Joint Circular No. 03/TTLB-BNV-BXD stipulates fire safety, firefighting, and explosion prevention regulations for construction projects nationwide. Investors, design organizations, contractors, and users must ensure compliance with prescribed standards. Firefighting authorities are responsible for inspection, providing comments, and participating in the design and construction processes.
适用范围
Investors (organizations or individuals), design organizations, construction units, construction management agencies, firefighting authorities, and related agencies.
要点
- Investors and design organizations must seek opinions from firefighting authorities when preparing economic and technical justifications and procedures for agreement on design and firefighting equipment (Article 2.1).
- Firefighting authorities have the responsibility to respond in writing within 15 days after receiving all necessary files and documents (Article 2.2).
- Construction projects that are fire and explosion hazards or require two or more indoor fire hydrants must obtain agreement on design and firefighting equipment before construction begins (Article 2.3).
- Firefighting authorities are tasked with researching and agreeing in writing within 20 days from the date of receipt of all necessary files (Article 2.6).
- Investors are responsible for funding research and agreement on design and firefighting equipment, which can be deducted from other basic construction costs of the project investment (Article 2.5).
🌐 本文件的社会影响
- Positive impact: Reducing fire and explosion risks in construction projects, protecting people's lives and property.
- Negative impact: Increasing investment costs for investors due to requirements for agreement on firefighting design.
- Organizations and individuals significantly affected are investors, design organizations, and construction units.
❓ 常见问题
What should investors do when preparing economic and technical justifications?
Investors must seek opinions from firefighting authorities and complete procedures for agreement on design and firefighting equipment (Article 2.1).
How long does the firefighting authority have to respond in writing?
The firefighting authority must respond in writing within 15 days after receiving all necessary files and documents (Article 2.2).
Which construction projects must obtain agreement on design and firefighting equipment?
Construction projects that are fire and explosion hazards or require two or more indoor fire hydrants must obtain agreement (Article 2.3).
Who is responsible for the cost of research and agreement on firefighting design?
Investors are responsible for this cost, which can be deducted from other basic construction costs of the project investment (Article 2.5).
Does the firefighting authority have the right to suspend construction if violations of firefighting regulations are discovered?
Yes, the firefighting authority has the right to temporarily suspend construction or use of the project until fire and explosion risks are eliminated (Article 3.2).
全文
JOINT CIRCULAR
Regulations on fire prevention, firefighting, and explosion prevention in construction projects
1.1- All new construction projects, renovations, expansions, or changes in usage throughout the country, regardless of funding sources, must ensure safety in fire prevention, firefighting, and explosion prevention.
__________________
Chapter 1. GENERAL PROVISIONS
The standards and regulations on fire prevention, firefighting, and explosion prevention must be strictly implemented throughout the entire process of construction and use of the project from investment preparation, design, construction to acceptance and operation (including cases of renovation, expansion, or change in usage of operating projects). The investor (organization or individual) is primarily responsible for ensuring fire prevention, firefighting, and explosion prevention safety of the project.
1.2- During the construction of projects, the fire prevention and firefighting agency has the duties and authorities:
+ To inspect and guide the implementation of standards and regulations on fire prevention, firefighting, and explosion prevention for organizations and individuals performing the role of investors, designers, constructors, and users of the project.
+ To provide comments on fire prevention, firefighting, and explosion prevention during the establishment, review, and approval of economic and technical justifications.
+ To agree on the design and equipment for fire prevention and firefighting before construction begins.
+ To inspect the construction according to the fire prevention and firefighting design.
+ To participate in the acceptance councils at all levels.
2- REGULATIONS ON AGREEMENTS REGARDING DESIGN AND EQUIPMENT FOR FIRE PREVENTION AND FIREFIGHTING
2.1- The investor must work with the design organization to seek opinions when establishing economic and technical justifications and to complete procedures for agreement on the design and equipment for fire prevention and firefighting with the responsible fire prevention and firefighting agency (which may delegate this responsibility to the Project Management Board or the user unit responsible for implementation).
2.2- Upon receiving the investor's request for comments on economic and technical justifications, the responsible fire prevention and firefighting agency must respond in writing within 15 days after receiving all necessary files and documents. If the deadline is exceeded, it is considered that the fire prevention and firefighting agency has accepted, and the investor (design organization) can proceed with subsequent steps.
2.3- After the economic and technical justification has been approved, the following projects or project components must be agreed upon by the responsible fire prevention and firefighting agency (as per Article 3.1) regarding the design and equipment for fire prevention and firefighting before construction:
+ Projects or project components classified as production categories A, B, C, and F (according to fire prevention and firefighting standards for buildings and structures. Design requirements TCVN 2622-78).
+ Civil, warehouse, and industrial projects requiring two or more internal fire hydrants with a flow rate of 2.5 liters per second per hydrant (according to TCVN 2622-78).
+ Projects with special exceptions that cannot apply current fire prevention, firefighting, and explosion prevention standards.
2.4- For other projects, the investor and designer must independently ensure fire prevention, firefighting, and explosion prevention safety according to current standards and regulations. If deemed necessary, they may request the fire prevention and firefighting agency to provide comments and agreements.
2.5- Documents submitted to the fire prevention and firefighting agency for agreement on the design and equipment for fire prevention, firefighting, and explosion prevention include:
+ Approval documents for economic and technical justifications issued by the competent authority.
+ General layout drawings of the project.
+ Technical descriptions and drawings reflecting the fire and explosion hazards and safety measures for fire prevention, firefighting, and explosion prevention of the project (production category, fire resistance level, safe distances, escape routes, fire compartments, water supply systems, electrical systems, lightning protection, etc.).
2.6- From the date of receipt of all necessary documents (for design and fire prevention and firefighting equipment), the fire prevention and firefighting agency must study and agree in writing within 20 days and be responsible for the contents agreed upon. Large and complex projects may have separate agreements for each component.
2.7- The research and agreement costs for the design and fire prevention and firefighting equipment shall be paid by the investor to the fire prevention and firefighting agency. These costs are included in the non-basic construction portion of the project investment capital and calculated at 0.5% of the design fee. For projects not required to reach agreements, the party requesting the agreement pays.
3- IMPLEMENTATION ORGANIZATION
3.1- The Fire Prevention and Firefighting Police Department under the Ministry of Public Security shall perform the tasks specified in Article 1.2 for important national projects and other projects if deemed necessary, or upon request by the investor or design organization.
Provincial, city, and special zone fire prevention and firefighting police departments shall perform the tasks specified in Article 1.2 for all construction projects in their localities (excluding those handled by the Fire Prevention and Firefighting Police Department) and other projects delegated by the Fire Prevention and Firefighting Police Department, or upon request by the investor or design organization.
3.2- The fire prevention and firefighting agency is responsible for promptly recommending and handling violations of fire prevention, firefighting, and explosion prevention standards and regulations discovered during inspections in the design, construction, and use of projects. If there is a direct risk of fire or explosion, the fire prevention and firefighting agency has the right to temporarily halt construction or use of the project until these risks are eliminated.
When applying fire prevention, firefighting, and explosion prevention standards and regulations in design and construction encounters difficulties, the investor and related parties need to discuss with the fire prevention and firefighting agency and the management agency responsible for resolving them. If no consensus is reached, it must be reported to the Joint Ministry of Public Security - Construction for decision.
4- EFFECTIVE PROVISIONS
4- IMPLEMENTING PROVISIONS
4.1- All organizations, investors, designers, contractors, users of construction works, fire prevention and firefighting agencies, construction management agencies, and related agencies must strictly comply with the provisions of this Circular; violators will be subject to legal action according to current laws, with administrative penalties or prosecution depending on the severity of the violation.
4.2- This Circular takes effect from the date of signature and replaces Circular Jointly Issued by the Ministry of Home Affairs and the State Basic Construction Committee No. 28/TTLB dated June 17, 1980.
Ministries, General Departments, Provincial People's Committees, City People's Committees, and centrally governed special administrative regions are responsible for disseminating this Circular to grassroots units and relevant agencies involved in design, construction, fire prevention and firefighting, and supervising the implementation of this Circular.
关系图
点击文件即可打开。红色边框＝改变效力的关系。