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GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.: 96/2016/ND-CP
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Hanoi, July 01,
2016
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DECREE
PROVIDING
FOR SECURITY AND ORDER CONDITIONS FOR A NUMBER OF CONDITIONAL BUSINESS SECTORS
Pursuant to the Law on
Organization of the Government dated June 19, 2015;
Pursuant to the Law on Investment dated November 26, 2014;
Pursuant to the Law on Enterprises dated November 26, 2014;
Pursuant to the Law on
People’s Public Security Forces dated November 27, 2014;
At the request of Minister of Public Security;
The Government promulgates a Decree to provide for security and order conditions
for a number of conditional business sectors.
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GENERAL PROVISIONS
Article 1. Scope
This Decree provides for security and order
conditions, the state management and responsibilities of organizations and
individuals in business sectors subject to security and order conditions in the
territory of Vietnam.
Article 2. Regulated entities
This Decree applies to Vietnamese agencies,
organizations and individuals, and foreign entities involved in conditional
business activities, and the establishment, permission, registration and
management of business sectors subject to security and order conditions.
Article 3. Business sectors
subject to security and order conditions and scope of management
1. Seal production, consisting
of: Production of the seals bearing the national Emblem of
the Socialist Republic of Vietnam, the seals bearing symbol as
well as those without it in accordance with regulations of the law on
management and use of seals.
2. Combat gear trading,
consisting of: Production, assembly, import, export and trading in combat gears, bullets and accessories of combat
gears; repair of combat gears.
3. Firecracker trading,
consisting of: Production, processing, import, export and trading in fireworks,
other firecrackers and powder in accordance with regulations of the law on
management and use of firecrackers.
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5. Massage services,
consisting of: Use of physical therapies for massage or manual therapies to
improve human health.
Massage services provided by health facilities for
medical treatment and employment centers for providing jobs to the disabled are
not governed by this Decree.
6. Trading of warning devices
of emergency vehicles, consisting of: Production, assembly, import, export and
trading of vehicle warning flags, lights and sirens.
7. Security services,
consisting of: Protecting people, assets, subjects and legal activities of
agencies, organizations and individuals.
Security services which are provided to protect
subjects/objects under the Government’s List of subjects/objects protected by
People’s Public Security Forces and People’s Army Forces, and security
activities at agencies or enterprises as referred to in the Decree No. 06/2013/ND-CP dated January 09, 2013 providing for the security
at agencies and enterprises are not governed by this Decree.
8. Trading of paintball guns, consisting of: Production, assembly, import,
export and trading of paintball guns, paintballs or
pellets and accessories of paintball guns;
repair of paintball guns; supply of paintball shooting services.
9. Electronic casino game
services for foreigners.
10. Debt collection services, consisting of: Collection of debts in cash or in kinds for agencies, organizations or individuals
under authorization contracts.
11. Casino business,
consisting of: Games of chance in casino business.
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13. Gas business, consisting
of: Gas business activities provided for in the Decree No. 19/2016/ND-CP
dated March 22, 2016 on gas business.
14. Industrial explosive
business, consisting of: Production, import, export, trading, recycling,
maintenance, transportation and destruction of industrial explosives.
Research, development and testing on industrial
explosives are not governed by this Decree.
15. Explosive precursor business,
consisting of: Production, import, export, trading, maintenance, transportation
and destruction of ammonium nitrate of high content (98.5%
or higher) (hereinafter referred to as explosive precursors).
16. Business operations with
use of industrial explosives and explosive precursors, consisting of:
Operations with use of industrial explosives for construction of works,
exploration and exploitation of minerals and petroleum; use of explosive precursors
for production of industrial explosives.
17. Blasting services, consisting of: Provision of services with use of
industrial explosives to serve the construction of works,
exploration and exploitation of minerals and petroleum to agencies,
organizations or individuals on their legitimate demand.
18. Printing services,
consisting of: Prepress, press and postpress activities (except for screen
printing establishments and photocopy establishments) for producing the
following products:
a) Publications (except for Braille books, audio or
video recordings which are used as substitutes or illustrations for books);
b) Newspapers, magazines and other
press publications as prescribed by the press law;
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d) Anti-counterfeit stamps;
dd) Packages, stamps and labels of pharmaceuticals,
pharmaceutical chemicals, medicines and functional foods (except
for the cases where producers of pharmaceuticals,
pharmaceutical chemicals, medicines and functional foods
themselves carry out package, stamp and label printing);
e) Financial invoices; papers with pre-printed face value or for inscription of face values.
19. Trading in mobile phone jammers, consisting of: Production, import, export and trading
in devices used to prevent mobile phones from receiving signals from base
stations.
20. Plastic surgery services,
consisting of: Using medical techniques to perform surgery for the purpose of alternation
of shape or appearance of body parts.
21. Karaoke and dance club
business:
a) Karaoke services, consisting of: Singing
activities along with prerecorded music with images or with aid by other audio
and video recording technologies;
b) Dance club business, consisting of: Dancing
activities at dance club service providers as prescribed by laws.
Activities of dance classes are not
governed by this Decree.
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Leasing of houses by organizations or individuals
to Vietnamese people or foreigners (with house lease agreements) for the
purpose of residence, study or working is not governed by this Decree.
23. Trading in military clothing and equipment of the armed forces, military weapons, technologies,
devices, and vehicles for the military forces and police forces; parts, components, supplies,
specialized equipment, and technologies for manufacturing
thereof, consisting of:
a) Production and trading in military clothes and
hats; army badges and insignia of People’s Military Forces and People’s Public
Security Forces;
b) Production, assembly, import, export, trading,
transportation and repair of small-size military handguns as referred to by
regulations of the law on management and use of weapons, explosives and combat gears, radar speed guns to inspect speed of motor vehicles, breathalyzers, GSM phone trackers and other
types of phone trackers.
Parts, components, supplies,
specialized equipment, and technologies for manufacturing small-size
military handguns, radar speed guns, breathalyzers, GSM phone trackers and other
types of phone trackers.
Article 4. Interpretation of
terms
In this Decree, these terms are construed as
follows:
1. Security and order are the
abbreviations of the phrase "national security,
social order and security”.
2. Business sectors subject to
security and order conditions refer to business sectors mentioned in Article 3
of this Decree, which have complicated factors occurring in the course of
business in connection with security and order, and are easily exploited to
commit crimes and other violations against the laws.
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a) Enterprises;
b) Cooperatives, cooperative unions;
c) Branches and subsidiaries
of enterprises, cooperatives and cooperative
unions;
d) For-profit administrative units that
are affiliated to agencies or organizations and engage in business sectors
subject to security and order conditions;
dd) Household business establishments.
4. Multiple business
establishments with a single location mean that several business establishments
use the same business address or locate in the same business precinct.
5. Persons in charge of
security and order of business establishments are:
a) Legal representatives or managers of business
establishments or proprietors of business establishments whose names are
registered in documents prescribed in Clause 2 Article 19 of this Decree;
b) Persons whose names are specified in
Certificates of satisfaction of security and order conditions upon the
authorization of persons mentioned in point a of this Clause.
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7. Security guard certificate
is a document granted by a competent police authority to a security guard who
has been successful in the testing.
8. Legitimate copies are copies
which have been compared to the originals thereof or printed from the National Business Registration Portal with certification of the
application-receiving officers, or copies taken from the master
registers or copies authenticated by competent authorities.
Article 5.
Operating rules and the management of business sectors subject to security and
order conditions
1. Any Vietnamese
or foreign entities engaging in business
sectors subject to security and order conditions that meet conditions in
this Decree and comply with other regulations of relevant laws are eligible to
carry out business activities and obtain Certificates of satisfaction of
security and order conditions.
2. The management of business
sectors subject to security and order conditions must be carried out in a
transparent and openness manner. Security and order must be ensured in order
that business activities may be conducted in an effective manner.
Article 6. Prohibited acts
1. The business establishment
carries out business activities when it does not apply for issuance of
Certificate of satisfaction of security and order conditions or has its
Certificate of satisfaction of security and order conditions revoked.
2. Take advantage of business
sectors subject to security and order conditions to perform acts that infringe
on security and order, or are inconsistent with the morals, or infringe on the
national habits and customs.
3. Lend, rent, buy or sell a Certificate of sastisfaction of security and order conditions.
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5. Use security services to
infringe on lawful rights and interests of an entity.
6. Security services with use of force or threat to use force in order to
jeopardize, hinder or cause difficulties to routine activities or to infringe
upon lawful rights and interests of an entity.
7. Collect debts without
authorization contract signed by a creditor or giving
notice to the police authority of commune/ward/commune-level town where the
debt collection is made before collecting debts.
8. Make obstacle or fail to
comply with the inspection or settlement of violations by a competent police
authority or regulatory body.
9. Make corrupt use of
position and rights to reject the application for issuance of Certificate
of sastisfaction of security and order conditions or issue a Certificate of sastisfaction of security and order conditions
inconsistently with regulations in this Decree; cause obstacle or trouble or
infringe on the entity’s freedom of business; screen illegal
acts committed by a person who involves in activities of a business
establishment in business sector subject to security and order conditions.
Chapter II
SECURITY AND ORDER
CONDITIONS
Article 7.
General security and order conditions for all business sectors
1. A business establishment
must be registered, licensed or established under the law of Vietnam.
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a) Vietnamese citizens:
A person has been criminally
prosecuted and being under the investigation, prosecution
or adjudication by a Vietnamese or foreign
procedural body.
A person has a criminal record on
infringing upon the national security or deliberate commission of a crime liable to a prison term of 03 years or more which has not yet been expunged; or is suspended from serving a prison sentence; or is serving a non-custodial rehabilitation; or is
under the mandatory supervision, or the prohibition from
residence or holding certain position or running a business sector subject to
security and order conditions upon the court’s decision.
A person is liable to the
compulsory educational measures at the community; is waiting for a decision on
imposition of an administrative penalty granted; is addicted to drug; is
suspended from the compliance with a decision on serving a sentence in
correctional institution or rehabilitation center; or has
faced an administrative penalty but the period for being considered as not yet
facing an administrative penalty is not satisfactory as regulated;
b) Vietnamese people who hold foreign passport and
reside abroad, and foreigners:
A person is not permitted by a competent authority
of Vietnam to stay in Vietnam.
3. Conditions on fire
prevention and fighting have been satisfied as referred to by the law on fire
prevention and fighting.
Article 8.
Business sectors requiring security and order guarantee plan
1. A business establishment
that engages in any of the following business sectors must
have a security and order guarantee plan.
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b) Firecracker trading;
c) Trading in paintball guns;
d) Providing electronic casino game
services for foreigners;
dd) Casino service;
e) Betting services;
g) Trading in industrial explosives;
h) Trading in explosive precursors;
i) Business lines with use of industrial explosives and explosive precursors;
k) Blasting services;
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m) Accommodation service (if the business
establishment is an enterprise);
n) Trading in small-size military handguns.
2. A security and order guarantee
plan must include the following basic contents:
a) Identification of specific regions/subjects
requiring intensive security and order measures;
b) Security and order measures;
c) Regular security and order forces;
d) Facilities;
dd) Organizational and instructional measures;
e) The cooperation with the local competent
authorities where the business activities are carried out;
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Article 9. Security and order
conditions for pawnshop service
Apart from conditions mentioned in Article 7 of
this Decree, a business establishment that provides pawnshop service must
satisfy the following conditions:
The person in charge of security and order of a
business establishment providing pawnshop service must have at least 05 years
of registered permanent residence at the commune/ward/commune-level town where
the business location is registered, and within 05 years preceding the business
registration date, has not faced any administrative penalty for any of the
following violations: resistance of law enforcement officers, disturbance of
public order, deliberate infliction of injuries, usury,
gambling, organization of gambling or gambling-dens, theft, obtaining property
by fraud, or illegal impoundment of property.
Article 10.
Security and order conditions for providing debt collection services
Apart from conditions mentioned in
Article 7 of this Decree, a business establishment that provides debt
collection service must satisfy the following conditions:
The person in charge of security and
order of a business establishment providing debt collection service must have at least 05 years of registered permanent residence
at the urban (or suburban) district/ district-level town/ provincial
city where the business location is
registered, and within 05 years preceding the business registration date, has not faced any
administrative penalty for any of the following violations: resistance of law
enforcement officers, disturbance of public order, deliberate infliction of
injuries, usury, gambling, organization of gambling or gambling-dens, or
insults to another person.
Article 11.
Security and order conditions for providing security service
Apart from conditions mentioned in
Article 7 of this Decree, a security service
provider must satisfy the following conditions:
1. It must be an enterprise.
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3. A Vietnamese security
service provider sets up a joint venture with a foreign security service
provider:
The Vietnamese security service provider is only
allowed to set up a joint venture with a foreign security service provider in
case where it requires the investment in machinery and/or technical facilities
provided that the foreign security service provider shall only contribute
capital to purchase machinery and/or technical facilities to serve security
works.
4. A foreign security service
provider contributes capital to a Vietnamese security service provider:
a) It must be an enterprise that has been providing
security service for at least 05 consecutive years;
b) The representative of the capital contributed by
the foreign security service provider has never faced any administrative
penalty from warnings or higher level for violations against regulations on security
service by a competent law enforcement agency in a foreign country where
security service is provided;
c) The capital amount contributed by foreign
security service provider is only spent on purchase of machinery and/or
technical equipment to serve security works. The minimum capital contributed by
the foreign security service provider is USD 1,000,000
(one million US dollars). The valuation of machinery/technical equipment shall
be conducted by the competent valuation authority at district level or higher,
and the security service provider must pay valuation fees.
Article 12. Conditions
for organization of security guard training courses
1. Only the following entities
may organize security guard training courses:
a) Security service providers mentioned in Clause 3
of this Article;
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c) Professional improvement and training centers
affiliated to police authorities at provincial level or higher;
d) If security service providers mentioned in
Clause 3 of this Article want to train security guards for other security
service providers, they must comply with regulations of the law on vocational
education.
2. Security guard training
establishments mentioned in points b,c and d Clause 1 of this Article must
submit documents granted by competent authorities to prove their functions to
provide security guard training courses, enclosed with security guard training
curricula and programs to the competent police authorities mentioned in Article
24 of this Decree. Contents of the training curriculum are provided for in
point d Clause 3 of this Article.
3. If a security service
provider itself organizes security guard training courses, it must satisfy the
following conditions:
a) Classrooms and training places must be available
for trainee security guards;
b) That security service provider must have at
least 03 years of experience in security service sector. The security guard
training board must be established;
c) It must have at least 300 security guards or
above;
d) Teachers of security guard training classes must
be available or contracted. Such teachers must have appropriate qualifications
and possess three-year associate degrees or higher (except for kung fu);
dd) It must have security guard training program
and curriculum. The training curriculum includes basic contents about politics,
law, professional skills of a security guard, communication skills, fire
prevention and fighting, first aid skills, management and use of combat
gears, basic kung fu movements for self-defense and controlling
attackers, and other contents according to actual requirements by protected
subjects. The minimum duration of a security guard
training course is 30 days.
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Article 13.
Business conditions for certain business sectors
Apart from conditions mentioned in
Article 7 and Article 8 of this Decree, a number of business establishments must satisfy the
following conditions:
1. Only business establishments that are affiliated
to Ministry of Public Security are eligible for produce
seals bearing the national Emblem of the
Socialist Republic of Vietnam and those bearing police symbol. Only
business establishments that are affiliated to Ministry of
National Defence are eligible to produce the seals bearing military
symbol, except for business establishments that have carried out business
operations before the effective date of this Decree.
2. Only business establishments that are affiliated
to Ministry of National Defence or Ministry
of Public Security may carry out business activities in paintball guns
(except for business establishments providing paintball shooting services); military clothing and equipment of the armed forces, military weapons,
technologies, devices, and vehicles for the military forces and police forces;
parts, components, supplies, specialized equipment, and technologies for
manufacturing thereof.
3. Only business establishments that are not
affiliated to the armed forces or the police forces but have obtained written
approval from the competent bodies of the armed forces or the police forces in
accordance with regulations by Ministry of National Defence or
Ministry of Public Security, or have entered into
contracts as referred to by regulations of applicable laws are eligible to
trade in military clothing and equipment of the armed forces,
military weapons, technologies, devices, and vehicles for the military forces
and police forces; parts, components, supplies, specialized equipment, and
technologies for manufacturing thereof.
4. Only business establishments that are affiliated
to Ministry of National Defence or Ministry
of Public Security are eligible to trade in mobile phone jammers.
5. Only business establishments that
are affiliated to Ministry of National Defence are eligible to trade in firecrackers.
Chapter III
CERTIFICATE OF
SASTISFACTION OF SECURITY AND ORDER CONDITIONS
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Certificates of satisfaction of security and order
conditions (Form No. 01 stated in the annex herein) are issued by competent
police authorities to business establishments that engage in
business sectors mentioned in Article 3 of this Decree.
Article 15.
Validity of certificate of sastisfaction of security and order conditions
1. A certificate of sastisfaction of
security and order conditions shall not have expiry date, except for the
cases mentioned in Clause 2 of this Article.
2. The validity of a certificate of
sastisfaction of security and order conditions must be defined in the
following cases:
a) If a business establishment has a fixed
operating duration as referred to by the law or as defined in the documents
mentioned in Clause 2 Article 19 of this Decree or the Permit granted by the
sector authority to that business establishment with fixed operating duration,
the validity of Certificate of satisfaction of security and order conditions
shall not exceed duration specified in the said documents;
b) If a business establishment engages in a
business sector with use of industrial explosives for construction of works,
exploration and exploitation of minerals or petroleum, the validity of
Certificate of satisfaction of security and order conditions must conform to
the period specified in the document about such construction of works,
exploration and exploitation of minerals or petroleum.
3. If documents/permits prescribed in
Clause 2 of this Article are valid for 10 years or more, certificates of
satisfaction of security and order conditions shall not have expiry date.
4. Relevant business establishments are responsible
for providing documents/permits specifying operating duration to competent
police authorities.
Article 16.
Persons authorized to act as holders of Certificates of sastisfaction of
security and order conditions
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If the authorization is made outside the territory
of Vietnam, the letter of authorization must be legalized by relevant overseas
diplomatic mission of Vietnam. Both principal and attorney must bear
responsibility for compliance with regulations on security and order in this
Decree and other relevant regulations of the law of Vietnam.
Article 17.
Management and use of certificate of sastisfaction of security and order
conditions
1. The person in charge of security and order of
the business establishment shall properly manage the issued Certificate of
satisfaction of security and order conditions and present it to the competent
police authorities or regulatory bodies at their request.
2. The person in charge of security
and order of the business establishment shall maintain the
Certificate of satisfaction of security and order conditions during the
period when business activities of such business establishment are suspended. A Certificate of sastisfaction of security and order conditions is
invalid in case the business establishment is declared bankrupt or stops its
operations. The business establishment must return the issued
Certificate of sastisfaction of security and order conditions to the
competent police authority within 05 days from the date it was declared
bankcupt or stopped its operations.
Article 18.
Revocation of Certificate of sastisfaction of security and order conditions
A certificate of sastisfaction of
security and order conditions shall be revoked in the
following cases:
1. Permanent revocation:
a) Use forged documents or provide false
information to falsify the nature of documents in the
application for issuance of certificate of satisfaction of security and order
conditions;
b) After granting a Certificate of satisfaction of
security and order conditions, the competent police authority conducts
verification and discovers that the business establishment fails to meet
conditions in this Decree and within 40 days from the date on which a written
conclusion that security and order conditions are unsatisfied, it does not
implement remedial measures;
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d) A business establishment is dissolved or
declared bankrupt in accordance with the laws;
dd) Business activities are suspended or the
business establishment has any of its documents mentioned in Clause
2 Article 19 of this Decree revoked
by a competent authority;
e) A Certificate of satisfaction of security and
order conditions is lent, rent or sold;
g) A Certificate of satisfaction of security and
order conditions is permanently revoked at the request of a competent authority
because business activities of the business establishment are exploited to
infringe on the security and order;
h) The capital contributed by foreign party in a
security service provider with foreign investment to purchase machinery and
technical facilities to serve provided security services is unsatisfied as
regulated in this Decree.
2. Revocation for 03 to 06 months:
a) The business establishment carries out business
activities or has business location other than those specified in the issued
certificate of satisfaction of security and order conditions;
b) After 30 days from the date on which an
administrative penalty is imposed for failure to maintain security and order
conditions prescribed in Articles 7, 8, 11 and 12 of this Decree, the business
establishment still fails to implement remedial actions;
c) Contents in the issued Certificate of
satisfaction of security and order conditions are altered or erased;
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dd) A business establishment fails to submit
quarterly report to the competent police authority as regulated for 04
consecutive quarters.
3. Competent police authorities shall revoke Certificate of sastisfaction of security and order conditions in
cases referred to in Clause 1 and Clause 2 of this Article by granting revocation
decisions.
The police authority must send a written notice of
the revocation to the business registration agency or the competent authority
that granted operation license to the business establishment.
Chapter IV
APPLICATION DOSSIERS,
PROCEDURES AND POWER TO ISSUE CERTIFICATE OF SASTISFACTION OF SECURITY AND
ORDER CONDITIONS, AND SECURITY GUARD CERTIFICATE
Article 19.
Application dossiers for issuance of new certificates of satisfaction of
security and order conditions for all business sectors
1. The application form for issuance of Certificate of satisfaction of security and order conditions made
by the business establishment (Form No. 03
stated in the Annex herein).
2. Legitimate copy of any of the following
documents:
a) Business registration certificate; Certificate
of enterprise registration; Certificate of investment registration; Certificate
of operation registration of enterprise’s branch or affiliate; Certificate of
registration of cooperative or cooperative union; Certificate of registration
of branch or business location of cooperative or cooperative union; Operation
License of competent authority of Vietnam; Certificate of registration of
household business; Written approval for the establishment or operations enclosed
with written notice of tax code of for-profit administrative unit;
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3. Legitimate copies of documents proving the
satisfaction of fire safety conditions at business locations and warehouses,
consisting of:
a) The written record of the acceptance of fire
safety conditions if the applicant is any of the business establishments in the
list stated in Annex IV of the Decree No. 79/2014/ND-CP
dated July 31, 2014 detailing the implementation of certain articles of the Law
on fire prevention and fighting and the Law on amendments to certain articles
of the Law on fire prevention and fighting (hereinafter referred to as Decree
No. 79/2014/ND-CP);
b) The written record of the inspection of fire
safety conditions made by the fire
department if the applicant is not a subject prescribed in point a
Clause 3 of this Article but is in the list stated in Annex I enclosed with the
Decree No. 79/2014/ND-CP;
c) The following business establishments must not
submit documents mentioned in Points a & b Clause 3 of this Article:
Producers of seals; producers and traders in vehicle warning flags, lights and
sirens; security service providers; debt collection service providers; betting
service providers; traders in mobile phone jammers; plastic surgery service
providers; traders in radar speed guns, breathalyzers, GSM phone trackers and
other types of phone trackers;
d) If a business establishment does not have a
warehouse to store materials or products as regulated, it must enter into a
contract for lease of a warehouse which must satisfy fire safety conditions
provided for in Points a & b Clause 3 of this Article;
dd) With regard to business establishments that
engage in business sectors with the use of industrial explosives and explosive
precursors, documents proving the satisfaction of fire afety conditions shall be documents about warehouses of
industrial explosives and explosive precursors.
4. The curriculum vitae (Form No. 02 stated in the
Annex herein), enclosed with the Criminal record statement or Individual
declaration (Form No. 02b stated in the Annex herein), of the person in charge
of security and order of the business establishment. To be specific:
a) The curriculum vitae and the criminal record
statement (except for officials of state agencies, the armed forces, political
organizations or socio-political organizations) of the person in charge of
security and order, who is the holder of Certificate of satisfaction of
security and order conditions, are required if he/she is a Vietnamese citizen
residing in Vietnam;
If the person mentioned in this point is working at
the state agency, the armed forces, political organization or socio-political
organization, his/her curriculum vitae must be certified by the managing
agency/organization (except for the business establishment). The curriculum
vitae of the person other than the said subject must be certified by people’s
committee of commune/ward/district-level town where his/her permanent residence
is registered;
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c) If there are several legal representatives of a
business establishment, the curriculum vitae and the criminal record statement
or individual declaration of the person who is the holder of Certificate of
satisfaction of security and order conditions shall be submitted.
Article 20. Application
dossiers for issuance of new certificates of satisfaction of security and order
conditions for certain business sectors
Apart from documents mentioned in Article 19 of
this Decree, the following business establishments must supplement the
following documents in their applications
for issuance of new certificates of satisfaction of security and order
conditions:
1. The security service provider that does not have
foreign investment must supplement the legitimate copy of graduation diploma
proving the qualification of the person in charge of security and
order, who acts as the holder of Certificate of
satisfaction of security and order conditions.
2. If a security service provider has
foreign investment, the following documents must be supplemented:
a) The legitimate copy of graduation diploma
proving the qualification of the person in charge of security and order, who
acts as the holder of Certificate of satisfaction of security and order conditions;
b) Documents proving that the foreign enterprise
has satisfied conditions in Points a & b Clause 4 Article 11 of this
Decree, which must be legalized by the diplomatic missions of Vietnam in the
country or territory where the head office of that foreign enterprise is
located.
3. If a security service provider has function to
provide security guard training courses, it must supplement the security
guard training curriculum/program.
4. With regard to the following business
establishments: producers of industrial explosives;
traders in explosive precursors; business establishments
in business sectors with use of industrial explosives for
exploration/exploitation of minerals/petroleum; traders in small-size handguns;
casino service providers; providers of electronic casino game
services for foreigners; betting service providers, the written approval for
operations made by sector authority is required.
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1. A certificate of sastisfaction of
security and order conditions is replaced if it is damaged or expired,
or information in the certificate of sastisfaction of security
and order conditions is incorrect or changed.
The application for replacement includes the following
documents:
a) The application form for replacement of
Certificate of satisfaction of security and order conditions submitted by the
business establishment (Form No. 03 stated in the Annex
herein) to the competent police authority;
b) Legitimate copies of documents proving the
change in information specified in Certificate of satisfaction of security and
order conditions (if any);
c) Documents prescribed in Clause 4 Article 19 of
this Decree if there is a change in the holder of Certificate of satisfaction
of security and order conditions;
d) The original of the issued Certificate of
satisfaction of security and order conditions.
2. A certificate of sastisfaction of
security and order conditions shall be re-issued in case of loss.
If the issued certificate of
sastisfaction of security and order conditions is lost, the business
establishment shall apply for the re-issuance. The application requires the
following documents:
a) The application form for reissuance of
Certificate of satisfaction of security and order conditions submitted by the
business establishment to the competent police authority (Form
No. 03 stated in the Annex herein);
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Article 22.
Application and period for re-issuance of Certificate of sastisfaction of
security and order conditions after being revoked
The reissuance of Certificate of
sastisfaction of security and order conditions after being revoked as referred to in Clause 1 and Clause 18 of this Article shall be
carried out as follows:
1. Within 06
months from the date on which the certificate of
sastisfaction of security and order conditions is revoked as referred to
in Points b, c and h Clause 1 Article 18 of this Decree, the business
establishment that wants to continue its business activities after having
satisfied all conditions in this Decree may submit the application for
re-issuance of certificate of sastisfaction of security and order
conditions to the competent police authority. The application consists
of:
a) The application form for re-issuance of
Certificate of satisfaction of security and order conditions submitted by the
business establishment to the competent police authority (Form
No. 03 stated in the Annex herein);
b) Legitimate copies of documents proving that the
business establishment has satisfied all business conditions (if any).
2. If a certificate of sastisfaction
of security and order conditions is revoked as referred to in Points a and e Clause 1 Article 18 of
this Decree, the business establishment that fails to appoint another
person to take charge of security and order shall only submit the application
for re-issuance of certificate of sastisfaction of security and
order conditions after 12 months from the issued date of the revocation
decision.
The application for re-issuance of Certificate of sastisfaction of
security and order conditions shall be the same as that for issuance of
new certificate as regulated in Article 19 or Article 20 of this Decree.
3. If a certificate of sastisfaction
of security and order conditions is revoked as referred to in Point g Clause 1 Article 18 of this Decree, the business establishment that
fails to appoint another person to take charge of security and order shall only
submit the application for re-issuance of certificate of sastisfaction of
security and order conditions after 24 months from the issued date of the
revocation decision, except for the cases where the Court’s decision
applies.
The application for re-issuance of
Certificate of sastisfaction of security and order conditions shall be the same
as that for issuance of new certificate as regulated in Article 19 or Article
20 of this Decree.
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Article 23.
Procedures for application submission and period for issuance of Certificate of
sastisfaction of security and order conditions
1. Application procedures:
a) The business establishment shall submit one set
of applications dossiers for issuance/replacement/re-issuance of Certificate of
satisfaction of security and order conditions as referred to Articles 19, 20,
21 and 22 of this Decree to the competent police authority;
b) If a business establishment engages in several
business sectors at the same business location but the issuance of Certificates
of satisfaction of security and order conditions for those business sectors is
under the competence of different police authorities, that business
establishment shall submit one set of application dossiers to the highest-level
police authority to issue one Certificate of satisfaction of security and order
conditions for all those business sectors;
c) If there are several business establishments
engage in different business sectors at the same business location but the
issuance of Certificates of satisfaction of security and order conditions for
those business sectors is under the competence of different police authorities,
each business establishment shall submit one set of application dossiers for
issuance of Certificate of satisfaction of security and order conditions to the
highest-level police authority;
d) If a business establishment has established
branches/affiliates that have business locations other than that of the main
business establishment, each branch/affiliate shall submit one set of
application dossiers for issuance of Certificate of satisfaction of security and
order conditions to the police authority competent to manage that
branch/affiliate.
2. Form of application submission:
A business establishment may choose one of the
following forms to submit its application:
a) The application is directly submitted at the
competent police authority;
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c) The application is submitted online via the Ministry of Public Security’s portal for management of business
sectors subject to security and order conditions.
If an application is submitted online via the Ministry of Public Security’s portal for management of business
sectors subject to security and order conditions, the business establishment
must send documents prescribed in Articles 19, 20, 21 and 22 of
this Decree to the competent police authority when it receives the Certificate of satisfaction of security and order conditions.
3. The period for issuance of
Certificate of sastisfaction of security and order conditions as of the
receipt of valid application is as below:
a) Within 05 working days if the application is one
of the cases prescribed in Articles 19, 20 and Clauses 2, 3, 4 Article 22 of
this Decree;
b) Within 04 working days if the application is
submitted for replacement or re-issuance as prescribed in Article 21 and Clause
1 Article 22 of this Decree.
4. If an application for Certificate
of sastisfaction of security and order conditions is rejected, the
police authority shall send a written notice of reasons thereof to the business
establishment within 04 working days.
Article 24. Power to issue
certificate of sastisfaction of security and order conditions, and security
guard certificate, and verify and approve for security guard training
curriculum/program
1. The Police Department for
Administrative Management of Social Order directly under Ministry of Public
Security shall assume the following responsibilities:
a) Issue Certificates of sastisfaction of security and order conditions and manage
the following business establishments: traders in small-size handguns; traders
in industrial explosives; traders in explosive precursors; blasting service
providers; business establishments engaging in business sectors with use of
industrial explosives for exploration/exploitation of minerals/petroleum in the
continental shelf of Vietnam; providers of accommodation
rated at 05 stars or above; traders in combat gears;
traders in paintball guns (except for paintball shooting service providers);
traders in firecrackers; casino service providers; providers of electronic
casino game services for foreigners; security service providers with foreign
investment and those with functions to provide security guard training courses;
business establishments affiliated to Ministry of Public Security;
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c) Verify and approve security guard training curricula
and programs submitted by security guard training establishments referred to in
Clause 1 Article 12 of this Decree.
2. The Police Offices for Administrative Management of Social Order directly under Police
authorities of central-affiliated cities or provinces shall assume the following responsibilities:
a) Issue Certificate of satisfaction of security
and order conditions and manage the following business establishments (except
for business establishments provided for in Point a Clause 1 of this Article),
consisting of:
Producers of seals; business establishments
engaging in business sectors with use of industrial explosives;
producers and traders in military clothes and hats, army badges and insignia of People’s Military Forces and People’s
Public Security Forces.
Traders in the following types of machinery and
equipment (including parts, components and equipment for manufacturing
thereof): radar speed guns, GSM phone trackers and other types of
phone trackers, breathanalyzers; betting service
providers and printing service providers.
Traders in mobile phone jammers, and providers of
plastic surgery service, dance club service, accommodation service, debt
collection service and security service.
Business establishments affiliated to the Army and
for-profit administrative units of central-affiliated agencies/organizations in
their management provinces.
Other business establishments that are not
mentioned in point a clause 1 and clause 3 of this Article, and business
establishments upon the authorization in writing by the Police
Department for Administrative Management of Social Order directly under
Ministry of Public Security.
b) Take charge of testing and issue Security guard
certificates to qualified security guards who have been trained at professional
improvement and training centers that are affiliated to local police
authorities and have function to provide security guard training courses.
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a) Paintball shooting service providers; karaoke
service providers; massage service providers; pawnshop service providers;
traders in warning devices of emergency vehicles; gas business establishments;
b) Business establishments that are not providers
of accommodation service and printing service;
c) For-profit administrative units that are
affiliated to district-level agencies or organizations and engage in business
sectors with security and order conditions.
Chapter
V
RESPONSIBILITIES OF
BUSINESS ESTABLISHMENTS
Article 25.
General responsibilities of all business establishments
1. The person in charge of security
and order of a business establishment must be
responsible for ensuring security and order conditions, comply with all
regulations on security and order in this Decree and other regulations of
relevant laws.
2. The business establishment must send
a written notice, enclosed with Certificate of sastisfaction of
security and order conditions, to the competent police authority
of commune/ward/district-level town where business activities are carried out within 05 days from the date on which its business is
commenced.
3. Security and order conditions prescribed in this
Decree must be maintained during the business process.
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5. Any doubtful acts or matters relating to
security and order at the business establishment should be promptly informed to
competent police authorities.
6. If a Certificate of sastisfaction
of security and order conditions is lost, a written notice
of that loss must be sent to the competent police authority within 03 working days.
7. Business establishments must make quarterly or irregular reports on security and order status as regulated by Ministry of Public Security.
8. Business establishments must bear the inspection
and incur penalties imposed by competent police authorities and regulatory bodies.
9. Employees working in business establishments
must be enough 18 years old or older, have full capacity of civil acts and must
be not drug addicts. Business establishments shall not contract persons who are
under the investigation, prosecution or adjudication;
suspended from serving prison sentences;
are under conditional parole or serving non-custodial rehabilitation.
10. Within 20 days from the date on which business
activities are commenced, the business establishment shall provide the
following documents to the competent police authority:
a) The list of its employees;
b) The curriculum vitae and individual declaration
of the person in charge of security and order of the business establishment,
except for the holder of Certificate of satisfaction of security and order
conditions;
c) Documents proving that the business
establishment has satisfied all conditions for each business sector as referred
to in Articles 8, 11 and 12 of this Decree;
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dd) Diagram of business location of a trader in
industrial explosives, trader in explosive precursors, the
business establishment engaging in business sectors with use of
industrial explosives and explosive precursors, blasting service
provider, trader in combat gears, trader in
paintball guns, trader in firecrackers, casino service provider, provider of electronic
casino game services for foreigners, accommodation service provider,
karaoke service provider, dance club service provider, massage service provider
or pawnshop service provider.
11. An application for reissuance or replace of certificate of sastisfaction of security and order conditions
must be submitted to the competent police authority in case where the issued certificate of sastisfaction of security and order conditions is
lost, damaged or expired, or the business establishment wants to make change in
information specified in the issued certificate of sastisfaction
of security and order conditions.
12. Business establishments must organize training
courses in security and order guarantee for their security guards and other
involved employees as regulated by competent police authorities.
13. The business establishment must send written
notice at least 10 days before it temporarily suspends its business activities
to the competent police authority and the police authority of
commune/ward/district-level town where its business activities are carried out,
in which reasons and suspension period must be specified.
14. If business establishments in small-size
handguns, industrial explosives, explosive prosecutors,
business sectors with use of industrial explosives and
explosive prosecutors, blasting service, combat gears, and
paintball guns stop their business, they must send the list of unsold handguns, industrial explosives, explosive prosecutors, combat
gears, and paintball guns (if any) and request the police authorities or
military authorities at provincial level or higher to handle them in accordance
with law regulations.
15. Business establishments must prepare books for
managing their business activities in corresponding to each business sector by
using the form adopted by Ministry of Public Security.
16. Business establishments must pay fees for
verification of Certificates of
sastisfaction of security and order conditions, and fees for testing and
issuance of security guard certificates in accordance with the law regulations.
Article 26. Responsibilities
of a seal producer
Apart from responsibilities mentioned in Article 25
of this Decree, a seal producer must:
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2. Produce seals by use of extremely durable and
firm materials.
3. Strictly manage and transfer the produced seals
to competent police authorities to carry out the seal registration as
regulated; not deliver the produced seals directly to customers, except for the
seals of enterprises that are not under the management of police authorities as
referred to by regulations of the law on management and use of seals.
4. Not provide sample seal designs of
agencies/organizations to unauthorized persons.
5. Inform the police authorities to verify and
clear up any doubts about the production of seals inconsistently with
regulations.
Article 27. Responsibilities
of traders in combat gears and traders in paintball guns
Apart from responsibilities in Article
25 of this Decree, traders in combat gears and traders in
paintball guns must:
1. Have warehouse for maintaining combat
gears/ paintball guns that meet safety conditions as referred to by law
regulations.
2. Make and post the internal regulations on the
guarantee of security, order, fire and explosion prevention and fighting at a noticeable and legible place in the warehouse of combat
gears/ paintball guns.
3. Buy combat gears, paintball
guns, pellets and accessories for production of combat gears/
paintball guns which have legitimate and clear origin, and sell combat
gears, paintball guns, pellets used for combat gears/
paintball guns to entities that have been licensed by competent police
authorities.
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5. Ensure safety while providing paintball shooting
service to customers and only provide this service to persons aged 18 years or
older.
6. While providing paintball shooting service to
customers, medical staff must be available for taking actions against any unexpected
events.
Article 28.
Responsibilities of firecracker traders
Apart from responsibilities in
Article 25 of this Decree, a firecracker trader must:
1. Have warehouse for storing materials for
manufacturing firecrackers and warehouse for finished firecrackers in
accordance with regulations of the law on management and use of firecrackers.
2. Make and post the internal regulations on the
guarantee of security, order, fire and explosion prevention and fighting at a noticeable and legible place.
3. Only produce, process and sell types of
firecrackers in accordance with regulations of the law on management and use of
firecrackers.
4. Produce, store and transfer firecrackers in
accordance with regulations on combustible and explosive goods.
5. Import and export firecrackers and materials for
firecracker production after having obtained a license from competent
authorities in accordance with regulations of the law on
management and use of firecrackers.
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7. Establish councils for summation and destruction
of discharged firecrackers in accordance with regulations of the
law.
Article 29.
Responsibilities of pawnshop service providers
Apart from responsibilities in
Article 25 of this Decree, a pawnshop service provider
must:
1. Check personal identification papers of the
person who pawns his/her property at the pawnshop, consisting of: ID card or citizen identity card or passport or other personal
identification paper with photo which is issued by competent authority and
still valid, and retain a copy thereof at the pawnshop.
2. Make contract for pledge of property as referred
to by law regulations.
3. With regard pledged property which requires
ownership certificate as referred to by law, the pawnshop service provider
shall only accept that property if it has legitimate ownership certificate and
the original thereof shall be retained at the pawnshop during the period that
property is pledged.
4. If the pledged property is under the ownership
of a third party, the legal letter of authorization made by the owner of that
property is required.
5. The property with unclear origin or obtained
from illegal acts shall not be accepted for pawn.
6. The interest rate of loans provided when
receiving pledged property shall not exceed the interest rate regulated in the
Civil Code.
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Article 30.
Responsibilities of massage service providers
Apart from responsibilities in
Article 25 of this Decree, a massage service provider
must:
1. Have safe place for storing and keeping
customers’ jewelry and property.
2. Massage rooms for men must be separated from
those for women.
Article 31.
Responsibilities of traders in warning devices of emergency vehicles
Apart from responsibilities in Article
25 of this Decree, a trader in warning devices of
emergency vehicles must:
1. Not import or produce devices inconsistently
with sound and light standards for horns and lights as regulated in the Decree
No. 109/2009/ND-CP dated December 01, 2009 providing for
signals of emergency vehicles. Traded products must have documents proving
their legitimate origin.
2. Sell warning devices of emergency vehicles to
buyers in conformity with the quantity and types specified in the licenses
granted by competent authorities as regulated.
Article 32.
Responsibilities of security service providers
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1. Select and use security guards who meet the
following standards:
a) Have full capability of civil acts; have no criminal record on murder or deliberate infliction of injuries or offences against rights of
property;
b) Have clear curriculum vitae which must be
certified by people’s committee of commune/ward/district-level town where
his/her permanent residence is registered;
c) Have health certificate granted by medical center or hospital at district level or higher to
certify he/she is fit for working;
d) Possess a graduation diploma of secondary school
or higher;
dd) A foreigner or Vietnamese person who resides
abroad shall not appointed as the person in charge of security and order or
directly managing business activities or as a security guard of the security
service provider.
2. Use security guards who have been trained and
obtained security guard certificates.
3. Enter into labour contracts
with security guards as referred to by law regulations.
4. Organize security guard training
courses after the competent police authority gives a written approval for its security guard training curriculum/program.
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6. Enter in economic contracts before providing
security services.
7. Not provide security service to persons or
subjects or activities in violation of the law.
8. Within 05 days from the date on which a security
service is provided to protect a subject at a central-affiliated
city or province outside the scope of its head office, the security
service provider must send a written notice, enclosed with the legitimate copy
of the Certificate of sastisfaction of security and order
conditions, the list of security guards, and the list of number and
types of combat gears (if any) at the protected subject, to the police authority of commune/ward/district-level town where the
security service is provided.
9. Within 20 days from the date on
which business activities are commenced, the security service provider
with foreign investment must send the list of machinery and technical
facilities invested by foreign party, enclosed with records of valuation of
such machinery and technical facilities made by the valuation authority at
provincial level or higher, to the competent police authority.
Article 33. Responsibilities
of providers of casino services and electronic casino game services for
foreigners
Apart from responsibilities in Article
25 of this Decree, providers of casino services and
electronic casino game services for foreigners shall also assume the
following responsibilities:
1. Make and post the internal
regulations (in both Vietnamese and foreign language) on
the guarantee of security, order, fight against social evils, fire and explosion prevention and fighting at the door at the
business location.
2. Check and retain copies of personal
identification papers of customers, and record customers’ information in
monitoring books.
3. Make and send the list of number and types of
electronic gaming machines to the competent police authority, enclosed with
legitimate copies of documents proving their origin.
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5. Report to the police authorities on a timely
manner when discovering that any customer carries weapons, explosives or combat gears into the business area.
6. At least 30% of security guards of a provider of
electronic casino game service for foreigners or casino
service are provided by security service providers.
Article 34.
Responsibilities of debt collection providers
Apart from responsibilities in
Article 25 of this Decree, a debt collection service
provider must:
1. Select and use employees who must
have no criminal record on murder, disturbance of public order, deliberate
infliction of bodily harm, insults to another person and offences against
rights of property.
2. Only provide debt collection
service within the scope permitted by the law and through
authorization contracts signed with creditors.
3. Within 03 days before executing a
debt collection contract, the debt collection service
provider must give a written notice to the police authority of
commune/ward/district-level town where the debt is collected.
4. When collecting debts, it’s
prohibited from use of violence or threat of violence and use of facilities
that cause influence on public order.
5. It’s not allowed to use persons
who are not employees of the debt collection service provider to collect debts.
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Apart from responsibilities in
Article 25 of this Decree, a betting service provider shall
assume the following responsibilities:
1. Make and post the internal
regulations on the guarantee of security and order at a
noticeable and legible place at the business location.
2. A betting service provider shall not contract
employees who have criminal records on gambling, organization of gambling or
gambling-dens, or usury.
3. Report to the police authorities
on a timely manner when discovering that any person
carries weapons, explosives, combat gears or
inflammable matters into the business area.
Article 36.
Responsibilities of gas business establishments
Apart from responsibilities in
Article 25 of this Decree, a gas business establishment must:
1. Make and post the internal
regulations on fire prevention and fighting at a noticeable and legible place.
2. Strictly comply with regulations on fire and
explosion safety.
3. Strictly and sufficiently comply with processes
of production, storage and transportation of highly combustible
and explosive goods.
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Apart from responsibilities in Article
25 of this Decree, business establishments in industrial
explosives and explosive precursors shall also assume the following
responsibilities:
1. Make and post the internal
regulations on the guarantee of security, order, fire and explosion prevention
and fighting at a noticeable and legible place.
2. Have warehouses for storing industrial
explosives and explosive precursors which must comply with regulated
standards; not store explosives or explosive precursors together with combustible matters in the same warehouse.
3. Strictly comply with regulations of the law on
storage and transportation of dangerous goods during the storage and
transportation of industrial explosives or explosive
precursors.
4. Only sell industrial explosives and
explosive precursors to entities who have obtained Certificates of satisfaction
of security and order conditions and Permit to use industrial
explosives or written approval from the General Department of Police
affiliated to Ministry of Public Security (if the purchase
of industrial explosives or explosive precursors is not
for commercial purposes).
Article 38.
Responsibilities of business establishments in business sectors with use of
industrial explosives and explosive precursors, and blasting service providers
Apart from responsibilities in
Article 25 of this Decree, business establishments in business sectors
with use of industrial explosives and explosive precursors,
and blasting service providers shall also assume the following
responsibilities:
1. Make and post the internal
regulations on the guarantee of security, order, fire and explosion prevention
and fighting at a noticeable and legible place in the industrial explosives storage
and use areas.
2. Have warehouses for storing
industrial explosives and explosive precursors which must satisfy standards adopted by sector authorities; not
store explosives, explosive precursors and combustible matters in the same warehouse.
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4. Within 06 days before the
blasting, the business establishment must
give a written notice to the police authority of district where blasting
activities are carried out in order to cooperate in security and order
guarantee.
5. The remaining industrial
explosives must be stored in the warehouse for management or re-sold to industrial explosive provider.
6. The purchase of industrial
explosives or explosive precursors from an entity
that is not licensed to sell these products is prohibited.
Article 39.
Responsibilities of printing service providers
Apart from responsibilities in
Article 25 of this Decree, a printing service provider
must:
1. Make and post the internal
regulations on the guarantee of security, order, fire prevention and fighting
at a noticeable and legible place.
2. Store printing materials and products in
conformity with regulations on fire safety.
3. Only carry out prepress, press and postpress
activities when procedures, legal documents and economic contracts thereof are
performed in accordance with the law regulations.
4. Not print documents whose contents are
inconsistent with the morals or the national
habits and customs, and other documents in violation of law.
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Apart from responsibilities in
Article 25 of this Decree, a trader in mobile phone jammers shall also
assume the following responsibilities:
1. Only sell mobile phone jammers
with clear and legitimate origin.
2. Have qualified warehouse for storing mobile phone jammers.
3. Only sell mobile phone jammers to entities that have
obtained written permission from competent authorities of the Police Forces or
Army Forces as regulated by Ministry of Public Security and/or
Ministry of National Defence or entities that have
obtained permit to use from the Prime Minister.
4. Send quarterly reports, enclosed with the list
of buyers of mobile phone jammers, to competent police authorities.
5. Destruct damaged mobile phone
jammers.
Article 41.
Responsibilities of plastic surgery service providers
Apart from responsibilities in
Article 25 of this Decree, a plastic surgery service
provider shall also assume the following responsibilities:
1. Check and retain copies of personal
identification papers of its customers in records. Personal identification
paper may be one of the following types:
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2. If the plastic surgery makes change in features
of the face of a customer aged 14 years or older, the plastic surgery service
provider must take and retain 4x6 cm portrait photographs of that customer
before and after the medical records of that customer.
3. Send quarterly reports, enclosed with copies of
personal identification papers and photographs of customers as referred to in
Clause 1 and Clause 2 of this Article, to competent police authorities.
Article 42.
Responsibilities of karaoke service providers
Apart from responsibilities in
Article 25 of this Decree, a karaoke service provider
must:
1. Make and post the internal
regulations on the guarantee of security, order, fight against social
evils, and fire prevention and fighting at a noticeable and
legible place.
2. Report to the police authorities
on a timely manner when discovering that any customer carries weapons,
explosives, combat gears or flammable matters into karaoke room or any customer was suspected of drug
addiction.
Article 43.
Responsibilities of dance club service providers
Apart from responsibilities in
Article 25 of this Decree, a dance club service provider
must:
1. Make and post the internal
regulations on the guarantee of security, order, fight against social evils,
and fire prevention and fighting at a noticeable and legible place.
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3. Report to the police authorities
on a timely manner when discovering that any customer carries weapons,
explosives, combat gears or flammable matters into the dance club or any customer was suspected of drug addiction.
Article 44.
Responsibilities of accommodation service providers
Apart from responsibilities in
Article 25 of this Decree, an accommodation service
provider must:
1. Make and post the internal
regulations on the guarantee of security, order, fight against social evils,
and fire prevention and fighting at a noticeable and legible place.
2. Check personal identification
papers of customers, including one of the following
types: ID card, citizen identity card, passport, permanent resident card or temporary resident card
(if customer is a foreigner), or other personal identification
papers with photo issued by competent authorities
of Vietnam.
If a customer fails to present his/her personal
identification paper, the accommodation service provider must report to the
police authority of commune/ward/district-level town or local police station
after delivering accommodation to that customer.
3. Record all information of
customers in monitoring book (or store information on computer) before
delivering rooms to customers.
4. Report the stay of Vietnamese people or register
the temporary residence of foreigners (who stay overnight or according to
hours) with the police authority of commune/ward/district-level
town or local police station before 23:00 PM daily. If receiving a
customer after 23:00 PM, the said report must be made before 08:00 AM of the
next day. The said report may be carried out under the following forms:
a) With regard to Vietnamese people, if the
internet network is available, the accommodation service provider shall report
to the police authority via internet; if the internet network is unavailable,
the accommodation service provider may directly report at the police authority
or report by call;
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5. Check and manage personal identification papers
of persons who visit customers at the accommodation service provider; record
information and return such papers when they leave.
6. Retain information of customers and of persons
who visit them at their rooms for at least 36 months.
7. If a customer carries weapon or combat
gear, the accommodation service provider must request that customer to
present the permit to use weapon or combat gear granted by
the police authority or army force. If that customer fails to present his/her
permit to use weapon or combat gear, the accommodation
service provider must report it to the competent police authority in a timely
manner.
Article 45. Responsibilities
of business establishments in military clothing and equipment of the armed
forces, military weapons, technologies, devices, and vehicles for the military
forces and police forces; parts, components, supplies, specialized equipment,
and technologies for manufacturing thereof
Apart from responsibilities in Article
25 of this Decree, business establishments in military
clothing and equipment of the armed forces, military weapons, technologies,
devices, and vehicles for the military forces and police forces; parts,
components, supplies, specialized equipment, and technologies for manufacturing
thereof shall also assume the following responsibilities:
1. Have warehouse in
conformity with regulations on storage of flammable and explosive goods as referred to by the law on fire prevention and fighting.
2. Import, export and trade in materials/goods
which have clear and legitimate origin.
3. Only sell or deliver products to entities that
have obtained written approval from the military forces or competent police
authorities.
4. Products which are damaged or have poor quality
must be handled and destructed in accordance with the law.
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Chapter VI
RESPONSIBILITIES OF MINISTRIES,
MINISTERIAL-LEVEL AGENCIES, AFFILIATES OF THE GOVERNMENT AND PROVINCIAL-LEVEL
PEOPLE’S COMMITTEES, AND INSPECTION RESPONSIBILITIES
Article 46.
Responsibilities of Ministry of Public Security
Ministry of Public Security shall
bear responsibility before the Government for state management of security and
order within the national scope in connection with conditional business sectors
as regulated in this Decree in order to prevent, discover and take actions
against crimes and other illegal acts, and have the following duties and
rights:
1. Instruct and provide training in security and
order to business establishments in business sectors with
security and order conditions as referred to in this Decree, except for security
service providers.
2. Promulgate templates to serve the management of
security and order by business establishments that engage in business sectors referred to in Article 3 of
this Decree.
3. Provide guidelines on samples of trousers,
shirts, shoes, hats, shoulder loops, and cap badge, signs for security guards.
4. Provide consistent
guidelines on the verification of application dossiers before issuance or
revocation of Certificates of sastisfaction
of security and order conditions; verify persons in charge of security
and order, and actual conditions at business establishments; test and issue
security guard certificates on the principle of issuing the only security guard
certificate to all contents defined in the security guard training curriculum
as referred to in this Decree, and take acts to prevent, discover and handle
events that take advantage of business sectors subject to security and order
conditions to commit crimes and other illegal acts.
5. Propagate and disseminate
laws on security and order to business establishments in business
sectors prescribed in this Decree, and instruct
them to make security and order plans.
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7. Take charge and coordinate with
ministries/regulatory bodies in doing research on information technology applications,
constructing electronic database system in service of management and
performance of administrative procedures relating to the guarantee of security
and order of entities involved in business sectors provided for in this Decree.
8. Make preliminary summing-up and summation of the
implementation of legislative documents about the guarantee of security and
order for business sectors provided for in this Decree.
9. Suggest or request for amendments and/or
supplements to legislative documents about business sectors subjects to
security and order conditions.
Article 47.
Responsibilities of Ministry of Finance
1. Take charge and coordinate with Ministry
of Public Security in providing for the collection rates, management and
use of fees for inspection of security and order conditions to issue Certificates of sastisfaction of security and order conditions, and
fees for testing and issuance of security guard certificates.
2. Coordinate with Ministry of Public Security in making estimates and accounting
of expenses for maintaining operations of the Ministry of Public
Security’s portal for management of business sectors subject to security and
order conditions in accordance with regulations of the Law on state
budget and its instructional documents.
Article 48. Responsibilities
of ministries, ministerial-level agencies, affiliates of the government
Ministries, ministerial-level
agencies, affiliates of the Government shall have the following rights
and duties:
1. Instruct competent bodies and units involved in
in-charge sectors to organize implementation of this Decree.
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3. Coordinate with Ministry of Public
Security in inspecting the compliance with security and order conditions
by business establishments under their management.
4. Suggest or request for amendments
and/or supplements to legislative documents about business sectors subjects to security
and order conditions.
Article 49. Responsibilities
of people’s committees of central-affiliated cities or provinces
Instruct local competent bodies under their
management to exercise and discharge the following rights and duties:
1. Perform state management of business
sectors subjects to security and order conditions as provided for in
this Decree and other legislative documents under their management.
2. Prevention, discovery, combat and actions
against crimes and other illegal acts in connection with business
sectors subjects to security and order conditions within provincial
scope.
3. Suggest or request for amendments
and/or supplements to legislative documents about the management of business sectors subjects to security and order conditions.
Article 50. Inspection
1. Competent police authorities shall carry out
comprehensive inspection of the compliance with security and order regulations
by business establishments in business sectors subject to security and order
conditions on the basis of one inspection yearly or on irregular
basis.
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2. Inspection contents:
a) Inspect and verify legal documents; business
contents specified in the License and Certificate of satisfaction of security
and order conditions issued by competent police authorities to business
establishments in comparison with those in reality;
b) Inspect the compliance with regulations in this
Decree and other relevant legislative documents;
c) Inspect people and facilities, traded products,
and services relating to business activities of business establishments in
accordance with the law regulations.
The record of each inspection must be made
(according to the form promulgated by Ministry of Public Security),
which includes inspection results and shortcomings or violations (if any).
3. Authorities competent to conduct inspection:
a) The police authority that issues Certificate of
satisfaction of security and order conditions and directly manages which
business establishment shall carry out the yearly or irregular inspection of
that business establishment;
b) Competent units affiliated to police authorities
at all levels may only conduct the inspection of business establishments in
their management areas when they discover that a business establishment has
violation or denotes violation against regulations on security and order; or
when they receive complaints or denunciations by organizations or individuals
in connection with security and order matters at business establishments within
their management areas. Upon the completion of an inspection, that competent
unit must send written notice of inspection results and the handling of
violations (if any) to the police authority that issued Certificate of sastisfaction of security and order conditions to
that business establishment;
c) Police authorities at all level shall, within
the ambit of assigned functions and duties, may conduct irregular inspections
in service of performing political duties or strengthening security and order
guarantee provided that such inspections must be conducted with the written
approval by police authorities at district level or instructional documents by
police authorities of higher levels.
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Chapter VII
IMPLEMENTATION
Article 51. Effect
1. This Decree takes effect as of July 01, 2016.
Decree No. 52/2008/ND-CP dated April
22, 2008 on management of security services and Decree No. 72/2009/ND-CP
dated September 03, 2009 providing for security and order conditions for a
number of conditional business sectors are abrogated;
2. During the implementation of this Decree, if
legislative documents which are referred to in this Decree are amended,
supplemented or replaced, the new ones shall be applied.
Article 52. Transitional
provision
1. Business establishments that are operating with
Certificates of satisfaction of security and order conditions for providing
security services granted as referred to in Decree No. 52/2008/ND-CP
dated April 22, 2008 on the management of security services or Certificates
of satisfaction of security and order conditions as referred to in Decree No. 72/2009/ND-CP dated September 03, 2009 providing for security
and order conditions for certain conditional business sectors and business
establishments engaging in business sectors as referred to by prevailing laws
are allowed to maintain their operations. Within 18 months from the effective
date of this Decree, business establishments must implement regulations in this
Decree and apply for replacement of certificates of sastisfaction of security and order conditions without fees
paid.
2. Security guard certificates
granted to security guards in accordance with regulations in Decree No. 52/2008/ND-CP dated April 22, 2008 on the management of security
services are still valid.
Article 53. Instructions and
responsibility for implementation
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2. Ministers, heads of ministerial-level agencies, heads
of affiliates of the Government, Chairpersons of people’s committees of central-affiliated cities or provinces and entities involved in
business sectors subject to security and order conditions are responsible for
implementing this Decree./.
ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Nguyen Xuan Phuc
