Circular No. 63/2025/TT-BXD guides Article 23 of Decree No. 105/2025/NĐ-CP dated May 15, 2025, of the Government detailing certain provisions and measures for implementing the Law on Fire Prevention, Combating, and Rescue under the purview of the Ministry of Construction.

CIRCULAR

GUIDANCE ON ARTICLE 23 OF DECREE NO. 105/2025/NĐ-CP OF THE GOVERNMENT DATED MAY 15, 2025, PROVIDING DETAILS ON CERTAIN PROVISIONS AND MEASURES TO IMPLEMENT THE LAW ON FIRE PREVENTION, FIRE FIGHTING, RESCUE, AND ASSISTANCE UNDER THE MANAGEMENT OF THE MINISTRY OF CONSTRUCTION

Pursuant to Decree No. 105/2025/NĐ-CP of the Government dated May 15, 2025, providing details on certain provisions and measures to implement the Law on Fire Prevention, Fire Fighting, Rescue, and Assistance;

Pursuant to Decree No. 33/2025/NĐ-CP of the Government dated February 25, 2025, providing the functions, tasks, powers, and organizational structure of the Ministry of Construction;

At the proposal of the Director of the Department of Science and Technology, Environment, and Building Materials;

The Minister of Construction issues this Circular guiding Article 23 of Decree No. 105/2025/NĐ-CP of the Government dated May 15, 2025, providing details on certain provisions and measures to implement the Law on Fire Prevention, Fire Fighting, Rescue, and Assistance under the management of the Ministry of Construction.

Article 1. Scope of Regulation and Applicability

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

This Circular guides Point b Clause 6 and Point b Clause 11 of Article 23 of Decree No. 105/2025/NĐ-CP of the Government dated May 15, 2025, providing details on certain provisions and measures to implement the Law on Fire Prevention, Fire Fighting, Rescue, and Assistance (hereinafter referred to as Decree No. 105/2025/NĐ-CP) under the management of the Ministry of Construction, including:

a) Authority to issue permits for circulation of fire-resistant and fire-retardant materials and components;

b) Authority to inspect the quality of fire-resistant and fire-retardant materials and components circulating in the market after being issued permits;

c) Authority to designate organizations to conduct conformity assessment activities for testing fire-resistant and fire-retardant materials and components.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

Departments and units under the Ministry of Construction; People's Committees of provinces and cities, and organizations and individuals related to the contents stipulated in Clause 1 of Article 1 of this Circular.

Article 2. Authority to Issue Permits for Circulation of Fire-Resistant and Fire-Retardant Materials and Components

1. The People's Committee of each province and city shall assign the specialized construction management agency at the local level to issue permits for circulation of fire-resistant and fire-retardant materials and components.

2. The issuance of permits for circulation of fire-resistant and fire-retardant materials and components shall be carried out in accordance with Article 23 of Decree No. 105/2025/NĐ-CP and relevant laws.

Article 3. Authority to Inspect Quality of Fire-Resistant and Fire-Retardant Materials and Components Circulating in the Market After Being Issued Permits

1. The National Construction Quality Control Agency shall organize inspections of the quality of fire-resistant and fire-retardant materials and components circulating in the market after being issued permits.

2. The inspection of quality and handling of violations regarding the quality of fire-resistant and fire-retardant materials and components circulating in the market shall be carried out in accordance with the laws on product and commodity quality and relevant laws.

Article 4. Authority to Designate Organizations to Conduct Conformity Assessment Activities for Testing Fire-Resistant and Fire-Retardant Materials and Components

1. The Department of Science and Technology, Environment, and Building Materials shall designate organizations to conduct conformity assessment activities for testing fire-resistant and fire-retardant materials and components.

2. The designation of organizations to conduct conformity assessment activities for testing fire-resistant and fire-retardant materials and components shall be carried out in accordance with the laws on product and commodity quality and relevant laws.

Article 5. Responsibilities for Implementation

1. Responsibilities of the People's Committees of provinces and cities:

a) Organize the issuance of permits for the circulation of fire-resistant and fire-retardant materials and components;

b) Conduct regular or spot inspections of the activities of organizations and individuals holding permits for the circulation of fire-resistant and fire-retardant materials and components;

c) Establish a specialized database management system for production, import, and assembly organizations and individuals of fire-resistant and fire-retardant materials and components to report according to the provisions of the law;

d) Annually, before December 20th, compile and report on the implementation results of assigned tasks according to regulations to the Ministry of Construction;

đ) Coordinate with the Ministry of Construction in quality inspection work for fire-resistant and fire-retardant materials and components when requested;

2. Responsibilities of the National Construction Quality Control Agency:

a) Organize regular annual or spot inspections of the quality of fire-resistant and fire-retardant materials and components as prescribed;

b) Prepare an annual report on the completion of assigned tasks and submit it to the Science, Technology, Environment, and Building Materials Department for consolidation and reporting to the Ministry of Construction;

3. Responsibilities of the Science, Technology, Environment, and Building Materials Department:

a) Organize regular annual or spot inspections of the issuance of permits for the circulation of fire-resistant and fire-retardant materials and components as prescribed by law;

b) Monitor and inspect; prepare an annual report on the implementation of this Circular and submit it to the Ministry of Construction;

4. Responsibilities of organizations and individuals producing, importing, and assembling fire-resistant and fire-retardant materials and components:

a) Implement information declaration according to the provisions of the law;

b) Comply with the requirements of competent state agencies as stipulated in Clause 1 and Clause 2 of this Article;

c) Ensure the quality of fire-resistant and fire-retardant materials and components according to the provisions of the law;

Article 6. Effectiveness

This Circular takes effect from February 16, 2026./.