Decree No. 66/2017/NĐ-CP on conditions for trading in equipment and software for covert audio recording, video recording, and positioning devices.

DECREE

Regulations on Conditions for Operating Concealed Equipment and Software
Used for Recording Audio, Video, and Positioning

                                                           

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the National Security Law dated December 3, 2004;

1. The Deputy Minister of Public Security responsible for the traffic police force shall be the head of the Criminal Police Investigation Department under the Ministry of Public Security.

Pursuant to the Investment Law dated November 26, 2014;

Pursuant to the Law Amending and Supplementing Article 6 and Appendix 4 on the List of Industries and Trades Subject to Investment and Business Conditions dated January 22,supplemented2016;1 The Government promulgates this Decree stipulating conditions for operating concealed equipment and software used for recording audio, video, and positioning.

The Government promulgates this Decree on regulations regarding entry, exit, and residence policies for foreigners at the International Financial Center in Vietnam.

1. Conditions for operating concealed equipment and software used for recording audio, video, and positioning are security and public order conditions applicable to the business activities involving such equipment and software.urinary catheter2. This Decree stipulates security and public order conditions, state management work, responsibilities of organizations and individuals involved, and enforcement measures concerning the business activities involving concealed equipment and software used for recording audio, video, and positioning.i This Decree applies to agencies, organizations, and individuals from Vietnam and abroad related to investment and business activities, establishment, licensing, registration, and management of business activities involving concealed equipment and software used for recording audio, video, and positioning..

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

In this Decree, the following terms shall be understood as follows:

1. Operating concealed equipment and software used for recording audio, video, and positioning includes: production, assembly, transportation, storage, purchase, sale, export, import, leasing, repair of concealed equipment and software used for recording audio, video, and positioning.

Article 2. Applicability

2. Concealed equipment used for recording audio and video is equipment designed to resemble common devices or objects.

Article 3. Explanation of Terms

3. Concealed equipment used for positioning is equipment with the function of determining location, designed to resemble common devices or objects.

4. Concealed software used for recording audio, video, and positioning is software created to resemble system software, applications, utilities, or tools, or programmed with additional code to secretly record video, take photos, record audio, and determine the position of targets.

5. The person responsible for security and public order at the business premises is:

a) The legal representative, manager, or owner of the business premises listed in the documents specified in point b, Clause 1, Article 9 of this Decree;

b) The person authorized by those specified in point a of this clause to sign the Certificate of Compliance with Security and Public Order Conditions for the Business of Concealed Equipment and Software Used for Recording Audio, Video, and Positioning (hereinafter referred to as the Certificate of Compliance with Security and Public Order Conditions).

Article 4. Principles of Operation and Management

1. Compliance with the Investment Law, this Decree, and other relevant laws; ensuring the interests of the State, rights, and legitimate interests of organizations and individuals.

2. Transparency in management work; creating favorable conditions and ensuring a stable security and public order environment for organizations and individuals to conduct business effectively.

1. Engaging in business operations without a Certificate of Compliance with Security and Public Order Conditions or having such certificate revoked.

2. Exploiting business operations to commit acts harmful to security and public order.

3. Lending, renting, buying, or selling Certificates of Compliance with Security and Public Order Conditions.

Article 5. Prohibited acts

4. Counterfeiting Certificates of Compliance with Security and Public Order Conditions; counterfeiting documents and materials to apply for Certificates of Compliance with Security and Public Order Conditions; altering or erasing contents recorded in Certificates of Compliance with Security and Public Order Conditions.

5. Obstructing or failing to comply with inspection, audit, and violation handling activities conducted by police, military, or competent state management agencies.

6. Illegally producing, assembling, transporting, storing, purchasing, selling, exporting, importing, leasing, or repairing concealed equipment and software used for recording audio, video, and positioning.

7. Misusing authority to create difficulties in issuing or issuing Certificates of Compliance with Security and Public Order Conditions contrary to the provisions of this Decree; obstructing, causing inconvenience, infringing upon the freedom of business of organizations and individuals; covering up violations of law by persons related to the business premises' activities.

5. Obstructing or failing to comply with inspection, supervision, and violation handling activities conducted by the Public Security Organs, Military Forces, or state management agencies authorized to do so.

6. Producing, assembling, transporting, storing, purchasing, selling, exporting, importing, leasing, or repairing in violation of regulations, equipment or software designed for covert audio recording, video recording, or location tracking.

7. Misusing official positions or powers to create difficulties to refuse or issue certificates of compliance with security and public order conditions contrary to this Decree; obstructing, causing inconvenience, infringing upon the business freedom of organizations and individuals; shielding persons involved in the operation of businesses from legal violations.

Chapter II

RULES REGARDING SECURITY, ORDER AND PROCEDURES FOR ISSUANCE, RENEWAL, REPLACEMENT, AND REVOCATION OF LICENSES MEETING SECURITY AND ORDER REQUIREMENTS

Article 6. Security and Order Requirements

1. Compliance with the provisions set forth in Article 7 of Decree No. 96/2016/NĐ-CP dated July 1, 2016, issued by the Government, concerning security and order requirements for certain business sectors and occupations subject to conditions.

2. Only the following business establishments may engage in the sale of equipment and software designed for audio and video recording and location tracking:

a) Business establishments under the Ministry of Public Security that have been granted a License Meeting Security and Order Requirements by the competent authority of the Ministry of Public Security;

b) Business establishments under the Ministry of National Defense that have been granted a License Meeting Security and Order Requirements by the competent authority of the Ministry of National Defense;

c) Business establishments not under the Ministry of Public Security or the Ministry of National Defense that have been granted a License Meeting Security and Order Requirements by the competent authority of the Ministry of Public Security.

Article 7. License Meeting Security and Order Requirements

1. The License Meeting Security and Order Requirements is a document issued by the competent authority of the Ministry of Public Security or the Ministry of National Defense to business establishments specified in Clause 2 of Article 6 of this Decree. The Minister of Public Security shall stipulate the competent authority issuing the License Meeting Security and Order Requirements within the People's Police Force. The Minister of National Defense shall stipulate the competent authority issuing the License Meeting Security and Order Requirements within the People's Army.

2. The License Meeting Security and Order Requirements shall be implemented according to Model No. 01 attached to this Decree.

3. The License Meeting Security and Order Requirements does not specify a usage period, except in the following cases:

a) Business establishments operating with a limited term as prescribed by law;

b) If the license issued by specialized state management agencies for business establishments operating with a limited term specifies a duration, then the usage period of the License Meeting Security and Order Requirements shall not exceed the duration stated in such documents.

4. The person responsible for security and order at the business establishment shall strictly manage the License Meeting Security and Order Requirements and must present it to the police, military, and competent state management authorities upon request.

5. The person responsible for security and order at the business establishment shall store the License Meeting Security and Order Requirements when temporarily ceasing operations. In case the business establishment goes bankrupt or ceases operations, the License Meeting Security and Order Requirements will cease to be valid. Within five days from the date of bankruptcy declaration or cessation of operations, the business establishment must return the License Meeting Security and Order Requirements to the competent authority of the Ministry of Public Security or the competent authority of the Ministry of National Defense that issued the License Meeting Security and Order Requirements.

Article 8. Revocation of the License Meeting Security and Order Requirements

The License Meeting Security and Order Requirements shall be revoked in the following circumstances:

1. Revocation without a time limit:

a) Using false documents or providing inaccurate information in documents to misrepresent the true nature of the documents in order to apply for the License Meeting Security and Order Requirements;

b) After being granted the License Meeting Security and Order Requirements, if the competent authority of the Ministry of Public Security or the competent authority of the Ministry of National Defense conducts post-issuance inspections and finds that the business establishment does not meet the conditions stipulated in this Decree, and despite a conclusion by the police or military within 40 days from the date of inspection that the business establishment does not meet the conditions, the business establishment still fails to rectify these conditions;

c) Not engaging in business activities within six months from the date of issuance of the License Meeting Security and Order Requirements;

d) The business establishment is dissolved or declared bankrupt as prescribed by law;

đ) The business establishment is suspended from operation or has had its licenses revoked by the competent authority as provided in point b, Clause 1, Article 9 of this Decree;

e) Lending, leasing, or selling the License Meeting Security and Order Requirements;

g) Exploiting business activities to harm security and order, leading to a recommendation by the competent authority for immediate revocation of the License Meeting Security and Order Requirements.

2. Revocation with a time limit from three to six months:

a) Engaging in business activities outside the scope, type, or location specified in the License Meeting Security and Order Requirements;

b) Failing to maintain the security and order conditions stipulated in Article 6 of this Decree, despite having been administratively penalized within the previous thirty days but still failing to rectify the situation;

c) Altering or erasing the contents recorded in the License Meeting Security and Order Requirements;

d) Violating security and order regulations, having been administratively penalized two or more times within one year;

đ) Failing to submit quarterly reports to the competent authority of the Ministry of Public Security or the competent authority of the Ministry of National Defense that issued the License Meeting Security and Order Requirements as required for four consecutive quarters.

3. The revocation of the License Meeting Security and Order Requirements as stipulated in Clauses 1 and 2 of this Article shall be carried out by the competent authority of the Ministry of Public Security or the competent authority of the Ministry of National Defense that issued the License Meeting Security and Order Requirements through a decision to revoke. Following revocation, the competent authority of the Ministry of Public Security or the competent authority of the Ministry of National Defense that issued the License Meeting Security and Order Requirements must issue a notification to the business registration authority or the competent authority permitting the business establishment to operate.

Article 9. Procedures for Issuing the Certificate of Compliance with Security and Public Order Conditions

1. Business establishments requesting issuance of the Certificate of Compliance with Security and Public Order Conditions shall submit the application dossier directly or through postal services to the competent authority as prescribed in Clause 1, Article 7 of this Decree; the dossier includes:

a) Application form according to Form No. 02 attached to this Decree;

b) A copy of the Enterprise Registration Certificate or Investment Registration Certificate or Decision on Establishment of the Organization;

c) Description of the system of disguised equipment and software used for recording audio, video, and positioning;

d) Business plan, including: Scope, target customers, product standards and quality; technical plan;

đ) Criminal record certificate of the legal representative, manager, and technical staff;

2. Within twenty days from the date of receipt of a complete and valid dossier, the competent authority shall be responsible for reviewing, assessing, and issuing the Certificate of Compliance with Security and Public Order Conditions; if not issued, it must provide a written response to the business establishment and specify the reasons; in cases requiring additional time for review and assessment of the dossier, the deadline may be extended but not exceeding twenty days and must be notified in writing to the business establishment.

Article 10. Procedures for Reissuing and Renewing the Certificate of Compliance with Security and Public Order Conditions

1. The Certificate of Compliance with Security and Public Order Conditions shall be renewed in cases where it is damaged, contains incorrect information, or has changes in the recorded information on the Certificate of Compliance with Security and Public Order Conditions. The dossier for renewal includes:

a) The business establishment's request for renewal of the Certificate of Compliance with Security and Public Order Conditions (Form No. 02 attached to this Decree) sent to the competent authority;

b) A certified copy of the documents proving the change in the recorded information on the Certificate of Compliance with Security and Public Order Conditions (if applicable);

c) Documents specified in Point đ, Clause 1, Article 9 of this Decree in case of a change in the person named on the Certificate of Compliance with Security and Public Order Conditions of the business establishment;

d) The original Certificate of Compliance with Security and Public Order Conditions that has been issued. The deadline for renewing the Certificate of Compliance with Security and Public Order Conditions does not exceed ten days from the date of receipt of a complete and valid dossier.

2. The Certificate of Compliance with Security and Public Order Conditions shall be reissued in cases of loss; the dossier for reissuance includes:

a) The business establishment's request for reissuance of the Certificate of Compliance with Security and Public Order Conditions (Form No. 02 attached to this Decree);

b) Receipt of payment for fines as prescribed by law (if applicable). The deadline for reissuing the Certificate of Compliance with Security and Public Order Conditions does not exceed twenty days from the date of receipt of a complete and valid dossier.

3. The reissuance of the Certificate of Compliance with Security and Public Order Conditions after its revocation as stipulated in Clause 1, Article 8 of this Decree shall be carried out as follows:

a) Within a period not exceeding six months from the date of revocation of the Certificate of Compliance with Security and Public Order Conditions for cases prescribed in Points b and c, Clause 1, Article 8 of this Decree, if the business establishment meets the conditions prescribed in this Decree and has a need to continue operating, it shall submit the dossier to the competent authority of the Ministry of Public Security or the competent authority of the Ministry of National Defense for reissuance of the Certificate of Compliance with Security and Public Order Conditions; the dossier includes: - The business establishment's request for reissuance of the Certificate of Compliance with Security and Public Order Conditions sent to the competent authority of the Ministry of Public Security or the competent authority of the Ministry of National Defense; - A certified copy of the supplementary documents proving compliance with the conditions for business operation (if applicable).

b) In cases of revocation of the Certificate of Compliance with Security and Public Order Conditions as prescribed in Points a and e, Clause 1, Article 8 of this Decree, if there is no change in the person responsible for security and public order, the business establishment may submit the dossier for reissuance of the Certificate of Compliance with Security and Public Order Conditions twelve months from the date of the decision to revoke. The dossier for reissuance of the Certificate of Compliance with Security and Public Order Conditions shall be carried out as the new issuance dossier prescribed in Article 9 of this Decree.

c) In cases of revocation of the Certificate of Compliance with Security and Public Order Conditions as prescribed in Point g, Clause 1, Article 8 of this Decree, if there is no change in the person responsible for security and public order, the business establishment may submit the dossier for reissuance of the Certificate of Compliance with Security and Public Order Conditions twenty-four months from the date of the decision to revoke, except in cases where there is a different decision of the Court. The dossier for reissuance of the Certificate of Compliance with Security and Public Order Conditions shall be carried out as the new issuance dossier prescribed in Article 9 of this Decree.

Chapter III

RESPONSIBILITIES OF BUSINESS ESTABLISHMENTS AND RESPONSIBILITIES OF STATE MANAGEMENT AUTHORITIES

Article 11. Responsibilities of Business Establishments

1. The person responsible for security and public order at the business establishment shall be responsible for ensuring conditions for security and public order; fully implementing regulations on security and public order stipulated in this Decree and other relevant laws.

2. Within no more than five days from the date of commencing business operations, a notification letter accompanied by a copy of the Certificate of Adequate Conditions for Security and Public Order must be sent to the police station of the commune, ward, or town where the business establishment operates.

3. Maintain continuously the conditions for security and public order prescribed in this Decree throughout the course of business operations.

4. Not use the business establishment to carry out activities contrary to the law that affect security, public order, morality, and traditional customs of the nation.

5. Only sell equipment and software for covert audio and video recording to entities permitted by law to use covert audio and video recording measures, namely: specialized agencies responsible for national security protection, public order, and social safety; agencies responsible for implementing covert audio and video recording measures according to special investigative procedures as provided for in the Criminal Procedure Code.

6. Implement import and export of equipment and software for covert audio and video recording and positioning in accordance with Clause 4, Article 9 of Decree No. 187/2013/NĐ-CP dated November 20, 2013, detailing the implementation of the Law on Trade regarding international trade activities and foreign agency purchase, sale, processing, and transit goods.

7. Record and retain complete information about customers; promptly report to the police any suspicious signs or incidents related to security and public order at the business establishment.

8. In case of loss of the Certificate of Adequate Conditions for Security and Public Order, within three working days, a notification letter must be sent to the competent authority of the Ministry of Public Security or the competent authority of the Ministry of National Defense that issued the Certificate of Adequate Conditions for Security and Public Order.

9. Regularly report quarterly or ad hoc on the situation of security and public order in accordance with the guidance of the Ministry of Public Security and the Ministry of National Defense.

10. Comply with inspections, examinations, and handling of violations by the police and competent state management authorities.

11. Only employ staff aged eighteen years or older who have full civil capacity and are not drug addicts. Do not employ staff who are under investigation, prosecution, trial; serving a suspended sentence; conditionally released prisoners; or serving a non-custodial corrective punishment.

12. Within no more than twenty days from the start of operation, the business establishment has the responsibility to provide the competent authority of the Ministry of Public Security or the competent authority of the Ministry of National Defense that issued the Certificate of Adequate Conditions for Security and Public Order with the following documents:

a) List of persons working at the business establishment;

b) Personal history statement and personnel form of the person responsible for security and public order at the business establishment, managers, and technical staff of the business establishment, except for the person named in the Certificate of Adequate Conditions for Security and Public Order;

c) Documents proving that the business establishment meets all conditions as prescribed in Article 6 of this Decree;

d) Statistics of equipment for security work (if any);

đ) A request in writing for the competent authority of the Ministry of Public Security or the competent authority of the Ministry of National Defense that issued the Certificate of Adequate Conditions for Security and Public Order to replace or reissue the Certificate of Adequate Conditions for Security and Public Order due to loss, damage, expiration, or need to change information recorded in the Certificate of Adequate Conditions for Security and Public Order;

e) If the business establishment temporarily suspends operations, ten days before the suspension date, the business establishment must send a notification letter to the competent authority of the Ministry of Public Security or the competent authority of the Ministry of National Defense that issued the Certificate of Adequate Conditions for Security and Public Order and the police station of the commune, ward, or town where the business establishment operates, clearly stating the reasons and duration of the suspension;

g) Establish a business activity management logbook in a unified format of the Ministry of Public Security and the Ministry of National Defense;

h) Pay the fee for certification of the Certificate of Adequate Conditions for Security and Public Order as prescribed by law.

13. Only deal in equipment and software for covert audio and video recording and positioning with legal origin and source.

14. Arrange storage facilities securely and safely.

15. Quarterly submit reports along with statistics of agencies that purchased equipment and software for covert audio and video recording and positioning to the competent authority of the Ministry of Public Security or the competent authority of the Ministry of National Defense that issued the Certificate of Adequate Conditions for Security and Public Order.

16. When equipment and software for covert audio and video recording and positioning are damaged, organize their destruction.

Article 12. Responsibilities of the Ministry of Public Security

1. Assist the Government in uniformly managing state administration over the business of dealing in equipment and software for covert audio and video recording and positioning.

2. Direct the coordination in reviewing applications before issuing Certificates of Adequate Conditions for Security and Public Order for cases within the jurisdiction of the Ministry of Public Security.

3. Take the lead and coordinate with the Ministry of National Defense, the Ministry of Information and Communications, the Ministry of Industry and Trade, the Ministry of Finance, and other relevant ministries and sectors to manage the business of dealing in equipment and software for covert audio and video recording and positioning as prescribed in this Decree and other relevant laws.

4. Inspect, audit, handle complaints and denunciations, prevent, detect, combat, and handle violations in the business of dealing in equipment and software for covert audio and video recording and positioning in accordance with the law.

Article 13. Responsibilities of the Ministry of National Defense

1. Chair and coordinate with the Ministry of Public Security, the Ministry of Information and Communications, the Ministry of Industry and Trade, and the Ministry of Finance in managing the business activities of equipment and software for covert audio recording, video recording, and positioning within the Ministry of National Defense as stipulated in this Decree and other relevant laws.

2. Direct the coordination in reviewing applications before issuing Certificates of Adequate Conditions for Security and Order within the Ministry of National Defense.

3. Inspect, audit, handle complaints and denunciations, prevent, detect, combat, and deal with violations in the business activities of equipment and software for covert audio recording, video recording, and positioning within the Ministry of National Defense according to the provisions of the law.

Article 14. Responsibilities of the Ministry of Information and Communications

Chair and coordinate with the Ministry of Public Security, the Ministry of National Defense, the Ministry of Industry and Trade, the Ministry of Finance, and related ministries and agencies to develop and issue technical standards for equipment and software for covert audio recording, video recording, and positioning according to the provisions of the law.

Article 15. Responsibilities of the Ministry of Finance

1. Chair and coordinate with the Ministry of Public Security to establish the level of fees, manage, and use fees for assessing security and order conditions for issuing Certificates of Adequate Conditions for Security and Order.

2. Coordinate with the Ministry of Public Security and the Ministry of National Defense to inspect and audit import and export activities; implement inspections and supervision of goods and transportation means, preventing illegal transportation, import, export, temporary import for re-export, temporary export for re-import, and transshipment of equipment and software for covert audio recording, video recording, and positioning.

3. Coordinate with the Ministry of Public Security and the Ministry of National Defense to process temporary import for re-export, temporary export for re-import, and transshipment procedures for equipment and software for covert audio recording, video recording, and positioning brought into Vietnam for security and defense purposes.

Article 16. Responsibilities of Ministries, ministerial-level agencies, government-affiliated agencies, provincial People's Committees, and centrally governed city People's Committees

Within their respective functions, tasks, powers, and authorities, Ministries, ministerial-level agencies, government-affiliated agencies, provincial People's Committees, and centrally governed city People's Committees shall be responsible for coordinating with the Ministry of Public Security and the Ministry of National Defense to manage the business activities of equipment and software for covert audio recording, video recording, and positioning; inspect, audit, and deal with violations according to the provisions of the law.

Chapter IV IMPLEMENTATION PROVISIONS

Article 17. Transitional Provisions

Within twelve months from the date this Decree takes effect, businesses currently engaged in the business of equipment and software for covert audio recording, video recording, and positioning must complete the application procedures for Certificates of Adequate Conditions for Security and Order as stipulated in this Decree. After this period, if they do not have such certificates, businesses must cease their business activities involving equipment and software for covert audio recording, video recording, and positioning.

Article 18. Effective Date

This Decree takes effect from July 5, 2017; for the provision that businesses may only sell equipment and software for covert audio recording, video recording to agencies responsible for implementing secret audio and video recording measures according to the Criminal Procedure Code as stipulated in Clause 5, Article 11 of this Decree, it will take effect from the date the Criminal Procedure Code 2015 comes into force.

Article 19. Responsibility for Implementation

1. The Minister of Public Security and the Minister of National Defense are responsible for guiding and inspecting the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairmen of provincial People's Committees, centrally governed city People's Committees, and related agencies, organizations, and individuals are responsible for implementing this Decree.