Decree No. 14/2001/ND-CP on Managing Business Activities in Security Services

DECREE

Regarding the management of security service business activities

_______________

THE GOVERNMENT

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

To unify state management over security service business activities, to meet the requirements for ensuring national security, public order, and socio-economic development;

At the proposal of the Minister of Public Security,

DECREE:

Chapter I

GENERAL PROVISIONS

Article 1.

1. This Decree stipulates state management over security service business activities in the following areas:

a) Human security service business activities;

b) Property and goods security service business activities;

c) Production and repair of special technical equipment specifically used for security service activities.

2. Objects and targets listed in the State's catalog that are under the responsibility of military forces and people's police for armed guarding and protection, and those objects specified by law to be guarded and protected by security forces of agencies and enterprises, are not within the scope of this Decree's regulation.

Article 2.

1. Only businesses established and registered for business in accordance with the provisions of this Decree and relevant laws may conduct security service business activities.

2. The following organizations and individuals shall not establish and manage security service businesses:

a) Organizations and individuals prohibited from establishing and managing businesses by the Law on Enterprises and other related legal documents;

b) Individuals currently subject to administrative measures, serving non-custodial sentences, residence bans, probation, or banned by courts from engaging in security service business operations;

c) Individuals with criminal records for intentional offenses or who have been subject to administrative measures and are not yet considered to have had their administrative violations resolved according to the law;

d) Foreign organizations and individuals, overseas Vietnamese, foreign-invested enterprises, or enterprises invested by overseas Vietnamese.

3. The following organizations and individuals shall not directly carry out security service activities:

a) Organizations and individuals as specified in Clause 2 of this Article;

b) Foreign organizations and individuals, overseas Vietnamese, foreign-invested enterprises, or enterprises invested by overseas Vietnamese, except for certain production and repair activities of special technical equipment specifically used for security service activities as provided in Point c, Clause 1, Article 1 of this Decree.

Article 3. All organizations and individuals participating in security service business activities must comply with the provisions of this Decree and relevant laws; they are subject to guidance, inspection, and violation handling by competent state authorities.

Article 4. It is strictly forbidden to establish businesses for secret investigations, to conduct armed security protection activities, or to exploit security service business activities to infringe upon the interests of the State, the rights, and legitimate interests of organizations and individuals.

Any violation of the provisions of this Decree and relevant laws concerning the organization and operation of security service business activities must be promptly detected and dealt with strictly in accordance with the law.

Chapter II

RESPONSIBILITIES OF SUBJECTS PARTICIPATING IN SECURITY SERVICE BUSINESS ACTIVITIES

Article 5.

1. The establishment and registration of security service business operations or expansion of scale and operating areas, or addition of security service business operations must be carried out in accordance with the provisions of this Decree and relevant laws for each type of enterprise.

2. In the application for a Business Registration Certificate or for the addition of security service business operations, there must be a "Certificate of Compliance with Security and Public Order Conditions" issued by the provincial or centrally-administered city police.

Competent state authorities issuing Business Registration Certificates or allowing the addition of security service business operations may only issue Business Registration Certificates after receiving a "Certificate of Compliance with Security and Public Order Conditions" from the provincial police.

Article 6.

1. The application for a "Certificate of Compliance with Security and Public Order Conditions" includes:

a) Application for a "Certificate of Compliance with Security and Public Order Conditions";

b) Documents submitted to the competent state authority for the issuance of a Business Registration Certificate for security service business operations or for the addition of security service business operations;

c) List and biographies (with photographs and confirmation from the local police station where they reside) of founders and key positions expected to be held in the enterprise;

d) Regulations on organizational structure and operation, scope, and scale of security service business operations.

2. Within fifteen days from the date of receipt of complete applications, the provincial police are responsible for processing the issuance of a "Certificate of Compliance with Security and Public Order Conditions" to the applicant.

If the conditions are not met or if the application is incomplete as stipulated in Article 6 of this Decree, the police agency must notify the applicant in writing of the reasons or request additional documentation.

3. Applicants for a "Certificate of Compliance with Security and Public Order Conditions" must pay fees. The fee collection rates and management and usage regulations are prescribed by the Ministry of Finance.

Article 7. At least ten days before commencing security service business operations, the head of the enterprise must notify the provincial police in writing of the location of the headquarters, operating area, and start date of operations, and simultaneously submit copies of the Business Registration Certificate and a list of leadership and management personnel.

Article 8. If a security service business enterprise registers for business in one province but is permitted to open branches, representative offices, or regularly operate security service business operations in another province, it must notify the provincial police in writing and attach a list of employees who will work in that province at least ten days before commencing operations.

Article 9. The head of a security service business enterprise must have a clear record, necessary knowledge of the law, appropriate professional qualifications suitable for the enterprise being managed, experience in security work, and not fall into any of the cases specified in Clause 2, Article 2 of this Decree.

Article 10.

1. Employees of security service businesses must be individuals with clear backgrounds (confirmed by the police station of their place of residence) and not fall under any of the cases stipulated in Clause 3, Article 2 of this Decree.

2. When performing tasks, employees of security service businesses must wear identification badges and have a "Security Guard Certificate" issued by the business director to present when necessary.

Article 11. While conducting security services, if they discover incidents related to public safety and order occurring within the protected area such as fires, explosions, accidents causing injuries or death, disrupting public order, or other acts indicating criminal behavior, the person on duty at that location shall be responsible for protecting the scene, providing first aid to victims, and taking necessary measures to minimize damage as much as possible, while immediately reporting to the nearest police agency for timely handling.

Article 12.

1. The import and export of special technical equipment specifically used for security service activities must be approved in writing by the Ministry of Public Security before applying for import or export permits.

2. Production facilities manufacturing special technical equipment specifically used for security service activities must clearly mark the name of the production facility on the product and register and retain samples with the provincial police.

Chapter III

RESPONSIBILITIES OF MINISTRIES, SECTORS AND PEOPLE'S COMMITTEES AT ALL LEVELS IN MANAGING SECURITY SERVICE BUSINESS ACTIVITIES

Article 13. The Minister of Public Security is responsible to the Government for exercising state management functions over public security and order in the field of security service business operations nationwide and has the following duties and powers:

1. To specify specific conditions regarding public security and order in security service business operations;

2. To direct police agencies at all levels to inspect and guide the implementation of regulations concerning public security and order in security service business operations; to inspect training programs and content for security guard skills; to handle violations of regulations concerning public security and order in the organization and operation of security service businesses within their authority;

3. To propose to the Government to issue or amend relevant legal documents to ensure public security and order in security service business operations.

Article 14. Ministries, ministerial-level agencies, and government agencies, within the scope of their functions, tasks, and powers, are responsible for coordinating with the Ministry of Public Security to manage, direct, and guide the organization and operation of security service businesses according to the provisions of the law.

Article 15. People's Committees at all levels shall exercise state management functions over security service business operations within their authority and in accordance with the guidance and direction of the Ministry of Public Security as stipulated in this Decree and other relevant laws.

Chapter IV

REWARD AND VIOLATION HANDLING

Article 16. Individuals and organizations engaged in security service business operations who make positive contributions to ensuring public security and order shall be considered for rewards according to the general regulations of the State.

Article 17. During the course of operations, security service businesses must comply with regulations on public security and order as directed by the police agencies.

Any violation of the provisions of this Decree and other relevant laws concerning the organization and operation of security service businesses will be subject to administrative penalties or criminal prosecution depending on the nature and severity of the violation. If damage to property occurs, compensation must be provided according to the law.

In the event that a security service business employs individuals who do not meet the criteria specified in Article 2 of this Decree, the police agency may require the business to immediately cease using such individuals.

Article 18. Any abuse of position or power to violate legal regulations in issuing business registration certificates or "Certificates of Compliance with Conditions for Public Security and Order," or any other violations in managing security service business operations, will be subject to administrative disciplinary action or criminal prosecution depending on the nature and severity of the violation.

Chapter V

IMPLEMENTING PROVISIONS

Article 19.

1. Domestic enterprises with 100% domestic capital that were already permitted to conduct security service business operations prior to the issuance of this Decree do not need to reapply for business registration procedures, but must supplement any missing procedures according to this Decree within 60 days from the date this Decree takes effect.

2. Enterprises that were previously allowed by competent state authorities to engage in joint ventures with foreign organizations or individuals or overseas Vietnamese to operate security service businesses prior to the issuance of this Decree may continue their operations until the expiration date stated in their permit, but may not expand their scale, operating areas, or additional security service business sectors. During the continuation period, they must comply with the provisions of this Decree and other relevant laws.

3. Domestic enterprises, joint ventures with foreign organizations or individuals, or overseas Vietnamese engaging in security service business operations without permission from competent state authorities must cease operations.

Article 20. This Decree shall take effect fifteen days from the date of signature.

The Ministry of Public Security shall provide detailed guidance on the implementation of this Decree.

Article 21. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.