Nghị định 72/2009/NĐ-CP quy định điều kiện về an ninh, trật tự đối với một số ngành, nghề kinh doanh có điều kiện

DECREE

PROVIDING FOR SECURITY AND ORDER CONDITIONS FOR A NUMBER OF CONDITIONAL PRODUCTION AND BUSINESS LINES

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 29, 2005 Law on Enterprises;
In order to unify the state management of business activities subject to security and order conditions, meet socio-economic development requirements and ensure security, social order and safety;
At the proposal of the Minister of Public Security,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1. Governing scope

1. This Decree provides for security and order conditions for the following conditional production and business lines:

a/ Production of seals;

b/ Production, trading and use of industrial explosive materials and ammonium nitrate of high content (from 98.5% up);

c/ Production, trading and repair of support instruments, repair of hunting rifles; production of fireworks;

d/ Lease of accommodation, lease of houses to foreign organizations or individuals for use as residences or offices;

e/ Printing activities;

f/ Pawn services;

g/ Karaoke bar, dance halls, massage;

h/. Electronic prize-games for foreigners; casino business;

i/ Debt collection services.

2. Depending on the security and order management situation and requirements in each period, the Ministry of Public Security shall propose the Prime Minister to decide on appropriate adjustment of production and business lines subject to security and order conditions.

Article 2. Subjects of application

1. Organizations and individuals dealing in production and business lines subject to security and order conditions in all economic sectors.

2. Organizations and individuals involved in the registration, establishment, management organization and operation of business activities subject to security and order conditions.

Article 3. Organizations and individuals not allowed to set up, manage and directly conduct business activities subject to security and order conditions

1. Organizations and individuals that, under the Enterprise Law and other legal documents, are banned from setting up and managing enterprises, or banned from conducting business activities subject to security and order conditions.

2. Persons aged under 18 years, persons restricted in or losing their civil act capacity; drug addicts.

3. Persons who have been criminally prosecuted and being under investigation, prosecution or trial by procedural bodies.

4. Persons being subject to the measure of education in ward, commune or township; serving the penalty of non-custodial reform, probation or residence ban; being subject to suspended sentence and in the probation period; persons being in the period of imprisonment execution postponement or being temporarily postponed from being sent to medical or reform establishment.

5. Persons with criminal records on infringing upon national security, deliberate commission of a crime liable to a prison term of 10 years or more or another crime directly related to production and business lines subject to security and order conditions, which have not yet been wiped out; persons against whom another administrative measure has been taken but not yet beating the time for being regarded as not yet being administratively handled.

Chapter II

BUSINESS CONDITIONS, PROCEDURES FOR GRANT OF CERTIFICATES OF SATISFACTION OF SECURITY AND ORDER CONDITIONS AND RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS DEALING IN PRODUCTION AND BUSINESS LINES SUBJECT TO SECURITY AND ORDER CONDITIONS

Article 4. Conditions for dealing in production and business lines subject to security and order conditions

1. Heads of enterprises, branches or representative offices and lawful representatives at law of business establishments subject to security and order conditions must possess good morality, clear personal history and not fall into the cases defined in Article 3 of this Decree.

2. Business establishments subject to security and order conditions may conduct business activities only after being granted certificates of full satisfaction of security and order conditions by competent public security bodies.

3. Only Vietnamese individuals and organiza­tions in the country may produce seals. Only estab­lishments of the People's Army or the People's Public Security may produce and deal in the repair of support tools and the repair of hunting guns.

4. Production and business lines subject to security and order conditions must not lie within restricted areas under law.

Article 5. Dossiers, procedures for grant of certificates of full satisfaction of security and order conditions

1. A dossier of application for a certificate of satisfaction of security and order conditions comprises:

a/ The written application for a certificate of full satisfaction of security and order conditions;

b/ A copy of the business registration certificate (excluding business households not yet granted such certificates); the investment certificate or operation registration certificate (for enterprises' branches); the tax registration certificate (for non-business units with revenues);

c/ The certificate of satisfaction of fire prevention and fighting conditions or written record on fire prevention and fighting safety inspection;

d/ The curricula vitae of persons defined in Clause 1, Article 4 of this Decree (with photos and certification of commune-level People's Committees or state bodies directly managing them). For foreigners or overseas Vietnamese, the personnel declaration, the photocopies of their passports and stay permits are required (with the originals thereof to be produced for examination).

2. Within 7 working days after the receipt of complete and valid dossiers, competent public security offices shall complete the grant of certificates of satisfaction of security and order conditions for organizations or individuals. In case of failure to meet the conditions, they shall reply in writing, clearly stating the reasons.

3. Charges and fees for the grant, change or renewal of certificates of satisfaction of security and order conditions comply with regulations of the Finance Ministry.

Article 6. Management, use, change, renewal and withdrawal of certificates of satisfaction of security and order conditions

1. Representatives at law of business establishments subject to security and order conditions shall manage their certificates of satisfaction of security and order conditions. It is strictly forbidden to modify, erase, trade in, lend or lease such certificates.

2. When business establishments go bankrupt or no longer deal in production and business lines subject to security and order conditions, their certificates of satisfaction of security and order conditions will become invalid; if they stop their
operations, they shall, within 5 days after their
operation stops, return the certificates to the public security offices which issued such certificates; if they temporarily halt their operations, they shall send written notification of the business operation cessation reasons and duration to the public security offices which issued the certificates of satisfaction of security and order conditions.

3. Business establishments that lose their certificates of satisfaction of security and order conditions; change their names, their heads or representatives at law or conditional production and business lines or relocate themselves, shall sent written requests (enclosed with documents evidencing the necessity for change of certificates of satisfaction of security and order conditions) to the public security offices which issued such certificates for renewal or change.

4. Certificates of satisfaction of security and order conditions shall be revoked when business establishments commit any of the following violations:

a/ Serious violation of regulations on management and use of certificates of satisfaction of security and order conditions;

b/ Serious violation in the observance of regulations on security and order assurance:

c/ Violations of security and order conditions, being administratively sanctioned three times or more in 12 months and being requested in written records by competent bodies to take remedial measures but declining to abide by such request, or being criminally prosecuted and investigated under law.

Article 7. Responsibilities of organizations and individuals dealing in production and business lines subject to security and order conditions

1. To strictly abide by the provisions of law on fire prevention and fighting safety, explosion prevention, toxication prevention, environmental hygiene, on public order and safety assurance and other relevant provisions of law in business activities.

2. Within 10 days before commencing their business operation, business establishments subject to security and order conditions shall notify in writing the public security offices which have issued the certificates of satisfaction of security and order conditions and public security offices of communes, wards or townships where their business activities are conducted, of the time of operation commencement:

3. To maintain and strictly observe the security and order conditions throughout their business activities;

4. To detect and promptly report to public security offices cases or suspicions related to security and order in the course of doing business.

5. To strictly observe accounting, audit and statistical regulations and pay taxes according to law; and the regime of periodical reporting on security and order in business activities to competent public security agencies.

6. To strictly abide by the guidance, inspection, examination and violation handling by competent state agencies.

Chapter III

RESPONSIBILITIES OF MINISTRIES, MINISTERIAL-LEVEL AGENCIES, PROVINCIAL-LEVEL PEOPLE'S COMMITTEES IN THE MANAGEMENT OF PRODUCTION AND BUSINESS LINES SUBJECT TO SECURITY AND ORDER CONDITIONS

Article 8. Responsibilities of the Ministry of Public Security

To be answerable to the Government for the slate management of security and order in production and business lines subject to security and order conditions, and have the following tasks and powers:

1. To perform the unified state management of security and order related to conditional production and business lines defined in this Decree nationwide.

2. To promulgate according to its competence or propose the Government or the Prime Minister to promulgate, revise legal documents related to maintenance of security and order in business activities subject to security and order conditions.

3. To specify the order, procedures and competence for the grant, renewal and withdrawal of certificates of satisfaction of security and order conditions; the regime of information and reporting on the implementation of regulations on security and order in conditional production and business lines.

4. To provide professional guidance on security and order maintenance for security forces of production and business establishments subject to security and order conditions.

5. To guide public security forces at all levels in inspecting and handling violations of law on security and order by conditional-business establishments.

Article 9. Responsibilities of the Ministry of Finance

To assume the prime responsibility for, and coordinate with the Ministry of Public Security in. setting, managing and using charges and fees related to production and business lines subject to security and order conditions.

Article 10. Responsibilities of ministries and branches

Ministries, ministerial-level agencies and government-attached agencies shall, within the ambit of their respective functions, tasks and powers, coordinate with the Ministry of Public Security in managing, directing and guiding the organization and operation of production and business lines subject to security and order conditions according to law.

Article 11. Responsibilities of People's Committees at all levels

To perform the function of state management of business activities subject to security and order conditions according to their competence and the direction and guidance of the Ministry of Public Security under this Decree and relevant legal provisions.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 12. Effect

This Decree takes effect or October 20, 2009, and replaces Decree No. 08/2001/ND-CP of February 22, 2001, defining security and order conditions for a number of conditional production and business lines.

Article 13. Application of law to business establishments which have operated before the effective date of this Decree

Organizations and individuals dealing in, production and business lines subject to security and order conditions under Decree No. 08/2001/ ND-CP of February 22, 2001, and fully meeting the conditions prescribed by this Decree may continue their operations. If failing to fully meet the conditions prescribed by this Decree, they shall, within 12 months after this Decree takes effect, strictly comply with this Decree.

Article 14. Implementation guidance and responsibilities

1. The Minister of Public Security shall detail and guide this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People's Committees shall implement this Decree.-