Nghị định 08/2001/NĐ-CP của Chính phủ quy định về điều kiện an ninh, trật tự đối với một số ngành, nghề kinh doanh có điều kiện

DECREE

PRESCRIBING THE SECURITY AND ORDER CONDITIONS TO BE MET BY A NUMBER OF CONDITIONAL BUSINESS LINES AND TRADES

Pursuant to the Law on Organization of the Government of September 30, 1992;

Pursuant to Enterprises Law No. 13/1999/QH10 of June 12, 1999;

Pursuant to Article 11 of the Ordinance on the Vietnam People’s Police Force of January 28, 1989;

In order to enhance the work of guarding the national security, social order and safety; guarantee the legitimate business rights of organizations and individuals in business activities, thus contributing to the socio-economic development;

At the proposal of the Minister of Public Security,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.-This Decree prescribes the security and order conditions which must be met by a number of business lines and trades, which, in the course of operation, relate much to social security, order and safety (hereinafter collectively referred to as the business lines and trades involving security and order conditions).

All Vietnamese and foreign organizations and individuals; overseas Vietnamese, that are engaged in business lines and trades in Vietnam specified in Article 2 of this Decree, shall, irrespective of economic sectors, have to comply with the provisions of this Decree and other relevant legal documents.

Article 2.-Business lines and trades involving security and order conditions include:

1. Group of business lines and trades with "Certificate of security and order qualification":

a/ Seal engraving;

b/ Manufacture, trading, repair and rent of hunting guns, manufacture and trading of hunting gun cartridge and supporting equipment;

c/ Manufacture and trading of industrial explosive materials, as well as production and business lines which involve the use of industrial explosive materials;

d/ Trading in inflammable gases and liquids; dealing in high-rise buildings (with more than 10 stories) which are used as hotels, dwelling apartments or working offices.

2. Group of business lines and trades which require commitments to comply with the regulations and conditions on security and order:

a/ Rent of accommodations, lease of houses to foreigners;

b/ Printing;

c/ Pawning service;

d/ Karaoke business; dancing halls, massage.

3. For the security and order conditions for security service providing activities, the Government shall stipulate in separate documents.

4. Basing itself on the situation and requirements of the State management over security and order in each period, the Ministry of Public Security shall have to report and propose to the Government business lines and trades involving security and order conditions for appropriate readjustment.

Article 3.-All acts of taking advantage of business lines and trades involving security and order conditions to infringe upon the social security, order and safety or commit other law-breaking acts are strictly prohibited.

Chapter II

SECURITY AND ORDER CONDITIONS, THE PROCEDURES AND RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS CONDUCTING CONDITIONAL BUSINESS LINES AND TRADES

Article 4.-Security and order conditions include:

1. Conditions on the business subjects:

The heads of the establishments engaged in business lines or trades involving security and order conditions must have clear backgrounds and do not fall into one of the following cases:

a/ Minors; persons with limited civil act capacity or persons who have lost their civil act capacity;

b/ Persons against whom criminal cases have been instituted and investigation, prosecution or trial is being carried out by the criminal proceedings bodies;

c/ Persons who are banned by court from holding positions or practicing jobs related to business lines and trades involving security and order conditions, subject to residence ban, servicing imprisonment sentences, are on probation or subject to one of other administrative handling measures, such as: education in communes, wards or district townships, consignment to reformatories, medical establishments or administrative probation;

d/ Persons who had been sentenced for offenses of infringing upon the national security, particularly serious offenses and other offenses directly related to the said business lines and trades involving security and order conditions, but not yet have their criminal records wiped out.

2. Conditions on business establishments:

a/ Meeting the conditions of safety in fire prevention and fighting, explosion and poisoning prevention and environmental hygiene;

b/ Ensuring public order and safety;

c/ Being not located in the restricted areas prescribed by law.

Article 5.-Organizations and individuals engaged in business lines and trades involving security and order conditions shall be allowed to conduct their business activities only after being granted by the Police Department in charge of administrative management of social order under the Ministry of Public Security or provincial-level Public Security Offices "certificate of security and order qualifications" (for groups of trades specified in Clause 1, Article 2 of this Decree) or upon having committed themselves to strictly comply with the security and order regulations and conditions with the provincial/district Public Service Offices (for group of trades specified in Clause 2, Article 2 of this Decree).

Article 6.-A dossier of application for "certificate of security and order qualifications" comprises:

1. An application for "certificate of security and order qualifications";

2. A copy of the business registration certificate;

3. The curriculum vitae of the head of the business establishment engaged in business lines and trades involving security and order conditions.

In addition to the above generally prescribed papers, the Ministry of Public Security shall base itself on the security and order conditions prescribed in Clauses 1 and 2, Article 4 of this Decree to specify dossiers suitable to each business line or trade.

Within 10 days after receiving complete dossiers, the Police Department in charge of administrative management of social order under the Ministry of Public Security or the provincial-level Public Security Offices shall have to grant "certificate of security and order qualifications" to organizations and individuals engaged in business lines and trades involving security and order conditions. In cases where the conditions are not fully met, the Police Offices shall have to notify in writing the organizations and individuals applying for business licenses and business registration bodies of the refusal to grant certificates, clearly stating the reasons therefor.

Article 7.-As soon as a business establishment goes bankrupt, has its operation ceased, is dissolved or merged with another establishment, or no longer conducts lines or trades specified in Clause 1, Article 2 of this Decree, its certificate of security and order qualifications shall no longer be valid. In cases where a business establishment changes its business line or trade as specified in Clause 1, Article 2 of this Decree, its business location or its head, it shall have to declare such to the police office that has granted the certificate and supplement its dossier for the granting of new certificate.

Organizations and individuals that apply for "certificates of security and order qualifications" shall have to pay a fee prescribed by the Finance Ministry.

Article 8.-Organizations and individuals engaged in business lines and trades specified in Clause 2, Article 2 of this Decree, when submitting their written commitments to the provincial- or district-level police offices, shall have to enclose the following papers:

1. The curriculum vitae of the head of the establishment engaged in a business line or trade involving security or order conditions;

2. A copy of the business registration certificate.

In addition to the above generally prescribed papers, the Ministry of Public Security shall base itself on the requirements of security and order protection to specify the dossier suitable to each line or trade.

Article 9.-Organizations and individuals engaged in business lines and trades involving security and order conditions shall have to fully comply with the following regulations in the course of operation:

1. To notify in writing the police offices of communes, wards and district townships, where the business establishments are located, of the time point they officially commence their business operations;

2. To comply with the regulations on security and order in this Decree and the guidance of the Ministry of Public Security for each specific line or trade;

3. To detect and promptly report to the police offices cases or suspicions related to security and order in the business course;

4. To abide by the instructions and to submit to the inspection of security and order by the competent police offices.

Article 10.-The heads of the establishments engaged in business lines and trades involving security and order conditions shall be held responsible before law for all operations of the establishments they are in charge of.

Chapter III

RESPONSIBILITIES AND POWERS OF THE MINISTRIES, BRANCHES AND PEOPLE’S COMMITTEES OF ALL LEVELS FOR MANAGING ACTIVITIES OF ESTABLISHMENTS ENGAGED IN BUSINESS LINES AND TRADES INVOLVING SECURITY AND ORDER CONDITIONS

Article 11.-The Ministry of Public Security shall:

1. Exercise the uniform State management over security and order for conditional business lines and trades specified in this Decree nationwide;

2. Promulgate documents on the system of forms in service of the State management over security and order for business lines and trades involving security and order conditions prescribed in this Decree.

3. Give professional instructions and fostering courses on security and order protection to guarding forces of establishments engaged in business lines and trades involving security and order conditions;

4. Prescribe the regime of supplying information and reporting on the observance of the regulations on security and order applicable to conditional business lines and trades according to the provisions of this Decree;

5. Guide the order and procedures for granting "certificates of security and order qualifications", and receive commitments to comply with the regulations and conditions on security and order from organizations and individuals engaged in business lines and trades involving security and order conditions;

6. Guide the police forces of all levels in conducting inspections of security and order in the establishments engaged in business lines and trades involving security and order conditions with the following inspecting contents:

a/ Checking valid papers on business lines and trades involving security and order conditions; and comparing the business contents inscribed in the licenses with the actual business operations of the establishments;

b/ Inspecting the observance of the security and order conditions according to the provisions of this Decree and the Ministry of Public Securitys guidance for each type of trade;

c/ Inspecting persons and means related to operations of establishments that show signs of breaking law as prescribed;

d/ The inspection must be conducted in strict compliance with the inspecting procedures according to the Governments current regulations on inspection and examination of enterprises.

Article 12.-The Ministry of Planning and Investment and the Ministry for Foreign Affairs shall have to coordinate with the Ministry of Public Security in:

1. Directing the provincial/municipal Planning and Investment Services and business registration bodies of all levels to guide organizations and individuals in applying for registration of business lines and trades involving security and order conditions strictly according to the provisions of law;

2. Guiding foreign organizations and individuals and overseas Vietnamese to apply for licenses for investment in business lines and trades involving security and order conditions according to the provisions of this Decree;

Article 13.-The Finance Ministry shall assume the prime responsibility and coordinate with the Ministry of Public Security in guiding the collection and use of fees for granting "certificates of security and order qualifications" to organizations and individuals engaged in business lines and trades involving security and order conditions.

Article 14.-The ministries, the ministerial-level agencies, the agencies attached to the Government, the Peoples Committees of the provinces and centrally-run cities shall, within the ambit of their functions, tasks and powers, have to coordinate with the Ministry of Public Security in managing and inspecting operations of organizations and individuals engaged in business lines and trades involving security and order conditions under their respective management.

Chapter IV

COMMENDATION, REWARDS AND HANDLING OF VIOLATIONS

Article 15.-Organizations and individuals that record achievements in implementing this Decree shall be considered for commendation and/or rewards according to the provisions of law.

Article 16.-Organizations and individuals engaged in business lines and trades involving security and order conditions that violate the provisions of this Decree and other relevant legal documents shall, depending on the nature and seriousness of their violations, be administratively sanctioned, have their operations suspended or their "certificates of security and order qualifications" withdrawn, or be examined for penal liability according to the provisions of law.

Article 17.-Those who abuse their positions and powers to wrongly implement law provisions on management of and inspection and handling of violations in the conditional business lines and trades prescribed in this Decree shall, depending on the nature and seriousness of their violations, be disciplined, administratively sanctioned or examined for penal liability according to the provisions of law.

Chapter V

IMPLEMENTATION PROVISIONS

Article 18.-Organizations and individuals that are engaged in business lines involving security and order conditions and have already been granted "certificates of security and order qualifications" according to the Governments Decree No.17/CP of December 23, 1992, if fully meeting the conditions prescribed in this Decree, shall be allowed to continue their business operations without having to make written commitments or having their "certificates of security and order qualifications" renewed. However, they shall, in the course of business operation, have to comply with the provisions of this Decree and guiding documents of the Ministry of Public Security.

Article 19.-This Decree takes effect 15 days after its signing and replaces the Governments Decree No.17/CP of December 23, 1992 on management of special business lines.

The Minister of Public Security shall have to guide, inspect and monitor the implementation of this Decree.

Article 20.-The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the Peoples Committees of the provinces and centrally-run cities shall have to implement this Decree.