Decree No. 08/2001/NĐ-CP on conditions for security and public order for certain business sectors and occupations subject to conditions

DECREE

Provisions on security and public order conditions for certain industries and tradeswith conditional business operations

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 THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to the Enterprise Law No. 13/1999/QH10 dated June 12, 1999;

Pursuant to Article 11 of the People's Public Security Force Law of Vietnam dated January 28, 1989;

To strengthen national security protection work and social order and safety; ensure the legitimate right to engage in business activities of organizations and individuals; contribute to economic and social development;

At the proposal of the Minister of Public Security,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. This Decree stipulates the security and public order conditions for certain industries and trades that are closely related to security and public order and social safety during their operation (hereinafter referred to collectively as industries and trades with security and public order conditions).

All Vietnamese organizations and individuals, foreign organizations and individuals; overseas Vietnamese when engaging in business activities within the industries and trades specified in Article 2 of this Decree in Vietnam, regardless of economic sector, must comply with the provisions of this Decree and other relevant legal documents.

Article 2. Industries and trades with security and public order conditions include:

1. Group those industries and trades requiring a "Certificate of Compliance with Security and Public Order Conditions":

a) Engraving seals;

b) Producing, trading, repairing, renting hunting guns; producing, trading hunting ammunition; producing, trading auxiliary tools;

c) Producing, trading industrial explosives and those trades using industrial explosives;

d) Gas and flammable liquid trading; trading high-rise buildings over ten floors for hotels, residences, office use.

2. Group of industries and trades required to commit to implementing security and public order regulations and conditions:

rental accommodation; renting houses to foreigners;

b) Printing activities;

c) Pawnshop services;

d) Karaoke, dance clubs, massage businesses.

3. Security and public order conditions for government-regulated service protection businesses are stipulated in separate documents.

4. Based on the situation and requirements of state management concerning security and public order at different periods, the Ministry of Public Security shall be responsible for reporting and proposing the Government to adjust industries and trades with security and public order conditions accordingly.

Article 3. Strictly prohibited are all acts of exploiting industries and trades with security and public order conditions to harm security and public order and social safety or to commit other illegal acts.

Chapter II

CONDITIONS ON SECURITY AND PUBLIC ORDER PROCEDURES

AND RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS ENGAGED IN

INDUSTRIES AND TRADES WITH CONDITIONAL OPERATIONS

Article 4. The security and public order conditions include:

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:

The head of the establishment engaged in industries and trades with security and public order conditions must have a clear record and not fall under any of the following circumstances:

a) Minors; persons with limited or no civil capacity;

b) Persons who are criminally prosecuted and whose cases are being investigated, prosecuted, or tried by judicial authorities;

c) Persons banned from holding positions, practicing professions related to industries and trades with security and public order conditions, or residing in certain areas, persons serving custodial sentences, under house arrest, or undergoing other administrative sanctions such as education at commune, ward, town level; placement in educational or medical facilities, or administrative house arrest;

d) Persons with criminal records that have not been expunged for offenses against national security, particularly serious crimes, or other crimes directly related to industries and trades with security and public order conditions.

2. Business premises conditions:

a) Ensuring fire prevention, firefighting, explosion prevention, poisoning prevention, and environmental hygiene conditions;

b) Ensuring public order and safety;

c) The business location must not be in restricted areas as prescribed by law.

Article 5. Organizations and individuals engaged in industries and trades with security and public order conditions may only conduct business operations after obtaining a "Certificate of Compliance with Security and Public Order Conditions" issued by the Department of Administrative Management of Social Order under the Ministry of Public Security or provincial police (for the group of trades specified in Clause 1, Article 2 of this Decree) or committing to strictly adhere to the security and public order regulations and conditions with the provincial or district police (for the group of trades specified in Clause 2, Article 2 of this Decree).

Article 6. The application dossier for the issuance of a "Certificate of Compliance with Security and Public Order Conditions" includes:

1. Application for issuance of a "Certificate of Compliance with Security and Public Order Conditions";

2. Copy of the business registration certificate;

3. Personal history statement of the head of the establishment engaged in industries and trades with security and public order conditions.

In addition to the common documents mentioned above, based on the security and public order conditions stipulated in Clauses 1 and 2 of Article 4 of this Decree, the Ministry of Public Security will specify the dossier for each industry and trade accordingly.

Within ten days from the date of receiving complete dossiers, the Department of Administrative Management of Social Order under the Ministry of Public Security or provincial police shall issue a "Certificate of Compliance with Security and Public Order Conditions" to organizations and individuals engaged in industries and trades with security and public order conditions. If the conditions are not met, the police agency must notify in writing, specifying the reasons for the organization and individual applying for business and the business registration authority to know.

Article 7. When a business establishment goes bankrupt, ceases operations, dissolves, or merges without engaging in the industries and trades specified in Clause 1, Article 2 of this Decree, the "Certificate of Compliance with Security and Public Order Conditions" becomes invalid. In case of changing the industries and trades specified in Clause 1, Article 2 of this Decree, changing the business location, or replacing the head of the establishment, supplementary dossiers must be submitted to the police agency issuing the certificate to obtain a new certificate.

Organizations and individuals applying for a "Certificate of Compliance with Security and Public Order Conditions" must pay a fee as prescribed by the Ministry of Finance.

Article 8. Organizations and individuals engaged in the industries and trades specified in Clause 2, Article 2 of this Decree, when submitting a commitment letter to the provincial or district police, must attach the following documents:

1. Personal history statement of the head of the establishment engaged in industries and trades with security and public order conditions;

2. Copy of the business registration certificate.

In addition to the general documents prescribed above, based on the requirements for security and public order protection, the Ministry of Public Security shall specify the specific files for each industry and profession accordingly.

Article 9. Organizations and individuals engaged in industries and professions subject to conditions regarding security and public order must comply with the following regulations during their operations:

1. Submit a notification document to the police station where the business premises are located regarding the official start time of business operations;

2. Adhere to the regulations on security and public order stipulated in this Decree and the guidelines issued by the Ministry of Public Security for each specific type of industry or profession;

3. Have the responsibility to promptly report to the police any incidents or suspicions related to security and public order that arise during business operations;

4. Comply with guidance and inspections on security and public order conducted by authorized police agencies.

Article 10. The head of a business engaged in industries and professions subject to conditions regarding security and public order shall be held legally responsible for all activities of the business under their management.

Chapter III

RESPONSIBILITIES AND LIMITATIONS OF MINISTRIES, SECTORS, AND PEOPLE'S COMMITTEES AT ALL LEVELS IN MANAGING INDUSTRIES AND PROFESSIONS SUBJECT TO CONDITIONS REGARDING SECURITY AND PUBLIC ORDER

IN THE MANAGEMENT OF INDUSTRY AND TRADE ACTIVITIES REQUIRING CONDITIONS FOR SECURITY AND ORDER

REGARDING SECURITY AND PUBLIC ORDER CONDITIONS

Article 11. Ministry of Public Security:

1. Uniformly manage state affairs concerning security and public order for industries and professions subject to conditions as specified in this Decree throughout the country;

2. Issue standardized forms and templates to support state management work on security and public order for industries and professions subject to conditions as specified in this Decree;

3. Provide training and guidance on security and public order protection for security forces of businesses engaged in industries and professions subject to conditions regarding security and public order;

4. Establish a reporting system for the implementation of regulations on security and public order for industries and professions subject to conditions as stipulated in this Decree;

5. Guide the procedures and formalities for issuing the "Certificate of Compliance with Conditions for Security and Public Order" and receiving commitments from organizations and individuals engaged in industries and professions subject to conditions regarding security and public order to comply with relevant regulations;

6. Guide police forces at all levels to conduct inspections on security and public order for businesses engaged in industries and professions subject to conditions regarding security and public order according to the following contents:

a) Verify valid documents related to the operation of industries and professions subject to conditions regarding security and public order; compare the business content recorded in the license with the actual operation of the business;

b) Check compliance with conditions regarding security and public order as stipulated in this Decree and the guidelines issued by the Ministry of Public Security for each specific type of profession;

c) Inspect persons and means related to the activities of businesses suspected of violating the law as provided;

d) Inspections must be carried out in accordance with the current inspection procedures established by the Government for enterprise inspections.

Article 12. The Ministry of Planning and Investment and the Ministry of Foreign Affairs are responsible for coordinating with the Ministry of Public Security:

1. Direct provincial planning and investment departments and registration authorities at all levels to guide organizations and individuals applying to register for industries and professions subject to conditions regarding security and public order in accordance with the provisions of the law;

2. Guide foreign organizations and individuals, and overseas Vietnamese seeking to invest in industries and professions subject to conditions regarding security and public order as stipulated in this Decree;

Article 13. The Ministry of Finance, in collaboration with the Ministry of Public Security, shall guide the collection and use of fees for issuing the "Certificate of Compliance with Conditions for Security and Public Order" for organizations and individuals engaged in industries and professions subject to conditions regarding security and public order.

Article 14. Ministries, agencies equivalent to ministries, agencies under the Government, and People's Committees of provinces and centrally-administered cities within their functions, tasks, and powers shall cooperate with the Ministry of Public Security in managing and inspecting the activities of organizations and individuals engaged in industries and professions subject to conditions regarding security and public order managed by their respective ministries, sectors, and localities.

Chapter IV

REWARD AND VIOLATION HANDLING

Article 15. Organizations and individuals who have achieved results in implementing this Decree shall be considered for commendation and rewards in accordance with the law.

Article 16. Organizations and individuals engaged in industries and professions subject to conditions regarding security and public order who violate the provisions of this Decree and other related legal documents will be subject to administrative penalties, suspension of operations, revocation of the "Certificate of Compliance with Conditions for Security and Public Order," or criminal prosecution, depending on the nature and severity of the violation, as provided by law.

Article 17. Any person who abuses their position or authority to improperly implement legal regulations in the management, inspection, and handling of violations in industries and professions subject to conditions as stipulated in this Decree shall be subject to disciplinary action, administrative penalties, or criminal prosecution, depending on the nature and severity of the violation, as provided by law.

Chapter V

IMPLEMENTING PROVISIONS

Article 18. Organizations and individuals engaged in industries and professions subject to conditions regarding security and public order who have been issued a "Certificate of Compliance with Conditions for Security and Public Order" pursuant to Government Decree No. 17/CP dated December 23, 1992, if they meet the conditions set forth in this Decree, may continue their operations without having to submit a commitment or reissue the "Certificate of Compliance with Conditions for Security and Public Order." However, during the course of business operations, they must comply with the provisions of this Decree and the guidelines issued by the Ministry of Public Security.

Article 19. This Decree takes effect fifteen days after its signing date and replaces Government Decree No. 17/CP dated December 23, 1992, concerning the management of special trades.

The Minister of Public Security is responsible for guiding, supervising, and urging the implementation of this Decree.

Article 20. Ministers, heads of agencies equivalent to ministries, heads of agencies under the Government, and Chairpersons of People's Committees of provinces and centrally-administered cities are responsible for enforcing this Decree./.