Decree No. 66/2017/ND-CP dated May 19, 2017 of the Government on prescribing the conditions for doing business in camouflaged sound recording, video recording and positioning devices and software

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ATTRIBUTE

Decree No. 66/2017/ND-CP dated May 19, 2017 of the Government on prescribing the conditions for doing business in camouflaged sound recording, video recording and positioning devices and software
Issuing body: GovernmentEffective date:
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Official number:66/2017/ND-CPSigner:Nguyen Xuan Phuc
Type:DecreeExpiry date:Updating
Issuing date:19/05/2017Effect status:
Known

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Fields:Commerce - Advertising , National Security , Information - Communications

SUMMARY

Only special agencies allowed to get camouflaged sound recording and video recording devices

 

On May 19, 2017, the Government issued the Decree No. 66/2017/ND-CP prescribing the conditions for doing business in camouflaged sound recording, video recording and positioning devices and software.

In accordance with this Decree, Only the following business establishment can do business in camouflaged sound recording, video recording and positioning devices and software such as business establishments of the Ministry of Public Security that are granted certificates of satisfaction of security and order conditions by a competent agency of the Ministry of Public Security; business establishments of the Ministry of National Defense that are granted certificate of satisfaction of security and order conditions by a competent agency of the Ministry of National Defense; and business establishments other than those specified above that are granted certificate of satisfaction of security and order conditions by a competent agency of the Ministry of Public Security..

What’s more important, the Decree prescribes that business establishments are allowed o sell only camouflaged sound recording and video recording devices and software to subjects permitted by law to use secret sound recording and video recording measures, such as specialized agencies in charge of protection of national security and social order and safety; agencies responsible for executing secret sound recording and video recording measures under the conditions, competence and procedures for special procedural investigation measures prescribed by the Criminal Procedure Code.

At the same time, business establishments must employ only persons who are aged full 18 years or older, have full civil act capacity and are not drug-addicted. Not to employ persons who are under criminal investigation, prosecution or trial, are permitted to postpone serving an imprisonment sentence, are released from prison ahead of their imprisonment terms on certain conditions, or are serving a non-custodian reform penalty… To destroy all camouflaged sound recording, video recording and positioning devices and software that are damaged.

This Decree takes effect on July 05, 2017.
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Effect status: Known
TTXVN

THE GOVERNMENT
 
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
No. 66/2017/ND-CP
 
Hanoi, May 19, 2017
 
DECREE
Prescribing the conditions for doing business in camouflaged sound recording, video recording and positioning devices and software[1]
 
Pursuant to the June 19, 2015 Law on Organization of the Government;
Pursuant to the December 3, 2004 Law on National Security;
Pursuant to the November 27, 2014 Law on Public Security;
Pursuant to the November 26, 2014 Investment Law;
Pursuant to the November 22, 2016 Law Amending and Supplementing Article 6 of, and Appendix 4 on the list of conditional investment and business lines and sectors to, the Investment Law;
At the proposal of the Minister of Public Security;
The Government promulgates the Decree prescribing the conditions for doing business in camouflaged sound recording, video recording and positioning devices and software.
 
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
1. Conditions for doing business in camouflaged sound recording, video recording and positioning devices and software are security and order conditions for this business.
2. This Decree prescribes the security and order conditions, state management and responsibilities of organizations and individuals engaged in, and enforcement measures for, doing business in camouflaged sound recording, video recording and positioning devices and software.
Article 2. Subjects of application   
This Decree applies to Vietnamese and foreign agencies, organizations and individuals involved in investment and business and establishment of enterprises, licensing, registration and management of business in camouflaged sound recording, video recording and positioning devices and software.
Article 3. Interpretation of terms  
In this Decree, the terms and expressions below are construed as follows:
1. Business in camouflaged sound recording, video recording and positioning devices and software covers manufacturing, assembling, transporting, storing, trading in, exporting, importing, leasing and repairing camouflaged sound recording, video recording and positioning devices and software.
2. Camouflaged sound recording or video recording device is a sound-recording or video-recording device made in the form of an ordinary device or appliance.
3. Camouflaged positioning device is a device with the function of positioning or targeting objects, which is made in the form of an ordinary device or appliance.
4. Camouflaged sound recording, video recording or positioning software is a software created as a system software, application, utility or tool or programmed or added with command codes for secretly filming, taking photos, sound-recording or positioning target objects.
5. The person in charge of security and order of a business establishment is:
a/ The at-law representative, manager or owner of the business establishment who is named in the documents specified at Point b, Clause 1, Article 9 of this Decree;
b/ A person authorized by the person specified at Point a of this Clause to be named in the certificate of satisfaction of security and order conditions for business in camouflaged sound recording, video recording and positioning devices and software (below referred to as certificate of satisfaction of security and order conditions).
Article 4. Principles of operation and management   
1. Compliance with the Investment Law, this Decree and other relevant regulations; assurance of interests of the State, lawful rights and interests of organizations and individuals.
2. Publicity and transparency in the management; creation of favorable conditions and assurance of a stable security and order environment for effective business of organizations and individuals.
Article 5. Prohibited acts
1. Conducting business without a certificate of satisfaction of security and order conditions or after having the certificate revoked.
2. Taking advantage of business operations to perform acts harmful to security and order.
3. Lending, leasing or trading in a certificate of satisfaction of security and order conditions.
4. Counterfeiting a certificate of satisfaction of security and order conditions; forging dossiers and documents of application for a certificate of satisfaction of security and order conditions; tampering with or erasing contents of a certificate of satisfaction of security and order conditions;
5. Impeding or failing to submit to examination, inspection or handling of violations by public security offices, army units or competent state management agencies;
6. Illegally manufacturing, assembling, transporting, storing, trading in, exporting, importing, leasing or repairing camouflaged sound recording, video recording and positioning devices and software.
7. Abusing one’s position or powers to harass applicants, refuse to grant or grant certificates of satisfaction of security and order conditions in contravention of this Decree; obstructing, causing troubles to or infringing upon the right to freedom of enterprise of organizations and individuals; covering up violations of affiliated persons of business establishments.
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