Circular No. 67/2022/TT-BCA amending and supplementing certain articles of Circular No. 46/2014/TT-BCA dated October 16, 2014, issued by the Minister of Public Security detailing the implementation of certain provisions of Decree No. 06/2013/NĐ-CP dated January 9, 2013, of the Government on protecting agencies and enterprises.

CIRCULAR

Amending and supplementing some articles of Circular No. 46/2014/TT-BCA dated October 16, 2014 of the Minister of Public Security detailing the implementation of certain provisions of Decree No. 06/2013/NĐ-CP dated January 9, 2013 of the Government on the protection of agencies and enterprises.

Pursuant to the Law on Management and Use of Weapons, Explosives, and Auxiliary Tools dated June 20, 2017; the Law Amending and Supplementing Certain Provisions of the Law on Management and Use of Weapons, Explosives, and Auxiliary Tools dated November 25, 2019;

Pursuant to Decree No. 06/2013/NĐ-CP dated January 9, 2013 of the Government on the protection of agencies and enterprises;

Pursuant to Decree No. 79/2018/NĐ-CP dated May 16, 2018 of the Government detailing the implementation of certain provisions and measures for enforcing the Law on Management and Use of Weapons, Explosives, and Auxiliary Tools;

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Director of the Economic Security Bureau;

The Minister of Public Security promulgates this Circular amending and supplementing some articles of Circular No. 46/2014/TT-BCA dated October 16, 2014 of the Minister of Public Security detailing the implementation of certain provisions of Decree No. 06/2013/NĐ-CP dated January 9, 2013 of the Government on the protection of agencies and enterprises.

Article 1. Amending and supplementing some articles of Circular No. 46/2014/TT-BCA dated October 16, 2014 of the Minister of Public Security detailing the implementation of certain provisions of Decree No. 06/2013/NĐ-CP dated January 9, 2013 of the Government on the protection of agencies and enterprises.

1. Amend and supplement Article 5 as follows:

Article 5. Coordination work between public security organs and agencies, enterprises in guiding, managing, and inspecting the implementation of protective tasks.

The Economic Security Bureau, the Internal Political Security Bureau, provincial police forces, and centrally-administered city police forces shall be responsible for coordinating with relevant units and heads of agencies, enterprises to organize guidance, management, and inspection of the implementation of protective tasks by the assigned protective forces, specifically:

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

2. Guiding protective work at agencies, enterprises during holidays, major political events, or upon request from agencies, enterprises.

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

4. Guiding and coordinating management and inspection of the implementation of protective tasks according to the regulations of security personnel; management and use of auxiliary tools and equipment provided to protective forces.

5. Guiding the building and consolidation of protective forces at agencies, enterprises as the core in the nationwide movement to protect national security and order, ensuring security and order at agencies, enterprises.

6. Guiding the organization of mid-term and final reviews, evaluations of protective work at agencies, enterprises, and the construction of agencies, enterprises meeting safety standards for security and order; proposing commendation forms for collectives and individuals with outstanding achievements in protecting security and order at agencies, enterprises."

2. Amend and supplement Clause 1, Clause 3, Clause 4, Point a Clause 5 of Article 6 as follows:

"1. Annually, agencies, enterprises shall take the lead and request public security organs with authority as stipulated in Article 5 of this Circular to coordinate in organizing training for security personnel who have not yet received professional training.

In addition to training security personnel who have not yet received professional training, agencies, enterprises shall, based on actual needs, proactively coordinate with public security organs as stipulated in Article 5 of this Circular to organize supplementary and updated courses on professional knowledge for the protective forces of agencies, enterprises.

3. The Economic Security Bureau shall take the lead and coordinate with the Internal Political Security Bureau and relevant units to develop training programs and compile training materials for the protective forces of agencies, enterprises.

4. Training levels and issuance of certificates of professional training for the protective forces of agencies, enterprises are as follows:

a) The Economic Security Bureau and the Internal Political Security Bureau shall organize professional training and issue certificates of professional training for the protective forces of agencies, enterprises under central ministries and departments.

b) Provincial police forces and centrally-administered city police forces shall organize professional training and issue certificates of professional training for the protective forces of agencies, enterprises within their jurisdiction.

5. Responsibilities for leading and coordinating professional training

a) The Economic Security Bureau and the Internal Political Security Bureau shall take the lead and coordinate with relevant units to organize professional training for the protective forces of agencies, enterprises under central ministries and departments.

The Director of the provincial police force and centrally-administered city police force shall assign functional units within the provincial police force and centrally-administered city police force to take the lead and coordinate with relevant units to organize professional training for the protective forces of agencies, enterprises within their jurisdiction."

3. Amending and supplementing Article 8 as follows:

Article 8. Equipping, managing, and using auxiliary tools and types of equipment for the protective forces of agencies, enterprises

1. The protective forces of agencies, enterprises may be considered for equipping with auxiliary tools according to Clause 3 of Article 9 of Circular No. 17/2018/TT-BCA dated May 15, 2018 of the Ministry of Public Security on the provision of weapons, explosives, and auxiliary tools.

2. Procedures for equipping auxiliary tools shall be carried out according to Clause 1 of Article 56 of the Law on Management and Use of Weapons, Explosives, and Auxiliary Tools 2017, amended and supplemented in 2019 (hereinafter referred to as the Law on Management and Use of Weapons, Explosives, and Auxiliary Tools) and Article 3 of Circular No. 16/2018/TT-BCA dated May 15, 2018 of the Minister of Public Security detailing certain provisions of the Law on Management and Use of Weapons, Explosives, and Auxiliary Tools.

3. The management and use of support equipment shall be carried out in accordance with the provisions set forth in Articles 4, 6, 7, 8, 9, and Article 61 of the Law on Management and Use of Weapons, Explosives, and Support Equipment, and Clause 4 of Decree No. 79/2018/NĐ-CP dated May 16, 2018 of the Government detailing and guiding the implementation of certain articles and measures under the Law on Management and Use of Weapons, Explosives, and Support Equipment.

4. Equipping various types of means for security forces protecting agencies and enterprises: Based on actual requirements, the head of the agency or enterprise decides on the equipping and use of various means to serve the protection of security and order at the agency or enterprise, such as surveillance equipment, personnel control machines at the entrance gate of the agency or enterprise, X-ray machines, walkie-talkies..., and must comply with relevant legal regulations.

4. Amend and supplement Article 10 as follows:

"Article 10. Implementation Organization

1. The Economic Security Service is responsible for monitoring, guiding, inspecting, and urging the implementation of this Circular.

2. Annually (before December 15), public security units and localities shall report to the Ministry of Public Security (through the Economic Security Service) on the results of implementing Decree No. 06/2013/NĐ-CP dated January 9, 2013 of the Government on the protection of agencies and enterprises, Circular No. 46/2014/TT-BCA dated October 16, 2014 of the Minister of Public Security detailing the implementation of certain articles of Decree No. 06/2013/NĐ-CP dated January 9, 2013 of the Government on the protection of agencies and enterprises, and this Circular.

5. Omit the phrase "primitive weapons" in Article 1 and point c, Clause 2, Article 6.

Article 2. Effective Date

1. This Circular takes effect from February 15, 2023.

2. When laws, regulations, articles, or clauses thereof cited in this Circular are amended, supplemented, or replaced, the content cited in this Circular shall also be adjusted and implemented according to the amended, supplemented, or replaced laws, regulations, articles, or clauses.

Article 3. Responsibility for Implementation

1. Heads of subordinate units under the Ministry, Directors of Public Security Departments of provinces and centrally-administered cities, and related organizations and individuals are responsible for enforcing this Circular.

2. In case of any difficulties arising during the implementation of this Circular, public security units and localities shall report to the Ministry of Public Security (through the Economic Security Service) for timely guidance./.