Nghị định 14/2001/NĐ-CP về quản lý hoạt động kinh doanh dịch vụ bảo vệ

DECREE

ON THE MANAGEMENT OF THE SECURITY SERVICE BUSINESS

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;
In order to unify the State management over the security service business and to meet the requirement of ensuring security, order and socio-economic development;
At the proposal of the Minister of Public Security,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.-

1. This Decree stipulates the State management over the security service business in the following domains:

a/ Human protection;

b/ Property and goods protection;

c/ Manufacture and repair of special technical means and equipment used exclusively for security services.

2. The targets and objects on the State-prescribed list to be safeguarded and protected by the peoples army and the peoples police forces and the objects prescribed by law to be protected by the security forces of agencies and enterprises shall not fall under the scope of regulation of this Decree.

Article 2.-

1. Only enterprises that are established and have registered for business activities according to the provisions of this Decree and other relevant law provisions may conduct the security service business.

2. The following organizations and individuals shall not be allowed to establish and manage the security service business enterprises:

a/ Organizations and individuals that are banned from establishing and managing enterprises under the Enterprise Law and other legal documents;

b/ Those who are being subject to other administrative handling measures, are serving non-custodial reform, are being subject to residence ban or probation, or are banned by the court from conducting the security service business;

c/ Those who possess previous criminal records of intentional crimes or had been subject to other administrative handling measures but have not yet been, according to law provisions, regarded as not yet having been handled for administrative violations;

d/ Foreign organizations and individuals, overseas Vietnamese, foreign-invested enterprises or enterprises owned by overseas Vietnamese.

3. The following organizations and individuals shall not be allowed to directly provide security services:

a/ Organizations and individuals specified in Clause 2 of this Article;

b/ Foreign organizations and individuals, overseas Vietnamese, foreign-invested enterprises or enterprises of overseas Vietnamese, except for a number of activities of manufacturing and repairing special technical means and equipment exclusively used for security services specified at Point c, Clause 1, Article 1 of this Decree.

Article 3.- All organizations and individuals engaged in the security service business shall have to strictly observe the provisions of this Decree and other relevant law provisions; submit to the guidance, inspection and violation-handling by the competent State bodies.

Article 4.- It is strictly forbidden to establish enterprises for conducting secret investigation, armed security activities or acts of taking advantage of the security service business to infringe upon the States interests, legitimate rights and interests of organizations and individuals.

All acts of violating the provisions of this Decree and other relevant law provisions on the organization and operation of the security service business must be detected in time and strictly handled according to law provisions.

Chapter II

RESPONSIBILITIES OF THE SUBJECTS ENGAGED IN SECURITY SERVICE BUSINESS ACTIVITIES

Article 5.-

1. The establishment and business registration of the security services or the expansion of the scope and geographical area of operation, and the addition of security service business lines shall have to comply with the provisions of this Decree and other relevant law provisions on each type of enterprise.

2. In the dossiers of application for business registration certificates or for addition of security service business lines, there must be "certificates of satisfaction of security and order conditions" issued by the Police Offices of the provinces or centrally-run cities.

The State bodies competent to grant business registration certificates or permit the addition of security service lines may grant business registration certificates only upon the availability of "certificates of satisfaction of security and order conditions conditions."

Article 6.-

1. A dossier of application for "certificate of satisfaction of security and order" consists of:

a/ An application for the "certificate of satisfaction of security and order conditions";

b/ The dossier addressed to a competent State body, applying for security service business registration certificate or addition of security service business lines;

c/ A list and CVs (affixed with photos and certified by the Police Offices of the communes of residence) of the founders and those who are expected to hold key posts in the enterprise;

d/ The regulations on the organization and operation, scope and scale of the security service business.

2. Within 15 days after receiving the valid dossiers, the provincial-level Police Offices shall have to effect the granting of "certificates of satisfaction of security and order conditions" to the dossier submitters.

For cases of ineligibility or incomplete dossiers as required in Article 6 of this Decree, the Police Offices shall have to clearly inform in writing the dossiers submitters of the reasons therefor or request the completion of such dossiers.

3. The applicants for "certificates of satisfaction of security and order conditions" shall have to pay a fee. The fee rates and the regime on fee management and use shall be prescribed by the Ministry of Finance.

Article 7.- Within 10 days before conducting the security service business, the heads of the enterprises shall have to inform in writing the provincial-level Police Offices of the addresses of their head offices, the location and the time of commencement of operation and, at the same time, attach therewith the copies of their business registration certificates and the lists of their leadership and management members.

Article 8.-

Where a security service business enterprise has registered its business in one province while permitted to open its branch(es) or representative office(s) or regularly providing security services in other provinces, it shall, within 10 days before starting such operation, have to inform such in writing and send therewith a list of its employees expected to work in these provinces to the Police Offices of these provinces.

Article 9.- The heads of the security service business enterprises must be those who have clear personal backgrounds, possess necessary legal knowledge and professional qualifications suited to the enterprises under their management, have experiences in the security work and do not fall in one of the cases specified in Clause 2, Article 2 of this Decree.

Article 10.-

1. Employees of the security service business enterprises must be those who have clear personal backgrounds (certified by the Police Offices of the communes of their residence) and do not fall in one of the cases specified in Clause 3, Article 2 of this Decree.

2. When on duty, employees of the security service business enterprises shall have to wear security guards badges and carry security guards certificates, issued by the enterprises directors, for production when necessary.

Article 11.- While providing security services, if detecting security- or order-related cases occurring in the protected areas, such as fires, explosions, injury-inflicting or fatal accidents; order disturbances or acts showing criminal signs, the security guards on duty there shall have to keep the scenes intact, render first aid to victims and take necessary measures to minimize damage and, at the same time, immediately report them to the nearest police office for timely handling measures.

Article 12.-

1. The import and export of special technical means and equipment exclusively used for security services must be permitted in writing by the Ministry of Public Security before applying for the import or export permits.

2. Establishments that manufacture special technical means and equipment exclusively used for security services must clearly inscribe their names on their products and shall have to register with and send the product samples to the provincial-level Police Office for archive.

Chapter III

RESPONSIBILITIES OF THE MINISTRIES, BRANCHES AND THE PEOPLE�S COMMITTEES OF DIFFERENT LEVELS IN THE MANAGEMENT OF THE SECURITY SERVICE BUSINESS ACTIVITIES

Article 13.- The Minister of Public Security shall be accountable to the Government for performing the State management function in the security and order domain regarding the security service business activities nationwide and have the following tasks and powers:

1. To prescribe concrete security and order conditions in the security service business activities;

2. To direct the Police Offices of various levels to supervise and guide the observance of the regulations on security and order in the security service business activities; inspecting the security profession training program and contents; handling according to their competence acts of violating the regulations on security and order in the organization and operation of the security service business enterprises;

3. To propose the Government to promulgate or amend legal documents related to the assurance of security and order in the security service business activities.

Article 14.- The ministries, the ministerial-level agencies and the agencies attached to the Government shall, within the scope of their respective functions, tasks and powers, have to coordinate with the Ministry of Public Security in managing, directing and guiding the organization and operation of the security service business enterprises according to law provisions.

Article 15.- The Peoples Committees of various levels shall perform the function of State management over the security service business activities according to their competence and under the direction and guidance of the Ministry of Public Security according to the provisions of this Decree and other relevant law provisions.

Chapter IV

COMMENDATION AND HANDLING OF VIOLATIONS

Article 16.- Individuals and organizations engaged in the security service business activities, that have made positive contributions to the security and order protection, shall be considered for commendation and reward according to general provisions of the State.

Article 17.- In the course of operation, the security service business enterprises shall have to observe the regulations on security and order under the guidance of the Police Offices.

All acts of violating the provisions of this Decree and other relevant law provisions on the security service business organization and activities shall, depending on their nature and seriousness, be subject to administrative sanctions or penal liability examination. If any property damage is caused, compensation must be paid therefor according to law provisions.

If detecting that security service business enterprises employ those who are unqualified under the provisions of Article 2 of this Decree, the Police Offices may request such enterprises to immediately terminate the employment of such persons.

Article 18.- All acts of abusing positions and powers, violating law provisions on the granting of business registration certificates and "certificates of satisfaction of security and order conditions" or other violations in the management of the security service business activities shall, depending on the their nature and seriousness, be subject to administrative disciplines or penal liability examination.

Chapter V

IMPLEMENTATION PROVISIONS

Article 19.-

1. Enterprises with 100% domestic capital, which are permitted to conduct the security services business activities before the promulgation of this Decree, shall not have to re-carry out the business registration procedures but, within 60 days as from the effective date of this Decree, have to carry out additional procedures as prescribed in this Decree.

2. Enterprises already permitted by competent State bodies to enter into joint ventures with foreign organizations, individuals or overseas Vietnamese for conducting the security services business activities before the promulgation of this Decree, may continue operation till the expiry of the term inscribed in their licenses but must neither expand the scope and/or geographical area of their operation nor add new security service lines. During the time of continued operation, they shall have to observe the provisions of this Decree and other relevant law provisions.

3. Domestic enterprises, enterprises of joint venture with foreign organizations, individuals or overseas Vietnamese, that are conducting the security service business activities without permission of competent State bodies, shall have to terminate their operation.

Article 20.- This Decree takes implementation effect 15 days after its signing.

The Ministry of Public Security shall guide in detail the implementation of this Decree.

Article 21.- The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the Peoples Committees of the provinces and centrally-run cities shall have to implement this Decree.