Decree No. 136/2020/ND-CP dated November 24, 2020 on providing guidelines for a number of Articles of Law on Fire Prevention and Fighting and Law on Amendments to Law on Fire Prevention and Fighting
THE GOVERNMENT | SOCIALIST REPUBLIC OF VIETNAM |
No. 136/2020/ND-CP | Hanoi, November 24, 2020 |
DECREE
PROVIDING GUIDELINES FOR A NUMBER OF ARTICLES OF LAW ON FIRE PREVENTION AND FIGHTING AND LAW ON AMENDMENTS TO LAW ON FIRE PREVENTION AND FIGHITNG
Pursuant to the Law on Government Organization dated June 19, 2015 and Law on Amendments to Law on Government Organization and Law on Local Government Organization dated November 22, 2019;
Pursuant to the Law on People’s Public Security Force dated November 20, 2018;
Pursuant to the Law on Fire Prevention and Fighting dated June 29, 2001 and Law on Amendments to Law on Fire Prevention and Fighting dated November 22, 2013;
At the request of the Minister of Public Security;
The Government hereby promulgates a Decree providing guidelines for a number of Articles of Law on Fire Prevention and Fighting and Law on Amendments to Law on Fire Prevention and Fighting.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Decree provides for fire prevention and fighting, organization of fire prevention and fighting forces and equipment, fire prevention and fighting service business, funding for fire prevention and fighting, responsibilities of ministries, ministerial-level agencies, Governmental agencies and People’s Committees at all levels for fire prevention and fighting.
Article 2. Regulated entities
This Decree is applicable to regulatory bodies, organizations, households and individuals operating and/or living in the territory of the Socialist Republic of Vietnam.
Article 3. Appendixes
Promulgated together with this Decree are the following appendixes:
1. Appendix I: List of facilities requiring fire management
2. Appendix II: List of facilities at risk of fire or explosion
3. Appendix III: List of facilities under police management
4. Appendix IV: List of facilities under management of commune-level People’s Committees
5. Appendix V: List of projects, works and motor vehicles requiring appraisal of fire safety design
6. Appendix VI: List of fire prevention and firefighting equipment
7. Appendix VII: List of fire prevention and firefighting equipment requiring inspection
8. Appendix VIII: Specifications of signal flags, signage, armband and tape used in firefighting operations
9. Appendix IX: Forms used in firefighting operations
Chapter II
FIRE PREVENTION
Article 4. Facilities requiring fire management
1. 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”), are subject to fire 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. List of facilities requiring fire management is provided for in Appendix I enclosed therewith.
Article 5. Fire safety requirements applicable to facilities
1. Any facility mentioned in the list in Appendix III enclosed therewith must satisfy the following fire safety requirements:
a) Regulations, prohibition signs, signage, plans or instruction signs concerning fire prevention, fighting and escape are provided in accordance with fire prevention and fighting regulations and standards or regulations of the Ministry of Public Security;
b) There are internal and specialized firefighting forces suitable for the facility’s characteristics and having received training in fire prevention and fighting operation, and on-site combat-ready firefighters according to regulations, excluding the case provided for in Point g Clause 2 Article 31 herein;
c) There is a firefighting plan approved by the competent authority.
d) Power system, lightning protection system, antistatic system, electrical equipment, spark-generating equipment, heat-generating equipment, and the use of fire sources and heat sources must ensure fire safety in accordance with regulations and standards on fire prevention and fighting or regulations of the Ministry of Public Security;
dd) There are sufficient and quality traffic system, water supply system and communication system supporting fire fighting, system for management of database on fire prevention and fighting, incident notification system, fire alarm system, firefighting system, fire blocking system, smoke blocking system, fire escape system, other fire prevention and fighting equipment, and rescue equipment in accordance with regulations and standards on fire prevention and fighting or regulations of the Ministry of Public Security;
e) The fire safety and firefighting authority (hereinafter referred to as “firefighting authority”) has issued a certificate of design appraisal and design appraisal document (if any) and written approval of fire safety commissioning results for projects and works included in the list in Appendix V enclosed therewith, 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.
2. Any facility mentioned in the list in Appendix IV enclosed therewith must satisfy the following fire safety requirements:
a) The requirements in Points a, c and d Clause 1 herein; a certificate of design appraisal and design appraisal document (if any) and written approval of fire safety commissioning results are required for the facilities included in the list in Appendix V enclosed therewith;
b) There are sufficient and quality traffic system, water supply system and communication system supporting fire fighting, fire alarm system, firefighting system, fire blocking system, smoke blocking system, fire escape system, other fire prevention and fighting equipment, and rescue equipment in accordance with technical regulations and standards on fire prevention and fighting or regulations of the Ministry of Public Security;
c) There are fire prevention and fighting regulations and task assignment. Persons in charge of fire prevention and fighting must join training and refresher courses on fire prevention and fighting operation according to regulations in Article 33 of this Decree.
3. Any regulatory body or organization located on the premises of a facility having satisfied the fire safety requirements in Clauses 1 and 2 herein shall perform the following tasks intra vires:
a) Ensure compliance with the requirements in Point a Clause 1 herein;
b) Use electrical equipment, spark-generating equipment, heat-generating equipment, fire sources and heat sources in accordance with fire safety requirements;
c) Assign persons to the facility’s internal firefighting force;
d) Cooperate with the facility head in complying with fire safety requirements intra vires.
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.
5. There are documents supporting management and monitoring of fire prevention and fighting of the facilities included in the lists in Appendix III and Appendix IV enclosed therewith, which are formulated and retained by facility heads. The components of these documents are provided for by the Ministry of Public Security.
Article 6. Fire safety requirements applicable to residential areas
1. A residential area is a place where individuals and households live as parts of a village, hamlet, mountain village, neighborhood and equivalent residential unit (hereinafter collectively referred to as “village”). A village is a residential area subject to fire management.
2. Residential areas must satisfy the following fire safety requirements:
a) Regulations on fire prevention and fighting and use of electricity, fire, flammable materials and explosives are provided in accordance with technical regulations and standards on fire prevention and fighting or regulations of the Ministry of Public Security;
b) There are sufficient and quality traffic system, water supply for firefighting, fire spread preventing solutions and, fire prevention and fighting equipment in accordance with technical regulations and standards on fire prevention and fighting or regulations of the Ministry of Public Security;
c) There is a firefighting plan approved by the competent authority.
d) There are a neighborhood having received training in fire prevention and fighting operation and on-site combat-ready firefighters.
3. Chairpersons of commune-level People’s Committees must organize and maintain compliance with the fire safety requirements in Clause 2 throughout the existence of the residential areas.
Article 7. Fire safety requirements applicable to households
1. Households must satisfy the fire safety requirements in Clause 1 Article 17 of the Law on Fire Prevention and Fighting.
2. Households engaging in business operations must satisfy the following fire safety requirements:
a) The requirements in Clause 1 herein;
b) Regulations on fire prevention and fighting and use of electricity, fire, flammable materials and explosives are provided in accordance with technical regulations and standards on fire prevention and fighting or regulations of the Ministry of Public Security;
c) There are solutions for fire escape, fire spread prevention and smoke blocking between the living quarters and the business area.
3. Household heads must organize and maintain compliance with the fire safety requirements in Clauses 1 and 2 herein throughout the existence of the households.
4. The households mentioned in Clause 2 herein and issued with the enterprise registration certificate must satisfy the fire safety requirements corresponding to the type of enterprise that they are according to regulations in Article 5 of this Decree.
Article 8. Fire safety requirements applicable to motor vehicles
1. Road motor vehicles with at least 04 seats must meet conditions for inspected operation; and materials and goods on the vehicles must be arranged in compliance with fire safety requirements.
Road motor vehicles with more than 09 seats, inland watercrafts and railway vehicles must satisfy the following requirements:
a) Regulations, prohibition signs, signage and instruction signs are provided in accordance with fire prevention and fighting regulations and standards or regulations of the Ministry of Public Security;
b) The power system, fuel, materials and goods on these vehicles must be arranged in compliance with fire safety requirements;
c) There are sufficient and quality firefighting equipment appropriate to the characteristics and operations of the vehicles in accordance with regulations and standards on fire prevention and fighting or regulations of the Ministry of Public Security;
d) There are fire prevention and fighting regulations and task assignment and on-site combat-ready firefighters.
2. The motor vehicles subject to special fire safety requirements mentioned in section 21 in Appendix V enclosed therewith 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, excluding motor vehicles subject to special fire safety requirements manufactured or converted for military purpose by national defense facilities;
c) There is a firefighting plan approved by the vehicle owner.
3. A motor vehicle may transport goods posing fire or explosion hazard on the road, inland waterway or railway when it has obtained the permit for transport of goods posing fire or explosion hazard issued by the police authority according to regulations of laws on road, inland waterway and railway transport of dangerous goods (excluding cases within the competence of the Ministry of National Defense) and must comply with the following fire safety requirements and maintain such compliance:
a) The requirements in Clause 1 herein;
b) The vehicle’s motor must be separated from the cargo compartment by fire-resistant materials or buffer chamber as per regulations;
c) The motor’s exhaust pipe must be covered and ensure fire and explosion safety;
d) The floor and structure of the cargo compartment and other areas of the vehicle at fire and explosion risk must be made of fire-resistant materials;
dd) Technical safety and environmental protection requirements per regulations;
e) Road vehicles transporting liquids posing fire or explosion hazard must be grounded;
g) Road motor vehicles must bear signage of goods posing fire and explosion hazards (Form No. PC01) on the windshield; railway vehicles must bear signage of goods posing fire and explosion hazards (Form No. PC01) on both of their sides throughout the transport process;
h) Inland watercrafts must fly the letter B signal flag in the day and set up red signal light at night throughout the transport process. Specifications and standards of the signal flag and light are provided for by the Ministry of Transport.
4. Drivers and crewmembers of vehicles transporting passengers and goods posing fire and explosion hazards shall comply with the following requirements:
a) Drivers must have a driving license according to regulations of laws on road, inland waterway and railway transport;
b) Drivers and crewmembers of motor passengers vehicles with more than 29 seats and motor vehicles transporting goods posing fire and explosion hazards shall participate in training and refresher courses on fire prevention and fighting according to regulations in Article 33 herein.
Article 9. Issuance of licenses to transport goods posing fire and explosion hazards and transport of goods posing fire and explosion hazards
1. Applications and procedures for issuance of licenses to transport goods posing fire and explosion hazards of classes 1, 2, 3, 4 and 9 by road motor vehicles and by inland waterways are provided for in the Government’s Decree No. 42/2020/ND-CP dated April 08, 2020 on list of dangerous goods, transport of dangerous goods by land motor vehicles and transport of dangerous goods by inland waterways (hereinafter referred to as “Decree No. 42/2020/ND-CP”).
2. An application for the license to transport goods posing fire and explosion hazards by railway includes:
a) An application for the license to transport goods posing fire and explosion hazards (Form No. PC02);
b) Certified true copy (or copy together with the authentic copy for comparison) of the enterprise registration certificate of the applicant, which proves that the applicant is permitted to trade or transport dangerous goods;
c) List of goods posing fire and explosion hazards and weight and transport route thereof (route start and end); list of escorts;
d) Copy certified by the enterprise of the transport contract or written agreement on transport of goods posing fire and explosion hazards by railway between the consignor and the rail transport enterprise;
dd) Plan for incident prevention and response during transport of goods posing fire and explosion hazards bearing the signature and seal of the applicant;
e) Plan for vehicle cleaning and assurance of environmental protection requirements post-transport according to existing regulations on environmental protection.
3. The applicant shall submit 01 application prepared per Clause 2 herein to the competent authority in one of the following ways:
a) Directly at the single-window unit of the competent authority;
b) Online via the public service portal of the competent authority (documents included in state secret lists shall be submitted in compliance with regulations of laws on state secret protection);
c) By public postal service, service provided by an enterprise or individual or authorization as prescribed by law.
4. The official receiving the application shall check its components and validity and perform the following tasks:
a) If the application is adequate and valid according to regulations in Clause 2 herein, receive it and fill out the acknowledgement of receipt of application for administrative procedure concerning fire prevention and fighting (using Form No. PC03) (hereinafter referred to as “acknowledgement of application receipt”);
b) If the application is inadequate or invalid according to regulations in Clause 2 herein, instruct the applicant on how to complete the application as per regulations and fill out the written instruction on revision of application for administrative procedure concerning fire prevention and fighting (using Form No. PC04) (hereinafter referred to as “application revision instruction”).
5. Announcement of application processing results:
a) If the application is submitted directly at the single-window unit of the competent authority, the official receiving it shall give 01 copy of the acknowledgement of application receipt or application revision instruction to the applicant and retain 01 copy;
b) If the application is submitted via the public service portal of the competent authority, the official receiving the application shall send a notification of application receipt or instruction on application revision to the applicant via email or text message;
c) If the application is submitted by public postal service, the service of an enterprise and individual or authorization as per the law, the official receiving it shall send 01 copy of the acknowledgement of application receipt or application revision instruction to the applicant and retain 01 copy.
6. The person sent to submit the application by the applicant must have a letter of introduction or letter of authorization and present their unexpired identity card or passport.
7. Within 05 working days starting from the date of receipt of a valid application, the competent authority shall inspect the vehicle’s fire safety based on the requirements stated in Clause 3 Article 8 herein, consider and issue the license to transport goods posing fire and explosion hazards (using Form No. PC05) and signage of goods posing fire and explosion hazards (using Form No. PC01). If the application is rejected, the competent authority must provide an explanation in writing.
8. Competence in issuance of licenses to transport goods posing fire and explosion hazards by road, inland waterway or railway:
a) Fire safety, firefighting, and rescue authorities affiliated to provincial police authorities (hereinafter referred to as “fire departments”) have the power to issue the license to transport goods posing fire and explosion hazards to vehicles of applicants whose business premises are located in and vehicles operating in areas under their management;
b) District-level police authorities have the power to issue the license to transport goods posing fire and explosion hazards to vehicles of applicants whose business premises are located in and vehicles operating in areas under their management and beyond the competence of fire departments and to cases authorized by fire departments.
9. Licenses to transport goods posing fire and explosion hazards may be used across the country and shall be used once for vehicles operating under a charter agreement; 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 effective period of the inspection certificate for compliance with technical safety and environmental protection requirements (for road motor vehicles), certificate for compliance with technical safety and environmental protection requirements (for inland watercrafts) or certificate for compliance with quality, technical safety and environmental protection requirements (for railway vehicles).
10. Transport of goods posing fire and explosion hazards by road motor vehicles, inland watercrafts and railway vehicles shall adhere to regulations of Decree No. 42/2020/ND-CP and the Government’s Decree No. 65/2018/ND-CP dated May 12, 2018 elaborating some Articles of Law on Railway Transport.
Article 10. Fire safety requirements applicable to formulation of or amendment to planning for construction of cities, economic zones, industrial parks, industry clusters, export-processing zones, hi-tech parks and other functional zones according to Law on Planning
Requirements for formulation of or amendment to planning for construction of cities, economic zones, industrial parks, industry clusters, export-processing zones, hi-tech parks and other functional zones according to the Law on Planning:
1. Building sites of works and work clusters, land areas and land lots must be located in a manner that prevents fire from spreading and minimizes the effects of heat, smoke, dust and noxious gases produced by fire on surrounding residential areas and works.
2. Size and load capacity of transport systems and spaces must enable firefighting operations of motor firefighting equipment.
3. Firefighting water supply; communication systems and power supply must be available for firefighting activities and fire incident reporting.
4. Building sites of premises of firefighting authorities must be located according to regulations of technical regulations and standards on construction planning.
5. All projects must make a cost estimate for fire prevention and fighting items.
Article 11. Fire safety requirements applicable to development of projects on and designs for construction or renovation or repurposing of works
Development of projects on and designs for construction or renovation or repurposing of works and work items (hereinafter collectively referred to as “works”) must be compliant with fire safety regulations and standards. To be specific:
1. Building sites of works must ensure adequate fire safety separation distance from surrounding works.
2. Every work must have a fire resistance level appropriate to its size and purpose; and have solutions for fire safety and preventing fire from spreading to other items of the work and between the work and another work.
3. Production technology, power system, lightning protection system, antistatic system and explosion protection system of works and locations of technical systems and equipment must adhere to fire safety requirements.
4. Fire escape routes, lighting and instructions and fire alarm signals; smoke exhaust ventilation systems; and rescue equipment must ensure fast and safe escape.
5. Size and load capacity of transport systems and parking lots must enable firefighting operations of motor firefighting equipment; firefighting water supply must enable firefighting activities.
6. Quantities, locations and technical specifications of fire alarm and firefighting systems and other firefighting equipment of every work must be appropriate to the characteristics and purpose of the work.
Article 12. Funding for fire safety in investment and construction
1. Funding for fire safety in investment and construction includes funding for the fire safety items mentioned in Articles 10 and 11 of this Decree and other amounts of funding for development of fire safety design projects and appraisal, testing, inspection, construction and commissioning in relation to fire safety.
2. Funding for fire safety in investment and construction must be allocated during the stage of work design and investment project development.
Article 13. Development and appraisal of fire safety design
1. Construction, renovation or repurposing of projects and works and manufacturing or conversion of motor vehicles subject to special fire safety requirements must comply with fire prevention and fighting regulations and standards. Planning schemes and construction design dossiers of projects, works and motor vehicles mentioned in Appendix V enclosed therewith shall be formulated by units eligible according to regulations and are subject to fire safety design appraisal.
2. Fire safety design appraisal refers to inspection and comparison of design content and solutions of projects, works and motor vehicles subject to special fire safety requirements with standards and regulations of Vietnamese law related to fire prevention and fighting or foreign and international standards on fire prevention and fighting applicable in Vietnam carried out by competent authorities following the procedure stipulated by law.
Fire safety design appraisal results shall provide a basis for consideration and planning approval, project approval, construction design appraisal and construction permit granting.
3. Fire safety designs of the following subjects require appraisal:
a) Schemes for or amendments to planning for construction of cities, economic zones, industrial parks, industry clusters, export-processing zones, hi-tech parks and other functional zones according to the Law on Planning;
b) Projects and works which are mentioned in Appendix V enclosed therewith and the construction, renovation or repurposing of which affects one of the fire safety conditions provided for in Point b Clause 5 herein;
c) Motor vehicles subject to special fire safety requirements which are mentioned in Section 21 of Appendix V enclosed therewith and the manufacturing or conversion of which affects one of the fire safety conditions provided for in Point c Clause 5 herein.
4. Components of applications for fire safety design appraisal:
a) For application for feedback on construction planning scheme: application for consideration of and feedback on fire safety solution of entity formulating the planning (made using Form No. PC06); documents and detailed planning drawings at a scale of 1/2000 (for industrial parks of more than 20ha) or 1/500 (for the remaining cases) showing requirements for fire safety solutions mentioned in Clauses 1, 2, 3 and 4 Article 10 herein;
b) For application for building site approval prior to design of independent works posing fire or explosion hazard and mentioned in Sections 15 and 16 of Appendix V enclosed therewith (excluding internal filling stations and gas using facilities): application for building site approval by investor (made using Form No.06), and letter of authorization per the law if the investor authorizes another unit to carry out this task; certificate of land use rights or written proof of lawful land use rights for land of the project/work; drawings and documents showing current topographic conditions of the land relevant to fire safety such as fire resistance level of the work, distance between the work and surrounding works, wind direction and height of the work;
c) For application for feedback on fundamental design of project/work: application for consideration of and feedback on fire safety solution of investor (made using Form No. PC06), and letter of authorization per the law if the investor authorizes another unit to carry out this task; decision to approve construction investment guidelines (for state-funded projects); written approval of construction investment guidelines (if any) or investment registration certificate (if any) or certificate of land use rights or written proof of lawful land use rights (for the remaining cases); certificate of eligibility for fire prevention and fighting service business of fire safety design consultancy unit; fundamental design description and drawings showing requirements for fire safety solutions mentioned in Article 11 herein;
d) For application for appraisal of technical design or construction drawing design: application for appraisal of fire safety design of investor (made using Form No. PC06), and letter of authorization per the law if the investor authorizes another unit to carry out this task; written feedback on fundamental fire safety design from the firefighting authority (if any); decision to approve construction investment guidelines (for state-funded projects); written approval of construction investment guidelines (if any) or investment registration certificate (if any) or certificate of land use rights or written proof of lawful land use rights (for the remaining cases); certificate of eligibility for fire prevention and fighting service business of fire safety design consultancy unit; cost estimate for construction of work; drawings and description of technical design or construction drawing design showing fire safety requirements mentioned in Article 11 herein; copies of design appraisal certificate, design appraisal document, drawing bearing seal of fire safety appraisal (for renovation/amended design dossiers); document on construction design appraisal by construction authority (if any);
dd) 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 (made using Form No. PC06), and letter of authorization per the law if the investor/vehicle owner authorizes another unit to carry out this task; certificate of eligibility for fire prevention and fighting service business of fire safety design consultancy unit; estimated investment in vehicle; technical design description and drawings showing fire safety requirements mentioned in Points b and c Clause 1 and Points b, c, d and e Clause 3 Article 8 herein;
e) Documents included in these applications shall be the authentic copy or certified or notarized true copy or copy/photocopy submitted together with its authentic copy for comparison. The design description and drawing must be certified by the applicant. For applications in a foreign language, a Vietnamese translation must be provided and the applicant shall take responsibility for the content of the translation.
5. Appraised items:
a) For planning schemes: compliance of planning schemes with regulations in Clauses 1, 2, 3 and 4 Article 10 herein;
b) For projects and works: compliance of their designs with existing regulations on the following matters: list of regulations and standards on fire prevention and fighting, technical documents, technical instructions and technologies applicable to work design; roads for fire trucks, fire safety separation distance from surrounding works; water supply for fire fighting; 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; smoke dispersion solutions; escape solutions; solutions for rescue and rescue support; plans for lightning and static prevention; 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 and firefighting equipment of works;
c) For motor vehicles subject to special fire safety requirements: fire safety solutions suitable for characteristics of operations and fire and explosion hazards of vehicles; conditions for fire prevention, fire spread prevention, escape and human rescue during fire; fire safety solutions applicable to power system, fuel system and engine; fire alarm and firefighting systems and other firefighting equipment; systems and equipment for detection and handling of leakage of gases and liquids posing fire and explosion hazards;
d) For construction or renovation of fire prevention and fighting systems or equipment of works having undergone commissioning and been put into use according to regulations: fire safety design of the constructed or renovated parts of the fire prevention and fighting systems or equipment.
6. The applicant shall submit 01 application prepared according to Clause 4 herein to the competent authority mentioned in Clause 12 herein in one of the following ways:
a) Directly at the single-window unit of the competent authority;
b) Online via the public service portal of the competent authority (documents included in state secret lists shall be submitted in compliance with regulations of laws on state secret protection);
c) By public postal service, service provided by an enterprise or individual or authorization as prescribed by law.
7. The official receiving the application shall check its components and validity and perform the following tasks:
a) If the application is adequate and valid according to regulations in Clause 4 herein, receive it and fill out the acknowledgement of application receipt (using Form No. PC03);
b) If the application is inadequate or invalid according to regulations in Clause 4 herein, instruct the applicant on how to complete the application as per regulations and fill out the application revision instruction (using Form No. PC04).
8. Announcement of application processing results:
a) If the application is submitted directly at the single-window unit of the competent authority, the official receiving it shall give 01 copy of the acknowledgement of application receipt or application revision instruction to the applicant and retain 01 copy;
b) If the application is submitted via the public service portal of the competent authority, the official receiving the application shall send a notification of application receipt or instruction on application revision to the applicant via email or text message;
c) If the application is submitted by public postal service, the service of an enterprise and individual or authorization as per the law, the official receiving it shall send 01 copy of the acknowledgement of application receipt or application revision instruction to the applicant and retain 01 copy;
d) If an application is invalid (the applying project or work does not require fire safety design appraisal according to regulations in Appendix V enclosed therewith or the receiving authority is not competence in appraising fire safety design of the applying project or work according to regulations in Clause 12 herein), the receiving authority shall notify the applicant that the application is rejected within the time limit prescribed in Clause 10 herein in writing and in the way in which the applicant sent their application.
9. The person sent to submit the application by the applicant must have a letter of introduction or letter of authorization and present their unexpired identity card or passport.
10. Time limit for fire safety design appraisal:
Time limit for fire safety design appraisal starting from the date of receipt of a valid and adequate application:
a) For construction planning schemes: no later than 05 working days;
b) Building site approval: no later than 05 working days;
c) Fundamental designs: no later than 10 working days for projects of national importance and group A projects; no later than 05 working days for the remaining projects;
d) Technical designs or construction drawing designs: no later than 15 working days for projects and works of national importance and group A projects and works; no later than 10 working days for the remaining projects and works;
dd) Technical designs of motor vehicles subject to special fire safety requirements: no later than 10 working days.
11. Results of fire safety design appraisal:
a) For planning schemes: firefighting authorities shall give their feedback on fire safety solutions in writing;
b) For building site approval: firefighting authorities shall approve of the building sites in writing;
c) For fundamental designs: firefighting authorities shall give their feedback on fire safety solutions in writing;
d) For technical designs or construction drawing designs and technical designs of motor vehicles subject to special fire safety requirements: firefighting authorities shall issue the certificate of fire safety design appraisal (made using Form No. PC07) 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 firefighting authority carrying out the appraisal for retention purpose according to regulations before receiving the certificate of fire safety design appraisal;
For technical designs or construction drawing designs of renovation or repurposing of works or conversion of motor vehicles subject to special fire safety requirements: firefighting 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 firefighting authority carrying out the appraisal for retention purpose according to regulations before receiving the written approval of fire safety design appraisal;
dd) If firefighting authorities do not announce the results provided for in Points a, b, c and d herein, they shall provide a written explanation and return the applications to applicants within the time limit prescribed in Clause 10 herein.
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 meeting criteria for projects and works of national importance and group A projects and works as per the law on public investment (excluding state-funded projects and works whose investors are provincial governments); works of more than 100 m in height; works located in 02 or more central-affiliated cities and provinces; watercrafts of 50 m or more in length carrying passengers or flammable liquids, flammable gases, explosives and chemicals posing fire and explosion hazards; and work investment projects proposed by fire departments (excluding national defense facilities operating for military purpose and motor vehicles subject to special fire safety requirements manufactured or converted for military operations by national defense facilities);
b) Fire departments have the power to appraise fire safety designs of planning schemes for cities, economic zones, industrial parks, industry clusters, export-processing zones, hi-tech parks and other functional zones according to the Law on Planning located in localities under their management; projects and works fire safety designs of which are not appraised by Police Department of Fire Prevention and Firefighting and Rescue and which are located in localities under their management, and cases authorized by Police Department of Fire Prevention and Firefighting and Rescue; motor vehicles which are subject to special fire safety requirements and located in localities under their management and fire safety designs of which are not appraised by Police Department of Fire Prevention and Firefighting and Rescue, and cases authorized by Police Department of Fire Prevention and Firefighting and Rescue, excluding national defense facilities operating for military purpose and motor vehicles subject to special fire safety requirements manufactured or converted for military operations by national defense facilities.
13. Construction, renovation or repurposing of projects and works not included in the list in Appendix V enclosed therewith must satisfy fire safety requirements stipulated by fire prevention and fighting regulations and standards.
14. Fees of fire safety design appraisal shall be included in the total investment of each project, work and motor vehicle.
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