Projects Subject to Fire Prevention and Fighting Approval: Strengthening the Control of Appraisal Activities and Issuance of Construction Permits
On September 21, 2022, the Ministry of Construction issued Official Dispatch 4253/BXD-HDXD in 2022 on strengthening control of evaluation and issuance of construction permits for projects subject to fire prevention and fighting (PCCC) approval.
Regulations on strengthening fire prevention and fighting work (PCCC) in residential areas
- PCCC situation in many localities
In recent times, many localities have issued regulations on PCCC safety for single-family houses and houses combining residential and business purposes. However, in some localities, there have been some serious fires causing significant losses of life and property, particularly at karaoke service establishments.
- Implementation of the Prime Minister's directives
Following the directives of the Prime Minister of the Government of Vietnam in Document No. 5910/VPCP-NC dated September 8, 2022, and continuing to effectively implement Directive No. 32/CT-TTg dated December 5, 2018, of the Prime Minister of the Government of Vietnam on strengthening fire prevention and fighting work in residential areas, and proactively preventing and minimizing damages caused by fires, explosions, accidents, and incidents in residential areas, households, and houses combining residential and business purposes, the Ministry of Construction requests the People's Committees of provinces and centrally-run cities to focus on the management work and direct specialized construction agencies and the authorities that issue construction permits under their jurisdiction to strictly enforce the evaluation, issuance of construction permits, and management of construction order according to the construction permits.
Projects subject to fire prevention and fighting approval: Strengthening control of evaluation and issuance of construction permits? (Image from the Internet)
What are the requirements for projects and construction works?
According to Official Dispatch 4253/BXD-HDXD in 2022 guiding projects and construction works as follows:
- Firstly:
+ For projects and construction works subject to feasibility study report evaluation, detailed construction design evaluation subsequent to basic design at the specialized construction agency, during the evaluation process, the specialized construction agency must carefully review and ensure the design's compliance with the regulations in National Technical Regulation QCVN 06:2021/BXD on fire safety for buildings and constructions (Regulation QCVN 06:2021/BXD).
+ The evaluation result notification will only conclude the suitability for approving the project, construction design, and stamp the evaluation drawing if the written feedback on fire prevention and fighting for the basic design dossier or the Fire Prevention and Fighting Design Approval Certificate from the Fire Prevention and Fighting Police agency has a clear conclusion that the design dossier meets the fire prevention and fighting requirements. In the case of emergent types of construction works lacking technical standards and regulations on PCCC, promptly report them to the Ministry of Construction, Ministry of Public Security, and relevant ministries for the establishment of technical standards and regulations as management tools.
- Secondly: For repair and renovation works, an inspection, and evaluation of the current state, especially regarding the electrical and PCCC systems, must be conducted before preparing the design renovation plan for evaluation and PCCC approval as required.
According to point 1.1.13 of Regulation QCVN 06:2021/BXD, single-family houses combining business activities and single-family houses converted into karaoke, bar, and discotheques are subjects required to comply with QCVN 06:2021/BXD; construction works requiring PCCC design and design approval at the Fire Prevention and Fighting Police agency as regulated in Decree 136/2020/ND-CP.
Are single-family houses combining business activities and houses converted for other functions subjects to Regulation QCVN 06:2021/BXD?
In Official Dispatch 4253/BXD-HDXD in 2022, the guidance is as follows:
According to point 1.1.13 of Regulation QCVN 06:2021/BXD, single-family houses combining business activities and single-family houses converted into karaoke, bar, and discotheques are subjects required to comply with QCVN 06:2021/BXD; construction works requiring PCCC design and design approval at the Fire Prevention and Fighting Police agency as regulated in Decree 136/2020/ND-CP.
How does the Ministry of Construction guide the issuance of construction permits?
According to Official Dispatch 4253/BXD-HDXD in 2022, the guidance on issuing construction permits is as follows:
During the process of issuing construction permits, the authority responsible for issuing construction permits should focus on reviewing and coordinating with the PCCC management agency on PCCC requirements as regulated. Some prominent contents include:
- Firstly: When issuing construction permits for karaoke service, bars, discotheques establishments, ensure they meet the requirements of Circular 147/2020/TT-BCA dated December 31, 2020, of the Ministry of Public Security regulating measures to ensure fire safety and rescue for karaoke and discotheque service establishments, especially content requiring a second escape route (through balconies, loggias, rooftops, rope ladders, sliding tubes, etc.); fire fighting means and equipment, and an emergency response plan for fire incidents.
- Secondly: For construction works that are partially or entirely repurposed during use but do not require construction permit adjustments as regulated by construction law, localities are requested to review based on the new usage function of the construction; only issue business operation permits when the construction ensures structural safety and complies with strict regulations on PCCC and related laws.
LawNet
