Question: My business, which operates in manufacturing and trading, has a certain number of regular employees and is subject to fire safety regulations. We are concerned about whether it is mandatory to establish a Fire Prevention, Fighting, and Rescue Team at the facility. If so, what is the minimum number of members, what are the regulations and policies applicable to the members, and what are the legal responsibilities of the head of the facility?
Answer:
1.Obligation to establish an internal Fire Prevention, Fighting, and Rescue Team
Pursuant to Clause 2, Article 20 of Decree No. 105/2025/NĐ-CP, facilities subject to fire prevention and fighting management under Appendix I issued with this Decree, which have 20 or more regular employees, are responsible for establishing an internal Fire Prevention, Fighting, and Rescue Team.
In cases where the facility has fewer than 20 regular employees, the law does not mandate the establishment of an internal Fire Prevention and Fighting Team, however the facility must still assign persons to perform Fire Prevention and Fighting & Rescue tasks in writing.
The establishment and maintenance of the internal Fire Prevention and Fighting Team's activities are the responsibility of the head of the facility.
2. Number of members of the internal Fire Prevention and Fighting Team
The minimum number of members for an internal Fire Prevention, Fighting, and Rescue Team is determined based on the scale of regular employees at the facility. Specifically, according to Clause 5, Article 20 of Decree No. 105/2025/NĐ-CP, it is determined as follows:
- From 20 to 50 regular employees: Minimum of 10 members, including 01 Captain and 01 Deputy Captain.
- From over 50 to 100 regular employees: Minimum of 15 members, including 01 Captain and 02 Deputy Captains.
- Over 100 regular employees: Minimum of 25 members, including 01 Captain and 03 Deputy Captains.
Additionally, if the facility has multiple workshops or departments working independently or in shifts, each department, workshop, or shift with over 100 regular employees must establish 01 Fire Prevention, Fighting, and Rescue Unit under the internal Fire Prevention, Fighting, and Rescue Team, with a minimum of 05 members, including 01 Unit Leader (Clause 4 and Point d, Clause 5, Article 20).
3. Regimes and policies for members of the internal Fire Prevention and Fighting Team
Current law does not stipulate a fixed monthly allowance for members of the internal Fire Prevention and Fighting Team. However, according to Clause 1, Article 31 of Decree No. 105/2025/NĐ-CP, in cases of participation in professional fire prevention and fighting & Rescue training and coaching, relevant subjects are entitled to a daily allowance regime, specifically:
- For each day of professional training or coaching, members receive an allowance equal to 0.3 of the regional minimum daily wage.
- During the training period, employees are entitled to leave work while receiving full salary and otherregimes paid by the direct management unit; they are also provided with food, accommodation, and reimbursement for travel expenses according to regulations.
- The direct management unit is responsible for paying this allowance.
The regional minimum daily wage is determined by the monthly regional minimum wage divided by 26 days.
4. Responsibilities of the head of the facility in establishing the internal Fire Prevention and Fighting Team
The head of the facility is the primary legal subject responsible for organizing, maintaining, and ensuring the operational conditions of the internal Fire Prevention, Fighting, and Rescue Team. This responsibility includes, but is not limited to, the following:
- Issuing the decision to establish the internal Fire Prevention and Fighting Team and assigning specific tasks to each member;
- Organize periodic drills for fire fighting and rescue operations in accordance with regulations (at least once per year);
- Ensuring funding, equipment, and PCCC meansto serve the Team's activities;
- Regularly supervising, inspecting, and maintainingthe activities of the internal Fire Prevention and Fighting Team.
Failure to perform or fully perform the above obligations may lead to administrative sanctions in accordance with the law on fire prevention and fighting.
Consultancy: Labour and employment services
