The fire safety certificate is no longer a document unfamiliar to citizens. Currently, many projects, works, as well as other types of subjects require people to satisfy fire safety requirements. However, not everyone can get a fire safety certificate easily and quickly, they do not know what to prepare for the application and where to submit it. So, in this article, LSX legal firm will answer the question: “Where to apply for a fire safety certificate in Vietnam?”
Legal ground
- Decree 136/2020/ND-CP
Subjects that must apply for a fire safety certificate
Appendix V of Decree No. 136/2020/ND-CP stipulates that the subjects must have appraisal and approval of fire prevention and fighting designs including:
Premises of regulatory bodies at all levels with at least 7 stories or a total volume of at least 5.000 m3.
Apartment buildings, tenement houses, and dormitories with at least 7 stories or a total volume of at least 5.000 m3; mixed-use buildings with at least 7 stories or a total volume of at least 5.000 m3.
Hospitals; polyclinics, clinics, sanitariums, physical rehabilitation facilities, orthopedic facilities, nursing homes, epidemic prevention, and control facilities, medical centers, and other healthcare facilities established under the Law on Medical Examination and Treatment with at least 5 stories or a total volume of at least 3.000 m3.
Markets; shopping malls; supermarkets; department stores; convenience stores; restaurants and eateries with a total volume of at least 3.000 m3.
Hotels, guest houses, rented houses, and other types of lodgings established under the Law on Tourism with at least 7 stories or a total volume of at least 5.000 m3.
Workplaces of enterprises and socio-political organizations with at least 7 stories or a total volume of at least 5.000 m3.
Museums, libraries; exhibits; storage facilities, bookstores, and fair facilities with a total volume of at least 5.000 m3.
Nuclear facilities; facilities producing, trading, and preserving industrial explosives and explosive precursors; industrial explosive and explosive precursor storage; industrial explosive and explosive precursor import and export ports; weapon and combat gear storage.
Power plants; electrical substations with a voltage of at least 110 kV.
Motor vehicles subject to special requirements for fire safety. Railway vehicles and watercrafts at least 20 m in length transporting passengers, gasoline, oil, flammable liquids, flammable gas, explosives, and chemicals posing fire and explosion hazards.
….
Where to apply for a fire safety certificate?
Competent authority to issue the certificate of fire prevention and fighting approval:
The Police Department of Fire Prevention and Firefighting
The Police Department of Fire Prevention and Firefighting and Rescue has the power to appraise fire safety designs of:
- Firstly, projects and works meeting criteria for projects and works of national importance and group A projects and works as per the law on public investment (excluding state-funded projects and works whose investors are provincial governments);
- Secondly, works of more than 100 m in height; works located in 02 or more central-affiliated cities and provinces;
- Thirdly, watercrafts of 50 m or more in length carrying passengers or flammable liquids, flammable gases, explosives, and chemicals posing fire and explosion hazards;
- Fourthly, work investment projects proposed by fire departments (excluding national defense facilities operating for military purposes and motor vehicles subject to special fire safety requirements manufactured or converted for military operations by national defense facilities);
Fire departments of the provincial police
Fire departments have the power to appraise fire safety designs of:
- Firstly, planning schemes for cities, economic zones, industrial parks, industry clusters, export-processing zones, hi-tech parks, and other functional zones according to the Law on Planning located in localities under their management;
- Secondly, projects and works on fire safety designs of which are not appraised by the Police Department of Fire Prevention and Firefighting and Rescue and which are located in localities under their management, and cases authorized by the Police Department of Fire Prevention and Firefighting and Rescue;
- Thirdly, motor vehicles that are subject to special fire safety requirements and located in localities under their management and fire safety designs of which are not appraised by the Police Department of Fire Prevention and Firefighting and Rescue, and cases authorized by the Police Department of Fire Prevention and Firefighting and Rescue, excluding national defense facilities operating for military purpose and motor vehicles subject to special fire safety requirements manufactured or converted for military operations by national defense facilities.
Dossiers to apply for a fire safety certificate?
For construction planning projects:
- Firstly, application for consideration of and feedback on fire safety solution of entity formulating the planning (made using Form No. PC06).
- Secondly, documents and detailed planning drawings at a scale of 1/2000 (for industrial parks of more than 20ha) or 1/500 (for the remaining cases) showing requirements for fire safety solutions mentioned in Clauses 1, 2, 3, and 4 Article 10 of Decree 136/2020/ND-CP.
For application for feedback on fundamental design of project/work:
- Firstly, application for consideration of and feedback on fire safety solution of investor (made using Form No. PC06), and letter of authorization per the law if the investor authorizes another unit to carry out this task.
- Secondly, the decision to approve construction investment guidelines (for state-funded projects).
- Thirdly, written approval of construction investment guidelines (if any) or investment registration certificate (if any) or certificate of land use rights or written proof of lawful land use rights (for the remaining cases).
- Fifthly, certificate of eligibility for fire prevention and fighting service business of fire safety design consultancy unit.
- Lastly, fundamental design description and drawings showing requirements for fire safety solutions mentioned in Article 11 of Decree 136/2020/ND-CP.
For application for appraisal of technical design or construction drawing design:
- Firstly, application for appraisal of fire safety design of investor (made using Form No. PC06), and letter of authorization per the law if the investor authorizes another unit to carry out this task.
- Secondly, written feedback on fundamental fire safety design from the firefighting authority (if any).
- Thirdly, decision to approve construction investment guidelines (for state-funded projects).
- Fourthly, written approval of construction investment guidelines (if any) or investment registration certificate (if any) or certificate of land use rights, or written proof of lawful land use rights (for the remaining cases).
- Also, certificate of eligibility for fire prevention and fighting service business of fire safety design consultancy unit.
- Cost estimate for construction of work.
- Drawings and description of technical design or construction drawing design showing fire safety requirements mentioned in Article 11 of Decree 136/2020/ND-CP.
- Copies of design appraisal certificate, design appraisal document, drawing bearing seal of fire safety appraisal (for renovation/amended design dossiers).
- Document on construction design appraisal by construction authority (if any).
For application for appraisal of technical design of motor vehicle subject to special fire safety requirements:
- Firstly, application for appraisal of fire safety design of investor/vehicle owner (made using Form No. PC06), and letter of authorization per the law if the investor/vehicle owner authorizes another unit to carry out this task.
- Secondly, certificate of eligibility for fire prevention and fighting service business of fire safety design consultancy unit;
- Thirdly, estimated investment in the vehicle.
- Fourthly, technical design description and drawings showing fire safety requirements mentioned in Points b and c Clause 1 and Points b, c, d, and e Clause 3 Article 8 of Decree 136/2020/ND-CP.
Legal service of LSX Legal Firm
LSX legal firm provides legal services to clients in various legal areas. To make your case convenient, LSX will perform:
- Legal advice related to new regulations;
- Representing in drafting and editing documents;
- We commit the papers to be valid, and legal for use in all cases;
- Represent to submit documents, receive results, and hand them over to customers.
With a team of experienced, reputable, and professional consultants; The firm is always ready to support and work with clients to solve legal difficulties.
Furthermore, using our service, you do not need to do the paperwork yourself; We guarantee to help you prepare documents effectively and legally.
Also, you will not have to waste time preparing the application, submitting application, or receiving results. At those stages, we will help you do it smoothly.
After all, LSX provides the service with the desire that customers can experience it the best way. Additionally, we guarantee the cost to be the most suitable and economical for customers.
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Related questions
An individual may provide fire prevention as well as fighting services under the following conditions:
Firstly, the individual has a practitioner certificate in fire prevention and fighting suitable for their business operations.
Secondly, the individual works for a service business.
Firstly, the police Department of Fire Prevention and Fighting and Rescue;
Secondly, the provincial-level fire prevention and fighting police;
Thirdly, the provincial-level police department of fire prevention and fighting and rescue;
Firstly, the Head and legal representative of the business must have qualification and certificates of training in fire safety.
Secondly, there is at least one Commander who is in charge of construction of fire safety.
Thirdly, there are operating places and facilities, vehicles, equipment; or machinery serving the construction and installation of fire safety system.
Contact LSX
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