Circular 36/2025/TT-BCA detailing the Law on Fire Prevention and Fighting, Rescue and Salvage and Decree 105/2025/ND-CP
ATTRIBUTE
Issuing body: | Ministry of Public Security | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
Official number: | 36/2025/TT-BCA | Signer: | Luong Tam Quang |
Type: | Circular | Expiry date: | Updating |
Issuing date: | 15/05/2025 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
Fields: | Public order |
THE MINISTRY OF PUBLIC SECURITY | THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness |
No. 36/2025/TT-BCA |
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CIRCULAR
Detailing a number of articles of the Law on Fire Prevention and Fighting, Rescue and Salvage and Government’s Decree No. 105/2025/ND-CP dated May 15, 2025 detailing a number of articles and measures to implement the Law on Fire Prevention and Fighting and Rescue
Pursuant to the Law on Government Organization dated February 18, 2025;
Pursuant to the Law on the People’s Public Security Forces dated November 20, 2018, and the Law Amending and Supplementing a Number of Articles of the Law on the People’s Public Security Force dated June 22, 2023;
Pursuant to the Law on Fire Prevention and Fighting, Rescue and Salvage dated November 29, 2024;
Pursuant to Government’s Decree No. 02/2025/ND-CP dated February 18, 2025 defining the functions, tasks, powers and organizational structure of the Ministry of Public Security;
Pursuant to Government’s Decree No. 105/2025/ND-CP dated May 15, 2025 of the detailing a number of articles and measures for implementing the Law on Fire Prevention and Fighting, Rescue and Salvage;
At the proposal of the Director of the Police Department of Fire Prevention, Fighting and Rescue;
The Minister of Public Security hereby promulgates the Circular detailing a number of articles of the Law on Fire Prevention and Fighting, Rescue and Salvage and Government’s Decree No. 105/2025/ND-CP dated May 15, 2025 detailing a number of articles and measures for implementing the Law on Fire Prevention and Fighting, Rescue and Salvage.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Circular details a number of articles of the Law on Fire Prevention and Fighting, Rescue and Salvage and Government’s Decree No. 105/2025/ND-CP dated May 15, 2025/ND-CP dated May 15, 2025 detailing a number of articles and measures for implementing the Law on Fire Prevention and Fighting, Rescue and Salvage, specifically:
1. To detail a number of articles of the Law on Fire Prevention and Fighting, Rescue and Salvage, including:
a) Clause 4, Article 42 on the provision of firefighting and rescue vehicles and equipment for grassroots fire prevention and fighting and rescue force and specialized fire prevention and fighting and rescue force, and civil defense forces;
b) Clause 3, Article 43 on the management, storage, and maintenance of firefighting and rescue vehicles and equipment (the management, storage, and maintenance of firefighting and rescue vehicles and equipment used by the Fire Prevention, Fighting, and Rescue Public security Force shall comply with Circular No. 37/2025/TT-BCA dated May 15, 2025 of the Minister of Public Security regulating the duties of fire prevention, fighting, and rescue of the People’s Public Security Forces).
2. To detail a number of articles of Decree No. 105/2025/ND-CP, including:
a) Clause 7, Article 9 on the authority of the Public Security agencies to appraise fire prevention and firefighting design;
b) Clause 3, Article 13 on the authority of the Public Security agencies to conduct fire prevention and fighting inspections;
c) Clause 6, Article 15 on the authority of the Public Security agencies to develop and approve firefighting, rescue plans, and rescue plans;
d) Clause 6, Article 23 on the authority to grant circulation permits for fire prevention, fighting, and rescue vehicles and equipment;
dd) Clause 6, Article 28 and Clause 2, Article 30 on training and professional development for fire prevention, fighting and rescue operation.
Article 2. Appendices
The following appendices are promulgated together with this Circular:
1. Appendix I: List and quantity of firefighting and rescue vehicles and equipment to be provided for the civil defense force, grassroots fire prevention and fighting and rescue force, and specialized fire prevention and fighting and rescue force.
2. Appendix II: Maintenance and preservation of motorized firefighting and rescue vehicles.
3. Appendix III: Maintenance and preservation of standard firefighting equipment, life-saving equipment, rescue equipment and devices, fire extinguishing agents, and communication equipment and devices used for firefighting and rescue operations.
4. Appendix IV: Maintenance and preservation of personal protective clothing and equipment used in firefighting and rescue operations.
5. Appendix V: Maintenance and preservation of standalone fire alarm devices, devices within fire alarm systems, devices in public address and evacuation guidance systems, devices in fire extinguishing systems, emergency lighting, and evacuation signs.
6. Appendix VI: Forms and templates.
Chapter II
PROVISION OF FIREFIGHTING AND RESCUE VEHICLES AND EQUIPMENT FOR THE CIVIL DEFENSE FORCE, GRASSROOTS FIRE PREVENTION, FIGHTING, AND RESCUE FORCE, AND SPECIALIZED FIRE PREVENTION, FIGHTING, AND RESCUE FORCE
Article 3. Provision of firefighting and rescue vehicles and equipment for the civil defense force
1. Firefighting and rescue vehicles and equipment provided for the civil defense force shall be in accordance with the list and quantity specified in the Appendix I attached to this Circular.
2. The Commune-level People’s Committee shall be responsible for equipping the civil defense force with firefighting and rescue vehicles and equipment as prescribed in Clause 1 of this Article.
Based on the requirements to ensure fire prevention, fighting, and rescue safety, and the local budget capacity, the Commune-level People’s Committee may provide additional quantities and types of firefighting and rescue vehicles and equipment, as well as other necessary equipment and devices for the civil defense force to fulfill their duties.
Article 4. Provision of firefighting and rescue vehicles and equipment for the grassroots and specialized fire prevention, fighting, and rescue forces
1. Firefighting and rescue vehicles and equipment provided for the grassroots and specialized fire prevention, fighting, and rescue forces shall be in accordance with the list and quantity specified in the Appendix I attached to this Circular.
2. The head of the establishment shall decide or propose to the competent authority the decision to equip the grassroots and specialized fire prevention, fighting, and rescue forces under their management with firefighting and rescue vehicles and equipment in accordance with Clause 1 of this Article.
Based on the requirements to ensure fire prevention, fighting, and rescue safety at the establishment, the head of the establishment shall decide or propose to the competent authority to provide additional quantities and types of firefighting and rescue vehicles and equipment, as well as other necessary equipment and devices for the grassroots and specialized fire prevention, fighting, and rescue forces under their management to fulfill their duties.
3. Funding for the provision of firefighting and rescue vehicles and equipment for the grassroots and specialized fire prevention, fighting, and rescue forces shall comply with Clause 8, Article 20 of Decree No. 105/2025/ND-CP.
Funding for the provision of firefighting and rescue vehicles and equipment for grassroots and specialized fire prevention, fighting, and rescue forces of agencies and organizations funded by the state budget shall be guaranteed by the state budget and implemented in accordance with the laws on state budget.
Chapter III
MANAGEMENT, STORAGE, AND MAINTENANCE OF FIREFIGHTING AND RESCUE VEHICLES AND EQUIPMENT
Article 5. Locations for managing, storing, and maintaining firefighting and rescue vehicles and equipment
1. Firefighting and rescue vehicles and equipment shall be managed and stored at houses, warehouses, docks, harbors, ports, or other locations as decided by competent authorities and shall meet the following requirements:
a) Houses and warehouses for storing firefighting and rescue vehicles and equipment shall have roofs, surrounding walls, be dry, well-ventilated, clean, secure, and orderly, equipped with lighting systems and common firefighting vehicles and equipment;
b) Docks, harbors, and ports for storing firefighting and rescue vehicles and equipment shall ensure security, order, and fire safety.
2. Fire trucks, specialized vehicles for firefighting and rescue, and fire pumps shall be stored in houses or warehouses. Firefighting boats, rescue boats, canoes, and other watercraft shall be docked at ports, harbors, or other locations that ensure security, order, and fire safety. Other types of firefighting and rescue equipment shall be stored in places that meet the requirements stated in Clauses 1 and 3 of this Article, or inside compartments of fire trucks, specialized vehicles, boats, or canoes used for firefighting and rescue to ensure readiness for operation.
3. Firefighting and rescue vehicles and equipment that has not been used shall be stored in houses, warehouses, or suitable storage locations based on the type of equipment.
Article 6. Storage and maintenance of firefighting and rescue vehicles and equipment
1. The storage and maintenance of firefighting and rescue vehicles and equipment shall follow the content specified in Clause 3 of this Article, the head of the establishment shall decide the time and place of maintenance and storage suitable to each type of equipment, in accordance with the manufacturer’s instructions (if any), ensuring that equipment is always ready for firefighting and rescue operations.
For motorized firefighting and rescue equipment and isolation-type gas masks, maintenance shall be conducted daily or during and after each use.
2. In cases where firefighting and rescue vehicles and equipment have technical standards or regulations on storage and maintenance; those standards or regulations shall be followed.
3. The content of storage and maintenance of firefighting and rescue vehicles and equipment shall be carried out in accordance with Appendices II, III, IV, and V of this Circular and with the manufacturer’s instructions (if any).
4. Upon completion of storage or maintenance, the assigned person responsible for managing the firefighting and rescue vehicles and equipment shall record the results in the Equipment Logbook in accordance with Form No. 01 in Appendix VI attached to this Circular.
The Equipment Logbook is considered a document within the establishment’s fire prevention, firefighting and rescue file in accordance with regulations.
Article 7. Statistics and reporting on management, storage, and maintenance of firefighting and rescue vehicles and equipment
The statistics and reporting on the management, storage, and maintenance of such equipment shall be integrated into the establishment’s Report on Results of Fire Prevention, Firefighting and Rescue Activities using Form No. PC04 in Appendix VIII attached to Decree No. 105/2025/ND-CP, covering the following contents:
1. Results of management, storage, and maintenance (quantity, quality, types, and maintenance content of equipped firefighting and rescue vehicles and equipment);
2. Results of fulfilling requirements and recommendations made by competent authorities regarding equipment management, storage, and maintenance (if any);
3. Proposals and recommendations for solutions to improve the effectiveness of managing, storing, and maintaining such equipment.
Article 8. Responsibilities of the head of establishment, household owners, and individuals in managing, storing, and maintaining firefighting and rescue vehicles and equipment
1. Responsibilities of the head of the establishment:
a) Organize, direct, and inspect the implementation of management, storage, and maintenance of the equipment under their management;
b) Organize training for staff, employees, and workers under their management to be able to use the equipped firefighting and rescue vehicles and equipment;
c) Assign and clearly define the responsibilities of individuals tasked with managing, storing, and maintaining the equipment;
d) Inspect and handle or propose to competent authorities the handling of violations related to equipment management, storage, and maintenance according to legal provisions;
dd) Ensure funding for the management, storage, and maintenance of firefighting and rescue vehicles and equipment under their management.
2. Household owners and individuals specified in Clause 2, Article 43 of the Law on Fire Prevention and Fighting, Rescue and Salvage are responsible for the self-storage and maintenance of firefighting and rescue vehicles and equipment which are equipped to ensure its usability in case of fire, accidents, or incidents.
Chapter IV
DECENTRALIZATION OF PUBLIC SECURITY AGENCIES’ AUTHORITY IN PERFORMING CERTAIN FIRE PREVENTION, FIRE FIGHTING, AND RESCUE MANAGEMENT TASKS
Article 9. Public security agencies’ authority to appraise fire prevention and firefighting design
1. The Police Department of Fire Prevention, Fighting and Rescue is responsible for appraising fire prevention and fighting designs for works specified in Appendix III attached to Decree No. 105/2025/ND-CP, specifically:
a) Works under the authority of the National Assembly or the Prime Minister for investment policy decisions or approvals according to regulations on investment, public investment, or public-private partnership investments;
b) Works within projects classified as special grade works as defined by construction laws;
c) Headquarter buildings and office buildings of units under the Ministry of Public Security, and buildings under projects containing Grade I constructions, upon the request of the project owner or the property owner;
d) Works constructed across administrative boundaries of two or more centrally run provinces or cities;
dd) Civil constructions with a fire safety height exceeding 150 meters;
e) Large-scale, technically complex works listed according to construction laws;
g) Works using technology, equipment, or fire prevention and fighting systems for which Vietnam has no technical standards or regulations.
2. The Fire Prevention, Fighting and Rescue Department of Provincial Public Security appraises fire prevention and fighting designs for works and means of transport as follows:
a) Works listed in Appendix III of Decree No. 105/2025/ND-CP within the area under its management, excluding those mentioned in Clause 1 of this Article;
b) Means of transport listed in Appendix III of Decree No. 105/2025/ND-CP owned by agencies, organizations, or individuals with headquarters, representative offices, branches, business registration, or production, assembly, new construction, or renovation in the locality under management;
c) Works in the area that were previously approved by the Police Department of Fire Prevention, Fighting and Rescue for fire safety acceptance, but whose usage function or renovations have altered fire safety conditions as prescribed in Clause 3, Article 9 of Decree No. 105/2025/ND-CP.
Article 10. Public security agencies’ authority to manage and inspect fire prevention and fighting
The Fire Prevention, Fighting and Rescue Department of Provincial Public Security is responsible for managing fire prevention and fighting for establishments listed in Appendix II attached to Decree No. 105/2025/ND-CP. It shall conduct periodic and ad hoc inspections of fire prevention and fighting for establishments, works, and means of transport as specified in Point a, Clause 2, Article 13 of Decree No. 105/2025/ND-CP, following the procedures stated in Clause 3, Article 14 Decree No. 105/2025/ND-CP.
Article 11. Public security agencies’ authority to grant circulation permits for fire prevention, fighting, and rescue vehicles
The Fire Prevention, Fighting and Rescue Department of Provincial Public Security is authorized to grant circulation permits for fire prevention, fighting, and rescue vehicles as defined in Section 1 of Appendix V attached to Decree No. 105/2025/ND-CP.
Article 12. Public security agencies’ authority to develop and approve fire fighting and rescue plans
The Fire Prevention, Fighting and Rescue Department of Provincial Public Security is responsible for organizing and approving firefighting and rescue plans of the Public security as stipulated in Clauses 3 and 4, Article 15 of Decree No. 105/2025/ND-CP.
After the plan is approved, the unit directly responsible for its development shall prepare a Tactical Fire and Rescue Card following Form No. 02 in Appendix VI attached to this Circular.
Article 13. Training and professional development for fire prevention, fighting and rescue
1. The Police Department of Fire Prevention, Fighting and Rescue shall take the lead and coordinate with the University of Fire Prevention and Fighting and relevant units to develop the training framework, compile professional development materials on fire prevention, fighting, and rescue, and distribute them to police units and local authorities.
2. Authority for training and professional development for fire prevention, fighting and rescue:
a) Fire prevention and fighting training institutions: Provide training and professional development for individuals assigned to inspect fire safety at Group 1 establishments listed in Appendix II of Decree No. 105/2025/ND-CP; Provide training and professional development for Chairpersons and Vice Chairpersons of commune-level People’s Committees and for those specified in Point b of this Clause upon request; Provide training and professional development for fire safety inspectors at Group 1 establishments listed in Appendix II of Decree No. 105/2025/ND-CP upon request;
b) The Police Department of Fire Prevention, Fighting and Rescue provides training and professional development for those specified in Points c, d, dd, e, g, and i, Clause 1, Article 45 of the Law on Fire Prevention and Fighting, Rescue and Salvage, who work in central-level Party or State agencies, economic groups, or corporations, upon request, excludes training for individuals assigned to inspect fire safety at Group 1 establishments listed in Appendix II of Decree No. 105/2025/ND-CP (which are handled by training institutions) and members of civil defense teams.
c) The Fire Prevention, Fighting and Rescue Department of Provincial Public Security: provide fire prevention, firefighting, and rescue training for individuals specified in Clause 1, Article 45 of the Law on Fire Prevention and Fighting, Rescue and Salvage upon request, except for those assigned to conduct fire safety inspections at establishments under Group 1 of Appendix II attached to Decree No. 105/2025/ND-CP, who shall be trained by fire prevention, firefighting, and rescue training institutions; Provide professional development in fire prevention, firefighting, and rescue for the individuals specified in Clause 1, Article 45 of the Law on Fire Prevention and Fighting, Rescue and Salvage upon request.
In cases where there is a request to organize training and professional development in fire prevention, firefighting, and rescue for individuals subject to such training and development who belong to establishments under the management of the commune-level People’s Committee, village heads, heads of residential groups, and members of civil defense teams under the management of the commune-level People’s Committee, the Provincial Fire Prevention, Fighting and Rescue Police Division shall take the lead and coordinate with the commune-level police to organize the implementation.
3. Organization of training and professional development:
a) Commune-level People’s Committees and Group 1 establishments in Appendix II of Decree No. 105/2025/ND-CP shall register with the competent agency specified in Point a or Point c, Clause 2 of this Article to organize training for Chairpersons, Vice Chairpersons of commune-level People’s Committees, and designated inspectors at establishments;
b) Agencies, organizations, and individuals shall register with the competent authority specified in Point b or Point c, Clause 2 of this Article to organize training for those under their management;
c) Agencies and units with authority as specified in Clause 2 of this Article shall be responsible for: arranging training locations and venues in a manner that is convenient in terms of time and travel for the individuals undergoing training and professional development; conducting training and professional development in fire prevention, firefighting, and rescue; administering assessments; and issuing written notifications of training results to the organizations and individuals who have registered and participated in such training and professional development.
Chapter V
IMPLEMENTATION PROVISIONS
Article 14. Effect
1.This Circular takes effect from July 1, 2025.
2.The following Circulars shall cease to be effective from the effective date of this Circular, except cases defined in Clause 3 of this Article:
a) Circular No. 17/2021/TT-BCA dated February 5, 2021 of the Minister of Public Security regulating the management, storage, and maintenance of fire prevention, fighting and rescue vehicles and equipment;
b) Circular No. 150/2020/TT-BCA dated December 31, 2020 of the Minister of Public Security regulating the equipment of fire prevention, fighting and rescue equipment for civil defense forces, grassroots fire prevention and fighting forces, and specialized fire prevention and fighting forces, which was amended and supplemented by Circular No. 55/2024/TT-BCA dated October 31, 2024 of the Minister of Public Security amending and supplementing several articles of Circular No. 141/2020/TT-BCA dated December 23, 2020 of the Minister of Public Security on inspection activities for fire prevention, fighting and rescue of the People’s Public Security forces; Circular No. 150/2020/TT-BCA dated December 31, 2020 of the Minister of Public Security regulating the equipment of fire prevention, fighting and rescue equipment for civil defense forces, grassroots fire prevention and fighting forces, and specialized fire prevention and fighting forces; Circular No. 82/2021/TT-BCA dated August 6, 2021 of the Minister of Public Security regulating on standards, duties, training, and professional inspection for design appraisal and acceptance of fire prevention and fighting by the Fire Prevention and Rescue Public security Force; Circular No. 06/2022/TT-BCA dated January 17, 2022 of the Minister of Public Security regulating on the procedures for fire prevention, fighting, and rescue operations in the People’s Public Security Force;
c) Circular No. 149/2020/TT-BCA dated December 31, 2020 of the Minister of Public Security detailing a number of articles and implementation measures of the Law on Fire Prevention and Fighting and the Law Amending and Supplementing a number of articles of the Law on Fire Prevention and Fighting, and Government’s Decree No. 136/2020/ND-CP dated November 24, 2020 detailing a number of articles and measures for implementing the above laws;
d) Circular No. 32/2024/TT-BCA dated July 10, 2024 of the Minister of Public Security amending and supplementing a number of articles of Circular No. 149/2020/TT-BCA dated December 31, 2020 of the Minister of Public Security detailing a number of articles and implementation measures of the Law on Fire Prevention and Fighting and the Law Amending and Supplementing a number of articles of the Law on Fire Prevention and Fighting, and the Government’s Decree No. 136/2020/ND-CP dated November 24, 2020 detailing a number of articles and implementation measures of the Law on Fire Prevention and Fighting and the Law Amending and Supplementing a number of articles of the Law on Fire Prevention and Fighting; and Circular No. 08/2018/TT-BCA dated March 5, 2018 of the Minister of Public Security detailing a number of articles of Government’s Decree No. 83/2017/ND-CP dated July 18, 2017 on rescue operations of the fire prevention and fighting forces.
3. The inspection stamps for fire prevention and fighting equipment according to Form No. 03 issued together with Circular No. 149/2020/TT-BCA, and the management, use, printing, and issuance of such stamps as regulated in Clause 6, Article 1 of Circular No. 32/2024/TT-BCA shall continue to be valid until the end of June 30, 2026.
Article 15. Implementation Responsibilities
1. The Director of the Police Department of Fire Prevention, Fighting and Rescue shall be responsible for monitoring, guiding, inspecting, and urging the implementation of this Circular.
2. The Public Security Departments of provinces and centrally-run cities shall advise the People’s Committees at the same level to promulgate regulations on the management and use of firefighting and rescue vehicles and equipment for the civil defense force under their management scope, including the following contents: principles of equipment management and use; responsibilities of commune-level People’s Committees and members of civil defense teams in equipping, managing, and using equipment; conditions and responsibilities of individuals assigned to manage warehouses or storage places for such equipment; and other relevant contents.
3. Heads of units under the Ministry, Directors of provincial and municipal Public Security Departments, and relevant organizations and individuals shall be responsible for implementing this Circular.
4. It is requested that the heads of ministries, ministerial-level agencies, agencies under the Government, and People’s Committees of centrally-run provinces and cities, within the scope of their functions, tasks, and powers, coordinate with the Ministry of Public Security in managing and inspecting the implementation of the management, preservation, and maintenance of fire prevention, firefighting, rescue, and relief equipment and vehicles of the agencies and organizations under their respective management.
During the implementation of this Circular, if any difficulties or problems arise, relevant Public Security units, local authorities, agencies, organizations, and individuals shall report to the Ministry of Public Security (via the Police Department of Fire Prevention, Fighting and Rescue) for timely guidance./.
| THE MINISTER
General Luong Tam Quang
|
* All Appendices are not translated herein.
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