Decree 105/2025 on New Fire Prevention & Fighting Regime in Vietnam

To provide guidance on the new provisions of the Fire Prevention and Fighting and Rescue Law 2024 and ensure practical implementation, Decree 105/2025 has been officially issued to guide the enforcement of the Fire Prevention and Fighting Law 2024.Decree 105/2025/ND-CP replaces the previous regulations set forth in Decree 136/2020/ND-CP on fire prevention and fighting, and will officially take effect from July 1, 2025. Below, Viet An Law updates several key new regulations under Decree 105/2025 on New Fire Prevention & Fighting Regime in Vietnam.

Key Updates in Decree 105/2025 on the New Fire Prevention and Fighting Regime in Vietnam under the 2024 Law

Compared to Decree 136/2020/ND-CP, Decree 105/2025 on New Fire Prevention & Fighting Regime in Vietnam 2024 introduces several notable new regulations as follows:

• Addition of a list of facilities subject to fire prevention and fighting management;
• Amendments and supplements to regulations on fire prevention, firefighting, rescue, and emergency response documentation;
• New provisions on design appraisal for fire safety by specialized construction authorities;
• New regulations on issuance of certificates for fire prevention equipment inspection;
• New regulations on the authority to issue permits for the transportation of hazardous goods.

Supplemented List of Facilities under Decree 105/2025 on New Fire Prevention & Fighting Regime in Vietnam

According to Clause 7, Article 2 of the Fire Prevention and Fighting and Rescue Law 2024, facilities subject to fire prevention and fighting management include buildings, constructions, and locations used for residential, production, business, commercial, workplace, or other lawful purposes. These facilities must be constructed and operated in accordance with the law and fall under the list prescribed by the Government.

To guide the implementation of this provision, Decree 105/2025/ND-CP under the Fire Prevention and Fighting Law 2024 promulgates Appendix I, which lists 34 types of facilities subject to fire prevention and fighting management. Previously, Appendix I of Decree 136/2020/ND-CP only included 21 types of facilities under fire prevention management.

Accordingly, under the new regulations in Decree 105/2025/ND-CP, several new types of facilities have been added to the list of facilities subject to fire prevention and fighting management under the Fire Prevention and Fighting Law 2024, including:

• Headquarters of state agencies at all levels;
• Space research facilities, specialized data centers, and other specialized research institutions with buildings of two or more stories or with a total floor area of 300 m² or more;
• Offices of state agencies; office buildings of enterprises, political, social organizations with two or more stories or with a total floor area of 100 m² or more;
• Multipurpose buildings and mixed-use buildings with two or more stories or with a total floor area of 100 m² or more, excluding residential houses combined with production or business activities;
• Storage yards for goods, materials, and combustible scrap with an area of 500 m² or more;
• Technical infrastructure of urban areas, residential areas, industrial parks, industrial clusters, tourist zones, research and training areas, and sports and fitness complexes.

In addition, under the new regulations of Decree 105/2025/ND-CP, which guides the implementation of the Fire Prevention and Fighting Law 2024, the following appendices from the previous regulation have been removed and are no longer applicable:

• Appendix III: List of facilities under the management of the Police Authority.
• Appendix IV: List of facilities under the management of the Commune-level People’s Committee (CPC).
• Appendix VIII: Specifications of flags, signs, and tapes used in firefighting activities.

Accordingly, Decree 105/2025/ND-CP, in guiding the implementation of the Fire Prevention and Fighting Law 2024, introduces replacements for certain previous appendices with updated and more specific lists, including:

• Appendix III: List of constructions and transportation vehicles subject to fire safety design appraisal conducted by specialized management agencies.
• Appendix IV: List of fire prevention and fighting equipment, rescue equipment, and fire-resistant or fire-retardant materials and components.
• Appendix V: List of fire prevention and fighting equipment, rescue equipment, and fire-resistant or fire-retardant materials and components subject to licensing prior to circulation on the market.

Amendments and Supplements to Documentation on Fire Prevention, Fighting, Rescue, and Emergency Response under Decree 105/2025 on the New Fire Prevention and Fighting Regime in Vietnam

Fire prevention, fighting, rescue, and emergency response are the responsibilities of all agencies, organizations, households, and individuals operating and residing within the territory of the Socialist Republic of Vietnam.According to Point g, Clause 3, Article 8 of the Fire Prevention and Fighting Law 2024, the head of a facility is responsible for “preparing and managing fire prevention, fighting, rescue, and emergency response documentation within their scope of management.” To guide this provision, Article 4 of Decree 105/2025/ND-CP provides specific regulations regarding fire prevention, fighting, rescue, and emergency response documentation.

In addition to supplementing new documents, Decree 105/2025/ND-CP, guiding the Fire Prevention and Fighting Law 2024, also no longer stipulates certain documents previously listed in Article 4 of Circular 149/2020/TT-BCA, including:

• Decision on issuing internal regulations, directives, and guidelines on fire prevention and fighting; decision on assignment of duties and responsibilities in the implementation of fire safety tasks within the facility (if any).
• Copy of the approved master site plan showing traffic routes, water sources for firefighting, functional layout of areas, and technological process lines within the facility (if any).
• Reports on fire, explosion incidents, or accidents (if any).
• Certificate of eligibility for fire prevention and fighting service business for facilities engaged in such services; etc.

Fire Protection Design Appraisal under Decree 105/2025 on the New Fire Prevention and Fighting Regime in Vietnam Pursuant to the 2024 Law

Unlike Decree 136/2020/ND-CP, which did not address this issue, starting from July 1, 2025, the appraisal of fire protection design is governed by Article 6 of Decree 105/2025/ND-CP, which guides the implementation of the Fire Prevention and Fighting Law 2024, as follows:

• Subjects subject to fire protection design appraisal by specialized construction agencies: Construction projects subject to appraisal of the feasibility study report or construction design following the basic design by specialized construction agencies, and listed under Appendix III attached to this Decree 105/2025/ND-CP.
• Contents of fire protection design appraisal: The contents are specified in Clause 2, Article 6 of Decree 105/2025/ND-CP.

New Regulations on the Issuance of Certification for Firefighting Equipment under Decree 105/2025 on the New Fire Prevention and Fighting Regime in Vietnam

According to Clause 1, Article 46 of Decree 105/2025/ND-CP, the issuance of the Certificate of Inspection for fire prevention and fighting equipment, as well as the management and use of inspection seals for fire prevention and fighting equipment, shall continue to be implemented until June 30, 2026.

The list of fire prevention and fighting equipment and the inspection of such equipment shall comply with the provisions of Article 38 and Appendix VII attached to Decree 136/2020/ND-CP, as amended and supplemented under Clause 13, Article 1 and Appendix VII of Decree 50/2024/ND-CP.

After June 30, 2026, it will no longer be required to obtain a Certificate of Inspection for fire prevention and fighting equipment.

The list of fire prevention and fighting equipment and the inspection procedures remain governed by Article 38 and Appendix VII of Decree 136/2020/ND-CP, as amended and supplemented by Decree 50/2024/ND-CP, until that date, in accordance with Decree 105/2025/ND-CP guiding the Fire Prevention and Fighting Law 2024.

New Regulations on the Authority to Issue Permits for the Transport of Dangerous Goods under Decree 105/2025 on the New Fire Prevention and Fighting Regime in Vietnam

Article 44 of Decree 105/2025/ND-CP amends and supplements the regulations on the authority to issue permits for the transport of dangerous goods as follows:

• The Ministry of Industry and Trade is now responsible for issuing permits for the transport of dangerous goods of Class 1, Class 2, Class 3, Class 4, Class 5, Class 8, and Class 9.
• Previously, under Article 14 of Decree 161/2024/ND-CP and Article 39 of Decree 65/2018/ND-CP, the Ministry of Industry and Trade was only authorized to issue permits for Class 5 and Class 8 dangerous goods; while the Ministry of Public Security handled permits for Class 1, Class 2, Class 3, Class 4, and Class 9.
• Accordingly, the new regulation under Decree 105/2025/ND-CP transfers the authority to issue all relevant dangerous goods transport permits to the Ministry of Industry and Trade.

The above is an update on several notable provisions of Decree 105/2025 on New Fire Prevention & Fighting Regime in Vietnam Law 2024. If you have any related questions or require in-depth legal consultation, please contact Viet An Law Firm for the best legal advice and support.