Three cases of suspension due to failure to ensure fire prevention and fighting in Vietnam

What are 3 cases of suspension due to failure to ensure fire prevention and fighting in Vietnam? What are principles of fire prevention and fighting in Vietnam? What are the functions and duties of the Fire Prevention and Fighting Police Force of Vietnam?

Three cases of suspension due to failure to ensure fire prevention and fighting in Vietnam

Based on Clause 4, Article 17 of Decree 136/2020/ND-CP on the temporary suspension and suspension of operations of establishments, motor vehicles, households, and individuals that do not ensure fire safety:

Article 17. Temporary suspension and suspension of operations of establishments, motor vehicles, households, and individuals that do not ensure fire safety

[...]

  1. Establishments, motor vehicles requiring special fire safety measures, households, and individuals whose operations are temporarily suspended as prescribed in Clause 1 of this Article, and have not rectified or cannot rectify the situation after the temporary suspension period ends, shall have their operations suspended. The suspension of operations can apply to individual parts or the entire establishment, motor vehicle, household, or individual with special fire safety requirements.

[...]

According to the above regulation, establishments, motor vehicles requiring special fire safety measures, households, and individuals whose operations are temporarily suspended due to the following occurrences, and have not rectified or cannot rectify the situation after the temporary suspension period ends, shall have their operations suspended:

[1] The presence of a fire or heat source in a hazardous fire and explosion environment, or the emergence of a hazardous fire and explosion environment while there is an existing fire or heat source.

[2] Serious violations of fire safety regulations that have been requested by competent authorities to be rectified in writing but have not been addressed, including:

- Illegal production, storage, transport, or use of hazardous materials related to fire and explosions.

- Failure to ensure measures to prevent fire spread between fire compartments or rooms in industrial establishments classified as fire and explosion hazards A, B, C.

- Not having the required number of escape routes as stipulated.

[3] Particularly serious violations of fire safety regulations:

Putting into operation, using buildings, construction components, or motor vehicles requiring special fire safety measures without having a fire safety approval certificate or design approval document, or without a document approving the fire safety acceptance results from competent Police authorities, which has been requested to be rectified in writing but not implemented.

The suspension of operations can apply to individual parts or the entire establishment, motor vehicle requiring special fire safety measures, household, or individual activity.

3 Instances of Suspension Due to Failure to Ensure Fire Safety?

Three cases of suspension due to failure to ensure fire prevention and fighting in Vietnam​ (Image from the Internet)

What are principles of fire prevention and fighting in Vietnam?

Based on Article 4 of the 2001 Fire Prevention and Fighting Law on the principles of fire prevention and fighting:

- Mobilizing the collective strength of the entire population to participate in fire prevention and fighting activities.

- In fire prevention and fighting activities, prevention is primary; it is necessary to actively and proactively prevent, limit to the lowest extent possible the incidence and damage caused by fires.

- Prepare forces, means, plans, and other conditions in readiness so that when fires occur, they can be dealt with promptly and effectively.

- All fire prevention and fighting activities must primarily be performed and resolved using onsite forces and means.

What are the functions and duties of the Fire Prevention and Fighting Police Force of Vietnam?

Based on Article 48 of the 2001 Fire Prevention and Fighting Law (amended by Clause 29, Article 1 of the 2013 Amended Fire Prevention and Fighting Law), the functions and duties of the Fire Prevention and Fighting Police Force as follows:

- Within the scope of assigned tasks and powers, advise and propose to the competent state agencies the promulgation, direction, and organization of the implementation of legal provisions on fire prevention and fighting.

- Organize dissemination, education of laws; guide the creation of a movement for all people to participate in fire prevention and fighting activities; train, foster, and provide expertise and knowledge on fire prevention and fighting.

- Implement fire prevention measures; appraise, approve design, and acceptance on fire prevention and fighting; fight fires promptly and effectively.

- Build the fire prevention and fighting force; equip and manage fire prevention and fighting equipment and means.

- Organize research, apply scientific and technological advancements in fire prevention and fighting; inspect, assess technical compliance and issue conformity certifications for means, equipment, and goods with strict fire safety requirements as stipulated.

- Inspect, supervise, handle violations of fire safety laws; issue permits for the transport of hazardous fire and explosion goods as stipulated.

- Conduct certain investigative activities as stipulated by laws on criminal investigation organization.

- Perform other duties as stipulated by law.

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