Thông tư 149/2020/TT-BCA hướng dẫn thi hành Luật Phòng cháy và chữa cháy và Luật Phòng cháy và chữa cháy sửa đổi và Nghị định 136/2020/NĐ-CP hướng dẫn Luật Phòng cháy và chữa cháy và Luật Phòng cháy và chữa cháy sửa đổi do Bộ trưởng Bộ Công an ban hành

CIRCULAR

PROVIDING GUIDELINES FOR LAW ON FIRE PREVENTION AND FIGHTING, LAW ON AMENDMENTS TO LAW ON FIRE PREVENTION AND FIGHTING AND THE GOVERNMENT’S DECREE NO. 136/2020/ND-CP DATED NOVEMBER 24, 2020 PROVIDING GUIDELINES FOR A NUMBER OF ARTICLES OF LAW ON FIRE PREVENTION AND FIGHTING AND LAW ON AMENDMENTS TO LAW ON FIRE PREVENTION AND FIGHTING

Pursuant to the Law on Fire Prevention and Fighting dated June 29, 2001 and  Law on Amendments to Law on Fire Prevention and Fighting dated November 22, 2013;

Pursuant to the Government’s Decree No. 83/2017/ND-CP dated July 18, 2017 on rescue operations by fire departments;

Pursuant to the Government’s Decree No. 01/2018/ND-CP dated August 06, 2018 on functions, duties, powers and organizational structure of the Ministry of Public Security;  

Pursuant to the Government’s Decree No. 136/2020/ND-CP dated November 24, 2020 providing guidelines for a number of Articles of Law on Fire Prevention and Fighting and Law on Amendments to Law on Fire Prevention and Fighting;

At the request of the Director General of Police Department of Fire Prevention and Fighting and Rescue;

The Minister of Public Security hereby promulgates a Circular providing guidelines for Law on Fire Prevention and Fighting, Law on Amendments to Law on Fire Prevention and Fighting and the Government’s Decree No. 136/2020/ND-CP dated November 24, 2020 providing guidelines for a number of Articles of Law on Fire Prevention and Fighting and Law on Amendments to Law on Fire Prevention and Fighting.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular provides for some fire prevention and fighting operations, including management documents, fire safety regulations, fire escape plans, fire prevention and fighting instruction signs, signage and prohibition signs; residential areas at high risk of fire and explosion; decentralization of fire management; fire safety inspection; firefighting plan approval and drills; systems for management of databases on fire prevention and fighting and incident notification (hereinafter referred to as “management systems”); establishment of specialized firefighting forces; content and duration of refresher courses on fire prevention and fighting operations; and inspection stamps for fire prevention and fighting equipment.

Article 2. Regulated entities

This Circular is applicable to regulatory bodies, organizations, households and individuals operating and/or living in the territory of the Socialist Republic of Vietnam.

Article 3. Appendix

Promulgated together with this Circular is an appendix containing the following forms, which are used in fire prevention and fighting operations:

1. Firefighting tactics sheet (Form No. 01).

2. Certificate of completion of refresher course on fire prevention and fighting operations (Form No. 02).

3. Inspection stamps for fire prevention and fighting equipment (Form No. 03).

Chapter II

SPECIFIC PROVISIONS

Article 4. Documents on management and monitoring of fire prevention and fighting operations

1. Documents on management and monitoring of fire prevention and fighting operations of facilities included in the list in Appendix III promulgated together with the Government’s Decree No. 136/2020/ND-CP dated November 24, 2020 providing guidelines for a number of Articles of Law on Fire Prevention and Fighting and Law on Amendments to Law on Fire Prevention and Fighting (hereinafter referred to as “Decree No. 136/2020/ND-CP”) shall be prepared and retained by heads of these facilities and include:

a) Regulations, instructional documents and guidelines on fire prevention and fighting; decisions on assignment of fire prevention and fighting tasks of the facility (if any);

b) Certificate of design appraisal, design appraisal document (if any); and written approval of fire prevention and fighting commissioning results for facilities included in the list in Appendix V enclosed with Decree No. 136/2020/ND-CP;

c) Copy of site plan showing roads and water supply for firefighting purpose, purpose-based space division of technological lines and items in the facility approved by competent authorities (if any);

d) Decision on establishment of internal/specialized firefighting force (if any);

dd) Decision on issuance of certificate of training in fire prevention and fighting and rescue operations or copy of certificate of training in fire prevention and fighting and rescue operations issued by the competent police authority;

e) The facility’s firefighting plan, which has been approved by the competent authority; plan for firefighting plan drills and report on results thereof;

g) Fire safety inspection records by the competent authority/person mentioned in Clause 3 Article 16 of Decree No. 136/2020/ND-CP; records of results of fire safety self-inspection; reports on results of biannual fire safety inspections by the facility head according to regulations in Point b Clause 3 Article 16 of Decree No. 136/2020/ND-CP; reports prepared upon change to fire safety conditions (if any); written propositions concerning fire prevention and fighting operations; offence notices, decisions on administrative penalty for violation against regulations on fire prevention and fighting, temporary suspension decisions, suspension decisions and operation resumption decisions (if any);

h) Fire/Explosion incident reports (if any); notifications of conclusion of investigation into fire incident by competent authorities (if any);

i) Records of results of inspection of grounding resistance for lightning protection and inspection of pressure-resistant pipes, equipment and systems (if any);

k)  Certificate of eligibility for fire prevention and fighting service business (if any);

l) Certificate of compulsory fire and explosion insurance for facilities mentioned in the list in Appendix II enclosed with Decree No. 136/2020/ND-CP.

2. Documents on management and monitoring of fire prevention and fighting operations of facilities mentioned in the list in Appendix IV enclosed with Decree No. 136/2020/ND-CP include the documents specified in Points a, dd, e, g, h and k Clause 1 herein.

3. Facility heads shall organize revision of documents on management and monitoring of fire prevention and fighting operations of their facilities.

Article 5. Fire safety regulations, fire escape plans, fire prevention and fighting instruction signs, signage and prohibition signs

1. Fire safety regulations must be appropriate to the operational characteristics of each facility and include the following basic contents: regulations on management and use of power, fire sources, heat sources, flammable substances, explosives, spark-generating equipment and heat-generating equipment; regulations on management and use of fire prevention and fighting equipment; prohibited acts per regulations of law on fire prevention and fighting; and actions to be taken during a fire or explosion incident.

2. Fire escape plans must show the escape route and location of firefighting equipment of each area and floor. Depending on the operational characteristics of each facility, the fire escape plan may be separated into different plans showing one or more than one of the abovementioned contents.

3. Fire prevention and fighting instruction signs, signage and prohibition signs include:

a) No fire signs, no smoking signs, signs prohibiting carry and use of matches, lighters, mobile phones, transceivers, and heat-generating, spark-generating or fire-generating equipment, objects and substances in places of manufacturing, storage and/or use of explosive materials, gas, oil, liquefied gas and flammable chemicals;

b) Fire/Explosion danger signs;

c) Fire prevention and fighting instruction signs, including escape route signs, fire exit signs; signs denoting locations of fire hydrants and fire fighting  water containers.

4. Specifications and specimens of fire prevention and fighting instruction signs, signage and prohibition signs are provided for in National Standard TCVN 4879:1989 on Fire protection - Safety signs. In case where it is necessary to specify the validity period of a sign, a secondary sign shall be provided.

5. Fire safety regulations, fire escape plans and fire prevention and fighting instruction signs, signage and prohibition signs must be disseminated and placed at easily noticed locations for everyone to know and follow.

Article 6. Residential areas at high risk of fire and explosion

A residential area at high risk of fire and explosion is a residential area mentioned in Clause 1 Article 6 of Decree No. 136/2020/ND-CP and meeting any of the following criteria:

1. A handicraft village engaging in manufacturing and/or trade of goods posing fire or explosion hazard is located inside the residential area.

2. At least 20% of total households in the residential area engage in manufacturing and/or trade of goods/chemicals posing fire or explosion hazard.

3. A facility for processing, producing and/or preserving petroleum and petroleum products, gas and/or chemicals posing fire or explosion hazard; a terminal for petroleum and petroleum products, a terminal for gas and/or chemicals posing fire or explosion hazard; or a filling station is located inside the residential area.

Article 7. Decentralization of fire management of police authorities

Based on apparatus, payroll and localities under management of provincial police authorities and number of facilities mentioned in the list in Appendix III enclosed with Decree No. 136/2020/ND-CP, heads of provincial police authorities shall decide to delegate management of fire safety of motor vehicles subject to special fire safety requirements belonging to regulatory bodies and organizations whose premises are located in localities under their management and the following types of facilities  to fire departments in accordance with fire safety requirements: premises of administrative authorities at provincial level and higher; and technical infrastructures and facilities relevant to fire prevention and fighting operations of cities, economic zones, industrial parks, export-processing zones, hi-tech parks and industry clusters located in 02 administrative units at district level or higher and facilities at risk of fire or explosion. Fire safety of the remaining facilities mentioned in Appendix III enclosed with Decree No. 136/2020/ND-CP shall be managed by district-level police authorities.

Article 8. Fire safety inspection

1. Based on capacity, real-world operations and applicable fire safety requirements, heads of facilities and owners of motor vehicles subject to special fire safety requirements, household heads and forest owners mentioned in Points a and b Clause 3 Article 16 of Decree No. 136/2020/ND-CP shall organize fire safety inspection on a regular basis intra vires. The inspected items are provided for in Clause 2 Article 16 of Decree No. 136/2020/ND-CP.

2. Inspection results must contain the following basic contents:

a) Scope of inspection;

b) Record and assessment of any failure to meet a requirement, which compromises safety and violates fire prevention and fighting regulations (if any), proposed remedial measure for such compromise and/or violation;

c) Other relevant contents (if any).

3. A report on fire safety inspection results prepared by heads of facilities mentioned in Point b Clause 3 Article 16 of Decree No. 136/2020/ND-CP and submitted to the supervisory police authority includes the following basic contents:

a) Results of self-inspection of maintenance of compliance with fire safety requirements;

b) Results of response to requests and propositions of competent authorities;

c) Other relevant contents (if any).

Article 9. Competence in firefighting plan approval

1. Competence in firefighting plan approval

a) The Minister of Public Security has the power to approve firefighting plans of police authorities involving mobilization of forces and equipment of police authorities of multiple provinces and central-affiliated cities;

b) Chairpersons of provincial People’s Committees have the power to approve firefighting plans of police authorities involving mobilization of forces and equipment of regulatory bodies and organizations under their management;

c) Heads of provincial police authorities have the power to approve firefighting plans of police authorities involving mobilization of forces and equipment of multiple police authorities in localities under their management;

d) Chairpersons of district-level People’s Committees have the power to approve firefighting plans of police authorities involving mobilization of forces and equipment of regulatory bodies and organizations under their management;

dd) Heads of fire departments have the power to approve firefighting plans of facilities and firefighting plans of police authorities for facilities under their management;

e) Heads of district-level police authorities have the power to approve firefighting plans of facilities and firefighting plans of police authorities for facilities under their management;

g) Chairpersons of commune-level People’s Committees have the power to approve firefighting plans of residential areas under their management; heads of the facilities mentioned in Appendix IV enclosed with Decree No. 136/2020/ND-CP have the power to approve firefighting plans of their facilities; owners of motor vehicles subject to special fire safety requirements have the power to approve firefighting plans of their vehicles.

Within 07 working days starting from the date of receipt of an application adequate and valid according to regulations in Clause 4 Article 19 of Decree No. 136/2020/ND-CP, competent persons mentioned in Points dd and e and Chairpersons of commune-level People’s Committees mentioned in Point g Clause 1 herein shall consider approving firefighting plans of facilities and retain 01 copy of each approved plan; and provide a written explanation if a plan is rejected.

2. After a firefighting plan of a police authority is approved according to regulations, the unit directly formulating the plan shall fill out the firefighting tactics sheet using Form No. 01 in the Appendix enclosed with this Circular and send a copy to the police authority/ies whose forces/equipment are/is involved in the plan.

Article 10. Time limit for firefighting plan drills

1. Drills of facility firefighting plans mentioned in Point a Clause 3 Article 19 of Decree No. 136/2020/ND-CP must take place at least once a year and on an ad hoc basis upon request for assurance of fire safety of special local political, economic, cultural and social events. Each drill may include one or more than one fire scenario but all scenarios in the plan must be featured in a drill.

2. Drills of firefighting plans of police authorities mentioned in Points b and c Clause 3 Article 19 of Decree No. 136/2020/ND-CP shall take place at the request of persons competent in approving the plans. The police authority in charge of a firefighting plan drill must notify the drill time to the Chairperson of the commune-level People’s Committee and head of the facility where the drill takes place at least 05 working days before drill day and send a request for mobilization of forces and equipment to regulatory bodies, organizations, households and individuals mobilized for the drill at least 05 working days before drill day.

Article 11. Management systems

1. Management systems include databases on fire prevention and fighting and information infrastructures.

2. A database on fire prevention and fighting includes incident notification (fires, incidents; fire alarm system/equipment errors), operational status of fire safety systems and technical systems relevant to fire prevention and fighting in the facility; characteristics of the facility related to fire prevention and fighting and rescue operations; forces, equipment, roads and water supply for firefighting and rescue operations of the facility; inspection of fire prevention and fighting and rescue operations, and handling of violations against regulations on fire prevention and fighting and rescue operations; compliance with fire prevention and fighting regulations applicable to investment in construction; firefighting plans, rescue plans; fire and explosion incidents and accidents happening in the facility; the facility’s changes related to fire prevention and fighting and rescue operations; and other information concerning fire prevention and fighting and rescue operations of the facility.

3. Information infrastructures include equipment (servers, hardware, connecting systems) located in the premises of police authorities at central, provincial and district levels; incident notification equipment located in facilities; software for storage and processing of information of databases on fire prevention and fighting sent from facilities to police authorities and between police authorities at all levels.

4. Data and information connection and transmission: incident notifications of facilities shall be sent via incident notification equipment and connecting services provided by incident notification service providers from facilities to police authorities as per the law. Databases on fire prevention and fighting and incident notifications must be synced with management software of police authorities and meet security, safety and confidentiality requirements according to regulations.

Article 12. Investment in and management and operation of management systems

1. Investment in information infrastructures of management systems shall be carried out in a manner that complies with the law and rules for provision of public services and goods, and ensures the right of individuals and organizations to access and use the infrastructures as per the law.

2. Responsibilities of facilities required to provide a database on fire prevention and fighting and install incident notification equipment:

a) Assign persons to update all information on fire prevention and fighting and rescue operations in the facility at the request of police authorities; in case any information changes, update the change immediately; and take responsibility for the accuracy and timeliness of the information;

b) Select suitable incident notification equipment in compliance with the requirements in Clause 2 Article 11 of this Circular. Have at least 02 telephone lines in constant operational readiness to receive messages and calls informing about fires, incidents and accidents from management systems;

c) Take responsibility for management of incident notification equipment according to information provided for police authorities. Operate and maintain the equipment in accordance with the procedures from service providers and instructions of police authorities.

3. Conditions for and responsibilities of information infrastructure providers and incident notification service providers within their respective scopes of service:

a) Have technology systems, solutions and equipment for management of databases on fire prevention and fighting and incident notification equipment that meet requirements provided for in technical regulations and standards or regulations of the Ministry of Public Security;

b) Maintain, formulate and develop solutions for and support management and operation of the systems at the request of police authorities throughout their operation;

c) Have a 24/7 online technical support center; and forces in charge of equipment repair, warranty and replacement;

d) Comply with requirements for cyber information security and confidentiality of systems and databases on fire prevention and fighting as per the law.

4. Police Department of Fire Prevention and Fighting and Rescue shall organize management and operation of management systems; provide guidelines on contents, measures and procedures for these tasks, and decentralization of management and operation of these systems for the purposes of preservation of public order and security, fire prevention and fighting, and rescue throughout the country; inspect, assess and publicly announce the providers of information infrastructures for management systems that meet the conditions provided for in Clause 3 herein.

5. Provincial police authorities shall launch and operate management systems in accordance with regulations and guidelines of Police Department of Fire Prevention and Fighting and Rescue.

Article 13. Establishment of specialized firefighting forces

The facilities mentioned in Points a, b, c, d and dd Clause 3 Article 44 of the Law on Fire Prevention and Fighting, which are amended in Clause 25 Article 1 of the Law on Amendments to Law on Fire Prevention and Fighting, and the following facilities must establish a specialized firefighting force: national reserve warehouses; petroleum and petroleum product terminals with total volume of 15.000 m³ or more; hydropower plants with capacity of 300 MW or more, thermal power plants with capacity of 200 MW or more; paper manufacturing facilities producing 35.000 or more tonnes per year; textile manufacturing facilities producing 20 million or more m² per year; nitrogenous fertilizer manufacturing facilities producing 180.000 or more tonnes per year; industrial parks, export-processing zones, hi-tech parks and industry clusters with area of 50 ha or more.

Article 14. Content and duration of refresher courses on fire prevention and fighting operations

1. Content and duration of refresher courses on fire prevention and fighting operations include:

a) Law on fire prevention and fighting; basic knowledge about fire prevention and fighting; fire prevention and fighting systems and equipment. Duration: 90 periods (equivalent to 12 days);

b) Basic knowledge about fire prevention and fighting designs, standards and regulations; knowledge about fire prevention in investment in construction. Duration: 75 periods (equivalent to 10 days);

c) Technical standard and regulation systems and application of technical regulations and standards on fire prevention and fighting in inspection of fire prevention and fighting equipment; basic knowledge about procedures and equipment for inspection of fire prevention and fighting equipment. Duration: 30 periods (equivalent to 04 days);

d) In-depth knowledge about technical requirements, compositions and principles of fire prevention and fighting systems and equipment. Duration: 75 periods (equivalent to 10 days);

dd) Knowledge about fire safety in construction; measures for installation of fire prevention and fighting systems and equipment. Duration: 45 periods (equivalent to 06 days).

2. Heads or legal representatives of fire prevention and fighting service businesses and individuals mentioned in Clauses 6 and 8 Article 41 of Decree No. 136/2020/ND-CP shall participate in refresher courses organized according to regulations in Point a Clause 1 of this Article.

3. Individuals providing fire safety design consultancy, appraisal consultancy or supervision consultancy shall participate in refresher courses organized according to regulations in Points a, b and d Clause 1 herein.

4. Individuals providing technical fire prevention and fighting inspection consultancy shall participate in refresher courses organized according to regulations in Points a and c Clause 1 herein.

5. Individuals managing fire prevention and fighting construction shall participate in refresher courses organized according to regulations in Points a and dd Clause 1 herein.

6. Educational institutions mentioned in Point a Clause 3 Article 43 of Decree No. 136/2020/ND-CP shall formulate curricula of refresher courses on fire prevention and fighting operations for each type of participant; and announce information related to certificate issuance on their web portals. Information to be announced includes full name and date of birth of each certificate holder, content of completed refresher course, and number and date of issuance of each certificate.

7. Content, format and specifications of the certificate of completion of refresher course on fire prevention and fighting operations are provided for in Form No. 02 in the Appendix enclosed with this Circular.

Article 15. Inspection stamps for fire prevention and fighting equipment

1. Inspection stamps shall be affixed to fire prevention and fighting equipment which is mentioned in Appendix VII enclosed with Decree No. 136/2020/ND-CP, has undergone inspection and is issued with the equipment inspection certificate as follows:

a) Specimen stamp A shall be affixed to fire trucks; rescue vehicles; ladder trucks; pumpers; extinguishant carriers; breathing apparatus transport and charging vehicles; smoke removal vehicles; firefighting boats, canoes and motorboats; firefighting pumps; and containers (tanks, barrels, bottles, cans) of the extinguishants mentioned in Section 4 of Appendix VII enclosed with Decree No. 136/2020/ND-CP;

b) Specimen stamp B shall be affixed to fire hoses; hose nuzzles; dividing breechings and fire hydrants;

c) Specimen stamp C shall be affixed to fire alarm control panels, detectors of all types, fire alarm bells, fire alarm lights, fire alarm buttons; automated firefighting system control panels; extinguishant releasing bells, horns and lights, extinguishant manual release buttons; escape lights and emergency lights;

d) Specimen stamp D shall be affixed to alarm valves, deluge valves, selector valves, pressure switches and flow switches of firefighting systems; non-metal pipes in firefighting water supply systems, and soft pipes used for fire hoses;

dd) Specimen stamp E shall be affixed to extinguishers of all types;

e) Specimen stamp G shall be affixed to fire hoses of all types.

2. Inspection stamps for fire prevention and fighting equipment are provided for in Form No. 03 in the Appendix enclosed with this Circular.

3. Police Department of Fire Prevention and Fighting and Rescue shall print, distribute and manage inspection stamps for fire prevention and fighting equipment.

Chapter III

IMPLEMENTATION

Article 16. Effect

1. This Circular takes effect from February 20, 2021 and supersedes Circular No. 66/2014/TT-BCA and Circular No. 36/2018/TT-BCA.

2. Within 24 months starting from the entry into force of this Circular, facilities posing fire or explosion hazard mentioned in Appendix III enclosed with Decree No. 136/2020/ND-CP must finish updating online databases on fire prevention and fighting and connect incident notification according to the regulations herein. Within 36 months starting from the entry into force of this Circular, the remaining facilities mentioned in Appendix III (requiring automated fire alarm/firefighting systems/equipment according to regulations of technical standards and regulations) enclosed with Decree No. 136/2020/ND-CP must finish updating databases on fire prevention and fighting and connect incident notification according to the regulations herein.

3. Certificates of completion of refresher course on fire prevention and fighting operations granted to individuals by educational institutions providing training in fire prevention and fighting operations according to regulations in Point a Clause 3 Article 47 of Decree No. 79/2014/ND-CP may continue to be used to apply for the practitioner certificates in fire prevention and fighting consultancy and certificates of eligibility for fire prevention and fighting service business provided for in Decree No. 136/2020/ND-CP.

4. Practitioner certificates in fire prevention and fighting consultancy granted to individuals according to regulations in Decree No. 79/2014/ND-CP may be reissued after their expiry date (if any) according to regulations.

Article 17. Implementing responsibilities

1. Director General of Police Department of Fire Prevention and Fighting and Rescue shall direct, inspect and expedite implementation of this Circular.

2. Heads of entities affiliated to the Ministry of Public Security, heads of provincial police authorities and relevant organizations and individuals shall implement this Circular.

Any difficulty arising during the implementation of this Circular should be reported to the Ministry of Public Security (via Police Department of Fire Prevention and Fighting and Rescue) for timely guidance./.