THE MINISTRY OF
PUBLIC SECURITY |
THE SOCIALIST
REPUBLIC OF VIETNAM |
No: 55/2024/TT-BCA |
Hanoi, October 31, 2024 |
AMENDING A NUMBER OF ARTICLES OF CIRCULAR NO. 141/2020/TT-BCA DATED DECEMBER 23, 2020 OF THE MINISTER OF PUBLIC SECURITY ON THE INSPECTION OF FIRE PREVENTION, FIGHTING AND RESCUE OF THE PEOPLE'S PUBLIC SECURITY FORCE; CIRCULAR NO. 150/2020/TT-BCA DATED DECEMBER 31, 2020 OF THE MINISTER OF PUBLIC SECURITY ON PROVISION OF FIRE PREVENTION AND FIGHTING AND RESCUE EQUIPMENT TO NEIGHBORHOOD WATCHES, INTERNAL FIREFIGHTING FORCES AND SPECIALIZED FIREFIGHTING FORCES; CIRCULAR NO. 82/2021/TT-BCA DATED AUGUST 6, 2021 OF THE MINISTER OF PUBLIC SECURITY ON STANDARDS, TASKS, TRAINING, INSPECTION OF APPRAISAL OF FIRE SAFETY DESIGN AND COMMISSIONING OF THE FIRE PREVENTION, FIGHTING AND RESCUE POLICE FORCE; CIRCULAR NO. 06/2022/TT-BCA DATED JANUARY 17, 2022 OF THE MINISTER OF PUBLIC SECURITY ON PROCEDURES FOR PERFORMING FIRE PREVENTION AND FIGHTING AND RESCUE OPERATIONS IN THE PEOPLE'S PUBLIC SECURITY FORCES
Pursuant to the Law on Fire Prevention and Fighting dated June 29, 2001 and Law on Amendments to Law on Fire Prevention and Fighting dated November 22, 2013;
Pursuant to Decree No. 83/2017/ND-CP dated July 18, 2017 of the Government on rescue operations by fire departments;
Pursuant to Decree No. 61/2018/ND-CP dated April 23, 2018 of the Government on implementation of single-window system and interlinked single-window system for handling administrative procedures;
Pursuant to Decree No. 136/2020/ND-CP dated November 24, 2020 of the Government providing guidance on a number of Articles of Law on Fire Prevention and Fighting and Law on Amendments to Law on Fire Prevention and Fighting.
Pursuant to Decree No. 50/2024/ND-CP dated May 10, 2024 of the Government on amendments to Decree No. 136/2020/ND-CP dated November 24, 2020 on elaboration of Law on Fire Prevention and Fighting dated June 29, 2001; Law on amendments to the Law on Fire Prevention and Fighting dated November 22, 2013 and Decree No. 83/2017/ND-CP dated July 18, 2017 of the Government on rescue operations by fire departments;
Pursuant to Decree No. 34/2024/ND-CP dated March 31, 2024 of the Government on list of dangerous goods, transport of dangerous goods by road motor vehicles and inland watercraft;
Pursuant to Decree No. 01/2018/ND-CP dated August 6, 2018 of the Government on the functions, tasks, powers and organizational structure of the Ministry of Public Security;
At the request of Director General of Fire and Rescue Police Department;
The Ministry of Public Security issues a Decree amending a number of articles of Circular No. 141/2020/TT-BCA dated December 23, 2020 of the Minister of Public Security on the inspection of fire prevention, fighting and rescue of the People's Public Security Force; Circular No. 150/2020/TT-BCA dated December 31, 2020 of the Minister of Public Security on provision of fire prevention and fighting and rescue equipment to neighborhood watches, internal firefighting forces and specialized firefighting forces; Circular No. 82/2021/TT-BCA dated August 6, 2021 of The Minister of Public Security on standards, tasks, training, inspection of appraisal of fire safety design and commissioning of the Fire Prevention, Fighting and Rescue Police Force; Circular No. 06/2022/TT-BCA dated January 17, 2022 of the Minister of Public Security on procedures for performing fire prevention and fighting and rescue operations in the People's Public Security Forces.
1. Amendments to point b of clause 1 of Article 6:
b) Inspect the fire prevention and firefighting responsibilities of the heads of agencies, organizations, and facilities; inspect the fire safety of facilities, residential areas, households, and household businesses as stipulated in Articles 5, 6, and 7 of Decree No. 136/2020/ND-CP dated November 24, 2020, by the Government providing guidance on a number of Articles of Law on Fire Prevention and Fighting and Law on Amendments to Law on Fire Prevention and Fighting (hereinafter referred to as “Decree No. 136/2020/ND-CP"), amended by Decree No. 50/2024/ND-CP dated May 10, 2024, of the Government on amendments to Decree No. 136/2020/ND-CP dated November 24, 2020 on elaboration of Fire Prevention and Fighting dated June 29, 2001; Law on amendments to the Law on Fire Prevention and Fighting dated November 22, 2013 and Decree No. 83/2017/ND-CP dated July 18, 2017 of the Government on rescue operations by fire departments (hereinafter referred to as “Decree No. 50/2024/ND-CP”)
2. Amendments to clause 2 of Article 8:
"2. Fire departments affiliated to provincial police department decide on the assignment of officers depending on official payroll and operational requirements to ensure compliance with the standards specified in clauses 2 and 3 of Article 4 of Circular No. 141/2020/TT-BCA serving inspections of fire prevention, firefighting, and rescue, and managing the local areas and facilities.
The assignment of inspectors must ensure the comprehensive management of the designated areas and facilities and inspections must comply with the regulations specified in Article 16 of Decree No. 136/2020/ND-CP , Article 12 of Decree No. 83/2017/ND-CP , which are amended by clause 8 of Article 1, clause 3 of Article 2 of Decree No. 50/2024/ND-CP .".
3. Amendments to points b and c of clause 2 of Article 10:
"b) Inspect contents specified in clause 2 of Article 16 of Decree No. 136/2020/ND-CP , which is point a of clause 8 of Article 1 of Decree No. 50/2024/ND-CP and clause 3 of Article 2 of Decree No. 50/2024/ND-CP ;
c) Prepare inspection records using the Form PC10 prescribed in Appendix IX issued together with Decree No. 50/2024/ND-CP. The inspection record shall be prepared in at least 2 copies, with one copy handed to the entity being inspected, one copy kept in the dossier, and one copy provided to the relevant unit (if any)."
4. Amendments to points a, b and d of clause 1 of Article 11:
Amendments to points a and b of clause 1:
"a) Cases specified in clause 2 of Article 17 of Decree No. 136/2020/ND-CP , which is amended by point a of clause 9 of Article 1 of Decree No. 50/2024/ND-CP ;
b) Violating fire safety regulations that may pose a risk of fire or explosion as stipulated in point d of clause 3 of Article 16 of Decree No. 136/2020/ND-CP , which is amended by point b of clause 8 of Article 1 of Decree No. 50/2024/ND-CP ;".
b) Amendments to point b of clause 1:
"d) Upon detection of sign of breaching or misuse of fire prevention and fighting operations to compromise security or disturb order from service business engaging in production and assembling of fire prevention and fighting equipment or technical fire prevention and fighting inspection consultancy, they shall be handled at the request of the competent authority.".
Article 2. Amendments to clauses 1, 3 and 4 of Article 5 of Circular No. 150/2020/TT-BCA dated December 31, 2020 of the Minister of Public Security on provision of fire prevention and fighting and rescue equipment to neighborhood watches, internal firefighting forces and specialized firefighting forces (hereinafter referred to as Circular No. 150/2020/TT-BCA")
1. Amendments to clause 1:
“1. The list, the quantity of fire prevention and fighting and rescue equipment for neighborhood watches, internal firefighting forces and specialized firefighting forces are prescribed in Appendices II and III issued together with this Circular.”.
2. Amendments to clause 3:
“3. Based on characteristics of business operations and requirements for fire prevention and fighting and rescue operations of facilities under their management, heads of supervisory bodies of facilities shall consider and decide quantities of fire prevention and fighting and rescue equipment provided for internal firefighting forces and specialized firefighting forces according to regulations in Appendix II and Appendix III enclosed therewith, and consider and decide to provide specific equipment for titles of neighborhood watches, internal firefighting forces and specialized firefighting forces while they are on duty.”.
3. Amendments to clause 4:
“4. Besides the lists of fire prevention and fighting and rescue equipment provided for internal firefighting forces and specialized firefighting forces included in Appendix II and Appendix III enclosed with this Circular, based on characteristics and levels of fire and explosion hazards faced by facilities under their management and funding capacity, heads of supervisory bodies of facilities may decide to provide other necessary fire prevention and fighting and rescue equipment mentioned in Appendix VI enclosed with Decree No. 50/2024/ND-CP for internal firefighting forces and specialized firefighting forces under their management.”.
1. Amendments to clause 1 of Article 6:
"1. Subjects of training:
a) Heads of departments, leaders of teams, officials responsible for appraisal of fire safety design and commissioning;
b) Heads of departments, leaders of teams, officials designated to be responsible for appraisal of fire safety design and commissioning.”.
2. Amendments to clause 1 of Article 7:
“1. First examination for leaders of teams, officials satisfying requirements as prescribed in clauses 1 and 3 of Article 3 of Circular No. 82/2021/TT-BCA that are trained in accordance with Article 6 of Circular No. 82/2021/TT-BCA.".
1. Amendments to Article 1:
“Article 1. Scope
This Circular provides procedures for performing fire prevention and fighting and rescue operations implemented by officers and non-commissioned officers of People’s Public Security, including: Appraise fire safety designs, inspect results of fire safety commissioning; issue Certificate of fire prevention and fighting equipment inspection; issue and re-issue Certificate of training in fire prevention and fighting, rescue; issue, replace and re-issue Practitioner certificate in fire prevention and fighting consultancy, Certificate of eligibility for fire prevention and fighting service business; issue License to transport goods posing fire and explosion hazards by road motor vehicles, by inland waterways and by railways; approve facility’s firefighting plans; restore operations of facilities, motor vehicles, households and individuals; impose administrative sanctions related to fire prevention and fighting, rescue; enforce decisions on administrative sanctions related to fire prevention and fighting, rescue.".
2. Amendments to clauses 1, 3 and 4 of Article 5:
Amendments to clause 1:
“1. The application and the receipt and processing of application for appraisal for fire safety design shall comply with Clauses 4, 6, 7 and 8 of Article 13 of Decree No. 136/2020/ND-CP , which are amended by Point c of Clause 5 of Article 1, Clauses 1, 2, 3 and 5 of Article 4, Point d of Clause 1 of Article 5 of Decree No. 50/2024/ND-CP .
If the application for appraisal of fire safety design is not within the jurisdiction, the officer receiving the application will record the information on the form of refusal to process documents using Form No. 03 attached to Circular 01/2018/TT-VPCP dated November 23, 2018 of the Government Office guiding Decree 61/2018/NĐ-CP dated April 23, 2018, of the Government on implementation of single-window system and interlinked single-window system for handling administrative procedures (hereinafter referred to as “Circular 01/2018/TT-VPCP”) or send notification via email or text message for online application, and return the application to agencies, organizations, or individuals.
b) Amendments to clause 3:
b) Heads, leaders of units, divisions that are assigned tasks of appraisal of fire safety design shall assign officers to handle applications using Form of control of processing of documents attached to Circular No. 06/2022/TT-BCA or on Public service portal of the Ministry of Public Security.”.
c) Amendments to clause 4:
The officer assigned to handle application shall study and cross-reference the received applications in accordance with point c of clause 5 of Article 1 of Decree 50/2024/ND-CP and laws, standards, and technical regulations on fire prevention and firefighting, and carry out the following steps:
a) Prepare a draft certificate of fire safety design appraisal or fire safety design appraisal document, a written notification of fee for safety design appraisal (if any), and report to their supervisory leaders and heads for submission of documents for approval and signature of competent person directly in charge of management for applications satisfying the requirements. The components of the application are specified in points a, b, c, d, e, and g of Section 1 of Appendix I attached to this Circular; for online applications, the components are specified in points b, c, d, and e of Section 1 of Appendix I attached to this Circular.
Cases of rejection of application: Draft a written response, stating the reasons, and report to their commanding officers for submission of document for approval and signature of competent person directly in charge of management. The components of the application are specified in points a, b, c, e, and g of Section 1 of Appendix I attached to this Circular; for online applications, the components are specified in points b, c, and e of Section 1 of Appendix I attached to this Circular.
b) After the certificate of fire safety design appraisal or fire safety design appraisal document has been approved and signed, obtain proceed to issue a document number, affix seal to the document in accordance with law, affix the seal of fire safety design appraisal on the application using Form PC08 as prescribed in point d, clause 5, Article 1 of Decree 50/2024/ND-CP .
c) Hand over the certificate of fire safety design appraisal or fire safety design appraisal document along with the application bearing the seal of fire safety design appraisal and written notification of fee for safety design appraisal (if any) or the written response accompanying the previously submitted application to the Document response divisions.”.
3. Amendments to clauses 1, 3 and 4 of Article 6:
Amendments to clause 1:
“1. The application and the receipt and processing of application for appraisal for fire safety commissioning shall comply with Clauses 2, 4, 5 and 6 of Article 15 of Decree No. 136/2020/ND-CP , which are amended by Clause 7 of Article 1, Clauses 1, 3 of Article 4 of Decree No. 50/2024/ND-CP .
If the application for appraisal of fire safety commissioning is not within the jurisdiction, the officer receiving the application will record the information on the form of refusal to process documents using Form No. 03 attached to Circular 01/2018/TT-VPCP or send notification via email or text message for online application, and return the application to agencies, organizations, or individuals.”.
b) Amendments to clause 3:
b) Heads, leaders of units, and divisions that are assigned tasks of inspecting the fire safety commissioning results shall assign officers to carry out tasks using Form of control of processing of documents attached to Circular No. 06/2022/TT-BCA or on Public service portal of the Ministry of Public Security.”.
c) Amendments to clause 4:
“4. Officers responsible for handling applications shall:
a) Propose the content, time, composition of the inspection team, draft the plan for inspecting fire safety commissioning results; draft the written notification for the investor, vehicle owner, and relevant units; report to their commanding officers for submission for approval and signature of the competent person directly in charge of management; and notify the investor, vehicle owner, and relevant agencies and units;
b) During the inspection fire safety commissioning results, officers shall carry out various tasks including: Introducing the inspection team members, informing about the content and inspection plan related to the fire safety of the works, and motor vehicles with special requirements for fire safety; conducting the inspection of fire safety commissioning results in accordance with Article 3 of Decree No. 136/2020/ND-CP and approving the inspection content as per Form PC10 in Appendix IX attached to Decree No. 50/2024/ND-CP ;
c) Draft the written approval of fire safety commissioning results based on the inspection report on commissioning results, and report to their commanding officers for submission of document for approval and signature of competent person directly in charge of management for cases satisfying the requirements. The components of the application are specified in points a, b, c, d, and e of Section 2 of Appendix I attached to this Circular; for online applications, the components are specified in points b, c, and d of Section 2 of Appendix I attached to this Circular;
For application not satisfying the requirement, draft a written response stating the reasons, and report to their commanding officers for submission of document for approval and signature of competent person directly in charge of management. The components of the application are specified in points a, b, c, dd, and e of Section 2 of Appendix I attached to this Circular; for online applications, the components are specified in points b, c, and dd of Section 2 of Appendix I attached to this Circular;
d) After the certificate of fire safety design appraisal or fire safety design appraisal document has been approved and signed, proceed to issue a document number, affix seal to the document in accordance with law;
dd) Hand over the document approving the fire safety commissioning results or written response to Document response divisions.”.
4. Amendments to Article 7:
“Article 7. Issuance of the fire prevention and fighting equipment inspection certificate
1. “1. The application and the receipt and processing of application for issuance of fire prevention and fighting equipment inspection certificate shall comply with Clauses 5, 6, 7 and 8 of Article 38 of Decree No. 136/2020/ND-CP , which are amended by point b of Clause 13 of Article 1, Clauses 1, 2, 3 and 5 of Article 4, clause 1 of Article 5 of Decree No. 50/2024/ND-CP .
If the application for issuance of fire prevention and fighting equipment inspection certificate is not within the jurisdiction, the officer receiving the application will record the information on the form of refusal to process documents using Form No. 03 attached to Circular 01/2018/TT-VPCP or send notification via email or text message for online application, and return the application to agencies, organizations, or individuals.
2. After receiving the applications as per regulations, receiving officers shall prepare and record all of the information into Form of control of processing of documents attached to Circular No. 06/2022/TT-BCA, report to the competent person directly in charge of management for approval and signature, and then hand over the applications to the assigned unit or department for processing, except for online applications as stipulated in point b of Article 6 of Decree No. 136/2020/ND-CP , amended and supplemented in Article 3 and Article 5 of Decree No. 50/2024/ND-CP .
3. Heads, leaders of units, and divisions that are assigned with issuance fire prevention and fighting equipment inspection certificate shall assign officers to carry out tasks using Form of control of processing of documents attached to Circular No. 06/2022/TT-BCA or on Public service portal of the Ministry of Public Security.
4. Officers responsible for handling applications shall:
a) Verify the application components, legitimacy, and appropriateness of the documents of the application in accordance with point b of Article 13 of Decree No. 50/2024/ND-CP ;
b) Verify and compare the contents of record of fire prevention and fighting equipment inspection, commissioning results, and documents of the application with standards, technical regulations or fire safety requirements;
Draft fire prevention and fighting equipment inspection certificate using Form PC29 specified in Appendix IX attached to Decree No. 50/2024/ND-CP , written notification of costs of printing inspection stamps, and report to their commanding officers for submission of document for approval and signature of competent person directly in charge of management for cases satisfying the requirements. The components of the application are specified in points a, b, c, dd, and e of Section 3 of Appendix I attached to this Circular;
Cases of rejection of application: Draft a written response regarding settlement result of application for issuance of fire prevention and fighting equipment inspection certificate, and report to their commanding officers for submission of document for approval and signature of competent person directly in charge of management. The components of the application are specified in points a, b, c, d, and e of Section 3 of Appendix I attached to this Circular;
d) After the fire prevention and fighting equipment inspection certificate or the written response is approved and signed, proceed to issue a document number, affix seal to the document in accordance with law; notify in writing the agency or organization requesting the issuance of the equipment inspection certificate about the cooperation with relevant units to affix the inspection stamp on the equipment as per the issued equipment inspection certificate; and report to their commanding officers for submission of document for approval and signature of competent person directly in charge of management;
dd) Hand over the fire prevention and fighting equipment inspection certificate or written response of the settlement result of application for issuance of the equipment inspection certificate to the Document response divisions;
e) Cooperate with agency or organization responsible for issuing the Fire prevention and firefighting equipment inspection certificates and the relevant functional unit in affixing the inspection stamps on the fire prevention and firefighting equipments in accordance with law.
5. Prepare and store application for issuance of the fire prevention and fighting equipment inspection certificate in accordance with regulations on professional application of the People’s Public Security.”.
5. Amendments to clauses 1, points d, dd, e and g of clause 4, and clause 5 of Article 8:
a) Amendments to clause 1:
“1. The application and the receipt and processing of application for issuance of fire prevention and fighting equipment inspection certificate shall comply with Clauses 5, 7, 8, 9 and 10 of Article 33 of Decree No. 136/2020/ND-CP , which are amended by Point a of Clause 12 of Article 1, Point b of Clause 2 of Article 2, Clauses 1, 2, 3 and 5 of Article 4, Point d of Clause 1 of Article 5 of Decree No. 50/2024/ND-CP .
If the application for issuance, reissuance of Certificate of training in fire prevention and fighting, rescue is not within the jurisdiction, the officer receiving the application will record the information on the form of refusal to process documents using Form No. 03 attached to Circular 01/2018/TT-VPCP or send notification via email or text message for online application, and return the application to agencies, organizations, or individuals.”.
b) Amendments to points d, dd, e and g, Clause 4:
“d) For reissuance of Certificate of training in fire prevention and fighting, rescue: Compare information of the applicant with the application for training certificate that has been issued;
dd) Based on the verification results, assess results, compare applications, and draft Certificate of training in fire prevention and fighting, rescue aligned with the application using Form No. PC35 specified in Appendix IX attached to Decree No. 50/2024/ND-CP , report to their commanding officers for submission for approval and signature of the competent person directly in charge of management. The components of the application are specified in points a, b, c, d, e and g of Section 4 of Appendix I attached to this Circular;
Cases of rejection of application: Draft a written response, stating the reasons, and report to their commanding officers for submission of document for approval and signature of competent person directly in charge of management. The components of the application are specified in points a, b, c, dd, e and g of Section 4 of Appendix I attached to this Circular;
d) After the Certificate of training in fire prevention and fighting, rescue or written response has been approved and signed, proceed to issue a document number, affix seal to the document in accordance with law;
g) Hand over the Certificate of training in fire prevention and fighting, rescue or written response to Document response divisions.".
c) Amendments to clause 5:
“5. Prepare and store application for issuance of the Certificate of training in fire prevention and fighting, rescue in accordance with regulations on professional application of the People’s Public Security.”.
6. Amendments to clauses 1 and 4 of Article 9:
a) Amendments to clause 1:
“1. The application and the receipt and processing of application for issuance of practitioner certificate in fire prevention and fighting consultancy comply with Clauses 1, 2, 4, 5, 6, 7, and 8 of Article 33 of Decree No. 136/2020/ND-CP , which are amended by Points a and b of Clause 16 of Article 1, Point c and d of Clause 1 of Article 5 of Decree No. 50/2024/ND-CP".
b) Amendments to clause 4:
“4. The officer assigned to handle application shall study and compare the received applications with clause 3 of Article 43 of Decree No. 136/2020/ND-CP which are amended by point a of clause 15 of Article 1 of Decree No. 50/2024/ND-CP , and carry out the following steps:
a) Draft practitioner certificate in fire prevention and fighting consultancy using Form PC32 specified in Appendix IX attached to Decree No. 50/2024/ND-CP , report to their commanding officers for submission of document for approval and signature of competent person directly in charge of management for cases satisfying the requirements. The components of the application are specified in points a, b, c, d, and e of Section 5 of Appendix I attached to this Circular;
Cases of rejection of application: Draft a written response stating the reasons, and report to their commanding officers for submission of document for approval and signature of competent person directly in charge of management. The components of the application are specified in points a, b, c, dd, and e of Section 5 of Appendix I attached to this Circular;
d) After the practitioner certificate in fire prevention and fighting consultancy or the written response has been approved and signed, proceed to issue a document number, affix seal to the document in accordance with law;
c) Hand over the practitioner certificate in fire prevention and fighting consultancy or the written response to Document response divisions.”.
7. Amendments to clauses 1 and 4 of Article 10:
a) Amendments to clause 1:
“1. The application and the receipt and processing of application for issuance, replacement, reissuance of Certificate of eligibility for fire prevention and fighting service business comply with Clauses 1, 2, 3, 4, 5, 6, 7, 8 and 9 of Article 45 of Decree No. 136/2020/ND-CP , which are amended by Points a, b, c, d and dd of Clause 17 of Article 1, Point c and d of Clause 1 of Article 5 of Decree No. 50/2024/ND-CP .”
b) Amendments to clause 4:
“4. The officer assigned to handle application shall study and compare the received applications with Article 41 of Decree No. 136/2020/ND-GOVERNMENT, Clause 14 of Article 1 of Decree No. 50/2024/ND-CP , and carry out the following steps:
a) Draft Certificate of eligibility for fire prevention and fighting service business using Form No. PC34 specified in Appendix IX attached to Decree No. 50/2024/ND-CP , report to their commanding officers for submission of document for approval and signature of competent person directly in charge of management for cases satisfying the requirements. The components of the application are specified in points a, b, c, d, and e of Section 6 of Appendix I attached to this Circular;
Cases of rejection of application: Draft a written response stating the reasons, and report to their commanding officers for submission of document for approval and signature of competent person directly in charge of management. The components of the application are specified in points a, b, c, dd, and e of Section 6 of Appendix I attached to this Circular;
d) After the Certificate of eligibility for fire prevention and fighting service business or the written response has been approved and signed, proceed to issue a document number, affix seal to the document in accordance with law;
c) Hand over the Certificate of eligibility for fire prevention and fighting service business or the written response to Document response divisions.”.
8. Amendments to clause 1, points a and b of clause 4 of Article 11:
a) Amendments to clause 1:
“1. The application and the receipt and processing of application for issuance of License to transport goods posing fire and explosion hazards shall comply with Clauses 1, 2, 3, 4 and 5 of Article 15 of Decree No. 136/2020/ND-CP and Clause 2 of Article 18 of Decree No. 34/2024/ND-CP dated March 31, 2024 of the Government stipulating the on list of dangerous goods, transport of dangerous goods by road motor vehicles and inland watercraft (hereinafter referred to as “Decree No. 34/2024/ND-CP").
If the application for issuance of License to transport goods posing fire and explosion hazards by road motor vehicles, by inland waterways and by railways is not within the jurisdiction, the officer receiving the application will record the information on the form of refusal to process documents using Form No. 03 attached to Circular 01/2018/TT-VPCP or send notification via email or text message for online application, and return the application to agencies, organizations, or individuals.”.
b) Amendments to points a, b and d of clause 4:
“a) Verify the application components and contents of the documents in the application for issuance of License to transport goods posing fire and explosion hazards by road motor vehicles, by inland waterways specified in Clause 2, Article 18 of Decree No. 34/2024/ND-CP and the application for issuance of License to transport goods posing fire and explosion hazards by railway specified in Clause 2, Article 9 of Decree No. 136/2020/ND-CP , which is amended by Point a of Clause 1 of Article 5 of Decree No. 50/2024/ND-CP ;
a) Propose the content, time, composition of the inspection team (if any); draft the inspection, written notification; report to their commanding officers for submission for approval and signature of the competent person directly in charge of management; and send the documents to units applying for issuance of License to transport goods posing fire and explosion hazards. In the case of authorizing a subordinate police agency, unit to conduct an inspection of fire safety conditions for means of transport, the draft inspection plan and inspection notification must specifically state the information and send them to the lower-level police agency or unit for implementation;
Implement the regulations of Clause 7 of Article 9 of Decree No. 136/2020/ND-CP to organize inspections of fire safety conditions for means of transport in accordance with Clause 3 of Article 8 of Decree No. 136/2020/ND-CP ;
Competent authority issuing License to transport goods posing fire and explosion hazards specified in clause 8 of Article 9 Decree No. 136/2020/ND-CP may, based on the practical conditions, authority, requirements, and assurance conditions, authorize subordinate police agencies, units to conduct inspection of fire safety conditions for means of transport in accordance with clause 3 of Article 8 of Decree No. 136/2020/ND-CP and send the inspection results to the competent authority for review and issuance of License to transport goods posing fire and explosion hazards in accordance with law;
b) Based on the results of the document verification and inspection of fire safety conditions for means of transports of goods posing fire and explosion hazards, draft the License to transport goods posing fire and explosion hazards in accordance with Form PC05 and prepare signage of goods posing fire and explosion hazards in accordance with Form PC01 in Appendix IX attached to Decree No. 50/2024/NĐ-CP; report to their commanding officers for submission for approval and signature of the competent person directly in charge of management for cases satisfying the requirements. The components of the application are specified in points a, b, c, d, dd, e and h of Section 7 of Appendix I attached to this Circular;
Cases of rejection of application: Draft a written response stating the reasons, and report to their commanding officers for submission of document for approval and signature of competent person directly in charge of management. The components of the application are specified in points a, b, c, d, dd, g and h of Section 7 of Appendix I attached to this Circular.”.
9. Amendments to clauses 1 and 4 of Article 12:
a) Amendments to clause 1:
“1. The application and the receipt and processing of application for approval of facility’s firefighting plans shall comply with Clauses 4, 5, 6, 7 and 8 of Article 19 of Decree No. 136/2020/ND-CP , which are amended by point b of Clauses 11 of Article 1 of Decree No. 50/2024/ND-CP.
If the application for issuance approval of facility’s firefighting plans is not within the jurisdiction, the officer or soldier receiving the application will record the information on the form of refusal to process documents using Form No. 03 attached to Circular 01/2018/TT-VPCP or send notification via email or text message for online application, and return the application to agencies, organizations, or individuals.”.
b) Amendments to clause 4:
“4. Officers responsible for handling applications shall:
a) Determine the appropriateness of the contents of facility’s firefighting plans that apply for approval with the contents specified in Form No. PC17 of Appendix IX attached to Decree No. 50/2024/ND-CP ;
b) Prepare a comparison table to check and assess the contents of the fire fighting plan against the requirements and instructions on filling out the fire fighting plan in Form PC17 in Appendix IX issued with Decree No. 50/2024/ND-CP ;
c) Based on the results of verification and assessment of the application for approval of fire fighting plan, report to their commanding officers for approval of competent person directly in charge of management for cases satisfying the requirements. The components of the application are specified in points a, b, c and dd of Section 8 of Appendix I attached to this Circular;
Cases of rejection of application: Draft a written response stating the reasons, and report to their commanding officers for submission of document for approval and signature of competent person directly in charge of management. The components of the application are specified in points a, b, c, d, and dd of Section 8 of Appendix I attached to this Circular;
d) After the facility’s firefighting plans or the written response has been approved and signed, proceed to issue a document number, affix seal to the document in accordance with law;
c) Hand over the facility’s firefighting plans or the written response to Document response divisions.”.
Article 5. Appendices attached to this Circular
1. Appendix I: List of documents included in applications related to fire prevention, fire fighting, and rescue in the People's Public Security.
2. Appendix II: List and quantity of fire prevention and fighting and rescue equipment for 01 internal firefighting team.
3. Appendix III: List and quantity of fire prevention and fighting and rescue equipment for 01 specialized firefighting team.
1. The phrase “an toàn” ("safety") is removed from the phrase “Thực hiện kiểm tra an toàn” ("Conduct safety inspection") specified in clause 1 of Article 5 of Circular No. 141/2020/TT-BCA.
2. Appendix II and Appendix III issued with Circular No. 150/2020/TT-BCA are annulled.
3. Point c of Clause 1 of Article 6 of Circular No. 82/2021/TT-BCA is annulled.
4. Clause 2 of Article 13 and sections 1, 2, 3, 4, 5, 6, 7, 8 of the Appendix on the List of documents included in applications related to fire prevention, fire fighting, rescue in the People's Public Security attached to Circular No. 06/2022/TT-BCA.
5. The phrase “hoặc quý hoặc năm” (", quarterly or annually") is added after the phrase “được lập theo tháng” ("prepared monthly") specified in clause 2 of Article 9 of Circular No. 141/2020/TT-BCA.
6. The phrase “và bàn giao hồ sơ đến đơn vị, bộ phận được giao giải quyết” (“and handover the application to the handling units, divisions” is replaced with the phrase “và bàn giao hồ sơ đến đơn vị, bộ phận được giao giải quyết, trừ trường hợp nộp hồ sơ trực tuyến” (“and handover the application to the handling units, divisions, except for online application” specified in clause 2 of Articles 5, 6, 8, 9, 10, 11 and 12 of Circular No. 06/2022/TT-BCA.
7. The phrase “phương án chữa cháy của cơ sở” (“firefighting plans for a facility”) is replaced with “phương án chữa cháy cơ sở” (“facility’s firefighting plans”) specified in Article 12 of Circular No. 06/2022/TT-BCA.
8. The phrase “Appendix VI attached to Decree No. 136/2020/ND-CP dated November 24, 2020 of the Government providing guidance on a number of Articles of Law on Fire Prevention and Fighting and Law on Amendments to Law on Fire Prevention and Fighting (hereinafter referred to as “Decree No. 136/2020/ND-CP") specified in clause 2 of Article 4 of Circular No. 150/TT-BCA is replaced with the phrase “Appendix VI attached to Decree No. 50/2020/ND-CP”.
This Circular comes into force from December 16, 2024.
Article 8. Responsibility for implementation
1. Director General of Fire and Rescue Police Department shall take charge, inspect and urge the implementation of this Circular.
2. Heads of entities affiliated to ministerial agencies, Directors of police authorities of provinces and central-affiliated cities, and relevant agencies, organizations, and individuals are responsible for the implementation of this Circular.
Difficulties that arise during implementation of this Circular should be reported to Ministry of Public Security for timely guidance (via Fire and Rescue Police Department)./.
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