Chương 2 Nghị định 14/2001/NĐ-CP: Trách nhiệm của các chủ thể tham gia hoạt động kinh doanh dịch vụ bảo vệ

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.