Circular No. 43/2017/TT-BCA stipulates the procedures for issuing and revoking Certificates of Adequate Conditions for Security and Public Order and conducting examinations to issue Professional Security Certificates.

CIRCULAR

Regulations on the procedures for issuing and revoking Certificates of Eligibility for Security and Public Order and conducting examinations to issue Professional Security Certificates
Pursuant to Decree No. 96/2016/NĐ-CP dated July 1, 2016 stipulating security and public order conditions for certain business sectors and occupations subject to conditional business investment;

The Minister of Public Security promulgates this Circular stipulating the procedures for issuing and revoking Certificates of Eligibility for Security and Public Order and conducting examinations to issue Professional Security Certificates.

Pursuant to Decree No. 106/2014/NĐ-CP dated November 17, 2014, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Director of the General Police Department;

This Circular stipulates the procedures for issuing and revoking Certificates of Eligibility for Security and Public Order for business establishments operating in sectors and occupations subject to conditional business investment with security and public order conditions and the procedures for conducting examinations and issuing Professional Security Certificates as prescribed in Decree No. 96/2016/NĐ-CP dated July 1, 2016 stipulating security and public order conditions for certain business sectors and occupations subject to conditional business investment (hereinafter referred to as Decree No. 96/2016/NĐ-CP).

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 2. Principles for implementing the procedures for issuing and revoking Certificates of Eligibility for Security and Public Order and conducting examinations to issue Professional Security Certificates

2. Ensuring transparency and creating favorable conditions for agencies, organizations, and individuals when performing procedures for issuing and revoking Certificates of Eligibility for Security and Public Order and conducting examinations to issue Professional Security Certificates.

2. Ensuring the purpose, requirements, safety, effectiveness, and contributing to national security protection and maintaining public order and social safety.

3. Implementing democratic regulations in the issuance and revocation of Certificates of Eligibility for Security and Public Order and conducting examinations to issue Professional Security Certificates.

4. Staff responsible for issuing and revoking Certificates of Eligibility for Security and Public Order and conducting examinations to issue Professional Security Certificates must bear personal responsibility for guiding, answering questions from agencies, organizations, and individuals, or addressing their proposals.

5. Strictly prohibiting the abuse of assigned duties and powers to seek personal gain, harass, cause inconvenience, or infringe upon the legitimate rights and interests of organizations and individuals.

PROCEDURES FOR ISSUING AND REVOKING

Chapter II

SPECIFIC PROVISIONS

Section 1

CERTIFICATES OF ELIGIBILITY FOR SECURITY AND PUBLIC ORDER

CERTIFICATE OF COMPLIANCE WITH SECURITY AND ORDER REQUIREMENTS

Article 3. Procedures for receiving and examining applications for Certificates of Eligibility for Security and Public Order

a) In case the application is complete

- If the business establishment submits the application directly to the competent police authority, they shall record the receipt of the application according to Model DK1a issued together with Circular No. 42/2017/TT-BCA dated October 20, 2017 of the Minister of Public Security detailing certain provisions of Decree No. 96/2016/NĐ-CP dated July 1, 2016 stipulating security and public order conditions for certain business sectors and occupations subject to conditional business investment (hereinafter referred to as Circular No. 42/2017/TT-BCA) and hand it directly to the person submitting the application;

- If the business establishment sends the application through postal services, the staff responsible for receiving the application shall send the receipt of the application according to Model DK1a issued together with Circular No. 42/2017/TT-BCA through the delivery link of the unit to the business establishment;

- If the business establishment submits the application through the online portal for managing business sectors and occupations subject to conditional business investment with security and public order conditions of the Ministry of Public Security (hereinafter referred to as the Online Portal), the staff responsible for receiving the application shall send the receipt of the application according to Model DK1b issued together with Circular No. 42/2017/TT-BCA to the email address of the business establishment;

b) In case the application is incomplete

- If the business establishment submits the application directly to the police authority, they shall provide guidance on completing the application according to Model DK2 issued together with Circular No. 42/2017/TT-BCA and hand it directly to the person submitting the application;

- If the business establishment sends the application through postal services or submits the application through the Online Portal, they shall send the guidance on completing the application according to Model DK2 issued together with Circular No. 42/2017/TT-BCA through the delivery link of the unit to the business establishment or to the email address of the business establishment;

- After the business establishment has completed the application, they shall proceed according to the provision at point a Clause 1 of this Article;

c) In case the application does not meet the conditions

- If the business establishment submits the application directly to the police authority, they shall not accept the application and must clearly state the reason to the applicant or send a notice about the application not meeting the conditions according to Model DK3 issued together with Circular No. 42/2017/TT-BCA when the business establishment requests it;

- If the business establishment sends the application through postal services or through the Online Portal, they shall complete the notice about the application not meeting the conditions, send it to the business establishment according to Model DK3 issued together with Circular No. 42/2017/TT-BCA through the delivery link of the unit to the business establishment or to the email address of the business establishment;

a) In case the police authority where the branch or subordinate business establishment operates receives the application for a Certificate of Eligibility for Security and Public Order, they shall follow the provisions of Clause 1 of this Article;

b) In case the police authority where the main business establishment is located receives the application for a Certificate of Eligibility for Security and Public Order for the branch or subordinate business establishment, they shall act as follows:

- If the application is complete, they shall record the receipt according to Model DK1a issued together with Circular No. 42/2017/TT-BCA and report to the direct leadership to transfer the application to the police authority where the branch or subordinate business establishment operates so that this police authority can issue the Certificate of Eligibility for Security and Public Order for the business establishment and directly manage it;

- If the file is incomplete or does not meet the conditions for issuing the Certificate of Compliance with Security and Public Order Conditions, it shall be handled in accordance with points b and c of Clause 1 of this Article.

Article 4. Procedures for Reviewing, Approving Files and Issuing Certificates of Compliance with Security and Public Order Conditions

1. After receiving a request for issuance of a Certificate of Compliance with Security and Public Order Conditions, the officer responsible for receiving the file shall examine and propose in writing the procedures for issuing new, replacing, or reissuing such certificates according to the following provisions:

a) For files submitted to the Administrative Management Police Bureau, a proposal shall be made to the leadership of the Department guiding management of industries and trades subject to security and public order conditions and seals.

b) For files submitted to the Provincial Public Security Administrative Management Police Department: A proposal shall be made to the command of the Registration and Management Team of firearms, explosives, tools, and conditional trades concerning security and public order and seals.

c) For files submitted to the County Public Security Office: A proposal shall be made to the command of the Administrative Management Police Team.

2. The leadership of the Departments and commands of Teams specified in Clause 1 of this Article shall be responsible for reviewing and checking the files and proposing in writing to the competent leadership specified in Clause 3 of this Article to approve the issuance of new, replacement, or reissue of Certificates of Compliance with Security and Public Order Conditions.

3. The leadership of the Administrative Management Police Bureau; the leadership of the Provincial Public Security Administrative Management Police Department; and the leadership of the County Public Security Office shall be responsible for examining and approving, signing Certificates of Compliance with Security and Public Order Conditions proposed by subordinate levels.

4. After the competent leadership signs the Certificate of Compliance with Security and Public Order Conditions, the officer assigned to receive the file shall record all information in the register managing the issuance of Certificates of Compliance with Security and Public Order Conditions according to Form DK10 issued together with Circular No. 42/2017/TT-BCA.

Article 5. Procedure for Issuing the Certificate of Compliance with Security and Public Order Conditions and Establishing Management Files

1. In cases where the certificate is issued directly to the business establishment, the staff responsible for issuing the Certificate of Compliance with Security and Public Order Conditions shall follow the provisions below:

a) Check the receipt of the file, check the Citizen Identity Card or Identity Card or Passport of the person authorized to receive the Certificate of Compliance with Security and Public Order Conditions;

b) Request the person authorized to receive the Certificate of Compliance with Security and Public Order Conditions to sign in the management book for issuance of the Certificate of Compliance with Security and Public Order Conditions;

c) Write out a receipt and collect the fee for the assessment of the Certificate of Compliance with Security and Public Order Conditions according to the regulations of the Ministry of Finance.

3. After completing the issuance of the Certificate of Compliance with Security and Public Order Conditions, the officer responsible for managing the file shall establish and preserve the file according to the regulations on file management of the Police.

Article 6. Procedures for Revoking Certificates of Compliance with Security and Public Order Conditions

1. The officer assigned the task of managing the business establishment shall propose in writing the revocation of the Certificate of Compliance with Security and Public Order Conditions of the business establishment in the cases prescribed in Article 18 of Decree No. 96/2016/NĐ-CP and implement the following provisions:

a) For Certificates of Compliance with Security and Public Order Conditions issued by the Administrative Management Police Bureau, a proposal shall be made to the leadership of the Department guiding management of industries and trades subject to security and public order conditions and seals;

b) For Certificates of Compliance with Security and Public Order Conditions issued by the Provincial Public Security Administrative Management Police Department, a proposal shall be made to the command of the Registration and Management Team of firearms, explosives, tools, and conditional trades concerning security and public order and seals;

c) For Certificates of Compliance with Security and Public Order Conditions issued by the County Public Security Office, a proposal shall be made to the command of the Administrative Management Police Team.

2. The leadership of the Departments and commands of Teams specified in Clause 1 of this Article shall be responsible for checking and signing a proposal to the competent leadership specified in Clause 3 of this Article to examine and approve, sign the decision to revoke the Certificate of Compliance with Security and Public Order Conditions of the business establishment.

3. The leadership of the Administrative Management Police Bureau, the leadership of the Provincial Public Security Administrative Management Police Department, and the leadership of the County Public Security Office shall be responsible for:

a) Examining, approving, and signing the decision to revoke the Certificate of Compliance with Security and Public Order Conditions of the business establishment according to Form DK6 issued together with Circular No. 42/2017/TT-BCA;

b) Approving and signing a notification to the registration authority or the competent authority allowing the business establishment to operate regarding the revocation of the Certificate of Compliance with Security and Public Order Conditions of the business establishment.

4. In cases where the Certificate of Compliance with Security and Public Order Conditions was issued to a business establishment for operating multiple industries or stages of investment in a conditional industry but the business establishment only violates one or some industries or stages of investment to the extent that the Certificate of Compliance with Security and Public Order Conditions must be revoked, the following shall be implemented:

a) The revocation of the Certificate of Compliance with Security and Public Order Conditions of the business establishment shall be carried out in accordance with Clauses 1, 2, and 3 of this Article;

b) After revoking the Certificate of Compliance with Security and Public Order Conditions, the competent police agency must issue a new Certificate of Compliance with Security and Public Order Conditions for the business establishment for those industries or stages of investment that have not violated and are still operating. The file for issuing a new Certificate of Compliance with Security and Public Order Conditions shall be carried out in accordance with Clause 1 of Article 21 of Decree No. 96/2016/NĐ-CP.

c) The issuance of a new Certificate of Compliance with Security and Public Order Conditions for industries or stages of investment that have already committed violations leading to the revocation of the Certificate of Compliance with Security and Public Order Conditions shall be carried out in accordance with Article 22 of Decree No. 96/2016/NĐ-CP.

5. The handover and receipt of the Certificate of Compliance with Security and Public Order Conditions of the business establishment being revoked must be recorded in a protocol according to Form DK9 issued together with Circular No. 42/2017/TT-BCA.

6. After completing the revocation of the Certificate of Security and Public Order Conditions, the officer responsible for managing the file shall establish and preserve the file in accordance with the regulations on the file system of the Police.

Section 2

PROCEDURE FOR TESTING AND ISSUING PROFESSIONAL SECURITY CERTIFICATES

Article 7. Examination of security business skills for security service staff

1. Upon receiving the request for testing the security service staff's professional skills from the training institution, the police officer authorized under Clause 1 and Clause 2 of Article 24 of Decree No. 96/2016/ND-CP shall propose the establishment of the Testing Board for Professional Security Skills (hereinafter referred to as the Testing Board), prepare the test questions and answers, verify the information of the security service staff, and organize the testing of professional skills for the security service staff according to the following provisions:

a) The Testing Board consists of: The Chairman of the Board is the leader of the authorized police agency under Clause 1 or Clause 2 of Article 24 of Decree No. 96/2016/ND-CP, and other members are officers of the unit authorized to conduct the tests. The number of Testing Board members is decided by the Chairman, specifically as follows:

- In the case of testing security service staff trained at institutions and centers specified in Point b, Clause 1 of Article 24 of Decree No. 96/2016/ND-CP, report to the leadership of the Department guiding and managing industries and trades subject to security and public order conditions and seals, submit a written proposal to the leadership of the Social Order Management Administrative Police Bureau for approval and signature of the Decision establishing the Testing Board according to Model DK7 issued together with Circular No. 42/2017/TT-BCA;

- In the case of testing security service staff trained at centers specified in Point b, Clause 2 of Article 24 of Decree No. 96/2016/ND-CP, report to the command of the Registration and Management Division of firearms, explosives, tools, and trades subject to security and public order conditions and seals, submit a written proposal to the leadership of the Social Order Management Administrative Police Department of the provincial police force for approval and signature of the Decision establishing the Testing Board according to Model DK7 issued together with Circular No. 42/2017/TT-BCA.

b) Verify and cross-check the information of the security service staff listed in the registration list for testing and issuing the Professional Security Certificate recorded in the list according to Model DK12 issued together with Circular No. 42/2017/TT-BCA by the training institution.

2. The testing will be conducted in the form of a multiple-choice test lasting 40 minutes, using printed questions (30 questions). Security service staff participating in the testing will only be issued a Professional Security Certificate when they answer correctly at least 25 out of 30 questions compared to the answers provided by the Testing Board.

3. Organization of Examination

The security business skill examination for security service staff shall be organized by the Examination Board in a centralized manner, specifically as follows:

a) Verify and cross-check the content of the information of security service staff participating in the examination with the registration list, issue the Security Business Skill Certificate;

b) Announce the Decision establishing the Examination Board before conducting the examination;

c) Distribute the examination papers;

d) Collect the test papers, check the information self-reported by the security service staff in the test papers, guide the security service staff participating in the testing to sign confirmation on the list after submitting the papers to the Testing Board.

Article 8. Procedure for Grading Tests and Issuing Professional Security Certificates

After completing the organization of the testing of professional security skills, the officer assigned to grade the tests and issue the Professional Security Certificates shall implement the following procedures:

1. Grade the test papers.

2. Classify the test results and compile the test results.

3. Complete the Professional Security Certificate according to Model No. 04 issued together with Decree No. 96/2016/ND-CP for security service staff who have achieved the required results.

4. Submit a written report to the leadership of the Department guiding and managing industries and trades subject to security and public order conditions and seals or the command of the Registration and Management Division of firearms, explosives, tools, and trades subject to security and public order conditions and seals for approval and signature of the Professional Security Certificate and approval and signature of the notification of the test results for the training institution of security service staff.

Article 9. Procedure for issuing the Professional Security Certificate and establishing management files

The officer assigned to return the Professional Security Certificate shall implement the following procedures:

1. Check the Identity Card or Citizen Identification Card or Passport of the person sent by the training institution of security service staff to collect the Professional Security Certificate.

2. Return the Professional Security Certificate and send the notification of the test results for the training institution of security service staff along with the certificate.

3. Write a receipt and collect the testing fee for issuing the Professional Security Certificate according to the regulations of the Ministry of Finance.

4. Establish and hand over the issuance file of the Professional Security Certificate to the officer responsible for managing the file for management according to the regulations on the file system of the Police.

Chapter III

IMPLEMENTATION

Article 10. Effective Date

This Circular takes effect from December 6, 2017.

1. The Director of the General Police Department shall be responsible for guiding, inspecting, and urging the implementation of this Circular.

2. The Directors of the General Departments, Heads of units directly under the Ministry, Directors of Provincial Police Forces, Fire Prevention and Fighting Departments of centrally governed cities, and related agencies, organizations, and individuals shall be responsible for implementing this Circular.

During the implementation process, if there are difficulties or obstacles, local police units and related agencies, organizations, and individuals shall reflect them to the Ministry of Public Security (through the General Police Department) for timely guidance./.