Set up a fire prevention business in Vietnam

Fire prevention and fighting is no longer a strange business for any resident, especially in the current time, along with the development of apartment gases and the need to improve the quality of fire prevention and fighting is increasingly concerned and extremely necessary for any resident. So what are the conditions, components of dossiers and procedures for being granted a license for provision of fire prevention and fighting services? Viet An Law would like to provide customers with conditions to set up a fire prevention business in Vietnam.

Legal basis

• Enterprise Law 2020;
• Law on Fire Prevention and Fighting 2001, amended and supplemented in 2013;
• The Government’s Decree No. 136/2020/ND-CP dated November 24, 2020 details the implementation of a number of articles and measures to implement the Law on Fire Prevention and Fighting and the Law amending and supplementing a number of articles of the Law on Fire Prevention and Fighting;
• Circular No. 149/2020//TT-BCA dated 31/12/2020 of the Minister of Public Security detailing a number of articles and measures to implement the Law on Fire Prevention and Fighting and the Law amending and supplementing a number of articles of the Law on Fire Prevention and Fighting and Decree No. 136/2020/ND-CP dated November 24, 11 of the Government detailing the implementation of a number of articles and enforcement measures promulgate the Law on Fire Prevention and Fighting and the Law amending and supplementing a number of articles of the Law on Fire Prevention and Fighting.

What is a fire prevention business in Vietnam?

Fire prevention and fighting company is understood as a unit or organization that has all conditions on facilities to supply and serve the work of eliminating and minimizing fire and explosion risks and quickly extinguishing when a fire occurs,  prevent fire spread and handle damage to people and property.

According to the current law of Vietnam, the business of fire prevention and fighting services includes the following industries:

• Design consultancy;
• Appraisal consultancy;
• Supervision consultancy;
• Technical inspection and inspection consultancy;
• Construction and installation of fire prevention and fighting systems;
• Consultancy on technology transfer of fire prevention and fighting;
• Manufacturing and assembling fire prevention and fighting devices and equipment;
• Training and guidance on fire prevention and fighting skills;
• Trading in vehicles, equipment, fire prevention and fighting supplies.

Conditions to set up a fire prevention business in Vietnam

Vietnam did not commit to fire prevention and fighting services in the WTO Schedule of Service Commitments at the time Vietnam negotiated to join the WTO. In Decree 136/2020/ND-CP, the conditions for establishing a fire prevention and fighting business company and the establishment conditions for domestic and foreign investors are relatively similar. Specifically, the conditions are:

Conditions on the legal representative of the company

• The legal representative of the business establishment must have a diploma or certificate of fostering knowledge of fire prevention and fighting;
• The representative of the company must be named in one of the following documents: Certificate of Business Registration; Investment registration certificate; Certificate of operation registration of branches or units under the business; Certificate of registration of cooperatives, cooperative unions;…
• In case the head of a business establishment is a foreigner, this person needs to have a consular legalization document, a diploma/certificate of fostering knowledge of fire prevention and fighting or a fire prevention and fighting practice certificate issued by a foreign agency.

Specific conditions for specific industries of fire prevention and fighting service business

• For business establishments on design consultancy, appraisal consultancy, supervision consultancy on fire prevention and fighting
• Have places to operate;
• There are equipment to ensure the implementation of the above consulting activities;
• There are at least 02 individuals with certificates of practicing fire prevention and fighting consulting suitable to the above consulting field;
• Of these 02 individuals, at least 01 individual holds the title of presiding over the design, appraisal and supervision of fire prevention and fighting;
• These individuals must be directly involved in the service business.
• For business establishments on fire prevention and fighting technical inspection and inspection consultancy
• Having laboratories and inspection equipment recognized by competent agencies for quality;
• There are at least 02 individuals with certificates of practicing fire prevention and fighting consultancy suitable to the field of inspection and inspection consultancy;
• These individuals must be directly involved in the service business.
• For business establishments on fire prevention and fighting technology transfer consultancy; training and guidance on fire prevention and fighting skills
• Having sufficient equipment and facilities to provide technology transfer consultancy and training;
• Location of training and consultancy on fire prevention and fighting skills;
• There is at least 01 person with a university degree or higher in fire prevention and fighting or a university degree or higher in another discipline suitable to the field of operation and granted a Certificate of fostering knowledge of fire prevention and fighting;
• These individuals must be directly involved in the service business.
• For business establishments in the construction and installation of fire prevention and fighting systems
• Having equipment and machinery to ensure the construction and installation of fire prevention and fighting and fighting systems;
• There is at least 01 construction commander who is granted the Certificate of practicing construction commander in fire prevention and fighting.
• These individuals must be directly involved in the service business.
• For business establishments in manufacturing and assembling fire prevention and fighting devices and equipment
• Have an operating location;
• Having workshops, means and equipment to ensure the production, assembly and testing of fire prevention and fighting devices and equipment;
• At least 01 person has a university degree or higher in fire prevention and fighting or a university degree or higher in another discipline suitable to the field of operation and is granted a Certificate of fostering knowledge of fire prevention and fighting;
• These individuals must be directly involved in the service business.

Conditions for issuance of certificates of fire prevention and fighting

• To be granted a Certificate of fostering knowledge of fire prevention and fighting, individuals need to undergo fostering knowledge of fire prevention and fighting. This certificate will be issued by an educational institution with the function of professional training and valid for use nationwide;
• To be granted the Certificate of practicing design consultancy and appraisal consultancy, individuals need:
• Having a college degree or higher in fire prevention and fighting or having a university degree or higher in another discipline suitable to the field of operation;
• Have been granted a Certificate of fostering knowledge of fire prevention and fighting;
• Have participated in design consultancy, appraisal consultancy on fire prevention and fighting at least 03 projects and works and have been granted appraisal certificates by the Fire Prevention and fighting Police agency.
• To be granted a Certificate of practicing technical inspection and accreditation consultancy, individuals need:
• Having a college degree or higher in fire prevention and fighting or having a university degree or higher in another discipline suitable to the field of operation;
• Have been granted a Certificate of fostering knowledge of fire prevention and fighting.
• To be granted a Supervising Consultant Practice Certificate, individuals need:
• Having a college degree or higher in fire prevention and fighting or having a university degree or higher in another discipline suitable to the field of operation;
• Have been granted a Certificate of fostering knowledge of fire prevention and fighting;
• Having participated in the construction supervision of at least 03 projects and works that have been granted written approval by the Fire Prevention and Fighting Police Agency for acceptance results on fire prevention and fighting;
• Have a Certificate of professional training in construction supervision.
• To be granted the Certificate of Practice of Construction Commander in Fire Prevention and fighting, it is necessary:
• Having a college degree or higher in fire prevention and fighting or having a university degree or higher in another discipline suitable to the field of operation;
• Have been granted a Certificate of fostering knowledge of fire prevention and fighting;
• Having participated in the construction and installation of fire prevention and fighting and fighting systems in at least 03 projects, the works have been granted written approval by the Fire Prevention and Fighting Police Agency for acceptance results on fire prevention and fighting.

According to the regulations of the Ministry of Education and Training, other professions suitable in this case will include: Architecture and planning; build; construction management; mechanical engineering technology; electrical engineering technology; electronics and telecommunications; oil and gas technology and extraction; mechanical engineering and mechanical engineering; electrical, electronic and telecommunications engineering.

Above is some information about condition to set up a fire prevention business in Vietnam. If you still have any problems, please contact Viet An Law Firm for the most specific advice!