People's Republic of China promulgated by Decree No. 564
Security services regulations of the Executive meeting of the State Council on September 28, 2009 the 82nd adopted, promulgated and come into force since January 1, 2010.
Prime Minister Wen Jiabao
The October 13, 2009
Security services regulations
Chapter I General provisions
First in order to regulate the security service, strengthen management of units engaged in security services and security guards, to protect personal safety and property security, maintain social order, this Ordinance is enacted.
The second security services are referred to in these regulations means:
(A) security services company according to the security services contract, sent security guards to guard customer units, patrolling, guard, escort, hand guards, safety inspections, and safety technology, safety and risk assessment services;
(B) organs, organizations, enterprises or institutions recruiting employees engaged in the Unit guards, patrols, guards and other security work;
(C) property service enterprises recruiting employees within the Realty Management area guards, patrols, order maintenance and other services.
The preceding paragraph (b) and (c) of the organs, organizations, enterprises, institutions and property services companies, collectively employ security guards unit on their own. Third public security department under the State Council is responsible for supervision and management of the national security service.
Local people's Governments at or above the county level responsible for the administration of public security organs in the supervision and administration of the security service.
Security industry association under the guidance of the police, security service industry self-regulation activities carried out according to law.
Article fourth security service company and hire their own security guards unit (hereinafter referred to as security guard units) shall establish and improve the security management system, post responsibility system and security management system, strengthening the management, education and training for security guards, raise the level of security of professional ethics, professional quality and sense of responsibility.
Article fifth security guard units shall guarantee security in social security, employment, labor protection, wages and benefits, education and training and other aspects of the legal rights and interests.
Sixth security service should be civilized, lawful and must not harm the social and public interests or infringe upon the legitimate rights and interests.
Security Officer security services engaged in activities according to law, are protected by law.
Article seventh in protecting public property and people's lives and property safety, the prevention and suppression of illegal and criminal activities have made outstanding contributions to the security guards and security guards, police and other departments concerned shall give commendations and awards.
Chapter II security services company
Article eighth security service company shall meet the following conditions:
(A) there are no less than RMB 1 million yuan of registered capital;
(B) security services company to be appointed legal representative and key management personnel should possess the necessary professional knowledge and related operational experience, without criminal punishment, rehabilitation, reeducation, compulsory isolation treatment or have been dismissed, discharged from such adverse record;
(C) compatible with the security services provided by professional and technical personnel, legal and administrative rules and eligibility requirements for professional and technical personnel, should qualify as a corresponding;
(D) accommodation and facilities required to provide security services and equipment;
(E) security services and the perfect organization management system, post responsibility system and security management system.
Nineth company applying for the establishment of security services, to the seat of the municipal government public security organs to submit applications and be able to demonstrate that it complies with the conditions specified in section eighth materials. Before the public security organ shall, from the date of receipt of the application materials in the 15th review and audit opinion report of provinces, autonomous regions and municipalities public security organs.
The provinces, autonomous regions and municipalities public security organ shall, from the date of receipt of an audit opinion in the 15th decision meets the conditions of and issue permits for security services; do not meet the conditions, and notify the applicant in writing and state the reasons.
Article tenth armed guard security services companies providing armoured transportation services, shall conform to the Ministry of public security departments of the State Council of armed guard escort service planning, layout, with the conditions laid down in article eighth, and meet the following conditions:
(A) there are no less than RMB 10 million yuan of registered capital;
(B) State-owned or State-owned capital accounted for more than 51% of total registered capital;
(C) is consistent with the full-time guards and escorts firearms using the conditions specified in regulation guard escorts;
(D) is consistent with the State standards or industrial standard of special transport vehicles, and communication and alarm equipment. Section 11th engages in armed guard security services companies providing armoured transportation services, should be the seat of the municipal people's Government public security organs to submit applications and be able to demonstrate their compliance with this section eighth and tenth article condition of materials.
Security services company for the creation of armed guards escort business, no need to demonstrate that it complies with the conditions specified in section eighth submitted material. Before the public security organ shall, from the date of receipt of the application materials in the 15th review and audit opinion report of provinces, autonomous regions and municipalities public security organs.
The provinces, autonomous regions and municipalities public security organ shall, from the date of receipt of an audit opinion in the 15th decision meets the conditions of, issued by the security services engaged in armed guard escort business licenses or injection on the existing security service license armed guards escort services does not meet the conditions, and notify the applicant in writing and state the reasons. Article 12th security service license to the applicant, by the Security Service license registered with the industrial and commercial administrative organs for industry and commerce.
Security Service license obtained not more than 6 months after industrial and commercial registration, access to security service license expiration. Security service companies to set up branch offices, where the branch is located should be divided into districts, the municipal government public security organ for the record.
Record shall provide the Corporation's security services permit and business license, company legal representative, the basic situation of branch managers and security guards.
Security services of the change of the legal representative of the company shall be examined by the original approval of the public security organs and audit files to the administrative organ for industry and Commerce for registration of change.
Chapter employs its own security guards unit
13th employs security guards unit should have its own legal personality, that complies with the conditions specified in the regulations of security guards, has a sound security management system, the accountability system and security management system.
Entertainment place shall, in accordance with the provisions of the regulations on entertainment, hire security guards from the security services company shall not recruit their own security guards.
Article 14th recruit security guards units, beginning with the start date of the security services should be located within the 30th district of the municipal people's Government of the public security organ for the record, the record should provide the following materials:
(A) legal person qualification certificates;
(B) the legal representatives (in charge), in charge of the basic situation of officials and security guards;
(C) the basic situation of regional security service;
(D) building services management system, the responsibility for security systems, security guard management system.
Recruit their own security guard units are no longer recruiting for security guard services, security services shall cease within 30th of public security organ to record undo records.
Article 15th employs security guards unit may units or property management areas to provide security services.
Fourth chapter security officer 16th 18 years of age, good health, good character, Chinese citizens have a junior high school education may apply for a certificate of security guards, security services.
Applicant to the district, the municipal security authorities examination, examination and retention of human biological information such as fingerprints, to the security certificate.
Extraction, retired security guard fingerprinting of human biological information such as specific measures by the public security department under the State Council.
17th under any of the following circumstances shall not act as security officer:
(A) has been receiving education, compulsory isolation rehabilitation, reeducation through labor, or more than 3 times in administrative detention;
(B) has been criminal punishment for an intentional crime;
(C) the security certificate has been revoked for less than 3 years;
(D) has twice been revoked security certificate. 18th security guard unit should meet the conditions for security guards, and recruited security guard labor contract law.
Security guards and security officers shall participate in social insurance.
Security guard units should be based on the security services need to be security guards on a regular basis for legal, security, expertise and skills training.
19th security guard unit should periodically to check the security guard, found unqualified or serious violations of the security guard management system needs to terminate the labor contract should be in accordance with the law.
20th security guard units should be according to the degree of risk for the security guards of the security services insurance accident insurance.
Security guards due to injuries at work, in accordance with the State regulations on industrial injury insurance work-related injury insurance benefits; security guards sacrifice was approved as a martyr, in accordance with relevant State provisions of martyrs praise enjoyed on pensions and preferential treatments.
The fifth chapter security service 21st security services company providing security services security services contract with the customer, clearly defined services, content as well as the rights and obligations of both parties.
Security service after the termination of the contract, the security services security services contract should be at least 2 years away for future reference.
Security service customers should be asked to provide verification of the legality of the security services, for illegal security services request should be refused, and reported to the police.
22nd District of local people's Governments above city level determine the relationship between national security, involve State secrets and other security units shall not employ foreign-owned, Sino-foreign joint ventures, Chinese-foreign cooperative security service companies to provide security services. Article 23rd security company provided security guards across provinces, autonomous regions and municipalities directly under the unit to provide security services for the customer shall be made to the district municipal people's Government of public security authorities at their place of service record.
Security service permit record should provide security service companies and industrial and commercial business license, the head of the security service contract, service and security fundamentals. 24th security service company should be in accordance with the Security Service service standard provides a specification of security services, security services company sent security officers shall comply with the customer relevant rules and regulations.
Customers should be engaged in security guard services to provide the necessary conditions and guarantees.
25th security services technology that is used in products shall comply with the quality requirements.
Security services install monitoring equipment shall comply with the relevant technical specifications, using monitoring devices shall not infringe the legitimate rights and interests of another person or personal privacy.
Security services in the form of surveillance, alarm image information, should be retained at least 30th for future reference, security guard unit and the customer shall not delete or spread.
26th security guards unit in the security services informed of State secrets, business secrets, and customer expressly requested confidential information should be kept confidential.
Security personnel shall not be ordered, condoned hinder enforcement of security guards public, participate in the recovery of debts, using violence or the threat of violence dispose of disputes. 27th induction should be security guard uniform, wearing the national uniform security services logo.
Clothing and security guard service marks should be the people's Liberation Army, people's armed police and police, Commerce, taxation and other administrative law enforcement organs and people's courts, people's procuratorates staff uniforms, logo clothing was markedly different. Clothing from the national security guard services industry association recommended specifications, recommended by the security services business unit model within the selection.
Security service patterns determined by the National Security Service Association. 28th security guard units should be according to the needs of Security Service posts for security guards are equipped with the necessary equipment.
Security Services post equipped with standard by the public security department under the State Council.
Article 29th in the security services, to perform security duties, security guards can take the following measures:
(A) access for the inspection services area of the papers, registration out of the vehicle and goods;
(B) the service area to patrol, guarding, security, alarm monitoring;
(C) at airports, stations, terminals and other public places on staff security checks and the items they carry, the maintenance of public order;
(D) performing armed guard escort tasks, based on the tasks needed to set up a temporary separation, but normal activities should be reduced as much as possible to the citizen in the way.
Security guards should be promptly stopped criminal behavior in the service area, to combat criminal acts should be immediately alert, at the same time take measures to protect the site.
Security guards in implementing the armed guard of armed guard escort service escort tasks using guns, used in accordance with the full-time guards and escorts firearms provisions of that regulation.
30th guards shall not be any of the following acts:
(A) limit the personal freedom, bodily searches or insulted, beaten them;
(B) the seizure, confiscation of documents and property of others;
(C) obstacles to perform official duties according to law;
(D) participation in the recovery of debts, using violence or the threat of violence dispose of disputes;
(E) excision or proliferation of security services in the form of surveillance, alarm image information;
(F) the violation of personal privacy or security services know State secrets, business secrets, and customer expressly requested confidential information;
(VII) other acts in violation of laws, administrative rules and regulations. 31st security guards have the right to refuse to carry out security guards unit or illegal instruction customer unit.
Security guard units the ground of security personnel do not perform illegal instruction to lift labor contract with the security guard, reducing their wages and other benefits, or stopped paying, and paying less for their payment of social insurance premiums according to law.
The sixth chapter the security training unit
32nd the security training unit shall meet the following conditions:
(A) is lawfully established security services company or established by law schools and vocational training institutions has legal personality;
(B) security training required for teachers, security professional staff should have undergraduate degree or 10 years of experience in security management;
(C) security training the necessary premises, facilities and other conditions.
Article 33rd units engaged in security training, to the seat of the municipal government public security organs to submit applications and be able to demonstrate that it complies with the conditions specified in section 32nd materials. Before the public security organ shall, from the date of receipt of the application materials in the 15th review and audit opinion report of provinces, autonomous regions and municipalities public security organs.
The provinces, autonomous regions and municipalities public security organ shall, from the date of receipt of an audit opinion in the 15th decision meets the conditions of and issue permits for security training; does not meet the conditions, and notify the applicant in writing and state the reasons. 34th guards engaged in armed guard escort service firearms training, Police Academy, police training institutions should be responsible for.
Take on police training institutions and police training institutions should be located provinces, autonomous regions and municipalities public security organ for the record.
35th security training unit shall, in accordance with the security guard training curriculum development of teaching plans and trained staff for legal, security expertise and skills, training and education.
Security guard training curriculum by the public security department under the State Council approval.
Supervision and administration of the seventh chapter
Article 36th should guide security guard units of public security organs to establish a sound security management system, the accountability system, security system and emergency response plan for emergency management, urge the security guard units to implement management systems.
Security guard, security guard training unit and the security guards shall be subject to the supervision of public security organs to check.
37th supervision and management information system of public security organs to establish security services, records unit of security personnel, security training and security-related information.
The public security organ shall extract, retaining confidentiality of security guards in human biological information such as fingerprints. Article 38th public security organs of the people's police security guards, security training unit conducting supervision and inspection shall produce documents found in the supervision and inspection of the problem should urge its rectification.
Supervision and inspection of the circumstances and consequences should be recorded, and by the public security organ of supervision and inspection staff and security guards, security guard training units of the signature. 39th people's Governments above the county-level public security organs shall publish complaints, accepted public security personnel, security and security guards complaints training unit.
Public security organ shall promptly investigate and deal with complaints and investigation results and feedback.
40th State organs and their staff shall not set up any security service company, shall not participate in or disguised the business activities of companies involved in the security services.
The eighth chapter legal liability
41st any organizations or individuals without permission, without authorization, security services, security training, shall be subject to administrative penalties for public security, and confiscated illegal income constitutes a crime, criminal responsibility shall be investigated according to law.
42nd security guard unit, one of the following circumstances, rectification and give a warning in serious cases, and to a fine of up to 10,000 yuan and 50,000 Yuan; has illegally obtained, confiscation illegal obtained:
(A) security services without police approval for change of the legal representative of the company;
(B) does not record or cancellation of record in accordance with the provisions of this Ordinance;
(C) recruit their own security guard units in the units or security services outside of the Realty Management area;
(D) does not meet the conditions specified in the present regulations of guards;
(E) security services company to customer requests for verification of the legality of the security services, or illegal security services are not required to report to the public security organs;
(Vi) security services company in accordance with the provisions of this Ordinance entered into, retirement security services contract;
(VII) in accordance with the provisions of this Ordinance retained security services in the form of surveillance videos and alarm recording.
Customer unit in accordance with the provisions of this Ordinance retained security services in the form of surveillance videos and alarm recording, in accordance with the provisions of the preceding paragraph.
43rd security guard unit, one of the following circumstances, a rectification, of less than 20,000 yuan and 100,000 yuan fine violate the administration of public security shall be given administrative penalties for public security constitutes a crime, shall be directly responsible for the criminal responsibility of the person in charge and other direct liable persons:
(A) leak in the security services informed of State secrets, business secrets, and customer expressly requested confidential information;
(B) the use of surveillance equipment that infringes others ' legal rights, or privacy;
(C) excision or proliferation of security services in the form of surveillance videos, alarm;
(D) instigating or condoning obstruct official duties according to law, the security guard involved in the recourse debt, by means of violence or threat of violence dispose of disputes;
(E) management, education and training of security guards, security guards criminal cases occurred, resulting in serious consequences.
Customer unit deletions or proliferation of security services in the form of surveillance, alarm image information, in accordance with the provisions of the preceding paragraph.
44th security guard unit from security personnel do not perform illegal instructions, disarmament and security guard labor contracts, reduce the remuneration and other benefits, or stop paying, paying less for which legally must pay social insurance premiums, security guards unit of punishment and compensation for security guards in accordance with labor contracts and social security laws, administrative rules and regulations.
45th guards one of the following acts, be admonished by the public security organs in serious cases, revoked security certificate; violations of the administration of public security shall be given administrative penalties for public security constitutes a crime, criminal responsibility shall be investigated in accordance with law:
(A) limit the personal freedom, bodily searches or insulted, beaten them;
(B) the seizure, confiscation of documents and property of others;
(C) impede law enforcement;
(D) participation in the recovery of debts, using violence or the threat of violence means to dispose of disputes;
(E) excision or proliferation of security services in the form of surveillance videos, alarm;
(F) the violation of personal privacy or security services know State secrets, business secrets, and customer expressly requested confidential information;
(VII) other acts in violation of laws, administrative rules and regulations.
Breach of security guards engaged in armed guards escorted used guns, used in accordance with the full-time guards and escorts firearms regulations are punishable.
Article 46th in security guard services or cause bodily injury, damage to property, paid by the security guards unit; intentional misconduct or gross negligence of security guards, security guard units according to law recourse against the security officer.
47th security training unit training was not in accordance with the provisions of security guard training curriculum, rectification and give a warning in serious cases, and to a fine of up to 10,000 yuan and 50,000 yuan; fraudulent activities in the name of security training, shall be subject to administrative penalties for public security constitutes a crime, criminal responsibility shall be investigated according to law.
48th State organs and their staff establishment of security service companies, participation in or disguised in security services company business activities, the direct responsible person in charge and other direct liable persons shall be given administrative sanctions.
49th public security organs of the people's police in the supervision and administration of activities in the security services abuse their powers, neglect their duties, engages, shall be subject to punishment constitutes a crime, criminal responsibility shall be investigated according to law.
Nineth chapter by-laws
50th permits for security services, security training licenses as well as security guard model by the public security department under the State Council. 51st article of the regulation has been established before the implementation of the security services, the security training unit shall, within 6 months from the date of enforcement of this Act to re-apply security service permits, permits for security training.
Recruit their own security officers before the enforcement of this Act shall, within 3 months from the date of implementation of these regulations, the public security organ for the record.
Before the implementation of this Ordinance, has been engaged in security services, security guards, within 1 year since the date of enforcement of this Act by the units to training of security guards, district municipal people's Government of the public security organ examinations, examination and retention of human biological information such as fingerprints, to the security certificate. 52nd this Ordinance shall enter into force on January 1, 2010.
