Circular No. 32/2024/TT-BCA Amending and Supplementing Certain Articles of Circular No. 149/2020/TT-BCA dated December 31, 2020, issued by the Minister of Public Security 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, and Decree No. 136/2020/NĐ-CP dated November 24, 2020, issued by 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, and Circular No. 08/2018/TT-BCA dated March 5, 2018, issued by the Minister of Public Security detailing certain provisions of Decree No. 83/2017/NĐ-CP dated July 18, 2017, issued by the Government regarding rescue and firefighting work of fire prevention and fighting forces.

CIRCULAR

Amending and supplementing some articles of Circular No. 149/2020/TT-BCA dated December 31, 2020, issued by the Minister of Public Security detailing certain provisions and implementing measures of the Law on Fire Prevention and Combating and the Law Amending and Supplementing Certain Provisions of the Law on Fire Prevention and Combating,and Decree No. 136/2020/NĐ-CP dated November 24, 2020, issued by the Government detailing certain provisions and implementing measures of the Law on Fire Prevention and Combating and the Law Amending and Supplementing Certain Provisions of the Law on Fire Prevention and Combating,and detailing certain provisions and implementing measures of the Law on Fire Prevention and Combating,and the Law Amending and Supplementing Certain Provisions of the Law on Fire Prevention and Combating,and Circular No. 08/2018/TT-BCA dated March 5, 2018, issued by the Minister of Public Security detailing certain provisions of Decree No. 83/2017/NĐ-CP dated July 18, 2017, issued by the Government regarding rescue operations of fire prevention and firefighting forces,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;

Decree No. 83/2017/NĐ-CPdated July 18, 2017, issued by the Government regarding rescue operations of fire prevention and firefighting forces;

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

Pursuant to Decree No. 50/2024/NĐ-CP dated May 10, 2024, issued by the Government amending and supplementing certain articles of Decree No. 136/2020/NĐ-CP dated November 24, 2020, issued by the Government detailing certain provisions and implementing measures of the Law on Fire Prevention and Combating and the Law Amending and Supplementing Certain Provisions of the Law on Fire Prevention and Combating and Decree No. 83/2017/NĐ-CP dated July 18, 2017, issued by the Government regarding rescue operations of fire prevention and firefighting forces;

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

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

The Minister of Public Security issues this Circular amending and supplementing certain Articles ofAmending and supplementing some articles of Circular No. 149/2020/TT-BCA dated December 31, 2020, issued by the Minister of Public Security detailing certain provisions and implementing measures of the Law on Fire Prevention and Combating and the Law Amending and Supplementing Certain Provisions of the Law on Fire Prevention and Combating and Decree No. 136/2020/NĐ-CP dated November 24, 2020, issued by the Government detailing certain provisions and implementing measures of the Law on Fire Prevention and Combating and the Law Amending and Supplementing Certain Provisions of the Law on Fire Prevention and Combating and Circular No. 08/2018/TT-BCA dated March 5, 2018, issued by the Minister of Public Security detailing certain provisions of Decree No. 83/2017/NĐ-CP dated July 18, 2017, issued by the Government regarding rescue operations of fire prevention and firefighting forces.

Article 1. Amending and supplementing some articles of Circular No. 149/2020/TT-BCA dated December 31, 2020, issued by the Minister of Public Security detailing certain provisions and implementing measures of the Law on Fire Prevention and Combating and the Law Amending and Supplementing Certain Provisions of the Law on Fire Prevention and Combating and Decree No. 136/2020/NĐ-CP dated November 24, 2020, issued by the Government detailing certain provisions and implementing measures of the Law on Fire Prevention and Combating and the Law Amending and Supplementing Certain Provisions of the Law on Fire Prevention and Combating (hereinafter referred to as Circular No. 149/2020/TT-BCA).

a) Amending and supplementing Point c Clause 2 as follows:

“Article 4. Documents for managing and monitoring fire prevention and firefighting activities

1. The documents for managing and monitoring fire prevention and firefighting activities of facilities listed in Appendix III issued together with Decree No. 50/2024/ND-CP dated May 10, 2024, of the Government amending and supplementing certain articles of Decree No. 136/2020/ND-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, and 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. 50/2024/ND-CP), shall be established and retained by the head of the facility, including:

a) Decision promulgating internal regulations, guiding documents on fire prevention and firefighting; decision assigning responsibilities and tasks in implementing fire prevention and firefighting work at the facility (if applicable);

b) Certificate of design approval, design review documents on fire prevention and firefighting, documents approving the results of fire prevention and firefighting acceptance inspections that have been issued;

c) Copy of the floor plan showing traffic routes, water sources for firefighting, functional layout of components, and production lines within the facility that have been approved by competent authorities (if applicable);

d) Decision establishing the fire prevention and firefighting team at the facility, specialized fire prevention and firefighting team as required by regulations;

đ) Certificate of training in fire prevention, firefighting, rescue operations issued by authorized public security agencies;

e) Firefighting plan for the facility approved by competent authorities; plans, reports on organizing drills of the firefighting plan for the facility;

g) Inspection records on fire prevention, firefighting, rescue operations conducted by competent authorities as stipulated in Point d Clause 3 Article 16 of Decree No. 136/2020/ND-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/ND-CP) and Point b Clause 8 Article 1 of Decree No. 50/2024/ND-CP; recommendations on fire prevention and firefighting; violation notices, administrative penalty decisions on fire prevention, firefighting, rescue operations; decisions temporarily suspending, suspending, and resuming operations issued by competent authorities (if applicable); reports on changes in fire safety conditions of the facility;

h) Reports on regular six-month fire prevention and firefighting inspection results of heads of facilities listed in Appendix III issued together with Decree No. 50/2024/ND-CP;

i) Reports on fires, explosions, incidents, accidents (if applicable); notifications of investigation and resolution results of fires by competent authorities (if applicable);

k) Certificates confirming compliance with conditions for operating fire prevention and firefighting services for facilities providing such services;

l) Certificates of mandatory fire and explosion insurance for facilities listed in the category of facilities with fire and explosion risks as specified in Appendix II issued together with Decree No. 67/2023/ND-CP dated September 6, 2023, of the Government on mandatory civil liability insurance for motor vehicle owners, mandatory fire and explosion insurance, and mandatory insurance for construction investment activities;

m) Records of results from grounding resistance tests against lightning, inspections of systems, equipment, and high-pressure pipelines as prescribed (if applicable).

2. The documents for managing and monitoring fire prevention and firefighting activities of facilities listed in Appendix IV issued together with Decree No. 50/2024/ND-CP shall be established and retained by the head of the facility, including the contents specified in Points a, b, c, đ, e, g, i, and Point m Clause 1 of this Article.

3. The head of the facility is responsible for organizing updates and supplements to the documents for managing and monitoring fire prevention and firefighting activities of the facility.”

2. Amend and supplement Clause 1 of Article 8 as follows:

“1. The head of the facility, owner of special-purpose motor vehicles requiring fire safety assurance, household head, and forest owner as specified in Point a and Point b Clause 3 Article 16 of Decree No. 136/2020/ND-CP shall organize regular inspections on fire safety within their management scope based on actual operational conditions and fire safety requirements. The inspection content shall be carried out according to the provisions in Points a, b, and Point d Clause 2 Article 16 of Decree No. 136/2020/ND-CP and Point a Clause 8 Article 1 of Decree No. 50/2024/ND-CP.”

"7. Directing, inspecting, and guiding the police at the commune level on registration and management of residence; guiding registration to ensure community reintegration for individuals who have completed serving prison sentences and reside in the locality; managing, operating, and utilizing the Database on Residence."

"1. Authority to approve firefighting plans

a) Head of the Provincial Public Security Department's Fire Prevention, Firefighting, and Rescue Division approves firefighting plans for public security agencies for facilities with fire and explosion risks, high-risk residential areas for fires and explosions within their assigned firefighting and rescue operation areas, and firefighting plans for facilities listed in Appendix III issued together with Decree No. 50/2024/ND-CP under their jurisdictional management;

b) Head of the County Public Security Department approves firefighting plans for public security agencies for facilities with fire and explosion risks, high-risk residential areas for fires and explosions within their assigned firefighting and rescue operation areas, and firefighting plans for facilities listed in Appendix III issued together with Decree No. 50/2024/ND-CP under their jurisdictional management;

c) Chairman of the People's Committee of the Commune approves firefighting plans for residential areas under their management;

d) Head of the facility listed in Appendix IV issued together with Decree No. 50/2024/ND-CP approves firefighting plans for facilities under their management;

đ) Owner of special-purpose motor vehicles requiring fire safety assurance approves firefighting plans for motor vehicles under their management.

Within five working days from the date of receiving complete and valid files as prescribed in point b, Clause 11, Article 1 of Decree No. 50/2024/NĐ-CP, the Head of the Fire Prevention, Firefighting, and Rescue Department of the Provincial Police, or the Head of the District Police, depending on their authority, shall be responsible for examining, approving, and filing the fire extinguishing plan of the facility that has been approved; in case of non-approval, they must issue a written response specifying the reasons.

4. Amend and supplement Article 10 as follows:

“Article 10. Time limit for practicing fire extinguishing plans

1. Fire extinguishing plans of facilities under fire prevention and firefighting management, residential areas, and motor vehicles with special requirements for ensuring fire safety must be organized to practice at least once a year and practiced urgently when there is a need to ensure fire safety for special political, economic, cultural, and social events held locally. Each time practicing a fire extinguishing plan may involve one or more different scenarios, but it must ensure that all scenarios in the plan are sequentially organized for practice.

2. Fire extinguishing plans of public security agencies shall be organized to practice upon request of the authorized person who approves the fire extinguishing plan. Before organizing the practice of the fire extinguishing plan, the public security agency responsible for organizing the practice must notify in writing the Chairman of the People's Committee of the commune, the head of the facility where the practice will take place at least five working days before the practice date and send requests to mobilize forces and equipment to relevant agencies, organizations, households, and individuals participating in the practice at least five working days before the practice date.

5. Amend and supplement Article 13 as follows:

“Article 13. Establishment of specialized fire prevention and firefighting teams

The following facilities shall establish specialized fire prevention and firefighting teams:

1. Facilities specified in points a, b, c, d, and đ of Clause 3, Article 44 of the Law on Fire Prevention and Fighting, amended and supplemented in Clause 25, Article 1 of the Law Amending and Supplementing Certain Provisions of the Law on Fire Prevention and Fighting.

2. National-level storage warehouses; oil storage tanks and petroleum product storage tanks with a total capacity of 15,000 m³ or more; hydropower plants with a capacity of 300 MW or more; thermal power plants with a capacity of 200 MW or more; fertilizer production facilities with an annual production capacity of 180,000 tons or more; industrial zones, export processing zones, high-tech parks, and industrial clusters with an area of 50 hectares or more. In cases where facilities or industrial zones, export processing zones, high-tech parks, and industrial clusters within the same compound or adjacent to each other and directly managed and operated by one entity, only one specialized fire prevention and firefighting team shall be established.³6. Amend and supplement Article 15 as follows:

Article 15. Inspection labels for fire prevention and firefighting equipment

“1. Inspection labels shall be affixed to fire prevention and firefighting equipment listed in Appendix VII issued together with Decree No. 50/2024/NĐ-CP which have been inspected and issued a Certificate of Inspection for Fire Prevention and Firefighting Equipment:

a) Label type A shall be affixed to the following types of equipment: Fire pumps; containers (tanks, drums, bottles, cans) containing fire-extinguishing agents as specified in Item 3 of Appendix VII issued together with Decree No. 50/2024/NĐ-CP;

b) Label type B shall be affixed to the following types of equipment: Fire hoses; fire nozzles; hose couplings, water hydrants for firefighting;

c) Label type C shall be affixed to the following types of equipment: Central alarm panels, various types of smoke detectors, fire alarms, emergency lights, push buttons for alarms; control cabinets for automatic fire suppression systems using gases; horns, sirens, warning lights for releasing fire-extinguishing agents, push buttons for releasing fire-extinguishing agents; evacuation direction signs, emergency lighting;

d) Label type D shall be affixed to the following types of equipment: Alarm valves, overflow valves of fire suppression systems; metal pipes and pipe fittings used in indoor water supply systems for firefighting or in automatic water-based fire suppression systems, flexible hoses used for fire nozzles;

đ) Label type E shall be affixed to the following types of equipment: Various types of fire extinguishers; cylinders containing fire-extinguishing gases;

e) Label type G shall be affixed to various types of fire-extinguishing agent spray heads.

2. Management, printing, and distribution of inspection labels for fire prevention and firefighting equipment

a) Inspection labels for fire prevention and firefighting equipment shall be printed according to Model No. 03 stipulated in the Appendix issued together with Circular No. 149/2020/TT-BCA and shall be printed and distributed by technical units of the Ministry of Public Security.

b) Provincial and centrally-administered city police shall register the quantity of labels needed to print; implement the affixing of inspection labels for fire prevention and firefighting equipment;

c) The Fire Prevention, Firefighting, and Rescue Service Bureau shall guide and inspect the use and affixing of inspection labels for fire prevention and firefighting equipment.

7. Amend and supplement Clause 2 of Article 16 as follows:

“2. Facilities listed in Appendix III issued together with Decree No. 50/2024/NĐ-CP (which require the installation of automatic fire detection and suppression systems according to technical standards and regulations) shall complete the online database update on fire prevention and firefighting and connect to the accident reporting system as prescribed in Article 12 of Circular No. 149/2020/TT-BCA when the information infrastructure as stipulated in Clause 3 of Article 11 of Circular No. 149/2020/TT-BCA is guaranteed and in accordance with the guidance of the Fire Prevention, Firefighting, and Rescue Service Bureau.”

“2. The facilities listed in Appendix III issued together with Decree No. 50/2024/NĐ-CP (which require the installation of automatic fire alarm and extinguishing systems or equipment according to technical standards and regulations) shall complete the update of online fire prevention and firefighting database and connection for transmitting incident notifications as stipulated in Article 12 of Circular No. 149/2020/TT-BCA when the information infrastructure as provided for in Clause 3 of Article 11 of Circular No. 149/2020/TT-BCA is ensured and in accordance with the guidance of the Fire Prevention and Fighting, Rescue Police Corps.”

Article 2. Amend and supplement some Articles of Circular No. 08/2018/TT-BCA dated March 5, 2018, issued by the Minister of Public Security detailing certain provisions of Decree No. 83/2017/NĐ-CP dated July 18, 2017, of the Government on rescue and firefighting operations (hereinafter referred to as Circular No. 08/2018/TT-BCA). Article 6. Inspection of conditions ensuring safety for rescue and firefighting operations by public security agencies. 1. Public security agencies shall conduct inspections of conditions ensuring safety for rescue and firefighting operations in accordance with Clause 3, Article 2 of Decree No. 50/2024/NĐ-CP.

1. Amend and supplement Article 6 as follows:

“2. The inspection of conditions ensuring safety for rescue and firefighting operations for facilities shall be combined with inspections for fire prevention and firefighting.

2. Amend and supplement Point d, Clause 1, Article 10 as follows:

“d) Statistics on the number of rescue and firefighting incidents, rescue and firefighting operations, and other contents related to rescue and firefighting activities;”

Article 3. Amend and supplement phrases, abolish some clauses under Articles in Circular No.

149/2020/TT-BCA and Circular No.

08/2018/TT-BCA. 1. Replace the phrase "Appendix III promulgated together with Decree No. 136/2020/NĐ-CP" at Article 7 of Circular No. 149/2020/TT-BCA with the phrase "Appendix III promulgated together with Decree No. 50/2024/NĐ-CP". 2. Abolish Clause 1, Article 4, Clause 4, Article 7, Point d, Clause 1, Article 9, and Clause 2, Article 14 of Circular No. 08/2018/TT-BCA.

This Circular takes effect from August 24, 2024.

During the implementation of this Circular, if there are difficulties or obstacles, public security units, localities, agencies, organizations, and individuals shall report to the Ministry of Public Security (through the Fire Prevention and Fighting Police Department) for timely guidance./.

Article 4. Effective date

This Circular takes effect from August 24, 2024.

Article 5. Responsibilities for Implementation

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

2. Heads of units under the Ministry, Directors of Provincial Public Security Departments, and organizations and individuals related thereto shall be responsible for implementing this Circular.

During the implementation of this Circular, if there are difficulties or obstacles, public security units at all levels, agencies, organizations, and individuals shall report to the Ministry of Public Security (through the Fire Prevention and Fighting, Rescue Police Corps) for timely guidance./.