Chapter I
GENERAL
Article 1. Scope
This Decree elaborates Article 34 of the Law on People’s Public Security Force 2018 on security industry, including rules for building and developing security industry; tasks, organizational structures and activities of security industry establishments; particular policies and mechanisms, programs and plans for building and developing security industry; international cooperation in security industry; state management of security industry; rights and responsibilities of Ministries, ministerial agencies, People’s Committees of provinces and central-affiliated cities (hereinafter referred to as “provincial People’s Committees”) and relevant organizations and agencies for management and performance of tasks of building and developing security industry.
Article 2. Regulated entities
This Decree applies to Vietnamese and foreign organizations and individuals involved in Vietnam’s security industry-related activities.
Article 3. Definitions
For the purposes of this Decree, the terms below shall be construed as follows:
1. “security industry development” means the investment in resources and application of advanced technologies to develop the national potential for research into, fabrication and manufacturing of specialized and dual-use security products.
2. “other law enforcement force” means a force that is, other than People’s Public Security Force, allowed to use a number of weapons, explosive materials, combat gears, professional technical instruments, equipment and supplies in accordance with law with a view to protecting national security and maintaining social order and safety.
3. “specialized security product” means a product with typical features intended for resolution of cipher matters, national security protection, social order and safety maintenance, prevention and control of crimes and violations of law by the People's Public Security Force and other law enforcement force.
4. “dual-use security product” means a product intended for serving performance of duties by the People's Public Security Force and other law enforcement force, and legitimate demands of society.
Article 4. Rules for building and developing security industry
1. Pursue objectives, tasks and strategies for national security protection, social order and safety maintenance, serving necessary demands of the People's Public Security Force and other law enforcement force.
2. Combine the national industry and national defense industry and exploit their potential; security industry establishments are not allowed to make the investments that the industry serving people’s life and the national defense are able to make, and vice versa. Give priority to advanced products which are used in a manner that maintains confidentiality and ensures safety, effectiveness and environmental safety.
3. Associate socio – economic development with national defense and security assurance on the basis of promoting the internal strength and expanding international cooperation; guard state secrets about security and national defense.
4. Comply with regulations of law on manufacturing, management and sale of weapons, explosive materials and combat gears; management of public property and regulations of law on business lines subject to security requirements, Vietnam’s commitments to weapon disarmament and non-proliferation and international treaties to which Vietnam is a signatory.
Article 5. Criteria applied to security industry and list of security products
1. Criteria applied to a specialized security product:
a) Such product has typical features suitable for nature, characteristics and professional requirements of the People's Public Security Force and other law enforcement force;
b) Such product is commissioned or requested by a competent authority in accordance with regulations of law;
c) Entities entitled to use such product or cases in which such product is used are prescribed by law.
2. Criteria applied to a dual-use security product:
a) Such product serves the security, safety and fire safety assurance and rescue by the People's Public Security Force and other law enforcement force and legitimate demands of society;
b) Such product is commissioned, requested or bid for by a competent authority in accordance with regulations of law;
3. A list of security products is promulgated together with this Decree.
Article 6. Prohibited acts
1. Revealing state secrets about security industry building and development programs and plans and scientific and technological achievements related to security industry and tasks of manufacturing products with a view to duty performance and fighting by the People's Public Security Force.
2. Illegally using equipment and assets assigned by the state to security industry establishments.
3. Illegally purchasing, selling, possessing, transporting and using specialized security products.
4. Illegally using and transferring information, documents, inventions, technological processes and know-how classified as state secrets about security industry.
5. Abusing positions and powers to commit illegal acts in security industry activities.
Tìm kiếm
Nghị định 63/2020/NĐ-CP (Bản Word)
Nghị định 63/2020/NĐ-CP (Bản Pdf)