Circular No. 82/2021/TT-BCA dated August 6, 2021 on standards, duties, training, and professional inspections for fire safety design appraisal and fire safety acceptance performed by the fire and rescue police force

CIRCULAR

ON STANDARDS, DUTIES, TRAINING, AND PROFESSIONAL INSPECTIONS FOR FIRE SAFETY DESIGN APPRAISAL AND FIRE SAFETY ACCEPTANCE PERFORMED BY THE FIRE AND RESCUE POLICE FORCE

Pursuant to the Law on Fire Prevention and Fighting dated June 29, 2001; the Law on amendments to the Law on Fire Prevention and Fighting dated November 22, 2013;

Pursuant to Decree No. 136/2020/ND-CP dated November 24, 2020 of the Government on elaboration of and measures for implementing the Law on Fire Prevention and Fighting and the Law on amendments to the Law on Fire Prevention and Fighting;

Pursuant to Decree No. 01/2018/ND-CP dated August 6, 2018 of the Government on functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the request of the Director of the Fire and Rescue Police Department;

The Minister of Public Security hereby issues the Circular on standards, duties, training, and professional inspections for fire safety design appraisal and fire safety acceptance of the fire prevention, fire fighting and rescue police force (hereinafter referred to as fire and rescue police force).

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular provides regulations on the standards and duties of commissioned officers and non-commissioned officers (hereinafter referred to as officers) of the People’s Public Security responsible for fire safety design appraisal and fire safety acceptance; and on the training and professional inspections for fire safety design appraisal and fire safety acceptance by the fire and rescue police force.

Article 2. Principles of assignment

1. Assign officers with appropriate competencies and qualifications, meeting the standards stipulated in this Circular and other regulations of the Ministry of Public Security to perform fire safety design appraisal and fire safety acceptance.

2. Training on professional tasks for fire safety design appraisal and fire safety acceptance must be conducted regularly and promptly to meet operational requirements and enhance the quality of officers performing these tasks.

3. Objectivity, transparency, and fairness must be ensured in the evaluation of officers’ competence and expertise during professional inspections for fire safety design appraisal and fire safety acceptance.

Chapter II

STANDARDS AND DUTIES OF OFFICERS CONDUCTING FIRE SAFETY DESIGN APPRAISAL AND FIRE SAFETY ACCEPTANCE

Article 3. Standards for officers directly conducting fire safety design appraisal and fire safety acceptance

Officers directly conducting fire safety design appraisal and fire safety acceptance must meet the following standards:

1. Possess a university degree or higher in fire prevention, firefighting, and rescue.

2. Achieve satisfactory results in professional inspections for fire safety design appraisal and fire safety acceptance.

3. Have relevant experience in fire prevention, firefighting, and rescue within the fire and rescue police force as follows:

a) At least five years for officers of the Fire and Rescue Police Department;

b) At least three years for officers of the Fire and Rescue Police Division of the province-level Public Security Department (hereinafter referred to as province-level Public Security).

Article 4. Duties of leaders and commanders in charge of fire safety design appraisal and fire safety acceptance

1. The Director of the Fire and Rescue Police Department has the following duties:

a) Direct, guide, and inspect the performance of the functions and duties of the fire and rescue police force in fire safety design appraisal and fire safety acceptance;

b) Conduct fire safety design appraisal and fire safety acceptance for projects, constructions, and motor vehicles requiring special fire prevention and firefighting (hereinafter referred to as fire safety measures) as per assignment;

c) Direct research and the application of scientific, technical, and technological advancements, as well as foster international cooperation to ensure fire safety in construction investment;

d) Perform tasks assigned or delegated by the Minister of Public Security.

2. The Director of the Province-level Public Security Department has the following duties:

a) Direct, monitor, and inspect the performance of functions and duties by the fire and rescue police force in fire safety design appraisal and fire safety acceptance within their jurisdiction;

b) Oversee situational analysis and information gathering to support fire safety design appraisal and fire safety acceptance;

c) Direct research and the application of scientific, technical, and technological advancements, as well as foster international cooperation to ensure fire safety in construction investment.

3. The Deputy Director of the Fire and Rescue Police Department shall perform the duties specified in points a, b, and c of Clause 1 of this Article when assigned by the Director.

4. The Deputy Director of the Province-level Public Security Department shall perform the duties specified in Clause 2 of this Article when assigned by the Director.

5. The Head of the Fire and Rescue Police Division under the Fire and Rescue Police Department has the following duties:

a) Advise the Director of the Fire and Rescue Police Department on conducting situational analysis and gather information to support fire safety design appraisal and fire safety acceptance;

b) Assign officers under their management to carry out fire safety design appraisal and fire safety acceptance;

c) Direct, monitor, and inspect the performance of officers conducting fire safety design appraisal and fire safety acceptance under their management;

d) Study and propose the application of international and foreign standards on fire safety in Vietnam;

dd) Collaborate in research and propose organizational structures, personnel allocation, and training programs to enhance the qualifications of officers conducting fire safety design appraisal and fire safety acceptance under their management;

e) Perform information reporting, statistical tasks, and other duties as assigned by superiors.

6. The Head of the Fire and Rescue Police Division under the Province-level Public Security Department has the following duties:

a) Direct, monitor, and inspect the performance of officers conducting fire safety design appraisal and fire safety acceptance under their management;

b) Conduct situational analysis and information gathering to support fire safety design appraisal and fire safety acceptance;

c) Implement fire safety design appraisal and fire safety acceptance for projects, constructions, and motor vehicles requiring special fire safety measures as per assignment;

d) Study and propose the application of scientific, technical, and technological advancements, as well as the implementation of international cooperation, to ensure fire safety in construction investment;

dd) Perform information reporting, statistical tasks, and other duties as assigned by superiors.

7. Deputy Head of the Fire Safety Approval Division under the Fire and Rescue Police Department shall perform the duties specified in Clause 5 of this Article when assigned by the Head of the Division. The Deputy Head of the Fire and Rescue Police Division under the Province-level Public Security Department shall perform the duties specified in Clause 6 of this Article when assigned by the Head of the Division.

8. Head of the Team for fire safety design appraisal and fire safety acceptance under the Fire and Rescue Police Division of the Province-level Public Security Department has the following duties:

a) Advise on conducting situational analysis and information gathering to support fire safety design appraisal and fire safety acceptance within the assigned scope of responsibility;

b) Perform fire safety design appraisal and fire safety acceptance tasks as assigned;

c) Monitor and inspect the performance of duties by officers conducting fire safety design appraisal and fire safety acceptance under their management;

d) Perform information reporting and other tasks as assigned by superiors.

9. Deputy Head of the Team for fire safety design appraisal and fire safety acceptance under the Fire and Rescue Police Division of the Province-level Public Security Department shall perform the duties specified in Clause 8 of this Article as assigned by the Head of the Team.

Article 5. Duties of officers directly conducting fire safety design appraisal and fire safety acceptance

1. Study and advise direct leaders and commanders on the following tasks:

a) Develop and amend legal documents, regulations, and standards on fire safety related to fire safety design appraisal and fire safety acceptance;

b) Conduct situational analysis and gather information to support fire safety design appraisal and fire safety acceptance within the scope of managed fields, project types, and constructions;

c) Provide guidance, training, and inspections to enhance the quality of fire safety design appraisal and fire safety acceptance;

d) Propose the adoption of international and foreign standards on fire safety in design and design appraisal;

dd) Propose the application of scientific, technical, and technological advancements, as well as international cooperation, in fire safety design appraisal and fire safety acceptance.

2. Conduct fire safety design appraisal and fire safety acceptance tasks as assigned.

3. Monitor, collaborate, and support in the following areas: fire safety inspections, fire suppression, rescue, and investigation of fire causes for projects, constructions, and motor vehicles under their design appraisal and acceptance responsibility.

4. Perform information reporting and other tasks as assigned by superiors.

Chapter III

TRAINING AND PROFESSIONAL INSPECTIONS FOR FIRE SAFETY DESIGN APPRAISAL AND FIRE SAFETY ACCEPTANCE

Article 6. Training on fire safety design appraisal and fire safety acceptance

1. Training participants:

a) Division leaders directly in charge of fire safety design appraisal and fire safety acceptance;

b) Team commanders and officers directly responsible for or performing fire safety design appraisal and fire safety acceptance;

c) Division leaders, team commanders, and officers designated for direct responsibility or performance of fire safety design appraisal and fire safety acceptance in the future.

2. Training content:

a) Legal regulations related to fire safety in construction investment;

b) Systems of regulations and standards pertaining to the design requirements for various types of constructions, motor vehicles requiring special fire safety measures, fire safety systems, and related technical systems;

c) Basic professional operations, including documentation and statistical practices for fire safety design appraisal and fire safety acceptance;

d) Procedures and content for conducting fire safety design appraisal and fire safety acceptance;

dd) Actions against administrative violations in the field of fire safety, including temporary suspension or cessation of operations;

e) Other relevant topics to meet operational requirements.

3. Organization of training:

a) The Fire and Rescue Police Department shall develop plans and organize training sessions for participants specified in Clause 1 of this Article under its management;

b) Province-level Public Security Departments shall develop plans and organize training sessions for participants specified in Clause 1 of this Article under their management.

Article 7. Professional inspections for fire safety design appraisal and fire safety acceptance

1. Initial inspection: conducted for participants who have completed the training specified in Point c, Clause 1, Article 6 of this Circular (excluding division leaders).

2. Periodic inspection: conducted every three years for participants specified in Point b, Clause 1, Article 6 of this Circular.

3. Responsibilities of the Fire and Rescue Police Department:

a) Organize inspections for participants specified in Points b and c, Clause 1, Article 6 of this Circular after they have completed training by their direct management units as required;

b) Notify the time, location, and list of officers participating in inspections at the request of the province-level Public Security Department;

c) Establish the Professional Inspection Council for fire safety design appraisal and fire safety acceptance. The Council Chairperson shall be the Director of the Fire and Rescue Police Department. Council members shall include the Deputy Director in charge and representatives of relevant divisions under the Department. The Inspection Council is responsible for developing regulations, designing appropriate test questions and answers aligned with the training program content, conducting inspections, and scoring;

d) Publicize inspection results and issue written notifications of the results within five working days from the date the inspection results are finalized.

4. Responsibilities of the province-level Public Security Department: review and compile lists of participants specified in Points b and c, Clause 1, Article 6 of this Circular who have completed training, and prepare dossiers to request professional inspections by the Fire and Rescue Police Department.

5. Validity of inspection results: the results of professional inspections for fire safety design appraisal and fire safety acceptance are valid for three years from the date of notification. Officers who fail to meet the required standards in inspections shall not be assigned tasks related to design appraisal or fire safety acceptance.

Article 8. Funding for training and professional inspections for fire safety design appraisal and fire safety acceptance

The costs for developing and distributing training materials, conducting training sessions, and organizing professional inspections for fire safety design appraisal and fire safety acceptance shall be allocated from the regular budget of the Fire and Rescue Police Department, province-level Public Security Departments, and other lawful funding sources as prescribed.

Chapter IV

IMPLEMENTATION

Article 9. Entry into force

1. This Circular comes into force as of September 20, 2021.

2. Transitional provisions:

a) Division leaders, team commanders currently assigned direct responsibility for fire safety design appraisal and fire safety acceptance, and officers currently performing these tasks but not meeting the standards specified in Clause 1, Article 3 of this Circular may continue their assigned duties for up to 36 months from the effective date of this Circular;

b) Individuals specified in Point a of this Clause who do not meet the standards specified in Clause 2, Article 3 of this Circular may continue their assigned duties for up to 24 months from the effective date of this Circular.

Article 10. Implementation responsibilities

1. The Director of the Fire and Rescue Police Department shall:

a) Direct, guide, and inspect the implementation of this Circular;

b) Assign officers meeting the prescribed standards to perform fire safety design appraisal and fire safety acceptance tasks;

c) Direct the development and issuance of training materials for professional tasks related to fire safety design appraisal and fire safety acceptance;

d) Organize professional inspections for fire safety design appraisal and fire safety acceptance.

2. Directors of province-level Public Security Departments shall:

a) Assign officers meeting the prescribed standards to perform fire safety design appraisal and fire safety acceptance tasks;

b) Arrange venues, facilities, and ensure necessary conditions for organizing training sessions and professional inspections as stipulated in this Circular and as guided by the Fire and Rescue Police Department.

3. Heads of units under the Ministry of Public Security and Directors of province-level Public Security Departments shall, within their respective functions and duties, implement this Circular.

Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Public Security (through the Fire and Rescue Police Department) for timely guidance./.