Many places are currently experiencing large-scale fires, causing great loss of life and property. The cause may be the negligence of a person in the building. Or the building may not meet the fire safety and firefighting requirements that the building should have. Therefore, if an establishment is required to carry out procedures for issuance of a certificate of fire prevention and fighting, it must carry out the procedures for applying for it and send it to a competent agency for handling. Let’s find out with Lawyer X about this issue “Instructions on applying for a fire protection license in Vietnam”.
Legal grounds
Decree 114/2021/ND-CP
Decree No. 136/2020/ND-CP
Circular 258/2016/TT-BTC
What is a fire protection license?
Fire prevention and fighting license (or Certificate of approval for fire prevention and fighting design) is a legal document proving that the granted object has met the conditions for fire prevention and fighting as prescribed by law.
Subjects must apply for a fire prevention and fighting license
Pursuant to Appendix I issued together with Decree No. 136/2020/ND-CP, the following cases need to carry out the procedures for applying for a fire prevention and fighting license:
- Headquarters of state agencies at all levels.
- Apartment buildings; dormitories, dormitories; mixed house.
- Kindergartens, kindergartens and preschools; elementary and junior high schools; high schools, high schools with many levels of education; colleges, universities, institutes; professional secondary schools; skills School; continuing education institutions; other educational institutions established under the Law on Education.
- Hospital; polyclinics, specialized examinations, nursing homes, rehabilitation, orthopedic, nursing homes, epidemic prevention and control establishments, medical centers and other medical facilities established under the Law on Examination, Healing.
- Theatres, cinemas, circuses; conference center, event organization; cultural houses, karaoke service establishments, dance halls; bars, clubs, beauty salons, massage service businesses, amusement parks, zoos, aquariums.
- Market; commercial centers, electronics; supermarket; convenient store; convenient shop; restaurants, shops.
- Hotels, guest houses, motels; inns and other accommodation establishments established under the Law on Tourism.
- Working houses of businesses, political and social organizations.
- Museums, libraries; Exhibitors; exhibitors, archives, bookstores, fairs; religious basis.
- Post offices, radio, television and telecommunications establishments; information equipment installers; central storage, data management.
- Stadium; sports stadium; indoor sports arcade; fitness and sports centers; racecourse, shooting range; other sports establishments established under the Law on Physical Training and Sports.
- Airport; Air traffic control tower; seaport; Dry port; inland waterway ports; bus station; rest stop station; railway station; waiting house for the cable car to transport people; subway works; motor vehicle registration facility; shops selling, repairing and maintaining cars, motorbikes and motorbikes.
- Parking garages and parking lots are established in accordance with law.
- Road tunnels, railway tunnels with a length of 500 m or more.
- Nuclear facilities; establishments producing, trading, preserving and using industrial explosives and explosive precursors; warehouse of industrial explosives and explosive precursors; port of export and import of industrial explosives and explosive precursors; armory, support tools.
- Establishments that exploit, process, produce, transport, trade and preserve petroleum and petroleum products and gas on land; petroleum and petroleum product depots, gas depots; port of export and import of petroleum and petroleum products, gas; petrol and oil stores, flammable liquid stores; gas store.
- Industrial establishments with fire and explosion hazard classes A, B, C, D, E.
- Power plants; transformer stations with voltage from 110 kV or more.
- Cellars engaged in production, storage and use of flammable and explosive substances; warehouse of flammable goods and materials or inflammable goods and materials in flammable packages; the warehouse for goods, supplies and flammable scraps has an area of 500 m2 or more.
- Other establishments not on the list from items 1 to 19 have an internal petrol station or use it central gas supply system with a total gas use of 70kg or more.
- Residential houses in combination with the production and trading of goods, flammable substances, goods in flammable packages of households./
Procedures for applying for a fire prevention and fighting license
Dossier to apply for a fire protection license
An application form for a competent authority to issue a certificate of satisfaction of fire prevention and fighting conditions (with reference form)
A certified true copy of the certificate of competence in fire prevention and fighting; test documents on fire prevention and fighting for newly renovated or newly built establishments, motorized vehicles that need to ensure fire prevention and fighting safety when converted or built; certified true copy of the fire prevention and fighting safety inspection record for other facilities and motor vehicles.
The list of all fire prevention and fighting means and life-saving means equipped (with reference form)
Fire fighting plans
Decision of the enterprise on the establishment of the grassroots fire prevention and fighting team. List of individuals who have passed training in fire prevention and fighting.
Where can I apply for a fire permit?
The Fire Prevention and Fighting Police Department will issue fire prevention and fighting licenses to the subjects approved and accepted by the department for fire prevention and fighting. The Fire Prevention and Fighting Police Department issues “Fire prevention and fighting permits” to authorized entities.
In case the fire prevention and fighting conditions are not met to issue a certificate, the fire prevention and fighting police agency must clearly notify the reason requesting agency, organization, or individual.
Fee for applying for a fire prevention and fighting license
In Circular 258/2016/TT-BTC, fees for appraisal and approval of fire prevention and fighting designs, a number of articles are amended in Circular 52/2019/TT-BTC stipulating fees for making fire prevention and fighting permits. .
Article 5 of Circular 258/2016/TT-BTC, the method of calculating fee for issuance of fire prevention and fighting certificate is prescribed as follows:
Fees for appraisal and approval = Total approved project investment x Charge rate
In there:
The total project investment is determined according to the provisions of Decree No. 32/2015/ND-CP on the management of construction investment costs and amendments, supplements, and replacement documents (if any) except costs of compensation for site clearance, support, resettlement, land use costs (calculated before tax).
Charge rates are specified in Tables I and II attached to this Circular.
In case the project has a total investment between the ranges of the total investment value of the project stated in the fee schedule I and II attached to this Circular, the fee calculation rate shall be calculated according to the following formula:
In there:
Nit is the charging rate of the ith project according to the scale of the value to be calculated (Unit: %).
Git is the total investment value of the ith project to be charged for approval (Unit: Billion VND).
Gia is the value of the total investment close to the total investment value of the project to be charged for approval (Unit: Billion VND).
Gib is the value of the total investment close to the total investment value of the project to be charged for approval (Unit: Billion VND).
Nia is the charge rate of the ith project corresponding to Gia (Unit: %).
Nib is the charging rate of the ith project corresponding to Gib (Unit: %).
The level of appraisal and approval fee payable for a project is determined according to the guidance in Clauses 1 and 2 of this Article, the minimum level is 500,000 VND/project and the maximum is 150,000,000 VND/project.
Rates of fee for appraisal and approval for construction investment projects, design, renovation or change in use properties of works or work items; conversion of motorized means of transport; new construction of work items shall be determined according to the total value of investment in renovating or changing the use properties of works or work items; conversion of motorized means of transport; new construction design work items.
Regarding the current rate schedule for calculating the fee for issuance of fire prevention and fighting certificates, it is issued together with Circular No. 258/2016/TT-BTC dated November 11, 2016 of the Minister of Finance.
What is the penalty for not having a fire prevention license?
Pursuant to Article 30 of Decree 114/2021/ND-CP dated December 31, 2021 on sanctioning of administrative violations in the field of security, order and social safety; Prevention of social evils; fire protection; rescue and rescue; Domestic violence prevention and control regulations on penalties for violations of regulations on safety inspection of fire prevention and fighting and rescue and rescue shall be penalized as follows:
A fine ranging from VND 300,000 to VND 500,000 shall be imposed for failing to comply fully or on time with requirements on fire prevention and fighting and rescue which have been requested in writing by competent authorities.
A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the following acts:
Failing to organize the implementation of documents guiding and directing on fire prevention and fighting and rescue of competent agencies;
Failure to comply with written requests on fire prevention and fighting and rescue of competent agencies;
Failing to present dossiers and documents in service of fire prevention and fighting safety inspection and rescue;
Failing to arrange a person with authority and responsibility to work with the person competent to inspect after receiving the notice of the inspection of safety for fire prevention and fighting and rescue;
Failing to self-check the safety of fire prevention and fighting and rescue according to the provisions of law;
Failure to send reports on results of safety inspection on fire prevention and fighting as prescribed by law.
A fine ranging from VND 15,000,000 to VND 25,000,000 shall be imposed for failing to comply with the decision on temporary suspension of operations in accordance with the law on fire prevention and fighting.
A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for failing to comply with the decision to suspend operations in accordance with the law on fire prevention and fighting.
Competence to issue fire prevention and fighting permits
According to Clause 12, Article 13 of Decree No. 136/2020/ND-CP, the competent authority to issue the Certificate of fire prevention and fighting appraisal and approval is:
The Fire Prevention and Fighting Police Department shall appraise and approve the fire prevention and fighting design for:
Projects and works, regardless of investment capital sources, meeting the criteria for classification of projects and works of national importance, projects and works of group A according to the provisions of the law on public investment;
Works with a height of over 100 m; construction works in the area of 02 provinces or centrally-run cities or more;
Watercraft with a length of 50 m or more transporting passengers, transporting flammable liquids, combustible gases, explosives, chemicals with danger of fire and explosion;
Construction investment project proposed by the Police Department of Fire Prevention and Fighting and Rescue and Rescue of the Provincial Police…
The Fire Prevention and Fighting and Rescue Police Department of the Provincial Police Department shall appraise and approve the fire prevention and fighting design for:
Urban planning projects, economic zones, industrial parks, industrial clusters, export processing zones, high-tech zones and other functional zones in the area under their management;
Projects and works that are not under the authority of the Fire Prevention and Fighting Police Department in the area under their management…
Time for issuance of fire prevention and fighting permits
Time for issuance of fire prevention and fighting permits is from 5-7 days
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Service of applying for a fire prevention license at Lawyer X
Consulting business lines, business establishments, vehicles that need a license for acceptance or certification of fire prevention.
Advice on procedures for applying for a fire protection license
Advice on dossiers, guidance on preparing dossiers of application for fire prevention and fighting permits
Directly performing the service of applying for a fire prevention and fighting license to customers:
Drafting and completing registration documents for certification of fire prevention and fighting for customers.
Submit dossiers at competent state agencies for each type of dossier.
Track records and solve problems related to records.
Get results and hand them back to customers as quickly as possible.
Consulting on other relevant legal issues at the request of customers.
Contact LSX Lawfirm
Finally, we hope this article is useful for you to answer the question: “Instructions on applying for a fire protection license in Vietnam”. If you need any further information, please contact LSX Law firm: at +84846175333 or Email: [email protected]
Frequently asked questions
In Article 6 of Circular 150/2020/TT-BCA, there is a regulation on funding to ensure equipment for fire prevention and fighting and rescue and rescue for specialized fire prevention and fighting forces as follows:
Funds to ensure equipment for fire prevention and fighting and rescue and rescue for the civil defense force shall comply with the provisions of Points b and c, Clause 4, Article 48 of Decree No. 136/2020/ND -CP and point c, Clause 1, Article 29, Clause 2, Article 42 of Decree No. 83/2017/ND-CP dated July 18, 2017 of the Government regulating the rescue and rescue work of the fire prevention and fighting forces. on fire.
The head of the agency or organization directly managing the facility ensures funding for the provision of means of fire prevention and fighting and rescue for the grassroots fire prevention and fighting force and the fire prevention force. and specialized fire fighting as prescribed in Clause 2, Article 31 of Decree No. 136/2020/ND-CP and Point b, Clause 1, Article 29 of Decree No. 83/2017/ND-CP dated July 18, 2017 of the Government regulating regulations on the rescue and rescue work of the fire prevention and fighting forces.
Pursuant to Clause 5, Article 1 of the 2013 Law on Fire Prevention and Fighting, has the following provisions:
Fire prevention and fighting service business is a conditional business line, including:
a) Design consultancy, appraisal consultancy, supervision consultant; technical inspection and testing consultancy; construction and installation of fire prevention and fighting systems; consulting on technology transfer of fire prevention and fighting; manufacturing and assembling fire prevention and fighting vehicles and equipment;
b) Training and guidance on fire prevention and fighting operations;
c) Trading in fire prevention and fighting means, equipment and supplies.
Business in fire prevention and fighting services must fully satisfy the following conditions:
a) The head of the enterprise and the legal representative of the fire prevention and fighting service business must have diplomas and certificates suitable for business activities;
b) Having physical foundations, means, equipment and conditions for business activities.
The Government shall detail this Article
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