Mr. N.V.T in Hanoi said that he invested in a project with a scale of a level I project, not using public investment capital. The project has been assessed by the feasibility study report since October 2024.
In the document announcing the appraisal results, the assessment section " Suitability of basic design solutions on ensuring construction safety, implementation of requirements on fire prevention, fighting, explosion and environmental protection" stated the content " Design solutions on fire prevention and fighting in the basic design documents of the project, which the consulting unit concluded and reviewed to meet the requirements.
The design solution of the fire prevention and fighting system is reasonable, in accordance with the scale, nature and function of the project, the dossier meets the requirements for the following contents: distance to ensure fire prevention and fighting safety; traffic is guaranteed to serve fire prevention, fire fighting, rescue and relief activities; escape solutions: escape steps, fire extinguishers are arranged in different order and in sufficient quantity according to regulations, arranged with functions and fire-resistant steps in accordance with QCVN 06:2022".
Currently, Mr. T's unit has carried out the design step after the basic design of the project. According to the provisions of the Law on Fire Prevention, Fire Fighting and Rescue 2024 (effective from July 1, 2025), the unit has submitted documents related to Point e, Point g (electrical system for fire prevention and fighting; fire prevention and fighting equipment and systems) under Clause 1, Article 16 of the Law to the police for appraisal after July 1, 2025.
Mr. T asked, at points a, b, c, d, dd (fire prevention and fighting distance; roads, parking lots, spaces serving fire prevention, fire fighting, rescue; escape solutions; expected fire-resistant levels for fire prevention and fighting solutions; smoke solutions) Clause 1, Article 16 of the Law on Fire Prevention, Fire Fighting and Rescue 2024, investors only need to organize an appraisal in the design step after the basic design according to Point d, Clause 1, Article 17 or must submit an appraisal to supplement the contents at points a, b, c, d, Clause 1, Article 16 in the feasibility study report step at the construction expert agency?
The Ministry of Construction responds to this issue as follows:
The Law on Fire Prevention, Fire Fighting and Rescue 2024 and Decree No. 105/2025/ND-CP take effect from July 1, 2025, accordingly, Point b, Clause 1, Article 17 of the Law stipulates:
The specialized construction agency shall organize the appraisal of the contents specified in Points a, b, c, d and d, Clause 1, Article 16 of this Law for projects subject to appraisal of fire prevention and fighting designs when conducting appraisal of the construction investment feasibility study report and appraisal of construction design implemented after the basic design according to the provisions of the law on construction.
According to the provisions of Clause 1, Article 58 of the Law on Promulgation of Legal Documents in 2025:
The legal document is applied from the time it takes effect.
Based on the above provisions, for works and projects that have been appraised by a construction expert agency for the feasibility study report on construction investment (qualified to approve and implement the next steps) according to the provisions of the law on construction before the effective date of the Law on Fire Prevention, Fire Fighting and Rescue in 2024 (from July 1, 2025) and are not under the authority to appraise the construction design implemented after the basic design at the construction expert agency, the investor and the owner of the project shall organize the appraisal of fire prevention and fighting contents for the construction design implemented after the basic design according to the provisions of Point d, Clause 1, Article 17 of the Law on Fire Prevention, Fire Fighting and Rescue in 2024 (including Points a, b, c and d, d, Clause 1, Clause 16, Article 16 of the Law on Fire Prevention, Fire Fighting and Rescue in 2024.
