Decree No. 73/2001/ND-CP dated October 05, 2001 of the Government on the operation and organization of security forces in agencies and enterprises

DECREE

ON THE OPERATION AND ORGANIZATION OF SECURITY FORCES IN AGENCIES AND ENTERPRISES

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;

At the proposal of the Minister Public Security,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.-This Decree prescribes the operation and organization of security forces in State agencies and enterprises, as well as economic organizations and units set up under the Enterprise Law, the Cooperative Law and the Law on Foreign Investment in Vietnam (hereinafter referred collectively to as agencies and enterprises).

The objects on the State-prescribed list of those to be protected by the people’s army and peoples police forces shall not be governed by this Decree.

Article 2.-In this Decree, the terms below shall be construed as follows:

Security operation means the augmentation of professional measures to be taken by security forces in order to ensure security, order and property safety for agencies and enterprises. Security operation covers the following contents:

a) Administrative measures;

b) Mass measures;

c) Patrol and guard measures.

Article 3.-Responsibilities of the heads of agencies and enterprises

1. To bear responsibility for security activities in their agencies and enterprises. To direct the elaboration and organize the implementation of security plans and internal rules in their agencies and enterprises. To urge and inspect security activities in their agencies and enterprises;

2. Depending on the requirements, characteristics and sizes of their agencies and enterprises, to decide on the forms of staff organization and arrangement, training plans and acquirement of working facilities for security forces;

3. To organize the implementation of documents providing professional guidance on security activities in agencies and enterprises, issued by the Ministry of Public Security.

Article 4.-Criteria of security guards

1. Being Vietnamese citizens aged full 18 or older, having clear personal backgrounds and good morality, having no previous criminal records, having the general education level and being physically fit for the requirements of security work.

2. Having been trained, fostered in security operation through courses organized by the police offices of the provincial or higher level, and having been granted certificates thereof.

Article 5.-Responsibilities of the Ministry of Public Security

1. To prescribe the coordination in managing and inspecting the implementation of security tasks in agencies and enterprises;

2. To prescribe security operation training contents, form of security guard’s certificates, as well as uniforms, badges and insignia of security forces in agencies and enterprises.

3. To provide guidance on security operation for security forces in agencies and enterprises.

Chapter II

TASKS, POWERS, ORGANIZATION OF AS WELL AS REGIMES AND POLICIES FOR, SECURITY FORCES IN STATE AGENCIES AND ENTERPRISES

Article 6.-Security forces in State agencies and enterprises shall have the following tasks:

1. To coordinate with the police offices in the communes, wards or townships in order to thoroughly grasp the situation of security, social order and safety in the localities where their agencies and enterprises are located . To propose the heads of the agencies and enterprises to work out internal regulations on the protection of agencies and enterprises; to suggest plans and measures to prevent and combat crimes and other acts of law violation in their agencies and enterprises;

2. To apply professional measures according to law provisions and security operation guidance of the provincial-level police offices in order to prevent and detect acts of violating security rules of the agencies and enterprises. To promptly propose handling measures to the heads of the agencies and enterprises;

3. To act as the core in the movement of protecting the national security by the mass in agencies and enterprises, building safe agencies and enterprises. To coordinate with the concerned mass organizations in the agencies and enterprises in propagating and disseminating laws in order to raise the people’s sense of vigilance, and guide mass organizations to participate in the protection of security, social order and safety in the agencies and enterprises;

4. To implement the stipulations on fire prevention and fight, maintain public security and manage weapons, explosive materials, inflammables and toxic substances (if any). To coordinate with the police offices in assisting the heads of the agencies and enterprises to manage and educate people with previous criminal records, people having finished their prison terms and people having completely served other administrative handling measures, who are employed to work at agencies and enterprises;

5. To directly organize the control of people entering and/or exiting the agencies and enterprises. When such incidents as fire, explosion, accidents, public disturbance,.occur in agencies and enterprises, to keep the scenes intact, render first aid to victims, arrest the offenders in the act, and immediately notify the nearest police offices thereof.

Article 7.-Security forces in the State agencies and enterprises shall have the following powers:

1. To inspect and urge sections, units, officials and employees in the agencies and enterprises to implement the provisions of the legislation and legal documents on security and order, as well as the security rules of the agencies and enterprises;

2. While being on duty, if detecting signs of law violations, to be allowed to check papers, search bodies, inspect goods and transport means entering and/or exiting the agencies and enterprises;

3. To verify cases which have occurred in their agencies and enterprises according to the competence assigned by the heads of the agencies or enterprises, or at the requests of the competent police offices.

Article 8.-In large and important State agencies and enterprises, where Security Sections, Departments or Teams are set up, the security forces shall be included in the organizational system of such agencies or enterprises. For agencies and enterprises, where the security forces are organized in the hierarchical form, the grassroots security forces shall be subject to the direct management and direction of the heads of their units, and at the same time, submit to the professional direction and guidance of the police offices and their superior security organizations.

Article 9.-Regimes and policies for security guards and officials working at State agencies and enterprises

1. To enjoy the benefits, regimes and policies prescribed by the State for security guards and officials of State agencies and enterprises and specific provisions of their State agencies and enterprises;

2. To be trained and fostered in security operation and technical knowledge of the field their agencies and/or enterprises operate.

3. Security officials on the payroll and salaried with the State budget, who have capabilities and development prospect, shall be trained, fostered and promoted by the agencies and enterprises like other officials.

Chapter III

OPERATION OF, AS WELL AS REGIMES AND POLICIES FOR, SECURITY FORCES IN ECONOMIC ORGANIZATIONS AND UNITS SET UP UNDER THE ENTERPRISE LAW, THE COOPERATIVE LAW AND THE LAW ON FOREIGN INVESTMENT IN VIETNAM

Article 10.-Security forces in economic organizations and units set up under the Enterprise Law, the Cooperative Law and the Law on Foreign Investment in Vietnam shall have the following tasks:

1. To work out plans and internal rules on security operation in their agencies and enterprises, in compliance with the requirements and situation of security and order in the localities where their agencies and enterprises are located, and to consult with the police offices before submitting them to the Management Boards or the heads for approval;

2. To suggest to the Management Boards or the heads of the agencies and enterprises specific measures on the protection of agencies, enterprises and properties, as well as on the work of fire prevention and fight in the agencies and enterprises;

3. To directly protect the properties of their agencies and enterprises; to perform the specific tasks of protecting the agencies or enterprises, assigned by the Management Boards or the heads of the agencies and enterprises;

4. Upon the occurrence of such incidents as fires, explosions, accidents, public disturbances,... to keep the scenes intact, render first aid to victims, arrest the offenders in the act and immediately notify the nearest police offices thereof.

Article 11.-While performing the task of controlling people entering and/or exiting the agencies and units, if security forces in economic organizations and enterprises have any doubts, they shall be allowed to check papers, search bodies, inspect goods and means entering and/or exiting the agencies and enterprises as prescribed.

Article 12.-Regimes, policies and other benefits enjoyed by the security guards in economic organizations and units shall be decided by the Management Boards or the heads of the agencies and units through labor contracts agreed upon by the two parties on the basis of the provisions of the Labor Code.

Chapter VI

COMMENDATION AND HANDLING OF VIOLATIONS

Article 13.-Collectives and individuals performing security tasks in agencies and enterprises, that record outstanding achievements in security work and the movement of protecting the national security by the mass, shall be commended and/or rewarded as prescribed by the State and by the police service.

Article 14.-Collectives and individuals performing security tasks in agencies and enterprises, that abuse their security tasks and powers to commit acts of law violation, shall, depending on the nature and seriousness of their violations, be disciplined, administratively handled or examined for penal liability.

Chapter V

IMPLEMENTATION PROVISIONS

Article 15.-This Decree replaces Decree No. 223/HDBT of June 19, 1990 of the Council of Ministers (now the Government) on the security activities and organization in the State agencies and factories, and takes effect 15 days after its signing.

Article 16.-The Minister of Public Security shall have to guide in detail the implementation of this Decree.

Article 17.-The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decree.