Certificate of eligibility for fire prevention and fighting service business in Vietnam
Currently, fire prevention and fighting is an issue that receives much attention, especially in the context of many unfortunate incidents in ensuring fire prevention and fighting safety. Therefore, many organizations and individuals have appeared to do business in fire prevention and fighting services. When doing business in this industry, what should be noted about applying for a Business Eligibility Certificate? Below, Viet An Law will analyze the regulation on Certificate of eligibility for fire prevention and fighting service business in Vietnam.
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Fire prevention and fighting service business lines
According to Article 9a of the Law on Fire Prevention and Fighting 2001, as amended in 2013, fire prevention and fighting service business includes:
Construction and installation of fire prevention and fighting systems;
Consulting on technology transfer of fire prevention and fighting;
Manufacturing and assembling fire prevention and fighting equipment and vehicles;
Training and guidance on fire prevention and fighting;
Trading in fire prevention and fighting equipment, vehicles, and materials.
Conditions for fire prevention and fighting service business
According to Appendix IV of the Investment Law 2020, the fire prevention and fighting service business is a conditional business line. Therefore, to conduct this type of business, it is necessary to meet the conditions according to Clause 2, Article 9 of the Law on Fire Prevention and Fighting and Articles 41 and 42 of Decree 136/2020/ND-CP, as amended and supplemented by Decree 50/2024/ND-CP. Specifically:
Legal form
Fire prevention and fighting service business establishments are allowed to operate in the following forms:
Business;
Cooperatives, cooperative unions;
Branches, affiliated establishments of enterprises, cooperatives, and cooperative unions;
Public service units of agencies and organizations;
Business household.
Diplomas and certificates of the head/legal representative
The head and legal representative of the business establishment must have a diploma or certificate of training in fire prevention and fighting.
In case the head or legal representative of the business establishment is a foreigner and has a diploma or certificate of training in fire prevention and fighting or a practice certificate in fire prevention and fighting issued by a foreign agency or organization, a consular legalization document is required.
Location conditions, facilities, equipment
Business establishments providing design consultancy, appraisal consultancy, and supervision consultancy on fire prevention and fighting: have means and equipment to ensure the implementation of design consultancy, appraisal consultancy, and supervision consultancy on fire prevention and fighting;
Business establishments providing consulting, testing, and technical inspection on fire prevention and fighting: Have laboratories and inspection equipment whose quality is recognized by competent authorities;
Business establishments providing consultancy on technology transfer for fire prevention and fighting; training and guidance on fire prevention and fighting techniques: Have means and equipment to ensure the implementation of technology transfer consultancy; means and equipment for training, locations for organizing training and guidance on fire prevention and fighting techniques;
Business establishments engaged in the construction and installation of fire prevention and fighting systems: Have means, equipment, and machinery to ensure the construction and installation of fire prevention and fighting systems;
Business establishments engaged in manufacturing and assembling fire prevention and fighting equipment and vehicles: have factories, vehicles and equipment to ensure the manufacturing, assembling, and testing of fire prevention and fighting equipment and vehicles.
Diplomas and certificates of individuals working at the enterprise/establishment
For business establishments providing technical consulting, inspection, and testing on fire prevention and fighting: there must be at least 02 individuals with a certificate of practice in technical consulting, inspection, and testing on fire prevention and fighting.
For business establishments providing consultancy on fire prevention and fighting technology transfer; training and guidance on fire prevention and fighting techniques: there must be at least 01 person with a university degree or higher in fire prevention and fighting or a university degree or higher in another field suitable for the field of operation and granted a Certificate of training in fire prevention and fighting knowledge.
For business establishments engaged in construction and installation of fire prevention and fighting systems: there must be at least 01 construction commander who is granted a Certificate of practice in construction command of fire prevention and fighting.
For business establishments engaged in the production and assembly of fire prevention and fighting equipment and vehicles: there must be at least 01 person with a university degree or higher in fire prevention and fighting or a university degree or higher in another field suitable for the field of operation and granted a Certificate of training in fire prevention and fighting knowledge.
Authority granting Certificate of eligibility for fire prevention and fighting service business in Vietnam
Business establishments are only allowed to conduct fire prevention and fighting service business activities after being granted a Certificate of eligibility to conduct fire prevention and fighting service business by the police agency.
According to Clause 12, Article 45 of Decree 136/2020/ND-CP, as amended and supplemented by Decree 50/2024/ND-CP, the authority to issue a Certificate of eligibility for fire prevention and fighting services business includes:
Fire Prevention, Fire Fighting, and Rescue Police Department: Issues Certificate of eligibility for fire prevention and fighting service business to business establishments providing consulting, technical inspection, and testing services on fire prevention and fighting, manufacturing and assembling fire prevention and fighting vehicles and equipment;
The Fire Prevention, Fire Fighting and Rescue Police Department of the provincial Public Security: issues Certificates of eligibility for fire prevention and firefighting service businesses to fire prevention and firefighting service business establishments in the management area, except for business establishments under the authority of the Fire Prevention, Fire Fighting and Rescue Police Department.
Profile dossier
The application dossier for a Certificate of eligibility for fire prevention and fighting services includes documents according to Clause 1, Article 45 of Decree 136/2020/ND-CP, amended and supplemented by Decree 50/2024/ND-CP. Accordingly, the documents that customers need to provide to Luat Viet An to carry out the procedure include:
List of individuals with Diplomas and Certificates of practice in fire prevention and fighting consultancy suitable for the business field of fire prevention and fighting services of the facility (Form No. PC36).
Documents proving the conditions of facilities, means, and equipment to ensure business activities:
List of vehicles and equipment serving business activities (Form No. PC37).
Certificate of quality recognition of the laboratory and assessment of calibration of inspection equipment by a competent authority in case of a request for a Certificate of eligibility to conduct business consulting services on technical inspection and testing of fire prevention and fighting.
Procedures for applying for a Certificate of Business in Fire Prevention and Fighting Services
Step 1: Apply for a Certificate of eligibility for the fire prevention and fighting services business
Agencies, organizations, and individuals submit 01 set of documents to the competent authority in one of the following forms:
Directly at the One-Stop Department of the competent authority;
Online at the Public Service Portal, the information system for handling administrative procedures of competent authorities (for documents and papers in the list of state secrets, follow the provisions of the law on protecting state secrets);
Through public postal service.
Step 2: Competent authority receives and processes the application
The officer receiving the application is responsible for checking the components and validity of the application and implementing the following regulations:
In case the dossier is complete and valid according to regulations, receive and record information on the Receipt of administrative procedure settlement on fire prevention and fighting; or record the content of receipt to notify via email or phone message of the agency, organization, or individual submitting the dossier.
In case the dossier is incomplete or invalid according to regulations, instructions will be given to complete the dossier according to regulations and information will be recorded in the Instructions for supplementing dossier requesting settlement of administrative procedures on fire prevention and fighting; or the content of instructions for supplementing dossier will be recorded to notify via email or text message of the agency, organization or individual submitting the dossier.
Step 3: Notification of application processing results
In case of submitting documents directly at the One-Stop Department: The officer receiving the documents must directly deliver 01 copy of the Receipt of handling administrative procedures on fire prevention and fighting or the Instruction form for supplementing documents requesting handling of administrative procedures on fire prevention and fighting to the person submitting the documents and keep 01 copy.
In case of submitting documents via the Public Service Portal: The receiving officer will send a notification via email or text message about the receipt or instructions for supplementing the documents to the agency, organization, or individual that submitted the documents.
In case of submitting documents via public postal service: The officer receiving the documents must send 01 copy of the Receipt of handling administrative procedures on fire prevention and fighting or the Instruction form for supplementing documents requesting handling of administrative procedures on fire prevention and fighting to the agency, organization or individual who previously submitted the documents and keep 01 copy.
Step 4: Issuance of Certificate of Business Eligibility
Within 07 working days from the date of receiving a complete and valid dossier, the competent authority shall be responsible for issuing a Certificate of eligibility for fire prevention and fighting services business to the facility.
In case of not granting a Certificate of eligibility for fire prevention and fighting service business, there must be a written response stating the reason.
It is noted that there is no fee or charge for applying for this procedure.
If you have any questions regarding the Certificate of eligibility for fire prevention and fighting service business in Vietnam, please contact Viet An Law Firm for the best advice.
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