Nghị định 06/2013/NĐ-CP quy định về bảo vệ cơ quan, doanh nghiệp

DECREE

ON THE SECURITY STAFF AT ORGANIZATIONS AND ENTERPRISES

Pursuant to the Law on Government organization dated December 25^th 2001;

Pursuant to the Law on National security dated December 03^rd 2004;

At the proposal of the Minister of Public Security;

The Government issues a Decree on the security staff at organizations and enterprises,

Chapter 1.

GENERAL REGULATIONS

Article 1. Scope of regulation

This Decree specifies the functions, tasks, entitlements, organization, activities, regimes, and policies applicable to the security staff at state agencies, enterprises, political organizations, socio-political organizations, socio-political-professional organizations, socio-professional organizations, and social organizations established within Vietnam’s law (hereinafter referred to as organizations)

Article 2. Subjects of application

This Decree is applicable to the Vietnamese and foreign organizations that operate within the territory of the Socialist Republic of Vietnam, the organizations and individuals relevant to the security at the organizations.  The organizations under the management of the People's Police and the People's Army are regulated by this Decree.

When an International Agreement to which Vietnam is a signatory is not consistent with this Decree, such International Agreement shall apply.

Article 3. The organization and operation of the security staff at organizations

1. The security department shall be established by the head of the organization; be subject to the direct management and direction from the head of the organization, the guidance and inspection from the police.

2. The organization and operation of the security staff of organizations must comply with this Decree and other relevant laws. It is prohibited to misuse the security position of the organization to commit illegal acts that violate the lawful rights and interests of organizations and individuals.

Article 4. Security techniques

1. Security techniques are the professional measures provided for the security staff in order to ensure the security, order, and safety of organizations. The security measures include:

a) Administrative measures;

b) Public measures;

c) Patrolling and guarding

2. The Ministry of Public Security shall specify the professional measures prescribed in Clause 1 this Article.

Article 5. Training security techniques

The provincial police department or an equivalent agency shall train the security techniques and issue certificates.

Article 6. Standards of security staff

Vietnamese citizens at the age of 18 or above; having clear records, good political credentials and moral sense, having graduated from high schools or above (or middle schools in highland, borderlands, remote areas), capable of civil acts, and having good health that meet the requirements for security works. The former police officers and soldiers shall be prioritized.

Article 7. Responsibility of the heads of organizations and the employees therein.

1. Responsibility of the heads of state organizations and political organizations:

a) Take total responsibility for the assurance of security, order, and safety of the property of the organization; direct the construction, organization, and inspection of the plan and regulation on the security at the organization; direct the security staff to cooperate with the police and local authorities in launching the security plans; assemble a principled and mighty security staff at the organization;

b) Decide a suitable form of the security staff depending on the requirements, nature, and scale of the organization; ensure the work conditions, facilities, equipment, and instruments serving the activities of the security staff;

c) Preside and cooperate with the police to train the security staff; organize the implementation of the documents issue by the Ministry of Public Security guiding the assurance of security and order at organizations.

2. The heads of the organizations funded by the State budget may not purchase permanent security services (except for some fields prescribed by the Ministry of Public Security). The casual or seasonal security services provided by security companies may be purchased when it is necessary to mobilize forces to protect the security, order, and safety of conventions, seminars, or in other cases.

3. The heads of other organizations shall fulfill the responsibility prescribed in Points a, b, and c Clause 1 of this Article and Clause 2 Article 11 of this Decree.

4. The employees in organizations shall participating in assisting and facilitating the tasks of security staff.

Article 8. Responsibility of the Ministry of Public Security

1. Specifying the cooperation with organizations in the managing and inspecting the security at organizations.

2. Specifying the content of the training courses in security techniques, the certificate form of security staff, uniforms, badges, signboards of security staff at organizations.

3. Train the security techniques of security staff at organizations an..

Chapter 2.

FUNCTIONS, TASKS, ENTITLEMENTS AND ORGANIZATIONAL STRUCTURE OF THE SECURITY STAFF AT ORGANIZATIONS

Article 9. Functions of the security staff at organizations

1. Giving advices to the managers on the formulation and implementation of regulations and security plan; ensuring the security, order, and safety of the organizations; satisfy the security requirements under the direction and guidance from competent police departments.

2. Fulfill the requirements, tasks, and implement the measures for protecting the security, order, and safety of organizations.

Article 10. Tasks of the security staff at organizations

1. The security staff at state organizations and political organizations shall:

a) Implement the professional measures in accordance with law and guidance from the police in order to prevent, detect and stop the illegal acts and violations of the internal regulations; suggest handling measures to the head of the organization.

b) Directly monitor people that enter and leave the organization. Upon the occurrence of events related to the security, order, and safety, the organization must preserve the scene, protect the property of the organization, help people, seize the suspects, and notify the nearest police department;

c) Comply with the regulations on fire prevention and fighting, preserve the public order;

d) Lead the movement for the public participation in the national security at organizations; create a safe environment in organizations;

dd) Cooperate with local police department in updating information, ensuring the security, order, and safety of the organization; request the head of the organization to formulate regulations on the security of the organization, the plan and measures for preventing crimes and illegal acts in the organization;

e) Implement the regulations on the management of simple weapons, gadgets, explosives, inflammable substances, toxic substances (if any); assist the head of the organization in cooperating with the police in managing and educating the workers that have previous convictions, previous offences, have implemented other measures for handling administrative violations;

g) Cooperate with the internal public organizations in disseminating law in order to raise the awareness of people; guide the public organizations to participating in the protection of security, order, and safety in the organization;

h) Perform other tasks to protect the organization assigned by the head of the organization in accordance with law.

2. The security staff at other organizations shall perform the tasks prescribed in Points a, b, c, d, dd, g, h  Clause 1 of this Article.

Article 11. Entitlements of the security staff at organizations

1. The security staff at state organizations and political organizations shall:

a) Inspect and expedite the implementation of the laws on security, safety, and the internal regulation on the security of the organization;

b) Inspect the papers, goods, and vehicles that enter and leave the organization while on duty if they are suspected of violating laws or internal regulations.

c) Verify the cases happened at the organization under the assignment of the head of the organization, or at the request of the competent police department.

d) Refuse the illegal request while on duty, and report such cases to the functional agencies for handling in accordance with law.

2. The security staff at  other organizations shall exercise the entitlements prescribed in Points b, c, and dd Clause 1 of this Article.

Article 12. The organization of the security staff at organizations

1. The security department or team shall be established at the state organizations, enterprises, and political organizations depending on the requirements, scale, and nature of them.

2. The establishment of the security staff at other organizations shall be decided by the Boards of Directors, the Member assemblies, or the heads of the organizations, in a way that suit the requirements, scale, and nature of such organization.

Chapter 3.

REGIMES, POLICIES, EQUIPMENT, AND BUDGET OF THE SECURITY STAFF AT ORGANIZATIONS

Article 13. The regimes and policies applicable to the security staff at state organizations, state enterprises, and political organizations

1. A security guard that have passed the probation period and considered qualified, he or she shall be employed, paid, and shall enjoy the benefits and policies prescribed by law.

2. If a security guard hurts or dies while working, he or she may enjoy the regimes and rewards applicable to martyrs as prescribed by the laws on incentives for contributors to the revolution, and the laws on emulation and commendation.

Article 14. The regimes and policies applicable to the security staff at other organizations

The regimes and policies applicable to the security staff at other organizations shall be decided by the Boards of Directors, the Member assemblies, or the heads of the organizations based on the labor contracts and laws.

Article 15. The equipment for the security staff at organizations

1. The security staff at organizations shall be provided with uniforms, equipment, simple weapons and gadgets as prescribed by law.

2. The security staff at organizations shall be provided with certificates, signboards, title bands, and other instruments as prescribed to serve the security protection.

3. The Ministry of Public Security shall specify the equipment, the management and use of equipment applicable to the security staff at organizations as prescribed in this Article.

Article 16. Budget the security staff at organizations and enterprises

1. The budget for the security staff at an organization is included in its regular budget.

2. The budget the security staff at a enterprise is included in the management cost of that enterprise ,

3. The legitimate sponsorship from other organizations and individuals.

Chapter 4.

IMPLEMENTATION ORGANIZATION

Article 17. Effects

1. This Decree takes effect on March 01^st 2013, and supersedes the Government's Decree No. 73/2001/NĐ-CP dated October 05^th 2001 on the operation and organization of the security staff at organizations and enterprises.

2. The organizations and enterprises that are not allowed to purchase permanent security services as prescribed in Decree, but have signed security service contracts, must comply with this Decree after such contracts expire.

Article 18. Implementation responsibility

1. The Minister of Public Security shall guide the implementation of this Decree.

2. The Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, the Presidents of People’s Committees of central-affiliated cities and provinces are responsible for the implementation of this Decree./.