Thematic

New points of Decree 136/2020/ND-CP November 24, 2020

22/06/2023

On November 24, 2020, the Government issued Decree No. 136/2020/ND-CP 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. Law on Fire Prevention and Fighting.

Accordingly, Decree No. 136/2020/ND-CP details 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 (Decree Decree No. 136/2020/ND-CP) includes 09 chapters and 54 articles with 09 attached appendices. This Decree regulates fire prevention and fighting activities, organization of fire prevention and fighting forces and means, business of fire prevention and fighting services, funding to ensure fire prevention and fighting activities, Responsibilities of ministries, ministerial-level agencies, Government agencies, and People’s Committees at all levels in fire prevention and fighting activities. In addition to detailing a number of articles of 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, the Decree also stipulates a number of enforcement measures to concretize the regulations. content prescribed by the Law.

This Decree replaces Decree No. 79/2014/ND-CP dated July 31, 2014 of the Government detailing the implementation of a number of articles of 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 (Decree No. 79/2014/ND-CP). Compared to Decree No. 79/2014/ND-CP, Decree No. 136/2020/ND-CP retains 01/58 articles, amends and supplements 47/58 articles, abolishes 10/58 articles, and builds new ones. 06 articles, amending and supplementing 05/06 appendices, abolishing 01/06 appendices and building 04 new appendices.

Some new points of the Decree include:

(1) Fully and detailed regulations on administrative procedures on fire prevention and fighting accompanied by forms to ensure consistency and improve the efficiency of administrative reform during implementation (of which Supplementing procedures for licensing the transportation of goods dangerous to fire and explosion, procedures for inspecting fire prevention and fighting equipment; simplifying and reducing a number of administrative procedures on fire prevention and fighting such as: Reduction number of documents and time limit for handling procedures for approval, acceptance, inspection, issuance of fire prevention and fighting consulting practice certificates…; removing the regulation on the time of experience participating in consulting activities design, consulting, supervision, construction, and installation of fire prevention and fighting systems; remove the list of establishments that must notify the Fire Prevention and Fighting Police agency about ensuring safety conditions. fire prevention and fighting before being put into use);
(2) add some types of establishments to the list of establishments subject to fire prevention and fighting management (group houses, boarding houses, primary schools, secondary schools), residential houses combined with fire prevention and fighting products. exporting and trading of goods, flammable substances, and goods contained in flammable packaging for households; road tunnels, railway tunnels with a length of 500m or more…);
(3) regulate socialization in the inspection of fire prevention and fighting equipment…

Regarding inspection work, based on Directive No. 20/CT-TTg dated July 13, 2018 on strengthening reform of specialized inspection activities and reducing and simplifying business conditions. Decree No. 136/2020/ND-CP has regulated the direction of reducing the number of times the Fire Prevention and Fighting Police periodically inspects establishments during the year, instead strengthening the role and responsibilities of the head of the establishment. , owners of motor vehicles have special requirements to ensure fire prevention and fighting safety, household owners and forest owners in self-inspection of fire prevention and fighting safety.

In addition, this Decree also stipulates the list of establishments managed by the Commune People’s Committee to ensure compliance with the new organizational model of the Ministry of Public Security and maximize decentralization of management to the local level. basis for enhancing the responsibility of authorities at all levels in fire prevention and fighting.

Currently, the Ministry of Public Security has completed the draft Circular guiding the implementation of Decree No. 136/2020/ND-CP, expected to be issued in 2020 to ensure there are no legal gaps and create favorable conditions. beneficial for implementing agencies, organizations and individuals.

This Decree takes effect from January 10, 2021./.

https://khshield.com/wp-content/uploads/2021/03/Nghi-Dinh-136_2020.pdf