|
THE GOVERNMENT
-------
|
THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
|
|
No. 50/2024/ND-CP
|
Hanoi, May 10, 2024
|
DECREE
ON AMENDMENTS TO DECREE NO.
136/2020/ND-CP DATED NOVEMBER 24, 2020 ON ELABORATION OF THE LAW ON FIRE PREVENTION AND FIGHTING AND THE LAW
ON AMENDMENTS TO LAW ON FIRE PREVENTION AND FIGHTING AND DECREE NO.
83/2017/ND-CP DATED JULY 18, 2017 OF THE GOVERNMENT ON RESCUE OPERATIONS BY
FIRE DEPARTMENTS
Pursuant to the
Law on Government Organization of June 19, 2015; Law on amendments to the Law
on Government Organization and the Law on Organization of Local Governments
dated November 22, 2019;
Pursuant to the Law on People’s Public Security
Force dated November 20, 2018; Law on amendments to the Law on People’s Public
Security Force dated June 22, 2023;
Pursuant to the
Law on Fire Prevention and Fighting dated June 29, 2001; Law on amendments to
the Law on Fire Prevention and Fighting dated November 22, 2013;
At the request
of the Minister of Public Security;
The Government
promulgates a Decree on amendments to Decree No. 136/2020/ND-CP dated November
24, 2020 on elaboration of Fire Prevention and Fighting dated June 29, 2001;
Law on amendments to the Law on Fire Prevention and Fighting dated November 22,
2013 and Decree No. 83/2017/ND-CP dated July 18, 2017 of the Government on
rescue operations by fire departments.
Article 1.
Amendments to certain articles of Decree No. 136/2020/ND-CP dated November 24,
2020 on elaboration of Fire Prevention and Fighting dated June 29, 2001; Law on
amendments to the Law on Fire Prevention and Fighting
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
The facilities the definition of which is provided
for in Clause 3 Article 3 of the 2001 Law on Fire Prevention and Fighting,
which is amended according to Clause 1 Article 1 of the 2013 Law on Amendments
to Law on Fire Prevention and Fighting (hereinafter collectively referred to as
“Law on Fire Prevention and Fighting”), regardless of whether they are
operating, temporarily suspended, or permanently suspended, are subject to fire
safety management.
A regulatory body or an organization may have one
or more than one facility; multiple regulatory bodies and/or organizations may
be located on the premises of one facility.”.
2. Amendment to clause 4
Article 5:
“4. Heads of the facility and the regulatory
body/ies and/or organization(s) located on the premises thereof must ensure
that the fire safety requirements in Clauses 1, 2 and 3 herein are satisfied
before putting the facility to operation and throughout the facility's
operation.
In case multiple regulatory bodies and/or
organizations are located on the premises of one facility, the facility head
shall take charge in managing and maintaining compliance with fire safety
requirements in the whole facility.”.
3. Amendments to clause 2
Article 8:
“2. The motor vehicles subject to special fire
safety requirements mentioned in section 19 in Appendix V enclosed herewith
must comply with the following fire safety requirements and maintain such
compliance:
a) The requirements in Clause 1 herein;
b) The firefighting authority has issued a
certificate of design appraisal and design appraisal document (if any) and
written approval of fire safety commissioning results issued by the police
authority, excluding motor vehicles subject to special fire safety requirements
manufactured or converted for military purpose by national defense facilities;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
4. Amendments to clause 9
Article 9:
“9. Licenses to transport goods posing fire
and explosion hazards may be used across the country and shall remain valid for
no more than 24 months for vehicles transporting goods posing fire and
explosion hazards per a transport plan or agreement within the service life of
the vehicles.”.
5. Amendments to Article
13:
a) Amendments to clause 1:
“1. Construction, renovation, or repurposing of
projects and works and manufacturing or conversion of motor vehicles subject to
special fire safety requirements from all sources of investment funds must
comply with fire prevention and fighting regulations and standards. Construction
design dossiers of projects, works and motor vehicles mentioned in Appendix V
enclosed herewith shall be formulated by units eligible according to
regulations and are subject to fire safety design appraisal.”.
b) Amendments to clause 3:
“3. Fire safety designs of the following
subjects require appraisal:
a) Projects and works which are mentioned in
Appendix V enclosed herewith and the construction, renovation or repurposing of
which leads to one of the following cases: increasing the number of floors or
expansion of fire compartment area; changing the type and location of fire
escape stairs; reducing the number of exits of floors, fire compartments, or
buildings; installing or replacing fire alarm system; installing or replacing
firefighting system; changing the function of the project or work which leads
to higher fire safety requirements for floors, fire compartments, and works;
b) Motor vehicles subject to special fire safety
requirements which are mentioned in Section 19 of Appendix V enclosed herewith
and the manufacturing or conversion of which affects one of the fire safety
conditions provided for in Point c Clause 5 herein.”.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
“4. Components of applications for fire safety
design appraisal:
a) For application for appraisal of technical
design or construction drawing design of a new project or work: Application for
appraisal of fire safety design of investor (using Form No. PC06); construction
investment guidelines as per legal regulations on investment, public
investment, investment in the form of public-private partnership, or written proof
of land use rights of projects or works; cost estimate for construction of
work; technical designs or construction drawing design showing fire safety
requirements mentioned in Article 11 of this Decree;
b) For application for appraisal of technical design
or construction drawing design for renovation, repurposing or adjusted design
of the project or work as prescribed in point b clause 1 Article 14 of this
Decree; Application for appraisal of fire safety design of investor (using Form
No. PC06); cost estimate for construction of the renovated or repurposed part
of the work; technical designs or construction drawing design showing fire
safety requirements mentioned in Article 11 of this Decree;
c) For application for appraisal of technical
design of motor vehicle subject to special fire safety requirements: Application
for appraisal of fire safety design of investor/vehicle owner (using Form No.
PC06); estimated investment in vehicle; technical design showing fire safety
requirements mentioned in Points b and c Clause 1 and Points b, c, d and e
Clause 3 Article 8 herein;
d) Documents included in these applications shall
be the authentic copy or certified true copy or photocopy submitted together
with its authentic copy for comparison. The design description and drawing must
be certified by the investor/vehicle owner (applicant).”.
d) Amendments to point b clause 5:
“b) For projects and works: compliance with
applicable regulations on the following matters: roads for fire trucks, fire
safety separation distance from surrounding works; fire resistance levels, fire
and explosion hazard classes and purpose-based space division related to fire
prevention and fighting; solutions for fire and fire spread prevention; escape
solutions; smoke dispersion solutions; solutions for supply of power to fire
prevention and fighting system and other technical systems relevant to fire
prevention and fighting; fire alarm and firefighting systems; water supply for
fire fighting; and firefighting and rescue equipment of works;”.
dd) Amendments to clause 11:
“11. Results of fire safety design appraisal:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
For technical designs or construction drawing
designs of renovation or repurposing of works, or adjusted designs, or conversion
of motor vehicles subject to special fire safety requirements: police
authorities shall approve of the fire safety design (using Form No.08) in
writing and stamp the seal of fire safety design appraisal (made using Form No.
PC08) on appraised descriptions and drawings and return these documents to
applicants. Every applicant shall submit a file containing the photocopy or
copy of the application bearing the seal of appraisal to the police authority
carrying out the appraisal for retention purpose according to regulations
before receiving the certificate of fire safety design appraisal unless the
application is submitted online as prescribed in point b clause 6 of this
Article;
b) If police authorities do not announce the
results provided for herein, they shall provide a written explanation and
return the applications to applicants within the time limit prescribed in
Clause 10 herein;”.
e) Amendments to clause 12:
“12. Competence in fire safety design
appraisal:
a) Police Department of Fire Prevention and
Firefighting and Rescue has the power to appraise fire safety designs of
projects and works specified in Appendix Va issued herewith;
b) Fire departments have the power to appraise fire
safety designs of projects and works specified in Appendix Vb issued herewith
in localities under their management, and cases authorized by Police Department
of Fire Prevention and Firefighting and Rescue.”.
6) Amendments to clause 6, Article 14:
6. Responsibilities of police authorities:
a) Appraise the fire safety design in the technical
design or construction drawing design of projects, works and motor vehicles
subject to special fire safety requirements as prescribed in Appendix V
enclosed herewith;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
c) Inspect fire safety during construction of works
included in the list in Appendix V enclosed herewith.”.
7. Amendments to clause 4 Article
15:
“4. The applicant shall submit 01 application
containing the documents mentioned in point d and point e clause 2 of this
Article together with the report on results of construction, inspection,
testing and commissioning of fire prevention and fighting system, equipment and
solutions and an application for inspection of fire safety commissioning
results (using Form No. PC11) to the police authority appraising the fire
safety design in any of the following ways:
a) Directly at the single-window unit of the
competent authority;
b) Online via the public service portal or
administrative procedure processing system of the competent authority
(documents included in state secret lists shall be submitted in compliance with
regulations of laws on state secret protection); e-documents shall be submitted
in compliance with Decree No. 45/2020/ND-CP dated April 8, 2020 of the
Government;
c) By public postal service.”.
8. Amendments to Article
16:
a) Amendments to point c, point dd and
supplementation of point e after point dd clause 2 of Article 16:
“c) Fire safety requirements applicable to
construction works in their construction stages: regulations on fire prevention
and fighting and fire escape signs; regulations on fire safety task assignment
by the investor and construction unit intra vires; duties of personnel in
charge of fire safety; use of power system, electrical equipment,
spark-generating equipment, heat-generating equipment, fire sources and heat
sources; and provision of emergency firefighting equipment appropriate to the
characteristics of the work;”.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
e) Technical infrastructure related to fire
prevention and fighting of urban areas, economic zones, industrial parks,
industrial clusters, export processing zones, and high-tech zones specified in
Article 10 and Article 31 hereof.”.
b) Amendments to point c and point dd clause 3:
a) Chairpersons of commune-level People’s
Committees shall direct and inspect the heads of facilities’ compliance with
fire safety requirements on an annual basis; and ad hoc inspection upon
detection of any of the cases provided for in Points a and b Clause 1 Article
17 herein or a violation against fire safety regulations that can lead to fire
or explosion or for the purpose of security and order preservation as per
instructional documents of the competent authority for facilities included in
the list in Appendix IV enclosed herewith under their management;
dd) Police authorities shall inspect the heads of
facilities’ compliance with fire safety requirements on an annual basis; and ad
hoc inspection upon detection of any of the cases provided for in Points a and
b Clause 1 Article 17 herein or a violation against fire safety regulations
that can lead to fire or explosion or for the purpose of security and order
preservation as per instructional documents of the competent authority for
facilities included in the list in Appendix III enclosed herewith under their
management; and on an annual basis during the construction process for
construction works included in the list in Appendix V enclosed herewith under
their management.”.
c) Amendments to clause 4:
“4. Inspection of fire prevention and fighting
service businesses
After a service business engaging in production and
assembling of fire prevention and fighting equipment or technical fire prevention
and fighting inspection consultancy is granted a certificate of eligibility for
fire prevention and fighting service business, the competent police authority
mentioned in Clause 12 Article 45 herein shall inspect the business on an
annual or ad-hoc basis to determine the business’s compliance with conditions
for fire prevention and fighting service business and maintenance of such
compliance; or upon detection of sign of breaching or misuse of fire prevention
and fighting operations to compromise security or disturb order, which requires
handling at the request of the competent authority.”
d) Amendments to point b clause 5:
“b) For inspection of fire prevention and fighting
service businesses per regulations in Clause 4 herein:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
The competent bodies and individuals shall notify
the specific reason for an ad hoc inspection to the inspected entity. When
carrying out an ad hoc inspection, police officers must present a letter of
introduction from their supervisory body;
Inspected entities must prepare for all notified
inspected matters related to fire prevention and fighting service businesses,
compliance with fire prevention and fighting service requirements as notified,
and assign the competent or responsible person(s) to work with the bodies and
individuals competent in carrying out the inspection.”.
9. Amendments point b,
point c clause 1 and clause 8 Article 17 as follows:
a) Amendments to point b, point c clause 1:
“b) Failure to remedy a serious violation against
fire prevention and fighting regulations after the competent authority has
requested remedy in writing, including: Illegal production, storage, transport,
and use of goods posing fire or explosion hazards; failure to provide a
solution to prevent fire spread between fire compartments and rooms of
industrial facilities classified as fire and explosion hazard levels A, B, and
C; insufficient escape routes as prescribed;
c) Extremely serious violation against fire
prevention and fighting regulations:
Putting a work, work item or motor vehicle subject
to special fire safety requirements according to the list in Appendix V
enclosed herewith into use without a certificate of design appraisal and design
appraisal document or a written approval of fire safety commissioning results
from the competent police authority following their failure to remedy a serious
violation against fire prevention and fighting regulations after the competent
authority has requested remedy in writing;”.
b) Amendments to clause 8:
“8. Competence in temporary suspension and
suspension of operations:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
b) Heads of fire departments, heads of
district-level police authorities have the power to issue decision to
temporarily suspend or suspend a part or the whole operations of facilities,
motor vehicles, households and individuals under their management intra vires,
excluding national defense facilities operating for military purpose and motor
vehicles subject to special fire safety requirements manufactured or converted
for military purpose by national defense facilities;
c) Police officers have the power to temporarily
suspend operations in the cases provided for in Point a Clause 1 herein and
must report to their superiors, who have the power to issue the temporary
suspension decision according to regulations in Point c herein, as soon as
possible.”.
10. Amendments to clause 1
Article 18:
“Heads of fire departments, heads of district-level
police authorities, Presidents of People’s Committee of communes have the power
to resume the temporarily suspended or suspended operation as prescribed in
clause 8 Article 17 hereof.”.
11. Amendments clause 3,
clause 4 and point b clause 10 Article 19:
a) Amendments to clause 3:
“3. Responsibility for firefighting plan
formulation and cooperation in firefighting plan formulation:
a) Chairpersons of commune-level People’s
Committees, heads of facilities requiring fire management, and owners of motor
vehicles subject to special fire safety requirements shall organize formulation
of firefighting plans for residential areas, facilities and vehicles employing
on-site forces and equipment under their management (using Form No. PC17);
b) Heads of fire departments, heads of
district-level police authorities shall organize formulation of police
authority firefighting plans for facilities mentioned in the list in Appendix
II enclosed herewith and residential areas facing high fire and explosion risk
in localities under their fire management (using Form No. PC18).
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
b) Amendments to clause 4:
“4. Application for approval of facility
firefighting plan for facilities mentioned in Appendix III enclosed herewith:
a) Application for approval of facility
firefighting plan (made using Form No. PC19);
b) The facility firefighting plan bearing the
signature and seal of the person in charge of formulation (if any).”.
c) Amendments to point b clause 10:
“b) Police authorities shall organize drills of
their firefighting plans according to the approved plan of the person competent
to mobilize forces and means of regulatory bodies and organizations which are
mobilized in the plan;".
12. Amendments to Article
33:
a) Amendments to clause 5:
“5. Application for certificate of training in
fire prevention and fighting operations includes:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
b) For regulatory bodies, organizations and
facilities requesting the police authority or a provider of training in fire
prevention and fighting operations to provide training: an application for
examination and issuance of the training certificate (made using Form No.
PC22);
c) For individuals wishing to receive training and
apply for the certificate of training in fire prevention and fighting
operations: an application for training, examination and issuance of the
training certificate (made using Form No. PC23).”.
b) Amendments to clause 12:
“12. Time limit for handling of procedures for
issuance and reissuance of the certificate of training in fire prevention and
fighting operations:
a) For providers of training in fire prevention and
fighting operations requesting the police authority to issue the training
certificate: within 05 working days starting from the date of receipt of a
valid application, the police authority shall assess training results of
trainees and issue certificates of training in fire prevention and fighting
operations to trainees who passed the examination (form No. PC35). If the
certificate is rejected, a written explanation shall be provided.
b) For regulatory bodies, organizations, facilities
and individuals requesting the police authority to provide training and issue
the training certificate:
Within 14 working days starting from the date of
receipt of a valid application, the police authority shall provide the training
and issue certificates of training in fire prevention and fighting operations
to trainees who passed the examination (form No. PC35). If the certificate is
rejected, a written explanation shall be provided.
If there are less than 20 registered trainees: the
police authority shall gather trainees, notify them of the training time and
location and assess training results.
c) The certificate of training in fire prevention
and fighting operations shall be reissued within 05 working days starting from
the date of receipt of a valid application. A written explanation must be
provided for rejected applications.”.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
“13. Power to provide training, assess the training
results, and issue certificates of training in fire prevention and fighting
operations:
a) Police Department of Fire Safety, Firefighting
and Rescue shall provide training, assess the training results, and issue
certificates of training in fire prevention and fighting operations for those
who work for ministries, ministerial-level agencies, Governmental agencies,
facilities affiliated to corporations;
b) Fire departments, district-level police
authorities shall provide training, assess the training results, and issue
certificates of training in fire prevention and fighting operations for those
who work for units and facilities and permanent residents in localities under
their management;
c) The certificate of training in fire prevention
and fighting operations is valid throughout the country.”.
13. Amendments to Article
38:
a) Amendments to point c clause 4:
“c) Inspect, test and assess quality of sample
equipment.
The sample equipment used for inspection shall be
randomly selected using the sampling method stipulated in the corresponding
technical regulation or standard. In case there is no technical regulation or
standard providing for inspection, testing and assessment of quality of sample
of a type of fire prevention and fighting equipment, foreign or international
regulations and standards applicable in Vietnam shall apply. Results of
inspections performed by foreign authorities and organizations to consider
issuance of the inspection certificate in accordance with regulations of the
Ministry of Public Security;”.
b) Amendments to clause 5:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) Application for issuance of the equipment
inspection certificate based on the inspection results of the service bussiness
engaging in technical fire prevention and fighting inspection consultancy
includes:
an application for issuance of the equipment
inspection certificate (made using Form No. PC27); inspection record by service
businesses engaging in technical fire prevention and fighting inspection
consultancy (hereinafter referred to as “inspection consultancy provider”)
(form No. PC25); record of inspected equipment sampling (made using Form No.
PC28); certificate of origin (if not connected to specialized databases);
equipment quality certificate (if any); technical documents of the inspected
equipment;
b) Application for issuance of the equipment
inspection certificate based on the testing or inspection results of foreign
agencies or organizations includes:
an application for issuance of the equipment
inspection certificate (made using Form No. PC27); testing or inspection
results of foreign agencies or organizations along with tested technical
criteria; certificate of origin (if not connected to specialized databases);
equipment quality certificate (if any); technical documents of the inspected
equipment;
c) Documents included in these applications shall
be the authentic copy or certified true copy or photocopy submitted together
with its authentic copy for comparison. For applications in a foreign language,
a Vietnamese translation must be provided and the applicant shall take responsibility
for the content of the translation.”.
c) Amendments to clause 10:
“a) Within 05 working days starting from the date
of receipt of an application valid according to regulations in Point c Clause 5
herein, the competent police authority shall consider and assess the inspection
results and issue the equipment inspection certificate; and provide a written
explanation for the applicant if not issuing the certificate;
b) Each piece of fire prevention and fighting
equipment shall undergo inspection once before it is issued with the equipment
inspection certificate (made using Form No. PC29) and affixed with an
inspection stamp.
Within 03 working days starting from the date of
issuance of the equipment inspection certificate, the applicant shall cooperate
with the inspecting unit and the police authority in affixing the inspection
stamp to the equipment according to the issued equipment inspection
certificate; in case of issuing an equipment inspection certificate based on
the inspection test results of a foreign agency or organization, the applicant
shall cooperate with the police authority in affixing the inspection stamp to
the equipment according to the issued equipment inspection certificate.”.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
“11. Fire departments have the power to issue the
equipment inspection certificate to the fire prevention and fighting equipment
mentioned in Appendix VII enclosed herewith to applicants whose equipment
samples are taken for inspection under their management.”.
dd) Supplementation of clause 12 after clause 11:
“12. Service businesses engaging in technical fire
prevention and fighting inspection consultancy that have been confirmed to be
eligible to provide fire prevention and fighting services may receive
applications for inspection, sampling, technical inspection and make inspection
records of fire prevention and fighting equipment (Form No. PC25) for types of
fire prevention and fighting equipment that have been issued with inspection
certificates as mentioned in the list specified in Appendix VII issued herewith
(except for fire prevention and fighting equipment directly produced or
imported by the facility). After having the inspection results, the inspected
entity must be sent a written notice along with the inspection record so that
they can apply to the competent police authority for issuance of a certificate
of inspection of fire prevention and fighting equipment according to Clause 5
hereof.”.
14. Amendments to Article
41:
a) Amendments point a, point dd clause 3:
“a) For service businesses engaged in fire safety
design consultancy, appraisal consultancy or supervision consultancy, they
shall have equipment enabling fire safety design consultancy, appraisal
consultancy or supervision consultancy;”.
“dd) For businesses engaging in production and
assembling of fire prevention and fighting inspection equipment: they shall
have business premises; and factories and equipment for production, assembling
and testing of fire prevention and fighting equipment.”.
b) Amendments to clause 5:
“5. For service businesses engaging in
technical fire prevention and fighting inspection consultancy, besides the
conditions in Clauses 2 and 3 herein, each of these businesses must have at
least 02 individuals who hold a relevant practitioner certificate in compliance
with regulations in Point c Clause 3 Article 43 herein.”.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
“9. Service businesses engaging in trade of
fire prevention and fighting equipment shall adhere to regulations in Clauses 2
herein.”.
15. Amendments to point d
clause 3 and clause 5 Article 43:
a) Amendments to point d of clause 3:
“d) Conditions for granting of practitioner
certificate in fire safety supervision consultancy:
The applicant holds an intermediate professional
education diploma or higher in fire prevention and fighting or intermediate
professional education diploma or higher in a major suitable for their scope of
consultancy and a certificate of completion of refresher course in fire
prevention and fighting operations;
The applicant has supervised the construction of at
least 03 projects and/or works issued with the written approval of fire safety
commissioning results by police authorities;”.
b) Amendments to clause 5:
“5. Other majors that comply with regulations
in Article 41 and this Article include the following academic disciplines: architecture
and planning; construction; construction management (excluding construction
economics); construction and architectural engineering technology; mechanical
engineering technology; electrical, electronic and telecommunications
engineering technology; oil and gas technology and extraction; mechanical
engineering and engineering mechanics (excluding printing engineering); and
electrical, electronic and telecommunications engineering (excluding biomedical
engineering) according to regulations of the Ministry of Education and
Training.”.
16. Amendments to Article
44:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
“2. Application for replacement of a
practitioner certificate in fire prevention and fighting consultancy upon
addition to the applicant’s scope of consultancy includes the documents
mentioned in Clause 1 herein.”.
b) Amendments to clause 4:
“4. Application for reissuance of a lost of
damaged practitioner certificate in fire prevention and fighting consultancy
includes the documents mentioned in Points a and d Clause 1 herein.”.
c) Amendments to clause 11:
“11. Fire departments has the power to issue,
replace, and reissue practitioner certificates in fire prevention and fighting
consultancy to permanent residents in localities under their management.”.
17. Amendments to Article
45:
a) Amendments to clause 1:
“1. Application for issuance of a certificate of
eligibility for fire prevention and fighting service business includes:
a) An application for issuance of a certificate of
eligibility for fire prevention and fighting service business (made using Form
No. PC33);
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
c) Written proof of availability of facilities and
equipment necessary for business operations: list of equipment for business
operations (form No. PC37); certificate of laboratory quality and assessment of
calibration of inspection equipment by the competent authority (for application
for issuance of certificate of eligibility for technical fire prevention and
fighting inspection consultancy).”.
b) Amendments to clause 2:
“2. Application for replacement of a certificate of
eligibility for fire prevention and fighting service business upon change of
head or legal representative includes the documents mentioned in Points a and b
Clause 1 herein.”.
c) Amendments to clause 3:
“3. Application for replacement of a certificate of
eligibility for fire prevention and fighting service business upon change of
business location or change or addition to fire prevention and fighting service
business lines includes the documents mentioned in Clause 1 herein.”.
d) Amendments to clause 4:
“4. Application for replacement of a certificate of
eligibility for fire prevention and fighting service business upon change to
the service business’s name includes the documents mentioned in Point a Clause
1 herein.”.
dd) Amendments to clause 5:
“5. Application for reissuance of a certificate of
eligibility for fire prevention and fighting service business upon loss of or
damage to the certificate includes the documents mentioned in point a Clause 1
herein.”.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) Police Department of Fire Prevention and
Fighting and Rescue has the power to issue and reissue certificates of
eligibility for fire prevention and fighting service business to providers of
technical fire prevention and fighting inspection consultancy, production and
assembling of fire prevention and fighting equipment;”.
18. Amendments to clause 2
Article 46:
“2. A service business will have its
certificate of eligibility for fire prevention and fighting service business
revoked when it fails to satisfy conditions for fire prevention and fighting
service business after the certificate is issued. After revocation, the police
authority shall notify the revocation to the enterprise registration authority
or competent authority permitting the service business to operate in writing.”.
19. Amendments to clause 2
Article 47:
“2. Funding for fire prevention and fighting
operations which is allocated from the state budget and collected from fire and
explosion insurance as prescribed in point a, point b clause 1 Article 54 of
the Law on Fire Prevention and Fighting shall be managed and used as prescribed
by law on state budget and compulsory fire and explosion insurance.”.
20. Supplementation of
Article 47a after Article 47:
“Article 47a. Management and use of financial
resources from voluntary contributions and sponsorship from domestic and
foreign agencies, organizations, and individuals
1. Financial sources voluntarily contributed by
domestic agencies, organizations and individuals, foreign organizations and
individuals to finance fire prevention and fighting activities must comply with
Clause 1, Article 47 of this Decree.
If the sponsoring agency, organization or
individual has an agreement or proposal on the intended use and spending level
of funds allocated for fire prevention and fighting activities, the management
and use thereof shall comply with that agreement or proposal and cannot
contradict Clause 1, Article 47 and relevant laws.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) Financial resources in cash will be deposited
into a dedicated account for the Ministry of Public Security at the State
Treasury and will then be fully integrated into the state budget as per the law
on state budget and relevant laws.
b) Financial resources in kind, after establishing
public ownership, will be allocated to agencies and units with functions of
fire prevention, fighting, rescue for management and use in accordance with the
law on public asset management and relevant legal regulations. The
establishment of public ownership is carried out in accordance with Decree No.
29/2018/ND-CP dated March 5, 2018 of the Government and relevant legal
provisions.
c) Information on voluntary contributions and
sponsorship from domestic and foreign agencies, organizations and individuals
is provided and published on the electronic information portal of the Ministry
of Public Security and the Police Department of Fire Prevention, Fighting
Police and Rescue as per the law, unless these agencies, organizations, and
individuals have agreed not to disclose information.
d) Financial sources from mobilizing and receiving
voluntary contributions to support overcoming difficulties caused by incidents
shall comply with Decree No. 93/2021/ND-CP dated October 27 2021 of the
Government.
3. The Ministry of Public Security shall, based on
actual financial sources from voluntary contributions, sponsorships and
practical requirements, decide spending levels for matters related to fire
prevention and fighting activities specified in Clause 1, Article 47 hereof
after reaching an agreement with the Ministry of Finance.
4. Ministry of Public Security shall manage and use
financial resources from voluntary contributions and sponsorship as per the law
on state budget and relevant laws.".
Article 2. Amendments to Decree No. 83/2017/ND-CP
dated July 18, 2017 of the Government on rescue operations by fire departments
1. Amendments to Article 9:
“Article 9. Recue drills by police authorities
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2. Heads of fire departments, heads of
district-level police authorities shall organize formulation of police
authority firefighting plans for potential incidents and accidents mentioned in
clause 1 Article 5 of Decree No. 83/2017/ND-CP in localities under their fire
management (using Form No. PC38) except for incidents and accidents occurring
inside facilities in Appendix I issued with this Decree.
3. Rescue plans of police authorities are managed
at police authorities that directly formulate them. Regulatory bodies and
organizations whose forces and equipment are involved in the plan may copy and
disseminate content related to their tasks.
4. Heads of fire departments, heads of
district-level police authorities shall approve rescue plans of police
authorities for scenarios of incidents and accidents in the localities under
their management.
5. Police authorities shall organize drills of
their rescue plans according to the approved plan of the person competent to
mobilize forces and means of regulatory bodies and organizations which are
mobilized in the plan.".
2. Amendments to Article 11:
a) Amendments to point c clause 2:
“c) Fire departments, district-level police
authorities shall provide training courses in professional operation of rescue
to the fire department forces under their management, the patrol forces, the
internal response teams and other forces upon request.”.
b) Amendments to clause 5:
“5. Application for training, examination, and
issuance of the certificate of training in rescue operation.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) For agencies, organizations and facilities: an
application for training, examination, and issuance of the training certificate
(made using Form No. PC22);
b) For individuals: an application for training,
examination and issuance of the training certificate (made using Form No.
PC23).”.
Agencies, organizations, and individuals shall
submit an application to the competent authority prescribed in point a of this
clause according to one of the following methods:
Directly at the single-window unit of the competent
authority;
Online via the public service portal or
administrative procedure processing system of the competent authority
(documents included in state secret lists shall be submitted in compliance with
regulations of laws on state secret protection);
By public postal service.
c) Notification of processing results:
If the application is directly submitted at the
single-window unit of the competent authority, the receiving official shall
give the applicant an acknowledgement slip or a guide to supplement application
and keep one copy thereof;
If the application is submitted online via the
public service portal or administrative procedure processing system of the
competent authority, the receiving official shall send an acknowledgement slip
or a guide to supplement application to the applicant’s email or phone message;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
c) Amendments to clause 6:
“6. Time limit for processing procedures for
training, examination, issuance, reissuance of certificate of training in
rescue operation:
a) Within 14 working days starting from the date of
receipt of a valid application, the police authority shall provide training,
assess training results of trainees and issue certificates of training in
rescue operations to trainees who passed the examination (form No. PC35). If
the certificate is rejected, a written explanation shall be provided;
b) The certificate of training in rescue operations
shall be reissued within 05 working days starting from the date of receipt of a
valid application. A written explanation must be provided for rejected
applications.”.
d) Amendments to clause 7:
“7. Power to issue certificates of training in
rescue operations:
a) Police Department of Fire Safety, Firefighting
and Rescue shall issue certificates of training in rescue operations for those
who work for ministries, ministerial-level agencies, Governmental agencies,
facilities affiliated to corporations;
b) Fire departments, district-level police
authorities shall provide training, assess the training results, and issue
certificates of training in rescue operations for those who work for units and
facilities in localities under their management;
c) The certificate of training in rescue operations
is valid throughout the country.”.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
“2. Police authorities shall, within the ambit of
their tasks and powers and under this Decree, undertake periodic or ad-hoc
inspections to verify if facilities under their management meet the
requirements for safety on fire, explosion, incidents and accidents, and
firefighting methods and plans with scenarios of incidents and accidents.”.
Article 3. Appendices issued together with this
Decree
1. Appendix I: List of facilities subject to fire
prevention and fighting management.
2. Appendix II: List of facilities at risk of fire
and explosion.
3. Appendix III: List of facilities managed by
police authorities.
4. Appendix IV: List of facilities managed by
commune-level People's Committees.
5. Appendix V: List of projects, works, and motor
vehicles subject to fire safety design appraisal.
6. Appendix Va: List of projects and works under
the authority of fire safety design appraisal of Police Department of Fire
Prevention and Fighting and Recuse.
7. Appendix Vb: List of projects, works, and motor
vehicles under the authority of fire safety design appraisal of fire departments.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
9. Appendix VII: List of fire prevention and
fighting equipment subject to inspection.
10. Appendix IX: Forms used in fire prevention and
fighting and rescue.
Article 4. Amendments to certain phrases in
Decree No. 136/2020/ND-CP
1. Add the phrase “ or fill out and send the
acknowledgement slip to the applicant’s email or phone message” after the
phrase “(form No. 03)” at point a Clause 4 Article 9, Point a Clause 7 Article
13, Point a Clause 5 Article 15, Point a Clause 6 Article 19, Point a Clause 9
Article 33, Point a Clause 7 Article 38, Point a Clause 7 Article 44, Point a
Clause 8, Article 45.
2. Add the phrase “or fill out and send the guide
to supplement the application to the applicant’s email or phone message” after
the phrase “(form No. 04)” at Point b Clause 4 Article 9, Point b Clause 7
Article 13, Point b Clause 5 Article 15, Point b Clause 6 Article 19, Point b
Clause 9 Article 33, Point a Clause 7 Article 38, Point b Clause 7 Article 44,
Point b Clause 8 Article 45.
3. Add the phrase “administrative procedure
processing system” after the phrase “public service portal” at Point b Clause
3, Point b Clause 5 Article 9, Point b Clause 6, Point b Clause 8 Article 13,
Point b Clause 6 Article 15, Point b Clause 4, Point b Clause 5 Article 18,
Point b Clause 5, Point b Clause 7 Article 19, Point b Clause 8, Point b Clause
10 Article 33, Point b Clause 6, Point b Clause 8 Article 38, Point b Clause 6,
Point b Clause 8 Article 44, Point b Clause 7, Point b Clause 9 Article 45.
4. Replace the phrase “the firefighting
authorities” with the phrase “police authorities” in the description of Article
14, the phrase "Decree No. 42/2020/ND-CP dated April 8, 2020 of the
Government on the List of dangerous goods, transportation of dangerous goods by
road motor vehicles and transportation of dangerous goods on inland waterways
(hereinafter referred to as Decree No. 42/2020/ND- CP)” with the phrase “Decree
No. 34/2024/ND-CP dated March 31, 2024 of the Government on the List of
dangerous goods and transportation of dangerous goods by road motor vehicles
and inland waterway vehicles (hereinafter referred to as Decree No.
34/2024/ND-CP)" in Clause 1, Article 9, the phrase "Decree No.
42/2020/ND-CP" with the phrase "Decree No. 34/2024/ND-CP” in Clause
10, Article 9.
5. Add the phrase "e-documents in compliance
with the Decree No. 45/2020/ND-CP dated April 8, 2020 of the Government"
at the end of point b, clause 3, Article 9, point b, clause 6 Article 13, Point
b Clause 4 Article 18, Point b Clause 5 Article 19, Point b Clause 8 Article
33, Point b Clause 6 Article 38, Point b Clause 6 Article 44, Point b Clause 7
Article 45.
Article 5. Annulment of certain clauses and
forms
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) Annulment of point b, clause 2, clause 6,
Article 9; Point a Clause 5, Clause 9, Point a, Point b, Point c Clause 10
Article 13; Clause 7, Article 15; Clause 6, Article 18; Clause 8, Article 19;
Clause 6, Clause 11 Article 33; Clause 9, Article 38; Clause 3, Clause 9,
Article 44; Clause 10, Article 45 of this Decree;
b) Annulment of Appendix I; Appendix II; Appendix
III; Appendix IV; Appendix V; Appendix VI; Appendix VII; Appendix IX issued
herewith;
c) Annulment of the phrase "notarized
copy" in Clause 5, Article 44, Clause 6, Article 45;
d) Annulment of the phrase ““the service of an
enterprise and individual or authorization as per the law” in Point c Clause 3
and Point c Clause 5 Article 9, Point c Clause 6 and Point c Clause 8 Article
13, Point c Clause 4 and Point c Clause 5 Article 18, Point c Clause 5 and
Point c Clause 7 Article 19, Point c Clause 8 and Point c Clause 10 Article 33,
Point c Clause 6 and Point c Clause 8 Article 38, Point c Clause 6 and Point c
Clause 8 Article 44, Point c Clause 7 and Point c Clause 9 Article 45.
2. Annulment of certain points, articles, and forms
in Decree No. 83/2017/ND-CP.
a) Annulment of point b, clause 2, Article 25;
Article 43;
b) Annulment of Form No. 01, Form No. 02, Form No.
03, Form No. 04, Form No. 05 issued therewith.
Article 6. Entry into force
1. This Decree comes into force as of May 15, 2024.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) Competent authorities that issued certificates
of fire safety design appraisal to works or motor vehicles shall keep
appraising the fire safety design and commissioning results of those works or
motor vehicles. Projects or works that have received fire safety feedback on
their basic design drawings and have not been issued with certificates of fire
safety design appraisal shall have their fire safety design appraised by the
competent authorities mentioned in point e clause 5 Article 1 hereof;
b) Projects or works in the list of Appendix V of
Decree No. 136/2020/ND-CP that have received fire safety feedback on their
basic design drawings or have been issued with certificates of fire safety
design appraisal but not covered by Appendix V of this Decree, the construction
investor shall organize the inspection of fire safety commissioning results and
ensure the fire safety for the works;
c) Facilities whose operations are temporarily
suspended or suspended as per Decree No. 136/2020/ND-CP of the Government but
not subject to temporary suspension in this Decree may keep implementing
Article 17, Article 18 Decree No. 136/2020/ND-CP of the Government;
d) In case of expiration, loss, or damage, an
individual’s practitioner certificate in fire safety consultancy issued under
Decree No. 79/2014/ND-CP can be issued by the provincial police authority; in
case of supplementation of practicing scope, an individual’s practitioner
certificate in fire safety consultancy issued Decree No. 136/2020/ND-CP can be
replaced by the provincial police authority as prescribed;
dd) Any facility's firefighting plan, facility's
rescue plan, police authority’s firefighting plan, or firefighting department’s
rescue plan that has been developed and approved by the competent authority,
continue to be used without the need for re-development or re-approval if there
are no changes in the facility's fire, explosion, and toxic hazard
characteristics or in the conditions affecting firefighting and rescue
operations;
e) Any regulatory body, organization, or individual
that has their application received under the following procedures of Decree
No. 136/2020 /ND-CP and Decree No. 83/2017/ND-CP, before the effective date of
this Decree, can continue following those previous regulations: issuance of
licenses to transport goods posing fire and explosion hazards; design
appraisal, inspection of fire safety commissioning results; firefighting plan
approval; issuance of certificates of training in fire prevention and fighting
operations; issuance of certificates of training in rescue operations; issuance
of equipment inspection certificates; issuance of practitioner certificates in
fire safety consultancy; certificates of eligibility for fire prevention and
fighting service business;
g) When a certificate of training in fire
prevention and fighting operations or certificate of training in rescue
operations issued under Decree No. 136/2020/ND-CP and Decree No. 83/ 2017/ND-CP
expires, it will be issued as per this Decree.
Article 7. Implementation
1. The Minister of Public Security shall guide,
lead, and inspect the implementation of this Decree.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
ON BEHALF OF
PRIME MINISTER
Pham Minh Chinh
APPENDIX I
LIST
OF FACILITIES SUBJECT TO FIRE PREVENTION AND FIGHTING MANAGEMENT
(Issued together with Decree No. 50/2024/ND-CP dated May 10, 2024 of the
Government)
1. Headquarters of regulatory
bodies at all levels.
2. Apartment buildings; tenement
houses, dormitories; mixed-use buildings.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
4. Hospitals; polyclinics,
specialized clinics, facilities that provides care, rehabilitation, and
orthopaedic, nursing homes, disease prevention centers, medical centers, other
medical facilities established under the Law on Examination and Treatment.
5. Theaters, cinemas, circuses;
convention centers; cultural houses; karaoke establishments, discotheques,
bars, clubs; amusement parks, zoos, aquariums.
6. Markets; shopping centers,
electronics stores; supermarkets; food and beverage establishments with a total
business area of 100 m2 or more or a total volume of 500 m3 or more;
establishments trading in flammable and explosive goods with a total business area
of 50 m2 or more or a total volume of business buildings of 200 m3 or more.
7. Hotels, guesthouses, motels;
other accommodation establishments established under the Law on Tourism;
boarding houses.
8. Buildings used as office
headquarters for enterprises, political and social organizations.
9. Museums, libraries; exhibition
halls; galleries, archives, bookstores, fair houses; religious establishments.
10. Buildings of postal service
points, postal facilities, telecommunications facilities; data storage and
management centers; radio and television facilities; publishing and printing
facilities.
11. Stadiums; sports halls; indoor
sports centers; fitness and sports centers; racetracks, shooting ranges; other
sports facilities established under the Law on Physical Training and Sports.
12. Airports; air traffic control
towers; seaports; hangars, dry ports; inland waterways ports; bus terminals;
rest stops; cable car stations for passenger transport; subways; motor vehicle
registration facilities; businesses engaging in trading, repair and maintenance
of motor vehicles.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
14. Road tunnels and railway tunnels
with a length of 500 meters or more.
15. Nuclear facilities; facilities
for production, trade, storage, and use of industrial explosives and explosive
precursor substances; warehouses for industrial explosives and explosive
precursors; ports for export and import of industrial explosives and explosive
precursors; warehouses for weapons and support tools.
16. Facilities for exploitation,
processing, production, transportation, trade, and storage of petroleum and
petroleum products, natural gas on land; oil and petroleum product depots, gas
depots; ports for export and import of petroleum and petroleum and gas
products; oil and gas retailers, flammable liquid retail stores; gas retail
stores.
17. Industrial establishments with
fire and explosion hazard classes A, B, C, D, E.
18. Power plants; substations with
voltage of 110 kV or higher.
19. Tunnels for production,
storage, and use of flammable and explosive substances; national reserve
warehouses; warehouses for flammable goods and materials; storage areas for
flammable goods, materials, and scrap with an area of 500 m2 or more.
20. Other establishments not
included in the list from items 1 to 19 that have an internal gasoline filling
station or use a central gas supply system with a total gas consumption of 70
kg or more.
21. Mixed-use buildings for
dwelling and production and trade of flammable and explosive goods with a floor
area for business purposes of 50 m2 or more.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
LIST
OF FACILITIES WITH FIRE AND EXPLOSION HAZARDS
(Issued together with Decree No. 50/2024/ND-CP dated May 10, 2024 of the
Government)
1. Head offices of regulatory
bodies at all levels that have 10 floors or more or have a total volume of
office buildings of 25,000 m3 or more.
2. Apartment buildings, tenement houses,
dormitories with 7 floors or more or with a total volume of 10,000 m3 or more;
mixed-use buildings with 5 floors or more, or a total volume of 5,000 m3 or
more.
3. Nursery schools, kindergartens,
preschools with 350 children or more or a total volume of school buildings and
service buildings of 5,000 m3 or more; elementary schools, lower secondary
schools, upper secondary schools, secondary schools with a total volume of
school buildings and service buildings of 5,000 m3 or more; colleges, universities,
academies, professional secondary schools, vocational schools, continuing
education institutions with 7 floors or more or a total volume of school
buildings and service buildings of 10,000 m3 or more; other educational
institutions established under the Law on Education with a total volume of
5,000 m3 or more.
4. Hospitals with 250 beds or
more; polyclinics, specialized clinics, facilities that provides care,
rehabilitation, and orthopaedic, nursing homes, disease prevention centers,
medical centers, other medical facilities established under the Law on
Examination and Treatment with 5 floors or more or a total volume of 5,000 m3
or more.
5. Theaters, cinemas, circuses
with 600 seats or more; convention centers, cultural houses with 5 floors or
more or their total volume of 10,000 m3 or more; karaoke establishments,
discotheques, bars, clubs with 5 floors or more or a total volume of business
buildings of 5,000 m3 or more; amusement parks, zoos, aquariums with a volume
of 5,000 m3 or more.
6. Grade 1 markets, grade 2
markets; shopping centers, electronics stores; supermarkets; food and beverage
establishments, businesses trading in flammable and explosive goods with a
total business area of 500 m2 or more or a total volume of business buildings
of 5,000 m3 or more.
7. Hotels, guesthouses, motels,
and other accommodation establishments established under the Law on Tourism,
boarding houses with 7 floors or more or a total volume of accommodation
buildings of 10,000 m3 or more.
8. Buildings used as headquarters
and offices for enterprises, political and social organizations with 7 floors
or more or a volume of 10,000 m3 or more.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
10. Buildings of postal service
points, postal facilities, telecommunications facilities with 5 floors or more or
a total volume of buildings of 10,000 m3 or more; data storage and management
centers, radio and television facilities, publishing and printing facilities
with a total volume of buildings of 5,000 m3 or more.
11. Stadiums with a capacity of
40,000 seats or more; sports halls and indoor sports centers with a capacity of
500 seats or more; fitness and sports centers, racetracks, and shooting ranges with
a total volume of sports facilities of 10,000 m3 or more or a capacity of 5,000
seats or more; other sports facilities established under the Law on Physical
Training and Sports with a volume of 5,000 m3 or more.
12. Airports; air traffic control
towers; seaports; dry ports; inland waterway ports of category I and II; bus
terminals of category I and II; rest stops of category I; railway stations of
category I and II; cable car stations for passenger transport with a volume of
5,000 m3 or more; subways; motor vehicle registration facilities; businesses
engaging in trading, repair and maintenance of motor vehicles with a business
area of 500 m2 or more or a total volume of buildings of 5,000 m3 or more.
13. Garages with a capacity of 50
or more cars.
14. Nuclear facilities; facilities
for production, trade, storage, and use of industrial explosives and explosive
precursor substances; warehouses for industrial explosives and explosive
precursors; ports for export and import of industrial explosives and explosive
precursors; warehouses for weapons and support tools.
15. Facilities for exploitation,
processing, production, transportation, trade, and storage of petroleum and
petroleum products, natural gas on land; oil and petroleum product depots, gas
depots; ports for export and import of petroleum and petroleum and gas
products; oil and gas retailers, flammable liquid retail stores; gas retail
stores with a total gas storage volume of 200 kg or more.
16. Industrial establishments with
fire and explosion hazard classes A and B with a total volume of buildings with
production technology lines of 5,000 m3 or more; fire and explosion hazard
class C with a total volume of buildings with production technology lines of
10,000 m3 or more; fire and explosion hazard classes D and E with a total
volume of buildings with production technology lines of 15,000 m3 or more.
17. Power plants; substations with
voltage of 110 kV or higher.
18. Tunnels for production,
storage, and use of flammable and explosive substances; national reserve
warehouses; warehouses for flammable goods and materials with a total volume of
5,000 m3 or more.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
APPENDIX III
LIST
OF FACILITIES MANAGED BY POLICE AUTHORITIES
(Issued together with Decree No. 50/2024/ND-CP dated May 10, 2024 of the
Government)
1. Headquarters of regulatory
bodies at district level or higher.
2. Apartment buildings with 5
floors or more or a total volume of 5,000 m3 or more; tenement houses,
dormitories with 5 floors or more or with a total volume of 2,500 m3 or more;
mixed-use buildings with 5 floors or more, or a total volume of 1,500 m3 or
more.
3. Nursery schools, kindergartens,
preschools with 100 children or more or a total volume of school buildings and
service buildings of 1,000 m3 or more; elementary schools, lower secondary
schools with a total volume of school buildings and service buildings of 2,000
m3 or more; upper secondary schools, secondary schools, colleges, universities,
academies; professional secondary schools, vocational schools, continuing
education institutions; other educational institutions established under the
Law on Education with a total volume of 1,000 m3 or more.
4. Hospitals; polyclinics,
specialized clinics, facilities that provides care, rehabilitation, and
orthopaedic, nursing homes, disease prevention centers, medical centers, other
medical facilities established under the Law on Examination and Treatment with
3 floors or more or a total volume of 1,000 m3 or more.
5. Theaters, cinemas, circuses
with 600 seats or more; convention centers, cultural houses with 3 floors or
more or their total volume of 1,500 m3 or more; karaoke establishments,
discotheques, bars, clubs with 3 floors or more or a total volume of business
buildings of 1,000 m3 or more; amusement parks, zoos, aquariums with a volume
of 1,500 m3 or more.
6. Grade 1 markets, grade 2
markets; shopping centers, electronics stores; supermarkets; food and beverage
establishments, businesses trading in flammable and explosive goods with a
total business area of 300 m2 or more or a total volume of business buildings
of 1,000 m3 or more.
7. Hotels, guesthouses, motels,
and other accommodation establishments established under the Law on Tourism,
boarding houses with 5 floors or more or a total volume of accommodation buildings
of 2.500 m3 or more.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
9. Museums, libraries, exhibition
halls, display halls, archives, bookstores, fair houses with a volume of 1,500
m3 or more; religious facilities with a volume of 5,000 m3 or more.
10. Buildings of postal service
points, postal facilities, telecommunications facilities with 3 floors or more or
a total volume of buildings of 1.500 m3 or more; data storage and management
centers, radio and television facilities, publishing and printing facilities
with a total volume of buildings of 1,000 m3 or more.
11. Stadiums; sports halls; indoor
sports centers; fitness and sports centers; racetracks, shooting ranges; other
sports facilities established under the Law on Physical Training and Sports
with a total volume of buildings of 1,000 m3 or more.
12. Airports; air traffic control
towers; hangars; seaports; dry ports; inland waterway ports of category I and
II; bus terminals of category I and II; rest stops of category I; railway
stations of category I, II, III; cable car stations for passenger transport;
subways; motor vehicle registration facilities; businesses engaging in trading,
repair and maintenance of motor vehicles with a business area of 300 m2 or more
or a total volume of buildings of 1,500 m3 or more.
13. Garages with a capacity of 10
or more cars.
14. Road tunnels and railway
tunnels with a length of 500 meters or more.
15. Nuclear facilities; facilities
for production, trade, storage, and use of industrial explosives and explosive
precursor substances; warehouses for industrial explosives and explosive
precursors; ports for export and import of industrial explosives and explosive
precursors; warehouses for weapons and support tools.
16. Facilities for exploitation,
processing, production, transportation, trade, and storage of petroleum and
petroleum products, natural gas on land; oil and petroleum product depots, gas
depots; ports for export and import of petroleum and petroleum and gas
products; oil and gas retailers, flammable liquid retail stores; gas retail
stores with a total gas storage volume of 150 kg or more.
17. Industrial establishments with
fire and explosion hazard classes A and B; fire and explosion hazard class C
with a total volume of buildings with production technology lines of 2,500 m3
or more; fire and explosion hazard classes D and E with a total volume of
buildings with production technology lines of 5,000 m3 or more.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
19. Tunnels for production,
storage, and use of flammable and explosive substances; national reserve
warehouses; warehouses for flammable goods and materials with a total volume of
1,500 m3 or more; storage areas for flammable goods, materials, and scrap with
an area of 1,000 m2 or more.
20. Other establishments not
included in the list from items 1 to 19 that have an internal gasoline filling
station or use a central gas supply system with a total gas consumption of 70
kg or more.
21. Mixed-use buildings for
dwelling and production and trade of flammable and explosive goods with a floor
area for business purposes of 300 m2 or more.
APPENDIX IV
LIST
OF FACILITIES MANAGED BY COMMUNE-LEVEL PEOPLE'S COMMITTEES
(Issued together with Decree No. 50/2024/ND-CP dated May 10, 2024 of the
Government)
1. Headquarters of commune-level
regulatory bodies.
2. Apartment buildings with less
than 5 floors and a total volume of less than 5,000 m3; tenement houses,
dormitories with less than 5 floors and a total volume of less than 2,500 m3;
mixed-use buildings with less than 5 floors and a total volume of less than
1,500 m3.
3. Nursery schools, kindergartens,
and preschools with less than 100 children and a total volume of school
buildings and service buildings of less than 1,000 m3; elementary schools,
lower secondary schools with a total volume of school buildings and service
buildings of less than 2,000 m3; other educational institutions established under
the Law on Education with a total volume of school buildings and service
buildings of less than 1,000 m3.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
5. Convention centers, cultural
houses with less than 3 floors or their total volume of less than 1,500 m3;
karaoke establishments, discotheques, bars, clubs with less than 3 floors or a
total volume of business buildings of less than 1,000 m3; amusement parks,
zoos, aquariums with a volume of less than 1,500 m3.
6. Grade 3 markets; shopping
centers, electronics stores; supermarkets; food and beverage establishments,
businesses trading in flammable and explosive goods with a total business area
of less than 300 m2 or a total volume of business buildings of less than 1,000
m3.
7. Hotels, guesthouses, motels,
and other accommodation establishments established under the Law on Tourism,
boarding houses with less than 5 floors or a total volume of accommodation
buildings of less than 2.500 m3.
8. Buildings used as headquarters
and offices for enterprises, political and social organizations with less than
5 floors or a volume of less than 1.500 m3.
9. Museums, libraries, exhibition
halls, display halls, archives, bookstores, fair houses with a volume of less than
1,500 m3; religious facilities with a volume of less than 5,000 m3.
10. Buildings of postal service
points, postal facilities, telecommunications facilities with less than 3
floors or a total volume of buildings of less than 1.500 m3 ; data storage and
management centers, radio and television facilities, publishing and printing
facilities with a total volume of buildings of less than 1,000 m3.
11. Sports facilities established
under the Law on Physical Training and Sports with a volume of less than 1,500
m3.
12. Businesses for the trading,
repair, and maintenance of motor vehicles with a business area of less than 300
m2 and a total volume of buildings of less than 1,500 m3.
13. Garages with capacity of less
than 10 cars; parking lots established as per the law.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
15. Industrial establishments with
fire and explosion hazard class C with a total volume of buildings with
production technology lines of less than 2,500 m3; fire and explosion hazard
classes D and E with a total volume of buildings with production technology
lines of less than 5,000 m3.
16. Warehouses for flammable goods
and materials with a total volume of less than 1,500 m3; storage areas for
flammable goods, materials, and scrap with an area of less than 1,000 m2.
17. Mixed-use buildings for
dwelling and production and trade of flammable and explosive goods with a floor
area for business purposes of less than 300 m2.
APPENDIX V
LIST
OF PROJECTS, WORKS, AND MOTOR VEHICLES SUBJECT TO FIRE SAFETY DESIGN APPRAISAL
(Issued together with Decree No. 50/2024/ND-CP dated May 10, 2024, of the
Government)
1. Office buildings of regulatory
bodies with 7 floors or more or a total volume of 5.000 m3 or more.
2. Office buildings of
enterprises, political and social organizations, apartment buildings, tenement
houses, dormitories, mixed-use buildings, hotels, guesthouses, motels with 7
floors or more or a volume of 5,000 m3 or more.
3. Buildings of post offices,
telecommunications facilities, data storage and management centers, radio and
television facilities with 5 floors or more or a volume of 5,000 m3 or more.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
5. Hospitals with 3 floors or more
or a volume of 3,000 m3 or more; polyclinics, specialized clinics, facilities
that provides care, rehabilitation, and orthopaedic, nursing homes, disease
prevention centers, medical centers, other medical facilities with 5 floors or
more or a total volume of 3,000 m3 or more.
6. Theaters, cinemas, circuses
with 300 seats or more; convention centers, cultural houses with 5 or more
floors or their total volume of 5,000 m3 or more; karaoke establishments,
discotheques, bars, clubs with 3 floors or more or a total volume of business
buildings of 1,500 m3 or more.
7. Markets, shopping centers,
supermarkets, restaurants with a volume of 3,000 m3 or more.
8. Museums, libraries; exhibition
halls; galleries, archives, bookstores, fair houses with a volume of 5.000 m3
or more.
9. Stadiums with a capacity of
5,000 seats or more; sports halls, indoor sports centers, fitness and sports
centers with a capacity of 5,000 seats or more or a volume of 5,000 m3 or more.
10. Airports, subways; seaports;
dry ports; inland waterway ports; bus stations, railway stations, cable car
stations for passenger transport, rest stops with a volume of 5,000 m3 or more.
11. Indoor car garages with a
volume of 3,000 m3 or more.
12. Road tunnels and railway
tunnels with a length of 1,000 meters or more.
13. Nuclear facilities; facilities
for production, trade, storage, and use of industrial explosives and explosive
precursor substances; warehouses for industrial explosives and explosive
precursors; ports for export and import of industrial explosives and explosive
precursors.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
15. Industrial establishments with
fire and explosion hazard classes A and B with a total volume of buildings of 5,000
m3 or more; fire and explosion hazard class C with a total volume of buildings
of 10,000 m3 or more; fire and explosion hazard classes D and E with a total
volume of buildings of 15,000 m3 or more.
16. Power plants; substations with
voltage of 110 kV or higher.
17. Tunnels for production,
storage, and use of flammable and explosive substances with a total volume of
1,000 m3 or more; storage areas for flammable goods, materials with an area of
5,000 m3 or more.
18. Technical infrastructure works
related to fire prevention and suppression of urban areas, economic zones,
industrial zones, industrial clusters, export processing zones, and high-tech
zones under the approval authority of district level or higher.
19. Motor vehicles subject to
special fire safety requirements: railway vehicles, watercraft with a length of
20 m or more for passenger transport, transportation of gasoline, oil,
flammable liquids, flammable gases, explosives, and chemicals wit fire and
explosion hazards.
APPENDIX Va
LIST
OF PROJECTS AND WORKS UNDER THE AUTHORITY OF FIRE SAFETY DESIGN APPRAISAL OF
POLICE DEPARTMENT OF FIRE PREVENTION AND FIGHTING AND RECUSE
(Issued together with Decree No. 50/2024/ND-CP dated May 10, 2024, of the
Government)
1. Buildings with a height of over
150 meters.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
3. Projects of national
importance; the National Assembly Building, the President's Palace, the
Government Headquarters, the Central Communist Party Headquarters; office
buildings of central-level public security agencies.
4. Projects, regardless of the
source of investment capital, which meet the criteria for classifying projects
into Group A according to the regulations on public investment (except for
projects invested in construction using the state budget with the province as
the investor) and have works falling into one of the following cases:
a) Shopping centers with a total
floor area of over 30,000 m2.
b) Buildings with 25 floors or
more: office buildings of businesses, political and social organizations,
apartment buildings, tenement houses, dormitories, mixed-use buildings, hotels,
guesthouses, motels, buildings of post offices, telecommunications facilities,
data storage and management centers, radio and television facilities.
c) Airports, subways.
d) Nuclear facilities; facilities
for production of industrial explosives and explosive precursors.
dd) Oil refineries; gas processing
plants; biofuel plants with a total capacity of over 500,000 tonnes of
products/year; oil and gas depots with a total storage capacity of over 100,000
m3; liquefied gas storage depots with a total storage capacity of over 100,000
m3.
e) Iron and steel complexes with
blast furnace capacity of over 1,000 m3; cash-printing factories; automobile
manufacturing and assembly plants with a total output of over 10,000
vehicles/year; motorcycle manufacturing and assembly plants with a total output
of over 500,000 vehicles/year; factories producing basic chemicals, hazardous
and toxic chemicals, inorganic and organic chemicals, other industrial
chemicals with a total output of 10,000 tonnes/year or more; factories
producing, filling and storing petrochemical products with a total output of
50,000 tonnes/year or more; chemical battery factories with a total output of
over 250 million cells/year; factories for production and recycling batteries
with a total output of over 300,000 KWh/year; factories producing tires and
tires for cars, tractors with a total output of over 1 million tires/year;
paint factories with a total output of over 100,000 tonnes/year; pulp and paper
factories with a total output of over 100,000 tonnes of products/year;
cigarette factories with a total output of over 200 million packs of
cigarettes/year; electronics (electro-refrigeration) manufacturing/assembly
plants with a total output of over 300,000 products/year; factories
manufacturing information and electronics components and spare parts with a
total output of over 400 million products/year).
g) Thermal power plants with a
total capacity of 600 MW or more; hydropower plants with a total capacity of
over 1,000 MW; waste-to-energy plants with a total capacity of over 70 MW;
substations with voltage of 500 kV or more.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
APPENDIX Vb
LIST
OF PROJECTS, WORKS, MOTOR VEHICLES UNDER THE AUTHORITY OF FIRE SAFETY DESIGN
APPRAISAL OF FIRE DEPARTMENTS
(Issued together with Decree No. 50/2024/ND-CP dated May 10, 2024, of the
Government)
1. Motor vehicles subject to
special fire safety requirements within their management areas except for motor
vehicles subject to fire safety requirements manufactured or converted for
military purpose by national defense facilities.
2. Projects and construction works
within their management areas included in Appendix V, except for national
defense facilities operating for military purposes and projects and works
specified in Appendix Va.
3. Projects and works within their
management areas listed in Appendix Va when renovating or repurposing to fall
under the cases specified in point b of Clause 5 of this Decree.
APPENDIX VI
LIST
OF FIRE PREVENTION AND FIGHTING EQUIPMENT
(Issued together with Decree No. 50/2024/ND-CP dated May 10, 2024 of the
Government)
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) Fire trucks: fire trucks with
water tanks, fire trucks without water tanks, airport fire trucks, forest fire
trucks, chemical fire trucks (powder, foam, gas), tunnel fire trucks, railway
fire trucks, amphibious fire trucks;
b) Specialized vehicles for
firefighting: ladder trucks; bucket trucks; command trucks; command information
center trucks; fire scene investigation trucks; firefighting lighting trucks;
pumping station trucks; water trucks; vehicle transport trucks; troop transport
trucks; chemical transport trucks; ambulance and rescue trucks; smoke
extraction trucks; repair and maintenance trucks; logistics vehicles; cranes;
chemical, biological and nuclear hazardous waste handling vehicles; fire
extinguishing gas supply trucks; vehicles transporting and recharging fire
extinguishers; fire hose trucks; refueling trucks; ambulances; firefighting
motorcycles;
c) Firefighting aircraft;
firefighting ships; firefighting boats; firefighting speed boats; other
motorized firefighting floating structures;
d) Mobile firefighting pumps;
dd) Other motorized vehicles: clean
air filling machines; cutting, sawing, drilling, punching, hammering, hoisting,
towing, ballasting, jacking, lifting equipment (using engines), vegetation
processing equipment (vegetation cutters, lawn mowers); smoke blowers; smoke
exhaust fans; generators; blowers; engine-powered shoulder-worn fire
extinguishers.
2. Common fire-fighting equipment
a) Fire hoses and suction hoses;
b) Fire sprinkler nozzles;
c) Fire couplings, three-way and
two-way couplings, ejectors;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
e) Fire ladders;
f) Fire extinguishers of all
types: powder, foam, gas, water based.
3. Fire extinguishing agents of
all kinds: water-based fire extinguishing chemicals, fire extinguishing powder,
fire extinguishing gas, fire extinguishing foam.
4. Fire alarm system equipment: fire
alarm control panels, fire detectors of all types, early fire warning devices,
modules of all types, fire bells, fire alarm lights, fire alarm buttons, fire
alarm buttons, fire alarm sound and evacuation guidance systems.
5. Firefighting system equipment
(gas, aerosol, water, powder, foam): fire pumps, jockey pumps; fire control
cabinets; bells, sirens, lights, fire extinguishing agent discharge signs;
alarm valves, overflow valves, monitoring valves, zone selection valves,
pressure switches, flow switches; on-metallic pipes used in automatic fire
sprinkler systems, flexible hoses used for fire sprinklers; fire hydrant
outlets, fire nozzles of all types; cylinders, containers for gases, aerosols,
powders, and fire-fighting foams of all kinds.
6. Emergency exit signs, emergency
lights.
7. Personal protective clothing
and equipment
a) Firefighting pants, shirts,
hats, boots, gloves, shoes, belts, glasses, masks; heat-resistant pants,
shirts, hats, boots; electrical insulating boots, gloves; personal lighting
devices;
b) Gas masks; isolation
respirators; personal breathing apparatus for firefighting, rescue.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
9. Rudimentary demolition tools
and equipment: pliers, saws, hammers, axes, hoes, shovels, crowbars,
multipurpose demolition tools, sickles, machetes, rakes, fire fighting brooms.
10. Equipment and tools for
communication, firefighting command, and rescue
a) Command desks, command tents, command
flags, firefighting and rescue command tapes;
b) Wired communication systems;
c) Wireless communication systems,
monitoring devices for command of forest fires, airborne, handheld GPS.
APPENDIX VII
LIST
OF FIRE PREVENTION AND FIGHTING EQUIPMENT SUBJECT TO INSPECTION
(Issued together with Decree No. 50/2024/ND-CP dated May 10, 2024 of the
Government)
1. Fire pumps.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
3. water-based fire extinguishing
agents, fire extinguishing foams, fire extinguishing powder.
4. Fire alarm devices: fire alarm
control panels, fire detectors of all types, fire bells, fire alarm lights,
fire alarm buttons.
5. Equipment of firefighting
extinguishing system (gas, aerosol, water, water-based or foam-based or
powder-based firefighting agents): automatic gas fire suppression system
control cabinets; bells, sirens, lights of fire extinguishing agent discharge,
fire extinguishing agent discharge buttons; alarm valves, overflow valves;
non-metallic pipes and fittings used in indoor fire sprinkler systems or
automatic water fire suppression systems, flexible hoses used for fire nozzles;
fire nozzles of all types; gas cylinders.
6. Emergency exit signs, emergency
lights.