Circular No. 08/2012/TT-BCA on Special Protective Passes

CIRCULAR

Regulations on Special Protection Cards

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Based on the Security Guard Ordinance 2005;

Based on Decree No. 128/2006/NĐ-CP dated October 27, 2006 of the Government detailing and guiding the implementation of certain provisions of the Security Guard Ordinance;

Pursuant to Decree No. 77/2009/NĐ-CP dated September 15, 2009 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Based on Decree No. 151/2005/NĐ-CP dated December 14, 2005 of the Government stipulating the powers and responsibilities of specialized agencies for national security protection;

The Minister of Public Security issues this Circular to regulate Special Protection Cards in the People's Police as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates Special Protection Cards; the authority to sign, issue, revoke, and the subjects eligible to receive and use Special Protection Cards in the People's Police; the responsibilities of security guards; and the responsibilities of agencies, organizations, and individuals in implementing the requests of security guards using Special Protection Cards when performing security guard duties.

Article 2. Applicability

This Circular applies to security guards and those authorized to sign, issue, revoke, manage, and store Special Protection Cards in the People's Police; agencies, organizations, and individuals operating or residing within the territory of Vietnam. In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different regulations, such treaty provisions shall apply.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. A Special Protection Card is a card issued by an authorized person to security guards in the People's Police for the purpose of performing security guard duties.

2. Security guards include the Commander and Deputy Commanders of the Security Guard Command; security personnel providing protection to Party and State leaders and foreign guests as specified in the Security Guard Ordinance; the Heads of the General Affairs Department, the Operations Department, the Protection of Party and State Leaders Department, the Protection of Conferences and Foreign Guests Department, the Technical Protection Department, and the 180 Protection Department under the Security Guard Command.

3. Security guard requirements are demands made by security guards to agencies, organizations, and individuals during the performance of security guard duties to ensure absolute safety for protected targets.

4. Protected targets are individuals and objectives for protection as defined in Article 10 of the Security Guard Ordinance 2005.

Article 4. Principles for Issuing and Using Special Protection Cards

1. In accordance with the provisions of the law.

2. Issue to the correct subjects.

3. Use for the intended purpose.

Article 5. Prohibited Conduct

1. Counterfeiting, altering, destroying, stealing, buying, selling, lending, giving, borrowing, issuing, revoking, or using Special Protection Cards illegally.

2. Misusing Special Protection Cards for personal purposes; using them outside the scope of security guard duties.

Chapter II

SPECIFIC PROVISIONS

Article 6. Form of Special Protection Cards

1. Length: Ten Centimeters (10 cm); width: Seven Centimeters (07 cm).

2. The front side has a bright red background with a golden border around it. At the top are two lines of text in sequence from top to bottom: "SOCIALIST REPUBLIC OF VIET NAM" and "VIET NAM". The text "SOCIALIST REPUBLIC OF VIET NAM" is presented in all capital letters, font size 9, upright bold typeface; the text "VIET NAM" is presented in all capital letters, font size 8, upright bold typeface. In the center is the emblem of the People's Police. Behind the emblem is a yellow arrow pointing from left to right. Below are two lines of text in sequence from top to bottom: "SPECIAL PROTECTION CARD" and "SPECIAL PROTECTION CARD". The text "SPECIAL PROTECTION CARD" is presented in all capital letters, font size 20, upright bold typeface; the text "SPECIAL PROTECTION CARD" is presented in all capital letters, font size 15, upright bold typeface.

3. The back side has small patterns printed on a light blue background, with the People's Police emblem embossed around a blue border. At the top are two lines of text in sequence from top to bottom: "IMPLEMENT SECURITY GUARD REQUIREMENTS IMMEDIATELY" and "IMMEDIATELY PERFORM PROTECTION COMMAND". The text "IMPLEMENT SECURITY GUARD REQUIREMENTS IMMEDIATELY" is centered, in all capital letters, font size 13.6, upright bold typeface; the text "IMMEDIATELY PERFORM PROTECTION COMMAND" is centered, in all capital letters, font size 12, upright bold typeface. On the lower right side are four lines of text in sequence from top to bottom: "Hanoi, day... month... year..."; "Hanoi, date... month... year..."; "MINISTER OF PUBLIC SECURITY"; "MINISTER OF PUBLIC SECURITY". The text "Hanoi, day... month... year..." is presented in regular lowercase letters, font size 9, italic typeface; the text "Hanoi, date... month... year..." is presented in regular lowercase letters, font size 8, italic typeface; the text "MINISTER OF PUBLIC SECURITY" is presented in all capital letters, font size 9, upright bold typeface; the text "MINISTER OF PUBLIC SECURITY" is presented in all capital letters, font size 7.5, upright bold typeface. There is a signature of the Minister of Public Security and the stamp of the Ministry of Public Security. On the lower right side is the line "Number:..." presented in regular lowercase letters, font size 9, italic typeface. The Ministry of Public Security's security seal is displayed in the center.

Article 7. Authority to sign, issue, revoke and duration of use of Special Protection Certificate

1. The Minister of Public Security shall sign the Special Protection Certificate and authorize the Commander of the Guard Corps to issue and revoke it.

2. The Special Protection Certificate shall be revoked in cases where a guard officer ceases to perform protective duties, violates regulations on management and use of the Special Protection Certificate, or when the certificate's validity period expires.

3. The validity period of the Special Protection Certificate is five years from the date of signing.

Article 8. Recipients of the Special Protection Certificate

1. Leaders of the Guard Corps when performing protective duties.

2. Guard officers who come into contact with Party and State leaders and international guests as specified in the Guard Law in 2005.

3. Commanders of the General Department, the Operations Department, the Leadership Protection Department, the Conference and International Guest Protection Department, the Technical Protection Department, and the 180th Protection Department under the Guard Corps when performing protective duties.

Article 9. Procedures for issuing and revoking the Special Protection Certificate

1. Recipients of the Special Protection Certificate as stipulated in Article 8 of this Circular must propose issuance of the Special Protection Certificate to the Commander of the Guard Corps for consideration and decision.

For guard officers who come into contact with leaders, they must propose issuance of the Special Protection Certificate and have their direct managing unit commander confirm before submitting to the Commander of the Guard Corps for consideration and decision.

2. The Operations Department under the Guard Corps is responsible for compiling proposals for issuance of the Special Protection Certificate, preparing lists, and submitting them to the Commander of the Guard Corps for consideration and decision.

3. In cases where a guard officer is issued a Special Protection Certificate to perform protective duties during a specific period, upon completion of the protection period, the officer must return the certificate to the issuing unit.

In cases where a Special Protection Certificate is issued to a guard officer who comes into contact with leaders, if the guard officer ceases to perform protective duties or the certificate's validity period expires, the certificate holder must return it to the issuing unit.

In cases of violation of regulations on using the Special Protection Certificate, the Commander of the Guard Corps will issue a decision to revoke it. The violator is responsible for returning the certificate to the issuing unit.

4. Issuance and revocation of the Special Protection Certificate shall be documented in writing, with confirmation from both the issuing and receiving parties.

Article 10. Rights and responsibilities of guard officers issued the Special Protection Certificate

1. Guard officers issued the Special Protection Certificate when performing protective duties shall have the rights specified in Clause 1 and Clause 2 of Article 18 of Decree No. 128/2006/ND-CP dated October 27, 2006, of the Government detailing implementation of certain provisions of the Guard Law.

2. Guard officers issued the Special Protection Certificate shall have the responsibility to:

a) Properly manage and use the Special Protection Certificate for its intended purpose;

b) Propose issuance of a new Special Protection Certificate three months before the expiration of the current certificate;

c) Immediately inform the immediate superior of the unit about loss of the Special Protection Certificate.

Article 11. Handling violations in the management and use of the Special Protection Certificate

Individuals who violate regulations on issuance, revocation, management, storage, and use of the Special Protection Certificate shall be held criminally, administratively, or disciplinarily accountable according to the law and regulations of the Ministry of Public Security, depending on the nature and severity of the violation.

Article 12. Responsibilities of agencies, organizations, and individuals

Organizations, agencies, and individuals are responsible for strictly complying with the requirements of guard officers using the Special Protection Certificate when performing protective duties, and cooperating with guard officers to ensure absolute safety for protected persons.

Chapter III

EFFECTIVE DATE

Article 13. Effective Date

This Circular takes effect from March 22, 2012.

Article 14. Implementation Organization

1. Chiefs of all general departments, heads of units under the Ministry, Directors of provincial public security services, and Directors of provincial fire prevention and firefighting services directly under the central government are responsible for implementing this Circular.

2. The Commander of the Guard Corps is responsible for monitoring, inspecting, and urging implementation of this Circular./.