Thông tư 42/2017/TT-BCA ngày 20/10/2017 hướng dẫn Nghị định 96/2016/NĐ-CP về điều kiện an ninh, trật tự đối với một số ngành, nghề đầu tư kinh doanh có điều kiện do Bộ trưởng Bộ Công an ban hành

CIRCULAR

ON GUIDELINES FOR A NUMBER OF ARTICLES OF DECREE NO. 96/2016/ND-CP DATED JULY 01, 2016 ON PROVIDING FOR SECURITY REQUIREMENTS APPLIED TO CERTAIN BUSINESS LINES

Pursuant to Decree No. 96/2016/ND-CP dated July 01, 2016 on providing for security requirements applied to certain business lines;

Pursuant to Decree No. 106/2014/ND-CP dated November 17, 2014 defining the functions, tasks, entitlements and organizational structure of the Ministry of Public Security;

At the request of Director General of Police General Department;

The Minister of Public Security promulgates the Circular on guidelines for a number of articles of Decree No. 96/2016/ND-CP dated July 01, 2016 on providing for security requirements applied to certain business lines.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular provides for a number of articles of Decree No. 96/2016/ND-CP dated July 01, 2016 on providing for security requirements applied to certain business lines (hereinafter referred to as Decree No. 96/2016/ND-CP) on: submission of application for the certificate of fulfillment of security requirements (hereinafter referred to as “security certificate”); revocation of the security certificate; security assurance plan; post-issuance inspection; communication and reporting; inspection of business establishments; uniforms of security guards; specimens of document forms serving management of business lines subject to security requirements; responsibilities of the police.

Article 2. Document forms serving management of business lines subject to security requirements

1. The following forms are issued together with this Circular in accordance with Decree No. 96/2016/ND-CP (the general symbol is conditions):

a) Forms used by the police:

- Receipt of application for the security certificate (Form DK1a);

- Receipt of application for the security certificate via the website (Form DK1b);

- Written instructions for completion of application for the security certificate (Form DK2);

- Written notice of invalid application for the security certificate (Form DK3);

- Written verification on the résumé of the chief security officer who is a Vietnamese resident (Form DK4a);

- Written verification on the résumé of the chief security officer who is a foreigner or a Vietnamese holding a foreign passport and resides a board (Form DK4b);

- Record of inspection of business establishments of business sectors subject to security requirements (Form DK5a);

- Record on post-issuance inspection (Form DK5b);

- Decision on revocation of the security certificate (Form DK6);

- Decision on establishment of security guard examination board (Form DK7);

- Report on business management of business establishments of business sectors subject to security requirements (Form DK8);

- Record on delivery of security certificate (Form DK9);

- Log of issuance of the security certificates (Form DK10);

b) Forms used by business establishments:

- List of employees of business establishments subject to security requirements (Form DK11);

- Lists of employees applying for the certificate of security training (Form DK12);

- Report on fulfillment of security requirements (Form DK13);

- Record book of seal production (Form DK14);

- Record book of business of small-size military handguns, combat gears, paintball guns and firecrackers (Form DK15);

- Record book of business of industrial explosive materials and explosive precursors (ammonium nitrate of high content - 98.5% or higher), (Form DK16);

- Record book of business operations with use of industrial explosive materials and blasting services (Form DK17);

- Record book of gas business (Form DK18);

- Record book of pawnshop services (Form DK19);

- Record book of business of karaoke, dance club and massage services (Form DK20);

- Record book of business of electronic casino game services for foreigners; casino business (Form DK21);

- Record book of betting services (Form DK22);

- Record book of business of mobile phone jammers; radar speed guns to inspect speed of motor vehicles; breathalyzers; phone trackers and warning devices of emergency vehicles (Form DK23);

- Record book of debt collection services (Form DK24);

- Record book of plastic surgery services (Form DK25);

- Record book of accommodation services (Form DK26);

- Record book of security services (Form DK27);

- Record book of security guard training (Form DK28);

- Record book of military clothes and hats, army badges and insignia of People’s Military Forces and People’s Public Security Forces (Form DK29).

2. Specifications

The forms mentioned in Clause 1 of this Article shall be printed in black and white on A4 papers (Form No. DK8 shall be printed on A3 papers).

3. Filling requirements

a) Columns and Sections must be completely and accurately filled; the writing must be clear, the information in each template must be provided completely;

b) The ink color for filling the templates and the information in the templates shall be blue, purple or black and the same kind of ink must be used in a complete content of a template.

Police units, local authorities and business establishments applied information technology in management may directly use the templates on computers as long as they ensure sufficient contents of the templates promulgated together with this Circular.

4. Printing, management of templates and funding for implementation assurance

a) The Ministry of Public Security shall ensure the consistency of management of the templates issued together with this Circular;

b) Police units, local authorities and business establishments shall print and use the templates themselves;

c) Management of templates:

- Police units and local authorities shall manage the templates used for police authorities in accordance with the police operation records regime;

- Business establishments shall manage the templates used at their establishments.

d) The funding for printing of templates specified in Point a Clause 1 this Article shall be used from the current state budget provided by the Ministry of Public Security to the units and local authorities. Annually, the Police units and local authorities shall prepare the cost estimates for the printing of templates and send them to the Department of Finance for summing up and reporting to the executives of the Ministry of Public Security.

Chapter II

SPECIFIC PROVISIONS

Article 3. Applying for the security certificate

A branch or affiliate whose location is different from that of the main business establishment as specified in Point d Clause 1 Article 23 of Decree No. 96/2016/ND-CP under the management of the police authority specified in Clause 2 and 3 Article 24 of Decree No. 96/2016/ND-CP shall submit the application to the supervisory police authority of the main business establishment or to the supervisory police authority of the branch or affiliate.

Article 4. Revocation of the security certificate

The police authority that issued a security certificate shall revoke it in the cases specified in Article 18 of Decree No. 96/2016/ND-CP .

If the violation that leads to the revocation of the certificate only affects one of the business establishment’s business lines or investment stages, only the certificate that covers the affected business line or investment stage shall be revoked.

Article 5. Security assurance plan

1. Business establishments shall prepare a security assurance plan for their operations as prescribed in Article 8 of Decree No. 96/2016/ND-CP.

2. If the security assurance plan does not meet the requirements specified in Clause 2 Article 8 of Decree No. 96/2016/ND-CP , its supervisory police authority shall provide guidance on completion of the plan.

3. The business establishment shall provide necessary conditions to organize the implementation of the security assurance plan.

Article 6. Post-issuance inspection

Within 60 days from the issuance, replacement and re-issuance of the security certificate to the establishment, the police authority specified in Article 24 of Decree No. 96/2016/ND-CP shall carry out post-issuance inspections in accordance with Clause 4 Article 46 of Decree No. 96/2016/ND-CP , in accordance with the following regulations:

1. Send a written notice on the contents and time of post-issuance inspection to the business establishment

2. The contents of a post-issuance inspection:

a) Inspecting the eligibility of the chief security officer of the business establishment (only if there is suspicion) by verifying his/her résumé according to template DK4a and DK4b issued together with this Circular if he/she is a Vietnamese citizens or foreigner and Vietnamese residing abroad and holding a foreign passport;

b) Directly inspecting fulfillment of security requirements at the business establishment.

3. A record on the post-issuance inspection shall be made in accordance with template DK5b issued together with this Circular. If the business establishment does not fulfill one of the security requirements, it shall be handled as follows:

a) Request the business establishment to suspend its business sectors or stages of an investment progress in writing in accordance with Clause 2 Article 200 of the Law on Enterprises 2014. At the same time, request the business establishment to provide remediation on violations of security requirements within 40 days in accordance with Point b Clause 1 Article 18 of Decree No. 96/2016/ND-CP ;

b) If the business establishment submits a written report on fulfillment of all security requirements, the competent police authority shall inspect and approve directly on the record according to template DK5b issued together with this Circular for the business establishment to continue its suspended business sectors or stages of an investment progress if the report is valid;

c) If the business establishment does not fulfill all security requirements within the time limit specified in Point a this Clause, the competent police authority shall issue the decision on revocation of the security certificate for the suspended business sectors or stages of investment progress with no time limit in accordance with Point b Clause 1 Article 18 of Decree No. 96/2016/ND-CP.

Article 7. Communication and reporting

1. Reporting by police authorities

On a quarterly basis (complete in the first week of the following quarter) or an irregular basis, the police authorizes at district-level shall report on the security requirements of the police authorities at provincial level to the Police Division on administrative management of social order; the Police Division on administrative management of social order shall report on the management of business sectors subject to security requirements according to template DK8 issued together with this Circular to the Police Department on administrative management of social order.

2. Reporting by business establishments

a) The business establishment shall send quarterly reports (completed in the last week of each quarter) on its fulfillment of security requirements in accordance with template DK13 issued together with this Circular to its supervisory police authority;

b) The business establishment shall send a report on an irregular basis on cases or information related to the security requirements of such business establishment to the nearest police authority and the supervisory police authority.

Article 8. Inspection of business establishments

1. Periodical inspection

The competent police authority specified in Article 24 of Decree No. 96/2016/ND-CP shall periodically inspect the business establishment once a year in combination with the inspection of other security-related contents (if any), specifically as follows:

a) Heads of the competent police authority specified in Article 24 of Decree No. 96/2016/ND-CP shall establish an inspection group or team (hereinafter referred to as “inspectorate”);

b) Development of inspection plan

The Division of guidance and management of business sectors subject to security requirements and seals affiliated to the Police Department on administrative management of social order; the team on registration and management of weapons, explosive materials, support tools, business sectors subject to security requirements and seals affiliated to the Police Division on administrative management of social order at provincial level; the Police team on administrative management of social order at district-level shall establish the periodical inspection plan on business establishments within their management, submit it to the competent authority specified in Article 24 of Decree No. 96/2016/ND-CP for approval.

c) Contents of the periodical inspection plan include:

- Reasons and basis for conducting the inspection;

- Purposes and requirements of inspection;

- Subjects of inspection;

- Contents of inspection;

- Components of the inspectorates;

- Time of inspection;

d) Conduction of inspection

- Before carrying out the inspection, the competent police authority shall send a notice 05 working days prior to the business establishment on the time, location, contents of the inspection and components of the inspectorates;

- The head of the inspectorates shall assign tasks to the members in accordance with the plan;

- Members of the inspectorates shall study and firmly gasp the purposes, requirements and contents of the inspection plan; actively perform their tasks in accordance with the assignments of the head;

- Contents of the plan shall be implemented in accordance with Clause 2 Article 50 of Decree No. 96/2016/ND-CP and the approved inspection plan;

- The inspection must be made into a record in accordance with template DK5a issued together with this Circular which bears the signatures of the record maker, the representative of the inspectorates and the chief security officer or the representative of the business establishment. The inspection record shall be made into at least 02 copies and the business establishment shall retain 01 copy of the record.

If the business establishment violates the law provisions on business sectors subject to security requirements, a record of administrative violations shall be made together with the inspection record for handling in accordance with the law. If there are signs of law violation related to other domains, if it is outside of the inspectorates’ handling competence, the head of the inspectorates must promptly report such violation to the direct authority for guidance; they shall not handle affairs outside of the scope of their assigned functions and tasks.dd) End of inspection

- The head of the inspectorates shall report the inspection results to the authority approved the plan;

- The authority shall assign offices to follow and urge the measures for limitations and shortcomings or handling of violations of the business establishment (if any).

2. Irregular inspection

Heads of the police authorities specified in Clause 3 Article 50 of Decree No. 96/2016/ND-CP shall decide the irregular inspection of business establishments, specifically as follows:

a) If an inspectorate is established, the head of the inspectorate shall propose measures and contents of the inspection and report them to the authority for approval of the establishment of the inspectorate;

b) If the authority assigns officers to inspect the business establishment but not establish an inspectorate due to urgent reasons, the assigned officers shall take responsibilities for the inspection;

c) Regarding inspectorates or inspecting officers affiliated to operation forces other than supervisory authorities of the business establishment, the officer in charge of the inspectorate shall present the people’s public security identification paper to the representative of the business establishment;

d) Contents of the inspection, making of inspection record and end of inspection shall comply with Point d, dd Clause 1 this Article.

Article 9. Trousers, shirts, shoes, hats, shoulder loops, lapel badges, cap badges and nameplates for security guards

1. Clothing

a) Spring/summer clothing

- European style black green trousers; 02 pleats in the front; 01 slit pocket in the right upper back;

- Blue or white shirt with short or long sleeves, folded collar with placket, the front part has 2 patch pockets with a trim in the middle of the pocket; 02 flaps have edges in the middle, cuffs with plackets, the back part has yoke across the shoulder; the left sleeve has a logo of the enterprise 5-6cm from the edge of the shoulder strap; the left front chest has a logo of the enterprise 2-3cm from the pocket mouth.

(The logo of the enterprise registered with the competent police authority)

b) Autumn/winter clothing

- Trousers are the same as the spring/summer ones;

- Long-sleeved vest with the same color as the trousers, the front part has patch pockets, the left front chest has an enterprise logo registered with the competent police authority 2-3cm from the pocket mouth, the left sleeve has a logo 5-6cm from the edge of the shoulder strap, black plastic buttons; a long-sleeved shirt with the same style as the summer one, upright collar with black green tie.

2. Shoes and hat

a) Black leather shoes;

b) Soft baseball hat with the same color as the trousers;

3. Shoulder strap, badge and sign

a) Shoulder strap

Hard shoulder strap with the same color as the trousers, yellow felt bar, 2 edges along the shoulder strap have red trim; the small head of the shoulder strap has silvery white metal button (with a pentagram and 02 crossed ears of rice embracing the pentagram). The size of the shoulder strap and bar is regulated as follows:

- The size of shoulder strap: Length = 125mm; width: the big head = 50mm, the pointed head = 40mm;

- The bar: yellow felt; the width = 7mm, the bars are 2.5mm apart. Shoulder strap of the security guard has 01 bar, the commander at team level has 02 bars, the commander at division level has 03 bars, Vice President of the Management Board and Deputy Director have 04 bars, President of the Management Board and Director have 05 bars.

b) Badge

- Cap badge: 36mm metal round badge with a yellow pentagram in the middle of the red background, adjoining the red background is the deep blue background, the pentagram is surrounded by 2 laurel branches. Below the pentagram is a half rim with the word “SECURITY”;

- Lapel badge (used for executives of the enterprise): Parallelogram, 5.5cm x 3.5cm in size; fabric material with the same color as the trousers specified in this Article.

c) Nameplate of the security guard: 8.5cm x 5.5cm in size with light blue background. The top line is the name of the enterprise (capital letter with red color), below is the full name of the security guard (capital letter with black color) and the photo of the nameplate holder; the last line is the nameplate number.

4. Security guards working in the areas where occupational safety and hygiene are required may use additional labor protection equipment and tools in accordance with the law on occupational safety and hygiene.

5. The forms for trousers, shirts, shoes, hats, shoulder loops, lapel badges, cap badges and nameplates for security guards are issued together with this Circular.

Article 10. Responsibilities of the Police General Department

1. Assist the Minister of Public Security in implementing state management on security requirements applied to business sectors specified in Decree No. 96/2016/ND-CP ; direct, guide, urge and inspect the police units and local authorities on the implementation of legislative documents on management of business sectors subject to security requirements.

2. Provide guidelines on the filling, use and management of templates issued together with Decree No. 96/2016/ND-CP and the templates issued in this Circular.

3. Direct the Police Department on administrative management of social order in implementing management tasks related to the management of business sectors subject to security requirements, specifically as follows:

a) Propose competent authorities to elaborate, promulgate, amend and supplement legislative documents on management of business sectors subject to security requirements;

b) Organize the propagation and dissemination of laws related business sectors subject to security requirements to business establishments;

c) Issue written approvals for business establishments that are not affiliated to the army and the police to trade in military equipment and military goods for the use of the armed forces, military weapons, specialized military equipment and vehicles for the use of the army and police; special military components, accessories, materials and equipment and military engineering as specified in Clause 3 Article 13 of Decree No. 96/2016/ND-CP within their management if the business establishments satisfy the conditions as specified;

d) Manage business establishments; comprehend the situations in constant manner and collect documents related to the assurance of national security and order at business establishments; handle violations within their competence;

dd) Issue a written notice to business establishments which fail to satisfy the conditions prescribed by law soft and has to suspend their business activities in accordance with Clause 2 Article 200 of the Law on Enterprise 2014;

e) Send written notifications of issuance of the security certificate to business establishments and send them to the Police Division on administrative management of social order where the business establishments operate for coordination of management;

g) Carry out post-issuance inspections at business establishments with their management; inspect as prescribed; settle complaints and denunciation; prevent, detect, fight and handle security-related violations within their competence;

h) Provide guidance and training in assurance of security for business establishments within their management;

i) Cooperate with functional units affiliated to the Ministry of Public Security in studying the application of information technology in management of business sectors subject to security requirements;

k) Conduct preliminary and final reviews of legislative documents on management of business sectors subject to security requirements; implement regulations on communication and reporting as prescribed;

l) Conduct other tasks related to the management of business sectors subject to security requirements, specifically in accordance with the direction of the heads of the Ministry of Public Security and the heads of the Police General Department.

Article 11. Responsibilities of the local police authorities

1. Advise the People's Committees of the same level to direct the functional units to coordinate with the police authorities in managing the business sectors subject to security requirements.

2. Direct operation units to improve the effectiveness of management in order to detect and handle according to the provisions of law the business establishments have not yet registered or have not been licensed by competent regulatory bodies as prescribed.

3. Issue written approvals for business establishments that are not affiliated to the army and the police to produce, sell and purchase military clothes and hats, army badges and insignia of People’s Military Forces and People’s Public Security Forces; trade in radar speed guns to inspect speed of motor vehicles; breathalyzers; GSM phone trackers and other phone trackers if the business establishments satisfy the security requirements as prescribed by the Police Division on administrative management of social order.

4. Police Division on administrative management of social order and police authorities of districts shall:

a) Conduct tasks specified in Point b, d, dd, g, h and k Clause 3 Article 10 of this Circular in accordance with the assigned functions and tasks related to the management of business sectors subject to security requirements;

b) Send written notifications of issuance of the security certificate to police authorities where the business establishments operate for coordination of management as follows: the Police Division on administrative management of social order send them to the police authorities of districts , which will send them to police authorities of communes.

5. Police authorities of communes shall:

a) Receive the notices of business establishments as specified in Decree No. 96/2016/ND-CP , including: written notice on operation of business establishments; written notices on protection objectives of security service providers; written notice of betting service providers; written notice on the guests of accommodation service providers;

b) Advise the People's Committees of the same level on the résumé of the chief security officer of the business establishments which have registered permanent residence in the areas under their management;

c) Settle security-related violations committed by business establishments within their competence.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 12. effect

This Circular takes effect from December 06, 2017 and replaces the Minister of Public Security’s Circular No. 45/2009/TT-BCA (C11) dated July 14, 2009 guiding the implementation of some Articles of Decree No. 52/2008/ND-CP on management of security service business and the Minister of Public Security’s Circular No. 33/2010/TT-BCA dated October 05, 2010 specifying security requirements for a number of conditional business sectors.

Article 13. Responsibility for implementation

1. Director General of Police General Department shall provide instructions and supervise the implementation of this Circular.

2. Director Generals, heads of affiliated entities of the Ministry of Public Security, Directors of police of fire prevention and fighting of provinces and centrally-run cities and other relevant bodies, organizations and individuals are liable to execute this Circular.

Any problem arising during the implementation should be promptly reported to the Ministry of Public Security (through the Police General Department) for timely guidelines./.

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