Circular No. 06/2022/TT-BCA on the procedures for performing fire prevention, firefighting, rescue tasks in the People's Public Security Forces

CIRCULAR
Article 1. Specifies the procedures for performing fire prevention and firefighting tasks.
Pursuant to Decree No. 50/2024/NĐ-CP dated May 10, 2024 of the Government amending and supplementing certain articles of Decree No. 136/2020/NĐ-CP dated November 24, 2020 of the Government detailing certain provisions and implementing measures of the Law on Fire Prevention and Fighting and the Law Amending and Supplementing Certain Provisions of the Law on Fire Prevention and Fighting, and Decree No. 83/2017/NĐ-CP dated July 18, 2017 of the Government on rescue operations of fire prevention and firefighting forces;

Pursuant to the Law on Fire Prevention and Fighting dated June 29, 2001; the Law Amending and Supplementing Certain Provisions of the Law on Fire Prevention and Fighting dated November 22, 2013;

Pursuant to the Law on Handling Administrative Violations dated June 20, 2012; and the Law Amending and Supplementing Certain Provisions of the Law on Handling Administrative Violations dated November 13, 2020;

Pursuant to Decree No. 166/2013/NĐ-CP dated November 12, 2013 of the Government stipulating enforcement measures to execute administrative penalty decisions;

Grounds: Decree No. 83/2017/NĐ-CP dated July 18, 2017, of the Government on rescue operations of the firefighting and rescue force;

Grounds: Decree No. 61/2018/NĐ-CP dated April 23, 2018, of the Government on implementing a single window mechanism in administrative procedures.

Pursuant to Decree No. 65/2018/NĐ-CP dated May 12, 2018 of the Government detailing certain provisions of the Law on Railways;

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Pursuant to Decree No. 42/2020/NĐ-CP dated April 8, 2020 of the Government stipulating the List of Hazardous Goods and Transporting Hazardous Goods by Road Motor Vehicles and Inland Waterways;

Pursuant to Decree No. 136/2020/NĐ-CP dated November 24, 2020 of the Government detailing certain provisions and implementing measures of the Law on Fire Prevention and Fighting and the Law Amending and Supplementing Certain Provisions of the Law on Fire Prevention and Fighting;

Pursuant to Decree No. 118/2021/NĐ-CP dated December 23, 2021, issued by the Government, detailing certain provisions and measures to implement the Law on Handling Administrative Violations;

Pursuant to the proposal of the Director of the Fire Prevention, Firefighting, and Rescue Police Department;

The Minister of Public Security issues this Circular specifies the procedures for performing fire prevention and firefighting, rescue, and emergency response tasks by officers and non-commissioned officers of the Public Security Force (collectively referred to as cadres and soldiers).

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the procedures for performing fire prevention and firefighting, rescue, and emergency response tasks by officers and non-commissioned officers of the Public Security Force, including: reviewing design plans, inspecting acceptance results for fire prevention and firefighting; testing and issuing Firefighting Equipment Certification; issuing, reissuing, and replacing Firefighting and Rescue Professional Training Certificates, Fire Protection Consulting Certificates, and Business Operation Conditions Confirmation Letters for Fire Protection Services; issuing Permits for transporting hazardous goods related to fire and explosion by road motor vehicles, inland waterways, and railways; approving and reapproving fire extinguishing plans of facilities; restoring operations of facilities, road motor vehicles, households, and individuals; imposing administrative penalties in the field of fire prevention and firefighting, rescue, and emergency response; enforcing administrative penalty decisions in the field of fire prevention and firefighting, rescue, and emergency response.

Article 2. Implementation Principles

1. Compliance with the Law on Fire Prevention and Fighting, the Law Amending and Supplementing Certain Provisions of the Law on Fire Prevention and Fighting, detailed implementation regulations, this Circular, and other relevant laws.

2. Ensuring consistency in organization, direction, and management of fire prevention and firefighting, rescue, and emergency response tasks.

3. Assigning specific responsibilities, ensuring quality and progress in completing assigned tasks.

Article 3. Time for Handing Over and Receiving Documents

The time for handing over and receiving documents for processing within the Public Security Force as stipulated in this Circular shall be carried out between the document reception unit and the unit or department responsible for handling the documents, specifically:

1. The handover and receipt of documents must be conducted during working hours as prescribed. In cases where documents are submitted at the end of working hours, the handover and receipt must be conducted at the beginning of the next working day.

2. The Director of the Fire Prevention and Fighting and Rescue Police Department, the Provincial Public Security Chief, or the Chief of the centrally governed city's Public Security (hereinafter referred to as the Provincial Public Security Chief) shall decide on the specific time frame for handing over and receiving documents of directly managed units according to their organizational structure.

Article 4. Appendices and forms used in the process of implementing fire prevention, firefighting, rescue tasks in the People's Public Security

The appendices and forms used in the process of implementing fire prevention, firefighting, rescue tasks in the People's Public Security are issued together with this Circular:

1. Appendix listing the components of the dossier for signing on fire prevention, firefighting, rescue tasks in the People's Public Security.

2. Form to monitor the process of handling dossiers on fire prevention, firefighting, rescue tasks in the People's Public Security.

Chapter II

SPECIFIC PROVISIONS

Article 5. Design review for fire prevention and firefighting

1. Regarding the dossier and the acceptance, processing of design review dossiers for fire prevention and firefighting shall be implemented in accordance with the provisions of Clauses 4, 6, 7, 8, and Clause 9, Article 13 of Decree No. 136/2020/ND-CP dated November 24, 2020 of the Government detailing some articles and measures to implement the Law on Fire Prevention and Fighting and the Law Amending and Supplementing Some Provisions of the Law on Fire Prevention and Fighting (hereinafter referred to as Decree No. 136/2020/ND-CP).

2. After accepting the dossier in accordance with the regulations, the dossier reception officer shall establish and fully record information in the Form to Monitor the Process of Handling Dossiers on Fire Prevention, Firefighting, Rescue Tasks in the People's Public Security (hereinafter referred to as the Form to Monitor the Process of Handling Dossiers) issued together with this Circular, report to the directly managing authority for approval, and hand over the dossier to the unit or department assigned to handle it.

3. Leaders and commanders of units or departments assigned to perform the design review work for fire prevention and firefighting shall assign officers to carry out using the Form to Monitor the Process of Handling Dossiers issued together with this Circular.

4. Officers assigned to handle the dossier shall be responsible for studying and comparing the accepted dossier in accordance with Clause 4, Article 13 of Decree No. 136/2020/ND-CP with legal regulations, technical standards and norms on fire prevention and firefighting, and shall undertake the following steps:

a) Drafting comments and review contents on fire prevention and firefighting;

In cases where opinions from experts or organizations regarding fire prevention and firefighting are needed for technical design proposal dossiers or construction drawing dossiers containing new or complex technological systems: Report to the direct leadership for proposing the directly managing authority to consider and decide;

b) In cases where proposals for handling the dossier are made: Drafting approval documents for construction site locations or comments on fire prevention and firefighting solutions or Certificates of Design Review for Fire Prevention and Fighting according to Model PC07 in Appendix IX issued together with Decree No. 136/2020/ND-CP or Design Review Documents for Fire Prevention and Fighting according to Model PC09 in Appendix IX issued together with Decree No. 136/2020/ND-CP, notification documents for payment of design review fees (if applicable), reporting and proposing to the direct leadership for approval and signature. The dossier components for signing are stipulated at Points a, b, c, d, đ, and Point g of Item 1 of the Appendix Listing Components of the Dossier for Signing on Fire Prevention, Firefighting, Rescue Tasks in the People's Public Security (hereinafter referred to as the Appendix Listing Components of the Dossier for Signing) issued together with this Circular;

c) In cases where proposals to reject handling the dossier are made: Drafting reply documents clearly stating reasons, reporting to the direct leadership for approval and signature. The dossier components for signing are stipulated at Points a, b, c, e, and Point g of Item 1 of the Appendix Listing Components of the Dossier for Signing issued together with this Circular;

d) After the Certificate of Design Review for Fire Prevention and Fighting or the Design Review Document for Fire Prevention and Fighting has been approved and signed: Implement stamping of the Design Review for Fire Prevention and Fighting according to Model PC08 stipulated at Point d, Clause 11, Article 13 of Decree No. 136/2020/ND-CP ensuring the principle:

Stamping the Design Review for Fire Prevention and Fighting only on the explanatory documents and drawings reflecting the reviewed contents according to the symbols determined in the Certificate of Design Review for Fire Prevention and Fighting or the Design Review Document for Fire Prevention and Fighting;

Fully recording information on the stamp of the Design Review for Fire Prevention and Fighting on the drawings, including the number and date of issuance of the Certificate of Design Review for Fire Prevention and Fighting or the Design Review Document for Fire Prevention and Fighting;

đ) Handing over the Certificate of Design Review for Fire Prevention and Fighting or the Design Review Document for Fire Prevention and Fighting along with the dossier stamped "Design Review for Fire Prevention and Fighting" and the notification document for payment of design review fees (if applicable) or the reply document along with the previously submitted dossier and the Form to Monitor the Process of Handling Dossiers to the results delivery department.

5. Establishing and storing design review dossiers for fire prevention and firefighting in accordance with the regulations on business dossiers of the People's Public Security.

For electronic files (files) of scanned copies or copies of dossiers stamped "Design Review for Fire Prevention and Fighting" submitted by the investor, the unit or department assigned to perform the design review work for fire prevention and firefighting shall be responsible for storing them for exploitation during the inspection of fire prevention and firefighting acceptance results.

Article 6. Inspection of Fire Prevention and Control Acceptance Results

1. Regarding the dossier and the acceptance, processing of the dossier requesting inspection of Fire Prevention and Control Acceptance Results shall be carried out in accordance with the provisions of Clauses 2, 4, 5, 6, and Clause 7, Article 15 of Decree No. 136/2020/NĐ-CP.

In cases where the dossier requesting inspection of Fire Prevention and Control Acceptance Results does not fall within the jurisdiction for resolution, the staff receiving the dossier shall record information on the Refusal to Accept and Process Dossier Form according to Model No. 03 attached to Circular No. 01/2018/TT-VPCP dated November 23, 2018, issued by the Government Office guiding the implementation of certain provisions of Government Decree No. 61/2018/NĐ-CP dated April 23, 2018, on the single-window mechanism in administrative procedures (hereinafter referred to as Circular No. 01/2018/TT-VPCP), and return the dossier to the agency, organization, or individual.

2. After accepting the dossier in accordance with the regulations, the staff receiving the dossier shall establish and fully record information on the Process Control Sheet for the dossier issued together with this Circular, report to the competent authority directly managing for approval, and transfer the dossier to the unit or department assigned to resolve it.

3. The leaders and commanders of units or departments assigned to perform fire prevention and control design review work shall assign staff to carry out tasks using the Process Control Sheet for the dossier issued together with this Circular.

4. Officers and soldiers assigned to process the dossier shall perform the following steps:

a) Propose the content, time, composition of the inspection team, draft plan for inspecting the Fire Prevention and Control Acceptance Results, draft notification letter to the project owner, vehicle owner, and related units, report to the leadership for direct approval, signature, and sending to the project owner, vehicle owner, and relevant agencies or units;

b) When conducting inspections of Fire Prevention and Control Acceptance Results, the staff shall perform the following tasks:

Introduce the composition of the inspection team, announce the content and plan of the inspection related to the acceptance work of fire prevention and control of construction projects and special-purpose motor vehicles requiring fire prevention and control;

Conduct inspections of Fire Prevention and Control Acceptance Results in accordance with the content stipulated in Clause 3, Article 15 of Decree No. 136/2020/NĐ-CP and pass the inspection content according to Model No. PC10 in Appendix IX issued together with Decree No. 136/2020/NĐ-CP.

c) Based on the inspection record of the Fire Prevention and Control Acceptance Results:

In case of proposing to resolve the dossier: Draft the approval document for the Fire Prevention and Control Acceptance Results according to Model No. PC12 in Appendix IX issued together with Decree No. 136/2020/NĐ-CP, report to the leadership for direct approval, signature. The dossier components for signing are specified at points a, b, c, d, and point e of Item 2 of the Appendix list of dossier components for signing issued together with this Circular;

In case of proposing to refuse to resolve the dossier: Draft the reply document, clearly stating the reasons, report to the leadership for direct approval, signature. The dossier components for signing are specified at points a, b, c, đ, and point e of Item 2 of the Appendix list of dossier components for signing issued together with this Circular;

d) After the approval document for the Fire Prevention and Control Acceptance Results or the reply document has been approved and signed: Carry out numbering and stamping of the document in accordance with the regulations;

đ) Transfer the acceptance dossier and the approval document for the Fire Prevention and Control Acceptance Results or the reply document and the Process Control Sheet for the dossier to the results delivery department.

5. Establish and store the Fire Prevention and Control Acceptance dossier in accordance with the regulations on the dossier of the People's Public Security business.

Article 7. Inspection and issuance of Fire Prevention and Fighting Equipment Inspection Certificate

1. The dossier and procedures for receiving and processing applications for inspection and issuance of Fire Prevention and Fighting Equipment Inspection Certificates shall be carried out in accordance with the provisions of Clauses 5, 6, 7, 8, and Clause 9 of Article 38 of Decree No. 136/2020/NĐ-CP.

In cases where the application for inspection and issuance of Fire Prevention and Fighting Equipment Inspection Certificates does not fall within the jurisdiction to handle, the staff receiving the dossier shall record information on the Refusal Notice Form No. 03 attached to Circular No. 01/2018/TT-VPCP and return the dossier to the agency, organization, or individual.

2. After accepting the dossier in accordance with the regulations, the staff receiving the dossier shall establish and fully record information on the Process Control Sheet for the dossier issued together with this Circular, report to the competent authority directly managing for approval, and transfer the dossier to the unit or department assigned to resolve it.

3. Leaders and commanders assigned to carry out the work of inspection and issuance of Fire Prevention and Fighting Equipment Inspection Certificates shall assign staff to perform tasks using the Process Control Sheet issued along with this Circular.

4. Officers and soldiers assigned to process the dossier shall perform the following steps:

a) For applications for issuance of Fire Prevention and Fighting Equipment Inspection Certificates:

Check the components of the dossier, the legality, and the compliance of the documents in the dossier with the provisions of Points c and d of Clause 5 of Article 38 of Decree No. 136/2020/NĐ-CP;

Examine and compare the contents of the inspection report of Fire Prevention and Fighting Equipment, test results, and other documents in the dossier with technical standards or fire safety requirements;

Based on the examination and comparison of the dossier:

In case of proposing to resolve the dossier: Draft the Fire Prevention and Fighting Equipment Inspection Certificate according to Model No. PC29 in Appendix IX issued along with Decree No. 136/2020/NĐ-CP, the notification document for inspection stamp printing fees (if applicable), report to the direct leadership and command for approval and signature by the person directly managing the authority. The dossier components for signing are stipulated at Points a, b, c, đ, and l of Item 3 of the Appendix of the list of dossier components for signing issued together with this Circular;

In case of proposing to refuse to resolve the dossier: Draft the reply document regarding the resolution of the application for issuance of Fire Prevention and Fighting Equipment Inspection Certificates, report to the direct leadership and command for approval and signature by the person directly managing the authority. The dossier components for signing are stipulated at Points a, b, d, and l of Item 3 of the Appendix of the list of dossier components for signing issued together with this Circular;

b) For applications for inspection and issuance of Fire Prevention and Fighting Equipment Inspection Certificates:

Organize sampling for inspection of Fire Prevention and Fighting Equipment and record information on Form No. PC28 in Appendix IX issued along with Decree No. 136/2020/NĐ-CP;

Draft the notification document for inspection fees of Fire Prevention and Fighting Equipment, the testing plan for Fire Prevention and Fighting Equipment, report to the direct leadership and command for approval and signature by the person directly managing the authority;

Conduct testing of Fire Prevention and Fighting Equipment:

In case the testing results meet the requirements: Draft and record information on Form No. PC25 in Appendix IX issued along with Decree No. 136/2020/NĐ-CP and follow the provisions at Point a of this clause. The dossier components for signing are stipulated at Points a, b, c, đ, g, h, i, k, and l of Item 3 of the Appendix of the list of dossier components for signing issued together with this Circular;

In case the testing results do not meet the requirements: Draft the reply document regarding the resolution of the application for inspection and issuance of Fire Prevention and Fighting Equipment Inspection Certificates, report to the direct leadership and command for approval and signature by the person directly managing the authority. The dossier components for signing are stipulated at Points a, b, d, g, h, i, k, and l of Item 3 of the Appendix of the list of dossier components for signing issued together with this Circular;

c) After the Fire Prevention and Fighting Equipment Inspection Certificate or reply document has been approved and signed: Carry out numbering and stamping of the document according to regulations;

In case of issuing a Fire Prevention and Fighting Equipment Inspection Certificate accompanied by an inspection stamp: Register the inspection stamp number and fully record it on the Fire Prevention and Fighting Equipment Inspection Certificate; draft the notification document informing the agency, organization applying for inspection and issuance of Fire Prevention and Fighting Equipment Inspection Certificates about the time to organize the affixing of the inspection stamp on Fire Prevention and Fighting Equipment;

d) Hand over the Fire Prevention and Fighting Equipment Inspection Certificate or reply document regarding the resolution of the application for inspection and issuance of Fire Prevention and Fighting Equipment Inspection Certificates and the Process Control Sheet to the result delivery department;

Coordinate with the agency, organization applying for inspection of Fire Prevention and Fighting Equipment and related functional units to organize the affixing of the inspection stamp on Fire Prevention and Fighting Equipment according to regulations.

5. Establish and store the dossier for issuance of Fire Prevention and Fighting Equipment Inspection Certificates and the dossier for inspection and issuance of Fire Prevention and Fighting Equipment Inspection Certificates in accordance with the regulations on police business dossiers.

Article 8. Issuance, reissuance, and replacement of Fire Prevention, Firefighting, Rescue Training Certification

1. The dossier and the acceptance, processing of issuance, reissuance, and replacement of Fire Prevention, Firefighting, Rescue Training Certification shall be carried out in accordance with the provisions stipulated in Clauses 5, 6, 7, 8, 9, 10, and Clause 11, Article 33 of Decree No. 136/2020/ND-CP, and Clauses 5 and 6, Article 11 of Decree No. 83/2017/ND-CP dated July 18, 2017 of the Government on rescue operations of fire prevention and firefighting forces (hereinafter referred to as Decree No. 83/2017/ND-CP).

2. After accepting the dossier in accordance with the regulations, the staff receiving the dossier shall establish and fully record information on the Process Control Sheet for the dossier issued together with this Circular, report to the competent authority directly managing for approval, and transfer the dossier to the unit or department assigned to resolve it.

3. Leaders and commanders assigned to carry out the work of issuing, reissuing, and replacing Fire Prevention, Firefighting, Rescue Training Certification shall assign officers to perform tasks through the Process Control Form for dossier resolution issued together with this Circular.

4. Officers and soldiers assigned to process the dossier shall perform the following steps:

a) In cases where agencies, organizations, facilities, or individuals request the police agency to organize training, examination, and issue new Fire Prevention, Firefighting Training Certification: Coordinate with the agency, organization, or facility to develop a plan for organizing training, clearly stating the time, location, instructors, trainees, training content, field conditions, and equipment that meet theoretical and practical requirements, and submit it for approval by the leadership of the directly managing unit; organize training at the agreed location according to the approved program and plan; organize examinations and evaluate results after completing the training.

In cases where training facilities or organizations propose to organize training and request the police agency to examine and issue Fire Prevention, Firefighting Training Certification: Agree with the proposing entity on the time, location, and examination procedures; evaluate the results.

b) For the issuance of new Rescue Training Certification: Coordinate with agencies, organizations, or facilities to develop a plan for organizing training, clearly stating the time, location, instructors, trainees, training content, field conditions, and equipment that meet theoretical and practical requirements, and submit it for approval by the leadership of the directly managing unit; organize training at the agreed location according to the approved program and plan; organize examinations and evaluate results after completing the training.

c) In cases where agencies, organizations, or individuals request the police agency to organize training, examination, and issue new Fire Prevention, Firefighting, Rescue Training Certification: Coordinate with the agency, organization, or facility to develop a plan for organizing training, clearly stating the time, location, instructors, trainees, training content, field conditions, and equipment that meet theoretical and practical requirements, and submit it for approval by the leadership of the directly managing unit; organize training at the agreed location according to the approved program and plan; organize examinations and evaluate results after completing the training.

In cases where facilities organize their own training on fire prevention and firefighting, they shall comply with the provisions set forth in points a and b of this clause.

d) For the reissuance and replacement of Fire Prevention, Firefighting, Rescue Training Certification: Compare the information of the person requesting the reissue or replacement in the application form with the previously issued certification dossier.

đ) Based on the examination and evaluation results, compare the dossier:

In cases where a proposal is made to resolve the dossier: Draft the issuance document and Fire Prevention, Firefighting, Rescue Training Certification in accordance with Model No. 02 Appendix issued together with Decree No. 83/2017/ND-CP for individuals, report to the direct leadership and commander for approval and signature by the directly managing authority. The dossier components for signing are specified in points a, b, c, d, đ, and h of Item 4 of the Appendix list of dossier components for signing issued together with this Circular.

In cases where a proposal is made to reject the dossier resolution: Draft the reply document, clearly stating the reasons, report to the direct leadership and commander for approval and signature by the directly managing authority. The dossier components for signing are specified in points a, b, c, e, g, and h of Item 4 of the list of dossier components for signing issued together with this Circular.

e) After the Fire Prevention, Firefighting, Rescue Training Certification and the issuance document of Fire Prevention, Firefighting, Rescue Training Certification, or the reply document have been approved and signed: Carry out numbering and stamping according to regulations.

g) Hand over the Fire Prevention, Firefighting, Rescue Training Certification and the issuance document of Fire Prevention, Firefighting, Rescue Training Certification, or the reply document and the Process Control Form for dossier resolution to the result delivery department.

5. Establish and store the dossier of issuance, reissuance, and replacement of Fire Prevention, Firefighting, Rescue Training Certification in accordance with the regulations on professional dossiers of the People's Public Security.

Article 9. Issuance, renewal, reissuance of Fire Prevention and Fighting Consulting Practice Certificate

1. The dossier and the acceptance, processing of the issuance, renewal, reissuance of Fire Prevention and Fighting Consulting Practice Certificate shall be carried out in accordance with the provisions of Clauses 1, 2, 3, 4, 5, 6, 7, 8 and Clause 9 of Article 44 of Decree No. 136/2020/ND-CP.

In cases where the dossier for requesting the issuance, renewal, reissuance of Fire Prevention and Fighting Consulting Practice Certificate does not fall within the jurisdiction to resolve, the staff receiving the dossier shall record information on the Refusal Notice Form according to Model No. 03 Appendix issued together with Circular No. 01/2018/TT-VPCP and return the dossier to the agency, organization, or individual.

2. After accepting the dossier in accordance with the regulations, the staff receiving the dossier shall establish and fully record information on the Process Control Sheet for the dossier issued together with this Circular, report to the competent authority directly managing for approval, and transfer the dossier to the unit or department assigned to resolve it.

3. Leaders and commanders assigned to carry out the work of issuing, renewing, reissuing Fire Prevention and Fighting Consulting Practice Certificate shall assign staff to perform tasks through the Process Control Sheet issued along with this Circular.

4. Staff assigned to process the dossier shall be responsible for studying and comparing the received dossier with the contents stipulated in Clause 3 of Article 43 of Decree No. 136/2020/ND-CP and implement the following steps:

a) In case of proposing to resolve the dossier: Draft the Fire Prevention and Fighting Consulting Practice Certificate according to Model No. PC32 Appendix IX issued together with Decree No. 136/2020/ND-CP, report to the direct leadership and command for approval and signature by the person directly managing the authority. The components of the dossier for signing are specified in Points a, b, c, d, and Point e Item 5 of the Appendix list of dossier components for signing issued together with this Circular;

b) In case of proposing to refuse to resolve the dossier: Draft the reply document, clearly stating the reasons, report to the direct leadership and command for approval and signature by the person directly managing the authority. The components of the dossier for signing are specified in Points a, b, c, d, and Point e Item 6 of the Appendix list of dossier components for signing issued together with this Circular;

c) After the Fire Prevention and Fighting Consulting Practice Certificate or reply document has been approved and signed: Carry out numbering and stamping according to regulations;

d) Hand over the Fire Prevention and Fighting Consulting Practice Certificate or reply document and the Process Control Sheet to the result delivery department.

5. Establish and store the dossier for issuing, renewing, reissuing Fire Prevention and Fighting Consulting Practice Certificate in accordance with the regulations on the dossier of public security business.

Article 10. Issuance, renewal, reissuance of Certificate of Sufficient Conditions for Business in Fire Prevention and Fighting Services

1. The dossier and the acceptance, processing of the issuance, renewal, reissuance of Certificate of Sufficient Conditions for Business in Fire Prevention and Fighting Services shall be carried out in accordance with the provisions of Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9 and Clause 10 of Article 45 of Decree No. 136/2020/ND-CP.

In cases where the dossier for requesting the issuance, renewal, reissuance of Certificate of Sufficient Conditions for Business in Fire Prevention and Fighting Services does not fall within the jurisdiction to resolve, the staff receiving the dossier shall record information on the Refusal Notice Form according to Model No. 03 Appendix issued together with Circular No. 01/2018/TT-VPCP and return the dossier to the agency, organization, or individual.

2. After accepting the dossier in accordance with the regulations, the staff receiving the dossier shall establish and fully record information on the Process Control Sheet for the dossier issued together with this Circular, report to the competent authority directly managing for approval, and transfer the dossier to the unit or department assigned to resolve it.

3. Leaders and commanders assigned to carry out the work of issuing, renewing, reissuing Certificate of Sufficient Conditions for Business in Fire Prevention and Fighting Services shall assign staff to perform tasks through the Process Control Sheet issued along with this Circular.

4. Staff assigned to process the dossier shall be responsible for studying and comparing the received dossier with the contents stipulated in Article 41 of Decree No. 136/2020/ND-CP and implement the following steps:

a) In case of proposing to resolve the dossier: Draft the Certificate of Sufficient Conditions for Business in Fire Prevention and Fighting Services according to Model No. PC34 Appendix IX issued together with Decree No. 136/2020/ND-CP, report to the direct leadership and command for approval and signature by the person directly managing the authority. The components of the dossier for signing are specified in Points a, b, c, d, and Point e Item 6 of the Appendix list of dossier components for signing issued together with this Circular;

b) In case of proposing to refuse to resolve the dossier: Draft the reply document, clearly stating the reasons, report to the direct leadership and command for approval and signature by the person directly managing the authority. The components of the dossier for signing are specified in Points a, b, c, d, and Point e Item 6 of the Appendix list of dossier components for signing issued together with this Circular;

c) After the Certificate of Sufficient Conditions for Business in Fire Prevention and Fighting Services or reply document has been approved and signed: Carry out numbering and stamping according to regulations;

d) Hand over the Certificate of Sufficient Conditions for Business in Fire Prevention and Fighting Services or reply document and the Process Control Sheet to the result delivery department.

5. Establish and store the dossier for issuing, renewing, reissuing Certificate of Sufficient Conditions for Business in Fire Prevention and Fighting Services in accordance with the regulations on the dossier of public security business.

Article 11. Issuance of Permits for Transporting Hazardous Goods Related to Fire and Explosion by Road Motor Vehicles, Inland Waterways, and Railways

1. The dossier and procedures for receiving and processing applications for permits to transport hazardous goods related to fire and explosion shall be carried out in accordance with the provisions of Clauses 1, 2, 3, 4, 5, and Clause 6 of Article 9 of Decree No. 136/2020/NĐ-CP.

In cases where the application dossier for a permit to transport hazardous goods related to fire and explosion by road motor vehicles, inland waterways, and railways does not fall within the jurisdiction of the authority to handle such matters, the staff receiving the dossier shall record information on the Refusal Notice Form No. 03 attached to Circular No. 01/2018/TT-VPCP and return the dossier to the relevant agency, organization, or individual.

2. After accepting the dossier in accordance with the regulations, the staff receiving the dossier shall establish and fully record information on the Process Control Sheet for the dossier issued together with this Circular, report to the competent authority directly managing for approval, and transfer the dossier to the unit or department assigned to resolve it.

3. Leaders and commanders assigned to carry out the issuance of permits for transporting hazardous goods related to fire and explosion shall assign staff to perform their duties through the Process Control Sheet issued together with this Circular.

4. Officers and soldiers assigned to process the dossier shall perform the following steps:

a) Verify the components of the dossier and the contents of the documents included in the application dossier for permits to transport hazardous goods related to fire and explosion by road motor vehicles and inland waterways in accordance with Clause 2 of Article 17 of Decree No. 42/2020/NĐ-CP dated April 8, 2020, of the Government stipulating the List of Hazardous Goods and the Transport of Hazardous Goods by Road Motor Vehicles and Inland Waterways (hereinafter referred to as Decree No. 42/2020/NĐ-CP), and the application dossier for permits to transport hazardous goods related to fire and explosion by railways in accordance with Clause 2 of Article 9 of Decree No. 136/2020/NĐ-CP;

Propose the content, time, composition of the inspection team (if any), draft inspection plan, notification of inspection, report to the direct leadership for approval, signature, and sending to the entity applying for the permit to transport hazardous goods related to fire and explosion. In cases where the authority delegates the lower-level public security agency to conduct inspections on fire prevention and firefighting safety conditions of the transportation means, the draft inspection plan and notification of inspection must clearly specify and send information to the lower-level public security agency to organize implementation;

Implement the provisions of Clause 7 of Article 9 of Decree No. 136/2020/NĐ-CP to organize inspections on fire prevention and firefighting safety conditions of the transportation means according to the content stipulated in Clause 3 of Article 8 of Decree No. 136/2020/NĐ-CP;

The competent authority issuing permits for transporting hazardous goods related to fire and explosion as stipulated in Clause 8 of Article 9 of Decree No. 136/2020/NĐ-CP may, based on practical circumstances, authority, work requirements, and guarantee conditions, delegate the lower-level public security agency to conduct inspections on fire prevention and firefighting safety conditions of the transportation means according to the content stipulated in Clause 3 of Article 8 of Decree No. 136/2020/NĐ-CP and send the inspection results to the competent authority for consideration and issuance of permits for transporting hazardous goods related to fire and explosion in accordance with regulations;

b) Based on the results of dossier verification and inspections on fire prevention and firefighting safety conditions of the transportation means for hazardous goods related to fire and explosion:

In cases where it is proposed to resolve the dossier: Draft the Permit for Transporting Hazardous Goods Related to Fire and Explosion according to Model PC05 and the Hazardous Goods Fire and Explosion Emblem according to Model PC01 in Appendix IX issued together with Decree No. 136/2020/NĐ-CP, report to the direct leadership for approval and signature. The dossier components for signing are specified at points a, b, c, d, đ, e, and point h of item 7 of the Appendix of the list of dossier components for signing issued together with this Circular;

In cases where it is proposed to refuse to resolve the dossier: Draft the reply document, clearly stating the reasons, report to the direct leadership for approval and signature. The dossier components for signing are specified at points a, b, c, d, đ, g, and point h of item 7 of the Appendix of the list of dossier components for signing issued together with this Circular;

c) After the Permit for Transporting Hazardous Goods Related to Fire and Explosion or the reply document has been approved and signed: Carry out numbering and stamping according to regulations;

d) Hand over the Permit for Transporting Hazardous Goods Related to Fire and Explosion, the Hazardous Goods Fire and Explosion Emblem, or the reply document and the Process Control Sheet to the result delivery department.

5. Establish and store the dossier for issuing permits for transporting hazardous goods related to fire and explosion in accordance with the regulations on the dossier of the People's Public Security Affairs.

Article 12. Approval and re-approval of fire extinguishing plans for facilities

1. The dossier and the acceptance, processing of the dossier requesting approval and re-approval of fire extinguishing plans for facilities shall be carried out in accordance with the provisions of Clauses 4, 5, 6, 7, and Clause 8, Article 19 of Decree No. 136/2020/ND-CP.

In cases where the fire extinguishing plan does not fall within the approval authority, the staff receiving the dossier shall record information on the Refusal to Accept and Process Dossier Form No. 03 attached to Circular No. 01/2018/TT-VPCP and return the dossier to the agency, organization, or individual.

2. After accepting the dossier in accordance with the regulations, the staff receiving the dossier shall establish and fully record information on the Process Control Sheet for the dossier issued together with this Circular, report to the competent authority directly managing for approval, and transfer the dossier to the unit or department assigned to resolve it.

3. Leaders and commanders assigned to implement the work of approving fire extinguishing plans for facilities shall be responsible for assigning staff to perform tasks using the Process Control Sheet for dossier processing issued together with this Circular.

4. Officers and soldiers assigned to process the dossier shall perform the following steps:

a) Determine the appropriateness of the content of the fire extinguishing plan with the type of facility applying for approval and the content prescribed in Model PC17 Appendix IX issued together with Decree No. 136/2020/ND-CP;

b) Prepare a comparison table to check and evaluate the contents in the fire extinguishing plan against the requirements and contents in the guidance on recording the fire extinguishing plan at Model PC17 Appendix IX issued together with Decree No. 136/2020/ND-CP;

In cases of re-approval of the fire extinguishing plan: Evaluate the appropriateness of the supplementary and revised content with hypothetical situations, force deployment, and firefighting equipment on-site, and prepare a comparison table to check and evaluate the supplementary and revised content with items 2, 4, 5, 6, 7, 8, 9, 10, and item 11 in the guidance on recording the fire extinguishing plan at Model PC17 Appendix IX issued together with Decree No. 136/2020/ND-CP;

c) Based on the results of checking and evaluating the dossier:

In cases where it is proposed to resolve the dossier: Report to the direct leader/commander for submission to the authorized person to approve the fire extinguishing plan. The dossier components for signature are stipulated in points a, b, c, and point d, item 8 of the Appendix list of dossier components for signature issued together with this Circular;

In cases where it is proposed to refuse to resolve the dossier: Draft a reply document, clearly stating the reasons, report to the direct leader/commander for submission to the authorized person to review and sign. The dossier components for signature are stipulated in points a, b, d, and point d, item 8 of the Appendix list of dossier components for signature issued together with this Circular;

d) After the fire extinguishing plan of the facility has been approved or the reply document has been reviewed and signed: Carry out numbering and stamping according to regulations;

đ) Hand over the fire extinguishing plan of the facility that has been approved or the reply document and the Process Control Sheet for dossier processing to the result delivery department;

5. Establish and store the dossier for approving the fire extinguishing plan of the facility in accordance with the regulations on the dossier of police business operations.

Article 13. Restoration of operation of facilities, motor vehicles, households, and individuals

1. The procedure for restoring the operation of facilities, motor vehicles, households, and individuals shall be carried out in accordance with the provisions of Article 18 of Decree No. 136/2020/ND-CP.

2. The person authorized to issue decisions to temporarily suspend or suspend operations as stipulated in points a, b, and point c, Clause 8, Article 17 of Decree No. 136/2020/ND-CP may, based on practical circumstances, authority, work requirements, and implementation conditions, delegate to subordinate public security agencies or units to conduct inspections of the results of rectification in accordance with the content prescribed in Clause 7, Article 18 of Decree No. 136/2020/ND-CP and send the results back to the agency of the person who previously issued the decision to temporarily suspend or suspend operations for the authorized person to consider and issue a decision to restore operations in accordance with regulations.

Article 14. Administrative penalty for violations in the field of fire prevention, firefighting, rescue operations where no record is made

The administrative penalty for cases where no record is made shall be carried out in accordance with the following steps:

1. Compel the cessation of the administrative violation as stipulated in Article 55 of the Law on Handling Administrative Violations 2012, amended and supplemented in 2020.

2. Issue an administrative penalty decision within the authority's jurisdiction according to Model Decision No. 01 promulgated together with Decree No. 118/2021/NĐ-CP dated December 23, 2021 of the Government detailing certain provisions and measures to implement the Law on Handling Administrative Violations (hereinafter referred to as Decree No. 118/2021/NĐ-CP).

3. Enforce the administrative penalty decision without making a record of the violation in accordance with Article 69 of the Law on Handling Administrative Violations 2012, amended and supplemented in 2020.

In case the organization or individual does not comply with the administrative penalty decision, the relevant provisions at Articles 86, 87, and Article 88 of the Law on Handling Administrative Violations 2012, amended and supplemented in 2020 shall be applied to enforce the administrative penalty decision through compulsory enforcement.

4. Establish and store the administrative penalty case file in the field of fire prevention, firefighting, rescue operations in accordance with the business file regulations of the People's Public Security.

Article 15. Administrative penalty for violations in the field of fire prevention, firefighting, rescue operations where a record is made

The administrative penalty for cases where a record is made shall be carried out in accordance with the following steps:

1. Compel the cessation of the violation as stipulated in Article 55 of the Law on Handling Administrative Violations 2012, amended and supplemented in 2020.

2. Make an administrative violation record in accordance with Article 58 of the Law on Handling Administrative Violations 2012, amended and supplemented in 2020, and according to Model Record No. 01 promulgated together with Decree No. 118/2021/NĐ-CP.

In case the violation involves confiscated items or means of transportation, report to the authorized person to issue a decision to temporarily detain the items or means of transportation according to Model Decision No. 20 promulgated together with Decree No. 118/2021/NĐ-CP and organize the temporary detention of the items or means of transportation in accordance with Article 125 of the Law on Handling Administrative Violations 2012, amended and supplemented in 2020.

3. Establish a case file of the violation and report it to the direct leadership for briefing the authorized person to assign implementation or propose transferring the file to the unit or department responsible for handling.

4. The leadership assigns officers and soldiers to perform tasks using the Process Control Form for File Processing issued together with this Circular.

5. Officers and soldiers assigned to handle the file shall carry out the following steps:

a) Verify the circumstances of the administrative violation if there are circumstances specified in Clause 1 of Article 59 of the Law on Handling Administrative Violations 2012, amended and supplemented in 2020; fill in the information in Model Record No. 05 promulgated together with Decree No. 118/2021/NĐ-CP; determine the authority to impose penalties (if applicable);

b) Based on the case file and the results of the verification in point a of Clause 5 of this Article: Draft the administrative penalty decision according to Model Decision No. 02 promulgated together with Decree No. 118/2021/NĐ-CP if the case falls within the authority to impose penalties.

In case the authority to impose penalties is exceeded: Draft the following documents for reporting to the leadership for approval and signature: Administrative penalty decision according to Model Decision No. 02 promulgated together with Decree No. 118/2021/NĐ-CP; Decision to confiscate the items or means of transportation involved in the violation according to Model Decision No. 14 promulgated together with Decree No. 118/2021/NĐ-CP (if applicable) or Decision to compel the implementation of remedial measures according to Model Decision No. 15 promulgated together with Decree No. 118/2021/NĐ-CP in cases where no penalty decision is issued (if applicable). The components of the file for signing are specified in Item 9 of the Appendix of the list of file components for signing issued together with this Circular;

c) After the administrative penalty decision, the decision to confiscate the items involved in the violation (if applicable), and the decision to apply remedial measures (if applicable) have been approved and signed: Carry out numbering and stamping according to regulations;

d) Send the administrative penalty decision, the decision to confiscate the items or means of transportation involved in the violation (if applicable), and the decision to apply remedial measures (if applicable) to the violator in accordance with Article 70 of the Law on Handling Administrative Violations 2012, amended and supplemented in 2020.

6. According to Clause 2 of Article 73 of the Law on Handling Administrative Violations 2012, amended and supplemented in 2020, the authorized person who issues the administrative penalty decision shall be responsible for organizing the enforcement of the administrative penalty decision, the decision to confiscate the items or means of transportation involved in the violation (if applicable), and the decision to apply remedial measures (if applicable); assign officers and soldiers to monitor the enforcement of the decision by the violator.

In case the violator does not voluntarily comply with the administrative penalty decision, the relevant provisions at point a of Clause 1 of Article 86 of the Law on Handling Administrative Violations 2012, amended and supplemented in 2020 shall be applied to enforce the administrative penalty decision through compulsory enforcement.

7. In case of receiving files transferred from criminal investigation agencies requesting penalties for fire incidents, the following steps shall be taken:

a) The leadership assigns officers and soldiers to receive the request for administrative penalty and examine the file components transferred from the criminal investigation agency in accordance with Article 63 of the Law on Handling Administrative Violations 2012, amended and supplemented in 2020. If the file is incomplete, request supplementary materials;

b) After receiving the file in accordance with regulations, the officer or soldier receiving the file shall establish and fully record the information in the Process Control Form for File Processing issued together with this Circular and perform the following tasks:

Examine and review the file; in cases where there is not enough basis to propose a decision on administrative penalty, advise the leadership and command of the unit to report to the direct superior management authority for guidance.

In cases where signs of administrative violations have been identified and agreed upon in the file, implement according to the provisions of Clause 5 and Clause 6 of this Article.

Draft the notification document regarding the result of handling the file, report to the leadership and direct command for approval and signature by the authorized person, and send it to the unit that previously transferred the file, ensuring compliance with the time limit specified in Point a, Clause 2, Article 17 of Circular No. 55/2020/TT-BCA dated June 3, 2020 issued by the Minister of Public Security on the division of responsibilities and coordination relationships in fire investigation and resolution work of the People's Public Security forces.

8. Establish and retain the administrative penalty case file in the field of fire prevention, firefighting, rescue operations in accordance with the business file regulations of the People's Public Security forces.

Article 16. Enforcement of Administrative Penalty Decisions in the Field of Fire Prevention, Firefighting, Rescue Operations

1. For the enforcement measure of deducting part of salary or income as prescribed in Point a, Clause 2, Article 86 of the Law on Handling Administrative Violations 2012, amended and supplemented in 2020, shall be implemented as follows:

a) Verify information about the salary or income of the individual subject to enforcement in accordance with Article 9 of Decree No. 166/2013/NĐ-CP dated November 12, 2013 of the Government on enforcement measures for administrative penalty decisions (hereinafter referred to as Decree No. 166/2013/NĐ-CP).

b) Based on the verification results, draft the Decision on enforcement of deduction of part of salary or income according to Model Decision No. 07 attached to Decree No. 118/2021/NĐ-CP, report to the leadership and direct command for approval and signature by the authorized person.

The components of the file for signing are stipulated in Points a, b, and i of Item 9 of the Appendix detailing the components of the file for signing issued together with this Circular.

c) After the Decision on enforcement of deduction of part of salary or income has been approved and signed: Carry out numbering and stamping in accordance with the regulations.

d) Send the Decision on enforcement to the organization or individual subject to enforcement and related organizations or individuals in accordance with Article 5 of Decree No. 166/2013/NĐ-CP.

đ) Monitor the implementation of the enforcement decision until receiving notification from the agency, organization, or employer managing the salary or income of the individual subject to enforcement or the social insurance payment location of the individual subject to enforcement and the State Treasury about the completion of the enforcement decision by the individual subject to enforcement.

2. For the enforcement measure of deducting money from the account of the individual or organization in violation as prescribed in Point a, Clause 2, Article 86 of the Law on Handling Administrative Violations 2012, amended and supplemented in 2020, shall be implemented as follows:

a) Verify information about the account of the individual or organization subject to enforcement in accordance with Article 14 of Decree No. 166/2013/NĐ-CP.

b) Based on the verification results, draft the Decision on enforcement of deduction of money from the account according to Model Decision No. 08 attached to Decree No. 118/2021/NĐ-CP, report to the leadership and direct command for approval and signature by the authorized person.

The components of the file for signing are stipulated in Points a, c, and i of Item 9 of the Appendix detailing the components of the file for signing issued together with this Circular.

c) After the Decision on enforcement of deduction of money from the account has been approved and signed: Carry out numbering and stamping in accordance with the regulations.

d) Send the Decision on enforcement to the individual or organization subject to enforcement and related organizations or individuals in accordance with Article 5 of Decree No. 166/2013/NĐ-CP.

đ) Monitor the implementation of the enforcement decision until receiving notification from the State Treasury branch receiving the deducted money about the completion of the enforcement decision by the individual or organization subject to enforcement.

3. For the enforcement measure of seizing assets equivalent in value to the fine amount for auction as prescribed in Point b, Clause 2, Article 86 of the Law on Handling Administrative Violations 2012, amended and supplemented in 2020, shall be implemented as follows:

a) Prepare the budget for enforcement costs in accordance with Clause 1, Article 5 of Circular No. 05/2017/TT-BTC dated January 16, 2017 of the Minister of Finance on the management, advance payment, and reimbursement of enforcement costs for administrative penalty decisions, report to the leadership and direct command for approval and signature by the authorized person and send it to the individual or organization subject to enforcement.

b) Verify information about the assets of the individual or organization subject to enforcement in accordance with Article 20 of Decree No. 166/2013/NĐ-CP and record the information in the verification report according to Model Report No. 09 attached to Decree No. 118/2021/NĐ-CP.

c) Based on the verification results, draft the Decision on enforcement of seizure of assets equivalent in value to the fine amount according to Model Decision No. 09 attached to Decree No. 118/2021/NĐ-CP and the notice of asset seizure (except in cases where the notice will hinder the execution of the seizure), report to the leadership and direct command for approval and signature by the authorized person.

Draft the document requesting the Mobile Police Force and Protective Police Force at the same level in cases requiring maintenance of public order and safety during the enforcement process in accordance with the regulations, report to the leadership and direct command for approval and signature by the authorized person.

The components of the file for signing are stipulated in Points a, d, g, h, and i of Item 9 of the Appendix detailing the components of the file for signing issued together with this Circular.

d) After the Decision on enforcement of seizure of assets, the notice of asset seizure, and the request for the Mobile Police Force and Protective Police Force (if applicable) have been approved and signed: Carry out numbering and stamping in accordance with the regulations.

d) Send the enforcement decision to the subject of enforcement and organizations and individuals related as provided for in Article 5 and Article 21 of Decree No. 166/2013/ND-CP; notify the seizure of assets to individuals and organizations as stipulated in Clause 2, Article 21 of Decree No. 166/2013/ND-CP; in cases where it is requested that the Mobile Police Force and Security Protection Units at the same level participate in ensuring order and safety during the execution of the enforcement decision, the notification shall be made in accordance with Clause 1, Article 7 of Decree No. 166/2013/ND-CP;

e) Organize the enforcement of asset seizure according to the provisions of Article 22 and Article 23 of Decree No. 166/2013/ND-CP. The results of the enforcement are recorded in Form No. 12 issued together with Decree No. 118/2021/ND-CP;

g) Report to the leadership and direct command to advise those authorized to handle the assets obtained from the seizure according to the provisions of Articles 24, 25, and Article 26 of Decree No. 166/2013/ND-CP;

4. In the case of enforcement measures to collect money and other assets of the subject of enforcement of administrative violation penalty decisions held by other individuals or organizations, as provided for in Point c, Clause 2, Article 86 of the Law on Handling Administrative Violations 2012, amended and supplemented in 2020, shall be implemented as follows:

a) Verify information about assets held by third parties of the subject of enforcement according to the provisions of Article 29 of Decree No. 166/2013/ND-CP and record the information in the verification report according to Form No. 09 issued together with Decree No. 118/2021/ND-CP;

b) Based on the verification results, draft the Enforcement Decision to collect money and assets to enforce the administrative violation penalty decision according to Form No. 10 issued together with Decree No. 118/2021/ND-CP, report to the leadership and direct command for approval and signature by those authorized;

The file components for signing as specified in Points a, d, g, h, and Point i Item 9 of the Appendix of the list of file components for signing issued together with this Circular;

c) After the Enforcement Decision to collect money and assets to enforce the administrative violation penalty decision has been approved and signed: Carry out numbering and stamping according to regulations;

d) Send the Decision on enforcement to the individual or organization subject to enforcement and related organizations or individuals in accordance with Article 5 of Decree No. 166/2013/NĐ-CP.

d) Organize the enforcement of the Enforcement Decision according to the provisions of Article 32 of Decree No. 166/2013/ND-CP. The results of the enforcement are recorded in Form No. 10 issued together with Decree No. 118/2021/ND-CP;

5. For enforcement measures to compel the implementation of remedial measures as provided for in Point d, Clause 2, Article 86 of the Law on Handling Administrative Violations 2012, amended and supplemented in 2020, shall be implemented as follows:

a) Draft the Enforcement Decision to compel the implementation of remedial measures according to Form No. 11 issued together with Decree No. 118/2021/ND-CP and the notice regarding the time and place of organizing enforcement, requesting the People's Committee of the commune (where enforcement is organized) to send representatives to participate, report to the leadership and direct command for approval and signature by those authorized;

The file components for signing as specified in Points a, e, g, and Point h Item 9 of the Appendix of the list of file components for signing issued together with this Circular;

b) After the Enforcement Decision to compel the implementation of remedial measures and the notice have been approved and signed: Carry out numbering and stamping according to regulations;

c) Send the Enforcement Decision to the individual or organization subject to enforcement and organizations and individuals related as provided for in Article 5 of Decree No. 166/2013/ND-CP and send the notice to the People's Committee of the commune (where enforcement is organized) according to regulations;

d) Organize the enforcement according to the provisions of Article 34 and Article 35 of Decree No. 166/2013/ND-CP. The results of the enforcement are recorded in Form No. 11 issued together with Decree No. 118/2021/ND-CP;

6. The enforcement file for the execution of administrative violation penalty decisions in the field of fire prevention, firefighting, rescue, and relief is part of the administrative violation penalty file in the field of fire prevention, firefighting, rescue, and relief and is established and stored according to the regulations on business files of the Public Security Forces;

Chapter III

IMPLEMENTATION

Article 17. Effective Date

1. This Circular takes effect from March 5, 2022;

2. Circular No. 25/2018/TT-BCA dated August 6, 2018 of the Minister of Public Security on the procedures for design review and acceptance of fire prevention and firefighting by the Fire Prevention and Firefighting Police Force ceases to be effective from the date this Circular takes effect;

3. When laws and regulations, articles, clauses of laws and regulations cited in this Circular are amended, supplemented, or replaced, the cited contents in this Circular shall also be adjusted and implemented according to the amended, supplemented, or replaced laws and regulations, articles, clauses;

Article 18. Responsibility for Implementation

1. The Director of the Fire Prevention and Firefighting and Rescue Service Bureau is responsible for guiding, inspecting, and urging the implementation of this Circular; organizing the implementation of the provisions of Point b, Clause 2 of this Article;

2. Provincial Public Security Directors:

a) Are responsible for implementing this Circular;

b) Organize the implementation of Clause 3 and Clause 4 of Articles 5, 6, 7, 8, 9, 10, 11, and Article 12 of this Circular in accordance with actual conditions and work regulations of the unit;

During the implementation of this Circular, if there are difficulties or obstacles, public security units and localities shall report to the Ministry of Public Security (through the Fire Prevention and Firefighting and Rescue Service Bureau) for timely guidance./.