopaedic, nursing homes, and other medical facilities of 5 storeys or higher
or total floor area of 2.000 m2 or higher.
4. Sports structures: stadiums of
bleacher seating capacity of 5.000 seats or higher; indoor stadiums, sports
training facilities of bleacher seating capacity of 5.000 seats or higher or
total floor area of 5.000 m2 or higher.
5. Cultural structures: theaters,
cinemas, circuses of 300 seats or higher; conference centers, cultural houses,
museums, libraries, galleries, exhibits of 5 storeys or higher or total floor
area of 3.000 m2 or higher; recreational structures, discotheque,
karaoke venues, other cultural structures of 4 storeys or higher or total floor
area of 1.000 m2 or higher.
6. Mercantile structures: shopping
malls, supermarkets, markets, trading establishments of combustible goods of
total floor area of 2.000 m2 or higher; restaurants and diners of
total floor area of 3.000 m2 or higher.
7. Structures of 7 storeys or
higher or total floor area of 3.000 m2 or higher include:
a) Hotels, guesthouses, motels, and
other accommodation service providers;
b) Post offices; postal offices,
other post and telecommunication service providers;
c) Office buildings, workplace.
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9. Standalone or combination
structures or technology sequences for manufacturing of products used in
investment projects for:
a) Oil refineries; oil
petrochemical factories; oil petrochemical and refineries; gas processing
plants; biofuel manufacturing plants; petroleum and petroleum product storage
units; liquefied gas storage units; liquefied gas filling stations; gas
distribution stations; internal gas filling stations with 1 pump unit or more;
b) Power plants; electrical
substations of 110 kV in voltage or higher;
c) Manufacturing facility of
explosive materials, industrial explosive precursors, weapons, combat gears;
permanent storage unit of explosive materials, industrial explosive precursors,
weapons, combat gears;
d) Other industrial manufacturing
facilities where manufacturing buildings are classified under fire risk class A
or B with 7.000 m3 in volume or higher or 1.000 m2 in
total floor area or higher; industrial manufacturing facilities where
manufacturing buildings are classified under fire risk class C with 15.000 m3
in volume or higher or 2.000 m2 in total floor area or higher;
industrial manufacturing facilities where manufacturing buildings are
classified under fire risk class D or E with 30.000 m3 in volume or
higher or 10.000 m2 in total floor area or higher.
10. Goods storage units of fire
risk class A or B or C with 15.000 m3 in total volume or higher or
2.000 m2 in total floor area or higher.
11. Technical infrastructures of
urban areas, industrial parks, industrial complexes, tourist attractions,
research and training sections, sports sections.
12. Automobile and motorcycle
parking garages, automobile and motorcycle exhibits with 2.000 m2 in
total floor area or higher.
13. Airport passenger terminals,
guesthouses for foreign affairs, airport cargo terminals, hangars, air traffic
control towers; inland waterway ports and docks, sea ports of class III or
higher; coach stations, vehicle registration centers, roadside stations, road
vehicle maintenance and service stations, inland waterway watercraft and sea
vessel repair stations with 3.000 m2 in total floor area or higher;
railroad passenger terminals, cargo terminals, depots, aerial gondola terminals
with 3.000 m2 in total floor area or higher.
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15. Structures affiliated to
nuclear facilities.
16. Vehicles manufactured,
assembled, built, modified for passenger transportation; gasoline, oil,
combustible liquid, combustible gas, explosive materials, chemicals with fire
risks under any circumstance below:
a) Inland waterway watercraft:
- Watercraft capable of
transporting 50 people or higher;
- Watercraft with 500 GT or higher;
- Watercraft of which total
capacity of main engine is 300 horsepower or higher.
b) Vietnamese sea vessels not
operating on international voyages with 500 GT or higher./.
* Note:
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- In respect of investment projects
of which structures are required to undergo fire prevention and firefighting
design inspection, other structures and work items of which fire prevention and
firefighting requirements under Clause 1 Article 16 of the Law on Fire and
Rescue shall also be required to undergo fire prevention and firefighting
design inspection;
- Structure class determined in
accordance with construction laws;
- GT: gross tonnage of watercraft
in accordance with maritime laws.
APPENDIX IV
LIST OF FIRE AND RESCUE FACILITIES AND FIRE-RATED,
FIREPROOF MATERIALS AND STRUCTURAL ELEMENTS
(attached to Decree No. 105/2025/ND-CP dated May 15, 2025 of the Government)
1. Fire and rescue facilities:
1.1. Road fire and rescue
facilities:
a) Fire engines, fire engines with
and without tanks; airport fire engines; wildland fire engines; chemical fire
engines (powder, foaming agent, gas); tunnel fire engines; fire trains;
amphibious fire engines;
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c) Aircraft for firefighting;
helicopters for firefighting and rescue; unmanned aerial vehicles for
firefighting and rescue; ships for firefighting; motorboats for firefighting
and rescue; canoes for firefighting and rescue; robots for firefighting and
rescue; motorcycles for firefighting;
d) Fire pumps of all types; pumps
of specialized systems installed on fire engines;
dd) Other motor facilities for
firefighting and rescue: fresh air replenishment devices; shoulder-mounted
motorized firefighting facilities; equipment for cutting, drilling, hammering,
breaching, winching, pulling, prying, jacking, lifting (engines involved);
vegetation cutters; electricity generators; smoke ejectors; fans.
1.2. Common firefighting
facilities: fire hose, reels; fire nozzles; adapters; three-way fire department
connection; two-way fire department connection; ejectors; fire hydrants;
standpipes; fire ladders; fire extinguishers.
1.3. Fire extinguishants of all
types: water-based extinguishant chemicals; extinguishing powder; extinguishing
gas; extinguishing foaming agent.
1.4. Standalone fire alarm;
equipment within fire alarm system: central fire alarm control panels; fire
detectors; fire alarm transmission devices; modules of all types; fire alarm
sirens; fire alarm lights; manual call points.
1.5. Equipment within speaker and
egress guidance system: sound system control devices; microphones; signal
transmission devices; speakers.
1.6. Equipment within firefighting
(gases, aerosol, water, powder, foam, water-based extinguishant) system: fire
control panel; sirens, alarm, lights, display panels of extinguishant discharge
warning; alarm valves; deluge valves; butterfly valves; zoning valves; pressure
switches; flow switches; non-metal pipes in automatic water supply system for
firefighting; flexible pipes for fire hose; fire department connections; fire
extinguishant outlets; gas, aerosol, powder, foam, water-based extinguishant
canisters, cylinders, and other containers.
1.7. Emergency and egress lights,
guiding devices.
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1.9. Human rescue devices: rescue
ropes; rescue lanyards and straps; inflatable mattresses; fire ladders, fire
escape chutes; human searching devices.
1.10. Rescue devices: at heights;
underwater; in confined spaces; chemical incidents (clothing, headwear, shoes,
boots, gloves, respiration devices, chemical analyzers, accessories); radiation
hazards (clothing, headwear, shoes, boots, gloves, respiration devices,
radiation gauges, accessories); equipment for providing initial medical care.
1.11. Simple breaching devices:
pliers; saws; hammers; axes; hoes; spades; crowbars; muti-purpose breaching
tools.
1.12. Communication devices for
firefighting and rescue: walkie-talkies; devices of wired communication system;
devices of wireless communication system; monitoring devices for firefighting.
2. Fire-rated, fireproof structures
and elements: fire-rated materials; fire-rated doors; fire-rated partitions;
fire curtains; air curtains; fireproof materials./.
APPENDIX V
LIST OF FIRE AND RESCUE FACILITIES, FIRE-RATED,
FIREPROOF MATERIALS AND STRUCTURAL ELEMENTS TO BE LICENSED FOR CIRCULATION
(Attached to Decree No. 105/2025/ND-CP dated May 15, 2025 of the Government)
1. Fire and rescue facilities:
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b) Common firefighting facilities:
hoses, nozzles; outlets; fire hydrants; fire extinguishers of all types;
c) Fire extinguishants of all
types: water-based extinguishant chemicals; extinguishing powder; extinguishing
gas; extinguishing foaming agent;
d) Devices within fire alarm
system: central fire control panels; fire alarms of all types; fire alarms;
fire alarm lights; manual call points;
dd) Equipment within firefighting
(gases, aerosol, water, powder, foam, water-based extinguishant) system: fire
control panel; sirens, alarm, lights, display panels of extinguishant discharge
warning; alarm valves; deluge valves; butterfly valves; zoning valves; pressure
switches; flow switches; non-metal pipes in automatic water supply system for
firefighting; flexible pipes for fire hose; fire department connections; fire
extinguishant outlets; gas, aerosol, powder, foam, water-based extinguishant
canisters, cylinders;
e) Exit light, emergency light;
g) Filter masks; self-contained
breathing apparatus.
2. Fire-rated, fireproof structures
and elements: fire-rated materials; fire-rated doors; fire-rated partitions;
fire curtains; air curtains; fireproof materials./.
APPENDIX VI
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I.
INSURANCE PREMIUMS (VAT NOT INCLUDED)
1.
In respect of establishments with risk of conflagration (other than
nuclear facilities) under Appendix VII attached hereto, minimum insurance
premiums shall be determined by minimum insurance payout multiplied by minimum
insurance rate. Depending on types of
individual establishments with risk of conflagration, insurers and insured
shall negotiate insurance premium rate not lower than minimum insurance
premiums below:
No.
Type
of establishment with risk of conflagration
Deductibles
(type)
Minimum
insurance premium rate/year (%)
1
Headquarters of state
authorities, headquarters, office buildings of enterprises, political, social
organizations of 3 storeys or higher with floor area of 500 m2 or
higher
M
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2
Apartment buildings, tenements of
5 storeys or higher or total floor area of 1.000 m2 or higher
Multi-purpose or mixed-use
buildings incorporating manufacturing, mercantile occupancies and of 3
storeys or higher and total floor area of 500 m2 or higher
2.1
Apartment buildings, tenements,
multi-purpose or mixed-used buildings other than those incorporating
manufacturing, mercantile occupancies and outfitted with automatic sprinkler
system
M
0,05
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Apartment buildings, tenements,
multi-purpose or mixed-used buildings other than those incorporating
manufacturing, mercantile occupancies and not outfitted with automatic
sprinkler system
M
0,1
3
Kindergartens, preschools
accommodating 50 children or more or of total floor area of 500 m2
or higher
M
0,05
4
Primary schools, lower secondary
schools, upper secondary schools, multi-grade secondary schools,
universities, colleges, professional intermediate education institutions,
vocational education and training facilities, technical personnel training
facilities; other education facilities in accordance with education laws of 3
storeys or higher or of total floor area of 1.500 m2 or higher
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0,05
5
Aerospace research facilities,
field-specific data centers, other field-specific research facilities of 3
storeys or higher or of total floor are of 1.500 m2 or higher
M
0,05
6
Hospital
M
0,05
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Clinics (general or specialty),
health stations, maternity wards, disease prevention and control facilities,
medical research and test facilities, sanitarium, rehabilitation,
orthopaedic, nursing homes, and other medical facilities in accordance with
the Law on Medical Examination and Treatment of 3 storeys or higher or of
total floor area of 300 m2 or higher
M
0,05
8
Social support facilities of 3
storeys or higher or of total floor area of 300 m2 or higher
M
0,05
9
Karaoke and discotheque service
establishments; recreational service establishments; art and other cultural
activity performance establishments of 2 storeys or higher or of total floor
area of 300 m2 or higher
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0,4
10
Aquariums of 2 storeys or higher
or of total floor area of 300 m2 or higher
M
0,05
11
Theaters, cinemas, circuses
M
0,1
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Stadiums with bleachers of 2.000
in seating capacity or higher
M
0,06
13
Indoor stadiums, sport training
facilities, swimming pools, sport fields where bleachers are employed; racing
tracks, shooting ranges; other sports facilities established in accordance
with the Law on Sports with 1.000 in seating capacity or higher or of total
floor area of 1.000 m2 or higher
M
0,06
14
Markets; shopping malls;
supermarkets of total floor area of 300 m2 or higher
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14.1
Markets
N
0,5
14.2
Shopping malls
M
0,06
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Supermarkets
M
0,08
14.4
Food and drink service
establishments, other service establishments as per the law of total floor
area of 300 m2 or higher
M
0,15
15
Mercantile establishments trading
combustible commodities of total floor area of 200 m2 or higher
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0,08
16
Mercantile establishments trading
hardly combustible or non-combustible commodities contained in combustible
packaging of total floor area of 1.000 m2 or higher
M
0,1
17
Mercantile establishments trading
gas of storage quantities of exceeding 500 kg
N
0,3
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Petroleum stations
N
0,3
19
Hotels, motels, hostels;
accommodations, other accommodation establishments of 3 storeys or higher or
of total floor area of 500 m2 or higher
19.1
Hotels, motels, hostels;
accommodations, other accommodation establishments outfitted with automatic
sprinkler system
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0,05
19.2
Hotels, motels, hostels;
accommodations, other accommodation establishments not outfitted with automatic
sprinkler system
M
0,1
20
Post offices; postal offices,
other post and telecommunication service providers of 3 storeys or higher or
of total floor area of 500 m2 or higher
M
0,075
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Oil refineries; oil petrochemical
factories; oil petrochemical and refineries; gas processing plants; biofuel
manufacturing plants; petroleum and petroleum product storage units;
liquefied gas storage units; liquefied gas filling stations; gas distribution
stations
21.1
Oil refineries; oil petrochemical
factories; oil petrochemical and refineries; gas processing plants; biofuel
manufacturing plants
N
0,35
21.2
Petroleum and petroleum product
storage units; liquefied gas storage units; liquefied gas transferring
stations; gas distribution stations
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0,3
22
Power plants; electrical
substation of 100 kV in voltage or higher
22.1
Thermal power plants,
waste-to-energy power plants, land-based solar power plants
N
0,15
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Hydroelectricity plants,
pumped-storage hydroelectricity plants; geothermal power plants, tidal
hydroelectricity plants, biomass power plants, biogas power plants,
co-generation power plants, and other power plants
N
0,12
22.3
Off-shore wind power plants,
flotation solar power plants
N
0,5
22.4
Land-based wind power plants
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0,35
22.5
Electrical substations of 110 kV
in voltage or higher
N
0,2
23
Manufacturing facilities of
explosive materials, industrial explosive precursors, weapons, combat gears;
permanent storage units of explosive materials, industrial explosive precursors,
weapons, combat gears
N
0,5
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Conference centers; museums;
libraries; exhibits; galleries
24.1
Libraries, museums, exhibits of 3
storeys or higher or total floor area of 500 m2 or higher
M
0,075
24.2
Galleries of 3 storeys or higher
or total floor area of 500 m2 or higher
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0,12
24.3
Conference centers of 3 storeys
or higher or total floor area of 500 m2 or higher
M
0,1
25
Fishing ports of class II or
higher
M
0,1
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Inland waterway ports, ports
affiliated to structures of class III or higher in accordance with
construction laws
M
0,1
27
Coach stations; vehicle
inspection facilities; roadside stations
M
0,1
28
Dry ports
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0,1
29
Aerial gondola lifts
M
0,1
30
Railway passenger terminals,
cargo depots
N
0,12
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Airport passenger terminals,
diplomatic guest houses, cargo terminals; hangars; air control towers
M
0,08
Road, railway, urban railway
tunnels of 500 m in length or more
N
0,12
32
Motor vehicle service and
maintenance stations of total floor area of 500 m2 or higher;
inland waterway watercraft and sea vessel service and maintenance stations of
total floor area of 1.000 m2 or higher
N
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33
Automobile, motorcycle parking
garages, exhibits of total floor area of 500 m2 or higher
N
0,12
34
Water treatment plants, waste
treatment facilities
N
0,12
35
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Industrial facilities with
manufacturing buildings classified under fire risk class C
Industrial facilities with
manufacturing buildings classified under fire risk class D or E of total
volume of 5.000 m3 or higher or of total floor area of 1.000 m2
or higher.
35.1
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N
0,2
Rubber vulcanizer plants
N
0,2
Handicraft manufacturing
N
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Engraving, carving (making broom,
brushes, paintbrushes, other than wood processing)
N
0,2
Ore processing (other than iron
ore)
N
0,2
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N
0,2
Metal ore production
N
0,2
Textile waste processing (such as
segregating, cleaning, combing, trading)
N
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Leather goods manufacturing
N
0,2
Rubber band manufacturing
N
0,2
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N
0,2
Brush manufacturing
N
0,2
Paint manufacturing
N
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Inorganic and organic chemical
plants for manufacturing ingredients and semi-finished products such as
fertilizer pellets, grains, powder or acid, salts, solutions, synthetic
rubber
N
0,2
Raincoat, sheet plastic, table
linen, plastic packaging
N
0,2
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N
0,2
Molded plastic, bar plastic
manufacturing
N
0,2
Bottle cap manufacturing
N
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Soap and cosmetics manufacturing
N
0,2
Assembly plastic product
manufacturing
N
0,2
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N
0,2
Rubber product manufacturing
N
0,2
Artificial flower manufacturing
N
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Printing (excluding paper
manufacturing, paper processing)
N
0,2
Printing ink manufacturing
N
0,2
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N
0,2
Tobacco and tobacco ingredient
manufacturing
N
0,2
Mixed fertilizer manufacturing
N
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Waste incinerating
N
0,2
Paint workshop
N
0,2
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N
0,2
Alcohol and other combustible
liquid manufacturing (other than petroleum, gas)
N
0,2
Battery manufacturing
N
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Painting, photo editing,
advertising panel making
N
0,2
Funeral/cremation organizing
N
0,2
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N
0,2
Ship building and repair
N
0,2
Aircraft service and maintenance
N
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b) Textile manufacturing
N
0,25
Where:
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N
0,25
Rope manufacturing other than
sewing needle manufacturing (where ropes are not coated with plastic or
asphalt)
N
0,25
Knitting
N
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Fur processing and sewing
N
0,25
Fabric dyeing and printing
N
0,25
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N
0,25
Thread weaving and spinning
N
0,25
Carpet and floor covering
manufacturing
N
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Sewing thread manufacturing
N
0,25
Washing, ironing, bleaching,
steaming, dyeing
N
0,25
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N
0,25
Clothing manufacturing
N
0,25
Other unclassified textile
product manufacturing
N
...
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Silk manufacturing
N
0,25
Silk, wool, synthetic fabric
weaving
N
0,25
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N
0,25
c) Wood manufacturing
N
0,5
Where:
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Firewood manufacturing
N
0,5
Wooden pencil manufacturing
N
0,5
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N
0,5
Matchstick, incense, and joss
paper manufacturing
N
0,5
Wooden item manufacturing
N
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d) Shoe manufacturing
N
0,35
dd) Paper, carton packaging,
industrial paper packaging, diaper, sanitary towel, and Styrofoam
manufacturing, processing
N
0,35
35.2
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M
0,15
Iron and steel manufacturing
M
0,15
Other ore processing and
manufacturing
M
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Asphalt or bitumen processing
(gravel, chippings, bitumen-mixed slags)
M
0,15
Mineral processing (milling, grinding,
polishing)
M
0,15
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M
0,15
Film making studio, film
processing room
M
0,15
Photographic material
manufacturing
M
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Rice, wheat, agricultural product
polishing and milling
M
0,15
Cattle feed and other foodstuff
manufacturing
M
0,15
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M
0,15
Sugar mills
M
0,15
Confectionery manufacturing
M
...
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Cooking oil manufacturing
M
0,15
Fish sauce and vinegar
manufacturing
M
0,15
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M
0,15
Malt manufacturing
M
0,15
Beer, alcohol, fruit juice,
mineral water, drinking water manufacturing and beer factories
M
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Welding and cutting workshops
M
0,15
Common and high-grade ceramic
ware manufacturing such as tiles, ceramic items, baked clays, etc.
M
0,15
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M
0,15
Cement manufacturing
M
0,15
Electrical appliance
manufacturing
M
...
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Metal structure and fabricated element
manufacturing
M
0,15
Metal container manufacturing
M
0,15
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M
0,15
Water treatment
M
0,15
Solid waste treatment (not using
incineration)
M
...
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Water filter manufacturing
M
0,15
Clock manufacturing
M
0,15
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M
0,15
Mechanical equipment
manufacturing
M
0,15
Automobile, bicycle, motorcycle
part and other part manufacturing
M
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Automobile, motorcycle, electric
vehicle, etc. manufacturing and assembling
M
0,15
Gold, silver, and jewelry
manufacturing and processing
M
0,15
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M
0,15
Optical cable and copper cable
manufacturing
M
0,15
Aircraft part manufacturing
M
...
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Ball bearing and washer
manufacturing
M
0,15
Metal zipper manufacturing
M
0,15
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M
0,15
36
National storage
Storage units of goods classified
under fire risk class A or B, storage units of goods classified under fire
risk class C of total floor area of 200 m2 or higher
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36.1
a) National storage units,
storage units of goods classified under fire risk class A or B, storage units
of goods classified under fire risk class C or of total floor area of 200 m2
or higher (other than storage units of fabric, linen, woven products; paper,
packaging, carton; wood and wood products)
(Standalone storage units,
outside of manufacturing facilities, establishments), in which:
N
0,2
General goods storage units,
goods depots
...
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0,2
Asphalt storage units
N
0,2
Paint storage units
N
0,2
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Chemical storage units
N
0,2
Plastic, rubber product and
semi-finished product storage units
N
0,2
Alcoholic liquor and flammable
substance storage units
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0,2
Essence oil, fragrance, cooking
oil storage units
N
0,2
Tobacco industry storage units
N
0,2
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Pharmaceuticals storage units
N
0,2
Photography material storage
units
N
0,2
Electric and electronic appliance
storage units
...
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0,2
Agricultural product storage
units
N
0,2
Refrigerated storage units
N
0,2
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Construction material storage
units
N
0,2
b) Fabric, linen, and textile
product storage units
(Standalone storage units,
outside of manufacturing facilities, establishments)
N
0,25
...
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(Standalone storage units,
outside of manufacturing facilities, establishments)
N
0,35
d) Wood and wood product storage
units
(Standalone storage units,
outside of manufacturing facilities, establishments)
N
0,5
36.2
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M
0,1
Tile, ceramic ware, cement,
gypsum
M
0,1
Metal, mechanic parts
M
...
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Grease, lubricant oil
M
0,1
Mineral water and beverages
M
0,1
37
...
...
...
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N
0,15
Where insurance term is not 1 year,
insurance premiums shall be calculated on the basis of the aforementioned
premiums and the corresponding insurance term. Formula:
Insurance
premiums payable
=
Yearly
insurance premiums based on list of facilities with risk of conflagration
x
Insurance
term (days)
365
(days)
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M, N indicate type of insurance
deductibles under Clause 1 Section II hereof.
In respect of industrial facilities
classified under fire risk class A, B, C, D, and E (group 35): where fire risk
classification of industrial manufacturing facilities according to record of
inspection of fire prevention and firefighting commissioning or record of fire
prevention and firefighting inspection differs from details provided under
group 35, the record of inspection of fire prevention and firefighting
commissioning or record of fire prevention and firefighting inspection shall
prevail.
2. In respect of establishments
with risk of conflagration where total insurance payout of all assets at a
location is 1.000 billion VND or higher (other than nuclear facilities):
conform to Clause 2 Article 26 of Decree No. 67/2023/ND-CP.
3. In respect of nuclear
facilities: conform to Clause 3 Article 26 of Decree No. 67/2023/ND-CP.
II. INSURANCE DEDUCTIBLE
1. In respect of establishments
with risk of conflagration (other than nuclear facilities):
a) In respect of establishments
with risk of conflagration under M category according to Clause 1 Section I
hereof: maximum insurance deductibles shall equal 1% the insurance payout and
not be lower than insurance deductibles specified under Point c of this Clause;
b) In respect of establishments
with risk of conflagration under N category according to Clause 1 Section I hereof:
maximum insurance deductibles shall equal 10% the insurance payout and not be
lower than insurance deductibles specified under Point c of this Clause;
c) In any case, insurance
deductibles under Points a and b of this Clause shall not be lower than deductibles
below:
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Insurance
payout
Insurance
deductible
Up to 2.000
From exceeding 2.000 to 10.000
From exceeding 10.000 to 50.000
From exceeding 50.000 to 100.000
From exceeding 100.000 to 200.000
Exceeding 200.000
4
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20
40
60
100
2. In respect of establishments
with risk of conflagration where total insurance payout of all assets at a
location is 1.000 billion VND or higher (other than nuclear facilities):
conform to Clause 2 Article 26 of Decree No. 67/2023/ND-CP. In any case,
deductibles shall not be lower than deductibles specified under Clause 1
Section II hereof.
3. In respect of nuclear
facilities: conform to Clause 3 Article 26 of Decree No. 67/2023/ND-CP./.
APPENDIX VII
LIST OF ESTABLISHMENTS REQUIRED TO PURCHASE COMPULSORY
FIRE AND EXPLOSION INSURANCE
(Attached to Decree No. 105/2025/ND-CP dated May 15, 2025 of the Government)
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2. Kindergartens, preschools accommodating
50 children or more or of total floor area of 500 m2 or higher.
3. Primary schools, lower secondary
schools, upper secondary schools, multi-grade secondary schools, universities,
colleges, professional intermediate education institutions, vocational
education and training facilities, technical personnel training facilities;
other education facilities in accordance with education laws of 3 storeys or
higher or of total floor area of 1.500 m2 or higher.
4. Hospitals.
5. Clinics (general or specialty),
health stations, maternity wards, disease prevention and control facilities,
medical research and test facilities, sanitarium, rehabilitation, orthopaedic,
nursing homes, and other medical facilities in accordance with the Law on
Medical Examination and Treatment of 3 storeys or higher or of total floor area
of 300 m2 or higher.
6. Stadiums with bleachers of 2.000
in seating capacity or higher.
7. Indoor stadiums, sport training
facilities, swimming pools, sport fields where bleachers are employed; racing
tracks, shooting ranges; other sports facilities established in accordance with
the Law on Sports with 1.000 in seating capacity or higher or of total floor
area of 1.000 m2 or higher.
8. Theaters, cinemas, circuses.
9. Conference centers, museums,
libraries, galleries, and exhibits of 3 storeys or higher or total floor area
of 500 m2 or higher.
10. Aquariums, karaoke and
discotheque service establishments; recreational service establishments; art
and other cultural activity performance establishments of 2 storeys or higher
or of total floor area of 300 m2 or higher.
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12. Food and drink service
establishments, other service establishments as per the law of total floor area
of 300 m2 or higher.
13. Mercantile establishments
trading combustible commodities of total floor area of 200 m2 or
higher.
14. Mercantile establishments
trading hardly combustible or non-combustible commodities contained in
combustible packaging of total floor area of 1.000 m2 or higher.
15. Mercantile establishments
trading gas of storage quantities of exceeding 500 kg.
16. Petroleum stations.
17. Hotels, motels, hostels;
accommodations, other accommodation establishments of 3 storeys or higher or of
total floor area of 500 m2 or higher.
18. Post offices; postal offices,
other post and telecommunication service providers of 3 storeys or higher or of
total floor area of 500 m2 or higher.
19. Headquarters of state
authorities, headquarters, office buildings of enterprises, political, social
organizations of 3 storeys or higher with floor area of 500 m2 or
higher.
20. Multi-purpose or mixed-use
buildings incorporating manufacturing, mercantile occupancies and of 3 storeys
or higher and total floor area of 500 m2 or higher.
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22. Hydroelectricity plants.
23. Electrical substations of 110
kV in voltage or higher.
24. Manufacturing facilities of
explosive materials, industrial explosive precursors, weapons, combat gears;
permanent storage units of explosive materials, industrial explosive
precursors, weapons, combat gears.
25. Industrial facilities with
manufacturing buildings classified under fire risk class A or B.
26. Industrial facilities with
manufacturing buildings classified under fire risk class C.
27. Industrial facilities with
manufacturing buildings classified under fire risk class D or E of total volume
of 5.000 m3 or higher or of total floor area of 1.000 m2
or higher.
28. Goods storage units of fire
risk class A, B, or C and of total floor area of 200 m2 or higher.
29. National storage units.
30. Storage units of goods
classified under fire risk class D or E of volume of 5.000 m3 or
higher or of total floor area of 1.000 m2 or higher.
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32. Water treatment plants, waste
treatment facilities.
33. Airport passenger terminals,
diplomatic guest houses, cargo terminals; hangars; air control towers.
34. Inland waterway ports, ports
affiliated to structures of class III or higher in accordance with construction
laws.
35. Dry ports.
36. Class II fishing ports.
37. Passenger coach stations,
automobile inspection stations, roadside stations of total floor area of 500 m2
or higher.
38. Railway passenger terminals and
cargo depots, aerial gondola terminals, urban railway passenger terminals and
cargo depots of total floor area of 300 m2 or higher.
39. Road, railway, urban railway
tunnels of 500 m in length or more.
40. Motor vehicle service and
maintenance facilities of total floor area of 500 m2 or higher.
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42. Nuclear facilities.
43. Social support facilities of 3
storeys or higher or of total floor area of 300 m2 or higher.
44. Houses incorporating
manufacturing and mercantile occupancies of total manufacturing, service area
of 200 m2 or higher./.