Article 13 chapter 1 of Decree 136 2020, Regulations on design and evaluation of fire prevention and fighting records

10/01/2023

Works subject to approval fire prevention and fighting ✔️  List of documents, application for approval, fire prevention and fighting  Certificate of comparison, approval, fire prevention and fighting  Certificate, approval, design of fire prevention and fighting Appraisal and supplement of fire prevention and fighting Sample Application for approval Firefighting Regulations on approval Firefighting written request for consideration and comments on prevention solutions

1. Construction planning, design of new construction, renovation or change in the nature of use of projects, works, and design of motor vehicles with special requirements to ensure fire prevention and fighting safety Fire when newly built or converted from all investment capital sources must comply with regulations, standards and standards on fire prevention and fighting. The preparation of planning projects, construction design documents of projects, works, and motor vehicles specified in Appendix V issued with this Decree must be carried out by qualified units according to regulations. existing and must have fire prevention and fighting designs approved.

2. Fire prevention and fighting design approval means the competent authority checks and compares solutions and design contents of projects, works, and motor vehicles with special requirements. ensure fire prevention and fighting safety with regulations, standards, regulations of Vietnamese law related to fire prevention and fighting or foreign standards, international standards on fire prevention and fighting allowed to be applied in Vietnam according to the order and procedures prescribed by law.

Điều 13 chương 1 nghị định 136/2020, Quy định thiết kế và thẩm duyệt hồ sơ phòng cháy và chữa cháy

Bản vẽ hồ sơ thẩm duyệt

The results of fire prevention and fighting design approval are one of the bases for reviewing and approving planning, approving projects, appraising construction designs and issuing construction permits.

3. Subjects subject to design approval for fire prevention and fighting:

a) Construction planning project or adjustment of urban construction planning, economic zones, industrial parks, industrial clusters, export processing zones, high-tech zones and other functional areas according to the Planning Law;

b) Projects and works specified in Appendix V issued with this Decree when newly constructed, renovated or changed in nature of use affects one of the fire prevention and fighting safety requirements. specified in Point b, Clause 5 of this Article;

c) Motor vehicles with special requirements to ensure fire prevention and fighting safety specified in Section 21, Appendix V issued with this Decree when newly manufactured or converted affecting one of the following: fire prevention and fighting safety requirements specified in Point c, Clause 5 of this Article.

4. Documents requesting approval for fire prevention and fighting designs:

a) For construction planning projects: Written request for review and comments on fire prevention and fighting solutions of the planning agency or organization (Form No. PC06); Detailed planning documents and drawings at a scale of 1/2000 for industrial parks with a scale of over 20 hectares, a scale of 1/500 for the remaining cases showing the requirements for fire prevention solutions and fire fighting specified in Clauses 1, 2, 3 and 4, Article 10 of this Decree;

b) For approval of construction locations before designing independent works with fire and explosion hazards specified in Sections 15 and 16, Appendix V issued with this Decree (except for gas stations). internal oil and gas use facilities): Written request for approval of construction location for fire prevention and fighting of the investor (Form No. PC06), in case the investor authorizes another unit, then must have a written authorization according to the provisions of law; Certificate of land use rights or document proving legal land use rights for projects and works; Drawings and documents clearly showing the current topographical status of the land related to fire prevention and fighting, such as the fire resistance level of the structure, distance from the proposed construction to surrounding structures, and wind direction. , construction elevation;

c) For basic designs of projects and works: Written request for review and comments on the investor's fire prevention and fighting solutions (Form No. PC06), in case the investor authorizes For another unit, there must be a written authorization according to the provisions of law; Decision approving construction investment policies for projects using public investment capital; Document approving construction investment policy (if any) or Investment registration certificate (if any) or Certificate of land use rights or document proving legal land use rights for the project, works using other capital; Certificate of eligibility to provide fire prevention and fighting services from the fire prevention and fighting design consulting unit; basic design drawings and explanations showing the requirements for fire prevention and fighting solutions specified in Article 11 of this Decree; d) For technical design or construction drawing design of projects and works: Written request for approval of fire prevention and fighting design of the investor (Form No. PC06), in case the investor To authorize another unit, there must be a written authorization according to the provisions of law; Written comments on the basic design of fire prevention and fighting from the Fire Prevention and Fighting Police agency (if any); Decision approving construction investment policies for projects using public investment capital; Document approving construction investment policy (if any) or Investment registration certificate (if any) or Certificate of land use rights or document proving legal land use rights for the project, works using other capital; Certificate of eligibility to provide fire prevention and fighting services from the fire prevention and fighting design consulting unit; project construction estimates; Drawings and explanations of technical designs or construction drawing designs showing the requirements for fire prevention and fighting specified in Article 11 of this Decree; copy of the design approval certificate, design approval document, drawings stamped with fire prevention and fighting approval stamp (for renovation and adjustment design documents); Construction design appraisal document from a specialized construction agency (if any);

d) For technical designs of motor vehicles with special requirements to ensure fire prevention and fighting safety: Written request for approval of fire prevention and fighting designs from the investor or owner. vehicle (Form No. PC06), in case the investor or vehicle owner authorizes another unit, there must be a written authorization according to the provisions of law; Certificate of eligibility to provide fire prevention and fighting services from the fire prevention and fighting design consulting unit; Estimated total vehicle investment; Drawings and technical design descriptions showing the requirements for fire prevention and fighting specified in Points b and c, Clause 1, Points b, c, d and Point e, Clause 3, Article 8 of this Decree ;

e) Documents and papers included in the file are originals or notarized or authenticated copies, or copies or photocopies attached to the original for the officer receiving the file to compare. Drawings and design explanations must be certified by the investor or vehicle owner. If documents are in a foreign language, there must be a Vietnamese translation and the investor and vehicle owner must be responsible for the content of that translation.

5. Content of design approval for fire prevention and fighting:

a) For planning projects, it is necessary to consider and compare the conformity of the project with the provisions of Clauses 1, 2, 3 and 4, Article 10 of this Decree;

b) For projects and works, it is necessary to consider and compare the conformity of the design with current regulations according to the following contents: List of regulations and standards on fire prevention and fighting, documents techniques, technical instructions and technology applied to project design; roads for fire engines, safe distance for fire prevention and fighting from surrounding structures; fire water system; Fire resistance level, fire hazard class and functional arrangement of the building related to fire prevention and fighting; Fire prevention and fire spread solutions; anti-smoke solutions; escape solutions; rescue solutions and rescue support; lightning protection and anti-static plans; Power supply solutions for fire prevention and fighting systems and other technical systems related to fire prevention and fighting; fire alarm system, fire fighting and fire fighting equipment of the project;

c) For motor vehicles with special requirements to ensure fire prevention and fighting safety: Solutions to ensure fire prevention and fighting safety for the nature of operation and fire hazard characteristics , vehicle explosion; conditions for preventing fire, preventing fire spread, escaping, and rescuing people when a fire occurs; solutions to ensure fire prevention and fighting safety for electrical systems, fuel systems and engines; fire alarm systems, fire extinguishers and other fire fighting equipment; systems and equipment to detect and handle leaks of gases and liquids dangerous to fire and explosion;

d) For works that have been accepted and put into use according to regulations, when installing new or renovating fire prevention and fighting systems and equipment, only the fire prevention and fighting design will be approved for part of the project. New installation or renovation of fire prevention and fighting systems and equipment in buildings.

6. Agencies, organizations and individuals submit 01 set of documents specified in Clause 4 of this Article to the competent authority specified in Clause 12 of this Article in one of the following forms:

a) Directly at the One-Stop Department of the competent authority;

b) Online at the Public Service portal of the competent authority (for documents and papers on the list of state secrets, comply with the provisions of law on protection of state secrets); c) Through public postal services, through hiring services from businesses, individuals or through authorization according to the provisions of law. 7. The officer receiving the dossier is responsible for checking the composition and validity of the dossier and complying with the following regulations: a) In case the dossier is complete and valid as prescribed in Clause 4 of this Article, receive and record information in the Receipt Form for handling administrative procedures on fire prevention and fighting (Form No. PC03); b) In case the dossier is incomplete or not valid according to the provisions of Clause 4 of this Article, instructions on completing the dossier according to regulations and recording information in the Instruction Form for supplementing dossiers requesting resolution of the procedure shall be provided. Administrative procedures on fire prevention and fighting (Form No. PC04). 8. Notification of application processing results: a) In case of submitting the application directly to the One-Stop Department of the competent authority, the officer receiving the application must directly hand over 01 copy of the Receipt of settlement of administrative procedures on fire prevention and fighting or Instructions on supplementing the dossier requesting settlement of administrative procedures on fire prevention and fighting for the person submitting the dossier and keeping 01 copy; b) In case of submitting the application through the Public Service portal of the competent authority, the receiving officer will send a notification via email or phone message about the receipt or instructions for supplementing the application to the agency or organization. Organizations and individuals who have submitted applications;

c) In case the application is submitted via public postal service, through hiring a service from a business or individual or through authorization according to the provisions of law, the officer receiving the application must send 01 copy of the Award Receipt Form. Resolve administrative procedures on fire prevention and fighting or Instruction sheet to supplement dossiers requesting settlement of administrative procedures on fire prevention and fighting for agencies, organizations and individuals that have previously submitted and archived dossiers. 01 copy;

d) In case the dossier does not meet the conditions (the project or construction is not subject to fire prevention and fighting design approval as prescribed in Appendix V issued with this Decree or is not subject to approval authority). fire prevention and fighting design specified in Clause 12 of this Article), there must be a written response to the agency, organization or individual within the time limit specified in Clause 10 of this Article regarding refusal to process the dossier. The competent authority responds to the agency, organization or individual in a form corresponding to the form in which the agency, organization or individual previously submitted the application.

9. The person sent by the agency or organization to submit the application must have a letter of introduction or authorization, present a valid Citizen Identification card or ID card or Passport. 10. Time limit for approving fire prevention and fighting designs: Judgment term

Điều 13 chương 1 nghị định 136/2020, Quy định thiết kế và thẩm duyệt hồ sơ phòng cháy và chữa cháy

Bản vẽ hệ thống báo cháy

13. Projects and works not on the list specified in Appendix V issued with this Decree, when newly built, renovated or changed in nature of use, must still be designed to ensure fire prevention and safety requirements. Fire fighting according to regulations and standards on fire prevention and fighting.

14. Fees for design approval for fire prevention and fighting are determined in the total investment of the project, construction and motor vehicle.

 

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