This Decree stipulates the management of hotels and boarding houses to ensure public order and security and prevent illegal activities. Hosts must register with the police, comply with regulations regarding the number of boarders, record information about guests, display signs, and report to the police when they detect unusual occurrences.
适用范围
Hosts include those who operate boarding houses for profit as well as those who do not charge for other business purposes.
要点
- Hosts must register with the police within thirty days from the date this Decree takes effect (Article 1, Article 2).
- Hosts must comply with regulations concerning the number of boarders, display signs, number rooms and beds, post prices, ensure hygiene and safety for guests (Article 6).
- Hosts must fully record guest information when they arrive or leave (Article 7, Article 8).
- Violations of these regulations will be subject to disciplinary actions ranging from warnings to permanent revocation of licenses (Article 10, Article 11).
- Hosts who strictly implement this Decree and promptly report to authorities will be rewarded (Article 12).
🌐 本文件的社会影响
- Positive impact: Helps ensure public order and security, prevents illegal activities, supports the management of hosts' businesses.
- Negative impact: May impose administrative burdens on hosts, restrict freedom of business.
❓ 常见问题
What must hosts do when this Decree comes into effect?
Hosts must register with the police within thirty days from the date this Decree takes effect (Article 1, Article 2).
What documents must hosts prepare?
Hosts must submit an application for permission to operate, a background check of the host and shareholders, a list of service staff, and a layout plan of the premises (Article 2).
Can hosts open hotels after this Decree is promulgated?
Yes, but they must obtain a license and complete registration procedures as prescribed (Article 3).
How will violations of this Decree be handled?
Violations will be penalized with warnings, fines, temporary or permanent revocation of licenses, and even prosecution (Article 10, Article 11).
Which hosts will be rewarded?
Hosts who strictly adhere to this Decree and promptly report to authorities will be rewarded (Article 12).
全文
DECREE
DECREE OF THE MINISTER OF PUBLIC SECURITY NO. 35/NĐ-CA
ISSUED ON FEBRUARY 14, 1959
REGULATING THE MANAGEMENT OF HOTELS AND LODGING HOUSES
THE MINISTER OF PUBLIC SECURITY
Pursuant to Regulation No. 488/TTg dated March 30, 1955 of the Prime Minister on registration of commercial and industrial businesses;
Pursuant to Circular No. 557/TTg dated July 11, 1955 of the Prime Minister on the division of responsibilities for registering commercial and industrial businesses;
To ensure public order and security, prevent illegal activities by exploiting elements, and protect legitimate business operations of lodging house owners;
After consultation with the Ministry of Commerce and approval by the Prime Minister.
DECREE
Article 1: All individuals engaged in the business of operating lodging houses, whether charging rent or not but aiming to conduct other businesses such as running food stalls, horse stables, etc., must complete registration procedures at the police agencies specified in this decree.
Article 2: Within thirty days from the date of promulgation of this decree by the administrative committees of regions, cities, and provinces, all individuals previously engaged in the lodging house business must submit the following documents to the local Public Security Departments, Bureaus, or Offices:
- A request for permission to operate the business.
- A personal history record of the owner and a simple history record of shareholders, each accompanied by a recent half-body photograph measuring 4x6 cm without hats or caps, tilted three-quarters towards the left hand side.
- A list of staff members with brief histories.
- A layout plan of the premises showing the internal arrangement.
While awaiting the issuance of a permit by the police agency, those individuals may continue their operations until a new decision is made.
Article 3: Individuals wishing to open a lodging house after the promulgation of this decree may only commence operations upon obtaining a permit and completing the registration procedures as stipulated in Article 2.
Article 4: In addition to completing registration procedures at the police agency, individuals engaged in the lodging house business must also comply with the commercial and industrial business registration and management policies of the local commerce authorities.
Article 5: After obtaining a permit, individuals engaged in the lodging house business who wish to change the name of the establishment, transfer shares, alter or increase/decrease the number of staff, reduce or expand the scope of the lodging business, close down the establishment, etc., must report to the directly managing police agency ten days in advance. In cases of changing ownership, transferring the establishment to another person, relocating to another province or city, they must obtain prior permission from the local Public Security Department, Bureau, or Office.
Article 6: Individuals engaged in the lodging house business must adhere to the following points:
- They shall not exceed the number of lodgers specified by the local public security authority for each hotel or lodging house.
- They must display a signboard at the entrance, number the rooms and beds, post a price list for lodging fees, provide adequate sanitary facilities, firefighting equipment, and storm protection measures.
- They must ensure the safety of guests, pay special attention to sick guests, prevent the spread of infectious diseases, and have personnel on duty.
- They must separate sleeping areas between men and women, provide sufficient lighting throughout the night.
- When receiving luggage, documents, personal items, and money from guests, they must issue formal receipts. If guests leave behind these items, they must be recorded in a logbook and reported to the nearest police station for resolution.
- Upon identifying suspicious individuals, spies, rogues, prostitutes, escaped convicts, smugglers, or other illegal activities, they must immediately report to the nearest police station.
Article 7: Each time a guest arrives, the lodging house owner must fully and clearly record the guest's full name, age, gender, nationality, place of birth, current occupation, current residence, place of origin, reason for stay, any supporting documents, check-in date, check-out date, next destination, and a form (according to a unified model provided by the police) if there is a police station or outpost nearby, or record it in a logbook (as guided by the county police) if there is no police station or outpost.
Article 8: For places with police stations or outposts, lodging house owners must submit daily guest forms according to designated times, along with the logbook and identity documents of guests to the local police station. If guests arrive after the designated time, the owner must still record all information as required and submit the guest forms to the police station or outpost by 7 AM the following day.
For places without police stations or outposts, lodging house owners must report the logbook and guest identity documents to the village police or neighborhood watch.
Once a logbook is exhausted, the owner must submit it to the village police and continue using a new logbook.
Article 9: When police officers conduct inspections, the lodging house owner has the responsibility to guide them according to the requirements of the police.
Article 10: If a lodging house operator does not operate continuously for two months without a valid reason as determined by the local public security authority, the permit will be deemed invalid.
Article 11: Lodging house operators who violate the provisions of this decree will be subject to disciplinary actions based on the severity of the offense, including warnings, fines, temporary or permanent revocation of permits, or prosecution before a court.
a- Violations of Articles 5, 6, 7, 8, and 9 of this decree may result in one or more concurrent disciplinary measures such as warnings, fines, temporary or permanent revocation of permits, or prosecution before a court.
b- Violations related to business registration regulations will be handled according to Articles 23 and 24 of Regulation No. 489/TTg dated March 30, 1955 of the Prime Minister regarding the registration of commercial and industrial businesses.
Article 12: Lodging house operators who strictly comply with the provisions of this decree and promptly report significant criminal activities to the authorities will be rewarded.
Article 13: Previous regulations contrary to this Decree are abolished.
Article 14: The administrative committees of regions, cities, and provinces, the Secretaries of the General Offices, and the Directors of the Public Order Departments under the Ministry of Public Security are responsible for implementing this decree.
Le Quoc Than
(Signed)
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