Decree 69/2026/ND-CP: Amendments to Administrative Penalties for Fire Prevention, Firefighting and Rescue

Overview

Decree 69/2026/ND-CP was issued by the Government on March 6, 2026, amending Decree 106/2025/ND-CP dated May 15, 2025, which sets administrative penalties for fire prevention, firefighting and rescue (PCCC) violations. The decree takes effect on April 20, 2026.

Scope and Enforcement Principles

The decree revises the definition of penalized parties under point i, clause 2, Article 2, clarifying that it covers 'organizations directly assigned to manage a facility, and organizations operating within the scope of a facility' under PCCC law.

Three new principles are added to Article 3:

• Organizations or individuals that repeatedly commit the same violation at one facility are penalized once, with an aggravating circumstance applied, rather than for each separate instance.
• Organizations operating within a facility, or organizations and individuals renting, borrowing, or staying in housing, are penalized according to their respective responsibilities under PCCC law.
• Violations processed in an electronic environment follow Articles 28a and 28b of Decree 118/2021/ND-CP, as amended by Decree 190/2025/ND-CP.

The decree also revises how the end date of a violation is determined for calculating the statute of limitations on penalties, covering violations related to safety training, design appraisal, acceptance testing, and construction works not subject to design appraisal.

Revised and Added Fine Brackets

Notable specific changes include:

• A fine of 6 to 8 million VND for personnel performing fire safety duties without a training completion notice.
• A new remedial measure requiring businesses to purchase mandatory fire and explosion insurance when their existing coverage does not cover the required scope or premium amount (Article 17).
• Suspension of operations for 1 to 6 months, or 3 to 12 months depending on severity, for violations related to fire safety design appraisal and acceptance testing (Article 18).
• A new violation category for failing to equip sufficient or technically compliant motorized firefighting and rescue equipment (Article 20).
• A fine of 3 to 5 million VND for failing to maintain sufficient common firefighting equipment or required firefighting water reserves (Article 21).
• Fines of 5 to 7 million VND for failing to maintain installed fire-resistant materials, doors, partitions, or curtains; 20 to 25 million VND for failing to maintain required fire-safety distances between buildings; and 30 to 40 million VND for failing to install such fire-resistant materials in the first place (Article 25).

The decree also repeals several duplicate or outdated provisions (clause 8, Article 21; clause 6, Article 23; clause 3, Article 24; point d, clause 9, Article 25).

Authority to Record Violations and Impose Penalties

The decree comprehensively revises Article 29 on the authority to record administrative violations, and Articles 31 to 36 on penalty authority for the People's Police, Border Guard, Forest Rangers, Fisheries Surveillance, Coast Guard, and specialized inspectorates, with maximum fines ranging from 2.5 million to 50 million VND depending on rank, along with powers to confiscate evidence, suspend operations, and revoke licenses (design appraisal documents, fire safety acceptance approvals).

A new Article 36a grants penalty authority to heads of specialized state management agencies, including directors of the Departments of Construction, Industry and Trade, and Agriculture and Environment (fines up to 40 million VND), and the head of the Insurance Supervisory Authority along with heads of construction-specialty agencies under relevant ministries (fines up to 50 million VND).

Division of Authority by Sector (Article 37)

New clauses clarify penalty authority by management sector: the Border Guard (Articles 7, 14, 15, 16, 20, 21); directors of the Departments of Construction, Industry and Trade, and Agriculture and Environment (Articles 18, 23, 24, 25); the head of the Insurance Supervisory Authority (point b, clause 4, Article 17, relating to mandatory fire and explosion insurance); the head of the Vietnam Register (Articles 18, 19, 20, 21, 22, 25); and heads of organizations managing construction-specialty agencies under relevant ministries (Article 18).

Effective Date and Transitional Provisions

The decree takes effect on April 20, 2026. Violations that occurred and ended before the effective date, but where the statute of limitations has not expired or the case is still under review, are handled under the decree in effect at the time of the violation. Violations that began before the effective date but are still ongoing when the decree takes effect are handled under the new provisions. Penalty decisions already issued or fully executed before the effective date, if still under appeal, continue to be resolved under the rules in effect when the decision was issued.

Recommendations for Businesses

Businesses that own or lease fire-risk premises (factories, warehouses, offices, shopping centers) should review fire safety training records for staff, verify that mandatory fire and explosion insurance coverage meets the required scope and premium, and check that fire alarm systems, firefighting systems, escape routes, and fire-resistant materials meet technical requirements before April 20, 2026, to avoid fines or forced suspension of operations.