Circular No. 03/TT-BNV guiding the implementation of Decree No. 17/CP dated December 23, 1992 of the Government on the management of special business trades.

CIRCULAR

OF THE MINISTRY OF HOME AFFAIRS

GUIDELINES FOR IMPLEMENTING DECREE NO. 17/CP DATED

DECEMBER 23, 1992 OF THE GOVERNMENT ON THE MANAGEMENT OF SPECIAL TRADES

The Ministry of Interior provides guidelines for implementing this Decree as follows:

I. SCOPE OF SPECIAL TRADES

Article 2 of Decree No. 17-CP of the Government stipulates six types of special trades, each type being as follows:

1. The trade of renting accommodation includes: hotel, lodging, restaurant, guesthouse, inn operations of agencies, units, armed forces, economic organizations, social organizations; private residences rented out for accommodation; tourism accommodation facilities, other business establishments that provide accommodation services, but only for overnight stays or day use.

2. The trade of engraving seals includes: engraving seals of state agencies, armed forces units, Party organizations, economic organizations, social organizations, etc., and title stamps. This activity includes both manual and advanced techniques; engraving on metal, wood, rubber, etc.

3. The trade of printing includes: typographic printing, offset printing, intaglio printing (gravure), flexographic printing, screen printing (silk screen), woodblock printing, rotogravure, photocopying, laser printing, proofing, printing plate making, casting type, setting type, printing plate production, color separation.

4. The trade of producing, repairing hunting rifles, manufacturing and selling hunting rifle ammunition; renting hunting rifles. Hunting rifles are those used to hunt birds and wild animals as specified in Article 1 of the Hunting Rifle Usage Regulations issued together with Decree No. 246/TTg dated May 17, 1958 of the Prime Minister.

5. The trade using explosives includes: manufacturing and trading fireworks, gunpowder; mining rocks, minerals, precious stones, etc., using explosive materials.

The trade using strong poisons includes various types of poisons used in the production and trade of drugs listed in Category A and B in the health sector; high-toxicity chemicals in basic chemical production, processing industries, plant protection products, etc.

6. The trade of cosmetic surgery: includes establishments using surgical methods to change human appearance from age 15 onwards.

Establishments engaged in the above special trades include all forms of economic entities: state enterprises, joint-stock companies, limited liability companies, private businesses, individuals and groups engaged in business; establishments of agencies, social organizations including business establishments of the Public Security and Military, foreign-invested enterprises, and joint ventures.

II. REVIEW AND CONFIRMATION OF CONDITIONS TO ENSURE REQUIREMENTS FOR SECURITY AND ORDER FOR ORGANIZATIONS AND INDIVIDUALS APPLYING FOR SPECIAL TRADES

To ensure security and order requirements as stipulated in Article 5 of Decree No. 17-CP, the Public Security agency has the responsibility to review and confirm certain conditions related to security and order for organizations and individuals applying for special trades. The Ministry of Interior provides specific guidance on this matter as follows:

1. Application Procedures for Engaging in Trades

1.1. Organizations and individuals wishing to engage in special trades, in addition to the registration application procedures according to current regulations of the State, must also submit additional procedures for each type of special trade as follows: a. A personal history statement of those responsible or the owner of the establishment, certified by the managing authority or the People's Committee of the commune where they reside.

b. A design plan for fire prevention, firefighting, anti-toxic measures, and security and order assurance plans for the establishment.

c. If engaging in the rental accommodation trade, a layout diagram of the rooms and a communication system layout diagram, along with communication equipment installed.

1.2. The aforementioned application procedures must be submitted together with the registration application to the competent state agency responsible for granting permission to establish and issue the business registration certificate, which will then forward it to the Public Security agency for review and confirmation of the security and order assurance conditions before the competent authority grants permission to establish and issue the business registration certificate.

2. Additional Clarification on Eligibility Criteria for Applicants

2.1. Individuals with criminal records for crimes directly related to the special trade they wish to engage in; individuals who have used their engagement in special trade activities to commit crimes (Clause 2, Article 3 of Decree No. 17-CP) specifically include: criminal records for murder, robbery, illegal trade, smuggling, fraud, counterfeit goods, brothel operation, prostitution, drug trafficking, gambling.

2.2. Individuals prohibited from engaging in special trades as stipulated in Article 3 of Decree No. 17-CP of the Government apply only to those in charge of the establishment or the owners of the establishment. Those hired as employees within the establishment's staff or workers must be listed by the person in charge or the owner of the establishment according to the prescribed form of the Ministry of Interior and sent to the directly managing Public Security agency. The person in charge or the owner of the establishment is responsible for any violations of the special trade operation regulations by employees or workers in their establishment.

2.3. Individuals currently engaged in special trades, if they fall under the category of persons not permitted to engage in such trades according to the provisions of Article 3 of Decree No. 17-CP, the Public Security agency will not issue a certificate confirming the assurance of security and order conditions and will request the competent authority to revoke the business license or prohibit them from being the business owner or joining the management board of the special trade business establishment.

If Vietnamese organizations or individuals enter into joint ventures with foreigners to engage in this profession, the Vietnamese organizations and individuals must complete all procedures as prescribed in this Circular.

3. Responsibilities of the Public Security Organs in reviewing permits for engaging in special professions.

3.1. Competent authorities responsible for issuing business licenses, upon receiving applications for registration to engage in special professions from organizations and individuals, shall transfer the application forms and relevant documents specified in Section 1.1, Point 1, Part II of this Circular to the Public Security Organs for the purpose of examining and confirming compliance with security and public order requirements.

3.2. The Public Security Organs will issue certificates of compliance with security and public order conditions to organizations and individuals applying to engage in special professions and transfer these certificates to the competent authorities before considering the establishment permit and issuance of the business registration certificate. The Public Security Organs' examination period for issuing such certificates shall not exceed fifteen days from the date of receipt of the application files transferred by the competent authorities.

In cases where organizations and individuals applying to engage in special professions do not meet the security and public order requirements, the Public Security Organs must provide a written explanation of the reasons.

3.3. Organizations and individuals who have been granted business registration certificates by competent state authorities prior to the issuance of Decree No. 17-CP dated December 23, 1992 by the Government must supplement their application procedures for registration to engage in special professions according to Decree No. 17-CP and the guiding circulars issued by the Ministry of Home Affairs. The Public Security Organs will examine specific conditions for ensuring security and public order requirements and recommend to the competent authorities whether to allow or not to allow continued operation.

3.4. The certificate of compliance with security and public order conditions shall be in a unified form prescribed by the Ministry of Home Affairs (Form No. 1.A attached).

4. Authority to issue certificates of compliance with security and public order conditions is as follows:

a. The Ministry of Home Affairs (General Police Department) shall examine and issue certificates of compliance with security and public order conditions for enterprises established by decisions of the Government and enterprises with 100% foreign capital and joint ventures with foreign entities.

b. Provincial and municipal public security organs (Department 13) shall examine and issue certificates of compliance with security and public order conditions for enterprises established by ministries and provincial/municipal people's committees operating within their jurisdictions.

c. District, county, town, and city-level public security organs shall examine and issue certificates of compliance with security and public order conditions for individuals and groups engaged in businesses with capital below the statutory minimum as stipulated in Decree No. 66-HĐBT dated March 2, 1992 of the Council of Ministers (including establishments licensed by district people's committees under the delegation of county people's committees in highland and distant island areas) operating within their jurisdictions.

III. GUIDELINES FOR IMPLEMENTATION OF PROVISIONS ON
SECURITY AND PUBLIC ORDER FOR ORGANIZATIONS AND INDIVIDUALS
ENGAGING IN SPECIAL PROFESSIONS

1. After being granted business registration certificates by competent state authorities, before commencing operations, organizations and individuals engaged in special professions must inform the police station or commune where their business premises are located about the start time of their operations.

2. During the course of operations, organizations and individuals engaged in special professions must comply with the following provisions:

2.1. Provisions on fire safety, explosion prevention, and toxic substance control.

2.2. Maintain record books for managing security and public order in accordance with prescribed models and guidance provided by the Public Security Organs.

2.3. Implement security and public order regulations and register/report to the Public Security Organs according to the guidelines of the Ministry of Home Affairs for each type of special profession.

2.4. Have the responsibility to promptly report to the local Public Security Organs any signs of violations of security and public order occurring within their premises, including persons and events related to their business activities.

2.5. Have the responsibility to fulfill requests made by Public Security officers during inspections of compliance with security and public order regulations at their premises.

IV. INSPECTION OF COMPLIANCE WITH PROVISIONS
ON SECURITY AND PUBLIC ORDER

1. Content of inspection by the Public Security Organs

a. Inspection of valid documents regarding special profession activities, business content recorded in the license compared with actual business operations of the establishment (industry, profession, location, products, etc.).

b. Inspection of compliance with state and local government regulations on engaging in special professions; registration and management of household registration, fire prevention, toxic substance control, accident prevention, maintenance of public order, prevention and detection of social evils...

c. Inspections of compliance with security and public order regulations for establishments engaged in special professions also include customers directly related to the special profession activities of those establishments.

2- Authority to inspect establishments engaged in special professions

a. Heads and deputy heads of provincial and municipal administrative management police departments.

b. Heads and deputy heads of district, county, town, and city-level public security organs.

c. Administrative management police officers assigned by public security leaders at the county level or higher to oversee and manage establishments engaged in special professions.

d. Heads and deputy heads of police stations, area police officers, heads and deputy heads of village public security organs shall inspect establishments within their jurisdiction; fire prevention and firefighting police officers shall perform inspections for fire safety, explosion prevention, toxic substance control, and radiation protection.

e. When conducting inspections, they must wear People's Public Security uniforms as prescribed (except when deputy village public security chiefs conduct inspections within their own villages). After inspections, regardless of whether violations are found or not, they must prepare inspection records (according to prescribed formats), clearly recording the results of the inspection, signed by the inspected party and the person in charge or the owner of the establishment, and hand over a copy to the establishment.

3. Handling of violations.

The administrative penalty for violations must be carried out strictly in accordance with the procedures prescribed in Article 21 of the Administrative Offense Penalty Ordinance and Article 20 of Decree No. 141-HĐBT dated April 25, 1991 of the Council of Ministers.

b. Violations by foreign organizations and individuals shall be based on Clause 3 of Article 5 of the Administrative Offense Penalty Ordinance; Article 24 of Decree No. 141-HĐBT of the Government and point a, Section 2 of Circular No. 09/TT-BNV (C11) dated December 30, 1991 of the Ministry of Home Affairs guiding the implementation of the Ordinance and Decree on administrative offenses in the field of security and public order.

V. IMPLEMENTATION

1. To strictly enforce the Government Decree to create favorable conditions for organizations and individuals engaged in special trades, the Ministry of Home Affairs requests the Heads of Ministries responsible for managing such trades, People's Committees of provinces and centrally governed cities to guide organizations and individuals applying for special trade operations to complete procedures in accordance with the Government Decree and the guiding circulars of the Ministry of Home Affairs, allowing establishment and registration of special trade operations only after obtaining a certificate of compliance with security and public order conditions from the police authority.

2. Organizations and individuals currently operating special trades as stipulated in Article 2 of Decree No. 17-CP dated December 23, 1992 of the Government must complete supplementary procedures or new applications for special trade operations before September 30, 1993. From November 1, 1993, all special trade establishments without valid business licenses from competent authorities must cease operations.

Police at all levels are responsible for examining and confirming compliance with security and public order conditions for organizations and individuals applying for special trade operations in accordance with regulations and deadlines; regularly guiding and inspecting the implementation of security and public order regulations to ensure that organizations and individuals operate in accordance with the law, promptly detecting and handling violations, ensuring legitimate and lawful business interests of the establishments. The Ministry assigns the General Bureau of Public Security to assist the Ministry in supervising, guiding, and inspecting the enforcement.

This Circular takes effect from the date of issuance and replaces Circular No. 09/TT dated June 25, 1980; Decision No. 38 dated July 3, 1987 of the Ministry of Home Affairs regarding the management of special trade operations./.