Conditions for fire prevention and fighting service business in Vietnam

Conditions for fire prevention and fighting service business in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Conditions for fire prevention and fighting service business in Vietnam 

Conditions for fire prevention and fighting service business in Vietnam according to Article 41 of Decree 136/2020/ND-CP are as follows:

- Fire prevention and fighting service businesses (hereinafter referred to as “service businesses”) include enterprises; cooperatives; cooperative unions; branches and facilities affiliated to enterprises, cooperatives and cooperative unions; service providers of regulatory bodies and organizations; and household businesses.

- Heads and legal representatives of the service businesses mentioned in Clause 1 of Article 41 of Decree 136/2020/ND-CP must have a degree or certificate concerning completion of a refresher course on fire prevention and fighting operations and undersign any of the following documents: enterprise registration certificate; investment registration certificate;

Branch/affiliate operation registration certificate; cooperative/cooperative union registration certificate; certificate of registration of branch/business location of cooperative/cooperative union; operation license issued by the competent authority; household business registration certificate; or establishment document or operation license and tax identification number notification (for service providers).

In case the head or legal representative of a service business is a foreigner who has a degree or certificate concerning completion of a refresher course on fire prevention and fighting operations or practitioner certificate in fire prevention and fighting issued by a foreign authority or organization, the degree or certificate must undergo consular legalization.

- Requirements for facilities and equipment of fire prevention and fighting service business:

+ For service businesses providing fire safety design consultancy, appraisal consultancy or supervision consultancy, they shall have business premises; and equipment enabling fire safety design consultancy, appraisal consultancy or supervision consultancy;

+ For service businesses providing technical fire prevention and fighting inspection consultancy, they shall have laboratories and inspection equipment whose quality is certified by competent authorities;

+ For service businesses providing consultancy concerning transfer of fire prevention and fighting technology; or training in fire prevention and fighting operations, they shall have equipment enabling technology transfer consultancy; or equipment and location for training in fire prevention and fighting operations;

+ For service businesses engaging in fire prevention and fighting system construction, they shall have equipment enabling fire prevention and fighting system construction;

+ For service businesses engaging in production and assembling of fire prevention and fighting equipment, they shall have business premises; and factories and equipment for production, assembling and testing of fire prevention and fighting equipment.

- For service businesses providing fire safety design consultancy, appraisal consultancy and supervision consultancy, besides the conditions in Clauses 2 and 3 Article 41 of Decree 136/2020/ND-CP, each of these businesses must have at least 02 individuals who hold a practitioner certificate in fire prevention and fighting consultancy suitable for the consultancy area in compliance with regulations in Points and d Clause 3 Article 43 of Decree 136/2020/ND-CP; in which, at least 01 individual takes charge of fire safety design, appraisal and supervision.

- For service businesses providing technical fire prevention and fighting inspection consultancy, besides the conditions in Clauses 2 and 3 Article 41 of Decree 136/2020/ND-CP, each of these businesses must have at least 02 individuals who hold a practitioner certificate in compliance with regulations in Point c Clause 3 Article 43 of Decree 136/2020/ND-CP.

- For service businesses providing consultancy concerning transfer of fire prevention and fighting technology; or training in fire prevention and fighting operations, besides the conditions in Clauses 2 and 3 Article 41 of Decree 136/2020/ND-CP, each of these businesses shall have at least 01 person holding a bachelor’s degree or higher in fire prevention and fighting or another major suitable for the business’s scope of service and a certificate of completion of refresher course on fire prevention and fighting operations.

- For service businesses engaging in fire prevention and fighting system construction, besides the conditions in Clauses 2 and 3 Article 41 of Decree 136/2020/ND-CP, each of these businesses must have at least 01 construction manager who has a practitioner certificate in managing fire prevention and fighting construction in compliance with regulations in Point dd Clause 3 Article 43 of Decree 136/2020/ND-CP.

- For service businesses engaging in production and assembling of fire prevention and fighting equipment, besides the conditions in Clauses 2 and 3 Article 41 of Decree 136/2020/ND-CP, each of these businesses shall have at least 01 person holding a bachelor’s degree or higher in fire prevention and fighting or another major suitable for the business’s scope of service and a certificate of completion of refresher course on fire prevention and fighting operations.

- Service businesses engaging in trade of fire prevention and fighting equipment shall adhere to regulations in Clauses 2 and 3 Article 41 of Decree 136/2020/ND-CP.

- The persons mentioned in Clauses 4, 5, 6, 7 and 8 Article 41 of Decree 136/2020/ND-CP must directly participate in service business operations of their businesses.

A person who has used a degree or certificate to enable operation of a service business may not use this degree or certificate to enable operation of another service business.

2. Conditions for individual providers of fire prevention and fighting services in Vietnam

According to Article 42 of Decree 136/2020/ND-CP, an individual may provide fire prevention and fighting services under the following conditions:

- The individual has a practitioner certificate in fire prevention and fighting suitable for their business operations.

- The individual works for a service business.

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