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THE GOVERNMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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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

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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;

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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.”.

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“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:

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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;

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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;”.

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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:

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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:

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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).

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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:

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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.”.

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“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:

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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.”.

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“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.”.

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“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:

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“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);

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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.”.

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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.

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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

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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.

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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;

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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.”.

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“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.

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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

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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.

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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.

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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.

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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.

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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.

 

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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)

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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;

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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.

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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.

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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.

 

 

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Decree No. 50/2024/ND-CP dated May 10, 2024 on amendments to Decree No. 136/2020/ND-CP 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 on rescue operations by fire departments
Official number: 50/2024/ND-CP Legislation Type: Decree of Government
Organization: The Government Signer: Pham Minh Chinh
Issued Date: 10/05/2024 Effective Date: Premium
Gazette dated: Updating Gazette number: Updating
Effect: Premium

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Decree No. 50/2024/ND-CP dated May 10, 2024 on amendments to Decree No. 136/2020/ND-CP 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 on rescue operations by fire departments

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