Procedures for Approval of Fire Protection Design – Decree 136

1 October, 2022|Quản trị viên

1. What is the design approval for fire prevention and fighting?

According to Clause 2, Article 13 of Decree No. 136/2022/ND-CP , fire prevention and fighting design appraisal and approval is the competent authority’s examination and comparison of solutions and design contents of projects and works. , motorized vehicles with special requirements for ensuring fire prevention and fighting safety with regulations, standards, provisions of Vietnamese law related to fire prevention and fighting or standards In foreign countries, international standards on fire prevention and fighting are allowed to be applied in Vietnam according to the order and procedures prescribed by law.

The results of the design appraisal and approval for fire prevention and fighting are one of the bases for considering and approving the planning, project approval, construction design appraisal and construction permit issuance.

2. Subjects subject to appraisal and approval of fire prevention and fighting design

Objects subject to design appraisal and approval for fire prevention and fighting, include:

– Construction planning project or adjustment of construction planning of urban areas, economic zones, industrial parks, industrial clusters, export processing zones, high-tech zones and other functional zones according to the Law on Planning;

– Projects and works specified in Appendix V  of Decree No. 136/2020/ND-CP  when new construction, renovation or change in use properties affect one of the fire prevention and fighting safety requirements. fire specified at Point b, Clause 5, Article 13  of Decree 136/2020/ND-CP ;

– Motor vehicles with special requirements for assurance of fire prevention and fighting safety specified in Section 21, Appendix V  of Decree 136/2020/ND-CP  , when newly manufactured or converted, affect a vehicle. in the fire prevention and fighting safety requirements specified at Point c, Clause 5, Article 13 of Decree 136/2020/ND-CP.

(Clause 3, Article 13  of Decree 136/2020/ND-CP )

3. Dossier of request for approval of fire prevention and fighting design

A dossier of request for approval of a fire prevention and fighting design includes:

3.1 For construction planning projects:

(1)  A written request for consideration and comment on fire prevention and fighting solutions of the planning agency or organization (Form No. PC06);

(2)  The detailed planning documents and drawings, scale 1/2000 for industrial parks over 20 hectares, scale 1/500 for the remaining cases, showing the required contents of the solution. fire prevention and fighting measures prescribed in Clauses 1, 2, 3 and 4, Article 10 of Decree 136/2020/ND-CP.

3.2. For approval of construction sites before designing independent works at risk of fire and explosion specified in Sections 15 and 16 of Appendix V of Decree 136/2020/ND-CP (except for petrol stations) Internal oil and gas use facility): 

(1)  The investor’s written request for approval of the construction site for fire prevention and fighting (Form PC06), in case the investor authorizes another unit, a written authorization is required as prescribed. under the law;

(2)  The certificate of land use right or the document proving the lawful land use right for the project or work;

(3)  Drawings and documents clearly showing the topographical status of the land area related to fire prevention and fighting such as fire resistance level of the work, the distance from the proposed construction to the surrounding works. , wind direction, building elevation;

3.3. For the basic design of the project or work:

(1)  The investor’s written request for consideration and comments on fire prevention and fighting solutions (Form PC06), in case the investor authorizes another unit, a written authorization must be provided in accordance with the provisions of this Decree. provisions of law;

(2)  Decision approving the investment policy for construction of works for projects using public investment capital;

(3)  The written approval of the construction investment policy (if any) or the Certificate of investment registration (if any) or the Certificate of land use right or the document proving the lawful land use right for the property. projects and works using other capital;

(4)  Certificate of eligibility for fire prevention and fighting service business of the fire prevention and fighting design consultancy unit;

(5)  Drawings and explanations of the basic design showing the required contents of fire prevention and fighting solutions specified in Article 11  of Decree 136/2020/ND-CP;

3.4. For technical design or construction drawing design of projects and works:

(1)  The investor’s written request for appraisal/approval of the fire prevention and fighting design (Form No. PC06), in case the investor authorizes another unit, there must be a written authorization in accordance with regulations. under the law;

(2)  Written comments on basic design of fire prevention and fighting from the Fire Prevention and Fighting Police (if any);

(3)  Decision approving the investment policy for construction of works for projects using public investment capital;

(4)  Written approval of construction investment policy (if any) or Certificate of investment registration (if any) or Certificate of land use right or document proving lawful land use right for projects and works using other capital;

(5)  Certificate of eligibility for fire prevention and fighting service business of the fire prevention and fighting design consultancy unit;

(6) Construction cost estimate;

(7)  Drawings and explanations of technical design or construction drawing design showing required contents of fire prevention and fighting specified in Article 11 of Decree 136/2020/ND-CP;

(8)  A copy of the Design Approval Certificate, the design approval document, the drawing affixed with the approval stamp on fire prevention and fighting (for renovation and adjustment design documents);

(9)  The construction design appraisal document of the specialized construction agency (if any);

3.5. For the technical design of motor vehicles with special requirements on assurance of fire prevention and fighting safety: 

(1)  A written request for approval of the fire prevention and fighting design of the investor or vehicle owner (Form PC06), in case the investor or vehicle owner authorizes another unit, a written request for approval of the fire prevention and fighting design is required. power of attorney as prescribed by law;

(2)  Certificate of eligibility for fire prevention and fighting service business of the fire prevention and fighting design consultancy unit;

(3)  Estimate of the total investment in vehicles; drawings and explanations of the technical design showing the fire prevention and fighting requirements specified at Points b and c, Clause 1, and Points b, c, d and e, Clause 3, Article 8 of Decree 136 2020/ND-CP;

Note:  The documents and papers in the dossier are the originals or notarized or certified copies or copies or photocopies enclosed with the originals for comparison by the receiving officer.

Drawings and design explanations must be certified by the investor or vehicle owner. If the dossier is in a foreign language, it must have a Vietnamese translation and the investor and vehicle owner must be responsible for the contents of that translation.

(Clause 4, Article 13 of Decree 136/2020/ND-CP)

4. Procedures for requesting fire prevention and fighting approval

Step 1: Submit your application

Agencies, organizations and individuals shall submit 01 set of dossiers according to Section 3 to competent agencies in one of the following forms:

– Directly at the One Window Department of the competent authority;

– Online at the Public Service Portal of the competent authority (for documents and papers on the list of state secrets, comply with the law on protection of state secrets);

– Through the public postal service, through hiring services from businesses or individuals or through authorization as prescribed by law.

Step 2: Check profile

The dossier-receiving officer is responsible for checking the composition and validity of the dossier and complying with the following regulations:

– If the dossier is complete and valid as prescribed in Clause 4 of this Article, the information shall be received and recorded in the receipt and settlement of administrative procedures for fire prevention and fighting (Form No. PC03);

– In case the application is incomplete or invalid as prescribed in Clause 4 of this Article, the instructions for completing the application shall be guided and information must be recorded in the Instructions for supplementing the application for processing. Administration of fire prevention and fighting (Form No. PC04).

Step 3: Notify the result of processing the application

– In case the application is submitted directly at the One-Stop-Shop Department of the competent agency, the officer receiving the dossier must directly hand over 01 copy of the receipt for handling administrative procedures on fire prevention and fighting or the instruction sheet. provide additional guidance on the application for settlement of administrative procedures on fire prevention and fighting to the person submitting the application and keep 01 copy;

– In case the application is submitted through the Public Service Portal of the competent authority, the receiving officer shall send a notice via email or phone message about the receipt or provide instructions on supplementing the dossier to the agency or organization. , the individual has submitted the application;

– In case the application is submitted through the public postal service, through hiring services from an enterprise or individual, or through authorization as prescribed by law, the officer receiving the application must send 01 copy of the receipt for settlement. administrative procedures on fire prevention and fighting or the instruction sheet for supplementing dossiers of request for settlement of administrative procedures on fire prevention and fighting for agencies, organizations and individuals that have submitted dossiers before and keep 01 copy;

– In case the application is not qualified (the project or work is not subject to the appraisal and approval of the fire prevention and fighting design as prescribed in Appendix V of Decree 136/2020/ND-CP or is not under the competence of the Government). approval of the design of fire prevention and fighting) must send a written reply to the agency, organization or individual within the time limit on the refusal to process the dossier.

The competent authority shall reply to the agency, organization or individual in the form corresponding to the form in which the agency, organization or individual has previously submitted the dossier.

Note:  Persons sent by agencies or organizations to contact for application must have a letter of introduction or power of attorney, present a valid citizen identification card or people’s identity card or passport.

(Clause 6, 7, 8, 9 Article 13 of Decree 136/2020/ND-CP)

5. Time limit for appraisal and approval of fire prevention design

The time limit for appraisal and approval of fire prevention and fighting designs is counted from the date of receipt of complete and valid dossiers, specifically as follows:

  • Construction planning project: No more than 05 working days;
  • Approval of construction site: No more than 05 working days;
  • – Basic design: No more than 10 working days for important national projects, group A projects; no more than 05 working days for the remaining projects;
  • – Technical design or construction drawing design: No more than 15 working days for projects, works of national importance, projects or works of group A; no more than 10 working days for the remaining projects and works;
  • – Technical design of motor vehicles with special requirements for fire prevention and fighting safety: No more than 10 working days.
  • (Clause 10, Article 13 of Decree 136/2020/ND-CP)

6. Competence to approve fire prevention design

Competence to approve fire prevention and fighting designs is prescribed as follows:

– The Fire Prevention and Fighting Police Department shall appraise and approve the fire prevention and fighting design for:

+ Projects and works, regardless of investment capital sources, meeting the criteria for classification of projects and works of national importance, projects and works of group A according to the provisions of the law on public investment;

(Except for projects and construction works funded by the state budget invested by the province)

+ Works with a height of over 100 m;

+ Construction works in the area of ​​02 provinces or centrally-run cities or more;

+ Waterway vessels with a length of 50 m or more transporting passengers, transporting flammable liquids, combustible gases, explosives, chemicals with danger of fire and explosion;

+ Construction investment project proposed by the Police Department of Fire Prevention and Fighting and Rescue and Rescue of the Provincial Police.

(Except for defense establishments operating for military purposes and motorized vehicles with special requirements for assurance of fire prevention and fighting safety which are manufactured or specially converted by defense establishments. for military operations)

– The Fire Prevention and Fighting and Rescue Police Department of the Provincial Police Department shall appraise and approve the fire prevention and fighting design for:

+ Planning projects of urban areas, economic zones, industrial parks, industrial clusters, export processing zones, high-tech zones and other functional zones according to the Law on Planning in the area under their management;

+ Projects and works that are not under the jurisdiction of the Police Department of Fire Prevention, Fighting and Rescue in the area under the management and cases authorized by the Police Department of Fire Prevention, Fighting and Rescue. permission;

+ Motor vehicles with special requirements on assurance of fire prevention and fighting safety in the areas under their management that are not under the jurisdiction of the Fire Prevention and Fighting Police Department, and other cases of fire prevention and fighting. authorized by the Police Department of Fire Prevention, Fighting and Rescue.

(Except for defense establishments operating for military purposes and motorized vehicles with special requirements for assurance of fire prevention and fighting safety which are manufactured or specially converted by defense establishments. for military operations)

(Clause 12, Article 13 of Decree 136/2020/ND-CP)

>>> See more of the full set of Fire Prevention documents

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