Chương 2 Nghị định 72/2009/NĐ-CP: Điều kiện kinh doanh, thủ tục cấp giấy xác nhận đủ điều kiện về an ninh, trật tự và trách nhiệm của tổ chức, cá nhân kinh doanh ngành, nghề kinh doanh có điều kiện về an ninh, trật tự

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.