Chương V Nghị định 96/2016/NĐ-CP: Trách nhiệm của cơ sở kinh doanh

Chapter V

RESPONSIBILITIES OF BUSINESS ESTABLISHMENTS

Article 25. General responsibilities of all business establishments

1. The person in charge of security and order of a business establishment must be responsible for ensuring security and order conditions, comply with all regulations on security and order in this Decree and other regulations of relevant laws.

2. The business establishment must send a written notice, enclosed with Certificate of sastisfaction of security and order conditions, to the competent police authority of commune/ward/district-level town where business activities are carried out within 05 days from the date on which its business is commenced.

3. Security and order conditions prescribed in this Decree must be maintained during the business process.

4. The business establishment is not allowed to take advantage of its business location to perform acts that violate the law, infringe on security and order, infringe on the morals or national habits and customs.

5. Any doubtful acts or matters relating to security and order at the business establishment should be promptly informed to competent police authorities.

6. If a Certificate of sastisfaction of security and order conditions is lost, a written notice of that loss must be sent to the competent police authority within 03 working days.

7. Business establishments must make quarterly or irregular reports on security and order status as regulated by Ministry of Public Security.

8. Business establishments must bear the inspection and incur penalties imposed by competent police authorities and regulatory bodies.

9. Employees working in business establishments must be enough 18 years old or older, have full capacity of civil acts and must be not drug addicts. Business establishments shall not contract persons who are under the investigation, prosecution or adjudication; suspended from serving prison sentences; are under conditional parole or serving non-custodial rehabilitation.

10. Within 20 days from the date on which business activities are commenced, the business establishment shall provide the following documents to the competent police authority:

a) The list of its employees;

b) The curriculum vitae and individual declaration of the person in charge of security and order of the business establishment, except for the holder of Certificate of satisfaction of security and order conditions;

c) Documents proving that the business establishment has satisfied all conditions for each business sector as referred to in Articles 8, 11 and 12 of this Decree;

d) The list of facilities and equipment in service of security (if any);

dd) Diagram of business location of a trader in industrial explosives, trader in explosive precursors, the business establishment engaging in business sectors with use of industrial explosives and explosive precursors, blasting service provider, trader in combat gears, trader in paintball guns, trader in firecrackers, casino service provider, provider of electronic casino game services for foreigners, accommodation service provider, karaoke service provider, dance club service provider, massage service provider or pawnshop service provider.

11. An application for reissuance or replace of certificate of sastisfaction of security and order conditions must be submitted to the competent police authority in case where the issued certificate of sastisfaction of security and order conditions is lost, damaged or expired, or the business establishment wants to make change in information specified in the issued certificate of sastisfaction of security and order conditions.

12. Business establishments must organize training courses in security and order guarantee for their security guards and other involved employees as regulated by competent police authorities.

13. The business establishment must send written notice at least 10 days before it temporarily suspends its business activities to the competent police authority and the police authority of commune/ward/district-level town where its business activities are carried out, in which reasons and suspension period must be specified.

14. If business establishments in small-size handguns, industrial explosives, explosive prosecutors, business sectors with use of industrial explosives and explosive prosecutors, blasting service, combat gears, and paintball guns stop their business, they must send the list of unsold handguns, industrial explosives, explosive prosecutors, combat gears, and paintball guns (if any) and request the police authorities or military authorities at provincial level or higher to handle them in accordance with law regulations.

15. Business establishments must prepare books for managing their business activities in corresponding to each business sector by using the form adopted by Ministry of Public Security.

16. Business establishments must pay fees for verification of Certificates of sastisfaction of security and order conditions, and fees for testing and issuance of security guard certificates in accordance with the law regulations.

Article 26. Responsibilities of a seal producer

Apart from responsibilities mentioned in Article 25 of this Decree, a seal producer must:

1. Post in the public the process for receiving the seal production documents and the seal carving price at its business location.

2. Produce seals by use of extremely durable and firm materials.

3. Strictly manage and transfer the produced seals to competent police authorities to carry out the seal registration as regulated; not deliver the produced seals directly to customers, except for the seals of enterprises that are not under the management of police authorities as referred to by regulations of the law on management and use of seals.

4. Not provide sample seal designs of agencies/organizations to unauthorized persons.

5. Inform the police authorities to verify and clear up any doubts about the production of seals inconsistently with regulations.

Article 27. Responsibilities of traders in combat gears and traders in paintball guns

Apart from responsibilities in Article 25 of this Decree, traders in combat gears and traders in paintball guns must:

1. Have warehouse for maintaining combat gears/ paintball guns that meet safety conditions as referred to by law regulations.

2. Make and post the internal regulations on the guarantee of security, order, fire and explosion prevention and fighting at a noticeable and legible place in the warehouse of combat gears/ paintball guns.

3. Buy combat gears, paintball guns, pellets and accessories for production of combat gears/ paintball guns which have legitimate and clear origin, and sell combat gears, paintball guns, pellets used for combat gears/ paintball guns to entities that have been licensed by competent police authorities.

4. Repair combat gears/ paintball guns for agencies/organizations after having obtained permission from police authorities.

5. Ensure safety while providing paintball shooting service to customers and only provide this service to persons aged 18 years or older.

6. While providing paintball shooting service to customers, medical staff must be available for taking actions against any unexpected events.

Article 28. Responsibilities of firecracker traders

Apart from responsibilities in Article 25 of this Decree, a firecracker trader must:

1. Have warehouse for storing materials for manufacturing firecrackers and warehouse for finished firecrackers in accordance with regulations of the law on management and use of firecrackers.

2. Make and post the internal regulations on the guarantee of security, order, fire and explosion prevention and fighting at a noticeable and legible place.

3. Only produce, process and sell types of firecrackers in accordance with regulations of the law on management and use of firecrackers.

4. Produce, store and transfer firecrackers in accordance with regulations on combustible and explosive goods.

5. Import and export firecrackers and materials for firecracker production after having obtained a license from competent authorities in accordance with regulations of the law on management and use of firecrackers.

6. Only sell fireworks to entities that have obtained written approval for use of fireworks from competent authorities.

7. Establish councils for summation and destruction of discharged firecrackers in accordance with regulations of the law.

Article 29. Responsibilities of pawnshop service providers

Apart from responsibilities in Article 25 of this Decree, a pawnshop service provider must:

1. Check personal identification papers of the person who pawns his/her property at the pawnshop, consisting of: ID card or citizen identity card or passport or other personal identification paper with photo which is issued by competent authority and still valid, and retain a copy thereof at the pawnshop.

2. Make contract for pledge of property as referred to by law regulations.

3. With regard pledged property which requires ownership certificate as referred to by law, the pawnshop service provider shall only accept that property if it has legitimate ownership certificate and the original thereof shall be retained at the pawnshop during the period that property is pledged.

4. If the pledged property is under the ownership of a third party, the legal letter of authorization made by the owner of that property is required.

5. The property with unclear origin or obtained from illegal acts shall not be accepted for pawn.

6. The interest rate of loans provided when receiving pledged property shall not exceed the interest rate regulated in the Civil Code.

7. Have qualified warehouse for storing pledged property.

Article 30. Responsibilities of massage service providers

Apart from responsibilities in Article 25 of this Decree, a massage service provider must:

1. Have safe place for storing and keeping customers’ jewelry and property.

2. Massage rooms for men must be separated from those for women.

Article 31. Responsibilities of traders in warning devices of emergency vehicles

Apart from responsibilities in Article 25 of this Decree, a trader in warning devices of emergency vehicles must:

1. Not import or produce devices inconsistently with sound and light standards for horns and lights as regulated in the Decree No. 109/2009/ND-CP dated December 01, 2009 providing for signals of emergency vehicles. Traded products must have documents proving their legitimate origin.

2. Sell warning devices of emergency vehicles to buyers in conformity with the quantity and types specified in the licenses granted by competent authorities as regulated.

Article 32. Responsibilities of security service providers

Apart from responsibilities in Article 25 of this Decree, a security service provider must:

1. Select and use security guards who meet the following standards:

a) Have full capability of civil acts; have no criminal record on murder or deliberate infliction of injuries or offences against rights of property;

b) Have clear curriculum vitae which must be certified by people’s committee of commune/ward/district-level town where his/her permanent residence is registered;

c) Have health certificate granted by medical center or hospital at district level or higher to certify he/she is fit for working;

d) Possess a graduation diploma of secondary school or higher;

dd) A foreigner or Vietnamese person who resides abroad shall not appointed as the person in charge of security and order or directly managing business activities or as a security guard of the security service provider.

2. Use security guards who have been trained and obtained security guard certificates.

3. Enter into labour contracts with security guards as referred to by law regulations.

4. Organize security guard training courses after the competent police authority gives a written approval for its security guard training curriculum/program.

5. Grant signs and uniforms (with logo registered at the competent police authority) to its security guards.

6. Enter in economic contracts before providing security services.

7. Not provide security service to persons or subjects or activities in violation of the law.

8. Within 05 days from the date on which a security service is provided to protect a subject at a central-affiliated city or province outside the scope of its head office, the security service provider must send a written notice, enclosed with the legitimate copy of the Certificate of sastisfaction of security and order conditions, the list of security guards, and the list of number and types of combat gears (if any) at the protected subject, to the police authority of commune/ward/district-level town where the security service is provided.

9. Within 20 days from the date on which business activities are commenced, the security service provider with foreign investment must send the list of machinery and technical facilities invested by foreign party, enclosed with records of valuation of such machinery and technical facilities made by the valuation authority at provincial level or higher, to the competent police authority.

Article 33. Responsibilities of providers of casino services and electronic casino game services for foreigners

Apart from responsibilities in Article 25 of this Decree, providers of casino services and electronic casino game services for foreigners shall also assume the following responsibilities:

1. Make and post the internal regulations (in both Vietnamese and foreign language) on the guarantee of security, order, fight against social evils, fire and explosion prevention and fighting at the door at the business location.

2. Check and retain copies of personal identification papers of customers, and record customers’ information in monitoring books.

3. Make and send the list of number and types of electronic gaming machines to the competent police authority, enclosed with legitimate copies of documents proving their origin.

4. Prohibit unlicensed persons from playing electronic casino games and casino at the business establishments providing casino services and electronic casino game services for foreigners in accordance with regulations of the law on casino services and electronic casino game services for foreigners.

5. Report to the police authorities on a timely manner when discovering that any customer carries weapons, explosives or combat gears into the business area.

6. At least 30% of security guards of a provider of electronic casino game service for foreigners or casino service are provided by security service providers.

Article 34. Responsibilities of debt collection providers

Apart from responsibilities in Article 25 of this Decree, a debt collection service provider must:

1. Select and use employees who must have no criminal record on murder, disturbance of public order, deliberate infliction of bodily harm, insults to another person and offences against rights of property.

2. Only provide debt collection service within the scope permitted by the law and through authorization contracts signed with creditors.

3. Within 03 days before executing a debt collection contract, the debt collection service provider must give a written notice to the police authority of commune/ward/district-level town where the debt is collected.

4. When collecting debts, it’s prohibited from use of violence or threat of violence and use of facilities that cause influence on public order.

5. It’s not allowed to use persons who are not employees of the debt collection service provider to collect debts.

Article 35. Responsibilities of betting service providers

Apart from responsibilities in Article 25 of this Decree, a betting service provider shall assume the following responsibilities:

1. Make and post the internal regulations on the guarantee of security and order at a noticeable and legible place at the business location.

2. A betting service provider shall not contract employees who have criminal records on gambling, organization of gambling or gambling-dens, or usury.

3. Report to the police authorities on a timely manner when discovering that any person carries weapons, explosives, combat gears or inflammable matters into the business area.

Article 36. Responsibilities of gas business establishments

Apart from responsibilities in Article 25 of this Decree, a gas business establishment must:

1. Make and post the internal regulations on fire prevention and fighting at a noticeable and legible place.

2. Strictly comply with regulations on fire and explosion safety.

3. Strictly and sufficiently comply with processes of production, storage and transportation of highly combustible and explosive goods.

Article 37. Responsibilities of business establishments in industrial explosives and explosive precursors

Apart from responsibilities in Article 25 of this Decree, business establishments in industrial explosives and explosive precursors shall also assume the following responsibilities:

1. Make and post the internal regulations on the guarantee of security, order, fire and explosion prevention and fighting at a noticeable and legible place.

2. Have warehouses for storing industrial explosives and explosive precursors which must comply with regulated standards; not store explosives or explosive precursors together with combustible matters in the same warehouse.

3. Strictly comply with regulations of the law on storage and transportation of dangerous goods during the storage and transportation of industrial explosives or explosive precursors.

4. Only sell industrial explosives and explosive precursors to entities who have obtained Certificates of satisfaction of security and order conditions and Permit to use industrial explosives or written approval from the General Department of Police affiliated to Ministry of Public Security (if the purchase of industrial explosives or explosive precursors is not for commercial purposes).

Article 38. Responsibilities of business establishments in business sectors with use of industrial explosives and explosive precursors, and blasting service providers

Apart from responsibilities in Article 25 of this Decree, business establishments in business sectors with use of industrial explosives and explosive precursors, and blasting service providers shall also assume the following responsibilities:

1. Make and post the internal regulations on the guarantee of security, order, fire and explosion prevention and fighting at a noticeable and legible place in the industrial explosives storage and use areas.

2. Have warehouses for storing industrial explosives and explosive precursors which must satisfy standards adopted by sector authorities; not store explosives, explosive precursors and combustible matters in the same warehouse.

3. If a business establishment needs using industrial explosives but wants to hire blasting service, it shall only hire a blasting service provider that has obtained Certificate of sastisfaction of security and order conditions and Blasting Permit and must not implement regulations in Clauses 1 & 2 of this Article.

4. Within 06 days before the blasting, the business establishment must give a written notice to the police authority of district where blasting activities are carried out in order to cooperate in security and order guarantee.

5. The remaining industrial explosives must be stored in the warehouse for management or re-sold to industrial explosive provider.

6. The purchase of industrial explosives or explosive precursors from an entity that is not licensed to sell these products is prohibited.

Article 39. Responsibilities of printing service providers

Apart from responsibilities in Article 25 of this Decree, a printing service provider must:

1. Make and post the internal regulations on the guarantee of security, order, fire prevention and fighting at a noticeable and legible place.

2. Store printing materials and products in conformity with regulations on fire safety.

3. Only carry out prepress, press and postpress activities when procedures, legal documents and economic contracts thereof are performed in accordance with the law regulations.

4. Not print documents whose contents are inconsistent with the morals or the national habits and customs, and other documents in violation of law.

Article 40. Responsibilities of traders in mobile phone jammers

Apart from responsibilities in Article 25 of this Decree, a trader in mobile phone jammers shall also assume the following responsibilities:

1. Only sell mobile phone jammers with clear and legitimate origin.

2. Have qualified warehouse for storing mobile phone jammers.

3. Only sell mobile phone jammers to entities that have obtained written permission from competent authorities of the Police Forces or Army Forces as regulated by Ministry of Public Security and/or Ministry of National Defence or entities that have obtained permit to use from the Prime Minister.

4. Send quarterly reports, enclosed with the list of buyers of mobile phone jammers, to competent police authorities.

5. Destruct damaged mobile phone jammers.

Article 41. Responsibilities of plastic surgery service providers

Apart from responsibilities in Article 25 of this Decree, a plastic surgery service provider shall also assume the following responsibilities:

1. Check and retain copies of personal identification papers of its customers in records. Personal identification paper may be one of the following types:

ID card or Citizen identity card or Passport of customer aged 14 years or older; Birth Certificate of customer aged under 14 years.

2. If the plastic surgery makes change in features of the face of a customer aged 14 years or older, the plastic surgery service provider must take and retain 4x6 cm portrait photographs of that customer before and after the medical records of that customer.

3. Send quarterly reports, enclosed with copies of personal identification papers and photographs of customers as referred to in Clause 1 and Clause 2 of this Article, to competent police authorities.

Article 42. Responsibilities of karaoke service providers

Apart from responsibilities in Article 25 of this Decree, a karaoke service provider must:

1. Make and post the internal regulations on the guarantee of security, order, fight against social evils, and fire prevention and fighting at a noticeable and legible place.

2. Report to the police authorities on a timely manner when discovering that any customer carries weapons, explosives, combat gears or flammable matters into karaoke room or any customer was suspected of drug addiction.

Article 43. Responsibilities of dance club service providers

Apart from responsibilities in Article 25 of this Decree, a dance club service provider must:

1. Make and post the internal regulations on the guarantee of security, order, fight against social evils, and fire prevention and fighting at a noticeable and legible place.

2. Use at least 30% of security guards who are supplied by security service providers.

3. Report to the police authorities on a timely manner when discovering that any customer carries weapons, explosives, combat gears or flammable matters into the dance club or any customer was suspected of drug addiction.

Article 44. Responsibilities of accommodation service providers

Apart from responsibilities in Article 25 of this Decree, an accommodation service provider must:

1. Make and post the internal regulations on the guarantee of security, order, fight against social evils, and fire prevention and fighting at a noticeable and legible place.

2. Check personal identification papers of customers, including one of the following types: ID card, citizen identity card, passport, permanent resident card or temporary resident card (if customer is a foreigner), or other personal identification papers with photo issued by competent authorities of Vietnam.

If a customer fails to present his/her personal identification paper, the accommodation service provider must report to the police authority of commune/ward/district-level town or local police station after delivering accommodation to that customer.

3. Record all information of customers in monitoring book (or store information on computer) before delivering rooms to customers.

4. Report the stay of Vietnamese people or register the temporary residence of foreigners (who stay overnight or according to hours) with the police authority of commune/ward/district-level town or local police station before 23:00 PM daily. If receiving a customer after 23:00 PM, the said report must be made before 08:00 AM of the next day. The said report may be carried out under the following forms:

a) With regard to Vietnamese people, if the internet network is available, the accommodation service provider shall report to the police authority via internet; if the internet network is unavailable, the accommodation service provider may directly report at the police authority or report by call;

b) With regard to foreigners, the accommodation service provider must complete and send Declarations of temporary residence for foreigners to the police authority.

5. Check and manage personal identification papers of persons who visit customers at the accommodation service provider; record information and return such papers when they leave.

6. Retain information of customers and of persons who visit them at their rooms for at least 36 months.

7. If a customer carries weapon or combat gear, the accommodation service provider must request that customer to present the permit to use weapon or combat gear granted by the police authority or army force. If that customer fails to present his/her permit to use weapon or combat gear, the accommodation service provider must report it to the competent police authority in a timely manner.

Article 45. Responsibilities of business establishments 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

Apart from responsibilities in Article 25 of this Decree, business establishments 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 shall also assume the following responsibilities:

1. Have warehouse in conformity with regulations on storage of flammable and explosive goods as referred to by the law on fire prevention and fighting.

2. Import, export and trade in materials/goods which have clear and legitimate origin.

3. Only sell or deliver products to entities that have obtained written approval from the military forces or competent police authorities.

4. Products which are damaged or have poor quality must be handled and destructed in accordance with the law.

5. Within 20 days from the date on which business activities are commenced, the business establishment must send the written approval or the contract referred to in Clause 3 Article 13 of this Decree to the competent police authority.