Decree No. 73/2001/NĐ-CP On Activities and Organization of Security Forces for Agencies and Enterprises

DECREE OF THE GOVERNMENT

Regarding activities and organization of security forces for agencies and enterprises

 _________________

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

At the proposal of the Minister of Public Security,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. This Decree stipulates the activities and organization of security forces applicable to state agencies and enterprises and economic organizations established under the Enterprise Law, the Cooperative Law, and the Foreign Investment Law in Vietnam (hereinafter referred to collectively as agencies and enterprises).

Targets within the list designated by the State to be protected by military and public security forces are not within the scope of this Decree.

Article 2. In this Decree, the following terms shall be understood as follows:

Security operations are a comprehensive set of specialized measures equipped for security forces to ensure safety, order, and asset protection for agencies and enterprises. Security operations include the following contents:

a) Administrative measures;

b) Mass prevention measures;

c) Patrol and guard measures.

Article 3. Responsibilities of the head of the agency or enterprise:

1. Shall be responsible for security activities at the agency or enterprise under their charge. Direct the development and implementation of plans, internal regulations, and security measures at the agency or enterprise. Supervise and inspect security activities at the agency or enterprise;

2. Based on requirements, nature, and scale of the agency or enterprise, decide on the form of organization, deployment of personnel, training plans, and provision of equipment for security operations;

3. Implement guidance documents on security operations issued by the Ministry of Public Security regarding security work at agencies and enterprises.

Article 4. Standards for security personnel:

1. Vietnamese citizens aged 18 years or older, with clear records, good morals, no criminal record, a general secondary education level, and sufficient health to meet security work requirements;

2. Must undergo security operations training organized by provincial-level public security agencies or higher and obtain a certificate of qualification.

Article 5. Responsibilities of the Ministry of Public Security:

1. Specify the coordination in management and inspection of security tasks at agencies and enterprises;

2. Specify the content of security operations training, sample certificates for security personnel, uniforms, insignia, and signs for security forces at agencies and enterprises;

3. Provide guidance on security operations for security forces at agencies and enterprises.

Chapter II

TASKS, POWERS, ORGANIZATION AND REGULATIONS ON POLICIES

OF SECURITY FOR STATE AGENCIES AND ENTERPRISES

Article 6. The security force of state agencies and enterprises has the following tasks:

1. Coordinate with village, ward, town police to understand the situation of security, order, and social safety where the agency or enterprise is located. Propose to the head of the agency or enterprise to develop security regulations for the agency or enterprise; plans and measures to prevent and combat crime and other violations of law within the agency or enterprise;

2. Implement security operation measures as prescribed by law and security operation guidance from provincial-level public security agencies to prevent, detect, and stop violations of security regulations at the agency or enterprise. Promptly propose measures to the head of the agency or enterprise for handling;

3. Serve as the core in mass movements for national security within the agency or enterprise, building a safe agency or enterprise. Coordinate with related mass organizations within the agency or enterprise to promote and disseminate laws to raise awareness and vigilance among all people, guiding mass organizations to participate in maintaining security, order, and social safety within the agency or enterprise;

4. Implement regulations on fire prevention and extinguishing, maintaining public order, and managing weapons, explosives, flammable materials, and harmful substances (if any). Coordinate with public security agencies to assist the head of the agency or enterprise in managing and educating individuals with criminal records, those released from prison, and those completing administrative penalties who are working at the agency or enterprise;

5. Directly organize control over people entering and exiting the agency or enterprise. When incidents such as fires, explosions, accidents, disrupting public order occur within the agency or enterprise, they must organize protection of the scene, rescue victims, apprehend offenders caught in the act, and immediately report to the nearest public security agency.

, Clause 1, Clause 2 Article 7a of this Regulation.. The security force of state agencies and enterprises has the following powers:

1. Inspect and urge departments, units, and staff members within the agency or enterprise to comply with legal provisions, regulatory documents on security and order, and internal security regulations of the agency or enterprise;

2. During duty performance, check documents, persons, goods, and means of transportation entering and exiting the agency or enterprise if there are signs of violation of the law;

3. Conduct investigations into incidents occurring within the agency or enterprise according to the authority delegated by the head of the agency or enterprise or upon request of authorized public security agencies.

Article 8. Organization of security at large-scale and important state agencies and enterprises may establish Security Departments, Divisions, or Teams which shall be part of the organizational structure of the agency or enterprise. For agencies and enterprises with vertically organized security forces, the grassroots security force must be directly managed and directed by the head of their unit, while also being guided and instructed on security operations by public security agencies and superior security organizations.

Article 9. Regulations and policies for security officers and staff of state agencies and enterprises:

1. Enjoy benefits, systems, and policies for state security officers and staff as promulgated and specific regulations of state agencies and enterprises;

2. Receive security operations training and professional technical knowledge enhancement in the field of the agency or enterprise they protect.

3. Security officers within the establishment, receiving salary from the state budget, with capability and potential for development, will be trained, enhanced, planned, and promoted like other officers by the agency or enterprise.

Chapter III

ACTIVITIES AND REGULATIONS ON POLICIES

OF SECURITY FORCES AT ECONOMIC ORGANIZATIONS ESTABLISHED UNDER

THE ENTERPRISE LAW, THE COOPERATIVE LAW, AND THE FOREIGN INVESTMENT LAW IN VIETNAM

Article 10. The security force at economic organizations established under the Enterprise Law, the Cooperative Law, and the Foreign Investment Law in Vietnam has the following tasks:

1. Develop plans, schemes, and internal regulations for protecting the agency or enterprise in accordance with security and public order requirements at the location where the agency or enterprise is situated, with the participation of the opinions of the police authority before submitting to the Board of Directors or the head for approval;

2. Propose specific measures to protect the agency or enterprise, safeguard assets, and prevent and combat fire within the agency or enterprise to the Board of Directors or the head of the agency or enterprise;

3. Directly protect the assets of the agency or enterprise; carry out specific tasks assigned by the Board of Directors or the head of the agency or enterprise to protect the agency or enterprise;

4. When incidents such as fires, explosions, accidents, public disorder disturbances occur, organize protection of the scene, provide first aid to victims, apprehend offenders on the spot, and immediately report to the nearest police authority;

Article 11. Security forces at economic organizations, when performing duties to control people entering and exiting the agency or enterprise, if they detect suspicious activities, may inspect documents, persons, goods, and means of transportation entering and exiting the agency or enterprise according to regulations;

Article 12. Other systems, policies, and benefits of security personnel at economic organizations shall be decided by the Board of Directors or the head of the agency or enterprise through labor contracts agreed upon between both parties based on the provisions of the Labor Code;

Chapter IV

REWARD AND VIOLATION HANDLING

Article 13. Collectives and individuals who have outstanding achievements in security work and mass movements for protecting national security shall be rewarded according to state regulations and recognized by the police sector;

Article 14. Collectives and individuals who take advantage of their security duties and powers to commit acts violating the law shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation;

Chapter V

IMPLEMENTING PROVISIONS

Article 15. This Decree replaces Decree No. 223/HĐBT dated June 19, 1990 of the Council of Ministers (now the Government) on security work and organization for state agencies and enterprises and shall take effect fifteen days after its date of issuance;

Article 16. The Minister of Public Security is responsible for providing detailed guidance for the implementation of this Decree.

Article 17. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).Provincial People's Committees under the Central Government are responsible for implementing this Decree./.