Chương VI Nghị định 79/2014/NĐ-CP: Kinh doanh dịch vụ phòng cháy và chữa cháy

Chapter VI

PROVISION OF FIRE SAFETY SERVICES

Article 41. Requirements applied to a business providing services of consultancy of design, assessment, supervision and inspection, technical assessment of fire safety

1. The Head or the legal representative of the business must have qualification or certificates of training in fire safety.

2. A business must have employees obtaining the practice certificates of eligibility for fire safety, in particular:

a) There is at least 1 employee obtaining a practice certificate in consultancy of design, assessment, supervision and inspection, and technical assessment of fire safety prescribed in Point a and c Clause 3 Article 47 of this Decree.

b) There is at least 1 employee who is in charge of design, assessment, supervision and inspection, and technical assessment of fire safety prescribed in Clause 4 Article 47 of this Decree.

3. There are operating places; vehicles, equipment, or places serving the consultancy of design, assessment, supervision and inspection, and technical assessment of fire safety

Article 42. Requirements applied to a business providing fire safety technology transfer consultancy services; training and guidance on fire safety operations

1. The Head and legal representative of the business must have qualification or certificates of training in fire safety.

2. There is at least one employee having a bachelor’s degree in fire safety or having bachelor’s degree in business-related field together with completing at least a 6-month fresher course in fire safety.

3. There are operating places; vehicles, equipment, or places serving the consultancy of technology transfers; there are vehicles and equipment serving training, or places organizing training or guidance on fire safety operation.

Article 43. Requirements applied to a business providing fire safety system construction and installation services

1. The Head and legal representative of the business must have qualification and certificates of training in fire safety.

2. There is at least one Commander who is in charge of construction of fire safety.

3. There are operating places and facilities, vehicles, equipment, or machinery serving the construction and installation of fire safety system.

Article 44. Requirements applied to a business that manufacture or assemble fire safety equipment

1. The Director and legal representative of the business must have qualification and certificates of training in fire safety.

2. There is at least one employee having a bachelor’s degree in fire safety or having bachelor’s degree in business-related field as well as completing at least a 6-month fresher course in fire safety.

3. There are operating places and workshops, vehicles, or equipment serving the production and installation of fire safety equipment.

Article 45. Requirements applied to a business providing services of vehicles and equipment serving fire safety

1. The Director and legal representative of the business must have qualification and certificates of training in fire safety.

2. There are at least two employees having certificates of fire safety in business-related field.

3. There are operating places and facilities, vehicles, or equipment serving the operation of fire safety equipment.

Article 46. Requirement applied to a person providing fire safety services

A person shall be permitted to provide fire safety services if he satisfy the following requirements:

1. The person has qualification or certificates of fire safety in business-related field.

2. The person works in a business providing fire safety services.

Article 47. Qualification or certificates of fire safety and requirements applied to persons that are in charge of design, assessment, inspection, and technical assessment of fire safety

1. Qualification in fire safety includes:

a) Bachelor’s degree in fire safety.

b) College’s degree in fire safety.

c) Associate’s degree in fire safety.

2. Certificates of fire safety include:

a) Certificates of training in fire safety.

b) Practice certificates of designing consultancy for fire safety.

c) Practice certificates of assessment consultancy for fire safety.

d) Practice certificates of observing consultancy for fire safety.

dd) Practice certificates of inspecting consultancy and technical assessment for fire safety.

e) Certificates of commander training in construction of fire safety.

3. Requirements for issuance of Certificates of fire safety:

a) In order to be granted a Certificate of training in fire safety, a person must be completed at least a 6-month fresher course in fire safety.

b) In order to be granted a practice certificate of inspecting consultancy and technical assessment for fire safety, a person must satisfy the following requirements:.

- The person has a bachelor’s degree in fire safety or a bachelor’s degree in consultancy-related field together with a certificate of training in fire safety.

- The person has at least 5 years' experience in consultancy of design, assessment, supervision and inspection, and technical assessment of fire safety and designs at least 5 constructions.

c) In order to be granted a practice certificate of observing consultancy for fire safety, a person must satisfy the following requirements:

- The person has an associate’s degree in fire safety or above or there is an equivalent degree in observing consultancy-related field together with certificate of training in fire safety;

- The person has at least 3 years' experience in design or construction or observation of construction or installation of fire safety system and completion of fresher course in observation of construction.

d) In order to be granted the Certificate of commander training in construction of fire safety, a person must satisfy the following requirements:

- The person has an associate’s degree in fire safety or above or there is an equivalent degree together with certificate of training in fire safety;

- The person has at least 5 years' experience in construction or installation of fire safety system.

4. In order to be in charge of design, assessment, inspection, observation, or technical assessment of fire safety, a person must satisfy the following requirements:

a) The person has a practice certificate in consultancy of design, assessment, inspection, observation, or technical assessment of fire safety as prescribed in Point b Clause 3 of this Article.

b) The person involves in consultancy in design, assessment, inspection, observation, or technical assessment of fire safety for at least 3 constructions.

Article 48. Procedures for Certificate of eligibility to provide fire safety services

1. Application for Certificate of eligibility to provide fire safety services includes:

a) Application form for Certificate of eligibility to provide fire safety services.

b) Copies of Certificates of Business registration or Operating licenses.

c) A list of employees having the Certificates of fire safety in accordance with provision of fire safety services; together with copies of their Certificates and copies of their employment decisions or labor contracts.

d) Copies of qualification of employees.

dd) Documentary evidence for conditions of facilities, vehicles, or equipment serving the businesses.

2. Within 7 working days, from the day on which the satisfactory application is received, the competent fire department must provide the businesses with the Certificate of eligibility to provide the fire safety services. If the application is rejected, the Fire department shall notify the businesses or the persons and provide an explanation in writing.

3. The businesses may not provide any fire safety services unless they are granted the Certificate of eligibility to provide fire safety services by a fire department.

Article 49. Management, use, replacement, reissuance, or revocation of Certificate of eligibility to provide fire safety services (hereinafter referred to as the Certificate)

1. The Director or the legal representative of a business providing fire safety services must manage the Certificate. All acts of correction, cleaning, trading, lending, leasing of Certificate are prohibited.

2. If the business goes bankrupt or no longer provides the fire safety services, the Certificate shall be annulled; if it is shut down, the Certificate must be returned to the fire department who granted that Certificate within 5 days from the day on which their operations are shut down; if it suspend its operation, a notification of reason and duration of suspension must be send to the fire department who granted that Certificate.

3. In case the Certificate is lost or damaged; or the business change their names, directors, legal representatives, location, or operations of fire safety services, they must send the application for reissuance the Certificate or replacement of new Certificate to the fire department who granted the initial Certificate.

4. The Certificate shall be revoked in the following cases:

a) The businesses go bankrupt or no longer provide the fire safety services.

b) They do not satisfy the requirements for provision of fire safety services after granted the Certificate as prescribed in this Decree.

Article 50. Handling with businesses providing fire safety services and persons granted the practice certificate of fire safety before the effective date of this Decree

1. From the effective date of this Decree, the businesses that are providing the fire safety must be granted the Certificate by the fire department.

2. After 36 months from the effective date of this Decree, if the businesses do not satisfy the requirements for provision of fire safety services as prescribed in this Decree, they must terminate their businesses.

3. If a person is granted a Certificate of fire safety by other authorities not the fire department, he must apply for replacement of the Certificate in accordance with Clause 3 Article 47 of this Decree.