Decree 136, Chapter 1 Article 17, Suspending the operation of establishments that fail to ensure fire safety

10/01/2023

Additional regulations on fire prevention and fighting at business and production facilities ✔️ ✅ Fire safety ✔️ ✅ Decree 136/2020

1. Cases of temporary suspension of operations:

 

Nghị định 136 chương 1 điều 17, Đình chỉ hoạt động của cơ sở không đảm bảo an toàn về PCCC

Don't be subjective with fire

a) In a fire or explosion-dangerous environment, a fire or heat source appears, or when there is a fire or heat source, a fire or explosion-dangerous environment appears (hereinafter referred to as the direct risk of fire or explosion). );

b) Serious violations of regulations on fire prevention and fighting that have been requested in writing by competent authorities to be remedied but not implemented, including: Illegal storage and use of fire-dangerous goods, explode; producing, trading, sanitizing, extracting, and loading goods at risk of fire or explosion without a license or at the wrong place; making the escape route ineffective and preventing the spread of fire, which when a fire or explosion occurs can cause serious damage to people and property;

c) Particularly serious violations of regulations on fire prevention and fighting: - Renovating or changing the nature of use of the facility, items belonging to the facility, converting motor vehicles with special requirements to ensure fire prevention and fighting safety specified in Appendix V of the board issued with this Decree affecting one of the fire prevention and fighting safety conditions specified in Point b and Point c, Clause 5, Article 13 of this Decree when there is no written approval of the fire prevention and fighting design. fire by a competent police agency; - Putting works, work items, and motor vehicles with special requirements for ensuring fire prevention and fighting safety specified in Appendix V issued with this Decree into operation and use. when there is no written approval of the fire prevention and fighting test results from the competent police agency. 2. Temporary suspension of operations is limited to the smallest scope and on the principle that the direct risk of fire or explosion appears in any scope or the scope of violation of fire prevention and fighting regulations. temporarily suspend operations in that area.

3. The period of temporary suspension of operations is determined based on the conditions, the ability to eliminate the risk of direct fire or explosion, and the ability to overcome violations of fire prevention and fighting but must not exceed 30 days. .

4. Facilities and motor vehicles with special requirements to ensure fire prevention and fighting safety, households and individual activities that are temporarily suspended as prescribed in Clause 1 of this Article have ended. If the suspension is not remedied within the temporary suspension period, or cannot be remedied, the operation shall be suspended. Suspension of operations can be carried out for each part or the entire facility, motor vehicles with special requirements to ensure fire prevention and fighting safety, households and activities of individuals. core. 5. The decision to suspend or suspend operations shall be made in writing; A temporary suspension decision may be issued orally for the case specified in Point a, Clause 1 of this Article, but the decision must then be expressed in writing.

Nghị định 136 chương 1 điều 17, Đình chỉ hoạt động của cơ sở không đảm bảo an toàn về PCCC

Kiểm tra hành chính PCCC cơ sở sản xuất

6. Order and procedures for temporary suspension of operations:

a) When detecting a case of temporary suspension of operation as prescribed in Clause 1 of this Article, the person on duty shall request the organization or individual to stop operating or terminate the violation act and comply with the request. following order:

- Make a record of determining the scope of direct risk of fire or explosion or violations of regulations on fire prevention and fighting;

- Make a decision or report to the person with authority to make a decision to temporarily suspend operations;

b) The decision to temporarily suspend operations must be made in writing (Form No. PC 13). In urgent cases, a decision to suspend the suspension can be made verbally and then must show the decision in writing. When making a decision to suspend verbally, you must clearly state your full name, position, work unit, scope and suspended activities;

- The person who issues the decision to temporarily suspend the operation is responsible for monitoring the remedial work and eliminating the direct risk of fire and explosion.

7. Procedures for suspension of operations:

a) At the end of the temporary suspension of operations, the competent person who has issued the decision to suspend previous operations is responsible for organizing inspections of facilities, motor vehicles, households and operations. of the temporarily suspended individual to consider the possibility of eliminating the direct risk of fire or explosion or overcoming violations of fire prevention and fighting regulations. The inspection must be recorded in writing (Form No. PC 10); b) At the end of the inspection, if it is deemed that the direct risk of fire or explosion has not been eliminated or the violation has not been remedied or cannot be remedied, the competent person shall issue a decision to temporarily suspend operations. Previously, consider and issue a decision to suspend the operations of establishments, motor vehicles, households, and individual activities (Form No. PC 14).

8. Authority to temporarily suspend or suspend operations:

a) The Minister of Public Security decides to temporarily suspend or suspend operations of departments, entire establishments, motor vehicles, households, and activities of individuals nationwide, except for the following cases: defense establishments operating for military purposes and motor vehicles with special requirements to ensure fire prevention and fighting safety that are manufactured or converted by defense establishments specifically for use in operations military;

b) The Chairman of the Commune People's Committee decides to temporarily suspend or suspend operations of departments, entire establishments, motor vehicles, households, and activities of individuals within the scope of responsibility. your manager. The Chairman of the People's Committee at district level or higher shall decide to temporarily suspend or suspend operations of departments, entire establishments, motor vehicles, households, and activities of individuals in the case of organizations. inspected according to the provisions of Point d, Clause 3, Article 16 of this Decree;

c) Director of the Fire Prevention, Fighting and Rescue Police Department, Director of the Provincial Police, Head of the Fire Prevention, Fighting and Rescue Police Department of the Provincial Police, Head of the Police At the district level, the Commune-level Police Chief shall, within the scope of his/her authority, decide to temporarily suspend or suspend operations of each department, entire facility, motor vehicle, household, and operation of the district-level police. individuals within the scope of their management responsibility, except for defense facilities operating for military purposes and motor vehicles with special requirements for ensuring fire safety and firefighting. defense facilities manufactured or converted specifically for military operations;

d) Police officers and soldiers are temporarily suspended from operations in the cases specified in Point a, Clause 1 of this Article and within the shortest time after suspension must report to the competent direct manager. The provisions at Point c of this Clause issue a decision to temporarily suspend.

9. The decision to temporarily suspend operations and the decision to suspend operations must be given to the subject of temporary suspension or suspension of operations and the direct supervisor of the subject of temporary suspension or suspension of operations. (if any), the People's Committee at the commune or district level where the subject whose operations are temporarily suspended or suspended is headquartered or resides; In case the temporarily suspended activities or suspended activities involve multiple subjects, each subject must be given a decision.

10. Measures to ensure implementation of decisions to temporarily suspend or suspend operations:

a) Heads of establishments, agencies, organizations, drivers or owners of motor vehicles, heads of households, and individuals who receive the decision to temporarily suspend or suspend operations must immediately comply with the decision. and is responsible for eliminating the risk of direct fire or explosion or overcoming violations of fire prevention and fighting regulations in the shortest time;

b) The competent authority shall issue a decision to temporarily suspend or suspend operations and publicly announce on websites and media about the temporary suspension or suspension of operations of establishments and means of transportation. Motor vehicles, households, and individuals do not ensure fire prevention and fighting safety until operations are restored. Publicly announced content includes violating organizations and individuals, violations, and handling methods.

 

Have 0 comment, evaluate about Decree 136, Chapter 1 Article 17, Suspending the operation of establishments that fail to ensure fire safety

TVAdministratorsAdministrators

Welcome, honored guests. Please leave a comment, we will respond soon

Reply.
Sender information
Comment
Click here to rate
Sender information
Product portfolio
Online support
0.11337 sec| 3724.781 kb