Who has the competence in firefighting plan approval in Vietnam?

Who has the competence in firefighting plan approval in Vietnam? (Internet image)

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

1. Who has the competence in firefighting plan approval in Vietnam?

Competence in firefighting plan approval is specified in Clause 1, Article 9 of Circular 149/2020/TT-BCA as follows:

- The Minister of Public Security has the power to approve firefighting plans of police authorities involving mobilization of forces and equipment of police authorities of multiple provinces and central-affiliated cities;

- Chairpersons of provincial People’s Committees have the power to approve firefighting plans of police authorities involving mobilization of forces and equipment of regulatory bodies and organizations under their management;

- Heads of provincial police authorities have the power to approve firefighting plans of police authorities involving mobilization of forces and equipment of multiple police authorities in localities under their management;

- Chairpersons of district-level People’s Committees have the power to approve firefighting plans of police authorities involving mobilization of forces and equipment of regulatory bodies and organizations under their management;

- Heads of fire departments have the power to approve firefighting plans of facilities and firefighting plans of police authorities for facilities under their management;

- Heads of district-level police authorities have the power to approve firefighting plans of facilities and firefighting plans of police authorities for facilities under their management;

- Chairpersons of commune-level People’s Committees have the power to approve firefighting plans of residential areas under their management; heads of the facilities mentioned in Appendix IV enclosed with Decree 136/2020/ND-CP have the power to approve firefighting plans of their facilities; owners of motor vehicles subject to special fire safety requirements have the power to approve firefighting plans of their vehicles.

Within 07 working days starting from the date of receipt of an application adequate and valid according to regulations in Clause 4 Article 19 of Decree 136/2020/ND-CP, competent persons mentioned in Points dd and e and Chairpersons of commune-level People’s Committees mentioned in Point g Clause 1 Article 9 of Circular 149/2020/TT-BCA shall consider approving firefighting plans of facilities and retain 01 copy of each approved plan; and provide a written explanation if a plan is rejected.

2. Responsibility for firefighting plan formulation and cooperation in firefighting plan formulation in Vietnam

Responsibilities for firefighting plan formulation and cooperation in firefighting plan formulation in Vietnam include:

- Chairpersons of commune-level People’s Committees, heads of facilities requiring fire management and owners of motor vehicles subject to special fire safety requirements shall organize formulation of facility firefighting plans for residential areas, facilities and vehicles employing on-site forces and equipment under their management (using Form No. PC17);

- Heads of district-level police authorities shall organize formulation of police authority firefighting plans for facilities mentioned in the list in Appendix II enclosed with Decree 136/2020/ND-CP and residential areas facing high fire and explosion risk in localities under their fire management (using Form No. PC18);

- Heads of fire departments shall organize formulation of police authority firefighting plans for the remaining facilities mentioned in the list in Appendix II enclosed with Decree 136/2020/ND-CP as well as firefighting plans requiring mobilization of local organizations, regulatory bodies, military and police and police forces of multiple central-affiliated cities and provinces (using Form No. PC18).

When formulating firefighting plans, police authorities must notify heads of facilities and Chairpersons of People’s Committees of communes where residential areas facing high fire and explosion risk are located of the plan formulation time and requirements for the formulation at least 03 working days before the formulation begins.

Chairpersons of People’s Committees of communes where residential areas facing high fire and explosion risk are located and heads of facilities mentioned in Appendix II enclosed with Decree 136/2020/ND-CP shall provide necessary documents and information related to firefighting plan formulation at the request of police authorities, assign personnel to join the formulation and satisfy conditions supporting the formulation.

(Clause 3, Article 19 of Decree 136/2020/ND-CP)

Nguyen Ngoc Que Anh

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