Circular No. 04/2004/TT-BCA on guiding the implementation of Decree No. 35/2003/NĐ-CP dated April 4, 2003 of the Government detailing certain provisions of the Law on Fire Prevention and Fighting

I. FILES FOR MONITORING AND MANAGING FIRE PREVENTION AND FIGHTING ACTIVITIES

1. Files for monitoring and managing fire prevention and fighting activities include:

a. Regulations, internal rules, procedures, directives, and guidelines on fire prevention and fighting;

b. Documents on fire prevention and fighting inspection and acceptance (if any); certificates of compliance with fire prevention and fighting conditions (if any);

c. Classification forms for premises regarding fire prevention and fighting;

d. Decisions on establishing fire prevention and fighting teams at premises and civilian defense teams;

đ. Fire fighting plans that have been approved;

e. Inspection records on fire safety; proposals and recommendations on fire prevention and fighting work; violation records and decisions related to handling violations of fire prevention and fighting regulations (if any);

g. Registers on propaganda, training, and fire prevention and fighting team activities; registers on fire prevention and fighting equipment;

h. Statistics and reports on fire prevention and fighting; fire incident files (if any).

2. Files for monitoring and managing fire prevention and fighting activities must be updated regularly and promptly.

3. Files for monitoring and managing fire prevention and fighting activities shall be established and retained by the head of the agency, organization, or premise.

II. STATISTICS AND REPORTS ON FIRE PREVENTION AND FIGHTING

1. Statistics on fire prevention and fighting include:

a. Statistics on the number of safety inspections, propaganda, training, and handling of fire prevention and fighting violations;

b. Statistics on the number of civil defense officers and fire prevention and fighting personnel;

c. Statistics on firefighting equipment;

d. Statistics on fire fighting plan study and practice, fire incidents, firefighting operations, and other issues related to fire prevention and fighting activities.

2. Reports on fire prevention and fighting include:

a. Reports on fire incidents;

b. Semi-annual and annual reports on fire prevention and fighting activities;

c. Interim and final reports on fire prevention and fighting according to specific topics.

3. Periodic statistics and reports on fire prevention and fighting situations must be submitted to the superior agencies or organizations. In cases where there are significant changes affecting fire safety at the agency or organization, they must promptly inform the local Fire Prevention and Fighting Police unit responsible for managing the area.

III. INTERNAL RULES ON SAFETY, GUIDANCE DIAGRAMS, PROHIBITION SIGNS, WARNING SIGNS, AND DIRECTION SIGNS REGARDING FIRE PREVENTION AND FIGHTING

1. Internal rules on fire prevention and fighting include the following basic contents: regulations on managing and using sources of fire, heat, flammable materials, and devices capable of generating fire or heat; prohibitions and actions to prevent fires and explosions; regulations on preserving and using fire prevention and fighting systems and equipment; specific actions to take when a fire or explosion occurs.

2. Guidance diagrams on fire prevention and fighting must show building components, internal roadways, escape routes, directions of escape, locations of firefighting water sources, and firefighting equipment; depending on the nature and characteristics of specific activities, guidance diagrams on fire prevention and fighting may be divided into separate diagrams showing one or more of these elements.

3. Prohibition signs, warning signs, and direction signs in the field of fire prevention and fighting:

a. No flame signs (no naked flame signs), no smoking signs, no obstruction signs, no water usage signs for extinguishing fires. For places producing, storing, or using explosives, liquefied gas, gasoline, and similar places with high fire and explosion risks, prohibition signs must clearly indicate items such as matches, lighters, mobile phones, and other devices or substances that can generate sparks or flames.

b. Warning signs for areas or materials with fire and explosion hazards;

c. Direction signs for fire prevention and fighting are signs indicating escape routes, exit doors, and the location of telephones, fire extinguishers, hydrants, water supply docks, and other firefighting equipment.

4. Specifications and models of prohibition signs, warning signs, and direction signs in the field of fire prevention and fighting shall comply with the provisions of standard TCVN 4897:1989. Fire prevention - safety symbols regarding design and size. In cases where it is necessary to clearly define the validity of prohibition signs and warning signs, additional signs shall be attached.

5. Internal rules and guidance diagrams on fire prevention and fighting at a place must be disseminated to all people at that place and posted in visible locations so that relevant people know and comply with them.

IV. INSPECTION REGARDING FIRE PREVENTION AND FIGHTING

1. Inspection regarding fire prevention and fighting for construction projects and motor vehicles requiring special fire safety measures as stipulated in Appendix 3 of Decree No. 35/2003/NĐ-CP involves checking and comparing design solutions and contents with current national standards, technical regulations, and laws or international standards permitted for use in Vietnam to ensure full compliance with fire safety requirements.

When technical designs meet all fire prevention and fighting requirements, the Fire Prevention and Fighting Police will issue a "Fire Prevention and Fighting Inspection Certificate" according to Model PC1 in Appendix 1 of this Circular and stamp "Inspected for Fire Prevention and Fighting" according to Model PC2 in Appendix 1 onto each reviewed drawing.

2. The process of fire prevention and fighting inspection:

a. For construction planning projects and construction investment projects for works: the Fire Prevention and Fighting Police Department shall conduct fire prevention and fighting reviews and issue written responses regarding the review results;

b. For work designs: the content of the review shall be carried out in accordance with the provisions of Clause 2, Article 16 of Decree No. 35/2003/NĐ-CP;

c. For works specified in Sections 14, 15, and 19 of Appendix 3 to Decree No. 35/2003/NĐ-CP that are not required to prepare construction planning projects or investment projects, they must obtain approval from the Fire Prevention and Fighting Police Department on the location before proceeding with the design of the works;

d. For motor vehicles requiring special safety measures for fire prevention and fighting when newly manufactured or modified, the following contents shall be reviewed:

- Solutions ensuring fire prevention and fighting safety for flammable materials expected to be arranged on the vehicle;

- Conditions for preventing fires and stopping fire spread;

- Solutions ensuring fire prevention and fighting safety for the electrical system, fuel system, and engine;

- Conditions for evacuation and rescue when a fire occurs;

- Fire alarm systems, fire suppression systems, and other firefighting equipment;

- Systems and devices for detecting and handling leaks of hazardous gases and liquids related to fire and explosion.

3. The fire prevention and fighting review dossier consists of three copies and must be confirmed by the investor; if the dossier is in a foreign language, it must be translated into Vietnamese, and the entity requesting the review shall be responsible for the accuracy of the translation;

The content of the fire prevention and fighting review dossier is stipulated as follows:

a. For approving the location of construction works, it includes:

- A document from the investor requesting approval of the construction location, clearly stating the characteristics, scale, and nature of the proposed construction;

- Documentation or drawings clearly showing the location, main wind direction, information about the terrain, climate, hydrology, and distance from the proposed construction to surrounding facilities and works;

b. For work designs implemented in accordance with Clause 3, Article 16 of Decree No. 35/2003/NĐ-CP;

c. For motor vehicles requiring special safety measures for fire prevention and fighting, it includes:

- A document from the investor requesting the review, accompanied by a power of attorney if the investor delegates another entity to handle the matter;

- A copy of the decision from the competent authority allowing new manufacture or modification of the vehicle (confirmed by the investor);

- Drawings and descriptions detailing the fire prevention and fighting requirements as stipulated in point d, clause 2, section 2 of this item;

- Technical specifications of fire prevention and fighting equipment and devices designed and installed;

d. After the review, two sets of drawings and descriptions will be returned to the investor, while the Fire Prevention and Fighting Police Department retains one set for construction inspection and acceptance of the fire prevention and fighting aspects of the project, which will be returned to the investor after the project has been accepted and put into operation.

4. The time limit for fire prevention and fighting reviews is calculated from the date of receipt of complete and valid dossiers and is stipulated as follows:

a. For approving the location of construction works: within ten working days, the Fire Prevention and Fighting Police Department shall examine and issue a written response to the investor regarding the construction location;

b. For projects and work designs: carried out in accordance with Clause 4, Article 16 of Decree No. 35/2003/NĐ-CP;

c. For motor vehicles requiring special safety measures for fire prevention and fighting: within twenty working days;

5. Hierarchical levels for fire prevention and fighting reviews:

a. The Fire Prevention and Fighting Police Corps shall conduct fire prevention and fighting reviews for investment projects and technical designs of national-level important works approved and decided by the Prime Minister; dossiers for new manufacturing or modifying motor vehicles requiring special safety measures for fire prevention and fighting; investment projects and technical designs proposed by provincial-level Fire Prevention and Fighting Police Departments, or other works decided by the General Police Department based on operational needs. In cases decided by the General Police Department, the General Police Department must notify the investor in writing;

b. Provincial-level Fire Prevention and Fighting Police Departments shall conduct fire prevention and fighting reviews for investment projects and technical designs for cases not under the jurisdiction of the Fire Prevention and Fighting Police Corps and those delegated by the Fire Prevention and Fighting Police Corps. In cases of delegation, the Fire Prevention and Fighting Police Corps must issue a written delegation from the Director.

V. INSPECTION OF CONSTRUCTION FOR FIRE PREVENTION AND FIGHTING

1. Inspection of construction for fire prevention and fighting includes inspecting the construction of fire prevention and fighting components and the installation of fire prevention and fighting equipment according to the approved design. Such inspections shall be conducted at least once during the construction and installation phase and may be conducted randomly if there are signs of non-compliance with the approved design;

2. The Fire Prevention and Fighting Police Corps shall carry out inspections of construction for fire prevention and fighting for works and motor vehicles requiring special safety measures for fire prevention and fighting that it has reviewed;

3. Provincial-level Fire Prevention and Fighting Police Departments shall inspect the construction of fire prevention and fighting for works they have reviewed and those delegated or requested by the Fire Prevention and Fighting Police Corps;

If deemed necessary, the Fire Prevention and Fighting Police Corps may jointly conduct inspections of construction for fire prevention and fighting with provincial-level Fire Prevention and Fighting Police Departments.

4. When inspecting construction for fire prevention and firefighting, representatives of the project owner, vehicle owner, and construction unit must be present to participate. At the same time, the project owner may invite other directly related parties to participate if deemed necessary. The project owner, vehicle owner, and contractor must prepare all necessary files and documents and ensure the required conditions for the inspection. The files for construction inspection include approved design documents and certificates and other necessary documents related to the quality of construction and installation of fire prevention and firefighting equipment.

5. The project owner and vehicle owner are responsible for reporting the progress of construction and installation of fire prevention and firefighting equipment to the local Fire Prevention and Fighting Police Department.

6. At least three working days before conducting the inspection, the Fire Prevention and Fighting Police Department must notify the project owner and vehicle owner of the inspection date, content, and plan.

7. The inspection results are recorded in the minutes according to Model PC3 in Appendix 1 of this Circular. The project owner and vehicle owner are responsible for fully implementing and complying with the deadlines for the recommendations stated in the minutes.

VI. ACCEPTANCE REGARDING FIRE PREVENTION AND FIREFIGHTING

1. Acceptance regarding fire prevention and firefighting is part of the overall acceptance of construction projects and motor vehicles that have special requirements for fire safety.

2. The acceptance files regarding fire prevention and firefighting prepared by the project owner and vehicle owner include:

a. Certificate of approval for fire prevention and firefighting and the Construction Inspection Minutes on fire prevention and firefighting issued by the Fire Prevention and Fighting Police Department.

b. Report from the project owner and vehicle owner on the situation and results of construction, inspection, testing, and acceptance of fire prevention and firefighting systems, equipment, and structures.

c. Documents and certificates of testing and acceptance of fire prevention and firefighting equipment installed in the project.

d. Test and partial and overall acceptance minutes of fire prevention and firefighting items and systems.

đ. Completion drawings of fire prevention and firefighting systems and related items.

e. Operating and maintenance instructions for fire prevention and firefighting equipment and systems of the project and vehicles.

g. Acceptance documents of other technical items, systems, and equipment related to fire prevention and firefighting.

All documents and files mentioned above must bear the seals and signatures of the project owner, vehicle owner, contractor, and design unit. If expressed in a foreign language, they must be translated into Vietnamese. For completion drawings of fire prevention and firefighting systems and related items, only the basic contents required by the Fire Prevention and Fighting Police Department need to be translated into Vietnamese.

3. Content and procedure for inspection and acceptance:

a. Inspect the content and legality of the acceptance files regarding fire prevention and firefighting prepared by the project owner and vehicle owner.

b. Inspect the actual fire prevention and firefighting conditions of the project according to the approved design.

c. Organize practical tests of the fire prevention and firefighting systems and equipment of the project when deemed necessary.

4. The inspection and test results are recorded in the minutes according to Model PC3 in Appendix 1 of this Circular. Within seven working days from the date the relevant parties approve the minutes, the Fire Prevention and Fighting Police Department is responsible for reviewing, and if the requirements are met, issuing the acceptance certificate regarding fire prevention and firefighting.

5. Classification of inspection and acceptance regarding fire prevention and firefighting:

a. The Fire Prevention and Fighting Police Corps inspects and accepts and issues the acceptance certificate regarding fire prevention and firefighting for construction projects and motor vehicles with special fire safety requirements approved by the Fire Prevention and Fighting Police Corps.

b. The Fire Prevention and Fighting Police Department inspects and accepts and issues the acceptance certificate regarding fire prevention and firefighting for construction projects approved by the Fire Prevention and Fighting Police Department and those authorized by the Fire Prevention and Fighting Police Corps.

VII. CERTIFICATE OF SATISFACTORY CONDITIONS FOR FIRE PREVENTION AND FIREFIGHTING

1. Premises specified in Appendix 2 of Decree No. 35/2003/NĐ-CP and motor vehicles with special fire safety requirements before being put into operation, which meet the fire prevention and firefighting conditions stipulated in Article 9 or Clause 1 of Article 12 of Decree No. 35/2003/NĐ-CP, shall be considered for issuance of the "Certificate of Satisfactory Conditions for Fire Prevention and Firefighting" according to Model PC4 in Appendix 1 of this Circular. During operation, if there is a change in function or nature of use, a new application must be made; if the fire prevention and firefighting conditions are not maintained as at the time of issuance, legal action will be taken.

2. Procedure for Issuing the "Certificate of Satisfactory Conditions for Fire Prevention and Firefighting":

a. Application files for the "Certificate of Satisfactory Conditions for Fire Prevention and Firefighting" include:

- Application form for the "Certificate of Satisfactory Conditions for Fire Prevention and Firefighting" according to Model PC5 in Appendix 1 of this Circular;

- Copy of the "Certificate of Approval for Fire Prevention and Firefighting" and acceptance documents regarding fire prevention and firefighting for newly constructed or renovated premises or motor vehicles with special fire safety requirements when newly built or modified, or copy of the safety inspection minutes regarding fire prevention and firefighting for other premises and motor vehicles;

- Statistics of fire prevention and firefighting equipment and rescue devices installed according to Model PC6 in Appendix 1 of this Circular;

- Decision establishing the fire prevention and firefighting team of the premises accompanied by a list of personnel trained in fire prevention and firefighting;

- Firefighting plan.

b. Within seven working days from the date of receiving complete and valid files, the Fire Prevention and Fighting Police agency shall be responsible for examining and issuing the "Certificate of Compliance with Fire Prevention and Fighting Conditions"; in case the conditions for fire prevention and fighting are not met to issue the certificate, the Fire Prevention and Fighting Police agency must clearly inform the reasons to the requesting agency, organization, or individual.

3. Authority to issue the "Certificate of Compliance with Fire Prevention and Fighting Conditions":

a. The Fire Prevention and Fighting Police Bureau shall issue the "Certificate of Compliance with Fire Prevention and Fighting Conditions" to objects that have been reviewed and accepted by the Fire Prevention and Fighting Police Bureau regarding fire prevention and fighting;

b. The Fire Prevention and Fighting Police Department shall issue the "Certificate of Compliance with Fire Prevention and Fighting Conditions" to other objects specified in Appendix 2 of Decree No. 35/2003/NĐ-CP and objects authorized by the Fire Prevention and Fighting Police Bureau.

VIII. PERMIT FOR TRANSPORTING FIRE AND EXPLOSION DANGEROUS GOODS

1. Motor vehicles transporting fire and explosion dangerous goods as stipulated in Appendix 2 of this Circular must ensure fire prevention and fighting safety conditions as prescribed and must have a transport permit issued by the Fire Prevention and Fighting Police agency.

The "Permit for Transporting Fire and Explosion Dangerous Goods" shall be uniformly issued nationwide according to Model PC7 in Appendix 1 of this Circular and must display the fire and explosion dangerous goods emblem according to Model PC7a in Appendix 1 of this Circular on the windshield of the vehicle. For the issuance of permits for transporting industrial explosives and explosive materials, it shall be carried out in accordance with the provisions of Government Decree No. 47/CP dated August 12, 1996, and related guiding documents.

2. Procedures for Issuing the "Permit for Transporting Fire and Explosion Dangerous Goods":

a. The application file of the vehicle owner requesting the "Permit for Transporting Fire and Explosion Dangerous Goods" includes:

- Application form for the "Permit for Transporting Fire and Explosion Dangerous Goods" according to Model PC8 in Appendix 1 of this Circular;

- A copy of the "Certificate of Compliance with Conditions for Transporting Fire and Explosion Dangerous Goods" for road motor vehicles issued by the inspection agency; inspection report on fire prevention and fighting conditions for waterway and railway motor vehicles;

- A copy of the supply contract or transportation contract for fire and explosion dangerous goods;

- Copies of necessary documents ensuring the vehicle's lawful operation as required by law (the original documents must be submitted for verification when filing the application);

b. Within no more than three working days from the date of receiving complete and valid files as stipulated in point a of this clause, the Fire Prevention and Fighting Police agency shall be responsible for examining and issuing the transport permit; if the conditions for issuing the permit are not met, the Fire Prevention and Fighting Police agency must clearly inform the vehicle owner of the reasons.

c. The validity period of the "Permit for Transporting Fire and Explosion Dangerous Goods" is as follows:

- Valid once for vehicles with single-trip transportation contracts;

- Valid for six months for dedicated vehicles transporting fire and explosion dangerous goods;

3. The Fire Prevention and Fighting Police Department under the provincial police where the vehicle owner has permanent residence or office shall be responsible for examining and issuing the transport permit for the vehicles.

IX. PROCEDURES FOR SAFETY INSPECTION REGARDING FIRE PREVENTION AND FIGHTING

1. Regular Inspection:

a. The person responsible for inspecting safety regarding fire prevention and fighting, when conducting regular inspections, must notify the inspected object in advance of three working days about the time, content, and composition of the inspection team. Depending on the situation and requirements, the inspection can be conducted on specific topics or comprehensively;

b. The inspected object, upon receiving the inspection notification, must prepare all contents as required, arrange responsible persons with authority to work with the inspection team;

c. The head of the superior agency or organization when organizing or directly inspecting fire prevention and fighting at facilities or areas managed by subordinate levels must inform the management level of the facility or area, and if necessary, request the management level of the facility or area to participate in providing relevant documents and information related to fire prevention and fighting activities at the inspected facility or area. The inspection results must be informed to the management level of the facility or area.

2. Spot Inspection:

a. The person responsible for inspecting safety regarding fire prevention and fighting, when conducting spot inspections, must clearly inform the inspected object of the reasons. Specifically, the person responsible for inspecting according to point c of Clause 3, Article 19 of Decree No. 35/2003/NĐ-CP must have an introduction letter from their agency;

b. The inspected object, upon receiving the notification, must comply with the requirements, prepare all contents as required, and arrange responsible persons with authority to work with the inspector.

3. Regular and spot inspections for safety regarding fire prevention and fighting must establish inspection records according to Model PC3 in Appendix 1 of this Circular.

X. SUSPENSION, EXTENSION OF SUSPENSION, AND RESUMPTION OF OPERATIONS FOR FACILITIES, MOTOR VEHICLES, HOUSEHOLDS, AND INDIVIDUALS THAT DO NOT ENSURE SAFETY REGARDING FIRE PREVENTION AND FIGHTING

1. The suspension of operations as prescribed in Clause 1, Article 20 of Decree No. 35/2003/NĐ-CP shall be carried out in the following procedures:

a. Establish a violation record according to Model PC9 in Appendix 1 of this Circular; the violation record concerning fire prevention and fighting safety must have signatures of the violator or representative of the violating agency or organization (if the violator or representative does not sign, the reason must be noted in the record) and the witness (if any). The completed record must be handed over or sent to the violator, related agencies or organizations, and retained by the recorder.

b. Based on the violation record, the authorized person issues a temporary suspension of operation decision according to Model PC10 in Appendix 1 of this Circular; in cases where there is a high risk of fire or explosion that needs to be immediately prevented, the authorized person may issue a temporary suspension verbally and must formalize such decision in writing within no more than three working days, except when the risk of fire or explosion has been immediately addressed;

c. The temporary suspension of operation decision shall be sent to the entity whose operations have been suspended, the superior authority or organization of the decision maker, and the superior authority or organization directly managing the entity whose operations have been suspended (if applicable), and filed in the records.

2. Extension of temporary suspension of operations:

a. Before the expiration of the temporary suspension period, if the direct risk of fire or explosion or serious and extremely serious violations concerning fire prevention and firefighting remain unaddressed due to objective reasons and additional time is needed for their resolution, the entity, organization, or individual whose operations have been temporarily suspended must submit a request for extension of the temporary suspension according to Model PC11 in Appendix 1 of this Circular to the authority that issued the temporary suspension decision for consideration;

b. Within no more than seven working days from receiving the extension request, the authorized person is responsible for reviewing and resolving the request for extension of the temporary suspension of operations. The decision to extend the temporary suspension of operations shall be formalized in writing according to Model PC12 in Appendix 1 of this Circular and sent to the entities as specified in point c, Clause 1, Section above.

3. Restoration of operations:

a. When the entity, organization, household head, owner of motor vehicles, forest owner, or individual whose operations have been temporarily suspended has eliminated the direct risk of fire or explosion or has remedied the violations concerning fire prevention and firefighting, they must submit a request for restoration of operations according to Model PC13 in Appendix 1 of this Circular to the authority that issued the temporary suspension decision for consideration of restoration of operations.

For entities whose operations have been temporarily suspended due to a direct risk of fire or explosion caused by external factors, once it is determined that such risk no longer exists, a notification shall be made to the person who issued the temporary suspension decision for inspection and consideration of restoration of operations. In cases where the temporary suspension was verbal and the direct risk of fire or explosion was immediately addressed and confirmed by the person issuing the temporary suspension, the entity, organization, or individual whose operations were temporarily suspended does not necessarily need to submit a request or notification for restoration of operations;

b. Within no more than seven working days from receiving the request or notification for restoration of operations, the person who issued the temporary suspension of operations must organize an inspection and review the results of the remediation and the conditions ensuring safety regarding fire prevention and firefighting, and prepare an inspection record according to Model PC3 in Appendix 1 of this Circular. If the direct risk of fire or explosion has been eliminated or the violations concerning fire prevention and firefighting have been remedied, a decision to restore operations shall be issued in writing according to Model PC14 in Appendix 1 of this Circular.

In cases where the temporary suspension was verbal and the direct risk of fire or explosion was immediately addressed or eliminated, the decision to restore operations can be made verbally;

c. The decision to restore operations must be sent to the entities specified in point c, Clause 1, Section above.

XI. PROCEDURES FOR SUSPENSION OF OPERATIONS FOR ESTABLISHMENTS, MOTOR VEHICLES, HOUSEHOLDS, AND INDIVIDUALS THAT DO NOT ENSURE SAFETY REGARDING FIRE PREVENTION AND FIREFIGHTING.

In cases where establishments, organizations, household heads, owners of motor vehicles, forest owners, and individuals whose operations have been temporarily suspended under Clause 1, Article 20 of Decree 35/2003/NĐ-CP have exceeded the temporary suspension period (including any extensions), and the risks of fire or explosion or violations concerning fire prevention and firefighting remain unaddressed or cannot be addressed, and there is a significant risk of fire or explosion, the authorized person must organize an inspection and review to decide on the suspension of operations according to the following procedures:

1. Conduct an inspection and prepare an inspection record according to Model PC3 in Appendix 1 of this Circular; the inspection record must bear the signatures of the inspector and the violator or representative of the violating organization (if the violator or representative of the violating organization does not sign, the reason must be clearly stated in the record) and the witness (if any). Once completed, the record must be handed over or sent to the relevant individual, organization, or entity.

2. Based on the inspection record, if it is determined that operations should be suspended, the authorized person issues a suspension of operations decision according to Model PC15 in Appendix 1 of this Circular; the suspension of operations decision shall be sent to the entity whose operations have been suspended, the superior authority or organization of the decision maker, and the superior authority or organization directly managing the entity whose operations have been suspended (if applicable), and filed in the records.

XII. ESTABLISHMENT OF FIRE PREVENTION AND FIREFIGHTING POLICE UNITS

Upon request for establishment of a Fire Prevention and Firefighting Police Unit, the Director of the Provincial Public Security Department or the Public Security Department of a centrally governed municipality prepares a proposal for approval by the Chairman of the People's Committee at the same level, then reports to the Minister of Public Security for consideration and decision.

XIII. LOCATION FOR CONSTRUCTION OF FIRE PREVENTION AND FIREFIGHTING POLICE UNIT CAMPS.

The deployment of Fire Prevention and Firefighting Police Units in cities or areas requiring protection shall be carried out in accordance with Articles 5.16 and 7.16 of Vietnam Construction Standards, Volume I.

XIV. FIRE FIGHTING PLAN

1. The fire fighting plan is developed according to Model PC16 in Appendix 1 of this Circular;

2. The approval period for the fire fighting plan is defined as follows:

a. For fire fighting plans within the approval authority of the Chairman of the People's Committee at the commune level, the head of the agency or organization, the Chief of the Fire Prevention and Firefighting Police Unit, the Director, or the Public Security Department at the provincial level: the approval period shall not exceed ten working days.

b. For fire extinguishing plans within the approval authority of the Minister of Public Security, the Chairman of the Provincial People's Committee, the Director of the General Administration of Police, and the Director of the Fire Prevention and Fighting Police Department: the approval period shall not exceed fifteen working days.

3. Fire extinguishing plan drills:

a. A fire extinguishing plan must be organized for regular drills at least once a year; each drill may address one or more different scenarios, but it must ensure that all scenarios in the plan are successively practiced. When organizing drills, the person authorized to approve the fire extinguishing plan can mobilize forces, means, and participate in the drill of the fire extinguishing plan and determine the scale of the drill;

b. A fire extinguishing plan can be organized for sudden drills when there is a need to ensure safety in fire prevention and fighting for special political, economic, cultural, and social events at the local or national level or according to the requirements of the head of the Fire Prevention and Fighting Police Department.

XV. PROCEDURES FOR MOBILIZING FORCES, MEANS, AND ASSETS FOR FIRE FIGHTING

Mobilizing forces, means, and assets for fire fighting must be carried out in accordance with the authority stipulated in Article 25 of Decree No. 35/2003/NĐ-CP and shall be implemented as follows:

1. Mobilizing forces, means, and assets for fire fighting shall be conducted through Orders in the form PC17 attached as Appendix 1 of this Circular; in cases of emergency for fire fighting, mobilization may be done verbally but must be recorded in writing within three working days thereafter;

2. When mobilizing verbally, the person mobilizing must clearly state their name and position, and simultaneously specify the requirements regarding the number of people, means, and assets to be mobilized, the time, and the location of assembly.

XVI. ORGANIZATION, MANAGEMENT, AND MAINTENANCE OF THE ACTIVITIES OF VOLUNTEER FIRE DEPARTMENTS, FIRE PREVENTION AND FIGHTING UNITS AT THE LOCAL LEVEL, AND SPECIALIZED UNITS

1. Organization and staffing of volunteer fire departments:

a. Volunteer fire departments are staffed from ten to thirty people or more if necessary, including one department head and deputy heads. Volunteer fire departments may be divided into several groups based on residential clusters or areas; the staffing of a group is from five to ten people or more if necessary, including one group leader and deputy leaders;

b. Members of the volunteer fire department are those who are regularly present at their place of residence;

c. The Chairman of the Commune People's Committee issues decisions appointing the department head and deputy heads of the volunteer fire department, group leaders, and deputy group leaders;

d. The commune police have the direct responsibility to guide the activities of the volunteer fire departments.

2. Organization and staffing of fire prevention and firefighting units at the local level:

a. The staffing of fire prevention and firefighting units at the local level is regulated as follows:

- For facilities and motor vehicles with fewer than ten people working regularly, all employees at such facilities are members of the fire prevention and firefighting unit at the local level, with the facility or vehicle leaders serving as the unit head and deputy heads;

- For facilities and motor vehicles with ten to fifty people working regularly, the minimum staffing of the fire prevention and firefighting unit at the local level is ten people, including one unit head and deputy heads;

- For facilities and motor vehicles with fifty to one hundred people working regularly, the minimum staffing of the fire prevention and firefighting unit at the local level is fifteen people, including one unit head and deputy heads;

- For facilities and motor vehicles with over one hundred people working regularly, the minimum staffing of the fire prevention and firefighting unit at the local level is twenty-five people, including one unit head and deputy heads;

- For facilities and motor vehicles with multiple workshops or independent sections working in shifts, each section or workshop and each shift has one fire prevention and firefighting unit at the local level; the minimum staffing of the fire prevention and firefighting unit at the local level is from five to seven people, including one unit leader and deputy leaders.

b. Members of the fire prevention and firefighting unit at the local level are those who work regularly at the facility or on the motor vehicle;

c. The head of the organization or entity directly managing the facility or motor vehicle issues decisions appointing the unit head and deputy heads of the fire prevention and firefighting unit at the local level, and the unit leader and deputy leaders.

3. Organization and staffing of fire prevention and firefighting units at the local level operating under a dedicated system:

a. The staffing of fire prevention and firefighting units at the local level operating under a dedicated system must ensure sufficient personnel arranged appropriately with firefighting equipment, working in shifts to ensure continuous readiness 24/24 hours a day. The Unit Leadership includes one unit head and deputy heads;

b. The head of the management board of the economic special zone, industrial park, export processing zone, or high-tech park issues decisions establishing and appointing the unit head and deputy heads of fire prevention and firefighting units at the local level operating under a dedicated system.

4. Organization and staffing of specialized fire prevention and firefighting units at the local level have specific regulations.

5. The person issuing decisions to establish volunteer fire departments, fire prevention and firefighting units at the local level, and specialized units is responsible for maintaining their operations, conducting annual classification, and developing training and enhancement plans to improve the quality of their activities.

The General Administration of Police shall provide detailed guidance on the classification of volunteer fire departments and fire prevention and firefighting units at the local level and specialized units.

XVII. TRAINING AND ENHANCEMENT OF FIRE PREVENTION AND FIRE FIGHTING SKILLS

1. The subjects of training and enhancement of fire prevention and firefighting skills include:

a. Persons holding fire command positions as specified in Clause 2 of Article 37 of the Law on Fire Prevention and Fighting;

b. Members of volunteer fire departments, fire prevention and firefighting units at the local level, and specialized units;

c. Persons working in environments with fire and explosion hazards or frequently coming into contact with hazardous materials related to fire and explosion.

d. The commander of seagoing vessels, railway trains, aircraft, operators of motor vehicles with responsibility allowances, operators of motor vehicles, and workers and service personnel on motor vehicles with thirty or more seats, and on specialized motor vehicles for transporting flammable and explosive materials.

đ. Persons working in production and business establishments of fire prevention and firefighting equipment.

e. Other subjects requiring fire prevention and firefighting training.

2. The Chairpersons of People's Committees at all levels, heads of agencies, organizations, and facilities responsible for organizing training and enhancing fire prevention and firefighting skills for the subjects specified in Clause 1 of this Article. The head of the facility training operators of motor vehicles with four or more seats shall be responsible for incorporating fire prevention and firefighting knowledge into the training curriculum.

3. Duration of fire prevention and firefighting training and enhancement:

a. The initial duration of fire prevention and firefighting training is as follows:

- From thirty-two to forty-eight hours for the subjects specified in Points a, b, c, and d of Clause 1 of this Article;

- From sixteen to thirty-two hours for the subjects specified in Points đ and e of Clause 1 of this Article;

b. The annual supplementary enhancement time for fire prevention and firefighting skills for the subjects specified in Clause 1 of this Article must be at least sixteen hours.

4. Issuing "Fire Prevention and Firefighting Training Certificate":

a. The subjects specified in Clause 1 of this Article, upon completing the fire prevention and firefighting training program and achieving satisfactory results in the examination, shall be issued a "Fire Prevention and Firefighting Training Certificate" according to Form PC18 in Appendix 1 of this Circular;

b. The Fire Prevention and Firefighting Training Certificate shall be issued by the Director of the Fire Prevention and Firefighting Police Department or the Head of the Fire Prevention and Firefighting Police Division of the Provincial Public Security Department. The blank "Fire Prevention and Firefighting Training Certificate" shall be printed and distributed by the Fire Prevention and Firefighting Police Department.

5. Assign the Fire Prevention and Firefighting Police Department to compile training materials and textbooks suitable for each subject specified in Clause 1 of this Article.

XVIII. MOBILIZATION OF CIVIL DEFENSE FORCES, FIRE PREVENTION AND FIREFIGHTING FORCES AT THE LOCAL LEVEL AND IN SPECIALIZED SECTORS TO PARTICIPATE IN FIRE PREVENTION AND FIREFIGHTING ACTIVITIES

1. Civil defense teams, local fire prevention and firefighting teams, and specialized fire prevention and firefighting teams shall participate in fire prevention and firefighting activities such as propaganda, rallies, parades, sports events, fire drills, protection related to fires and explosions, mitigating fire and explosion risks, dealing with fire aftermaths, and other fire prevention and firefighting activities as required by authorized persons.

2. Mobilizing civil defense forces, local fire prevention and firefighting forces, and specialized fire prevention and firefighting forces to participate in fire prevention and firefighting activities must be done through a written decision according to Form PC19 in Appendix 1 of this Circular; in urgent cases, mobilization can be done verbally, but a written decision must be issued within three working days. When mobilizing verbally, the mobilizer must clearly state their name, position, workplace, address, contact number, and specify the number of people and equipment needed, the time and location of presence, and the activity content.

3. The mobilization decision must be sent to the subject obligated to comply and filed in the record.

XIX. CONDITIONS FOR PRODUCTION AND BUSINESS OPERATIONS OF FIRE PREVENTION AND FIREFIGHTING EQUIPMENT AND DESIGN

1. Organizations and individuals engaged in the production and business operations of fire prevention and firefighting equipment must meet the following material and technical conditions:

a. Having workshops and technological equipment that meet the requirements for production and product quality inspection for production facilities;

b. In each production field, there must be staff and workers with appropriate technical qualifications;

c. Direct production and business staff must have a fire prevention and firefighting training certificate.

2. Agencies, organizations, and individuals engaged in fire prevention and firefighting design must meet the following design capabilities:

a. The design leader, Director, or Deputy Director must have sufficient construction design capability as prescribed or hold a university degree in fire prevention and firefighting or higher;

b. Direct design team members must have a bachelor’s degree or higher in a relevant field corresponding to their design responsibilities.

XX. INSPECTION OF FIRE PREVENTION AND FIREFIGHTING EQUIPMENT

1. Inspection contents:

a. Inspect the type and model of fire prevention and firefighting equipment;

b. Inspect technical parameters related to the quality of fire prevention and firefighting equipment.

2. Inspection methods:

a. Check the origin, production date, serial number, and technical parameters of fire prevention and firefighting equipment;

b. Check the type and model;

c. Conduct sampling tests and experiments; for each batch of the same type and model, inspect no more than five percent of the total quantity of equipment to be inspected, but not less than ten samples; if the quantity of equipment to be inspected is less than ten, inspect all of them;

d. Evaluate the results and prepare an inspection report according to Form PC20 in Appendix 1 of this Circular;

đ. Issue a "Inspection Certificate" according to Form PC21 in Appendix 1 or affix an inspection label or stamp according to Form PC22 in Appendix 1 of this Circular.

3. Procedures for inspecting fire prevention and firefighting equipment:

a. The inspection application dossier includes:

- An inspection application form from the owner of the fire prevention and firefighting equipment according to Form PC23 in Appendix 1 of this Circular;

- Technical documents of the fire prevention and firefighting equipment;

- Quality certification of the fire prevention and firefighting equipment by the competent authority (if available);

- Factory release certificate of the fire prevention and firefighting equipment. If the inspection application dossier is in a foreign language, it must be accompanied by a Vietnamese translation, and the organization, agency, or individual applying for inspection must be responsible for the accuracy of the translation.

b. The vehicle owner shall prepare two sets of documents and provide a sample of the vehicle for inspection upon request of the Fire Prevention and Fighting Police agency.

XXI. IMPLEMENTATION

1. The General Bureau of Public Security shall be responsible for directing, guiding, inspecting, and urging the implementation of Decree No. 35/2003/NĐ-CP and this Circular.

Heads of Departments, Directors of Bureaus under the Ministry, Provincial Police Chiefs, and Chief of Municipalities directly under the Central Government shall cooperate with the General Bureau of Public Security to implement this Circular within their respective functions and duties.

2. It is requested that heads of Ministries, agencies at the level of ministries, government-affiliated agencies, People's Committees of provinces, and municipalities directly under the Central Government coordinate with the Ministry of Public Security in managing and supervising the activities of organizations, household units, and individuals under their jurisdiction.

3. This Circular takes effect fifteen days after its publication in the Official Gazette.

Any difficulties encountered during implementation should be reported to the Ministry of Public Security (through the General Bureau of Public Security) for timely guidance and direction.