Circular No. 46/2014/TT-BCA detailing certain provisions of Decree No. 06/2013/NĐ-CP dated January 9, 2013 on the protection of agencies and enterprises.

CIRCULAR

Detailed regulations on certain provisions of Decree No. 06/2013/NĐ-CP dated January 9, 2013 on protecting agencies and enterprises

Pursuant to Decree No. 77/2009/NĐ-CP dated September 15, 2009 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security (amended and supplemented by Decree No. 21/2014/NĐ-CP dated March 25, 2014);

Pursuant to Decree No. 06/2013/NĐ-CP dated January 9, 2013 on protecting agencies and enterprises (hereinafter referred to as Decree No. 06/2013/NĐ-CP);

At the proposal of the Director General of the General Security Department,

The Minister of Public Security promulgates this Circular detailing the implementation of certain provisions of Decree No. 06/2013/NĐ-CP dated January 9, 2013 on protecting agencies and enterprises.                                                   

This Circular details the implementation of certain provisions of Decree No. 06/2013/NĐ-CP including: Contents of protective measures; organizations and units using state budget funds that may hire regular and long-term security services; coordination work between public security agencies and other agencies and enterprises in managing and inspecting the implementation of protection tasks; security training; security personnel certification; equipping, managing, and using simple weapons, tools, and means for security forces protecting agencies and enterprises.

Article 2. Applicability

This Circular applies to:

1. Vietnamese agencies and enterprises; foreign enterprises and organizations operating within the territory of the Socialist Republic of Vietnam.

2. Security forces protecting agencies and enterprises.

Clause 3. Units and local public security agencies.

4. Agencies, organizations, and individuals related to the protection activities of agencies and enterprises.

Article 3. Contents of protective measures

1. Contents of administrative measures

a) Advising and proposing to the heads of agencies and enterprises to establish, amend, and supplement internal regulations related to security and safety work at agencies and enterprises.

b) Implementing state regulations and internal regulations of agencies and enterprises regarding security and safety work at agencies and enterprises.

c) Cooperating with competent authorities to inspect compliance with laws on residence, weapons, explosives, and support tools; fire prevention and fighting work, and other regulations ensuring security, order, and safety at agencies and enterprises.

d) Upon the consent of the head of the agency or enterprise, being permitted to access administrative documents of the agency or enterprise to serve security and safety work at the agency or enterprise.

2. Contents of mass mobilization measures

a) Cooperating with mass organizations within agencies and enterprises to organize propaganda and dissemination of laws on ensuring security, order, and safety to enhance awareness, vigilance, responsibility, and protective capabilities for officials, employees, and workers in agencies and enterprises.

b) Advising, establishing, and organizing the implementation of programs and plans to launch nationwide movements for protecting national security within agencies and enterprises, guiding officials, employees, and workers to actively participate, and building safe agencies and enterprises in terms of security and order.

c) Understanding situations related to security, order, and safety within agencies and enterprises through direct meetings and exchanges with officials, employees, and workers, through suggestion boxes, hotlines, and encouraging officials, employees, and workers to voluntarily provide information; seeking support and mobilizing officials, employees, and workers to cooperate in resolving complex cases related to security, order, and safety occurring within agencies and enterprises.

3. Contents of patrol and guard measures

a) Patrol is a public activity of security forces carried out within a defined protection area according to the protection plan of the agency or enterprise, including the following contents: - Detecting intruders entering from outside into the interior of the agency or enterprise or leaving from inside to outside to clarify their purpose and motive. - Detecting and preventing violations of laws or internal regulations of the agency or enterprise occurring within the management area of the agency or enterprise.

b) Guarding is a public activity of security forces carried out at specific positions or targets within the management area of the agency or enterprise, including the following contents: - Controlling people entering and exiting the position or target. - Controlling vehicles, objects, and goods moving in and out of the position or target. If signs of violation of laws or internal regulations of the agency or enterprise are detected, they may be required to be inspected to clarify the situation. If a crime is discovered in flagrante delicto, they have the right to arrest and immediately transfer the suspect to the nearest public security agency, People's Procuratorate, or People's Committee. - Detecting and preventing individuals engaging in acts disrupting security and order at the guarded position or target.

Article 4. Organizations and units using state budget may lease regular and long-term security services

1. Schools and other educational establishments as prescribed by the Education Law; medical examination and treatment facilities as prescribed by the Medical Examination and Treatment Law (except for centers for treatment, education, and social labor under the management of the Ministry of Labor, Invalids and Social Affairs and educational institutions and centers of the Ministry of Public Security and the Ministry of Defense).

2. Places used for production and service supply, warehouses, wharfs, and parking lots; cultural, sports, and entertainment centers (excluding construction projects listed in the catalog of important constructions related to national security as stipulated in Decree No. 126/2008/NĐ-CP dated December 11, 2008 and targets of political, economic, diplomatic, scientific and technological, cultural, and social importance as defined by the People's Police Force responsible for armed guarding and protection pursuant to Decree No. 37/2009/NĐ-CP dated April 23, 2009 and Circular No. 20/2010/TT-BCA dated June 23, 2010 issued by the Minister of Public Security detailing implementation of certain provisions of Decree No. 37/2009/NĐ-CP dated April 23, 2009).

Public security units with internal security functions (Internal Political Security, Financial and Monetary Security, Comprehensive Economic Security, Agricultural and Rural Security, Information and Communication Security, Political Security III) shall be responsible for coordinating with relevant units and heads of agencies and enterprises to organize management and inspection of the performance of security forces' duties, specifically:

1. Guiding agencies, enterprises to build and implement programs, plans, schemes, internal regulations, and rules for protecting agencies and enterprises.

2. Guide security work at agencies and enterprises on holidays, festivals, major political events, or upon request from agencies and enterprises.

hoạt động trong các ngày lễ, Tết, các sự kiện chính trị lớn hoặc theo đề nghị của cơ quan, doanh nghiệp.

3. Guide preventive measures, detection, and handling of incidents related to security and public order occurring at agencies and enterprises.

4. Coordinate inspections of the performance of security personnel's duties; management and use of simple weapons, auxiliary tools, and equipment provided to security forces.

5. Guide the organization of mid-term and final reviews, evaluation of security work at agencies and enterprises, and building agencies and enterprises to meet safety standards regarding security and public order; propose commendation forms for collectives and individuals with outstanding achievements in security and public order work at agencies and enterprises.

Article 6. Professional training for security work

2. Content of professional security training

a) Basic knowledge of laws; professional ethics and conduct.

b) Security operational methods.

d) Basic knowledge of fire prevention, firefighting, and rescue of injured persons.

đ) Other contents in accordance with legal regulations and practical requirements in security activities of agencies and enterprises.

a) Security forces at agencies and enterprises under central ministries and sectors shall be trained and issued Certificates by the Departments of Internal Political Security, Financial and Monetary Security, Comprehensive Economic Security, Agricultural and Rural Security, Information and Communication Security, and Political Security III of the Ministry of Public Security.

b) Security forces at agencies and enterprises in localities shall be trained and issued Certificates by the Offices of Internal Political Security, Economic Security, and Financial and Monetary Security under provincial and centrally-administered city public security departments where the agencies and enterprises are located.

5. Responsibilities for organizing professional security training coordination

b) Agencies and enterprises sending employees to participate in professional security training must bear responsibility for training costs, arrange training venues, organize, and manage the training classes.

6. Certificate of Professional Security Training

a) The Certificate of Professional Security Training shall be issued to security personnel of agencies and enterprises who have participated in professional training courses and passed the examination as prescribed.

b) The Certificate of Professional Security Training is valid for use for five years from the date of issuance. After this period, security personnel must undergo retraining to obtain a renewed Certificate. Old certificates will be collected and destroyed.

c) In case the Certificate of Professional Security Training is torn, worn out, or lost, the person who has been issued the Certificate must report to the directly managing agency or enterprise to request the competent authority as stipulated in Clause 4 of this Article to process the replacement or reissue procedures. The time limit for issuing, replacing, or reissuing the Certificate of Professional Security Training is five working days from the completion of the examination or from the date of receipt of the application.

d) The certificate of security training shall be made on white paper with dimensions of 21cm x 15cm, having a light yellow background, red border and the words "GIẤY CHỨNG NHẬN" in red color, while all other characters are in black. At the top is the phrase "SOCIALIST REPUBLIC OF VIET NAM" in size 11, Times New Roman font, all capital letters and bold, and "Independence - Freedom - Happiness" in size 12, Times New Roman font, bold. The name "CERTIFICATE OF INSURANCE OR OTHER FINANCIAL SECURITY" is in size 12, Times New Roman font, all capital letters and bold. All other characters are in regular font, size 14, Times New Roman; specifically according to the following model:

Article 7. Certificate of Security Personnel

1. Security personnel shall use the Certificate of Security Personnel issued by the managing agency or enterprise and must carry it when performing duties.

The agency or enterprise is responsible for stipulating the issuance, replacement, reissuance, recovery, and management of the Certificate of Security Personnel.

2. The person holding the Certificate of Security Personnel is responsible for preserving and protecting it and may not lend it to others; if lost or damaged, they must immediately report to the direct security supervisor who will then report to the head of the agency or enterprise to take timely measures. When no longer serving as security personnel, the Certificate of Security Personnel must be returned to the issuing agency or enterprise.

3. The Certificate of Security Personnel shall be made on white paper with dimensions of 9cm x 6cm, specifically:

a) The front has a brown background, surrounded by a yellow frame with a line width of 0.1cm and a distance of 0.5cm from the edge of the paper, the characters are in light yellow color. At the top is the phrase "SOCIALIST REPUBLIC OF VIET NAM" in size 11, Times New Roman font, all capital letters and bold, and "Independence - Freedom - Happiness" in size 12, Times New Roman font, bold. The name "CERTIFICATE OF SECURITY PERSONNEL" in size 12, Times New Roman font, all capital letters and bold, with a thick line of 0.2cm, height of 0.5cm divided into two lines, the upper line is "CERTIFICATE OF INSURANCE OR OTHER FINANCIAL SECURITY", the lower line is "SECURITY PERSONNEL".

b) The back has a light yellow background; at the top is the name of the issuing agency or enterprise (1) in size 12, Times New Roman font, all capital letters and bold. The phrase "“CERTIFICATION” " is in size 11, Times New Roman font, all capital letters and bold; all other characters are in black, regular font, size 14, Times New Roman; specifically according to the following model:

1. Based on requirements and actual operational conditions, the security forces of agencies and enterprises may be equipped with support tools, including: electric batons, metal batons, rubber batons, knife-catching gloves.

The agency or enterprise shall base on the number of security personnel and actual needs to prepare a file requesting the competent administrative police department to consider and issue permits. After receiving the file, the competent administrative police department shall conduct a review to issue purchase permits and usage permits in accordance with the law.

2. In cases where agencies and enterprises need to equip simple weapons, pepper spray devices, or service animals, they shall follow the provisions below:

a) Local agencies and enterprises submit a request for a permit to purchase simple weapons and support tools to the Provincial Public Security Department's Administrative Police Division; central agencies and enterprises submit their requests to the National Public Security Department's Administrative Police Bureau. The application must include a security plan for targets under the management of the agency or enterprise and the necessity to equip simple weapons and support tools.

b) The National Public Security Department's Administrative Police Bureau is responsible for collecting applications from agencies and enterprises nationwide that require equipment and coordinating with internal security units specified in Clause 4, Article 6 of this Circular to report to the Minister of Public Security for consideration and decision.

3. Management and Use of Simple Weapons

The management and use of simple weapons must comply with the provisions of Article 16 of Decree No. 25/2012/NĐ-CP dated April 5, 2012 detailing the implementation of certain provisions of the Ordinance on the Management and Use of Weapons, Explosives, and Support Tools (hereinafter referred to as Decree No. 25/2012/NĐ-CP) and Article 12 of Circular No. 30/2012/TT-BCA dated May 29, 2012 of the Minister of Public Security detailing the implementation of certain provisions of the Ordinance on the Management and Use of Weapons, Explosives, and Support Tools and the Decree detailing the implementation of certain provisions of the Ordinance (hereinafter referred to as Circular No. 30/2012/TT-BCA).

4. Management and Use of Support Tools

a) Support tools that have not been put into use must be stored in a warehouse or storage place. When placed in a warehouse or storage place, they must be arranged reasonably, separated by type and brand. Agencies and enterprises must inspect and maintain support tools according to the prescribed schedule and maintenance procedures of the manufacturer.

When permitted to equip and use support tools, agencies and enterprises must establish files and records for tracking. Support tools taken out for use must be approved by the head of the agency or enterprise and recorded in the agency or enterprise's file.

b) The person assigned support tools by the agency or enterprise must be trained on the features, effects, and usage skills. Upon completion of the task, the person assigned the support tool must return it to the person responsible for storing the support tool. If the support tool or Usage Permit is lost, the person must immediately report to the head of the directly managing agency or enterprise. If the agency or enterprise loses the Usage Permit or support tool, they must immediately report in writing to the public security agency that issued the Usage Permit for coordination in handling.

c) When using support tools, the person assigned the support tool by the agency or enterprise must comply with the provisions of Article 33 of the Ordinance on the Management and Use of Weapons, Explosives, and Support Tools, Clause 4, Article 24 of Decree No. 25/2012/NĐ-CP, and Clause 2, Article 18 of Circular No. 30/2012/TT-BCA.

5. Other types of equipment Depending on the actual needs for security and public order protection work, the head of the agency or enterprise decides on the provision and use of other types of equipment such as surveillance equipment, personnel control machines at the entrance gate of the agency or enterprise, X-ray machines, walkie-talkies, etc., and must comply with relevant legal provisions.

Article 9. Effective Date

This Circular takes effect from December 6, 2014, and replaces Circular No. 10/2002/TT-BCA dated August 26, 2002, issued by the Minister of Public Security guiding the implementation of Decree No. 73/2001/NĐ-CP dated October 5, 2001, on activities and organization of security forces protecting agencies and enterprises.

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

2. At the end of the second and fourth quarters each year, local police units shall report to the Ministry of Public Security (through the General Department of Security) on the situation and results of implementing Decree No. 06/2013/NĐ-CP and this Circular.

3. The Directors of the General Departments, heads of subordinate units under the Ministry, Provincial Police Chiefs, Chief of Fire Prevention and Fighting Departments of provinces directly under the Central Government, and related organizations and individuals shall be responsible for implementing this Circular.

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