Procedures for suspension of operations of facilities not meeting fire safety requirements in Vietnam

Procedures for suspension of operations of facilities not meeting fire safety requirements in Vietnam (Internet image)

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

1. What are the cases of suspending operations of facilities failure to meet special fire safety requirements in Vietnam?

According to Clause 4, Article 17 of Decree 136/2020/ND-CP, if facilities and motor vehicles subject to special fire safety requirements and households and individuals whose operations are suspended according to regulations in Clause 1 Article 17 of Decree 136/2020/ND-CP fail to remedy their violations by the end of the temporary suspension period, their operations will be suspended.

This suspension may apply to a part or the whole operations of the facilities and motor vehicles, households and individuals.

2. Procedures for suspension of operations of facilities not meeting fire safety requirements in Vietnam

According to Clause 7, Article 17 of Decree 136/2020/ND-CP, procedure for suspension of operations of facilities not meeting fire safety requirements in Vietnam:

- Upon end of the temporary suspension period, the temporary suspension decision issuer shall organize an inspection of the facility, motor vehicle, household or individual whose operation is imposed the temporary suspension decision to consider its/their ability to eliminate the direct fire or explosion risk or remedy the violation against fire prevention and fighting regulations.

The inspection must be recorded in writing (using Form No. PC10);

- Upon end of the inspection, if deeming the direct fire or explosion risk not eliminated or the violation not remedied or irremediable, the temporary suspension decision issuer shall consider and issue a decision to suspend operations of the facility, motor vehicle, household or individual (using Form No. PC14).

3. Competence in suspension of operations of facilities not meeting fire safety requirements in Vietnam

According to Clause 8, Article 17 of Decree 136/2020/ND-CP, competence in suspension of operations of facilities not meeting fire safety requirements in Vietnam is as follows:

- The Minister of Public Security has the power to issue decisions to temporarily suspend or suspend a part or the whole operations of facilities, motor vehicles, households and individuals across the country, 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;

- Chairpersons of commune-level People’s Committees have the power to issue decisions to temporarily suspend or suspend a part or the whole operations of facilities, motor vehicles, households and individuals under their management.

Chairpersons of district-level People’s Committees have the power to temporarily suspend or suspend a part of the whole operations of facilities, motor vehicles, households and individuals subject to the inspections provided for in Point d Clause 3 Article 16 herein;

- Heads of Central Departments of Fire Safety, Firefighting and Rescue, heads of provincial police authorities, heads of fire departments, heads of district-level police authorities and heads of commune-level police authorities have the power to issue decision to temporarily suspend or suspend a part or the whole operations of facilities, motor vehicles, households and individuals under their management intra vires,

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;

- Police officers have the power to temporarily suspend operations in the cases provided for in Point a Clause 1 Article 17 of Decree 136/2020/ND-CP and must report to their superiors, who have the power to issue the temporary suspension decision according to regulations in Point c Article 17 of Decree 136/2020/ND-CP, as soon as possible.

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