| THE GOVERNMENT ------- No. 46/2012/ND-CP | THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness --------------- Hanoi, May 22, 2012 |
DECREE
ON AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT'S DECREE NO. 35/2003/ND-CP OF APRIL 04, 2003 ON DETAILING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LAW ON FIRE PREVENTION AND FIGHTING AND THE GOVERNMENT'S DECREE NO. 130/2006/ND-CP OF AUGUST 11, 2006 ON THE COMPULSORY FIRE AND EXPLOSION INSURANCE REGIME
Pursuant to the Law on Government organization of December 25, 2001;
Pursuant to the Law on Fire prevention and fighting of June 29, 2001;
At the proposal of the Minister of Public Security;
The Government promulgates the Decree on amending and supplementing a number of articles of the Government's Decree No. 35/2003/ND-CP of April 04, 2003 on detailing the implementation of a number of articles of the Law on Fire prevention and fighting and the Government's Decree No. 130/2006/ND-CP of November 08, 2006 on the compulsory fire and explosion insurance regime,
Article 1. Amending and supplementing a number of articles of the Decree No. 35/2003/ND-CP of April 04, 2003 on detailing the implementation of a number of articles of the Law on Fire prevention and fighting (hereinafter referred to as the Decree No. 35/2003/ND-CP)
1. Clause 3 Article 9 is amended and supplemented as follows:
“3. The fire prevention and fighting safety conditions prescribed in Clause 1 this Article must be organized and sustained throughout the operation.
The heads of the facilities prescribed in Appendix 2 of this Decree must send written commitments to the Fire department on the fulfillment of the conditions for fire prevention and fighting before the operation, enclosed with the documents and papers proving such fulfillment, in particular:
- The copy of the Fire prevention and fighting approval certificate and the written acceptance of fire prevention and fighting;
- The written statistics of the means of fire prevention and fighting; equipment and means of rescue that have been equipped to the facility;
- The decision on establishing the internal fire prevention and fighting team enclosed with the list of the persons that have undergone the fire prevention and fighting training;
- The fire fighting plan;
- The copies of the regulations, signboards, diagrams or guiding boards of fire prevention and fighting and escape consistent with the operation characteristics and properties of the facility;
- The regulation on the fire prevention and fighting duty and task assignments of the facility;
- The technical safety process of fire prevention and fighting consistent with the operation characteristics and properties of the facility;
The Ministry of Public Security shall promulgate the forms of commitments, notifications, the enclosed documents and the Fire department reception of the written commitments.”
2. Clause 2 Article 12 is amended and supplemented as follows:
“2. The motor transport with special requirement for fire prevention and fighting including ships, trains specialized in transporting passengers, petroleum, inflammable liquid, gas, explosives, inflammable chemicals, explosive chemicals must be examined, approved and accepted regarding fire prevention and fighting before the manufacture or transformation.. Before being put into use, the transport owners must send written commitments to the Fire department on the fulfillment of the conditions for fire prevention and fighting, enclosed with the documents and papers proving such fulfillment, in particular:
- The copy of the Fire prevention and fighting approval certificate and the written acceptance of fire prevention and fighting;
