Decree No. 96/2016/ND-CP dated July 01, 2016 of the Government on security and order conditions for a number of conditional business lines

DECREE

On security and order conditions for a number of conditional business lines[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the November 26, 2014 Law on Investment;

Pursuant to the November 26, 2014 Enterprise Law;

Pursuant to the November 27, 2014 Law on the People’s Public Security Force;

At the proposal of the Minister of Public Security;

The Government promulgates the Decree on security and order conditions for a number of conditional business lines.

Chapter I

GENERAL PROVISIONS

Article1.Scope of regulation

This Decree prescribes security and order conditions for, state management of, and responsibilities of organizations and individuals in, activities of business lines subject to security and order conditions in the territory of Vietnam.

Article2.Subjects of application

This Decree applies to Vietnamese agencies, organizations and individuals and foreign organizations and individuals involved in investment in and establishment, licensing, registration and management of business lines subject to security and order conditions.

Article3.Business lines subject to security and order conditions and scope of management

1.  Production of seals, covering production of seals bearing the national emblem of the Socialist Republic of Vietnam, seals with symbols and seals without symbols as prescribed by the law on management and use of seals.

2. Support instrument business, covering production, assembly, import, export, purchase and sale of support instruments and bullets for support instruments and parts of support instruments; repair of support instruments.

3. Firework business, covering production, contracted processing, import, export, purchase and sale of fireworks, other types of firecrackers and firecracker powder as prescribed by the law on management and use of firecrackers.

4. Pawnshop service, covering provision of money-lending service in which borrowers have to pledge lawful property at pawnshops.

5. Massage service, covering use of physical therapy for massage and kneading for healthcare purposes.

Massage activities of health establishments for medical treatment and of establishments employing persons with disabilities are not governed by this Decree.

6. Business in signaling devices of priority vehicles, covering production, assembly, import, export, purchase and sale of priority-signaling pennants, lights and horns of motor vehicles.

7. Security service, covering guard service for people, assets, targets and lawful activities of agencies, organizations and individuals.

Guard activities for persons and targets on the State-prescribed list of those to be guarded with arms and protected by the People’s Public Security Force or People’s Army, and guard activities for agencies and enterprises prescribed in Decree No. 06/2013/ND-CP of January 9, 2013, on guard of agencies and enterprises, are not governed by this Decree.

8. Paint spray gun business, covering production, assembly, import, export, purchase and sale of paint spray guns, paint bullets and parts of paint spray guns; provision of paint spray gun use service.

9. Electronic prize-game business for foreigners.

10. Debt collection service, covering collection of debts in money and lawful property for agencies, organizations or individuals under authorization contracts.

11. Casino business, covering prize games in casino business.

12. Betting service, covering all types of betting services.

13. Gas business, covering gas business activities prescribed in Decree No. 19/2016/ND-CP of March 22, 2016, on gas business.

14. Industrial explosive material business, covering production, import, export, purchase, sale, recycling, preservation, transportation and destruction of industrial explosive materials.

Industrial explosive material research, development and testing activities are not governed by this Decree.

15. Explosive precursor business, covering production, import, export, purchase, sale, preservation, transportation and disposal of ammonium nitrate of concentration of 98.5% or higher (below referred to as explosive precursor).

16. Business lines using industrial explosive materials and explosive precursors, covering activities using industrial explosive materials for construction of works, exploration and exploitation of minerals, oil and gas; use of explosive precursors for production of industrial explosive materials.

17. Blasting service, covering provision of services using industrial explosive materials for work construction and mineral, oil and gas exploration and exploitation for agencies, organizations or individuals for lawful purposes.

18. Printing service, covering desktop publishing, printing and post-printing processing (other than screen-printing establishments and photocopy shops) to make the following products:

a/ Publications (other than Braille books, audio and video recordings with book-substitute contents or illustrations);

b/ Newspapers, magazines and other journalistic publications as prescribed by the press law;

c/ Forms, table forms and legal papers issued by state agencies, political organizations and socio-political organizations;

d/ Anti-counterfeit stamps;

dd/ Packaging, stamps and labels of pharmaceutical products, pharmacochemical products, medicines and functional foods (other than packaging, stamps and labels of pharmaceutical products, pharmacochemical products, medicines and functional foods printed by the producers themselves);

e/ Financial invoices; papers printed with face value or used for writing face value.

19. Business in devices causing interference to or disrupting mobile communication, covering production, import, export, purchase and sale of devices blocking communication signals from mobile phones to base stations.

20. Aesthetic plastic surgery service, covering use of surgical techniques to alter the identical characteristics of persons.

21. Karaoke bar and dancehall service:

a/ Karaoke bar service, covering activities of singing after audio and video discs or through other audio and video recording technologies;

b/ Dancehall services, covering dancing activities at dance businesses as prescribed by law.

Dance training is not governed by this Decree.

22. Lodging service, covering lodging establishments as prescribed by the Tourism Law and other forms of lodging service (hour-based lodging and overnight lodging) provided on the mainland or tourist vessels.

The lease of houses by organizations and individuals to Vietnamese or foreigners (under house rent contracts) for accommodation, study and working is not governed by this Decree.

23. Business in military equipment and goods for armed forces, weapons for military use, equipment, technologies, materials and devices for military or security use; and specialized components, parts, supplies, equipment and technologies for manufacture thereof, covering:

a/ Production, purchase and sale of military uniforms and hats; badges, insignias, stripes and number signs of the People’s Army and the People’s Public Security Force;

b/ Manufacture, assembly, import, export, purchase, sale, transportation and repair of small firearms for military use as prescribed by the law on management and use of weapons, explosive materials and support instruments; speed-measuring devices for road motor vehicles; alcohol detectors; GSM mobile phone trackers and other mobile phone trackers.

Specialized components, parts, equipment and technologies for manufacture of small firearms for military use; speed-measuring devices for road motor vehicles; alcohol detectors; GSM mobile phone trackers and other mobile phone trackers.

Article 4. Interpretation of terms

In this Decree, the terms and phrases below are construed as follows:

1. Security and order is the shortened expression of national security and social order and safety.

2. Business lines subject to security and order conditions are those prescribed in Article 3 of this Decree the operation of which involves complex factors related to security and order vulnerable to abuse for commission of crime and other violations of law.

3. Establishments performing business lines subject to security and order conditions are those performing business lines prescribed in Article 3 of this Decree (below referred to as business establishments),including:

a/ Enterprises;

b/ Cooperatives, cooperative unions;

c/ Branches and establishments of enterprises, cooperatives and cooperative unions;

d/ Revenue-generating non-business units operating in business lines subject to security and order conditions, which are owned by agencies and organizations;

dd/ Business households.

4. Business establishments operating in a single business place are those using a single address or those operating on a single premises.

5. Person in charge of security and order of a business establishment means:

a/ The at-law representative, manager or owner of the business establishment named in a legal document prescribed in Clause 2, Article 19 of this Decree;

b/ The person named in the certificate of eligibility regarding security and order under the authorization of the person prescribed at Point a of this Clause.

6. Competent public security agency means a public security unit prescribed in Article 24 of this Decree.

7. Security guard certificate means a document granted by a competent public security agency to a security guard having passed a required test.

8. Valid copy means a copy which has been compared with its original or printed from the national web portal of enterprise registration and is certified by the dossier recipient; or a copy granted from the original or certified by a competent agency or organization.

Article 5. Principles of operation and management of business lines subject to security and order conditions

1. All Vietnamese and foreign organizations and individuals operating in business lines subject to security and order conditions that are eligible as prescribed in this Decree and observe other relevant laws may conduct business activities and be granted a certificate of eligibility regarding security and order.

2. Publicity and transparency in management; creation of favorable conditions and guarantee of a stable secure and safe environment for organizations and individuals to operate efficiently.

Article6.Prohibited acts

1. Conducting business when having no certificate of eligibility regarding security and order or after having this certificate revoked.

2. Taking advantage of business lines subject to security and order conditions to commit acts that infringe upon security and order or are contrary to national ethics or fine customs and practices.

3. Lending, leasing, purchasing or selling certificates of eligibility regarding security and order.

4. Forging certificates of eligibility regarding security and order; forging dossiers and documents to apply for a certificate of eligibility regarding security and order; altering or erasing contents of such a certificate.

5. Using security service to infringe upon lawful rights and interests of agencies, organizations or individuals.

6. Providing security service using force or threatening to use force in order to intimidate, obstruct or cause difficulties to routine activities of agencies, organizations or individuals or infringe upon lawful rights and interests of agencies, organizations or individuals.

7. Collecting debts without an authorization contract signed with the creditor or without prior notice to the public security agency of the commune, ward or township where the debts are collected.

8. Obstructing or failing to obey examination or inspection or violation handling by public security agencies or competent state management agencies.

9. Taking advantage of positions and powers to cause difficulties in order not to grant certificates of eligibility regarding security and order, or to grant these certificates in contravention of this Decree; obstructing, harassing or infringing upon the right to freedom of enterprise of organizations or individuals; covering up violations of law by persons involved in activities of business establishments subject to security and order conditions.

Chapter II

SECURITY AND ORDER CONDITIONS

Article 7.General security and order conditions applicable to business lines

1. Being registered, licensed or established in accordance with Vietnamese law.

2. The person in charge of security and order of a business establishment does not fall into one of the following cases:

a/ For Vietnamese:

Having been charged with a criminal offence for which Vietnamese or foreign proceeding-conducting bodies are conducting investigation, prosecution or trial.

Having previous records for criminal offenses of infringement upon national security or for other criminal offenses committed intentionally and subject to imprisonment of 3 years or longer, which have not yet been expunged; being currently suspended from serving a prison sentence; being currently serving the penalty of non-custodial reform; being currently on probation or prohibited from residence in certain localities, holding certain posts or doing business lines subject to security and order conditions under a court’s decision.

Being currently serving the educational measure in a commune, ward or township; subject to a decision on application of administrative handling measure pending implementation of such decision; being currently a drug addict; being currently postponed or suspended from serving a decision on confinement to a compulsory reformatory or detoxification establishment; having been subject to an administrative handling measure but still ineligible for being regarded as not having been subject to such administrative handling measure;

b/ For overseas Vietnamese holding foreign passports and foreigners:

Having not obtained a residence permit from a competent Vietnamese agency.

3. Being eligible regarding fire prevention and fighting as prescribed by the law on fire prevention and fighting.

Article8.Business lines requiring a security and order assurance plan

1. Establishments operating in the following business lines must have a security and order assurance plan:

a/ Support instrument business;

b/ Firecracker business;

c/ Paint spray gun business;

d/ For-foreigner electronic prize game business;

dd/ Casino business;

e/ Betting service;

g/ Industrial explosive material business;

h/ Explosive precursor business;

i/ Business lines using industrial explosive materials and explosive precursors;

k/ Blasting service;

l/ Dancehall business;

m/ Lodging service (applicable to enterprises);

n/ Business in small firearms for military use.

2. A security and order assurance plan must contain the following basic contents:

a/ Specific site, area and target requiring increased security and order;

b/ Implementation measures;

c/ Regular force employed in the service;

d/ Means employed in the service;

dd/ Organization and direction measures;

e/ Measures for coordination with administrations and related specialized agencies of the locality where the business establishment operates;

g/ Scenarios of security and order incidents; mobilization of forces and means; response measures.

Article 9.Security and order conditions for provision of pawn services

In addition to the conditions prescribed in Article 7 of this Decree, a pawnshop must satisfy the following conditions:

The person in charge of security and order of a pawnshop has permanent residence registration of at least 5 years in the commune, ward or township where the pawnshop is registered and in 5 years preceding the business registration time has not been administratively sanctioned by specialized agencies for acts against persons on official duty, disrupting public order, intentionally inflicting injuries, usury, gambling, organizing gambling or gambling den, stealing property, swindling for appropriating property, or unlawfully holding property.

Article 10.Security and order conditions for provision of debt collection services

In addition to the conditions prescribed in Article 7 of this Decree, a debt collection service provider must satisfy the following conditions:

The person in charge of security and order of the debt collection service provider has permanent residence registration of at least 5 years in the commune, ward or township where the provider’s business place is registered and in 5 years preceding the business registration time has not been administratively sanctioned by specialized agencies for acts against persons on official duty, disrupting public order, intentionally inflicting injuries, usury, gambling, organizing gambling or gambling den, or humiliating others.

Article 11.Security and order conditions for provision of security services

In addition to the conditions prescribed in Article 7 of this Decree, a security service provider must satisfy the following conditions:

1. Being an enterprise.

2. The person in charge of security and order of the security service provider holds a collegial or higher diploma and is not the person in charge of security and order of a security service provider which within 24 preceding months has had its certificate of eligibility regarding security and order revoked indefinitely (except in the case prescribed in Clause 2, Article 22 of this Decree).

3. For Vietnamese security service providers entering into joint ventures with foreign business establishments:

A Vietnamese security service provider may enter into a joint venture with a foreign security service provider only in case it needs investment in machinery and technical equipment serving security work and only in the form of the foreign party’s contribution of capital for purchase of machinery and technical equipment to serve security work.

4. For a foreign business establishment contributing capital to a Vietnamese security service provider:

a/ Being an enterprise that has provided security services for at least 5 consecutive years;

b/ The person representing the foreign business establishment’s contributed capital has not been penalized for violations related to the provision of security services in the form of caution or in a heavier form by a law enforcement body of the country where the foreign establishment operates;

c/ The foreign business establishment’s contributed capital is only used to purchase machinery and technical facilities serving security work. The foreign business establishment’s contributed investment capital is at least USD 1,000,000 (one million US dollars). The value of such machinery and technical facilities shall be determined by a competent pricing state management agency of the provincial or higher level; valuation costs shall be paid by the security service provider.

Article 12.Conditions for training security guards

1. Only the following establishments may train security guards:

a/ Security service providers prescribed in Clause 3 of this Article;

b/ Vocational training centers of People’s Security schools;

c/ Professional training and retraining centers of public security agencies of provincial or higher level;

d/ Security service providers prescribed in Clause 3 of this Article that wish to train security guards for other security service providers shall comply with the law on vocational education.

2. Security guard training institutions prescribed at Points b, c and d, Clause 1 of this Article shall provide competent public security agencies prescribed in Article 24 of this Decree with documents proving their security guard training function issued by a competent agency together with security guard training textbooks and programs. Training textbook contents must comply with Point dd, Clause 3 of this Article.

3. A security guard training service provider that trains its own security guards must satisfy the following conditions:

a/ Having classrooms and training places for security guards;

b/ Having provided the security service for at least 3 years; having a board for security guard management and training;

c/ Having a security guard staff of at least 300;

d/ Having trainers or having trainer hiring contracts. Trainers must have relevant professional qualifications and diplomas of collegial or higher level (except for martial arts);

dd/ Having a security guard training textbook and program. The training textbook must cover basic contents on politics; law; security operations; communication skills and behaviors; fire prevention and fighting; first aid and emergency aid for victims; management and use of support instruments; some martial arts movements for self-defense and control of opponents; other contents based on practical requirements of protected targets. The period of security guard training must be at least 30 days.

4. An establishment may train security guards only after having its training textbook and program approved by the Ministry of Public Security’s Police Department for Administrative Management of Social Order. After completing a training course, it shall make a written request to a competent public security agency for testing and result evaluation and grant of security guard certificates (made according to form No. 04 provided in the Appendix to this Decree) to security guards having passed the test.

Article 13.Operation conditions applicable to a number of business lines

In addition to the conditions prescribed in Articles 7 and 8 of this Decree, the business establishments below must satisfy the following conditions:

1. Only business establishments of the Ministry of Public Security may produce seals bearing the national emblem of the Socialist Republic of Vietnam and seals bearing the public security force’s badge; only business establishments of the Ministry of National Defense may produce seals bearing the army’s badge, except business establishments that have operated before the effective date of this Decree.

2. Only business establishments of the Ministry of National Defense and the Ministry of Public Security may do the business in paint spray guns (excluding those providing the paint spray gun use service); military equipment and goods for the armed forces, weapons for military use, equipment, technologies, materials and vehicles for military and public security use; specialized components, parts, supplies and equipment and technology for the manufacture thereof.

3. Only business establishments outside the Army and the Public Security Force that have obtained written approvals from competent agencies of the Army or the Public Security as prescribed by the Ministry of National Defense or the Ministry of Public Security or have contracts as prescribed by law may do the business in military equipment and goods for the armed forces, weapons for military use, equipment, technologies, materials and vehicles for military and public security use; specialized components, parts, supplies and equipment and technology for the manufacture thereof.

4. Only business establishments of the Ministry of National Defense and the Ministry of Public Security may do the business in devices causing interference to and disrupting mobile communication.

5. Only business establishments of the Ministry of National Defense may do the business in firecrackers.

Chapter III

CERTIFICATES OF ELIGIBILITY REGARDING SECURITY AND ORDER

Article 14.Certificates of eligibility regarding security and order

Certificate of eligibility regarding security and order (Form No. 01 provided in the Appendix to this Decree) is a document granted by a competent public security agency to a business establishment operating in a business line prescribed in Article 3 of this Decree.

Article 15.Validity duration of certificates of eligibility regarding security and order

1. A certificate of eligibility regarding security and order has no validity duration except in the cases prescribed in Clause 2 of this Article.

2. A certificate of eligibility regarding security and order must clearly state its validity duration in the following cases:

a/ For a business establishment operating for a definite term under law or a document referred to in Clause 2, Article 19 of this Decree or a license granted by a specialized state management agency, the validity duration of its certificate of eligibility regarding security and order must not exceed that stated in such document;

b/ For a business establishment operating in a business line using industrial explosive materials for work construction or mineral, oil or gas exploration and exploitation, the validity duration of its certificate of eligibility regarding security and order must correspond to the time limit stated in the document on work construction or mineral, oil or gas exploration and exploitation.

3. In case the document or license referred to in Clause 2 of this Article have a validity duration of 10 years or longer, the certificate of eligibility regarding security and order must have no validity duration.

4. Business establishments shall provide documents or licenses that state their operation duration to competent public security agencies.

Article 16.Persons authorized to be named in certificates of eligibility regarding security and order

A person referred to at Point a, Clause 5, Article 4 of this Decree who resides unpermanently or infrequently in Vietnam shall authorize in writing a competent person of the business establishment to be named in the certificate of eligibility regarding security and order.

If the authorization is made outside the territory of Vietnam, a document on consular legalization of such authorization by the Vietnamese diplomatic mission in the country where the authorization is made is required. The authorizing and authorized persons shall both take responsibility for the implementation of security and order provisions of this Decree and other relevant laws of Vietnam.

Article 17.Management and use of certificates of eligibility regarding security and order

1. The person in charge of security and order of a business establishment shall closely mange the certificate of eligibility regarding security and order and produce it to public security agencies and competent state management agencies when so requested.

2. The person in charge of security and order of a business establishment shall preserve the certificate of eligibility regarding security and order upon suspension of business operation. In case the business establishment goes bankrupt or terminates operation, its certificate of eligibility regarding security and order is no longer valid. Within 5 days after announcing its bankruptcy or operation termination, the business establishment shall return its certificate of eligibility regarding security and order to a competent public security agency.

Article 18.Revocation of certificates of eligibility regarding security and order

A certificate of eligibility regarding security and order shall be revoked in the following cases:

1. Revocation for an indefinite term:

a/ Using forged documents or providing untrue information in documents, thus distorting the nature of documents for application of the certificate of eligibility regarding security and order;

b/ After obtaining the certificate of eligibility regarding security and order, the business establishment is detected by a competent public security agency through post-licensing inspection to fail to satisfy the conditions prescribed in this Decree and fails to satisfy such conditions within 40 days after the public security agency makes a written conclusion on its ineligibility;

c/ The business establishment fails to operate within 6 months after obtaining the certificate of eligibility regarding security and order;

d/ The business establishment is dissolved or bankrupt as prescribed by law;

dd/ The business establishment is subject to operation termination or has one of the documents prescribed in Clause 2, Article 19 of this Decree revoked by a competent agency;

e/ Lending, leasing, purchasing or selling the certificate of eligibility regarding security and order;

g/ Taking advantage of the business establishment’s operations to infringe upon security and order and being proposed by a competent agency to have its certificate of eligibility regarding security and order revoked for an indefinite term;

h/ For a foreign-invested security service provider, the contributed capital for purchase of machinery and technical means serving security work fails to meet the requirement prescribed in this Decree.

2. Revocation for from 3 to 6 months:

a/ Doing business not in accordance with the business line stated in the certificate of eligibility regarding security and order;

b/ Failing to maintain the security and order conditions prescribed in Articles 7, 8, 11 and 12 of this Decree and being administratively sanctioned for such failure and failing to redress such failure within 30 days after being sanctioned;

c/ Altering and erasing to falsify contents of the certificate of eligibility regarding security and order;

d/ Violating regulations on security and order and having been administratively sanctioned twice or more in a year;

dd/ Failing to make quarterly reports to a competent public security agency in accordance with regulations in 4 consecutive quarters.

3. The revocation of certificates of eligibility regarding security and order prescribed in Clauses 1 and 2 of this Article shall be effected by competent public security agencies under revocation decisions.

After revocation, a public security agency shall make a written notice to the business registration agency or an agency competent to license the business establishment’s operations.

Chapter IV

DOSSIERS, ORDER, PROCEDURES AND COMPETENCE TO GRANT CERTIFICATES OF ELIGIBILITY REGARDING SECURITY AND ORDER AND SECURITY GUARD CERTIFICATES

Article 19.Dossier for grant of a certificate of eligibility regarding security and order applicable to all business lines

1. The business establishment’s application for a certificate of eligibility regarding security and order (Form No. 03 provided in the Appendix to this Decree).

2. A valid copy of one of the following documents:

a/ Business registration certificate; enterprise registration certificate; investment registration certificate; operation registration certificate of the enterprise’s branch or unit; cooperative or cooperative union registration certificate; registration certificate of the cooperative’s or cooperative union’s branch or business place; operation license of a competent Vietnamese state management agency; household business registration certificate; establishment document or establishment permission document together with the notice of tax identification number, for revenue-generating non-business units;

b/ In case the documents referred to at Point a of this Clause do not show the business establishment’s business lines, the business establishment shall supplement documents proving the business lines in which it is operating and request the writing of such lines in the certificate of eligibility regarding security and order as approved by the business registration agency or a competent agency (for business establishments being enterprises, the public security agency shall look up these documents in the national business registration portal).

3. Valid copies of papers and documents proving eligibility regarding fire prevention and fighting for business places and material and goods warehouses, including:

a/ Document on test and approval of fire prevention and fighting work, for business establishments on the list provided in Appendix IV to Decree No. 79/2014/ND-CP of July 31, 2014, detailing a number of articles of the Law on Fire Prevention and Fighting and the Law Amending and Supplementing a Number of Articles of the Law on Fire Prevention and Fighting (below referred to as Decree No. 79/2014/ND-CP);

b/ Inspection record of fire prevention and fighting work, made by the fire prevention and fighting police agency, for business establishments other than those prescribed at Point a, Clause 3 of this Article which are on the list provided in Appendix I to Decree No. 79/2014/ND-CP;

c/ Business establishments which are not required to submit the documents prescribed at Points a and b, Clause 3 of this Article include those producing seals; producing pennants, trading in pennants, lights and horns of priority vehicles; providing security service; providing debt collection service; providing betting service; doing business in devices causing interference to and disrupting mobile communication; providing aesthetic plastic surgery service; doing business in speed detectors for road motor vehicles; doing business in alcohol detectors; doing business in GSM mobile phone trackers and other mobile phone trackers;

d/ A contract on rent of a warehouse meeting fire prevention and fighting requirements as prescribed at Points a and b, Clause 3 of this Article, for business establishments having no material or product warehouses as prescribed;

dd/ Documents proving eligibility regarding fire prevention and fighting which are documents of warehouses storing industrial explosive materials and explosive precursors, for establishments operating in business lines using industrial explosive materials and explosive precursors.

4. Resume (Form No. 02 provided in the Appendix to this Decree) together with the judicial record or personnel declaration (Form No. 02b provided in the Appendix to this Decree) of the person in charge of security and order of the business establishment, specifically as follows:

a/ Resume and judicial record, for a resident Vietnamese being the person in charge of security and order to be named in the certificate of eligibility regarding security and order (excluding those currently on the payroll of a state agency, armed forces, a political organization or a socio-political organization);

The resume of the person prescribed at this Point who is currently on the payroll of a state agency, armed forces, a political organization or socio-political organization shall be certified by the competent agency or organization directly managing this person (except the business establishment).

Certification by the commune-level People’s Committee of the locality of his/her permanent residence registration, for a person other than those prescribed above;

b/ Personnel declaration together with a valid copy of the passport, permanent or temporary residence card or valid visa in Vietnam, for an overseas Vietnamese holding a foreign passport or a foreigner;

c/ Resume and judicial record or personnel declaration of the person to be named in the certificate of eligibility regarding security and order, for a business establishment having more than one at-law representative.

Article 20.Dossier for grant of a certificate of eligibility regarding security and order applicable to a number of business lines

In addition to the documents prescribed in Article 19 of this Decree, a dossier of application for a certificate of eligibility regarding security and order applicable to establishments operating in the following business lines must comprise:

1. Valid copy of the diploma proving the qualification of the person in charge of security and order of the business establishment to be named in the certificate of eligibility regarding security and order, for a security service provider without foreign investment.

2. For a foreign-invested security service provider:

a/ Valid copy of the diploma proving the qualification of the person in charge of security and order to be named in the certificate of eligibility regarding security and order;

b/ Document proving the foreign enterprise’s eligibility as prescribed at Points a and b, Clause 4, Article 11 of this Decree, bearing the consular legalization by the Vietnamese diplomatic mission in the country or territory where the foreign enterprise is headquartered.

3. Security guard training textbook and program, for a security service provider licensed for training security guards.

4. Written permission for operation by a specialized state management agency, for a business establishment producing industrial explosive materials; doing business in explosive precursors; doing a business line using industrial explosive materials for mineral, oil or gas exploration and exploitation; doing business in small firearms for military use; running casinos; running electronic prize games for foreigners; or providing betting service.

Article 21.Dossier for change or re-grant of a certificate of eligibility regarding security and order

1. A certificate of eligibility regarding security and order may be changed in case it is damaged, contains errors, has its details changed, or expires.

A dossier of request for change of a certificate must comprise:

a/ A written request for change of a certificate of eligibility regarding security and order (Form No. 03 provided in the Appendix to this Decree) addressed to a competent public security agency;

b/ Valid copies of documents proving changes in the information written in the certificate of eligibility regarding security and order (if any);

c/ The document prescribed in Clause 4, Article 19 of this Decree, in case of change of the person named in the certificate of eligibility regarding security and order of the business establishment;

d/ The original certificate of eligibility regarding security and order.

2. A certificate of eligibility regarding security and order may be re-granted in case it is lost.

A dossier of request for re-grant of a certificate of eligibility regarding security and order in case it is lost must comprise:

a/ A written request for re-grant of a certificate of eligibility regarding security and order (Form No. 03 provided in the Appendix to this Decree) addressed to a competent public security agency;

b/ Receipt of the paid fine as prescribed by law (if any).

Article 22.Dossier and time limit for re-grant of a certificate of eligibility regarding security and order after it is revoked

A certificate of eligibility regarding security and order shall be re-granted after it is revoked under Clause 1, Article 18 of this Decree as follows:

1. Within 6 months after its certificate of eligibility regarding security and order is revoked in the case prescribed at Point b, c or h, Clause 1, Article 18 of this Decree, if a business establishment becomes eligible as prescribed in this Decree and wishes to continue its business, it shall submit a dossier of request for re-grant of a certificate of eligibility regarding security and order to a competent public security agency. A dossier must comprise:

a/ The business establishment’s written request for re-grant of a certificate of eligibility regarding security and order (Form No. 03 provided in the Appendix to this Decree) addressed to a competent public security agency;

b/ Valid copies of supplemented documents proving the business establishment’s eligibility for doing business (if any).

2. When having its certificate of eligibility regarding security and order revoked in the case prescribed at Point a or e, Clause 1, Article 18 of this Decree, if the person in charge of security and order remains unchanged, only 12 months after the revocation decision is issued, a business establishment may submit a dossier of request for re-grant of a certificate of eligibility regarding security and order.

A dossier of request for re-grant of a certificate of eligibility regarding security and order is the same as for the dossier of application for a certificate of eligibility regarding security and order prescribed in Article 19 or 20 of this Decree.

3. When having its certificate of eligibility regarding security and order revoked in the case prescribed at Point g, Clause 1, Article 18 of this Decree, if the person in charge of security and order remains unchanged, only 24 months after the revocation decision is issued, a business establishment may submit a dossier of request for re-grant of a certificate of eligibility regarding security and order, unless otherwise decided by the court.

An application dossier for re-grant of a certificate of eligibility regarding security and order is the same as for the application dossier for grant of a certificate of eligibility regarding security and order prescribed in Article 19 or 20 of this Decree.

4. For a business establishment having its certificate of eligibility regarding security and order revoked in the case prescribed in Clause 2 or 3 of this Article, if it replaces the person in charge of security and order, the dossier of request for re-grant of a certificate of eligibility regarding security and order is the same as for the dossier of application for a certificate of eligibility regarding security and order prescribed in Article 19 or 20 of this Decree.

Article 23.Order and procedures for dossier submission and time limit for grant of a certificate of eligibility regarding security and order

1. Order and procedures for dossier submission:

a/ A business establishment shall submit to a competent public security agency a dossier for grant, change or re-grant of a certificate of eligibility regarding security and order prescribed in Article 19, 20, 21 or 22 of this Decree;

b/ A business establishment running at the same business place different business lines for which certificates of eligibility regarding security and order are granted by public security agencies of different levels shall submit to the public security agency of the highest level a dossier of application for a single certificate of eligibility regarding security and order for those business lines;

c/ For different business establishments running at the same business place different business lines for which certificates of eligibility regarding security and order are granted by public security agencies of different levels, each business establishment shall submit a dossier to the public security agency of the highest level for grant of a certificate of eligibility regarding security and order to each establishment;

d/ For branches and subsidiaries of a business establishment which operate outside the business place of the business establishment, each branch or subsidiary shall submit a dossier to the public security agency competent to manage the business establishment for grant of a certificate of eligibility regarding security and order to that branch or subsidiary.

2. Dossier submission methods:

A business establishment may choose to submit its dossier:

a/ Directly to a competent public security agency;

b/ Through a post service provider; or

c/ Via the Ministry of Public Security’s portal for management of business lines subject to security and order conditions.

A business establishment that submits its dossier via the Ministry of Public Security’s portal for management of business lines subject to security and order conditions shall send to a competent public security agency the papers and documents prescribed in Article 19, 20, 21 or 22 of this Decree upon receipt of the certificate of eligibility regarding security and order.

3. The time limit for grant of a certificate of eligibility regarding security and order counting from the date of receiving a complete and valid dossier is prescribed as follows:

a/ Five working days, for the cases prescribed in Articles 19 and 20, and Clauses 2, 3 and 4, Article 22 of this Decree;

b/ Four working days, for the cases of change and re-grant prescribed in Article 21, and Clause 1, Article 22, of this Decree.

4. If refusing to grant a certificate of eligibility regarding security and order, within 4 working days after receiving a dossier, a public security agency shall issue a written reply clearly stating the reason to the applicant.

Article 24.Competence to grant certificates of eligibility regarding security and order and security guard certificates and appraise and approve security guard training textbooks and programs

1. The Ministry of Public Security’s Police Department for Administrative Management of Social Order shall:

a/ Grant certificates of eligibility regarding security and order to and manage establishments doing business in small firearms for military use; doing business in industrial explosive materials; doing business in explosive precursors; providing blasting service; running business lines using industrial explosive materials for exploration and exploitation of minerals or oil or gas on the continental shelf of Vietnam; providing lodging service of five-star or higher rank; doing business in support instruments; doing business in paint spray guns (except those providing paint spray gun use service); doing business in firecrackers; running casinos; and running electronic prize games for foreigners; foreign-invested security service providers; security service providers licensed for security guard training; and business establishments of the Ministry of Public Security;

b/ Assume the prime responsibility for testing and granting security guard certificates to security guards trained at business establishments licensed for security guard training; vocational training centers of People’s Police schools; professional training and retraining centers of units under the Ministry of Public Security, which are licensed for security guard training;

c/ Appraise and approve security guard training textbooks and programs for establishments licensed for security guard training prescribed in Clause 1, Article 12 of this Decree.

2. Police divisions for administrative management of social order of provincial-level public security agencies shall:

a/ Grant certificates of eligibility regarding security and order to business establishments (other than those prescribed at Point a, Clause 1 of this Article) engaged in:

Producing seals; running business lines using industrial explosive materials; producing, purchasing and selling uniforms, hats, badges, insignias, stripes and number signs of the People’s Army and the People’s Police.

Doing business in machinery and equipment (including components, parts and equipment for the manufacture thereof), namely speed detectors for road motor vehicles; GSM mobile phone trackers and other mobile phone trackers; and alcohol detectors; providing betting service; providing printing service.

Doing business in devices causing interference to and disrupting mobile communication; providing aesthetic plastic surgery service; running dancehalls; providing lodging service; providing debt collection service; providing security service.

Business establishments of the Army and revenue-generating non-business units of central- and provincial-level agencies and organizations in localities under their management.

Business establishments other than those prescribed at Point a, Clause 1, and Clause 3, of this Article; business establishments as authorized in writing by the Ministry of Public Security’s Police Department for Administrative Management of Social Order.

b/ Assume the prime responsibility for testing and granting security guard certificates to security guards trained at local public security agencies’ professional training and retraining centers licensed for security guard training.

3. District-level public security agencies of provinces and centrally run cities shall grant certificates of eligibility regarding security and order to and manage business establishments (other than those prescribed at Point a, Clause 1, and Point a, Clause 2, of this Article), including:

a/ Business establishments providing paint spray gun use service; karaoke bar service; massage service; and pawn service; doing business in signaling devices of priority vehicles; doing gas business;

b/ Business establishments other than providers of lodging service and printing service;

c/ Revenue-generating non-business units operating in business lines subject to security and order conditions of district-level agencies and organizations.

Chapter V

RESPONSIBILITIES OF BUSINESS ESTABLISHMENTS

Article 25.General responsibilities applicable to business lines

1. The person in charge of security and order of a business establishment shall take responsibility for ensuring security and order conditions and fully implement provisions on security and order of this Decree and other relevant laws.

2. Within 5 days after starting its business, a business establishment shall send a notice together with a copy of the certificate of eligibility regarding security and order to the public security agency of the commune, ward or township where it operates.

3. To regularly and constantly maintain security and order conditions prescribed in this Decree in the course of operation.

4. Not to use the business establishment for carrying out unlawful activities which affect security, order, national ethics and fine customs and practices.

5. To detect and promptly notify public security agencies of suspected signs or security and order -related problems at the business establishment.

6. In case of loss of the certificate of eligibility regarding security and order, to send a notice to a competent public security agency within 3 working days.

7. To make quarterly and irregular reports on security and order under the Ministry of Public Security’s guidance.

8. To obey inspection, examination and violation handling by public security agencies and competent state management agencies.

9. To only employ persons who are full 18 years or older; have full civil act capacity; and are not drug addicts. To refrain from employing persons who are currently under investigation, prosecution or trial; are in the period of postponement of serving a prison sentence; are released from prison ahead of time on certain conditions; or are serving the penalty of non-custodial reform.

10. Within 20 days after starting its operation, a business establishment shall provide a competent public security agency with the following documents:

a/ A list of its employees;

b/ The resume and personnel declaration of the person in charge of security and order of the business establishment, other than the person named in the certificate of eligibility regarding security and order;

c/ Documents proving its eligibility for each business line prescribed in Articles 8, 11 and 12 of this Decree;

d/ Statistics on equipment serving security work (if any);

dd/ Diagram of the business place, for establishments doing business in industrial explosive materials or explosive precursors; running business lines using industrial explosive materials and explosive precursors; providing blasting service; doing business in support instruments; doing business in paint spray guns; doing business in firecrackers; running casinos; running electronic prize games for foreigners; providing lodging service; providing karaoke bar or  dancehall service; providing massage service; providing pawn service.

11. To make a written request for a competent public security agency to re-grant or change the certificate of eligibility regarding security and order due to its loss, damage, expiry or change of its information details.

12. To provide training in security and order assurance for security guards and other related staff of the business establishment according to the guidance of a competent public security agency.

13. If suspending its operation, 10 days before such suspension, to send a notice to a competent public security agency and the public security agency of the commune, ward or township where the establishment operates, clearly stating the reason for and duration of such suspension.

14. For an establishment doing business in small firearms for military use; industrial explosive materials; explosive precursors; running business lines using industrial explosive materials and explosive precursors; providing blasting service; doing business in support instruments or paint spray guns, when terminating its business, to fully make statistics of the quantity of firearms for military use, industrial explosive materials, explosive precursors, support instruments or paint spray guns in stock (if any) and send a notice to the public security agency or military agency of provincial or higher level of the locality where the establishment operates, for handling in accordance with law.

15. To open business monitoring books for each business line according to the forms issued by the Ministry of Public Security.

16. To pay the fee for appraisal and grant of certificates of eligibility regarding security and order and the fee for testing for grant of security guard certificates in accordance with law.

Article 26.Responsibilities of seal producers

In addition to the responsibilities prescribed in Article 25 of this Decree, a seal producer shall:

1. Publicly post up the process of receiving seal production dossiers and seal engraving prices at the business establishment.

2. Produce seals with long-lasting and highly stable materials.

3. Closely preserve and send seals to competent public security agencies for registration in accordance with regulations, not directly hand over seals to customers, except for seals of enterprises not managed by public security agencies as prescribed by the law on management and use of seals.

4. Refrain from providing designs of seals of agencies and organizations to unauthorized persons.

5. Promptly report to public security agencies for verification and clarification persons suspected to make seals in contravention of regulations.

Article 27.Responsibilities of business establishments of support instruments and paint spray guns

In addition to the responsibilities prescribed in Article 25 of this Decree, a business establishment of support instruments or paint spray guns shall:

1. Arrange warehouses for safe storage of support instruments or paint spray guns in accordance with law.

2. Issue internal rules on assurance of security, order, fire and explosion prevention and fighting and post them at easy-to-notice and -read places of warehouses of support instruments or paint spray guns.

3. Only purchase support instruments or paint spray guns and their bullets and accessories of lawful origin for manufacture of support instruments or paint spray guns and only sell support instruments or paint spray guns and their bullets to agencies and organizations licensed by competent public security agencies.

4. Only repair support instruments or paint spray guns for agencies and organizations when obtaining a permit from a public security agency.

5. Ensure safety when providing paint spray gun use service for customers and only provide this service to persons aged full 18 or older.

6. When providing paint spray gun use service for customers, have health staff on duty to deal with any incidents that occur.

Article 28.Responsibilities of firecracker business establishments

In addition to the responsibilities prescribed in Article 25 of this Decree, a firecracker business establishment shall:

1. Arrange warehouses to store firecracker materials and firecracker products in accordance with the law on management and use of firecrackers.

2. Issue internal rules on assurance of security, order, fire and explosion prevention and fighting and post them up at easy-to-notice and -read places.

3. Only produce, process and sell firecrackers in accordance with the law on management and use of firecrackers.

4. Produce, preserve and transport firecrackers in accordance with regulations applicable to goods dangerous in terms of fire and explosion.

5. Import and export firecrackers and firecracker powder only when obtaining a permit from a competent agency as prescribed by the law on management and use of firecrackers.

6. Only sell fireworks to agencies and organizations that obtain a competent state management agency’s written approval for the use thereof.

7. For firecrackers which can no longer be used, set up a liquidation and disposal council in accordance with law.

Article 29.Responsibilities of pawn service providers

In addition to the responsibilities prescribed in Article 25 of this Decree, a pawn service provider shall:

1. Check personal papers of persons pledging properties, including valid identity card, citizen card, passport or other personal papers stuck with photos issued by a state management agency, and photocopy these papers for preservation at the business establishment.

2. Make property pledge contracts in accordance with law.

3. For types of property which must have an ownership right certificate as required by law, only take such property as pledge when it has adequate ownership papers and keep the originals of these papers during the pledge time.

4. For pledged properties owned by third parties, ask for lawful written authorizations of the owners.

5. Refuse to take as pledge properties of unknown origin or acquired from violations of law.

6. The lending interest rate when taking a property as pledge must not exceed the interest rate prescribed by the Civil Code.

7. Arrange warehouses to keep pledged properties safe.

Article 30.Responsibilities of massage service providers

In addition to the responsibilities prescribed in Article 25 of this Decree, a massage service provider shall:

1. Arrange lockers for personal articles of massage customers.

2. Arrange separate rooms for male and female massage customers.

Article 31.Responsibilities of business establishments of signaling devices of priority vehicles

In addition to the responsibilities prescribed in Article 25 of this Decree, a business establishment of signaling devices of priority vehicles shall:

1. Refrain from importing and producing devices which go beyond sound and light limits for horns and lights prescribed in the Government’s Decree No. 109/2009/ND-CP of December 1, 2009, on signals of priority vehicles, and traded products must have documents proving their lawful origin.

2. Sell signaling devices of priority vehicles in the quantity and type exactly as written in permits issued by competent agencies in accordance with regulations.

Article 32.Responsibilities of security service providers

In addition to the responsibilities prescribed in Article 25 of this Decree, a security service provider shall:

1. Recruit and employ security guards who meet the following criteria:

a/ Having full civil act capacity; having no previous convictions of murder, intentional infliction of injuries and ownership-related offenses;

b/ Having clear personal records certified by commune-level People’s Committees of localities where they register their permanent residence;

c/ Having medical certificates proving their physical fitness for work issued by a health center or hospital of district or higher level;

d/ Having a diploma of lower secondary education or higher level;

dd/ A business establishment may not employ foreigners or overseas Vietnamese to take charge of security and order conditions, or to directly administer its business operations, or as security guards.

2. Only employ trained security guards who possess a security guard certificate.

3. Sign labor contracts with security guards in accordance with law.

4. Only train security guards after obtaining a competent public security agency’s written approval of contents of the security guard training textbook and program.

5. Equip badges and uniforms (with logos on shirts or jackets which have been registered with a competent public security agency) for security guards under its management.

6. Sign economic contracts to provide security service before starting the service.

7. Refrain from providing security service for subjects, targets or activities in contravention of law.

8. Within 5 days after providing security service for targets in provinces and centrally run cities outside the locality where the business establishment is headquartered, send a notice together with a valid copy of the certificate of eligibility regarding security and order; a list of security guards and quantity and type of support instruments (if any) at the guarded targets to the public security agencies of communes, wards or townships where the guarded targets are located.

9. For a foreign-invested business establishment, within 20 days after starting its operation, provide a competent public security agency with a list of machinery and technical equipment serving security work invested by the foreign business establishment, together with pricing documents of the machinery and technical equipment issued by a pricing management agency of provincial or higher level.

Article 33.Responsibilities of casino businesses and electronic prize game businesses for foreigners

In addition to the responsibilities prescribed in Article 25 of this Decree, a casino business or an electronic prize game business for foreigners shall:

1. Issue internal rules (in Vietnamese and foreign language) on security and order assurance, prevention and combat of social evils, and prevention and control of fire and explosion, and post them at the door of the business place.

2. Check personal papers of customers using the service, fully write their information in the monitoring book and keep copies of their personal papers.

3. Make statistics of the number and types of e-prize game machines of the business establishment and provide them to a competent public security agency together with valid copies of documents proving their lawful origin.

4. Disallow ineligible persons to play e-prize games or play at the casino as prescribed by the law on for-foreigner-electronic prize game business and casino business.

5. Promptly report to the public security agency when detecting customers bringing weapons, explosive materials or support instruments into the business place.

6. Have at least 30% of the security guards being staff members of a security service provider.

Article 34.Responsibilities of debt collection service providers

In addition to the responsibilities prescribed in Article 25 of this Decree, a debt collection service provider shall:

1. Recruit and employ debt collectors who must have no previous convictions of murder, disrupting public order, intentionally inflicting injuries, humiliating others or ownership-related offenses.

2. Only provide debt collection services within the scope permitted by law and have authorization contracts signed with creditors.

3. Within 3 days before performing a debt collection contract, send a notice to the public security agency of the commune, ward or township where the debt is collected.

4. When collecting debts, refrain from using force, threatening to use force and use equipment which affect public order.

5. Refrain from employing persons other than employees of the business establishment to collect debts.

Article 35.Responsibilities of betting service providers

In addition to the responsibilities prescribed in Article 25 of this Decree, a betting service provider shall:

1. Issue internal rules on security and order assurance and post them at an easy-to-notice and -read place of the business establishment.

2. Refrain from employing persons who have previous convictions of gambling, organizing gambling or gambling den, or usury.

3. Promptly report to the public security agency when detecting persons bringing weapons, explosive materials, support instruments or inflammables into the business place.

Article 36.Responsibilities of gas business establishments

In addition to the responsibilities prescribed in Article 25 of this Decree, a gas business establishment shall:

1. Issue internal rules on security and order assurance and post them at an easy-to-notice and -read place of the business establishment.

2. Observe regulations on safety and fire prevention and fighting.

3. Properly and fully implement established processes in the production, preservation and transportation of goods at high risk of fire and explosion.

Article 37.Responsibilities of business establishments of industrial explosive materials and explosive precursors

In addition to the responsibilities prescribed in Article 25 of this Decree, a business establishment of industrial explosive materials or explosive precursors shall:

1. Issue internal rules on security and order assurance and fire and explosion prevention and control and post them at an easy-to-notice and -read place.

2. Arrange warehouses for industrial explosive materials or explosive precursors; refrain from storing industrial explosive materials or explosive precursors and inflammables in the same warehouse.

3. Strictly observe the law on preservation and transportation of dangerous goods in the course of storing and transporting industrial explosive materials or explosive precursors.

4. Only sell industrial explosive materials or explosive precursors to organizations and individuals that possess a certificate of eligibility regarding security and order granted by a competent state agency and a permit for use of industrial explosive materials or written approval granted by the Ministry of Public Security’s General Department of Police (for non-commercial purpose).

Article 38.Responsibilities of establishments operating in business lines using industrial explosive materials and explosive precursors, and blasting service providers

In addition to the responsibilities prescribed in Article 25 of this Decree, an establishment operating in business lines using industrial explosive materials and explosive precursors or a blasting service provider shall:

1. Issue internal rules on security and order assurance and fire and explosion prevention and control and post them at an easy-to-notice and -read place of the area for industrial explosive material storage and use.

2. Arrange warehouses for industrial explosive materials and explosive precursors that satisfy the standards set by a specialized state management agency; refrain from storing industrial explosive materials and explosive precursors and inflammables in the same warehouse.

3. Only hire a blasting service provider possessing a certificate of eligibility regarding security and order and a blasting service license, without having to comply with Clauses 1 and 2 of this Article, for a business establishment that needs to use industrial explosive materials and hires blasting service.

4. At least 6 days before a blasting, send a notice to the district-level public security agency of the locality where the blasting is carried out for coordination in ensuring security and order.

5. Warehouse the unused industrial explosive materials, if any, for close management or resale to the supplier.

6. Refrain from purchasing industrial explosive materials or explosive precursors from organizations or individuals that are not licensed to trade in these products.

Article 39.Responsibilities of printing service providers

In addition to the responsibilities prescribed in Article 25 of this Decree, a printing service provider shall:

1. Issue internal rules on security and order assurance and fire prevention and fighting and post them at an easy-to-notice and -read place.

2. Store materials and printing products away from fire.

3. Only accept plate making, printing and post-printing processing for products with all required formalities, lawful papers and economic contracts in accordance with law.

4. Refrain from printing documents with contents contrary to national ethics and fine customs and practices and other documents in contravention of law.

Article 40.Responsibilities of business establishments of devices causing interference to and disrupting mobile communication

In addition to the responsibilities prescribed in Article 25 of this Decree, a business establishment of devices causing interference to and disrupting mobile communication shall:

1. Only do business in devices causing interference to and disrupting mobile communication of lawful origin.

2. Arrange warehouses for strict and safe preservation of devices causing interference to and disrupting mobile communication.

3. Only sell devices causing interference to and disrupting mobile communication to agencies or organizations that have written permits issued by a competent public security or army agency as prescribed by the Ministry of Public Security or the Ministry of National Defense or to other agencies or organizations that are permitted to use these devices by the Prime Minister.

4. Quarterly send reports together with a list of agencies having purchased devices causing interference to and disrupting mobile communication to a competent public security agency.

5. Dispose of damaged devices causing interference to and disrupting mobile communication.

Article 41.Responsibilities of aesthetic plastic surgery service providers

In addition to the responsibilities prescribed in Article 25 of this Decree, an aesthetic plastic surgery service provider shall:

1. Check and keep copies of personal papers of customers in their dossiers, comprising one of the following papers:

Identity card, citizen card or passport, for customers aged full 14 or older; birth certificate, for customers under 14.

2. For a customer aged full 14 or older, in case of surgery to change features of the face, take 4x6 cm portrait photos of the customer before and after surgery and keep them in the customer’s surgery dossier.

3. Quarterly send reports together with copies of personal papers and photos of customers prescribed in Clauses 1 and 2 of this Article to a competent public security agency.

Article 42.Responsibilities of karaoke bar service providers

In addition to the responsibilities prescribed in Article 25 of this Decree, a karaoke bar service provider shall:

1. Issue internal rules on security and order assurance, prevention and combat of social evils and control of fire and explosion, and post them at an easy-to-notice and -read place.

2. Promptly report to the public security agency when detecting customers bringing weapons, explosive materials, support instruments or inflammables into the karaoke bar or customers suspected to use narcotics.

Article 43.Responsibilities of dance hall service providers

In addition to the responsibilities prescribed in Article 25 of this Decree, a dance hall service provider shall:

1. Issue internal rules on security and order assurance, prevention and combat of social evils and control of fire and explosion and post them at an easy-to-notice and -read place.

2. Employ at least 30% of security guards being employees of a security service provider.

3. Promptly report to the public security agency when detecting customers bringing weapons, explosive materials, support instruments or inflammables into the dance hall or customers suspected to use narcotics.

Article 44.Responsibilities of lodging service providers

In addition to the responsibilities prescribed in Article 25 of this Decree, a lodging service provider shall;

1. Issue internal rules on security and order assurance, prevention and combat of social evils and control of fire and explosion and post them at an easy-to-notice and -read place.

2. Check personal papers of guests, comprising one of the following papers: identity card; citizen card; passport; permanent or temporary residence card (for foreigners); papers stuck with photos issued by a Vietnamese state management agency.

For guests without personal papers, after arranging rooms for them, promptly report to the public security agency of the commune, ward or township or to the police post or station managing the area.

3. Fully write information of guests in the monitoring book (or fully input information in the computer) before leading guests to their rooms.

4. Notify the public security agency of the commune, ward or township or the police post or station managing the area, for Vietnamese guests, and make temporary residence declaration for foreign guests (staying overnight or on an hourly basis) before 23:00 hours of the day. For guests arriving after 23:00 hours, notify before 08:00 hours of the next day. Notification shall be made as follows:

a/ For Vietnamese guests, if the business establishment is connected with the public security agency via the internet, notification shall be made online; if not, notification shall be made directly at the public security agency or by phone;

b/ For foreign guests, the business establishment shall fill in the form of temporary residence declaration for foreigners and send it to the public security agency.

5. Check and keep personal papers of persons visiting guests at rooms, full write information about these persons in the book and return these papers to them when they leave the lodging business establishment.

6. Keep information of guests and those visiting them at their rooms for at least 36 months.

7. For a guest brining weapons or support instruments, request him/her to produce the use permit issued by a public security or an army agency. If he/she fails to do so, promptly report such to the public security agency.

Article 45.Responsibilities of business establishments of military equipment and goods for the armed forces, weapons for military use, equipment, technologies, materials and vehicles for military and public security use; specialized components, parts, supplies and equipment and technology for the manufacture thereof.

In addition to the responsibilities prescribed in Article 25 of this Decree, a business establishment of military equipment and goods for the armed forces, weapons for military use, equipment, technologies, materials and vehicles for military and public security use; specialized components, parts, supplies and equipment and technology for the manufacture thereof shall:

1. Arrange warehouses in accordance with regulations on preservation of inflammable and explosible substances in accordance with the law on fire prevention and fighting.

2. Only import, purchase and sell materials and goods with documents proving their lawful origin.

3. Only sell or deliver products to units, organizations or individuals that possess a written approval from a competent army or public security agency.

4. Damaged and poor-quality products which cannot be used shall be liquidated and destroyed in accordance with regulations.

5. Within 20 days after staring operation, provide a competent public security agency with a written approval or contract prescribed in Clause 3, Article 13 of this Decree.

Chapter VI

RESPONSIBILITIES OF MINISTRIES, MINISTERIAL-LEVEL AGENCIES, GOVERNMENT-ATTACHED AGENCIES AND PROVINCIAL-LEVEL PEOPLE’S COMMITTEES AND EXAMINATION AND INSPECTION WORK

Article 46.Responsibilities of the Ministry of Public Security

The Ministry of Public Security shall take responsibility before the Government for the state management of security and order nationwide for conditional business lines prescribed in this Decree for prevention, detection, stoppage and handling of crimes and other law violations, having the following tasks and powers:

1. To guide and provide training in security and order assurance for business establishments subject to security and order conditions prescribed in this Decree, except for security service providers.

2. To promulgate forms serving the management of security and order for establishments operating in business lines prescribed in Article 3 of this Decree.

3. To guide uniforms, shoes, hats, shoulder-straps, lapel badges, hat badges and insignias for security guards.

4. To uniformly guide the appraisal of dossiers before grant and revocation of certificates of eligibility regarding security and order; post-licensing inspection of persons in charge of security and order and actual conditions at business establishments; testing and grant of security guard certificates according to the principle of granting a single type of security guard certificates for all contents of security guard training textiles as prescribed by this Decree, and to prevent, detect, stop and handle acts of taking advantage of  business lines subject to security and order conditions to commit crimes and other violations of law.

5. To organize public information on the law on security and order for establishments operating in business lines prescribed in this Decree and to guide business establishments in making plans on security and order assurance.

6. To assume the prime responsibility for, and coordinate with ministries and sectors in conducting examination and inspection, settling complaints and denunciations, detecting, fighting and handling security and order-related violations for business lines prescribed in this Decree according to its competence.

7. To assume the prime responsibility for, and coordinate with ministries and sectors in, applying information technology and developing an electronic database for management and clearance of administrative formalities related to security and order for organizations and individuals operating in business lines prescribed in this Decree.

8. To make preliminary and final reviews of the implementation of legal documents on security and order assurance for business lines prescribed in this Decree.

9. To propose and recommend amendments and supplements to legal documents on business lines subject to security and order conditions.

Article 47.Responsibilities of the Ministry of Finance

1. To assume the prime responsibility for, and coordinate with the Ministry of Public Security in, prescribing the rates, management and use of the fee for appraisal of security and order conditions for grant of certificates of eligibility regarding security and order and the fee for testing for grant of security guard certificates to security guards.

2. To coordinate with the Ministry of Public Security in estimating and finalizing funds for maintaining the operation of the Ministry of Public Security’s portal for management of business lines subject to security and order conditions in accordance with the State Budget Law and its guiding documents.

Article 48.Responsibilities of ministries, ministerial-level agencies and government-attached agencies

Ministries, ministerial-level agencies and government-attached agencies shall perform the following tasks and exercise the following powers:

1. To promulgate documents directing and guiding specialized agencies and units involved in the sectors and fields under their assignment to organize the implementation of this Decree.

2. To popularize, disseminate and educate about the laws in the fields involving business lines subject to security and order conditions under their management.

3. To coordinate with the Ministry of Public Security in examining and inspecting the observance of security and order conditions by business establishments related to their ministries and sectors according to their competence.

4. To propose and recommend amendments and supplements to legal documents on business lines subject to security and order conditions.

Article 49.Responsibilities of provincial-level People’s Committees

To direct local specialized agencies under their management in performing the following tasks and exercising the following powers:

1. To perform the state management of business lines subject to security and order conditions in accordance with this Decree and other relevant legal documents according to their competence.

2. To prevent, detect, fight, stop and handle crimes and other law violations related to activities of business lines subject to security and order conditions in their localities.

3. To propose and recommend amendments and supplements to legal documents on business lines subject to security and order conditions.

Article 50.Inspection and examination

1. Competent public security agencies shall conduct overall examination and inspection of the observance of regulations on security and order by establishments operating in business lines subject to security and order conditions no more than once a year or on an irregular basis.

Irregular examination or inspection may only be conducted when a business establishment is detected to commit or show signs of committing violations related to security and order or an organization or individual files a written complaint or denunciation about violations related to security and order at a business establishment, or to serve increased security and order assurance in accordance with guiding documents of competent agencies.

2. Examination and inspection contents:

a/ Examination and inspection of papers of legal dossiers; business contents written in licenses and certificates of eligibility regarding security and order granted by competent public security agencies to business establishments against the actual operations of the establishments;

b/ Examination of the observance of this Decree and relevant legal documents;

c/ Examination of persons, vehicles, products and services related to the operation of business establishments in accordance with law;

Upon completion of an examination or inspection, to make a record thereof (according to a  form provided by the Ministry of Public Security), clearly stating the results and problems or violations (if any).

3. Examination and inspection competence:

a/ Public security agencies granting certificates of eligibility regarding security and order and directly managing business establishments are competent to conduct annual or irregular examination and inspection;

b/ Non-business units of public security agencies of all levels may examine business establishments in the localities under their management only when detecting that business establishments commit or show signs of committing law violations related to security and order which must be promptly handled; or when an organization or individual files a written complaint or denunciation related to security and order at a business establishment under their management. Upon completion of an examination, they shall send a notice of results of examination and violation handling (if any) to the public security agency having granted the certificate of eligibility regarding security and order to that business establishment;

c/ When an irregular examination by a public security agency of any level according to its assigned functions and tasks is needed to serve political tasks or increase security and order, a written approval of the head of the public security agency of district or higher level or a directing document of a superior public security agency shall be sought for.

4. Violations detected through examination and inspection shall be strictly handled in accordance with law.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 51.Effect

1. This Decree takes effect on July 1, 2016. Decree No. 52/2008/ND-CP of April 22, 2008, on management of security service business, and Decree No. 72/2009/ND-CP of September 3, 2009, on security and order conditions for a number of conditional business lines is hereby annulled.

2. In the course of implementation, if legal documents invoked for application in this Decree are amended, supplemented or replaced, the contents invoked must comply with new documents in effect.

Article 52.Transitional provisions

1. Operating business establishments having obtained a certificate of eligibility regarding security and order for providing security services under Decree No. 52/2008/ND-CP of April 22, 2008, on management of security service business, or a certificate of eligibility regarding security and order under Decree No. 72/2009/ND-CP of September 3, 2009, on security and order conditions for a number of conditional business lines, and operating business lines as prescribed by law, may continue their business operations. Within 18 months after the effective date of this Decree, these business establishments shall comply with this Decree and change their certificates of eligibility regarding security and order without having to pay the fee for such change.

2. Security guard certificates granted to security guards under Decree No. 52/2008/ND-CP of April 22, 2008, on management of security service business remain valid.

Article 53.Implementation guidance and responsibility

1. The Minister of Public Security shall organize, guide and inspect the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees and organizations and persons involved in business lines subject to security and order conditions shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC