Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Decree provides for security and order conditions, the state management and responsibilities of organizations and individuals in business sectors subject to security and order conditions in the territory of Vietnam.
Article 2. Regulated entities
This Decree applies to Vietnamese agencies, organizations and individuals, and foreign entities involved in conditional business activities, and the establishment, permission, registration and management of business sectors subject to security and order conditions.
Article 3. Business sectors subject to security and order conditions and scope of management
1. Seal production, consisting of: Production of the seals bearing the national Emblem of the Socialist Republic of Vietnam, the seals bearing symbol as well as those without it in accordance with regulations of the law on management and use of seals.
2. Combat gear trading, consisting of: Production, assembly, import, export and trading in combat gears, bullets and accessories of combat gears; repair of combat gears.
3. Firecracker trading, consisting of: Production, processing, import, export and trading in fireworks, other firecrackers and powder in accordance with regulations of the law on management and use of firecrackers.
4. Pawnshop services, consisting of: Providing loans to borrowers who must put their legitimate property in ledge at pawnshop service providers.
5. Massage services, consisting of: Use of physical therapies for massage or manual therapies to improve human health.
Massage services provided by health facilities for medical treatment and employment centers for providing jobs to the disabled are not governed by this Decree.
6. Trading of warning devices of emergency vehicles, consisting of: Production, assembly, import, export and trading of vehicle warning flags, lights and sirens.
7. Security services, consisting of: Protecting people, assets, subjects and legal activities of agencies, organizations and individuals.
Security services which are provided to protect subjects/objects under the Government’s List of subjects/objects protected by People’s Public Security Forces and People’s Army Forces, and security activities at agencies or enterprises as referred to in the Decree No. 06/2013/ND-CP dated January 09, 2013 providing for the security at agencies and enterprises are not governed by this Decree.
8. Trading of paintball guns, consisting of: Production, assembly, import, export and trading of paintball guns, paintballs or pellets and accessories of paintball guns; repair of paintball guns; supply of paintball shooting services.
9. Electronic casino game services for foreigners.
10. Debt collection services, consisting of: Collection of debts in cash or in kinds for agencies, organizations or individuals under authorization contracts.
11. Casino business, consisting of: Games of chance in casino business.
12. Betting services, consisting of: Types of betting services.
13. Gas business, consisting of: Gas business activities provided for in the Decree No. 19/2016/ND-CP dated March 22, 2016 on gas business.
14. Industrial explosive business, consisting of: Production, import, export, trading, recycling, maintenance, transportation and destruction of industrial explosives.
Research, development and testing on industrial explosives are not governed by this Decree.
15. Explosive precursor business, consisting of: Production, import, export, trading, maintenance, transportation and destruction of ammonium nitrate of high content (98.5% or higher) (hereinafter referred to as explosive precursors).
16. Business operations with use of industrial explosives and explosive precursors, consisting of: Operations with use of industrial explosives for construction of works, exploration and exploitation of minerals and petroleum; use of explosive precursors for production of industrial explosives.
17. Blasting services, consisting of: Provision of services with use of industrial explosives to serve the construction of works, exploration and exploitation of minerals and petroleum to agencies, organizations or individuals on their legitimate demand.
18. Printing services, consisting of: Prepress, press and postpress activities (except for screen printing establishments and photocopy establishments) for producing the following products:
a) Publications (except for Braille books, audio or video recordings which are used as substitutes or illustrations for books);
b) Newspapers, magazines and other press publications as prescribed by the press law;
c) Paper forms and other papers with legal effect, issued by state agencies, political organizations and socio-political organizations;
d) Anti-counterfeit stamps;
dd) Packages, stamps and labels of pharmaceuticals, pharmaceutical chemicals, medicines and functional foods (except for the cases where producers of pharmaceuticals, pharmaceutical chemicals, medicines and functional foods themselves carry out package, stamp and label printing);
e) Financial invoices; papers with pre-printed face value or for inscription of face values.
19. Trading in mobile phone jammers, consisting of: Production, import, export and trading in devices used to prevent mobile phones from receiving signals from base stations.
20. Plastic surgery services, consisting of: Using medical techniques to perform surgery for the purpose of alternation of shape or appearance of body parts.
21. Karaoke and dance club business:
a) Karaoke services, consisting of: Singing activities along with prerecorded music with images or with aid by other audio and video recording technologies;
b) Dance club business, consisting of: Dancing activities at dance club service providers as prescribed by laws.
Activities of dance classes are not governed by this Decree.
22. Accommodation services, consisting of: Accommodation establishments as referred to by regulations of the Law on Tourism and other types of accommodation renting services (on an hour or overnight basis) provided on the land or on cruise ships.
Leasing of houses by organizations or individuals to Vietnamese people or foreigners (with house lease agreements) for the purpose of residence, study or working is not governed by this Decree.
23. Trading in military clothing and equipment of the armed forces, military weapons, technologies, devices, and vehicles for the military forces and police forces; parts, components, supplies, specialized equipment, and technologies for manufacturing thereof, consisting of:
a) Production and trading in military clothes and hats; army badges and insignia of People’s Military Forces and People’s Public Security Forces;
b) Production, assembly, import, export, trading, transportation and repair of small-size military handguns as referred to by regulations of the law on management and use of weapons, explosives and combat gears, radar speed guns to inspect speed of motor vehicles, breathalyzers, GSM phone trackers and other types of phone trackers.
Parts, components, supplies, specialized equipment, and technologies for manufacturing small-size military handguns, radar speed guns, breathalyzers, GSM phone trackers and other types of phone trackers.
Article 4. Interpretation of terms
In this Decree, these terms are construed as follows:
1. Security and order are the abbreviations of the phrase "national security, social order and security”.
2. Business sectors subject to security and order conditions refer to business sectors mentioned in Article 3 of this Decree, which have complicated factors occurring in the course of business in connection with security and order, and are easily exploited to commit crimes and other violations against the laws.
3. Business establishments in business sectors subject to security and order conditions refer to business establishments that engage in business sectors mentioned in Article 3 of this Decree (hereinafter referred to as business establishments), consisting of:
a) Enterprises;
b) Cooperatives, cooperative unions;
c) Branches and subsidiaries of enterprises, cooperatives and cooperative unions;
d) For-profit administrative units that are affiliated to agencies or organizations and engage in business sectors subject to security and order conditions;
dd) Household business establishments.
4. Multiple business establishments with a single location mean that several business establishments use the same business address or locate in the same business precinct.
5. Persons in charge of security and order of business establishments are:
a) Legal representatives or managers of business establishments or proprietors of business establishments whose names are registered in documents prescribed in Clause 2 Article 19 of this Decree;
b) Persons whose names are specified in Certificates of satisfaction of security and order conditions upon the authorization of persons mentioned in point a of this Clause.
6. Competent police authorities are provided for in Article 24 of this Decree.
7. Security guard certificate is a document granted by a competent police authority to a security guard who has been successful in the testing.
8. Legitimate copies are copies which have been compared to the originals thereof or printed from the National Business Registration Portal with certification of the application-receiving officers, or copies taken from the master registers or copies authenticated by competent authorities.
Article 5. Operating rules and the management of business sectors subject to security and order conditions
1. Any Vietnamese or foreign entities engaging in business sectors subject to security and order conditions that meet conditions in this Decree and comply with other regulations of relevant laws are eligible to carry out business activities and obtain Certificates of satisfaction of security and order conditions.
2. The management of business sectors subject to security and order conditions must be carried out in a transparent and openness manner. Security and order must be ensured in order that business activities may be conducted in an effective manner.
Article 6. Prohibited acts
1. The business establishment carries out business activities when it does not apply for issuance of Certificate of satisfaction of security and order conditions or has its Certificate of satisfaction of security and order conditions revoked.
2. Take advantage of business sectors subject to security and order conditions to perform acts that infringe on security and order, or are inconsistent with the morals, or infringe on the national habits and customs.
3. Lend, rent, buy or sell a Certificate of sastisfaction of security and order conditions.
4. Forge a Certificate of sastisfaction of security and order conditions; forge the application dossiers for the issuance of Certificate of sastisfaction of security and order conditions; alter or erase any contents in the Certificate of sastisfaction of security and order conditions.
5. Use security services to infringe on lawful rights and interests of an entity.
6. Security services with use of force or threat to use force in order to jeopardize, hinder or cause difficulties to routine activities or to infringe upon lawful rights and interests of an entity.
7. Collect debts without authorization contract signed by a creditor or giving notice to the police authority of commune/ward/commune-level town where the debt collection is made before collecting debts.
8. Make obstacle or fail to comply with the inspection or settlement of violations by a competent police authority or regulatory body.
9. Make corrupt use of position and rights to reject the application for issuance of Certificate of sastisfaction of security and order conditions or issue a Certificate of sastisfaction of security and order conditions inconsistently with regulations in this Decree; cause obstacle or trouble or infringe on the entity’s freedom of business; screen illegal acts committed by a person who involves in activities of a business establishment in business sector subject to security and order condition
Tìm kiếm
Nghị định 96/2016/NĐ-CP (Bản Word)
Nghị định 96/2016/NĐ-CP (Bản Pdf)
