Penalties for violations of fire prevention and fighting regulations in construction investment

Penalties for violations of fire prevention and fighting regulations in construction investment clearly stipulated in Decree 144/2021/ND-CP. These administrative fines differentiate between individuals and organizations, to ensure deterrence and compliance with the law. The article below will detail fines, remedial measures, and notes to avoid violations.

Penalties for violations of fire prevention and fighting regulations in construction investment

According to the provisions of Clauses 1, 2, 3, 4 and 5, Article 38 Decree 144/2021/ND-CP, the level of penalties for violations of fire prevention and fighting in construction investment is determined as follows:

1. A fine from 1,000,000 VND to 3,000,000 VND shall be imposed for not having measures and means to ensure fire safety during the construction process according to the provisions of law.
2. Fine from 8,000,000 VND to 15,000,000 VND for one of the following acts:

• Construction not in accordance with the fire protection design approved by the competent authority.
• Renovating, changing the nature of use of the building or converting motor vehicles without a certificate or document approving the fire prevention design.
• Erasing, correcting or falsifying the contents of approval certificates, approval documents, documents approving acceptance results or other documents related to appraisal and acceptance of fire prevention and fighting issued by competent authorities.

3. Fine from 15,000,000 VND to 25,000,000 VND for one of the following acts:

• Construction of works subject to fire protection approval without a certificate or design approval document on fire protection.
• Manufacturing motor vehicles subject to fire protection approval without having a certificate or document approving the fire protection design.

4. A fine from 30,000,000 VND to 50,000,000 VND shall be imposed for the act of putting construction items, works, and motor vehicles into use and operating without a written approval of the acceptance results on fire prevention and fighting.
5. A fine from 40,000,000 VND to 50,000,000 VND shall be imposed for putting construction items, works, and motor vehicles into use and operating without a certificate or document approving the fire prevention design.

Note: The fine level mentioned above is the level of fine applied to administrative violations committed by individuals. For organizations that commit the same violation, the fine is 2 times the fine for individuals.

Measures to overcome consequences of violations of fire prevention and fighting regulations in construction investment

In addition to being fined, violating organizations and individuals must also take remedial measures as prescribed in Clause 6 of Decree 144/2021/ND-CP, specifically:

• Forced to carry out fire prevention and fighting appraisal for the acts in point 2, case 2 and case 3 above.
• Forced to carry out acceptance of fire prevention and fighting for acts in case 4.
• Forced to carry out appraisal and acceptance of fire prevention and fighting for acts in case 5.
• Forced to return the certificate of approval, document of approval, document of approval of acceptance results on fire prevention and fighting for acts falling under point 3, case 2.

Notes to avoid penalties for violations of fire prevention and fighting regulations

To avoid being fined for violations of fire prevention and fighting regulations in construction investment, organizations and individuals need to comply with the following regulations:

• Ensure there are adequate fire protection measures and means during the construction process.
• Carry out construction in accordance with the approved fire protection design.
• Apply for a certificate or design approval document on fire protection before renovating, changing the nature of the building’s use or converting motor vehicles.
• Do not erase, modify or falsify the content of the approval certificate, approval document, acceptance document of acceptance results or other documents related to the appraisal and acceptance of fire prevention and fighting.
• Apply for a certificate or design approval document on fire protection before constructing works or manufacturing motor vehicles that require fire protection approval.
• Apply for written approval of acceptance results on fire protection before putting construction items, structures, and motor vehicles into use and operation.
• Strictly comply with all legal regulations in fire prevention and fighting.
• Understand the legal regulations on fire prevention and fighting.
• Regularly update the latest legal documents on fire prevention and fighting.
• Organize training and propaganda on fire prevention and fighting for officials and employees.

>>> See more: Standard Fire Prevention License Application Process.

Consulting and guidance services for applying for a professional fire protection license in Long Phan Consulting Company

Long Phan Consulting Company provides consulting services and guidance on applying for a professional fire protection license, including:

• Consulting on legal regulations on fire prevention and fighting.
• Advise on cases requiring a fire protection license.
• Instructions for preparing documents to apply for a fire protection license.
• Instructions on the order and procedures for applying for a fire protection license.
• Representing customers in working with competent authorities.
• Consulting on solving problems that arise during the process of applying for a fire protection license.
• Consulting on fire prevention and fighting solutions.
• Consulting and answering other issues related to fire protection licenses.

>>> See more: Full service of applying for a fire prevention and fighting license in Long Phan

Frequently Asked Questions (FAQ)

Below are frequently asked questions related to penalties for violations of fire prevention and fighting regulations:

What is the investor’s responsibility in ensuring fire protection?

The investor is responsible for ensuring that fire safety measures are implemented fully and in accordance with regulations throughout the construction investment process. This includes having enough means and fire protection equipment, constructing according to approved designs, and accepting fire protection before putting the project into use.

What is fire protection design approval and when does it need to be done?

Approval of fire protection design is when the competent authority checks and approves the fire protection design of the project, ensuring it meets safety standards. Approval should be performed when constructing new, renovating, or changing the nature of use of works subject to approval.

What is fire prevention acceptance and why is it necessary?

Fire protection acceptance is the process of inspecting and evaluating the results of implementing fire prevention measures of the project after completion of construction. This is to confirm that the project has met fire safety requirements before being put into use.

If the project has been put into use but has not yet been accepted for fire protection, how should it be handled?

The investor must urgently carry out fire protection acceptance procedures according to regulations. At the same time, administrative sanctions may be imposed according to the levels specified in Decree 144/2021/ND-CP.

Can I carry out fire protection appraisal and acceptance procedures myself?

Investors can do it themselves, but need to have professional knowledge of fire prevention and fighting and understand the legal regulations. Using professional consulting services will help ensure the accuracy and efficiency of this process.

Conclude

Complying with regulations on fire prevention and fighting in construction investment is the responsibility of every organization and individual. Understanding the regulations and penalties helps customers avoid risks and ensure project safety. If you have any questions, please contact Long Phan Consulting Company via the hotline: 0906735386 for advice and support.