Chapter IV
APPLICATION DOSSIERS, PROCEDURES AND POWER TO ISSUE CERTIFICATE OF SASTISFACTION OF SECURITY AND ORDER CONDITIONS, AND SECURITY GUARD CERTIFICATE
Article 19. Application dossiers for issuance of new certificates of satisfaction of security and order conditions for all business sectors
1. The application form for issuance of Certificate of satisfaction of security and order conditions made by the business establishment (Form No. 03 stated in the Annex herein).
2. Legitimate copy of any of the following documents:
a) Business registration certificate; Certificate of enterprise registration; Certificate of investment registration; Certificate of operation registration of enterprise’s branch or affiliate; Certificate of registration of cooperative or cooperative union; Certificate of registration of branch or business location of cooperative or cooperative union; Operation License of competent authority of Vietnam; Certificate of registration of household business; Written approval for the establishment or operations enclosed with written notice of tax code of for-profit administrative unit;
b) If documents mentioned in point a of this clause do not include business sectors, the business establishment must supplement a document proving its business sectors which have been approved by the business registration agency or the competent authority and shall be specified in the Certificate of satisfaction of security and order conditions (if the applicant is an enterprise, the police authority may extract this document from the National Business Registration Portal).
3. Legitimate copies of documents proving the satisfaction of fire safety conditions at business locations and warehouses, consisting of:
a) The written record of the acceptance of fire safety conditions if the applicant is any of the business establishments in the list stated in Annex IV of the Decree No. 79/2014/ND-CP dated July 31, 2014 detailing the implementation of certain articles of the Law on fire prevention and fighting and the Law on amendments to certain articles of the Law on fire prevention and fighting (hereinafter referred to as Decree No. 79/2014/ND-CP);
b) The written record of the inspection of fire safety conditions made by the fire department if the applicant is not a subject prescribed in point a Clause 3 of this Article but is in the list stated in Annex I enclosed with the Decree No. 79/2014/ND-CP;
c) The following business establishments must not submit documents mentioned in Points a & b Clause 3 of this Article: Producers of seals; producers and traders in vehicle warning flags, lights and sirens; security service providers; debt collection service providers; betting service providers; traders in mobile phone jammers; plastic surgery service providers; traders in radar speed guns, breathalyzers, GSM phone trackers and other types of phone trackers;
d) If a business establishment does not have a warehouse to store materials or products as regulated, it must enter into a contract for lease of a warehouse which must satisfy fire safety conditions provided for in Points a & b Clause 3 of this Article;
dd) With regard to business establishments that engage in business sectors with the use of industrial explosives and explosive precursors, documents proving the satisfaction of fire afety conditions shall be documents about warehouses of industrial explosives and explosive precursors.
4. The curriculum vitae (Form No. 02 stated in the Annex herein), enclosed with the Criminal record statement or Individual declaration (Form No. 02b stated in the Annex herein), of the person in charge of security and order of the business establishment. To be specific:
a) The curriculum vitae and the criminal record statement (except for officials of state agencies, the armed forces, political organizations or socio-political organizations) of the person in charge of security and order, who is the holder of Certificate of satisfaction of security and order conditions, are required if he/she is a Vietnamese citizen residing in Vietnam;
If the person mentioned in this point is working at the state agency, the armed forces, political organization or socio-political organization, his/her curriculum vitae must be certified by the managing agency/organization (except for the business establishment). The curriculum vitae of the person other than the said subject must be certified by people’s committee of commune/ward/district-level town where his/her permanent residence is registered;
b) If the person in charge of security and order is a Vietnamese who holds a foreign passport and resides abroad, or a foreigner, the Individual declaration shall be enclosed to the legitimate copy of his/her passport, permanent resident card or temporary resident card or visa which must be valid for stay in Vietnam;
c) If there are several legal representatives of a business establishment, the curriculum vitae and the criminal record statement or individual declaration of the person who is the holder of Certificate of satisfaction of security and order conditions shall be submitted.
Article 20. Application dossiers for issuance of new certificates of satisfaction of security and order conditions for certain business sectors
Apart from documents mentioned in Article 19 of this Decree, the following business establishments must supplement the following documents in their applications for issuance of new certificates of satisfaction of security and order conditions:
1. The security service provider that does not have foreign investment must supplement the legitimate copy of graduation diploma proving the qualification of the person in charge of security and order, who acts as the holder of Certificate of satisfaction of security and order conditions.
2. If a security service provider has foreign investment, the following documents must be supplemented:
a) The legitimate copy of graduation diploma proving the qualification of the person in charge of security and order, who acts as the holder of Certificate of satisfaction of security and order conditions;
b) Documents proving that the foreign enterprise has satisfied conditions in Points a & b Clause 4 Article 11 of this Decree, which must be legalized by the diplomatic missions of Vietnam in the country or territory where the head office of that foreign enterprise is located.
3. If a security service provider has function to provide security guard training courses, it must supplement the security guard training curriculum/program.
4. With regard to the following business establishments: producers of industrial explosives; traders in explosive precursors; business establishments in business sectors with use of industrial explosives for exploration/exploitation of minerals/petroleum; traders in small-size handguns; casino service providers; providers of electronic casino game services for foreigners; betting service providers, the written approval for operations made by sector authority is required.
Article 21. Replacement/ issuance of Certificate of sastisfaction of security and order conditions
1. A certificate of sastisfaction of security and order conditions is replaced if it is damaged or expired, or information in the certificate of sastisfaction of security and order conditions is incorrect or changed.
The application for replacement includes the following documents:
a) The application form for replacement of Certificate of satisfaction of security and order conditions submitted by the business establishment (Form No. 03 stated in the Annex herein) to the competent police authority;
b) Legitimate copies of documents proving the change in information specified in Certificate of satisfaction of security and order conditions (if any);
c) Documents prescribed in Clause 4 Article 19 of this Decree if there is a change in the holder of Certificate of satisfaction of security and order conditions;
d) The original of the issued Certificate of satisfaction of security and order conditions.
2. A certificate of sastisfaction of security and order conditions shall be re-issued in case of loss.
If the issued certificate of sastisfaction of security and order conditions is lost, the business establishment shall apply for the re-issuance. The application requires the following documents:
a) The application form for reissuance of Certificate of satisfaction of security and order conditions submitted by the business establishment to the competent police authority (Form No. 03 stated in the Annex herein);
b) Receipt of payment of fines as referred to by applicable laws (if any).
Article 22. Application and period for re-issuance of Certificate of sastisfaction of security and order conditions after being revoked
The reissuance of Certificate of sastisfaction of security and order conditions after being revoked as referred to in Clause 1 and Clause 18 of this Article shall be carried out as follows:
1. Within 06 months from the date on which the certificate of sastisfaction of security and order conditions is revoked as referred to in Points b, c and h Clause 1 Article 18 of this Decree, the business establishment that wants to continue its business activities after having satisfied all conditions in this Decree may submit the application for re-issuance of certificate of sastisfaction of security and order conditions to the competent police authority. The application consists of:
a) The application form for re-issuance of Certificate of satisfaction of security and order conditions submitted by the business establishment to the competent police authority (Form No. 03 stated in the Annex herein);
b) Legitimate copies of documents proving that the business establishment has satisfied all business conditions (if any).
2. If a certificate of sastisfaction of security and order conditions is revoked as referred to in Points a and e Clause 1 Article 18 of this Decree, the business establishment that fails to appoint another person to take charge of security and order shall only submit the application for re-issuance of certificate of sastisfaction of security and order conditions after 12 months from the issued date of the revocation decision.
The application for re-issuance of Certificate of sastisfaction of security and order conditions shall be the same as that for issuance of new certificate as regulated in Article 19 or Article 20 of this Decree.
3. If a certificate of sastisfaction of security and order conditions is revoked as referred to in Point g Clause 1 Article 18 of this Decree, the business establishment that fails to appoint another person to take charge of security and order shall only submit the application for re-issuance of certificate of sastisfaction of security and order conditions after 24 months from the issued date of the revocation decision, except for the cases where the Court’s decision applies.
The application for re-issuance of Certificate of sastisfaction of security and order conditions shall be the same as that for issuance of new certificate as regulated in Article 19 or Article 20 of this Decree.
4. The business establishments that have certificates of sastisfaction of security and order conditions revoked as referred to in Clause 2 and Clause 3 of this Article may submit the application for re-issuance of Certificate of sastisfaction of security and order conditions which is the same as that for issuance of new certificates as regulated in Article 19 or Article 20 of this Decree after they have made change in persons in charge of security and order.
Article 23. Procedures for application submission and period for issuance of Certificate of sastisfaction of security and order conditions
1. Application procedures:
a) The business establishment shall submit one set of applications dossiers for issuance/replacement/re-issuance of Certificate of satisfaction of security and order conditions as referred to Articles 19, 20, 21 and 22 of this Decree to the competent police authority;
b) If a business establishment engages in several business sectors at the same business location but the issuance of Certificates of satisfaction of security and order conditions for those business sectors is under the competence of different police authorities, that business establishment shall submit one set of application dossiers to the highest-level police authority to issue one Certificate of satisfaction of security and order conditions for all those business sectors;
c) If there are several business establishments engage in different business sectors at the same business location but the issuance of Certificates of satisfaction of security and order conditions for those business sectors is under the competence of different police authorities, each business establishment shall submit one set of application dossiers for issuance of Certificate of satisfaction of security and order conditions to the highest-level police authority;
d) If a business establishment has established branches/affiliates that have business locations other than that of the main business establishment, each branch/affiliate shall submit one set of application dossiers for issuance of Certificate of satisfaction of security and order conditions to the police authority competent to manage that branch/affiliate.
2. Form of application submission:
A business establishment may choose one of the following forms to submit its application:
a) The application is directly submitted at the competent police authority;
b) The application is submitted by post;
c) The application is submitted online via the Ministry of Public Security’s portal for management of business sectors subject to security and order conditions.
If an application is submitted online via the Ministry of Public Security’s portal for management of business sectors subject to security and order conditions, the business establishment must send documents prescribed in Articles 19, 20, 21 and 22 of this Decree to the competent police authority when it receives the Certificate of satisfaction of security and order conditions.
3. The period for issuance of Certificate of sastisfaction of security and order conditions as of the receipt of valid application is as below:
a) Within 05 working days if the application is one of the cases prescribed in Articles 19, 20 and Clauses 2, 3, 4 Article 22 of this Decree;
b) Within 04 working days if the application is submitted for replacement or re-issuance as prescribed in Article 21 and Clause 1 Article 22 of this Decree.
4. If an application for Certificate of sastisfaction of security and order conditions is rejected, the police authority shall send a written notice of reasons thereof to the business establishment within 04 working days.
Article 24. Power to issue certificate of sastisfaction of security and order conditions, and security guard certificate, and verify and approve for security guard training curriculum/program
1. The Police Department for Administrative Management of Social Order directly under Ministry of Public Security shall assume the following responsibilities:
a) Issue Certificates of sastisfaction of security and order conditions and manage the following business establishments: traders in small-size handguns; traders in industrial explosives; traders in explosive precursors; blasting service providers; business establishments engaging in business sectors with use of industrial explosives for exploration/exploitation of minerals/petroleum in the continental shelf of Vietnam; providers of accommodation rated at 05 stars or above; traders in combat gears; traders in paintball guns (except for paintball shooting service providers); traders in firecrackers; casino service providers; providers of electronic casino game services for foreigners; security service providers with foreign investment and those with functions to provide security guard training courses; business establishments affiliated to Ministry of Public Security;
c) Take charge of testing and issue Security guard certificates to qualified security guards who have been trained at business establishments with function to provide security guard training courses, vocational training centers affiliated to people’s police schools or professional improvement and training centers of units that are affiliated to Ministry of Public Security and have function to provide security guard training courses;
c) Verify and approve security guard training curricula and programs submitted by security guard training establishments referred to in Clause 1 Article 12 of this Decree.
2. The Police Offices for Administrative Management of Social Order directly under Police authorities of central-affiliated cities or provinces shall assume the following responsibilities:
a) Issue Certificate of satisfaction of security and order conditions and manage the following business establishments (except for business establishments provided for in Point a Clause 1 of this Article), consisting of:
Producers of seals; business establishments engaging in business sectors with use of industrial explosives; producers and traders in military clothes and hats, army badges and insignia of People’s Military Forces and People’s Public Security Forces.
Traders in the following types of machinery and equipment (including parts, components and equipment for manufacturing thereof): radar speed guns, GSM phone trackers and other types of phone trackers, breathanalyzers; betting service providers and printing service providers.
Traders in mobile phone jammers, and providers of plastic surgery service, dance club service, accommodation service, debt collection service and security service.
Business establishments affiliated to the Army and for-profit administrative units of central-affiliated agencies/organizations in their management provinces.
Other business establishments that are not mentioned in point a clause 1 and clause 3 of this Article, and business establishments upon the authorization in writing by the Police Department for Administrative Management of Social Order directly under Ministry of Public Security.
b) Take charge of testing and issue Security guard certificates to qualified security guards who have been trained at professional improvement and training centers that are affiliated to local police authorities and have function to provide security guard training courses.
3. Police authorities of districts affiliated to central-affiliated cities or provinces shall issue Certificates of sastisfaction of security and order conditions and manage the following business establishments (except for business establishments provided for in Point a Clause 1 and Point a Clause 2 of this Article), consisting of:
a) Paintball shooting service providers; karaoke service providers; massage service providers; pawnshop service providers; traders in warning devices of emergency vehicles; gas business establishments;
b) Business establishments that are not providers of accommodation service and printing service;
c) For-profit administrative units that are affiliated to district-level agencies or organizations and engage in business sectors with security and order conditions.
Tìm kiếm
Nghị định 96/2016/NĐ-CP (Bản Word)
Nghị định 96/2016/NĐ-CP (Bản Pdf)