Vietnam: Procedures for granting a certificate of fire prevention and fighting training

Vietnam: Procedures for granting a certificate of fire prevention and fighting training

1. Subjects to the training

According to Clause 1, Article 33 of Vietnam's Decree 136/2020/ND-CP, the subjects must be trained in fire prevention and fighting skills as follows:

(1) Persons holding the title of fire-fighting commander specified in Clause 2, Article 37 of the Law on Fire Prevention and Fighting 2001 (amended 2013) as follows:

- If a fire occurs at an establishment, its head shall be the fire-fighting commander; in case of his/her absence, the head of the grassroots fire brigade or the authorized person shall be the fire-fighting commander;

- If a fire occurs at a village, the chief thereof shall be the fire-fighting commander; in case of his/her absence, the head of the civil defense group or the authorized person shall be the fire-fighting commander;

- If a motorized vehicle being in circulation is on fire, the commander or owner thereof shall be the fire-fighting commander; in case of such person’s absence, the means operator shall be the fire-fighting commander;

- In case of a forest fire, if the forest owner is an agency or organization, the head thereof or an authorized person shall be the fire-fighting commander while the chief of the village or hamlet where the fire occurs shall have to participate in commanding the fire fighting;

If the forest owner is a household or individual, the chief of the village or hamlet or the authorized person shall be the fire-fighting commander.

The head of the forest ranger unit or the authorized person at the place where the fire occurs shall have to take part in commanding the fire fighting;

- The heads of agencies or organizations, the presidents of the commune/ward/township (commune-level for short) or higher-level People’s Committees, who are present at the fire, shall direct and command the fire-fighting.

(2) Members of the neighborhood watch and internal firefighting forces;

(3) Members of specialized firefighting forces:

(4) Persons working in an environment containing fire or explosion hazard or regularly coming into contact with goods posing fire or explosion hazard;

(5) Drivers and crewmembers of motor passengers vehicles with more than 29 seats and motor vehicles transporting goods posing fire or explosion hazard;

(6) Persons in charge of fire prevention and fighting in facilities included in the list in Appendix IV enclosed with Vietnam's Decree 136/2020/ND-CP;

Appendix IV

(7) Members of forest fire fighting forces.

2. Application for certificate of training in fire prevention and fighting operations

Application for certificate of training in fire prevention and fighting operations to Clause 5, Article 33 of Vietnam's Decree 136/2020/ND-CP includes:

- For providers of training in fire prevention and fighting operations:

+ An application for examination and issuance of the training certificate (made using Form No. PC21); 

Form No. PC21

+ Training plan, program and content;

+ List of trainee’s resume;

-  For regulatory bodies, organizations and facilities requesting the police authority or a provider of training in fire prevention and fighting operations to provide training:

+ An application for training, examination and issuance of the training certificate (made using Form No. PC22); 

Form No. PC22

+ List of trainee’s resume;

- For individuals wishing to receive training and apply for the certificate of training in fire prevention and fighting operations:

+ An application for training, examination and issuance of the training certificate (made using Form No. PC23).

Form No. PC23

3. Procedures for issuance of Certificate of fire prevention and fighting training

According to Clauses 8, 9, 10, 11, 12 and 13, Article 33 of Vietnam's Decree 136/2020/ND-CP stipulating the procedures for granting the Certificate of fire prevention and fighting training as follows:

- The applicant shall submit 01 application to the competent authority in one of the following ways:

+ Directly at the single-window unit of the competent authority;

+ Online via the public service portal of the competent authority (documents included in state secret lists shall be submitted in compliance with regulations of laws on state secret protection);

+ By public postal service, service provided by an enterprise or individual or authorization as prescribed by law.

- The official receiving the application shall check its components and validity and perform the following tasks:

+ If the application is adequate and valid according to regulations, receive it and fill out 02 copies of the acknowledgement of application receipt (using Form No. PC03);

Form No. PC03

+ If the application is inadequate or invalid according to regulations in Clause 4 herein, instruct the applicant on how to complete the application as per regulations and fill out the application revision instruction (using Form No. PC04).

Form No. PC04

- Announcement of application processing results:

+ If the application is submitted directly at the single-window unit of the competent authority, the official receiving it shall give 01 copy of the acknowledgement of application receipt or application revision instruction to the applicant and retain 01 copy;

+ If the application is submitted via the public service portal of the competent authority, the official receiving the application shall send a notification of application receipt;

Or the official receiving the application shall send instruction on application revision to the applicant via email or text message;

+ If the application is submitted by public postal service, the service of an enterprise and individual or authorization as per the law, the official receiving it shall send 01 copy of the acknowledgement of application receipt;

Or the official receiving it shall send application revision instruction to the applicant and retain 01 copy.

- The person sent to submit the application by the applicant must have a letter of introduction or letter of authorization and present their unexpired identity card or passport.

- Time limit for handling of procedures for training, examination, issuance and reissuance of the certificate of training in fire prevention and fighting operations:

+ For providers of training in fire prevention and fighting operations: within 05 working days starting from the date of receipt of a valid application, the police authority shall assess training results of trainees;

+ For regulatory bodies, organizations, facilities and individuals requesting the police authority to provide training:

If there are 20 trainees or more, within 05 working days starting from the date of receipt of a valid application, the police authority shall provide the training and assess training results of the trainees;

If there are less than 20 trainees, the police authority shall gather trainees; and, when there are sufficient trainees, notify the training time and location and assess training results;

+ Within 05 working days starting from the date upon which a pass result is available, the competent police authority shall issue the certificate of training in fire prevention and fighting operations (made using Form No. 02 promulgated together with the Government’s Decree 83/2017/ND-CP dated July 18, 2017) to trainees having completed the training course. A written explanation must be provided for trainees not granted a certificate.

Form No. 02

A written explanation must be provided for rejected applications.

- Police Department of Fire Prevention and Fighting and Rescue, fire departments and district-level police authorities have the power to issue the certificate of training in fire prevention and fighting operations, which is valid throughout the country for 5 years starting from the date of issuance.

When the certificate expires, the holder must undergo training in order to be issued with a new certificate.

Quoc Dat

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