Chương 2 Nghị định 08/2001/NĐ-CP: Điều kiện về an ninh, trật tự thủ tục và trách nhiệm của tổ chức, cá nhân làm ngành, nghề kinh doanh có điều kiện

Chapter II

SECURITY AND ORDER CONDITIONS, THE PROCEDURES AND RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS CONDUCTING CONDITIONAL BUSINESS LINES AND TRADES

Article 4.- Security and order conditions include:

1. Conditions on the business subjects:

The heads of the establishments engaged in business lines or trades involving security and order conditions must have clear backgrounds and do not fall into one of the following cases:

a/ Minors; persons with limited civil act capacity or persons who have lost their civil act capacity;

b/ Persons against whom criminal cases have been instituted and investigation, prosecution or trial is being carried out by the criminal proceedings bodies;

c/ Persons who are banned by court from holding positions or practicing jobs related to business lines and trades involving security and order conditions, subject to residence ban, servicing imprisonment sentences, are on probation or subject to one of other administrative handling measures, such as: education in communes, wards or district townships, consignment to reformatories, medical establishments or administrative probation;

d/ Persons who had been sentenced for offenses of infringing upon the national security, particularly serious offenses and other offenses directly related to the said business lines and trades involving security and order conditions, but not yet have their criminal records wiped out.

2. Conditions on business establishments:

a/ Meeting the conditions of safety in fire prevention and fighting, explosion and poisoning prevention and environmental hygiene;

b/ Ensuring public order and safety;

c/ Being not located in the restricted areas prescribed by law.

Article 5.- Organizations and individuals engaged in business lines and trades involving security and order conditions shall be allowed to conduct their business activities only after being granted by the Police Department in charge of administrative management of social order under the Ministry of Public Security or provincial-level Public Security Offices "certificate of security and order qualifications" (for groups of trades specified in Clause 1, Article 2 of this Decree) or upon having committed themselves to strictly comply with the security and order regulations and conditions with the provincial/district Public Service Offices (for group of trades specified in Clause 2, Article 2 of this Decree).

Article 6.- A dossier of application for "certificate of security and order qualifications" comprises:

1. An application for "certificate of security and order qualifications";

2. A copy of the business registration certificate;

3. The curriculum vitae of the head of the business establishment engaged in business lines and trades involving security and order conditions.

In addition to the above generally prescribed papers, the Ministry of Public Security shall base itself on the security and order conditions prescribed in Clauses 1 and 2, Article 4 of this Decree to specify dossiers suitable to each business line or trade.

Within 10 days after receiving complete dossiers, the Police Department in charge of administrative management of social order under the Ministry of Public Security or the provincial-level Public Security Offices shall have to grant "certificate of security and order qualifications" to organizations and individuals engaged in business lines and trades involving security and order conditions. In cases where the conditions are not fully met, the Police Offices shall have to notify in writing the organizations and individuals applying for business licenses and business registration bodies of the refusal to grant certificates, clearly stating the reasons therefor.

Article 7.- As soon as a business establishment goes bankrupt, has its operation ceased, is dissolved or merged with another establishment, or no longer conducts lines or trades specified in Clause 1, Article 2 of this Decree, its certificate of security and order qualifications shall no longer be valid. In cases where a business establishment changes its business line or trade as specified in Clause 1, Article 2 of this Decree, its business location or its head, it shall have to declare such to the police office that has granted the certificate and supplement its dossier for the granting of new certificate.

Organizations and individuals that apply for "certificates of security and order qualifications" shall have to pay a fee prescribed by the Finance Ministry.

Article 8.- Organizations and individuals engaged in business lines and trades specified in Clause 2, Article 2 of this Decree, when submitting their written commitments to the provincial- or district-level police offices, shall have to enclose the following papers:

1. The curriculum vitae of the head of the establishment engaged in a business line or trade involving security or order conditions;

2. A copy of the business registration certificate.

In addition to the above generally prescribed papers, the Ministry of Public Security shall base itself on the requirements of security and order protection to specify the dossier suitable to each line or trade.

Article 9.- Organizations and individuals engaged in business lines and trades involving security and order conditions shall have to fully comply with the following regulations in the course of operation:

1. To notify in writing the police offices of communes, wards and district townships, where the business establishments are located, of the time point they officially commence their business operations;

2. To comply with the regulations on security and order in this Decree and the guidance of the Ministry of Public Security for each specific line or trade;

3. To detect and promptly report to the police offices cases or suspicions related to security and order in the business course;

4. To abide by the instructions and to submit to the inspection of security and order by the competent police offices.

Article 10.- The heads of the establishments engaged in business lines and trades involving security and order conditions shall be held responsible before law for all operations of the establishments they are in charge of.