Circular No. 45/2009/TT-BCA (C11) guiding the implementation of certain articles of Decree No. 52/2008/NĐ-CP dated April 22, 2008 on management of business operations in security services.

CIRCULAR

Guidelines for Implementing Certain Provisions of Decree No. 52/2008/NĐ-CP dated April 22, 2008 on Management of Security Service Business

 on security service business management

 __________________

Pursuant to Decree No. 52/2008/NĐ-CP dated April 22, 2008 of the Government on management of security service business;

Pursuant to Decree No. 136/2003/NĐ-CP dated November 14, 2003 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Public Security;

The Ministry of Public Security issues guidelines for implementing certain provisions of Decree No. 52/2008/NĐ-CP dated April 22, 2008 of the Government on management of security service business (hereinafter referred to as Decree No. 52/2008/NĐ-CP) as follows:

I. SCOPE OF SECURITY SERVICE BUSINESS OPERATIONS

1. The scope of security service business operations permitted under the provisions of Decree No. 52/2008/NĐ-CP and the guidelines herein includes:

a) Human protection services including activities to ensure the safety of life and health of the persons being protected;

b) Property protection services for goods, houses, production and business establishments, office premises of organizations including activities to ensure the safety of property and goods (including activities related to the delivery and receipt of property and goods), houses, production and business establishments, office premises of organizations as agreed upon in the contract;

c) Security and public order protection services for sports, entertainment, and festival activities including activities to ensure safety and maintain security and public order for these activities as agreed upon in the contract.

2. The establishment, registration of business, and all security service activities must be carried out strictly in accordance with the provisions of Decree No. 52/2008/NĐ-CP, the guidelines herein, and other relevant laws.

II. CONDITIONS FOR ESTABLISHMENT AND REGISTRATION OF SECURITY SERVICE BUSINESS

1. For domestic organizations and individuals, they must comply with the provisions of Clause 1 and Clause 2, Article 9 of Decree No. 52/2008/NĐ-CP.

2. In cases of joint ventures with foreign security service businesses, they must comply with the provisions of Clause 5, Article 3 and Clause 3, Article 9 of Decree No. 52/2008/NĐ-CP, the Investment Law 2005, and guiding documents; simultaneously, in the establishment and registration dossier for security service business, the following documents and materials must be included:

a) A confirmation letter from a science and technology management agency at provincial level or higher confirming that the foreign technical equipment used in the joint venture with domestic enterprises is high-tech equipment that Vietnam has not yet been able to produce;

b) Documents proving that the foreign enterprise is solely engaged in security service business and does not conduct any other business activities;

c) Documents proving that the foreign enterprise has a capital and total asset value of US$500,000 or more and has continuously operated in the security service business for five years or more up to the date of registering the joint venture with a domestic enterprise.

3. For security service businesses that have been operating before the issuance of this Circular and whose heads, branches, representative offices, and members of the Board of Members, Board of Directors; General Manager, Deputy General Manager, Director, Deputy Director, and founders who participated in establishing the security service business do not meet the educational qualifications stipulated in Point b, Clause 1, Article 11 of Decree No. 52/2008/NĐ-CP, within three years from the effective date of this Circular, they must comply with the provisions of Decree No. 52/2008/NĐ-CP and the guidelines herein.

III. Dossier, Procedures, Time Limit, and Competent Authority for Issuing Certificate of Compliance with Security and Public Order Conditions

1. Dossier and procedures for requesting issuance of Certificate of Compliance with Security and Public Order Conditions

a) For Enterprises:

- Present the original, submit a copy of the Enterprise Registration Certificate or Investment Certificate and the enterprise logo;

- Submit a personal history form (with attached photograph and confirmed by the People's Committee of the commune where the person resides), clearly stating criminal records, whether or not administrative penalties have been applied according to the Administrative Violations Handling Ordinance or if currently under investigation, prosecution, trial, or serving a suspended sentence, non-custodial reformatory education, residence prohibition, probation, or prohibition from engaging in security service business; a certified copy (legally certified) of the graduation certificate from university or college as prescribed; retirement decision, discharge decision, or resignation decision (if applicable) and the judicial record of the enterprise leaders and managers mentioned in Clause 1, Article 11 of Decree No. 52/2008/NĐ-CP.

- The person sent by the enterprise to contact must present a valid Identity Card or Passport; in case of foreigners, they must present a valid Passport or substitute travel document and submit a copy of the Temporary Residence Permit or Permanent Residence Permit.

b) For Branches and Representative Offices:

- Submit a personal history form (with attached photograph and confirmed by the People's Committee of the commune where the person resides), clearly stating criminal records, whether or not administrative penalties have been applied according to the Administrative Violations Handling Ordinance or if currently under investigation, prosecution, trial, or serving a suspended sentence, non-custodial reformatory education, residence prohibition, probation, or prohibition from engaging in security service business of the head of the branch or representative office;

- Present the original, submit a copy of the Business Operation Registration Certificate, Certificate of Compliance with Security and Public Order Conditions, and the enterprise's request letter.

- The person sent by the enterprise to contact must present a valid Identity Card or Passport.

2. Competent authority for issuing Certificate of Compliance with Security and Public Order Conditions

a) The Department of Administrative Management for Social Order shall receive applications and process the issuance of Certificates confirming compliance with security and public order conditions for foreign-invested enterprises and enterprises permitted to train security guards as stipulated at point b, Clause 2, Section VII of this Circular and their branches and representative offices.

b) The Provincial Public Security Departments' Administrative Management for Social Order Division shall receive applications and process the issuance of Certificates confirming compliance with security and public order conditions for security service enterprises and their branches and representative offices within their localities (excluding enterprises under the jurisdiction of the Department of Administrative Management for Social Order).

3. Time limit for processing the issuance of Certificates confirming compliance with security and public order conditions

Within seven working days from the date of receiving complete valid applications, the public security agency responsible for receiving applications shall examine and process the issuance of Certificates confirming compliance with security and public order conditions for enterprises (according to Model BV1 issued together with this Circular); if the enterprise does not meet the conditions for issuing such certificates, they must notify the enterprise in writing of the specific reasons.

4. Fees for issuing Certificates confirming compliance with security and public order conditions shall be implemented in accordance with the regulations of the Ministry of Finance.

IV. RESPONSIBILITIES OF SECURITY SERVICE ENTERPRISES

1. Organize implementation and guide, urge, and inspect security guards to comply strictly with the provisions of Decree No. 52/2008/ND-CP, guidelines set out in this Circular, and other relevant laws throughout the operation of security services.

2. Implement regular monthly reporting (according to Model BV2 issued together with this Circular) to the public security agency that has issued the Certificate confirming compliance with security and public order conditions within no more than five days from the end of each month; joint ventures with foreign enterprises and enterprises permitted to train security guards must also report simultaneously to the Administrative Management for Social Order Division where the main office of the enterprise is located. In case of sudden incidents related to security and public order, immediate reports must be made to the nearest public security agency for prompt handling.

3. At least ten days before commencing operations, enterprises, branches, and representative offices must notify in writing the Administrative Management for Social Order Division of the provincial public security department, commune police station, ward police station, or town police station where the enterprise, branch, or representative office is located.

One day prior to officially implementing a security contract or rotating security personnel, enterprises, branches, and representative offices must notify in writing (including a list of security personnel working at the security target) the Administrative Management for Social Order Division and the commune police station, ward police station, or town police station where the security target is located.

Each security target must have a designated officer responsible for reporting and coordinating with the public security agency where the security target is located.

4. Implement decisions of the Provincial Public Security Director regarding the mobilization of security personnel to strengthen security and public order when necessary according to the law.

V. EQUIPMENT MANAGEMENT AND USE

1. Types of support tools that can be equipped and procedures, authority for issuing permits to purchase support tools.

Security service enterprises are allowed to equip rubber batons, iron batons, rubber whips, and electric whips. Based on the number of security personnel and actual needs, the enterprise must submit a written request to the public security agency that has issued the Certificate confirming compliance with security and public order conditions to apply for a permit to purchase support tools, specifying the quantity and types of support tools required. The person designated by the enterprise to handle the application must present an introduction letter from the enterprise and show their ID card.

2. Management and use of support tools

a) After purchasing support tools, the enterprise must go to the public security agency that issued the permit to purchase support tools to obtain a permit to use support tools; when applying for the permit to use, they must submit a copy of the permit to purchase support tools and present the original, and submit a copy of the invoice for purchasing support tools.

b) Support tools must be centrally managed at the enterprise and only provided to security personnel when performing duties. After completing the duty, they must return the support tools to the management department at the enterprise.

Strictly prohibit equipping and using support tools outside the purpose of performing security tasks assigned by the enterprise's General Director;

c) Security service enterprises are responsible for strictly managing support tools and must bear legal responsibility for the equipping, management, and use of support tools by their enterprise.

In cases of serious violations of regulations on management, equipping, and use of support tools, or if security personnel of the enterprise use support tools to commit acts infringing upon the lives, health, or property of others, in addition to being dealt with according to the law, depending on the nature and severity of the violation, the security service enterprise may also have its permit to use support tools revoked for three months, six months, or indefinitely. The decision to revoke the permit to use support tools will be made by the public security agency that issued the permit or a higher-level public security agency.

VI. UNIFORMS, BADGES, AND SECURITY GUARD CERTIFICATES

1. Pants, shirts, shoulder straps

a) Spring and summer uniform: European-style black pants with two pleats on the front, diagonal pocket; back right side with one pocket with a lid. Short-sleeved or long-sleeved blue shirt, collar turned up, front with two outside pockets and a raised seam in the middle of the pocket; shirt cuffs raised; two vertical seams running down the center of the front panels, cuffs raised, back with a horizontal seam across the shoulders; left shoulder strap with the shield logo attached 5cm to 6cm from the edge; left chest with a round logo attached 2cm to 3cm from the top of the shirt pocket;

b) Winter uniform: Pants as in the spring and summer uniform; a long-sleeved vest-type outer jacket, matching the color of the pants, with four outside-sewn pockets on the front, a circular logo attached to the left chest pocket, 2 cm to 3 cm from the pocket opening, a shield-shaped logo attached to the left sleeve, 5 cm to 6 cm from the shoulder seam, black plastic buttons; inside is a long-sleeved shirt similar to the summer uniform, standing collar, with a black tie worn.

c) Shoulder boards of the same color as the pants, with horizontal stripes made of yellow velvet, two vertical edges of the shoulder board have red piping; the small end of the shoulder board has a white metal button (with a raised five-pointed star and two crossed ears of corn embracing the star). The size of the shoulder board and the horizontal stripe on it are specified as follows:

- Length of the shoulder board = 125 mm; width: large end = 50 mm, pointed end = 40 mm.

- The horizontal stripe has a width of 7 mm, each stripe is 2.5 mm apart from the next. Security guards have one stripe; team-level commanders have two stripes; department-level commanders have three stripes; Deputy Chairmen of the Board of Management, Deputy Directors of enterprises have four stripes; Chairmen of the Board of Management, Directors of enterprises have five stripes;

d) The winter uniform of security guards of enterprises engaged in security services that were in use before the issuance of this Circular but do not comply with the provisions of this Circular shall still be allowed to continue to be used, but within a period of two years for the spring and summer uniforms and three years for the winter uniforms, starting from the date this Circular takes effect, they must comply with the provisions of this Circular.

2. Shoes, hats, name badges, Certificate of Security Guard

a) Black leather shoes, short ankle, lace-up;

b) Cap (soft cap with brim) the same color as the pants, with a star attached, surrounded by a double pine branch made of white metal measuring 54 mm high and 64 mm wide. The star is made of metal, circular, with a diameter of 36 mm, at the center there is a five-pointed star in gold on a red background, followed by a dark blue background with two golden ears of corn surrounding it. Below the star is a half wheel with the word "BẢO VỆ" and the outer edge of the star is gold;

c) The security guard name badge measures 9 cm x 6 cm, light blue background, with decorative patterns. The top line records the enterprise name (in uppercase red letters), below it is the surname and given name (in uppercase black letters) and includes a photo of the person to whom the badge is issued; at the bottom is the badge number;

d) The Certificate of Security Guard measures 9 cm x 6 cm, the front side has a light blue background with decorative patterns, uppercase red letters, the top records the enterprise name, in the middle is "SECURITY GUARD CERTIFICATE", below is the certificate number and validity period. The back side has a light gray background, the top records "DIRECTOR OF THE COMPANY...", the next line is "CERTIFICATE" (red letters). The following lines are in black, recording the security guard's surname and given name; date of birth; place of permanent residence registration; the next line states "Is a security guard of the Company"; at the bottom is the date of issue and signature of the company director, stamped; on the left side of the Certificate is a photo of the person to whom the Certificate is issued.

VII. TRAINING, INSTRUCTION AND ISSUANCE OF SECURITY BUSINESS LICENSES

1. Annually, when there is a need for training and instructing security guards, enterprises must contact the police agency or organization authorized to train and instruct security guards to develop a training and instruction plan in accordance with the relevant laws.

2. Agencies, units, organizations authorized to train and instruct security guards:

a) People's Public Security Schools, Training Centers for Police Business Skills;

b) Enterprises engaged in security service businesses that meet the conditions stipulated in Decree No. 139/2006/NĐ-CP dated November 20, 2006 detailing and guiding the implementation of certain provisions of the Education Law and the Vocational Education Law, and have completed the procedures for registering vocational training activities according to Decision No. 72/2008/QĐ-BLĐTBXH dated April 16, 2008 of the Minister of Labor, Invalids and Social Affairs regarding the registration of vocational training activities.

Before the commencement of the training course, the enterprise authorized to conduct training must send a document to the Administrative Management Police Department, specifying the start and end dates of the training course (accompanied by a list of students) to request the organization to conduct examinations and issue Security Business Licenses for those trained by their own enterprise; for Police Training and Skill Development Centers, a report must be submitted to the Director of the Provincial Public Security Bureau.

3. Content, program, duration of training and instruction

a) Agencies, units, organizations authorized to train security guards are responsible for compiling the content and training programs to ensure compliance with the law and the practical requirements of security service activities, including the following contents: basic knowledge of politics and law; ethics and professional conduct; security skills and business; regulations on management, use, and skills in using support tools; basic knowledge and skills in fire prevention, firefighting, and first aid for injured persons.

Training materials and program content must be sent to the General Administration of Police (through the Administrative Management Police Department) for monitoring and management before being put into use. In case the General Administration of Police requests modifications or supplements to the content, such requests must be complied with.

b) Each training course for security service personnel must last at least thirty days.

4. Examination Committee

a) For People's Public Security Schools: The head of the school issues a decision to establish an Examination Committee, chaired by the school leadership, with members including representatives of the school's functional units and representatives of the Administrative Management Police Department;

b) For Police Training and Skill Development Centers under provincial public security bureaus: The Director of the Provincial Public Security Bureau issues a decision to establish an Examination Committee, consisting of: the Center's leadership serving as the Chairman of the Committee, and members including representatives of the Administrative Management Police Department, Legal Department, or the Office of the Provincial Public Security Bureau.

c) In the case where it is organized by a business providing security service training: The Director of the Department of Administrative Management under Public Order shall issue a decision to establish an Examination Board with the leadership of the Department of Administrative Management under Public Order serving as the Chairman of the Board and members including representatives from the Legal Department and representatives from the training enterprise.

5. Authority to issue Security Business Certificates

a) The heads of People's Police Training Schools and Centers for Security Business Training and Refresher Courses shall sign and issue Security Business Certificates to individuals trained and educated by their units.

b) The Director of the Department of Administrative Management under Public Order shall sign and issue Security Business Certificates to individuals trained by security service businesses and examined by the Department.

6. Training and education costs shall be borne by enterprises requiring such training.

7. Security Business Certificates issued by authorized public security agencies have nationwide validity.

8. Security Business Certificates issued by authorized units prior to the issuance of this Circular remain valid for use, but within twelve months from the date this Circular takes effect, enterprises must compile lists and recover these certificates and send them back to the Public Order Administrative Management Police Department of the provincial-level public security agency that has issued the Certificate of Compliance with Conditions for Security and Public Order or the location where the enterprise has its main office to exchange for new certificates according to the prescribed form.

VIII. VIOLATION HANDLING

Any violation of the provisions of Decree No. 52/2008/NĐ-CP, the provisions of this Circular, and other relevant laws concerning the organization and operation of security service businesses, apart from being subject to legal penalties, security service businesses will also have their Business Registration Certificates and Certificates of Compliance with Conditions for Security and Public Order revoked, specifically as follows:

1. Revocation of Business Registration Certificate when falling into one of the following cases:

a) Violation of Clause 2, Article 165 of the Enterprise Law 2005;

b) Violation of Article 4; Clause 1, Clause 2, Article 22 of Decree No. 52/2008/NĐ-CP.

2. Revocation of Certificate of Compliance with Conditions for Security and Public Order when falling into one of the following cases:

a) The business has had its Business Registration Certificate revoked;

b) Violation of Article 4; Clause 1, Clause 2, Article 22 of Decree No. 52/2008/NĐ-CP.

c) Using another person's name to establish a security service business or establishing a security service business for others to operate;

d) Engaging in armed activities or private investigation and detective activities in any form;

đ) Using security personnel of the business to commit or through others to commit acts infringing upon the lives, health, reputation, dignity, personal freedom, and other legitimate rights and interests of organizations and individuals;

e) Using security personnel of the business to use force or threaten to use force to obstruct or create difficulties for the normal operations of organizations and individuals;

g) Failing to report regularly on the situation of security and public order to the public security agency as stipulated for twelve consecutive months;

h) Failing to maintain the statutory capital level throughout the business operation period.

3. Authority and Time Limit for Revoking the Certificate of Compliance with Conditions for Security and Public Order

a) Authority to revoke: The head of the public security agency issuing the Certificate of Compliance with Conditions for Security and Public Order or the head of the higher-level public security agency shall issue a decision to revoke.

b) Time limit for revocation:

- Revocation for three months or six months for the first offense, less serious.

- Revocation without time limit for repeated offenses or simultaneous violations of multiple acts listed in Clause 2, Section VIII of this Circular.

IX. EFFECTIVE DATE AND IMPLEMENTATION

1. This Circular takes effect from August 28, 2009, and replaces Circular No. 07/2001/TT-BCA(V19) dated September 18, 2001, guiding the implementation of Decree No. 14/2001/NĐ-CP dated April 25, 2001, on managing security service business operations.

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

3. The Directors of Provincial Public Security Departments and Municipal Public Security Departments directly under the Central Government shall be responsible for directing the Public Order Administrative Management Police Departments and Public Security Departments at the county, district, town, and city levels within the province, and related units to implement this Circular.

4. Quarterly, Provincial Public Security Departments and Municipal Public Security Departments directly under the Central Government must report to the Ministry (through the General Police Department) on the implementation of Decree No. 52/2008/NĐ-CP and this Circular according to the prescribed form.

5. The Directors of General Police Departments, Heads of Units directly under the Minister, Directors of Provincial Public Security Departments and Municipal Public Security Departments directly under the Central Government, and the Fire Prevention and Fighting Police Department of Ho Chi Minh City shall be responsible for organizing the implementation of this Circular according to their functions and tasks.

During the implementation process, if any issues arise, local public security units, related agencies, and organizations should reflect them to the Ministry of Public Security (through the General Police Department) for timely guidance./.