Circular No. 06/2022/TT-BCA dated January 17, 2022 on the procedures for performing fire prevention, firefighting, and rescue tasks in the People’s Public Security force
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MINISTRY
OF PUBLIC SECURITY OF VIETNAM |
SOCIALIST
REPUBLIC OF VIETNAM |
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No. 06/2022/TT-BCA |
Hanoi, January 17, 2022 |
Pursuant to the Law on Fire Prevention and Fighting dated June 29, 2001; the Law on amendments to the Law on Fire Prevention and Fighting dated November 22, 2013;
Pursuant to the Law on Penalties for Administrative Violations dated June 20, 2012; Law on amendments to the Law on Penalties for Administrative Violations dated November 13, 2020;
Pursuant to Decree No. 166/2013/ND-CP dated November 12, 2013 of the Government on enforcement measures for administrative penalty decisions;
Pursuant to Decree No. 83/2017/ND-CP dated July 18, 2017 of the Government on rescue operations of fire prevention and fighting forces;
Pursuant to Decree No. 61/2018/ND-CP dated April 23, 2018 of the Government on the implementation of the single-window and interconnected single-window mechanism in administrative procedures;
Pursuant to Decree No. 65/2018/ND-CP dated May 12, 2018 of the Government on elaboration of certain articles of the Law on Railways;
Pursuant to Decree No. 01/2018/ND-CP dated August 6, 2018 of the Government on functions, tasks, powers, and organizational structure of the Ministry of Public Security;
Pursuant to Decree No. 42/2020/ND-CP dated April 8, 2020 of the Government on the list of dangerous goods, transport of dangerous goods by motor vehicles on roads, and transport of dangerous goods on inland waterways;
Pursuant to Decree No. 136/2020/ND-CP dated November 24, 2020 of the Government on elaboration of and measures for implementing the Law on Fire Prevention and Fighting and the Law on amendments to the Law on Fire Prevention and Fighting;
Pursuant to Decree No. 118/2021/ND-CP dated December 23, 2021 of the Government on elaboration of and measures for implementation of the Law on Penalties for Administrative Violations;
At the request of the Director of the Fire and Rescue Police Department;
The Minister of Public Security hereby issues this Circular on the procedures for performing fire prevention, firefighting, and rescue tasks in the People’s Public Security force.
This Circular provides regulations on the procedures for performing fire prevention, firefighting, and rescue tasks carried out by commissioned officers and non-commissioned officers of the People’s Public Security force (hereinafter referred to as officers), including: Appraisal of design and inspection of acceptance results for fire prevention and firefighting; inspection and issuance of Certificates of fire prevention and firefighting equipment inspection; issuance, replacement, and reissuance of Certificates of training in fire prevention, firefighting, and rescue, Practicing certificates for fire prevention and firefighting consultancy, and Certificates of eligibility for fire prevention and firefighting services; issuance of Permits for transporting hazardous and flammable goods by motor vehicles on roads, inland waterways, and railways; approval and reapproval of firefighting plans for establishments; resumption of operations for establishments, motor vehicles, households, and individuals; imposing administrative penalties in the field of fire prevention, firefighting, and rescue; enforcement measures for administrative penalty decisions in the field of fire prevention, firefighting, and rescue.
Article 2. Principles of implementation
1. Comply with the Law on Fire Prevention and Fighting, the Law on amendments to the Law on Fire Prevention and Fighting, detailed regulations, this Circular, and other relevant legal provisions.
2. Ensure consistency in the organization, direction, and implementation of fire prevention, firefighting, and rescue tasks.
3. Clearly assign and delegate responsibilities to ensure the quality and timely completion of assigned tasks.
Article 3. Timeframe for application submission and receipt
The submission and receipt of internal application within the People's Public Security force, as regulated by this Circular, shall be carried out between the application reception department and the unit or department responsible for processing the application, in specific:
1. Application submission and receipt must be completed during working hours as prescribed. For application submitted at the end of the working day, the submission and receipt must occur at the beginning of the next working day.
2. The Director of the Department of Fire Prevention, Firefighting, and Rescue Police, and the Director of the Province-level People’s Police, shall specify the schedule for application submission and receipt for units under their management, based on organizational structure.
Enclosed with this Circular are the appendices and forms used in the process of performing fire prevention, firefighting, and rescue tasks in the People’s Public Security force:
1. An Appendix of submission dossier components for fire prevention, firefighting, and rescue approval within the People’s Public Security force.
2. A process control form for monitoring the processing of fire prevention, firefighting, and rescue dossier within the People’s Public Security force.
Article 5. Appraisal of fire prevention and firefighting design
1. The preparation, submission, and processing of application for fire prevention and firefighting design appraisal must comply with Clauses 4, 6, 7, 8, and 9 of Article 13 in Decree No. 136/2020/ND-CP dated November 24, 2020 on elaboration of and measures for implementing the Law on Fire Prevention and Fighting and the Law on amendments to the Law on Fire Prevention and Fighting (hereinafter referred to as Decree No. 136/2020/ND-CP).
2. Upon receiving the application, the officer in charge must complete and record all relevant information in the Process control form for processing fire prevention, firefighting, and rescue (hereinafter referred to as the Process Control Form), enclosed with this Circular. The form is then reported to the authorized manager for approval and subsequently transferred to the assigned unit or department for processing.
3. The leader or commander of the assigned unit or department shall designate officers to handle the design appraisal tasks using the Process control form issued with this Circular.
4. The officer in charge must review the submitted application in accordance with Clause 4, Article 13 of Decree No. 136/2020/ND-CP , ensuring compliance with applicable laws, regulations, and technical standards on fire prevention and firefighting. The officer shall then proceed with the following:
a) Drafting feedback and appraisal content:
In cases where it is necessary to seek the opinions of experts, agencies, or organizations regarding fire prevention and firefighting for the application for technical design appraisal or construction drawing design involving new and complex technical or technological systems: A report shall be submitted to the direct leadership or command, proposing that the competent authority responsible for direct management review and make a decision;
b) In cases of application approval: Draft a written approval for the construction site or written comments on fire prevention and firefighting solutions, or the Certificate of appraisal of fire prevention and firefighting design using Form No. PC07 in Appendix IX enclosed with Decree No. 136/2020/ND-CP , Draft a document approving the construction site or a document providing comments on fire prevention and firefighting solutions, or the Certificate of appraisal of fire prevention and firefighting design using Form No. PC07 in Appendix IX enclosed with Decree No. 136/2020/ND-CP , or the Design appraisal document for fire prevention and firefighting using Form No. PC09 in Appendix IX enclosed with Decree No. 136/2020/ND-CP , a fee payment notification for design appraisal and approval of fire prevention and firefighting (if applicable), along with a report and proposal submitted to the direct leadership or command for presentation to the competent authority responsible for management for approval and signature. The submission dossier components are specified in points a, b, c, d, dd, and g of Section 1 in the Appendix of submission dossier components on fire prevention, firefighting, and rescue in the People’s Public Security (hereinafter referred to as the Appendix of submission dossier components), enclosed with this Circular;
c) In cases of application rejection: Draft a written response specifying the reasons, along with a report submitted to the direct leadership or command for presentation to the competent authority responsible for management for approval and signature. The submission dossier components are specified in points a, b, c, e, and g of Section 1 in the Appendix of submission dossier components, enclosed with this Circular.
d) After the Certificate of appraisal of fire prevention and firefighting design or the design appraisal document for fire prevention and firefighting is approved and signed: Affix the appraisal seal for fire prevention and firefighting design using Form No. PC08 as prescribed in point d, clause 11, Article 13 of Decree No. 136/2020/ND-CP , ensuring compliance with the following principles:
Affix the appraisal seal only to explanatory documents and drawings that display the contents approved, in accordance with the drawing symbols specified in the Certificate of appraisal of fire prevention and firefighting design or the design appraisal document for fire prevention and firefighting;
Complete the information on the appraisal seal for fire prevention and firefighting design on the drawings, including the number and issuance date of the Certificate of appraisal of fire prevention and firefighting design or the design appraisal document for fire prevention and firefighting;
dd) Handover of the Certificate of appraisal of fire prevention and firefighting design or the design appraisal document for fire prevention and firefighting: deliver it along with the application bearing the "Appraisal seal for fire prevention and firefighting design" and a notification document for fee payment for design appraisal and approval of fire prevention and firefighting (if applicable). Alternatively, provide a written response along with the previously submitted dossier and the Process control form for application processing to the results delivery division.
5. Prepare and store appraisal dossier in accordance with regulations on operational dossiers of the People’s Public Security.
For digital files (scanned or copied versions) of the dossier bearing the "Appraisal seal for fire prevention and firefighting design" submitted by the project owner, the assigned unit or department responsible for the design appraisal of fire prevention and firefighting must store them for future reference during inspections of fire prevention and firefighting acceptance results.
Article 6. Inspection of fire prevention and firefighting acceptance results
1. The preparation, submission and processing of application for fire prevention and firefighting acceptance inspections must comply with Clauses 2, 4, 5, 6, and 7 of Article 15 in Decree No. 136/2020/ND-CP .
If the application is not under the jurisdiction of the receiving officer, the officer must record the information in the Application rejection slip (Form No. 03) from the Appendix issued with Circular No. 01/2018/TT-VPCP dated November 23, 2018 on implementation of the single-window and interconnected single-window mechanism for administrative procedures (hereinafter referred to as Circular No. 01/2018/TT-VPCP). The officer then returns the application to the submitting agency, organization, or individual.
2. Upon receiving the application, the officer in charge must complete and record all relevant information in the Process control form enclosed with this Circular. The form is then reported to the authorized manager for approval and subsequently transferred to the assigned unit or department for processing.
3. The leader or commander of the assigned unit or department shall designate officers to handle the design appraisal tasks using the Process control form issued with this Circular.
4. Officers assigned to handle the application shall perform the following steps:
a) Propose the content, schedule, and composition of the inspection team; draft an inspection plan for the fire prevention and firefighting acceptance results; draft a notification document for the project owner, vehicle owner, and related units. Submit these drafts to the direct leadership or command for presentation to the competent authority responsible for management for approval and signature, and send the finalized documents to the project owner, vehicle owner, and relevant agencies or units;
b) During the inspection of fire prevention and firefighting acceptance results, officers shall perform the following tasks:
Introduce the inspection team members and inform them about the content and plan of the inspection related to the acceptance of fire prevention and firefighting measures for the construction or special fire prevention and firefighting requirements of motor vehicles;
Conduct the inspection of fire prevention and firefighting acceptance results in accordance with the provisions of Clause 3, Article 15 of Decree No. 136/2020/ND-CP , and document the inspection findings using Form No. PC10 in Appendix IX enclosed with Decree No. 136/2020/ND-CP .
c) Based on the inspection record of acceptance results:
In cases of application approval: Draft a written approval for fire prevention and firefighting acceptance results using Form PC12 from Appendix IX of Decree No. 136/2020/ND-CP , submit the draft to the direct supervisor for approval and signature by the authorized manager. The submission dossier components are specified in points a, b, c, d, and e of Section 2 in the Appendix of submission dossier components for fire prevention, firefighting, and rescue, enclosed with this Circular;
In cases of application rejection: Draft a written response specifying the reasons, along with a report submitted to the direct leadership or command for presentation to the competent authority responsible for management for approval and signature. The submission dossier components are specified in points a, b, c, dd, and e of Section 2 in the Appendix of submission dossier components for fire prevention, firefighting, and rescue, enclosed with this Circular;
d) After the written approval for fire prevention and firefighting acceptance results or the written response has been approved, signed: assign a document number and affix the official seal in accordance with regulations;
dd) Transfer the acceptance dossier, along with the written approval for fire prevention and firefighting acceptance results or the written response, and the Process control form to the results delivery department.
5. Compile and archive the fire prevention and firefighting acceptance dossier following the operational dossier regulations of the People's Public Security.
1. The preparation, submission and processing of application for inspection and issuance of Certificate of fire prevention and firefighting equipment inspection shall comply with the provisions of Clauses 5, 6, 7, 8, and 9 of Article 38 in Decree No. 136/2020/ND-CP .
If the application for inspection and issuance of the Certificate of fire prevention and firefighting equipment inspection is beyond the processing authority, the receiving officer shall record the information in the Application rejection slip using Form No. 03 in the Appendix issued with Circular No. 01/2018/TT-VPCP and return the dossier to the respective agency, organization, or individual.
2. Upon receiving the application, the officer in charge must complete and record all relevant information in the Process control form enclosed with this Circular. The form is then reported to the authorized manager for approval and subsequently transferred to the assigned unit or department for processing.
3. The leaders and commanders of units assigned to conduct the inspection and issuance of Certificate of fire prevention and firefighting equipment inspection shall assign officers to perform tasks using the Dossier control slip issued with this Circular.
4. Officers assigned to handle the application shall perform the following steps:
a) For applications for issuance of Certificate of fire prevention and firefighting equipment inspection:
Review the components, legality, and compliance of the submitted documents as per points c and d, Clause 5, Article 38 of Decree No. 136/2020/ND-CP ;
Verify and cross-check the content of the equipment inspection report, test results, and related dossier in the application against the requirements of technical standards or fire safety regulations;
Based on the results of application verification and comparison:
In cases of application approval: Draft the Certificate of fire prevention and fighting equipment inspection using Form No. PC29 from Appendix IX issued with Decree No. 136/2020/ND-CP. Prepare a notification letter regarding the fee for printing the inspection stamp for fire prevention and fighting equipment (if applicable). Report to the direct leadership and command for submission to the competent authority for approval and signature. The submission dossier components are specified in points a, b, c, d, and l of section 3 in the Appendix of submission dossier components issued with this Circular;
In cases of application rejection: Draft a response letter detailing the outcome of the application for the issuance of the Certificate of fire prevention and fighting equipment inspection. Report to the direct leadership and command for submission to the competent authority for approval and signature. The submission dossier components are specified in points a, b, d, and l of section 3 in the Appendix of submission dossier components issued with this Circular;
b) For applications for inspection and issuance of Certificate of fire prevention and firefighting equipment inspection:
Conduct sampling of fire prevention and fighting equipment and record the information using Form No. PC28 in Appendix IX issued with Decree No. 136/2020/ND-CP ;
Draft a written notification regarding the inspection fee for fire prevention and fighting equipment. Prepare a testing plan for the equipment. Submit these documents to the direct leadership for approval and signature by the authorized management;
Testing of firefighting and fire prevention equipment:
If the test results meet the requirements: Draft and complete Form No. PC25 in Appendix IX issued with Decree No. 136/2020/ND-CP and proceed according to the regulations specified in point a of this section. The submission dossier components are specified in points a, b, c, dd, g, h, i, k, and l of section 3 in the Appendix of submission dossier components issued with this Circular;
If the test results do not meet the requirements: Draft a written response detailing the outcome of the application for the inspection and issuance of the Certificate of fire prevention and firefighting equipment inspection. Submit to the direct leadership for approval and signature by the authorized management. The submission dossier components are specified in points a, b, d, g, h, i, k, and l of section 3 in the Appendix of submission dossier components issued with this Circular;
c) After the Certificate of fire prevention and firefighting equipment inspection or the written response has been approved and signed, assign a document number and affix the official seal in accordance with regulations;
If issuing the Certificate of fire prevention and firefighting equipment inspection accompanied by an inspection stamp: register the inspection stamp number and accurately record it in the Certificate of fire prevention and firefighting equipment inspection; draft a notification to inform the applicant about the schedule for affixing the inspection stamp;
d) Deliver the Certificate of fire prevention and firefighting equipment inspection or the written response regarding the inspection request, along with the Dossier control slip, to the results delivery division;
Collaborate with the applicant and relevant specialized units to affix the inspection stamp in accordance with regulations.
5. Prepare and archive the application for issuance of the Certificate of fire prevention and firefighting equipment inspection, as well as the inspection and certification dossiers, following the professional dossier management regulations of the People's Public Security.
1. The preparation, submission, and processing of applications for issuance, replacement, and reissuance of Certificates of training in fire prevention, firefighting, and rescue must comply with the provisions of Clauses 5, 6, 7, 8, 9, 10, and 11 of Article 33 of Decree No. 136/2020/ND-CP , and Clauses 5 and 6 of Article 11 of Decree No. 83/2017/ND-CP dated July 18, 2017 of the Government on the rescue operations of the fire prevention and fighting force (hereinafter referred to as Decree No. 83/2017/ND-CP).
2. Upon receiving the application, the officer in charge must complete and record all relevant information in the Process control form enclosed with this Circular. The form is then reported to the authorized manager for approval and subsequently transferred to the assigned unit or department for processing.
3. The leaders or commanders of the units assigned to carry out the inspection and issuance of Certificates of training in fire prevention, firefighting, and rescue shall assign officers to perform tasks using the Process control slip issued together with this Circular.
4. Officers assigned to handle the application shall perform the following steps:
a) In cases where agencies, organizations, establishments, or individuals request the Public Security agency to organize training, inspection, and issuance of new Certificates of training in fire prevention and fighting: Coordinate with the agencies, organizations, or establishments to develop a training plan; the plan should clearly state the time, location, instructors, participants, training content, conditions of facilities, and equipment meeting the requirements for theory and practice, and submit it to the directly managing unit leader for approval; organize training at the agreed location according to the approved program and plan; conduct assessments and evaluations after the training concludes;
In cases where training institutions for fire prevention and fighting operations organize training and request the Public Security agency to inspect and issue Certificates of training in fire prevention and fighting, agree with the requesting institution on the time, location, and assessment methods;
b) For the issuance of new Certificates of training in rescue operation: Coordinate with the agencies, organizations, or establishments to develop a training plan; the plan should clearly state the time, location, instructors, participants, training content, conditions of facilities, and equipment meeting the requirements for theory and practice, and submit it to the directly managing unit leader for approval; organize training at the agreed location according to the approved program and plan; conduct assessments and evaluations after the training concludes;
c) In cases where agencies, organizations, establishments, or individuals request the Public Security agency to organize training, inspection, and issuance of new Certificates of training in fire prevention, fighting, and rescue: Coordinate with the agencies, organizations, or establishments to develop a training plan; the plan should clearly state the time, location, instructors, participants, training content, conditions of facilities, and equipment meeting the requirements for theory and practice, and submit it to the directly managing unit leader for approval; organize training at the agreed location according to the approved program and plan; conduct assessments and evaluations after the training concludes;
In cases where establishments self-organize training in fire prevention and fighting operations, they shall comply with the provisions at Points a and b of this Clause;
d) For replacement or reissuance of Certificates of training in fire prevention, firefighting, and rescue: Verify the information of the applicant for the replacement or reissuance against the previously issued training certificate applications;
dd) Based on the results of evaluations and verification of application:
In cases of application approval: Draft a written approval and a Certificate of training in fire prevention, firefighting, rescue corresponding to the requested content using Form No. 02 in the Appendix enclosed with Decree No. 83/2017/ND-CP. Report to the direct supervisor, who will forward the documents to the authorized authority for approval and signature. The submission dossier components must include items a, b, c, d, dd, g, and h in Section 4 of the Appendix of submission dossier components enclosed with this Circular;
In cases of application rejection: Draft a written response specifying the reasons, along with a report submitted to the direct leadership or command for presentation to the competent authority responsible for management for approval and signature. The submission dossier components must include items a, b, c, e, g, and h in Section 4 of the Appendix of submission dossier components enclosed with this Circular;
e) After the Certificates of training and documents for issuance of the following are reviewed and signed: Certificate of training in fire prevention and firefighting, Certificate of professional training in rescue, Certificate of professional training in fire prevention, firefighting, and rescue, or the corresponding written response, proceed with numbering and stamping in accordance with regulations;
g) Hand over the certificates of professional training and documents for issuance of the following: Certificate of training in fire prevention and firefighting, Certificate of training in rescue; Certificate of training in fire prevention, firefighting, and rescue; or the corresponding written response, along with the Process control slip to the results delivery division.
5. Prepare and archive applications for issuance, replacement, or reissuance of Certificates of training in fire prevention, firefighting, and rescue in accordance with the regulations on the management of professional dossiers of the People’s Public Security forces.
1. The preparation, submission, and processing of applications for issuance, replacement, and reissuance of Practicing certificate of fire prevention and firefighting consultancy follow the provisions in Clauses 1, 2, 3, 4, 5, 6, 7, 8, and 9 of Article 44 in Decree No. 136/2020/ND-CP .
In cases where the application for the issuance, replacement, or reissuance of the Practicing certificate for fire prevention and firefighting consultancy does not fall under the authority to resolve, the officer receiving the application shall record the information in the Application rejection slip as per Form No. 03 in the Appendix issued with Circular No. 01/2018/TT-VPCP and return the dossier to the agency, organization, or individual.
2. Upon receiving the application, the officer in charge must complete and record all relevant information in the Process control form enclosed with this Circular. The form is then reported to the authorized manager for approval and subsequently transferred to the assigned unit or department for processing.
3. The leader or commander of the unit assigned to handle the issuance, replacement, or reissuance of the Practicing certificate for fire prevention and firefighting consultancy shall assign officers to carry out the task using the Process control slip issued with this Circular.
4. The officer assigned to process the dossier is responsible for reviewing and cross-referencing the received dossier with the requirements stipulated in Clause 3, Article 43 of Decree No. 136/2020/ND-CP and performing the following steps:
a) In cases of application approval: Draft the Practicing certificate for fire prevention and firefighting consultancy according to Form No. PC32 in Appendix IX issued with Decree No. 136/2020/ND-CP , report to the immediate leader or commander, and submit it to the authorized manager for approval and signature. The submission dossier components are specified in Points a, b, c, d, and e of Section 5 in the Appendix of submission dossier components for submission issued with this Circular;
b) In cases of application rejection: Draft a written response specifying the reasons, along with a report submitted to the direct leadership or command for presentation to the competent authority responsible for management for approval and signature. The submission dossier must include components specified in points a, b, c, đ, and e of Section 5 in the Appendix of submission dossier components for fire prevention, firefighting, and rescue, enclosed with this Circular;
c) After the Practicing certificate for fire prevention and firefighting consultancy or the written response is approved and signed: proceed with numbering and stamping in accordance with regulations;
d) Hand over the Practicing certificate for fire prevention and firefighting consultancy or the written response, along with the Process control slip, to the results delivery division.
5. Prepare and archive applications for issuance, replacement, or reissuance of Practicing certificate for fire prevention and firefighting consultancy in accordance with the regulations on the management of professional dossiers of the People’s Public Security forces.
1. The preparation, submission, and processing of applications for issuance, replacement, and reissuance of Certificate of eligibility for fire prevention and firefighting services follow the provisions in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 of Article 45 in Decree No. 136/2020/ND-CP .
If the application for issuance, replacement, and reissuance of Certificate of eligibility for fire prevention and firefighting services is beyond the authorized jurisdiction, officers record details in the Application rejection slip (Form No. 03), per Appendix of Circular No. 01/2018/TT-VPCP , and return the dossier to the respective agency, organization, or individual.
2. Upon receiving the application, the officer in charge must complete and record all relevant information in the Process control form enclosed with this Circular. The form is then reported to the authorized manager for approval and subsequently transferred to the assigned unit or department for processing.
3. The leader or commander of the unit assigned to handle the issuance, replacement, or reissuance of the Certificate of eligibility for fire prevention and firefighting services shall assign officers to carry out the task using the Process control slip issued with this Circular.
4. The officer assigned to process the dossier is responsible for reviewing and cross-referencing the received dossier with the requirements stipulated in Clause 41, Article 136/2020/ND-CP of Decree No. 136/2020/ND-CP and performing the following steps:
a) In cases of application approval: Draft the Certificate of eligibility for fire prevention and firefighting services according to Form No. PC34 in Appendix IX issued with Decree No. 136/2020/ND-CP , report to the immediate leader or commander, and submit it to the authorized manager for approval and signature. The submission dossier components are specified in Points a, b, c, d, and e of Section 6 in the Appendix of submission dossier components for submission issued with this Circular;
b) In cases of application rejection: Draft a written response specifying the reasons, along with a report submitted to the direct leadership or command for presentation to the competent authority responsible for management for approval and signature. The submission dossier must include components specified in points a, b, c, dd, and e of Section 6 in the Appendix of submission dossier components for fire prevention, firefighting, and rescue, enclosed with this Circular;
c) After the Certificate of eligibility for fire prevention and firefighting services or the written response has been approved, signed: proceed with numbering and stamping in accordance with regulations;
d) Hand over the Certificate of eligibility for fire prevention and firefighting services or the written response, along with the Process control slip, to the results delivery division.
5. Prepare and archive applications for issuance, replacement, or reissuance of Certificate of eligibility for fire prevention and firefighting services in accordance with the regulations on the management of professional dossiers of the People’s Public Security forces.
1. The preparation and processing of applications for issuance of the Permit for transporting hazardous flammable and explosive goods comply with Clauses 1 to 6, Article 9 of Decree No. 136/2020/ND-CP .
If the application for issuance of the Permit for transporting hazardous flammable and explosive goods by motor vehicles on roads, inland waterways, and railways falls outside the jurisdiction of the competent authority, the receiving officer must fill in the Application rejection slip using Form No. 03, as provided in the Appendix of Circular No. 01/2018/TT-VPCP and return the dossier to the respective agency, organization, or individual.
2. Upon receiving the application, the officer in charge must complete and record all relevant information in the Process control form enclosed with this Circular. The form is then reported to the authorized manager for approval and subsequently transferred to the assigned unit or department for processing.
3. The leaders and commanders of units assigned to conduct the inspection and issuance of the Permit for transporting hazardous flammable and explosive goods by roads, inland waterways, and railways shall assign officers to perform tasks using the Dossier control slip issued with this Circular.
4. Officers assigned to handle the application shall perform the following steps:
a) Inspect the components of the dossier and the contents of the documents included in the application for the issuance of a Permit for transporting hazardous flammable and explosive goods by motor vehicles on roads, inland waterways in accordance with Clause 2, Article 17 of Decree No. 42/2020/ND-CP dated April 8, 2020 of the Government on the list of dangerous goods, the transport of dangerous goods by motor vehicles on roads, and the transport of dangerous goods on inland waterways (hereinafter referred to as Decree No. 42/2020/ND-CP), and the application for the issuance of a Permit for the transport of dangerous goods by rail as stipulated in Clause 2, Article 9 of Decree No. 136/2020/ND-CP ;
Propose the content, schedule, and composition of the inspection team (if applicable), draft the inspection plan and inspection notification document, and report to the immediate leader or commander for submission to the authorized manager for approval and signature. Once approved, send the documents to the unit requesting the Permit for transporting hazardous flammable and explosive goods. In cases where authorization is granted to lower-level public security agencies to inspect fire safety conditions for transport vehicles, the draft inspection plan and the inspection notification document must clearly specify the details and provide information to the lower-level public security agencies for implementation;
Implement the provisions of Clause 7, Article 9 of Decree No. 136/2020/ND-CP to organize inspections of fire safety conditions for transport vehicles in accordance with the content specified in Clause 3, Article 8 of Decree No. 136/2020/ND-CP ;
The authority responsible for issuing the Permit for transporting hazardous flammable and explosive goods, as specified in Clause 8, Article 9 of Decree No. 136/2020/ND-CP , may, based on practical circumstances, jurisdiction, operational requirements, and available conditions, authorize lower-level public security agencies to inspect fire safety conditions for transport vehicles in accordance with the content specified in Clause 3, Article 8 of Decree No. 136/2020/ND-CP and submit the inspection results to the competent authority for consideration and issuance of the Permit for transporting hazardous flammable and explosive goods as prescribed;
b) Based on the results of dossier review and inspection of fire safety conditions for transport vehicles carrying hazardous flammable and explosive goods:
In cases of application approval: Draft the Permit for transporting hazardous flammable and explosive goods according to Form No. PC05 and the hazardous flammable and explosive goods label according to Form No. PC01 in Appendix IX issued with Decree No. 136/2020/ND-CP , report to the immediate leader or commander, and submit it to the authorized manager for approval and signature. The submission dossier components must include items a, b, c, d, dd, g, and h in Section 7 of the Appendix of submission dossier components enclosed with this Circular;
In cases of application rejection: Draft a written response specifying the reasons, along with a report submitted to the direct leadership or command for presentation to the competent authority responsible for management for approval and signature. The submission dossier components must include items a, b, c, d, dd, g, and h in Section 7 of the Appendix of submission dossier components enclosed with this Circular;
c) After the Permit for transporting hazardous flammable and explosive goods or the written response is approved and signed: proceed with numbering and stamping in accordance with regulations;
d) Hand over the Permit for transporting hazardous flammable and explosive goods, the hazardous flammable and explosive goods label, or the written response, along with the Process control slip, to the results delivery division.
5. Prepare and archive dossiers for the issuance of the Permit for transporting hazardous flammable and explosive goods in accordance with the regulations on the management of professional dossiers of the People’s Public Security forces.
Article 12. Approval or reapproval of firefighting plans for establishments
1. The preparation, receipt, and processing of the application for approval or reapproval of the firefighting plan of an establishment shall comply with the provisions of Clauses 4, 5, 6, 7, and 8, Article 19 of Decree No. 136/2020/ND-CP .
In cases where the firefighting plan does not fall under the approval authority, the officer receiving the application shall record the information in the Application rejection slip according to Form No. 03 in the Appendix issued with Circular No. 01/2018/TT-VPCP and return the application to the agency, organization, or individual.
2. Upon receiving the application, the officer in charge must complete and record all relevant information in the Process control form enclosed with this Circular. The form is then reported to the authorized manager for approval and subsequently transferred to the assigned unit or department for processing.
3. The leader or commander of the unit assigned to approve the firefighting plan of the establishment is responsible for assigning officers carry out the task using the Process control slip issued with this Circular.
4. Officers assigned to handle the application shall perform the following steps:
a) Assess the consistency of the content of the firefighting plan with the type of establishment requesting approval and the content specified in Form No. PC17 in Appendix IX issued with Decree No. 136/2020/ND-CP ;
b) Prepare a comparison table to review and evaluate the contents of the firefighting plan against the requirements and guidelines for preparing the firefighting plan as specified in Form No. PC17 in Appendix IX issued with Decree No. 136/2020/ND-CP ;
In the case of reapproving the firefighting plan: Assess the consistency of the additional or revised content with the hypothetical scenarios, local firefighting forces, and firefighting equipment arrangement. Prepare a comparison table to review and evaluate the additional or revised content against Sections 2, 4, 5, 6, 7, 8, 9, 10, and 11 in the guidelines for preparing the firefighting plan specified in Form No. PC17 in Appendix IX issued with Decree No. 136/2020/ND-CP ;
c) Based on the results of the application review and evaluation:
In cases of application approval: Report to the immediate leader or commander for submission to the authorized manager for approval of the firefighting plan. The submission dossier components are specified in Points a, b, c, and dd of Section 8 in the Appendix of submission dossier components issued with this Circular;
In cases of application rejection: Draft a written response stating the reasons clearly, report to the immediate leader or commander, and submit it to the authorized manager for approval and signature. The submission dossier components are specified in points a, b, d, and l of section 8 in the Appendix of submission dossier components issued with this Circular;
d) After the establishment's firefighting plan is approved or the written response is signed and approved: proceed with numbering and stamping in accordance with regulations;
dd) Hand over the approved firefighting plan of the establishment or the written response, along with the Process control slip, to the results delivery division.
5. Prepare and archive the dossier for the approval of the establishment's firefighting plan in accordance with the regulations on managing professional dossiers of the People’s Public Security forces.
Article 13. Resumption of operations for establishments, motor vehicles, households, and individuals
1. The procedure for resuming operations for establishments, motor vehicles, households, and individuals shall comply with the provisions of Article 18 of Decree No. 136/2020/ND-CP .
2. The person authorized to issue the decision on temporary suspension or suspension of operations, as stipulated in Points a, b, and c, Clause 8, Article 17 of Decree No. 136/2020/ND-CP , may, based on practical circumstances, authority, operational requirements, and available conditions, authorize lower-level public security agencies to inspect the remediation results in accordance with the content specified in Clause 7, Article 18 of Decree No. 136/2020/ND-CP. The results shall be sent to the authority of the person who issued the previous decision on temporary suspension or suspension of operations for their consideration and issuance of a decision to resume operations as prescribed.
Administrative penalties in cases where no violation record is issued shall follow these steps:
1. Force the cessation of the administrative violation in accordance with Article 55 of the Law on Handling Administrative Violations 2012, as amended in 2020.
2. Issue an administrative penalty decision under the authority, using Form No. 01 issued with Decree No. 118/2021/ND-CP dated December 23, 2021, of the Government on elaboration of and measures for the implementation of the Law on Handling Administrative Violations (hereinafter referred to as Decree No. 118/2021/ND-CP).
3. Enforce the penalty decision without issuing a violation record as stipulated in Article 69 of the Law on Handling Administrative Violations 2012, as amended in 2020.
In cases where organizations or individuals fail to comply with the penalty decision, implement enforcement measures for administrative penalty decisions based on the provisions of Articles 86, 87, and 88 of the Law on Handling Administrative Violations 2012, as amended in 2020.
4. Prepare and archive administrative penalty dossiers in the field of fire prevention, firefighting, and rescue in accordance with the regulations on managing professional dossiers of the People’s Public Security forces.
Administrative penalties for cases where a violation record is issued shall follow these steps:
1. Force the cessation of the violation in accordance with Article 55 of the Law on Handling Administrative Violations 2012, as amended in 2020.
2. Issue a violation record in accordance with Article 58 of the Law on Handling Administrative Violations 2012, as amended in 2020, and Form No. 01 issued with Decree No. 118/2021/ND-CP .
In cases where the violation involves confiscated evidence or means of administrative violation, report to the authorized person to issue a decision on temporary seizure of evidence or means of administrative violation using Form No. 20 issued with Decree No. 118/2021/ND-CP. Organize the temporary seizure in accordance with Article 125 of the Law on Handling Administrative Violations 2012, as amended in 2020.
3. Prepare the violation dossier and report it to the immediate leader or commander for consultation with the authorized person to assign a unit or propose the authorized person to transfer the dossier to the assigned unit or department for resolution.
4. The leader or commander of the unit assigned to handle the dossier shall assign officers to carry out the task using the Process control slip issued with this Circular.
5. Officers assigned to handle the application shall perform the following steps:
a) Verify the circumstances of the administrative violation if the circumstances specified in Clause 1, Article 59 of the Law on Handling Administrative Violations 2012, as amended in 2020, are applicable. Fill out the information in Form No. 05 issued with Decree No. 118/2021/ND-CP and determine the penalty authority (if applicable);
b) Based on the violation dossier and the results of the verification in Point a, Clause 5 of this Article: Draft an administrative penalty decision using Form No. 02 issued with Decree No. 118/2021/ND-CP if the case falls within the penalty authority.
In cases exceeding the penalty authority: Draft the following documents for submission to the immediate leader or commander for presentation to the authorized person for approval and signature: Administrative penalty decision using Form No. 02 issued with Decree No. 118/2021/ND-CP ; Decision on confiscation of evidence or means of administrative violation using Form No. 14 issued with Decree No. 118/2021/ND-CP (if applicable); or Decision on the enforcement of remedial measures using Form No. 15 issued with Decree No. 118/2021/ND-CP in cases where no penalty decision is issued as prescribed (if applicable). The submission dossier components are specified in Section 9 of the Appendix of submission dossier components issued with this Circular;
c) After the administrative penalty decision, decision on confiscation of evidence or means of administrative violation (if applicable), or decision on applying remedial measures (if applicable) is approved and signed: proceed with numbering and stamping in accordance with regulations;
d) Send the administrative penalty decision, decision on confiscation of evidence or means of administrative violation (if applicable), or decision on applying remedial measures (if applicable) to the violating individual or organization in accordance with Article 70 of the Law on Handling Administrative Violations 2012, as amended in 2020.
6. Based on Clause 2, Article 73 of the Law on Handling Administrative Violations 2012, as amended in 2020, the authorized person who issued the penalty decision is responsible for organizing the enforcement of the administrative penalty decision, decision on confiscation of evidence or means of administrative violation (if applicable), or decision on applying remedial measures (if applicable). They must assign officers to monitor the implementation of the decision by the violating individual or organization.
In cases where the penalized individual or organization does not voluntarily comply with the penalty decision, enforcement measures for the administrative penalty decision shall be organized in accordance with Point a, Clause 1, Article 86 of the Law on Handling Administrative Violations 2012, as amended in 2020.
7. In cases where dossiers are received from criminal procedure agencies requesting penalties for fire and explosion incidents, the following steps shall be taken:
a) The leader or commander assigns officers to receive the document requesting the administrative penalty and review the dossier components transferred by the criminal procedure agency in accordance with Article 63 of the Law on Handling Administrative Violations 2012, as amended in 2020. If the dossier is incomplete, request additional dossier;
b) After receiving the dossier in accordance with regulations, the officer receiving the dossier shall prepare and fully record the information in the Process control slip issued with this Circular and perform the following tasks:
Review and examine the dossier; if the basis for proposing the issuance of an administrative penalty decision is insufficient, consult with the unit's leader or commander and report to the superior authority for instructions;
If the administrative violations in the dossier have been identified and agreed upon, proceed as prescribed in Clauses 5 and 6 of this Article;
Draft a notification of the results of dossier resolution and report it to the immediate leader or commander for submission to the authorized person for approval and signature. Send the notification to the unit that initially transferred the dossier, ensuring compliance with the timeframe specified in Point a, Clause 2, Article 17 of Circular No. 55/2020/TT-BCA dated June 3, 2020, issued by the Minister of Public Security on the assignment of responsibilities and coordination in the investigation and resolution of fire and explosion incidents by the People's Public Security forces.
8. Prepare and archive administrative penalty dossiers in the field of fire prevention, firefighting, and rescue in accordance with the regulations on managing professional dossiers of the People’s Public Security forces.
1. For the enforcement measure of deducting a portion of wages or income, as stipulated in Point a, Clause 2, Article 86 of the Law on Handling Administrative Violations 2012, as amended in 2020, the process is as follows:
a) Verify information on the wages and income of the individual subject to enforcement in accordance with Article 9 of Decree No. 166/2013/ND-CP dated November 12, 2013, of the Government on the enforcement measures for administrative penalty decisions (hereinafter referred to as Decree No. 166/2013/ND-CP);
b) Based on the verification results, draft the Decision on deducting a portion of wages or income using Form No. 07 issued with Decree No. 118/2021/ND-CP and report it to the immediate leader or commander for submission to the authorized person for approval and signature;
The submission dossier components are specified in Points a, d, g, h, and i of Section 9 in the Appendix of submission dossier components issued with this Circular;
c) After the Decision on deducting a portion of wages or income is approved and signed: proceed with numbering and stamping in accordance with regulations;
d) Send the enforcement decision to the organization or individual subject to enforcement and related organizations or individuals in accordance with Article 5 of Decree No. 166/2013/ND-CP ;
dd) Monitor the implementation of the enforcement decision until receiving a notification from the agency, organization, or employer managing the wages or income of the individual subject to enforcement, or from the agency disbursing social insurance to the individual subject to enforcement, and from the State Treasury confirming that the enforcement decision has been fully implemented.
2. For the enforcement measure of deducting money from the account of a violating individual or organization, as stipulated in Point a, Clause 2, Article 86 of the Law on Handling Administrative Violations 2012, as amended in 2020, the process is as follows:
a) Verify information about the account of the individual or organization subject to enforcement in accordance with Article 14 of Decree No. 166/2013/ND-CP ;
b) Based on the verification results, draft the Decision on deducting money from the account using Form No. 08 issued with Decree No. 118/2021/ND-CP and report it to the immediate leader or commander for submission to the authorized person for approval and signature;
The submission dossier components are specified in Points a, c, and i of Section 9 in the Appendix of submission dossier components issued with this Circular;
c) After the Decision on deducting money from the account is approved and signed: proceed with numbering and stamping in accordance with regulations;
d) Send the enforcement decision to the organization or individual subject to enforcement and related organizations or individuals in accordance with Article 5 of Decree No. 166/2013/ND-CP ;
dd) Monitor the implementation of the enforcement decision until receiving a notification from the State Treasury receiving the deducted money, confirming that the individual or organization subject to enforcement has fulfilled the enforcement decision.
3. For the enforcement measure of seizing assets equivalent to the fine amount for auction, as stipulated in Point b, Clause 2, Article 86 of the Law on Handling Administrative Violations 2012, as amended in 2020, the process is as follows:
a) Prepare an estimated budget for enforcement costs in accordance with Clause 1, Article 5 of Circular No. 05/2017/TT-BTC dated January 16, 2017, issued by the Minister of Finance, which provides guidance on the management, advance, and reimbursement of enforcement costs for administrative penalty decisions. Report to the immediate leader or commander for submission to the authorized enforcement officer for approval and signature, and send it to the individual or organization subject to enforcement;
b) Verify information about the assets of the individual or organization subject to enforcement in accordance with Article 20 of Decree No. 166/2013/ND-CP and record the information in the verification record using Form No. 09 issued with Decree No. 118/2021/ND-CP ;
c) Based on the verification results, draft the Decision on enforcement by seizing assets equivalent to the fine amount using Form No. 09 issued with Decree No. 118/2021/ND-CP , along with a notification of asset seizure (unless such notification would hinder the seizure process). Submit the draft to the immediate leader or commander for presentation to the authorized person for approval and signature;
Draft a document requesting the assistance of the same-level Mobile Police or Protective Police agency in cases where maintaining order and safety is required during the enforcement process, in accordance with regulations. Submit it to the immediate leader or commander for presentation to the authorized person for approval and signature;
The submission dossier components are specified in Points a, d, g, h, and i of Section 9 in the Appendix of submission dossier components issued with this Circular;
d) After the Decision on enforcement by seizing assets, the notification of asset seizure, and the document requesting the assistance of the Mobile Police or Protective Police agency (if applicable) are approved and signed: proceed with numbering and stamping in accordance with regulations;
dd) Send the enforcement decision to the individual or organization subject to enforcement and related organizations or individuals in accordance with Articles 5 and 21 of Decree No. 166/2013/ND-CP. Notify the asset seizure to individuals and organizations as stipulated in Clause 2, Article 21 of Decree No. 166/2013/ND-CP. If requesting the same-level Mobile Police or Protective Police agency to assist in maintaining order and safety during the enforcement process, issue the notification in accordance with Clause 1, Article 7 of Decree No. 166/2013/ND-CP .
e) Organize the enforcement of asset seizure in accordance with Articles 22 and 23 of Decree No. 166/2013/ND-CP. The enforcement results must be recorded using Form No. 12 issued with Decree No. 118/2021/ND-CP ;
g) Report to the immediate leader or commander for consultation with the authorized person on processing the assets obtained from the seizure in accordance with Articles 24, 25, and 26 of Decree No. 166/2013/ND-CP .
4. For the enforcement measure of seizing money or other assets from the subject of enforcement held by another individual or organization when the violator deliberately conceals assets after the violation, as stipulated in Point c, Clause 2, Article 86 of the Law on Handling Administrative Violations 2012, as amended in 2020, the process is as follows:
a) Verify information about the assets held by a third party on behalf of the subject of enforcement in accordance with Article 29 of Decree No. 166/2013/ND-CP and record the information in the verification record using Form No. 09 issued with Decree No. 118/2021/ND-CP ;
b) Based on the verification results, draft the Decision on enforcement to seize money or assets for implementing the administrative penalty decision using Form No. 10 issued with Decree No. 118/2021/ND-CP. Report it to the immediate leader or commander for submission to the authorized person for approval and signature;
The submission dossier components are specified in Points a, dd, g, h, and i of Section 9 in the Appendix of submission dossier components issued with this Circular;
c) After the Decision on enforcement to seize money or assets for implementing the administrative penalty decision is approved and signed: proceed with numbering and stamping in accordance with regulations;
d) Send the enforcement decision to the organization or individual subject to enforcement and related organizations or individuals in accordance with Article 5 of Decree No. 166/2013/ND-CP ;
dd) Organize the enforcement of the enforcement decision in accordance with Article 32 of Decree No. 166/2013/ND-CP. The enforcement results must be recorded using Form No. 10 issued with Decree No. 118/2021/ND-CP .
5. For the enforcement measure of compelling the implementation of remedial measures as stipulated in Point d, Clause 2, Article 86 of the Law on Handling Administrative Violations 2012, as amended in 2020, the process is as follows:
a) Draft the Decision on enforcement to compel the implementation of remedial measures using Form No. 11 issued with Decree No. 118/2021/ND-CP , along with a notification of the time and location for organizing the enforcement. Request the commune-level People’s Committee (where the enforcement is organized) to assign representatives to participate. Report to the immediate leader or commander for submission to the authorized person for approval and signature;
The submission dossier components are specified in Points a, e, g, and h of Section 9 in the Appendix of submission dossier components issued with this Circular;
b) After the Decision on enforcement to compel the implementation of remedial measures and the notification document are approved and signed: proceed with numbering and stamping in accordance with regulations;
c) Send the enforcement decision to the individual or organization subject to enforcement, to related organizations or individuals in accordance with Article 5 of Decree No. 166/2013/ND-CP , and the notification document to the commune-level People’s Committee (where the enforcement is organized) as prescribed;
d) Organize the enforcement in accordance with Articles 34 and 35 of Decree No. 166/2013/ND-CP. The enforcement results must be recorded using Form No. 11 issued with Decree No. 118/2021/ND-CP .
6. The enforcement dossier for implementing administrative penalty decisions in the field of fire prevention, firefighting, and rescue is part of the administrative penalty dossier in the same field and must be prepared and archived in accordance with the regulations on managing professional dossiers of the People’s Public Security forces.
1. This Circular comes into force as of March 5, 2022.
2. Circular No. 25/2018/TT-BCA dated August 6, 2018, issued by the Minister of Public Security, on the procedures for appraising design and acceptance of fire prevention and firefighting by the Fire prevention and firefighting police force, ceases to be effective as of the effective date of this Circular.
3. Any legal documents, articles, or clauses referenced in this Circular that are amended, supplemented, or replaced will automatically apply in their amended, supplemented, or replaced form.
Article 18. Implementation responsibilities
1. The General Director of the Department of Fire Prevention, Firefighting, and Rescue Police is responsible for guiding, inspecting, and supervising the implementation of this Circular; and for organizing the implementation of the provisions specified in Point b, Clause 2 of this Article.
2. Directors of province-level Public Security:
a) Are responsible for implementing this Circular;
b) Organize the implementation of Clauses 3 and 4 in Articles 5, 6, 7, 8, 9, 10, 11, and 12 of this Circular in accordance with the actual conditions and the working regulations of the unit.
Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Public Security (through the Fire and Rescue Police Department) for timely guidance./.
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|
MINISTER |
OF SUBMISSION DOSSIER COMPONENTS FOR FIRE PREVENTION,
FIREFIGHTING, AND RESCUE WITHIN THE PEOPLE’S PUBLIC SECURITY FORCE
(Enclosed with Circular No. 06/2022/TT-BCA dated January 17, 2022)
1. Submission dossier for appraisal of fire prevention and firefighting design
a) Process control slip;
b) Report on appraisal of fire prevention and firefighting design or report on the review and approval of construction site location;
c) Comparison table for appraisal of fire prevention and firefighting design;
d) Draft written approval of the construction site location, written comments for fire prevention and firefighting solutions, certificate of appraisal of fire prevention and firefighting design, or written appraisal for fire prevention and firefighting design;
dd) Draft document notifying the appraisal fee for fire prevention and firefighting;
e) Draft written response;
g) Receipt slip for the application dossier, along with all documents and materials previously submitted by the project owner, and the request for appraisal of fire prevention and firefighting design or authorization document for appraisal of fire prevention and firefighting design from the Fire prevention and fighting police force (if applicable).
2. Submission dossier for inspection of acceptance results on fire prevention and firefighting
a) Process control slip;
b) Report on acceptance results for fire prevention and firefighting;
c) Inspection records of acceptance results on fire prevention and firefighting;
d) Draft document for approval of acceptance results on fire prevention and firefighting;
dd) Draft written response;
e) Receipt slip for the application dossier and all documents and materials previously submitted by the project owner.
a) Process control slip;
b) Report and proposal on the results of application verification and comparison;
c) Draft Certificate of fire prevention and firefighting equipment inspection;
d) Draft written response on the results of resolving the application for inspection and issuance of the Certificate of fire prevention and firefighting equipment inspection;
dd) Draft document notifying the fee for printing inspection labels for fire prevention and firefighting equipment (if applicable);
e) Draft document notifying the inspection fee for fire prevention and firefighting equipment;
g) Testing record of fire prevention and firefighting equipment or report on testing results of fire prevention and firefighting equipment by a specialized agency;
h) Sample collection record for inspected equipment;
i) Testing plan for fire prevention and firefighting equipment;
k) Inspection record for fire prevention and firefighting equipment;
l) Receipt slip for processing fire prevention and firefighting procedures and all documents in the dossier submitted by the agency or organization previously, along with the authorization document for equipment inspection from the Department of Fire Prevention and Fighting Police (if applicable).
a) Process control slip;
b) Report on results of archived dossier verification and comparison (if any);
c) List and test results of individuals (if applicable);
d) Draft decision on issuance of the Certificate of training in fire prevention and firefighting, Certificate of training in rescue, or Certificate of training in fire prevention, firefighting, and rescue (appropriate to the training content or request for replacement or reissuance);
dd) Draft Certificate of training in fire prevention and firefighting, or Certificate of training in rescue, or Certificate of fire prevention and firefighting, rescue for individuals;
e) Draft written response;
g) Approved training organization plan (if applicable);
h) Receipt slip for processing fire prevention, firefighting, and rescue procedures and all documents in the dossier submitted previously by the agency, organization, or individual.
a) Process control slip;
b) Report and proposal on dossier inspection results and review of archived dossiers (if applicable);
c) Checklist for reviewing and comparing conditions for issuance of the Practicing certificate for fire prevention and firefighting consultancy;
d) Draft Practicing certificate for fire prevention and firefighting consultancy using Form No. PC32 in Appendix IX issued with Decree No. 136/2020/ND-CP ;
dd) Draft written response;
e) Receipt slip for processing fire prevention and firefighting procedures and all documents in the dossier previously submitted.
a) Process control slip;
b) Report and proposal on dossier inspection results and review of archived dossiers (if applicable);
c) Checklist for reviewing and comparing conditions for issuance of the Certificate of eligibility for fire prevention and firefighting service business;
d) Draft Certificate of eligibility for fire prevention and firefighting services using Form No. PC34 in Appendix IX issued with Decree No. 136/2020/ND-CP ;
dd) Draft written response;
e) Receipt slip for processing fire prevention and firefighting procedures and all documents in the dossier previously submitted.
a) Process control slip;
b) Report and proposal on content, schedule, and composition of the inspection team for fire safety conditions of vehicles transporting hazardous flammable and explosive goods (if applicable);
c) Inspection plan and inspection notification for the unit requesting the Permit for transporting hazardous flammable and explosive goods (if applicable);
d) Inspection record using Form No. PC10 in Appendix IX issued with Decree No. 136/2020/ND-CP (if applicable);
dd) Report and proposal on whether to issue or not issue the Permit for transporting hazardous flammable and explosive goods;
e) Draft Permit for transporting hazardous flammable and explosive goods using Form No. PC05 and hazardous flammable and explosive goods label using Form No. PC01 in Appendix IX issued with Decree No. 136/2020/ND-CP ;
g) Draft written response;
h) Receipt slip for processing fire prevention and firefighting procedures and all documents in the dossier previously submitted.
8. Submission dossier for approval or reapproval of firefighting plans for establishments
a) Process control slip;
b) Report on inspection and evaluation results of the dossier;
c) Comparison table for reviewing and evaluating the firefighting plan;
d) Draft written response;
dd) Receipt slip for processing fire prevention and firefighting procedures and all documents in the dossier previously submitted by the agency, organization, or individual.
a) Safety inspection record on fire prevention, firefighting, and rescue; working minutes; inspection conclusion;
b) Violation record using Form No. 01 issued with Decree No. 118/2021/ND-CP ;
c) Record of verification of the circumstances of the administrative violation using Form No. 05 issued with Decree No. 118/2021/ND-CP ;
d) Record of testimony (if applicable);
dd) Draft Decision on delegation of authority for administrative penalties using Form No. 34 issued with Decree No. 118/2021/ND-CP (if applicable);
e) Draft Decision on administrative penalties using Form No. 02 issued with Decree No. 118/2021/ND-CP ;
g) Draft Decision on confiscation of evidence or means of administrative violation using Form No. 14 issued with Decree No. 118/2021/ND-CP ; draft Decision on enforcement of remedial measures using Form No. 15 issued with Decree No. 118/2021/ND-CP (in cases where no penalty decision is issued);
h) Explanation report from the violator (if applicable); request for a direct explanation (if applicable); minutes of the direct explanation session using Form No. 03 issued with Decree No. 118/2021/ND-CP (if applicable);
i) Report and proposal for handling administrative violations;
k) Report and proposal for extending the processing time for administrative violations, or a document extending the time for issuing a penalty decision (if applicable);
l) Process control slip;
m) Other documents and materials related to the handling of administrative violations in the field of fire prevention, firefighting, and rescue (if applicable).
a) Report and proposal for enforcement of the administrative penalty decision;
b) Draft Decision on enforcement by deducting a portion of wages or income;
c) Draft Decision on enforcement by deducting money from an account;
d) Draft Decision on enforcement by seizing assets equivalent to the fine amount;
dd) Draft Decision on enforcement to seize money or assets to implement the administrative penalty decision;
e) Draft Decision on enforcement to compel the implementation of remedial measures;
g) Draft document to the Mobile Police or Protective Police units;
h) Draft notification to the subject of enforcement and the commune-level People’s Committee where the enforcement is organized;
i) Documents related to the verification of the assets of the subject of enforcement./.
(Issued with Circular No. 06/2022/TT-BCA dated January 17, 2022)
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………(1)……….. |
SOCIALIST
REPUBLIC OF VIETNAM |
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No. /KSGQHS-P…… |
[Location]…, [date]…………….. |
Dossier code: ...............................................................................................................
Unit (department) processing the dossier: ................................................................................
Agency/unit coordinating in processing the dossier: ..................................................................
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NAME OF UNIT (DEPARTMENT) |
TIME OF DOSSIER TRANSFER AND RECEIPT |
DOSSIER RESOLUTION RESULTS (Before deadline/on time/late) |
NOTES |
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1. Transfer: ………
2. Receipt: ….. |
...hour...minute, date...month...year... |
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Transferred by (Signature and full name) |
Received by (Signature and full name) |
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1. Transfer: ………
2. Receipt: ………
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...hour...minute, date...month...year... |
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Transferred by (Signature and full name) |
Received by (Signature and full name) |
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1. Transfer: ………
2. Receipt: ………
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...hour...minute, date...month...year... |
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Transferred by (Signature and full name) |
Received by (Signature and full name) |
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… |
… |
… |
… |
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1. Transfer: ……..
2. Receipt: ……. |
...hour...minute, date...month...year... |
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Transferred by (Signature and full name)
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Received by (Signature and full name) |
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Notes:
(1) Name of the direct managing agency or organization;
(2) Name of the unit (department) assigned to perform the task.
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