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MINISTRY
OF PUBLIC SECURITY OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 06/2022/TT-BCA
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Hanoi,
January 17, 2022
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CIRCULAR
ON THE PROCEDURES FOR PERFORMING FIRE PREVENTION,
FIREFIGHTING, AND RESCUE TASKS IN THE PEOPLE’S PUBLIC SECURITY FORCE
Pursuant to the Law on Fire
Prevention and Fighting dated June 29, 2001; the Law on amendments to the Law
on Fire Prevention and Fighting dated November 22, 2013;
Pursuant to the Law on Penalties
for Administrative Violations dated June 20, 2012; Law on amendments to the Law
on Penalties for Administrative Violations dated November 13, 2020;
Pursuant to Decree No.
166/2013/ND-CP dated November 12, 2013 of the Government on enforcement
measures for administrative penalty decisions;
Pursuant to Decree No.
83/2017/ND-CP dated July 18, 2017 of the Government on rescue operations of
fire prevention and fighting forces;
Pursuant to Decree No. 61/2018/ND-CP
dated April 23, 2018 of the Government on the implementation of the
single-window and interconnected single-window mechanism in administrative
procedures;
Pursuant to Decree No.
65/2018/ND-CP dated May 12, 2018 of the Government on elaboration of certain
articles of the Law on Railways;
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Pursuant to Decree No.
42/2020/ND-CP dated April 8, 2020 of the Government on the list of dangerous
goods, transport of dangerous goods by motor vehicles on roads, and transport
of dangerous goods on inland waterways;
Pursuant to Decree No.
136/2020/ND-CP dated November 24, 2020 of the Government on elaboration of and
measures for implementing the Law on Fire Prevention and Fighting and the Law
on amendments to the Law on Fire Prevention and Fighting;
Pursuant to Decree No.
118/2021/ND-CP dated December 23, 2021 of the Government on elaboration of and measures
for implementation of the Law on Penalties for Administrative Violations;
At the request of the Director
of the Fire and Rescue Police Department;
The Minister of Public Security
hereby issues this Circular on the procedures for performing fire prevention,
firefighting, and rescue tasks in the People’s Public Security force.
Chapter I
GENERAL PROVISIONS
Article 1.
Scope
This Circular provides regulations
on the procedures for performing fire prevention, firefighting, and rescue
tasks carried out by commissioned officers and non-commissioned officers of the
People’s Public Security force (hereinafter referred to as officers),
including: Appraisal of design and
inspection of acceptance results for fire prevention and firefighting;
inspection and issuance of Certificates of fire prevention and firefighting
equipment inspection; issuance, replacement, and reissuance of Certificates of
training in fire prevention, firefighting, and rescue, Practicing certificates
for fire prevention and firefighting consultancy, and Certificates of
eligibility for fire prevention and firefighting services; issuance of Permits
for transporting hazardous and flammable goods by motor vehicles on roads,
inland waterways, and railways; approval and reapproval of firefighting plans
for establishments; resumption of operations for establishments, motor
vehicles, households, and individuals; imposing administrative penalties in the
field of fire prevention, firefighting, and rescue; enforcement measures for
administrative penalty decisions in the field of fire prevention, firefighting,
and rescue.
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1.
Comply with the Law on Fire Prevention and Fighting, the Law on
amendments to the Law on Fire Prevention and Fighting, detailed regulations,
this Circular, and other relevant legal provisions.
2.
Ensure consistency in the organization, direction, and implementation of
fire prevention, firefighting, and rescue tasks.
3.
Clearly assign and delegate responsibilities to ensure the quality and
timely completion of assigned tasks.
Article 3.
Timeframe for application submission and receipt
The submission and receipt of
internal application within the People's Public Security force, as regulated by
this Circular, shall be carried out between the application reception
department and the unit or department responsible for processing the
application, in specific:
1.
Application submission and receipt must be completed during working
hours as prescribed. For application submitted
at the end of the working day, the submission and receipt must occur at the
beginning of the next working day.
2.
The Director of the Department of Fire Prevention, Firefighting, and
Rescue Police, and the Director of the Province-level People’s Police, shall
specify the schedule for application submission and receipt for units under
their management, based on organizational structure.
Article 4.
Appendices and forms used in the process of performing fire prevention,
firefighting, and rescue tasks in the People’s Public Security force
Enclosed with this Circular are the
appendices and forms used in the process of performing fire prevention,
firefighting, and rescue tasks in the People’s Public Security force:
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2.
A process control form for monitoring the processing of fire prevention,
firefighting, and rescue dossier within the People’s Public Security force.
Chapter II
SPECIFIC PROVISIONS
Article 5.
Appraisal of fire prevention and firefighting design
1. The
preparation, submission, and processing of application for fire prevention and
firefighting design appraisal must comply with Clauses 4, 6, 7, 8, and 9 of
Article 13 in Decree No. 136/2020/ND-CP dated November 24, 2020 on elaboration
of and measures for implementing the Law on Fire Prevention and Fighting and
the Law on amendments to the Law on Fire Prevention and Fighting (hereinafter
referred to as Decree No. 136/2020/ND-CP).
2. Upon
receiving the application, the officer in charge must complete and record all
relevant information in the Process control form for processing fire
prevention, firefighting, and rescue (hereinafter referred to as the Process
Control Form), enclosed with this Circular. The form is then reported to the
authorized manager for approval and subsequently transferred to the assigned
unit or department for processing.
3. The leader
or commander of the assigned unit or department shall designate officers to
handle the design appraisal tasks using the Process control form issued with
this Circular.
4. The officer
in charge must review the submitted application in accordance with Clause 4,
Article 13 of Decree No. 136/2020/ND-CP, ensuring compliance with applicable
laws, regulations, and technical standards on fire prevention and firefighting.
The officer shall then proceed with the following:
a) Drafting feedback and appraisal
content:
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b) In cases of application
approval: Draft a written approval for the construction site or written
comments on fire prevention and firefighting solutions, or the Certificate of
appraisal of fire prevention and firefighting design using Form No. PC07 in
Appendix IX enclosed with Decree No. 136/2020/ND-CP, Draft a document approving
the construction site or a document providing comments on fire prevention and
firefighting solutions, or the Certificate of appraisal of fire prevention and
firefighting design using Form No. PC07 in Appendix IX enclosed with Decree No.
136/2020/ND-CP, or the Design appraisal document for fire prevention and
firefighting using Form No. PC09 in Appendix IX enclosed with Decree No.
136/2020/ND-CP, a fee payment notification for design appraisal and approval of
fire prevention and firefighting (if applicable), along with a report and proposal
submitted to the direct leadership or command for presentation to the competent
authority responsible for management for approval and signature. The submission
dossier components are specified in points a, b, c, d, dd, and g of Section 1
in the Appendix of submission dossier components on fire prevention,
firefighting, and rescue in the People’s Public Security (hereinafter referred
to as the Appendix of submission dossier components), enclosed with this
Circular;
c) In cases of application
rejection: Draft a written response specifying the reasons, along with a report
submitted to the direct leadership or command for presentation to the competent
authority responsible for management for approval and signature. The
submission dossier components are specified in points a, b, c, e, and g of
Section 1 in the Appendix of submission dossier components, enclosed with this
Circular.
d) After the Certificate of
appraisal of fire prevention and firefighting design or the design appraisal
document for fire prevention and firefighting is approved and signed: Affix the
appraisal seal for fire prevention and firefighting design using Form No. PC08
as prescribed in point d, clause 11, Article 13 of Decree No. 136/2020/ND-CP,
ensuring compliance with the following principles:
Affix the appraisal seal only to
explanatory documents and drawings that display the contents approved, in
accordance with the drawing symbols specified in the Certificate of appraisal
of fire prevention and firefighting design or the design appraisal document for
fire prevention and firefighting;
Complete the information on the
appraisal seal for fire prevention and firefighting design on the drawings,
including the number and issuance date of the Certificate of appraisal of fire
prevention and firefighting design or the design appraisal document for fire
prevention and firefighting;
dd) Handover of the Certificate of
appraisal of fire prevention and firefighting design or the design appraisal
document for fire prevention and firefighting: deliver it along with the
application bearing the "Appraisal seal for fire prevention and
firefighting design" and a notification document for fee payment for
design appraisal and approval of fire prevention and firefighting (if
applicable). Alternatively, provide a written response along with the
previously submitted dossier and the Process control form for application
processing to the results delivery division.
5. Prepare and
store appraisal dossier in accordance with regulations on operational dossiers
of the People’s Public Security.
For digital files (scanned or
copied versions) of the dossier bearing the "Appraisal seal for fire
prevention and firefighting design" submitted by the project owner, the
assigned unit or department responsible for the design appraisal of fire
prevention and firefighting must store them for future reference during
inspections of fire prevention and firefighting acceptance results.
Article 6.
Inspection of fire prevention and firefighting acceptance results
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If the application is not under the
jurisdiction of the receiving officer, the officer must record the information
in the Application rejection slip (Form No. 03) from the Appendix issued with
Circular No. 01/2018/TT-VPCP dated November 23, 2018 on implementation of the
single-window and interconnected single-window mechanism for administrative
procedures (hereinafter referred to as Circular No. 01/2018/TT-VPCP). The
officer then returns the application to the submitting agency, organization, or
individual.
2. Upon
receiving the application, the officer in charge must complete and record all
relevant information in the Process control form enclosed with this Circular.
The form is then reported to the authorized manager for approval and
subsequently transferred to the assigned unit or department for processing.
3. The leader
or commander of the assigned unit or department shall designate officers to
handle the design appraisal tasks using the Process control form issued with
this Circular.
4. Officers
assigned to handle the application shall perform the following steps:
a) Propose the content, schedule,
and composition of the inspection team; draft an inspection plan for the fire
prevention and firefighting acceptance results; draft a notification document
for the project owner, vehicle owner, and related units. Submit these drafts to
the direct leadership or command for presentation to the competent authority
responsible for management for approval and signature, and send the finalized
documents to the project owner, vehicle owner, and relevant agencies or units;
b) During the inspection of fire
prevention and firefighting acceptance results, officers shall perform the
following tasks:
Introduce the inspection team
members and inform them about the content and plan of the inspection related to
the acceptance of fire prevention and firefighting measures for the
construction or special fire prevention and firefighting requirements of motor
vehicles;
Conduct the inspection of fire
prevention and firefighting acceptance results in accordance with the
provisions of Clause 3, Article 15 of Decree No. 136/2020/ND-CP, and document
the inspection findings using Form No. PC10 in Appendix IX enclosed with Decree
No. 136/2020/ND-CP.
c) Based on the inspection record
of acceptance results:
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In cases of application rejection:
Draft a written response specifying the reasons, along with a report submitted
to the direct leadership or command for presentation to the competent authority
responsible for management for approval and signature. The submission
dossier components are specified in points a, b, c, dd, and e of Section 2 in
the Appendix of submission dossier components for fire prevention,
firefighting, and rescue, enclosed with this Circular;
d) After the written approval for
fire prevention and firefighting acceptance results or the written response has
been approved, signed: assign a document number and affix the official seal in
accordance with regulations;
dd) Transfer the acceptance
dossier, along with the written approval for fire prevention and firefighting
acceptance results or the written response, and the Process control form to the
results delivery department.
5. Compile and
archive the fire prevention and firefighting acceptance dossier following the
operational dossier regulations of the People's Public Security.
Article 7.
Inspection and issuance of Certificates of fire prevention and firefighting
equipment inspection
1. The preparation, submission and
processing of application for inspection and issuance of Certificate of fire
prevention and firefighting equipment inspection shall comply with the
provisions of Clauses 5, 6, 7, 8, and 9 of Article 38 in Decree No.
136/2020/ND-CP.
If the application for inspection
and issuance of the Certificate of fire prevention and firefighting equipment
inspection is beyond the processing authority, the receiving officer shall
record the information in the Application rejection slip using Form No. 03 in
the Appendix issued with Circular No. 01/2018/TT-VPCP and return the dossier to
the respective agency, organization, or individual.
2. Upon
receiving the application, the officer in charge must complete and record all
relevant information in the Process control form enclosed with this Circular.
The form is then reported to the authorized manager for approval and
subsequently transferred to the assigned unit or department for processing.
3. The leaders and commanders of
units assigned to conduct the inspection and issuance of Certificate of fire
prevention and firefighting equipment inspection shall assign officers to
perform tasks using the Dossier control slip issued with this Circular.
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a) For applications for issuance of
Certificate of fire prevention and firefighting equipment inspection:
Review the components, legality, and
compliance of the submitted documents as per points c and d, Clause 5, Article
38 of Decree No. 136/2020/ND-CP;
Verify and cross-check the content
of the equipment inspection report, test results, and related dossier in the
application against the requirements of technical standards or fire safety
regulations;
Based on the results of application
verification and comparison:
In cases of application approval:
Draft the Certificate of fire prevention and fighting equipment inspection
using Form No. PC29 from Appendix IX issued with Decree No. 136/2020/ND-CP.
Prepare a notification letter regarding the fee for printing the inspection
stamp for fire prevention and fighting equipment (if applicable). Report to the
direct leadership and command for submission to the competent authority for
approval and signature. The submission dossier components are specified in
points a, b, c, d, and l of section 3 in the Appendix of submission dossier
components issued with this Circular;
In cases of application rejection:
Draft a response letter detailing the outcome of the application for the
issuance of the Certificate of fire prevention and fighting equipment
inspection. Report to the direct leadership and command for submission to the
competent authority for approval and signature. The submission dossier
components are specified in points a, b, d, and l of section 3 in the Appendix
of submission dossier components issued with this Circular;
b) For applications for inspection
and issuance of Certificate of fire prevention and firefighting equipment
inspection:
Conduct sampling of fire prevention
and fighting equipment and record the information using Form No. PC28 in
Appendix IX issued with Decree No. 136/2020/ND-CP;
Draft a written notification
regarding the inspection fee for fire prevention and fighting equipment.
Prepare a testing plan for the equipment. Submit these documents to the direct
leadership for approval and signature by the authorized management;
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If the test results meet the
requirements: Draft and complete Form No. PC25 in Appendix IX issued with
Decree No. 136/2020/ND-CP and proceed according to the regulations specified in
point a of this section. The submission dossier components are specified in points
a, b, c, dd, g, h, i, k, and l of section 3 in the Appendix of submission
dossier components issued with this Circular;
If the test results do not meet the
requirements: Draft a written response detailing the outcome of the application
for the inspection and issuance of the Certificate of fire prevention and
firefighting equipment inspection. Submit to the direct leadership for approval
and signature by the authorized management. The submission dossier components
are specified in points a, b, d, g, h, i, k, and l of section 3 in the Appendix
of submission dossier components issued with this Circular;
c) After the Certificate of fire
prevention and firefighting equipment inspection or the written response has
been approved and signed, assign a document number and affix the official
seal in accordance with regulations;
If issuing the Certificate of fire
prevention and firefighting equipment inspection accompanied by an inspection
stamp: register the inspection stamp number and accurately record it in the Certificate
of fire prevention and firefighting equipment inspection; draft a notification
to inform the applicant about the schedule for affixing the inspection stamp;
d) Deliver the Certificate of fire
prevention and firefighting equipment inspection or the written response
regarding the inspection request, along with the Dossier control slip, to the
results delivery division;
Collaborate with the applicant and
relevant specialized units to affix the inspection stamp in accordance with
regulations.
5. Prepare and archive the
application for issuance of the Certificate of fire prevention and firefighting
equipment inspection, as well as the inspection and certification dossiers,
following the professional dossier management regulations of the People's Public
Security.
Article 8.
Issuance, replacement, and reissuance of Certificates of training in fire
prevention, firefighting, and rescue
1. The preparation, submission, and
processing of applications for issuance, replacement, and reissuance of
Certificates of training in fire prevention, firefighting, and rescue must
comply with the provisions of Clauses 5, 6, 7, 8, 9, 10, and 11 of Article 33
of Decree No. 136/2020/ND-CP, and Clauses 5 and 6 of Article 11 of Decree No.
83/2017/ND-CP dated July 18, 2017 of the Government on the rescue operations of
the fire prevention and fighting force (hereinafter referred to as Decree No.
83/2017/ND-CP).
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3. The leaders or commanders of the
units assigned to carry out the inspection and issuance of Certificates of
training in fire prevention, firefighting, and rescue shall assign officers to
perform tasks using the Process control slip issued together with this
Circular.
4. Officers assigned to handle the
application shall perform the following steps:
a) In cases where agencies,
organizations, establishments, or individuals request the Public Security
agency to organize training, inspection, and issuance of new Certificates of
training in fire prevention and fighting: Coordinate with the agencies,
organizations, or establishments to develop a training plan; the plan should
clearly state the time, location, instructors, participants, training content,
conditions of facilities, and equipment meeting the requirements for theory and
practice, and submit it to the directly managing unit leader for approval;
organize training at the agreed location according to the approved program and
plan; conduct assessments and evaluations after the training concludes;
In cases where training institutions
for fire prevention and fighting operations organize training and request the
Public Security agency to inspect and issue Certificates of training in fire
prevention and fighting, agree with the requesting institution on the time,
location, and assessment methods;
b) For the issuance of new
Certificates of training in rescue operation: Coordinate with the agencies,
organizations, or establishments to develop a training plan; the plan should
clearly state the time, location, instructors, participants, training content,
conditions of facilities, and equipment meeting the requirements for theory and
practice, and submit it to the directly managing unit leader for approval;
organize training at the agreed location according to the approved program and
plan; conduct assessments and evaluations after the training concludes;
c) In cases where agencies,
organizations, establishments, or individuals request the Public Security
agency to organize training, inspection, and issuance of new Certificates of
training in fire prevention, fighting, and rescue: Coordinate with the
agencies, organizations, or establishments to develop a training plan; the plan
should clearly state the time, location, instructors, participants, training
content, conditions of facilities, and equipment meeting the requirements for
theory and practice, and submit it to the directly managing unit leader for
approval; organize training at the agreed location according to the approved
program and plan; conduct assessments and evaluations after the training
concludes;
In cases where establishments
self-organize training in fire prevention and fighting operations, they shall
comply with the provisions at Points a and b of this Clause;
d) For replacement or reissuance of
Certificates of training in fire prevention, firefighting, and rescue: Verify
the information of the applicant for the replacement or reissuance against the
previously issued training certificate applications;
dd) Based on the results of evaluations
and verification of application:
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In cases of application rejection:
Draft a written response specifying the reasons, along with a report submitted
to the direct leadership or command for presentation to the competent authority
responsible for management for approval and signature. The submission
dossier components must include items a, b, c, e, g, and h in Section 4 of the
Appendix of submission dossier components enclosed with this Circular;
e) After the Certificates of training
and documents for issuance of the following are reviewed and signed:
Certificate of training in fire prevention and firefighting, Certificate of
professional training in rescue, Certificate of professional training in fire
prevention, firefighting, and rescue, or the corresponding written response,
proceed with numbering and stamping in accordance with regulations;
g) Hand over the certificates of
professional training and documents for issuance of the following: Certificate
of training in fire prevention and firefighting, Certificate of training in
rescue; Certificate of training in fire prevention, firefighting, and rescue;
or the corresponding written response, along with the Process control slip to
the results delivery division.
5. Prepare and archive applications
for issuance, replacement, or reissuance of Certificates of training in fire
prevention, firefighting, and rescue in accordance with the regulations on the
management of professional dossiers of the People’s Public Security forces.
Article 9.
Issuance, replacement, and reissuance of Practicing certificate of fire
prevention and firefighting consultancy
1. The preparation, submission, and
processing of applications for issuance, replacement, and reissuance of
Practicing certificate of fire prevention and firefighting consultancy follow
the provisions in Clauses 1, 2, 3, 4, 5, 6, 7, 8, and 9 of Article 44 in Decree
No. 136/2020/ND-CP.
In cases where the application for
the issuance, replacement, or reissuance of the Practicing certificate for fire
prevention and firefighting consultancy does not fall under the authority to
resolve, the officer receiving the application shall record the information in
the Application rejection slip as per Form No. 03 in the Appendix issued with
Circular No. 01/2018/TT-VPCP and return the dossier to the agency,
organization, or individual.
2. Upon receiving the application,
the officer in charge must complete and record all relevant information in the
Process control form enclosed with this Circular. The form is then reported to
the authorized manager for approval and subsequently transferred to the
assigned unit or department for processing.
3. The leader
or commander of the unit assigned to handle the issuance, replacement, or
reissuance of the Practicing certificate for fire prevention and firefighting
consultancy shall assign officers to carry out the task using the Process
control slip issued with this Circular.
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a) In cases of application
approval: Draft the Practicing certificate for fire prevention and firefighting
consultancy according to Form No. PC32 in Appendix IX issued with Decree No.
136/2020/ND-CP, report to the immediate leader or commander, and submit it to
the authorized manager for approval and signature. The submission dossier
components are specified in Points a, b, c, d, and e of Section 5 in the
Appendix of submission dossier components for submission issued with this
Circular;
b) In cases of application
rejection: Draft a written response specifying the reasons, along with a report
submitted to the direct leadership or command for presentation to the competent
authority responsible for management for approval and signature. The
submission dossier must include components specified in points a, b, c, đ, and
e of Section 5 in the Appendix of submission dossier components for fire
prevention, firefighting, and rescue, enclosed with this Circular;
c) After the Practicing certificate
for fire prevention and firefighting consultancy or the written response is
approved and signed: proceed with numbering and stamping in accordance with
regulations;
d) Hand over the Practicing
certificate for fire prevention and firefighting consultancy or the written
response, along with the Process control slip, to the results delivery
division.
5. Prepare
and archive applications for issuance, replacement, or reissuance of Practicing
certificate for fire prevention and firefighting consultancy in accordance with
the regulations on the management of professional dossiers of the People’s
Public Security forces.
Article 10.
Issuance, replacement, and reissuance of Certificates of eligibility for fire
prevention and fighting services
1. The
preparation, submission, and processing of applications for issuance,
replacement, and reissuance of Certificate of eligibility for fire prevention
and firefighting services follow the provisions in Clauses 1, 2, 3, 4, 5, 6, 7,
8, 9 and 10 of Article 45 in Decree No. 136/2020/ND-CP.
If the application for issuance,
replacement, and reissuance of Certificate of eligibility for fire prevention
and firefighting services is beyond the authorized jurisdiction, officers
record details in the Application rejection slip (Form No. 03), per Appendix of
Circular No. 01/2018/TT-VPCP, and return the dossier to the respective agency,
organization, or individual.
2. Upon
receiving the application, the officer in charge must complete and record all
relevant information in the Process control form enclosed with this Circular.
The form is then reported to the authorized manager for approval and
subsequently transferred to the assigned unit or department for processing.
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4. The officer
assigned to process the dossier is responsible for reviewing and
cross-referencing the received dossier with the requirements stipulated in
Clause 41, Article 136/2020/ND-CP of Decree No. 136/2020/ND-CP and performing
the following steps:
a) In cases of application
approval: Draft the Certificate of eligibility for fire prevention and
firefighting services according to Form No. PC34 in Appendix IX issued with
Decree No. 136/2020/ND-CP, report to the immediate leader or commander, and
submit it to the authorized manager for approval and signature. The submission
dossier components are specified in Points a, b, c, d, and e of Section 6 in
the Appendix of submission dossier components for submission issued with this
Circular;
b) In cases of application
rejection: Draft a written response specifying the reasons, along with a report
submitted to the direct leadership or command for presentation to the competent
authority responsible for management for approval and signature. The
submission dossier must include components specified in points a, b, c, dd, and
e of Section 6 in the Appendix of submission dossier components for fire
prevention, firefighting, and rescue, enclosed with this Circular;
c) After the Certificate of
eligibility for fire prevention and firefighting services or the written
response has been approved, signed: proceed with numbering and stamping in
accordance with regulations;
d) Hand over the Certificate of
eligibility for fire prevention and firefighting services or the written
response, along with the Process control slip, to the results delivery
division.
5. Prepare
and archive applications for issuance, replacement, or reissuance of
Certificate of eligibility for fire prevention and firefighting services in
accordance with the regulations on the management of professional dossiers of
the People’s Public Security forces.
Article 11.
Issuance of Permits for transporting hazardous flammable and explosive goods by
motor vehicles on roads, inland waterways, and railways
1. The
preparation and processing of applications for issuance of the Permit for
transporting hazardous flammable and explosive goods comply with Clauses 1 to
6, Article 9 of Decree No. 136/2020/ND-CP.
If the application for issuance of
the Permit for transporting hazardous flammable and explosive goods by motor
vehicles on roads, inland waterways, and railways falls outside the
jurisdiction of the competent authority, the receiving officer must fill in the
Application rejection slip using Form No. 03, as provided in the Appendix of
Circular No. 01/2018/TT-VPCP and return the dossier to the respective agency,
organization, or individual.
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3. The leaders
and commanders of units assigned to conduct the inspection and issuance of the
Permit for transporting hazardous flammable and explosive goods by roads,
inland waterways, and railways shall assign officers to perform tasks using the
Dossier control slip issued with this Circular.
4. Officers
assigned to handle the application shall perform the following steps:
a) Inspect the components of the
dossier and the contents of the documents included in the application for the
issuance of a Permit for transporting hazardous flammable and explosive goods
by motor vehicles on roads, inland waterways in accordance with Clause 2,
Article 17 of Decree No. 42/2020/ND-CP dated April 8, 2020 of the Government on
the list of dangerous goods, the transport of dangerous goods by motor vehicles
on roads, and the transport of dangerous goods on inland waterways (hereinafter
referred to as Decree No. 42/2020/ND-CP), and the application for the issuance
of a Permit for the transport of dangerous goods by rail as stipulated in
Clause 2, Article 9 of Decree No. 136/2020/ND-CP;
Propose the content, schedule, and
composition of the inspection team (if applicable), draft the inspection plan
and inspection notification document, and report to the immediate leader or
commander for submission to the authorized manager for approval and signature.
Once approved, send the documents to the unit requesting the Permit for
transporting hazardous flammable and explosive goods. In cases where authorization
is granted to lower-level public security agencies to inspect fire safety
conditions for transport vehicles, the draft inspection plan and the inspection
notification document must clearly specify the details and provide information
to the lower-level public security agencies for implementation;
Implement the provisions of Clause
7, Article 9 of Decree No. 136/2020/ND-CP to organize inspections of fire
safety conditions for transport vehicles in accordance with the content
specified in Clause 3, Article 8 of Decree No. 136/2020/ND-CP;
The authority responsible for
issuing the Permit for transporting hazardous flammable and explosive goods, as
specified in Clause 8, Article 9 of Decree No. 136/2020/ND-CP, may, based on
practical circumstances, jurisdiction, operational requirements, and available
conditions, authorize lower-level public security agencies to inspect fire
safety conditions for transport vehicles in accordance with the content
specified in Clause 3, Article 8 of Decree No. 136/2020/ND-CP and submit the
inspection results to the competent authority for consideration and issuance of
the Permit for transporting hazardous flammable and explosive goods as
prescribed;
b) Based on the results of dossier
review and inspection of fire safety conditions for transport vehicles carrying
hazardous flammable and explosive goods:
In cases of application approval:
Draft the Permit for transporting hazardous flammable and explosive goods
according to Form No. PC05 and the hazardous flammable and explosive goods
label according to Form No. PC01 in Appendix IX issued with Decree No.
136/2020/ND-CP, report to the immediate leader or commander, and submit it to
the authorized manager for approval and signature. The submission dossier
components must include items a, b, c, d, dd, g, and h in Section 7 of the
Appendix of submission dossier components enclosed with this Circular;
In cases of application rejection:
Draft a written response specifying the reasons, along with a report submitted
to the direct leadership or command for presentation to the competent authority
responsible for management for approval and signature. The submission dossier components must include items a, b, c, d,
dd, g, and h in Section 7 of the Appendix of submission dossier components
enclosed with this Circular;
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d) Hand over the Permit for transporting
hazardous flammable and explosive goods, the hazardous flammable and explosive
goods label, or the written response, along with the Process control slip, to
the results delivery division.
5. Prepare
and archive dossiers for the issuance of the Permit for transporting hazardous
flammable and explosive goods in accordance with the regulations on the
management of professional dossiers of the People’s Public Security forces.
Article 12.
Approval or reapproval of firefighting plans for establishments
1. The
preparation, receipt, and processing of the application for approval or
reapproval of the firefighting plan of an establishment shall comply with the
provisions of Clauses 4, 5, 6, 7, and 8, Article 19 of Decree No.
136/2020/ND-CP.
In cases where the firefighting
plan does not fall under the approval authority, the officer receiving the
application shall record the information in the Application rejection slip
according to Form No. 03 in the Appendix issued with Circular No.
01/2018/TT-VPCP and return the application to the agency, organization, or
individual.
2. Upon
receiving the application, the officer in charge must complete and record all
relevant information in the Process control form enclosed with this Circular.
The form is then reported to the authorized manager for approval and
subsequently transferred to the assigned unit or department for processing.
3. The leader or commander of the
unit assigned to approve the firefighting plan of the establishment is
responsible for assigning officers carry out the task using the Process control
slip issued with this Circular.
4. Officers
assigned to handle the application shall perform the following steps:
a) Assess the consistency of the
content of the firefighting plan with the type of establishment requesting
approval and the content specified in Form No. PC17 in Appendix IX issued with
Decree No. 136/2020/ND-CP;
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In the case of reapproving the
firefighting plan: Assess the consistency of
the additional or revised content with the hypothetical scenarios, local
firefighting forces, and firefighting equipment arrangement. Prepare a
comparison table to review and evaluate the additional or revised content
against Sections 2, 4, 5, 6, 7, 8, 9, 10, and 11 in the guidelines for
preparing the firefighting plan specified in Form No. PC17 in Appendix IX
issued with Decree No. 136/2020/ND-CP;
c) Based on the results of the
application review and evaluation:
In cases of application approval:
Report to the immediate leader or commander for submission to the authorized manager
for approval of the firefighting plan. The submission dossier components are
specified in Points a, b, c, and dd of Section 8 in the Appendix of submission
dossier components issued with this Circular;
In cases of application rejection:
Draft a written response stating the reasons clearly, report to the immediate
leader or commander, and submit it to the authorized manager for approval and
signature. The submission dossier components are specified in points a,
b, d, and l of section 8 in the Appendix of submission dossier components
issued with this Circular;
d) After the establishment's
firefighting plan is approved or the written response is signed and approved:
proceed with numbering and stamping in accordance with regulations;
dd) Hand over the approved
firefighting plan of the establishment or the written response, along with the
Process control slip, to the results delivery division.
5. Prepare and
archive the dossier for the approval of the establishment's firefighting plan in
accordance with the regulations on managing professional dossiers of the
People’s Public Security forces.
Article 13.
Resumption of operations for establishments, motor vehicles, households, and
individuals
1. The
procedure for resuming operations for establishments, motor vehicles,
households, and individuals shall comply with the provisions of Article 18 of
Decree No. 136/2020/ND-CP.
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Article 14.
Administrative penalties in fire prevention, firefighting, and rescue for cases
without issuing a violation record
Administrative penalties in cases where
no violation record is issued shall follow these steps:
1. Force the
cessation of the administrative violation in accordance with Article 55 of the
Law on Handling Administrative Violations 2012, as amended in 2020.
2. Issue an
administrative penalty decision under the authority, using Form No. 01 issued
with Decree No. 118/2021/ND-CP dated December 23, 2021, of the Government on
elaboration of and measures for the implementation of the Law on Handling
Administrative Violations (hereinafter referred to as Decree No.
118/2021/ND-CP).
3. Enforce the
penalty decision without issuing a violation record as stipulated in Article 69
of the Law on Handling Administrative Violations 2012, as amended in 2020.
In cases where organizations or
individuals fail to comply with the penalty decision, implement enforcement
measures for administrative penalty decisions based on the provisions of
Articles 86, 87, and 88 of the Law on Handling Administrative Violations 2012,
as amended in 2020.
4. Prepare and
archive administrative penalty dossiers in the field of fire prevention,
firefighting, and rescue in accordance with the regulations on managing
professional dossiers of the People’s Public Security forces.
Article 15.
Administrative penalties in fire prevention, firefighting, and rescue for cases
with a violation record
Administrative penalties for cases
where a violation record is issued shall follow these steps:
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2. Issue a
violation record in accordance with Article 58 of the Law on Handling
Administrative Violations 2012, as amended in 2020, and Form No. 01 issued with
Decree No. 118/2021/ND-CP.
In cases where the violation involves
confiscated evidence or means of administrative violation, report to the
authorized person to issue a decision on temporary seizure of evidence or means
of administrative violation using Form No. 20 issued with Decree No.
118/2021/ND-CP. Organize the temporary seizure in accordance with Article 125
of the Law on Handling Administrative Violations 2012, as amended in 2020.
3. Prepare the
violation dossier and report it to the immediate leader or commander for
consultation with the authorized person to assign a unit or propose the
authorized person to transfer the dossier to the assigned unit or department
for resolution.
4. The leader
or commander of the unit assigned to handle the dossier shall assign officers
to carry out the task using the Process control slip issued with this Circular.
5. Officers
assigned to handle the application shall perform the following steps:
a) Verify the circumstances of the
administrative violation if the circumstances specified in Clause 1, Article 59
of the Law on Handling Administrative Violations 2012, as amended in 2020, are
applicable. Fill out the information in Form No. 05 issued with Decree No.
118/2021/ND-CP and determine the penalty authority (if applicable);
b) Based on the violation dossier
and the results of the verification in Point a, Clause 5 of this Article: Draft
an administrative penalty decision using Form No. 02 issued with Decree No.
118/2021/ND-CP if the case falls within the penalty authority.
In cases exceeding the penalty
authority: Draft the following documents for submission to the immediate leader
or commander for presentation to the authorized person for approval and
signature: Administrative penalty decision using Form No. 02 issued with Decree
No. 118/2021/ND-CP; Decision on confiscation of evidence or means of
administrative violation using Form No. 14 issued with Decree No.
118/2021/ND-CP (if applicable); or Decision on the enforcement of remedial
measures using Form No. 15 issued with Decree No. 118/2021/ND-CP in cases where
no penalty decision is issued as prescribed (if applicable). The submission
dossier components are specified in Section 9 of the Appendix of submission
dossier components issued with this Circular;
c) After the administrative penalty
decision, decision on confiscation of evidence or means of administrative
violation (if applicable), or decision on applying remedial measures (if
applicable) is approved and signed: proceed with numbering and stamping in
accordance with regulations;
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6. Based on
Clause 2, Article 73 of the Law on Handling Administrative Violations 2012, as
amended in 2020, the authorized person who issued the penalty decision is
responsible for organizing the enforcement of the administrative penalty
decision, decision on confiscation of evidence or means of administrative
violation (if applicable), or decision on applying remedial measures (if
applicable). They must assign officers to monitor the implementation of the decision
by the violating individual or organization.
In cases where the penalized
individual or organization does not voluntarily comply with the penalty
decision, enforcement measures for the administrative penalty decision shall be
organized in accordance with Point a, Clause 1, Article 86 of the Law on
Handling Administrative Violations 2012, as amended in 2020.
7. In cases
where dossiers are received from criminal procedure agencies requesting
penalties for fire and explosion incidents, the following steps shall be taken:
a) The leader or commander assigns
officers to receive the document requesting the administrative penalty and
review the dossier components transferred by the criminal procedure agency in
accordance with Article 63 of the Law on Handling Administrative Violations
2012, as amended in 2020. If the dossier is incomplete, request additional
dossier;
b) After receiving the dossier in
accordance with regulations, the officer receiving the dossier shall prepare
and fully record the information in the Process control slip issued with this
Circular and perform the following tasks:
Review and examine the dossier; if
the basis for proposing the issuance of an administrative penalty decision is insufficient,
consult with the unit's leader or commander and report to the superior
authority for instructions;
If the administrative violations in
the dossier have been identified and agreed upon, proceed as prescribed in
Clauses 5 and 6 of this Article;
Draft a notification of the results
of dossier resolution and report it to the immediate leader or commander for
submission to the authorized person for approval and signature. Send the
notification to the unit that initially transferred the dossier, ensuring
compliance with the timeframe specified in Point a, Clause 2, Article 17 of
Circular No. 55/2020/TT-BCA dated June 3, 2020, issued by the Minister of
Public Security on the assignment of responsibilities and coordination in the
investigation and resolution of fire and explosion incidents by the People's
Public Security forces.
8. Prepare and archive administrative penalty dossiers in the
field of fire prevention, firefighting, and rescue in accordance with the
regulations on managing professional dossiers of the People’s Public Security
forces.
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1. For the enforcement measure of
deducting a portion of wages or income, as stipulated in Point a, Clause 2,
Article 86 of the Law on Handling Administrative Violations 2012, as amended in
2020, the process is as follows:
a) Verify information on the wages
and income of the individual subject to enforcement in accordance with Article
9 of Decree No. 166/2013/ND-CP dated November 12, 2013, of the Government on
the enforcement measures for administrative penalty decisions (hereinafter
referred to as Decree No. 166/2013/ND-CP);
b) Based on the verification
results, draft the Decision on deducting a portion of wages or income using
Form No. 07 issued with Decree No. 118/2021/ND-CP and report it to the
immediate leader or commander for submission to the authorized person for
approval and signature;
The submission dossier components
are specified in Points a, d, g, h, and i of Section 9 in the Appendix of
submission dossier components issued with this Circular;
c) After the Decision on deducting
a portion of wages or income is approved and signed: proceed with
numbering and stamping in accordance with regulations;
d) Send the enforcement decision to
the organization or individual subject to enforcement and related organizations
or individuals in accordance with Article 5 of Decree No. 166/2013/ND-CP;
dd) Monitor the implementation of
the enforcement decision until receiving a notification from the agency,
organization, or employer managing the wages or income of the individual
subject to enforcement, or from the agency disbursing social insurance to the
individual subject to enforcement, and from the State Treasury confirming that
the enforcement decision has been fully implemented.
2. For the enforcement measure of
deducting money from the account of a violating individual or organization, as
stipulated in Point a, Clause 2, Article 86 of the Law on Handling
Administrative Violations 2012, as amended in 2020, the process is as follows:
a) Verify information about the
account of the individual or organization subject to enforcement in accordance
with Article 14 of Decree No. 166/2013/ND-CP;
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The submission dossier components
are specified in Points a, c, and i of Section 9 in the Appendix of submission
dossier components issued with this Circular;
c) After the Decision on deducting
money from the account is approved and signed: proceed with numbering and
stamping in accordance with regulations;
d) Send the enforcement decision to
the organization or individual subject to enforcement and related organizations
or individuals in accordance with Article 5 of Decree No. 166/2013/ND-CP;
dd) Monitor the implementation of
the enforcement decision until receiving a notification from the State Treasury
receiving the deducted money, confirming that the individual or organization
subject to enforcement has fulfilled the enforcement decision.
3. For the enforcement measure of
seizing assets equivalent to the fine amount for auction, as stipulated in
Point b, Clause 2, Article 86 of the Law on Handling Administrative Violations
2012, as amended in 2020, the process is as follows:
a) Prepare an estimated budget for
enforcement costs in accordance with Clause 1, Article 5 of Circular No.
05/2017/TT-BTC dated January 16, 2017, issued by the Minister of Finance, which
provides guidance on the management, advance, and reimbursement of enforcement
costs for administrative penalty decisions. Report to the immediate leader or
commander for submission to the authorized enforcement officer for approval and
signature, and send it to the individual or organization subject to
enforcement;
b) Verify information about the
assets of the individual or organization subject to enforcement in accordance
with Article 20 of Decree No. 166/2013/ND-CP and record the information in the
verification record using Form No. 09 issued with Decree No. 118/2021/ND-CP;
c) Based on the verification results,
draft the Decision on enforcement by seizing assets equivalent to the fine
amount using Form No. 09 issued with Decree No. 118/2021/ND-CP, along with a
notification of asset seizure (unless such notification would hinder the
seizure process). Submit the draft to the immediate leader or commander for
presentation to the authorized person for approval and signature;
Draft a document requesting the
assistance of the same-level Mobile Police or Protective Police agency in cases
where maintaining order and safety is required during the enforcement process,
in accordance with regulations. Submit it to the immediate leader or commander
for presentation to the authorized person for approval and signature;
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d) After the Decision on
enforcement by seizing assets, the notification of asset seizure, and the
document requesting the assistance of the Mobile Police or Protective Police
agency (if applicable) are approved and signed: proceed with numbering and
stamping in accordance with regulations;
dd) Send the enforcement decision
to the individual or organization subject to enforcement and related organizations
or individuals in accordance with Articles 5 and 21 of Decree No.
166/2013/ND-CP. Notify the asset seizure to individuals and organizations as
stipulated in Clause 2, Article 21 of Decree No. 166/2013/ND-CP. If requesting
the same-level Mobile Police or Protective Police agency to assist in
maintaining order and safety during the enforcement process, issue the
notification in accordance with Clause 1, Article 7 of Decree No.
166/2013/ND-CP.
e) Organize the enforcement of
asset seizure in accordance with Articles 22 and 23 of Decree No.
166/2013/ND-CP. The enforcement results must be recorded using Form No. 12
issued with Decree No. 118/2021/ND-CP;
g) Report to the immediate leader
or commander for consultation with the authorized person on processing the
assets obtained from the seizure in accordance with Articles 24, 25, and 26 of
Decree No. 166/2013/ND-CP.
4. For the enforcement measure of
seizing money or other assets from the subject of enforcement held by another individual
or organization when the violator deliberately conceals assets after the
violation, as stipulated in Point c, Clause 2, Article 86 of the Law on
Handling Administrative Violations 2012, as amended in 2020, the process is as
follows:
a) Verify information about the
assets held by a third party on behalf of the subject of enforcement in
accordance with Article 29 of Decree No. 166/2013/ND-CP and record the
information in the verification record using Form No. 09 issued with Decree No.
118/2021/ND-CP;
b) Based on the verification
results, draft the Decision on enforcement to seize money or assets for
implementing the administrative penalty decision using Form No. 10 issued with
Decree No. 118/2021/ND-CP. Report it to the immediate leader or commander for
submission to the authorized person for approval and signature;
The submission dossier components
are specified in Points a, dd, g, h, and i of Section 9 in the Appendix of
submission dossier components issued with this Circular;
c) After the Decision on
enforcement to seize money or assets for implementing the administrative
penalty decision is approved and signed: proceed with numbering and stamping in
accordance with regulations;
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dd) Organize the enforcement of the
enforcement decision in accordance with Article 32 of Decree No.
166/2013/ND-CP. The enforcement results must be recorded using Form No. 10
issued with Decree No. 118/2021/ND-CP.
5. For the enforcement measure of
compelling the implementation of remedial measures as stipulated in Point d,
Clause 2, Article 86 of the Law on Handling Administrative Violations 2012, as
amended in 2020, the process is as follows:
a) Draft the Decision on
enforcement to compel the implementation of remedial measures using Form No. 11
issued with Decree No. 118/2021/ND-CP, along with a notification of the time
and location for organizing the enforcement. Request the commune-level People’s
Committee (where the enforcement is organized) to assign representatives to
participate. Report to the immediate leader or commander for submission to the
authorized person for approval and signature;
The submission dossier components
are specified in Points a, e, g, and h of Section 9 in the Appendix of
submission dossier components issued with this Circular;
b) After the Decision on
enforcement to compel the implementation of remedial measures and the
notification document are approved and signed: proceed with numbering and
stamping in accordance with regulations;
c) Send the enforcement decision to
the individual or organization subject to enforcement, to related organizations
or individuals in accordance with Article 5 of Decree No. 166/2013/ND-CP, and
the notification document to the commune-level People’s Committee (where the
enforcement is organized) as prescribed;
d) Organize the enforcement in
accordance with Articles 34 and 35 of Decree No. 166/2013/ND-CP. The
enforcement results must be recorded using Form No. 11 issued with Decree No.
118/2021/ND-CP.
6. The enforcement dossier for
implementing administrative penalty decisions in the field of fire prevention,
firefighting, and rescue is part of the administrative penalty dossier in the
same field and must be prepared and archived in accordance with the regulations
on managing professional dossiers of the People’s Public Security forces.
Chapter III
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Article 17.
Entry into force
1. This
Circular comes into force as of March 5, 2022.
2. Circular
No. 25/2018/TT-BCA dated August 6, 2018, issued by the Minister of Public
Security, on the procedures for appraising design and acceptance of fire
prevention and firefighting by the Fire prevention and firefighting police
force, ceases to be effective as of the effective date of this Circular.
3. Any
legal documents, articles, or clauses referenced in this Circular that are
amended, supplemented, or replaced will automatically apply in their amended,
supplemented, or replaced form.
Article 18.
Implementation responsibilities
1. The
General Director of the Department of Fire Prevention, Firefighting, and Rescue
Police is responsible for guiding, inspecting, and supervising the implementation
of this Circular; and for organizing the implementation of the provisions
specified in Point b, Clause 2 of this Article.
2. Directors
of province-level Public Security:
a) Are responsible for implementing
this Circular;
b) Organize the implementation of
Clauses 3 and 4 in Articles 5, 6, 7, 8, 9, 10, 11, and 12 of this Circular in
accordance with the actual conditions and the working regulations of the unit.
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MINISTER
General To Lam
APPENDIX
OF SUBMISSION DOSSIER COMPONENTS FOR FIRE PREVENTION,
FIREFIGHTING, AND RESCUE WITHIN THE PEOPLE’S PUBLIC SECURITY FORCE
(Enclosed with Circular No. 06/2022/TT-BCA dated January 17, 2022)
1. Submission
dossier for appraisal of fire prevention and firefighting design
a) Process control slip;
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c) Comparison table for appraisal
of fire prevention and firefighting design;
d) Draft written approval of the
construction site location, written comments for fire prevention and
firefighting solutions, certificate of appraisal of fire prevention and
firefighting design, or written appraisal for fire prevention and firefighting
design;
dd) Draft document notifying the
appraisal fee for fire prevention and firefighting;
e) Draft written response;
g) Receipt slip for the application
dossier, along with all documents and materials previously submitted by the
project owner, and the request for appraisal of fire prevention and
firefighting design or authorization document for appraisal of fire prevention
and firefighting design from the Fire prevention and fighting police force (if
applicable).
2. Submission
dossier for inspection of acceptance results on fire prevention and
firefighting
a) Process control slip;
b) Report on acceptance results for
fire prevention and firefighting;
c) Inspection records of acceptance
results on fire prevention and firefighting;
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dd) Draft written response;
e) Receipt slip for the application
dossier and all documents and materials previously submitted by the project
owner.
3. Submission
dossier for inspection and issuance of the Certificate of fire prevention and
firefighting equipment inspection
a) Process control slip;
b) Report and proposal on the
results of application verification and comparison;
c) Draft Certificate of fire
prevention and firefighting equipment inspection;
d) Draft written response on the results
of resolving the application for inspection and issuance of the Certificate of
fire prevention and firefighting equipment inspection;
dd) Draft document notifying the
fee for printing inspection labels for fire prevention and firefighting
equipment (if applicable);
e) Draft document notifying the
inspection fee for fire prevention and firefighting equipment;
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h) Sample collection record for
inspected equipment;
i) Testing plan for fire prevention
and firefighting equipment;
k) Inspection record for fire
prevention and firefighting equipment;
l) Receipt slip for processing fire
prevention and firefighting procedures and all documents in the dossier
submitted by the agency or organization previously, along with the
authorization document for equipment inspection from the Department of Fire
Prevention and Fighting Police (if applicable).
4. Submission dossier for issuance, replacement, or reissuance
of Certificates of training in fire prevention, firefighting, and rescue
a) Process control slip;
b) Report on results of archived
dossier verification and comparison (if any);
c) List and test results of
individuals (if applicable);
d) Draft decision on issuance of
the Certificate of training in fire prevention and firefighting, Certificate of
training in rescue, or Certificate of training in fire prevention,
firefighting, and rescue (appropriate to the training content or request for
replacement or reissuance);
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e) Draft written response;
g) Approved training organization
plan (if applicable);
h) Receipt slip for processing fire
prevention, firefighting, and rescue procedures and all documents in the
dossier submitted previously by the agency, organization, or individual.
5. Submission dossier for issuance, replacement, or reissuance
of Practicing certificates for fire prevention and firefighting consultancy
a) Process control slip;
b) Report and proposal on dossier
inspection results and review of archived dossiers (if applicable);
c) Checklist for reviewing and
comparing conditions for issuance of the Practicing certificate for fire
prevention and firefighting consultancy;
d) Draft Practicing certificate for
fire prevention and firefighting consultancy using Form No. PC32 in Appendix IX
issued with Decree No. 136/2020/ND-CP;
dd) Draft written response;
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6. Submission dossier for issuance, replacement, or reissuance
of the Certificate of eligibility for fire prevention and firefighting services
a) Process control slip;
b) Report and proposal on dossier
inspection results and review of archived dossiers (if applicable);
c) Checklist for reviewing and
comparing conditions for issuance of the Certificate of eligibility for fire
prevention and firefighting service business;
d) Draft Certificate of eligibility
for fire prevention and firefighting services using Form No. PC34 in Appendix
IX issued with Decree No. 136/2020/ND-CP;
dd) Draft written response;
e) Receipt slip for processing fire
prevention and firefighting procedures and all documents in the dossier
previously submitted.
7. Submission dossier for issuance of the Permit for
transporting hazardous flammable and explosive goods by motor vehicles on
roads, inland waterway transport, or rail
a) Process control slip;
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c) Inspection plan and inspection
notification for the unit requesting the Permit for transporting hazardous
flammable and explosive goods (if applicable);
d) Inspection record using Form No.
PC10 in Appendix IX issued with Decree No. 136/2020/ND-CP (if applicable);
dd) Report and proposal on whether
to issue or not issue the Permit for transporting hazardous flammable and
explosive goods;
e) Draft Permit for transporting
hazardous flammable and explosive goods using Form No. PC05 and hazardous
flammable and explosive goods label using Form No. PC01 in Appendix IX issued
with Decree No. 136/2020/ND-CP;
g) Draft written response;
h) Receipt slip for processing fire
prevention and firefighting procedures and all documents in the dossier
previously submitted.
8. Submission dossier for approval or reapproval of
firefighting plans for establishments
a) Process control slip;
b) Report on inspection and
evaluation results of the dossier;
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d) Draft written response;
dd) Receipt slip for processing
fire prevention and firefighting procedures and all documents in the dossier
previously submitted by the agency, organization, or individual.
9. Submission
dossier for administrative penalties in fire prevention, firefighting, and
rescue for cases with a violation record
a) Safety inspection record on fire
prevention, firefighting, and rescue; working minutes; inspection conclusion;
b) Violation record using Form No.
01 issued with Decree No. 118/2021/ND-CP;
c) Record of verification of the
circumstances of the administrative violation using Form No. 05 issued with
Decree No. 118/2021/ND-CP;
d) Record of testimony (if
applicable);
dd) Draft Decision on delegation of
authority for administrative penalties using Form No. 34 issued with Decree No.
118/2021/ND-CP (if applicable);
e) Draft Decision on administrative
penalties using Form No. 02 issued with Decree No. 118/2021/ND-CP;
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h) Explanation report from the
violator (if applicable); request for a direct explanation (if applicable);
minutes of the direct explanation session using Form No. 03 issued with Decree
No. 118/2021/ND-CP (if applicable);
i) Report and proposal for handling
administrative violations;
k) Report and proposal for
extending the processing time for administrative violations, or a document extending
the time for issuing a penalty decision (if applicable);
l) Process control slip;
m) Other documents and materials
related to the handling of administrative violations in the field of fire
prevention, firefighting, and rescue (if applicable).
10.
Submission dossier for enforcement of administrative penalty decisions in fire
prevention, firefighting, and rescue
a) Report and proposal for
enforcement of the administrative penalty decision;
b) Draft Decision on enforcement by
deducting a portion of wages or income;
c) Draft Decision on enforcement by
deducting money from an account;
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dd) Draft Decision on enforcement
to seize money or assets to implement the administrative penalty decision;
e) Draft Decision on enforcement to
compel the implementation of remedial measures;
g) Draft document to the Mobile
Police or Protective Police units;
h) Draft notification to the
subject of enforcement and the commune-level People’s Committee where the
enforcement is organized;
i) Documents related to the
verification of the assets of the subject of enforcement./.
PROCESS CONTROL SLIP FOR PROCESSING DOSSIERS ON FIRE
PREVENTION, FIREFIGHTING, AND RESCUE IN THE PEOPLE’S PUBLIC SECURITY FORCES
(Issued
with Circular No. 06/2022/TT-BCA dated January 17, 2022)
………(1)………..
…………(2)………….
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No.
/KSGQHS-P……
[Location]…,
[date]……………..
Dossier code: ...............................................................................................................
Unit (department)
processing the dossier: ................................................................................
Agency/unit
coordinating in processing the dossier: ..................................................................
NAME
OF UNIT (DEPARTMENT)
TIME
OF DOSSIER TRANSFER AND RECEIPT
DOSSIER
RESOLUTION RESULTS (Before deadline/on time/late)
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1. Transfer: ………
2. Receipt: …..
...hour...minute, date...month...year...
Transferred
by
...
...
...
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Received
by
(Signature
and full name)
1. Transfer: ………
2. Receipt: ………
...hour...minute, date...month...year...
...
...
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Transferred
by
(Signature
and full name)
Received
by
(Signature
and full name)
1. Transfer: ………
2. Receipt: ………
...
...
...
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...hour...minute, date...month...year...
Transferred
by
(Signature
and full name)
Received
by
(Signature
and full name)
...
...
...
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…
…
…
1. Transfer: ……..
2. Receipt: …….
...hour...minute, date...month...year...
...
...
...
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Transferred
by
(Signature
and full name)
Received
by
(Signature
and full name)
Notes:
(1) Name of the direct managing
agency or organization;
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