Clarifying the authority to appraise fire prevention and fighting designs

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

At Point d, Clause 1, Article 17 of the Law on Fire Prevention, Fire Fighting and Rescue, it is stipulated that the investor and owner of the construction shall organize the appraisal of the contents specified in Point e and Point g, Clause 1, Article 16 of this Law for the construction design implemented after the basic design of the construction which is not subject to the appraisal of fire prevention and fighting design by the Public Security agency. That is, for constructions not included in Appendix III, the investor must self-appraise the fire prevention and fighting design.

However, according to Clause 1, Article 6 of Decree No. 105/2025/ND-CP, the investment decision maker, investor, and construction owner shall self-appraise the fire prevention and fighting design according to the provisions of Point a and Point d, Clause 1, Article 17 of the Law on Fire Prevention, Fighting and Rescue for construction investment projects and construction 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 fire prevention and fighting design appraisal by specialized management agencies, so is it reasonable that Clause 1, Article 6 of Decree No. 105/2025/ND-CP stipulates that investors and owners self-appraise the design of projects and works specified in Appendix III? Are the provisions at Point d, Clause 1, Article 17 of the Law on Fire Prevention, Fighting and Rescue and the provisions at Clause 1, Article 6 of Decree No. 105/2025/ND-CP contradictory?

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

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

For projects subject to appraisal of investment construction feasibility study reports, construction designs implemented after basic designs at specialized construction agencies and included in Appendix III attached to Decree No. 105/2025/ND-CP must have their fire prevention and fighting designs appraised by specialized construction agencies.

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

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

"1. When establishing or adjusting construction investment projects, designing works, renovating or changing the function of works specified in Clause 7, Article 2 of this Law and constructing temporary works according to the provisions of the law on construction, there must be solutions and designs on fire prevention and fighting suitable to the function and characteristics of the works and ensuring the following requirements:

a) Fire prevention and fighting distance;

b) Roads, parking lots, and open spaces serving fire prevention, firefighting, rescue, and relief activities;

c) Escape solutions;

d) Estimated fire resistance level, fire prevention and fire spread prevention solutions;

d) Smoke control solutions;

e) Electrical system for fire prevention and fighting;

g) Fire prevention and fighting equipment and systems".

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

For works 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 work and is not subject to appraisal at a specialized construction agency, the investor and owner of the work shall organize appraisal of the contents specified in points a, b, c, d and dd, Clause 1, Article 16 of the Law on Fire Prevention, Fire Fighting and Rescue.

The regulation that investors and owners of construction works must organize the appraisal of fire prevention and fighting designs for construction works that are not subject to appraisal by specialized construction agencies is necessary to ensure requirements on fire prevention and fighting.

For projects not included in Appendix III of Decree No. 105/2025/ND-CP, the investor and owner of the project shall organize the appraisal of the contents specified in Point e and Point g, Clause 1, Article 16 of the Law on Fire Prevention, Fire Fighting and Rescue for construction designs 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, Fire Fighting and Rescue do not contradict each other but stipulate different cases to ensure comprehensiveness.

Chinhphu.vn

Source: https://baochinhphu.vn/lam-ro-tham-quyen-tham-dinh-thiet-ke-phong-chay-chua-chay-102251112103948259.htm