Circular No. 33/2010/TT-BCA stipulates specific conditions regarding security and public order for certain business sectors and occupations subject to conditions.

CIRCULAR

Provisions on specific conditions regarding security and public order for certain business sectors and occupations subject to conditions

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Pursuant to the 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;

The Ministry of Public Security shall provide specific provisions on conditions regarding security and public order for certain business sectors and occupations subject to conditions as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular specifies the conditions regarding security and public order set forth in Decree No. 72/2009/NĐ-CP dated September 3, 2009 on conditions regarding security and public order for certain business sectors and occupations subject to conditions (Decree No. 72/2009/NĐ-CP); Decree No. 107/2009/NĐ-CP dated November 26, 2009 on liquefied petroleum gas (LPG) business (Decree No. 107/2009/NĐ-CP) and Decree No. 109/2009/NĐ-CP dated December 1, 2009 on signaling devices for priority vehicles (Decree No. 109/2009/NĐ-CP).

Article 2. Applicability

This Circular applies to:

1. Organizations and individuals engaged in business sectors and occupations subject to conditions regarding security and public order as stipulated in Decree No. 72/2009/NĐ-CP, Decree No. 107/2009/NĐ-CP and Decree No. 109/2009/NĐ-CP.

2. Local police units responsible for managing business sectors and occupations subject to conditions regarding security and public order.

Article 3. Business sectors and occupations subject to conditions regarding security and public order

Business sectors and occupations subject to conditions regarding security and public order as specified in Clause 1, Article 1 of Decree No. 72/2009/NĐ-CP; Clause 6, Article 16; Clause 2, Article 26; Clause 3, Article 29; Clause 4, Article 33; Clause 3, Article 37 of Decree No. 107/2009/NĐ-CP and Clause 1, Article 16 of Decree No. 109/2009/NĐ-CP, including:

1. Production of seals for agencies, organizations, and armed forces units; official seals, title seals, signature seals, and other types of seals.

2. Production, trading of industrial explosives and high-nitrate ammonium nitrate (98.5% or higher) including activities such as production, recycling, storage, purchase, sale of industrial explosives and explosive accessories, high-nitrate ammonium nitrate (98.5% or higher) for civilian use.

3. Activities involving production and trading using industrial explosives and high-nitrate ammonium nitrate (98.5% or higher) including blasting services and other occupations where industrial explosives or high-nitrate ammonium nitrate (98.5% or higher) are used during production and trading.

4. Production, trading, repair of support tools, including activities such as production, assembly, purchase, sale of support tools, accessories of support tools, repair of support tools.

5. Production of fireworks, including activities such as production, trading, export, import of fireworks and raw materials for producing fireworks.

6. Providing accommodation services, including hotel, guesthouse operations or other forms of accommodation services for overnight stays or hourly rentals.

Organizations and individuals providing housing to Vietnamese citizens for residence, work, or study are not within the scope regulated by Decree No. 72/2009/NĐ-CP and this Circular but must comply with the provisions of the Law on Household Registration.

7. Providing housing to foreign organizations and individuals for residence or office use.

8. Printing activities, including prepress, printing, post-printing processing, and color photocopying.

9. Pawnshop business, including lending money with the condition that the borrower must provide collateral.

10. Karaoke business, including various forms of business activities involving singing along with video tapes, discs or other recording technologies.

11. Dance club business, including various forms of business activities involving dancing at establishments meeting the legal requirements.

12. Massage service business, including physical therapy methods aimed at restoring and enhancing human health (excluding establishments providing employment for persons with disabilities).

13. Electronic game business with rewards for foreigners.

14. Casino business.

15. Debt collection service business.

16. Liquefied Petroleum Gas (LPG) business, including LPG agency trading, LPG cylinder retail stores, LPG refilling stations for cylinders and vehicles, and LPG supply stations.

17. Production and trading of signaling equipment for priority vehicles, including activities such as production, trading, and import of flags, lights, sirens for priority vehicles.

18. Repair of hunting rifles, including activities such as repair and replacement of parts for hunting rifles when authorized by competent state authorities.

Chapter II

SPECIFIC PROVISIONS

Article 4. Conditions relating to security and public order

1. The head of a business, branch, representative office, and the legal representative of a business with conditions relating to security and public order must have a clear criminal record and not fall under any of the cases stipulated in Article 3 of Decree No. 72/2009/NĐ-CP.

2. It is necessary to maintain and ensure compliance with all conditions relating to security and public order throughout the entire business operation period; comply with regulations on public order, safety, environmental hygiene, and not be located in areas prohibited for business operations by law.

3. In addition to the provisions of Clause 1 and Clause 2 of this Article, the following businesses must also ensure fire prevention and firefighting conditions as follows:

a) Businesses involved in production, trading, storage, and use of industrial explosives and high-nitrate ammonium (98.5% or more); production and trading of gas; fireworks production; nightclub trading; accommodation services and renting houses to foreign organizations and individuals for residence or offices from seven floors upwards must have a Certificate of Compliance with Fire Prevention and Fighting Conditions.

b) Accommodation services and renting houses to foreign organizations and individuals for residence or offices from six floors downwards; production, trading, and repair of support tools; electronic games with rewards for foreigners, casinos; printing activities (excluding color photocopying); pawnshop trading; karaoke trading; massage services must have a fire safety inspection report.

4. For businesses using industrial explosives, the Certificate of Compliance with Fire Prevention and Fighting Conditions in the application dossier for the Certificate of Compliance with Security and Public Order Conditions is the Certificate of Compliance with Fire Prevention and Fighting Conditions at the storage area for industrial explosives. In case the business rents a warehouse for storing industrial explosives, it must provide proof of rental.

5. Businesses with conditions relating to security and public order that fall under any of the following cases do not need to submit the Certificate of Compliance with Fire Prevention and Fighting Conditions or a fire safety inspection report:

a) Businesses located within buildings that have been designed and approved for fire prevention and fighting.

b) Businesses producing seals; debt collection services; massage services; color photocopying; production and trading of signaling devices for priority vehicles.

Article 5. Dossiers, procedures, and authority for issuing Certificates of Compliance with Security and Public Order Conditions and management of businesses

1. The Confirmation of Compliance with Security and Public Order Conditions and the Certificate of Compliance with Security and Public Order Conditions stipulated in Decree No. 72/2009/NĐ-CP and Decree No. 107/2009/NĐ-CP referred to in this Circular are collectively called the Certificate of Compliance with Security and Public Order Conditions.

2. Dossier for issuing the Certificate of Compliance with Security and Public Order Conditions

Individuals and organizations submit one set of dossiers to the competent police agency responsible for issuing the Certificate of Compliance with Security and Public Order Conditions; the dossier includes:

a) A request for issuance of the Certificate of Compliance with Security and Public Order Conditions.

b) Submission of a valid copy of one of the following documents: Business Registration Certificate (as prescribed in Decree No. 43/2010/NĐ-CP dated April 15, 2010 on business registration); Business Registration Certificate; Investment Certificate; Operation Registration Certificate (for branches of businesses); Tax Registration Certificate (for revenue-generating organizations).

Businesses engaged in trade with conditions relating to security and public order must have a Business Registration Certificate according to Clause 2, Article 49, and Clause 1, Article 51 of Decree No. 43/2010/NĐ-CP.

c) A valid copy of the Certificate of Compliance with Fire Prevention and Fighting Conditions or a fire safety inspection report as prescribed in Clause 3 and Clause 4 of Article 4 of this Circular.

d) A personal history form (with one 4x6mm photo attached) of the head of the business, branch, representative office, and the legal representative of the business with conditions relating to security and public order (certified by the People's Committee of the commune, ward, town where the permanent household registration is registered or the directly managing state agency). If they are foreigners or overseas Vietnamese, they must provide a personnel form (with one 4x6mm photo attached), a copy of their passport, and residence card (to present the original for verification).

3. In case of reissuing or exchanging the Certificate of Compliance with Security and Public Order Conditions, only a request specifying the reasons and submission of a valid copy of relevant documents justifying the need for reissuance or exchange of the Certificate of Compliance with Security and Public Order Conditions are required.

4. Responsibilities and authority for issuing the Certificate of Compliance with Security and Public Order Conditions and managing businesses are implemented as follows:

Within seven working days from the date of receipt of complete and valid dossiers, the police agency is responsible for issuing the Certificate of Compliance with Security and Public Order Conditions.

a) The Department of Administrative Management for Social Order is responsible for receiving dossiers and issuing the Certificate of Compliance with Security and Public Order Conditions and managing the following businesses:

- Production, trading of industrial explosives, high-nitrate ammonium (98.5% or more); blasting services; production, trading, and repair of support tools; hunting rifle repair; production, import, and export of fireworks; trading of electronic games with rewards for foreigners; casinos; five-star hotels.

- Businesses with conditions relating to security and public order belonging to enterprises established by the Government with foreign investment capital licensed by the Ministry of Planning and Investment.

- Businesses and revenue-generating organizations engaged in trade with conditions relating to security and public order belonging to units under the General Departments of the Ministry of National Defense and the Ministry of Public Security.

- Businesses with conditions relating to security and public order belonging to central political organizations.

b) The Provincial Police Department's Administrative Management for Social Order Branch is responsible for receiving dossiers and reviewing the issuance of the Certificate of Compliance with Security and Public Order Conditions and managing the following businesses (except those specified in point a, Clause 4 of this Article):

- Manufacturing seals; producing, trading with the use of industrial explosives, using high nitrate ammonium (98.5% or more).

- Businesses: Accommodation services; renting houses to foreign organizations or individuals for residence or office purposes; printing activities; debt collection services; nightclub operations.

- Producing, importing signaling equipment for priority vehicles.

- Business establishments with security and public order conditions belonging to self-financing organizations under central-level agencies.

- Business establishments with security and public order conditions belonging to self-financing organizations at provincial level.

- Business establishments with security and public order conditions authorized by the Department of Public Order Administration to the Public Order Administration Police Departments of provincial-level public security organs.

c) The police force of districts, counties, towns, and cities directly under provinces shall be responsible for receiving applications and assessing to issue Certificates of Security and Public Order Conditions and managing such establishments (except those specified in points a and b of Clause 4 of this Article):

- Pawnshop services.

- Gas agency trading, gas cylinder retail stores, gas refilling stations for cylinders and vehicles, gas supply stations.

- Trading signaling equipment for priority vehicles.

- Karaoke, massage (including body massage and therapeutic massage) businesses.

- Business establishments with security and public order conditions that are not enterprises: Renting accommodation; renting houses to foreign organizations or individuals for residence or office purposes; printing activities.

- Self-financing organizations operating businesses with security and public order conditions under county-level agencies.

d) Central-level municipalities, based on local circumstances, the Municipal Public Security Director shall assign management responsibilities for business sectors with security and public order conditions (excluding those specified in point a of Clause 4 of this Article) to the Public Order Administration Police forces at various levels.

5. In cases where a business location involves multiple sectors with security and public order conditions, the issuance of Certificates of Security and Public Order Conditions shall be carried out as follows:

a) If managed by one business owner but within the authority to issue Certificates of Security and Public Order Conditions of the public security organ as stipulated in points a, b, c, and d of Clause 4 of this Article, the highest-level public security organ responsible for management shall examine the security and public order conditions and issue a single Certificate of Security and Public Order Conditions covering all such sectors.

b) If managed by different business owners but within the authority to issue Certificates of Security and Public Order Conditions of the public security organ as stipulated in points a, b, c, and d of this Clause, the highest-level public security organ responsible for management shall examine the security and public order conditions and issue Certificates of Security and Public Order Conditions for each business owner at that location.

6. For branches and business locations directly under business establishments with headquarters outside the main business location, Certificates of Security and Public Order Conditions must be issued for each branch and direct establishment.

7. Certificates of Security and Public Order Conditions issued to business establishments using industrial explosives for mineral exploration, mining, and civilian construction projects with limited duration shall have their validity period recorded according to the term specified in the permit granted by the competent state management agency for the use of industrial explosives.

Article 6. Responsibilities of organizations and individuals engaged in industries and trades subject to conditions regarding national security and public order

1. General responsibilities

The head of the enterprise, branch, representative office, and the legal representative of the business establishment shall be responsible under the law for complying with regulations on national security and public order and implementing the following contents:

a) Only conduct business activities when holding a Certificate of Compliance with Conditions Regarding National Security and Public Order issued by the authorized police agency; organize implementation and guide, urge, and inspect persons engaged in industries and trades subject to conditions at the establishment to strictly comply with the provisions of Decree No. 72/2009/ND-CP, Decree No. 107/2009/ND-CP, Decree No. 109/2009/ND-CP, guidance provided in this Circular, and related laws throughout the course of operation.

b) Comply with inspections and guidance from the authorized police agency.

c) Report periodically every quarter (last week of the third month) to the police agency that has issued the Certificate of Compliance with Conditions Regarding National Security and Public Order about the situation of compliance with legal regulations and other issues related to national security and public order during business operations.

d) Provide to the authorized police agency: List and relevant information about persons working in the business establishment (including foreigners); floor plan of the production and business area; warehouse layout for industrial explosives, high-nitrate ammonium (98.5% or higher); statistics of equipment for protection work, fire prevention and extinguishing equipment; contact information at the business establishment upon request.

đ) Maintain a record of production and business activities and fully record all information according to the model issued by the Ministry of Public Security accompanying this Circular.

e) When changing the head of the enterprise, branch, and legal representative, notify in writing the authorized police agency.

g) Have a written notice regarding the time of operation or temporary cessation of business operations to the authorized police agency.

h) Not lease, lend, transfer, or modify the Certificate of Compliance with Conditions Regarding National Security and Public Order.

i) For establishments providing massage (massage, physiotherapy), dance halls, karaoke, electronic game services often frequented by foreigners, casinos, debt collection services must register a list of employees and technicians with the police station, commune, ward, town.

2. Specific responsibilities for each industry and trade

a) Production of seals

- Must have a receipt for seal return clearly stating the location and time of returning the seal.

- After completing the seal engraving, must transfer the seal to the authorized police agency for registration as prescribed.

- Engraving of title seals, signature seals, and other types of seals must be accompanied by an Introduction Letter (if it is an organization) and a Personal Identity Card.

- Must have a place to store finished seals, not to lose or damage them.

- Strictly prohibit the use of premises to make fake seals or seals contrary to regulations.

- When discovering individuals or organizations showing suspicious behavior in making seals contrary to regulations, promptly report to the authorized police agency for verification and clarification.

b) Production and trading of industrial explosives and high-nitrate ammonium (98.5% or higher)

- The warehouse storing industrial explosives must meet the specified standards; do not store explosives and flammable materials in the same warehouse.

- Only sell industrial explosives and high-nitrate ammonium (98.5% or higher) to units that have been issued a Certificate of Compliance with Conditions Regarding National Security and Public Order and a permit to use industrial explosives or high-nitrate ammonium (98.5% or higher) by the competent state agency or have a written approval from the General Police Department for Administrative Management of Social Order and Safety - Ministry of Public Security.

c) Production and trading using industrial explosives, using high-nitrate ammonium (98.5% or higher)

- Must have a warehouse to store industrial explosives and high-nitrate ammonium (98.5% or higher) meeting the specified standards; do not store explosives and flammable materials in the same warehouse.

- For production and trading establishments using industrial explosives but hiring blasting service, can only hire blasting service units that have been issued a Blasting Service Permit and a Certificate of Compliance with Conditions Regarding National Security and Public Order.

- The blasting service unit must notify the Provincial Public Order Administrative Management Police Department 10 days in advance of the location where the blasting service will be conducted.

- Managers, blasting supervisors, blasters, and personnel related to the use of industrial explosives and high-nitrate ammonium (98.5% or higher) must have appropriate professional qualifications and training in safety techniques for preventing fires and explosions.

- The use of industrial explosives must be carried out according to the approved design (blasting passport).

- Remaining industrial explosives and high-nitrate ammonium (98.5% or higher) must be returned to the warehouse, not lost or used illegally.

- Strictly prohibit purchasing industrial explosives and high-nitrate ammonium (98.5% or higher) from organizations and individuals without permission to produce and trade these materials.

d) Production, trading, and repair of support tools

- Only purchase support tools and accessories for producing support tools with legal origin and only sell support tools to agencies and organizations that have been issued a Support Tool Purchase Permit by the authorized police agency.

- Only repair support tools for agencies and organizations that have a permit to use support tools issued by the police agency.

đ) Production of fireworks

- The production, storage, and transportation of fireworks must be carried out in accordance with safety procedures and regulations.

- Exporting and importing fireworks and raw materials for fireworks production must have a permit from the authorized police agency. Permits for carrying fireworks, accessories for firing fireworks, and raw materials for fireworks production into and out of the Socialist Republic of Vietnam shall be implemented in accordance with Circular No. 08/2010/TT-BCA dated February 5, 2010, detailing the implementation of certain provisions of Decree No. 36/2009/ND-CP dated April 15, 2009, on the management and use of fireworks.

- Shall only sell fireworks to units and localities permitted to organize fireworks as prescribed in Article 7 of Decree No. 36/2009/NĐ-CP.

e) Renting accommodation

- Must display the business accommodation's internal regulations at easily visible locations.

- Must record all information of guests staying in the guestbook before they enter their rooms and report the stay to the local police station before 23 hours on the same day. If guests arrive after 23 hours, they must be recorded in the guestbook and reported to the police station before 8 am the next morning (including hourly guests). In cases involving security concerns, immediate reports must be made to the local police station.

- If the business reports guest stays through the internet, it must retain complete information about guests who have stayed at the premises for management purposes.

- For guests carrying weapons, auxiliary tools, or explosives, the business must request them to present valid permits issued by authorized police agencies and must strictly manage such items.

- Guests must present one of the following documents: Identity card; Passport; Any photo-bearing documents issued by Vietnamese state management agencies; Work assignment confirmation from organizations or institutions; Confirmation from organizations or institutions conducting official business; Confirmation from the People's Committee of the residential commune, ward, or town.

If guests do not have any of the above documents, the business owner must immediately report to the local police station when allowing them to stay.

- For group guests, the representative or leader must handle check-in procedures for all members but must present personal identification documents for verification and accurate recording in the guest registration book. If group members lack identification, the representative or leader must write a request for accommodation with clear reasons and provide full information of the members for the business to record in the guest registration book.

- Visitors to guests' rooms must present identification at the reception desk, and the business must maintain a logbook with detailed records of relevant information.

- Strictly prohibited from using the premises for criminal activities, drug use, gambling, prostitution, or other illegal acts.

g) Renting houses to foreigners for residence or office use

- For businesses renting houses to foreigners for residence: Must ensure conditions related to hygiene, environment, fire prevention and extinguishing; comply with reporting requirements; promptly inform the police about any information related to security and public order.

Foreigners renting houses for residence must have a valid temporary residence permit in Vietnam and comply with inspections by authorized state agencies.

- For businesses renting houses to foreign organizations or individuals for office use: Must have reception staff on duty; update complete information regarding foreign organizations or individuals renting houses for offices (office name, field of operation, head of the office, total number of employees); require offices and companies to fully comply with regulations concerning security and public order at the premises.

If renting houses for setting up representative offices, branches, or business operations, must require foreign individuals or organizations to provide Representative Office Establishment Permits, Branch Establishment Permits, or Investment Certificates issued by authorized Vietnamese state agencies and comply with inspections by authorized state agencies.

- Business owners must require foreign organizations or individuals renting houses for residence or office use to ensure security and public order, fire prevention and extinguishing, and compliance with internal regulations.

h) Printing activities

- Only accept printing and reproduction of publications when all required procedures and economic contracts as stipulated by law are completed.

- For press products, must have a Press Operation Permit issued by the Ministry of Information and Communications.

- For product labels and packaging: Customers must have a business registration certificate according to the industry, and an introduction letter from the production facility named on the label or packaging. The print sample must bear the signature and seal of the legal entity placing the order.

- For product labels and goods that fall under the mandatory conformity certification list (Vietnamese Technical Regulations - TCVN), must have a conformity certification according to regulations.

- For product labels that are pharmaceuticals or medicines, must have a registration number issued by the Ministry of Health or the Department of Health according to regulations.

- For products printed as counterfeit prevention stamps, must have a sample confirmed by an authorized state agency.

- All activities related to printing plate making and post-printing processing must be fully and specifically recorded in the logbook.

- Strictly prohibited from engaging in illegal printing or connecting plates.

i) Pawnbroking services

- When providing pawnbroking services, the business owner must establish a contract as prescribed. The person pawning or mortgaging must present a valid identity card or passport for the business owner to verify and keep a copy.

- For items belonging to third parties, a valid power of attorney from the owner must be presented.

- Shall not accept items of unknown origin or those obtained through illegal means.

- If there is suspicion that items were obtained through criminal activity, immediate notification must be made to the competent police authority for inspection and handling.

k) Karaoke business

- The karaoke room must comply with the regulations on soundproofing and lighting standards; the door of the room must have clear glass to allow external observation of the entire room; it is not allowed to install locks, bolts, or alarm bells inside the karaoke room; tapes and discs used in the karaoke room must be labeled according to the control regulations; operations are prohibited from midnight to 8 a.m.; however, karaoke rooms in hotels rated four stars or higher may operate from midnight but not later than 2 a.m.

- A list of service staff at the business establishment must be reported to the police station of the locality where the business is located and to the police authority that issued the Certificate of Adequate Conditions for Security and Public Order.

- Staff working at the establishment must be at least 18 years old and have a labor contract.

- It is strictly forbidden to exploit karaoke businesses to organize, broker, or lead prostitution activities; purchase, sell, or use narcotics; gamble, organize gambling, and other illegal activities.

l) Dance halls

- Only tourism accommodation establishments ranked by star ratings, cultural houses, and cultural centers with legal personality and meeting all conditions prescribed by law may operate dance halls; operations are prohibited from midnight to 8 a.m.; however, dance halls in hotels rated four stars or higher may operate from midnight but not later than 2 a.m.

- Individuals with criminal records are not allowed to work at dance halls. Staff working at the establishment must be at least 18 years old and have a labor contract.

- There must be fire prevention and firefighting rules, signs, and instructions; there must be a fire prevention and firefighting force organized for training in fire prevention and firefighting skills; there must be firefighting and evacuation plans approved by the competent authority.

- Establishments operating dance halls must have security guards who are employees of security service companies holding Certificates of Adequate Conditions for Security and Public Order.

- Measures must be taken to prevent individuals from using narcotics within the dance hall or exploiting the operation of the dance hall to buy, sell narcotics, broker prostitution, and other illegal activities.

m) Operating electronic games with rewards for foreigners; operating casinos

- Regulations of the business establishment must be posted; there must be staff checking passports and travel documents of customers; there must be a logbook managing customer service usage; the reward ratio must be registered with the financial authority as prescribed.

- Gaming machines and equipment must meet quality standards, be of the correct type, and be inspected by competent Vietnamese authorities.

- Statistics on the number and types of machines; lists of staff working at the establishment must be compiled.

- Vietnamese nationals residing in the country are not permitted to participate in games at the establishment.

- Establishments operating electronic games with rewards for foreigners and casinos must have security guards who are employees of security service companies holding Certificates of Adequate Conditions for Security and Public Order.

n) Massage and physiotherapy services

- Massage establishments: Must provide a place to store customers' belongings; massage rooms must not be locked from the inside; the upper part of the entrance door must be made of clear glass to allow external observation of the entire room; separate male and female massage rooms must be provided; medical personnel and emergency call systems must be available; massage staff must have labor contracts, professional certificates as prescribed, wear modest attire, and display name badges (with photos); a physician responsible for ensuring professional requirements as prescribed must be present regularly at the establishment; sufficient medications as prescribed must be available; lists of staff and technicians must be reported to the police station of the locality and the police authority that issued the Certificate of Adequate Conditions for Security and Public Order.

- Physiotherapy establishments: Must ensure hygiene and provide a place to store customers' belongings; lists of physiotherapy staff must be reported to the police station of the locality and the police authority that issued the Certificate of Adequate Conditions for Security and Public Order. Physiotherapy staff must have labor contracts as prescribed.

o) Debt collection services

- Employees in debt collection activities must meet the prescribed standards.

- Copies of debt collection service contracts must be submitted to the police authority that issued the Certificate of Adequate Conditions for Security and Public Order before implementing the contract.

- Written notice must be given to the local police station where the debt collection contract will be implemented prior to its execution.

- Debt collection services can only be conducted within the scope permitted by law and upon authorization by the creditor or debtor.

p) Gas sales and distribution (including gas agency sales, gas cylinder retail stores, gas refilling stations for cylinders and vehicles, and gas supply stations)

- Strict adherence to regulations on fire safety must be maintained; fire prevention rules must be posted in visible and easily readable locations.

- Proper procedures for gas filling and supply must be followed; contingency plans for emergencies must be established.

- Gas measuring and filling equipment must be inspected and registered as prescribed.

q) Trading, producing, and importing signaling devices for priority vehicles

- The type, quantity, and name of organizations or individuals purchasing signaling devices for priority vehicles must be clearly and fully recorded for devices produced, traded, or imported.

- Organizations or individuals engaged in the production, trading, or importation of signaling devices for priority vehicles may only install or sell such devices to organizations or individuals authorized by the competent authority to use signaling devices for priority vehicles, as issued by the management and user agencies of priority vehicles.

Article 7. Responsibilities of the Public Security Authority

1. Advise People's Committees at all levels to direct functional agencies in localities to coordinate with public security forces to manage industries and trades subject to conditions regarding national security and public order as stipulated in Decree No. 72/2009/NĐ-CP, Decree No. 107/2009/NĐ-CP, Decree No. 109/2009/NĐ-CP, and the guidance provided in this Circular.

2. The public security authority with management jurisdiction shall be responsible for disseminating regulations on conditions related to national security and public order for industries and trades subject to conditions; methods and tactics of various types of crimes; and guiding business establishments to implement information and reporting systems according to the directives of the Ministry of Public Security; and providing security business training for security personnel of business establishments.

3. Other specialized units within the public security sector when performing their duties must cooperate with units managing industries and trades subject to conditions regarding national security and public order, and fulfill their functions and responsibilities as prescribed; they may not require businesses to perform administrative procedures contrary to their assigned authority, cause inconvenience or difficulties, or abuse their tasks and powers to achieve improper purposes, thereby hindering normal business operations.

4. Police stations, wards, towns

a) Monitor situations related to national security and public order concerning business establishments subject to conditions regarding national security and public order within their jurisdictions.

b) Receive notifications of residence; verify information in the personal history statements of the heads of enterprises, branches, representative offices, or legal representatives of business establishments subject to conditions regarding national security and public order residing within their management areas to assist the Chairpersons of People's Committees of wards, towns, and districts in certifying personal histories as prescribed.

c) Handle violations related to national security and public order of business establishments within their authority.

Chapter III

INSPECTION AND VIOLATION HANDLING

Article 8. Inspection of Compliance with Regulations and Conditions Regarding National Security and Public Order

1. Content of Inspection

Public security authorities with management jurisdiction must conduct inspections of compliance with regulations and conditions regarding national security and public order of business establishments subject to conditions during the management process according to the following contents:

a) Inspect valid documents regarding the operation of industries and trades subject to conditions regarding national security and public order; the business content recorded in licenses and certificates issued by competent state agencies for business establishments against the actual operation of the business establishments.

b) Inspect compliance with conditions regarding national security and public order as stipulated in Decree No. 72/2009/NĐ-CP and the provisions detailed in this Circular for specific industries and trades.

c) Inspect persons and means at business locations related to the activities of business establishments when there are signs of violation of laws.

d) After inspection, a record must be established detailing the results of the inspection, signed by the head or representative of the business establishment, or the violator (if applicable).

2. Periodic Inspection Time

Periodic inspections of compliance with regulations regarding national security and public order shall be conducted annually in the fourth quarter.

3. Inspection Authority

a) Only public security authorities that issue Certificates of Satisfactory Conditions Regarding National Security and Public Order for new business establishments are permitted to conduct periodic inspections of compliance with regulations and conditions regarding national security and public order of business establishments as stipulated in Decree No. 72/2009/NĐ-CP and this Circular.

b) Specialized units under public security authorities at all levels may only conduct inspections of business establishments within their jurisdictions when there are signs of violations or complex situations regarding national security and public order, but after inspection, they must submit a report on the results and form of handling to the public security authority that issued the Certificate.

c) Public security authorities at all levels, based on their assigned functions and tasks, may conduct surprise inspections when required to serve political missions or enhance protection of national security and public order, but such inspections must be approved by the unit’s head or directed by a higher-level public security authority.

d) Higher-level public security authorities have the authority to inspect compliance with regulations and conditions regarding national security and public order of business establishments under the management of lower-level public security authorities.

Article 9. Handling Violations

1. All violations of national security and public order as stipulated in Decree No. 72/2009/NĐ-CP, Decree No. 107/2009/NĐ-CP, Decree No. 109/2009/NĐ-CP, and this Circular, once discovered, must be strictly handled according to the law.

2. Heads of public security authorities that have issued Certificates of Satisfactory Conditions Regarding National Security and Public Order or heads of higher-level public security authorities have the right to revoke such certificates according to the law.

Chapter IV

IMPLEMENTATION

Article 10. Effective Date

1. This Circular takes effect from November 20, 2010, and replaces Circular No. 02/2001/TT-BCA dated May 4, 2001, of the Ministry of Public Security guiding the implementation of Decree No. 08/2001/NĐ-CP dated February 22, 2001, on conditions regarding national security and public order for certain industries and trades subject to conditions.

2. Organizations and individuals who have been granted "Certificates of Satisfactory Conditions Regarding National Security and Public Order" or "Commitments to Implement Regulations and Conditions Regarding National Security and Public Order" according to Decree No. 08/2001/NĐ-CP dated February 22, 2001, on conditions regarding national security and public order for certain industries and trades subject to conditions, may continue their operations, but within twelve months from the effective date of Decree No. 72/2009/NĐ-CP, business establishments subject to conditions regarding national security and public order must fully comply with the provisions of Decree No. 72/2009/NĐ-CP and the provisions of this Circular.

3. Forms accompanying this Circular will be issued to facilitate the management of industries and trades subject to conditions regarding national security and public order.

Article 11. Responsibility for Implementation

1. Ministries, ministerial-level agencies, and provincial people's committees directly under the central government, according to their functions and tasks, shall organize the implementation and coordinate with the Ministry of Public Security to direct the management and inspection of the activities of organizations and individuals engaged in industries and trades subject to conditions regarding national security and public order under their own management.

2. The Director of the General Administration of Administrative Management of Social Order and Safety is responsible for organizing the implementation and directing the Criminal Police Bureau to guide and inspect the implementation of this Circular.

3. The Heads of the General Departments, the Heads of the units directly under the Ministry, the Directors of Provincial Public Security Services, the Central City Public Security Services, and the Directors of Fire Prevention, Firefighting, and Rescue Services shall be responsible for implementing this Circular; they must report periodically every quarter on the results of managing industries with conditional business registration related to security and public order according to the prescribed form to the Ministry (through the General Department of Administrative Police for Public Order and Social Safety).

4. During the implementation of this Circular, if any difficulties arise, the local public security agencies and relevant organizations must promptly reflect them to the Ministry of Public Security (through the General Department of Administrative Police for Public Order and Social Safety) for timely guidance./.