Circular No. 147/2020/TT-BCA stipulates measures to ensure fire safety for karaoke service businesses and nightclub services.

CIRCULAR

Provisions on measures to ensure fire safety, firefighting and rescue and emergency responsefor karaoke service business establishments, nightclub service business establishments

Pursuant to the Fire Prevention and Fighting Law firefighting dated June 29, 2001; the Law amending and supplementing and supplement one,some articles of the Fire Prevention and Fighting Law dated November 22, 2013; Decree No. 01/2018/ND-CP dated August 6, 2018

Camendn cứ Government Decree No. stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security; of the Government Decree No. 03/2009/ND-CP dated June

Decree No. 12009 11 promulgating regulations on cultural activities and the operation of public cultural services of the Government business;amendPursuant to Decree No. 83/2017/ND-CP dated July 18,

Pursuant to Decree No. 96/2016/NĐ-CP dated July 1, 2016 of the Government stipulating conditions for security and public order for certain business sectors and occupations subject to conditions;

regarding rescue operations of firefighting forces 2017 of the GovernmentPursuant to Decree No. 54/2019/ND-CP dated June 19, 2019 of the Government stipulating karaoke service business and nightclub service business operations;;

Pursuant to Decree No. 136/20

-CP dated November 24, 2020/N |||3. Amend Clause 3 Article 2 as follows:20of the GovernmentThe Fire Prevention and Fighting Law and the Law amending and supplementing some articles of the Fire Prevention and Fighting Lawdetailing certain provisions and implementation measures at the proposal of the Director of the Fire Prevention, Firefighting, and Rescue Service Inspectorate;No.The Ministry of Public Security;

the Directorhereby issues this Circularn lstipulating measures

ANDDirectorfor karaoke service business establishments, nightclub service business establishments.aThis Circular stipulates measures to ensure fire safety, firefighting, and rescue operations for karaoke service business establishments, nightclub service business establishments, including: Safety conditions, design, design review, acceptance, fire prevention and firefighting force deployment; inspection of fire safety and rescue operations, and the responsibilities of local public security agencies. Article 2. Business enterprises, individual households engaged in karaoke service business and nightclub service business (hereinafter referred to as establishments); other agencies, organizations, individuals related to ensuring fire safety for karaoke service business and nightclub service business establishments. to ensure fire safety, firefighting and rescue and emergency response Article 3. Principles for ensuring fire safety1. Compliance with the provisions of the Fire Prevention and Fighting Law, the Law amending and supplementing some articles of the Fire Prevention and Fighting Law, and detailed implementing regulations stipulated in this Circular and relevant laws.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

2. Ensuring the lives, health, and property of organizations and individuals participating in karaoke service business and nightclub service business activities.

Article 2. Applicability

This Circular applies to:

1. Local public security units.

1. Floor area means the total area of all enclosed spaces within a room or floor level, including the areas of elevator channels, elevator shaft floors, bathrooms, stairwell compartments, areas occupied by fixed or mobile furniture, machinery, equipment, and open outdoor living areas.

2. Business area means the total area of rooms used for karaoke service business and nightclub service business purposes. and rescue and emergency response

3. Volume capacity is the volume of a space within the scope of a building or fire compartment. This volume does not include elevator shaft walls protected, stairwell compartments, and other spaces (such as bathrooms and storage compartments) enclosed by fire-resistant walls with a minimum fire resistance rating of one hour, while passageways through these walls are protected by Class 2 fire doors equipped with self-closing mechanisms. Volume capacity is calculated based on the following dimensions:

a) Floor plan dimensions taken from the distance between the inner finished surfaces of enclosing walls, or if there are no enclosing walls, then measured to a vertical plane extending to the outer edge of the uppermost floor surface;

Article 4. Definitions

b) Height taken from the top surface of the lower floor to the bottom surface of the upper floor of the space;

c) For a building or fire compartment extending up to the roof, the height is taken from the bottom surface of the roof or the bottom surface of the ceiling of the highest floor within the fire compartment, including all areas occupied by walls, vertical shafts, unprotected channels, or structures within the space under consideration.

4. Building height: Determined by the height arrangement of the top floor excluding the top technical floor. The height arrangement of each floor is determined by the distance from the lowest fire truck access road surface to the bottom edge of the opening (window) on the outer wall of that floor. If there is no opening, the height arrangement of the top floor is determined by half the sum of the floor and ceiling heights of that floor.

a) The floor area is measured based on the distance between the finished surfaces inside the enclosing walls, or if there are no enclosing walls, it is calculated to a vertical plane extending to the outer edge at the top of the floor;

b) The height is measured based on the distance from the upper surface of the lower floor to the lower surface of the upper floor of the space;

c) For a building or fire compartment that extends up to the roof, the measurement is taken based on the distance to the lower surface of the roof or the lower surface of the ceiling of the highest level within the fire compartment, including all spaces occupied by walls, vertical shafts, unprotected ducts, or structures within the space under consideration.

4. Building height: Is determined by the layout height of the topmost floor excluding the top technical floor. The layout height of a floor is determined by the distance from the lowest approachable fire-fighting vehicle path to the bottom edge of the opening (window) on the exterior wall of that floor. If there is no opening, the layout height of the topmost floor is determined by half the total height of the floor slab and ceiling of that floor.

Chapter II

SPECIFIC PROVISIONS

Article 5. Fire Prevention and Fighting Safety Conditions

1. Karaoke service establishments and nightclub service establishments shall ensure fire prevention and fighting safety conditions as prescribed in Article 5 of Decree No. 136/2020/NĐ-CP dated November 24, 2020 of the Government detailing certain provisions and measures to implement the Law on Fire Prevention and Fighting and the Law Amending and Supplementing Certain Provisions of the Law on Fire Prevention and Fighting (hereinafter referred to as Decree No. 136/2020/NĐ-CP) as follows:

a) Establishments that are three floors or higher or have a total volume of 1,000 m³ or more must ensure fire prevention and fighting safety conditions as prescribed in Clause 1 of Article 5 of Decree No. 136/2020/NĐ-CP;³ upwards must ensure fire safety conditions according to Clause 1, Article 5 of Decree No. 136/2020/NĐ-CP;

b) Establishments that are less than three floors or have a total volume of less than 1,000 m³ must ensure fire prevention and fighting safety conditions as prescribed in Clause 2 of Article 5 of Decree No. 136/2020/NĐ-CP;³must ensure fire safety conditions according to Clause 2, Article 5 of Decree No. 136/2020/NĐ-CP;

c) Karaoke service establishments and nightclub service establishments located within high-rise buildings or multi-purpose buildings must ensure fire prevention and fighting safety conditions as prescribed in Clause 3 of Article 5 of Decree No. 136/2020/NĐ-CP.

2. The fire prevention and fighting safety conditions prescribed in Clause 1 of this Article must be organized and maintained throughout the operation period by the head of the karaoke service establishment or nightclub service establishment.

Article 6. Fire Prevention and Fighting Design

1. Fire prevention and fighting design shall be implemented for independent karaoke service establishments and nightclub service establishments that are three floors or higher or have a total volume of 1,500 m³ or more, and for karaoke service establishments and nightclub service establishments located within buildings or structures listed in Appendix V promulgated pursuant to Decree No. 136/2020/NĐ-CP.³ upwards, karaoke service business establishments, discotheque service establishments located within buildings, projects listed in Appendix V issued pursuant to Decree No. 136/2020/NĐ-CP.

2. Independent karaoke service establishments and nightclub service establishments as prescribed in Clause 1 of this Article must be designed for fire prevention and fighting in accordance with Article 11 of Decree No. 136/2020/NĐ-CP, specifically as follows:

a) Must ensure a safe distance from other buildings in accordance with the provisions of QCVN 06:2020/BXD "National Technical Regulations on Fire Safety for Buildings and Structures" (hereinafter referred to as QCVN 06:2020/BXD). For karaoke service establishments and nightclub service establishments adjacent to other buildings, the exterior wall adjacent to such buildings must be a Class 1 fire-resistant wall (REI 150) for buildings with fire resistance class I, II, III, and a Class 2 fire-resistant wall (REI 45) for buildings with fire resistance class IV. The distance from karaoke service establishments and nightclub service establishments to schools shall comply with Decree No. 54/2019/NĐ-CP dated June 19, 2019 of the Government on karaoke service establishments and nightclub service establishments;

b) The fire resistance rating of the construction project must be appropriate for the scale and nature of the project's activities; the building structure of the project has a fire resistance limit suitable for its usage characteristics and height according to Technical Regulation QCVN 06:2020/BXD. Karaoke service business establishments, discotheque service establishments are classified as fire hazard group F2.2 according to the provisions of Technical Regulation QCVN 06:2020/BXD;

b) The fire resistance class of the building must be appropriate to the scale and nature of the building's activities; the construction structure of the building must have a fire resistance limit suitable to its use and height according to QCVN 06:2020/BXD. Karaoke service establishments and nightclub service establishments are classified as Group F2.2 in terms of fire hazard according to QCVN 06:2020/BXD;² and must have at least two direct evacuation routes leading outside the building;

c) The maximum allowable height of independent karaoke service establishments and nightclub service establishments depends on the fire resistance class and is determined corresponding to groups of public buildings but not exceeding 16 floors; they may not be located above the 16th floor when situated within other functional buildings according to QCVN 06:2020/BXD; it is permissible to locate them within the basement or semi-basement floor if the total area does not exceed 300 m² and there are at least two direct escape routes to the outside;

d) The maximum number of people in a room, a floor, or a house of a karaoke service business establishment, discotheque service establishment is calculated with a floor area factor of 1 m²/person;

d) Escape routes must comply with the provisions of QCVN 06:2020/BXD;

e) The design and installation of advertising signs for buildings must meet technical, structural, material, and lighting requirements as stipulated in QCVN 17:2018/BXD "Technical Standards for Construction and Installation of Outdoor Advertising Signs" (hereinafter referred to as QCVN 17:2018/BXD), specifically as follows:

The location of advertising sign installations must not completely cover the building or obstruct escape routes or balconies;

Materials used for the structural components of advertising signs must be non-combustible and comply with the provisions of QCVN 06:2020/BXD and QCVN 17:2018/BXD;

Horizontal advertising signs placed on the facade of the building must ensure that only one sign is installed per floor, with a maximum height of 2 m and a width not exceeding the width of the building's facade; the outer surface of the advertising sign must protrude no more than 0.2 m from the building wall; vertical advertising signs must ensure a maximum width of 1 m and a height of 4 m but not exceeding the height of the floor where the sign is installed, with the outer surface of the advertising sign protruding no more than 0.2 m from the building wall;

The lighting system for advertising signs must be a separate power source and equipped with circuit breakers and residual current devices. Flammable materials or goods should not be placed below or near the location of the advertising signs;

f) Emergency lighting and evacuation guidance systems must comply with the provisions of TCVN 3890:2009 "Firefighting Equipment for Buildings and Structures - Provision, Arrangement, Inspection, Maintenance" (hereinafter referred to as TCVN 3890:2009), including emergency lights and evacuation guidance lights installed in each room of karaoke service establishments and nightclub service establishments;

g) Smoke exhaust systems must comply with the provisions of QCVN 06:2020/BXD and TCVN 5687:2010 "Ventilation and Air Conditioning - Design Standards";

k) A fire extinguishing system that complies with the provisions of QCVN 06:2020/BXD, TCVN 3890:2009, TCVN 7336:2003 "Automatic Sprinkler Fire Extinguishing System - Design Requirements", TCVN 5738:2001 "Automatic Fire Alarm System - Design Requirements" (hereinafter referred to as TCVN 5738:2001) and national technical standards on fire prevention and extinguishing, specifically as follows:

Fire prevention and extinguishing equipment must comply with quantity and quality requirements stipulated in the national technical standards on fire prevention and extinguishing, specific norms set forth in the Appendix attached hereto;

The automatic fire alarm system must comply with the provisions of TCVN 5738:2001. Fire alarm bells and lights in the corridor of each floor and additional fire alarm bells inside each room of karaoke service establishments and nightclubs shall be arranged, and the fire alarm system shall be interconnected to automatically cut off the power supply to the sound system in rooms when the fire alarm system operates in case of fire or explosion incidents;

The fire extinguishing intensity and fire extinguishing area of the automatic sprinkler fire extinguishing system for nightclub business establishments shall be calculated based on medium fire risk level group III, while for karaoke service establishments, it shall be calculated based on medium fire risk level group I. When rooms are separated from each other and from corridors by type 1 fire-resistant walls as prescribed in QCVN 06:2020/BXD, the calculation may be based on the largest room area to determine the required flow rate and volume of water storage tanks for the automatic sprinkler fire extinguishing system. The fire extinguishing time shall not be less than 60 minutes;

The outdoor fire hydrant water supply system must comply with the provisions of QCVN 06:2020/BXD and TCVN 3890:2009. Karaoke service and nightclub business establishments located within 100 meters or 150 meters from urban fire hydrants or rivers, lakes, ponds, etc., with firefighting vessel docking facilities are not required to design an outdoor fire hydrant water supply system;

l) The electrical system, lightning protection, static electricity protection, and the arrangement of these devices in the building must comply with safety requirements for fire prevention and extinguishing as stipulated in QCVN 12:2014/BXD "National Technical Standards for Electrical Systems of Residential and Public Buildings" (hereinafter referred to as QCVN 12:2014/BXD), specifically as follows:

The electrical system supplying fire prevention and extinguishing systems and related technical systems must comply with Article 2.3 and Article 2.9 of QCVN 12:2014/BXD;

The electrical system must be protected against thermal impact, overload, and static electricity as stipulated in Article 2.5 and Article 2.6 of QCVN 12:2014/BXD;

Lightning protection systems must comply with the provisions of Article 2.8 of QCVN 12:2014/BXD;

m) Fire prevention measures and fire spread prevention measures must comply with the provisions of QCVN 06:2020/BXD, specifically as follows:

Walls separating corridors and rooms must be made of non-combustible or difficult-to-ignite materials with a fire resistance limit of not less than EI 30 for buildings with fire resistance class I, and not less than EI 15 for buildings with fire resistance classes II, III, and IV;

Rooms with an areaof 50 m² or more and rooms in basements or semi-basements must use interior decoration materials, soundproofing, and insulation materials that are non-combustible or difficult-to-ignite;

Areas for karaoke services and nightclubs must be separated from other functional areas by fire-resistant walls and floors with a fire resistance limit of not less than REI 45 for buildings with fire resistance class IV, and not less than REI 150 for buildings with fire resistance classes I, II, and III.

3. Business establishments providing karaoke and nightclub services that do not fall under the scope defined in Clause 1 of this Article must design fire prevention and extinguishing systems in compliance with the provisions of Points a, b, đ, e, g, k, l, and Point m of Clause 2 of this Article and the provisions of QCVN 06:2020/BXD, specifically as follows:

a) The distance from a traffic road with a width of no less than 3.5 meters and a height of no less than 4.5 meters for fire trucks to reach any point on the horizontal projection of the building shall not exceed 60 meters;

b) Each floor of the building must have at least two evacuation exits. Rooms with an area greater than 50 m²must have at least two evacuation exits. It is permissible for each floor to have only one evacuation exit if the number of people present simultaneously on the floor does not exceed 20 and the evacuation exit leads to a smoke-free stairwell compartment with a fire resistance limit of EI 30;

The clear height of room doors must not be less than 1.9 meters; the clear width of room doors must not be less than 1.2 meters when the room area exceeds 50 m² and not less than 0.8 meters when the room area is up to 50 m². Doors of karaoke and nightclub service rooms must open in the direction of evacuation;

c) The clear height of evacuation corridors must not be less than 2 meters; the clear width must not be less than 1.2 meters when the business area on one floor exceeds 50 m²and not less than 1 meter for other cases;

d) Evacuation stairs can be types 1, 2, or 3, and smoke-free stairwell compartments types N1, N2, or N3. The width of the staircase used for evacuation must not be less than the calculated width or the width of any exit door on it, and must also not be less than 0.9 meters; the slope (angle of inclination) of the stairs on evacuation routes must not exceed 1:1 (45^°); the tread width must not be less than 25 cm, and the riser height must not exceed 22 cm;

đ) The design of smoke exhaust systems for areas such as basement and semi-basement corridors without natural ventilation leading to areas frequently occupied by people; karaoke and nightclub service rooms with an area of 50 m² or more.

Article 7. Design review and acceptance for fire prevention and extinguishing

1. Business establishments providing karaoke and nightclub services as specified in Clause 1 of Article 6 of this Circular must undergo design review and acceptance for fire prevention and extinguishing in accordance with Articles 13 and 15 of Decree No. 136/2020/NĐ-CP.

2. Business establishments providing karaoke services and nightclub services that do not fall under the provisions of Clause 1, Article 6 of this Circular shall not be subject to fire safety design review and inspection but must ensure fire safety requirements as stipulated in Clause 3, Article 6 of this Circular.

Article 8. Fire prevention and firefighting force deployment at business establishments

The deployment of fire prevention and firefighting forces at business establishments providing karaoke services and nightclub services shall be carried out in accordance with the provisions of Article 31 of Decree No. 136/2020/NĐ-CP.

Article 9. Inspection for fire safety, firefighting, rescue, and emergency response

1. Public Security agencies shall conduct inspections for fire safety and firefighting at business establishments providing karaoke services and nightclub services in accordance with the provisions of Point d, Clause 3, Article 16 of Decree No. 136/2020/NĐ-CP, and inspect the conditions ensuring safety for rescue and emergency response at such business establishments in accordance with the provisions of Clause 2, Article 12 of Decree No. 83/2017/NĐ-CP dated July 18, 2017 of the Government on rescue and emergency response operations of firefighting forces (hereinafter referred to as Decree No. 83/2017/NĐ-CP).

2. The heads of business establishments providing karaoke services and nightclub services shall be responsible for organizing self-inspections for fire safety and firefighting, and rescue and emergency response at their establishments within the scope of management in accordance with the inspection contents and forms prescribed in Clause 2 and Points a and b, Clause 3, Article 16 of Decree No. 136/2020/NĐ-CP, and Clause 1, Article 12 of Decree No. 83/2017/NĐ-CP.

Article 10. Responsibilities of Public Security Units and Localities

1. Organize propaganda and dissemination of legal regulations on fire prevention, firefighting, rescue, and emergency response, and measures to ensure safety for fire prevention, firefighting, rescue, and emergency response at business establishments providing karaoke services and nightclub services.

2. Guide, inspect, and handle violations concerning fire safety at business establishments providing karaoke services and nightclub services in accordance with the law.

3. Develop plans to coordinate with related units in fire safety inspection work, organize drills for firefighting and rescue plans at business establishments providing karaoke services and nightclub services.

4. Statistics and report to the People's Committee at the same level and the higher-level Public Security agency on fire prevention, firefighting, rescue, and emergency response management work at business establishments providing karaoke services and nightclub services within their jurisdiction.

5. Perform other tasks in accordance with the law on fire prevention, firefighting, rescue, and emergency response.

PART III

IMPLEMENTATION

Article 11. Effective date

1. This Circular takes effect from February 20, 2021 and replaces Circular No. 47/2015/TT-BCA dated October 6, 2015 of the Minister of Public Security guiding the assurance of fire safety at business establishments providing nightclub and karaoke services (hereinafter referred to as Circular No. 47/2015/TT-BCA).

2. This Circular annexes the equipment list for fire prevention and firefighting at business establishments providing karaoke services and nightclub services.

3. When laws, legal documents, standards, and technical specifications cited in this Circular are amended, supplemented, or replaced, the cited content shall also be adjusted and implemented in accordance with the new provisions.

4. Transitional Provisions

a) Karaoke and nightclub business establishments that have been granted permission to operate and meet fire safety conditions as stipulated in Circular No. 47/2015/TT-BCA shall continue to maintain fire safety in accordance with Circular No. 47/2015/TT-BCA after this Circular takes effect. In cases where the establishment has not equipped rescue and emergency response facilities, the establishment owner shall apply appropriate adjustment measures to ensure compliance with this Circular's provisions;

b) Karaoke and nightclub business establishments listed in Appendix IV issued together with Decree No. 79/2014/NĐ-CP dated July 31, 2014 detailing certain provisions of the Law on Fire Prevention and Fighting and the Law Amending and Supplementing Certain Provisions of the Law on Fire Prevention and Fighting, which have been reviewed by public security authorities for fire safety design before the effective date of this Circular, shall construct according to the approved design drawings;

c) Karaoke and nightclub business establishments not listed in Appendix IV issued together with Decree No. 79/2014/NĐ-CP, which have been self-reviewed and approved by construction management agencies and project owners for fire safety design and have already commenced construction before the effective date of this Circular, shall continue to be inspected and accepted by construction management agencies and project owners who will bear responsibility for fire safety of the projects;

If they have been self-reviewed and approved by construction management agencies and project owners for fire safety design but have not yet commenced construction after the effective date of this Circular and belong to the categories and projects specified in Appendix V of Decree No. 136/2020/NĐ-CP, the project owner must submit the fire safety design review documents in accordance with Decree No. 136/2020/NĐ-CP to the competent public security authority for review in accordance with the regulations.

Article 12. Responsibility for Implementation

1. The Director of the Fire Prevention, Firefighting, Rescue, and Emergency Response Police Department shall be responsible for supervising and urging the implementation of this Circular.

2. Heads of subordinate units under the Ministry of Public Security, Directors of Public Security Departments of centrally governed cities and provinces, and relevant organizations and individuals shall be responsible for implementing this Circular.

3. It is requested that the heads of ministries, ministerial-level agencies, government-affiliated agencies, and provincial-level People's Committees coordinate with the Ministry of Public Security within their respective functions, duties, and powers to manage and inspect the implementation of guidelines on ensuring fire safety at business establishments providing karaoke services and nightclub services within their jurisdiction.

During the implementation of this Circular, if there are difficulties or obstacles, the public security organs of the centrally governed cities and provinces, and related organizations and individuals shall report to the Ministry of Public Security (through the Fire Prevention and Fighting, Search and Rescue Police Department) for timely guidance./.