Trần Thị Như Quý - Junior Associate

Lê Hữu Tiến – Paralegal

The fire and explosion situation has been complicated in recent times, especially in big cities, densely populated urban areas with many new types of facilities emerging, causing significant losses in terms of human lives and property, affecting security and order, social life, and a stable environment for socio-economic development. According to statistics from the Department of Fire Prevention, Fighting and Rescue in 2024, there were 4,112 fires nationwide, resulting in 100 deaths and 89 injuries, and causing preliminary property damage of about 657.45 billion VND. Compared to the same period in 2023, the number of fires increased by 558 cases, the number of deaths decreased by 50 people, and property damage increased by 248.09 billion VND. Realizing the urgency to strengthen solutions, measures and requirements to improve the effectiveness of State management of fire prevention and fighting, at the 8th Session of the 15th National Assembly on 29 November 2024, the Law on Fire Prevention, Fighting and Rescue No. 55/2024/QH15 (“Law on Fire Prevention and Rescue 2024”) was passed to replace the Law on Fire Prevention, Fighting and Rescue No. 27/2001/QH10 dated June 29, 2001 (“Law on Fire Prevention and Rescue 2001”), accordingly adjusting and supplementing the following notable contents:

1. Fire prevention conditions for houses combined with production business

General conditions for houses combined with production business:

1. Meet the fire prevention safety conditions for houses prescribed in Article 20 of the Law on Fire Prevention and Rescue 2024 (i) Install and use electrical equipment to ensure fire prevention safety conditions; (ii) Arrange cooking stoves, places of worship, and burning votive papers to ensure safety; do not place flammable and explosive objects or substances near fire sources or heat sources; (iii) Have fire prevention and fighting equipment suitable to the capacity and actual conditions to be ready to fight fires and escape; (iv) Arrange and maintain escape routes, emergency exits or paths to ensure escape;

2. Have prohibition signs, warning signs, and directional signs according to regulations; and

3. There must be solutions to separate or prevent fire between the residential area and the production, business area of ​​goods with fire and explosion risks.

Special conditions for housing combined with production and business of flammable and explosive goods:

1. No sleeping area is arranged in the production and business area;

2. There are fire alarms, ventilation solutions, and equipment to detect leaks of flammable and explosive gases suitable for the function and nature of the housing combined with production and business of flammable and explosive goods; and

3. The area for production and business of flammable and explosive goods must be fire-proofed from the escape route of the residential area.

2. More specific and complete regulations on responsibilities in ensuring safety conditions when using electricity at facilities and households.

In the installation and use of electricity for daily life:

1. Comply with regulations on safety in using electricity for daily life according to the provisions of the law on electricity;

2. When connecting electricity for daily life, electricity retailers must advise on the installation and use of electrical systems and equipment to ensure fire safety;

3. The installation and use of electrical wires and electrical equipment in the home must ensure electrical safety requirements according to the provisions of law; regularly check, promptly repair and replace electrical wires and electrical equipment that do not ensure fire safety; and

4. Only use electric vehicle charging equipment that meets national technical standards; the place where electric vehicle is charged in the home must have solutions to ensure fire safety; the charging area for electric motor vehicles in the house must also have fire prevention solutions and be equipped with appropriate firefighting equipment, ensuring standards.

In the installation and use of electricity for production:

1. Comply with regulations on safety in the use of electricity for production according to the provisions of the law on electricity and the provisions in Point b and Point c, Clause 1 of this Article;

2. Electrical equipment used in environments with fire and explosion hazards must be specialized equipment according to the provisions of law.

3. Supplementing prohibited acts in fire prevention, fighting and rescue

Law on Fire Prevention and Rescue 2024 supplements the following prohibited acts:

1. Insulting and threatening the fire prevention and fighting and rescue forces performing their duties;

2. Taking advantage of and abusing the fire prevention, fighting, rescue and rescue tasks to commit illegal acts, harass and infringe upon the interests of the State, the rights and legitimate interests of agencies, organizations and individuals;

3. Falsifying or distorting the results of fire prevention and fighting design appraisals and the results of fire prevention and fighting acceptance inspections;

4. Reporting fake rescue and rescue situations;

5. Converting or adding functions to works and construction items that do not ensure fire prevention and fighting safety according to the provisions of law; and

6. Encroaching or placing obstacles that hinder the operation of firefighting, rescue and mechanical rescue vehicles.

4. Transitional provisions

1. Dossier of procedures related to fire prevention, firefighting, rescue and salvage that have been received by competent authorities before the effective date of the Law on Fire Prevention and Rescue 2024 but have not been resolved by the effective date shall continue to be resolved in accordance with the provisions of the Law on Fire Prevention and Rescue 2001.

2. Investment projects for construction of works, works, and means of transport that have been granted a certificate of design approval for fire prevention and fighting by the Public Security agency but have not yet been approved for the results of fire prevention and fighting acceptance by the effective date of the Law on Fire Prevention and Rescue 2024 shall continue to be implemented in accordance with the provisions of the Law on Fire Prevention and Rescue 2001.

3. Facilities that do not ensure fire prevention and fighting requirements and are put into use before the effective date of the Law on Fire Prevention and Rescue 2001 and have regulations on handling solutions issued by the Provincial People's Council shall continue to comply with the Resolution issued by the Provincial People's Council and must complete the remediation of fire prevention and fighting safety requirements.

4. The handling of facilities that do not meet fire prevention and fighting requirements and are unable to remedy them according to technical standards and regulations at the time of putting them into operation before the effective date of the Law on Fire Prevention and Rescue 2024 is assigned to competent agencies, organizations and individuals to review and propose solutions according to regulations.

The Law on Fire Prevention and Rescue 2024 has been amended and supplemented with many important contents, which shall take effect from 01 July 2025 to strengthen management and ensure fire safety in Vietnam. Individuals and businesses need to clearly understand and comply with the new regulations to ensure safety as well as avoid being punished by the authorities.

Here is our advice on New regulations on fire prevention and firefighting for businesses. As a professional corporate lawyer team in the field of investment, we are always ready to provide our clients with optimal solutions in terms of efficiency, cost, and simplified legal procedures. Please visit our DIMAC Website and other News Category to get the latest updates on legal advice and market experience sharing.