Summary of fire safety requirements in Vietnam

Summary of fire safety requirements in Vietnam (Internet image) 

1. Facilities requiring fire management in Vietnam

Article 4 of Decree 136/2020/ND-CP stipulates the facilities requiring fire management are as follows:

- The facilities the definition of which is provided for in Clause 3 Article 3 of the Law on Fire Prevention and Fighting 2001 amended in 2013 (hereinafter collectively referred to as “Law on Fire Prevention and Fighting”), are subject to fire management.

A regulatory body or an organization may have one or more than one facility; multiple regulatory bodies and/or organizations may be located on the premises of one facility.

-  List of facilities requiring fire management is provided for in Appendix I enclosed with Decree 136/2020/ND-CP.

2. Fire safety requirements applicable to facilities in Vietnam

Article 5 of Decree 136/2020/ND-CP stipulates fire safety requirements applicable to facilities as follows:

- Any facility mentioned in the list in Appendix III enclosed therewith must satisfy the following fire safety requirements:

+ Regulations, prohibition signs, signage, plans or instruction signs concerning fire prevention, fighting and escape are provided in accordance with fire prevention and fighting regulations and standards or regulations of the Ministry of Public Security;

+ There are internal and specialized firefighting forces suitable for the facility’s characteristics and having received training in fire prevention and fighting operation, and on-site combat-ready firefighters according to regulations, excluding the case provided for in Point g Clause 2 Article 31 Decree 136/2020/ND-CP;

+ There is a firefighting plan approved by the competent authority.

+ Power system, lightning protection system, antistatic system, electrical equipment, spark-generating equipment, heat-generating equipment, and the use of fire sources and heat sources must ensure fire safety in accordance with regulations and standards on fire prevention and fighting or regulations of the Ministry of Public Security;

+ There are sufficient and quality traffic system, water supply system and communication system supporting fire fighting, system for management of database on fire prevention and fighting, incident notification system, fire alarm system, firefighting system, fire blocking system, smoke blocking system, fire escape system, other fire prevention and fighting equipment, and rescue equipment in accordance with regulations and standards on fire prevention and fighting or regulations of the Ministry of Public Security;

+ The fire safety and firefighting authority (hereinafter referred to as “firefighting authority”) has issued a certificate of design appraisal and design appraisal document (if any) and written approval of fire safety commissioning results for projects and works included in the list in Appendix V enclosed with Decree 136/2020/ND-CP, excluding national defense facilities operating for military purpose and motor vehicles subject to special fire safety requirements manufactured or converted for military purpose by national defense facilities.

- Any facility mentioned in the list in Appendix IV enclosed therewith must satisfy the following fire safety requirements:

+ The requirements in Points a, c and d Clause 1 Article 5 of Decree 136/2020/ND-CP; a certificate of design appraisal and design appraisal document (if any) and written approval of fire safety commissioning results are required for the facilities included in the list in Appendix V enclosed with Decree 136/2020/ND-CP;

+ There are sufficient and quality traffic system, water supply system and communication system supporting fire fighting, fire alarm system, firefighting system, fire blocking system, smoke blocking system, fire escape system, other fire prevention and fighting equipment, and rescue equipment in accordance with technical regulations and standards on fire prevention and fighting or regulations of the Ministry of Public Security;

+ There are fire prevention and fighting regulations and task assignment. Persons in charge of fire prevention and fighting must join training and refresher courses on fire prevention and fighting operation according to regulations in Article 33 of Decree 136/2020/ND-CP.

- Any regulatory body or organization located on the premises of a facility having satisfied the fire safety requirements in Clauses 1 and 2 Article 5 of Decree 136/2020/ND-CP shall perform the following tasks intra vires:

+ Ensure compliance with the requirements in Point a Clause 1 Article 5 of Decree 136/2020/ND-CP;

+ Use electrical equipment, spark-generating equipment, heat-generating equipment, fire sources and heat sources in accordance with fire safety requirements;

+ Assign persons to the facility’s internal firefighting force;

+ Cooperate with the facility head in complying with fire safety requirements intra vires.

- Heads of the facility and the regulatory body/ies and/or organization(s) located on the premises thereof must ensure that the fire safety requirements in Clauses 1, 2 and 3 Article 5 of Decree 136/2020/ND-CP are satisfied before putting the facility to operation and throughout the facility's operation.

In case multiple regulatory bodies and/or organizations are located on the premises of one facility, the facility head shall take charge in managing and maintaining compliance with fire safety requirements in the whole facility.

- There are documents supporting management and monitoring of fire prevention and fighting of the facilities included in the lists in Appendix III and Appendix IV enclosed with Decree 136/2020/ND-CP, which are formulated and retained by facility heads. The components of these documents are provided for by the Ministry of Public Security.

3. Fire safety requirements applicable to residential areas in Vietnam

Article 6 of Decree 136/2020/ND-CP stipulates regulations on fire safety requirements applicable to residential areas as follows:

- A residential area is a place where individuals and households live as parts of a village, hamlet, mountain village, neighborhood and equivalent residential unit (hereinafter collectively referred to as “village”). A village is a residential area subject to fire management.

- Residential areas must satisfy the following fire safety requirements:

+ Regulations on fire prevention and fighting and use of electricity, fire, flammable materials and explosives are provided in accordance with technical regulations and standards on fire prevention and fighting or regulations of the Ministry of Public Security;

+ There are sufficient and quality traffic system, water supply for firefighting, fire spread preventing solutions and, fire prevention and fighting equipment in accordance with technical regulations and standards on fire prevention and fighting or regulations of the Ministry of Public Security;

+ There is a firefighting plan approved by the competent authority.

+ There are a neighborhood having received training in fire prevention and fighting operation and on-site combat-ready firefighters.

- Chairpersons of commune-level People’s Committees must organize and maintain compliance with the fire safety requirements in Clause 2 Article 6 of Decree 136/2020/ND-CP throughout the existence of the residential areas.

4. Fire safety requirements applicable to households in Vietnam

Article 7 of Decree 136/2020/ND-CP stipulates the fire safety requirements applicable to householdss as follows:

- Households must satisfy the fire safety requirements in Clause 1 Article 17 of the Law on Fire Prevention and Fighting.

- Households engaging in business operations must satisfy the following fire safety requirements:

+ The requirements in Clause 1 Article 7 of Decree 136/2020/ND-CP;

+ Regulations on fire prevention and fighting and use of electricity, fire, flammable materials and explosives are provided in accordance with technical regulations and standards on fire prevention and fighting or regulations of the Ministry of Public Security;

+ There are solutions for fire escape, fire spread prevention and smoke blocking between the living quarters and the business area.

- Household heads must organize and maintain compliance with the fire safety requirements in Clauses 1 and 2 of Article 7 of Decree 136/2020/ND-CP throughout the existence of the households.

- The households mentioned in Clause 2 of Article 7 of Decree 136/2020/ND-CP and issued with the enterprise registration certificate must satisfy the fire safety requirements corresponding to the type of enterprise that they are according to regulations in Article 5 of Decree 136/2020/ND-CP.

5. Fire safety requirements applicable to motor vehicles in Vietnam 

Article 8 of Decree 136/2020/ND-CP stipulates fire safety requirements applicable to motor vehicles as follows:

- Road motor vehicles with at least 04 seats must meet conditions for inspected operation; and materials and goods on the vehicles must be arranged in compliance with fire safety requirements.

Road motor vehicles with more than 09 seats, inland watercrafts and railway vehicles must satisfy the following requirements:

+ Regulations, prohibition signs, signage and instruction signs are provided in accordance with fire prevention and fighting regulations and standards or regulations of the Ministry of Public Security;

+ The power system, fuel, materials and goods on these vehicles must be arranged in compliance with fire safety requirements;

+ There are sufficient and quality firefighting equipment appropriate to the characteristics and operations of the vehicles in accordance with regulations and standards on fire prevention and fighting or regulations of the Ministry of Public Security;

+ There are fire prevention and fighting regulations and task assignment and on-site combat-ready firefighters.

- The motor vehicles subject to special fire safety requirements mentioned in section 21 in Appendix V enclosed with Decree 136/2020/ND-CP must comply with the following fire safety requirements and maintain such compliance:

+ The requirements in Clause 1 of Article 8 of Decree 136/2020/ND-CP;

+ The firefighting authority has issued a certificate of design appraisal and design appraisal document (if any) and written approval of fire safety commissioning results, excluding motor vehicles subject to special fire safety requirements manufactured or converted for military purpose by national defense facilities;

+ There is a firefighting plan approved by the vehicle owner.

- A motor vehicle may transport goods posing fire or explosion hazard on the road, inland waterway or railway when it has obtained the permit for transport of goods posing fire or explosion hazard issued by the police authority according to regulations of laws on road, inland waterway and railway transport of dangerous goods (excluding cases within the competence of the Ministry of National Defense) and must comply with the following fire safety requirements and maintain such compliance:

+ The requirements in Clause 1 of Article 8 of Decree 136/2020/ND-CP;

+ The vehicle’s motor must be separated from the cargo compartment by fire-resistant materials or buffer chamber as per regulations;

+ The motor’s exhaust pipe must be covered and ensure fire and explosion safety;

+ The floor and structure of the cargo compartment and other areas of the vehicle at fire and explosion risk must be made of fire-resistant materials;

+ Technical safety and environmental protection requirements per regulations;

+ Road vehicles transporting liquids posing fire or explosion hazard must be grounded;

+ Road motor vehicles must bear signage of goods posing fire and explosion hazards (Form No. PC01) on the windshield; railway vehicles must bear signage of goods posing fire and explosion hazards (Form No. PC01) on both of their sides throughout the transport process;

+ Inland watercrafts must fly the letter B signal flag in the day and set up red signal light at night throughout the transport process. Specifications and standards of the signal flag and light are provided for by the Ministry of Transport.

- Drivers and crewmembers of vehicles transporting passengers and goods posing fire and explosion hazards shall comply with the following requirements:

+ Drivers must have a driving license according to regulations of laws on road, inland waterway and railway transport;

+ Drivers and crewmembers of motor passengers vehicles with more than 29 seats and motor vehicles transporting goods posing fire and explosion hazards shall participate in training and refresher courses on fire prevention and fighting according to regulations in Article 33 of Decree 136/2020/ND-CP.

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