Decree No. 96/2016/NĐ-CP stipulates conditions related to security and public order for certain business sectors and occupations subject to conditional business registration.

DECREE

Regulations on security and public order conditions for certain business sectors and occupations subject to conditions

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

Pursuant to the Investment Law dated November 26, 2014;

Based on the Enterprise Law dated November 26, 2014;

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.

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

The Government issues this Decree regulating security and public order conditions for certain business sectors and occupations subject to conditions.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates security and public order conditions, state management work, and the responsibilities of organizations and individuals involved in business sectors and occupations subject to security and public order conditions within the territory of Vietnam.

Article 2. Applicability

This Decree applies to domestic agencies, organizations, and individuals, as well as foreign organizations and individuals related to investment and business activities and the establishment, licensing, registration, and management of business sectors and occupations subject to security and public order conditions.

Article 3. Business Sectors and Occupations Subject to Security and Public Order Conditions and Scope of Management

1. Stamp production, including: Production of stamps with the emblem of the Socialist Republic of Vietnam, stamps with symbols, and stamps without symbols as prescribed by laws on stamp management and use.

2. Trade in support tools, including: Production, assembly, import, export, purchase, sale of support tools, ammunition for support tools, and accessories of support tools; repair of support tools.

3. Trade in fireworks and other types of firecrackers, including: Production, processing, import, export, purchase, sale of fireworks, other types of firecrackers, and gunpowder as prescribed by laws on firework management and use.

4. Pawnshop service trade, including: Providing money lending services where the borrower must bring legal property to the pawnshop as collateral.

5. Massage service trade, including: Using physical therapy methods to provide massage (massage), kneading to serve human health.

Massage activities conducted at healthcare facilities for treatment purposes and at facilities providing employment for persons with disabilities are not within the scope regulated by this Decree.

6. Trade in signaling equipment for priority vehicles, including: Production, assembly, import, export, purchase, sale of flags, lights, sirens for priority signaling of motor vehicles.

7. Security service trade, including: Human, asset, target, and lawful activity protection services for agencies, organizations, and individuals.

Security activities for objects and targets listed in the State's regulations that are under the responsibility of the People's Armed Police and the People's Army for armed guarding and protection, and security activities for agencies and enterprises as prescribed in Decree No. 06/2013/NĐ-CP dated January 9, 2013 on agency and enterprise security are not within the scope regulated by this Decree.

8. Paintball gun trade, including: Production, assembly, import, export, purchase, sale of paintball guns, ammunition for paintball guns, and accessories of paintball guns; repair of paintball guns; provision of paintball gun usage services.

9. Trade in electronic games with rewards for foreigners.

11. Casino trade, including: Various forms of entertainment with rewards in casino operations.

12. Betting service trade, including: Various forms of betting services.

13. Gas trade, including: Gas trading activities as prescribed in Decree No. 19/2016/NĐ-CP dated March 22, 2016 on gas trading.

14. Industrial explosives trade, including: Production, import, export, purchase, sale, recycling, storage, transportation, destruction of industrial explosives.

Research, development, and testing of industrial explosives are not within the scope regulated by this Decree.

15. Explosive precursor chemical trade, including: Production, import, export, purchase, sale, storage, transportation, destruction of high-purity ammonium nitrate (98.5% or higher) (hereinafter referred to as explosive precursors).

16. Trade in industries and occupations using industrial explosives and explosive precursors, including: Activities using industrial explosives for construction projects, exploration, mining of minerals, oil and gas; using explosive precursors to produce industrial explosives.

17. Blasting service trade, including: Activities providing blasting services using industrial explosives for construction projects, exploration, mining of minerals, oil and gas for agencies, organizations, or individuals with legitimate needs.

18. Printing service trade, including: Plate making, printing, post-printing processing (excluding screen printing and photocopying facilities) to create the following products:

a) Publishing materials (excluding embossed books, audiovisual recordings substituting for books, illustrations substituting for books);

b) Newspapers, magazines, and other press publications as prescribed by laws on press;

c) Samples, forms, legal documents issued by state agencies, political organizations, and social-political organizations;

d) Anti-counterfeiting labels;

đ) Packaging, labels, and product stickers for pharmaceuticals, chemical drugs, medicinal products, and functional foods (excluding pharmaceutical, chemical drug, medicinal product, and functional food manufacturing facilities that print their own packaging, labels, and stickers);

e) Financial invoices; pre-printed documents or those used to record values.

19. Trade in signal jamming and interference devices for mobile communications, including: Production, import, export, purchase, sale of devices blocking communication signals from mobile phones to base stations.

20. Plastic surgery service trade, including: Using medical techniques to perform surgery (dissection) to change the shape and identifying features of humans.

21. Karaoke and nightclub service trade:

a) Karaoke service trade, including: Singing activities using recorded music discs and images or other music recording technologies;

b) Nightclub service trade, including: Dancing activities at dance venues as prescribed by laws.

Dance teaching activities are not within the scope regulated by this Decree.

22. Accommodation service trade, including: Accommodation facilities as prescribed by the Tourism Law and other rental accommodation services (hourly and overnight stays) operating on land or on cruise vessels for tourism.

Organizations and individuals who have houses for Vietnamese or foreign nationals to lease (with a house rental contract) for residence, study, or work are not within the scope regulated by this Decree.

23. Engaging in the business of military uniforms, equipment for armed forces, military weapons, equipment, technology, armaments, specialized vehicles for military and police purposes; parts, components, accessories, materials, and specialized equipment and technology for manufacturing them, including:

a) Producing, purchasing, selling: Military uniforms (pants, shirts, hats); insignias, badges, rank signs, serial numbers of the People's Army of Vietnam and the People's Police of Vietnam;

b) Producing, assembling, importing, exporting, purchasing, selling, transporting, repairing: Small-caliber personal firearms as defined by laws on the management and use of weapons, explosives, and auxiliary tools; speed measurement devices for motorized road traffic; breath alcohol testing devices; GSM mobile phone monitoring devices and other types of mobile phone monitoring devices.

Parts, components, accessories, and specialized technological equipment for manufacturing: Small-caliber personal firearms; speed measurement devices for motorized road traffic; breath alcohol testing devices; GSM mobile phone monitoring devices and other types of mobile phone monitoring devices.

Article 4. Definitions

In this Decree, the following terms are understood as follows:

1. Security and public order is a shortened term for national security and social order and safety.

2. Industries and businesses subject to conditions regarding security and public order are those industries and businesses specified in Article 3 of this Decree that, during their investment and business operations, involve complex factors related to security and public order which can be exploited for criminal activities and other violations of the law.

3. Business establishments engaged in industries and businesses subject to conditions regarding security and public order are business establishments operating the industries and businesses specified in Article 3 of this Decree (hereinafter referred to as business establishments), including:

a) Enterprises;

b) Cooperatives, cooperative unions;

c) Branches, subordinate units of enterprises, cooperatives, cooperative unions;

d) Public service units operating in the fields of industries and businesses subject to conditions regarding security and public order within agencies and organizations;

đ) Individual business operators.

4. Business establishments at one location are business establishments using the same address or located within the same premises.

5. The person responsible for security and public order of a business establishment is:

a) The legal representative, manager, or owner of the business establishment whose name appears in the documents prescribed in Clause 2 of Article 19 of this Decree;

b) A person authorized by those mentioned in point a of this clause to sign the Certificate of Compliance with Conditions for Security and Public Order.

6. The competent public security authority is the public security unit specified in Article 24 of this Decree.

7. A security service qualification certificate is a document issued by the competent public security authority to security service personnel who meet the requirements in the examination period.

8. A valid copy is a copy verified against the original or printed from the National Enterprise Registration Portal with confirmation by the file reception officer; a copy issued from the original or a copy certified true to the original by an authorized agency or organization.

Article 5. Principles of operation and management of industries and trades subject to conditional business registration concerning national security and public order

1. All Vietnamese organizations and individuals; foreign organizations and individuals engaged in businesses of industries and trades subject to conditional business registration concerning national security and public order shall be allowed to operate if they meet the conditions stipulated in this Decree and comply with other relevant laws, and shall be issued a Certificate of Compliance with Conditions for National Security and Public Order.

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

Article 6. Prohibited Acts

1. Engaging in business without being issued or having had revoked the Certificate of Compliance with Conditions for National Security and Public Order.

2. Exploiting activities of industries and trades subject to conditional business registration concerning national security and public order to commit acts harmful to national security and public order, contrary to morality and customs of the nation.

3. Lending, leasing, purchasing, or selling the Certificate of Compliance with Conditions for National Security and Public Order.

4. Counterfeiting the Certificate of Compliance with Conditions for National Security and Public Order; forging documents to apply for the Certificate of Compliance with Conditions for National Security and Public Order; altering, erasing, or tampering with the contents recorded in the Certificate of Compliance with Conditions for National Security and Public Order.

5. Using security services to infringe upon the rights and legitimate interests of agencies, organizations, and individuals.

6. Conducting security services using force or threatening to use force with the aim of intimidating, obstructing, or causing difficulties for the normal operations of agencies, organizations, and individuals, or infringing upon their rights and legitimate interests.

8. Obstructing or failing to comply with inspection, supervision, and violation handling work conducted by the police or competent state management agencies.

9. Misusing authority to create obstacles to prevent issuance or issue the Certificate of Compliance with Conditions for National Security and Public Order contrary to this Decree; obstructing, causing inconvenience, or infringing upon the freedom of business of organizations and individuals; shielding illegal acts of persons related to the operation of businesses subject to conditions concerning national security and public order.

Chapter II

CONDITIONS FOR NATIONAL SECURITY AND PUBLIC ORDER

Article 7. Common Conditions for National Security and Public Order Applicable to Industries and Trades

1. Being registered, licensed, or established in accordance with Vietnamese law.

2. The person responsible for national security and public order of the business establishment must not fall under any of the following circumstances:

a) For Vietnamese citizens:

Being criminally indicted and currently under investigation, prosecution, or trial by Vietnamese judicial authorities or foreign judicial authorities.

Having been convicted of crimes endangering national security or other intentional crimes with sentences of three years or more imprisonment that have not yet been expunged; currently on temporary suspension of serving the sentence; currently undergoing corrective labor outside prison; currently under surveillance, residence ban, prohibition from holding positions, or prohibition from engaging in industries and trades subject to conditional business registration concerning national security and public order pursuant to court decisions.

Currently undergoing community-based education measures; having a decision on administrative handling measures pending execution; currently addicted to drugs; currently on temporary suspension or temporary cessation of serving a decision on compulsory educational placement or compulsory drug rehabilitation; having previously undergone administrative handling measures but not yet reached the period required to be considered as not having undergone such measures.

b) For Vietnamese citizens residing abroad with foreign passports and foreigners:

Not having been granted permission to reside in Vietnam by competent Vietnamese authorities.

3. Meeting the conditions for fire safety and firefighting in accordance with the law on fire safety and firefighting.

Article 8. Industries and trades that must have conditions regarding security and public order plans

1. Business establishments operating the following industries and trades must have security and public order plans, including:

a) Trading in self-defense tools;

b) Trading in fireworks;

c) Trading in paintball guns;

d) Operating electronic games with rewards for foreigners;

đ) Operating casinos;

e) Operating betting services;

g) Trading in industrial explosives;

h) Trading in explosive precursors;

i) Operating industries and trades using industrial explosives and explosive precursors;

k) Providing blasting services;

l) Providing nightclub services;

m) Providing accommodation services (for business establishments);

n) Trading in small-caliber military firearms.

2. Security and public order plans include the following basic contents:

a) Identifying specific areas, regions, and targets that need to be strengthened to ensure security and public order;

b) Implementation measures;

c) Regularly serving forces;

d) Serving equipment;

đ) Organizational and directive measures;

e) Coordination measures with local authorities and relevant agencies;

g) Hypothetical situations when incidents related to security and public order occur; mobilization of forces and equipment; handling measures.

In addition to the conditions stipulated in Article 7 of this Decree, pawnshop business establishments must meet the following conditions:

The person responsible for security and public order at pawnshop business establishments must be a resident with a permanent household registration for at least five years in the commune, ward, or town where the business location is registered, and during the five consecutive years immediately preceding the registration date, they must not have been administratively penalized by competent authorities for acts such as resisting public officials, disrupting public order, intentionally causing bodily harm, usurious lending, gambling, organizing gambling, theft, fraud, or unlawful possession of property.

In addition to the conditions stipulated in Article 7 of this Decree, debt collection service business establishments must meet the following conditions:

The person responsible for security and public order at debt collection service business establishments must be a resident with a permanent household registration for at least five years in the district, county, township, or provincial city where the business location is registered, and during the five consecutive years immediately preceding the registration date, they must not have been administratively penalized by competent authorities for acts such as resisting public officials, disrupting public order, intentionally causing bodily harm, usurious lending, gambling, organizing gambling, or insulting others.

Article 11. Conditions regarding security and public order for security service businesses

In addition to the conditions stipulated in Article 7 of this Decree, security service business establishments must meet the following conditions:

1. Must be a business enterprise.

2. The person responsible for security and public order at security service business establishments must hold a degree from a college level or higher and must not be a person who was previously responsible for security and public order at a security service business establishment whose security and public order qualification certificate was revoked without a time limit within the 24 months immediately preceding the current period (except as provided in Clause 2 of Article 22 of this Decree).

3. Vietnamese security service business establishments engaging in joint ventures with foreign business establishments:

Vietnamese security service business establishments may only engage in joint ventures with foreign security service business establishments if there is a need for investment in machinery and technical equipment for security work, and such engagement can only be carried out in the form of foreign business establishments contributing capital to purchase machinery and technical equipment for security work.

4. Foreign business establishments investing capital in joint ventures with Vietnamese security service business establishments:

a) Must be a business enterprise continuously engaged in security service operations for at least five years;

b) The representative of the contributed capital portion of the foreign business establishment must not have been legally processed by the foreign country's authorities for violations related to security service operations, starting from warnings;

c) The contributed capital portion of the foreign business establishment can only be used to purchase machinery and technical equipment for security work. The minimum amount of invested capital contribution from the foreign business establishment is 1,000,000 USD (one million US dollars). The valuation of machinery and technical equipment shall be conducted by state management agencies authorized at provincial level or above; the costs of valuation shall be borne by the security service business establishment.

Article 12. Conditions for training security service personnel

1. Only the following entities may train security service personnel:

a) Security service business establishments as specified in Clause 3 of this Article;

b) Vocational training centers of Public Security Police Colleges;

c) Training and professional development centers under Public Security from provincial level upwards;

d) Security service business establishments as specified in Clause 3 of this Article, if they have the need to engage in business activities of training security service personnel for other security service business establishments, shall comply with the provisions of the law on vocational education.

2. The entities training security service personnel as specified in points b, c, and d of Clause 1 of this Article must provide the competent Public Security authority as stipulated in Article 24 of this Decree with documentation proving their training function for security service personnel issued by the competent authority, along with the training course materials and program. The content of the training course is as provided in point đ of Clause 3 of this Article.

3. Security service business establishments that self-train security personnel for their own establishment must meet the following conditions:

a) Having classrooms and training grounds for security service personnel;

b) Having at least three years of operation in the field of security service business; having a management board and training staff for security service personnel;

c) Having a minimum of 300 security service personnel;

d) Having instructors or contracts for hiring instructors. Instructors must have appropriate professional qualifications, holding a college degree or higher (except for martial arts subjects);

đ) Having training course materials and programs for security service personnel. The training course includes basic contents on politics; laws; security guard duties; communication and conduct skills; fire prevention and firefighting work; first aid for injured persons; management and use of support tools; some martial arts techniques for self-defense and controlling suspects; other practical contents according to the protection objectives. The training period for security service personnel must be at least 30 days.

4. Entities can only train security service personnel after the Administrative Management Department of Social Order of the Ministry of Public Security reviews and approves the training course materials and programs. After the training course, there must be a request for the competent Public Security authority to assess the results and issue the Security Guard Professional Certificate (Form No. 04 attached to this Decree) to those security service personnel who meet the requirements in the assessment.

Article 13. Business Operating Conditions Applied to Certain Industries and Trades

In addition to the conditions stipulated in Articles 7 and 8 of this Decree, the following business establishments must also meet the following conditions:

1. Only business establishments under the Ministry of Public Security may produce seals bearing the National Emblem of the Socialist Republic of Vietnam and the Public Security Emblem; only business establishments under the Ministry of Defense may produce seals bearing the Military Emblem, except for business establishments operating before the effective date of this Decree.

2. Only business establishments under the Ministry of Defense and the Ministry of Public Security may engage in the business of: paintball guns (excluding business establishments providing services using paintball guns); military uniforms, equipment for armed forces, military weapons, technical equipment, special-purpose equipment, and means for military and public security purposes; parts, components, accessories, materials, and specialized equipment and technology for manufacturing them.

3. Only business establishments outside the military and public security, approved by authorized agencies of the military or public security as prescribed by the Ministry of Defense and the Ministry of Public Security through written approval or contracts as stipulated by law, may engage in the business of military uniforms, equipment for armed forces, military weapons, technical equipment, special-purpose equipment, and means for military and public security purposes; parts, components, accessories, materials, and specialized equipment and technology for manufacturing them.

4. Only business establishments under the Ministry of Defense and the Ministry of Public Security may engage in the business of interference and jamming devices for mobile communications.

5. Only business establishments under the Ministry of Defense may engage in the business of various types of fireworks.

Chapter III

CERTIFICATE OF SATISFACTORY CONDITIONS FOR SECURITY AND ORDER

The Certificate of Compliance with Security and Public Order Conditions (Form No. 01 attached to this Decree) is a document issued by the competent public security authority for business establishments operating industries and trades specified in Article 3 of this Decree.

Article 15. Validity Period of the Certificate of Compliance with Security and Public Order Conditions

1. The Certificate of Compliance with Security and Public Order Conditions does not specify a validity period, except for the cases stipulated in Clause 2 of this Article.

2. In the following cases, the Certificate of Compliance with Security and Public Order Conditions must clearly state its validity period:

a) For business establishments operating under a fixed term as prescribed by law or the provisions of Clause 2 of Article 19 of this Decree or a license issued by specialized state management agencies for business establishments operating under a fixed term, the validity period of the Certificate of Compliance with Security and Public Order Conditions shall not exceed the duration stated in such documents;

b) For business establishments in industries using industrial explosives for construction projects, mineral exploration, and oil and gas exploitation, the validity period of the Certificate of Compliance with Security and Public Order Conditions shall be consistent with the duration stated in the documents concerning construction projects, mineral exploration, and oil and gas exploitation.

3. If the documents or licenses stipulated in Clause 2 of this Article have an operational period of ten years or more, the Certificate of Compliance with Security and Public Order Conditions shall not specify a validity period.

4. Business establishments are responsible for providing documents or licenses specifying their operational period to the competent public security authority.

Article 16. Authorized Person Named in the Certificate of Compliance with Security and Public Order Conditions

Where individuals specified in Point a, Clause 5, Article 4 of this Decree reside unstably in Vietnam or do not reside in Vietnam on a regular basis, they must authorize in writing a person authorized by the business establishment to be named in the Certificate of Compliance with Security and Public Order Conditions.

If the authorization takes place outside Vietnam, it must be accompanied by a legalized consular document from the Vietnamese diplomatic mission where the authorization was executed. Both the authorizing person and the authorized person are responsible for complying with the security and public order regulations set forth in this Decree and other relevant Vietnamese laws.

Article 17. Management and Use of the Certificate of Compliance with Security and Public Order Conditions

1. The person responsible for security and public order at the business establishment is responsible for strictly managing the Certificate of Compliance with Security and Public Order Conditions and must present the Certificate of Compliance with Security and Public Order Conditions to the public security authority and competent state management authorities upon request.

2. The person responsible for security and public order at the business establishment is responsible for safeguarding the Certificate of Compliance with Security and Public Order Conditions during temporary cessation of business operations. In the event of bankruptcy or cessation of business operations, the Certificate of Compliance with Security and Public Order Conditions ceases to be valid. Within five days from the date of declaration of bankruptcy or cessation of operations, the business establishment must return the Certificate of Compliance with Security and Public Order Conditions to the competent public security authority.

Article 18. Revocation of Certificate of Adequate Security and Public Order Conditions

The Certificate of Adequate Security and Public Order Conditions shall be revoked in the following cases:

1. Revocation without time limit:

a) Using false documents or providing incorrect information in documents that misrepresent the nature of the documents to apply for the Certificate of Adequate Security and Public Order Conditions;

b) After being granted the Certificate of Adequate Security and Public Order Conditions, the competent police authority conducts post-granting supervision and discovers that the business establishment does not meet the conditions stipulated in this Decree, and within 40 days from the date the police authority issues a conclusion that the business establishment does not meet the conditions but still fails to rectify them;

c) Six months after being granted the Certificate of Adequate Security and Public Order Conditions, the business establishment ceases operations;

d) The business entity is dissolved or declared bankrupt according to the provisions of the law;

d) The business establishment is suspended from operating or has had other relevant documents revoked by the competent authority as provided in Clause 2, Article 19 of this Decree;

e) Lending, renting, buying, or selling the Certificate of Adequate Security and Public Order Conditions;

g) Exploiting the business establishment's activities to infringe upon security and public order, leading to a recommendation by the competent authority to revoke the Certificate of Adequate Security and Public Order Conditions without a time limit;

h) For foreign-invested security service business establishments where the capital contribution for purchasing equipment and technical means for security work does not meet the required capital as stipulated in this Decree.

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

a) Operating outside the industry, profession, or location specified in the Certificate of Adequate Security and Public Order Conditions;

b) Failing to maintain the security and public order conditions stipulated in Articles 7, 8, 11, and 12 of this Decree, having been previously administratively penalized within the last thirty days but still failing to rectify the situation;

c) Altering or erasing the content recorded in the Certificate of Adequate Security and Public Order Conditions;

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

đ) Failing to submit quarterly reports to the competent police authority as required for four consecutive quarters.

3. The revocation of the Certificate of Adequate Security and Public Order Conditions as stipulated in Clauses 1 and 2 of this Article shall be carried out by the competent police authority through a revocation decision.

After revoking the certificate, the police authority must issue a notification to the business registration authority or the authority that permits the business establishment to operate.

Chapter IV

FILES, PROCEDURES, REQUIREMENTS FOR ISSUING THE CERTIFICATE OF ADEQUATE SECURITY AND PUBLIC ORDER CONDITIONS AND PROFESSIONAL CERTIFICATES FOR SECURITY SERVICES

Article 19. Application Forms for Issuing New Certificates of Adequate Security and Public Order Conditions Commonly Applied to All Industries and Professions

1. Business establishment’s application for issuing the Certificate of Adequate Security and Public Order Conditions (Model No. 03 attached to this Decree).

2. A certified copy of one of the following documents:

a) Business Registration Certificate; Enterprise Registration Certificate; Investment Registration Certificate; Branch Operation Registration Certificate; Cooperative Registration Certificate; Joint Cooperative Registration Certificate; Branch Business Registration Certificate; Permit to Operate issued by the competent state management authority; Business Household Registration Certificate; Establishment Document or Permission to Operate accompanied by a Tax Identification Number Notification for revenue-generating public institutions;

b) In cases where the documents mentioned in point a of this clause do not indicate the industry or profession, the business establishment must supplement evidence proving its industries or professions of operation and request to include them in the Certificate of Adequate Security and Public Order Conditions, which have been approved by the business registration authority or the competent authority (for business establishments that are enterprises, the police authority will extract this information from the National Enterprise Registration Information Portal).

c) Business establishments that are exempt from submitting documents as stipulated in points a and b of Clause 3 of this Article include: Stamp production; flag and signal light production, sale, and purchase; security services; debt collection services; lottery services; interference and jamming devices for mobile communication signals; plastic surgery services; vehicle speed detection equipment; breathalyzer equipment; GSM mobile phone monitoring equipment and other mobile phone monitoring equipment;

đ) For business establishments that do not have warehouses for storing raw materials or products as prescribed, they must enter into warehouse rental contracts that comply with fire safety and firefighting conditions as stipulated in points a and b of Clause 3 of this Article;

e) For business establishments in industries and professions using industrial explosives and explosive precursors, the documents proving compliance with fire safety and firefighting conditions are those related to the storage and preservation of industrial explosives and explosive precursors.

4. A personal history statement (Form No. 02 attached as Appendix to this Decree) accompanying the Criminal Record Certificate or a Personnel Declaration Form (Form No. 02b attached as Appendix to this Decree) of the person responsible for security and public order at the business establishment, specifically as follows:

The Personal History Statement of such persons specified herein, if they are currently on the payroll of state agencies, armed forces, political organizations, and political-social organizations, must be accompanied by confirmation from the competent authority directly managing them (excluding business establishments). For those not falling under the aforementioned category, confirmation from the People's Committee of the commune, ward, or town where their permanent residence is registered is required;

b) For Vietnamese citizens residing abroad holding foreign passports and foreigners, a Personnel Declaration Form accompanied by a valid copy of the Passport, Permanent Residence Card, Temporary Residence Card, or Entry Visa still valid for stay in Vietnam is required;

c) In cases where a business establishment has multiple legal representatives, the Personal History Statement, Criminal Record Certificate, or Personnel Declaration Form in the application file shall apply to the person named in the Certificate of Compliance with Security and Public Order Conditions;

Article 20. Application Documents for Issuing a New Certificate of Compliance with Security and Public Order Conditions for Certain Industries and Trades

In addition to the documents stipulated in Article 19 of this Decree, the application documents for issuing a new Certificate of Compliance with Security and Public Order Conditions must include additional documents applicable to certain business establishments in the following industries and trades:

1. For non-foreign invested security service business establishments, a valid copy of the graduation certificate proving the educational qualifications of the person responsible for security and public order at the business establishment named in the Certificate of Compliance with Security and Public Order Conditions is required.

2. For foreign-invested security service business establishments, the following are required:

a) A valid copy of the graduation certificate proving the educational qualifications of the person responsible for security and public order at the business establishment named in the Certificate of Compliance with Security and Public Order Conditions;

b) Documentation proving that the foreign enterprise meets the conditions stipulated in points a and b of Clause 4, Article 11 of this Decree, which has been legalized by the diplomatic mission of Vietnam in the country or territory where the foreign enterprise's headquarters is located;

3. For security service business establishments with training functions for security personnel, a training curriculum and program for security personnel is required.

4. For business establishments in the following industries and trades: production of industrial explosives; trading in explosive precursors; trading in industries and trades using industrial explosives for mineral exploration, mining, and oil and gas extraction; trading in small-caliber military firearms; casino operation; electronic game operation for foreigners with rewards; sports betting services, a permit for operation issued by the specialized state management agency is required.

Article 21. Documents for Renewal and Reissue of the Certificate of Eligibility for Security and Public Order

Clause 1. The Certificate of Eligibility for Security and Public Order shall be renewed in cases where it is damaged, contains incorrect information, has changes to the information recorded on the Certificate of Eligibility for Security and Public Order, or has expired.

The application documents for renewal include the following:

a) A request for renewal of the Certificate of Eligibility for Security and Public Order from the business establishment (Model No. 03 attached as an appendix to this Decree) submitted to the competent public security authority;

b) A certified copy of the documents proving changes to the information recorded on the Certificate of Eligibility for Security and Public Order (if applicable);

c) The documents specified in Clause 4, Article 19 of this Decree in case there is a change in the person named on the Certificate of Eligibility for Security and Public Order of the business establishment;

d) The original Certificate of Eligibility for Security and Public Order that has been issued.

Clause 2. The Certificate of Eligibility for Security and Public Order shall be reissued in cases where it is lost.

The application documents for reissuance in cases of loss of the Certificate of Eligibility for Security and Public Order include the following:

a) A request for reissuance of the Certificate of Eligibility for Security and Public Order from the business establishment sent to the competent public security authority (Model No. 03 attached as an appendix to this Decree);

b) Receipts for fines paid according to the law (if applicable).

Article 22. Documents and Time Limit for Reissuance of the Certificate of Eligibility for Security and Public Order After Revocation

The reissuance of the Certificate of Eligibility for Security and Public Order after revocation as stipulated in Clause 1, Article 18 of this Decree shall be carried out as follows:

Clause 1. Within six months from the date of revocation of the Certificate of Eligibility for Security and Public Order in cases specified in Points b, c, and h of Clause 1, Article 18 of this Decree, if the business establishment meets the conditions prescribed in this Decree and wishes to continue operating, it shall submit the application documents to the competent public security authority for reissuance of the Certificate of Eligibility for Security and Public Order. The documents include:

a) A request for reissuance of the Certificate of Eligibility for Security and Public Order from the business establishment (Model No. 03 attached as an appendix to this Decree) sent to the competent public security authority;

b) A certified copy of the supplementary documents proving compliance with the conditions for business operation (if applicable).

Clause 2. In cases of revocation of the Certificate of Eligibility for Security and Public Order as specified in Points a and e of Clause 1, Article 18 of this Decree, if there is no change in the person responsible for security and public order, the business establishment may submit the application documents for reissuance of the Certificate of Eligibility for Security and Public Order twelve months from the date of the decision to revoke.

The documents for reissuance of the Certificate of Eligibility for Security and Public Order shall be carried out in accordance with the new issuance documents prescribed in Article 19 or Article 20 of this Decree.

Clause 3. In cases of revocation of the Certificate of Eligibility for Security and Public Order as specified in Point g of Clause 1, Article 18 of this Decree, if there is no change in the person responsible for security and public order, the business establishment may submit the application documents for reissuance of the Certificate of Eligibility for Security and Public Order twenty-four months from the date of the decision to revoke, except in cases where there is a different decision of the Court.

The documents for reissuance of the Certificate of Eligibility for Security and Public Order shall be carried out in accordance with the new issuance documents prescribed in Article 19 or Article 20 of this Decree.

Clause 4. For business establishments whose Certificate of Eligibility for Security and Public Order was revoked as stipulated in Articles 2 and 3 of this Decree after changing the person responsible for security and public order, the documents for reissuance of the Certificate of Eligibility for Security and Public Order shall be carried out in accordance with the new issuance documents prescribed in Article 19 or Article 20 of this Decree.

Article 23. Procedures and deadlines for submitting applications and issuing Certificates of Adequate Security and Public Order Conditions

1. Procedures and formalities for submitting applications:

a) Business establishments submit one set of application files to the competent police authority requesting issuance of new, replacement, or reissue of Certificates of Adequate Security and Public Order Conditions as stipulated in Articles 19, 20, 21, and 22 of this Decree;

b) At a business location where multiple industries and trades under one business establishment fall within the jurisdiction of different levels of police authorities to issue Certificates of Adequate Security and Public Order Conditions, one set of application files shall be submitted to the highest competent police authority to issue one Certificate of Adequate Security and Public Order Conditions for those industries and trades;

c) At a business location where multiple industries and trades under different business establishments fall within the jurisdiction of different levels of police authorities to issue Certificates of Adequate Security and Public Order Conditions, each business establishment shall submit one set of application files to the highest competent police authority to issue Certificates of Adequate Security and Public Order Conditions for each business establishment;

Business establishments choose one of the following forms of submitting application files:

a) Submit directly to the competent police authority;

b) Send through postal service business establishments;

c) Submit via the electronic portal for managing industries and trades subject to security and public order conditions of the Ministry of Public Security.

In the case of submitting application files via the electronic portal for managing industries and trades subject to security and public order conditions of the Ministry of Public Security, when receiving the Certificate of Adequate Security and Public Order Conditions, the business establishment must transfer to the competent police authority the documents and materials specified in Articles 19, 20, 21, or 22 of this Decree.

3. Deadline for completing the issuance of Certificates of Adequate Security and Public Order Conditions from the date of receipt of complete and valid application files is as follows:

a) Not exceeding five working days for cases stipulated in Articles 19, 20, and paragraphs 2, 3, and 4 of Article 22 of this Decree;

b) Not exceeding four working days for cases of replacement or reissue stipulated in Article 21 and paragraph 1 of Article 22 of this Decree.

Article 24. Authority to Issue Certificates of Adequate Security and Public Order Conditions, Professional Certificates for Security Personnel, and Approval of Training Programs for Security Service Staff

1. The Department of Administrative Management of Social Order of the Ministry of Public Security is responsible for:

b) Organizing examinations and issuing Professional Certificates for Security Personnel for security staff trained at business establishments with training functions for security personnel; vocational training centers of public security schools; training and professional development centers of units under the Ministry of Public Security with training functions for security personnel;

c) Approving training programs for security service staff for training establishments as stipulated in paragraph 1 of Article 12 of this Decree.

a) Issuing Certificates of Adequate Security and Public Order Conditions and managing business establishments (except for business establishments specified in point a of paragraph 1 of this Article), including:

Stamp production; industries and trades using explosives; production, purchase, and sale of military uniforms, insignia, badges, rank marks, and serial numbers of the People's Army and the Public Security Force.

Machinery and equipment (including spare parts, accessories, and production equipment): Traffic speed monitoring devices for motor vehicles; GSM mobile phone surveillance equipment and other mobile phone surveillance equipment; breath alcohol testing devices; lottery service businesses; printing service enterprises.

Interference and jamming devices for mobile communication signals; plastic surgery service businesses; nightclub service businesses; accommodation service enterprises; debt collection service businesses; security service businesses.

Business establishments under the Military and affiliated units of central and provincial agencies and organizations within their management area.

Other business establishments not specified in point a of paragraph 1 and paragraph 3 of this Article; business establishments authorized by the Department of Administrative Management of Social Order of the Ministry of Public Security by written authorization.

b) Organizing examinations and issuing Professional Certificates for Security Personnel for security staff trained at local police training and professional development centers with training functions for security personnel.

a) Business establishments providing services using paintball guns; operating karaoke services; operating massage services; operating pawnshop services; operating equipment emitting signals for priority vehicles; operating gas services;

b) Business establishments that are not enterprises operating accommodation services and printing services;

c) Revenue-generating public service units engaged in conditional business activities concerning security and public order of county-level agencies and organizations.

Chapter V

RESPONSIBILITIES OF BUSINESS ESTABLISHMENTS

Article 25. General responsibilities applicable to all industries and trades

1. The person responsible for security and public order at a business establishment must ensure compliance with conditions for security and public order; fully implement regulations on security and public order stipulated in this Decree and other relevant laws.

2. Within five days from the commencement of business operations, a notification letter accompanied by a copy of the Certificate of Compliance with Security and Public Order Conditions must be sent to the police station of the commune, ward, or town where the business operates.

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

4. Not use the business establishment to conduct activities contrary to the law that affect security, public order, morals, and customs of the nation.

5. Promptly report to the police any suspicious signs or incidents related to security and public order at the business establishment.

6. In case of loss of the Certificate of Compliance with Security and Public Order Conditions, a notification letter must be submitted to the competent police authority within three working days.

7. Regularly report quarterly or ad hoc on the situation of security and public order according to the guidelines of the Ministry of Public Security.

8. Comply with inspections, examinations, and penalties imposed by the police and other competent state management authorities.

9. Only employ staff aged eighteen years or older who have full civil capacity and are not drug addicts. Do not employ staff who are currently under investigation, prosecution, trial; temporarily exempted from serving their sentences; conditionally released from prison; or serving non-custodial sentences.

10. Within twenty days from the start of operations, the business establishment must provide the competent police authority with the following documents:

a) A list of employees working at the business establishment;

b) Personal history statements and personnel declarations of the person responsible for security and public order at the business establishment, excluding the person named on the Certificate of Compliance with Security and Public Order Conditions;

c) Documents proving that the business establishment meets the required conditions for each type of industry and trade as stipulated in Articles 8, 11, and 12 of this Decree;

d) Statistics of equipment used for security purposes (if any);

đ) Layout diagrams of the business area for industrial explosive materials business establishments; explosive precursor materials business establishments; industries and trades using industrial explosive materials and explosive precursor materials; blasting services; auxiliary tools business establishments; paintball gun business establishments; fireworks business establishments; casino business establishments; electronic games with rewards for foreigners business establishments; accommodation services; karaoke and nightclub services; massage services; pawnshop services.

11. Must submit a written request to the competent police authority to reissue or replace the Certificate of Compliance with Security and Public Order Conditions if it is lost, damaged, expired, or requires changes to the information recorded therein.

12. Organize training on security and public order work for security staff and other relevant staff members in the business establishment according to the guidance of the competent police authority.

13. If the business establishment suspends operations, it must notify the competent police authority and the police station of the commune, ward, or town where the business operates in writing ten days before the suspension date, specifying the reasons and duration of the suspension.

14. For business establishments dealing with small-caliber military firearms; industrial explosives; explosive precursors; industries and trades using industrial explosives and explosive precursors; blasting services; auxiliary tools; paintball guns when ceasing operations, they must fully inventory remaining firearms, industrial explosives, explosive precursors, auxiliary tools, and paintball guns (if any) and submit a written notification to the police or military authority at the provincial level or higher where the business operates for handling according to the law.

15. Establish a business activity management logbook consistent with each type of industry and trade based on a unified model provided by the Ministry of Public Security.

16. Pay the fee for the assessment of the issuance of the Certificate of Compliance with Security and Public Order Conditions and the examination fee for obtaining a Professional Security Guard Certificate as prescribed by law.

Article 26. Responsibilities of Stamp Manufacturing Units

In addition to the responsibilities stipulated in Article 25 of this Decree, stamp manufacturing units shall also be responsible for:

1. Publicly posting the procedures for receiving stamp production application files and the pricing for stamp engraving at their business premises.

2. Producing stamps using durable materials with high stability.

3. Strictly storing and transferring stamps to competent public security authorities for registration as prescribed, without directly delivering stamps to customers except for those of enterprises not under the management scope of public security authorities as provided by laws on stamp management and usage.

4. Not providing design templates of stamps of agencies and organizations to unauthorized persons.

5. Immediately notifying the public security authority to verify and clarify individuals suspected of producing stamps in violation of regulations.

Article 27. Responsibilities of Business Units Selling Support Tools and Paintball Gun Business Units

In addition to the responsibilities stipulated in Article 25 of this Decree, business units selling support tools and paintball gun business units shall also be responsible for:

1. Arranging storage facilities for support tools and paintball guns that ensure safety as prescribed by law.

2. Issuing internal regulations regarding security, order maintenance, fire prevention, and explosion prevention, and publicly posting them in easily visible and readable locations within the storage facilities for support tools and paintball guns.

3. Only purchasing support tools, paintball guns, ammunition, and accessories from legitimate sources and only selling such items to agencies and organizations authorized by competent public security authorities.

4. Only repairing support tools and paintball guns for agencies and organizations upon obtaining permission from public security authorities.

5. Ensuring safety when providing services for the use of paintball guns and only offering these services to individuals aged eighteen years or older.

6. During the provision of paintball gun usage services, the business unit must have medical personnel on standby to handle any incidents that occur.

Article 28. Responsibilities of Firework Business Units

In addition to the responsibilities stipulated in Article 25 of this Decree, fireworks business units shall also be responsible for:

1. Arranging storage facilities for firework raw materials and finished products according to legal provisions on firework management and usage.

2. Issuing internal regulations regarding security, order maintenance, fire prevention, and explosion prevention, and publicly posting them in easily visible and readable locations.

3. Only producing, processing, and selling fireworks as prescribed by laws on firework management and usage.

4. Properly handling the production, storage, and transportation of fireworks in accordance with regulations applicable to hazardous goods concerning fire and explosion risks.

5. Importing and exporting fireworks and raw materials used in their production must have permits issued by competent authorities as prescribed by laws on firework management and usage.

6. Only selling fireworks to agencies and organizations with valid authorization documents from competent state management authorities.

7. For fireworks that are no longer usable, a liquidation committee must be established and they must be destroyed in accordance with legal provisions.

Article 29. Responsibilities of Pawnshop Business Units

In addition to the responsibilities stipulated in Article 25 of this Decree, pawnshop business units shall also be responsible for:

1. Checking the identification documents of individuals bringing assets for pawning, including: Identity Card, Citizen Identification Card, Passport, or other personal documents with photographs issued by state management authorities, still valid, and retaining copies of these documents at the business premises.

2. Establishing a pledge contract in accordance with legal provisions.

3. For assets requiring ownership certificates as prescribed by law, only accepting them if they are accompanied by complete ownership documents, and the business unit must retain original copies of these documents during the pledge period.

4. For assets owned by third parties, a valid power of attorney from the owner must be presented.

5. Not accepting assets of unknown origin or obtained through illegal activities.

6. The interest rate for loans provided when accepting assets for pawning shall not exceed the rate prescribed by the Civil Code.

7. Arranging storage facilities for pledged assets and ensuring their safety.

Article 30. Responsibilities of Businesses Operating Massage Services

In addition to the responsibilities stipulated in Article 25 of this Decree, businesses operating massage services shall be responsible for:

1. Arranging a secure place for storing customers' personal belongings and assets.

2. Providing separate rooms for male and female customers when providing massage services.

Article 31. Responsibilities of Businesses Operating Equipment for Vehicles with Priority Signals

In addition to the responsibilities stipulated in Article 25 of this Decree, businesses operating equipment for vehicles with priority signals shall be responsible for:

1. Not importing or producing types of equipment that exceed sound and light standards for sirens and lights as prescribed in Decree No. 109/2009/NĐ-CP dated December 1, 2009 on vehicle priority signals, and products must have documentation proving legal origin and source.

2. Selling the correct quantity and type of equipment for vehicles with priority signals to agencies, organizations, and individuals listed in the license issued by the competent authority as prescribed.

Article 32. Responsibilities of Businesses Operating Security Services

In addition to the responsibilities stipulated in Article 25 of this Decree, businesses operating security services shall be responsible for:

1. Selecting and using security service personnel who meet the following criteria:

a) Having full civil capacity; no criminal record for offenses such as murder, intentional infliction of injury, or property-related crimes;

c) Holding a health certificate from a medical center or hospital at district level or higher confirming their fitness for work;

d) Possessing a secondary school diploma or higher;

e) Not employing foreigners or overseas Vietnamese to be responsible for security and public order at the business premises or directly managing business operations, or working as security service personnel.

2. Only using security service personnel who have been trained and obtained a Professional Security Certificate.

3. Entering into labor contracts with security service personnel in accordance with the provisions of the law.

4. Conducting training for security service personnel only after the competent police authority has reviewed and approved the content of the training program and curriculum.

5. Issuing identification badges and uniforms (with logos attached to the shirt registered with the competent police authority) to security personnel under their management.

6. Signing economic contracts to provide security services before implementing security operations.

7. Not providing security services to targets, objects, or activities contrary to the law.

8. Within five days from the start of security operations at provinces or centrally-administered cities outside the business premises, they must submit a notification letter along with a certified copy of the Certificate of Compliance with Security and Public Order Conditions; a list of security service personnel and the number and type of support tools (if any) at the security target to the Police Station of the commune, ward, or town where the security target is located.

9. For foreign-invested businesses, within twenty days from the start of business operations, they must provide to the competent police authority a statistical list of machinery and technical equipment for security purposes invested by foreign businesses, accompanied by valuation documents for the machinery and technical equipment from provincial-level price management authorities or higher.

Article 33. Responsibilities of casino business establishments and electronic game establishments with rewards for foreigners

In addition to the responsibilities stipulated in Article 25 of this Decree, casino business establishments and electronic game establishments with rewards for foreigners shall have the following responsibilities:

1. Issue internal regulations (in Vietnamese and foreign languages) specifying security, public order maintenance, social evil prevention, fire prevention and explosion prevention measures, and post them at the entrance of the business area.

2. Check customers' identification documents, record full information in the management logbook, and retain copies of customers' identification documents participating in the service.

3. Compile statistics on the quantity and types of electronic gaming machines with rewards provided by the business establishment and submit them to the competent police authority, along with valid copies of documents proving the legitimate origin and source of these machines.

4. Not allow individuals who are not permitted to play electronic games with rewards and casino games according to the laws on operating electronic games with rewards for foreigners and casino operations to enter the business establishment.

5. Immediately notify the police when discovering customers carrying weapons, explosives, or support tools into the business area.

6. Foreigner-oriented electronic game establishments and casino business establishments must have at least 30% of their security staff members from the business establishment's security service provider.

In addition to the responsibilities stipulated in Article 25 of this Decree, debt collection service business establishments shall have the following responsibilities:

1. Select and employ debt collectors who do not have criminal records for offenses such as murder, disturbing public order, intentionally causing bodily harm, defaming others, and property-related offenses.

2. Only operate within the scope allowed by law and must have a power of attorney from the creditor.

3. Must notify the police station of the locality where the debt collection will take place in writing three days before implementing the debt collection contract.

4. When performing debt collection, they may not use force or threaten to use force, nor may they use means that affect public order.

5. Not use individuals who are not employees of the business establishment to perform debt collection.

Article 35. Responsibilities of betting service business establishments

In addition to the responsibilities stipulated in Article 25 of this Decree, betting service business establishments shall have the following responsibilities:

1. Issue internal regulations ensuring security and public order, and post them in visible and readable locations within the business establishment.

2. Not employ staff who have criminal records for gambling offenses, organizing gambling, or providing gambling facilities, or for usury.

3. Immediately notify the police when discovering individuals carrying weapons, explosives, support tools, or flammable substances into the business area.

Article 36. Responsibilities of gas business establishments

In addition to the responsibilities stipulated in Article 25 of this Decree, gas business establishments shall have the following responsibilities:

1. Issue fire prevention and firefighting regulations, and post them in visible and readable locations.

2. Strictly comply with all regulations concerning fire and explosion prevention safety.

3. Properly and fully implement procedures in production, storage, and transportation of goods with high fire and explosion risks.

Article 37. Responsibilities of enterprises dealing with industrial explosives and explosive precursors

In addition to the responsibilities stipulated in Article 25 of this Decree, enterprises dealing with industrial explosives and explosive precursors shall have the following responsibilities:

1. To promulgate internal regulations concerning security, public order, fire prevention, and explosion prevention measures, and post them in visible and easily readable locations.

2. To arrange storage facilities for industrial explosives and explosive precursors in compliance with prescribed standards; not to store explosive materials and explosive precursors together with flammable substances in the same warehouse.

3. To comply with legal provisions on the storage and transportation of hazardous goods during the storage and transportation of industrial explosives and explosive precursors.

Article 38. Responsibilities of enterprises dealing with industries and trades using industrial explosives and explosive precursors and blasting services

In addition to the responsibilities stipulated in Article 25 of this Decree, enterprises dealing with industries and trades using industrial explosives and explosive precursors and blasting services shall have the following responsibilities:

1. To promulgate internal regulations concerning security, public order, fire prevention, and explosion prevention measures, and post them in visible and easily readable locations within the area where industrial explosives are stored and used.

2. To arrange storage facilities for industrial explosives and explosive precursors in compliance with the standards set by specialized state management agencies; not to store explosive materials, explosive precursors, and flammable substances in the same warehouse.

3. For enterprises that need to use industrial explosives but do not directly carry out blasting activities themselves and instead hire blasting service providers, they may only engage such providers who have been granted a Certificate of Eligibility for Security and Public Order, a Blasting Service Permit, and are exempted from the provisions of Clauses 1 and 2 of this Article.

4. At least six days before conducting blasting operations, the enterprise must submit a notification in writing to the police department of the district where the blasting activity will take place to coordinate in ensuring security and public order.

5. If there is surplus industrial explosive material that has not been used, it must be returned to storage for strict management or resold to the supplier.

6. Strictly prohibit purchasing industrial explosives or explosive precursors from organizations or individuals who are not authorized to deal in these products.

Article 39. Responsibilities of enterprises dealing with printing services

In addition to the responsibilities stipulated in Article 25 of this Decree, enterprises dealing with printing services shall have the following responsibilities:

1. To promulgate internal regulations concerning security, public order, fire prevention, and firefighting, and post them in visible and easily readable locations.

2. To ensure the safe storage of printing materials and products in terms of fire prevention and firefighting.

3. To only accept printing, post-printing processing, and plate-making of products that have complete legal procedures, documents, and economic contracts as required by law.

4. Not to print materials containing content contrary to national morals, customs, and other materials that violate legal provisions.

Article 40. Responsibilities of Businesses Dealing with Equipment Causing Interference and Disruption to Mobile Communication Signals

In addition to the responsibilities stipulated in Article 25 of this Decree, businesses dealing with equipment causing interference and disruption to mobile communication signals shall also be responsible for:

1. Only trading in equipment causing interference and disruption to mobile communication signals that have legitimate origin and source.

2. Arranging secure and safe storage facilities for equipment causing interference and disruption to mobile communication signals.

3. Being permitted to sell equipment causing interference and disruption to mobile communication signals only to agencies and organizations when they have a written permit from authorized agencies of the Public Security or Military authorities according to regulations of the Ministry of Public Security, the Ministry of National Defense, or other agencies and organizations approved by the Prime Minister for use.

4. Submitting quarterly reports, accompanied by statistics of agencies that have purchased equipment causing interference and disruption to mobile communication signals, to the competent Public Security agency.

5. Organizing the destruction of equipment causing interference and disruption to mobile communication signals when they are damaged.

Article 41. Responsibilities of Businesses Dealing with Aesthetic Surgery Services

In addition to the responsibilities stipulated in Article 25 of this Decree, businesses dealing with aesthetic surgery services shall also be responsible for:

1. Checking and retaining copies of identity documents of customers in their files, including one of the following types of documents:

Identity Card or Citizen Identification Card or Passport for customers aged 14 years and above; Birth Certificate for customers under 14 years old.

2. For customers aged 14 years and above, if performing surgery to change facial features, the business must take a portrait photograph of the customer before and after the surgery, size 4x6 cm, and keep it in the customer's surgical file.

3. Submitting quarterly reports, accompanied by copies of identity documents and photographs of customers as specified in Clauses 1 and 2 of this Article, to the competent Public Security agency.

Article 42. Responsibilities of Businesses Dealing with Karaoke Services

In addition to the responsibilities stipulated in Article 25 of this Decree, businesses dealing with karaoke services shall also be responsible for:

1. Issuing internal regulations on security, public order maintenance, social evil prevention, fire prevention and firefighting, and posting them in visible and easily readable locations.

2. Immediately reporting to the Public Security agency when discovering customers bringing weapons, explosives, support tools, flammable materials into karaoke rooms or customers suspected of using drugs.

Article 43. Responsibilities of Businesses Dealing with Nightclub Services

In addition to the responsibilities stipulated in Article 25 of this Decree, businesses dealing with nightclub services shall also be responsible for:

1. Issuing internal regulations on security, public order maintenance, social evil prevention, fire prevention and firefighting, and posting them in visible and easily readable locations.

2. Employing at least 30% of security personnel from security service businesses.

3. Immediately reporting to the Public Security agency when discovering customers bringing weapons, explosives, support tools, flammable materials into nightclubs or customers suspected of using drugs.

Article 44. Responsibilities of Businesses Dealing with Accommodation Services

In addition to the responsibilities stipulated in Article 25 of this Decree, businesses dealing with accommodation services shall also be responsible for:

1. Issuing internal regulations on security, public order maintenance, social evil prevention, fire prevention and firefighting, and posting them in visible and easily readable locations.

2. Checking identity documents of guests staying, including one of the following types of documents: Identity Card; Citizen Identification Card; Passport; Permanent Residence Card or Temporary Residence Card (for foreigners); other photo-bearing documents issued by Vietnamese state management agencies.

If guests staying do not have identity documents, the business must immediately report to the Police Station of the commune, ward, town or police station managing the area after assigning them to a room.

3. Recording full information of guests staying in the guestbook (or entering full information into a computer) before allowing them to enter their room.

4. Reporting to the Police Station of the commune, ward, town or police station managing the area for Vietnamese guests staying and declaring temporary residence for foreign guests staying overnight or by the hour before 23:00 on the same day. If guests arrive after 23:00, the report must be made before 08:00 the next morning. The report shall be made through the following methods:

a) For Vietnamese guests staying, if the business has connected to the Internet with the Public Security agency, the report will be made via the Internet; if the business has not connected to the Internet, the report will be made directly at the Public Security agency or reported by phone;

b) For foreign guests, the business must fill out a Temporary Residence Declaration Form for Foreigners and submit it to the Public Security agency.

5. Checking and managing identity documents of visitors to guests staying in rooms, recording full information in the book and returning the identity documents when they leave the accommodation service business.

6. Storing information of guests staying and information of visitors to guests staying in rooms for at least 36 months.

7. If guests bring weapons or support tools, the business must request them to present a usage permit issued by the Public Security agency or Military, and if they cannot produce such a permit, the business must immediately report to the Public Security agency.

Article 45. Responsibilities of business establishments supplying military uniforms, equipment for armed forces, weapons, technical equipment, military gear, specialized vehicles for the Military and Public Security; parts, components, accessories, materials, and special equipment, specialized technology for manufacturing them.

In addition to the responsibilities stipulated in Article 25 of this Decree, business establishments supplying military uniforms, equipment for armed forces, weapons, technical equipment, military gear, specialized vehicles for the Military and Public Security; parts, components, accessories, materials, and special equipment, specialized technology for manufacturing them shall have the following responsibilities:

1. Properly arrange storage facilities in accordance with regulations on storing flammable and explosive substances as prescribed by laws on fire prevention and fighting.

2. Only import and sell raw materials and goods with documentation proving their legal origin and source.

3. Only sell or deliver products to units, organizations, or individuals upon receiving written approval from competent authorities of the Military or Public Security.

4. Products that are defective or substandard and cannot be used must be liquidated and destroyed in accordance with regulations.

5. Within twenty days from the start of operations, business establishments shall provide competent Public Security authorities with approval documents or contracts as specified in Clause 3, Article 13 of this Decree.

Chapter VI

RESPONSIBILITIES OF MINISTRIES, AGENCIES EQUIVALENT TO MINISTRIES, GOVERNMENT AFFILIATED ORGANIZATIONS, AND PROVINCE PEOPLE'S COMMITTEES AS WELL AS INSPECTION AND AUDIT WORK

Article 46. Responsibilities of the Ministry of Public Security

The Ministry of Public Security is responsible before the Government for state management over security and public order nationwide concerning industries and trades subject to conditional investment operation as prescribed in this Decree to serve preventive work against crime and other violations of law, and has the following tasks and powers:

1. Guide and train businesses in ensuring security and public order for industries and trades subject to conditional investment operation regarding security and public order as prescribed in this Decree, except for security service businesses.

2. Issue a system of forms to serve management work on security and public order for businesses in these industries and trades as specified in Article 3 of this Decree.

3. Uniformly guide the design of uniforms, shirts, shoes, hats, shoulder straps, armbands, and hat badges for security service personnel.

4. Uniformly guide the examination of application files prior to issuing and revoking Certificates of Eligibility for Security and Public Order; implement post-inspection systems for persons responsible for security and public order and actual conditions at business establishments; conduct examinations and issue security service vocational certificates according to the principle of issuing only one type of security service vocational certificate covering all contents stipulated in the training curriculum for security service personnel as prescribed in this Decree, and carry out preventive measures, detection, resistance, and handling of violations of law exploiting industries and trades subject to conditional investment operation regarding security and public order to commit crimes and other illegal acts.

5. Organize the dissemination and popularization of laws on security and public order for businesses in these industries and trades as prescribed in this Decree, and guide businesses to develop plans to ensure security and public order.

6. Take the lead and coordinate with ministries and sectors to perform inspection, audit, complaint resolution, preventive measures, detection, struggle, and handling of violations of security and public order concerning these industries and trades as prescribed in this Decree within their authority.

7. Take the lead and coordinate with ministries and sectors to research and apply information technology, build electronic information databases to serve management work and related administrative procedures for organizations and individuals operating in these industries and trades as prescribed in this Decree.

8. Summarize and conclude the implementation of normative legal documents on security and public order work concerning these industries and trades as prescribed in this Decree.

9. Propose amendments and supplements to perfect normative legal documents on industries and trades subject to conditional investment operation regarding security and public order.

Article 47. Responsibilities of the Ministry of Finance

1. To take the lead and coordinate with the Ministry of Public Security to stipulate the level of fees, management, and use of fees for security condition assessment to issue Certificates of Satisfactory Security Conditions and fees for examination to issue Professional Security Service Certificates for security service personnel.

2. To coordinate with the Ministry of Public Security to prepare and settle the budget expenses to maintain the operation of the electronic information portal managing industries and trades subject to conditional business investment related to security and public order according to the State Budget Law and guiding documents.

Article 48. Responsibilities of Ministries, Agencies at the Ministerial Level, and Government Agencies

Ministries, agencies at the ministerial level, and government agencies shall perform the following tasks and powers:

1. To issue guiding documents to direct functional agencies under their jurisdiction to organize the implementation of this Decree.

2. To disseminate, promote, and educate laws in specialized fields related to industries and trades subject to conditional business investment related to security and public order managed by their own ministries or sectors.

3. To coordinate with the Ministry of Public Security to conduct inspection and audit work on compliance with security and public order conditions of businesses related to their own ministries or sectors within their authority.

4. To propose amendments and supplements to perfect legal normative documents concerning industries and trades subject to conditional business investment related to security and public order.

Article 49. Responsibilities of Provincial People's Committees and Municipal People's Committees under Central Government

To direct competent agencies under their jurisdiction to implement the following tasks and powers:

1. To manage state affairs over industries and trades subject to conditional business investment related to security and public order as prescribed in this Decree and other relevant legal documents within their authority.

2. To prevent, detect, combat, block, and handle crimes and other violations of law related to activities of industries and trades subject to conditional business investment related to security and public order in their localities.

3. To propose amendments and supplements to perfect legal normative documents concerning industries and trades subject to conditional business investment related to security and public order.

Article 50. Inspection and Audit

1. The police agency with the authority shall conduct comprehensive inspections and audits on compliance with regulations on security and public order for businesses operating in industries and trades subject to conditional business investment related to security and public order through regular methods not exceeding once a year or extraordinary methods.

Extraordinary inspections may only be conducted when a business is found to have violated or has signs of violating laws related to security and public order; there is a complaint or accusation from organizations or individuals about violations of laws related to security and public order in the business; or to serve the strengthening of security and public order work according to directives from authorized agencies.

2. Content of inspection and audit:

a) Inspect and audit legal documents in the file; the business content recorded in the License and Certificate of Satisfactory Security Conditions issued by the authorized police agency against the actual operation of the business.

b) Checking compliance with the provisions of this Decree and other related legal regulations;

c) Inspect persons and means, products, and services related to the business activity according to the law.

At the end of the inspection and audit, a record (in accordance with a unified model prescribed by the Ministry of Public Security) must be established clearly stating the results and existing issues or violations (if any).

3. Authority for inspection and audit:

a) The police agency issuing the Certificate of Satisfactory Security Conditions and directly managing the business has the authority to conduct regular annual or extraordinary inspections and audits.

b) Functional units under various levels of police may only inspect businesses within their management area when they discover that the business has violated or has signs of violating laws related to security and public order requiring immediate handling; or there is a complaint or accusation from organizations or individuals related to security and public order in the business within their management area. After inspection, they must issue a written report on the inspection results and handling of violations (if any) to the police agency that issued the Certificate of Satisfactory Security Conditions to the business.

c) Police at all levels, based on their functions and assigned tasks, if required to conduct extraordinary inspections to serve political tasks and strengthen security and public order protection, must obtain approval in writing from the head of the police agency at the district level or higher or have a directive from a superior police agency.

4. Violations discovered during the inspection and audit process must be strictly handled according to the provisions of the law.

Chapter VII

IMPLEMENTING PROVISIONS

Article 51. Effective Date

1. This Decree takes effect from July 1, 2016; abolishing Decree No. 52/2008/NĐ-CP dated April 22, 2008, on the management of security service business operations and Decree No. 72/2009/NĐ-CP dated September 3, 2009, on security and public order conditions for certain trades subject to conditional business investment.

2. During the implementation period, if legal normative documents cited for application in this Decree are amended, supplemented, or replaced, the cited contents will be applied according to the new effective documents.

Article 52. Transitional Provisions

1. Business establishments currently operating and already issued with a Certificate of Adequate Security and Public Order Conditions for security service business in accordance with Decree No. 52/2008/NĐ-CP dated April 22, 2008 on the management of security service business, or a Certificate of Adequate Security and Public Order Conditions in accordance with Decree No. 72/2009/NĐ-CP dated September 3, 2009 stipulating security and public order conditions for certain conditional business sectors and activities still ongoing in accordance with the law shall continue to operate. Within a period not exceeding 18 months from the date this Decree takes effect, business establishments must comply with the provisions of this Decree and exchange their Certificates of Adequate Security and Public Order Conditions without paying any fee for the exchange.

2. The security business vocational certificates already issued to security personnel in accordance with Decree No. 52/2008/NĐ-CP dated April 22, 2008 on the management of security service business shall continue to be valid for use.

Article 53. Guidance on Implementation and Responsibility for Enforcement

1. The Minister of Public Security shall be responsible for organizing implementation and guiding the inspection of the enforcement of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees, and organizations and individuals related to conditional business sectors and activities concerning security and public order shall be responsible for enforcing this Decree.