Clarifying the authority for reviewing fire prevention and fighting design

(Chinhphu.vn) - The provisions in Clause 1, Article 8 of Decree No. 105/2025/ND-CP and Point d, Clause 1, Article 17 of the Law on Fire Prevention, Fighting and Rescue are not contradictory but stipulate different cases to ensure comprehensiveness.

According to Clause 1, Article 9 of Decree No. 105/2025/ND-CP, the constructions specified in Appendix III attached to this Decree must have their fire prevention and fighting designs appraised by the Police agency.

According to point d, clause 1, Article 17 of the Law on Fire Prevention, Fighting, and Rescue, the investor or owner of the construction project shall organize the appraisal of the contents specified in points e and g, clause 1, Article 16 of this Law for the construction design implemented after the basic design of the project that is not subject to fire prevention and fighting design appraisal by the Police agency. That is, for projects not listed in Appendix III, the investor must appraise the fire prevention and fighting design themselves.

However, according to Clause 1, Article 6 of Decree No. 105/2025/ND-CP, the investment decision-maker, the investor, and the owner of the construction project shall independently appraise the fire prevention and fighting design in accordance with points a and d, Clause 1, Article 17 of the Law on Fire Prevention, Fighting and Rescue, for construction investment projects and works specified in Appendix III attached to this Decree that are not under the appraisal authority of specialized construction agencies.

Ms. Le Thuy asked: Appendix III stipulates the list of works and means of transport subject to design appraisal for fire prevention and firefighting by specialized management agencies. Therefore, is it reasonable for Clause 1, Article 6 of Decree No. 105/2025/ND-CP, which stipulates that investors and owners conduct their own design appraisal for projects and works specified in Appendix III? Are the provisions in Point d, Clause 1, Article 17 of the Law on Fire Prevention, Firefighting and Rescue and the provisions in Clause 1, Article 6 of Decree No. 105/2025/ND-CP contradictory?

Regarding this matter, the Ministry of Public Security responded as follows:

Appendix III attached to Decree No. 105/2025/ND-CP stipulates "List of works and means of transport subject to design appraisal for fire prevention and firefighting by specialized management agencies".

For construction projects subject to appraisal of investment feasibility study reports and construction designs following the basic design phase at specialized construction agencies, and listed in Appendix III of Decree No. 105/2025/ND-CP, the fire prevention and fighting design must be appraised by the specialized construction agency.

Therefore, for projects listed in Appendix III of Decree No. 105/2025/ND-CP that are not under the appraisal authority of specialized construction agencies, the provisions of Clause 1, Article 8 of Decree No. 105/2025/ND-CP must be followed.

In addition, Clause 1, Article 16 of the Law on Fire Prevention, Fighting and Rescue stipulates:

"1. When preparing, adjusting investment projects for construction works, designing works, renovating, changing the functional use of works as stipulated in Clause 7, Article 2 of this Law, and constructing temporary works as prescribed by the law on construction, solutions and designs for fire prevention and firefighting must be appropriate to the function and characteristics of the works and ensure the following requirements:

a) Fire prevention and firefighting distances;

b) Roadways, parking areas, and open spaces for fire prevention, firefighting, rescue, and relief operations;

c) Escape plan;

d) Expected fire resistance rating, fire containment measures, and fire spread prevention measures;

d) Solutions for smoke control;

e) Electrical systems for fire prevention and firefighting;

g) Fire prevention and firefighting equipment and systems.

For projects specified in Appendix III of Decree No. 105/2025/ND-CP and in cases where the feasibility study report for construction investment is not subject to appraisal by specialized construction agencies, the investment decision-maker shall organize the appraisal of the contents specified in Clause 1, Article 16 of the Law on Fire Prevention, Fighting and Rescue.

For construction projects specified in Appendix III of Decree No. 105/2025/ND-CP and in cases where the construction design is implemented after the basic design of the project and is not subject to appraisal by specialized construction agencies, the investor or owner of the project shall organize the appraisal of the contents specified in points a, b, c, d, and e of Clause 1, Article 16 of the Law on Fire Prevention, Fighting, and Rescue.

The requirement for investors and owners of construction projects to organize the fire safety design review for projects not subject to review by specialized construction agencies is necessary to ensure fire safety compliance.

For projects not listed in Appendix III of Decree No. 105/2025/ND-CP, the investor or owner of the project shall organize the appraisal of the contents stipulated in points e and g, Clause 1, Article 16 of the Law on Fire Prevention, Fighting and Rescue, regarding the construction design implemented after the basic design.

The provisions in Clause 1, Article 8 of Decree No. 105/2025/ND-CP and Point d, Clause 1, Article 17 of the Law on Fire Prevention, Fighting and Rescue are not contradictory but stipulate different cases to ensure comprehensiveness.

Chinhphu.vn

Source: https://baochinhphu.vn/lam-ro-tham-quyen-tham-dinh-thiet-design-fire-prevention-and-firefighting-102251112103948259.htm