Chương I Nghị định 52/2008/NĐ-CP: Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1.- Governing scope

1. This Decree provides for the management of security service business in the following domains:

a/ Body-guard services;

b/ Services on protection of property, commodities; protection of houses, production or business establishments, offices of agencies or organizations;

c/ Services on maintenance of security and order for sport, entertainment or recreation activities, festivals.

2. Activities of protecting subjects or targets on the state-prescribed lists, which are undertaken by people's police or people's army forces and activities of protecting agencies or enterprises under Decree No. 73/2001/ND-CP of October 5, 2001. on the operation and organization of forces protecting agencies or enterprises, are not governed by this Decree.

Article 2.- Subjects of application

1. Security service enterprises of all economic sectors.

2. Organizations and individuals involved in the security service business establishment, management and activities.

Article 3.- Principles for security service business organization and operation

1. The security service business establishment and registration must strictly comply with the provisions of this Decree and relevant laws. The appellations of security service enterprises must strictly comply with the provisions of enterprise law and must comprise the word group of "dich vu bao ve" (security service).

2. Only enterprises which are established and make business registration according to law and possess certificates of full satisfaction of conditions on security and order for security service business according to this Decree may conduct security service business activities.

3. Security service enterprises may not deal in branches, trades or services other than the security services prescribed by this Decree.

4. All security service activities must be carried out under written contracts, which clearly state specific service charge rates.

5. Domestic security service enterprises may enter into investment cooperation with foreign security service enterprises only in cases in which high techniques and technologies which cannot be met by the Vietnamese party are required, and such cooperation can be effected only in form of joint-venture capital contribution, investment in technical facilities and security operations, of which the foreign enterprise's contributed capital only represents under 50% of the legal capital and the total asset value of the joint- venture enterprise. Foreigners shall not be employed as security personnel.

Article 4.- Organizations and individuals not entitled to set up or manage security service enterprises and to directly perform security service activities

1. Organizations and individuals banned by the Enterprise Law and other legal documents from setting up and managing enterprises.

2. Persons being subject to other administrative handling measures under the Ordinance on Handling of Administrative Violations; serving their penalties of non-custody reform, residence ban, probation or suspended sentence in the probationary duration or being banned by courts from practice of security service business.

3. Persons with criminal records for intentionally committed crimes or persons subject to other administrative handling measures, who still fail to beat the deadlines for being considered not yet handled for administrative violations; drug addicts.

Article 5.- Responsibilities of security service enterprises

1. To strictly abide by the provisions of law and bear responsibility before law for their security service activities.

2. To properly and fully maintain the conditions on security and order throughout their operations.

3. To grant security personnel plaques and certificates to persons who fully satisfy the criteria and have been recruited and trained to be their security personnel; to withdraw security personnel certificates, uniforms and placards from their security personnel who terminate the labor contracts or are sacked.

4. To strictly observe contents of the concluded security service contracts.

5. To pay compensations for damage caused by their contractual breaches, or by enterprises or their personnel that are at fault.

6. To buy social insurance and fully implement other regimes and policies prescribed by law for their employees.

7. To strictly observe the book-keeping, auditing and statistical regimes and pay taxes according to law; the regime of periodical report on security and order in their security service activities to competent police offices.

8. To refuse to satisfy illegal requirements while providing security services and reporting thereon to functional bodies for handling according to law.

9. To abide by the mobilization of competent police offices in case of necessity for the performance of tasks of maintaining security, social order and safety.

10. To strictly abide by the guidance, inspection, examination and handling of violations by competent state bodies.

Article 6.- Responsibilities of security personnel

1. To strictly observe the provisions of law in security service activities.

2. When conducting security service activities, to wear uniforms and plaques according to regulations and carry along their security personnel certificates granted by enterprise directors.

3. To perform tasks only within the scope of lawful operations of their security service enterprises and to obligation refuse to perform illegal acts while providing security services.

4. While conducting security service activities, if detecting security- or order-related incidents in the protection areas such as fires, explosions, accidents causing injuries or deaths, public disturbances or other acts with criminal signs, the security personnel performing their tasks in those areas shall rescue the victims, protect the scenes and take necessary measures to minimize damage and simultaneously report such to the nearest police offices for timely handling measures.

5. To strictly abide by the inspection and handling of violations by competent state bodies.

Article 7.- Equipment of support instruments for security service enterprises

1. Security service enterprises are equipped with support instruments for task performance according to regulations.

2. The Ministry of Public Security shall guide in detail the quantity and types of support instruments; procedures and competence to equip, manage and use support instruments for security service enterprises.

Article 8.- Prohibited acts

1. Organizing and conducting security service activities in contravention of the provisions of this Decree and relevant legal provisions.

2. Letting others borrow the names of organizations or individuals to set up security service enterprises or setting up security service enterprises for business activities to be conducted by others.

3. For security service enterprises and their personnel:

a/ Conducting armed activities, investigative activities or private detective activities in any form;

b/ Performing directly or via other persons acts infringing upon the lives, health, honor, dignity, personal freedoms and other legitimate rights and interests of organizations or individuals;

c/ Employing security personnel who have not yet been trained or granted security operation certificates;

d/ Using force or threatening to use force in order to jeopardize, hinder or cause difficulties to routine activities of organizations or individuals, or to infringe upon lawful rights and interests of organizations or individuals;

e/ Performing acts beyond limits permitted by law or beyond the lawful contents agreed in security service contracts;

f/ Illegally equipping or using assorted weapons, support instruments;

g/ Using uniforms, badges with forms and colors similar to those of people's army or people's police forces; uniforms or badges not suitable to civilized lifestyles or the nation's cultural traditions;

h/ Conducting security service business activities without certificates of full satisfaction of conditions on security and order, issued by competent police offices or with such certificates withdrawn by competent bodies.

4. For organizations and individuals hiring security services:

a/ Hiring security services for purposes of jeopardizing, hindering or causing difficulties to routine and lawful activities of organizations or individuals;

b/ Requesting security service enterprises to use force, threaten to use force or to perform illegal acts, infringing upon legitimate rights and interests of organizations or individuals.