PORTAL - From January 10, 2021, Decree 136/2020/ND-CP of the Government detailing the implementation of a number of articles of the Law on Fire Prevention and Fighting (FPF) and the Law amending and supplementing a number of articles of the Law on FPF (referred to as Decree 136) officially comes into effect with many new points, consistent with the reality.
Decree 136 replaces Decree no. 79/2014/ND-CP dated July 31, 2014 detailing the enforcement of a number of articles of the Law on FPF and the Law amending and supplementing a number of articles of the Law on FPF. Decree 136 includes 9 chapters and 54 articles with 9 appendices attached. Compared with Decree no. 79/2014/ND-CP, Decree no. 136 retains 1 article, amends and supplements 47 articles, annuls 10 articles, builds 6 new articles. At the same time, amending and supplementing 05 appendices, annulling 01 appendix and building 04 new appendices.
Decree 136 focuses on concretizing fire prevention conditions for facilities and objects. For example, stipulating for newly built residential areas to have designs and the firefighting designs must be approved by competent authorities; clearly stipulating some conditions to ensure FPF safety and for households that both live and product and do business, etc.
In particular, Decree 136 has added a number of facilities to the list of facilities subject to FPF management (Appendix I), which are: Inn, primary school, secondary school; house for living combined with production and trading of flammable goods, substances, goods in flammable packaging of households; convenience stores, etc.
The remarkable point of Decree 136 is the deregulation of vehicles with 4-9 seats to be equipped with fire extinguishers. According to the new regulations, vehicles from 4 to 9 seats only need to comply with the tested operating conditions, materials and goods laid and arranged on the vehicle to ensure FPF safety. This is one of the points that many vehicle owners and companies have commented that need to be revised for many years.
Decree 36 also has many additional points, aiming to enhance the roles and responsibilities of the head of the facilities, local authorities, in accordance with the "4 on-the-spot" motto in FPF work: human resources on-the-spot, leadership on-the-spot, means and materials on-the-spot, and logistics on-the-spot.
Regarding the inspection, Decree 136 stipulates the direction of reducing the number of times that the FPF Police periodically inspect the grassroots in the year, instead enhancing the roles and responsibilities of the head of the facility, the leader of the communal People's Committee, owner of motor vehicle, owner of household, owner of forest, etc. Even in the safe conditions of FPF for the residential area, it is clearly stated that the Chairman of the Commune People's Committee will implement and maintain throughout the operation process.
Specifically, in Decree no. 79/2014/ND-CP stipulating the FPF Police to quarterly inspect the FPF safety for facilities at risk of fires and explosions. In comparison to Decree 136 which only stated, the Public security agency is responsible for inspecting the FPF safety every 6 months for the facilities on the list of facilities at risk of fires and explosions. That means the number of inspection times of Public security agency for facilities at risk of fires and explosions has decreased by half compared to the previous regulations.
Decree 136 also stipulates a list of facilities managed by the Commune People's Committee (Appendix IV), ensuring that it is consistent with the new organizational model of the Ministry of Public Security. Remarkably, at Point c, Clause 3, Article 16 of Decree 136 once again emphasizes the role of local authorities when clearly stipulates, the Chairman of the communal People's Committee is responsible for directing and organizing to inspect the FPF safety periodically once a year.
This regulation will help local authorities to stick closely to the area, to have timely guidance and measures, close to the actual situation in the management area. Thereby, together with the Public security and Military forces, the heads of the quarters form the fire prevention networks at the facility, being able to initially handle the fires that just break out in order to limit the large fires occurring.