Circular No. 42/2017/TT-BCA dated October 20. 2017 of the Ministry of Public Security on detailing a number of articles of Decree No. 96/2016/ND-CP of July 1, 2016, on security and order conditions for a number of conditional business lines

CIRCULAR

Detailing a number of articles of Decree No. 96/2016/ND-CP of July 1, 2016, on security and order conditions for a number of conditional business lines[1]

Pursuant to Decree No. 96/2016/ND-CP of July 1, 2016, on security and order conditions for a number of conditional business lines;

Pursuant to Decree No. 106/2014/ND-CP of November 17, 2014, defining the functions, tasks, powers and organizational structure of the Ministry of Public Security;

At the proposal of the General Director of the General Department of Police;

The Minister of Public Security promulgates the Circular detailing a number of articles of Decree No. 96/2016/ND-CP of July 1, 2016, on security and order conditions for a number of conditional business lines.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Circular details a number of articles of Decree No. 96/2016/ND-CP of July 1, 2016, on security and order conditions for a number of conditional business lines (below referred to as Decree No. 96/2016/ND-CP), regarding submission of dossiers of application for certificates of security and order eligibility; revocation of certificates of security and order eligibility; security and order assurance plans; implementation of the post-inspection regime; information and reporting regime; inspection of business establishments; uniforms of security guards; forms serving the management of business lines subject to security and order conditions; and responsibilities of public security units and local public security agencies.

Article 2.Forms serving the management of business lines subject to security and order conditions

1. Forms serving the management of business lines subject to security and order conditions prescribed in Decree No. 96/2016/ND-CP (common symbol of DK) are promulgated together with this Circular. Specifically:

a/ Forms used by public security agencies:

- Receipt of the dossier of application for a certificate of security and order eligibility (Form DK1a);

- Receipt of the dossier of application for a certificate of security and order eligibility via the portal (Form DK1b);

- Sheet of guidance on completion of the dossier of application for a certificate of security and order eligibility (Form DK2);

- Notice of dossier ineligible for the grant of a certificate of security and order eligibility (Form DK3);

- Sheet of verification of the resume of the person in charge of security and order who is a resident Vietnamese (Form DK4a);

- Sheet of verification of the resume of the person in charge of security and order who is a foreigner or an overseas Vietnamese holding a foreign passport (Form DK4b);

- Record of inspection of the establishment engaged in a business line subject to security and order conditions (Form DK5a);

- Record of post-inspection of the establishment engaged in business lines subject to security and order conditions (Form DK5b);

- Decision on revocation of the certificate of security and order eligibility
(Form DK6);

- Decision on establishment of the Security Guard Skills Testing Council
(Form DK7);

- Report on the situation and results of management of establishments engaged in business lines subject to security and order conditions (Form DK8);

- Record of the delivery and receipt of the certificate of security and order eligibility (Form DK9);

- Book for management of the grant of certificates of security and order eligibility (Form DK10).

b/ Forms used by business establishments:

- List of employees of the establishment engaged in business lines subject to security and order conditions (Form DK11);

- List of persons registering for testing and grant of security guard certificates (Form DK 12);

- Report on the situation and results of the observance of regulations on security and order by business establishments (Form DK 13);

- Seal production management book (Form DK 14);

- Book for management of the business in small firearms for military use, support instruments, pain spray guns and fireworks (Form DK 15);

- Book for management of the business in industrial explosive materials and explosive precursors (ammonium nitrate concentration of 98.5% or more), (Form DK16);

- Book for management of business lines using industrial explosive materials; blasting service (Form DK17);

- Gas trading management book (Form DK 18);

- Pawnshop service business management book (Form DK 19);

- Dancehall, karaoke bar and massage service business management book
(Form DK 20);

- Book for management of the prize-winning electronic game service for foreigners and casino business (Form DK 21);

- Betting service business management book (Form DK 22);

- Book for management of the trading in devices causing interference to or disrupting mobile communication; speed measuring devices for road motor vehicles; breath alcohol detectors; mobile phone trackers; and signaling devices for priority vehicles
(Form DK23);

- Debt collection service business management book (Form DK24);

- Aesthetic plastic surgery service business management book (Form DK25);

- Lodging service business management book (Form DK26);

- Security guard service business management book (Form DK27);

- Security guard training business management book (Form DK28);

- Book for management of the trading in uniforms, hats, badges, insignias, stripes and number signs of the People’s Army and the People’s Police (Form DK29).

2. Form specifications

The forms referred to in Clause 1 of this Article shall be printed black and white on A4 papers (except Form DK8 on A3 papers).

3. How to fill in the forms

a/ To fill in the columns and sections in each form fully, accurately and clearly;

b/ To fill in the forms in blue or black ink and only in one ink color for each  complete content of a form.

Public security units and local public security agencies and business establishments that have already applied information technology in management may use electronic forms which must fully contain the contents of the forms promulgated together with this Circular.

4. Printing and management of forms and funds for implementation

a/ The Ministry of Public Security shall uniformly manage the forms promulgated together with this Circular;

b/ Public security units and local public security agencies and business establishments may print the forms by themselves for use;

c/ Management of forms:

- Public security units and local public security agencies shall manage the forms used by public security agencies under regulations on police dossiers;

- Business establishments shall manage the forms used by business establishments.

d/ Funds for printing the forms specified at Point a, Clause 1 of this Article shall be taken from regular funding sources allocated by the Ministry of Public Security to public security units and local public security agencies. Annually, public security units and local public security agencies shall make funding estimates for form printing and send them to the Finance Department for summarization and report to the Ministry of Public Security’s leaders.

Chapter II

SPECIFIC PROVISIONS

Article 3.Submission of dossiers of application for certificates of security and order eligibility

For branches and subsidiaries of a business establishment which operate outside the business place of the business establishment specified at Point d, Clause 1, Article 23 of Decree No. 96/2016/ND-CP under the management competence of the public security agencies defined in Clauses 2 and 3, Article 24 of Decree No. 96/2016/ND-CP, each branch or subsidiary shall submit a dossier of application for a certificate of security and order eligibility to the public security agency competent to manage the business establishment or to the competent public security agency of the locality where the branch or subsidiary operates for grant of a certificate and  management.

Article 4.Revocation of certificates of security and order eligibility

The revocation of certificates of security and order eligibility in the cases specified in Article 18 of Decree No. 96/2016/ND-CP shall be carried out by public security agencies that have granted such certificates.

In case a certificate of eligibility regarding security and order is granted to a business establishment for doing multiple business lines or stages of the investment process of a business line subject to security and order conditions and the business establishment commits violations only in one or some of the such business lines or stages of the investment process subject to revocation of the certificate, the certificate shall be revoked only for such business line(s) or stage(s) of the investment process.

Article 5.Security and order assurance plans

1. Business establishments shall make security and order assurance plans for their operations under Article 8 of Decree No. 96/2016/ND-CP.

2. In case a security and order assurance plan made by a business establishment fails to satisfy the contents prescribed in Clause 2, Article 8 of Decree No. 96/2016/ND-CP, the public security agency competent to directly manage the business establishment shall guide it how to complete the plan.

3. Business establishments shall ensure conditions necessary for the implementation of security and order assurance plans.

Article 6.Post-inspection

Within 60 days from the date of grant, renewal or re-grant of certificates of security and order eligibility to business establishments, the public security agency specified in Article 24 of Decree No. 96/2016/ND-CP shall conduct post-inspections of such business establishments according to the contents prescribed in Clause 4, Article 46 of Decree No. 96/2016/ND-CP as follows:

1. It shall send a written notice of the inspection to the business establishment, clearly stating the inspection contents and duration.

2. Post-inspection contents include:

a/ Inspecting the eligibility of the person in charge of security and order of the business establishment (only applied for suspected cases) by verifying his/her resume, made according to Form DK4a or DK4b promulgated together with this Circular, for resident Vietnamese or foreigners and overseas Vietnamese holding foreign passports;

b/ Directly inspecting the security and order conditions at the business establishment.

3. A post-inspection record shall be made according to Form DK5b promulgated together with this Circular. A business establishment that is detected to lack one of the security and order conditions shall be handled as follows:

a/ It shall be notified in writing to suspend the business line(s) or stage(s) of the investment process under Clause 2, Article 200 of the 2014 Law on Enterprises and concurrently to remedy violations of security and order conditions within 40 days as prescribed at Point b, Clause 1, Article 18 of Decree No. 96/2016/ND-CP;

b/ When the business establishment sends a written report on its satisfaction of all security and order conditions, the competent public security agency shall examine and, if the establishment does fully satisfy the conditions, clearly write such in the record made according to Form DK5b promulgated together with this Circular, for the establishment to resume its business line(s) or stage(s) of the investment process that was (were) previously suspended;

c/ If the business establishment fails to satisfy the security and order conditions within the time limit specified at Point a of this Clause, the competent public security agency shall issue a decision to revoke its certificate of security and order eligibility for the business line(s) or stage(s) of the investment process that the business establishment has to suspend under Point b, Clause 1, Article 18 of Decree No. 96/2016/ND-CP.

Article 7.Information and reporting

1. For public security agencies

Every quarter (no later than the first week of the following quarter) or extraordinarily, district-level public security agencies shall report to the Police Division for Administrative Management of Social Order of the provincial-level Public Security Department; and Police Divisions for Administrative Management of Social Order shall report to the Police Department for Administrative Management of Social Order on the situation and results of management of establishments engaged in business lines subject to security and order conditions according to Form DK8 promulgated together with this Circular.

2. For business establishments

a/ Business establishments shall make quarterly reports (no later than the final week of the quarter) on the situation and results of their implementation of security and order regulations according to Form DK 13 promulgated together with this Circular and send them to the public security agency that directly manages them;

b/ Business establishments shall promptly report on security and order incidents or relevant information in their establishments to the nearest public security agency and the public security agency that directly manages them.

Article 8.Inspection of business establishments

1. Periodicinspection

Competent public security agencies specified in Article 24 of Decree No. 96/2016/ND-CP shall conduct periodic inspections of business establishments only once a year in combination with examination of other security and order-related contents (if any) as follows:

a/ Heads of competent public security agencies specified in Article 24 of Decree No. 96/2016/ND-CP shall decide to form inspection teams or groups (below referred to as inspection teams);

b/ Preparing inspection plans

The Division for guiding the management of business lines subject to security and order conditions and seals under the Police Department for Administrative Management of Social Order; teams of registration and management of weapons, explosive materials, support instruments, business lines subject to security and order conditions and seals under Police Divisions for Administrative Management of Social Order of provincial-level Public Security Departments; and police teams for administrative management of social order of district-level public security agencies shall prepare plans on periodic inspection of business establishments under their management and submit them to competent superiors specified in Article 24 of Decree No. 96/2016/ND-CP for approval.

c/ Contents of a periodic inspection plan:

- Reasons and grounds for conducting inspection;

- Inspection purpose and requirements;

- Inspected objects;

- Inspection contents;

- Membersof the inspection team;

- Inspection duration.

d/ Conducting inspection:

- The competent public security agency shall send a written notice to the business establishment of the inspection time, location and contents and to members of the inspection team 5 working days prior to the inspection;

- The head of the inspection team shall assign tasks to team members as planned;

- Members of the inspection team shall study and thoroughly grasp the purpose, requirements and contents of the inspection plan, and proactively perform their tasks assigned by their head;

- The inspection shall be carried out according to the contents specified in Clause 2, Article 50 of Decree No. 96/2016/ND-CP and the approved plan;

- The inspection shall be recorded in writing according to Form DK5a promulgated together with this Circular and signed by its maker, a representative of the inspection team and the person in charge of security and order or a representative of the inspected business establishment. It shall be made in at least 2 copies with 1 to be given to the business establishment.

In case a business establishment is detected to commit violations of the law on business lines subject to security and order conditions, besides the inspection record, an administrative violation record shall be made for handling in accordance with law. In case of detecting signs of violations related to other fields which go beyond his/her handling competence, the head of the inspection team shall timely report it to his/her direct superior for instruction and may not handle violations that go beyondhis/her assigned functions and tasks.

dd/ Inspection conclusion

- The head of the inspection team shall report inspection results to the superior who has approved the inspection plan;

- The superior shall assign officers to oversee and press for the settlement of problems or handling of violations by the business establishment (if any);

2. Extraordinary inspection

Heads of public security agencies specified in Clause 3, Article 50 of Decree No. 96/2016/ND-CP may decide on extraordinary inspections of business establishments, specifically as follows:

a/ In case of formingan inspection team, the head of the inspection team shall propose inspection measures and contents and report to his/her superior for approval and decision to form the inspection team;

b/ In case no inspection team is formed due to emergency and the superior only assigns an inspector, the assigned inspector shall take responsibility for conducting inspection;

c/ If the inspection team or inspector belongs to another professional force not directly managing the business establishment, the officer in charge of the inspection team shall produce his/her public security identity card to the representative of the business establishment;

d/ Inspection contents, making of inspection records and inspection conclusions must comply with Points d and dd, Clause 1 of this Article.

Article 9.Uniforms, shoes, caps, epaulettes, lapel badges and insignias, cap insignias and nameplates of security guards

1. Uniforms

a/ A spring-summer uniform consists of

- Dark blue pants with double-pleat front and a right back pocket;

- A blue or white, short- or long-sleeve shirt with a turndown collar, two front patch pockets with a trim in the middle of each pocket; conventional front placket; two flaps with a trim in the middle of each flap, conventional cuffs; a back yoke; and the business establishment’s logo already registered with a competent public security agency on the left sleeve placed 5cm-6cm below the shoulder and another on the left front chest placed 2cm-3cm above the pocket mouth.

b/ An autumn-winter uniform consists of

- Pants like spring-summer pants;

- A long-sleeve suit jacket that have the same color as the pants, with front patch pockets, the enterprise’s logo that has been registered with a competent public security agency placed on the left chest 2cm-3cm beneath the pocket mouth and another on the left sleeve placed about 5cm-6cm below the shoulder, black plastic buttons, and a long-sleeve stand-up collar shirt like the summer shirt with a dark blue tie.

2. Shoes and caps

a/ A pair of black shoes;

b/ A peaked cap that has the same color as the pants.

3. Epaulettes, insignias, nameplates

a/ An epaulette is made of hard fabric that has the same color as the pants, horizontal yellow felt stripe(s) and two edges having a red trim and its small end attached with a silvery white metal button on which there are two crossed ears of rice embracing an embossed five-pointed star. The epaulette’s size and stripes are defined as follows:

- The epaulette is 125 mm long and 50 mm and 40 mm wide at the biggest and narrowest end;

- Stripes are made of light yellow fabric. Each stripe is 7 mm wide and multiple stripes have 2.5 mm intervals. A security guard wears 1 stripe; team commander, 2 stripes; division commander, 3 stripes; vice chairperson of the management board and deputy director of an enterprise, 4 stripes; chairperson of the management board and director of an enterprise, 5 stripes.

b/ Insignias

- A cap insignia is made of metal and has a round shape with a 36 mm diameter. In its middle, there is a 5-pointed star circled by a double pine-tree branch on the red background and then surrounded by the dark blue ground. Beneath the star is half a cog wheel with the word “BAO VE” (security);

- A lapel insignia (for enterprises’ leaders) has a parallelogram with a 5.5cm x3.5cm size and is made of fabric that has the same color as the pants.

c/ A nameplate of security guards has 8.5cm x 5.5cm size and is light blue. The top line is the name of the enterprise (in red capital letters). Beneath is the full name of the security guard (in black capital letters) with the latter’s photo. At the bottom is the nameplate’s number.

4. Security guards who work at facilities where occupational safety and health protection is required may have additional uniforms and labor protection devices in accordance with the law on occupational safety and health.

5. Model designs of uniforms, shoes, caps, epaulettes, lapel badges and insignias and cap insignias and nameplates of security guards are promulgated together with this Circular.

Article 10.Responsibilities of the General Department of Police

1. To assist the Minister of Public Security in performing the state management of security and order for business lines prescribed in Decree No. 96/2016/ND-CP; to direct, guide, urge and examine public security units and local public security agencies in implementing legal documents on management of business lines subject to security and order conditions.

2. To guide the filling in, use and management of the forms promulgated together with Decree No. 96/2016/ND-CP and this Circular.

3. To direct the Police Department for Administrative Management of Social Order to perform tasks relating to the management of business lines subject to security and order conditions, specifically as follows:

a/ To advise and propose competent authorities to draft, promulgate, amend and supplement legal documents on management of business lines subject to security and order conditions;

b/ To organize the dissemination of laws relating to business lines subject to security and order conditions to business establishments;

c/ To grant written approval for business establishments outside the Army and the Public Security Force to do the business in military equipment and supplies for the armed forces, weapons for military use, equipment, technologies, materials and vehicles for military and public security use; special components, parts, supplies and equipment and technology for the manufacture thereof under Clause 3, Article 13 of Decree No. 96/2016/ND-CP within their management competence when these establishments satisfy the prescribed conditions;

d/ To manage business establishments; to regularly grasp the situation and collect documents on the assurance of national security, social order and security at business establishments;to handle violationsaccording to its competence;

dd/ To send a written notice of suspension of business activities under Clause 2, Article 200 of the 2014 Law on Enterprises to unqualified business establishments;

e/ To notify in writing the grant of certificates of security and order eligibility to business establishments to the Police Division for Administrative Management of Social Order of the locality where business establishments operate for joint management;

g/ To conduct post-inspections at business establishments under their management;to conduct examination and inspection under regulations; to settle complaints and denunciations; to prevent, detect, fight and handle security and order-related violations according to its competence;

h/ To guide and provide training in security and order assurance for business establishments under its management;

i/ To coordinate with related units of the Ministry of Public Security in studying and applying information technology to management of businesses engaged in business lines subject to security and order conditions;

k/ To review the implementation of legal documents on management of business lines subject to security and order conditions; to implement information and reporting regulations;

l/ To perform other tasks relating to the management of enterprises engaged in business lines subject to security and order conditions under the guidance of leaders of the Ministry of Public Security and the General Department of Police.

Article 11.Responsibilities of local public security agencies

1. To advise People’s Committees of the same level to direct related agencies to coordinate with public security agencies in managing business lines subject to security and order conditions.

2. To direct their professional units to intensify management to detect and handle in accordance with law business establishments that are operating without registration or license granted by a competent state management agency under regulations.

3. To grant written approval to business establishments outside the Army and the Public Security Force within their management competence to manufacture, purchase and sell military uniforms and hats; badges, insignias, badges and number signs of the People’s Army and the People’s Public Security Force; and trade in speed-measuring devices for road motor vehicles; breath alcohol detectors; GSM mobile phone trackers and other mobile phone trackers when these establishments satisfy security and order conditions and recommended by the Police Divisions for Administrative Management of Social Order.

4. Police Divisions for Administrative Management of Social Order and district-level public security agencies shall:

a/  Perform the tasks specified at Points b, d, dd, g, h and k, Clause 3, Article 10 of this Circular according to their assigned functions and tasks relating to the management of establishments engaged in business lines subject to security and order conditions;

b/ Notify in writing the grant of certificates of security and order eligibility to the public security agencies of the localities where business establishments operate for joint management, specifically as follows: Police Divisions for Administrative Management of Social Order shall send the notices to district-level public security agencies; district-level public security agencies shall send them to commune-level public security agencies.

5. Commune-level public security agencies shall:

a/ Receive written notices from business establishments under Decree No. 96/2016/ND-CP, including notices of business establishments’ activities; notices of protection targets of security service businesses; notices of debt collection service providers; and notices of lodging service business establishments;

b/ Advise the commune-level People’s Committee on certification of the resumes of persons in charge of security and order of business establishments who have permanent residence registration in the localities under their management;

c/ Handle security and order-related violations at business establishments according to their competence.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 12.Effect

This Circular takes effect on December 6, 2017, and replaces the Minister of Public Security’s Circular No. 45/2009/TT-BCA (C11) of July 14, 2009, guiding a number of articles of Decree No. 52/2008/ND-CP of April 22, 2008, on management of security service business, and the Minister of Public Security’s Circular No. 33/2010/TT-BCA of October 5, 2010, prescribing security and order conditions for a number of conditional business lines.

Article 13.Implementation responsibility

1. The Director General of the General Department of Police shall guide, inspect and urge the implementation of this Circular.

2. Directors general of general departments and heads of units under the Ministry of Public Security, directors of provincial-level Public Security Departments and fire prevention and fighting police agencies, and related agencies, organizations and individuals shall implement this Circular.

Any problems and difficulties arising in the course of implementation of this Circular should be reported to the Ministry of Public Security (via the General Department of Police) for timely guidance.-

Minister of Public Security
Senior Lieutenant-General
TO LAM