Joint Circular No.: 01/TTLT on the temporary regime for agreement on fire prevention and fighting design and equipment of construction projects

CIRCULAR

JOINT MINISTRY OF PUBLIC SECURITY - NATIONAL BASIC CONSTRUCTION COMMITTEE
JOINT CIRCULAR NO. 01/TT-LB DATED JANUARY 18, 1964 ON TEMPORARY REGIME
AGREEMENT ON DESIGN AND FIRE PROTECTION EQUIPMENT
AND FIRE FIGHTING OF CONSTRUCTION PROJECTS

Article 3. The Ordinance dated September 27, 1961 "regulating the management of the State on fire prevention and firefighting work" stipulates that the Fire Prevention and Firefighting Department has the task to "agree on the design and fire protection equipment of construction projects for economic and cultural purposes and large residential buildings before implementing such projects."

Article 6. Decree No. 220/CP dated December 28, 1961 of the Council of Ministers on the implementation of the above ordinance provides that professional fire prevention and firefighting teams under the Public Security Departments have the task to "agree on the design and fire protection equipment of local construction projects."

Based on the above ordinance and decree, we now establish a temporary regime regarding the agreement on design and fire protection equipment of construction projects as follows:

I. REGIME WHEN DESIGNING

1. The following projects must be agreed upon regarding their design and fire protection equipment before construction begins: all factories, warehouses, economic and cultural facilities where many people gather, flammable materials, explosive substances, valuable items, and large residential areas.

New constructions, expansions, additional constructions, or changes in the nature of use of these projects must follow the pre-construction agreement regime.

2. The files to be submitted for review by the fire prevention and firefighting authority include:

a. A comprehensive site plan: new construction projects, existing structures within and around the construction area (houses, ponds, lakes, roads, rivers, dikes, railways, power lines, substations, greenery, city water pipes, etc.), water system (reservoirs, water towers, underground water tanks, water pipes, hydrants, external fire pumps, internal fire water systems if available). In this map, the distances between structures must be clearly marked.

If future expansion or additional construction is planned, the location of the expansion should be noted for the fire prevention and firefighting authority to conveniently study fire prevention distances.

b. Technical design drawings: paths, corridors, emergency staircases, exits, locations of machinery, dust extraction systems, meters, circuit breakers, etc.

c. An explanatory document: based on the design standards and depending on whether it is a production factory, warehouse, office building, residence, etc., the following issues should be explained:

- The production category (A, B, C, D, Đ) of the factory or warehouse;

- The fire resistance rating of each structure (1, 2, 3, 4, 5);

- Number of floors;

- Fire prevention distances, paths, and exits;

- Fire water supply;

- Fire containment sections;

- Structures with mechanical and ventilation equipment installed;

- Residences, auxiliary buildings, office buildings.

3. To expedite the design agreement process and avoid waste, designers should consult with the fire prevention and firefighting authority before officially designing. After completing the design, the files should be sent to the fire prevention and firefighting authority: for designs agreed upon by the Fire Prevention and Firefighting Department under the Ministry of Public Security, three copies of each (maps and explanations) signed by the head of the design agency should be sent; for designs agreed upon by local fire prevention and firefighting teams, two copies should be sent to the fire prevention and firefighting team under the Public Security Department.

The fire prevention and firefighting authority must provide comments within twenty days from the date of receipt of the design. For projects decided by the Council of Ministers to be constructed urgently, this period may be shortened.

For projects built according to national standard design plans or reused design plans, only the comprehensive site plan and explanatory document, along with any changes compared to the standard or reused design plan, need to be sent to the fire prevention and firefighting authority for comments before construction begins.

4. For projects agreed upon by the Fire Prevention and Firefighting Department, after reviewing the design, if approved, the Fire Prevention and Firefighting Department Director signs and stamps it, then returns one copy to the design agency, sends one copy to the local fire prevention and firefighting team for construction monitoring, and retains one copy.

For projects agreed upon by local fire prevention and firefighting teams, the fire prevention and firefighting team leader signs and stamps it, sends one copy to the design agency, and retains one copy.

5. After the fire prevention and firefighting authority agrees on the design, if the design agency, construction agency, or user agency needs to modify, add, or subtract from the original design, expand the project, construct additional parts, or change the nature of use of the project, they must obtain approval from the fire prevention and firefighting authority before construction or use.

6. For old facilities that previously did not have agreements on design and fire protection equipment, when expanding, repairing, or changing the nature of use, they should proceed according to the general regulations established.

7. When designing or agreeing on design, the design agency or fire prevention and firefighting authority must strictly adhere to the prescribed standards.

II. CLASSIFICATION OF DESIGN AGREEMENTS AND EQUIPMENT

FIRE PREVENTION AND FIGHTING

8. The Fire Prevention and Firefighting Department under the Ministry of Public Security agrees on the design of projects designed by foreign entities and those managed centrally.

Local fire prevention and firefighting teams under the Public Security Departments agree on the design of local projects and projects delegated by the Fire Prevention and Firefighting Department.

III. REGIME FOR MONITORING AND INSPECTING CONSTRUCTION

9. Local fire prevention and firefighting teams under the Public Security Departments are responsible for monitoring and inspecting the construction of projects agreed upon by the Fire Prevention and Firefighting Department or local fire prevention and firefighting teams, and simultaneously inspecting and guiding overall fire prevention and firefighting at construction sites.

10. During the construction process, if any modifications related to fire prevention and firefighting standards are necessary, the design agency or the construction agency must submit a document to the fire prevention and firefighting agency that had previously approved the design before making such modifications and await new approval.

11. In cases where construction does not comply with the design and fire prevention and firefighting equipment, the local fire prevention and firefighting agency shall remind and require the construction agency to promptly correct the non-compliance in accordance with the previously approved design.

If construction deviates from the design plan and violates established fire prevention and firefighting standards, and the construction agency fails to make corrections upon request by the fire prevention and firefighting team, the fire prevention and firefighting team leader shall issue a temporary halt order for the construction of the faulty section. The record shall be made in five copies (one sent to the Fire Prevention and Firefighting Department under the Ministry of Public Security, one sent to the State Basic Construction Management Committee if the project is centrally managed or to the Local Basic Construction Management Committee if it is locally managed, one copy sent to the project management agency, one retained by the fire prevention and firefighting team, and one retained by the construction agency).

12. Upon receipt of the decision to halt construction, the State Basic Construction Management Committee or the Local Basic Construction Management Committee (depending on whether the construction project is centrally or locally managed) shall convene representatives from the fire prevention and firefighting agency that had approved the design and halted construction, representatives from the design agency and the construction agency to address the matter.

13. A construction project that has been improperly constructed in terms of fire prevention and firefighting may only resume construction or be put into use after being approved by the aforementioned council.

14. After completion of construction or installation, the construction agency or installation agency shall notify the local fire prevention and firefighting team to conduct another inspection and provide guidance on fire prevention and firefighting before handing over to the user agency.