|
THE
GOVERNMENT
-----
|
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------
|
|
No:
14/2001/ND-CP
|
Hanoi, April 25, 2001
|
DECREE
ON THE MANAGEMENT
OF THE SECURITY SERVICE BUSINESS
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
In order to unify the State management over the security service business and
to meet the requirement of ensuring security, order and socio-economic
development;
At the proposal of the Minister of Public Security,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.-
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
a/ Human protection;
b/ Property and goods protection;
c/ Manufacture and repair of special technical
means and equipment used exclusively for security services.
2. The targets and objects on the
State-prescribed list to be safeguarded and protected by the peoples army and
the peoples police forces and the objects prescribed by law to be protected by
the security forces of agencies and enterprises shall not fall under the scope
of regulation of this Decree.
Article 2.-
1. Only enterprises that are established and
have registered for business activities according to the provisions of this
Decree and other relevant law provisions may conduct the security service
business.
2. The following organizations and individuals
shall not be allowed to establish and manage the security service business
enterprises:
a/ Organizations and individuals that are banned
from establishing and managing enterprises under the Enterprise Law and other
legal documents;
b/ Those who are being subject to other
administrative handling measures, are serving non-custodial reform, are being
subject to residence ban or probation, or are banned by the court from
conducting the security service business;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
d/ Foreign organizations and individuals,
overseas Vietnamese, foreign-invested enterprises or enterprises owned by
overseas Vietnamese.
3. The following organizations and individuals
shall not be allowed to directly provide security services:
a/ Organizations and individuals specified in
Clause 2 of this Article;
b/ Foreign organizations and individuals,
overseas Vietnamese, foreign-invested enterprises or enterprises of overseas
Vietnamese, except for a number of activities of manufacturing and repairing
special technical means and equipment exclusively used for security services
specified at Point c, Clause 1, Article 1 of this Decree.
Article 3.- All
organizations and individuals engaged in the security service business shall
have to strictly observe the provisions of this Decree and other relevant law
provisions; submit to the guidance, inspection and violation-handling by the
competent State bodies.
Article 4.- It is strictly
forbidden to establish enterprises for conducting secret investigation, armed
security activities or acts of taking advantage of the security service
business to infringe upon the States interests, legitimate rights and interests
of organizations and individuals.
All acts of violating the provisions of this
Decree and other relevant law provisions on the organization and operation of
the security service business must be detected in time and strictly handled
according to law provisions.
Chapter II
RESPONSIBILITIES OF THE SUBJECTS ENGAGED IN SECURITY
SERVICE BUSINESS ACTIVITIES
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. The establishment and business registration
of the security services or the expansion of the scope and geographical area of
operation, and the addition of security service business lines shall have to
comply with the provisions of this Decree and other relevant law provisions on
each type of enterprise.
2. In the dossiers of application for business
registration certificates or for addition of security service business lines,
there must be "certificates of satisfaction of security and order
conditions" issued by the Police Offices of the provinces or centrally-run
cities.
The State bodies competent to grant business
registration certificates or permit the addition of security service lines may
grant business registration certificates only upon the availability of
"certificates of satisfaction of security and order conditions
conditions."
Article 6.-
1. A dossier of application for
"certificate of satisfaction of security and order" consists of:
a/ An application for the "certificate of
satisfaction of security and order conditions";
b/ The dossier addressed to a competent State
body, applying for security service business registration certificate or
addition of security service business lines;
c/ A list and CVs (affixed with photos and
certified by the Police Offices of the communes of residence) of the founders
and those who are expected to hold key posts in the enterprise;
d/ The regulations on the organization and
operation, scope and scale of the security service business.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
For cases of ineligibility or incomplete
dossiers as required in Article 6 of this Decree, the Police Offices shall have
to clearly inform in writing the dossiers submitters of the reasons therefor or
request the completion of such dossiers.
3. The applicants for "certificates of
satisfaction of security and order conditions" shall have to pay a fee.
The fee rates and the regime on fee management and use shall be prescribed by
the Ministry of Finance.
Article 7.- Within 10 days
before conducting the security service business, the heads of the enterprises
shall have to inform in writing the provincial-level Police Offices of the
addresses of their head offices, the location and the time of commencement of
operation and, at the same time, attach therewith the copies of their business
registration certificates and the lists of their leadership and management
members.
Article 8.-
Where a security service business enterprise has
registered its business in one province while permitted to open its branch(es)
or representative office(s) or regularly providing security services in other
provinces, it shall, within 10 days before starting such operation, have to
inform such in writing and send therewith a list of its employees expected to
work in these provinces to the Police Offices of these provinces.
Article 9.- The heads of
the security service business enterprises must be those who have clear personal
backgrounds, possess necessary legal knowledge and professional qualifications
suited to the enterprises under their management, have experiences in the
security work and do not fall in one of the cases specified in Clause 2,
Article 2 of this Decree.
Article 10.-
1. Employees of the security service business enterprises
must be those who have clear personal backgrounds (certified by the Police
Offices of the communes of their residence) and do not fall in one of the cases
specified in Clause 3, Article 2 of this Decree.
2. When on duty, employees of the security
service business enterprises shall have to wear security guards badges and
carry security guards certificates, issued by the enterprises directors, for
production when necessary.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 12.-
1. The import and export of special technical
means and equipment exclusively used for security services must be permitted in
writing by the Ministry of Public Security before applying for the import or
export permits.
2. Establishments that manufacture special
technical means and equipment exclusively used for security services must
clearly inscribe their names on their products and shall have to register with
and send the product samples to the provincial-level Police Office for archive.
Chapter III
RESPONSIBILITIES OF THE MINISTRIES, BRANCHES AND THE
PEOPLE�S COMMITTEES OF DIFFERENT LEVELS IN THE MANAGEMENT OF THE SECURITY
SERVICE BUSINESS ACTIVITIES
Article 13.- The Minister
of Public Security shall be accountable to the Government for performing the
State management function in the security and order domain regarding the
security service business activities nationwide and have the following tasks
and powers:
1. To prescribe concrete security and order
conditions in the security service business activities;
2. To direct the Police Offices of various
levels to supervise and guide the observance of the regulations on security and
order in the security service business activities; inspecting the security
profession training program and contents; handling according to their
competence acts of violating the regulations on security and order in the
organization and operation of the security service business enterprises;
3. To propose the Government to promulgate or
amend legal documents related to the assurance of security and order in the
security service business activities.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 15.- The Peoples
Committees of various levels shall perform the function of State management
over the security service business activities according to their competence and
under the direction and guidance of the Ministry of Public Security according
to the provisions of this Decree and other relevant law provisions.
Chapter IV
COMMENDATION AND HANDLING OF VIOLATIONS
Article 16.- Individuals
and organizations engaged in the security service business activities, that
have made positive contributions to the security and order protection, shall be
considered for commendation and reward according to general provisions of the
State.
Article 17.- In the course
of operation, the security service business enterprises shall have to observe
the regulations on security and order under the guidance of the Police Offices.
All acts of violating the provisions of this
Decree and other relevant law provisions on the security service business
organization and activities shall, depending on their nature and seriousness,
be subject to administrative sanctions or penal liability examination. If any
property damage is caused, compensation must be paid therefor according to law
provisions.
If detecting that security service business
enterprises employ those who are unqualified under the provisions of Article 2
of this Decree, the Police Offices may request such enterprises to immediately
terminate the employment of such persons.
Article 18.- All acts of
abusing positions and powers, violating law provisions on the granting of
business registration certificates and "certificates of satisfaction of
security and order conditions" or other violations in the management of
the security service business activities shall, depending on the their nature
and seriousness, be subject to administrative disciplines or penal liability
examination.
Chapter V
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 19.-
1. Enterprises with 100% domestic capital, which
are permitted to conduct the security services business activities before the
promulgation of this Decree, shall not have to re-carry out the business
registration procedures but, within 60 days as from the effective date of this
Decree, have to carry out additional procedures as prescribed in this Decree.
2. Enterprises already permitted by competent
State bodies to enter into joint ventures with foreign organizations,
individuals or overseas Vietnamese for conducting the security services business
activities before the promulgation of this Decree, may continue operation till
the expiry of the term inscribed in their licenses but must neither expand the
scope and/or geographical area of their operation nor add new security service
lines. During the time of continued operation, they shall have to observe the
provisions of this Decree and other relevant law provisions.
3. Domestic enterprises, enterprises of joint
venture with foreign organizations, individuals or overseas Vietnamese, that
are conducting the security service business activities without permission of
competent State bodies, shall have to terminate their operation.
Article 20.- This Decree
takes implementation effect 15 days after its signing.
The Ministry of Public Security shall guide in
detail the implementation of this Decree.
Article 21.- 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.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.