Recently, lots of fires and explosions have occurred, causing property loss and even serious and tragic damages to human health and life. In particular, establishments trading flammable and explosive goods are a type with potential risks but have not really received proper management attention. However, from May 15, 2024, this kind of business establishment has been added to the list of establishments subject to management on fire protection.
Adding establishments trading flammable and explosive goods to the list of establishments subject to management on fire protection
The list of establishments under management on fire protection is adjusted and supplemented from May 15, 2024 according to the effect of Decree 50/2024/ND-CP amending Decree 136/2020/ND-CP guiding the Law fire prevention and fighting and Decree 83/2017/ND-CP regulating rescue work of fire prevention and fighting forces issued on May 10, 2024.
Specifically, establishments trading flammable and explosive goods are subject to management on fire prevention if they have a total business area of 50 m2 or more or have a total volume of business blocks of 200 m3 or more.
In addition, for mixed-use buildings for dwelling and production and trade of flammable and explosive goods to be applied management on fire protection, the Decree also provides detailed instructions as follows: floor area for production and business purposes of 50 m2 or more. (Previous regulations in Section 21, Appendix I, Decree 136/2020/ND-CP: “Mixed-use houses involved in trade of flammable goods or substances or goods contained in flammable packaging of household.”).
Many amendments and additions to the list of establishments under management on fire prevention
Removing some establishments from the List, including:
– Beauty clinics, massage shops (Section 5 Appendix I Decree 136/2020/ND-CP);
– Department stores; convenience stores (Section 6 Appendix I Decree 136/2020/ND-CP);
Adjusting the regulations applicable to some subjects in the following categories:
– Specific instructions on subjects requiring application of management on fire prevention for service and food establishments. Specifically, subjects include service and food establishments with a total business area of 100 m2 or more or a total volume of 500 m3 or more. (Previous regulations in Section 6, Appendix I, Decree 136/2020/ND-CP: “restaurants, food stores”).
– Adjusting “Workplaces of enterprises and socio – political organizations” (in section 8, Appendix I of Decree 136/2020/ND-CP) to “Buildings used as office headquarters for enterprises, political and social organizations”.
– Adjusting “Post offices, broadcasting and telecommunications facilities; information equipment housing units; data storage and management centers” (in section 10, Appendix I of Decree 136/2020/ND-CP) to “Buildings of postal service points, postal facilities, telecommunications facilities; data storage and management centers; radio and television facilities; publishing and printing facilities.”
Adding to the List of “hangars, dry ports”, as facilities under management on fire prevention.
Summary of the list of establishments subject to management on fire prevention according to the new Decree
The establishments in the following list that are subject to management on fire prevention include establishments that are in operation, are temporarily suspended, or have their operations suspended:
“APPENDIX I
LIST OF FACILITIES SUBJECT TO FIRE PREVENTION AND FIGHTING MANAGEMENT
(Issued together with Decree No. 50/2024/ND-CP dated May 10, 2024 of the Government)
1. Headquarters of regulatory bodies at all levels.
2. Apartment buildings; tenement houses, dormitories; mixed-use buildings.
3. Nursery schools; kindergartens, preschools; elementary schools, lower secondary schools, upper secondary schools; secondary schools; colleges, universities, academies; professional secondary schools; vocational schools; continuing education institutions; other educational institutions established under the Law on Education.
4. Hospitals; polyclinics, specialized clinics, facilities that provides care, rehabilitation, and orthopaedic, nursing homes, disease prevention centers, medical centers, other medical facilities established under the Law on Examination and Treatment.
5. Theaters, cinemas, circuses; convention centers; cultural houses; karaoke establishments, discotheques, bars, clubs; amusement parks, zoos, aquariums.
6. Markets; shopping centers, electronics stores; supermarkets; food and beverage establishments with a total business area of 100 m2 or more or a total volume of 500 m3 or more; establishments trading in flammable and explosive goods with a total business area of 50 m2 or more or a total volume of business buildings of 200 m3 or more.
7. Hotels, guesthouses, motels; other accommodation establishments established under the Law on Tourism; boarding houses.
8. Buildings used as office headquarters for enterprises, political and social organizations.
9. Museums, libraries; exhibition halls; galleries, archives, bookstores, fair houses; religious establishments.
10. Buildings of postal service points, postal facilities, telecommunications facilities; data storage and management centers; radio and television facilities; publishing and printing facilities.
11. Stadiums; sports halls; indoor sports centers; fitness and sports centers; racetracks, shooting ranges; other sports facilities established under the Law on Physical Training and Sports.
12. Airports; air traffic control towers; seaports; hangars, dry ports; inland waterways ports; bus terminals; rest stops; cable car stations for passenger transport; subways; motor vehicle registration facilities; businesses engaging in trading, repair and maintenance of motor vehicles.
13. Car garages and parking lots established as per the law.
14. Road tunnels and railway tunnels with a length of 500 meters or more.
15. Nuclear facilities; facilities for production, trade, storage, and use of industrial explosives and explosive precursor substances; warehouses for industrial explosives and explosive precursors; ports for export and import of industrial explosives and explosive precursors; warehouses for weapons and support tools.
16. Facilities for exploitation, processing, production, transportation, trade, and storage of petroleum and petroleum products, natural gas on land; oil and petroleum product depots, gas depots; ports for export and import of petroleum and petroleum and gas products; oil and gas retailers, flammable liquid retail stores; gas retail stores.
17. Industrial establishments with fire and explosion hazard classes A, B, C, D, E.
18. Power plants; substations with voltage of 110 kV or higher.
19. Tunnels for production, storage, and use of flammable and explosive substances; national reserve warehouses; warehouses for flammable goods and materials; storage areas for flammable goods, materials, and scrap with an area of 500 m2 or more.
20. Other establishments not included in the list from items 1 to 19 that have an internal gasoline filling station or use a central gas supply system with a total gas consumption of 70 kg or more.
21. Mixed-use buildings for dwelling and production and trade of flammable and explosive goods with a floor area for business purposes of 50 m2 or more.”
>> LEGAL NEWSLETTER – MAY 2024 https://linconlaw.vn/legal-newsletter-may-2024/
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Legal basis:
- Decree 50/2024/ND-CP amending Decree 136/2020/ND-CP guiding the Law on Fire Prevention and Fighting and the amended Law on Fire Prevention and Fighting and Decree 83/2017/ND-CP regulating rescue work of fire prevention and fighting forces;
- Decree 136/2020/ND-CP guiding the Law on Fire Prevention and Fighting and the amended Law on Fire Prevention and Fighting.
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