Công văn 2685/BCA-V03 năm 2018 về xử lý 03 phản ánh, kiến nghị của cá nhân, tổ chức liên quan đến lĩnh vực phòng cháy, chữa cháy do Bộ Công an ban hành

To the Government’s Office,

On September 14, 2018, the Government’s Office issued the Official Dispatches No. 8867/VPCP-DMDN, 8869/VPCP-DMDN and 8876/VPCP-DMDN to direct the Ministry of Public Security to study, consider and respond to 03 queries concerning fire fighting and prevention activities from individuals and organizations. Followings are responses from the Ministry of Public Security to these queries:

As regards the query from Mr. Hoang Xuan Quang - TUV RHEINLAND Vietnam Ltd., Co. (the office address: Suite No. 805-806, 106 Nguyen Van Troi street, Ward 8, Phu Nhuan district, Ho Chi Minh city) relating to capabilities of persons charged with checking and maintaining automatic fire alarm and firefighting systems.

Clause 1 of Article 34 in the Government’s Decree No. 79/2014/ND-CP dated July 31, 2014 elaborating on implementation of certain articles of the Law on Fire Prevention and Fighting, and the Law on Amendments and Supplements to the Law on Fire Prevention and Fighting, prescribes that:

“1. Officials and members of militia teams and intramural and professional firefighting teams shall be provided with training and fresher courses in fire safety operations as follows:

a) Legal knowledge and fire safety knowledge that are suitable for specific participants.

b) Methods of propagation and raising the public awareness of fire safety.

c) Fire prevention solutions.

d) Methods of formulation and implementation of firefighting plans, measures, tactics and techniques.

dd) Methods for safe storage and usage of firefighting equipment.

e) Fire safety inspection methods”.

As provided by these regulations, the company’s employees who have already completed fire safety training under the provisions of Article 34 in the Government’s Decree No. 79/2014/ND-CP may be allowed to maintain fire extinguishers, inspect and maintain automatic fire alarm and firefighting systems; However, the company must provide them with all technical equipment necessary to carry out the inspection and maintenance of these fire safety equipment and systems, and must bear responsibility for the quality of inspection and maintenance of fire safety equipment.   The Ministry of Public Security advises that the company should assign staff members who have proper qualifications, knowledge and understanding of fire safety equipment available at the company to participate in fire prevention and fighting training.  

As regards the query from Joint-stock Company of Institute for Urban and Rural Planning of Quang Nam (the office address: 10 Tran Quy Cap street, Tam Ky city, Quang Nam province) about fire safety qualifications

- Pursuant to Article 47 in the Government’s Decree No. 79/2014/ND-CP dated July 31, 2014 elaborating on implementation of certain articles of the Law on Fire Prevention and Fighting and the Law on Amendments and Supplements to the Law on Fire Prevention and Fighting sets forth the following provisions, such qualifications comprises: Bachelor Degrees in Fire Safety; Associate Degrees in Fire Safety; Intermediate Diplomas in Fire Safety; Certificates in Fire Safety.

- All degrees, diplomas and certificates in fire safety must be conferred by the President of the University of Fire Prevention and Fighting.

- The company should contact the University of Fire Prevention and Fighting to be informed of the time and venue for participation in training courses to achieve fire safety qualifications (the contact address: 243 Khuat Duy Tien street, Thanh Xuan district, Hanoi; the contact phone number: 0243.553.7511).

- Regarding certificates of completion of fire safety training, candidates and time length of training courses in fire safety to gain certificates of completion of fire safety training, which are prescribed in clause 1 of Article 16 and point a of clause 3 of Article 16 in the Circular No. 66/2014/TT-BCA dated December 16, 2014 of the Ministry of Public Security elaborating on implementation of certain articles of the Decree No. 79/2014/ND-CP dated July 31, 2014 providing details for implementation of certain articles of the Law on Fire Prevention and Fighting, and the Law on Amendments and Supplements to the Law on Fire Prevention and Fighting, shall be subject to the following specific regulations:

+ Candidates eligible for participation in fire safety training courses are persons holding titles as fire safety commanders as defined in clause 2 of Article 37 in the Law on Fire Prevention and Fighting; officials and members of militia teams, intramural and professional firefighting teams; persons facing fire and explosive risks in the workplace or regularly having contact with hazardous substances and goods posing fire and explosive risks; persons in command of vessels, trains and airplanes, or persons working aboard road vehicles of at least 30 seats or aboard vehicles transporting hazardous substances and goods posing fire and explosive risks; persons working at businesses specialized in production and trading of fire safety equipment; other persons wishing to be trained in fire safety.

+ Time length of the initial fire safety training course: From 16 hours to 24 hours.

This means that certificates of completion of fire safety training are not a basis for conferral of certificates of fire safety consultancy practicing and certificates of conformity with fire safety service business requirements.

- According to provisions of laws, the head or legal representative of a company must obtain a degree, diploma in fire safety or a certificate of completion of fire safety training. If the company wishes to give authorization to the Deputy Director General, the company must register him/her as the legal representative in the Business Registration Certificate.

As regards the query from Mr. Pham Khanh Vuong – Viet Anh Security and Electronic Equipment Company (the office address: Suite 1607, 16th Floor, Building No. 101 Lang Ha street, Dong Da district, Hanoi) as to the Certificate of competency in construction. 

After obtaining the certificate of conformity with fire safety business requirements, the company has been recognized to comply with requirements for competency in installation of fire safety systems as per laws (as provided in the Government's Decree No. 79/2014/ND-CP dated July 31, 2014 elaborating on implementation of certain articles of the Law on Fire Prevention and Fighting and the Law on Amendments and Supplements to the Law on Fire Prevention and Fighting).

Regarding other construction activities, as provided by laws, in order to be licensed to carry out these activities, organizations and individuals shall have to ensure conformity with construction competency requirements. Hence, for this issue, you should contact the Ministry of Construction for detailed instructions. 

Above are responses to 03 queries concerning the fire prevention and fighting sector from organizations and individuals under the authority of the Ministry of Public Security. This is sent to the Government's Office for its information./. 

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This document is handled by Dữ Liệu Pháp Luật . Document reference purposes only. Any comments, please send to email: [email protected]