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Administrative Measures For The Security Service In Anhui Province

Original Language Title: 安徽省保安服务管理办法

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Security services management approach in the provinces of Central America

(Summit No. 83 of 24 August 2011, People's Government of Anguégué, considered the adoption of the Decree No. 236 of 21 October 2011, published as of 1 January 2012.

Chapter I General

Article I, in order to regulate security services activities, strengthens the management of security services companies and units of self-appointed security agents, protects social security, protects the physical property security of citizens, and develops this approach in line with the State Department's Security Services Regulation.

Article 2

The Public Security Unit is responsible for the day-to-day inspection of the security services activities of its own security agents within the jurisdiction.

Article III. Security services companies and self-employed security officers should establish systems for sound security services, job responsibilities and security personnel management systems, enhance the management, education and training of security agents and improve the professional ethics and operational quality of security personnel.

Article IV. The security sector shall be guaranteed by law the legitimate rights and interests of security agents in social insurance, labour works, labour protection, wages and education training.

Article 5 Security services should be lawful, civilized, without prejudice to the public interest of society or to the legitimate rights and interests of others.

Security agents are protected by law for security services activities.

Chapter II Security sector units

Article 6. Security services companies should have the following conditions:

(i) Unregistered capital is not less than 1 million dollars, with monetary contributions not less than 30 per cent;

(ii) The legal representative and key managers, such as the General Manager, the Deputy General Manager, should have the expertise required to serve and the poor records of the military, public safety, national security, trial, prosecution, administration of justice or security management, security management experience, without criminal punishment, labour corrections, shelter education, forced delinquency or dismissal of public office, and dismissal of military origin;

(iii) Professional technicians that are adapted to the security services provided, including legal, administrative regulations that are qualified to the required professional technicians, should be eligible accordingly;

(iv) The facilities and equipment required to provide security services in places such as office, equipment treasury, physical training sites, etc.;

(v) There is a sound organizational and security service management system, a job responsibility system and a security officer management system.

Article 7 requires the establishment of a security service company and shall submit the following materials to the public security authorities of the city where they are located:

(i) To establish an application containing the names, residences, registered capital, shareholders and funds to be established for the establishment of a security service company, letters of funding and letters of commitment, scope of operation;

(ii) Receives of registered capital;

(iii) The identity of key managers, such as the proposed legal representative and the General Manager, the Deputy Director;

(iv) List of professional technical personnel and related qualifications certificates;

(v) Reservations for accommodation and facilities and equipment;

(vi) Institutional and security services management, job responsibilities, security personnel management, etc.;

(vii) Pre-approval of the name of the business administration.

The public security organs that receive the application shall be subject to review within 15 days of the date of receipt of the request and shall review the public security organs of the Government of the province. The Government's public security authority should take a decision within 15 days of the date of receipt of the review and, in accordance with conditions, the licence for nuclear security services; the written notification of the applicant and the reasons for it.

Article 8

(i) The registered capital shall not be less than 1 million dollars, with monetary contributions not less than 30 per cent;

(ii) National capital alone or more than 51 per cent of total registered capital;

(iii) Persons in custody that are in compliance with the conditions set out in the Regulations on the Use of Firearms by Detainees of the Department of State;

(iv) There are specialized transport vehicles consistent with national standards or industry standards, as well as communications, police equipment.

Article 9 requires the establishment of a security service for the armed escort service and shall submit to the public security authorities of the municipality in the area in which they are located the material and the following materials under article 7, paragraph 1, of this scheme:

(i) Effective proof of ownership by national investment actors;

(ii) The material of the detainees;

(iii) Specialized transport vehicles and materials for communications, police equipment.

Security services companies apply for the addition of armed escorts to the operation and do not need to submit any information that demonstrates its compliance with article 7, paragraph 1, of this approach.

The public security organs that receive the application shall be subject to review within 15 days of the date of receipt of the request and shall review the public security organs of the Government of the province. The public security authorities of the province should decide within 15 days of the date of receipt of the review and, in accordance with conditions, permit for security services for the conduct of armed escort operations or increase the delivery of armed escorts in the existing security services permit; written notification to the applicant and reasons for non-compliance.

Article 10. Candidates who obtain a security service permit are granted a security service licence to business registration by the business administration. More than six months after obtaining a security service licence, the security services licence was not registered in the business.

The security service company adds to the operation of armed escorts, and the applicant shall be subject to additional security service permits for the delivery of armed escort services and to the business administration to conduct a change registration. More than six months after the granting of an additional licence for armed escorts services was not registered for commercial changes, and the additional licence for armed escort services was invalid.

Article 11. Security services companies have established subsidiaries and should be available to the public security authorities of the municipalities located in the subsidiaries. The full company's security service permits and business business licenses should be provided, with the basic conditions of the legal representative of the company, the head of the subsidiar and the security officer.

Article 12 Security services companies require a change in the licence of security services, which shall apply to the public security authorities of the Provincial Government; in accordance with the statutory conditions, the Government's public security authority shall be governed by the law.

Changes in the statutory representative of the security service company should be subject to the approval of public security authorities, the clearance of documents to the business administration for the registration of changes.

Article 13 units of self-appointed security agents should be backed by the public security authority of the city's government in the area where the security services were opened within 30 days of the commencement of security services. The following materials should be made available:

(i) The legal personality certificate;

(ii) The basic situation of the legal representative, the head and the security officer;

(iii) The scope of the security services area, the focus on protection positions;

(iv) The establishment of a security service management system, a job responsibility system and the management system of security personnel.

The units of self-appointed security officers shall cease security services and shall be removed from the security apparatus from 30 days from the date of cessation of security services.

The public security authorities that receive the request should send a security station at the location of the units of their own security agents, either on file or on the request.

Article XIV units of self-appointed security agents shall not provide security services in the area of security services.

Recreation sites should be established in accordance with the provisions of the State Department's Regulations on the Management of Recreation Facilities, with security services contracts signed with the security services company, to hire security personnel and to refrain from recruiting security agents or other personnel for security.

Chapter III Security Officers

Article 15 expires on 18 years of age, with good physical health, and Chinese citizens with higher education, can testify to security officers and engage in security services.

In one of the following cases, the security officer shall not be appointed:

(i) Previously granted education, forced sequestration, labour rehabilitation or more than three administrative detentions;

(ii) The criminal punishment of intentional crimes;

(iii) The licensee's certificate not exceeding three years;

(iv) Two times were cancelled by security agents.

Article 16 participates in the examination of the witness security officer, organized by himself or by the security sector, the security training unit and reported to the public security authorities at the district level. The public security authorities at the district level should collect digital photographs of the applicant's examination at the time of his or her presentation and retain human biological information such as fingerprints of the applicant.

The public security authorities at the district level should, after having received a presentation, verify the age, education, health, goods and etc. of the applicant's examination and grant participation in the examination, provide that the provisions of the law, administrative regulations do not serve as security agents and shall not be granted to participate in the examination.

The public security authorities of the municipalities in the area are responsible for organizing the examinations, granting them a certificate of security.

Article 17. Security from the business unit shall be subject to security services by persons eligible for security agents and enter into labour contracts in accordance with the law.

The security sector and its security officers should participate in social security in accordance with the law. Security units should be insured by security agents at the risk of security services.

The security officer is entitled to work injury insurance in accordance with the provisions of the State and the provincial insurance for work injury; the security officer's sacrifice has been approved as martyrs and is entitled to a pension in accordance with the State's provisions concerning the morale.

Chapter IV Security services

The provision of security services by security services companies should enter into security services contracts with customer units to clarify service projects, content and the rights obligations of both parties. After the termination of the security services contract, the security service company should retain the security service contract at least two years for review.

Security services companies should verify the legitimacy of the security services requested by the customer units and the requirements for security services in violation should be denied and reported to the public security authorities.

Article 19

Article 20 of the security services company outside the province dispatched security officers to provide security services in the province, which should be backed by the public security authorities of the city of the service area within 10 days of the date of the provision of security services. It should provide security services licences and business licences, security services contracts, service project holders and security officers.

Article 21, the Security Service company should provide normative security services in accordance with the security services service standards, and the security officer should comply with the relevant regulations of the customer units. The customer unit should provide the security officer with the necessary conditions and safeguards.

The installation of monitoring equipment in security services should be in compliance with relevant national technical norms and the use of monitoring equipment shall not violate the legitimate rights and interests of others or personal privacy.

Monitoring videos, alert records generated in security services should be kept at least 30 days, and security from the business sector and customer units should not be removed, modified or spreaded.

In the security services, the security officer may take the following measures:

(i) Identification of documents for persons in the area of access services and registration of vehicles and goods;

(ii) patrolling, guarding, security inspections and police surveillance in the service area;

(iii) Maintenance of public order in public places such as airport, vehicle stations, terminals, for the safety of persons and their goods;

(iv) The implementation of the tasks of armed escorts may establish temporary segregation zones in accordance with the mandate, but should minimize the obstacles to other units and the normal activities of individuals.

Security agents should promptly put an end to violations committed in the area of service, and criminal offences against invalidity should be reported immediately, while taking measures to protect the ground.

Article 24 shall not include:

(i) Restrictions on the freedom of the person, the search of his body or his or her humiliation or beating of others;

(ii) Seizure, confiscation of documents, property;

(iii) Obstacles the enforcement of public services by law;

(iv) Participate in the search for debt, the use of violence or the handling of disputes by means of violence;

(v) Delete, modifying or proliferation of security services, video and police records;

(vi) A violation of personal privacy or disclosure of information that is known in the security services in the State secret, commercial secret and customer units expressly require confidentiality;

(vii) Other violations of laws, administrative regulations.

Security may not be forced, implied or condoned by security agents.

Article 25 The security officer has the right to refuse to implement the law directives of the security sector or the customer unit. Security may not be removed from labour contracts with security agents because of the non-implementation of law directives by security agents, reducing their labour and other entitlements, collateraling and distributing social insurance contributions to which they are paid by law.

Chapter V Security training units

Article 26 Security services companies established by law or schools with legal personality established by law, vocational training institutions may engage in security training:

(i) The strength of the teachers required for security training, which should have the qualifications of the Professional staff at the university level above or the experience of the management of security over 10 years;

(ii) The facilities and facilities required for security training.

The units involved in security training provide catering, accommodation, and catering, accommodation facilities should be in line with the relevant provisions of the law, firefighting, food security.

Article 27 provides for security training units and shall submit applications to the public security authorities of the city's government in the area where they are located, as well as supporting material consistent with the conditions set out in article 26 of this approach.

The public security organs that receive the application shall be subject to review within 15 days of the date of receipt of the request and shall review the public security organs of the Government of the province. The Government's public security authority should take a decision within 15 days of the date of receipt of the review and, in accordance with conditions, the licence for nuclear security training; the written notification of the applicant and the reasons for the non-conditional conditions.

The twenty-eighth training of security officers engaged in armed escorts should be conducted by the People's Police College, the People's Police Training Agency. The People's Police College, the People's Police Training Agency, which is responsible for training, should be provided to the Government's public security authorities within 30 days of the date of training.

Article 29 provides that security training units should develop teaching programmes in accordance with the national training curriculum for security personnel, legal, security expertise and skills training for trained personnel and vocational ethics education.

Security training units should be authentic and accurate. The compendium should contain the name of the security training unit, security training licences and training projects, addresses, time, and fees standards.

The security services company train security officers of the company without charge.

Security training units may not provide security services either externally or otherwise.

Chapter VI Oversight management

Article 33 should establish a security service oversight management information system to record information on the security sector, security training units and security officers.

Public security authorities should be kept confidential with human information, such as extractive, retained security agents fingerprinting.

Article 31

(i) Basic conditions such as residences, facilities equipment, major managers of security services companies;

(ii) The establishment of sub- and cross-ministerial security services operations;

(iii) Security services contracts and the monitoring of the implementation of video-recorded information, the reporting of the residual system;

(iv) The installation, change and use of technical preventive products and equipment involved in security services;

(v) Implementation of the security services management system, the job responsibilities system, the management system of security officers and emergency preparedness cases;

(vi) The safety management system for firearms and ammunition and the construction of facilities by security services engaged in armed escort services;

(vii) Security agents and their clothing, security service marks and equipment management;

(viii) Implementation of the induction training and security of security personnel;

(ix) Removal of complaints;

(x) Other security services requiring oversight.

Article 32 states that the public security authorities shall conduct oversight inspections of the following matters relating to units of their own security agents:

(i) Monitoring the implementation of video material, posting of police records;

(ii) Technical preventive products, equipment installation, change and use in security services;

(iii) Implementation of the security services management system, the job responsibilities regime, the security manager management system and emergency preparedness cases;

(iv) The security management system for firearms and ammunition and the construction of the facilities provided by law;

(v) Security agents and their clothing, security service marks and equipment management;

(vi) Implementation of the induction training and security of security personnel;

(vii) The status of the investigation of complaints;

(viii) Other security services requiring oversight.

Article 33. Public security authorities should conduct oversight inspections of the following matters of the security training unit:

(i) Basic conditions such as shelter, teachers, teaching facilities and equipment for security training units;

(ii) Security training teaching;

(iii) The status of the training unit for firearms use, the security management system for firearms and ammunition and the management of the facilities in place;

(iv) Other security training matters requiring oversight.

Article 34, People's Police of the Public Security Agency shall not be less than two persons for the supervision of the security sector units and security training units and produce law enforcement documents.

The supervision of the record and processing of observations was signed by the inspector and the relevant head of the inspectorate of the public security authority, who was not present or denied signature, and the inspector of the public security authority should note in the record of the examination.

In monitoring the inspection, the public security authorities found that the law should be responsible for the conversion of the duration of the period of time, and that letters of order should be drawn up to the inspection unit. The time period for conversion should be indicated in the letter of order.

The public safety authority shall be reviewed within three days of the expiration of the order or receipt of the party's request for review. Administrative penalties are imposed by law for delays.

Article 36 should make public security authorities publicly available the complaint and receive complaints from the security sector, the security training unit and the security officer. The public security organs that receive complaints should be investigated within 15 days of the date of the receipt of the complaint and feedback to the complainant.

Article 37 State organs and their staff shall not establish security services companies or may not be involved or otherwise in the operation of security services companies.

Chapter VII Legal responsibility

Article 338 does not permit any organization or person to engage in security services, security training, which is sanctioned by law by the public security authorities of more than the population at the district level and forfeiture of proceeds of conflict; constitutes an offence punishable by law.

In one of the following cases, the Security Service company has been ordered by the public security authorities of more than communes, by a time limit of the time frame, by a warning; a serious circumstance and a fine of more than 50,000 dollars; and confiscation of proceeds of violation:

(i) Changes in legal representations that are not subject to scrutiny by public security authorities;

(ii) No request;

(iii) Accreditation of security agents by persons incompatible with statutory conditions;

(iv) No verification of the legitimacy of the security services requested by the customer unit or of the non-violent security services requirement to be reported to the public security authorities;

(v) No contract for security services was signed and retained in accordance with the provisions;

(vi) Monitoring of video material and police records that have not been developed in the provision of security services.

The customer unit does not provide for the control of video material and the recording of the police in accordance with the provisions of the regulations.

Article 40 consists of one of the acts of self-application of security agents, which are being ordered by public security authorities at the district level, and warnings; serious circumstances and fines of over 50,000 dollars; and confiscation of proceeds of violations:

(i) No request is made or the withdrawal of the request;

(ii) Security services outside or outside the area of operation management;

(iii) Accreditation of security agents by persons incompatible with statutory conditions;

(iv) Monitoring of video material and police records that have not been developed in the provision of security services.

Article 40 is one of the following conditions in the security sector, which is modified by the time limit of the public security authority of the more than 1,000 people at the district level, with a fine of up to 500,000 dollars; in the event of a severe fine of up to 50,000 dollars; in violation of the management of the security sector, the penalties imposed under the law; and criminal liability are held in accordance with the law:

(i) Disclosure of information that is known in the security services to be confidential, commercial secrets and customer units explicitly require confidentiality;

(ii) The use of monitoring equipment to violate the legitimate rights and interests of others or the privacy of individuals;

(iii) Delete, modifying or proliferation of security services, video and police records;

(iv) Being to prevent, condoning security agents from executing their official duties under the law, engaging in the pursuit of debt, using violence or disposing of disputes by means of violence;

(v) The departure of security agents from management, education and training, the criminality of security agents and the grave consequences.

The customer unit deleted, modifyed or spreads control video material, reporting police records, which are punishable under the preceding paragraph.

Article 42, in which the security officer has one of the acts of article 24, paragraphs 1 to 6, of this approach, is subject to a warning by the public security authorities of more than the population at the district level; in serious circumstances, the suspension of their security officers' evidence; the imposition of sanctions by law in violation of the management of the security sector; and the criminal liability by law.

The security officers engaged in armed escorts violate the provisions for the use of firearms and punish the use of firearms in accordance with the provisions of the State Department's Regulations on the Control of the Use of Firearms by Detainees.

The Security Training Unit has not been trained in accordance with the provisions of the training curriculum for security officers, which is being warned by the time limit of the public security authority of the more than 1,000 people at the district level and by fines of up to 500,000 dollars. Security training is a fraudulent activity that is punishable by law by law; constitutes a crime and is criminalized by law.

Article 444 The people's police of the public security authorities misuse their duties, play a role in the management of the security services activities, and act in private fraud by law; and hold criminal responsibility in accordance with the law.

Chapter VIII

Article 45 of this approach refers to the experience of the management of policing, which is defined by the Government of the people at the district level for the defence of the security sector.

The approach refers to the experience of the management of the security operation, which refers to the experience of operating management functions in the security services companies established by law.

Article 46