Circular No. 82/2021/TT-BCA stipulates standards, duties, training, and inspection of design review and fire safety acceptance operations for firefighting rescue forces.

CIRCULAR

Provisions on standards, tasks, training, and business inspection

design review and acceptance for fire prevention and fighting by the Fire Prevention and Fighting Police Force and Rescue Units

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;

Pursuant to 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 Fighting and the Law Amending and Supplementing Certain Provisions of the Law on Fire Prevention and Fighting;June 2024;fire prevention and fightingJune 2024;fire prevention and fighting

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

at the request of the Director of the Fire Prevention and Fighting Police Force and Rescue UnitsứProvisions on standards, tasks, training, and business inspection for design review and acceptance for fire prevention and fighting by the Fire Prevention and Fighting Police Force and Rescue Units

The Minister of Public Security issues this Circular qProvisions on standards, tasks, training, and business inspection for design review and acceptance for fire prevention and fighting by the Fire Prevention and Fighting Police Force and Rescue Unitsrime Minister cProvisions on standards, tasks, training, and business inspection for design review and acceptance for fire prevention and fighting by the Fire Prevention and Fighting Police Force and Rescue UnitsứThis Circular stipulates the standards and tasks of officers and non-commissioned officers (hereinafter collectively referred to as cadres) of the People's Public Security Forces performing design review and acceptance for fire prevention and fighting work; training and business inspection for design review and acceptance for fire prevention and fighting by the Fire Prevention and Fighting Police Force and Rescue Units.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. Assign cadres with appropriate capabilities to ensure the standards set forth in this Circular and other regulations of the Ministry of Public Security to perform design review and acceptance for fire prevention and fighting work.

Article 2. Principles of Assignment

2. Training for design review and acceptance for fire prevention and fighting must be regular and timely to meet the requirements of the work and improve the quality of cadres performing design review and acceptance for fire prevention and fighting work.

a) Direct, guide, and inspect the performance of functions and tasks of the Fire Prevention and Fighting Police Force and Rescue Units in design review and acceptance for fire prevention and fighting work;

3. Ensure objectivity, transparency, and fairness in evaluating the capabilities and qualifications of cadres in their inspection work related to professional duties for design review and commissioning work related to fire prevention and fighting.

Chapter II

STANDARDS AND TASKS OF CADRES PERFORMING DESIGN REVIEW AND COMMISSIONING WORK RELATED TO FIRE PREVENTION AND FIGHTING

Article 3. Standards for officers directly implementing design review and fire safety acceptance work

Officers directly implementing design review and fire safety acceptance work must meet the following standards:

1. Hold a bachelor's degree or higher in fire prevention, firefighting, and rescue operations.

2. Have passed the professional examination on design review and fire safety acceptance work to the required standard.

3. Have worked in fire prevention, firefighting, and rescue operations within the Fire Prevention and Fighting Police Force for the following periods:

a) At least five years for officers under the Fire Prevention and Fighting Police Bureau;

b) At least three years for officers under the Provincial Public Security Fire Prevention and Fighting Police Department (hereinafter referred to as the Provincial Public Security Department).

Article 4. Duties of leaders and commanders responsible for design review and fire safety acceptance work

1. The Director of the Fire Prevention and Fighting Police Bureau has the following duties:

b) Organize the implementation of design review and acceptance for fire prevention and fighting work for projects, constructions, and motor vehicles that have special requirements for fire safety according to the classification;

a) Direct, monitor, and inspect the performance of functions and tasks of the Fire Prevention and Fighting Police Force and Rescue Units in design review and acceptance for fire prevention and fighting work within their jurisdiction;

c) Direct research and application of scientific and technological progress and international cooperation in fire safety assurance during construction investment;

d) Perform tasks assigned or delegated by the Minister of Public Security.

2. The Director of the Provincial Public Security Department has the following duties:

a) Advise the Director of the Fire Prevention and Fighting Police Force and Rescue Units to organize the work of monitoring the situation, collecting information to serve design review and acceptance for fire prevention and fighting work;

b) Direct the organization of situation awareness and information collection to serve design review and fire safety acceptance work;

c) Direct research and application of scientific and technological progress and international cooperation in fire safety assurance during construction investment.

3. The Deputy Director of the Fire Prevention and Fighting Police Bureau performs the tasks specified in points a, b, and c of Clause 1 of this Article when assigned by the Director.

4. The Deputy Director of the Provincial Public Security Department performs the tasks specified in Clause 2 of this Article when assigned by the Director of the Provincial Public Security Department.

5. The Head of the Fire Safety Design Review Department under the Fire Prevention and Fighting Police Bureau has the following duties:

d) Coordinate research and propose organizational structure, staffing, and training programs to enhance the competence of cadres performing design review and acceptance for fire prevention and fighting work within their jurisdiction;

b) Assign officers under their management to perform design review and fire safety acceptance work;

c) Direct, monitor, and inspect the performance of tasks by officers performing design review and fire safety acceptance work under their management;

d) Study and propose the application of international and foreign standards on fire prevention and fighting in Vietnam;

c) Organize the implementation of design review and acceptance for fire prevention and fighting work for projects, constructions, and motor vehicles that have special requirements for fire safety according to the classification;

f) Implement information, statistics, reporting systems, and other tasks assigned by superiors.

6. The Head of the Fire Prevention and Fighting Police Department under the Provincial Public Security Department has the following duties:

a) Direct, monitor, and inspect the performance of tasks by officers performing design review and fire safety acceptance work under their management;

b) Organize situation awareness and information collection to serve design review and fire safety acceptance work;

7. The Deputy Head of the Design Review Department for Fire Prevention and Fighting under the Fire Prevention and Fighting Police Force and Rescue Units shall perform the tasks specified in Clause 5 of this Article when assigned by the Head of the Department; the Deputy Head of the Fire Prevention and Fighting Police Department under the Provincial Public Security shall perform the tasks specified in Clause 6 of this Article when assigned by the Head of the Department.

d) Study and propose the application of scientific and technological progress and international cooperation in fire safety assurance during construction investment;

e) Implement information, statistics, reporting systems, and other tasks assigned by superiors.

9. The Deputy Head of the Business Team responsible for design review and acceptance for fire prevention and fighting work under the Fire Prevention and Fighting Police Department and Rescue Units of the Provincial Public Security shall perform the tasks specified in Clause 8 of this Article according to the assignment of the Team Leader.

8. The Team Leader of the Operational Team performing design review and fire safety acceptance work under the Fire Prevention and Fighting Police Department of the Provincial Public Security Department has the following duties:

a) Advise on organizing situation awareness and information collection to serve design review and fire safety acceptance work within the scope of responsibility assigned;

b) Organize the implementation of design review and fire safety acceptance work assigned;

c) Monitor and inspect the performance of responsibilities and tasks by officers performing design review and fire safety acceptance work under their management;

d) Implement information, reporting systems, and other tasks assigned by superiors.

3. Monitor the situation, coordinate, and support in the following work: Fire safety inspections, firefighting operations, rescue operations, and investigation of fire causes for projects, constructions, and motor vehicles assigned to design review and acceptance for fire prevention and fighting work.

Article 5. Duties of staff performing design review and fire inspection tasks

1. Study and advise leaders and direct commanders managing the following contents:

a) Drafting, amending legal normative documents, standards, and technical regulations related to fire prevention and fighting concerning design review and fire inspection tasks;

b) Understanding the situation and collecting information to serve design review and fire inspection tasks according to the field, type of project, and construction works under their management scope;

c) Guiding, training, inspecting to improve the quality of design review and fire inspection tasks;

d) Proposing the application of international standards and foreign standards on fire prevention and fighting in design and design review tasks for fire prevention and fighting;

đ) Proposing the application of science, technology, and international cooperation in design review and fire inspection tasks;

2. Perform design review and fire inspection tasks when assigned;

a) The head of the department directly responsible for design review and acceptance for fire prevention and fighting work;

4. Implement information reporting systems and other tasks assigned by superiors;

Chapter III

TRAINING AND INSPECTION OF DESIGN REVIEW AND FIRE INSPECTION TASKS

Article 6. Training of design review and fire inspection tasks

1. Training targets:

b) Commanders of teams and staff directly responsible for and implementing design review and acceptance for fire prevention and fighting work;

c) The head of the department, commanders of teams, and staff expected to be directly responsible for and implementing design review and acceptance for fire prevention and fighting work.

b) A system of relevant standards related to design requirements for construction types and motor vehicles with special requirements for fire safety, fire protection systems, and other related technical systems;

2. Training contents:

a) Legal provisions related to fire prevention and fighting in construction investment;

1. Initial inspection for those who have been trained as provided for in Point c Clause 1 Article 6 of this Circular (excluding department heads).

c) Basic operational tasks and record-keeping tasks serving design review and fire inspection tasks;

d) Procedures and contents of design review and fire inspection tasks;

đ) Administrative violation handling procedures in the field of fire prevention and fighting; temporary suspension, cessation of activities;

e) Other relevant contents to meet task requirements;

3. Training organization:

a) The Fire Prevention, Firefighting, and Rescue Bureau develops plans and organizes training for the subjects specified in Clause 1 of this Article within its management scope;

b) Provincial Public Security Organs develop plans and organize training for the subjects specified in Clause 1 of this Article within their management scope.

Article 7. Professional inspection of design review and acceptance work on fire prevention and firefighting

c) Establish a Business Inspection Council for design review and acceptance for fire prevention and fighting work. The Chairman of the Council is the Director of the Fire Prevention and Fighting Police Force and Rescue Units. Members of the Council include Deputy Directors in charge and representatives from units under the Fire Prevention and Fighting Police Force and Rescue Units. The Council is responsible for developing rules, creating examination questions and answers consistent with the training program content, organizing inspections, and grading;

Clause 2. Periodic inspections every three years shall be conducted for subjects specified in Point b of Clause 1 of Article 6 of this Circular.

Clause 3. The Fire Prevention, Firefighting, and Rescue Police Department shall be responsible for:

a) Organizing inspections for subjects specified in Points b and c of Clause 1 of Article 6 of this Circular after they have been trained by the directly managing unit according to regulations;

b) Notifying the time, location of organization, and list of officers participating in the inspection at the request of the provincial police force;

4. Provincial Public Security shall be responsible for reviewing and compiling lists of individuals specified in Points b and c Clause 1 Article 6 of this Circular who have been trained and preparing files to request the Fire Prevention and Fighting Police Force and Rescue Units to conduct business inspections.

d) Publicizing the inspection results and notifying the inspection results in writing within five working days from the date of obtaining the inspection results.

5. The results of business inspections for design review and acceptance for fire prevention and fighting work are valid for three years from the date of notification of inspection results. Cadres who fail the inspection will not be assigned to perform design review and acceptance for fire prevention and fighting work.

The budget for compiling and distributing training materials, organizing training, and conducting business inspections for design review and acceptance for fire prevention and fighting work shall be allocated within the regular budget of the Fire Prevention and Fighting Police Force and Rescue Units, Provincial Public Security, and other lawful sources as prescribed.

Article 8. Funding to ensure the organization of training and professional inspection of design review and acceptance work on fire prevention and firefighting

The budget for compiling, issuing training materials, organizing training sessions, and conducting professional inspections of design review and fire prevention and fighting acceptance work shall be allocated from the regular budget of the Fire Prevention and Fighting Police Corps, provincial public security departments, and other lawful sources as prescribed.

Chapter IV

IMPLEMENTING PROVISIONS

Article 9. Effective Date

Clause 1. This Circular takes effect from September 20, 2021.

2. Transitional provisions:

a) The leaders of the department, commanders of the team who are directly responsible for reviewing design plans and inspecting fire prevention and firefighting work, and officers who are directly assigned to perform such tasks but have not met the standards as stipulated in Clause 1, Article 3 of this Circular shall still be arranged to continue performing their assigned tasks until 36 months from the date this Circular takes effect;

b) The subjects specified in point a of this Clause who have not met the standards as stipulated in Clause 2, Article 3 of this Circular shall still be arranged to continue performing their assigned tasks until 24 months from the date this Circular takes effect.

Article 10. Responsibility for Implementation

Clause 1. The Director of the Fire Prevention, Firefighting, and Rescue Police Department shall be responsible for:

a) Directing, guiding, and inspecting the implementation of this Circular;

b) Assigning officers who meet the prescribed standards to perform design review and acceptance work on fire prevention and firefighting;

c) Directing the compilation and issuance of training materials for professional work on design review and acceptance on fire prevention and firefighting;

d) Organizing professional inspections of design review and acceptance work on fire prevention and firefighting.

Clause 2. The Director of the provincial police force shall be responsible for:

a) Assigning officers who meet the prescribed standards to perform design review and acceptance work on fire prevention and firefighting;

b) Arrange locations and material resources to ensure necessary conditions for organizing training and business inspections in accordance with this Circular and guidance from the Fire Prevention and Fighting, Search and Rescue Police Corps.

Clause 3. Heads of units under the Ministry of Public Security and Directors of provincial police forces according to their functions and tasks as prescribed shall be responsible for implementing this Circular.

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