1. This Decree takes effect from January 10, 2021 and replaces Decree No. 79/2014/ND-CP dated July 31, 2014 of the Government detailing the implementation of a number of articles of the Law Fire prevention and fighting and the Law amending and supplementing a number of articles of the Law on Fire Prevention and Fighting (hereinafter referred to as Decree No. 79/2014/ND-CP).
2. When legal documents referenced in this Decree are amended, supplemented or replaced, the content referenced in this Decree will also be adjusted and implemented according to the amended legal documents. , supplement, replacement.
3. Resolve administrative procedures through public service portals:
a) In case the Public Service portal of the competent authority does not ensure the conditions for carrying out administrative procedures in the electronic environment, the submission of documents and notification of the results of document processing are carried out in the following form: directly at the One-Stop Department of the competent authority or through public postal services, through hiring services from businesses, individuals or through authorization according to the provisions of law;
b) Submit documents and notify the results of processing documents online when the Public Service Portal of the competent authority ensures the conditions for carrying out administrative procedures in the electronic environment, according to the provisions of the Government. Decree No. 45/2020/ND-CP dated April 8, 2020 of the Government on implementing administrative procedures in the electronic environment.
4. Transition provisions:
a) For projects and works on the list specified in Appendix IV, motor vehicles have special requirements for ensuring fire prevention and fighting safety specified in Clause 2, Article 10 of Decree No. 79/2014/ND-CP has been granted a Certificate of design approval for fire prevention and fighting but is not subject to regulations in Appendix V of this Decree, but still carries out construction and acceptance of fire prevention. and fire fighting according to the provisions of Articles 14 and 15 of this Decree;
b) For projects and works not on the list specified in Appendix IV of Decree No. 79/2014/ND-CP that have been appraised by the construction management agency, granted construction permits or have held construction construction, if subject to the provisions in Appendix V of this Decree, the investor continues construction, acceptance and is responsible for ensuring fire prevention and fighting safety for the project;
c) The facility's fire fighting plan has been developed according to Form No. PC 11 issued together with Circular No. 66/2014/TT-BCA dated December 16, 2014 of the Ministry of Public Security detailing the implementation of a number of Articles of Decree No. 79/2014/ND-CP (hereinafter referred to as Circular No. 66/2014/TT-BCA) and approved by competent authorities, if there is no change in the nature and characteristics of the hazard. risks of fire, explosion, toxicity and conditions related to fire fighting activities will continue to be used, without having to be re-developed and approved;
d) Agencies, organizations and individuals that have received dossiers requesting to handle the following procedures before this Decree takes effect will continue to implement according to the provisions of Decree No. 79/2014 /ND-CP: Issuing license to transport goods at risk of fire and explosion; Approve design, check acceptance results on fire prevention and fighting; approve the fire fighting plan; issue certificates of professional training in fire prevention and fighting; inspection of fire prevention and fighting equipment; Issue a practicing certificate of fire prevention and fighting consulting, certifying eligibility to provide fire prevention and fighting services;
e) License to transport goods at risk of fire and explosion; Certificate of approval for fire prevention and fighting, written approval for design of fire prevention and fighting; Acceptance documents on fire prevention and fighting; Fire prevention and fighting equipment inspection certificate; Certificate of consulting practice in fire prevention and fighting; Certificate of eligibility to provide fire prevention and fighting services; The certificate of training in knowledge of fire prevention and fighting that has been granted under the provisions of Decree No. 79/2014/ND-CP shall continue to be valid until the expiry date (if any) as prescribed;
f) Units that have been permitted by the Ministry of Public Security to carry out the inspection of fire prevention and fighting equipment shall continue to carry out the inspection according to Decree No. 79/2014/ND-CP, after 24 months from the date of Decree No. 79/2014/ND-CP. When this Decree comes into force, they must fully satisfy the conditions for conducting the inspection of fire prevention and fighting equipment according to this Decree. The stamp of inspection of fire prevention and fighting equipment is printed according to Form No. PC20 issued together with Circular No. 36/2018/TT-BCA dated December 5, 2018 of the Ministry of Public Security amending and supplementing a number of articles of this Circular. Circular No. 66/2014/TT-BCA and continue to implement until the Ministry of Public Security provides new regulations on stamps for inspection of fire prevention and fighting equipment.
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