Legal Update 03/2026

ENTERPRISE - COMMERCE

Decree No. 69/2026/ND-CP dated March 6, 2026 of the Government amending and supplementing a number of articles of Decree No. 106/2025/ND-CP dated May 15, 2025 of the Government on administrative penalties in the fields of fire prevention, firefighting, rescue, and salvage.

Decree No. 69/2026/ND-CP was issued to amend and supplement a number of articles of Decree No. 106/2025/ND-CP regarding administrative penalties in the fields of fire prevention, firefighting, rescue, and salvage. One notable key update is the clarification of responsibilities for organizations and individuals operating within a facility, as well as tenants, borrowers, and temporary residents of residential property; accordingly, these entities will face penalties corresponding to their responsibilities as prescribed by law. Notably, the Decree stipulates that for multiple repeated administrative violations of the same fault within the same facility, penalties will not be imposed separately for each instance; instead, a single penalty will be applied along with aggravating circumstances. Additionally, violation processing procedures on electronic platforms are officially implemented in accordance with current regulations on the enforcement of the Law on Handling of Administrative Violations.

Regarding technical regulations and the statute of limitations, the Decree provides detailed guidance on determining the end point of a violation to calculate the statute of limitations for administrative penalties concerning activities such as professional training, design approval, and fire safety acceptance testing. Specific fine amounts are also set for various violations; for example, a fine ranging from VND 6,000,000 to VND 8,000,000 is imposed for assigning individuals to perform fire prevention, firefighting, rescue, and salvage duties without official notification of their training results. Violations concerning inspection records, compulsory fire and explosion insurance, or failure to assign personnel to work with inspection teams have also been amended and supplemented regarding both fine amounts and remedial measures, such as compelling the purchase of insurance or the presentation of required records. For equipment provisioning and emergency exit safety, the Decree tightens requirements on maintaining and installing fire alarm and firefighting systems, as well as fire-rated assemblies like fire doors, walls, and curtains. Failure to maintain required fire safety clearance distances between structures may result in a fine ranging from VND 20,000,000 to VND 25,000,000. Additionally, supplementary penalties—such as temporary suspension of operations for 1 to 12 months—are strictly applied to serious violations regarding acceptance testing or exit safety. Finally, the Decree expands and clearly delineates the sanctioning authority of various functional forces, including Chairpersons of People’s Committees at all levels, the People’s Public Security, Border Guard, Forest Protection, Fisheries Resources Surveillance, Coast Guard, and specialized Inspectorates. Notably, new authority has been granted to heads of specialized state management agencies, such as Directors of the Departments of Construction, Industry and Trade, and Agriculture and Environment, within their respective scope of management. The Decree takes effect on April 20, 2026, accompanied by specific transitional provisions to address violations occurring before and after its effective date.