Decree No. 50/2024/ND-CP Amending and supplementing some 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 articles of the Law on Fire Prevention and Fighting and Decree No. 83/2017/ND-CP dated July 18, 2017 of the Government regarding rescue operations of fire prevention and fighting forces.

DECREE

Amending and supplementing the list of narcotic substances and precursors promulgated to amend and supplement some articles of Decree No. 136/2020/NĐ-CP dated November

24, 2020 of the Government detailing some provisions and measures to implement the Law on Fire Prevention and Combating and the Law amending and supplementing some articles of the Law on Fire Prevention and Combating and Decree No.

83/2017/NĐ-CP dated July 18, 2017 of the Government stipulating rescue work,

rescue operations of fire prevention and combating forces

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on the Public Security Organs dated November 20, 2018; the Law Amending and Supplementing Certain Articles of the Law on the Public Security Organs dated June 22, 2023;

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;

The Government promulgates this Decree on regulations regarding entry, exit, and residence policies for foreigners at the International Financial Center in Vietnam.

The Government promulgates this Decree amending and supplementing some articles of Decree No. 136/2020/NĐ-CP dated November 24, 2020 of the Government detailing some provisions and measures to implement the Law on Fire Prevention and Combating and the Law amending and supplementing some articles of the Law on Fire Prevention and Combating and Decree No. 83/2017/NĐ-CP dated July 18, 2017 of the Government stipulating rescue work, rescue operations of fire prevention and combating forces.

Article 1. Amends and supplements some articles of Decree No. 136/2020/NĐ-CP dated November 24, 2020 of the Government detailing some provisions and measures to implement the Law on Fire Prevention and Combating and the Law amending and supplementing some articles of the Law on Fire Prevention and Combating

1. Amending and supplementing Clause 1 of Article 4 as follows:

"1. Facilities specified in Clause 3, Article 3 of the Law on Fire Prevention and Combustion Control 2001, amended and supplemented according to Clause 1, Article 1 of the Law amending and supplementing some articles of the Law on Fire Prevention and Combustion Control 2013 (hereinafter referred to collectively as the Law on Fire Prevention and Combustion Control) that are currently operating, temporarily suspended, or halted are facilities under the management for fire prevention and firefighting.

An agency or organization may have one or more facilities; within a facility, there may be multiple agencies or organizations operating together."

"4. The members of the Supervisory Council for the destruction of damaged printed and minted currency include:

"4. The fire safety conditions prescribed in Clauses 1, 2, and 3 of this Article must be directly managed and organized by the head of the agency, organization, or facility before the facility starts operation and maintained throughout the operational period.

In cases where multiple agencies or organizations operate within a facility, the head of the facility shall be responsible for managing and maintaining the common fire safety conditions of the facility."

3. Amends Clause 2 of Article 8 as follows:

"2. Specialized motor vehicles with specific requirements for ensuring fire safety as stipulated in Item 19 of Appendix V attached to this Decree must ensure and maintain the following fire safety conditions:

a) Conditions as provided in Clause 1 of this Article;

b) A Certificate of Design Review or design review document (if applicable) and acceptance document regarding fire safety from the police authority (if applicable), except for specialized motor vehicles with specific requirements for ensuring fire safety manufactured or converted for military activities by defense establishments;

c) A fire extinguishing plan approved by the vehicle owner."

4. Amends Clause 9 of Article 9 as follows:

"9. The permit for transporting dangerous goods concerning fire and explosion is valid nationwide and has a validity not exceeding 24 months for vehicles transporting dangerous goods concerning fire and explosion according to a plan or transport contract and not exceeding the service life of the transport vehicle."

5. Amends and supplements some clauses of Article 13 as follows:

a) Amend Clause 1 as follows:

"1. Urban planning, new construction design, renovation, or change in the nature of use of projects, buildings, and special-purpose motor vehicle designs when newly manufactured or converted, regardless of funding sources, must comply with regulations, standards, and technical specifications on fire prevention and firefighting. Design documents for urban planning, construction projects, and special-purpose motor vehicles as stipulated in Appendix V attached to this Decree must be carried out by units meeting the required conditions and must undergo design review for fire safety."

b) Amending Clause 3 as follows:

"3. Objects subject to design review for fire safety:

a) Projects and buildings as stipulated in Appendix V attached to this Decree when newly constructed or renovated, changed in use leading to one of the following situations: increasing the number of floors or fire compartments' area; changing the type or location of evacuation stairs; reducing the number of evacuation routes at floor or fire compartment levels; installing or replacing fire alarm systems; installing or replacing fire suppression systems; changing functions leading to higher fire safety requirements for floors, fire compartments, and buildings;

b) Specialized motor vehicles with specific requirements for ensuring fire safety as stipulated in Item 19 of Appendix V attached to this Decree when newly manufactured or converted affecting one of the fire safety requirements as stipulated in Point c, Clause 5 of this Article."

c) Amend and supplement Clause 4 as follows:

"4. Documents for requesting design review for fire safety:

a) For technical design or construction drawing design for new construction projects or buildings: the investor's request for design review for fire safety (Form PC06); investment decision document for construction projects in accordance with laws on investment, public investment, or public-private partnership or proof of land use rights for projects; project cost estimate; technical design or construction drawing design reflecting fire safety requirements as stipulated in Article 11 of this Decree;

b) For technical design or construction drawing design for renovation, change in use, or adjustment design as stipulated in Point b, Clause 1 of Article 14 of this Decree: the investor's request for design review for fire safety (Form PC06); cost estimate for the part being renovated or changed in use; technical design or construction drawing design reflecting fire safety requirements as stipulated in Article 11 of this Decree;

c) For technical design drawings of motorized traffic vehicles with special requirements for ensuring fire safety and firefighting: the investor's or vehicle owner's proposal for fire safety design review (Form No. PC06); total investment budget estimate for the vehicle; technical design documents reflecting the contents required for fire safety as stipulated in points b and c, clause 1, points b, c, d, and e, clause 3, Article 8 of this Decree;

d) Documents and papers in the file must be original, certified copy, photocopy, or photograph accompanied by the original for comparison by the staff receiving the file. Design drawings and design descriptions must be confirmed by the investor or vehicle owner.”

d) Amend point b, clause 5 as follows:

“b) For projects and works that require consideration of the following contents: fire truck access roads, fire safety distances from surrounding structures; fire resistance rating, fire hazard classification, functional arrangement of structures related to fire prevention and firefighting; fire prevention measures, fire spread control measures; evacuation measures; smoke control measures; power supply solutions for fire protection systems and related technical systems; fire alarm and extinguishing systems; water supply systems and firefighting equipment, rescue and emergency response equipment of the structure;”

đ) Amend and supplement clause 11 as follows:

“11. Results of fire safety design review:

a) For technical design documents or construction drawing design documents for projects, technical design documents for motorized traffic vehicles with special requirements for ensuring fire safety and firefighting: the public security agency issues a Fire Safety Design Review Certificate (Form No. PC07), stamps the fire safety design review seal (Form No. PC08) on the description, reviewed drawings, and returns them to the investor or vehicle owner. The investor or vehicle owner is responsible for submitting a scanned or copied file of the stamped reviewed documents to the reviewing public security agency for storage according to regulations before receiving the Fire Safety Design Review Certificate, except in cases where online submission is provided for under point b, clause 6 of this Decree;

In cases of technical design documents or construction drawing design documents for renovation, change of use, adjusted design, or conversion of motorized traffic vehicles with special requirements for ensuring fire safety and firefighting: the public security agency responds in writing with the fire safety design review results (Form No. PC09), stamps the fire safety design review seal (Form No. PC08) on the description, reviewed drawings, and returns them to the investor or vehicle owner. The investor or vehicle owner is responsible for submitting a scanned or copied file of the stamped reviewed documents to the reviewing public security agency for storage according to regulations before receiving the fire safety design review result letter, except in cases where online submission is provided for under point b, clause 6 of this Decree;

b) If the public security agency does not issue the results specified in this clause, it must provide a written response stating the reasons and return the documents to the investor or vehicle owner within the time limit specified in clause 10 of this Decree;”

e) Amend and supplement clause 12 as follows:

“12. Authority for fire safety design review:

a) The Fire Prevention, Firefighting, and Rescue Police Department reviews fire safety designs for projects and works as specified in Appendix V attached to this Decree;

b) The Fire Prevention, Firefighting, and Rescue Police Office reviews fire safety designs for projects and works, motorized traffic vehicles as specified in Appendix Vb attached to this Decree within their jurisdiction and those cases delegated by the Fire Prevention, Firefighting, and Rescue Police Department.”

6) Amend and supplement clause 6, Article 14 as follows:

“6. Responsibilities of the Public Security Agency:

a) Review fire safety designs for technical design documents or construction drawing design documents for projects, works, motorized traffic vehicles with special requirements for ensuring fire safety and firefighting as specified in Appendix V attached to this Decree;

b) Inspect fire safety acceptance results for projects, works, project components, motorized traffic vehicles with special requirements for ensuring fire safety and firefighting as specified in the list in Appendix V attached to this Decree;

c) Inspect fire safety during the construction process of works as specified in the list in Appendix V attached to this Decree.”

7. Amend and supplement clause 4, Article 15 as follows:

“4. Agencies, organizations, individuals submit one set of documents as specified in points d and e, clause 2 of this Decree, along with the investor's or vehicle owner's report on the construction progress, inspection, testing, and acceptance results of fire protection systems, equipment, and solutions, and the request for inspection of fire safety acceptance results (Form No. PC11) to the previously reviewing public security agency through one of the following methods:

a) Directly at the One-Stop Service Window of the competent authority;

b) Online at the Government Public Service Portal, administrative procedure information system of the competent authority (for documents and papers classified as state secrets, implemented according to the laws on protecting state secrets); electronic files comply with the provisions of Decree No. 45/2020/NĐ-CP dated April 8, 2020 of the Government;

c) Through postal services.”

8. Amend and supplement some clauses of Article 16 as follows:

a) Amend point c, point đ, and add point e after point đ, clause 2, Article 16 as follows:

"c) Conditions for fire safety and firefighting for construction projects during implementation: Internal regulations on fire prevention and firefighting, evacuation signs; provisions on assigning responsibilities to ensure fire safety of the project owner and the construction unit within their scope of authority, duties, and tasks assigned to personnel responsible for fire prevention and firefighting; the use of electrical systems, ignition sources, heat sources, fire sources, and heat sources; equipping initial firefighting equipment suitable for the nature and characteristics of the construction project;"

"d) Conditions for business establishments providing fire safety and firefighting services as stipulated in Article 41 of this Decree; the implementation of fire safety and firefighting service activities by such establishments according to their licensed business lines;"

"e) Technical infrastructure related to urban, economic zones, industrial parks, clusters, export processing zones, high-tech parks' fire safety and firefighting as stipulated in Articles 10 and 31 of this Decree."

"b) Amend Points c and d of Clause 3 as follows:"

"c) The Chairman of the People's Committee at the commune level shall be responsible for directing and inspecting the fulfillment of fire safety and firefighting responsibilities of heads of agencies, organizations, and establishments once a year, and conducting spot inspections when discovering cases as prescribed in Points a and b of Clause 1, Article 17 of this Decree, or violations of fire safety regulations that pose a risk of fire or explosion, or serving security and public order work as directed by authorized agencies for establishments listed in Appendix IV issued together with this Decree within their management scope;"

"d) Public Security agencies shall inspect the fulfillment of fire safety and firefighting responsibilities of heads of agencies, organizations, and establishments once a year; conduct spot inspections when discovering cases as prescribed in Clause 1, Article 17 of this Decree, or violations of fire safety regulations that pose a risk of fire or explosion, or serving security and public order work as directed by authorized agencies for establishments listed in Appendix III issued together with this Decree within their management scope; inspect once a year during construction for construction projects listed in Appendix V issued together with this Decree within their management area;"

c) Amending Clause 4 as follows:

"4. Inspection of business establishments providing fire safety and firefighting services"

After issuing a certificate confirming eligibility to operate fire safety and firefighting services to business establishments engaged in the production, assembly of fire safety and firefighting equipment, and business establishments providing technical consulting, inspection, and testing services for fire safety and firefighting, the authorized Public Security agency as prescribed in Clause 12, Article 45 of this Decree shall implement regular inspections once a year; and spot inspections to maintain and ensure conditions for operating fire safety and firefighting services, and the implementation of fire safety and firefighting service activities by such establishments when there are signs of violation or abuse of fire safety and firefighting activities to infringe upon security and public order, as recommended by authorized agencies;"

d) Amend point b, clause 5 as follows:

"b) For the inspection of business establishments providing fire safety and firefighting services as prescribed in Clause 4 of this Article:"

The Public Security agency must notify the inspected entity three working days in advance about the time, content, and composition of the inspection team before conducting regular inspections;"

When conducting spot inspections, the authorized agency or person must clearly inform the inspected entity of the reasons for the inspection. Police officers conducting spot inspections must present an introduction letter from their direct managing agency;"

The inspected entity must prepare all inspection contents regarding the conditions for business establishments providing fire safety and firefighting services, and the implementation of fire safety and firefighting service activities as notified, and arrange authorized and responsible persons to work with the inspecting agency or person;"

"9. Amend and supplement Points b and c of Clause 1 and Clause 8 of Article 17 as follows:"

a) Amend and supplement Point b and Point c of Clause 1 as follows:

"b) Serious violation of fire safety and firefighting regulations required by authorized agencies to rectify in writing but not implemented, including: producing, storing, transporting, using hazardous substances for fire and explosion without permission; failing to ensure fireproof measures between compartments and rooms in industrial facilities classified as fire and explosion hazards A, B, C; lacking sufficient evacuation routes as prescribed;"

"c) Particularly serious violation of fire safety and firefighting regulations:"

Putting construction projects, parts of construction projects, or motor vehicles requiring special fire safety measures as listed in Appendix V issued together with this Decree into operation or use without a fire safety design approval certificate or acceptance result approval document, despite being required to rectify by authorized Public Security agencies in writing;"

"b) Amend Clause 8 as follows:"

"8. Authority to temporarily suspend or cease operations:"

"a) The Chairman of the People's Committee at the commune level decides to temporarily suspend or cease operations of individual parts, entire establishments, motor vehicles, households, or individual activities under their management responsibility;"

"b) The Head of the Fire Prevention and Fighting Department of the Provincial Public Security Agency, or the Head of the County Public Security Agency within their authority, decides to temporarily suspend or cease operations of individual parts, entire establishments, motor vehicles, households, or individual activities under their management responsibility, except for defense establishments operating for military purposes and motor vehicles requiring special fire safety measures manufactured or converted specifically for military use by defense establishments;"

c) Police officers and soldiers of the Public Security shall be temporarily suspended from activities in cases stipulated in point a Clause 1 of this Article, and within the shortest possible time after suspension, they must report to the directly managing authority with competence as specified in points a and b of this Clause to issue a decision on temporary suspension.

10. Amend Clause 1 of Article 18 as follows:

“The Head of the Fire Prevention and Fighting Police Department, the Head of the Public Security at the district level, and the Chairman of the People's Committee at the commune level, according to their management hierarchy, shall issue decisions to resume activities for cases subject to temporary suspension or cessation of activities by the competent authority as prescribed in Clause 8 of Article 17 of this Decree.”

11. Amend and supplement Clause 3, Clause 4, and point b Clause 10 of Article 19 as follows:

a) Amending Clause 3 as follows:

“3. Responsibilities for developing fire fighting plans and cooperating in developing fire fighting plans:

a) The Chairman of the People's Committee at the commune level, the head of facilities under fire prevention and fighting management, and the owner of special-purpose motor vehicles requiring fire safety assurance shall be responsible for organizing the development of fire fighting plans for residential areas, facilities, and special-purpose motor vehicles using local forces and equipment within their management scope (Model PC17);

b) The Head of the Fire Prevention and Fighting Police Department and the Head of the Public Security at the district level shall be responsible for organizing the development of fire fighting plans for public security agencies for facilities listed in Appendix II issued together with this Decree and high-risk residential areas within their assigned firefighting and rescue tasks (Model PC18).

When developing fire fighting plans for facilities where multiple organizations operate, the head of the facility shall coordinate with the heads of organizations operating within the facility to develop specific fire scenarios and accidents for those organizations.”

b) Amend Clause 4 as follows:

“4. Application dossier for approval of fire fighting plans for facilities as specified in Appendix III issued together with this Decree:

a) Request for approval of fire fighting plans for facilities (Model PC19);

b) Fire fighting plan for facilities signed by the person responsible for developing the plan, stamped if applicable.”

c) Amend point b Clause 10 as follows:

“b) Public security agencies shall be responsible for organizing drills of fire fighting plans for public security agencies according to the approved plan by the authority with the power to mobilize forces and equipment of the agencies and organizations involved in the plan;”

12. Amend and supplement some clauses of Article 33 as follows:

a) Amend Clause 5 as follows:

“5. Application dossier for issuing a Fire Prevention and Fighting Training Certificate:

a) For training and guidance facilities proposing the Public Security agency to issue a Training Certificate: request for inspection and issuance of a Training Certificate (Model PC21); training plan, program, and content;

b) For agencies, organizations, and facilities proposing the Public Security agency or training and guidance facilities to organize training: request for training, inspection, and issuance of a Training Certificate (Model PC22);

c) For individuals requesting training and issuance of a Fire Prevention and Fighting Training Certificate: request for training, inspection, and issuance of a Training Certificate (Model PC23).”

b) Amend and supplement Clause 12 as follows:

“12. Time limit for processing applications for issuance and reissuance of Fire Prevention and Fighting Training Certificates:

a) For training and guidance facilities proposing the Public Security agency to issue a Training Certificate: within five working days from the date of receiving complete and valid application dossiers, the Public Security agency shall be responsible for inspecting, evaluating results, and issuing Fire Prevention and Fighting Training Certificates to individuals who meet the requirements (Model PC35). In case of non-issuance, a written response stating the reasons must be provided.

b) For agencies, organizations, facilities, and individuals proposing the Public Security agency to organize training and issue Training Certificates:

Within fourteen days from the date of receiving complete and valid application dossiers, the Public Security agency shall be responsible for organizing training and issuing Fire Prevention and Fighting Training Certificates to individuals who meet the requirements (Model PC35). In case of non-issuance, a written response stating the reasons must be provided.

If the number of people registered for training is less than twenty: the Public Security agency shall be responsible for compiling and announcing the time and place of training and inspection, evaluation of results.

c) The time limit for reissuing Fire Prevention and Fighting Training Certificates is five working days from the date of receiving complete and valid application dossiers. In case of non-reissuance, a written response stating the reasons must be provided.”

c) Amend and supplement Clause 13 as follows:

“13. Authority for training, inspection, evaluation, and issuance of Fire Prevention and Fighting Training Certificates:

a) The Fire Prevention and Fighting and Rescue Police Bureau shall be responsible for training, inspecting, evaluating, and issuing Fire Prevention and Fighting Training Certificates for individuals belonging to ministries, ministerial-level agencies, government agencies, economic groups, and state-owned corporations;

b) The Fire Prevention and Fighting and Rescue Police Department of the provincial Public Security agency and the district-level Public Security agency shall be responsible for training, inspecting, evaluating, and issuing Fire Prevention and Fighting Training Certificates for individuals within their management area and those residing within their management area;

c) The Fire Prevention and Fighting Training Certificate has nationwide validity.”

13. Amend and supplement some clauses of Article 38 as follows:

a) Amend and supplement point c Clause 4 as follows:

“c) Inspection, testing, experimentation, and evaluation of the quality of fire prevention and fighting equipment samples.”

The sample fire prevention and firefighting equipment for inspection shall be randomly selected according to the sampling method prescribed in the relevant technical standards and regulations. In cases where there are no technical standards and regulations stipulating inspection, testing, experimentation, and quality evaluation of fire prevention and firefighting equipment samples, foreign or international standards permitted for application in Vietnam shall be implemented. The results of testing and inspection conducted by foreign agencies and organizations may be used to consider issuing an inspection certificate in accordance with the Ministry of Public Security's regulations.

b) Amend and supplement Clause 5 as follows:

5. Documents for requesting issuance of a Fire Prevention and Firefighting Equipment Inspection Certificate:

a) Documents for requesting issuance of a Fire Prevention and Firefighting Equipment Inspection Certificate based on the inspection results of consulting service businesses for fire prevention and firefighting technical inspection include:

Request for issuance of a Fire Prevention and Firefighting Equipment Inspection Certificate (Form PC27); Fire Prevention and Firefighting Equipment Inspection Report of consulting service businesses for fire prevention and firefighting technical inspection (Form PC25); Sample Collection Record for Inspection of Fire Prevention and Firefighting Equipment (Form PC28); Certificate of Origin (if not connected to specialized databases) or Factory Certificate of the equipment; Quality Certificate of the equipment (if available); technical documentation of the equipment subject to inspection;

b) Documents for requesting issuance of a Fire Prevention and Firefighting Equipment Inspection Certificate based on the testing and inspection results of foreign agencies and organizations include:

Request for issuance of a Fire Prevention and Firefighting Equipment Inspection Certificate (Form PC27); Testing and Inspection Results of foreign testing and inspection agencies accompanied by technical specifications that have been tested; Certificate of Origin (if not connected to specialized databases) or Factory Certificate of the equipment; Quality Certificate of the equipment (if available); technical documentation of the equipment subject to inspection;

c) Documents in the file must be original, certified copy, photocopy, or scanned copy accompanied by the original for comparison by the staff receiving the file. If the documents are in a foreign language, they must be translated into Vietnamese, and the entity requesting inspection must bear responsibility for the content of the translation.

c) Amend Clause 10 as follows:

“a) Within five working days from the date of receipt of the documents for requesting issuance of a Fire Prevention and Firefighting Equipment Inspection Certificate as prescribed in Clause 5 of this Article, the public security agency shall be responsible for reviewing and evaluating the inspection results and issuing a Fire Prevention and Firefighting Equipment Inspection Certificate; if the Fire Prevention and Firefighting Equipment Inspection Certificate is not issued, a written response stating the reasons must be provided;

b) Each fire prevention and firefighting equipment shall only undergo inspection once and shall be issued a Fire Prevention and Firefighting Equipment Inspection Certificate (Form PC29) and affixed with an inspection seal.

Within three working days from the date of issuance of the Fire Prevention and Firefighting Equipment Inspection Certificate, the entity requesting issuance of the inspection certificate shall be responsible for coordinating with the inspection entity and the public security agency issuing the Fire Prevention and Firefighting Equipment Inspection Certificate to affix the inspection seal on the equipment in accordance with the Fire Prevention and Firefighting Equipment Inspection Certificate issued; in cases where the inspection certificate is issued based on the testing and inspection results of foreign agencies and organizations, the entity requesting issuance of the inspection certificate shall be responsible for coordinating with the public security agency issuing the Fire Prevention and Firefighting Equipment Inspection Certificate to affix the inspection seal on the equipment in accordance with the Fire Prevention and Firefighting Equipment Inspection Certificate issued.

d) Amend Clause 11 as follows:

“11. The Provincial Public Security Fire Prevention and Firefighting Rescue Department shall issue an inspection certificate for fire prevention and firefighting equipment specified in Appendix VII promulgated together with this Decree for entities requesting issuance of the inspection certificate that have fire prevention and firefighting equipment sampled for inspection within their jurisdiction.”

đ) Add Clause 12 after Clause 11 as follows:

“12. Consulting service businesses for fire prevention and firefighting technical inspection that have been confirmed to meet the conditions for operating fire prevention and firefighting services are permitted to carry out activities such as accepting inspection request files, sampling, inspecting, and preparing inspection reports (Form PC25) for types of fire prevention and firefighting equipment that have been authorized to inspect under the list specified in Appendix VII promulgated together with this Decree (excluding fire prevention and firefighting equipment directly produced or imported by the business). After obtaining the inspection results, they must notify in writing along with the inspection report so that the entity requesting inspection can submit the documents for requesting issuance of a Fire Prevention and Firefighting Equipment Inspection Certificate as prescribed in Clause 5 of this Article to the competent public security agency for review and issuance of a Fire Prevention and Firefighting Equipment Inspection Certificate.”

14. Amend some clauses of Article 41 as follows:

a) Amend Point a and Point đ of Clause 3 as follows:

“a) For consulting service businesses for fire prevention and firefighting design, review, and supervision: they must have equipment to ensure the provision of consulting services for fire prevention and firefighting design, review, and supervision;”

“đ) For production and assembly service businesses for fire prevention and firefighting equipment: they must have workshops and equipment to ensure production, assembly, and testing of fire prevention and firefighting equipment.”

b) Amend Clause 5 as follows:

“5. For consulting service businesses for fire prevention and firefighting technical inspection, in addition to the provisions of Clauses 2 and 3 of this Article, they must have at least two individuals holding a professional practice certificate for fire prevention and firefighting technical inspection as prescribed in Point c of Clause 3 of Article 43 of this Decree.”

c) Amend Clause 9 as follows:

“9. Business establishments dealing with fire prevention and firefighting equipment, devices, and materials must comply with the provisions set out in Clause 2 of this Article.”

15. Amend Point d of Clause 3 and Clause 5 of Article 43 as follows:

a) Amend Point d of Clause 3 as follows:

“d) An individual to be granted a Practice Certificate for consulting and supervising fire prevention and firefighting must meet the following requirements:

Hold a diploma at the intermediate level or higher in fire prevention and firefighting or in another relevant field, and have obtained a certificate for fire prevention and firefighting knowledge enhancement;

Have participated in supervising construction projects for at least three projects that have been approved by public security authorities for their fire prevention and firefighting acceptance results;”

b) Amend Clause 5 as follows:

“5. Other relevant fields prescribed in Articles 41 and this Article include training codes for architecture and urban planning; construction; construction management (excluding construction economics code); architectural and construction engineering technology; mechanical engineering technology; electrical, electronics, and telecommunications engineering technology; oil and gas and extraction technology; mechanical and technical engineering (excluding printing engineering); electrical, electronics, and telecommunications engineering (excluding biomedical engineering) according to the regulations of the Ministry of Education and Training.”

16. Amend and supplement some clauses of Article 44 as follows:

a) Amend and supplement Clause 2 as follows:

“2. The application dossier for renewing a Practice Certificate for consulting on fire prevention and firefighting when adding new consulting services shall include the documents specified in Clause 1 of this Article.”

b) Amend and supplement Clause 4 as follows:

“4. The application dossier for reissuing a Practice Certificate for consulting on fire prevention and firefighting when the certificate is lost or damaged shall include the documents specified in Points a and d of Clause 1 of this Article.”

c) Amend and supplement Clause 11 as follows:

“11. The Provincial Public Security Fire Prevention, Firefighting, Rescue Police Station shall issue, renew, and reissue Practice Certificates for consulting on fire prevention and firefighting for individuals residing within its jurisdiction.”

17. Amend and supplement some clauses of Article 45 as follows:

a) Amend and supplement Clause 1 as follows:

“1. The application dossier for obtaining a Certificate of Eligibility for operating fire prevention and firefighting services includes:

a) A request for obtaining a Certificate of Eligibility for operating fire prevention and firefighting services (Form No. PC33);

b) A list of individuals holding diplomas and Practice Certificates for consulting on fire prevention and firefighting suitable for the business activities of the establishment (Form No. PC36);

c) Documents proving the material conditions and equipment ensuring the operation of fire prevention and firefighting services: A declaration form listing the equipment and facilities used in the business operations (Form No. PC37); Quality certification certificates of laboratories and calibration equipment inspection certificates issued by authorized agencies for establishments applying for a Certificate of Eligibility for consulting and technical inspection services related to fire prevention and firefighting.”

b) Amend Clause 2 as follows:

“2. The application dossier for renewing a Certificate of Eligibility for operating fire prevention and firefighting services when there is a change in the head or legal representative of the business establishment shall include the documents specified in Points a and b of Clause 1 of this Article.”

c) Amend Clause 3 as follows:

“3. The application dossier for renewing a Certificate of Eligibility for operating fire prevention and firefighting services when the business establishment changes location or modifies or adds new business activities shall include the documents specified in Clause 1 of this Article.”

d) Amend Clause 4 as follows:

“4. The application dossier for renewing a Certificate of Eligibility for operating fire prevention and firefighting services when the business establishment changes its name shall include the document specified in Point a of Clause 1 of this Article.”

d) Amend and supplement Clause 5 as follows:

“5. The application dossier for reissuing a Certificate of Eligibility for operating fire prevention and firefighting services when the certificate is lost or damaged shall include the document specified in Point a of Clause 1 of this Article.”

e) Amend and supplement Point a of Clause 12 as follows:

“a) The Fire Prevention, Firefighting, and Rescue Police Bureau shall issue, renew, and reissue Certificates of Eligibility for operating fire prevention and firefighting services for establishments providing consulting and technical inspection services related to fire prevention and firefighting, manufacturing, and assembling fire prevention and firefighting equipment and devices;”

18. Amend Clause 2 of Article 46 as follows:

“2. The Certificate of Eligibility for operating fire prevention and firefighting services shall be revoked if the business establishment fails to maintain the eligibility conditions for operating fire prevention and firefighting services after being granted such a certificate. After revocation, the public security authority shall notify the enterprise registration agency or the competent authority allowing the business establishment to operate.”

19. Amend and supplement Clause 2 of Article 47 as follows:

“2. Financial resources for fire prevention and firefighting activities from state budget allocations and insurance premiums for fire and explosion, as stipulated in Points a and b of Clause 1 of Article 54 of the Law on Fire Prevention and Fighting, shall be managed and utilized in accordance with the laws on state budget and mandatory fire insurance.”

20. Add Article 47a after Article 47 as follows:

“Article 47a. Management and utilization of financial resources from voluntary contributions and sponsorships from domestic organizations, individuals, and foreign organizations, individuals

1. Financial resources from voluntary contributions and sponsorships from domestic organizations, individuals, and foreign organizations for fire prevention and firefighting activities must comply with the provisions of Clause 1 of Article 47 of this Decree.

If the contributing or sponsoring organization or individual has agreements or requests regarding the purpose and expenditure for fire prevention and firefighting activities, the management and utilization shall be carried out according to those agreements or requests, but not contrary to the provisions of Clause 1 of Article 47 and relevant laws.

2. Receiving and managing financial resources from voluntary contributions and sponsorships from domestic organizations, individuals, and foreign organizations for fire prevention and firefighting activities as follows:

a) Financial resources in the form of money shall be deposited into an account opened by the Ministry of Public Security at the State Treasury and shall be fully consolidated into the state budget in accordance with the laws on the state budget and relevant laws.

b) Financial resources in the form of physical assets, after being established as national property, shall be transferred to the competent agencies or units responsible for fire prevention, firefighting, rescue, and relief operations for management and use in accordance with the laws on public asset management and relevant laws. The establishment of national property shall be carried out in accordance with Decree No. 29/2018/NĐ-CP dated March 5, 2018, issued by the Government and relevant laws.

c) Information about voluntary contributions and sponsorships from domestic and foreign organizations and individuals shall be provided and published on the Ministry of Public Security's website and the Fire Prevention, Firefighting, Rescue, and Relief Bureau's website in accordance with the laws, except where the contributing or sponsoring organizations or individuals have agreed not to disclose such information.

d) Financial resources from fundraising activities to support the resolution of difficulties caused by incidents shall be implemented in accordance with Decree No. 93/2021/NĐ-CP dated October 27, 2021, issued by the Government.

3. The Ministry of Public Security shall base its decision on the actual financial resources from voluntary contributions and sponsorships and practical needs to determine the level of expenditure for activities related to fire prevention and firefighting as stipulated in Clause 1, Article 47 of this Decree, after coordinating with the Ministry of Finance.

4. The Ministry of Public Security shall be responsible for managing and using financial resources from voluntary contributions and sponsorships in accordance with the laws on the state budget and relevant laws.”

Article 2. Amending and supplementing certain provisions of Decree No. 83/2017/NĐ-CP dated July 18, 2017, of the Government on rescue and relief operations of fire prevention and firefighting forces.

1. Amend Article 9 as follows:

"Article 9. Construction and practice of rescue and relief plans of police agencies

1. The rescue and relief plan of the police agency must describe the nature and characteristics of the incident, accident, and related conditions affecting rescue and relief operations; assume scenarios of incidents, accidents, and their potential development; predict the mobilization and utilization of police agency forces and equipment, command organization, tactics, technical methods, and other tasks serving rescue and relief operations that are appropriate to the situation. The rescue and relief plan must be promptly supplemented and adjusted when there are changes related to rescue and relief operations.

2. The Head of the Fire Prevention, Firefighting, Rescue, and Relief Police Department and the Head of the Police Department at the district level shall be responsible for organizing the construction of rescue and relief plans of the police agency for incidents and accidents specified in Clause 1, Article 5 of Decree No. 83/2017/NĐ-CP which may occur within their assigned areas of responsibility for rescue and relief operations (Model No. PC38), excluding incidents and accidents occurring inside premises listed in Appendix I attached to this Decree.

3. The rescue and relief plan of the police agency shall be managed by the police agency directly constructing the plan. Agencies and organizations participating in the plan shall be provided copies and disseminated relevant contents concerning their responsibilities.

4. The Head of the Fire Prevention, Firefighting, Rescue, and Relief Police Department and the Head of the Police Department at the district level shall approve the rescue and relief plan of the police agency for situations involving incidents and accidents occurring within their assigned areas of responsibility for rescue and relief operations.

5. The police agency shall organize the practice of the rescue and relief plan of the police agency according to the approved plan by the authorized person who mobilizes the forces and equipment of the agencies and organizations participating in the plan."

2. Amending and supplementing some Clauses of Article 11 as follows:

“c) A Level 3 budget unit is a Bureau-level unit or equivalent directly under the Ministry of Public Security shall appoint a department-level leader responsible for financial and accounting functions to appoint an accounting manager; for a Level 3 budget unit that is a department-level unit or equivalent, if the organizational structure includes a team-level unit directly subordinate with at least 20 officers performing financial, accounting, logistics, or political-logistics functions, then a team-level commander should be appointed to appoint an accounting manager.”

"c) The Provincial Police Fire Prevention, Firefighting, Rescue, and Relief Department and the District Police Fire Prevention, Firefighting, Rescue, and Relief Department shall provide training and instruction in rescue and relief operations for fire prevention, firefighting, and rescue personnel under their jurisdiction, civilian defense forces, grassroots fire prevention and firefighting forces, and other forces upon request."

b) Amend and supplement Clause 5 as follows:

"5. Application dossier for training, inspection, and issuance of a certificate of training in rescue and relief operations.

a) Contents of the dossier

For agencies, organizations, and facilities: a request for training, inspection, and issuance of a certificate of training (Model No. PC22);

For individuals: a request for training, inspection, and issuance of a certificate of training (Model No. PC23)."

b) Agencies, organizations, and individuals shall submit one set of the dossier to the authorized agency as specified in point a of this clause through one of the following methods:

Directly at the One-Stop Service Center of the authorized agency;

Online via the Public Service Portal or the administrative procedure handling system of the authorized level (for documents and papers listed in the confidentiality list, they shall be handled in accordance with the laws on protecting state secrets);

Through postal services.

c) Notification of the result of dossier processing:

In case of direct submission at the One-Stop Service Center of the authorized agency, the officer receiving the dossier shall hand over one copy of the Administrative Procedure Handling Receipt or the Supplemental Dossier Guidance Form for administrative procedures related to fire prevention and firefighting to the person submitting the dossier and retain one copy;

In case of online submission via the Public Service Portal or the administrative procedure handling system of the authorized level, the officer receiving the dossier shall notify the agency, organization, or individual who submitted the dossier via email or SMS about the receipt or guidance for supplementary dossiers;

In case of submission through postal services, the officer receiving the dossier shall send one copy of the Administrative Procedure Handling Receipt or the Supplemental Dossier Guidance Form for administrative procedures related to fire prevention and firefighting to the agency, organization, or individual who previously submitted the dossier and retain one copy."

c) Amending and supplementing Clause 6 as follows:

"6. Time limit for processing applications for training, inspection, issuance, and reissuance of certificates of training in rescue and relief operations:

a) Within fourteen days from the date of receiving complete and valid files, the police agency shall be responsible for organizing training, inspecting, evaluating the results, and issuing the Certificate of Rescue and Firefighting Training to individuals who meet the requirements (Form No. PC35). In cases where the Certificate is not issued, there must be a written response specifying the reasons.

b) The time limit for reissuing the Certificate of Rescue and Firefighting Training is five working days from the date of receiving complete and valid files. In cases where the Certificate is not reissued, there must be a written response specifying the reasons.

d) Amending and supplementing Clause 7 as follows:

7. Authority to issue the Certificate of Rescue and Firefighting Training:

a) The Fire Prevention, Firefighting, and Rescue Bureau shall issue the Certificate of Rescue and Firefighting Training to individuals belonging to ministries, ministerial-level agencies, government agencies, economic groups, and state-owned corporations.

b) The Fire Prevention, Firefighting, and Rescue Police Department of provincial public security organs and county-level public security organs shall organize training, inspect, evaluate, and issue the Certificate of Rescue and Firefighting Training to individuals belonging to units and facilities under their management.

c) The Certificate of Rescue and Firefighting Training is valid throughout the country.

3. Amend Clause 2 of Article 12 as follows:

“2. Public security agencies within the scope of their functions, tasks, and powers, and pursuant to this Decree, shall be responsible for periodically or urgently inspecting conditions ensuring fire safety, explosion safety, accident prevention, and firefighting measures and plans suitable to the scale, nature, and characteristics of facilities under their management.”

Article 3. Attachments accompanying this Decree include

1. Attachment I: List of facilities subject to fire prevention and firefighting management.

2. Attachment II: List of facilities with fire and explosion hazards.

3. Attachment III: List of facilities managed by public security agencies.

4. Attachment IV: List of facilities managed by People's Committees at the commune level.

5. Attachment V: List of projects, constructions, and motor vehicles subject to design review for fire prevention and firefighting.

6. Attachment Va: List of projects and constructions subject to design review for fire prevention and firefighting by the Fire Prevention, Firefighting, and Rescue Bureau.

7. Attachment Vb: List of projects and constructions, and motor vehicles subject to design review for fire prevention and firefighting by the Fire Prevention, Firefighting, and Rescue Police Department.

8. Attachment VI: List of fire prevention and firefighting equipment.

9. Attachment VII: List of fire prevention and firefighting equipment subject to inspection.

10. Attachment IX: Forms used in fire prevention and firefighting and rescue operations.

Article 4. Amend and supplement certain phrases in some articles of Decree No. 136/2020/NĐ-CP

1. Add the phrase "or record the content of receipt to notify via email or mobile phone message of the organization, individual submitting the file" after the phrase "(Form No. 03)" in Point a Clause 4 Article 9, Point a Clause 7 Article 13, Point a Clause 5 Article 15, Point a Clause 6 Article 19, Point a Clause 9 Article 33, Point a Clause 7 Article 38, Point a Clause 7 Article 44, Point a Clause 8 Article 45.

2. Add the phrase "or record the content of supplementary guidance on the file to notify via email or mobile phone message of the organization, individual submitting the file" after the phrase "(Form No. 04)" in Point b Clause 4 Article 9, Point b Clause 7 Article 13, Point b Clause 5 Article 15, Point b Clause 6 Article 19, Point b Clause 9 Article 33, Point a Clause 7 Article 38, Point b Clause 7 Article 44, Point b Clause 8 Article 45.

3. Add the phrase "electronic administrative procedure information system" after the phrase "Public Service Portal" in Point b Clause 3, Point b Clause 5 Article 9, Point b Clause 6, Point b Clause 8 Article 13, Point b Clause 6 Article 15, Point b Clause 4, Point b Clause 5 Article 18, Point b Clause 5, Point b Clause 7 Article 19, Point b Clause 8, Point b Clause 10 Article 33, Point b Clause 6, Point b Clause 8 Article 38, Point b Clause 6, Point b Clause 8 Article 44, Point b Clause 7, Point b Clause 9 Article 45.

4. Replace the phrase "Fire Prevention and Firefighting Police" with the phrase "Public Security" in the name of Article 14, replace the phrase "Decree No. 42/2020/NĐ-CP dated April 8, 2020 of the Government stipulating the List of Hazardous Goods and Transport of Hazardous Goods by Road Motor Vehicles and Transport of Hazardous Goods on Inland Waterways (hereinafter referred to as Decree No. 42/2020/NĐ-CP)" with the phrase "Decree No. 34/2024/NĐ-CP dated March 31, 2024 of the Government stipulating the List of Hazardous Goods and Transport of Hazardous Goods by Road Motor Vehicles and Inland Waterway Vessels (hereinafter referred to as Decree No. 34/2024/NĐ-CP)" in Clause 1 Article 9, replace the phrase "Decree No. 42/2020/NĐ-CP" with the phrase "Decree No. 34/2024/NĐ-CP" in Clause 10 Article 9.

5. Add the phrase "electronic dossier implemented in accordance with the provisions of Decree No. 45/2020/NĐ-CP dated April 8, 2020 of the Government" at the end of Point b Clause 3 Article 9, Point b Clause 6 Article 13, Point b Clause 4 Article 18, Point b Clause 5 Article 19, Point b Clause 8 Article 33, Point b Clause 6 Article 38, Point b Clause 6 Article 44, Point b Clause 7 Article 45.

Article 5. Repeal of clauses, forms

1. Repeal points, clauses, Appendixes under Decree No. 136/2020/NĐ-CP.

a) Repeal point b clause 2, clause 6 Article 9; point a clause 5, clause 9, point a, point b, point c clause 10 Article 13; clause 7 Article 15; clause 6 Article 18; clause 8 Article 19; clause 6, clause 11 Article 33; clause 9 Article 38; clause 3, clause 9 Article 44; clause 10 Article 45 of this Decree;

b) Repeal Appendix I; Appendix II; Appendix III; Appendix IV; Appendix V; Appendix VI; Appendix VII; Appendix IX promulgated together with it;

c) Repeal the phrase "certified copy" at clause 5 Article 44, clause 6 Article 45;

d) Repeal the phrase "through leasing services from enterprises, individuals or through authorization in accordance with the provisions of the law" at point c clause 3 and point c clause 5 Article 9, point c clause 6 and point c clause 8 Article 13, point c clause 4 and point c clause 5 Article 18, point c clause 5 and point c clause 7 Article 19, point c clause 8 and point c clause 10 Article 33, point c clause 6 and point c clause 8 Article 38, point c clause 6 and point c clause 8 Article 44, point c clause 7 and point c clause 9 Article 45.

2. Repeal points, articles, forms under Decree No. 83/2017/NĐ-CP.

a) Repeal point b clause 2 Article 25; Article 43;

b) Repeal Form No. 01, Form No. 02, Form No. 03, Form No. 04, Form No. 05 promulgated together with it.

Article 6. Effectiveness

1. This Decree takes effect from May 15, 2024.

2. Transitional Provisions

a) The competent authority that has issued the Fire Prevention and Fighting Design Approval Certificate for construction works, motor vehicles shall continue to review the design and inspect fire prevention and fighting for these construction works, motor vehicles. For projects, construction works that have been commented on fire prevention and fighting in the basic design documents but have not yet been issued the Fire Prevention and Fighting Design Approval Certificate, they shall conduct the fire prevention and fighting design review at the competent authority specified in point e clause 5 Article 1 of this Decree;

b) For projects, construction works listed in Appendix V of Decree No. 136/2020/NĐ-CP that have been commented on fire prevention and fighting in the basic design documents or have been issued the Fire Prevention and Fighting Design Approval Certificate but do not fall within the scope defined in Appendix V of this Decree, the project investors shall organize self-inspection on fire prevention and fighting and bear responsibility for ensuring fire safety for the construction works;

c) Facilities temporarily suspended or suspended from operation according to Decree No. 136/2020/NĐ-CP of the Government which do not fall within the scope of temporary suspension under this Decree shall continue to implement the provisions of Article 17, Article 18 of Decree No. 136/2020/NĐ-CP of the Government;

d) Fire Prevention and Fighting Consulting Practice Certificates issued to individuals according to Decree No. 79/2014/NĐ-CP after expiration, loss, damage shall be reissued by provincial police departments; Fire Prevention and Fighting Consulting Practice Certificates issued to individuals according to Decree No. 136/2020/NĐ-CP when adding practice content shall be renewed by provincial police departments in accordance with regulations;

đ) Fire extinguishing plans of facilities, rescue and evacuation plans of facilities, fire extinguishing plans of public security agencies, rescue and evacuation plans of firefighting and rescue police forces that have been established and approved by competent authorities, if there is no change in the nature, hazardous characteristics of fire and explosion, toxicity, and related conditions affecting firefighting, rescue, and evacuation operations, shall continue to be used without having to be rebuilt and reapproved;

e) Agencies, organizations, and individuals who have received applications for the following procedures before this Decree takes effect shall continue to handle them according to Decree No. 136/2020/NĐ-CP and Decree No. 83/2017/NĐ-CP: issuing permits for transporting dangerous goods concerning fire and explosion; reviewing design and inspecting results of fire prevention and fighting acceptance; approving fire extinguishing plans; issuing Fire Prevention and Fighting Professional Training Certification; issuing Rescue and Evacuation Professional Training Certification; issuing certificates of inspection for firefighting equipment; issuing Fire Prevention and Fighting Consulting Practice Certificates; issuing certificates of qualification for operating firefighting service businesses;

g) When Fire Prevention and Fighting Professional Training Certificates, Rescue and Evacuation Professional Training Certificates issued according to Decree No. 136/2020/NĐ-CP and Decree No. 83/2017/NĐ-CP expire, they shall be reissued according to this Decree.

Article 7. Responsibilities for Organizing Implementation

1. The Minister of Public Security is responsible for guiding, organizing, and supervising the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of provincial people's committees directly under the central government, and relevant agencies, organizations, and individuals are responsible for implementing this Decree.