Chương II Nghị định 52/2008/NĐ-CP: Điều kiện thành lập, đăng ký và hoạt động kinh doanh dịch vụ bảo vệ

Chapter II

CONDITIONS FOR SECURITY SERVICE BUSINESS ESTABLISHMENT, REGISTRATION AND ACTIVITIES

Article 9.- Conditions for security service business establishment and registration

1. For domestic organizations and individuals:

The legal capital for security service business is VND 2,000,000,000 (two billion dong).

Security service enterprises must maintain their charter capital at a level not lower than the above capital level throughout their operations.

2. The dossiers evidencing the conditions on capital prescribed in Clause 1 above comprise:

a/ The minutes on capital contribution by founding shareholders, for joint-stock companies, or founding members, for limited liability companies with two or more members; the owner's decision on capital allocation, for one-member limited liability companies, with owner being an organization; the written registration of investment capital of enterprise owners, for private enterprises and one-member limited liability companies with owners being individuals;

b/ For capital amounts contributed in cash, there must be certification by commercial banks licensed to operate in Vietnam of the collateral security of founding members;

c/ For capital amounts contributed in assets, there must be certificates of organizations with valuation function in Vietnam, regarding the results of valuation of assets contributed as capital. The certificates must be valid until the date of submission of dossiers at competent business registration offices.

3. For foreign enterprises in joint ventures with domestic enterprises

Foreign enterprises must be the ones specialized in security service business, having capital amounts and total asset value of USD 500,000 or more, having operated for five consecutive years or more, possessing the certification by competent bodies of the host countries that the enterprises and the persons representing the contributed capital amounts of the enterprises in the joint ventures with Vietnamese enterprises have not yet committed acts of violating the laws of the host or relevant countries.

Article 10.- Locations of headquarters, branches, representative offices of security service enterprises

1. The locations of headquarters, branches and representative offices of security service enterprises must be stable for at least one year; if they are houses owned by the business registrants, the business registration dossiers must contain valid papers; if they are rented houses, there must be house-renting contracts of one year or longer terms.

2. In case of relocation of headquarters, branches or representative offices of security service enterprises, the heads of such branches or representative offices must notify such in writing to the provincial-level police offices of the localities of departure and arrival at least 15 days before the relocation.

Article 11.- Conditions on, and criteria for, heads of security service enterprises and procedures for grant of certificates of full satisfaction of conditions on security and order

1. Heads of enterprises, branches or representative offices, members of Members' Councils or Management Boards; general directors, deputy general directors, directors, deputy directors and founding members participating in the founding of security service enterprises must fully satisfy the following conditions:

a/ Having full civil act capacity, good morality, clear biography and not falling into one of the cases specified in Article 4 of this Decree;

b/ Possessing collegial, university or higher degree in economics or law.

2. Those who have worked for other security service enterprises whose business registration certificates were withdrawn must satisfy an additional condition: during three previous consecutive years, they were not managers or did not hold any key position of the enterprises whose business registration certificates were withdrawn.

3. A dossier of request for the grant of certificates of full satisfaction of conditions on security and order to a security service enterprise:

a/The business registration certificate and logo of the enterprise;

b/ Resumes (affixed with photos and certified by People's Committees of communes, wards or townships of residence), copies of university or college diplomas (authenticated by competent bodies), copies of decisions on retirement, demobilization or decisions on relief from work (if any), judiciary record cards of enterprise leaders, managers defined in Clause 1 of this Article.

4. Competent police offices defined by the Ministry of Public Security shall consider and grant certificates of full satisfaction of security and order conditions to security service enterprises within seven working days after receiving complete and valid dossiers.

Article 12.- Replacement of leaders, managers and change of charter capital of security service enterprises

Upon replacement of their managers or key position holders or change of their charter capital, security service enterprises shall comply with current legal provisions on business registration and fully satisfy the conditions on security, order and capital as provided for in this Decree and notify such in writing to business registration offices and competent police offices within ten days from the date such change is effected.

Article 13.- Conditions on criteria for security service personnel

1. Having lawful labor contracts with security service enterprises.

2. Having full civil act capacity, being physically fit (health certificates of health centers or hospitals of district or higher levels), having good morality, clear biography (with certification of police offices of communes, wards or townships of residence), possessing upper secondary education or higher degree and not falling in one of the cases defined in Clauses 2 and 3, Article 4 of this Decree.

3. Possessing security operation certificates issued by competent police offices under regulations of the Ministry of Public Security.

Article 14.- Notices on the time of commencement of operations of security service enterprises

1. At least ten days before commencing security service business activities, enterprise heads must send written notices to provincial-level police offices on the locations of their headquarters, geographical areas and time for commencement of operations, together with copies of their business registration certificates and lists of their leadership members, managers and persons holding key positions.

2. In case of relocation of headquarters, branches or representative offices or when a security service enterprise registers its business in one province while opening its branch or representative office or regularly conducting its security service business activities in another province, at least ten days before starting the operations, the enterprise heads must send written notices together with the lists and extracted biographies of persons who will go to work in that province to the provincial-level police office of the arrival locality.