The fire prevention and fire fighting standards for the company personnel

One of the obligations that Vietnamese enterprises need to pay attention to is to comply with regulations on fire prevention and fire fighting (“FPFF“). Companies must ensure that their operating establishments are approved for fire prevention and fire fighting design, installation of fire fighting equipment is in accordance with Vietnamese technical regulations. Businesses should note that in addition to ensuring facilities meet technical standards, company owners must also ensure that the company’s staff must also meet fire prevention and fire fighting standards. So what are the fire prevention and fire fighting standards for the company personnel? 

1. Certificate of training in fire prevention and fighting operations

Pursuant to Article 33.1 Decree 136/2020/ND-CP, the personel of the organization that are required to participate in training and refresher courses on fire prevention and fighting operations include: 

  • The fire-fighting commander. If a fire occurs at an establishment but the fighting police force has not arrived yet, its head shall be the fire-fighting commander; in case of his/her absence, the head of the internal fire fighting force or the authorized person shall be the fire-fighting commander (Article 37.2 FPFF Law 2001); 
  • Members of the internal fire fighting force; 
  • Members of specialized firefighting force (if the law requires to establish such team); 
  • People working in an environment containing fire or explosion hazard or regularly coming into contact with goods posing fire or explosion hazard (Appendix II Decree 136/2020/ND-CP); 
  • Drivers and crewmembers of motor passengers vehicles with more than 29 seats and motor vehicles transporting goods posing fire or explosion hazard; 
  • People in charge of fire prevention and fighting in facilities that managed by commune People’s Committees on fire protection (Appendix IV Decree 136/2020/ND-CP);

When participating in training and fostering on fire prevention and fire fighting, the enterprise’s personnel will be trained in the following parts (Article 33.2 Decree 136/2020/ND-CP): 

  • Legal knowledge and knowledge about fire prevention and fighting suitable for each type of trainees;
  • Methods for communication and establishment of the all people’s fire prevention and fighting movement; 
  • Fire prevention measures; firefighting techniques, tactics and measures; 
  • Methods for firefighting plan formulation and drills;
  • Methods for preservation and use of fire prevention and fighting equipment;
  • Methods for fire safety inspection.

After the company’s employees complete the training and receive the training results, the competent police authority shall issue the certificate of training in fire prevention and fighting operations. The certificate of training in fire prevention and fighting operations that are issued by the Police Department of FPFF, competene fire departments and district-level police authorities is valid throughout the country for 5 years starting from the date of issuance. When the certificate expires, the holder must undergo training in order to be issued with a new certificate. 

2. Establishing the internal firefighting force

Pursuant to Article 31.1 Decree 136/2020/ND-CP, head of facilities shall establish an internal firefighting force and directly maintain its operation on a full-time or part-time basis.  

The head of the organization shall promulgate operating regulations, ensure funding, equipment and necessary conditions and maintain operation of the internal firefighting force (Article 31.2 Decree 136/2020/ND-CP). 

Pursuant to 31.3 Decree 136/2020/ND-CP, the minimum number of members of the internal fire fighting force will depend on the number of personnel working regularly at the facility and the facility design, for example, if the facility has from 10 to 50 people regularly working, the minimum number of member is 10 people, including 01 captain. 

Pursuant to Article 45 FPFF Law 2001, the mission of the internal fire fighting force is:  

  • To suggest the promulgation of regulations and internal rules on fire prevention and fighting safety. 
  • To organize the propagation and popularization of fire prevention and fighting legislation and knowledge; to build up movement for mass participation in fire prevention and fighting. 
  • To inspect and urge the execution of regulations and rules on safety for fire prevention and fighting safety. 
  • To organize the drilling and fostering of professional fire prevention and fighting skills. 
  • To work out plans, prepare forces and means and perform fire-fighting task in case of fire; to take part in fire-fighting in localities or other establishments when requested. 

 


Disclaimers:

This article is for general information purposes only and is not intended to provide any legal advice for any particular case. The legal provisions referenced in the content are in effect at the time of publication but may have expired at the time you read the content. We therefore advise that you always consult a professional consultant before applying any content.

For issues related to the content or intellectual property rights of the article, please email cs@apolatlegal.vn.

Apolat Legal is a law firm in Vietnam with experience and capacity to provide consulting services related to Business and Investment and contact our team of lawyers in Vietnam via email info@apolatlegal.com.

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