Administrative Measures For The Security Service In Anhui Province

Original Language Title: 安徽省保安服务管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201204/20120400367197.shtml

Administrative measures for the security service in Anhui Province

    (August 24, 2011 83rd meeting of the people's Government of Anhui Province considered by Anhui Province people's Government order No. 236, released on October 21, 2011 as of January 1, 2012) Chapter I General provisions

    First in order to regulate the security service, strengthen the security services company and hire their own security guards and security guard management, maintain public order, protect the personal and property safety of citizens, according to the State Council's regulations on the management of the security services, combined with the facts of the province, these measures are formulated.

    The second people's Governments above the county-level public security organs shall be responsible for the supervision and administration of security service within the administrative area of.

    Recruit their own security officers within the police station responsible for day-to-day supervision and inspection of the security service.

    Third article security service company and itself enrollment with security member engaged in this units security prevention work of organ, and groups, and Enterprise institutions and in property management regional within carried out maintenance order, service of property service enterprise (following collectively security practitioners units), should established sound security service management system, and post responsibility system and security member management system, strengthening on security member of management, and education and training, improve security member of ethics level and business quality.

    The fourth 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.

    Fifth security service should be lawful, civilized, must not harm the social and public interests or infringe upon the legitimate rights and interests.

    Lawfully engaged in security guard services activities are protected by law.

    Chapter II security guards unit

    Sixth security service company shall meet the following conditions:

    (A) not less than 1 million yuan of registered capital and cash amounting to no less than 30%;

    (Ii) intends any of statutory representative people and General Manager, and Deputy General Manager, main management personnel, should has served by needed of expertise and 5 years above army, and police, and national security, and trial, and prosecutorial, and judicial administrative or security defend management, and security business management work experience, no was criminal punishment, and reeducation-through-labor, and hosting education, and forced isolation drug or was fired public, and fired cadets, bad records;

    (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) Office space, equipment, warehouses, training grounds and other shelters and facilities needed to provide security services and equipment;

    (E) security services and the perfect organization management system, post responsibility system and security management system.

    The seventh company applying for the establishment of security services shall be submitted to the District of the municipal public security authorities at their place the following materials:

    (A) the application form for the establishment, set out plans to establish security service company name, domicile, registered capitals, shareholders and capital contributions, investment agreements and investment commitment, scope of content;

    (B) the registered capital of the capital verification certificate;

    (C) the legal representative to be appointed President and General Manager, Deputy General Manager of key management personnel such as proof of identity and work experience material;

    (D) list and related professional and technical personnel qualifications;

    (E) documentation of shelter, equipment and facilities;

    (Vi) security services and the Organization of management, accountability, and security guard management system;

    (G) the business name prior approval written notice issued by the industrial and commercial administrative organs. Public security organs accepting the application shall from the date of receipt of the application materials in the 15th review and audit observations reported to the provincial public security authorities.

    Provincial public security organs 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 eighth armed guard security services companies providing armoured transportation services, shall comply with the public security organs of the State Council of armed guards escort service planning, layout requirements and with the conditions laid down in article sixth of this approach, and in accordance with the following conditions:

    (A) the registered capital shall not be less than 10 million Yuan, and currency amount shall not be less than 30%;

    (B) State-owned or State-owned capital accounted for more than 51% of the total registered capital;

    (C) full-time guards and escorts in compliance with the firearms regulation requirements of guards and escorts;

    (D) is consistent with the State standards or industrial standard of special transport vehicles, and communication and alarm equipment.

    Section Nineth engages in armed guard security services companies providing armoured transportation services, shall be submitted to the District of the municipal public security authorities at their place of the first paragraph of this article seventh material and the following materials:

    (A) the investment subject of State-owned share holding valid documents;

    (B) the guard escorts material;

    (C) the materials of special transport vehicles as well as communications and alarm equipment.

    Security services company for the creation of armed guards escort business, do not need to submit proof of their compliance with provisions of paragraph one of this article seventh material. Public security organs accepting the application shall from the date of receipt of the application materials in the 15th review and audit observations reported to the provincial public security authorities.

    Provincial public security organs 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. Tenth section security service license to the applicant, by the Security Service license registered with the industrial and commercial administrative organs for industry and commerce.

    After obtaining the permits for security services of industrial and commercial registration is not more than 6 months, access to security service license expiration. Security services company created an armed guard escort business, the applicant shall note armed security guard escort services additional service licenses, industrial and commercial administrative organs for registration of changes.

    Stimulation of armed guards and escort services license obtained after more than 6 months for industrial and commercial registration, stimulation of armed guards escort service license expiration. 11th security service company establishes a branch, the branch district of the municipal public security authorities at their place 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.

    12th security services company changes the Security Service license shall make application to the provincial public security organs; meets the statutory requirements, provincial public security organ shall go through the procedures of alteration.

    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. 13th hire their own security guards units, beginning with the start date of the security services should be located within the 30th district of the municipal public security authorities for the record.

    Records should provide the following materials:

    (A) legal person qualification certificates;

    (B) the legal representative, in charge of the basic situation of officials and security guards;

    (C) security services area, protected jobs and so on;

    (D) building services management system, the responsibility for security systems and security management systems.

    Hire security guards unit to stop on their own security services, security services shall cease within 30th of public security organ to record undo records.

    Accept the filing of a public security organ shall record or revoked record briefings employs security guards unit is located on their own police station.

    Article 14th recruit security guards units not more security services provides security services.

    Recreation area shall be in accordance with the State Council the provisions of the regulations on entertainment, security service contracts with the security services company, hired security guards, not recruit their own security officers or other persons to engage in security work.

    Chapter III security

    15th of 18 years of age, good health, good character, have a junior high school education for Chinese citizens, may apply for a certificate of security guards, security services.

    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 been revoked security certificate for 2 times. 16th take for security guard card tests, or security guards, security guard training unit, to the local people's Governments at the county level public security authorities application.

    People's Governments at the county level public security organ shall, upon receiving the application, collecting test digital photographs of the applicant, take the exam the applicant's human biological information such as fingerprints.

    People's Governments at the county level public security organ after the enrolment, exam should be the applicant's age, education, health, conduct investigations to verify, the case, allowed to participate in the examination stipulated by laws and administrative regulations shall not act as security officer, shall not be allowed to take the exam.

    District municipal public security organs are responsible for organization of the examination, examination, issued the security certificate.

    17th security guard units should be used in accordance with conditions of the personnel engaged in security guard services, and recruited security guard labor contract law. Security guards and security officers shall participate in social insurance.

    Security guard units should be based on threats of Security Service posts for security guards pay for accident insurance.

    Security guards due to injuries at work, in accordance with national and provincial 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 fourth chapter security service 18th security services company providing security services security services contract with the customer, service projects, 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 services company the customer units should be requested to verify the legality of the security services, for illegal security services request should be refused, and reported to the police.

    19th district of city-level people's Governments to determine the relationship between national security, involve State secrets and other security units shall not employ foreign-owned enterprises, Sino-foreign joint ventures, Sino-foreign cooperative security service companies to provide security services. 20th province outside the security service company sent security officers to provide security services in the province, shall from the date of providing security services in the 10th, to the District of the municipal 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. 21st security service company should be in accordance with the Security Service service standard provides a specification of the security service, security guards should abide by related rules and regulations of the customer.

    Customers should be engaged in security guard services to provide the necessary conditions and guarantees.

    22nd 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 may not remove, modify or spread.

    23rd article 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 should be reduced as much as possible hindrance to other units or individuals of normal activity.

    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.

    24th security 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;

    (V) remove, modify or spread 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.

    Security guard units may not force, instigate or condone acts of security guards in the preceding paragraph. 25th guards have the right to refuse to carry security personnel or customer's illegal instructions.

    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, stops and less payment for which legally must pay social insurance fees.

    The fifth chapter security training unit

    26th lawfully established security service companies or with legal personality established according to law schools, vocational training institutions, with the following conditions, you can engage in security training:

    (A) security training required for teachers, security professional staff should have undergraduate degree or 10 years of experience in security management;

    (B) security training the necessary premises, facilities.

    Security training unit to provide students dining, accommodation, catering and accommodation should be consistent with security, fire protection, food safety and other relevant requirements.

    27th, application security training unit, it should be submitted to the District of the municipal public security authorities at their place application and in accordance with the conditions specified in article 26th-proof material. Public security organs accepting the application shall from the date of receipt of the application materials in the 15th review and audit observations reported to the provincial public security authorities.

    Provincial public security organs shall from the date of receipt of an audit opinion in the 15th decision meets the conditions of and issue permits for security training; do not meet the conditions, and notify the applicant in writing and state the reasons. 28th 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 since the date of the training to the provincial public security authorities for the record in the 30th.

    29th the security training unit shall, in accordance with the national security guard training curriculum development of teaching plans and trained staff for legal, security expertise and skills, training and education. Admission of the security training unit and the advertisement shall be true and accurate.

    Prospectuses shall set forth the name of the security training unit, security training license and training project, address, hours, fees and so on.

    Security service companies in the training of the security guards of the company shall not be charged.

    Security training unit shall not offer or provide security services in a disguised form.

    Supervision and administration of the sixth chapter

    30th security services public security organs shall establish supervision and management information system, records unit of security personnel, security training and security-related information.

    The public security organ shall extract, retain confidentiality of security information such as fingerprints.

    31st a public security organ shall supervise and inspect the following items to security services companies:

    (A) security service company's domicile, facilities, equipment, key management personnel and other basic information;

    (B) to set up branches and cross-province security services business activities;

    (C) security services contract and monitoring video, alarm, record retention system implementation;

    (Iv) security services involved in technology products and equipment installation, alteration, use of;

    (E) security services management system, the accountability system, security guards and emergency plans for the establishment of the management system implementation;

    (Vi) security services company providing armed guards escort services in firearms and ammunition safety management system and construction of storage facilities;

    (VII) security guards and their clothing, signs and equipment management of security services;

    (VIII) security officer in-service training and the implementation of the protection of rights and interests;

    (I) the matter of complaint to rectify the situation;

    (J) other matters requiring supervision and inspection of the security services.

    32nd public security organs should recruit their own security guard units supervise and inspect the following items:

    (A) the surveillance video, alarm, record retention system implementation;

    (B) security services involved in the technology product, installation, alteration, use;

    (C) security services management system, the accountability system, security guards and emergency plans for the establishment of the management system implementation;

    (D) equipped with firearms and ammunition safety management system in accordance with law and construction of storage facilities;

    (V) security guards and their clothing, signs and equipment management of security services;

    (Vi) in-service training of security guards and the implementation of the protection of rights and interests;

    (G) the complaint investigation;

    (H) other matters requiring supervision and inspection of the security services.

    33rd public security organs shall supervise and inspect the following items of the security training unit:

    (A) the residence of the security training unit, teachers, teaching facilities and equipment, and other basic information;

    (B) training for security;

    (C) firearms training unit for the record, firearms and ammunition safety management systems and storage infrastructure management;

    (Iv) other matters requiring the supervision and inspection of security training.

    34th public security organs of the people's police security guard unit and training unit for security when conducting supervision and inspection, shall be not less than 2, and produce their documents.

    Records and comments by the public security organ of supervision and inspection Inspector and inspection units responsible person signature; heads of the units under inspection is not present or refused to sign it, police inspector shall indicate on the inspection records. 35th when public security organs in the supervision and inspection, found a rectification of violations according to law, it shall make a rectification notice served on the units under inspection.

    Shall be indicated in the notice of rectification to correct term. Public security organs shall be ordered to correct the expiry, or from the date of receiving the application for review by the parties in the 3rd review.

    For those who do not correct it, administrative penalty according to law. 36th public security organs shall publish complaint, accepted public security personnel, security and security guards complaints training unit.

    Complaints the public security organs shall within 15th since the date of the complaint investigation process, and feedback to the complainant investigate the results.

    37th 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 seventh chapter legal liability

    38th article of any organizations or individuals without permission, without authorization, security services, security training, and by the people's Governments above the county-level public security organs shall be subject to administrative penalties for public security, and confiscated illegal income constitutes a crime, criminal responsibility shall be investigated according to law.

    39th security services company, one of the following circumstances, a rectification by the people's Governments above the county-level public security organs and give a warning; the circumstances are serious, and a fine of 10,000 Yuan or more of less than 50,000 yuan fine has illegally obtained, confiscation illegal obtained:

    (A) the legal representative changes without the approval of public security organs;

    (B) is not in accordance with the provisions of the record;

    (C) employ guards that do not meet the statutory requirements;

    (D) the client has not been asked to provide verification of the legality of the security services, or illegal security services are not required to report to the public security organs;

    (E) failing to sign, the retained security services contract;

    (F) failing to retain security services in the form of surveillance videos and alarm recording.

    Units failing to retain security services to customers in the form of monitoring data and alarm recording, in accordance with the provisions of the preceding paragraph.

    40th employs its own security guards unit has one of the following acts, rectification by the people's Governments above the county-level public security organs and give a warning in serious cases, with more than 10,000 yuan to 50,000 yuan fine; has illegally obtained, confiscation illegal obtained:

    (A) is not in accordance with the provisions of the filing or withdrawal for the record;

    (B) other than this unit or property management security services outside the region;

    (C) employ guards that do not meet the statutory requirements;

    (D) failing to retain security services in the form of surveillance videos and alarm recording.

    41st security guard unit, one of the following circumstances, ordered by the people's Governments above the county-level public security organs to correct, punishable by fines of less than 20,000 yuan and 50,000 yuan in serious, punishable by fines of less than 50,000 yuan and 100,000 yuan; 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) 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;

    (Iii) remove, modify or spread security services in the form of surveillance, alarm image information;

    (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 deleted, modified or proliferation of security services in the form of surveillance, alarm image information, in accordance with the provisions of the preceding paragraph.

    42nd security guard has to the article 24th one of the first to the sixth Act, be admonished by the people's Governments above the county-level 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 according to law.

    Breach of security guards engaged in armed guards escorted with firearms, full-time guards and escorts of the firearms used in accordance with the State Council regulations on the administration of the provisions of the. 43rd security training unit training was not in accordance with the provisions of security guard training curriculum, a rectification by the people's Governments above the county-level public security organs and give a warning in serious cases, with more than 10,000 yuan to 50,000 yuan fine.

    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.

    44th 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.

    The eighth chapter supplementary articles

    45th security management work experience in these measures refers to the people's Governments above the county level shall determine the focus of security units engaged in security work experience.

    Security management work experience in these measures refers to in the legally established security services company working experience in management positions. 46th these measures come into force on January 1, 2012.