|
THE
GOVERNMENT
----
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------
|
|
No:
08/2001/ND-CP
|
Hanoi,
February 02, 2001
|
DECREE
PRESCRIBING THE
SECURITY AND ORDER CONDITIONS TO BE MET BY A NUMBER OF CONDITIONAL BUSINESS
LINES AND TRADES
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to Enterprises Law No. 13/1999/QH10 of June 12, 1999;
Pursuant to Article 11 of the Ordinance on the Vietnam People�s Police Force of January 28,
1989;
In order to enhance the work of guarding the national security, social order
and safety; guarantee the legitimate business rights of organizations and
individuals in business activities, thus contributing to the socio-economic
development;
At the proposal of the Minister of Public Security,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- This Decree
prescribes the security and order conditions which must be met by a number of
business lines and trades, which, in the course of operation, relate much to
social security, order and safety (hereinafter collectively referred to as the
business lines and trades involving security and order conditions).
All Vietnamese and foreign organizations and
individuals; overseas Vietnamese, that are engaged in business lines and trades
in Vietnam specified in Article 2 of this Decree, shall, irrespective of
economic sectors, have to comply with the provisions of this Decree and other
relevant legal documents.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. Group of business lines and trades with
"Certificate of security and order qualification":
a/ Seal engraving;
b/ Manufacture, trading, repair and rent of
hunting guns, manufacture and trading of hunting gun cartridge and supporting equipment;
c/ Manufacture and trading of industrial
explosive materials, as well as production and business lines which involve the
use of industrial explosive materials;
d/ Trading in inflammable gases and liquids;
dealing in high-rise buildings (with more than 10 stories) which are used as
hotels, dwelling apartments or working offices.
2. Group of business lines and trades which
require commitments to comply with the regulations and conditions on security
and order:
a/ Rent of accommodations, lease of houses to
foreigners;
b/ Printing;
c/ Pawning service;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3. For the security and order conditions for
security service providing activities, the Government shall stipulate in
separate documents.
4. Basing itself on the situation and
requirements of the State management over security and order in each period,
the Ministry of Public Security shall have to report and propose to the
Government business lines and trades involving security and order conditions
for appropriate readjustment.
Article 3.- All acts of
taking advantage of business lines and trades involving security and order
conditions to infringe upon the social security, order and safety or commit
other law-breaking acts are strictly prohibited.
Chapter II
SECURITY AND ORDER CONDITIONS, THE PROCEDURES AND
RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS CONDUCTING CONDITIONAL
BUSINESS LINES AND TRADES
Article 4.- Security and
order conditions include:
1. Conditions on the business subjects:
The heads of the establishments engaged in
business lines or trades involving security and order conditions must have
clear backgrounds and do not fall into one of the following cases:
a/ Minors; persons with limited civil act
capacity or persons who have lost their civil act capacity;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
c/ Persons who are banned by court from holding
positions or practicing jobs related to business lines and trades involving
security and order conditions, subject to residence ban, servicing imprisonment
sentences, are on probation or subject to one of other administrative handling
measures, such as: education in communes, wards or district townships,
consignment to reformatories, medical establishments or administrative
probation;
d/ Persons who had been sentenced for offenses
of infringing upon the national security, particularly serious offenses and
other offenses directly related to the said business lines and trades involving
security and order conditions, but not yet have their criminal records wiped
out.
2. Conditions on business establishments:
a/ Meeting the conditions of safety in fire
prevention and fighting, explosion and poisoning prevention and environmental
hygiene;
b/ Ensuring public order and safety;
c/ Being not located in the restricted areas
prescribed by law.
Article 5.- Organizations
and individuals engaged in business lines and trades involving security and
order conditions shall be allowed to conduct their business activities only
after being granted by the Police Department in charge of administrative
management of social order under the Ministry of Public Security or
provincial-level Public Security Offices "certificate of security and
order qualifications" (for groups of trades specified in Clause 1, Article
2 of this Decree) or upon having committed themselves to strictly comply with
the security and order regulations and conditions with the provincial/district
Public Service Offices (for group of trades specified in Clause 2, Article 2 of
this Decree).
Article 6.- A dossier of
application for "certificate of security and order qualifications"
comprises:
1. An application for "certificate of
security and order qualifications";
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3. The curriculum vitae of the head of the
business establishment engaged in business lines and trades involving security
and order conditions.
In addition to the above generally prescribed
papers, the Ministry of Public Security shall base itself on the security and
order conditions prescribed in Clauses 1 and 2, Article 4 of this Decree to
specify dossiers suitable to each business line or trade.
Within 10 days after receiving complete
dossiers, the Police Department in charge of administrative management of
social order under the Ministry of Public Security or the provincial-level
Public Security Offices shall have to grant "certificate of security and
order qualifications" to organizations and individuals engaged in business
lines and trades involving security and order conditions. In cases where the
conditions are not fully met, the Police Offices shall have to notify in
writing the organizations and individuals applying for business licenses and
business registration bodies of the refusal to grant certificates, clearly
stating the reasons therefor.
Article 7.- As soon as a
business establishment goes bankrupt, has its operation ceased, is dissolved or
merged with another establishment, or no longer conducts lines or trades
specified in Clause 1, Article 2 of this Decree, its certificate of security
and order qualifications shall no longer be valid. In cases where a business
establishment changes its business line or trade as specified in Clause 1,
Article 2 of this Decree, its business location or its head, it shall have to
declare such to the police office that has granted the certificate and
supplement its dossier for the granting of new certificate.
Organizations and individuals that apply for
"certificates of security and order qualifications" shall have to pay
a fee prescribed by the Finance Ministry.
Article 8.- Organizations
and individuals engaged in business lines and trades specified in Clause 2,
Article 2 of this Decree, when submitting their written commitments to the
provincial- or district-level police offices, shall have to enclose the
following papers:
1. The curriculum vitae of the head of the
establishment engaged in a business line or trade involving security or order
conditions;
2. A copy of the business registration
certificate.
In addition to the above generally prescribed
papers, the Ministry of Public Security shall base itself on the requirements
of security and order protection to specify the dossier suitable to each line
or trade.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. To notify in writing the police offices of
communes, wards and district townships, where the business establishments are
located, of the time point they officially commence their business operations;
2. To comply with the regulations on security
and order in this Decree and the guidance of the Ministry of Public Security
for each specific line or trade;
3. To detect and promptly report to the police
offices cases or suspicions related to security and order in the business
course;
4. To abide by the instructions and to submit to
the inspection of security and order by the competent police offices.
Article 10.- The
heads of the establishments engaged in business lines and trades involving
security and order conditions shall be held responsible before law for all operations
of the establishments they are in charge of.
Chapter III
RESPONSIBILITIES AND POWERS OF THE MINISTRIES,
BRANCHES AND PEOPLE�S
COMMITTEES OF ALL LEVELS FOR MANAGING ACTIVITIES OF ESTABLISHMENTS ENGAGED IN
BUSINESS LINES AND TRADES INVOLVING SECURITY AND ORDER CONDITIONS
Article 11.- The Ministry
of Public Security shall:
1. Exercise the uniform State management over
security and order for conditional business lines and trades specified in this
Decree nationwide;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3. Give professional instructions and fostering
courses on security and order protection to guarding forces of establishments
engaged in business lines and trades involving security and order conditions;
4. Prescribe the regime of supplying information
and reporting on the observance of the regulations on security and order
applicable to conditional business lines and trades according to the provisions
of this Decree;
5. Guide the order and procedures for granting
"certificates of security and order qualifications", and receive
commitments to comply with the regulations and conditions on security and order
from organizations and individuals engaged in business lines and trades
involving security and order conditions;
6. Guide the police forces of all levels in
conducting inspections of security and order in the establishments engaged in
business lines and trades involving security and order conditions with the
following inspecting contents:
a/ Checking valid papers on business lines and
trades involving security and order conditions; and comparing the business contents
inscribed in the licenses with the actual business operations of the
establishments;
b/ Inspecting the observance of the security and
order conditions according to the provisions of this Decree and the Ministry of
Public Securitys guidance for each type of trade;
c/ Inspecting persons and means related to
operations of establishments that show signs of breaking law as prescribed;
d/ The inspection must be conducted in strict
compliance with the inspecting procedures according to the Governments current
regulations on inspection and examination of enterprises.
Article 12.- The
Ministry of Planning and Investment and the Ministry for Foreign Affairs shall
have to coordinate with the Ministry of Public Security in:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. Guiding foreign organizations and individuals
and overseas Vietnamese to apply for licenses for investment in business lines
and trades involving security and order conditions according to the provisions
of this Decree;
Article 13.- The Finance Ministry
shall assume the prime responsibility and coordinate with the Ministry of
Public Security in guiding the collection and use of fees for granting
"certificates of security and order qualifications" to organizations
and individuals engaged in business lines and trades involving security and
order conditions.
Article 14.- The
ministries, the ministerial-level agencies, the agencies attached to the
Government, the Peoples Committees of the provinces and centrally-run cities
shall, within the ambit of their functions, tasks and powers, have to
coordinate with the Ministry of Public Security in managing and inspecting
operations of organizations and individuals engaged in business lines and
trades involving security and order conditions under their respective
management.
Chapter IV
COMMENDATION, REWARDS AND HANDLING OF VIOLATIONS
Article 15.- Organizations
and individuals that record achievements in implementing this Decree shall be considered
for commendation and/or rewards according to the provisions of law.
Article 16.- Organizations
and individuals engaged in business lines and trades involving security and
order conditions that violate the provisions of this Decree and other relevant
legal documents shall, depending on the nature and seriousness of their
violations, be administratively sanctioned, have their operations suspended or
their "certificates of security and order qualifications" withdrawn,
or be examined for penal liability according to the provisions of law.
Article 17.- Those who
abuse their positions and powers to wrongly implement law provisions on
management of and inspection and handling of violations in the conditional
business lines and trades prescribed in this Decree shall, depending on the
nature and seriousness of their violations, be disciplined, administratively
sanctioned or examined for penal liability according to the provisions of law.
Chapter V
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 18.- Organizations
and individuals that are engaged in business lines involving security and order
conditions and have already been granted "certificates of security and
order qualifications" according to the Governments Decree No.17/CP of
December 23, 1992, if fully meeting the conditions prescribed in this Decree,
shall be allowed to continue their business operations without having to make
written commitments or having their "certificates of security and order
qualifications" renewed. However, they shall, in the course of business
operation, have to comply with the provisions of this Decree and guiding
documents of the Ministry of Public Security.
Article 19.- This Decree
takes effect 15 days after its signing and replaces the Governments Decree
No.17/CP of December 23, 1992 on management of special business lines.
The Minister of Public Security shall have to
guide, inspect and monitor the implementation of this Decree.
Article 20.- The
ministers, the heads of the ministerial-level agencies, the heads of the
agencies attached to the Government and the presidents of the Peoples
Committees of the provinces and centrally-run cities shall have to implement
this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai