Who are entities subject to fire safety inspection? What are the contents of fire safety inspection?
Who are entities subject to fire safety inspection?
Pursuant to the provisions of Clause 1, Article 16 of Decree 136/2020/ND-CP of Vietnam specifying the entities subject to fire safety inspection as follows:
Entities subject to inspection:
- Facilities requiring fire management;
- Residential areas, households, forests, motor vehicles and technical infrastructures related to fire prevention and fighting of cities, economic zones, industrial parks, industry clusters, export-processing zones and hi-tech parks;
- Works included in the list in Appendix V enclosed with Decree 136/2020/ND-CP in their construction stage, excluding national defense facilities operating for military purpose;
- Fire prevention and fighting service businesses.
Who are entities subject to fire safety inspection? What are the contents of fire safety inspection? (Image from the Internet)
What are the contents of fire safety inspection?
As for the regulations on the content of fire safety inspection, in Clause 2, Article 16 of Decree 136/2020/ND-CP of Vietnam stipulating:
- Fire safety requirements applicable to facilities, residential areas, households and motor vehicles provided for in Articles 5, 6, 7 and 8 of Decree 136/2020/ND-CP;
- Forest fire safety requirements according to regulations of the Government’s Decree No. 156/2018/ND-CP dated November 16, 2018 elaborating a number of Articles of Law on Forestry;
- Fire safety requirements applicable to construction works in their construction stages: fire safety design appraisal certificate or document for works included in the list in Appendix V enclosed with Decree 136/2020/ND-CP; regulations on fire prevention and fighting and fire escape signage; regulations on fire safety task assignment by the investor and construction unit intra vires; duties of personnel in charge of fire safety; use of power system, electrical equipment, spark-generating equipment, heat-generating equipment, fire sources and heat sources; and provision of emergency firefighting equipment appropriate to the characteristics of the work;
- Performance of fire prevention and fighting duty of heads of regulatory bodies and organizations, investors, contractors, motor vehicle owners, household heads and forest owners per the law;
- Requirements applicable to fire prevention and fighting service businesses per regulations in Article 41 of this Decree.
Which agency has the competence to inspect fire safety?
In Clause 3, Article 16 of Decree No. 136/2020/ND-CP of Vietnam stipulating the competence to inspect fire safety as follows:
(1) Heads of facilities and owners of motor vehicles subject to special fire safety requirements, household heads and forest owners shall organize fire safety inspection on a regular basis intra vires;
(2) Heads of facilities included in the list in Appendix III enclosed with Decree 136/2020/ND-CP shall inspect fire safety of their facilities on a regular basis;
Send biannual reports on the inspection results to the supervisory police authority and take responsibility before the law for these results;
(3) Chairpersons of commune-level People’s Committees shall direct and organize fire safety inspection on an annual basis;
Ad hoc inspection upon detection of any of the cases provided for in Points a and b Clause 1 Article 17 of Decree 136/2020/ND-CP or a violation against fire safety regulations that can lead to fire or explosion or for the purpose of security and order preservation as per instructional documents of the competent authority for facilities included in the list in Appendix IV enclosed with Decree 136/2020/ND-CP, and residential areas under their management;
(4) Chairpersons of People’s Committees at district level and higher shall direct and organize ad hoc inspection for the purpose of security and order preservation as per instructional documents of the competent authority for the entities mentioned in Points and b Clause 1 of Decree 136/2020/ND-CP intra vires;
(5) Police authorities shall inspect fire safety on a biannual basis for facilities included in the list in Appendix II enclosed with Decree 136/2020/ND-CP;
On an annual basis for technical infrastructures related to fire prevention and fighting of cities, economic zones, industrial parks, industry clusters, export-processing zones and hi-tech parks, and motor vehicles subject to special fire safety requirements and the remaining facilities included in the list in Appendix III enclosed with Decree 136/2020/ND-CP;
On an ad hoc basis upon detection of any of the cases provided for in Points a and b Clause 1 Article 17 of Decree 136/2020/ND-CP or a violation against fire safety regulations that can lead to fire or explosion or for the purpose of security and order preservation as per instructional documents of the competent authority intra vires; and on an annual basis during the construction process for construction works included in the list in Appendix IV enclosed with Decree No. 136/2020/ND-CP.
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