Chương II Nghị định 96/2016/NĐ-CP: Điều kiện về an ninh, trật tự

Chapter II

SECURITY AND ORDER CONDITIONS

Article 7. General security and order conditions for all business sectors

1. A business establishment must be registered, licensed or established under the law of Vietnam.

2. The person in charge of security and order of a business establishment must not be one of the following subjects:

a) Vietnamese citizens:

A person has been criminally prosecuted and being under the investigation, prosecution or adjudication by a Vietnamese or foreign procedural body.

A person has a criminal record on infringing upon the national security or deliberate commission of a crime liable to a prison term of 03 years or more which has not yet been expunged; or is suspended from serving a prison sentence; or is serving a non-custodial rehabilitation; or is under the mandatory supervision, or the prohibition from residence or holding certain position or running a business sector subject to security and order conditions upon the court’s decision.

A person is liable to the compulsory educational measures at the community; is waiting for a decision on imposition of an administrative penalty granted; is addicted to drug; is suspended from the compliance with a decision on serving a sentence in correctional institution or rehabilitation center; or has faced an administrative penalty but the period for being considered as not yet facing an administrative penalty is not satisfactory as regulated;

b) Vietnamese people who hold foreign passport and reside abroad, and foreigners:

A person is not permitted by a competent authority of Vietnam to stay in Vietnam.

3. Conditions on fire prevention and fighting have been satisfied as referred to by the law on fire prevention and fighting.

Article 8. Business sectors requiring security and order guarantee plan

1. A business establishment that engages in any of the following business sectors must have a security and order guarantee plan.

a) Trading in combat gears;

b) Firecracker trading;

c) Trading in paintball guns;

d) Providing electronic casino game services for foreigners;

dd) Casino service;

e) Betting services;

g) Trading in industrial explosives;

h) Trading in explosive precursors;

i) Business lines with use of industrial explosives and explosive precursors;

k) Blasting services;

l) Dance club services;

m) Accommodation service (if the business establishment is an enterprise);

n) Trading in small-size military handguns.

2. A security and order guarantee plan must include the following basic contents:

a) Identification of specific regions/subjects requiring intensive security and order measures;

b) Security and order measures;

c) Regular security and order forces;

d) Facilities;

dd) Organizational and instructional measures;

e) The cooperation with the local competent authorities where the business activities are carried out;

g) Presumptiions when an event related to security and order occurs; mobilization of people and facilities; handling measures.

Article 9. Security and order conditions for pawnshop service

Apart from conditions mentioned in Article 7 of this Decree, a business establishment that provides pawnshop service must satisfy the following conditions:

The person in charge of security and order of a business establishment providing pawnshop service must have at least 05 years of registered permanent residence at the commune/ward/commune-level town where the business location is registered, and within 05 years preceding the business registration date, has not faced any administrative penalty for any of the following violations: resistance of law enforcement officers, disturbance of public order, deliberate infliction of injuries, usury, gambling, organization of gambling or gambling-dens, theft, obtaining property by fraud, or illegal impoundment of property.

Article 10. Security and order conditions for providing debt collection services

Apart from conditions mentioned in Article 7 of this Decree, a business establishment that provides debt collection service must satisfy the following conditions:

The person in charge of security and order of a business establishment providing debt collection service must have at least 05 years of registered permanent residence at the urban (or suburban) district/ district-level town/ provincial city where the business location is registered, and within 05 years preceding the business registration date, has not faced any administrative penalty for any of the following violations: resistance of law enforcement officers, disturbance of public order, deliberate infliction of injuries, usury, gambling, organization of gambling or gambling-dens, or insults to another person.

Article 11. Security and order conditions for providing security service

Apart from conditions mentioned in Article 7 of this Decree, a security service provider must satisfy the following conditions:

1. It must be an enterprise.

2. The person in charge of security and order of the security service provider must possess a three-year associate degree or higher, and within 24 immediately preceding months, did not hold the same position at another security service provider that has Certificate of satisfaction of security and order conditions revoked for indefinite period (except for cases prescribed in Clause 2 Article 22 of this Decree).

3. A Vietnamese security service provider sets up a joint venture with a foreign security service provider:

The Vietnamese security service provider is only allowed to set up a joint venture with a foreign security service provider in case where it requires the investment in machinery and/or technical facilities provided that the foreign security service provider shall only contribute capital to purchase machinery and/or technical facilities to serve security works.

4. A foreign security service provider contributes capital to a Vietnamese security service provider:

a) It must be an enterprise that has been providing security service for at least 05 consecutive years;

b) The representative of the capital contributed by the foreign security service provider has never faced any administrative penalty from warnings or higher level for violations against regulations on security service by a competent law enforcement agency in a foreign country where security service is provided;

c) The capital amount contributed by foreign security service provider is only spent on purchase of machinery and/or technical equipment to serve security works. The minimum capital contributed by the foreign security service provider is USD 1,000,000 (one million US dollars). The valuation of machinery/technical equipment shall be conducted by the competent valuation authority at district level or higher, and the security service provider must pay valuation fees.

Article 12. Conditions for organization of security guard training courses

1. Only the following entities may organize security guard training courses:

a) Security service providers mentioned in Clause 3 of this Article;

b) Vocational training centers affiliated to people’s police schools;

c) Professional improvement and training centers affiliated to police authorities at provincial level or higher;

d) If security service providers mentioned in Clause 3 of this Article want to train security guards for other security service providers, they must comply with regulations of the law on vocational education.

2. Security guard training establishments mentioned in points b,c and d Clause 1 of this Article must submit documents granted by competent authorities to prove their functions to provide security guard training courses, enclosed with security guard training curricula and programs to the competent police authorities mentioned in Article 24 of this Decree. Contents of the training curriculum are provided for in point d Clause 3 of this Article.

3. If a security service provider itself organizes security guard training courses, it must satisfy the following conditions:

a) Classrooms and training places must be available for trainee security guards;

b) That security service provider must have at least 03 years of experience in security service sector. The security guard training board must be established;

c) It must have at least 300 security guards or above;

d) Teachers of security guard training classes must be available or contracted. Such teachers must have appropriate qualifications and possess three-year associate degrees or higher (except for kung fu);

dd) It must have security guard training program and curriculum. The training curriculum includes basic contents about politics, law, professional skills of a security guard, communication skills, fire prevention and fighting, first aid skills, management and use of combat gears, basic kung fu movements for self-defense and controlling attackers, and other contents according to actual requirements by protected subjects. The minimum duration of a security guard training course is 30 days.

4. Security guard training establishments are only allowed to organize security guard training courses after their training curricula/programs have been approved by the Police Department for Administrative Management of Social Order directly under Ministry of Public Security. Upon the completion of each training course, a security guard training establishment must submit a written request to the competent police authority to carry out a testing and issue security guard certificates (using Form No. 04 stated in the annex herein) to trainee security guards who have been sucessful in the testing.

Article 13. Business conditions for certain business sectors

Apart from conditions mentioned in Article 7 and Article 8 of this Decree, a number of business establishments must satisfy the following conditions:

1. Only business establishments that are affiliated to Ministry of Public Security are eligible for produce seals bearing the national Emblem of the Socialist Republic of Vietnam and those bearing police symbol. Only business establishments that are affiliated to Ministry of National Defence are eligible to produce the seals bearing military symbol, except for business establishments that have carried out business operations before the effective date of this Decree.

2. Only business establishments that are affiliated to Ministry of National Defence or Ministry of Public Security may carry out business activities in paintball guns (except for business establishments providing paintball shooting services); 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.

3. Only business establishments that are not affiliated to the armed forces or the police forces but have obtained written approval from the competent bodies of the armed forces or the police forces in accordance with regulations by Ministry of National Defence or Ministry of Public Security, or have entered into contracts as referred to by regulations of applicable laws are eligible to trade 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.

4. Only business establishments that are affiliated to Ministry of National Defence or Ministry of Public Security are eligible to trade in mobile phone jammers.

5. Only business establishments that are affiliated to Ministry of National Defence are eligible to trade in firecrackers.