Vietnam Vietnam promulgates Decree elaborating the Law on Fire and Rescue

Part 1 – Dossiers, undergo fire prevention and firefighting design inspection and fire & rescue inspection

Vietnam promulgates Decree elaborating the Law on Fire and Rescue

On 15th May 2025, The Government promulgates Decree 105/2025/NĐ-CP elaborating the Law on Fire and Rescue. This new Decree comes into force from 01st July 2025. The following Decree expires from the effective date:

  • Decree No. 136/2020/NĐ-CP dated November 24 of 2020;
  • Decree No. 83/2017/NĐ-CP dated July 18, 2017;
  • Decree No. 50/2024/NĐ-CP dated May 10 of 2024;
  • Decree No. 78/2011/NĐ-CP dated September 1, 2011.

 

Part 1 focus on new points of Decree 105/2025/NĐ-CP related to Dossiers, undergo fire prevention and firefighting design inspection and fire & rescue inspection, the following should be noted:

 

Regulations on fire and rescue

In Article 3 of Decree 105/2025/NĐ-CP, Regulations on grassroots fire and rescue consist of the following basic details:

  • Regulations on management, use of electricity, fire sources, heat sources, equipment and tools producing flame, heat, combustible or flammable substances;
  • Regulations on management and use of fire and rescue equipment, facilities;
  • Regulation on actions taken in case of fire, explosion, accidents.

 

Regulations on fire and rescue in respect of traffic vehicles need to add on:

  • Regulations on arrangement and placement of goods with risk of fire and explosion on traffic vehicles.

 

Heads of establishment, vehicle owners shall promulgate or request competent people to promulgate regulations on fire and rescue which posted at locations where they can be seen with ease.

 

Fire and rescue dossiers

Fire and rescue dossiers are required on Circular 149/2020/TT-BCA, now are required in the 105/2025/NĐ-CP, with 12 similar types of dossiers, and add on some dossiers, such as:

  • Record of fire prevention, firefighting, and rescue facilities regulated by the Minister of Public Security;
  • Document proving assignment of persons in charge of fire prevention and firefighting inspection at establishment (if any).

 

Documents can be stored in physical form or electronic form or in combination. Documents: Self inspection records about Fire safety, Report on implementation of Fire and Rescue, Certificate of compulsory fire insurance, Notice of fire investigation results issued by police authorities (if any), Notice of administrative offense, decision on administrative penalties for fire and rescue violations, decision on temporary suspension, suspension, continued operation competent persons, written recommendations pertaining to fire prevention and firefighting: shall be stored for at least 5 years (For details, please see Article 4 of this Decree)

 

List of traffic structures required to undergo fire prevention and firefighting design inspection

Appendix III of Decree 105/2025/NĐ-CP replace for Appendix V of Decree 50/2024/NĐ-CP: List of traffic structures required to undergo fire prevention and firefighting design inspection. Following the list, there are some highlights:

  • The structures undergo fire prevention and firefighting design inspection or not based on total floor area (m2) and/ or total volume (m3) rather than only total volume (m3) as old Decree required. That means structures which are new buildings or renovated, repurposed shall be reviewed in case the structures are in the list to undergo. For example, old decree requires office buildings & workplace which has total volume >000 m3 shall undergo fire prevention and firefighting design inspection. With new decree, this requirement applies for office buildings & workplace which has total floor area > 3.000 m2.
  • Loosen regulations on structures required to undergo fire prevention and firefighting design inspection:
Appendix V – Decree 50/2024/NĐ-CP Appendix III – Decree 105/2025/NĐ-CP
Industrial manufacturing facilities are classified:

  • Fire risk class A, B with > 5.000 m3 in volume;
  • Fire risk class C, D, E with > 15.000 m3 in volume.
Industrial manufacturing facilities are classified:

  • Fire risk class A, B with > 7.000 m3 in volume or > 1.000 m2 in total floor area;
  • Fire risk class C with > 15.000 m3 in volume or > 2.000 m2 in total floor area;
  • Fire risk class D, E with > 30.000 m3 in volume or > 10.000 m2 in total floor area.
Storage areas for flammable goods, materials with an area of > 5,000 m3 or more. Goods storage units of fire risk class A, B, C with > 15.000 m3 in total volume or > 2.000 m2 in total floor area

 

Fire prevention and firefighting inspection

Decree 105/2025/NĐ-CP has requirement on frequency of periodically inspection with each establishment as below:

Establishments Police authorities Provincial People’s Committees Commune-level People’s Committees
Group 1 establishments under Appendix II of the Decree, structures that must undergo design inspection and approval, fire prevention and firefighting design approval during construction process periodic inspection once per year periodic inspection once per year n/a
Group 2 establishments under Appendix II of the Decree periodic inspection twice per year periodic inspection twice per year n/a
Establishments under fire prevention and firefighting management (Appendix I of the Decree), except for establishments with risk of conflagration under Appendix II n/a n/a Periodic inspection once every 3 years

Besides these, there will be irregular inspection upon sign of violation of the laws or written complaints or denunciation pertaining to violation of the law relating to fire prevention and firefighting. Periodic and irregular inspections shall conform to points in Clause 1 of Article 13.

 

Fire prevention and firefighting self-inspection

Establishments shall conduct regular fire prevention and firefighting self-inspection:

  • Once a month
  • Once every 6 months in respect of establishments with risk of conflagration (Appendix II of this Decree)
  • Once every 1 year in respect of remaining establishments under fire prevention and firefighting management (Appendix I of this Decree)

 

After self-inspection of 6 month & 1 year, file Form No. PC02 attached the Decree, send report on implementation of fire prevention and firefighting using Form No. PC04 attached hereto to commune-level People’s Committees, police authorities, presiding construction authorities or update information, data on Database on fire prevention, firefighting, rescue and fire alarm transmission before June 15 and before December 15.

 

Before, in Decree 136/2020/NĐ-CP, the self-inspection only require once every 6 months in respect of remaining establishments under fire prevention and firefighting management.

 

For more details, please access the link below:
https://vanban.chinhphu.vn/?pageid=27160&docid=211199&classid=1&typegroupid=3

Author / Responsibility

AOKI Kenji

Senior Consultant, EnviX Ltd.
General Director, E&H Consulting Co., Ltd.

Business Performance

Expertise in EHS (environment, health and safety) consulting in ASEAN region.
- Environmental regulations updating
- Chemical regulations consulting

Background

MSc in Earth Science, The University of Tokyo

AOKI Kenji