Vietnam Vietnam enacts new decree on fire prevention

On November 24, 2020, the Vietnamese government issued the Decree No. 136/2020/ND-CP on Details and Guidelines for a Number of Articles of Law on Fire Prevention and Fighting and the Law on Amendments and Supplements to Law on Fire Prevention and Fighting. This Decree mainly regulates fire prevention and fighting activities, organization of fire prevention and fighting forces and equipment, management of fire prevention and fighting services, and responsibilities of ministries, ministerial-level agencies, Governmental agencies and People’s Committees at all levels in fire prevention and fighting activities. This Decree became effective on January 10, 2021. In addition, the Ministry of Public Security is preparing a draft circular on implementing rules for this Decree, which is scheduled to be promulgated by the end of 2021.

The Decree can be downloaded at:
http://sotnmt.namdinh.gov.vn/uploads/laws/files/136.signed.pdf

 

The Decree is composed of 9 Chapters divided into 54 Articles, and 9 Annexes as follows:

Chapter 1: General provisions (Articles 1-3)

Chapter 2: Fire prevention (Articles 4-18)

Chapter 3: Firefighting (Articles 19-29)

Chapter 4: Fire protection and  fighting organization (Articles 30-36)

Chapter 5: Fire prevention and fighting equipment (Articles 37-40)

Chapter 6: Management of fire prevention and fighting services (Articles 41-46)

Chapter 7: Expenses for fire prevention and fighting activities (Articles 47-49)

Chapter 8: Responsibilities of ministry, provincial or equivalent organizations, government organizations, and People’s Committees at different levels in fire prevention and fighting activities (Articles 50-52)

Chapter 9: Enforcement clauses (Articles 53-54)

Annex I: List of facilities to be managed in terms of fire prevention and fighting

Annex II: List of fire and explosion-prone facilities

Annex III: List of facilities managed by the public security agencies

Annex IV: List of facilities managed by the People’s Committee

Annex V: List of projects, works, and means of transportation subject to examination and approval on fire prevention and fighting designs

Annex VI: List of fire prevention and fighting means

Annex VII: List of fire prevention and fighting means subject to inspection tests

Annex VIII: Specifications for signal pennants, signs, warning signs and panels used in firefighting
Annex IX: Formats used for firefighting activities

 

This Decree replaces the Decree 79/2014/ND-CP on Details and Guidelines for a Number of Articles of Law on Fire Prevention and Fighting and the Law on Amendments and Supplements to Law on Fire Prevention and Fighting, which had 58 Articles and 6 Annexes. The revised provisions are: changes and/or supplementation in 47 Articles; newly establishment of 6 Articles; deletion of 6 Articles; changes and/or supplementation in 5 annexes; deletion of 1 annex, and newly establishment of 4 Annexes. The revised rules given by this Decree is summarized as follows:

  • Details of administrative procedures related to fire prevention and fighting are stipulated along with dedicated formats for better administrative operation.
  • New procedures have been added (e.g., permission for transportation of flammable and/or explosive dangerous goods on roads or inland waterways issued by public security agencies, inspection tests of fire prevention and fighting means, etc.).
  • Paperwork for the procedures of examination, acceptance, inspection, certification, and issuance of permission on advisory activities related to fire prevention and fighting has been simplified, saving the time for the work.
  • The requirement on years of experience for advisory activities on the design, monitoring, construction and install of fire prevention and fighting systems has been shortened from 5 years to 3 years.
  • The list of facilities with the obligation of making a notification to the police department of fire prevention and fighting before starting operation was deleted.
  • The list of facilities to be managed in terms of fire prevention and fighting (Annex I) has been enhanced with the addition of different facility types (collective housing, schools, resident combined with manufacturing/trading functions, underground tunnels/railways, etc.).
  • A provision stipulating the social responsibility associated with the inspection of means and equipment for fire prevention and fighting has been added.

 

In addition, associated with the reduced number of annual facility inspections conducted by the police department of fire prevention and fighting under the Prime Minister’s Directive No. 20/CT-TTg dated July 13, 2018 on Reform of Inspection and Simplification of Business Conditions, the safety requirements on fire prevention and fighting for facility owners, transportation owners, heads of households and other responsible persons will be strengthened.