Vietnam: Summary of fire safety requirements

Hi Lawnet, I would like to know more about fire protection. What are the requirements for fire safety in Vietnam?


Vietnam: Summary of fire safety requirements

1.  Fire safety requirements applicable to facilities

Pursuant to Article 5 of Vietnam's Decree 136/2020/ND-CP stipulating safety conditions for fire prevention and fighting for establishments as follows:

- Any facility mentioned in the list in Appendix III enclosed with Vietnam's Decree 136/2020/ND-CP 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 in Vietnam's 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 Vietnam's 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 with Vietnam's Decree 136/2020/ND-CP must satisfy the following fire safety requirements:

+ The requirements in Points a, c and d Clause 1 of Article 5 Vietnam's Decree 136/2020/ND-CP of 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 Vietnam's 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 Vietnam's 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 of Article 5 of Vietnam's 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 Vietnam's 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.

Note:

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 Vietnam's 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.

2. Fire safety requirements applicable to residential areas

In Clause 2, Article 6 of Vietnam's Decree 136/2020/ND-CP,  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.

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

3. Fire safety requirements applicable to households

In Article 7 of Vietnam's Decree 136/2020/ND-CP, households living in combination with production and business must ensure the following safety conditions for fire prevention and fighting:

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

- Having 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.

Note: The above-mentioned fire safety conditions must be implemented and maintained by the household head during the operation.

The households mentioned in Clause 2, 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 in Section 1

4. Fire safety requirements applicable to motor vehicles

Pursuant to Article 8 of Vietnam's Decree 136/2020/ND-CP, fire safety requirements applicable to motor vehicles are 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, Appendix V of Vietnam's Decree 136/2020/ND-CP must comply with the following fire safety requirements and maintain such compliance:

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

+ The firefighting authority has issued a certificate of design appraisal and design appraisal document (if any)

+ 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, Article 8 of Vietnam's 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 Vietnam's Decree 136/2020/ND-CP.

Ngoc Nhi

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

616 lượt xem
  • Address: 19 Nguyen Gia Thieu, Vo Thi Sau Ward, District 3, Ho Chi Minh City
    Phone: (028) 7302 2286
    E-mail: info@lawnet.vn
Parent company: THU VIEN PHAP LUAT Ltd.
Editorial Director: Mr. Bui Tuong Vu - Tel. 028 3935 2079
P.702A , Centre Point, 106 Nguyen Van Troi, Ward 8, Phu Nhuan District, HCM City;