Decree No. 06/2013/NĐ-CP on the protection of agencies and enterprises

DECREE
Regulations on protecting agencies and enterprises

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Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the National Security Law dated December 3, 2004;

The Government promulgates this Decree on regulations regarding entry, exit, and residence policies for foreigners at the International Financial Center in Vietnam.

The Government promulgates this Decree on regulations for protecting agencies and enterprises,

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates functions, tasks, powers, organization, operation, systems, and policies for security forces at state agencies, enterprises, political organizations, socio-political organizations, socio-political-professional organizations, social-professional organizations, and social organizations established in accordance with Vietnamese law (hereinafter referred to collectively as agencies and enterprises).

Article 2. Applicability

This Decree applies to Vietnamese agencies and enterprises; foreign enterprises and organizations operating within the territory of the Socialist Republic of Vietnam, and agencies, organizations, and individuals related to the protection activities of agencies and enterprises. Agencies and enterprises managed by the People's Public Security and the People's Army are not subject to this Decree.

In cases where international treaties to which Vietnam is a party provide different provisions, such provisions shall be applied.

Article 3. Principles of organization and operation of security forces for agencies and enterprises

1. Security protection organizations for agencies and enterprises are established by the heads of those agencies and enterprises; they are directly directed and managed by the heads of the agencies and enterprises and guided and inspected on security matters by public security agencies.

2. The organization and operation of security forces for agencies and enterprises must comply strictly with the provisions of this Decree and other relevant laws. Any acts exploiting the name of agency and enterprise protection to commit illegal acts and infringe upon the legitimate rights and interests of organizations and individuals are strictly prohibited.

Article 4. Security Protection Operations

1. Security protection operations are a comprehensive set of specialized measures equipped for security forces to ensure the security, order, and safety of agencies and enterprises. Security protection measures include:

a) Administrative measures;

b) Mass mobilization measures;

c) Patrol and guard measures.

2. The Ministry of Public Security shall specify in detail the security protection measures provided for in Clause 1 of this Article.

Article 5. Training in security protection operations

Training and upgrading in security protection operations are organized by provincial-level public security agencies or equivalent agencies and certificates are issued.

Article 6. Standards for security personnel

Vietnamese citizens aged 18 years or older; having a clear record; good political qualities and morals; having completed secondary education or higher (for mountainous, border, maritime, remote, and far-flung areas, completion of junior secondary education or higher); possessing full capacity for civil conduct and sufficient health to meet the requirements of security work. Priority is given to recruiting security forces who have worked in the People's Public Security and the People's Army.

Article 7. Responsibilities of the heads of agencies and enterprises and staff members within agencies and enterprises

1. Responsibilities of the heads of state agencies and political organizations:

a) To bear overall responsibility for ensuring the security, order, and safety of assets of the agencies and enterprises; to direct the development, organization, and inspection of implementation of security plans and internal regulations of the agencies and enterprises; to direct the security forces of the agencies and enterprises to regularly coordinate with public security forces and local authorities in implementing security plans and schemes; to build a clean and strong security force for the agencies and enterprises;

b) Based on the requirements, nature, and scale of the agencies and enterprises, to decide on the organizational form of the security forces suitable for their own agencies and enterprises; to ensure material conditions, workplaces, equipment, and means of security operations for the activities of the security forces;

c) To take the lead and cooperate with authorized public security agencies in organizing training, upgrading, and professional training for the security forces; to implement directives and guidance on security operations issued by the Ministry of Public Security regarding security and order at agencies and enterprises.

3. Heads of other agencies and enterprises shall fulfill the responsibilities stipulated in Point a, b, c of Clause 1 of this Article and Clause 2 of Article 11 of this Decree.

4. Staff members within agencies and enterprises have the responsibility to participate in building, assisting, and creating favorable conditions for the security forces to perform their duties.

Article 8. Responsibilities of the Ministry of Public Security

1. Provisions on cooperation with agencies and enterprises in managing and inspecting the implementation of security tasks at agencies and enterprises.

2. Contents of training in security protection operations, sample certificates for security personnel, uniforms, insignia, and signs for security forces of agencies and enterprises.

3. Directives and guidance on security protection operations for security forces of agencies and enterprises.

Chapter II
FUNCTIONS, TASKS, POWERS AND ORGANIZATION OF SECURITY FORCES FOR AGENCIES AND ENTERPRISES

Article 9. Functions of the security force of agencies and enterprises

1. Advising and assisting the Party committee, leadership of agencies and enterprises in building and implementing internal regulations, work plans for security; ensuring security, order, and safety of agencies and enterprises; implementing security work requirements according to the directives and guidance of competent public security authorities.

2. Organizing the implementation of security work requirements, tasks, and measures to ensure security, order, and safety of agencies and enterprises.

Article 10. Tasks of the security force of agencies and enterprises

1. The security force of state agencies and political organizations has the following tasks:

a) Implementing business measures as prescribed by law and security operation guidelines of the police force to prevent, detect, and stop acts of law violation and violations of agency and enterprise security regulations; promptly proposing measures to the heads of agencies and enterprises for handling;

b) Directly controlling people entering and exiting agencies and enterprises. When incidents related to security, order, and safety occur, they must organize protection of the scene, protect assets of agencies and enterprises, provide first aid to victims, apprehend offenders on the spot, and immediately report to the nearest public security authority;

c) Implementing regulations on fire prevention and fighting, maintaining public order;

d) Being the core in the nationwide movement to protect national security within agencies and enterprises; building safe agencies and enterprises;

đ) Cooperating with village, ward, town public security organs where agencies and enterprises are located in grasping situations, ensuring security, order, and safety of agencies and enterprises; proposing to the heads of agencies and enterprises to build security regulations, plans, and measures to prevent and combat crimes and other law violations within agencies and enterprises;

e) Implementing regulations on the management of simple weapons, support tools, explosives, flammable materials, and harmful substances (if any); assisting the heads of agencies and enterprises in coordinating with public security organs to manage and educate individuals with criminal records, those who have completed administrative punishment measures and are currently working at agencies and enterprises;

g) Cooperating with mass organizations within agencies and enterprises to promote and disseminate laws to enhance vigilance among all personnel; guiding mass organizations to participate in protecting security, order, and safety within agencies and enterprises;

h) Performing specific tasks assigned by the heads of agencies and enterprises to protect agencies and enterprises in accordance with the provisions of the law.

2. Other security forces of agencies and enterprises shall perform the tasks stipulated in Points a, b, c, d, đ, g, h Clause 1 of this Article.

Article 11. Powers of the security force of agencies and enterprises

1. The security force of state agencies and political organizations has the following powers:

a) Inspecting and urging departments, units, and staff members in agencies and enterprises to comply with legal provisions on security, order, and agency and enterprise security regulations;

b) During duty performance, inspecting documents, goods, and means of transportation entering and exiting agencies and enterprises if there are signs of law violation or violation of agency and enterprise regulations;

c) Conducting verification work on incidents occurring within agencies and enterprises within their authority, as delegated by the heads of agencies and enterprises or upon request of competent public security authorities;

d) Refusing to execute unlawful requests during security duty performance and reporting to competent authorities for handling in accordance with the law.

2. Other security forces of agencies and enterprises shall exercise the powers stipulated in Points b, c, d Clause 1 of this Article.

Article 12. Organization of security forces for agencies and enterprises

1. The organization of security forces at state agencies and enterprises, political organizations within the organizational system of agencies and enterprises shall be established as offices, departments, teams, or groups according to the requirements, scale, and nature of the agency or enterprise.

2. The organization of security forces at other agencies and enterprises shall be decided by the Board of Directors, Board of Members, or the head of the agency or enterprise to establish or not establish, in accordance with the requirements, scale, and nature of the agency or enterprise.

Chapter III
REGIME, POLICY, EQUIPMENT AND OPERATING FUNDS OF SECURITY FORCES FOR AGENCIES AND ENTERPRISES

Article 13. Regime and policy for security personnel of state agencies and enterprises, political organizations

1. Security personnel who have completed their probationary period and are assessed as meeting the requirements shall be considered for employment and entitled to salary and benefits, regimes, and policies as prescribed by law.

2. During the performance of duties, if they are injured or killed, they may be recognized as eligible for the regime of war invalids or martyrs and other forms of commendation as prescribed by laws on preferential treatment for those meritorious to the revolution and laws on competition and rewards.

Article 14. Regime and policy for security personnel at other agencies and enterprises

The regime and policy for security personnel at other agencies and enterprises shall be determined through labor contracts by the Board of Directors, Board of Members, or the head of the agency or enterprise based on the provisions of the law.

Article 15. Equipment for security forces of agencies and enterprises

1. Security forces of agencies and enterprises shall be provided with uniforms, equipment, and allowed to use simple weapons and auxiliary tools as prescribed by law.

2. Security forces of agencies and enterprises shall be provided with certificates, equipped with signs, name bands, and other necessary means as prescribed to serve security work.

3. The Ministry of Public Security shall specify and guide in detail about the provision of equipment and management and use of equipment for security forces of agencies and enterprises as prescribed in this Article.

Article 16. Operating funds of security forces for agencies and enterprises

1. The operating funds of security forces at agencies and organizations shall be guaranteed within the regular operating funds of these agencies and organizations.

2. The operating funds of security forces at enterprises shall be included in the management costs of these enterprises.

3. Legal sponsorship and support from organizations and individuals.

Chapter IV
IMPLEMENTATION

Article 17. Effective Date

1. This Decree takes effect from March 1, 2013, and replaces Decree No. 73/2001/NĐ-CP dated October 5, 2001, on activities and organization of security forces for agencies and enterprises.

2. For agencies and enterprises that are not permitted to hire permanent security services according to this Decree but have existing contracts for such services, upon expiration of the signed contracts, they must comply strictly with the provisions of this Decree.

Article 18. Responsibility for Implementation

1. The Minister of Public Security is responsible for guiding detailed implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government shall be responsible for enforcing this Decree./.