Circular No. 66/2014/TT-BCA detailing certain provisions of Decree No. 79/2014/NĐ-CP dated July 31, 2014 on detailed implementation of some articles of the Law on Fire Prevention and Combating and the Law Amending and Supplementing Certain Provisions of the Law on Fire Prevention and Combating.

CIRCULAR

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Based on 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, 11 in 2013;

Decree No. 79/2014/NĐ-CP dated July 31 1, 2014 detailing the implementation of certain articles of the Law on Fire Prevention and Fighting and the Law Amending and Supplementing Certain Provisions of the Law on Fire Prevention and Fighting;

Decree No. 1Decree No. 06/2014/NĐ-CP dated November 17, 2014 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Department trThe Minister of Public Security promulgates this Circular detailing the implementation of certain provisions of Decree No. 79/2014/NĐ-CP dated July 31, 2014 detailing the implementation of certain articles of the Law on Fire Prevention and Fighting and the Law Amending and Supplementing Certain Provisions of the Law on Fire Prevention and Fighting.

This Circular stipulates the examination, acceptance, inspection, testing, training, professional development, statistics, reporting, safety regulations, management files, monitoring activities related to fire prevention and fighting; transportation of dangerous goods; notification of ensuring conditions for fire safety; firefighting plans; mobilization and dispatch of forces, means, and assets participating in fire prevention and fighting activities; organization of civilian defense force activities, grassroots fire prevention and fighting forces, specialized fire prevention and fighting forces; temporary suspension, cessation, and resumption of operations of facilities, motor vehicles, households, and individuals; certificates and confirmation letters for business conditions in fire prevention and fighting services; list of facilities and residential areas with high fire and explosion risks that the fire police must develop firefighting plans and forms for use in fire prevention and fighting work.i Article 1. Officers, non-commissioned officers, and soldiers of the Fire Prevention and Fighting Police.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 3. Organizations, households, and individuals related to fire prevention and fighting activities.

Article 2. Applicability

This Circular applies to:

FIRE PREVENTION

2. Public security units and localities.

Article 3. Management and monitoring files for fire prevention and firefighting activities

Chapter II

SPECIFIC PROVISIONS

Section 1

1. Management and monitoring files for fire prevention and firefighting activities of hazardous facilities and residential areas shall be established and retained by the heads of such facilities and areas; the file includes:

a) Regulations, internal rules, procedures, directives, and guidance documents on fire prevention and firefighting;

b) Design files, examination and acceptance documents for fire prevention and firefighting (if applicable); notifications regarding the assurance of fire safety conditions (if applicable);

c) Layout diagrams of technological processes, technical systems, and flammable/explosive materials at the facility; layout diagrams of densely populated residential areas; locations of firefighting water sources in residential areas;

d) Decisions establishing civilian defense teams, grassroots fire prevention and firefighting teams, and specialized fire prevention and firefighting teams;

đ) Approved firefighting plans of the facility; firefighting plans of the Fire Prevention and Fighting Police; reports on the organization of firefighting plan drills;

e) Inspection records for fire safety; proposals and recommendations for fire prevention and firefighting work; violation records and administrative penalty decisions for fire prevention and firefighting violations (if applicable);

g) Logs tracking fire prevention and firefighting awareness campaigns, professional training, and activities of civilian defense teams, grassroots fire prevention and firefighting teams, and specialized fire prevention and firefighting teams; logs tracking firefighting equipment;

h) Statistics and reports on fire prevention and firefighting; fire and explosion incident files (if applicable).

2. Management and monitoring files for fire prevention and firefighting activities of facilities specified in Appendix I accompanying Decree No. 79/2014/NĐ-CP dated July 31, 2014 detailing the implementation of certain articles of the Law on Fire Prevention and Fighting and the Law Amending and Supplementing Certain Provisions of the Law on Fire Prevention and Fighting (hereinafter referred to as Decree No. 79/2014/NĐ-CP), but not being hazardous facilities, shall be established and retained by the heads of such facilities according to the contents prescribed in points a, d, đ, e, and g of Clause 1 of this Article.

In case a facility changes its scale or nature of use to become a hazardous facility, the head of that facility must establish management and monitoring files for fire prevention and firefighting activities according to the contents prescribed in Clause 1 of this Article.

2. The management and monitoring files for fire prevention and firefighting activities of the facility as prescribed in Appendix I issued together with Decree No. 79/2014/NĐ-CP dated July 31, 2014 detailing the implementation of certain provisions of the Fire Prevention and Fighting Law and the Law Amending and Supplementing Certain Provisions of the Fire Prevention and Fighting Law (hereinafter referred to as Decree No. 79/2014/NĐ-CP), but not applicable to facilities that are not hazardous in terms of fire and explosion, shall be established and retained by the head of the facility in accordance with the contents stipulated in Points a, d, đ, e, and g of Clause 1 of this Article.

In the case where a facility changes its scale or nature of use to become a hazardous facility in terms of fire and explosion, the head of such facility must establish the management and monitoring files for fire prevention and firefighting activities in accordance with the contents stipulated in Clause 1 of this Article.

Article 4. Statistics and reports on fire prevention and firefighting

1. Statistics on fire prevention and firefighting include:

a) Statistics on the number of inspections, awareness campaigns, training sessions, and handling of violations related to fire prevention and firefighting;

b) List of civil defense officers, fire prevention and firefighting team members at the grassroots level and specialized teams;

c) Statistics on fire prevention and firefighting equipment;

d) Statistics on time spent studying and practicing firefighting plans; the number of fires, firefighting operations, and other matters related to fire prevention and firefighting activities.

2. Reports on fire prevention and firefighting include:

a) Reports on fire incidents and explosions;

b) Reports on fire prevention and firefighting work for six months and one year;

c) Interim and final reports on fire prevention and firefighting work.

3. Periodic statistics and reports on fire prevention and firefighting must be submitted to the higher-level authority directly managing the entity. In cases where there are changes affecting the safety of fire prevention and firefighting for the entity, the entity must promptly notify the directly managing Fire Prevention and Fighting Police Department.

Article 5. Safety regulations, guidance diagrams, no-smoking signs, warning signs, and firefighting direction signs

1. Safety regulations on fire prevention and firefighting shall include the following basic contents: Provisions on the management and use of sources of fire, heat, flammable materials, explosives, devices, and tools capable of generating fire or heat; prohibited acts under the law on fire prevention and firefighting; provisions on the management, storage, maintenance, and use of firefighting equipment and facilities; actions to be taken to prevent fires and explosions or when they occur.

2. Guidance diagrams on fire prevention and firefighting must show construction components, internal road systems, escape routes, directions of escape, locations of firefighting water sources, and firefighting equipment. Depending on the specific nature and characteristics of the facility's operations, guidance diagrams on fire prevention and firefighting may be divided into separate diagrams showing one or more of the above contents.

3. Prohibition signs, warning signs, guidance signs regarding fire prevention and firefighting, include:

a) No-fire signs, no-smoking signs, signs prohibiting obstruction of pathways, signs prohibiting the use of water as a fire extinguishing agent. For places producing, managing, storing, or using explosive materials, liquefied gas, gasoline, diesel, and other high-risk areas for fire and explosion, signs prohibiting the carrying and use of matches, lighters, mobile phones, radio transmitters, and other items, devices, or substances that can generate heat, sparks, or fire must have additional signs clearly indicating the prohibited items;

b) Warning signs for hazardous areas or materials regarding fire and explosion;

c) Firefighting direction signs, including: Signs indicating escape routes, exit doors, telephone locations, fire extinguisher locations, hydrant locations, water source locations for firefighting, mechanical firefighting equipment, and other firefighting equipment.

The specifications and models of no-smoking signs, warning signs, and firefighting direction signs shall comply with the provisions of the Vietnamese Standard TCVN 4879: Fire Prevention - Safety Signage Models and Sizes. If it is necessary to specify the validity of no-smoking signs, warning signs, and firefighting direction signs, additional signs must be attached.

5. Safety regulations, guidance diagrams, prohibition signs, warning signs, and guidance signs for fire prevention and firefighting must be disseminated and posted in visible locations so that everyone is aware and comply with them.

Article 6. Transport of flammable and explosive hazardous materials and goods

1. Conditions for vehicles transporting flammable and explosive hazardous materials and goods

Vehicles transporting flammable and explosive hazardous materials and goods must be motorized vehicles with internal combustion engines or explosion-proof engines and must meet the following conditions:

a) The engine of the vehicle must be isolated from the cargo compartment by non-combustible material or a buffer (cargo) space as prescribed;

b) The exhaust pipe of the engine must be placed in a closed position or shielded to ensure safety against fire and explosion;

c) The electrical system (including battery) must ensure no spark generation; copper wire conductors must be insulated and have the cross-sectional area according to design specifications;

d) The floor, structure of the cargo compartment and other areas of the vehicle within the fire and explosion hazard zone must be made of non-combustible or difficult-to-burn material that does not generate sparks due to friction;

đ) The vehicle must have a rain and sunproof cover;

e) Vehicles carrying liquid flammable and explosive hazardous materials must have grounding wires. For liquefied petroleum gas tank trucks, they must comply with the provisions of the Vietnamese Standard TCVN 6484: Liquefied Petroleum Gas - Tank Trucks - Safety Requirements for Design, Manufacturing, and Use;

g) Must be equipped with sufficient firefighting equipment as prescribed;

h) Must ensure technical safety and environmental protection conditions as prescribed;

i) Road and rail vehicles transporting flammable and explosive hazardous materials and goods must display the hazardous materials and goods sign (model number PC01) on the front windshield and both sides of the vehicle throughout the transportation process;

k) Waterway vehicles transporting flammable and explosive hazardous materials and goods must fly a "B" signal flag during the day and have a red light signal at night throughout the transportation process. The specifications and standards for flags and lights are as prescribed by the Ministry of Transport.

2. Conditions for drivers, workers, and service personnel on vehicles transporting flammable and explosive hazardous materials and goods

a) Drivers must hold a driving license as prescribed by traffic laws for road, railway, and inland waterway transport, and a certificate of fire prevention and firefighting training;

b) Workers and service personnel on the vehicle must hold a certificate of fire prevention and firefighting training.

3. Procedures for issuing permits to transport flammable and explosive hazardous materials and goods

a) The application dossier for a permit to transport flammable and explosive hazardous materials and goods includes:

- Application form for a permit to transport flammable and explosive hazardous materials and goods (model number PC02);

- Certified copies or copies accompanied by original documents for comparison of the following documents: Vehicle registration certificate; technical safety inspection and environmental protection certificate (for road motor vehicles); technical safety and environmental protection certificate (for inland waterway vessels); packaging, container, and tank inspection certificate for flammable and explosive hazardous materials as prescribed by relevant ministries and agencies (if applicable); transportation contract for flammable and explosive hazardous materials and goods.

b) Within no more than 10 working days from the date of receipt of complete and valid documents, the Fire Prevention and Firefighting Police Department is responsible for organizing a fire prevention and firefighting safety check on the vehicle (model number PC05) and issuing a permit to transport flammable and explosive hazardous materials and goods (model number PC01); if the permit is not issued, a written response must be provided stating the reasons.

4. The Director of the Provincial Fire Prevention and Firefighting Police Department (hereinafter referred to as the Provincial Fire Prevention and Firefighting Police Department), the Head of the Fire Prevention, Firefighting, Rescue, and Emergency Response Department of the Provincial Public Security Department (hereinafter referred to as the Provincial Public Security Department's Fire Prevention, Firefighting, Rescue, and Emergency Response Department) shall issue permits to transport flammable and explosive hazardous materials and goods to vehicles of organizations and individuals whose place of operation or residence is within their jurisdictional area.

5. The permit to transport flammable and explosive hazardous materials and goods is valid nationwide and has a single-use value for vehicles with transportation contracts on a trip basis; it has a validity period of no more than 12 months for vehicles transporting flammable and explosive hazardous materials and goods according to plans or transportation contracts.

Article 7. Design and review of fire prevention and firefighting design

1. Projects and works listed in Appendix IV issued together with Decree No. 79/2014/ND-CP when newly constructed, renovated, or changed in nature of use; special-purpose motor vehicles requiring particular safety measures for fire prevention and firefighting when newly manufactured or converted must be designed to ensure fire safety according to regulations and must be carried out by units meeting the conditions stipulated in Article 41 of Decree No. 79/2014/ND-CP.

2. Review of fire prevention and firefighting design involves checking and comparing the solutions and contents of project and work designs, special-purpose motor vehicle designs with requirements for fire safety against technical standards, regulations, relevant laws of Vietnam on fire prevention and firefighting, foreign standards, and international standards on fire prevention and firefighting permitted for application in Vietnam.

3. The procedures and contents of reviewing fire prevention and firefighting design shall be implemented in accordance with the provisions of Clause 4 and Clause 7 of Article 15 of Decree No. 79/2014/ND-CP.

When the technical design documents or construction drawing design documents of projects and works, technical design documents of special-purpose motor vehicles requiring particular safety measures for fire prevention and firefighting meet the requirements for fire prevention and firefighting, the Fire Prevention and Firefighting Police Department will issue a certificate of fire prevention and firefighting design review (Form No. PC03) and stamp the fire prevention and firefighting design review seal (Form No. PC04) on the explanatory notes and reviewed drawings, returning one set to the investor or owner of the means of transport, while retaining one set directly by the Fire Prevention and Firefighting Police Department conducting the review.

4. Projects and works that only undergo partial renovation, if not affecting the fire safety conditions of such projects and works, shall only have their fire prevention and firefighting design reviewed for the renovated part.

5. Classification of fire prevention and firefighting design review

a) The Fire Prevention and Firefighting and Rescue Bureau shall review fire prevention and firefighting design for national important projects and works, group A construction investment projects (excluding group A construction investment projects using state budget funds where the provincial level is the investor); projects and works with a height of 100 meters or more; dedicated trains for passenger transportation, transportation of gasoline, diesel, flammable liquids, flammable gases, explosives, and dangerous chemicals; dedicated ships for passenger transportation with a length of 50 meters or more, transportation of gasoline, diesel, flammable liquids, flammable gases, explosives, and dangerous chemicals with a total deadweight of 1,000 tons or more; construction investment projects proposed by the provincial Fire Prevention and Firefighting Police Department, Provincial Public Security Fire Prevention and Firefighting and Rescue Departments, or investors.

b) Provincial Fire Prevention and Firefighting Departments, Provincial Public Security Fire Prevention and Firefighting and Rescue Departments shall review fire prevention and firefighting design for construction investment projects and special-purpose motor vehicles requiring particular safety measures for fire prevention and firefighting within their management areas and those delegated by the Fire Prevention and Firefighting and Rescue Bureau.

6. Transitional Provisions

a) For projects and works specified in Appendix 3a of Decree No. 46/2012/ND-CP dated May 22, 2012, amending and supplementing some articles of Decree No. 35/2003/ND-CP dated April 4, 2003, detailing the implementation of certain provisions of the Law on Fire Prevention and Firefighting (hereinafter referred to as Decree No. 46/2012/ND-CP), which are listed in Appendix IV issued together with Decree No. 79/2014/ND-CP, and have been self-assessed and approved by the construction management authority and investors, and organized for fire prevention and firefighting construction before the effective date of Decree No. 79/2014/ND-CP, the construction management authority and investors shall continue to inspect and bear responsibility for ensuring fire safety for these projects and works.

b) For projects and works specified in Appendix 3a of Decree No. 46/2012/ND-CP, which are listed in Appendix IV issued together with Decree No. 79/2014/ND-CP, and have been self-assessed and approved by the construction management authority and investors but have not yet organized fire prevention and firefighting construction after the effective date of Decree No. 79/2014/ND-CP, the investors must submit the fire prevention and firefighting design review documents in accordance with Clause 3 of Article 15 of Decree No. 79/2014/ND-CP to the Fire Prevention and Firefighting Police Department for review in accordance with regulations.

c) For projects and works that have already had their fire prevention and firefighting design reviewed but have not yet commenced or are currently undergoing fire prevention and firefighting construction, if there are new technical standards and regulations on fire prevention and firefighting, the investors shall continue to organize construction according to the reviewed fire prevention and firefighting design documents. In this case, based on actual circumstances, investors may apply appropriate adjustment measures in line with newly issued technical standards and regulations.

Article 8. Fire Prevention and Fighting Acceptance

1. Projects, works, motor vehicles that have special requirements for fire safety assurance which have been reviewed and approved for fire prevention and fighting design must be organized for fire prevention and fighting acceptance by the project investors or vehicle owners before they are put into use according to the fire prevention and fighting design documents that have been reviewed by the Fire Prevention and Fighting Police Department.

2. Within 07 working days from the date of receiving the notification document from the project investor or motor vehicle owner, the Fire Prevention and Fighting Police Department that has previously reviewed the design must organize the inspection and acceptance for fire prevention and fighting according to the contents stipulated in Point c Clause 2 Article 17 Decree No. 79/2014/ND-CP. The inspection must be recorded in a record book (Form PC05).

3. The fire prevention and fighting acceptance document includes the following basic contents:

a) Information on the name of the work or vehicle; construction location; project investor or vehicle owner;

b) Contents that have been organized for fire prevention and fighting acceptance;

c) Other requirements (if any).

Article 9. Notification on Ensuring Conditions for Fire Safety Assurance

1. For facilities specified in Appendix III issued together with Decree No. 79/2014/ND-CP and motor vehicles that have special requirements for fire safety assurance, before being put into operation, the head of the facility or motor vehicle owner must notify the Fire Prevention and Fighting Police Department about ensuring conditions for fire safety assurance (Form PC06), while attaching relevant documents proving the fulfillment of fire safety assurance conditions as stipulated in Clause 1 Article 7 and Clause 1 Article 10 of Decree No. 79/2014/ND-CP.

2. When facilities or motor vehicles subject to notification under Clause 1 of this Article undergo renovation or change in usage nature, before being put into operation, the head of the facility or motor vehicle owner must notify the Fire Prevention and Fighting Police Department as if it were the first time.

3. The notification on ensuring conditions for fire safety assurance can be sent through postal service or directly to the local Fire Prevention and Fighting Police Department managing the facility or vehicle.

4. The Fire Prevention and Fighting Police Department shall implement state management over fire prevention and fighting for facilities and motor vehicles after receiving the notification document.

Article 10. Procedures for Fire Safety Inspection

1. Persons responsible for fire safety inspection as stipulated in Points a and b Clause 2 Article 18 Decree No. 79/2014/ND-CP shall base on actual conditions, situations, and specific requirements for fire safety assurance to determine the time and frequency of regular and periodic fire safety inspections within their management scope.

2. Regular Inspection

Persons responsible for regular fire safety inspection must develop plans and inspection contents before organizing the inspection.

3. Periodic and Spot Inspections

a) Persons responsible for regular inspections must notify the inspected entity three working days in advance about the time, content, and composition of the inspection team.

b) Persons responsible for spot fire safety inspection must clearly inform the inspected party of the reasons for the inspection. Fire Prevention and Fighting Police officers conducting spot inspections must present an introduction letter from the directly managing authority;

c) The inspected party must prepare all inspection contents related to fire safety assurance as notified and arrange authorized and responsible persons to work with the inspection officer upon receipt of the inspection notification.

4. Heads of superior agencies or organizations, Chairmen of People's Committees of districts, towns, cities under provinces (hereinafter referred to as Chairman of District People's Committee) and above, when organizing periodic or spot inspections for fire safety assurance at facilities or areas managed by lower levels, must notify the facility or area management level. In necessary cases, they may require the facility or area management level to join the inspection team, provide relevant documents and information related to fire safety assurance at the inspected facility or area. The inspection results must be reported to the facility or area management level.

5. Regular, periodic, and spot inspections for fire safety assurance must be recorded in a record book (Form PC05).

Article 11. Procedures for temporary suspension, cessation, and resumption of operations for facilities, motorized transportation means, households, and individuals

1. Procedure for Temporary Suspension of Operations

a) When discovering cases subject to temporary suspension of operations as stipulated in Clause 1, Article 19 of Decree No. 79/2014/ND-CP, the authorized person to temporarily suspend operations as provided in Clause 6, Article 19 of Decree No. 79/2014/ND-CP has the right to require organizations or individuals to cease operations or terminate violations and implement the following provisions:

- Prepare a record to determine the scope of direct fire and explosion risks or violations of fire prevention and control regulations;

- Issue a decision or report to the authorized person to issue a decision on temporary suspension of operations.

b) The decision to temporarily suspend operations must be in writing (model number PC07). In urgent cases, it may be issued orally and subsequently recorded in writing. When issuing a decision orally, the issuer must clearly state their name, position, place of work, scope, and activities suspended.

The person issuing the decision to temporarily suspend operations is responsible for monitoring the elimination of direct fire and explosion risks.

2. Procedure for Cessation of Operations

a) Upon expiration of the temporary suspension period, the authorized person who previously issued the decision to temporarily suspend operations shall organize inspections of facilities, motorized transportation means, households, and individual activities that were temporarily suspended to assess the ability to eliminate direct fire and explosion risks or rectify violations of fire prevention and control regulations. The inspection must be documented (model number PC05);

b) At the conclusion of the inspection, if it is found that direct fire and explosion risks have not been eliminated or violations have not been rectified or cannot be rectified and pose serious fire and explosion hazards, the authorized person who previously issued the decision to temporarily suspend operations shall consider and issue a decision to cease operations of the facility, household, motorized transportation means, or individual activities (model number PC08).

3. Procedure for Resumption of Operations

a) During the temporary suspension period or upon its expiration, if it is determined that direct fire and explosion risks have been eliminated or violations of fire prevention and control regulations have been rectified, the head of the facility, household owner, motorized transportation means owner, or individual must submit a request (model number PC09) to the authorized person who previously issued the decision to temporarily suspend operations for consideration and issuance of a decision to resume operations (model number PC10);

b) Facilities, households, motorized transportation means, or individuals that have been suspended from operations, if they meet the safety conditions for fire prevention and control and wish to resume operations, the head of the facility, household owner, motorized transportation means owner, or individual must submit a request (model number PC09) to the authorized person who previously issued the decision to suspend operations for consideration and issuance of a decision to resume operations;

c) Within no more than five working days from the date of receipt of the request to resume operations, the person who previously issued the decision to temporarily suspend or suspend operations must organize inspections and review the results of eliminating direct fire and explosion risks, rectifying violations of fire prevention and control regulations, or meeting the safety conditions for fire prevention and control. The inspection results must be documented (model number PC05).

If direct fire and explosion risks have been eliminated or violations of fire prevention and control regulations have been rectified or all safety conditions for fire prevention and control have been met, a decision to resume operations (model number PC10) shall be issued.

Decisions to temporarily suspend operations, cease operations, and resume operations must be delivered to the entity subject to temporary suspension or cessation of operations, the immediate superior management authority of the entity subject to temporary suspension or cessation of operations (if applicable), the People's Committee of the district where the entity subject to temporary suspension or cessation of operations is located or resides; in cases where the suspended or ceased activities involve multiple entities, a decision must be delivered to each entity.

Section 2

FIRE FIGHTING

Article 12. Firefighting Plan

1. Establishing a firefighting plan

a) The firefighting plan of the facility (model number PC11);

b) The firefighting plan of the Fire Prevention and Fighting Police (model number PC12);

c) The firefighting plan must be re-approved by the authorized person when there is a change in the most complex fire situation or a change in two or more typical fire situations. In case the firefighting plan only changes one typical fire situation, it shall be approved by the head of the unit or facility that established the plan.

2. The Fire Prevention and Fighting Police agency, when establishing a firefighting plan for nuclear facilities, facilities located in communes bordering two provinces or centrally governed cities, and other facilities and residential areas specified in Article 13 of this Circular, must notify the head of the facility or residential area three working days in advance about the time to establish the plan. The head of the facility, the Chairman of the People's Committee of the commune, ward, town (hereinafter referred to as the Chairman of the People's Committee of the commune), is responsible for providing necessary documents and information related to the establishment of the firefighting plan according to the requirements of the Fire Prevention and Fighting Police agency, arranging participants, and ensuring conditions for the establishment of the firefighting plan.

3. Authority to approve the firefighting plan

a) The Chairman of the People's Committee of the commune, the head of the agency or organization approves the firefighting plan of the facility for facilities not listed in Appendix II issued together with Decree No. 79/2014/ND-CP within their management scope;

b) The Head of the Fire Prevention and Fighting Police Department under the provincial Fire Prevention and Fighting Police approves the firefighting plan of the facility for facilities listed in Appendix II issued together with Decree No. 79/2014/ND-CP within their management area; the firefighting plan of the Fire Prevention and Fighting Police for facilities under their management;

c) The Head of the Fire Prevention, Fighting and Rescue Department under the provincial Public Security Department approves the firefighting plan of the facility for facilities listed in Appendix II issued together with Decree No. 79/2014/ND-CP; the firefighting plan of the Fire Prevention and Fighting Police for facilities and residential areas within their management area; in special cases, approved by the Director of the provincial Public Security Department;

d) The Director of the provincial Fire Prevention and Fighting Police approves the firefighting plan of the Fire Prevention and Fighting Police mobilizing forces and equipment from two or more subordinate Fire Prevention and Fighting Police units or mobilizing forces and equipment from multiple agencies and organizations outside the management area of one subordinate Fire Prevention and Fighting Police unit within their management area;

đ) The Chairman of the People's Committee of the province or centrally governed city approves the firefighting plan of the Fire Prevention and Fighting Police for facilities located in communes bordering two provinces or centrally governed cities and the firefighting plan mobilizing forces and equipment of the military stationed locally;

e) The Director of the Fire Prevention, Fighting and Rescue Bureau approves the firefighting plan of the Fire Prevention and Fighting Police mobilizing forces and equipment from multiple provinces or centrally governed cities.

4. Training regime for the firefighting plan

a) The firefighting plan of the facility specified in Clause 2, Article 21 of Decree No. 79/2014/ND-CP must be organized for regular training, the number of training sessions is decided by the authorized person establishing the firefighting plan but not less than once/year; each training session of the firefighting plan may train one or several different scenarios, but all scenarios in the plan must be trained;

b) The firefighting plan of the Fire Prevention and Fighting Police is organized for training when requested by the authorized person approving the firefighting plan specified in points b, c, d, đ and e of Clause 3 of this Article. The authorized person requesting the organization of the firefighting plan training must notify in writing the Chairman of the People's Committee of the commune, the head of the facility where the training is expected to be held at least 30 working days before the training date and send the request to mobilize forces and equipment to relevant agencies, organizations, localities where the mobilized forces and equipment are located at least 20 working days before the training date. The Chairman of the People's Committee of the commune, the head of the facility organizing the firefighting plan training is responsible for ensuring necessary conditions for the organization of the firefighting plan training;

c) The firefighting plan is organized for sudden training when required to ensure fire prevention and fighting safety for special political, economic, cultural, social events of the locality or the country according to the request of the authorized person approving the firefighting plan specified in Clause 3 of this Article.

Article 13. The list of facilities and residential areas with high fire and explosion risks shall be established by the Fire Prevention and Fighting Police Department to develop firefighting plans.

Attached herewith is the list of facilities and residential areas with high fire and explosion risks for which the Fire Prevention and Fighting Police Department is responsible for developing firefighting plans (Annex I).

Article 14. Procedures for mobilizing forces, means, and assets for firefighting

1. Mobilization of forces, means, and assets for firefighting must be carried out through a mobilization order (Form No. PC13); in urgent cases, the mobilization order may be verbal but must be recorded in writing within no more than three working days.

2. The person giving the verbal order must clearly state their name, position, and place of work, and specify the requirements regarding personnel, means, and assets to be mobilized, time, and location of assembly.

Section 3

ORGANIZATION OF FIRE PREVENTION AND FIGHTING FORCES

Article 15. Organization of activities of civilian defense teams, fire prevention and fighting teams at facilities and specialized fire prevention and fighting teams

1. Organization and staffing of civilian defense teams and neighborhood defense teams

a) A civilian defense team has a staff of 10 to 20 people, including 1 team leader and 1 deputy team leader; for a staff of over 20 to 30 people, an additional deputy team leader is added. A civilian defense team can be divided into neighborhood defense teams, each having a staff of 5 to 10 people, including 1 team leader and 1 deputy team leader;

b) Members of the civilian defense team are those who are regularly present at their place of residence;

c) The Chairman of the People's Committee of the commune issues decisions appointing the team leaders, deputy team leaders of the civilian defense teams, and team leaders, deputy team leaders of the neighborhood defense teams;

d) The Public Security Office at the commune level is responsible for advising and assisting the Chairman of the People's Committee at the same level in establishing the civilian defense team and directly directing the activities of the civilian defense team.

2. Organization and staffing of fire prevention and fighting teams at facilities operating on a non-professional basis

a) For facilities and motorized transport equipment with fewer than 10 people working regularly, all employees at the facility are members of the fire prevention and fighting team at the facility and are commanded and directed by the leader of the facility or the commander of the motorized transport equipment;

b) For facilities and motorized transport equipment with 10 to 50 people working regularly, the minimum staffing of the fire prevention and fighting team at the facility is 10 people, including 1 team leader;

c) For facilities and motorized transport equipment with more than 50 to 100 people working regularly, the minimum staffing of the fire prevention and fighting team at the facility is 15 people, including 1 team leader and 1 deputy team leader;

d) For facilities and motorized transport equipment with more than 100 people working regularly, the minimum staffing of the fire prevention and fighting team at the facility is 25 people, including 1 team leader and 2 deputy team leaders;

đ) For motorized transport equipment and facilities with multiple workshops or independent departments working in shifts, each department, workshop, or shift has 1 fire prevention and fighting team at the facility; the minimum staffing of the fire prevention and fighting team at the facility is from 5 to 9 people, led by the team leader or deputy team leader兼任该设施防火和灭火小组组长。

The head of the agency or organization directly managing the facility or motorized transport equipment issues decisions to appoint the team leader and deputy team leader of the fire prevention and fighting team at the facility.

3. Organization and staffing of fire prevention and fighting teams at facilities operating on a professional basis

a) The staffing of the fire prevention and fighting team at the facility operating on a professional basis must meet the fire prevention and firefighting requirements of the facility and be consistent with the nature and characteristics of the fire and explosion hazards of the facility. The head of the agency or organization directly managing the facility reviews and decides on the organization and staffing of the fire prevention and fighting team at the facility operating on a professional basis. The fire prevention and fighting team at the facility operating on a professional basis works in shifts, ensuring round-the-clock readiness. The leadership team includes 1 team leader and several deputy team leaders to assist;

b) The provision of firefighting equipment for the fire prevention and fighting team at the facility is carried out according to the regulations of the Ministry of Public Security; the Fire Prevention and Fighting Police Department provides guidance on firefighting operations.

4. In addition to the facilities required to establish specialized fire prevention and fighting teams according to Clause 25, Article 1 of the Law Amending and Supplementing Certain Provisions of the Law on Fire Prevention and Fighting, specialized fire prevention and fighting teams must also be established at national reserve warehouses; oil storage facilities with a capacity of 50,000 cubic meters or more; nuclear power plants, power plants with a capacity of 200 MW or more; paper production facilities with an annual output of 35,000 tons or more, nitrogen fertilizer production facilities with an annual output of 180,000 tons or more, textile facilities with an annual output of 20 million square meters; oil refineries; industrial zones and export processing zones with an area of 50 hectares or more.

The staffing of specialized fire prevention and fighting teams must meet the fire prevention and firefighting requirements of the facility and be consistent with the nature and characteristics of the fire and explosion hazards of the facility. The head of the agency or organization directly managing the facility reviews and decides on the organization and staffing of the specialized fire prevention and fighting team. The specialized fire prevention and fighting team works in shifts, ensuring round-the-clock readiness. The leadership team includes 1 team leader and several deputy team leaders to assist.

5. The person issuing the decision to establish the civilian defense team, fire prevention and fighting team at the facility, and specialized fire prevention and fighting team is responsible for maintaining the operation, organizing regular annual training and professional development on fire prevention and fighting, and organizing the classification of the quality of activities of the civilian defense team, fire prevention and fighting team at the facility, and specialized fire prevention and fighting team.

Article 16. Training and Professional Development in Fire Prevention and Fighting

1. Subjects for training and professional development in fire prevention and fighting

a) Persons holding firefighting command positions as stipulated in Clause 2, Article 37 of the Law on Fire Prevention and Fighting;

b) Civil defense officers and members of civil defense teams, grassroots fire prevention and fighting teams, specialized fire prevention and fighting teams;

c) Persons working in environments with fire and explosion hazards or frequently handling flammable and explosive materials;

d) Commanders of seagoing vessels, trains, aircraft, persons working and serving on motorized vehicles with 30 seats or more, and on transportation means carrying flammable and explosive materials;

đ) Persons working in production and business establishments dealing with fire prevention and fighting equipment;

e) Other individuals who request training and professional development in fire prevention and fighting.

2. Chairpersons of People's Committees at all levels, heads of agencies, organizations, and establishments shall be responsible for organizing training and professional development classes in fire prevention and fighting for subjects under their management. Heads of automobile driving training institutions shall be responsible for incorporating fire prevention and fighting knowledge into their training curricula.

In cases where agencies, organizations, and establishments cannot organize training classes themselves or individuals require such training and professional development, they must submit a request to the Fire Prevention and Fighting Police Department to organize the class. The cost of organizing the training class shall be borne by the agency, organization, establishment, or individual participating in the class.

3. Duration of training and professional development in fire prevention and fighting

a) Initial training and professional development duration: From 16 to 24 hours for subjects specified in Clause 1 of this Article;

b) Refresher training duration to obtain a fire prevention and fighting professional training certificate after its expiration: At least 16 hours.

4. Application for issuance of a fire prevention and fighting professional training certificate

a) For agencies, organizations, and establishments that organize their own training classes, the application includes:

- A request for inspection and issuance of a training certificate;

- A training plan and curriculum;

- A list of participants' brief biographies.

b) For agencies, organizations, and establishments that do not organize their own training classes, the application includes:

- A request for organizing a training class;

- A list of applicants' brief biographies.

c) Individuals requiring training and requesting a fire prevention and fighting professional training certificate must submit a registration form for the training class (Form PC14).

5. Procedures for issuing, replacing, and reissuing fire prevention and fighting professional training certificates

a) Subjects specified in Clause 1 of this Article, upon completion of the fire prevention and fighting professional training program and achieving satisfactory results in the examination, shall be issued a fire prevention and fighting professional training certificate (Form PC15) by the authorized Fire Prevention and Fighting Police Department;

b) In cases where the fire prevention and fighting professional training certificate is torn, worn out, lost, or expired, a request for replacement or reissuance must be submitted.

The time limit for issuing, replacing, and reissuing fire prevention and fighting professional training certificates is five working days from the date of satisfactory examination results or receipt of the request for replacement or reissuance.

6. The fire prevention and fighting professional training certificate is issued by the Director of the Fire Prevention and Fighting and Rescue Bureau, the Provincial Fire Prevention and Fighting Director, and the Head of the Provincial Public Security Fire Prevention and Fighting and Rescue Division, and is valid nationwide for two years from the date of issuance. After this period, refresher training is required to obtain a new certificate.

Article 17. Procedures for Mobilizing Civil Defense Forces, Fire Prevention and Fighting Forces to Participate in Fire Prevention and Fighting Activities

1. Civil defense teams, fire prevention and fighting teams at the grassroots level, and specialized fire prevention and fighting teams when mobilized to participate in fire prevention and fighting activities such as propaganda, rallies, parades, sports events, firefighting drills; mitigating fire and explosion risks; dealing with aftermaths of fires and other fire prevention and fighting activities shall be responsible for implementing according to the requirements of authorized persons.

2. The procedures for mobilizing civil defense forces, grassroots-level fire prevention and fighting forces, and specialized fire prevention and fighting forces to participate in fire prevention and fighting activities must be in the form of a written decision (model number PC16); in urgent cases, they can be mobilized verbally, but a written decision must be issued within no more than three working days. When mobilizing verbally, the mobilizer must clearly state their name, position, workplace, address, contact phone number, and specify the number of people required, time, location, and content of the activity.

3. The mobilization decision must be sent to the entity obligated to comply and kept in the file.

Section 4

CERTIFICATION OF EQUIPMENT, LICENSES, BUSINESS OPERATIONS

FIRE PREVENTION AND FIGHTING SERVICES; SAMPLES FOR USE IN WORK

FIRE PREVENTION AND FIGHTING

Article 18. Certification of Fire Prevention and Fighting Equipment

1. Content of Certification

a) Certification of types and models of fire prevention and fighting equipment;

b) Certification of technical parameters related to the quality of the equipment.

2. Methods of Certification

a) Checking the origin, production date, serial number, and technical parameters of the equipment;

b) Checking the types and models of the equipment;

c) Testing and experimenting through random sampling methods; for each batch of the same type and model, certification shall not exceed 5% of the total number of equipment to be certified, but not less than ten samples; if fewer than ten pieces of equipment are to be certified, then all must be certified;

d) Evaluating the results and preparing a certification record (model number PC18).

3. Each piece of fire prevention and fighting equipment only needs to be certified once; if it passes, it will be issued a certificate of equipment certification (model number PC19) and affixed with a certification label (model number PC20).

4. Procedures for Certifying Fire Prevention and Fighting Equipment

a) Application documents for certification include:

- Request for equipment certification (model number PC17);

- Technical documents of the equipment to be certified;

- Quality certificates of the equipment (if available);

- Factory release certificates of the equipment.

If the application documents are in a foreign language, they must be translated into Vietnamese, and the entity requesting certification must bear responsibility for the accuracy of the translation. The entity sending the application documents must provide one set of documents and a sample of the equipment to be certified to the Fire Prevention and Fighting Police Department.

b) Within no more than thirty working days from the date of receiving complete valid documents and samples of the equipment to be certified, the authorized Fire Prevention and Fighting Police Department must issue and deliver the certification results. For equipment that requires certification based on the installation of a synchronized system, the certifying agency must inform the entity requesting certification about the agreed time for delivering the certification results.

Within no more than five working days from the date of receiving the notification letter accompanied by the inspection record from the certifying unit, the authorized Fire Prevention and Fighting Police Department must review and issue the equipment certification certificate; if not issuing the certificate, a written response must be provided, specifying the reasons.

5. Levels of Certification and Issuance of Equipment Certification Certificates

a) The Director of the Fire Prevention, Firefighting, and Rescue Police Bureau shall conduct certification and issue certification certificates for fire prevention and fighting equipment specified in Appendix V promulgated together with Decree No. 79/2014/NĐ-CP;

b) The Director of Provincial Fire Prevention and Fighting Police shall conduct certification and issue certification certificates for fire prevention and fighting equipment specified in items 2, 7, 8, and 9 of Appendix V promulgated together with Decree No. 79/2014/NĐ-CP, fire pumps of organizations, enterprises, and facilities located within their jurisdiction, and other types of fire prevention and fighting equipment authorized by the Fire Prevention, Firefighting, and Rescue Police Bureau to certify;

c) Other units permitted by the Ministry of Public Security to conduct certification for fire prevention and fighting equipment specified in Appendix V promulgated together with Decree No. 79/2014/NĐ-CP. After obtaining the certification results, they must submit a notification letter accompanied by the inspection record to the Director of the Fire Prevention, Firefighting, and Rescue Police Bureau or the Director of Provincial Fire Prevention and Fighting Police, depending on the authority to certify, for review and issuance of the certification certificate.

6. The Fire Prevention, Firefighting, and Rescue Police Bureau shall develop and promulgate procedures for certification, management, and guidance on conducting certification for fire prevention and fighting equipment.

Article 19. Procedures and Authority for Issuing, Renewing, and Reissuing Certificates Confirming Compliance with Conditions for Operating Fire Prevention and Fighting Services

1. Procedures for Issuing, Renewing, and Reissuing Certificates Confirming Compliance with Conditions for Operating Fire Prevention and Fighting Services

a) Within seven working days from the date of receipt of the application form (Form PC21) and other valid documents as stipulated at Points b, c, d, and đ Clause 1 Article 48 Decree No. 79/2014/ND-CP, the competent fire prevention and fighting police authority shall organize inspections on conditions related to location, facilities, equipment, and means ensuring business operations. The inspection results must be recorded in a record (Form PC05). If the enterprise or facility meets the required conditions, the fire prevention and fighting police authority shall issue a certificate confirming compliance with conditions for operating fire prevention and fighting services (Form PC22); if not issued, a written response stating the reasons must be provided.

b) Procedures for reissuing or renewing certificates confirming compliance with conditions for operating fire prevention and fighting services are regulated in Clause 3 Article 49 Decree No. 79/2014/ND-CP, specifically as follows:

- Reissue or renew certificates due to loss or damage: Not exceeding five working days from the date of receipt of the application;

- In cases where certificates need to be renewed due to changes in the name, head, legal representative, or location and business activities of enterprises or facilities related to fire prevention and fighting services, the application package includes: Application form for certificate renewal; certified copies or copies accompanied by original documents for verification of business registration certificates or operation certificates after changes. The processing time for certificate renewal does not exceed five working days from the date when the fire prevention and fighting police authority receives complete and valid documents.

2. Authority for Issuing, Renewing, and Reissuing Certificates Confirming Compliance with Conditions for Operating Fire Prevention and Fighting Services

a) The Director of the Fire Prevention and Fighting Police Department issues, renews, and reissues certificates confirming compliance with conditions for operating fire prevention and fighting services for enterprises and facilities under central ministries and agencies, and foreign-invested enterprises;

b) Provincial Fire Prevention and Fighting Police Directors, Heads of Provincial Fire Prevention and Fighting Police Departments, issue, renew, and reissue certificates confirming compliance with conditions for operating fire prevention and fighting services for local enterprises and facilities, and those cases authorized by the Director of the Fire Prevention and Fighting Police Department.

Article 20. Fire Prevention and Fighting Certificates

1. Certificates for fire prevention and fighting knowledge training are issued by training institutions specializing in fire prevention and fighting and are valid nationwide.

2. Procedures for Issuing Practice Certificates for Consulting on Fire Prevention and Fighting

a) The application package for issuing practice certificates for consulting on fire prevention and fighting consists of two sets (including two 3x4 color photos), specifically:

- Application form for issuing practice certificates for consulting on fire prevention and fighting attached with a statement of relevant professional experience (Form PC23);

- Certified copies or copies accompanied by original documents for verification of relevant diplomas and certificates related to the issuance of practice certificates for consulting on fire prevention and fighting.

b) Within thirty-five working days from the date of receipt of complete and valid documents as stipulated in Point a of this Clause, the Fire Prevention and Fighting Police Department is responsible for reviewing and issuing practice certificates for consulting on fire prevention and fighting to individuals (Form PC24).

3. Procedures for Reissuing Practice Certificates for Consulting on Fire Prevention and Fighting When the Certificate Expires or Is Lost; Renewing Certificates When Damaged or Individuals Request Additional Consulting Content, Specifically:

a) For reissuing practice certificates for consulting, individuals must submit an application for reissuance (Form PC23) to the fire prevention and fighting police authority that previously issued the certificate;

b) For renewing practice certificates for consulting due to damage, in addition to submitting the application, individuals must also return the old certificate;

c) For renewing practice certificates for consulting when requesting additional consulting content, individuals must submit the following documents: Application form (Form PC23); certified copies or copies accompanied by original documents for verification of relevant diplomas and certificates related to the renewal of practice certificates for consulting.

d) Time Limit for Reissuing and Renewing Practice Certificates for Consulting

- The time limit for reissuing or renewing practice certificates for consulting due to damage is five working days from the date of receipt of the application;

- The time limit for renewing practice certificates for consulting when individuals request additional consulting content is thirty-five working days from the date of receipt of complete and valid documents.

4. Practice certificates for consulting on fire prevention and fighting are valid nationwide and have a validity period of five years from the date of issuance.

Article 21. Provisions on forms

This Circular promulgates forms for use in fire prevention and fighting work (Annex II), specifically:

1. Permit for transporting flammable and explosive materials (Form PC01).

2. Application for permit to transport flammable and explosive materials (Form PC02).

3. Certificate of design review for fire prevention and fighting (Form PC03).

4. Stamp for fire prevention and fighting design review (Form PC04).

5. Inspection record for fire prevention and fighting (Form PC05).

6. Notification document on ensuring conditions for fire safety (Form PC06).

7. Decision to temporarily suspend operations (Form PC07).

8. Decision to suspend operations (Form PC08).

9. Application for resuming operations (Form PC09).

10. Decision to resume operations (Form PC10).

11. Fire extinguishing plan of the facility (Form PC11).

12. Fire extinguishing plan of the Fire Prevention and Fighting Police (Form PC12).

13. Order to mobilize forces, equipment, and assets for fire extinguishing (Form PC13).

14. Registration form for attending fire prevention and fighting training courses (Form PC14).

15. Certificate of fire prevention and fighting training (Form PC15).

16. Decision to mobilize civilian defense forces, facility-based fire prevention and fighting forces, and specialized forces to participate in fire prevention and fighting activities (Form PC16).

17. Application for fire prevention and fighting equipment inspection (Form PC17).

18. Inspection record for fire prevention and fighting equipment (Form PC18).

19. Certificate of fire prevention and fighting equipment inspection (Form PC19).

20. Inspection label for fire prevention and fighting equipment (Form PC20).

21. Application for issuance/reissuance/transfer of business operation confirmation certificate for fire prevention and fighting services (Form PC21).

22. Business operation confirmation certificate for fire prevention and fighting services (Form PC22).

23. Application for issuance/reissuance/transfer of professional practice certificate for fire prevention and fighting consultancy and declaration of professional experience in fire prevention and fighting activities (Form PC23).

24. Professional practice certificate for fire prevention and fighting consultancy (Form PC24).

Public Security units and localities must uniformly print the forms prescribed in this Article on A4 paper size (except Forms PC01, PC03, PC04, PC15, PC19, PC20, PC22, and PC24 which are printed and distributed by the Fire Prevention and Fighting and Rescue Bureau) and shall not arbitrarily change the content of the forms; they are responsible for managing the printing, distribution, and use of the forms and maintain records to monitor them.

Chapter III

IMPLEMENTATION

Article 22. Effectiveness

This Circular takes effect from February 6, 2015, and replaces Circular No. 11/2014/TT-BCA dated March 12, 2014, issued by the Minister of Public Security detailing the implementation of certain provisions of Decree No. 35/2003/NĐ-CP dated April 4, 2003, and Decree No. 46/2012/NĐ-CP dated May 22, 2012, detailing the implementation of certain provisions of the Law on Fire Prevention and Fighting and Chapter III of Circular No. 35/2010/TT-BCA dated October 11, 2010, issued by the Minister of Public Security regarding the issuance of permits for transporting industrial explosives and dangerous goods.

Article 23. Responsibility for Implementation

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

2. The heads of the General Directorates, heads of units under the Ministry of Public Security, Directors of Public Security, Fire Prevention and Fighting Police of provinces and centrally-administered cities, and related organizations and individuals are responsible for implementing this Circular.

During the implementation of this Circular, if there are difficulties or obstacles, Public Security units and localities, agencies, organizations, and individuals should report to the Ministry of Public Security (through the Fire Prevention and Fighting and Rescue Bureau) for timely guidance.