Circular No. 03/2024/TT-BCA amending and supplementing certain Articles of Circular No. 42/2017/TT-BCA dated October 20, 2017 of the Minister of Public Security detailing certain provisions of Decree No. 96/2016/NĐ-CP dated July 1, 2016 on conditions for national security and public order for certain business sectors and occupations with conditional requirements, Circular No. 43/2017/TT-BCA dated October 20, 2017 of the Minister of Public Security on procedures for issuing, revoking Certificates of Compliance with National Security and Public Order Conditions and conducting professional security examinations and issuing Security Professional Certificates, and Circular No. 45/2017/TT-BCA dated October 20, 2017 of the Minister of Public Security on procedures for registering stamp designs, revoking and destroying stamps, invalidating stamp usage value, and inspecting stamp management and use.

CIRCULAR

Amending and supplementing some articles of Circular No. 42/2017/TT-BCA dated October 20, 2017 of the Minister of Public Security detailing certain provisions of Decree No. 96/2016/NĐ-CP dated July 1, 2016 on conditions for security and public order for certain business sectors and occupations subject to conditions,-Circular No. 42/2017/TT-BCA dated October 20, 2017 of the Minister of Public Security detailing certain provisions of Decree No. 96/2016/NĐ-CP dated July 1, 2016 on conditions for security and public order for certain business sectors and occupations subject to conditions,-Circular No. 43/2017/TT-BCA dated October 20, 2017 of the Minister of Public Security stipulating procedures for issuing, revoking Certificates of Compliance with Security and Public Order Conditions and conducting examinations, issuing Professional Security Guard Certificates, Circular No. 45/2017/TT-BCA dated October 20, 2017 of the Minister of Public Security stipulating procedures for registering stamp models, revoking and destroying stamps, invalidating the use of stamps, inspecting the management and use of stamps,-Circular No. 45/2017/TT-BCA dated October 20, 2017 of the Minister of Public Security stipulating procedures for registering stamp models, revoking and destroying stamps, invalidating the use of stamps, inspecting the management and use of stamps,invalidating the use of stamps, inspecting the management and use of stamps,

Pursuant to Decree No. 96/2016/NĐ-CP dated July 1, 2016 of the Government stipulating conditions for security and public order for certain business sectors and occupations subject to conditions;

Pursuant to Decree No. 99/2016/NĐ-CP dated July 1, 2016 of the Government on the management and use of stamps;

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Pursuant to Decree No. 56/2023/NĐ-CP dated July 24, 2023 of the Government "7. A flexible power plant is a thermal power plant using reciprocating internal combustion engines (RICE) or aeroderivative gas turbines (Aero-GT) with fast start-up capabilities, designed in modular form to generate electricity for balancing capacity and maintaining power system stability."Amending, supplementing some articles of of Decree No. 96/2016/NĐ-CP dated July 1, 2016 stipulating conditions for security and public order for certain business sectors and occupations subject to conditions, Decree No. 99/2016/NĐ-CP dated July 1, 2016 on the management and use of stamps, Decree No. 137/2020/NĐ-CP dated November 27, 2020 stipulating the management and use of fireworks;

1. Amending and supplementing Clause 2 and Clause 3 of Article 3 as follows:

The Minister of Public Security promulgates this Circular amending and supplementing some articles of Circular No. 42/2017/TT-BCA dated October 20, 2017 of the Minister of Public Security detailing certain provisions of Decree No. 96/2016/NĐ-CP dated July 1, 2016 stipulating conditions for security and public order for certain business sectors and occupations subject to conditions, Circular No. 43/2017/TT-BCA dated October 20, 2017 of the Minister of Public Security stipulating procedures for issuing, revoking Certificates of Compliance with Security and Public Order Conditions and conducting examinations, issuing Professional Security Guard Certificates, Circular No. 45/2017/TT-BCA dated October 20, 2017 of the Minister of Public Security stipulating procedures for registering stamp models, revoking and destroying stamps, invalidating the use of stamps, inspecting the management and use of stamps.

Article 1. Amending and supplementing some articles of Circular No. 42/2017/TT-BCA dated October 20, 2017 of the Minister of Public Security detailing certain provisions of Decree No. 96/2016/NĐ-CP dated July 1, 2016 stipulating conditions for security and public order for certain business sectors and occupations subject to conditions

1. Market management agencies at all levels include: the Department of Domestic Market Management and Development under the Ministry of Industry and Trade; the Market Management Business Unit under the Department of Domestic Market Management and Development; the Market Management Sub-department under the Department of Industry and Trade of provinces and centrally-administered cities; and the Market Management Team under the Market Management Sub-department.

"Article 2. Forms serving the management of business sectors and occupations subject to conditions for security and public order

This Circular provides forms serving the management of business sectors and occupations subject to conditions for security and public order as prescribed in Decree No. 96/2016/NĐ-CP dated July 1, 2016 stipulating conditions for security and public order for certain business sectors and occupations subject to conditions, which has been amended and supplemented by Decree No. 56/2023/NĐ-CP (hereinafter referred to as Decree No. 96/2016/NĐ-CP), collectively designated as DK, specifically as follows:
1. Forms for use by public security agencies, including:
a) Receipt for application for issuance of Certificate of Compliance with Security and Public Order Conditions (Form DK1);
b) Guidance form for completing application for issuance of Certificate of Compliance with Security and Public Order Conditions (Form DK2);
c) Notification of non-compliance with conditions for issuance of Certificate of Compliance with Security and Public Order Conditions (Form DK3);
d) Verification form of background of person responsible for security and public order who is a Vietnamese citizen residing in Vietnam (Form DK4a);
đ) Verification form of background of person responsible for security and public order who is a foreigner or Vietnamese citizen residing abroad holding a foreign passport (Form DK4b);
e) Inspection record of business premises operating business sectors and occupations subject to conditions for security and public order (Form DK5a);
g) Post-inspection record of business premises operating business sectors and occupations subject to conditions for security and public order (Form DK5b);
h) Decision on revocation of Certificate of Compliance with Security and Public Order Conditions (Form DK6);
i) Decision on establishment of Examination Board for Security Guard Professional Skills (Form DK7);
k) Report on situation and results of management of business premises operating business sectors and occupations subject to conditions for security and public order (Form DK8);
l) Record of handover and receipt of Certificate of Compliance with Security and Public Order Conditions (Form DK9);
m) Register of issuance of Certificate of Compliance with Security and Public Order Conditions (Form DK10);
n) Decision on invalidation of examination for Security Guard Professional Skills (Form DK16).
2. Forms for use by business premises, including:
a) List of personnel working at business premises subject to conditions for security and public order (Form DK11);
b) List of staff registered for training and examination, issuance of Professional Security Guard Certificate (Form DK12);
c) Report on situation and results of implementation of regulations on security and public order in business premises (Form DK13);
d) Register of business sectors and occupations subject to conditions for security and public order (Form DK14);
đ) Register of training security service staff (Form DK15).
3. Specifications of forms

The forms prescribed in Clause 1 of this Article shall be printed in black and white on A4 paper (except Form DK8 which is printed on A3 paper).
4. Requirements for filling out forms
a) Fill in all columns and items accurately; handwriting must be clear, fully reflecting all information in each form;
b) Ink color for filling out forms and information within forms shall be blue, dark purple, or black, and only one type of ink shall be used for a complete content of a form.

Public security units and localities and business premises that have applied information technology in management work may directly use forms on computers but must ensure that all contents of the forms issued under this Circular are complete. Business premises with computer systems storing information shall update statistical data tracking business operations in accordance with the industry and occupation they are engaged in according to Form DK14; in cases where business premises do not have computer systems storing information, they shall establish registers to track according to the prescribed model.
5. Printing, managing forms and ensuring funding for implementation
a) Units, localities of the Public Security and business establishments may print various forms for their own use;
b) Management of forms:

Units and localities of the Public Security shall manage the types of forms used by the Public Security agencies according to the file system of the People's Public Security;

Business establishments shall be responsible for managing the types of forms used at their establishments.
c) The printing costs of the forms prescribed in Clause 1 of this Article shall be funded from the regular budget of the Ministry of Public Security allocated to units and localities of the Public Security. Annually, units and localities of the Public Security shall prepare the estimated printing costs of the forms and submit them to the Department of Planning and Finance for consolidation and report to the leadership of the Ministry of Public Security.

2. Amending and supplementing Clause 3 of Article 6 as follows:

3. Post-inspection must be recorded in a record according to model DK5b issued together with this Circular. In case a business establishment does not meet one of the conditions related to security and public order or other conditions stipulated in relevant legal documents, it shall be handled as follows:
a) A written notice shall be issued requiring the business establishment to temporarily suspend operations in the relevant industry, trade, or process of investment in accordance with Clause 2 of Article 206 of the Enterprise Law 2020 or Clause 2 of Article 96 of the Cooperative Law 2023. At the same time, the business establishment shall be required to rectify the non-compliance to ensure the conditions related to security and public order and other conditions stipulated in relevant legal documents within 40 days from the date of receipt of the notification in accordance with Point b, Clause 1 of Article 18 of Decree No. 96/2016/NĐ-CP;
b) If the business establishment submits a report stating that it has rectified the non-compliance to ensure the conditions related to security and public order and other conditions stipulated in relevant legal documents, the competent public security agency shall be responsible for inspecting, and if the conditions are met, it shall specifically record in the record according to model DK5b issued together with this Circular so that the business establishment can continue its operations in the relevant industry, trade, or process of investment which had been suspended previously;
c) If within the time limit specified in Point a of this Clause, the business establishment fails to rectify the non-compliance to ensure the conditions related to security and public order and other conditions stipulated in relevant legal documents, the competent public security agency shall issue a decision to revoke indefinitely the Certificate of Compliance with Conditions Related to Security and Public Order for the relevant industry, trade, or process of investment which the business establishment had previously suspended operations in accordance with Point b, Clause 1 of Article 18 of Decree No. 96/2016/NĐ-CP.

3. Amending and supplementing Article 7 as follows:

"Article 7. Information and Reporting System
1. For Public Security Agencies
a) Quarterly during the year:

The Public Security Ward shall submit reports to the Public Security District before March 4 of the first quarter; June 4 of the second quarter; September 4 of the third quarter; December 4 of the fourth quarter.

The Public Security District shall submit reports to the Provincial Public Security Administrative Management Police Department before March 6 of the first quarter; June 6 of the second quarter; September 6 of the third quarter; December 6 of the fourth quarter.

The Provincial Public Security Administrative Management Police Department shall submit reports to the National Public Security Administrative Management Police Bureau before March 8 of the first quarter; June 8 of the second quarter; September 8 of the third quarter; December 8 of the fourth quarter.

Reports on the situation and results of managing business establishments operating industries and trades subject to conditional requirements for security and public order shall be made according to model DK8 issued together with this Circular. The reporting data shall be based on the following periods: First Quarter from December 1 of the previous year to the last day of February of the reporting year; Second Quarter from March 1 to May 31; Third Quarter from June 1 to August 31; Fourth Quarter from September 1 to November 30.
b) For sudden incidents, the Public Security Ward shall promptly submit reports to the Public Security District; the Public Security District shall submit reports to the Provincial Public Security; the Provincial Public Security shall submit reports to the National Public Security Administrative Management Police Bureau. If the incident is urgent and negatively affects public opinion, it shall be reported initially by telephone, followed by a written report.
2. For Business Establishments
a) Business establishments shall be responsible for submitting quarterly reports annually before March 2; June 2; September 2; December 2. Reports on the situation and results of implementing regulations related to security and public order of the business establishment shall be made according to model DK13 issued together with this Circular and submitted to the directly managing Public Security agency. The reporting data shall be based on the following periods: First Quarter from December 1 of the previous year to the last day of February of the reporting year; Second Quarter from March 1 to May 31; Third Quarter from June 1 to August 31; Fourth Quarter from September 1 to November 30.
b) Business establishments shall be responsible for submitting prompt reports on incidents or information related to security and public order occurring at their establishments to the Public Security Ward where the establishment operates and the directly managing Public Security agency.

"Article 8. Liquidity ratio, in case microfinance organizations have a risk of losing the ability to pay, losing the ability to pay

"Article 8. Inspection of Business Premises
1. Regular Inspection

The public security authority with jurisdiction as stipulated in Article 24 of Decree No. 96/2016/NĐ-CP shall conduct regular inspections of business premises not more than once a year, specifically as follows:
a) The head of the public security authority with jurisdiction as stipulated in Article 24 of Decree No. 96/2016/NĐ-CP decides to establish an inspection team or group (hereinafter referred to collectively as the inspection team);
b) Develop an inspection plan

The Department of Guidance and Management of Industries and Trades Subject to Conditions on National Security and Public Order and Seals under the Administrative Police General Department for Social Order; the Registration and Management Team of Firearm, Explosive Materials, and Auxiliary Tools, Industries and Trades Subject to Conditions on National Security and Public Order under the Administrative Police Department for Social Order of the provincial public security agency; the Administrative Police Team for Social Order of the county-level public security agency; and the commune-level public security agency shall be responsible for developing a regular inspection plan for business premises within their management scope, and submit it for approval by the competent leader as specified in point a, Clause 1 of this Article;
c) The inspection plan must clearly state the reasons and basis for conducting the inspection; the purpose and requirements of the inspection; the inspected entity; the content of the inspection; the composition of the inspection team; and the time of the inspection;
d) Conducting the inspection

The public security authority with jurisdiction must issue a written notice to the business premises regarding the time, location, content of the inspection, and the composition of the inspection team five working days prior to the inspection;

The head of the inspection team is responsible for assigning tasks to members of the inspection team according to the plan;

Members of the inspection team must study and thoroughly understand the purpose, requirements, and content of the inspection plan; they must proactively carry out their assigned tasks as directed by the head of the inspection team;

The content of the inspection shall be carried out in accordance with the provisions of Clause 2, Article 50 of Decree No. 96/2016/NĐ-CP and the approved inspection plan;

An inspection record must be established according to Model DK5a issued together with this Circular, signed by the person drafting the record, the representative of the inspection team, and the person responsible for national security and public order or the representative of the business premises. At least two copies of the inspection record must be made, and one copy must be handed over to the business premises.

In cases where violations of administrative regulations in the operation of industries and trades subject to conditions on national security and public order are discovered, in addition to establishing an inspection record, an administrative violation record must also be established for handling according to the law. If a business premises does not meet one of the conditions for national security and public order, it shall be handled according to the provisions of Clause 3, Article 6 of this Circular. If signs of violations of laws related to other fields are found but are not within the jurisdiction to handle, the head of the inspection team must promptly report to the direct management leader for instructions; they may not arbitrarily resolve matters outside the scope of their assigned functions and responsibilities.

e) Conclusion of the inspection

The head of the inspection team is responsible for reporting the results of the inspection to the leader who has approved the inspection plan;

The leader is responsible for assigning staff to monitor and urge the correction of deficiencies or the handling of violations by the business premises (if any).
2. Surprise Inspection

The heads of the public security agencies as stipulated in Clause 3, Article 50 of Decree No. 96/2016/NĐ-CP shall issue decisions on surprise inspections of business premises, specifically as follows:
a) In cases where an inspection team is formed, the head of the inspection team is responsible for proposing measures and contents for the inspection work and reporting to the leader for approval and decision to form the inspection team;
b) In cases where due to urgent reasons, an inspection team is not formed and the leader only assigns staff to conduct the inspection, the staff member assigned the inspection task shall be responsible for the inspection;
c) For inspection teams or inspectors from other specialized forces that do not directly manage business premises, the inspector in charge of the inspection team must present the People's Public Security Identity Card; and the Introduction Letter from the authorized leader to the representative of the business premises;
d) The content of the inspection, establishment of the inspection record, and conclusion of the inspection shall be carried out according to the provisions of point d and point e of Clause 1 of this Article.

5. Amending and supplementing Article 10 as follows:

"Article 10. Responsibilities of the Administrative Police Department for Social Order Management
1. Assist the Minister of Public Security in performing state management tasks related to security and social order for industries and trades specified in Decree No. 96/2016/NĐ-CP; direct, guide, urge, and inspect local police units in implementing legal documents on managing industries and trades subject to conditions regarding security and social order.
2. Advise and propose competent authorities to draft, promulgate, amend, and supplement legal documents on managing industries and trades subject to conditions regarding security and social order.
3. Advise and propose, or directly coordinate with relevant agencies and organizations in state management of industries and trades subject to conditions regarding security and social order.
4. Organize the dissemination and popularization of laws related to industries and trades subject to conditions regarding security and social order for business establishments.
5. Issue approval documents for non-Military and non-Public Security business establishments to engage in: military uniforms and equipment for armed forces, military weapons, technical equipment, military supplies, special-purpose vehicles; parts, components, accessories, materials, and specialized equipment and technology for manufacturing them as stipulated in Clause 3, Article 13 of Decree No. 96/2016/NĐ-CP within its jurisdiction when such business establishments meet the prescribed conditions.
6. Carry out business establishment management tasks; regularly monitor and collect information related to national security and social order and safety at business establishments; handle violations according to authority.
7. Notify business establishments that fail to meet legal requirements to suspend operations in accordance with Clause 2, Article 206 of the Enterprise Law 2020 or Clause 2, Article 96 of the Cooperative Law 2023.
8. Announce in writing the issuance of certificates confirming compliance with security and social order conditions to business establishments and send copies to the Local Administrative Police Departments for Social Order Management where the business establishments operate for coordinated management.
9. Implement post-inspection procedures for business establishments under its jurisdiction; inspect business establishments as required; resolve complaints and denunciations; prevent, detect, combat, and handle violations concerning security and social order according to authority.
10. Guide security and social order assurance work for business establishments under its jurisdiction.
11. Coordinate with functional units under the Ministry of Public Security in crime prevention; law enforcement violations; and research and application of information technology to serve business establishment management in industries and trades subject to conditions regarding security and social order.
12. Summarize and conclude the implementation of legal documents related to the management of industries and trades subject to conditions regarding security and social order; implement information and reporting systems as prescribed.
13. Perform other tasks related to the management of business establishments in industries and trades subject to conditions regarding security and social order as directed by the leadership of the Ministry of Public Security.

6. Amending and supplementing Article 11 as follows:

"Article 11. Responsibilities of Local Public Security Organs
1. Provincial and centrally-administered city public security organs shall be responsible for:
a) Advising the People's Committee at the same level to direct competent agencies to cooperate with public security agencies in managing industries and trades subject to conditions regarding national security and public order.
b) Directing business units to enhance the effectiveness of management work to detect and handle, in accordance with the law, business establishments operating without registration or without permission from competent state management agencies as prescribed.
c) Issuing approval documents for business establishments outside the Army and Public Security under their jurisdiction to produce, purchase, and sell: military uniforms, military insignia, emblems, rank badges, serial numbers of armed forces; traffic speed testing equipment for motor vehicles on roads; breath alcohol testing devices; GSM mobile phone monitoring equipment and other mobile phone monitoring equipment when they meet the requirements for national security, public order, and relevant laws, as proposed by the Traffic Police Department.
d) Resolving complaints and denunciations; preventing, detecting, combating, and handling violations concerning national security and public order within their authority;
2. The Traffic Police Department shall be responsible for:
a) Implementing tasks stipulated in Clauses 3, 4, 6, 7, 9, 10, and 12 of Article 10 of this Circular in accordance with its functions and assigned tasks related to managing business establishments in industries and trades subject to conditions regarding national security and public order;
b) Notifying in writing the county-level public security organ where the business establishment operates about issuing Certificates of Compliance with Conditions for National Security and Public Order for coordination in management;
c) Performing other tasks related to managing business establishments in industries and trades subject to conditions regarding national security and public order as directed by provincial public security leadership.
3. County-level public security organs shall be responsible for:
a) Implementing tasks stipulated in Clauses 3, 4, 6, 7, 9, 10, and 12 of Article 10 of this Circular in accordance with its functions and assigned tasks related to managing business establishments in industries and trades subject to conditions regarding national security and public order;
b) Notifying in writing the commune-level public security organ where the business establishment operates about issuing Certificates of Compliance with Conditions for National Security and Public Order for coordination in management;
c) Performing other tasks related to managing business establishments in industries and trades subject to conditions regarding national security and public order as directed by provincial public security leadership.
4. Commune-level public security organs shall be responsible for:
a) Implementing tasks stipulated in Clauses 3, 4, 6, 7, 9, 10, and 12 of Article 10 of this Circular in accordance with its functions and assigned tasks related to managing business establishments in industries and trades subject to conditions regarding national security and public order;
b) Receiving notifications from business establishments as prescribed in Decree No. 96/2016/ND-CP, including: notification documents on the operation of business establishments; notification documents on protection objectives of security service business establishments; guest stay notifications of accommodation service business establishments.
c) Performing other tasks related to managing business establishments in industries and trades subject to conditions regarding national security and public order as directed by county-level public security leadership."

7. Repeal Article 3 of Circular No. 42/2017/TT-BCA;

8. Repeal the forms attached to Circular No. 42/2017/TT-BCA.

Article 2. Amending and supplementing some articles of Circular No. 43/2017/TT-BCA dated October 20, 2017 of the Minister of Public Security on the procedures for issuing and revoking Certificates of Compliance with Conditions for National Security and Public Order and assessing and issuing Security Business Qualification Certificates which have been amended and supplemented by Circular No. 15/2022/TT-BCA dated April 6, 2022 of the Minister of Public Security

a) Amending and supplementing Point c Clause 2 as follows:

"Article 4. Procedures for reviewing, approving applications and issuing Certificates of Compliance with Conditions for National Security and Public Order
1. After receiving applications for issuing Certificates of Compliance with Conditions for National Security and Public Order, the staff responsible for receiving shall review and propose in writing the processing of new issuance, replacement, or reissue of such certificates according to the following provisions:
a) For applications submitted to the Social Order Management Police Bureau, propose to the leadership of the Department guiding and managing industries and trades subject to conditions regarding national security and public order and the seal;
b) For applications submitted to the Social Order Management Police Department of the provincial public security organ, propose to the commander of the team responsible for registering and managing weapons, explosives, support tools, and industries and trades subject to conditions regarding national security and public order and the seal;
c) For applications submitted to the county-level public security organ, propose to the commander of the Social Order Management Police Team;
d) For applications submitted to the commune-level public security organ, propose to the commander of the commune-level public security organ.
2. The leaders of the Departments and commanders of the teams specified in Clause 1 of this Article shall be responsible for examining and checking the application files and proposing in writing to the leaders with authority specified in Clause 3 of this Article to approve new issuance, replacement, or reissue of Certificates of Compliance with Conditions for National Security and Public Order. For the commander of the commune-level public security organ, after examining and checking the application file, approve and sign the Certificate of Compliance with Conditions for National Security and Public Order for the business establishment.
3. The leaders of the Social Order Management Police Bureau, the leaders of the Social Order Management Police Departments of provincial public security organs, and the leaders of county-level public security organs shall be responsible for examining, approving, and signing Certificates of Compliance with Conditions for National Security and Public Order proposed by subordinate levels.
4. After the authorized leader signs the Certificate of Compliance with Conditions for National Security and Public Order, the staff responsible for receiving the application shall record all information in the register for issuing Certificates of Compliance with Conditions for National Security and Public Order according to Model DK10 issued together with Circular No. 42/2017/TT-BCA."

2. Amending and supplementing Clause 5 as follows:

"Article 5. Procedure for Issuing the Certificate of Compliance with Security and Public Order Conditions and Establishing Management Files
1. In cases where the certificate is issued directly to the business establishment, the staff responsible for issuing the Certificate of Compliance with Security and Public Order Conditions shall follow the provisions below:
a) Check the receipt slip for the application file, verify the Citizen Identity Card or Identity Card or use the VNeID or Passport of the person authorized to receive the Certificate of Compliance with Security and Public Order Conditions;
b) Request the person authorized to receive the Certificate of Compliance with Security and Public Order Conditions to sign in the management book for issuance of the Certificate of Compliance with Security and Public Order Conditions;
c) Write out a receipt and collect the fee for the assessment of the Certificate of Compliance with Security and Public Order Conditions according to the regulations of the Ministry of Finance.
2. In cases where the result is delivered through public postal services
a) For files received through the National Public Service Portal or the Ministry of Public Security Public Service Portal:

The staff receiving the application shall notify the business establishment of the assessment fee for the Certificate of Compliance with Security and Public Order Conditions that must be paid and the deadline for payment via the business establishment's account on the public service portal and email address (if available). If the business establishment chooses to pay the fee through the public service portal, it shall follow the instructions on the Public Service Portal.

After the business establishment completes the payment of the assessment fee, the staff responsible for issuing the Certificate of Compliance with Security and Public Order Conditions shall deliver the Certificate of Compliance with Security and Public Order Conditions to the business establishment through public postal services. The cost of public postal services shall be borne by the business establishment.
b) For files received directly or through postal services:

The staff responsible for issuing the Certificate of Compliance with Security and Public Order Conditions shall be responsible for transferring the Certificate of Compliance with Security and Public Order Conditions and the receipt for the assessment fee to the business establishment through public postal services after receiving the assessment fee for the Certificate of Compliance with Security and Public Order Conditions from the business establishment. The cost of public postal services shall be borne by the business establishment.
3. In cases where the Certificate of Compliance with Security and Public Order Conditions (electronic version) is delivered through public services

The staff responsible for delivering the results shall notify and deliver the Certificate of Compliance with Security and Public Order Conditions (electronic version) to the individual, organization, or business establishment's account on the National Public Service Portal or the Ministry of Public Security Public Service Portal, or send it via email to the individual, organization, or business establishment (if available) after receiving the assessment fee for the Certificate of Compliance with Security and Public Order Conditions from the business establishment.
4. After completing the issuance of the Certificate of Compliance with Security and Public Order Conditions, the staff responsible for managing the file shall be responsible for establishing and preserving the file according to the regulations on the file system of the People's Public Security.

3. Supplement Point d following Point c Clause 1 Article 6 as follows:

"d) In cases where the Certificate of Compliance with Security and Public Order Conditions is issued by the Police Station, propose the Police Station Commander to review, approve, and issue the decision to revoke and notify the business registration authority or competent authority allowing the business establishment to operate about the revocation."

4. To amend and supplement Article 7 as follows:

"Article 7. Examination of security business skills for security service staff
1. Prior to opening a training course for security service staff, the entity with the function of self-training and training security service staff must issue a notification regarding the opening of the training course, along with a list of security service staff participating in the training course, the training program, teaching schedule, list of instructors, and the duration of training, to be sent to the competent authority for security business skill examination. For entities that train security service staff outside the province or centrally administered city where the training location is situated, additional documentation proving the conditions of classrooms and practice locations for security service staff, as well as other necessary conditions for training, must be provided.

The entity training security service staff shall bear full responsibility for the entire process of organizing training, ensuring all required conditions according to regulations, training the correct target group, and meeting the content and time requirements stipulated in Point d and Point e of Clause 3, Article 12 of Decree No. 96/2016/NĐ-CP. The competent authority organizing the examination shall conduct inspections and supervision of the training process if it finds that the content and time do not meet the requirements.
2. After receiving the request for security business skill examination from the entity training security service staff, the police officer with the authority specified in Clause 1 and Clause 2 of Article 24 of Decree No. 96/2016/NĐ-CP shall propose the establishment of the Security Business Skill Examination Board (hereinafter referred to as the Examination Board), prepare examination questions and answers, verify the information of security service staff, and organize the security business skill examination for security service staff according to the following provisions:
a) Composition of the Examination Board includes: The Chairman of the Board is the leader of the police agency with the authority specified in Clause 1 or Clause 2 of Article 24 of Decree No. 96/2016/NĐ-CP, and members are officers from units authorized to conduct examinations.

In cases where the examination is conducted for security service staff trained at centers specified in Point b of Clause 1 of Article 24 of Decree No. 96/2016/NĐ-CP, report to the leadership of the Department guiding and managing industries and professions subject to conditional investment in business related to public security and seals, and issue a document proposing the approval and signature of the Director of the Public Order Administrative Management Police Bureau on the Decision establishing the Examination Board according to Form DK7 issued together with Circular No. 42/2017/TT-BCA;

In cases where the examination is conducted for security service staff trained at centers specified in Point b of Clause 2 of Article 24 of Decree No. 96/2016/NĐ-CP, report to the commanding officer of the unit responsible for registering and managing weapons, explosives, and auxiliary tools, and issue a document proposing the approval and signature of the leadership of the Public Order Administrative Management Police Department of the provincial police force on the Decision establishing the Examination Board according to Form DK7 issued together with Circular No. 42/2017/TT-BCA.
b) Verify and cross-check the content of the information of security service staff in the list of security service staff registered for examination, issue the Security Business Skill Certificate recorded in the list according to Form DK12 issued together with Circular No. 42/2017/TT-BCA by the training entity.
3. The examination shall be conducted in the form of a multiple-choice test lasting 40 minutes, consisting of 30 questions printed on paper. Security service staff participating in the examination will only be issued a Security Business Skill Certificate when they correctly answer at least 25 out of 30 questions compared to the answers of the Examination Board.
4. Organization of the examination

The security business skill examination for security service staff shall be organized by the Examination Board in a centralized manner, specifically as follows:
a) Verify and cross-check the content of the information of security service staff participating in the examination with the registration list, issue the Security Business Skill Certificate;
b) Announce the Decision establishing the Examination Board before conducting the examination;
c) Distribute the examination papers;
d) Collect the examination papers, check the information self-reported by the security service staff in the examination papers, guide the security service staff participating in the examination to sign their confirmation on the list after submitting the papers to the Examination Board."

5. Add Clause 5 after Clause 4 of Article 8 as follows:

"5. Store and preserve the examination papers for security business skills for a period of two years from the date of the examination at the agency or unit primarily responsible for the examination."

6. Amending and supplementing Article 9 as follows:

"Article 9. Procedure for issuing the Professional Security Certificate and establishing management files

The staff assigned to carry out the tasks shall follow the provisions below:
1. Direct issuance
a) Verify the Citizen Identity Card or Identity Card or through the VNeID application software or Passport of the person sent by the security service training institution to receive the Professional Security Certificate;
b) Issue the Professional Security Certificate and send along with the notification of the professional security examination results to the person sent by the security service training institution to receive the Certificate;
c) Write a receipt and collect the professional security examination fee for issuing the Professional Security Certificate according to the regulations of the Ministry of Finance.
2. Issuance through postal services

The staff assigned to issue the Professional Security Certificate shall be responsible for transferring the Professional Security Certificate together with the notification of the professional security examination results and the receipt of the professional security examination fee for issuing the Professional Security Certificate according to the regulations of the Ministry of Finance to the business entity through public postal services after receiving the professional security examination fee from the business entity. The cost of public postal services shall be borne by the business entity.
3. Establish examination, issuance of the Professional Security Certificate management files according to the common file formation system in the People's Public Security and implement each training institution opening one tracking file for the examination and issuance of the Professional Security Certificate.

7. Supplement Article 9a following Article 9 as follows:

" Article 9a. Procedure for canceling the professional security examination
1. The staff assigned to manage the examination file, issue the Professional Security Certificate shall propose in writing to cancel the professional security examination when the time limit specified in Clause 5, Article 8 of this Circular has expired and shall follow the provisions as follows:
a) For the institution organized by the Administrative Management Police Department for Social Order to conduct examinations, propose to the leadership of the Guidance and Management Division of industries and professions subject to conditional investment in security and social order and seals.
b) For the institution organized by the Provincial Public Security Administrative Management Police Department for Social Order to conduct examinations, propose to the team commander with the function of registering and managing weapons, explosives, support tools, industries and professions subject to conditional investment in security and social order and seals.
2. The leadership of the Guidance and Management Division, the team commander specified in Clause 1 of this Article shall be responsible for checking and signing the proposal to the competent authority leader specified in Clause 3 of this Article to consider and approve the Decision to cancel the professional security examination.
3. The leadership of the Administrative Management Police Department for Social Order, the leadership of the Provincial Public Security Administrative Management Police Department for Social Order shall be responsible for considering and approving the Decision to cancel the professional security examination according to Form DK16 issued together with this Circular.
4. After the competent authority approves and signs the Decision to cancel the professional security examination, the staff assigned to cancel the professional security examination must ensure that it cannot be restored. Keep the cancellation proposal and the cancellation decision in the examination and issuance of the Professional Security Certificate tracking file.

8. Replace the term "DK1a" and "DK1b" in Article 3 of Circular No. 43/2017/TT-BCA with the term "DK1".

9. Repeal Clause 2 of Article 3 of Circular No. 43/2017/TT-BCA.

Article 3. Amend and supplement some articles of Circular No. 45/2017/TT-BCA dated October 20, 2017 of the Minister of Public Security on the procedures for registering seal samples, recalling and invalidating seals, invalidating the use value of seals, and inspecting the management and use of seals, which have been amended and supplemented by Circular No. 15/2022/TT-BCA dated April 6, 2022 of the Minister of Public Security.

1. Amending and supplementing Clause 1 of Article 4 as follows:

"1. When receiving applications for registering seal samples or returning seals from agencies, organizations, and state positions as stipulated in Articles 13, 14, 15, 16, 17 and Clause 8, Article 24 of Government Decree No. 99/2016/NĐ-CP dated July 1, 2016 on the management and use of seals, which has been amended and supplemented by Government Decree No. 56/2023/NĐ-CP (hereinafter referred to as Decree No. 99/2016/NĐ-CP), the staff receiving the application shall be responsible for checking the information, components, and validity of the application and proceed with:

In case the application is valid, it shall be accepted and all relevant information shall be fully recorded on the Application Receipt Form (according to Model CD1 issued together with this Circular).

In case the application is incomplete, the agency, organization, or state position shall be guided to complete the application, and all required information shall be fully recorded on the Application Completion Guidance Form (according to Model CD2 issued together with this Circular).

In case the application does not meet the conditions stipulated in Article 5 of Decree No. 99/2016/NĐ-CP, the application shall not be accepted, and the reasons for rejecting the application shall be clearly stated; if there is a request for a written response, a notification of rejection of the application shall be issued (according to Model CD3 issued together with this Circular)."

2. Add Point d and Point e after Point d of Clause 3, Article 4 as follows:

"d) In case of submitting the application directly or through public postal services for the procedure of returning seals: After accepting a valid application, the staff handling the application shall check and compare the seal with the Certificate of Registration of Seal Sample and proceed according to the provisions of Clause 1, Article 10 of this Circular.
e) In case of submitting the application through the National Public Service Portal or the Ministry of Public Security Public Service Portal for the procedure of returning seals: After accepting a valid application, the seal and the Certificate of Registration of Seal Sample transferred by the agency, organization, or state position shall be received by the staff handling the application, who shall proceed according to the provisions of Clause 2 of this Article and Clause 1, Article 10 of this Circular."

3. Add Point d after Point d of Clause 1, Article 9 as follows:

"d) For applications requesting the return of seals: Issue the Certificate of Seal Recall."

4. Add Clause 3 after Clause 2, Article 9 as follows:

"3. In case of issuing the Certificate of Registration of Seal Sample (electronic version) through public services: The staff assigned to issue the result shall notify and issue the Certificate of Registration of Seal Sample (electronic version) through the account on the National Public Service Portal or the Ministry of Public Security Public Service Portal of the agency, organization, or state position, or send it via email to individuals or organizations (if applicable)."

5. Replace the forms CD2, CD3, CD4, CD5, CD6, CD7, CD8, CD9 issued together with Circular No. 45/2017/TT-BCA with the forms CD2, CD3, CD4, CD5, CD6, CD7, CD8, CD9 issued together with this Circular.

Article 4. Effective date

1. This Circular takes effect from March 1, 2024.

2. If the contents cited in this Circular are amended, supplemented, or replaced, the cited contents shall be implemented according to the legal regulatory documents that amend, supplement, or replace them.

Article 5. Responsibilities for Implementation

1. The Director of the Administrative Management Police Department under the Ministry of Public Security is responsible for guiding, inspecting, and urging the implementation of this Circular.

2. Heads of units under the Ministry, Directors of Provincial Police Departments, and Central City Police Departments, and related agencies, organizations, and individuals are responsible for implementing this Circular.

3. During the implementation of this Circular, if there are difficulties or obstacles, local police units, related agencies, organizations, and individuals shall report to the Ministry of Public Security (through the Administrative Management Police Department) for timely guidance./.