On May 10, 2024, the Government issued Decree No. 50/2024/ND-CP ("Decree 50"), amending and supplementing certain provisions of Decree No. 136/2020/ND-CP ("Decree 136") and Decree No. 83/2017/ND-CP ("Decree 83") related to fire prevention and firefighting ("FPFF"). Some notable points of Decree 50 concerning FPFF design approval and inspections are as follows:
1. Narrowing the scope of projects subject to FPFF design approval
a. Excluding several types of projects and buildings from the requirement for FPFF design approval, notably:
- Urban construction planning projects or adjustments, economic zones, industrial zones, industrial clusters, export processing zones, high-tech parks, and other functional areas under the Law on Planning.
- Boarding houses, other accommodation facilities (excluding hotels, guesthouses, and inns that are 7 stories or higher or have a total volume of 5,000 m³ or more).
- Bars, clubs, beauty salons, massage service businesses, amusement parks, zoos, aquariums (excluding or not including karaoke, disco businesses that are 3 stories or higher or have a volume of 1,500 m³ or more).
- Department stores, convenience stores, food and beverage outlets (excluding markets, shopping malls, electronics stores, supermarkets, restaurants with a total volume of 3,000 m³ or more).
- Racecourses, shooting ranges, and other sports facilities (excluding stadiums with a capacity of 5,000 seats or more or indoor sports arenas, sports complexes, and fitness centers with a capacity of 5,000 seats or more or a total volume of 5,000 m³ or more).
- Businesses dealing in, repairing, or maintaining motor vehicles.
b. Detailed Specifications for FPFF design approval for projects and Buildings when renovating or changing the nature of use affecting FPFF safety requirements, specifically in the following cases:
- Increasing the number of floors or the area of the fire compartment.
- Changing the type or location of escape staircases.
- Reducing the number of escape routes for a floor, fire compartment, or building.
- Installing new or replacing the fire alarm system.
- Installing new or replacing the fire suppression system.
- Changing the function that raises the fire safety requirements for the floor, fire compartment, and building.
2. Simplifying FPFF Design Approval Documentation
Decree 50 reforms the requirements for FPFF design approval documentation to streamline administrative procedures, omitting several documentation components. Notably, it no longer requires the applicant to provide a power of attorney (in cases where the investor authorizes another party to submit the documents) or a Vietnamese translation of documents in foreign languages.
The current required components for FPFF design approval documentation are as follows:
| No. | Classification | Documentation Requirements |
| Technical Design or Construction Drawing Design for New Construction Projects |
- A request for FPFF design approval from the investor (Form PC06). - A document on investment policy for construction projects in accordance with regulations on investment, public investment, public-private partnership, or proof of land use rights for the project. - Construction cost estimates. - Technical design or construction drawing design documents showing the required FPFF elements. |
|
| Technical Design or Construction Drawing Design for Renovation Projects or Changes in Use |
- A request for FPFF design approval from the investor (Form PC06). - Construction cost estimates for the renovation or change of use. - Technical design or construction drawing design documents showing the required FPFF elements. |
|
| Adjusting the Authority for FPFF Design Approval to Enhance Decentralization and Delegation to Local Authorities |
- A request for FPFF design approval from the investor or vehicle owner (Form PC06). - Total investment cost estimates for the vehicle. - Technical design documents showing the required FPFF elements. |
3. Adjusting the Authority for FPFF Design Approval to Enhance Decentralization and Delegation to Local Authorities
Decree 50 clarifies the authority for FPFF design approval as follows:
a. The Fire Prevention and Rescue Police Department is responsible for approving large-scale projects, nationally significant projects, buildings over 150 meters high, and projects spanning more than two provinces or centrally administered cities, excluding national defense facilities serving military purposes.
b. The Fire Prevention and Rescue Police Divisions are responsible for approving smaller-scale projects within their management areas and special motor vehicles requiring FPFF safety measures within their management areas.
In addition to the above provisions, Decree 50 also revises regulations on the list of establishments subject to FPFF management, the list of establishments at risk of fire and explosion, the list detailing FPFF management authority, and other related aspects as detailed in the attached appendices to the Decree.
Decree 50 takes effect from May 15, 2024.
Comment: