Chương II Nghị định 66/2017/NĐ-CP quy định điều kiện kinh doanh thiết bị, phần mềm ngụy trang dùng để ghi âm, ghi hình, định vị: Điều kiện về an ninh, trật tự và thủ tục cấp, cấp đổi, cấp lại, thu hồi giấy chứng nhận đủ điều kiện về an ninh, trật tự

Chapter II

CONDITIONS FOR SECURITY AND ORDER AND PROCEDURES FOR THE ISSUANCE, REPLACEMENT, REISSUANCE AND REVOCATION OF THE CERTIFICATE OF SATISFACTION OF SECURITY AND ORDER CONDITIONS

Article 6. Conditions for security and order

1. Conditions prescribed in Article 7 of the Government’s Decree No. 96/2016/ND-CP dated July 01, 2016 on security and order conditions for a number of conditional business sectors shall be satisfied.

2. Only the following business establishments are eligible for the sale of camouflage devices and software used for sound and video recording and positioning:

a) The business establishment affiliated to the Ministry of Public Security issued with a certificate of satisfaction of security and order conditions by a competent authority affiliated to the Ministry of Public Security;

b) The business establishment affiliated to the Ministry of National Defense issued with a certificate of satisfaction of security and order conditions by a competent authority affiliated to the Ministry of National Defense;

c) The business establishment not affiliated to the Ministry of Public Security and the Ministry of National Defense issued with a certificate of satisfaction of security and order conditions by a competent authority of the Ministry of Public Security.

Article 7. The certificate of satisfaction of security and order conditions

1. The certificate of satisfaction of security and order conditions is a document issued by a competent authority of the Ministry of Public Security and the Ministry of National Defense to a business establishment prescribed in Clause 2, Article 6 of this Decree.

The Minister of Public Security shall specify authorities that have the power to issue certificates of satisfaction of security and order conditions within the People’s Public Security Forces. The Minister of National Defense shall specify competent authorities that have the power to issue certificates of satisfaction of security and order conditions within the People’s Army.

2. The certificate of satisfaction of security and order conditions is provided in the Form No. 01 the Appendix hereof.

3. The certificate of satisfaction of security and order conditions shall not specify the effective period, except for the following cases:

a) The business establishment has a fixed operating duration in accordance with the law;

b) The license issued by a supervisory authority to the business establishment specifies effective period, the effective period of the certificate of satisfaction of security and order conditions shall not exceed the period specified in such license;

4. The person in charge of security and order of the business establishment shall properly manage the certificate of satisfaction of security and order conditions and present it to the competent police and army authority or regulatory authority upon request.0}

5. The person in charge of security and order of the business establishment shall properly manage the certificate of satisfaction of security and order conditions when business activities of such business establishment are suspended. In the event the business establishment is declared bankrupt or shuts down, the certificate of satisfaction of security and order conditions expires. Within 05 days from the day on which the business establishment is declared bankrupt or shuts down, it must return the certificate of satisfaction of security and order conditions to the competent authority affiliated to the Ministry of Public Security or the Ministry of National Defense that issued the Certificate.

Article 8. Revocation of the certificate of satisfaction of security and order conditions

A certificate of satisfaction of security and order conditions shall be revoked in the following cases:

1. Permanent revocation:

a) Forged documents are used or false information that falsifies the nature of documents included in the application for issuance of the certificate of satisfaction of security and order conditions is provided;

b) After obtaining the certificate of satisfaction of security and order conditions, the business establishment is discovered that it fails to satisfy the conditions prescribed in this Decree upon the inspection conducted by the competent authority affiliated to the Ministry of Public Security or the Ministry of National Defense but it still fails to perform remedial actions within 40 days from the day on which the written conclusion is made.

c) After 06 months from the day on which the certificate of satisfaction of security and order conditions is issued, the business establishment is inactive;

d) The business establishment is dissolved or declared bankrupt in accordance with law;

dd) Business activities are suspended or the business establishment has any of its documents set forth Point b, Clause 1, Article 19 of this Decree revoked by a competent authority;

e) The certificate of satisfaction of security and order conditions is lent, leased or sold;

g) As business activities of the business establishment are exploited to infringe on the security and order, a certificate of satisfaction of security and order conditions is requested to be permanently revoked by a competent authority.

2. Revocation for a period of from 03 to 06 months:

a) The business establishment carries out business activities or has a business location that is not prescribed in the issued certificate of satisfaction of security and order conditions;

b) After 30 days from the day on which an administrative penalty is imposed for failure to maintain its satisfaction of security and order conditions prescribed in Article 6 of this Decree, the business establishment still fails to perform remedial actions;

c) Information contained in the issued certificate of satisfaction of security and order conditions is modified or erased;

d) The business establishment has faced administrative penalties for violations against regulations on security and order 02 times or more per year;

dd) The business establishment has not submitted quarterly reports to the competent authority affiliated to the Ministry of Public Security or the Ministry of National Defense that issued the certificate of satisfaction of security and order conditions for 04 consecutive quarters.

3. The competent authority affiliated to the Ministry of Public Security or the Ministry of National Defense that issued the certificate of satisfaction of security and order conditions shall withdraw the certificate of satisfaction of security and order conditions in cases described in Clause 1 and Clause 2 of this Article by giving the decision on revocation.

After the revocation, the competent authority affiliated to the Ministry of Public Security or the Ministry of National Defense that issued the certificate of satisfaction of security and order conditions must send a written notice to the business registration agency or the competent authority that issued operation license to the business establishment.

Article 9. Procedures for issuing the certificate of satisfaction of security and order conditions

1. The business establishment shall submit an application for issuance of the certificate of satisfaction of security and order conditions, directly or by post, to the competent authority as prescribed in Clause 1, Article 7 of this Decree. The application includes:

a) An application form (Form No. 02 in the Appendix hereof);

b) A copy of the certificate of business registration or the certificate of investment registration or the establishment decision;

c) A demonstration of the camouflage devices and software used for sound and video recording and positioning.

d) A business plan, including: scope, customers, standards, product quality; technical plan;

dd) A judicial record of the legal representative, manager, technical staff.

2. Within 20 days from the day on which a valid application is received, the competent authority shall consider, appraise and issue the certificate of satisfaction of security and order conditions. In case of rejection of the application, the competent authority shall provide written explanation. Duration of consideration and appraisal of the application may be extended but must not exceed 20 days and a written notice thereof must be sent to the business establishment.

Article 10. Procedures for replacing or reissuing the certificate of satisfaction of security and order conditions

1. A certificate of satisfaction of security and order conditions is replaced in case it is damaged or its information is incorrect or changed.

An application for replacement includes:

a) An application form (Form No. 02 in the Appendix hereof) submitted to a competent authority;

b) Valid copies of documentary evidences for change in information contained in the certificate of satisfaction of security and order conditions (if any);

c) Documents set forth in Point dd, Clause 1, Article 19 of this Decree in case of change of the holder of the certificate of satisfaction of security and order conditions;

d) An original of the issued certificate of satisfaction of security and order conditions.

The certificate of satisfaction of security and order conditions is replaced within 10 days from the day on which a valid application is received.

2. A certificate of satisfaction of security and order conditions shall be reissued in case of loss. An application for reissuance includes:

a) An application form (Form No. 02 in the Appendix hereof);

b) Receipt of payment of fines prescribed by law (if any).

c) The certificate of satisfaction of security and order conditions is reissued within 20 days from the day on which a valid application is received.

3. The issuance of certificate of satisfaction of security and order conditions after being revoked as prescribed in Clause 1, Article 8 of this Decree shall be carried out as follows:

a) Within 06 months from the day on which the certificate of satisfaction of security and order conditions is revoked in the cases set forth in Points b and c, Clause 1, Article 8 of this Decree, the business establishment that wishes to continue its business activities after having satisfied all conditions in this Decree may submit an application for re-issuance of the certificate of satisfaction of security and order conditions to a competent authority affiliated to the Ministry of Public Security or the Ministry of National Defense. The application includes:

- An application form for reissuance of a certificate of satisfaction of security and order conditions submitted by the business establishment to a competent authority affiliated to the Ministry of Public Security or the Ministry of National Defense;

- Valid copies of documentary evidences for the satisfaction of conditions for business activities (if any).

b) After the certificate of satisfaction of security and order conditions is revoked in the cases set forth in Points a and e, Clause 1, Article 18 of this Decree, in case of no change of the person in charge of security and order, the business establishment may submit an application for reissuance of the certificate of satisfaction of security and order conditions after 12 months from the day on which the decision on revocation is made.

The application for reissuance of a certificate of satisfaction of security and order conditions is the same as the application prescribed in Article 9 of this Decree.

c) After the certificate of satisfaction of security and order conditions is revoked in the case set forth in Point g, Clause 1, Article 18 of this Decree, in case of no change of the person in charge of security and order, the business establishment may submit an application for reissuance of the certificate of satisfaction of security and order conditions after 24 months from the day on which the decision on revocation is issued.

The application for reissuance of the certificate of satisfaction of security and order conditions is the same as the application prescribed in Article 9 of this Decree.