Decree No. 72/2009/ND-CP stipulates conditions regarding security and public order for certain business sectors and occupations subject to conditions.

DECREE

REGULATIONS ON SECURITY AND ORDER REQUIREMENTS FOR CERTAIN BUSINESS SECTORS WITH CONDITIONS

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Enterprise Law dated November 29, 2005;

To unify state management over business activities with conditions regarding security and order, to meet the requirements of economic and social development and ensure security, order, and social safety;

Considering the proposal of the Minister of Public Security,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates security and order conditions for the following business sectors with conditions:

a) Stamp production;

b) Production, trading, and use of industrial explosives and high-nitrate ammonium (98.5% or more);

c) Production, trading, repair of support tools, hunting rifle repair; firework production;

d) Accommodation rental; renting houses to foreign organizations or individuals for residence or office use;

đ) Printing activities;

e) Pawnshop services;

g) Karaoke business; dance clubs; massage (including therapeutic massage);

h) Electronic games with rewards for foreigners; casino business;

i) Debt collection services.

2. Based on the situation and requirements of state management concerning security and order at different periods, the Ministry of Public Security shall be responsible for reporting and proposing the Prime Minister to decide on adjusting the business sectors with security and order conditions as appropriate.

Article 2. Applicability

1. Organizations and individuals engaged in business sectors with security and order conditions under all forms of ownership.

2. Organizations and individuals related to registration, establishment, organizational management, and operation of businesses with security and order conditions.

Article 3. Organizations and individuals may not establish, manage enterprises, or directly carry out business activities in sectors with security and order conditions

1. Organizations and individuals prohibited from establishing, managing enterprises, or carrying out business activities in sectors with security and order conditions under the Law on Enterprises and other relevant legal documents.

2. Individuals under 18 years old, those with limited or no civil capacity; drug addicts.

3. Individuals who have been criminally indicted and whose cases are being investigated, prosecuted, or tried by judicial organs.

4. Individuals undergoing community-based education; serving suspended imprisonment, probation, residence ban, suspended prison sentence, or temporary suspension of execution of custodial sentences or placement in medical facilities or educational institutions.

5. Individuals with criminal records for offenses against national security; intentional crimes punishable by ten years or more imprisonment or other crimes directly related to business sectors with security and order conditions that have not been expunged; individuals subject to administrative penalties but have not yet completed the period required to be considered as having no administrative violations.

Chapter II

CONDITIONS FOR BUSINESS OPERATIONS, PROCEDURES FOR ISSUING CERTIFICATES OF COMPLIANCE WITH SECURITY AND ORDER REQUIREMENTS, AND RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS ENGAGED IN BUSINESS SECTORS WITH SECURITY AND ORDER CONDITIONS

Article 4. Conditions for business operations in sectors with security and order conditions

1. The head of the enterprise, branch, representative office, and the legally authorized representative of the business with security and order conditions must have good morals, clear background, and not fall within any of the circumstances specified in Article 3 of this Decree.

2. Businesses in sectors with security and order conditions can only conduct business activities after obtaining a Certificate of Compliance with Security and Order Requirements issued by the competent public security authority.

3. Only Vietnamese individuals and organizations within the country are allowed to produce stamps. Only establishments of the People's Army and the People's Public Security are permitted to produce, trade, and repair support tools and hunting rifles.

4. The location of businesses in sectors with security and order conditions must not be in areas prohibited by law.

Article 5. Documents and Procedures for Issuing Certificates Meeting Conditions for Security and Public Order

1. The application dossier for issuing new certificates meeting conditions for security and public order includes:

a) A request for issuance of a certificate meeting conditions for security and public order;

b) Copies of: Business Registration Certificate (except for family households engaged in business that have not been issued such a certificate); Investment Certificate or Business Registration Certificate (for branches of enterprises); Tax Registration Certificate (for revenue-generating organizations);

c) Fire safety and firefighting condition certificate or inspection report on fire safety and firefighting;

d) Personal history statements of individuals specified in Clause 1, Article 4 of this Decree (with attached photographs and confirmation from the People's Committee at the commune level or directly managing state agencies). If they are foreigners or overseas Vietnamese, they must provide personnel declarations, copies of passports, and copies of residence cards (presenting original documents for verification).

2. Within seven working days from the date of receiving complete and valid dossiers, the competent police authority shall complete the issuance of certificates meeting conditions for security and public order to organizations and individuals. In cases where the conditions are not met, the police authority must issue a written response specifying the reasons.

3. Fees and charges for issuing, replacing, and reissuing certificates meeting conditions for security and public order shall be implemented according to the regulations of the Ministry of Finance.

Article 6. Management, Use, Replacement, Reissuance, and Revocation of Certificates Meeting Conditions for Security and Public Order

1. The legal representative of businesses with conditions regarding security and public order is responsible for managing certificates meeting conditions for security and public order. It is strictly prohibited to alter, erase, sell, lend, or rent out certificates meeting conditions for security and public order.

2. When a business goes bankrupt or ceases to operate in industries or professions with conditions regarding security and public order, the certificate meeting conditions for security and public order becomes invalid; if the business stops operations, it must return the certificate within five days from the cessation date to the police authority that issued it; in cases of temporary suspension of operations, the business must notify the police authority that issued the certificate about the reasons and duration of the temporary suspension.

3. In cases where the certificate meeting conditions for security and public order is lost or damaged; or when there are changes in the business name, head, or legal representative, or changes in location or industry/profession with conditions, the business must submit a request (accompanied by supporting documents proving the necessity for replacement of the certificate meeting conditions for security and public order) to the police authority that issued the certificate for reissuance or replacement.

4. The certificate meeting conditions for security and public order will be revoked if the business commits any of the following violations:

a) Seriously violating regulations on management and use of certificates meeting conditions for security and public order;

b) Seriously violating regulations on ensuring security and public order;

c) Violating conditions for security and public order, having been administratively sanctioned three times or more within twelve months, failing to comply with administrative violation rectification notices issued by competent authorities, or being prosecuted and investigated for criminal offenses as stipulated by law.

Article 7. Responsibilities of organizations and individuals engaged in business sectors and trades subject to conditions regarding public order and national security

1. Comply strictly with laws on fire safety, firefighting, explosion prevention, poisoning prevention, environmental hygiene, public order and safety, and other relevant legal provisions during business operations.

2. At least ten days before commencing business activities, business establishments subject to conditions regarding public order and national security must notify in writing the police agency that issued the Certificate of Compliance with Conditions for Public Order and National Security, and the local police station where the business will be conducted, of the commencement date of the business activities.

3. Maintain and ensure compliance with all conditions regarding public order and national security throughout the duration of business operations.

4. Have the responsibility to detect and promptly report to the police any incidents or suspicions related to public order and national security during business operations.

5. Adhere to accounting, auditing, statistical reporting systems, and tax payment regulations as prescribed by law; regularly report on the situation of public order and national security in business operations to the competent police authority.

6. Strictly comply with guidance, inspection, supervision, and violation handling by state agencies with competent authority.

Chapter III

RESPONSIBILITIES OF MINISTRIES, GOVERNMENT-LEVEL AGENCIES, AND PROVINCE AND CITY PEOPLE'S COMMITTEES UNDER THE CENTRAL GOVERNMENT IN MANAGING BUSINESS SECTORS AND TRADES SUBJECT TO CONDITIONS REGARDING PUBLIC ORDER AND NATIONAL SECURITY

Article 8. Responsibilities of the Ministry of Public Security

Bear responsibility before the Government for state management over public order and national security concerning business sectors and trades subject to conditions regarding public order and national security, and have the following tasks and powers:

1. Uniformly manage state affairs regarding public order and national security for business sectors and trades subject to conditions as stipulated in this Decree nationwide.

2. Issue or propose to the Government and Prime Minister to issue or amend legal documents related to ensuring public order and national security in business operations subject to conditions regarding public order and national security.

3. Specify detailed procedures, formalities, authorities for issuing, amending, and revoking Certificates of Compliance with Conditions for Public Order and National Security; information and reporting systems on the implementation of regulations regarding public order and national security for business sectors and trades subject to conditions.

4. Guide security and public order protection practices for security forces of business establishments engaged in business sectors and trades subject to conditions regarding public order and national security.

5. Guide police forces at various levels to inspect and handle violations in the enforcement of laws on public order and national security for business establishments subject to conditions.

Article 9. Responsibilities of the Ministry of Finance

Take the lead and coordinate with the Ministry of Public Security to set fee and charge rates and manage and utilize fees and charges related to business sectors and trades subject to conditions regarding public order and national security.

Article 10. Responsibilities of Ministries and Sectors

Ministries, government-level agencies, and agencies under the Government, within their functions, tasks, and powers, are responsible for coordinating with the Ministry of Public Security to manage, direct, and guide the organization and operation of businesses engaged in business sectors and trades subject to conditions regarding public order and national security according to legal provisions.

Article 11. Responsibilities of People's Committees at All Levels

Carry out state management functions over business operations subject to conditions regarding public order and national security according to their authority and the directives and guidance of the Ministry of Public Security as stipulated in this Decree and other relevant legal provisions.

Chapter IV

IMPLEMENTING PROVISIONS

Article 12. Effective Date

This Decree takes effect from October 20, 2009, and replaces Decree No. 08/2001/NĐ-CP dated February 22, 2001, on conditions regarding public order and national security for certain business sectors and trades subject to conditions.

Article 13. Application of law to business establishments that have been operating before the effective date of this Decree

Organizations and individuals currently engaged in business activities in industries and trades subject to conditions regarding security and public order as stipulated in Decree No. 08/2001/NĐ-CP dated February 22, 2001, which meet the conditions set forth in this Decree, shall continue their operations; in cases where they do not meet the conditions specified in this Decree, they must comply with the provisions of this Decree within twelve months from the date this Decree takes effect.

Article 14. Guidance on implementation and responsibility for implementation

1. The Minister of Public Security shall be responsible for detailing and providing specific guidance on the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government shall be responsible for enforcing this Decree./.