The boom of the cold chain, warehouse automation, and cross-border e-commerce is transforming Vietnam into a key regional logistics hub. However, alongside the increasing volume of goods, the legal framework for operational safety—specifically Fire Prevention and Fighting (FPF)—is being tightened more than ever. For Foreign Direct Investment (FDI) enterprises, FPF compliance is no longer a mere administrative procedure; it has become a vital factor determining supply chain continuity.
In practice, failing to properly assess functional use and fire load, or arbitrarily modifying warehouse systems without re-inspection, can lead to operational suspension, insurance cancellation, or even criminal liability for business heads. This article by DEDICA Law Firm provides a comprehensive, in-depth, and systematic overview of the latest FPF regulations applicable to warehouse operations in Vietnam as of 2026.
1. Core Legal Framework Governing Warehouse FPF in 2026
To build a sustainable compliance strategy, the Legal and Operations departments of FDI enterprises must master the following "pivot" legal documents:
- Law on Fire Prevention, Fighting, and Rescue 2024: The highest legal document shaping the duties and responsibilities of investors and facility operators.
- Government Decree No. 105/2025/ND-CP: Details the list of warehouse types under strict FPF management and decentralizes authority for design approval and post-inspection.
- National Technical Regulation QCVN 06:2022/BXD (and amendments): Mandatory technical standards for fire safety in buildings and structures, directly applied to warehouse architectural design, load-bearing structures, fire separation distances, and escape solutions.
2. Classification of Warehouses and Management Scope
Under Decree No. 105/2025/ND-CP, Vietnamese authorities categorize warehouses based on two factors: Area/Volume and the Fire/Explosion Risk Level of the stored goods.
2.1. List of Warehouses Under Strict Supervision
Current law details specific facilities subject to special monitoring, including:
- General merchandise warehouses and container yards.
- Specialized cold storage (food, pharmaceuticals).
- Paint, chemical, and industrial solvent warehouses.
- Electrical equipment and electronic component warehouses.
- Agricultural products, construction materials, packaging, and paper warehouses.
2.2. Criteria for Mandatory FPF Design Approval
FDI enterprises should note that the obligation to undergo design appraisal or merely maintain internal records depends on scale and technical characteristics:
3. Mandatory FPF Safety Conditions for Operating Facilities
According to Articles 23 and 24 of the Law on FPF & Rescue 2024, a warehouse must maintain the following strict safety conditions:
- Management Systems and Internal Records:
- Regulations & Signage: Establish FPF internal rules, escape route diagrams, "No Fire" signs, and "No Smoking" signs tailored to the warehouse layout.
- Rescue Plans: Develop fire-fighting and rescue plans approved by competent authorities; organize annual drills for the grassroots FPF force.
- Technical Standards for Electrical and Technological Systems:
- Specialized Equipment: Lighting, ventilation, and electric handling equipment (electric forklifts) in chemical or general warehouses must be explosion-proof.
- Monitoring & Maintenance: Enterprises must periodically inspect lightning protection grounding and electrical systems. Faulty wiring or equipment must be replaced immediately to eliminate fire risks from overloading.
- Digital Solutions in Safety Management:
- Warehouses must be equipped with automatic fire alarm transmission devices. This system must connect directly to the specialized FPF Database of the authorities for real-time incident reporting.
4. The 3-Phase Process: Approval, Construction, and Acceptance
For new FDI warehouse projects, FPF legal procedures must be implemented synchronously following this workflow:
- Phase 1: FPF Design Approval before Construction: Under Clause 3, Article 17 of the Law on FPF & Rescue 2024, investors may only commence construction after receiving a Written Approval of FPF Design from the Police Department of FPF & Rescue.
- Phase 2: Construction and Design Adjustment Control: Contractors must build strictly according to approved drawings.
LEGAL NOTE: If any changes occur regarding function or safety conditions during construction, the enterprise must perform design adjustment and re-approval procedures before continuing. - Phase 3: Acceptance and Pre-operation Inspection: The investor organizes the acceptance of the FPF system. The facility can only be put into use after the competent authority issues a Written Result of FPF Acceptance Inspection (Article 18, Law on FPF & Rescue 2024).
5. Risk Analysis: Legal Pitfalls and Post-Inspection Reality
Through consulting FDI logistics firms, DEDICA Law Firm identifies two major risk groups during the operational phase:
- The "Unauthorized Functional Change" Trap: Common in 3PL operations. A warehouse approved for "General Goods" is shifted to store electronics (high fire load from foam/plastic) or chemicals without re-approval.
- Consequence: Heavy fines, immediate suspension, and potential denial of insurance claims due to increased risk levels and breach of compliance.
- Incompatibility between Structure and Fire Systems: Installing modern sprinklers but failing to use fire-rated panels (EI standard) or blocking sprinkler heads with racking systems. This results in failing the final police inspection.
6. Strategic Recommendations from DEDICA Law Firm
- For Greenfield Investors (Building New): Integrate FPF design from the start alongside architectural plans and Environmental Impact Assessments (EIA). Correcting FPF errors after the foundation is poured is exponentially more expensive.
- For Asset-Light Investors (Tenants): Conduct Legal Due Diligence before signing a lease. Require the landlord to provide the Construction Permit and, crucially, the Written Result of FPF Acceptance Inspection. Ensure lease contracts clearly define the landlord's liability for system maintenance and business interruption losses.
7. Conclusion
The FPF legal corridor in Vietnam 2026 leaves no room for "coping" mentalities or temporary fixes. Robust FPF compliance is the shield protecting investor assets, confirming corporate prestige, and ensuring an uninterrupted supply chain.
📞 Contact DEDICA Law Firm: If your business is facing obstacles in design approval, system acceptance, or requires legal due diligence for a warehouse site, contact the lawyers at DEDICA for strategic and comprehensive consulting solutions.
