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Which projects need a fire protection license in Vietnam?

Question: Dear DB Legal, Our company is preparing to build a factory in Vietnam. Which projects need a fire protection license in Vietnam?

Answers:

According to Vietnam Government's Decree No. 136/2020/ND-CP dated November 24, 2020

From January 10, 2021, There is no longer a fire protection certificate, but businesses need to apply for a certificate of design appraisal of fire prevention.

Picture 1: Appraisal of fire safety design Certificate

Accordingly, the List of projects, works, and motor vehicles requires an appraisal of fire safety design.

1. Premises of regulatory bodies at all levels with at least seven stories or a total volume of at least 5.000 m3.

2. Apartment buildings, tenement houses, and dormitories with at least seven stories or a total volume of at least 5.000 m3; mixed-use buildings with at least seven stories or a total volume of at least 5.000 m3.

3. Junior kindergartens and senior kindergartens with at least 100 students or a total volume of at least 3.000 m3; primary schools, lower secondary schools, upper secondary schools, and multi-level secondary schools with a total volume of at least 5.000 m3; colleges, universities, academies; post-secondary schools; vocational schools; continuing education institutions; and other educational institutions established under the Education Law with at least five stories or total volume of at least 5.000 m3.

4. Hospitals; polyclinics, clinics, sanitariums, physical rehabilitation facilities, orthopedic facilities, nursing homes, epidemic prevention, and control facilities, medical centers, and other healthcare facilities established under the Law on Medical Examination and Treatment with at least five stories or total volume of at least 3.000 m3.

5. Theaters, cinemas, and circuses with at least 300 seats; convention centers with at least five stories or a total volume of at least 5.000 m3; cultural centers, karaoke facilities, and night clubs with at least three stories or volume of at least 1.000 m3; bars, clubs, beauty clinics, massage shops, theme parks, zoos, and aquariums with at least three stories or total volume of at least 1.500 m3.

6. Markets; shopping malls; supermarkets; department stores; convenience stores; restaurants and eateries with total volume of at least 3.000 m3.

7. Hotels, guest houses, rented houses, and other types of lodgings established under the Law on Tourism with at least seven stories or a total volume of at least 5.000 m3.

8. Workplaces of enterprises and socio-political organizations with at least seven stories or a total volume of at least 5.000 m3.

9. Museums, libraries, exhibits, storage facilities, bookstores, and fair facilities with a total volume of at least 5.000 m3.

10. Post offices and broadcasting and telecommunications facilities; information equipment housing units; and data storage and management centers with at least 5 stories or total volume of at least 5.000 m3.

11. Stadiums with at least 5,000 seats; arenas, sports centers, racing tracks, shooting ranges, and other sports facilities established under the Law on Physical Training and Sports with at least 5,000 seats or a total volume of at least 5,000 m3.

12. Airports, air traffic control towers; wharves of seaports; dry ports; inland ports; coach stations; rail stations; aerial passenger tramway terminals and rest stops with total volume of at least 1.500 m3; subway facilities; motor vehicle registration facilities; and automobile, motorcycle and moped trading and maintenance facilities with business space of at least 500 m2 or volume of at least 5.000 m3.

13. Indoor garages with a total volume of at least 3.000 m3.

14. Road tunnels of at least 500 m; railway tunnels of at least 1.000 m.

15. Nuclear facilities; facilities producing, trading, and preserving industrial explosives and explosive precursors; industrial explosive and explosive precursor storage; industrial explosive and explosive precursor import and export ports; weapon and combat gear storage.

16. Facilities for extracting, processing, producing, transporting, trading, and preserving petroleum, petroleum products, and gas on land; petroleum and petroleum product terminals, gas terminals; petroleum, petroleum product, and gas import and export ports; filling stations, internal filling stations with at least 01 fuel dispenser; gas stations and internal gas supply systems with total gas storage of at least 200 kg.

17. Industrial facilities with grade A or B risk of fire and explosion and total volume of at least 1.500 m3; and grade C, D, or E risk of fire and explosion and total volume of at least 5.000 m3.

18. Power plants; electrical substations with a voltage of at least 110 kV.

19. Tunnels with production, storage, and use of flammable materials and explosives and a total volume of at least 1.000 m3. Warehouses of flammable goods or non-flammable goods contained in flammable packaging with a total volume of at least 3.000 m3.

20. Technical infrastructures related to fire prevention and fighting of cities, economic zones, industrial parks, industry clusters, export-processing zones, hi-tech parks, and other functional zones according to the Law on Planning requiring approval from authority at the district level or higher.

21. Motor vehicles are subject to special requirements for fire safety. Railway vehicles and watercraft at least 20 m in length transporting passengers, gasoline, oil, flammable liquids, flammable gas, explosives, and chemicals posing fire and explosion hazards./.

Thus, it depends on the size of your project; you should consider whether you are eligible for a certificate of design appraisal of fire prevention.

DB Legal is a full legal service law firm in Da Nang, Viet Nam. Our Lawyers bring enormous legal experience for local and foreign parties in Central Vietnam, mainly in Da Nang, Hoi An, Nha Trang, Hue, and Quy Nhon.

DB Legal help Client choose suitable solutions for their business and provide insightful advice for Client's growth.

Note: This  Advice includes information obtained or derived from a variety of publicly available sources. DB Legal has not sought to establish the reliability of these sources or verified such information. The information contained in this Advice is of a general nature only. It is not meant to be comprehensive and does not provide professional advice. You should not act upon the information contained in this advice without obtaining specific professional advice. Whilst every care has been taken in preparing this document, DB Legal makes no guarantee, representation, or warranty (expressed or implied) as to its accuracy or completeness, and under no circumstances will DB Legal be liable for any loss caused by reliance on any opinion or statement made in this document. Except as specifically indicated, the expressions or opinions are those of DB Legal only and are subject to change without notice. This document shall not be copied, reproduced, transmitted or further distributed by any recipient. The materials contained in this document were assembled in June 2023 and were based on the laws enforceable and information available at the time.

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