Subleasing a factory from another enterprise makes the FDI tenant inherit an existing fire system, and who bears acceptance and remedy duties is usually asked only after inspectors find the system non-compliant. Questions like fire acceptance for factories subleased from another enterprise usually reach management only after the event; the cheapest handling always lies in preparing the file and following a compliance calendar from the year’s start.
Legal basis to settle first
The fire frame for fire acceptance for factories subleased from another enterprise runs from 01/7/2025 under Fire Prevention, Fighting and Rescue Law 55/2024/QH15 and guiding Decree 105/2025/ND-CP, as amended by Decree 347/2026/ND-CP (effective 15/9/2026). The facility operator bears fire duties toward authorities. Decree 105/2025/ND-CP also regulates compulsory fire and explosion insurance, with Appendix VII listing facilities that must buy it; for fire acceptance for factories subleased from another enterprise the old framework in Decree 23/2018/ND-CP has expired and must no longer be cited. Old acceptance records hold for unchanged parts. In fire acceptance for factories subleased from another enterprise, fire design approval and acceptance apply QCVN 06:2022/BXD on fire safety for buildings and works plus sector standards for each production type.
Applying the rules to your project
- The facility operator bears fire duties toward authorities. A facility’s fire safety duty attaches to whoever directly manages and uses it; a subleasing tenant cannot cite the lessor-built system to escape its own operating duty.
- Old acceptance records hold for unchanged parts. An accepted system stays recognized for its accepted scope if the status is unchanged; parts the enterprise adds or that degrade from poor maintenance must be handled and re-accepted by changed scope.
- Remedy costs split by cause fixed in the status record. Defects existing at handover are the lessor’s by agreement, damage arising during the lease is the tenant’s; without a status record, every cost dispute falls into the unprovable zone.
Recommended actions for the enterprise
- Before signing the sublease, require the factory’s full fire file: approval, acceptance and the latest inspection record.
- Hire a specialist to independently test the whole system before handover and sign a two-party status record.
- Turn the defect list and the lessor’s remedy commitment into a contract annex with concrete deadlines.
Conclusion for decision-makers
On fire acceptance subleased factory who is responsible, enterprises lose most not because the law is unfavorable but because they discover the problem late; a periodic review calendar costs far less than crisis handling.
Frequently Asked Questions
For a factory subleased from another company, who handles fire protection?
From the actual file’s perspective: The facility operator bears fire duties toward authorities. A facility’s fire safety duty attaches to whoever directly manages and uses it; a subleasing tenant cannot cite the lessor-built system to escape its own operating duty. The fire status record at handover decides every later duty split between lessor and sublessee. Keep supporting records year by year.
Can the old acceptance record still be used?
Short answer: Old acceptance records hold for unchanged parts. An accepted system stays recognized for its accepted scope if the status is unchanged; parts the enterprise adds or that degrade from poor maintenance must be handled and re-accepted by changed scope. The fire status record at handover decides every later duty split between lessor and sublessee. Check this against the project file first.
If the system fails standards, how is it handled?
In principle: Remedy costs split by cause fixed in the status record. Defects existing at handover are the lessor’s by agreement, damage arising during the lease is the tenant’s; without a status record, every cost dispute falls into the unprovable zone. The fire status record at handover decides every later duty split between lessor and sublessee. If authority is unclear, ask in writing.
Who pays remedy costs?
The distinction that matters: The facility operator bears fire duties toward authorities. A facility’s fire safety duty attaches to whoever directly manages and uses it; a subleasing tenant cannot cite the lessor-built system to escape its own operating duty. The fire status record at handover decides every later duty split between lessor and sublessee. Fix verbal understandings in writing.
This article has been quality-reviewed by the FLAW AI Legal Council
