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Circular 45/2009/tt-Bca (C11): Guide The Implementation Of A Number Of Articles Of Decree No. 52/2008/nd-Cp On April 22, 2008 On The Management Of Security Services Business

Original Language Title: Thông tư 45/2009/TT-BCA(C11): Hướng dẫn thi hành một số điều của Nghị định số 52/2008/NĐ-CP ngày 22 tháng 4 năm 2008 về quản lý kinh doanh dịch vụ bảo vệ

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CIRCULAR guiding the implementation of a number of articles of Decree No. 52/2008/ND-CP on April 22, 2008 on the management of business security service _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 52/2008/ND-CP on 22/4/2008 by the Government on business management security services;
Pursuant to Decree No. 142/2003/ND-CP dated November 14, 2003 of the Government functions, tasks, powers and organizational structure of the Ministry of public security;
The Ministry of public security guidelines for implementing a number of articles of Decree No. 52/2008/ND-CP on 22/4/2008 by the Government on business management security services (hereinafter abbreviated to Decree No. 52/2008/ND-CP) as follows: i. the SCOPE of BUSINESS ACTIVITIES in the SERVICE of PROTECTION 1. The scope of business activity allowed security services conducted under the provisions of Decree No. 52/2008/ND-CP and this circular guides include: a) human security services including the operation to protect the safety of life, the health of the protected person;
b) asset protection services, commodities, housing, production and business establishments, institutions, organizations including the safe protection of property, commodities (including traffic operations, assets, goods), homes, production facilities, business, institutions, organizations under the agreement in the contract;
c) security protection services, order sports activities, fun, entertainment, festivals, including the safety protection and preserving security and order for these activities under the agreement in the contract.
2. The establishment, registration and operation security services must be done in accordance with the provisions of Decree No. 52/2008/ND-CP, instructions in this circular and the provisions of other relevant laws.
II. CONDITIONS For ESTABLISHMENT, Registration And BUSINESS SECURITY SERVICES 1. For organizations, individuals in the country must comply with the provisions of paragraph 1, paragraph 2 article 9 of Decree 52/2008/ND-CP DATED. 2. For cases with business enterprise of foreign security services must follow the provisions in clause 5 of article 3 and paragraph 3 article 9 of Decree 52/2008/ND-CP, the provisions of the investment law in 2005 and the guidelines for implementing texts; at the same time, in the profile established, business registration protection service must have the following documents, papers: a) the Agency's certificate management of science and technology from the provincial level to confirm foreign technical equipment used to venture with domestic business is equipped with techniques that require high technology that Vietnam has not produced;
b) documents foreign enterprises which is specialized in business to business security services, did not conduct any other business activities;
c) documents foreign enterprises which have the capital and the total value of assets of the enterprise from 500,000 USD upwards and there was time for continuous business operations from five years or older, as of the date of registration with the business venture in the country.
3. for the enterprise business protection service has been active from before the date of enactment of this circular that heads of businesses, branches, representative offices and those of the Council, members of the Board; The Director General, Deputy Director General, Director, Deputy Director and the founder of participants established business enterprise security services have not have qualified academic proficiency as defined in point b of paragraph 1 article 11 of Decree 52/2008/ND-CP shall within a period of 3 years from the date of this circular are enforceable, must be made in accordance with the provisions of Decree No. 52/2008/ND-CP and the guidance in this circular.
III. Records, Procedures, TIME LIMITS, The AUTHORITY To FOLD The PAPER To CONFIRM ELIGIBILITY Of SECURITY, Order 1. The recommended procedure for record-level qualified certificate of security, order a) for business:-to produce a major, submit the photocopy of business registration certificates or investment certificate and badge (logo) of the business;
-Affidavit (photo and confirmation of the people's Committee of social residence), which must specify the criminal status, the money; to have or not have been applied to the other administrative processing measures in accordance with the Ordinance on handling administrative violations or are in the stage of prosecution, investigation, prosecution, adjudication, criminal penalty to renovate detention, all non-residents, probation, fined in prison entitled probation or banned business practice security services; copies (notarized, certified valid) material: college diploma or college under the provisions; the decision to retire, discharge or termination decision (if any) and the votes of those criminal leadership, business management referred to in article 11 paragraph 1 of Decree 52/2008/ND-CP-Who was dispatched to contact business certificate or identity card passport use value; the case is that foreigners must present valid passports or valuable papers instead of passport and submit the photocopy card or permanent resident Card.
b) for representative office, branch:-affidavit (photo and confirmation of the people's Committee of social residence), which must specify the criminal status, the money; to have or not have been applied to the other administrative processing measures in accordance with the Ordinance on handling administrative violations or are in the stage of prosecution, investigation, prosecution, adjudication, criminal penalty to renovate detention, all non-residents, probation, fined in prison entitled probation or banned business practice of the protection services early branch, Representative Office;
-To produce a major, submit the photocopy the certificate of registration, certificate of eligibility on security, order and dispatch of business proposals.
-Who are the business constituency to contact the certificate identity card or passport is still worth using.
2. Authority to confirm eligibility of security, order a) Police Administration Bureau of the social order receiving record and resolve the eligibility certification levels of security, order for enterprises and foreign invested enterprises are permitted to train security staff as stipulated in point b item 2 item VII circular This and the Branch Office, which belongs to the business;
b) police administration of social order police, the central cities of receiving records and resolve the eligibility certification level of security, in order for the business to business security services and the Branch Office, which belongs to the business (except local business in the jurisdiction of the Police Department of management administration of social order).
3. The time limit for settling the granting eligibility confirmation of security, order within 7 working days from the date of receipt of a valid application, the Agency received public security responsible records reviewed, resolved to grant qualified certification of security, order businesses (BV1 form attached to this circular); case not qualified to grant qualified certification of security, order it must respond in writing to the business clearly knew the reason.
4. The fee for granting eligibility confirmation of security, order made under the provisions of the Ministry of finance.
IV. RESPONSIBILITY Of ENTERPRISE BUSINESS PROTECTION SERVICE 1. Implementation and organization of the Guide, the urge, security guards check the correct observance of the provisions of Decree No. 52/2008/ND-CP, instructions in this circular and the provisions of other relevant laws during the process of running the business security services.
2. Prepare monthly reports (BV2 form attached to this circular) for the police has confirmed the eligibility of security, order within the time limit at the latest not more than 5 days from the end of the month; for business ventures with foreign enterprises and enterprises are allowed to train security staff to simultaneously report to the police administration of social order where the enterprise has its headquarters. Cases of sudden incident has occurred involving security must report immediately to the nearest police authorities to promptly.
3. At the latest 10 days before the operation, business, affiliate, representative office must be notified in writing to the police administration of social order police, the central cities, communes, wards and towns where businesses, branch offices, Headquarters said.
Before formally implementing the contract protection or security guards rotated 1 day, corporate, branch, representative office must be notified in writing (enclose the list of employees working at the goal of protection) for police administration of social order and social public security Ward, the town where the goal of protection.
Each target must have a protection officer to be responsible for reporting and coordinating relations with the police where the goal of protection.
4. implementation of the decision of the Director of the public security Department, the central cities of mobilizing employees to enhance protection for ensuring security, order in case of necessity according to the provisions of the law.
V. EQUIP, ADMINISTER, USE TOOL SUPPORT 1. Type of support tools and procedures, licensing authority to purchase support tools.
Enterprise business protection service is equipped with the kind of support tools: rubber sticks, iron sticks, roi, roi. Based on the number of employee protection service and actual requirements, businesses do send text the police has confirmed the eligibility of security, order to buy license proposal support tool, which stated the quantity, category of support tools should be fitted. People are sent to business contacts must have the recommendation of the business and prove to the people.
2. Management and support tools

a) after purchase support tools, businesses must come to the police had license to purchase support tools to be granted a license to use the support tools; When to contact us please use the license must submit a photocopying license purchase support tools and produce original, filed a photocopying invoices purchase support tools.
b) support tool to be managed in the business and only fitted to protect employees when travelling on duty. After the task is completed, to return the support tool for the Department of management in business.
Strictly prohibited equipment, use of external support tools the purpose of performing the task of protection under contract by the Executive Director of business affairs;
c) business enterprise security services are responsible for strict management support tool and to be responsible before the law about the equipment, management, use of business support tools.
Cases of serious breach of the rules of management, equipment, using tools that support or security staff of business support tools used to perform invasive acts of life, health, property of others apart from being processed under the provisions of the law Depending on the nature and extent of the violation, the business enterprise security services also revoked the license of use support tools 3 months, 6 months or indefinitely. Revocation of the license to use the tools to support public safety agencies have to license it or the police superior decision making.
VI. Outfits, SIGNAGE And EMPLOYEE PROTECTION CERTIFICATES 1. Pants, shirt, shoulder a) spring summer dresses: European-style Trousers dark blue dress, the front fuselage had folded 2 cups, bags; below, to the right there is a bag lid surgery. Shirts short sleeve or long sleeve, blue, bend neck forward fuselage, two bags of decorative sewing and floating in the border between the splints bag; bong coat splint; 2 skirt has strips running along the floating in the middle of the wrist splints, bong, hindquarters have it shoulder; left sleeve has the shield logo attached shoulder margin from 5 cm to 6 cm; front left chest with a circular logo, Pocket mouth way from 2 cm to 3 cm;
b) dress fall winter clothing such as dresses spring summer; external steam jacket long sleeve suits, the same color pants, forward fuselage has four external tiles, sewing pockets left chest with a circular logo, Pocket mouth way from 2 cm to 3 cm, left sleeve has the shield logo attached shoulder margin from 5 cm to 6 cm, black plastic buttons; the inside has a long sleeve shirt as a summer dress, standing stock, have seat belts black blue tie;
c) hard shoulder, the same color pants, flannel-yellow horizontal line there, the two sides along the shoulder have fringed red squint; small head shoulder mounted metal silver white daisies (contains reliefs Pentagram and 2 cotton rice caught a cross embracing the star-shaped). Size shoulder and horizontal line on the shoulder are specified as follows:-shoulder length = 125 mm; width: 50 mm = major parts, the first part of the horizontal Line of the pointed-40 mm = width = 7 mm, the other line 2 way impassable, 5 mm. Security guard's shoulder, line 1; command-level team, line 2; command level, line 3; Vice Chairman of the Board, Deputy Director, business line 4; Chairman of the Board, Corporate Director, 5;
d) security staff uniform of the business enterprise security services are using before enacted this circular but not consistent with the provisions of the circular was to keep using, but within a period of 2 years for the spring/summer outfits, 3 years for the autumn-winter outfit from the date of this circular effect must follow the provisions of this circular.
2. My shoes, hats, signage, security guard certificate a) Black Leather Shoes, short neck, clinch;
b) cat-Hats (caps, tongue son) of the same color pants, has a star, surrounded by branches of dual metal parts white 54 mm wide, high volume one 64mm. metal Star circle diameter 36 mm, in between have five petals floating yellow star on a red background, with the red background is dark blue background there are two floating rice yellow cotton. The bottom half star rims words: "protected"; the outer ring of yellow stars;
c) sign guard 9 cm x 6 cm size, pale blue background, there is the pattern. The line on the same record company name (type of brick-red flowers), below the record, last name (black flower type) and have the photo of the person who granted the sea; the bottom is of the sea;
d) certificate of security staff 9 cm x 6 cm size, the front has a blue background pattern, brick red, capital letters above the record company name, in between the record "CERTIFICATE of SECURITY GUARDS", below the record of the certificate and the duration value of the certificate. The back background tiles, above the record "COMPANY DIRECTOR...", the text followed by the word "CERTIFIED" (bright red). The words below are black, their records, the name of the security guard; day, month, year of birth; where the registration of permanent residence; the next recorded the words "protection of employees of the company"; under the same date, month, year and Director of the business sign, seal; the left photo of the certificate to be issued a certificate.
VII. Training, COACHING And PROFESSIONAL CERTIFICATE Of PROTECTION 1. Every year, when in need of training, security guard training, enterprises must contact the police, the Organization was allowed to train, train security staff to have training plans, training guarantees made as prescribed by law.
2. Agencies, units, organizations are allowed to train, security guard training: a) The people's public security University, training centres and professional training of public security;
b) business enterprise security services have qualified under the provisions of Decree No. 139/2006/ND-CP on November 20, 2006, detailing and guiding the implementation of some articles of the law, the law on vocational education and complete the registration procedures for vocational training under decision No. 72/2008/QD-BLDTBXH on April 16, 2008 by the Minister of labor, invalids and Social Affairs about vocational registration.
Before opening training courses, corporate training is allowed to have text sent Police Department administrative management of social order, which stated the start time, the end of training (enclose the list of students) to suggest the organisation and professional certification for protection of objects by enterprises themselves; with regard to the training centre and the professional training of public security, to report to the Director of public security at the same level.
3. The content, programs, training, training time a) agencies, units, organizations are allowed to train security staff is responsible for the compilation of the content, the training program ensures consistent with provisions of the law and actual requirements of protective service operations, which must have the content : basic knowledge about politics, law; Ethics, professional style; skills, career service protection; the provisions on the management, use and skills using support tools; the basic skills, knowledge about fire, fire, emergency distress.
The syllabus, the content of the training program before put into use should be sent to the General Directorate of police (Police Department over the administration of social order) to follow, manage. The case Of the Police Department of the opinion requests, additional content, they must follow the requirements of the General Department of police;
b) Each employee training, security services have to ensure time for at least 30 days.
4. completing a) Council for the people's public security School: school heads out to form the Council measure by school leadership as President of the Council and its members include representatives of the functional unit of the school Police Department and representatives of the administration of the social order;
b) with respect to the training center and professional training of public security police, the central cities: the Director of police, the central city in a decision to establish the Board testing, ingredients include: leadership training center and professional training of public security as the President of the Council and its members include representatives of management Police Department administrative management of social order, public security office or legal department, central cities;
c) for cases due to enterprise business services training organization: Director of Department of police administration of social order decision-making Council vetting by the leader of the police administration of social order as the President of the Council and its members include representative Service legislation and corporate training representative.
5. professional certificate authorities protect a) heads the people's public security University, training centres and professional training of public security signed and certified protection professional for objects by their training, unit training.
b) Director General Police Administration of social order and protect the professional certification for the object due to the business security services training and testing organization Bureau.
6. the cost of training, training by enterprises in need of training.
7. professional certificate protected by the police authorities are worth using on nationwide.
8. protection of professional certificate by the competent units of the level from before the date of enactment of this circular is still worth using, but within a period of 12 months from the date of this circular effect enforcement, enterprises must make a list and send certificates revocation of police administration of social order where provincial public security has granted Qualified certificate of security, order for business or where the enterprise has its headquarters to change according to the model regulations.
VIII. HANDLE VIOLATION of Any violations of the provisions of decrees no. 51/2008/ND-CP, violating the provisions of this circular and the provisions of other laws related to the Organization and operations of service protection, apart from being processed under the provisions of the law , enterprise business protection service also revoked the business registration certificate, certificate of eligibility on security, order, namely: 1. Revoked the certificate of business registration when in one of the following cases: a) violated the provisions in clause 2 Article 165 business law in 2005;

b) infringed the provisions of article 4; in paragraph 1, paragraph 2 Article 22 of Decree 52/2008/ND-CP DATED. 2. Revoked certificate of eligibility on security, order when in one of the following cases: a) business has revoked the certificate of business registration;
b) infringed the provisions of article 4; in paragraph 1, paragraph 2 Article 22 of Decree 52/2008/ND-CP c) Borrow someone else's name to establish the business enterprise security services or establish business enterprises to protective services for others;
d) conducted armed operations, active investigation, private detective in all forms;
DD) using security guards to perform their business or through others made the violence to life, health, honour, dignity, personal freedom and the rights, legitimate interests of organizations and individuals;
e) using your business's security staff use of force or threat to use force in order to obstruct, cause difficulties for the normal functioning of the Organization, the individual;
g) do not make periodic reports about the security situation, the order for police agencies as defined in 12 consecutive months;
h) does not maintain a regular level of capital during the operation of the business.
3. The authority, the time limit for revoking the certificate of eligibility on security, order a) revocation authority: heads of public security had issued qualified certifications of security, order or public security heads level on the recovery decision.
b) time limit for withdrawal:-recovered 3 months or 6 months for the first violation, less severe.
-No revocation time limit for re-offense or violation at the same time many of the acts referred to in paragraph 2 item VIII of this circular.
IX. EFFECTIVE ENFORCEMENT And IMPLEMENTATION 1. This circular effect since August 2009 and replaces circular 07/2001/TT-BCA (V19) on 18/9/2001 of the Ministry of public security guidelines for implementing Decree No. 14/2001/ND-CP on 25/4/2001 on the management of the business functioning security service.
2. the General Director of the Police Department is responsible for the direction, instruction, inspection, urging the implementation of this circular.
3. the Director of the public security Department, central cities are responsible for directing the police administration of social order and public security of the district, County, town, city in the province, the relevant public security units implement this circular.
4. Quarterly, Public Security Department, central cities must report to the Ministry (through the General Directorate of police) about the work of the implementation of Decree No. 52/2008/ND-CP and this circular according to form prescribed.
5. the General Director of the Directorate, the heads of subdivisions, Minister, Director of the public security Department, the central cities. Fire and Police Department fire Ho Chi Minh City according to function, its task is responsible for implementation of this circular.
In the process, if any problems arise, public security units, local authorities, relevant organizations of the Ministry of public security (through the General Directorate of police) to take timely instructions./.