Chương VI Nghị định 96/2016/NĐ-CP: Trách nhiệm của các bộ, cơ quan ngang bộ, cơ quan thuộc chính phủ, ủy ban nhân dân cấp tỉnh và công tác kiểm tra, thanh tra

Chapter VI

RESPONSIBILITIES OF MINISTRIES, MINISTERIAL-LEVEL AGENCIES, AFFILIATES OF THE GOVERNMENT AND PROVINCIAL-LEVEL PEOPLE’S COMMITTEES, AND INSPECTION RESPONSIBILITIES

Article 46. Responsibilities of Ministry of Public Security

Ministry of Public Security shall bear responsibility before the Government for state management of security and order within the national scope in connection with conditional business sectors as regulated in this Decree in order to prevent, discover and take actions against crimes and other illegal acts, and have the following duties and rights:

1. Instruct and provide training in security and order to business establishments in business sectors with security and order conditions as referred to in this Decree, except for security service providers.

2. Promulgate templates to serve the management of security and order by business establishments that engage in business sectors referred to in Article 3 of this Decree.

3. Provide guidelines on samples of trousers, shirts, shoes, hats, shoulder loops, and cap badge, signs for security guards.

4. Provide consistent guidelines on the verification of application dossiers before issuance or revocation of Certificates of sastisfaction of security and order conditions; verify persons in charge of security and order, and actual conditions at business establishments; test and issue security guard certificates on the principle of issuing the only security guard certificate to all contents defined in the security guard training curriculum as referred to in this Decree, and take acts to prevent, discover and handle events that take advantage of business sectors subject to security and order conditions to commit crimes and other illegal acts.

5. Propagate and disseminate laws on security and order to business establishments in business sectors prescribed in this Decree, and instruct them to make security and order plans.

6. Take charge and coordinate with ministries/regulatory bodies to inspect and handle complaints or denunciations, prevent, discover and take actions against violations against regulations on security and order in connection with business sectors provided for in this Decree within to their competence.

7. Take charge and coordinate with ministries/regulatory bodies in doing research on information technology applications, constructing electronic database system in service of management and performance of administrative procedures relating to the guarantee of security and order of entities involved in business sectors provided for in this Decree.

8. Make preliminary summing-up and summation of the implementation of legislative documents about the guarantee of security and order for business sectors provided for in this Decree.

9. Suggest or request for amendments and/or supplements to legislative documents about business sectors subjects to security and order conditions.

Article 47. Responsibilities of Ministry of Finance

1. Take charge and coordinate with Ministry of Public Security in providing for the collection rates, management and use of fees for inspection of security and order conditions to issue Certificates of sastisfaction of security and order conditions, and fees for testing and issuance of security guard certificates.

2. Coordinate with Ministry of Public Security in making estimates and accounting of expenses for maintaining operations of the Ministry of Public Security’s portal for management of business sectors subject to security and order conditions in accordance with regulations of the Law on state budget and its instructional documents.

Article 48. Responsibilities of ministries, ministerial-level agencies, affiliates of the government

Ministries, ministerial-level agencies, affiliates of the Government shall have the following rights and duties:

1. Instruct competent bodies and units involved in in-charge sectors to organize implementation of this Decree.

2. Propagate, disseminate and educate laws on sector management with respect to business sectors with security and order conditions under their management.

3. Coordinate with Ministry of Public Security in inspecting the compliance with security and order conditions by business establishments under their management.

4. Suggest or request for amendments and/or supplements to legislative documents about business sectors subjects to security and order conditions.

Article 49. Responsibilities of people’s committees of central-affiliated cities or provinces

Instruct local competent bodies under their management to exercise and discharge the following rights and duties:

1. Perform state management of business sectors subjects to security and order conditions as provided for in this Decree and other legislative documents under their management.

2. Prevention, discovery, combat and actions against crimes and other illegal acts in connection with business sectors subjects to security and order conditions within provincial scope.

3. Suggest or request for amendments and/or supplements to legislative documents about the management of business sectors subjects to security and order conditions.

Article 50. Inspection

1. Competent police authorities shall carry out comprehensive inspection of the compliance with security and order regulations by business establishments in business sectors subject to security and order conditions on the basis of one inspection yearly or on irregular basis.

The irregular inspection shall be only conduced when a business establishment has violation or denotes violation against regulations on security and order; or any organization or individual files complaint or denunciation for violation against regulations on security and order committed by the business establishment; or the irregular inspection is conducted to strengthen the guarantee of security and order as instructed in writing by competent authorities.

2. Inspection contents:

a) Inspect and verify legal documents; business contents specified in the License and Certificate of satisfaction of security and order conditions issued by competent police authorities to business establishments in comparison with those in reality;

b) Inspect the compliance with regulations in this Decree and other relevant legislative documents;

c) Inspect people and facilities, traded products, and services relating to business activities of business establishments in accordance with the law regulations.

The record of each inspection must be made (according to the form promulgated by Ministry of Public Security), which includes inspection results and shortcomings or violations (if any).

3. Authorities competent to conduct inspection:

a) The police authority that issues Certificate of satisfaction of security and order conditions and directly manages which business establishment shall carry out the yearly or irregular inspection of that business establishment;

b) Competent units affiliated to police authorities at all levels may only conduct the inspection of business establishments in their management areas when they discover that a business establishment has violation or denotes violation against regulations on security and order; or when they receive complaints or denunciations by organizations or individuals in connection with security and order matters at business establishments within their management areas. Upon the completion of an inspection, that competent unit must send written notice of inspection results and the handling of violations (if any) to the police authority that issued Certificate of sastisfaction of security and order conditions to that business establishment;

c) Police authorities at all level shall, within the ambit of assigned functions and duties, may conduct irregular inspections in service of performing political duties or strengthening security and order guarantee provided that such inspections must be conducted with the written approval by police authorities at district level or instructional documents by police authorities of higher levels.

4. Violations discovered from the inspection must be strictly handled in accordance with the law regulations.