Chương VI Nghị định 136/2020/NĐ-CP: Kinh doanh dịch vụ phòng cháy và chữa cháy

Chapter VI

FIRE PREVENTION AND FIGHTING SERVICE BUSINESS

Article 41. Conditions for fire prevention and fighting service business

1. Fire prevention and fighting service businesses (hereinafter referred to as “service businesses”) include enterprises; cooperatives; cooperative unions; branches and facilities affiliated to enterprises, cooperatives and cooperative unions; service providers of regulatory bodies and organizations; and household businesses.

2. Heads and legal representatives of the service businesses mentioned in Clause 1 herein must have a degree or certificate concerning completion of a refresher course on fire prevention and fighting operations and undersign any of the following documents: enterprise registration certificate; investment registration certificate; branch/affiliate operation registration certificate; cooperative/cooperative union registration certificate; certificate of registration of branch/business location of cooperative/cooperative union; operation license issued by the competent authority; household business registration certificate; or establishment document or operation license and tax identification number notification (for service providers).

In case the head or legal representative of a service business is a foreigner who has a degree or certificate concerning completion of a refresher course on fire prevention and fighting operations or practitioner certificate in fire prevention and fighting issued by a foreign authority or organization, the degree or certificate must undergo consular legalization.

3. Requirements for facilities and equipment of fire prevention and fighting service business:

a) For service businesses providing fire safety design consultancy, appraisal consultancy or supervision consultancy, they shall have business premises; and equipment enabling fire safety design consultancy, appraisal consultancy or supervision consultancy;

b) For service businesses providing technical fire prevention and fighting inspection consultancy, they shall have laboratories and inspection equipment whose quality is certified by competent authorities;

c) For service businesses providing consultancy concerning transfer of fire prevention and fighting technology; or training in fire prevention and fighting operations, they shall have equipment enabling technology transfer consultancy; or equipment and location for training in fire prevention and fighting operations;

d) For service businesses engaging in fire prevention and fighting system construction, they shall have equipment enabling fire prevention and fighting system construction;

dd) For service businesses engaging in production and assembling of fire prevention and fighting equipment, they shall have business premises; and factories and equipment for production, assembling and testing of fire prevention and fighting equipment.

4. For service businesses providing fire safety design consultancy, appraisal consultancy and supervision consultancy, besides the conditions in Clauses 2 and 3 herein, each of these businesses must have at least 02 individuals who hold a practitioner certificate in fire prevention and fighting consultancy suitable for the consultancy area in compliance with regulations in Points and d Clause 3 Article 43 herein; in which, at least 01 individual takes charge of fire safety design, appraisal and supervision.

5. For service businesses providing technical fire prevention and fighting inspection consultancy, besides the conditions in Clauses 2 and 3 herein, each of these businesses must have at least 02 individuals who hold a practitioner certificate in compliance with regulations in Point c Clause 3 Article 43 herein.

6. For service businesses providing consultancy concerning transfer of fire prevention and fighting technology; or training in fire prevention and fighting operations, besides the conditions in Clauses 2 and 3 herein, each of these businesses shall have at least 01 person holding a bachelor’s degree or higher in fire prevention and fighting or another major suitable for the business’s scope of service and a certificate of completion of refresher course on fire prevention and fighting operations.

7. For service businesses engaging in fire prevention and fighting system construction, besides the conditions in Clauses 2 and 3 herein, each of these businesses must have at least 01 construction manager who has a practitioner certificate in managing fire prevention and fighting construction in compliance with regulations in Point dd Clause 3 Article 43 herein.

8. For service businesses engaging in production and assembling of fire prevention and fighting equipment, besides the conditions in Clauses 2 and 3 herein, each of these businesses shall have at least 01 person holding a bachelor’s degree or higher in fire prevention and fighting or another major suitable for the business’s scope of service and a certificate of completion of refresher course on fire prevention and fighting operations.

9. Service businesses engaging in trade of fire prevention and fighting equipment shall adhere to regulations in Clauses 2 and 3 herein.

10. The persons mentioned in Clauses 4, 5, 6, 7 and 8 herein must directly participate in service business operations of their businesses.

A person who has used a degree or certificate to enable operation of a service business may not use this degree or certificate to enable operation of another service business.

Article 42. Conditions for individual providers of fire prevention and fighting services

An individual may provide fire prevention and fighting services under the following conditions:

1. The individual has a practitioner certificate in fire prevention and fighting suitable for their business operations.

2. The individual works for a service business.

Article 43. Degrees and certificates concerning fire prevention and fighting and conditions for issuance of certificates concerning fire prevention and fighting

1. Degrees concerning fire prevention and fighting:

a) Doctor’s degree in fire prevention and fighting;

b) Master’s degree and equivalent degrees in fire prevention and fighting;

c) Bachelor’s degree and equivalent degrees in fire prevention and fighting;

d) College’s degree in fire prevention and fighting;

dd) Intermediate professional education diploma in fire prevention and fighting.

2. Certificates concerning fire prevention and fighting:

a) Certificate of completion of refresher course on fire prevention and fighting;

b) Practitioner certificates in fire prevention and fighting consultancy: practitioner certificate in fire safety consultancy; practitioner certificate in fire safety appraisal consultancy; practitioner certificate in fire safety supervision consultancy; practitioner certificate in technical fire prevention and fighting inspection consultancy; and practitioner certificate in managing fire prevention and fighting construction.

3. Conditions for granting of certificates concerning fire prevention and fighting:

a) Those who have completed a refresher course on fire prevention and fighting will be granted a certificate of completion of refresher course on fire prevention and fighting.

The certificate of completion of refresher course on fire prevention and fighting shall be granted by educational institutions providing training in fire prevention and fighting operations and is valid throughout the country;

b) Conditions for granting of practitioner certificates in fire safety design consultancy and fire safety appraisal consultancy:

The applicant holds a college's degree or higher in fire prevention and fighting or bachelor’s degree or higher in a major suitable for their scope of consultancy and a certificate of completion of refresher course in fire prevention and fighting operations;

The applicant has provided fire safety design or appraisal consultancy for at least 03 projects and/or works issued with the certificate of fire safety design appraisal by firefighting authorities.

c) Conditions for granting of practitioner certificate in technical fire prevention and fighting inspection:

The applicant holds a college's degree or higher in fire prevention and fighting or bachelor’s degree or higher in a major suitable for their scope of consultancy and a certificate of completion of refresher course in fire prevention and fighting operations;

d) Conditions for granting of practitioner certificate in fire safety supervision consultancy:

The applicant holds a intermediate professional education diploma or higher in fire prevention and fighting or intermediate professional education diploma or higher in a major suitable for their scope of consultancy and a certificate of completion of refresher course in fire prevention and fighting operations;

The applicant has supervised the construction of at least 03 projects and/or works issued with the written approval of fire safety commissioning results by firefighting authorities;

The applicant has a certificate of completion of refresher course in construction supervision operations.

dd) Conditions for granting of practitioner certificate in managing fire prevention and fighting construction:

The applicant holds a intermediate professional education diploma or higher in fire prevention and fighting or intermediate professional education diploma or higher in a major suitable for their work and a certificate of completion of refresher course in fire prevention and fighting operations;

The applicant has supervised the construction of the fire prevention and fighting system of at least 03 projects and/or works issued with the written approval of fire safety commissioning results by firefighting authorities.

4. Conditions for persons in charge of fire safety design, appraisal and supervision:

a) They have a practitioner certificate in fire prevention and fighting consultancy mentioned in Point b Clause 2 herein appropriate to their titles;

b) They have at least 03 years of experience relevant to their work and have provided fire safety design, appraisal or supervision consultancy for at least 03 projects and/or works issued with the certificate of fire safety design appraisal and written approval of fire safety commissioning results by firefighting authorities.

5. The suitable majors mentioned in Article 41 and this Article include the following academic disciplines: architecture and planning; construction; construction management (excluding construction economics); construction and architectural engineering technology; mechanical engineering technology; electrical, electronic and telecommunications engineering technology; oil and gas technology and extraction; mechanical engineering and engineering mechanics (excluding printing engineering); and electrical, electronic and telecommunications engineering (excluding biomedical engineering) according to regulations of the Ministry of Education and Training.

Article 44. Practitioner certificates in fire prevention and fighting consultancy

1. Application for issuance of a practitioner certificate in fire prevention and fighting consultancy includes:

a) An application for issuance of practitioner certificate in fire prevention and fighting consultancy (made using Form No. PC30);

b) Declaration of professional experience in fire prevention and fighting operations (made using Form No. PC31);

c) Degrees and certificates related to application for issuance of the certificate;

d) 02 3x4 cm color photos of the applicant.

2. Application for reissuance of a practitioner certificate in fire prevention and fighting consultancy upon addition to the applicant’s scope of consultancy includes the documents mentioned in Clause 1 herein and the issued practitioner certificate in fire prevention and fighting consultancy.

3. Application for reissuance of an expired or damaged practitioner certificate in fire prevention and fighting consultancy includes the documents mentioned in Points a and d Clause 1 herein and the issued practitioner certificate in fire prevention and fighting consultancy.

4. Application for reissuance of a lost practitioner certificate in fire prevention and fighting consultancy includes the documents mentioned in Points a and d Clause 1 herein and a declaration of loss of the certificate with confirmation of the police authority of the locality where the certificate is lost.

5. Documents included in applications for issuance or reissuance of practitioner certificates in fire prevention and fighting consultancy submitted to police authorities shall be the authentic copy or notarized or certified true copy or copy/photocopy submitted together with its authentic copy for comparison.

6. The applicant shall submit 01 application to the competent authority specified in Clause 11 in any of the following ways:

a) Directly at the single-window unit of the competent authority;

b) Online via the public service portal of the competent authority (documents included in state secret lists shall be submitted in compliance with regulations of laws on state secret protection);

c) By public postal service, service provided by an enterprise or individual or authorization as prescribed by law.

7. The official receiving the application shall check its components and validity and perform the following tasks:

a) If the application is adequate and valid according to regulations, receive it and fill out 02 copies of the acknowledgement of application receipt (using Form No. PC03);

b) If the application is inadequate or invalid according to regulations, instruct the applicant on how to complete the application and fill out the application revision instruction (using Form No. PC04).

8. Announcement of application processing results:

a) If the application is submitted directly at the single-window unit of the competent authority, the official receiving it shall give 01 copy of the acknowledgement of application receipt or application revision instruction to the applicant and retain 01 copy;

b) If the application is submitted via the public service portal of the competent authority, the official receiving the application shall send a notification of application receipt or instruction on application revision to the applicant via email or text message;

c) If the application is submitted by public postal service, the service of an enterprise and individual or authorization as per the law, the official receiving it shall send 01 copy of the acknowledgement of application receipt or application revision instruction to the applicant and retain 01 copy.

9. The person sent to submit the application by the applicant must have a letter of introduction or letter of authorization and present their unexpired identity card or passport.

10. Within 07 working days from the date of receipt of a valid application, the competent authority shall consider and issue or reissue the practitioner certificate in fire prevention and fighting consultancy (using Form No. PC32). If the application is rejected, the competent authority must send a written explanation to the applicant.

11. Competence in issuance and reissuance of practitioner certificates in fire prevention and fighting consultancy:

Police Department of Fire Prevention and Fighting and Rescue has the power to issue and reissue practitioner certificates in fire prevention and fighting consultancy nationwide.

12. Practitioner certificates in fire prevention and fighting consultancy are valid nationwide.

Article 45. Certificates of eligibility for fire prevention and fighting service business

1. Application for issuance of a certificate of eligibility for fire prevention and fighting service business includes:

a) An application for issuance of certificate of eligibility for fire prevention and fighting service business (made using Form No. PC33);

b) Degree or certificate concerning completion of a refresher course in fire prevention and fighting of the head or legal representative of the service business;

c) List of holders of a practitioner certificate in fire prevention and fighting consultancy suitable for the service business’s scope of service; and practitioner certificate in fire prevention and fighting consultancy and decision on employment or labor contract of each holder;

d) Written proof of availability of facilities and equipment necessary for business operations: certificate of ownership or agreement on lease of business location; list of equipment for business operations; certificate of laboratory quality and assessment of calibration of inspection equipment by the competent authority (for application for issuance of certificate of eligibility for technical fire prevention and fighting inspection consultancy).

2. Application for reissuance of a certificate of eligibility for fire prevention and fighting service business upon change of head or legal representative includes the documents mentioned in Points a and b Clause 1 herein and the issued certificate of eligibility of fire prevention and fighting service business.

3. Application for reissuance of a certificate of eligibility for fire prevention and fighting service business upon change of business location or change or addition to fire prevention and fighting service business lines includes the documents mentioned in Points a, c and d Clause 1 herein and the issued certificate of eligibility of fire prevention and fighting service business.

4. Application for reissuance of a certificate of eligibility for fire prevention and fighting service business upon damage to the certificate or change to the service business’s name includes the documents mentioned in Point a Clause 1 herein and the issued certificate of eligibility of fire prevention and fighting service business.

5. Application for reissuance of a lost certificate of eligibility for fire prevention and fighting service business includes the documents mentioned in Point a Clause 1 herein and a declaration of loss of the certificate with confirmation of the police authority of the locality where the certificate is lost.

6. Documents included in applications for issuance or reissuance of certificates of eligibility for fire prevention and fighting service business submitted to police authorities shall be the authentic copy or notarized or certified true copy or copy/photocopy submitted together with its authentic copy for comparison.

7. The applicant shall submit 01 application prepared according to Clause 12 herein to the competent authority in one of the following ways:

a) Directly at the single-window unit of the competent authority;

b) Online via the public service portal of the competent authority (documents included in state secret lists shall be submitted in compliance with regulations of laws on state secret protection);

c) By public postal service, service provided by an enterprise or individual or authorization as prescribed by law.

8. The official receiving the application shall check its components and validity and perform the following tasks:

a) If the application is adequate and valid according to regulations, receive it and fill out 02 copies of the acknowledgement of application receipt (using Form No. PC03);

b) If the application is inadequate or invalid according to regulations in Clause 4 herein, instruct the applicant on how to complete the application as per regulations and fill out the application revision instruction (using Form No. PC04).

9. Announcement of application processing results:

a) If the application is submitted directly at the single-window unit of the competent authority, the official receiving it shall give 01 copy of the acknowledgement of application receipt or application revision instruction to the applicant and retain 01 copy;

b) If the application is submitted via the public service portal of the competent authority, the official receiving the application shall send a notification of application receipt or instruction on application revision to the applicant via email or text message;

c) If the application is submitted by public postal service, the service of an enterprise and individual or authorization as per the law, the official receiving it shall send 01 copy of the acknowledgement of application receipt or application revision instruction to the applicant and retain 01 copy.

10. The person sent to submit the application by the applicant must have a letter of introduction or letter of authorization and present their unexpired identity card or passport.

11. Within 07 working days from the date of receipt of a valid application, the competent authority shall consider and issue or reissue the certificate of eligibility for fire prevention and fighting service business (using Form No. PC34). If the application is rejected, the competent authority must send a written explanation to the applicant.

12. Competence in issuance and reissuance of certificates of eligibility for fire prevention and fighting service business

a) Police Department of Fire Prevention and Fighting and Rescue has the power to issue and reissue certificates of eligibility for fire prevention and fighting service business to service businesses providing technical fire prevention and fighting inspection consultancy, service businesses engaging in production and assembling of fire prevention and fighting equipment; service businesses established according to a ministerial-level decision; and foreign-invested service businesses;

b) Fire departments have the power to issue and reissue certificates of eligibility for fire prevention and fighting service business to service businesses in localities under their management, excluding service businesses issuance of certificates of eligibility for fire prevention and fighting service business of which is within the competence of Police Department of Fire Prevention and Fighting and Rescue.

13. Service businesses may engage in fire prevention and fighting service business only after they are granted a certificate of eligibility for fire prevention and fighting service business by the police authority.

Article 46. Management, use and revocation of certificates of eligibility for fire prevention and fighting service business

1. The head/legal representative of a service business shall manage the certificate of eligibility for fire prevention and fighting service business issued to their business and perform the following tasks:

a) Return the certificate to the issuing police authority for revocation when their business is dissolved or goes bankrupt as per the law or no longer engages in fire prevention and fighting service business;

b) Notify the issuing police authority of the reason for and duration of temporary suspension of their business’s operations in writing when their business’s operations are temporarily suspended;

c) Carry out procedure for reissuance of the certificate when the certificate is lost or damaged, or the name, address or head/legal representative of their business is changed as per the law, or there is change or addition to the fire prevention and fighting service business lines of their business;

d) Present the certificate to the competent state agencies and police authority upon request.

2. A service business will have its certificate of eligibility for fire prevention and fighting service business revoked when it fails to satisfy conditions for fire prevention and fighting service business after the certificate is issued. The certificate shall be revoked in compliance with regulations in Clause 4 Article 16 herein. After revocation, the police authority shall notify the revocation to the enterprise registration authority or competent authority permitting the service business to operate in writing.