Decree No. 46/2012/ND-CP amending and supplementing certain articles of Decree No. 35/2003/ND-CP dated April 4, 2003 detailing the implementation of some provisions of the Law on Fire Prevention and Fighting and Decree No. 130/2006/ND-CP dated November 8, 2006 on compulsory fire and explosion insurance.

DECREE

Amending and supplementing some articles of Decree No. 35/2003/NĐ-CP dated April 4, 2003 detailing the implementation of certain provisions of the Law on Fire Prevention and Fighting and Decree No. 130/2006/NĐ-CP dated November 8, 2006 stipulating compulsory fire and explosion insurance regimes.

Detailing the implementation of certain provisions of the Law on Fire Prevention and Fighting and Decree No. 130/2006/NĐ-CP dated November 8, 2006 stipulating compulsory fire and explosion insurance regimes.

ngày 08 tháng 11 năm 2006 quy định chế độ bảo hiểm cháy, nổ bắt buộc

______________________________

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Fire Prevention and Fighting dated June 29, 2001;

Considering the proposal of the Minister of Public Security;

The Government promulgates this Decree amending and supplementing some articles of Decree No. 35/2003/NĐ-CP dated April 4, 2003 detailing the implementation of certain provisions of the Law on Fire Prevention and Fighting and Decree No. 130/2006/NĐ-CP dated November 8, 2006 stipulating compulsory fire and explosion insurance regimes.

Article 1. Amending and supplementing some articles of Decree No. 35/2003/NĐ-CP dated April 4, 2003 detailing the implementation of certain provisions of the Law on Fire Prevention and Fighting (hereinafter referred to as Decree No. 35/2003/NĐ-CP)

1. Clause 3 of Article 9 shall be amended and supplemented as follows:

"3. The fire prevention and fighting safety conditions prescribed in Clause 1 of this Article must be implemented and maintained throughout the operation period.

For facilities specified in Appendix 2 of this Decree, before commencing operations, the head of the facility must submit a written notification committing to the competent fire prevention and fighting police agency regarding the fulfillment of all fire prevention and fighting conditions; at the same time, attach the following documents and materials proving the fulfillment of all fire prevention and fighting safety conditions:

- A copy of the "Fire Prevention and Fighting Approval Certificate" and the acceptance certificate for fire prevention and fighting;

- A list of fire prevention and fighting equipment and rescue equipment installed in the facility;

- Decision establishing the fire prevention and fighting team of the facility along with a list of personnel who have been trained in fire prevention and fighting;

- Fire fighting plan;

- Copies of regulations, internal rules, prohibition signs, warning signs, fire prevention and fighting diagrams or evacuation guidance signs suitable for the characteristics and nature of the facility's activities;

- Regulations on the division of responsibilities and tasks for fire prevention and fighting within the facility;

- Technical safety procedures for fire prevention and fighting suitable for the characteristics and nature of the facility's activities.

The Ministry of Public Security shall specify the format of the written notification committing, types of documents and materials to be attached, and the process of receiving the written notification committing from the fire prevention and fighting police agency."

2. Clause 2 of Article 12 shall be amended and supplemented as follows:

"2. Special requirements for ensuring fire safety in motor vehicles include passenger ships, oil tankers, and vessels transporting flammable liquids, flammable gases, explosives, and dangerous chemicals when newly manufactured or converted must undergo fire prevention and fighting approval and acceptance. Before commencing operations, the owner of the vehicle must submit a written notification committing to the competent fire prevention and fighting police agency regarding the fulfillment of all fire prevention and fighting conditions; at the same time, attach the following documents and materials proving the fulfillment of all fire prevention and fighting conditions:

- A copy of the "Fire Prevention and Fighting Approval Certificate" and the acceptance certificate for fire prevention and fighting;

- Copies of regulations, internal rules, prohibition signs, warning signs, fire prevention and fighting diagrams or evacuation guidance signs suitable for the characteristics and nature of the vehicle's activities;

- A copy of the certificate confirming completion of fire prevention and fighting training issued by the competent fire prevention and fighting police agency for the person operating the vehicle;

- A list of fire prevention and fighting equipment and rescue equipment installed in the vehicle.

3. Article 16 is amended and supplemented as follows:

Article 16. Design and design approval for fire prevention and fighting

1. Projects, planning designs, investment projects, and new construction, renovation, or change of use of buildings and building components (hereinafter collectively referred to as projects and buildings) funded from all sources must comply with technical standards and regulations on fire prevention and fighting.

The preparation of projects and designs specified in Appendices 3 and 3a of this Decree must be carried out by design consulting units with sufficient capacity and legal personality.

2. Projects and buildings specified in Appendix 3 of this Decree, when newly constructed, renovated, or changed in use, must undergo fire prevention and fighting design approval by the fire prevention and fighting police agency according to Clause 6 of this Article.

3. Projects and buildings specified in Appendix 3a of this Decree and buildings requiring construction permits under project management regulations, when newly constructed, renovated, or changed in use, must self-assess fire prevention and fighting design contents according to technical standards and regulations on fire prevention and fighting during project approval, design approval, and issuance of construction permits. For projects and buildings where difficulties arise in specialized fire prevention and fighting assessment, the construction permit issuing authority or project and design approving authority should seek additional opinions from the fire prevention and fighting police agency in writing.

For projects and buildings specified in Appendix 3a of this Decree, before being put into use, the investor must submit a written notification committing to the fire prevention and fighting police agency that the project has been assessed, approved, and accepted for fire prevention and fighting according to the law.

4. Projects and buildings not included in the list specified in Appendices 3 and 3a of this Decree, when newly constructed, renovated, or changed in use, still need to ensure fire prevention and fighting requirements according to technical standards and regulations on fire prevention and fighting but are not required to undergo fire prevention and fighting design approval.

5. The review, examination, and approval regarding fire prevention and firefighting for projects and design plans must comply with the provisions set forth in Clauses 1, 2, 3, and 4 of Article 13; for construction project designs, they must comply with the provisions set forth in Clauses 1, 2, 3, 4, 5, and 6 of Article 14 of this Decree. The results of the review and examination of the design for fire prevention and firefighting are among the bases for considering, approving projects, designs, and issuing construction permits.

6. The review of the design for fire prevention and firefighting for projects and constructions specified in Appendix 3 of this Decree shall be carried out as follows:

a) For planning design projects, the Fire Prevention and Fighting Police Department shall issue a written response regarding fire prevention and firefighting solutions for the detailed planning design documents at a scale of 1:500.

b) For projects and constructions that have two or more design stages, the Fire Prevention and Fighting Police Department shall issue a written opinion on fire prevention and firefighting solutions for the basic design documents and review the fire prevention and firefighting for technical design documents or construction drawing design documents.

c) For projects and works with only one design stage, the Fire Prevention and Fighting Police Department shall review the fire prevention and firefighting for the construction drawing design documents. Constructions listed in Points 13, 14, and 19 of Appendix 3 of this Decree must obtain a written approval from the Fire Prevention and Fighting Police Department regarding the construction site before proceeding with the design work.

7. The documents submitted for the review of fire prevention and firefighting for projects and constructions specified in Appendix 3 of this Decree consist of two sets, confirmed by the investor. If the documents are in a foreign language, they must include a Vietnamese translation of the explanatory section. The entity requesting the review shall be responsible for the accuracy of the translation. The documents include:

a) For project design documents:

- A written request for consideration and comments on fire prevention and firefighting solutions from the reviewing and approving authority or the investor; if the investor delegates another entity to carry out the task, a delegation letter must be attached;

- Detailed planning documents at a scale of 1:500 showing the required fire prevention and firefighting solutions as stipulated in Clauses 1, 2, 3, and 4 of Article 13 of this Decree.

b) For basic design documents:

- A written request for consideration and comments on fire prevention and firefighting solutions from the reviewing and approving authority or the investor; if the investor delegates another entity to carry out the task, a delegation letter must be attached;

- A copy of the investment approval document from the competent authority;

- Design drawings and explanations showing the required fire prevention and firefighting solutions as stipulated in Clauses 1, 2, 3, 4, 5, and 6 of Article 14 of this Decree.

c) For location approval documents:

- A written request for inspection and approval of the construction site for fire prevention and firefighting from the investor, clearly stating the scale, nature, hazardous characteristics of the planned construction, and the suitability of the proposed construction land;

- Copies of documents confirming land use rights or ownership of buildings and constructions;

- Drawings and documents clearly showing the current topography related to fire prevention and firefighting such as: fire resistance levels of constructions, distances from the planned construction to surrounding constructions, wind direction, height of constructions.

d) For technical design or construction drawing design documents:

- A written request for review of fire prevention and firefighting from the investor; if the investor delegates another entity to carry out the task, a delegation letter must be attached;

- Copies of investment permission documents from the competent authority or planning certificates or documents confirming land use rights;

- Design drawings and explanations showing the required fire prevention and firefighting solutions as stipulated in Clauses 1, 2, 3, 4, 5, and 6 of Article 14 of this Decree.

8. The time limit for the review of fire prevention and firefighting for projects and constructions specified in Appendix 3 of this Decree shall be calculated from the date when complete valid documents are received, specifically as follows:

a) For planning projects: Not exceeding ten working days;

b) For basic design documents: Not exceeding ten working days for Class A projects; not exceeding five working days for Class B and Class C projects;

c) For location approval: Not exceeding five working days;

d) For technical design or construction drawing design reviews: Not exceeding fifteen working days for Class A projects and constructions; not exceeding ten working days for Class B and Class C projects and constructions.

Classification of Group A, B, and C projects and constructions mentioned above shall be carried out in accordance with the Government's regulations on project management for construction works.

9. The Ministry of Public Security and relevant ministries and sectors shall promulgate standards and technical regulations on fire prevention and firefighting for different types of constructions; coordinate with the Ministry of Construction to guide the contents, procedures for review, examination, and approval of fire prevention and firefighting designs in construction. The Ministry of Construction shall coordinate with the Ministry of Public Security to guide the qualifications of organizations and individuals involved in fire prevention and firefighting activities in construction.

10. The Ministry of Finance, in collaboration with the Ministry of Public Security, shall regulate the collection and use of fees for fire prevention and firefighting reviews. The fee for fire prevention and firefighting review shall be included in the project's investment capital.

(i) Loans and financial leasing (including loans and financial leasing to other credit institutions and branches of foreign commercial banks in Vietnam), except:

"Article 17. Responsibilities of investors, project consulting units, construction supervision units, design consulting units, construction contractors, project approval authorities, construction permit issuing authorities, and fire prevention and firefighting police departments in investment and construction of projects.

1. Responsibilities of the Project Owner:

a) Ensuring the establishment of projects and designs in accordance with Clause 1 of Article 16 of this Decree. Submitting the design review documents for fire prevention and firefighting to the fire prevention and firefighting police department for projects and constructions specified in Appendix 3 of this Decree;

b) Examining and approving fire prevention and firefighting designs for projects and constructions specified in Appendix 3a of this Decree;

c) Organizing construction, inspecting, and supervising construction in accordance with approved fire prevention and firefighting designs. In case of changes in the design and fire prevention and firefighting equipment during construction, an explanation or supplementary design must be provided and re-reviewed and approved."

d) Ensure fire safety and firefighting for the construction project throughout the construction process until acceptance and commissioning;

đ) Organize the inspection and acceptance regarding fire safety and firefighting. For projects and constructions specified in Appendix 3 of this Decree, before putting into use, the investor must notify in writing to the Fire Prevention and Fighting Police Department that had previously reviewed and approved to conduct the inspection and acceptance regarding fire safety and firefighting;

e) For projects and constructions specified in Appendix 3a of this Decree, before putting into use, the investor must notify in writing and commit to the Fire Prevention and Fighting Police Department that the construction has been reviewed and approved in design and inspected and accepted regarding fire safety and firefighting in accordance with the provisions of the law;

The Ministry of Public Security shall specify the model of the notification letter of commitment from the investor;

2. Responsibilities of the design consulting unit:

a) Design ensuring all requirements for fire safety and firefighting; bear responsibility for the quality of the design product during the construction and use of the project;

b) Supervise the author during the construction process of the project;

c) Participate in acceptance of fire prevention and fighting.

3. Responsibilities of the construction contractor:

a) Construct strictly according to the approved fire safety and firefighting design;

b) Ensure fire safety and firefighting within their management scope throughout the construction process until handover;

c) Prepare completion files, documents, and conditions to serve the inspection and participate in the acceptance of the project;

4. Responsibilities of the project management consulting unit and construction supervision unit:

Bear legal responsibility to the investor for implementing fire prevention and fighting contents as committed in the contract signed between the investor and the consulting unit.

5. Responsibilities of the project approval authority and construction permit issuing authority:

a) The project approval authority is responsible for organizing the review and approval of fire safety and firefighting content before approving the project. For projects and constructions specified in Appendix 3 of this Decree, prior to approval, there must be a written consent from the Fire Prevention and Fighting Police Department in accordance with regulations;

b) The construction permit issuing authority is responsible for requiring the investor to present the fire safety and firefighting review document from the Fire Prevention and Fighting Police Department for projects and constructions specified in Appendix 3 of this Decree, and the review and approval document of the design for fire safety and firefighting from the investor for projects and constructions specified in Appendix 3a of this Decree;

6. Responsibilities of firefighting police agencies:

a) Examine and respond to fire prevention and firefighting solutions in planning design documents and basic design documents; review fire safety and firefighting for technical design documents or construction drawings of projects and constructions specified in Appendix 3 of this Decree;

b) Examine and respond to fire prevention and firefighting solutions for projects and constructions when requested by the investor in accordance with Clause 3, Article 16 of this Decree;

c) Inspect fire protection equipment and firefighting equipment before installation; check fire safety during the construction process;

d) Conduct inspection and acceptance regarding fire safety and firefighting for projects and constructions within their authority;"

5. Article 22 is amended and supplemented as follows:

"Article 22. Firefighting Plan

1. The firefighting plan must satisfy the following basic requirements and contents:

a) Describe the nature, characteristics, and dangers of fires, explosions, toxicity, and related conditions affecting firefighting activities;

b) Propose the most complex fire scenario and some other typical fire scenarios that may occur, along with the potential development of fires at different levels;

c) Propose plans to mobilize and utilize forces, means, command organization, technical measures, firefighting tactics, and support tasks suitable for each stage of each fire scenario.

2. Responsibilities for developing the firefighting plan

a) The head of the facility, village chief, neighborhood chief, village chief, community group leader, forest owner, special-purpose vehicle owner who have requirements for fire safety and firefighting shall be responsible for organizing the development of the firefighting plan using local forces and means within their management scope (commonly referred to as the facility's firefighting plan);

The Chairman of the People's Committee of the commune, the head of facilities listed in Point b Clause of this Article shall be responsible for coordinating with the Fire Prevention and Fighting Police Department to develop the firefighting plan for residential areas and facilities under their management in accordance with the guidelines of the Ministry of Public Security;

b) The Fire Prevention and Fighting Police Department shall be responsible for developing the firefighting plan for facilities and residential areas requiring mobilization of forces and means of the Fire Prevention and Fighting Police Department and multiple agencies and organizations or multiple regions (commonly referred to as the Fire Prevention and Fighting Police Department's firefighting plan);

The Ministry of Public Security shall specify the list of premises and residential areas for which the Fire Prevention and Fighting Police Department is responsible for developing firefighting plans.

c) The firefighting plan must be timely supplemented and adjusted when there are changes in the nature, characteristics, dangers of fires, explosions, toxicity, and related conditions affecting firefighting activities;

3. Authority to approve the firefighting plan

a) The Chairman of the People's Committee of the commune, the head of agencies and organizations approve the firefighting plan for facilities not included in Appendix 1 of this Decree;

b) The Head of the Fire Prevention and Fighting Police Department under the Provincial Public Security Department approves the firefighting plan for facilities specified in Appendix 1 of this Decree; the firefighting plan developed by the Fire Prevention and Fighting Police Department involving mobilization of forces and means of the Fire Prevention and Fighting Police Department and multiple agencies and organizations within the jurisdictional area; in exceptional cases, it is approved by the Director of the Provincial Public Security Department;

c) The Head of the Fire Prevention and Fighting Police Department under the Provincial Fire Prevention and Fighting Police Department approves the firefighting plan for facilities specified in Appendix 1 of this Decree within the jurisdictional area; the firefighting plan developed by the Fire Prevention and Fighting Police Department involving mobilization of forces and means of the Fire Prevention and Fighting Police Department within its authority, and multiple agencies and organizations within the jurisdictional area;

d) The Director of the Provincial Fire Prevention and Fighting Police Department approves the firefighting plan developed by the Fire Prevention and Fighting Police Department involving mobilization of forces and means of subordinate Fire Prevention and Fighting Police Departments, and multiple agencies and organizations within the jurisdictional area;

d) The Chairman of the Provincial People's Committee approves the firefighting plan involving mobilization of forces and equipment from the Military.

e) The Director of the Fire Prevention and Fighting Police Department approves the firefighting plan involving mobilization of forces and equipment from multiple provinces and centrally-administered cities; in necessary cases, report to the Minister of Public Security or the authorized person for approval; in special cases, the Minister of Public Security reports to the Prime Minister for approval.

4. Procedures and deadlines for approving firefighting plans:

a) Procedures for approving firefighting plans:

After completing the establishment of the firefighting plan for premises listed in Appendix 1 of this Decree, the responsible person for organizing the construction of the plan shall sign and stamp it, prepare a file requesting approval, and submit it to the competent authority for approval.

The file requesting approval of the firefighting plan consists of one set. The file includes one request for approval of the firefighting plan accompanied by two copies of the firefighting plan that have been reviewed, signed, and stamped by the responsible person for organizing the construction of the plan.

Within the time limit specified in Point b of this Clause, the authority responsible for approving the firefighting plan shall organize the examination of information related to the content of the plan to consider and decide on approval or issue a document requesting supplementation or revision of the firefighting plan.

b) The deadline for approving firefighting plans for premises listed in Appendix 1 of this Decree is calculated from the date of receipt of complete and valid files, as follows:

- Firefighting plan approved by the Head of the Fire Prevention and Fighting Police Department: Not exceeding seven working days;

- Firefighting plan approved by the Director of the Fire Prevention and Fighting Police Department, the Chairman of the Provincial People's Committee, or the Director of the Fire Prevention and Fighting Police Department: Not exceeding ten working days.

5. The firefighting plan established according to Point a of Clause 2 of this Article shall be managed at the premises and sent to the local Fire Prevention and Fighting Police Unit; the firefighting plan established according to Point b of Clause 2 of this Article shall be managed at the Fire Prevention and Fighting Police Unit and sent to the premises and the People's Committee of the commune where the plan was established. Organizations and agencies with forces and equipment participating in the plan shall be informed of the contents related to their tasks.

6. Regulations and responsibilities for organizing drills of firefighting plans

a) The firefighting plan established according to Point a of Clause 2 of this Article shall be organized for drills at least once a year and ad hoc drills when required;

b) The firefighting plan established according to Point b of Clause 2 of this Article shall be organized for drills when required;

c) The head of organizations and agencies, and the Chairman of the Commune People's Committee shall be responsible for organizing drills of firefighting plans. For plans prescribed in this Point b before organizing drills, there must be a unified exchange with the Fire Prevention and Fighting Police Unit to mobilize forces and equipment to participate;

d) Forces and equipment included in the firefighting plan, when mobilized for drills, must fully participate.

7. The Fire Prevention and Fighting Police Unit shall be responsible for guiding, inspecting the establishment, drills, management, and use of firefighting plans;

8. The Ministry of Public Security shall specify the model of firefighting plans for premises and the model of firefighting plans for the Fire Prevention and Fighting Police Unit; and specify the specific responsibilities of relevant units and individuals when the Fire Prevention and Fighting Police Unit establishes firefighting plans and the drill system for firefighting plans established by the Fire Prevention and Fighting Police Unit."

6. Clause 5 of Article 46 is amended and supplemented as follows:

"5. Conducting review and acceptance regarding fire prevention and fighting for construction projects, buildings, and motor vehicles requiring special safety measures for fire prevention and fighting; inspecting fire prevention and fighting equipment, means, and flammable materials."

7. Item 15 of Appendix 1 promulgated together with Decree No. 35/2003/ND-CP is amended and supplemented as follows:

"15. Subway projects; railway tunnels over 2,000 meters long; road tunnels over 600 meters long; coal mining and other flammable mineral extraction tunnels; underground facilities involved in production, storage, and use of flammable and explosive substances with a volume of 1,000 cubic meters or more."³ trở lên."

8. The title of Appendix 2 promulgated together with Decree No. 35/2003/ND-CP is amended and supplemented as follows:

"Appendix 2: List of premises required to submit a notification of commitment to ensure fire safety conditions before operation."

9. Appendix 3 promulgated together with Decree No. 35/2003/ND-CP is amended and supplemented as follows:

"Appendix 3: List of projects and constructions subject to design review for fire prevention and fighting by the Fire Prevention and Fighting Police Unit:

1. New urban planning projects or renovation projects for residential areas, economic zones, industrial parks, export processing zones, high-tech parks, and new or renovated infrastructure projects related to fire prevention and fighting in residential areas, economic zones, industrial parks, export processing zones, and high-tech parks under the approval authority of provincial-level or higher authorities.

2. Apartment buildings, residential buildings, and other buildings over nine floors.

3. Hospitals, health centers, medical centers, and healthcare facilities with more than 50 beds.

4. Schools, educational institutions with a volume of 10,000 cubic meters or more; kindergartens and primary schools with 200 children or more.³ trở lên; nhà trẻ, mẫu giáo có từ 200 cháu trở lên.

5. Solid markets, shopping centers, supermarkets, and stores with 300 or more traders or a total sales area of 1,200 square meters or more.² or more.

6. Rạp hát, rạp chiếu phim, hội trường, nhà văn hóa có thiết kế từ 300 chỗ ngồi trở lên; nhà thi đấu thể thao trong nhà có từ 1.000 chỗ ngồi trở lên, sân vận động ngoài trời có từ 10.000 chỗ ngồi trở lên; vũ trường, câu lạc bộ, cơ sở dịch vụ chơi giải trí đông người có khối tích từ 1.500 mét khối trở lên;³ 6. Theaters, cinemas, conference halls, cultural houses with a seating capacity of 300 or more; indoor sports stadiums with a seating capacity of 1,000 or more, outdoor stadiums with a seating capacity of 10,000 or more; nightclubs, clubs, and large entertainment service facilities with a volume of 1,500 cubic meters or more; other public facilities with a volume of 3,000 cubic meters or more.³ or more.

7. Khách sạn, nhà khách, nhà nghỉ, nhà trọ cao từ 7 tầng trở lên hoặc có khối tích từ 10.000 mét khối trở lên;³ or more.

7. Hotels, guesthouses, hostels, and boarding houses over seven floors or with a volume of 10,000 cubic meters or more.³ 8. Administrative buildings, office buildings over seven floors or with a volume of 10,000 cubic meters or more; offices of provincial-level or higher government agencies and political and social organizations.

9. Museums, libraries, exhibitions, display houses, storage houses at provincial level or higher.

10. Houses and buildings belonging to scientific and technological research facilities with seven floors or more or having a volume of 10,000 m³ or more.³ or more.

11. Radio and television stations, postal and telecommunications facilities at provincial level or higher. Command, control, operation, and management centers at regional and national scales in relevant fields.

12. Airports, seaports, railway stations, bus terminals at special, first, second, and third levels; seaports at special, first, second, and third levels according to the National Technical Regulations on Classification and Grading of Civil, Industrial Construction Projects and Urban Infrastructure.

13. Gasoline and gas stores.

14. Facilities for oil import, processing, storage, transportation, natural gas, and industrial explosives.

15. Industrial and handicraft production buildings classified as fire and explosion hazard categories A and B with a volume of 1,000 m³ or more.³ or more.

16. Industrial and handicraft production buildings classified as fire and explosion hazard categories C, D, and E with a volume of 5,000 m³ or more.³ or more.

17. Warehouses storing flammable goods or containers with a volume of 2,500 m³ or more.³ or more.

18. Power plants with a capacity of 20 MW or more; substations with a voltage of 110 kV or more.

19. Security and defense projects with fire and explosion hazards or special protection requirements.

20. Subway projects; railway tunnels longer than 2,000 m; road tunnels longer than 600 m; underground projects with production, storage, and use of flammable and explosive materials and a volume of 1,000 m³ or more.³ or more.

10. Supplement Appendix 3a as follows:

"Appendix 3a: List of projects and constructions that must be reviewed for fire prevention and firefighting design by construction management agencies and investors before being put into use, and the investor must submit a commitment notification letter to the Fire Prevention and Fighting Police Department:

1. New urban planning projects or urban renovation projects, technical infrastructure projects related to fire prevention and firefighting in cities, residential areas, economic zones, industrial zones, export processing zones, high-tech zones under the approval authority of the district level.

2. Collective housing, apartment buildings, and other types of housing from five to eight floors.

3. Hospitals, health resorts, medical centers, healthcare facilities with a scale of 25 to 50 beds.

4. Schools, educational institutions with classroom volumes from 5,000 m³³ to less than 10,000 m³³; kindergartens and primary schools with 100 to less than 200 children.

5. Solid and semi-solid markets, shopping centers with fewer than 300 trading households or a total stall area of less than 1,200 m².².

6. Theaters, cinemas, conference halls, cultural houses designed for 200 to less than 300 seats; indoor sports venues with 200 to less than 1,000 seats, outdoor stadiums with less than 10,000 seats; nightclubs, clubs, entertainment service facilities with a volume of less than 1,500 m³³ and other public facilities with a volume from 1,000 m³³ to less than 3,000 m³³.

7. Hotels, guesthouses, inns, hostels from five to six floors or with a volume of 5,000 m³³ to less than 10,000 m³³.

8. Administrative buildings, workplaces with less than seven floors or with a volume of 5,000 m³³ to less than 10,000 m³³; administrative buildings of county-level government agencies and social political organizations.

9. Libraries and archives with a storage capacity of 10,000 to less than 500,000 books and documents; exhibition houses with an area of 300 m²² to less than 10,000 m³²; museums managed by the county.

10. Buildings belonging to scientific and technological research facilities from five to six floors or with a volume of 5,000 m³³ to less than 10,000 m³³.

11. Radio and television stations, postal and telecommunications facilities managed by the county.

12. Seaports at the fourth level and airports, seaports, railway stations, and bus terminals at the fourth level according to the National Technical Regulations on Classification and Grading of Civil, Industrial Construction Projects and Urban Infrastructure.

13. Warehouses storing flammable goods or containers with a volume of 1,000 m³³ to 2,500 m³³.

14. Industrial and handicraft production buildings classified as production category A and B with a volume of 500 m³³ to less than 1,000 m³³; category C and D with a volume of 2,000 m³³ to less than 5,000 cubic meters³.

15. Power plants with a capacity below 20 MW; substations from 35 kV to less than 110 kV."

Article 2. Amend and supplement some articles of Decree No. 130/2006/NĐ-CP dated November 8, 2006 on compulsory fire and explosion insurance as follows:

1. Clause 2 of Article 13 is amended and supplemented as follows:

"2. Comply with the provisions of the laws on fire prevention and fighting."

2. Clause 2 of Article 14 is amended and supplemented as follows:

"2. Refuse to sell compulsory fire and explosion insurance in the following cases:

a) The facility has not been inspected for fire prevention and fighting when newly constructed, renovated, or changed in nature of use;

b) The facility does not have a fire prevention and fighting inspection report from the Fire Prevention and Fighting Police Department or the inspection report has exceeded one year from the date of issuance to the date of purchasing compulsory fire and explosion insurance;

c) The facility is suspended or temporarily suspended from operation due to serious violations of fire prevention and fighting regulations."

“Article 15. Violations of regulations on the operation of irrigation works

"2. Sell compulsory fire and explosion insurance when the insured party requests it in writing, except in the cases provided for in Clause 2 of Article 14 of this Decree."

4. Clause 2 of Article 16 is amended and supplemented as follows:

"2. Every six months, the insurance company transfers the amount of funds collected according to Clause 1 of Article 16 of this Decree into the account of the Fire Prevention and Fighting Police Department opened by the Ministry of Public Security at the State Treasury Central Office to create additional annual funding sources for fire prevention and fighting activities.

The Ministry of Finance shall provide detailed guidance on the content of expenditures, management mechanisms, allocation, payment, and settlement of this source of funds."

5. Article 18 is amended and supplemented as follows:

"Article 18. Responsibilities of the Ministry of Public Security

1. Guide the inspection of fire safety and the implementation of fire prevention and fighting regulations for facilities required to purchase compulsory fire and explosion insurance.

2. Receive, manage, use, and settle accounts for contributions to fire prevention and fighting activities obtained from compulsory fire and explosion insurance in accordance with the law."

Article 3. Effectiveness

This Decree takes effect from July 15, 2012.

Article 4. Responsibilities for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government-attached agencies, Chairpersons of provincial People's Committees under the central city shall be responsible for implementing this Decree./.