Circular No. 02/2001/TT-BCA stipulates conditions for security and public order for certain business sectors and trades with conditions, applicable to Vietnamese organizations and individuals as well as foreign ones. It provides detailed regulations on procedures for issuing certificates confirming compliance with conditions for security and public order and commitments to implement such conditions.
Đối tượng áp dụng
Vietnamese organizations and individuals; foreign organizations and individuals; overseas Vietnamese belonging to various economic sectors such as state-owned enterprises, private enterprises, joint-stock companies, and foreign-invested enterprises.
Các điểm cốt lõi
- Businesses must declare their criminal records and cannot be minors, persons with limited or no civil capacity, those under investigation, trial, prohibited from holding positions, prohibited from residing, or serving a prison sentence.
- Business premises must ensure fire safety, environmental hygiene, and not be located in restricted areas as prescribed.
- When submitting applications for certificates confirming compliance with conditions for security and public order, businesses need to prepare specific documents such as the Business Registration Certificate and criminal record declarations.
- The competent police authority must process the issuance of certificates within ten days from the date of receiving valid applications.
- Organizations and individuals engaged in business sectors and trades with conditions, after being issued certificates or making commitments, must notify the police authority at least three days before commencing operations and comply with regulations on security and public order.
🌐 Tác động xã hội từ văn bản này
- Positive impact: Reducing the risk of violations of laws on security and public order in business sectors and trades with conditions.
- Negative impact: Increasing costs for businesses and individuals due to the need to prepare complete documentation and comply with regulations.
❓ Câu hỏi thường gặp
What types of documents does a business need to prepare to apply for a certificate?
The business needs to prepare: Application form, copies of the Business Registration Certificate, Criminal Record Declaration, List of employees, Layout plan of production and business areas.
What is the processing time for applications for certificates?
The competent police authority must process the issuance of certificates within ten days from the date of receiving valid applications.
How should the head of a business declare their criminal record?
They must declare fully, accurately, without concealment or misrepresentation, and have it certified by the People's Committee of the ward or the direct management agency.
What regulations must a business comply with after obtaining a certificate?
They must notify the Police Station at least three days before commencing operations; report monthly; not harbor assets obtained through criminal activities by others; cooperate with the police authorities.
What specific regulations must a business comply with regarding security and public order?
They must notify the Police Station at least three days before commencing operations; report monthly; not harbor assets obtained through criminal activities by others; cooperate with the police authorities.
Toàn văn
CIRCULAR
Circular No. 02/2001/TT-BCA dated May 4, 2001 of the Ministry of Public Security guiding the implementation
Decree No. 08/2001/NĐ-CP of the Government on conditions for security and public order for certain business sectors and occupations
Implementing Decree No. 08/2001/NĐ-CP dated February 22, 2001 of the Government on conditions for security and public order for certain business sectors and occupations, the Ministry of Public Security guides the implementation as follows:
__________________________________
I. SCOPE OF APPLICATION AND REGULATED SUBJECTS:
Conditions for security and public order for certain business sectors and occupations prescribed in Decree No. 08/2001/NĐ-CP of the Government shall apply to organizations and individuals in Vietnam; foreign organizations and individuals, overseas Vietnamese belonging to various economic sectors:
Article 1. Scope of Application:
State-owned enterprises, private enterprises, joint-stock companies, limited liability companies, foreign-invested enterprises, member units, branches of enterprises, agents, cooperatives, cooperative groups, individual households, state agencies, political and social organizations, armed forces (hereinafter referred to collectively as establishments) operating in the Socialist Republic of Vietnam.
2. The group of business sectors and occupations required to obtain a certificate confirming compliance with security and public order conditions as stipulated in Clause 1, Article 2 of Decree No. 08/2001/NĐ-CP of the Government includes:
2.1. The engraving stamp occupation including activities producing stamps for state agencies, political organizations, political-social organizations, occupational associations, people's organizations, economic units, armed forces, foreign organizations operating in Vietnam, state positions; title stamps, signature stamps, date stamps, receipt stamps, and other types of stamps.
These stamps may be produced from metal, plastic, wood, or other materials using manual, industrial, or other methods.
2.2. The production, trading, repair, and rental of hunting guns, and the production and trading of hunting ammunition (including air guns and air gun ammunition).
2.3. The production, trading of support tools, including activities producing, trading, repairing, exporting, importing, and assembling support tools as prescribed in Decree No. 47/CP dated August 12, 1996 of the Government and Circular No. 05/TT-BNV dated September 28, 1996 of the Ministry of Home Affairs (now the Ministry of Public Security) on the management of weapons, explosives, and support tools.
2.4. The production, trading of industrial explosives including activities producing, recycling, buying and selling, supplying, exporting, and importing industrial explosives and explosive accessories.
2.5. Business sectors and occupations using industrial explosives include those that use industrial explosives and explosive accessories during production and trading processes (excluding military and police units using explosives for combat, crime prevention, and state research centers and scientific institutions using them for research purposes).
2.6. Gas and flammable liquid trading business including activities trading gas, gasoline, diesel, and other flammable gases and liquids.
2.7. Trading high-rise buildings of 11 floors or more (including ground floor) used as hotels, residences, and office spaces.
III. GROUP OF BUSINESS SECTORS AND OCCUPATIONS REQUIRED TO COMMIT TO COMPLY WITH SECURITY AND PUBLIC ORDER CONDITIONS AS STIPULATED IN CLAUSE 2, ARTICLE 2 OF DECREE NO. 08/2001/NĐ-CP.
1. Accommodation business including hotel, villa, guesthouse, boarding house, and residential building leasing operations for Vietnamese tenants; foreign tenants, overseas Vietnamese tenants for long-term or short-term stays or offices.
3.3.2. Printing activities including offset printing, thermal printing, laser printing, intaglio printing (copperplate), plate making, color separation, flexographic printing, silk screen printing, inkjet printing, photocopying, binding printed products for profit-making purposes.
3.3. Pawnshop services including money lending and asset lending businesses where the borrower must provide collateral.
3.4. Karaoke business including singing activities following audiovisual tapes or discs.
3.5. Discotheque business including dancing activities.
3.6. Massage business including physical therapy activities aimed at restoring functions and health (excluding facilities within hospitals for patient rehabilitation not for commercial purposes; beauty clubs, fitness centers).
II. CONDITIONS FOR SECURITY AND PUBLIC ORDER
1. Conditions for business subjects:
For the head of the establishment engaged in business sectors and occupations subject to security and public order conditions (General Director or legal representative for state-owned enterprises, enterprises of political and social organizations, General Director or General Manager of foreign-invested enterprises, limited liability companies, joint-stock companies, General Director of private enterprises, General Director of member units, Branch Manager of enterprises, Agent Manager, Cooperative Manager, Cooperative Group Manager, and Individual Household Manager) in their declaration of personal history, they must declare fully, accurately, without concealment or misrepresentation, and have it certified by the People's Committee of the ward or the direct supervisory agency, and must not fall under any of the following circumstances:
1.1. Minors, persons with restricted or lost civil capacity.
1.2. Persons who are criminally indicted and currently being investigated, prosecuted, or tried by judicial authorities.
1.3. Persons prohibited by courts from holding positions, practicing professions related to business sectors and occupations subject to security and public order conditions; prohibited from residing, currently serving a prison sentence, undergoing non-custodial reform, under administrative supervision, or currently undergoing another administrative handling measure: community education, placement in educational or medical facilities, or administrative supervision.
1.3. A person who is prohibited by a court from holding a position, practicing a profession related to conditional business sectors concerning national security and public order; prohibited from residing, who is serving a term of imprisonment, serving a non-custodial corrective education measure, under house arrest, or serving another administrative handling measure: community-based educational rehabilitation at commune, ward, or town level; placement in an educational facility, medical facility, or under administrative house arrest.
1.4. A person with a criminal record who has not yet had their criminal record expunged for offenses against national security, particularly serious offenses carrying a sentence of fifteen years' imprisonment or more as stipulated in Article 8 of the Penal Code - 1999, or other directly related offenses concerning the industry or profession they are applying to engage in, such as harboring or brokering prostitution; trafficking, transporting, storing, or using weapons or explosives illegally; counterfeiting seals or documents of agencies or organizations; defrauding customers, usurious lending, harboring or disposing of property obtained from criminal activities.
2. Business premises conditions.
2.1. Must ensure fire prevention and firefighting safety, explosion prevention, poisoning prevention, and environmental hygiene conditions; ensure public order conditions such as no disputes, complaints, not located in areas subject to clearance, encroached land...
2.2. In addition to the conditions specified in Point 2.1 above, production and business establishments dealing with support tools; industrial explosive materials production and business; businesses using industrial explosive materials, fireworks processing must not be located in prohibited areas as prescribed in Decision No. 128/TTg dated December 1, 1992 of the Prime Minister or within defense works and military zones of type 1 or type 2 as defined in the Regulation issued together with Decree No. 04/CP dated January 16, 1995 of the Government.
III. PROCEDURES FOR ISSUING THE CERTIFICATE OF SATISFACTORY CONDITIONS REGARDING SECURITY AND ORDER OR COMMITMENT TO MEET THE REQUIREMENTS OF SECURITY AND ORDER
1. For industries and professions prescribed in Clause 1 of Article 2, the application dossier for issuing the "Certificate of Satisfactory Conditions Regarding Security and Order" includes:
1.1. Application form for issuance of the "Certificate of Satisfactory Conditions Regarding Security and Order" to conduct conditional business (Form DD1).
1.2. Certified copy (with notarization, certification, or confirmation by a state agency as prescribed) of the "Business Registration Certificate," or "Registration Certificate for Activities," or "Investment License" of the establishment.
1.3. Personal history statement confirmed by the People's Committee of the commune, ward, town, or directly managing authority of the head or legal representative of the establishment (Form DD2). In case of foreigners or overseas Vietnamese, a personnel declaration form (Form DD2B), certified copy of passport, entry and exit forms (the original must be presented for verification when submitting a copy).
1.4. List of employees working at the establishment or department engaged in conditional business (Form DD3).
1.5. Layout diagram of the production and business area of the establishment (diagram of rest rooms, production areas, raw material storage areas, and related areas).
1.6. "Certificate of Satisfactory Fire Prevention and Fighting Conditions" (Form DD6) for gas, flammable liquid, and high-rise buildings over eleven floors used as hotels, residences, or office spaces.
Inspection report confirming fire prevention and fighting conditions for other industries and professions listed in Clause 1 of Article 2 of Decree No. 08/2001/NĐ-CP.
Within ten days from receiving a complete application, the competent police authority must issue the "Certificate of Satisfactory Conditions Regarding Security and Order" (Form DD5) to the applicant organization or individual. If the conditions regarding security and order are not met, the police authority must notify the applicant organization or individual and the business registration authority in writing, specifying the reasons.
2. For industries and professions listed in Clause 2 of Article 2, when submitting the "Commitment to Implement Regulations on Conditions Regarding Security and Order to Conduct Conditional Business" (Form DD4), the following documents must be attached:
2.1. Certified copy (with notarization, certification, or confirmation by a state agency as prescribed) of the "Business Registration Certificate," or "Registration Certificate for Activities," or "Investment License" of the establishment (except for low-income households exempted from business registration under Clause 2 of Article 17 of Decree No. 02/2000/NĐ-CP dated February 3, 2000 of the Government on business registration).
2.2. Personal history statement of the head or legal representative of the establishment (Form DD2) or personnel declaration form (Form DD2B).
2.3. List of employees working at the establishment or department engaged in conditional business.
2.4. Inspection report confirming fire prevention and fighting conditions by the competent fire prevention and fighting police authority.
2.5. Layout diagram of the production and business area of the establishment (diagram of rest rooms, production areas, raw material storage areas, and related areas with entrances and escape routes...).
Upon receipt of a complete application, the police authority must sign the commitment for the applicant organization or individual.
3. Organizations and individuals issued the "Certificate of Satisfactory Conditions Regarding Security and Order" must pay the fee as prescribed by the Ministry of Finance.
4. Organizations and individuals already issued the "Certificate of Satisfactory Conditions Regarding Security and Order" under Decree No. 17/CP dated December 23, 1992 of the Government, if they meet the conditions prescribed in Decree No. 08/2001/NĐ-CP, may continue their business operations. The "Certificate of Satisfactory Conditions Regarding Security and Order" for industries and professions listed in Clause 1 of Article 2 of Decree No. 08/2001/NĐ-CP shall remain valid without the need for replacement; for industries and professions listed in Clause 2 of Article 2 of Decree No. 08/2001/NĐ-CP, previously issued certificates can be replaced with commitments without additional documentation.
If the conditions set out in Decree No. 08/2001/NĐ-CP and this Circular are not met, supplementary measures must be taken as prescribed.
IV. RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS ENGAGED IN CONDITIONAL BUSINESS:
Organizations and individuals engaged in conditional business, after being issued the "Certificate of Satisfactory Conditions Regarding Security and Order" or having submitted the "Commitment to Implement Regulations and Conditions Regarding Security and Order to Conduct Conditional Business," must comply with the following regulations:
1. Must notify the police station of the commune, ward, or town where the production and business establishment is located in writing at least three days before commencing operations.
2. Monthly, must report on compliance with security and public order conditions of the establishment (Form DD12) to the police agency that issued the "Certificate of Compliance with Security and Public Order Conditions" or the police agency where the commitment letter was submitted. In case of urgent incidents involving serious issues or concerns related to security and public order, immediately notify the nearest police agency for resolution, and simultaneously inform the police agency that issued the "Certificate of Compliance with Security and Public Order Conditions" or where the commitment letter was submitted.
3. Shall not harbor or consume property obtained from criminal activities by others, or engage in other acts violating the law.
4. Shall cooperate and facilitate the police agencies in performing their duties, guiding, and inspecting matters related to security and public order.
5. Shall comply with guidance and inspections regarding security and public order conducted by authorized police agencies.
6. When there is a change in location, scale, or head of the business establishment, within ten days, must notify in writing the police agency that issued the "Certificate of Compliance with Security and Public Order Conditions" or where the commitment letter was submitted.
7. Must have plans for maintaining security and public order, firefighting, rescuing people and property when incidents occur.
8. In addition to the general provisions set forth in Points 1, 2, 3, 4, 5, 6, and 7 of this section, specific industries and professions must also implement the following regulations on security and public order:
8.1. Engraving profession:
Must maintain a stamp management ledger (Form DD8) and fill in all prescribed columns.
- The engraving of round stamps, rectangular stamps for state agencies, political organizations, social-political organizations, social-professional organizations, mass organizations, economic organizations, armed units, state positions, foreign organizations operating in Vietnam can only be carried out with a Stamp Engraving Permit issued by the Provincial Public Order Administrative Management Police Department or the National Public Order Administrative Management Police Bureau under the Ministry of Public Security.
- The engraving of title stamps, date stamps, signature stamps, and other types of stamps must be accompanied by an Introduction Letter and Identity Card (if it is an organization) or the Identity Card of the person making contact (if it is an individual).
Only allowed to engrave seals at production facilities that have been registered.
After completing the seal, must return it to the police agency that issued the Stamp Engraving Permit (except for title stamps, date stamps, and signature stamps).
Must have a secure storage place for finished stamps, and shall not lose or damage them.
8.2. Profession of manufacturing, trading, repairing, leasing hunting rifles; manufacturing, trading hunting ammunition; manufacturing, trading auxiliary tools.
- Maintain a ledger for managing, trading hunting rifles, hunting ammunition, leasing hunting rifles, auxiliary tools, industrial explosives (Form DD9) and must fill in all prescribed columns in the ledger.
- Shall not use parts of military or sports firearms to repair hunting rifles.
- Shall not use military or sports explosives, ammunition, and gunpowder to manufacture hunting ammunition.
- Shall only sell hunting rifles, hunting ammunition, auxiliary tools to individuals holding a Hunting Rifle Purchase Permit, Hunting Ammunition Purchase Permit issued by the provincial public security agency or the National Public Order Administrative Management Police Bureau under the Ministry of Public Security.
- Shall only repair hunting rifles for individuals holding an Introduction Letter from the public security agency that issued the firearm usage permit.
- Shall only lease hunting rifles to individuals holding a hunting rifle usage permit and those hunting rifles that have been issued a usage permit.
- Must have a safe storage place for hunting rifles, hunting ammunition, auxiliary tools, and shall not lose or misuse them.
8.3. Profession of manufacturing, trading industrial explosives and other professions using industrial explosives:
- Maintain a ledger (Form DD9) and fill in all prescribed columns.
- Must have internal rules on fire prevention and firefighting, prohibition signs, warning signs, directional signs, and diagrams for fire prevention and firefighting.
- During manufacturing, trading, storing, transporting, and using industrial explosives, must strictly follow technical operation procedures.
- Shall not store flammable and explosive materials together with ignition sources or in the same warehouse (in accordance with Vietnamese standards).
- Shall only sell industrial explosives to units that have been granted an Industrial Explosives Usage Permit.
- Shall not lose or misappropriate industrial explosives.
- Shall not purchase industrial explosives from organizations or individuals without permission to produce or trade in industrial explosives.
8.4. Trading gas and flammable liquids:
- Flammable liquids and gases must be stored in specialized containers.
- Must have safety regulations for fire prevention and firefighting, prohibition signs, warning signs, directional signs, and diagrams for fire prevention and firefighting.
- During trading, must strictly follow technical operation procedures. Shall not store flammable materials near or mixed with gas and flammable liquid storage areas.
8.5. Profession of renting accommodation:
- Maintain a temporary resident registration ledger (Form DD7) and must fill in all prescribed columns in the ledger.
- Must post internal security rules of the establishment in visible locations and provide guest guidelines.
- Must have staff on duty to receive and guide guests.
- Must record guests in the ledger before they enter their rooms and report temporary residence to the local police station, commune, town police office before 23:00 on the same day; if guests arrive after 23:00, must record them and report the next day (including hourly guests).
- If guests bring weapons, hunting rifles, or auxiliary tools, must request them to present usage permits and store these items safely.
- Guests must have an Identity Card or other identification document with a photograph, embossed stamp, or counterfoil stamp (for Vietnamese citizens); Passport or Travel Document (for foreigners and overseas Vietnamese).
- Must arrange separate male and female sleeping rooms (except for families or couples).
- Strictly prohibited from using the establishment to engage in drug use, trafficking, gambling, prostitution, harboring criminals, or other illegal activities.
8.6. Printing activities.
- Maintain a printing activity management ledger (Form DD10) (excluding black-and-white photocopying).
- Shall only accept printing and reproduction of printed materials when all required procedures under the law are completed.
8.7. Pawnbroking services:
- Must have a pawnbroking service management book (model DD11) and fill in all columns in the book completely.
- Shall not harbor or consume property obtained through criminal activities or other violations of the law.
- Must have a pawn agreement in accordance with regulations.
- For assets with ownership certificates or registrations such as cars, motorcycles..., must present ownership certificates or registrations and record them fully in the book.
- Must have a secure place to store pledged assets.
- In addition, must comply with the guidelines set out in Circular No. 13/1999/TT-BTM dated May 19, 1999 of the Ministry of Trade on guiding pawnbroking business operations.
8.8. Karaoke business.
- Must have room size, lighting, volume that does not affect general tranquility in accordance with the provisions of Decree No. 87/CP dated December 12, 1995 on strengthening management of cultural activities and cultural services to vigorously eliminate serious social evils.
- Room doors must have outside glass that can be observed from the outside.
- Use songs that are not banned by competent state management agencies.
- Shall not exploit premises for organizing, brokering, leading prostitution, drug trafficking, gambling, and other illegal activities.
8.9. Nightclub business.
- Must have room size, lighting, volume in accordance with regulations and shall not affect general tranquility in accordance with the provisions of Decree No. 87/CP dated December 12, 1995 on strengthening management of cultural activities and cultural services to vigorously eliminate serious social evils.
- Only allowed to operate during the time specified in the permit issued by the cultural information agency.
- Use music tapes, discs, video tapes that are not banned by competent state management agencies.
- If there are singers or actors performing, they must comply with the law.
- Shall not exploit premises for organizing, brokering, leading prostitution, drug trafficking, gambling, and other illegal activities.
8.10. Massage business.
- Have a guide for customers to use steam rooms.
- Have a steam room that meets technical requirements.
- Massage rooms must meet the correct dimensions and standards (area of 4 square meters, height of 2.5 meters).
- Separate male and female massage rooms numbered sequentially.
- Massage rooms must be well-ventilated, adequately lit, and hygienic.
- The upper part of the entrance door must have clear glass, with a 30 cm gap at the bottom.
- Massage beds must meet the correct dimensions, width of 0.8 meters x height of 0.8 meters, length of 2 meters.
- Must have first aid equipment and medicines available in each room.
- Massage staff must wear modest attire with name badges displaying their names and photos measuring 4x6 inches.
- Must have medical personnel present during the operation hours of steam room and massage services.
- In addition, must comply with the guidelines set out in Circular No. 19/BYT-TT dated December 21, 1995 of the Ministry of Health on managing massage services.
V. MANAGEMENT OF SECURITY AND ORDER FOR BUSINESS SECTORS WITH SPECIAL CONDITIONS:
A. CONTENT OF MANAGEMENT
Management of security and order for business sectors with special conditions as stipulated in Decree No. 08/2001/NĐ-CP includes receiving applications, commitments; issuing "Certificate of Compliance with Security and Order Conditions"; promulgating regulatory legal documents, guidance, inspection, and handling of violations according to regulations for the activities of business sectors with special conditions regarding security and order.
B. ASSIGNMENT AND LEVELS OF MANAGEMENT:
1. General Police Department (Administrative Management Police Bureau).
1.1. Is the agency assisting the Minister of Public Security in directing, inspecting, and guiding the implementation of state administrative management functions regarding security and order; issuing a unified system of forms serving the management of security and order for business sectors with special conditions nationwide.
1.2. Cooperates with relevant ministries and sectors in directing the implementation of Decree No. 08/2001/NĐ-CP.
1.3. Directs, guides, inspects, handles violations, and resolves complaints and reports from organizations and individuals regarding the management of business sectors with special conditions concerning security and order.
1.4. Organizes mid-term and final reviews of the implementation of Decree No. 08/2001/NĐ-CP nationwide; advises the Minister of Public Security to propose the Government to decide on adjusting business sectors with special conditions regarding security and order in line with the situation and requirements of state administrative management of security and order in each period.
1.5. Develops programs and plans for international cooperation in the field of managing business sectors with special conditions.
1.6. Receives applications and issues "Certificate of Compliance with Security and Order Conditions" and manages security and order for:
- Enterprises producing, trading, exporting, importing industrial explosives; auxiliary tools; processing fireworks (approved by the Government).
- Foreign-invested enterprises licensed by the Ministry of Planning and Investment, cases established or permitted by the Government to engage in business sectors with special conditions as stipulated in Clause 1, Article 2 of Decree No. 08/2001/NĐ-CP.
- Organizes training in security and order protection for security forces of establishments engaged in business sectors with special conditions managed by the General Police Department.
2. Provincial and municipal police departments directly under the central government.
2.1. Administrative Management Police Bureau.
- Responsible for organizing and directing the implementation of Decree No. 08/2001/NĐ-CP, this Circular, and inspecting and handling violations within their jurisdiction.
- Receives applications, inspects, verifies, reports, and proposes cases within the jurisdiction of the Administrative Management Police Bureau to resolve.
- Resolves complaints and reports from organizations and individuals regarding the management of business sectors with special conditions according to regulations.
- Receives applications and issues "Certificate of Compliance with Security and Order Conditions" and manages security and order for:
+ Establishments engaged in engraving seals.
+ Establishments producing, trading, repairing, leasing hunting guns; producing, trading hunting gun ammunition.
+ Establishments producing, trading using industrial explosives.
+ Enterprises trading gas, gasoline, and other flammable gases and liquids.
- Accepting applications for commitments and managing security and public order for domestic enterprises, foreign-invested enterprises operating hotels, renting apartments, office spaces, printing enterprises; printing facilities dependent on enterprises or internal printing of state agencies, armed forces units, political mass organizations, social organizations, mass organizations, non-governmental organizations, religious organizations with profit-making purposes; houses of organizations or individuals rented to foreigners or overseas Vietnamese residents for living or office use; discotheques as defined in Clause 2, Article 2 of Decree No. 08/2001/NĐ-CP.
- Managing security and public order for business establishments with conditional operations authorized by the Administrative Police Department under the Public Order Management Bureau.
- Summarizing the situation, data, and results of security and public order management for conditional business operations in the locality and reporting to the National Police Bureau (through the Administrative Police Department for Social Order) as prescribed.
- Organizing guidance and training in security and public order protection for guards at establishments engaged in conditional business operations managed by localities.
2.2. District, county, town, city police under provincial administration.
- Directing the implementation of security and public order management for conditional business operations; inspecting and handling violations within the authority of district-level police.
- Inspecting, verifying, reporting, and proposing cases requested by higher-level police concerning organizations and individuals engaged in conditional business operations.
- Resolving complaints and denunciations from organizations and individuals regarding the management of conditional business operations according to regulations.
- Accepting applications and issuing "Certificates of Compliance with Security and Public Order Conditions" and managing security and public order for branch offices, agents, stores, individual households operating gas, gasoline, liquefied petroleum gas, and other flammable liquids businesses..
- Accepting applications for commitments and managing security and public order for collective and individual establishments printing silk screens (silk screen printing), laser printing (color and monochrome), photocopying (color and monochrome), color inkjet printing, product trimming establishments; pawnshops; massage and karaoke establishments; cooperatives and production groups providing accommodation rental services (excluding establishments under provincial and commune-level police management).
- Summarizing the situation, data, and results of security and public order management and reporting to higher-level police as prescribed.
2.3. Police stations of wards, communes, towns.
- Implementing security and public order management for conditional business operations; inspecting and handling violations within the authority of ward, commune, and town police.
- Inspecting, verifying, reporting, and proposing cases requested by higher-level police concerning organizations and individuals engaged in conditional business operations.
- Resolving complaints and denunciations from organizations and individuals regarding the management of conditional business operations.
- Accepting temporary residence declarations from accommodation rental establishments within the ward, commune, or town (including foreigners and overseas Vietnamese residents).
- Accepting applications for commitments and managing security and public order for individual households renting guesthouses and lodgings.
- Summarizing the situation, data, and results of security and public order management and reporting to higher-level police as prescribed.
2.4. For conditional business operations delegated at points 2.2, 2.3, Section B, Part V of this Circular such as family-run photocopying services, guesthouses, and low-cost lodgings without a Business Registration Certificate must still fulfill commitment procedures with the police agency.
C. INSPECTION AND VIOLATION HANDLING
1. The content of inspections to ensure compliance with security and public order regulations by police agencies shall be carried out in accordance with Decree No. 08/2001/NĐ-CP and this Circular for specific types of business operations. Inspections must be conducted in accordance with prescribed procedures.
Police agencies at all levels must regularly monitor the security and public order conditions of establishments engaged in conditional business operations to guide these establishments to comply with regulations as stipulated in Decree No. 08/2001/NĐ-CP and the guidelines provided in this Circular.
2. When conducting inspections, inspectors must wear police uniforms as prescribed (except for Ward Chiefs and Deputy Ward Chiefs who must present their Ward Chief Certificates when inspecting within their own wards). After inspection, they must prepare Inspection Record Form DD15, clearly recording the inspection results, signed by the head of the establishment and the violator (if any), and provide one copy each to the establishment and the violator (if any).
3. Handling of violations:
All violations of regulations set forth in Decree No. 08/2001/NĐ-CP, this Circular, and related legal documents will be handled according to the law. Depending on the nature and severity of the violation, administrative penalties or criminal prosecution may be imposed.
If serious violations of security and public order conditions are discovered during inspections, inspectors have the right to immediately halt the violation and recommend appropriate measures for handling.
The revocation of "Certificates of Compliance with Security and Public Order Conditions" for establishments with serious violations must be decided by the police agency that issued the certificate or a higher-level police agency.
VI. IMPLEMENTATION
1. The National Police Bureau is responsible for directing, guiding, inspecting, and urging the implementation of Decree No. 08/2001/NĐ-CP and this Circular.
Heads of Departments, Directors of Bureaus directly under the Minister, Provincial Public Security Directors, and Municipal Public Security Directors under central administration must cooperate with the National Police Bureau to implement this Circular within their respective functions and responsibilities.
2. It is proposed that heads of Ministries, agencies equivalent to Ministries, and government-affiliated agencies, People's Committees of provinces, and centrally-administered cities cooperate with the Ministry of Public Security in managing and inspecting the activities of organizations and individuals engaged in conditional business operations regarding security and public order within their jurisdiction.
3. This Circular takes effect from the date of issuance and replaces Circular No. 03/TT-BNV dated March 27, 1993, of the Ministry of Home Affairs guiding the implementation of Decree No. 17/CP dated December 23, 1992, of the Government on the management of special trades.
During implementation, if there are any difficulties, please report to the Ministry of Public Security (through the National Police Bureau) for timely research, guidance, and direction.
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