Decree No. 79/2014/ND-CP dated July 31, 2014 of the Government detailing a number of articles 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

Decree

Detailing a number of articles 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[1]

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the June 29, 2001 Law on Fire Prevention and Fighting and the November 22, 2013 Law Amending and Supplementing a Number of Articles of the Law on Fire Prevention and Fighting;

At the proposal of the Minister of Public Security,

The Government promulgates the Decree detailing a number of articles 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.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Decree prescribes fire prevention and fighting activities, organization of fire prevention and fighting forces and equipment; investment in fire prevention and fighting activities, and responsibilities of ministries, ministerial-level agencies, government-attached agencies and People’s Committees of all levels in fire prevention and fighting activities.

Article 2.Subjects of application

This Decree applies to agencies, organizations and households in fire prevention and fighting activities and other agencies, organizations and individuals involved in fire prevention and fighting activities in Vietnam.

Article 3.Fire prevention and fighting knowledge education and training

The Ministry of Education and Training shall assume the prime responsibility for, and coordinate with the Ministry of Public Security in, developing contents and setting lengths of time for training in fire prevention and fighting knowledge and skills for incorporation in the curricula and extra-curricular activities at schools and other educational institutions as suitable to each educational level and field.

Article 4.Appendices

Promulgated together with this Decree are appendices on the lists of establishments, projects and works subject to fire prevention and fighting management, fire prevention and fighting equipment and specifications on signal pennants, signs, barricade tapes and armbands used in fire fighting:

1. Appendix I: List of establishments subject to fire prevention and fighting management.

2. Appendix II: List of fire- and explosion-prone establishments.

3. Appendix III: List of establishments that are required to notify the fire fighting police of their satisfaction of fire prevention and fighting safety conditions before being put to use.

4. Appendix IV: List of projects and works with fire prevention and fighting designs subject to examination and approval by the fire fighting police.

5. Appendix V: List of fire prevention and fighting equipment.

6. Appendix VI: Specifications of priority signs and signals used in fire fighting.

Chapter II

FIRE PREVENTION

Article 5.Establishments subject to fire prevention and fighting management

Establishments subject to fire prevention and fighting management include production and business places, public facilities, working offices, condominiums and independent works prescribed in Clause 1, Article 1 of the Law Amending and Supplementing a Number of Articles of the Law on Fire Prevention and Fighting, and specified in Appendix I to this Decree. An agency or organization may possess one or more than one establishment.

Article 6.Fire- and explosion-prone establishments

Fire- and explosion-prone establishments defined in Clause 4, Article 3 of the Law on Fire Prevention and Fighting are those subject to fire prevention and fighting management prescribed in Article 5 of this Decree and required to ensure high fire prevention and fighting safety, which are specified in Appendix II to this Decree.

Article 7.Fire prevention and fighting safety conditions for establishments

1. A fire- and explosion-prone establishment specified in Appendix II to this Decree must meet the following fire prevention and fighting safety conditions:

a/ Having regulations, internal rules, ban signs, notice signs, instructional diagrams or signs on fire prevention and fighting and fire exits, which are suitable to its operation characteristics.

b/ Fire prevention and fighting responsibilities and tasks are clearly defined and assigned in the establishment;

c/ Electric, lightning arrester and anti-static electricity systems; electric equipment, flame- and heat-generating equipment; and the use of ignition and heat sources must ensure fire prevention and fighting safety;

d/ Having fire prevention and fighting safety technical processes suitable to its production, business or service conditions;

dd/ Having its own specialized fire prevention and fighting force which is trained in fire prevention and fighting skills and organized to be ready for fire fighting to meet on-site fire fighting requirements;

e/ Having fire fighting and escape plans approved by competent authorities under Article 21 of this Decree;

g/ Having road, water supply and communication systems to serve fire fighting, fire alarming, fighting and stoppage system and other fire prevention and fighting equipment and human rescue equipment which are suitable to its characteristics and ensuring their quantity, quality and operation under the fire prevention and fighting standards and technical regulations or regulations of the Ministry of Public Security;

h/ Possessing the fire fighting police’s fire prevention and fighting examination and approval, inspection and test documents for works specified in Appendix IV to this Decree;

i/ Keeping files on management and monitoring of fire prevention and fighting activities under regulations of the Ministry of Public Security.

2. Establishments subject to fire prevention and fighting management specified in Appendix I to this Decree, which are not fire- and explosion-prone establishments, must meet the fire prevention and fighting safety conditions prescribed in Clause 1 of this Article as suitable to their operation scale and characteristics and conformable to fire prevention and fighting standards and technical regulations.

3. The fire prevention and fighting safety conditions prescribed in Clause 1 of this Article shall be met and maintained throughout the operation process.

Article 8.Fire prevention and fighting safety conditions for residential areas

1. Having regulations and internal rules on fire prevention and fighting, on the use of electricity, flame and flammables and explosives; ban signs, notice signs, instructional diagrams or boards on fire prevention and fighting and fire exits, which are suitable to their characteristics.

2. Having fire prevention and fighting designs which are inspected and approved, for newly built residential areas.

3. Having electricity systems up to the fire prevention and fighting safety standards.

4. Having roads and water sources to serve fire fighting, anti-fire spread solutions, fire prevention and fighting equipment with adequate quantity and good quality under the fire prevention and fighting standards and technical regulations or regulations of the Ministry of Public Security.

5. Having fire fighting and escape plans approved by competent authorities under Article 21 of this Decree.

6. Having a civil guard force trained in fire prevention and fighting skills and organized to be ready for fire fighting to meet on-site fire fighting requirements.

7. Keeping files on management and monitoring of fire prevention and fighting activities under regulations of the Ministry of Public Security.

Article 9.Fire prevention and fighting safety conditions for households

1. Kitchens, worshiping places, ignition and heat sources, flame- and heat-generating equipment, electricity systems and electric equipment ensure fire prevention and fighting safety.

2. Property, supplies and flammables are located, arranged, preserved and used in accordance with fire prevention and fighting safety regulations.

3. Possessing fire fighting equipment suitable to activity characteristics and conditions of each household.

Article 10.Fire prevention and fighting safety conditions for motor vehicles and vessels

1. Motor vehicles of four or more seats, motor vehicles and vessels used to transport fire- and explosion-prone substances and commodities must meet and maintain the following fire prevention and fighting safety conditions:

a/ Having regulations, internal rules, ban signs, notice signs, instructional diagrams or boards on fire prevention and fighting and fire escape suitable to their operation characteristics;

b/ Vehicle or vessel operation process; power and fuel systems; the arrangement of people, supplies and commodities onboard the vehicles or vessels ensure fire prevention and fighting safety;

c/ Motor vehicle or vessel operators are provided with knowledge about fire prevention and fighting in driving training courses under regulations of the Ministry of Transport;

d/ Motor vehicle or vessel operators enjoying the responsibility allowance under the law on wages and responsibility allowance for cadres, civil servants, public employees and armed force personnel, and operators of, workers and attendants working on motor vehicles of 30 seats or more or on specialized motor vehicles or vessels used for transportation of fire- and explosion-prone substances and commodities possess certificates of training in fire prevention and fighting issued by a competent fire fighting police office;

dd/ Having fire fighting equipment suitable to the requirements and characteristics of the vehicles or vessels, ensuring their quantity, quality and operation under fire prevention and fighting standards and technical regulations or regulations of the Ministry of Public Security.

2. Motor vehicles or vessels with special requirements on fire prevention and fighting safety, including special-use vessels and trains for transportation of passengers, gasoline, oil, flammable liquids, burning gas, explosives and fire- and explosion-prone chemicals must meet and maintain the following fire prevention and fighting safety conditions:

a/ The conditions prescribed in Clause 1 of this Article as suitable to their operation characteristics;

b/ Possessing the fire prevention and fighting examination and approval, inspection and test documents issued by the fire fighting police office.

3. Motor vehicles and vessels carrying fire- and explosion-prone substances and goods on inland waterways, railways and roads must have permits for the transportation thereof, which are granted by the fire fighting police in accordance with the law on transportation of dangerous goods on inland waterways, railways and roads (except for cases falling under the competence of the Ministry of National Defense).

The Ministry of Public Security shall stipulate in detail the forms of, procedures and decentralization of the competence for the grant of, permits for transportation of fire- and explosion-prone substances and goods.

Article 11. Fire prevention and fighting safety conditions for high rises and steel-frame and corrugated iron-roof houses

High rises and steel-frame and corrugated iron-roof houses being the establishments specified in Appendix II to this Decree, must, apart from the fire prevention and fighting safety conditions prescribed in Clause 1, Article 7 of this Decree, satisfy the following conditions:

1. For high-rises of over 9 stories or 25 m or higher:

a/ Their building structure ensures the fire-resistance limit suitable to their use and height under the fire prevention and fighting standards and technical regulations;

b/ Flammable interior decoration materials, sound-proof materials and thermal insulation materials are not be used for the construction of walls, partitions and suspended ceilings of fire exit ways and stair chambers and public rooms where many people regularly gather.

2. Steel-frame and corrugated iron-roof houses with an area exceeding the fire prevention compartment area under fire prevention and fighting standards and technical regulations must meet the following conditions:

a/ Having solutions to prevent fire spread with construction structures or fire prevention and fighting systems;

b/ Having solutions to increase the fire-resistance limit of major building structures under fire prevention and fighting standards and technical regulations, aiming to restrict the risk of collapse when a fire breaks out.

Article 12.Fire prevention and fighting requirements in the planning of projects on construction or renovation of urban centers, residential areas, industrial parks, export processing zones and hi-tech parks

In planning projects on construction or renovation of urban centers, residential areas, industrial parks, export processing zones and hi-tech parks, the following conditions shall be met:

1. Locations for construction of works or work clusters, the arrangement of land lots and building blocks ensure prevention of fire spreads and minimize adverse impacts of heat, smoke, dust and toxic gas generated by fires on surrounding residential areas and works.

2. Systems of roads and spaces are large and strong enough for the operation of fire engines.

3. Fire fighting water supply, electricity supply and communication systems are ready to serve fire fighting and fire alarming activities.

4. Fire fighting police units are located at places necessary and conformable with planning to ensure their readiness, training, preservation and maintenance of fire fighting equipment under regulations of the Ministry of Public Security.

5. Projects contain a fund estimate for fire prevention and fighting activities.

Article 13.Fire prevention and fighting requirements in the elaboration of work construction projects and designs

In the elaboration of projects and designs for construction, renovation or utility change of works subject to examination and approval of fire prevention and fighting designs, the following conditions shall be met:

1. Locations for construction ensure a fire prevention and fighting safety distance from surrounding works.

2. Fire-resistance grades of works conform with the operation scale and characteristics of works; there are solutions to prevent fires and fire spread between items of each work and between one work and another.

3. Manufacturing technologies, electricity, lightning arrester, anti-static electricity and anti-explosion systems of works and the arrangement of technical systems, equipment and supplies meet the fire prevention and fighting safety requirements.

4. Fire exits (doors, passages, corridors and stairs), lighting equipment, smoke ventilation, exit instructions and signs and human rescue equipment ensure fast and safe escape.

5. Roads and parking lots to serve the operation of fire engines are large and strong enough; fire fighting water supply systems meet the fire fighting requirements.

6. Fire alarm and fire fighting systems and other fire fighting equipment ensure their quantity, installation positions and technical specifications suitable to operation characteristics of works under fire prevention and fighting standards and technical regulations.

7. Projects and designs contain a funding estimate for fire prevention and fighting activities.

Article 14.Fire prevention and fighting fund in investment and construction

1. Fire prevention and fighting fund in investment and construction covers funding amounts for fire prevention and fighting activities specified in Articles 12 and 13 of this Decree and other funding amounts for the formulation of fire prevention and fighting projects and designs, examination and approval, test run, inspection, construction and pre-acceptance test.

2. Fire prevention and fighting fund in investment and construction and fund for maintenance of operation of fire prevention and fighting forces and equipment shall be arranged right in the stage of elaboration of planning projects, investment projects and work designs.

Article 15.Fire prevention and fighting designs and approval thereof

1. Construction planning designs, investment projects and designs for construction, renovation or utility change of works and work items (below referred collectively to as projects and works), motor vehicles and vessels with special requirements on fire prevention and fighting safety, which are newly manufactured or converted with funds from any sources must comply with fire prevention and fighting standards and technical regulations, The elaboration of projects and work designs specified in Appendix IV to this Decree and motor vehicles and vessels with special fire prevention and fighting requirements shall be carried out by qualified designing consultancy units with full legal person status.

2. Subject to fire prevention and fighting design inspection and approval are:

a/ Projects and works specified in Appendix IV to this Decree upon new construction, renovation or utility change.

b/ Motor vehicles and vessels with special fire prevention and fighting safety requirements prescribed in Clause 2, Article 10 of this Decree when being manufactured or converted.

3. Dossiers of fire prevention and fighting design examination and approval

Dossiers of fire prevention and fighting design examination and approval shall be made in two sets with the certification by project owners or vehicle owners; if the dossiers are made in a foreign language, the Vietnamese translation of the explanations shall be enclosed therewith, specifically as follows:

a/ For planning design projects, a dossier must comprise:

- The written request for examination of and comments on fire prevention and fighting solutions of the project-approving agency or project owner (enclosed with the written authorization, if another unit is authorized to perform the task);

- Total investment estimate of the planning design project;

- Documents and detailed planning drawings of 1:500 scale, showing the contents of requirements on fire prevention and fighting solutions prescribed in Clauses 1, 2, 3 and 4, Article 12 of this Decree.

b/ For basic designs, a dossier must comprise:

- The project owner’s written request for examination of and comments on fire prevention and fighting solutions (enclosed with the written authorization, if another unit is authorized to perform the task);

- A copy of the investment permit of a competent authority;

- The total investment estimate for the project or work;

- The basic design drawings and written explanations, demonstrating the contents of fire prevention and fighting requirements prescribed in Clauses 1, 2, 3, 4, 5 and 6, Article 13 of this Decree.

c/ For technical designs or construction drawing designs, a dossier must comprise:

- The project owner’s written request for appraisal and approval of fire prevention and fighting design (enclosed with the written authorization if another unit is authorized to perform the task);

- A copy of the written approval of the planning of a competent authority;

- The total investment estimate for the project or work;

- The drawings and written explanations of the technical design or construction drawing design, demonstrating the contents of fire prevention and fighting requirements prescribed in Clauses 1, 2, 3, 4, 5 and 6, Article 13 of this Decree.

d/ For approval of construction locations, a dossier must comprise:

- The project owner’s written request for approval of fire prevention and fighting for the construction location (enclosed with the written authorization if another unit is authorized to perform the task);

- A copy of the document clearly stating the legality of the land plot projected for construction;

- Drawings and documents clearly expressing the current terrain conditions of the land lot related to fire prevention and fighting such as the fire-resistance degree of the to-be constructed work, the distance from the work to surrounding works, the wind direction, the work’s height.

dd/ For the technical designs of motor vehicles or vessels with special fire prevention and fighting safety requirements, a dossier must comprise:

- The vehicle or vessel owner’ written request for examination and approval of fire prevention and fighting design (enclosed with the written authorization if another unit is authorized to perform the task);

- A copy of a competent authority’s permit for investment in the manufacture or conversion of vehicles or vessels;

- The total investment estimate for the vehicles or vessels;

- The technical design drawings and explanation, demonstrating the fire prevention and fighting safety solutions, suitable to the fire- and explosion-prone operation and characteristics of the vehicles or vessels; the conditions for fire stoppage, fire spread prevention, escape, human rescue upon occurrence of fires; measures to ensure fire prevention and fighting safety for electricity and fuel systems and engines; fire alarming and fighting systems and other fire fighting equipment; systems of equipment for and remedy of leakage of flammable and explosive gases or liquids.

4. Order of fire prevention and fighting design examination and approval

a/  The fire fighting police shall appraise and approve fire prevention and fighting designs, for technical design dossiers or construction drawing design dossiers of projects or works;

For dossiers of planning designs of 1:500 scale of planning design projects and dossiers of basic designs of projects or works, the fire fighting police shall issue written replies on fire prevention and fighting solutions.

b/ Fire- and explosion-prone works specified in Sections 14, 16 and 20 of Appendix IV to this Decree must have the fire fighting police’s written approval of construction locations before designing the works;

c/ For motor vehicles and vessels with special requirements on fire prevention and fighting safety, the fire fighting police shall appraise and approve the fire prevention and fighting designs for technical design dossiers.

5. Time limits for appraising and approving fire prevention and fighting designs

The time limits for fire prevention and fighting design appraisal and approval shall be counted from the time of receipt of a complete and valid dossier, specifically as follows:

a/ For planning design projects: 10 working days;

b/ For work construction location approval: 5 working days;

c/ For basic designs: 10 working days for group-A projects; 5 working days for projects of groups B and C;

d/ For technical designs or construction drawing designs: 15 working days for group-A projects or works; 10 working days for projects and works of groups B and C.

The classification of projects and works into A, B and C groups must comply with the Government’s regulations on management of work construction investment projects;

dd/ For technical designs of motor vehicles and vessels with special requirements on fire prevention and fighting safety: 10 working days.

6. Projects and works not on the list provided in Appendix IV to this Decree, upon their new construction, renovation or utility change, shall still be designed to satisfy the fire prevention and fighting requirements under the fire prevention and fighting standards and technical regulations but must not necessarily comply with the fire prevention and fighting designs.

7. The contents of approving fire prevention and fighting designs for planning design projects must comply with Clauses 1, 2, 3 and 4, Article 12 of this Decree; for work designs, they must comply with Clauses 1, 2, 3, 4, 5 and 6 of Article 13 of this Decree.

The results of fire prevention and fighting design appraisal and approval serve as a ground for consideration and approval of projects and grant of construction permits.

8. The Ministry of Public Security shall stipulate the decentralization of the competence to approve fire prevention and fighting designs for projects, works and motor vehicles and vessels with special requirements on fire prevention and fighting safety; and guide the contents and order of appraising and approving these fire prevention and fighting designs.

9. The Ministry of Finance shall assume the prime responsibility for, and reach agreement with the Ministry of Public Security on, stipulating the collection and use of fire prevention and fighting design appraisal and approval charges. Fire prevention and fighting appraisal and approval charges shall be included in total investment amounts of projects, works or motor vehicles or vessels.

Article 16.Responsibilities of project owners, motor vehicle or vessel owners, project counseling and construction supervising units, design counseling units, construction contractors, project-approving agencies, construction permit-granting agencies and fire fighting police in investment and construction

1. Responsibilities of project owners or motor vehicle or vessel owners:

a/ To elaborate designing projects under Clause 1, Article 15 of this Decree. To submit dossiers for appraisal and approval of fire prevention and fighting designs to the fire fighting police, for motor vehicles or vessels with special requirements on fire prevention and fighting safety, and projects and works specified in Appendix IV to this Decree;

b/ To organize, inspect and supervise the construction according to the approved fire prevention and fighting designs. If in the course of construction there appear changes in fire prevention and fighting designs and equipment, explanations or additional designs shall be provided for re-appraisal and approved;

c/ To organize pre-acceptance tests of fire prevention and fighting for motor vehicles or vessels with special requirements on fire prevention and fighting safety, projects and works specified in Appendix IV to this Decree;

d/ For establishments specified in Appendix III to this Decree and motor vehicles and vessels with special requirements on fire prevention and fighting safety, before being put to use, the establishment heads and the vehicle or vessel owners shall notify the fire fighting police of the satisfaction of the conditions on fire prevention and fighting safety;

dd/ To ensure fire prevention and fighting safety for works throughout the process of construction until the pre-acceptance test and handover for operation.

2. Responsibility of project consultancy and construction supervision units:

To be answerable to law and project owners for the materialization of fire prevention and fighting contents as committed in the contracts signed with the project owners.

3. Responsibilities of design consultancy units:

a/ To design in accordance with the fire prevention and fighting requirements; to be accountable for designing product quality during the work construction and use;

b/ To perform author supervision throughout the work construction and installation;

c/ To take part in fire prevention and fighting pre-acceptance tests.

4. Responsibilities of construction contractors:

a/ To carry out construction strictly according to the approved fire prevention and fighting designs;

b/ To ensure fire prevention and fighting safety within their management scope throughout the process of construction until handover;

c/ To compile construction completion dossiers; to prepare documents and conditions for pre-acceptance tests and to participate in the pre-acceptance tests of works.

5. Responsibilities of project-approving agencies and construction permit-granting agencies:

a/ Agencies approving the projects and works specified in Appendix IV to this Decree shall, before approving them, obtain certificates of fire prevention and fighting design appraisal and approval, the written approval of construction locations or fire prevention and fighting solutions documents from the fire fighting police, depending on each project or work.

b/ The construction permit-granting agencies shall, before issuing permits, request project owners to produce fire prevention and fighting design appraisal and approval certificates of the fire fighting police, for projects and works specified in Appendix IV to this Decree.

6. Responsibilities of the fire fighting police:

a/ To consider and reply on fire prevention and fighting solutions for planning design dossiers and basic design dossiers; to approve work construction locations; to appraise and approve fire prevention and fighting designs, for dossiers of technical designs or construction drawing designs of projects or works prescribed in Appendix IV to this Decree and motor vehicles or vessels with special requirements on fire prevention and fighting safety;

b/ To inspect fire prevention and fighting equipment; to inspect fire prevention and fighting safety in the course of construction;

c/ To inspect the pre-acceptance tests of fire prevention and fighting for projects, works and motor vehicles and vessels with special requirements on fire prevention and fighting safety according to their competence.

Article 17.Fire prevention and fighting pre-acceptance tests

1. Projects, works or motor vehicles and vessels with special requirements on fire prevention and fighting safety, which have been approved in terms of fire prevention and fighting, are subject to fire prevention and fighting pre-acceptance tests organized by project owners or vehicle or vessel owners before being put to use.

Fire prevention and fighting pre-acceptance tests include pre-acceptance tests of every part, every stage, every item and handover pre-acceptance test; particularly for parts of works, motor vehicles and vessels with special requirements on fire prevention and fighting safety, which are hidden during construction, they shall be tested before proceeding to subsequent stages.

2. Fire prevention and fighting pre-acceptance test procedures:

a/ The objects specified in Clause 2, Article 15 of this Decree are subject to fire prevention and fighting pre-acceptance tests organized by project owners or vehicle or vessel owners, who before putting them to use, shall notify the fire fighting police office which has appraised and approved them, to inspect the tests.

b/ A fire prevention and fighting pre-acceptance test dossier must comprise:

- A copy of the fire prevention and fighting design appraisal and approval certificate of the fire fighting police;

- A copy of the certificate of inspection of fire prevention and fighting equipment installed in the work or motor vehicle or vessel;

- Written records of pilot operation and pre-acceptance test of every part and overall pre-acceptance tests of fire prevention and fighting items and systems;

- Drawings of construction completion of the fire prevention and fighting system and items related to fire prevention and fighting in conformity with the approved design dossier;

- Documents and instructions on operation, maintenance of fire prevention and fighting equipment and systems of the work or motor vehicle or vessel;

- Documents on the pre-acceptance tests of completed systems and equipment related to fire prevention and fighting.

The above documents shall be certified by project owners, vehicle or vessel owners, contractors and design consultancy units. A document made in a foreign language shall be translated into Vietnamese.

c/ The fire fighting police office shall inspect the fire prevention and fighting pre-acceptance tests in the following aspects:

- The contents and legality of the fire prevention and fighting pre-acceptance test dossier prepared by the project owner or motor vehicle or vessel owner;

- The construction, the installation of fire prevention and fighting equipment of the work or motor vehicle or vessel according to the approved design;

- The actual pilot operation of fire prevention and fighting equipment of the work or motor vehicle or vessel, when finding it necessary to organize the inspection thereof.

d/ Within 7 working days after the approval of the pre-acceptance test inspection records, the fire fighting police shall examine and issue fire prevention and fighting pre-acceptance test documents if all conditions are met;

dd/ The fire prevention and fighting pre-acceptance test documents of the fire fighting police serve as a ground for project owners to accept, make payments and put the works or motor vehicles or vessels with special requirements on fire prevention and fighting safety to use.

Article 18. Inspection of fire prevention and fighting safety

1. The fire prevention and fighting safety inspection covers the following contents:

a/ The fire prevention and fighting safety conditions of establishments, residential areas, households, forests, motor vehicles or vessels as prescribed by the Law on Fire Prevention and Fighting, this Decree and other relevant laws;

b/ The performance of fire prevention and fighting responsibilities by every subject defined in  the Law on Fire Prevention and Fighting, this Decree and other relevant laws;

c/ The observance of the Law on Fire Prevention and Fighting, this Decree, standards and technical regulations, relevant regulations and the fire prevention and fighting requirements of the fire fighting police.

2. The fire prevention and fighting safety inspection shall be carried out regularly, periodically and irregularly as follows:

a/ Heads of establishments, chairpersons of commune-level People’s Committees, motor vehicle or vessel owners, forest owners or household heads shall organize regular, periodical and irregular inspections of fire prevention and fighting safety within the scope of their management;

b/ Heads of agencies or organizations or chairpersons of People’s Committees of district or higher levels shall organize periodical and irregular inspections of fire prevention and fighting safety within the scope of their management;

c/ The fire fighting police offices shall conduct quarterly fire prevention and fighting safety inspections of fire- and explosion-prone establishments and motor vehicles and vessels with special requirements on fire prevention and fighting safety; biannual or annual inspections of other subjects and irregular inspections upon appearance of fire prevention and fighting safety risks or violations of regulations on fire prevention and fighting safety and upon special requests for protection.

3. The Ministry of Public Security shall specify the procedures for fire prevention and fighting safety inspection.

Article 19.Suspension and termination of operations of establishments, motor vehicles and vessels, households and individuals that fail to ensure fire prevention and fighting safety

1. Cases of operation suspension:

a/ There appears a source of ignition or heat in a fire- or explosion-prone environment, or there appears a fire- or explosion-prone environment when a source of ignition or heat exists (below referred to as direct risk of fire or explosion occurrence);

b/ A violation of regulations on fire prevention and fighting, which, unless being stopped in time, may lead to the direct risk of fire or explosion occurrence or and cause especially serious consequences;

c/ A violation of regulations on fire prevention and fighting, which is not yet redressed though it was so requested by the fire fighting police or which was administratively sanctioned but is still repeated.

2. The operation suspension shall be limited to the smallest scope and on the principle that operation will be suspended only within the scope where the direct risk of fire or explosion occurs or the violation of regulations on fire prevention and fighting is committed.

3. The suspension duration shall be determined based on the conditions and capability to eliminate the direct risk of fire or explosion or the capability to redress the violations related to fire prevention and fighting, but must not exceed 30 days.

4. The operations of establishments, motor vehicles or vessels, households or individuals, which are suspended under Clause 1 of this Article, shall be terminated if the suspension duration has expired but the violations have not been addressed or cannot be addressed and may lead to the risk of fire or explosion with serious consequences. The operation termination may be effected for parts, some or all of operations of establishments, motor vehicles or vessels, households or individuals.

5. An operation suspension or termination decision shall be issued in writing; in case of urgency, the suspension decisions may be made verbally but later shall be immediately made in writing.

Upon receipt of suspension decisions, heads of establishments, agencies, organizations or households, motor vehicle or vessel operators or owners or individuals shall immediately abide by the decisions and eliminate as soon as possible the direct risk of fire or explosion or address the violation of regulations on fire prevention and fighting.

6. Competence to suspend or terminate operations is prescribed as follows:

a/ The Minister of Public Security or authorized persons are competent to decide on the partial or full suspension or termination of operations of establishments, motor vehicles or vessels, households or individuals nationwide;

b/ The chairpersons of the People’s Committees at all levels are competent to decide on the partial or full suspension or termination of operations of establishments, motor vehicles or vessels, households or individuals falling under their respective management;

c/ The Director of the Fire Fighting, Rescue and Salvage Police Department, heads of local fire fighting police offices may, within the scope of their respective competence, decide on partial or full suspension or termination of operations of establishments, motor vehicles and vessels, households and individuals;

d/ Fire fighting police officers and men may suspend the operations in the cases specified at Point a, Clause 1 of this Article and immediately after the suspension shall report it to their direct supervisors who have competence to decide on the suspension.

7. The Ministry of Public Security shall stipulate in detail the decision forms and operation suspension and termination procedures.

Article 20.Restoration of operations of establishments, motor vehicles and vessels, households and individuals

1. If during the operation suspension, the direct risk of fire or explosion is eliminated or the violation of fire prevention and fighting regulations is addressed, a petition for operation restoration shall be filed with a competent person who previously issued the suspension decision for consideration and decision.

2. Establishments, motor vehicles, vessels, households or individuals that have been terminated from operation, but later fully meet the fire prevention and fighting safety conditions and wish to restore their operation, shall file a petition for operation restoration with a competent person who previously issued the operation termination decision for consideration and decision.

3. The operation restoration decisions shall be made in writing; the competent persons who have verbally decided the suspension but later the direct risk of fire or explosion was eliminated or the violation of fire prevention and fighting regulations was completely addressed, may verbally decide on the operation restoration.

4. Persons competent to decide on operation suspension or termination are competent to decide on the operation restoration.

5. The Ministry of Public Security shall stipulate in detail the decision forms and operation restoration procedures.

Chapter III

FIRE FIGHTING

Article 21.Fire fighting plans

1. A fire fighting plan must ensure the following basic requirements and contents:

a/ Stating the dangerous nature and characteristics of fires, explosions, hazards and conditions related to fire fighting;

b/ Envisioning the most complicated fire circumstance and a number of other typical fire circumstances which may occur, the possibility of fire development at different degrees;

c/ Planning the mobilization and use of forces and equipment, organization of command, technical measures, fire fighting tactics and activities serving fire fighting suitable to each stage of each circumstance.

2. Responsibility to make fire fighting plans:

a/ Chairpersons of commune-level People’s Committees, heads of establishments, village chiefs, forest owners and owners of motor vehicles or vessels with special requirements on fire prevention and fighting safety shall organize the making of plans for fire fighting, use of on-site forces and equipment under their respective management (below referred to as fire fighting plans of establishments). Heads of nuclear facilities shall make plans for fire fighting and rescue, salvage in nuclear incident-causing fire and explosion circumstances prescribed at Points a, b and c, Clause 2, Article 82 of the Law on Atomic Energy;

Chairpersons of commune-level People’s Committees, heads of establishments, or residential areas in the list prescribed by the Ministry of Public Security at Point b of this Clause shall coordinate with the fire fighting police in making fire fighting plans for residential areas or establishments under their respective management under the guidance of the Ministry of Public Security;

b/ The fire fighting police offices shall make fire fighting plans for establishments or residential areas requiring the mobilization of forces and equipment of the fire fighting police, of various agencies, organizations and localities (below referred to as the fire fighting plans of fire fighting police);

The Ministry of Public Security shall prescribe the list of establishments and residential areas with fire fighting plans to be made  by the fire fighting police.

c/ Chairpersons of provincial-level People’s Committees with areas bordering two provinces and centrally run cities shall coordinate and direct the making and approval of fire fighting plans for mobilization and organization of forces, fire fighting equipment upon the occurrence of big fires or fires likely to cause serious human and material losses in these areas;

d/ Chairpersons of provincial-level People’s Committees of localities where nuclear facilities are located shall organize the making of plans for fire fighting, rescue and salvage in nuclear incident-causing fire and explosion circumstances prescribed at Point d, Clause 2, Article 82 of the Law on Atomic Energy; prepare plans for coordination and organization of forces for putting out fires at establishments and forests in commune-level areas that border two provinces and centrally run cities;

dd/ The Ministry of Public Security shall assume the prime responsibility for, and coordinate with the Ministry of Science and Technology, the Ministry of Industry and Trade, the Ministry of Health, the Ministry of National Defense, provincial-level People’s Committees of localities where nuclear facilities are located and related agencies and organizations in, making  plans for fire fighting, rescue and salvage in nuclear incident-causing fire or explosion circumstances prescribed at Point dd, Clause 2, Article 82 of the Law on Atomic Energy;

e/ Fire fighting plans shall be promptly supplemented or adjusted upon changes in the dangerous characteristics of fires, explosions, hazards and conditions related to fire fighting activities.

3. Fire fighting plans made under Points a and c, Clause 2 of this Article shall be managed at establishments and photocopied for sending to fire fighting police units managing the areas; fire fighting plans made under Points b and d, Clause 2 of this Article shall be managed at fire fighting police offices and photocopied for sending to establishments, commune-level People’s Committees of localities for which the fire fighting plans were made. Agencies and organizations with forces and equipment involved in the plans shall be briefed on the contents related to their tasks.

4. Regime and responsibility for organization of fire fighting drills:

a/ For fire fighting plans made under Point a, Clause 2 of this Article, drills shall be organized at least once a year and irregularly when so requested;

b/ For fire fighting plans made under Points b, c and d, Clause 2 of this Article, drills shall be organized when so requested;

c/ Heads of agencies or organizations, chairpersons of commune-level People’s Committees shall organize drills under fire fighting plans. For plans prescribed at Points b, c and d, Clause 2 of this Article, before the organization of drills, consultation with the fire fighting police is required in order to mobilize its forces and equipment;

d/ Forces and equipment listed in the fire fighting plans, when being mobilized for drills, must be fully engaged therein.

5. The fire fighting police shall guide and examine the making, management and use of fire fighting plans and drills.

6. The Ministry of Public Security shall stipulate the forms of fire fighting plans of establishments and the fire fighting police; define the approving competence, the fire drilling duration; specify the responsibilities of related agencies, organizations, households and individuals when the fire fighting police organizes the making of fire fighting plans; and prescribe the fire drilling regime of the fire fighting police.

Article 22.Responsibility to report on fires, fight fires and participate in fire fighting

1. Those who detect a fire shall by all means report it to people around and to one or all of the following units:

a/ Civil guard teams or grassroots or specialized fire fighting teams at places where the fire occurs;

b/ The nearest fire fighting police office;

c/ The local administration or the nearest public security office.

2. The agencies or units defined in Clause 1 of this Article, upon receiving a report on a fire occurring in the area under their respective management shall quickly rush to the area, organize the fire fighting and at the same time notify other necessary agencies thereof for fire fighting assistance; if the fire occurs outside their assigned area, after receiving the report on the fire, they shall seek ways to quickly inform it to agencies or units managing the area where the fire occurs for handling and concurrently report it to their superiors.

3. Those who are present at the place where a fire occurs and have good health shall seek ways to rescue people, prevent the fire spread and stop the fire; fire fighting participants shall abide by the orders of the fire fighting commander.

4. The public security, army and self-defense forces and health, power and water supply, urban sanitation, transport and other concerned agencies have the duty to fight fires and participate in fire fighting as prescribed in Clauses 2, 3 and 4, Article 33 of the Law on Fire Prevention and Fighting.

Article 23.Mobilization of priority vehicles, personnel and equipment of the army, international organizations, foreign organizations and individuals in Vietnam for fire fighting

1. Personnel and equipment of the army, when not being on emergency duty, may all be mobilized for fire fighting and serving fire fighting. The army unit commanders, upon receiving the orders on mobilization of forces and equipment for fire fighting and serving fire fighting, shall immediately abide by the orders or report them to their competent superiors for organization of implementation.

The Ministry of Public Security shall assume the prime responsibility for, and coordinate with the Ministry of National Defense in, guiding in detail the mobilization of army personnel and equipment for fire fighting and serving fire fighting.

2. Vehicles of the following types may not be mobilized for fire fighting and serving fire fighting

a/ Military vehicles and police vehicles on emergency duty;

b/ Ambulances performing first-aid tasks;

c/ Dyke maintenance vehicles, vehicles performing other tasks to remedy natural disasters or emergency situations as prescribed by law;

d/ Police-led motorcades;

dd/ Funeral vehicles;

e/ Other priority vehicles prescribed by law.

3. Personnel and equipment of international organizations and foreign organizations or individuals in Vietnam may be mobilized for fire fighting and serving fire fighting, except  those enjoying privileges and immunities as prescribed by law.

The Ministry of Foreign Affairs shall notify the Ministry of Public Security of international organizations and foreign organizations and individuals in Vietnam that enjoy privileges and immunities.

Article 24.Competence to mobilize forces, equipment and property for fire fighting

1. The competence to mobilize forces, equipment and property for fire fighting is provided as follows:

a/ Fire fighting commanders being fire fighting policemen, heads of agencies or organizations, or chairpersons of People’s Committees of commune or higher levels are competent to mobilize forces, equipment and property of agencies, organizations, households and individuals under their management; if it is necessary to mobilize forces, equipment and property not under their management, they shall report it to persons with mobilizing competence for decision;

b/ Heads of local fire fighting police offices are competent to mobilize forces, equipment and property of agencies, organizations, households and individuals in areas under their management. After the mobilization, they shall notify competent persons managing such forces, equipment and property thereof;

c/ The Director of the Fire Prevention and Fighting, Rescue and Salvage Police Department is competent to mobilize forces, equipment and property of agencies, organizations, households and individuals nationwide. After the mobilization, he/she shall notify competent persons managing such forces, equipment and property thereof.

2. The Ministry of Public Security shall prescribe the forms, management and use of orders on mobilization of forces, equipment and property for fire fighting and mobilization procedures.

Article 25.Return and compensation for damage of equipment and property mobilized for fire fighting

Equipment and property of agencies, organizations, households or individuals which are mobilized for fire fighting and serving fire fighting shall be returned after the completion of fire fighting. If the mobilized equipment or property are lost or damaged, facilities demolished under Points c and d, Clause 1, Article 38 of the Law on Fire Prevention and Fighting, compensations shall be paid in accordance with law.

Compensation funds shall be provided from the state budget.

Article 26.Priority and assurance of priority rights for people and equipment mobilized for fire fighting and participation in fire fighting

1. Vehicles, vessels, aircraft and other means of transport of the fire fighting police force, when being used for fire fighting and serving fire fighting, are entitled to use the priority signals, the right of way and other priorities prescribed by law.

Road motor vehicles of agencies, organizations and individuals, which are mobilized for fire fighting, are entitled to enjoy the priority rights prescribed at Point b, Clause 2, Article 36 of the Law on Fire Prevention and Fighting and are given priority to cross bridges, get onboard ferries and exempt from toll charges.

2. When persons mobilized for fire fighting produce mobilization orders, vehicle or vessel or operators or concerned responsible people shall immediately allow them to go as soon as possible.

Article 27.Signal pennants, signs and barricade tapes used in fire fighting

The signal pennants, signs and barricade tapes used in fire fighting include:

1. The fire fighting signal pennants, the fire fighting command flag.

2. The fire fighting commander armband.

3. Signs and barricade tapes to demarcate fire fighting zones.

4. No access signs for fire fighting zones.

The specifications of signal pennants, signs, armbands and barricade tapes used in fire fighting are prescribed in Appendix VI to this Decree.

Article 28.Fire fighting commanders

1. For the fire fighting police force, the fire fighting commander must be the one with the highest rank of the fire fighting police unit present at the place where a fire occurs.

2. If the fire fighting police force has not yet come to the place where a fire occurs while the fire is spreading from one establishment to another or from an establishment to a residential area or vice versa, the fire fighting commanders of the establishment and the residential area on fire shall coordinate with each other in commanding the fire fighting.

3. If a motor vehicle gets on fire in the area of an establishment, a village or a forest while the fire fighting police force has not yet arrived, the vehicle fire fighting commander shall coordinate with the person having the responsibility to command fire fighting in the establishment, village or forest in commanding the fire fighting.

4. When the person with the highest rank of the fire fighting police unit arrives at the place where a fire occurs, the fire fighting commander defined in Clause 2, Article 37 of the Law on Fire Prevention and Fighting shall join the fire fighting command and submit to the assignment by the fire fighting commander of the fire fighting police.

Article 29.Fire fighting commanding and directing tasks

1. Fire fighting commanding tasks:

a/ To mobilize forces, equipment, property, water sources and materials for fire fighting;

b/ To identify the fire fighting areas, work out and apply technical measures and tactics for fire fighting;

c/ To set requirements on assurance of traffic and order;

d/ To organize fire fighting logistics, fire fighting services and health care;

dd/ To organize communication to serve fire fighting;

e/ To organize political and psychological activities in fire fighting;

g/ To organize briefings on the fires;

h/ To propose other requirements for fire fighting.

2. The fire fighting-directing tasks include mobilizing forces, equipment, instruments, supplies, water sources and materials for fire fighting; ensuring conditions for fire fighting such as traffic, order, information and communication, fire fighting logistics, health care and political and psychological activities in fire fighting.

3. When the fire fighting police force has not arrived yet, heads of agencies or organizations and chairpersons of the People’s Committees of commune or higher level shall perform the tasks defined in Clauses 1 and 2 of this Article. When the fire fighting police force arrives, the commander of the fire fighting police unit shall perform the tasks defined in Clause 1 of this Article; heads of agencies or organizations, chairpersons of the People’s Committees of commune or higher level shall participate in commanding the fire fighting and perform the fire fighting-directing tasks defined in Clause 2 of this Article.

Article 30.Urgent circumstances where the competence to decide on demolition and dismantlement of houses, works and obstacles and the removal of property upon fire fighting can be exercised

Fire fighting commanders of the fire fighting police force may exercise the competence to demolish or dismantle houses, works and obstacles and remove property defined at Point d, Clause 1, Article 38 of the Law on Fire Prevention and Fighting in the following urgent circumstances:

1. People are being trapped in the fire or the fire is directly threatening the lives of many people.

2. The fire is likely to directly lead to an explosion or a hazard; adversely affect the environment or cause serious consequences in human lives and property, or causes bad political effects unless measures are taken to promptly stop it;

3. Houses, works and obstacles hinder the deployment of fire fighting while there are no other alternatives to achieve higher efficiency in fire fighting.

Article 31.Fire fighting at offices of diplomatic missions, consulates, representative offices of international organizations and residences of members of these agencies

1. The fire fighting force of Vietnam may enter the offices of the following agencies for fire fighting when so requested or consented by their heads or authorized persons:

a/ Offices of diplomatic missions;

b/ Offices of consulates of the countries that have concluded with Vietnam consular agreements which allows the fire fighting force of Vietnam to enter for fire fighting when so requested or consented by the heads or authorized persons of those agencies;

c/ Offices of representative missions of international organizations within the United Nations system;

d/ Offices of representative missions of inter-governmental international organizations outside the United Nations system, associations of international organizations, if the treaties signed between Vietnam and these organizations allow the fire fighting force of Vietnam to enter for fire fighting when so requested or consented by the heads or authorized persons of those agencies.

2. The fire fighting force of Vietnam may enter offices of consulates and representative missions of international organizations other than those defined in Clause 1 of this Article, for fire fighting without the request or consent of the heads or authorized persons of those agencies.

3. The fire fighting force of Vietnam may enter residences of the following persons for fire fighting when so requested or consented by those persons:

a/ Residences of diplomats and their family members who are not Vietnamese citizens; administrative or technical staffs and their family members who are neither Vietnamese citizens nor residents in Vietnam;

b/ Residences of consular staffs who are neither Vietnamese citizens nor residents in Vietnam, if the consular agreements between Vietnam and the countries that have appointed such consular staffs provide that the fire fighting force of Vietnam is allowed to enter for fire fighting when so requested or consented by those persons.

4. The fire fighting force of Vietnam may enter residences of members of consulates and representative missions of international organizations other than those defined in Clause 3 of this Article for fire fighting without the request or consent of those members.

5. The Ministry of Foreign Affairs shall notify the Ministry of Public Security of the subjects prescribed at Points b, c and d, Clause 1, and Point b, Clause 3, of this Article.

Chapter IV

ORGANIZATION OF FIRE PREVENTION AND FIGHTING FORCES

Article 32.Organization and management of civil guard forces and grassroots and specialized fire prevention and fighting forces

1. Chiefs of villages or street quarters (below referred to as villages) shall propose the establishment and directly maintain the operation of civil guard teams in villages. For large villages, the civil-guard teams may comprise various civil guard groups. Commune-level People’s Committee chairpersons shall decide on the establishment, issue operation regulations, allocate funds and equipment and ensure conditions to maintain the operation of, civil guard teams.

2. Heads of establishments shall establish or propose the establishment of their own fire prevention and fighting teams operating on a full-time or part-time basis. Heads of the establishments prescribed in Clause 3, Article 44 of the Law on Fire Prevention and Fighting shall establish or propose the establishment of specialized fire prevention and fighting teams operating on a full-time basis. Project owners of infrastructure facilities in industrial parks, export processing zones or hi-tech parks shall establish and directly maintain the operation of fire prevention and fighting teams operating on a full-time basis.

Heads of agencies or organizations directly managing the establishments shall decide on the establishment, issue operation regulations, allocate funds and equipment and ensure conditions for the maintenance of operation of the grassroots or specialized fire prevention and fighting teams.

3. Fire fighting police offices shall professionally direct and inspect the fire prevention and fighting operations of the civil guard forces, the grassroots and specialized fire prevention and fighting forces.

4. Organization and composition of civil guard teams, grassroots and specialized fire prevention and fighting teams:

a/ A civil guard team may have from 10 to 30 members, including the team leader and one to two deputies;

b/ A grassroots fire prevention and fighting team may have from 10 to 25 members, including the team leader and two to three deputies;

c/ The organization and composition of specialized fire prevention and fighting teams must comply with regulations of the Ministry of Public Security.

Article 33.Voluntary fire prevention and fighting

1. Individuals who volunteer to participate in fire prevention and fighting activities shall register with the commune-level People’s Committees of the localities where they reside or the agencies or organizations where they work. The commune-level People’s Committees, agencies and organizations shall accept and make their lists to be sent to the fire fighting police offices managing the areas.

Organizations that volunteer to participate in fire prevention and fighting activities shall register with the fire fighting police offices managing the areas.

2. When registering their voluntary participation in fire prevention and fighting activities, organizations and individuals shall perform their tasks and submit to the direction of the leaders or deputy leaders of civil guard teams, or grassroots  or specialized fire prevention and fighting teams or other competent persons as prescribed.

Article 34.Training in fire prevention and fighting for members of civil-guard teams, grassroots and specialized fire prevention and fighting teams

1. Members of civil guard teams and grassroots and specialized fire prevention and fighting teams shall be trained in the fire prevention and fighting contents below:

a/ Legal knowledge and fire prevention and fighting knowledge as suitable to each type of team.

b/ Methods of mobilization and building of mass movements for fire prevention and fighting.

c/ Fire prevention measures.

d/ Firefighting plan-making and drilling methods; fire fighting measures, tactics and techniques.

dd/ Fire prevention and fighting equipment-maintaining and using methods.

e/ Fire prevention and fighting safety-inspecting methods.

2. Heads of specialized fire prevention and fighting teams must possess an intermediate or higher degree in fire prevention and fighting and be trained in specialized knowledge relevant to their field of operation.

3.  The Ministry of Public Security shall guide in detail the programs, contents and length of time of fire prevention and fighting training; stipulate in detail the grant and forms of fire prevention and fighting training certificates, the organization of training according to set contents and programs for trainees defined in Clause 1 of this Article.

Article 35.Regimes and policies applicable to fire fighting participants and members of civil-guard teams, grassroots or specialized fire prevention and fighting teams

1. Persons dispatched or mobilized to directly participate in fire fighting and serve fire fighting under the mobilization orders of competent persons are entitled to the following regimes:

a/ A monetary allowance equal to 0.5 day of the basic salary, if the fire fighting lasts for less than 2 hours;

b/ A monetary allowance equal to 0.75 day of the basic salary, if the fire fighting lasts between 2 and under 4 hours;

c/ A monetary allowance equal to 1 day of the basic salary for every 4 hours of fire fighting, if the fire fighting lasts 4 hours or longer or for many days in a row. If they participate in fire fighting at night from 22:00 hrs to 06:00 hrs, the allowance levels will double those of the above amounts;

d/ If due to accidents they suffer injuries, they do not have to pay their medical examination and treatment costs; if they suffer working capacity decrease as concluded by a medical examination council, they are entitled to allowances depending on the extent of their working capacity decrease; if they die, they are entitled to survivor allowances and funeral costs. These benefits shall be paid by social insurance and health insurance organizations under regulations; if such persons have not yet joined social insurance and health insurance, these benefits shall be paid by the local budgets or their managing agencies or organizations;

dd/ Those who suffer injuries which fall in one of the cases prescribed in the Ordinance on Preferential Treatment of Persons with Meritorious Service to the Revolution shall be  considered  for enjoying policies applicable to war invalids or similar policies;

e/ Those who die in one of the cases prescribed in the Ordinance on Preferential Treatment of Persons with Meritorious Service to the Revolution shall be considered for recognition to be martyrs.

2. Based on the specific conditions of each locality, the chairpersons of provincial-level People’s Committees shall submit to the same-level People’s Councils for decision regular allowance levels for leaders and deputies of civil guard teams, which must not be lower than 25% of the basic salary.

3. Heads and deputy heads of part-time grassroots fire prevention and fighting teams, in addition to their wages and allowances (if any), are entitled to regular allowances paid by their managing agencies or organizations. Based on the practical conditions, the heads of such agencies or organizations decide on allowance levels for each title, which must not be lower than 0.3 of the basic salary.

4. Members of civil guard teams participating in fire prevention and fighting training are entitled to a daily allowance equal to 1.5 of the daily basic salary; members of the grassroots or specialized fire prevention and fighting teams participating in fire prevention and fighting training do not have to go to work but still receive their salaries and other allowances (if any) in addition to a daily allowance equal to 0.5 of their daily salary.

5. Those defined in Clause 4 of this Article, if meeting accidents and suffering health damage or loss of life while participating in fire prevention and fighting training, are entitled to social insurance benefits; if they have not yet participated in compulsory social insurance, these benefits shall be paid from local budgets or by their managing agencies or organizations.

6. The Ministry of Labor, War Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with the Ministry of Public Security, the Ministry of Finance and related agencies in, guiding in detail Points d, dd and e of Clause 1, and in Clauses 4 and 5, of this Article.

Article 36.Mobilization of civil guard forces and grassroots or specialized fire prevention and fighting forces to participate in fire prevention and fighting activities

1. The competence to mobilize civil guard forces and grassroots or specialized fire prevention and fighting forces to participate in fire prevention and fighting activities is prescribed as follows:

a/  Chairpersons of People’s Committees of all levels and heads of agencies and organizations are competent to mobilize civil guard teams and grassroots or specialized fire prevention and fighting teams under their management;

b/ Heads of local fire fighting police offices are competent to mobilize civil guard forces and grassroots and specialized fire prevention and fighting forces in localities under their management;

c/ The Director of the Fire Prevention and Fighting, Rescue and Salvage Police Department is competent to mobilize civil guard forces and grassroots and specialized fire prevention and fighting forces nationwide.

2. Upon receipt of decisions on mobilization for fire prevention and fighting activities, the persons competent to manage the civil guard forces or grassroots or specialized fire prevention and fighting forces shall abide by these decisions.

3. The Ministry of Public Security shall stipulate the forms, regime of management and use of decisions on mobilization of civil guard forces and grassroots and specialized fire prevention and fighting forces to participate in fire prevention and fighting activities, and mobilization procedures.

Article 37.Regimes and policies applicable to officers, non-commissioned officers and soldiers of the fire fighting police force

Officers, non-commissioned officers and soldiers of the fire fighting police force are, in addition to the regimes and policies prescribed for officers, non-commissioned officers and soldiers of the People’s Police, entitled to high food rations and allowances during training and fire fighting; and benefits for specially heavy, dangerous or hazardous jobs as prescribed by the State. Workers and employees of the fire fighting police force are entitled to the regimes and policies applicable to public security workers and employees.

Chapter V

FIRE PREVENTION AND FIGHTING EQUIPMENT

Article 38.Fire prevention and fighting equipment

1. Fire prevention and fighting equipment includes motor vehicles and vessels, equipment, machinery, tools, chemicals and supporting instruments exclusively used for fire prevention and fighting and human and property rescue, which are prescribed in Appendix V to this Decree(not translated).

2. Motor vehicles and vessels for fire fighting of the fire fighting police force include fire fighting trucks, vessels and aircraft.

3. Fire fighting trucks of the fire fighting police force include fire-extinguishing substance-spraying trucks, trucks carrying fire fighters and equipment, vehicles with water tanks, fire fighting platforms and other motor vehicles used for the purpose of fire fighting and serving fire fighting.

4. Locally made or imported fire prevention and fighting equipment must satisfy the following requirements:

a/ Ensuring the technical specifications designed for fire prevention and fighting;

b/ Conforming to Vietnamese standards and technical regulations or foreign or international standards permitted for application in Vietnam.

5. Locally made or imported brandnew fire prevention and fighting equipment shall be inspected in terms of quality, type and model under regulations of the Ministry of Public Security.

6. Locally assembled or converted fire prevention and fighting equipment require permission of a competent fire fighting police office and shall be inspected in terms of quality, type and model under regulations of the Ministry of Public Security.

Article 39.Furnishing of the fire fighting police force

The fire fighting police forces shall be furnished with fire prevention and fighting equipment and other equipment which are sufficient, good in quality, synchronous and modern to meet the fire prevention and fighting and human rescue requirements in all circumstances and in all fields as suitable to the state budget capability.

The Ministry of Public Security shall stipulate fire prevention and fighting equipment norms and criteria for the fire fighting police force.

Article 40.Management and use of fire prevention and fighting equipment

1. Fire prevention and fighting equipment shall be managed, maintained and repaired in accordance with regulations and be ready for fire fighting. Motor fire fighting vehicles and vessels shall also be used for the following purposes:

a/ Participation in the maintenance of political security;

b/ Participation in the maintenance of social order and safety;

c/ Rescue of victims; urgent handling of accidents;

d/ Combat against natural disasters and remedy of natural disaster consequences.

2. The Minister of Public Security or authorized persons, and provincial-level People’s Committee chairpersons are competent to mobilize within the scope of their management motor fire fighting vehicles and vessels for the purposes prescribed in Clause 1 of this Article.

3. The Director of the Fire Prevention and Fighting, Rescue and Salvage Police Department; directors of provincial-level Fire Fighting Police Departments, heads of fire prevention and fighting, rescue and salvage police divisions of provincial-level Public Security Departments are competent to mobilize within the scope of their respective management motor fire fighting vehicles and vessels for the purposes prescribed at Points b, c and d, Clause 1 of this Article.

4. Heads of agencies and organizations are competent to mobilize within the scope of their respective management motor fire fighting vehicles and vessels for the purposes prescribed at Points c and d, Clause 1 of this Article.

5. The Ministry of Public Security shall stipulate the regimes for management, preservation, maintenance and use of fire prevention and fighting equipment and guide ministries, sectors and localities in the implementation thereof.

Chapter VI

FIRE PREVENTION AND FIGHTING SERVICE BUSINESS

Article 41.Conditions on enterprises and establishments dealing in design consultancy, appraisal consultancy, supervision consultancy, inspection consultancy and technical survey consultancy related to fire prevention and fighting

1. Heads of enterprises or at-law representatives of establishments must possess diplomas, certificates of training in fire prevention and fighting knowledge.

2. Enterprises and establishments shall employ persons fully qualified for providing fire prevention and fighting services, specifically:

a/ At least one employee who possesses a certificate of practice of design consultancy, appraisal consultancy, supervision consultancy, inspection consultancy or technical survey consultancy related to fire prevention and fighting as prescribed at Points b and c, Clause 3, Article 47 of this Decree;

b/ At least one employee holding the position of chief fire prevention and fighting designer, appraiser, supervisor, inspector or technical surveyor as prescribed in Clause 4, Article 47 of this Decree.

3. Having operation locations; equipment and locations for the performance of fire prevention and fighting design consultancy, appraisal consultancy, supervision consultancy, inspection consultancy or technical surveyconsultancy.

Article 42.Conditions on enterprises and establishments dealing in consultancy on fire prevention and fighting technology transfer; fire prevention and fighting training and instruction

1. Heads of enterprises or at-law representatives of establishments must possess diplomas or certificates of training in fire prevention and fighting knowledge.

2. Having at least one employee with a university degree in fire prevention and fighting or university degree in a discipline relevant to the business line, who already attended a six-month or longer training course on fire prevention and fighting knowledge.

3. Having operation locations; equipment and locations for the performance of consultancy on technological transfer; equipment for training, and locations for organization of training in and instruction on fire prevention and fighting operations.

Article 43.Conditions on enterprises or establishments which construct and install fire prevention and fighting systems

1. Heads of enterprises or at-law representatives of establishments must possess diplomas or certificates of training in fire prevention and fighting knowledge.

2. Having at least one fire prevention and fighting system construction commander.

3. Having operation locations and physical foundations, equipment and machinery to ensure the construction and installation of fire prevention and fighting systems.

Article 44.Conditions on enterprises and establishments which manufacture and assemble fire prevention and fighting vehicles and equipment

1. Heads of enterprises or at-law representatives of establishments must possess diplomas or certificates of training in fire prevention and fighting knowledge.

2. Having at least one employee with a university degree in fire prevention and fighting or university degree in another discipline relevant to the business line, who attended a six-month or longer training course on fire prevention and fighting.

3. Having operation locations, workshops and equipment to ensure the manufacture and assembly of fire prevention and fighting equipment.

Article 45.Conditions on enterprises and establishments trading in fire prevention and fighting equipment and supplies

1. Heads of enterprises or at-law representatives of establishments must possess a diploma or certificate of training in fire prevention and fighting knowledge.

2. Having at least two employees who possess a certificate of training in fire prevention and fighting knowledge relevant to their business line.

3. Having operation locations and physical foundations and equipment to ensure the trading in fire prevention and fighting equipment and supplies.

Article 46.Conditions on individuals providing fire prevention and fighting services

Individuals may provide fire prevention and fighting services when they satisfy the following conditions:

1. Having diplomas or certificates of practice of fire prevention and fighting relevant to their business line.

2. Working for an enterprise or establishment commercially providing fire prevention and fighting services.

Article 47.Fire prevention and fighting diplomas and certificates and conditions on the titles of chief fire prevention and fighting designer, appraiser, inspector or technical surveyor

1. Fire prevention and fighting diplomas include:

a/ University diploma in fire prevention and fighting;

b/ College diploma in fire prevention and fighting;

c/ Intermediate diploma in fire prevention and fighting.

2. Fire prevention and fighting certificates include:

a/ Certificate of training in fire prevention and fighting knowledge;

b/ Certificate of practice of fire prevention and fighting design consultancy;

c/ Certificate of practice of fire prevention and fighting appraisal consultancy;

d/ Certificate of practice of fire prevention and fighting supervision consultancy;

dd/ Certificate of practice of fire prevention and fighting inspection consultancy and technical survey consultancy;

e/ Certificate of training for fire prevention and fighting chief commander.

3. Conditions on grant of fire prevention and fighting certificates:

a/ To be granted a certificate of training in fire prevention and fighting knowledge, individuals shall attend a six-month or longer training course on fire prevention and fighting knowledge;

b/ To be granted a certificate of practice of fire prevention and fighting design consultancy, appraisal consultancy, inspection consultancy, or technical survey consultancy, individuals must satisfy the following requirements:

- Possessing a university degree in fire prevention and fighting or in a discipline relevant to the field of consultancy and a certificate of training in fire prevention and fighting knowledge;

- Having at least five years’ experience in the field of fire prevention and fighting design consultancy or appraisal consultancy, inspection consultancy or technical survey consultancy and having participated in designing at least five works.

c/ To be granted a certificate of practice of fire prevention and fighting supervision consultancy, individuals must satisfy the following requirements:

- Possessing an intermediate or a higher degree in fire prevention and fighting or in a discipline relevant to the field of supervision consultancy and a certificate of training in fire prevention and fighting knowledge;

- Having at least three years’ experience in fire prevention and fighting system designing, construction and installation, and having attended a training course on construction supervision.

d/ To be granted a certificate of training for fire prevention and fighting system construction chief commanders, individuals must satisfy the following requirements:

- Possessing an intermediate or a higher degree in fire prevention and fighting or in a discipline relevant to their operation field and a certificate of training in fire prevention and fighting knowledge;

- Having at least five years’ experience in construction and installation of fire prevention and fighting systems.

4. Individuals holding the title of chief fire prevention and fighting designer, appraiser, inspector, supervisor or technical surveyor must satisfy the following conditions:

a/ Possessing a certificate of practice of fire prevention and fighting design consultancy or appraisal consultancy, inspection consultancy or supervision consultancy as prescribed at Point b, Clause 3 of this Article;

b/ Having conducted fire prevention and fighting design consultancy, appraisal consultancy, inspection consultancy, supervision consultancy or technical survey for at least 3 works.

Article 48.Dossiers and procedures for certification of eligibility for commercial provision of fire prevention and fighting services

1. A dossier of request for certification of eligibility for commercial provision of fire prevention and fighting services comprises:

a/ A written request for certification of eligibility for commercial provision of fire prevention and fighting services;

b/ A copy of the business registration certificate or operation registration certificate of the enterprise or establishment;

c/ List of employees possessing fire prevention and fighting certificates relevant to the enterprise’s or establishment’s fire prevention and fighting services, enclosed with copies of the certificates and recruitment decisions or labor contracts of these employees;

d/ Copies of diplomas of the employees;

dd/ Documents proving physical foundations and equipment to ensure business activities.

2. Within 7 working days after receiving a complete and valid dossier, the competent fire fighting police office shall complete the certification of eligibility for the enterprise or establishment. In case of ineligibility for certification, the fire fighting police office shall reply in writing clearly stating the reason.

3. Enterprises and establishments may commercially provide fire prevention and fighting services only after they are certified by fire fighting police offices to be eligible for doing so.

Article 49.Management, use, renewal and revocation of certificates of eligibility for commercial provision of fire prevention and fighting services

1. Heads of enterprises or at-law representatives of establishments which commercially provide fire prevention and fighting services shall manage the certificates of eligibility for commercial provision of fire prevention and fighting services. It is prohibited to modify, erase, trade in, lend or lease these certificates.

2. When enterprises or business establishments go bankrupt or stop commercially providing fire prevention and fighting services, their certificates of eligibility for commercial provision of fire prevention and fighting services will cease to be valid; in case of operation termination, within 5 days after the termination of their operations, they shall return the certificates of eligibility to the fire fighting police office which has granted them; in case of operation suspension, they shall send a written notice of the reason for and duration of operation suspension to the fire fighting police office which has granted the certificates.

3. In case their certificates of eligibility for commercial provision of fire prevention and fighting services are lost or damaged; the enterprises or establishments change their names, their heads or at-law representatives, or their fire prevention and fighting service provision locations or business lines, they shall send a written request to the fire fighting police office which has granted the certificates for re-grant or renewal.

4. A certificate of eligibility for commercial provision of fire prevention and fighting services shall be revoked in the following cases:

a/ The enterprise or business establishment goes bankrupt or stops commercially providing fire prevention and fighting services.

b/ It fails to meet the conditions for commercial provision of fire prevention and fighting services after it is granted the certificate under this Decree.

Article 50.Handling of enterprises or establishments currently providing fire prevention and fighting services and individuals who have been granted the certificates of practice of fire prevention and fighting before this Decree takes effect

1. Since the date this Decree takes effect, enterprises and establishments which are providing fire prevention and fighting services shall go to the fire fighting police offices for certification and grant of certificates of eligibility for commercial provision of fire prevention and fighting services.

2. After 36 months from the date this Decree takes effect, if enterprises or establishments fail to satisfy the conditions for commercial provision of fire prevention and fighting services under this Decree, they shall terminate their business in this field,

3. Individuals who possess fire prevention and fighting certificates not issued by the fire fighting police shall carry out procedures for change thereof under Clause 3, Article 47 of this Decree.

Chapter VII

INVESTMENT IN FIRE PREVENTION AND FIGHTING ACTIVITIES

Article 51.Use of financial sources for investment in fire prevention and fighting activities

1. Financial sources for investment in fire prevention and fighting activities shall be used for the following contents:

a/ Investment in the operation, physical foundations, vehicles and equipment for fire prevention and fighting of the fire fighting police force;

b/ Support for the operation of the civil guard and grassroots fire prevention and fighting forces;

c/ Support for public information work and building of mass movements for fire prevention and fighting;

d/ Support for commendation in fire prevention and fighting activities;

dd/ Support for other fire prevention and fighting activities.

2. Financial sources for investment in fire prevention and fighting activities shall be managed and used in accordance with the State Budget Law.

Article 52.Budget funds for fire prevention and fighting activities

1. Funds for fire prevention and fighting activities of the fire fighting police force, state agencies, non-business units, the armed forces and other state budget beneficiaries at the central and local levels shall be allocated from the state budget according to the current state budget decentralization.

Annually, the State shall ensure and allocate a separate budget for activities of the fire fighting police force; the Ministry of Public Security shall work out plans for the use of this budget for  fire prevention and fighting activities and assign it to the Fire Prevention and Fighting, Rescue and Salvage Police Department for implementation; People’s Committees at all levels shall estimate national defense and security budgets to ensure local fire prevention and fighting activities.

2. Agencies and organizations not benefiting from the state budget, households, individuals and foreign organizations based in the Vietnamese territory shall themselves ensure funds for fire prevention and fighting activities under regulations.

3. State budget funds for the operation of the fire fighting police force shall be used for the following contents:

a/ Regular operations of the fire fighting police force;

b/ Equipment, renewal and modernization of fire prevention and fighting equipment and physical and technical foundations and scientific and technological research related to fire prevention and fighting under regulations.

4. Funds for fire prevention and fighting activities in the national defense and security budgets of People’s Committees of different levels shall be used for the following contents:

a/ Regular activities of the civil guard force; regular allowances for heads and deputy heads of civil guard teams;

b/ Procurement of protective equipment and fire prevention and fighting equipment for the civil guard force.

Article 53.Encouragement of investment in fire prevention and fighting activities

1. The State shall encourage and create conditions for domestic agencies, organizations and individuals, overseas Vietnamese and foreign organizations and individuals and international organizations to invest in, and provide financial assistance for, the following activities:

a/ Fire prevention and fighting activities;

b/ Procurement of fire prevention and fighting equipment;

c/ Training in fire prevention and fighting knowledge;

d/ Application of scientific and technological achievements to fire prevention and fighting activities.

2. The State shall encourage the research and domestic production and assembly, and export of fire prevention and fighting equipment.

3. Agencies, organizations and individuals manufacturing and assembling fire prevention and fighting equipment at home, exporting and importing fire prevention and fighting equipment are entitled to preferential tax policies under regulations of the State.

Chapter VIII

RESPONSIBILITIES OF MINISTRIES, MINISTERIAL-LEVEL AGENCIES, GOVERNMENT-ATTACHED AGENCIES AND PEOPLE’S COMMITTEES OF ALL LEVELS IN FIRE PREVENTION AND FIGHTING ACTIVITIES

Article 54.Responsibilities of ministries, ministerial-level agencies and government-attached agencies

Ministries, ministerial-level agencies and government-attached agencies shall, within the ambit of their respective tasks and powers, coordinate with the Ministry of Public Security in organizing fire prevention and fighting activities and have  the following specific tasks:

1. To promulgate legal documents and regulations on fire prevention and fighting within the scope of their respective management and competence.

2. To coordinate with the Ministry of Public Security in organizing the implementation of laws and regulations on fire prevention and fighting.

3. To organize the dissemination of and education about law and knowledge on  fire prevention and fighting; to direct the building and maintenance of mass movements for fire prevention and fighting.

4. To direct the allocation of funds for fire prevention and fighting activities and procurement of fire prevention and fighting equipment.

5. To direct the organization of fire fighting and remedy of fire consequences.

6. To arrange forces for the performance of fire prevention and fighting tasks; to make statistics and reports on fire prevention and fighting to the Government and the Ministry of Public Security.

Article 55.Responsibilities of the Ministry of Public Security

The Ministry of Public Security shall perform the unified state management of fire prevention and fighting nationwide and perform the following tasks:

1. To propose, and organize the implementation of, fire prevention and fighting strategies, master plans and plans nationwide.

2. To propose the promulgation of, or to promulgate, legal documents on fire prevention and fighting; to guide and organize the implementation, and inspect the observance of regulations on fire prevention and fighting.

3. To guide and direct the dissemination of and education about law and knowledge on fire prevention and fighting, and the building of mass movements for fire prevention and fighting.

4. To conduct fire prevention and fighting examinations and inspections; to settle complaints and denunciations related to fire prevention and fighting within the scope of its competence.

5. To conduct fire prevention and fighting appraisals and pre-acceptance tests of projects, construction works, motor vehicles and vessels with special requirements on fire prevention and fighting safety; to inspect, survey and certify the conformity of, fire prevention and fighting equipment and fire-resistant materials.

6. To investigate and handle fires and handle violations of regulations on fire prevention and fighting.

7. To guide and direct the organization of fire fighting readiness, the making and drilling of fire fighting plans; to perform  rescue and salvage tasks.

8. To formulate, and organize the implementation of, investment projects on procurement of fire prevention and fighting equipment for the fire fighting police force; to promulgate, and organize the implementation of, regulations on procurement and use of fire prevention and fighting equipment.

9. To build the fire fighting police force, to organize the training of fire prevention and fighting officers.

10.  To organize the research into, dissemination and application of, scientific and technological advances in the field of fire prevention and fighting.

11. To organize the information system to serve the management, command and administration of fire prevention and fighting activities.

12. To inspect fire and explosion insurance activities in association with fire prevention and fighting activities.

13. To report to the Government on accession to international organizations, conclusion of, or accession to treaties on fire prevention and fighting activities; to carry out international activities related to fire prevention and fighting according to its competence.

Article 56.Responsibilities of People’s Committees of all levels

1. People’s Committees of provincial and district levels shall, within the scope of their respective tasks and powers, perform the function of state management of fire prevention and fighting in their localities and have the following specific tasks:

a/ To promulgate regulations on fire prevention and fighting in their localities;

b/ To direct, inspect and organize the implementation of laws and regulations on fire prevention and fighting in localities; to administratively handle violations of regulations on fire prevention and fighting according to their competence;

c/ To guide and direct the dissemination of and education about law and knowledge on fire prevention and fighting to people, to build mass movements for fire prevention and fighting;

d/ To allocate budget funds for fire prevention and fighting activities and procurement of fire prevention and fighting equipment;

dd/ To plan locations, to propose land allocation and construction of barracks for the fire fighting police force;

e/ To direct the making and drilling of fire fighting plans which require the mobilization and participation of various forces and equipment;

g/ To direct the organization of fire fighting and remedy of fire consequences;

h/ To make statistics and reports on fire prevention and fighting to the superior People’s Committees, the Government and the Ministry of Public Security.

2. Commune-level People’s Committees shall, within the ambit of their tasks and powers, perform the state management of fire prevention and fighting in localities and have the following specific tasks:

a/ To direct, inspect and organize the implementation of laws and regulations on fire prevention and fighting in localities; to ensure conditions on fire prevention and fighting safety for residential areas; to administratively handle violations of regulations on fire prevention and fighting according to their competence;

b/ To organize the dissemination of and education about law and knowledge on fire prevention and fighting; to build mass movements for fire prevention and fighting;

c/ To organize the management of civil guard teams in villages;

d/ To allocate funds for fire prevention and fighting activities; to equip civil guard teams with fire prevention and fighting equipment according to regulations;

dd/ To ensure conditions for fire alarming, roads and water sources for fire fighting;

e/ To direct the making and drilling of fire fighting plans;

g/ To organize fire fighting and remedy of fire consequences;

h/ To make statistics and reports on fire prevention and fighting to district-level People’s Committees.

Chapter IX

IMPLEMENTATION PROVISIONS

Article 57.Effect

This Decree takes effect on September 15, 2014, and replaces Decree No. 35/2003/ND-CP of April 4, 2003, detailing a number of articles of the Law on Fire Prevention and Fighting, and Article 1 of Decree No. 46/2012/ND-CP of May 22, 2012, amending and supplementing a number of articles of Decree No. 35/2013/ND-CP of April 4, 2003.

Article 58.Implementation guidance

1. The Ministers of Public Security; Finance; Construction; Labor, War Invalids and Social Affairs; and Education and Training shall, within the ambit of their respective functions and tasks, guide the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees and related organizations and individuals shall implement this Decree.

On behalf of the Government
Prime Minister
NGUYEN TAN DUNG

Appendix I

LIST OF ESTABLISHMENTS SUBJECT TO FIRE PREVENTION AND FIGHTING MANAGEMENT

(Promulgated together with the Government’s Decree No. 79/2014/ND-CP of July 31, 2014)

1. Academies, universities, colleges, intermediate schools, vocational training schools, general education schools and educational centers; crèches and kindergartens.

2. Hospitals, convalescence homes, health centers and other medical examination and treatment establishments.

3. Conference centers, theaters, cultural houses, cinemas, circuses, gymnasiums, stadiums, dance halls, entertainment and recreation service establishments and other public facilities.

4. Archives, museums, libraries, historical relics, other cultural works, exhibition and trade fair centers.

5. Permanent and semi-permanent marketplaces, trade centers, department stores, general stores.

6. Radio and television stations; post and telecommunications facilities.

7. Command, regulation, administration and control centers in all fields.

8. Airports, seaports; inland ports for import and export of flammable commodities and supplies; passenger wharves; passenger car terminals, car parks; garages; railway passenger stations, railway cargo stations of grade IV or higher grades.

9. Condominiums, multi-purpose buildings, hotels, guest houses and motels.

10.  State administrative agency offices, working offices and research institutions.

11.  Coal pits, flammable minerals pits, underground traffic works; works in caves or tunnels where flammable and explosives are produced, preserved and used.

12. Nuclear facilities; radiation facilities; explosive plants; establishments exploiting, processing, producing, transporting, dealing in, using or preserving petroleum, petroleum products and gas; industrial establishments producing or processing other commodities with  fire and explosion danger of A, B, C, D and E classes.

13. Weapon, explosive or supporting instrument warehouses, petroleum and petroleum product depots, gas warehouses, explosive export and import ports; petroleum and petroleum product export and import ports; gas export and import ports.

14. Gasoline stations with one or more fuel dispenser; gas shops with a total stored gas volume of 70 kg or more.

15. Power plants and transformer stations.

16. Ship yards; aircraft repair and maintenance hangars.

17. Warehouses of flammable goods and supplies or non-flammable goods or supplies which are kept in flammable packages; flammable goods and supplies storing yards.

Appendix II

LIST OF FIRE- AND EXPLOSION-PRONE ESTABLISHMENTS

(Promulgated together with the Government’s Decree No.79/2014/ND-CP of July 31, 2014)

1. Academies, universities, colleges, intermediate schools, vocational-training schools, general education schools, and educational centers with a total classroom space of 5,000 m³or more each; crèches and kindergartens of 100 children or more each.

2. Provincial, ministerial or sectorial hospitals; convalescence homes and other medical examination and treatment establishments of 21 patient beds or more.

3. Conference centers, theaters, cultural houses, cinemas and circuses with 300 seats or more each; gymnasiums with a designed capacity of 200 seats or more each; stadiums of a capacity of 5,000 seats or more each; dance halls and entertainment and recreation service facilities with a total space of 1,500 m³or more each; other public facilities with a total space of 1,000 m³or more each.

4. Museums, libraries, exhibition centers, archives of district or higher levels; historical relics, cultural works, trade fair centers of provincial or higher levels or under the direct management of ministries, ministerial-level agencies or government-attached agencies.

5. Permanent or semi-permanent marketplaces under the direct management of People’s Committees of district or higher levels; other permanent or semi-permanent marketplaces, trade centers, department stores or general stores of a total land area of 300 m²or more or a total space of 1,000 m³or more for stalls.

6. Radio and television stations, post and telecommunications establishments of district or higher level.

7. Command, regulation, administration and control centers of provincial or higher levels in all fields.

8. Airports, seaports, inland waterway ports, car terminals of provincial or higher levels; car parks of 200 cars or more; garages capable of accommodating five cars or more; railways passenger stations of grades I, II and III, railways cargo stations of grades I and II.

9. Condominiums, multi-purpose buildings, hotels, guest houses and motels of 5 or more stories or a total space of 5,000 m³or more.

10. Offices of state administrative agencies; research institutes or centers, working offices of professional agencies or enterprises, socio-political organizations and other organizations of 5 or more stories or a total space of 5,000 m³or more.

11. Coal pits, flammable minerals pits, underground traffic works of 100 m or more in length; works in tunnels where flammable substances and explosives are produced, preserved and used and with a space of 1,000 m³or more.

12. Nuclear facilities, explosive plants; establishments exploiting, processing, producing, transporting, trading, using or preserving petroleum,  petroleum products and gas; establishments producing or processing other flammable goods, with a total space of 5,000 m³or more.

13. Weapon, explosive and supporting instrument warehouses; petroleum product and gas warehouses, ports for import and export of explosives, petroleum, petroleum products and gas.

14. Gasoline stations with one or more fuel dispenser, gas shops of a total stored gas volume of 70 kg or more;

15. Power plants; transformer stations of a voltage of 110 kV or higher.

16. Shipyards; aircraft repair and maintenance hangars.

17. Warehouses of flammable goods and supplies or non-inflammable goods and supplies which are kept in flammable packages of a total space of 1,000 m³or more; flammable goods and supplies storing yards of 500 m²or more.

18. Industrial works with fire and explosion danger of A, B, C, D and E classes in the main technological lines with a total space of 1,000 m³or more.

19. Establishments or works of which the main items or sections will seriously affect the entire establishments or works if a fire or an explosion occurs there, or of which the items or sections that occupy a total land area representing 25% or more of their total land area or the space of the entire establishments or works see regular operations involving a volume of fire- or explosion-prone substances in one of the following cases:

a/ Flammable gas with a volume which can form an explosive mixture representing 5% or more of the total air volume in the room or with a volume of 70 kg or more;

b/ Liquids with a flash point of up to 61^oC with a volume which can form an explosive mixture representing 5% or more of the total air volume in the room or other flammable liquids with a flash point over 61^oC and a volume of 1,000 liters or more;

c/ Flammable dusts or fiber with a lower explosion limit equal or smaller than 65 g/m³with a volume which can form an explosive mixture representing 5% or more of the total air volume in the room; flammable solid substances, commodities and supplies, with an average amount of 100 kg or more per square meter of floor;

d/ Substances which are prone to fire or explosion or generate flammable or explosive substances upon their interaction, with a total amount of 1,000 kg or more;

dd/ Substances which are prone to fire or explosion or generate flammable or explosive substances upon interaction with water or oxygen in the air, with an amount of 500 kg or more.

Appendix III

LIST OF ESTABLISHMENTS REQUIRED TO MAKE NOTIFICATION OF SATISFACTION OF FIRE PREVENTION AND FIGHTING CONDITIONS TO FIRE PREVENTION AND FIGHTINIG POLICE AGENCIES BEFORE BEING PUT INTO OPERATION

(Promulgated together with the Government’s Decree No. 79/2014/ND-CP of July 31, 2014)

1. Head offices of state administrative agencies or condominiums of 9 stories or more; multi-purpose houses, hotels, guest-houses, rest-houses, working offices of professional agencies, enterprises, socio-political organizations and other organizations, institutions, and research centers of 7 stories or more.

2. Airports; aircraft repair and maintenance hangars.

3. Establishments exploiting, processing or manufacturing petrol and oil, gas and fire- and explosion-prone substances at all scales.

4. Weapon, explosive and supporting tool depots; establishments producing, trading, supplying, preserving and using industrial explosives.

5. Petrol and oil depots with a total volume of 500 m³or more; gas depots of a total weight of 600 kg or more.

6. Filling stations with 1 fuel dispenser or more; gas stores with a total stored gas of 70 kg or more.

7. Permanent or semi-permanent marketplaces with a total business space of 1,200 m²or more or with 300 business households or more; trade centers, supermarkets and department stores with a total area of pavilions of 300 m²or more or with a total volume of 1,000 m³or more.

8. Nuclear power plants; thermoelectric power plants of a capacity of 100 MW or higher; hydroelectric power plants of a capacity of 20 MW or higher; or transformer stations of a voltage of 220 KV or higher.

Appendix IV

LIST OF PROJECTS AND WORKS SUBJECT TO APPRAISAL AND APPROVAL OF FIRE PREVENTION AND FIGHTING DESIGNS BY FIRE PREVENTION AND FIGHTING POLICE AGENCIES

(Promulgated together with the Government’s Decree No. 79/2014/ND-CP of July, 2014)

1. Projects to build or renovate urban centers, residential areas, industrial parks, processing zones or hi-tech parks; projects to build and renovate technical infrastructure works related to fire prevention and fighting in urban centers, residential areas, industrial parks, processing zones or hi-tech parks, which are to be approved by authorities of district or higher levels.

2. Academies, universities, colleges, vocational training schools, secondary schools and other schools of a total volume of 5,000 m³or more; crèches and kindergartens with 100 pupils or more.

3. Hospitals of district or higher levels; convalescence homes and other medical examination and treatment establishments with 25 patient beds or more.

4. Conference centers, theaters, cultural houses, cinemas and circuses with a designed capacity of 300 seats or more; gymnasiums with a capacity of 200 seats or more; stadiums of a capacity of 5,000 seats or more; dance halls and entertainment and recreation service establishments with a total volume of 1,500 m³or more; and other public works of a total volume of 1,000 m³or more.

5. Museums, libraries, exhibition centers and archive stores of provincial or higher levels; trade fair centers, historical relics and other cultural facilities of provincial level or directly managed by ministries, ministerial-level agencies and government-attached agencies.

6. Permanent marketplaces of district or higher levels; other marketplaces, trade centers and supermarkets of a total area of pavilions of 300 m²or more or of a volume of 1,000 m³or more.

7. Radio and television stations, post and telecommunications works of district or higher levels.

8. Command, regulation, administration and control centers in all domains of regional, provincial or higher levels.

9. Airports; seaports and inland waterway ports of grade IV or higher; car terminals of district or higher levels; railway stations of a total floor area of 500 m²or more.

10. Condominiums of 5 stories or more; multifunctional houses, hotels, guest-houses or rest-houses of 5 stories or more or of a volume of 5,000 m³or more.

11. Head offices of state administrative agencies of communal or higher levels; working offices of professional agencies, enterprises, socio-political organizations and other organizations of 5 storeys or more or of a volume of 5,000 m³or more.

12. Works of scientific and hi-tech research institutions of 5 stories or more or of a volume of 5,000 m³or more.

13. Underground railway facilities; railway tunnels of a length of 2,000 m or more; road tunnels of a length of 100 m or more; garages capable of accommodating 5 vehicles or more; works in caves or tunnels where flammables or explosives are produced, preserved or used, of a volume of 1,000 m³or more.

14. Weapon, explosive or supporting tool depots; works used for import, export, processing, preservation and transportation of petroleum and petroleum products, gas and industrial explosives.

15. Industrial production works with fire and explosion danger of A, B, C, D or E class, which are included in main production lines and have a volume of 1,000 m³or more.

16. Filling stations with 1 fuel dispenser or more; gas stores with the total stored gas of 70 kg or more.

17. Power plants (nuclear, thermoelectric, hydroelectricity and wind power, etc.)  and transformer stations of the voltage of 100 KV or higher.

18. Ship building or repair plants; aircraft repair or maintenance hangars.

19. Warehouses of flammable goods and supplies or goods and supplies with flammable packages, of a volume of 1,000 m³or more.

20. Security or defense works with fire or explosion risks or with special protection requirements.-