Chương III 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: Trách nhiệm của cơ sở kinh doanh và trách nhiệm của các cơ quan quản lý nhà nước

Chapter III

RESPONSIBILITIES OF BUSINESS ESTABLISHMENTS AND REGULATORY AUTHORITIES

Article 11. Responsibilities of business establishments

1. Persons in charge of security and order of the business establishment shall ensure satisfaction of the conditions for security and order, and comply with all regulations on security and order in this Decree and other relevant regulations of law.

2. Within 05 days from the day on which its business is started, the business establishment shall submit a written notice enclosed with a copy of the certificate of satisfaction of security and order conditions to the police authority of the commune where business activities are carried out.

3. Satisfaction of the conditions for security and order shall be regularly maintained during its operation.

4. The business establishment must not take advantage of its business location to perform acts that violate the law, which exerts negative effects on security and order, codes of ethics or fine traditions and customs of the country.

5. Camouflage devices and software used for sound and video recording may be only sold to those allowed to use such by law, including: agencies specialized in national security protection and social order and safety; agencies responsible for implementing measures for secret sound and video recording according to the conditions, competence and procedures for special investigation measures prescribed in the Criminal Procedure Code.

6. Import and export of camouflage devices and software used for sound and video recording and positioning shall comply with regulations set forth in Clause 4, Article 9 of the Government’s Decree No. 187/2013/ND-CP dated November 20, 2013.

7. All customer information shall be collected and retained. Any doubtful acts or matters relating to security and order at the business establishment should be promptly reported to police authorities.

8. In case a certificate of satisfaction of security and order conditions is lost, a written notice of the loss must be sent to a competent authority of the Ministry of Public Security or a competent authority of the Ministry of National Defense that issued the certificate of satisfaction of security and order conditions.

9. The business establishment shall submit quarterly and unscheduled reports on security and order under the guidance of the Ministry of Public Security and the Ministry of National Defense.

10. The business establishment must be subject to the inspection and incur penalties imposed by competent police authorities and regulatory authorities.

11. Employees working in business establishments must be aged 15 or older; have full legal capacity and must not be drug addicts. Business establishments may not employ persons who are under the investigation, prosecution or adjudication; suspended from serving prison sentences; are under conditional parole or serving non-custodial rehabilitation.

12. Within 20 days from the day on which its business is started, the business establishment shall provide the following documents for a 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:

a) A list of its employees;

b) The curriculum vitae and individual declaration of the person in charge of security and order of the business establishment, manager and technical staff of the business establishment, except for the holder of certificate of satisfaction of security and order conditions;

c) Documentary evidences for satisfaction of all conditions prescribed in Article 6 of this Decree;

d) A list of equipment for security (if any);

dd) An application form for replacement or reissuance of a certificate of satisfaction of security and order conditions must be submitted to a competent authority affiliated to the Ministry of National Defense or the Ministry of National Defense that issued the Certificate in the event it is lost, damaged or expired, or the business establishment wishes to make change in information specified in the issued certificate of satisfaction of security and order conditions;

e) The business establishment must send a written notice, clearly stating reasons and period for its suspension within 10 days from the day on which it temporarily suspends its business activities, to a 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 and the police authority of the commune where its business activities are carried out.

g) A logbook of business activities shall be prepared using the form promulgated by the Ministry of Public Security and Ministry of National Defense;

h) Fees for appraisal of the application for issuance of the certificate of satisfaction of security and order conditions shall be paid as prescribed by law.

13. The business establishment may only trade camouflage devices and software used for sound and video recording and positioning that have legal origin.

14. Warehouses must be set up in an appropriate and secure manner.

15. Quarterly reports enclosed with the list of agencies buying camouflage devices and software used for sound and video recording and positioning shall be submitted to a 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.

16. The damaged camouflage devices and software used for sound and video recording and positioning must be destroyed.

Article 12. Responsibilities of the Ministry of Public Security

1. Assist the Government in performing uniform management of the sale of camouflage devices and software used for sound and video recording and positioning.

2. Provide guidance on cooperation in appraising applications before issuance of the certificate of satisfaction of security and order conditions within the licensing power of the Ministry of Public Security.

3. Take charge and cooperate with the Ministry of National Defense, the Ministry of Information and Communications, the Ministry of Industry and Trade, Ministry of Finance, and relevant ministries in managing the sale of camouflage devices and software used for sound and video recording and positioning.

4. Inspect and settle complaints or denunciations about, prevent, discover and take actions against violations of regulations on the sale of camouflage devices and software used for sound and video recording and positioning.

Article 13. Responsibilities of the Ministry of National Defense

1. Take charge and cooperate with the Ministry of Public Security, the Ministry of Information and Communications, the Ministry of Industry and Trade, and the Ministry of Finance in managing the sale of camouflage devices and software used for sound and video recording and positioning according to regulations of this Decree and other regulations of the relevant laws.

2. Direct cooperation in appraising applications before the issuance of certificates of satisfaction of security and order conditions in the Ministry of National Defense.

3.  Inspect and settle complaints or denunciations about, prevent, discover and take actions against violations of regulations on the sale of camouflage devices and software used for sound and video recording and positioning in the Ministry of National Defense in accordance with regulations of law.

Article 14. Responsibilities of the Ministry of Information and Communications

Take charge and cooperate with the Ministry of Public Security, the Ministry of National Defense, the Ministry of Industry and Trade, Ministry of Finance, and relevant ministries in establishing and promulgating the technical standards applied to camouflage devices and software used for sound and video recording and positioning.

Article 15. Responsibilities of the Ministry of Finance

1. Take charge and cooperate with the Ministry of Public Security in collecting, managing, and using fees for appraisal of conditions for security and order in order to issue the certificate of satisfaction of security and order conditions.

2. Cooperate with the Ministry of Public Security and the Ministry of National Defense in inspecting import and export; inspecting and monitoring goods and means of transport, preventing the transport, import, export, temporary import, re-export, temporary export, re-import, and illegal transfer of camouflage devices and software used for sound and video recording and positioning.

3. Cooperate with the Ministry of Public Security and the Ministry of National Defense in inspecting import and export; inspecting and monitoring goods and means of transport; preventing the transport, import, export, temporary import, re-export, temporary export, re-import, and illegal transfer of camouflage devices and software used for sound and video recording and positioning.

Article 16. Responsibilities of Ministries, ministerial agencies, Governmental agencies and People’s Committees of central-affiliated cities and provinces

Within their jurisdiction and power, Ministries, ministerial agencies, Governmental agencies and People’s Committees of central-affiliated cities and provinces shall cooperate with the Ministry of Public Security and the Ministry of National Defense in managing the sale of camouflage devices and software used for sound and video recording and positioning; inspecting and taking actions against violations as prescribed by law.