Advanced Search

Intelligence 03 /TT-BNV: Guide to Protocol No. 17 /CP on 23/12/92 of the Government on the management of special business professions

Original Language Title: Thông tư 03/TT-BNV: Hướng dẫn thi hành Nghị định số 17/CP ngày 23/12/92 của Chính phủ về việc quản lý các nghề kinh doanh đặc biệt

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
INTERIOR MINISTRY
Number: 03 /TT-BNV
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, March 27, 1993

IT ' S SMART

OF THE INTERIOR MINISTRY

Resolution 17 /CP Protocol

23-12-1992 of the Government on the management of special business professions

On 23 December 1992 the Government issued Protocol No. 17 /CP on the management of special business professions;

The Ministry of Internal Affairs directed this decree as follows:

I. RANGE OF SPECIAL BUSINESS PROFESSIONS

What? 2 Decree 17-CP of the Government provides six types of special business, each of which type in particular as follows:

1. The occupiers ' lease includes: hotel business, hostel, restaurants, guelhouses, motels of agencies, units, armed forces, economic organizations, social organizations; private homes available for lodging; travel services, tourism, and tourism services. Other business facilities, but for motel guests. The facilities say on the business for continuous or seasonal lodging, according to the festival, vacate overnight or for a non-overnight stay.

2. The carving of seals consists of: carving out the seals of State agencies, the armed forces unit, party organization, economic organization, social organization ... and the type of title stamp. This carving activity tells both the advanced craftsand crafts; etching on metal, wood, rubber plastics etc.

3. The printing profession consists of: in Tipô, lightning, indentation (catheter), Flêu, in mesh (in silk), woodcarving, rôme, Phôme copi, la de, basic, printed, printed, printed, printed, printed, and printed.

4. Production, repair of shotguns, production and sale of shotguns; for the hunting of shotguns. Shotguns are used for hunting birds, wild beasts of regulation at Article 1. The practice of using a shotgun was accompanied by Decree No. 246/TTg on 17 May 1958 by the Prime Minister.

5. A business that uses explosives include: production of artillery, gunpowder; mining, mineral deposits, precious stones ... that use explosive materials.

The business used to be toxic is the toxic substances used in the production of the A, B-class, B in the Health Industry; highly toxic substances in business manufacturing in the field of basic chemicals, processing industry, and manufacturing. protecting the plant ...

6. cosmetic surgery: including anatoming methods that change the shape of human characteristics from the age of 15 or older.

The specialty business facilities stated above include all economic components: State businesses, equity firms, limited liability companies, private enterprises, individuals, and business groups; the facilities of the agencies, social organizations including the company, and the company ' s businesses. the business facilities of the Public Security and Army, the enterprises, the investment company or the foreign venture.

II. REVIEW, CONFIRM THE CONDITIONS OF ENSURING THAT THE ORDER FOR ORDERLY SECURITY TO THE ORGANIZATION AND THE INDIVIDUAL APPLY FOR SPECIAL VOCATIONAL BUSINESS.

To ensure a request for the protection of the security of the order at Article 5 of the Decree of 17-CP, the Public Security Agency is responsible for the confirmation of certain conditions regarding the security of order to the institutions and individuals who apply for special business. The Home Office specifically instructs this problem as follows:

1. The procedure for employment

1.1. Organizations and individuals who want to do business in particular, in addition to the filing of business regionations according to the state's existing regulations, each type of special profession must have the following procedures: a. The background statement of the curator or the owner of the facility, has the confirmation of the governing body or of the UBND commune, the ward of the permanent residence.

b. The design of the fire-fire, fire-defense system, the defense, the protection of the security of the facility.

c. If business rental business has to have a map of the motel rooms, the communications system schema, the communications equipment is equipped.

1.2. The procedure filing said above, filed together with a business registration filing for the state agency with the authority to allow the establishment and granting of a business registration certification to transfer to the Public Security Agency review of the confirmation of the condition of ensuring the requirement for order security. before the authority has jurisdiction to allow the establishment and level of a business registration certification.

2. Explain more about the standard of skilled people

2.1. People with a criminal record of other crimes are directly related to the special business they ask for business; the person who has the criminal record that they have taken advantage of the special business operation to commit crimes (paragraph 2 Article 3 of the 17-CP Protocol) In particular: there are convictions for murder, robbery, trafficking, smuggling, fraud, counterfeit goods, owners, prostitution, drugs, gambling. 2.2. Those who are not employed as business specifically stipulate in Article 3 of the Government's 17-CP Protocol only applies to those in the facility in charge of the facility or those who are the base owners. Those employed as employees in the commission or contract, who work in particular business facilities, the person in charge or the owner of the facility must set up a list of these people according to the Department of the Interior ' s regulations and send to the Public Security agency. Direct management. The curator or the owner is responsible for all violations of the regulation of the special business activities of the employees or the workers in their own premises.

2.3. Those who are currently doing business in particular, if the subjects are not allowed to work as stipulated by Article 3 of the 17-CP Protocol, then the Public Security Agency does not issue a conditional certificate of guarantee of order security and the required agency requirements. the authority to revok a business license or not to a business owner or to join the department in charge of a special vocational business facility.

2.4. Foreign organizations and individuals after being granted a business license to invest in business in particular, prior to the deployment of business investment must have a text to the Ministry of Internal Affairs stating the investment, production, business, location, name of the owner of the business. The investment and the list of people in the facility. The recruitment of Vietnamese in these facilities must follow the regulations of the State of the Socialist Republic of Vietnam.

If Vietnamese organizations or individuals are in business with foreigners, the organization and individual of Vietnam must complete the procedure under the provisions of this information.

3. The responsibility of the Public Security Agency in the review allows for special vocational business

3.1. The authorities have the authority to review the business licenses when receiving a special vocational business registration record of organizations and individuals, which are responsible for transferring to the Public Security Agency and regulatory papers at 1.1 point 1 Part II. This may have the opportunity to review the condition of ensuring the requirements of order security.

3.2. The Public Security Agency will grant a certificate of sufficient security to the organization and the individual to obtain a special occupation business and deliver that certificate to the competent authorities before considering allowing the establishment and issuing certificates of identification. Business registration. The period of review of the Public Security Agency's certification level is no more than 15 days from the date of receiving the records of the transfer authorities.

In the event of an institution and the individual business in particular is not eligible to ensure a request for order security, the Public Security Agency must have a written statement of reason.

3.3. Organizations and individuals have been granted a license to issue business registration certification before the Government issued Protocol 17-CP on 23-12-1992 to supplement the procedure for registration of special business pursuits according to Decree 17-CP and Information Information. Secretary of the Interior. The Public Agency conducts a specific review of the conditions of ensuring the requirement for order security to petition for the authority to have jurisdiction over or not for the continuation of business.

3.4. The certificate is eligible for order security under the uniform pattern of the Ministry of Internal Affairs (sample number 1.A accompanied).

4. The authority to grant sufficient regulatory security conditions as follows:

a. The Ministry of the Interior (General Directorate of the People's Police) considers issuing a certificate of sufficient security conditions for government-made businesses to establish and businesses 100% foreign capital and venture-based businesses.

b. The province, the central city of the Central District (chamber of PC13) considers the granting of adequate security clearance to businesses due to ministries and departments of the province, the Central City of Central City, which decides to establish a local operation.

c. The district, district, town, town, the city of the province consider issuing sufficient security conditions for individuals and business groups with lower business capital than the regulatory capital of the 66-HBT of 2-3-1992 by the Council of Ministers. Chief (including the facilities provided by the UBND in a business license under the jurisdiction of the UBND district in the high, remote islands) operates locally.

III. GUIDE TO THE ACCEPTANCE OF REGULATIONS
ORDER SECURITY FOR ORGANIZATIONS AND INDIVIDUALS.
SPECIAL BUSINESS

1. After being granted a state authority to issue a business registration certificate, prior to the opening of operations, organizations and individuals as a special business profession must inform the ward, the township where the business headquarters know about the timing of the start. operation.

2. In the course of the operation of organizations and individuals who do business in particular have to accept the following regulations:

2.1. Fire safety regulations, explosions, poison rooms.

2.2. Open a book that monitors the management of order security according to the regulation pattern and the guidance of the Public Security Agency.

2.3. Implement the regulations on order security and registration, report to the Ministry of Internal Affairs by the Ministry of the Interior for each type of special business.

2.4. It is responsible for finding and reporting in time with the Public Security Agency in cases where there are signs of violation of order security that occur in the facility, including those and the work that is involved in the business activities of these facilities.

2.5 is responsible for implementing the requirements of the Public Security officer when conducting an examination of the conduct of the facility's security regulations.

IV. CHECK THE SUBMISSION OF REGULATIONS
OF ORDER SECURITY.

1. The inspection content of the Public Security Agency

a. Check out valid papers on special business activities, business content records in a license with the business reality of the facility (industry, profession, location, product etc.).

b. Check out the acceptance of state and local government regulations on the special occupation business; the registration of the household management, fire department, the fire department, the crash room, the accident prevention, and detection of the prevention of prevention and detection of social and social disasters. -Yeah

c. The operation examining the acceptance of order security regulations on special business facilities is conducted both with customers who are directly involved in the special business operations of that facility.

2-The authority to check for special vocational business facilities

Head, deputy, Deputy Chief Administrative Officer of the Central Committee of the Central City of China.

b. Head of county security, district, town, city of the province. c. The police chief administrative officer is led by the Duke from the district to a monitoring of the management of special business facilities.

d. Head, deputy security officer, town, sheriff of the area, chief, deputy security officer inspects facilities within the range of charge; Police fire department fire on fire safety tests, toxic rooms, radiation.

Fuck. At the time of the examination, he was forced to wear the uniform of the People's Public Security (except for the case, the Deputy Minister of Public Security conducted the examination in his own). After an examination of whether or not the detection of a violation must be compiled (prescribed by the specified pattern) that specifies the test results, there is the person and the curator or the owner of the same name and the delivery to the base base.

3. Waste Processing.

a. The administrative violations of the special business and business people, or persons involved depending on the degree of violations that apply the prescribed forms of punishment at Article 11 and Article 15 of the Ordination of the Administrative violation; Article 6 of the UN Security Council. 141/HSBT of the Council of Ministers (now Government).

The execution of the administrative breach must proceed in accordance with the procedure of the prescribed procedure at Article 21 of the Ordinal sanctlement ordinance and Article 20 141-HSBT on 25 April 1991 of the Council of Ministers.

b. violations of the organization and the individual outside the base of 3 Article 5 France Article 5 Ordination of administrative sanctions; Article 24 Decree 141-HSBT of Government and point a item 2 of Private No. 09 /TT-BNV (C11) on 30 December 1991 of the Ministry of Internal Affairs guided the implementation of the ordinance and The decree is to punish the administrative breach in the field of order of security.

V. ORGANIZATION EXECUTION

1. To strictly enforce the Government 's decree facilitefactors for organizations and individual business students in particular; the Ministry of Internal Affairs asks the Chief Minister to be responsible for the management of the above professions, UBND province, China' s Central Municipal City. led to organizations and individuals applying for business to fill the procedures under the Government ' s Decree and Ministerial Guidelines, only allow the establishment and registration of business regionations of special business pursuits after a certificate of sufficient certification of the Ministry of Internal Affairs. The security agency of the Security Agency.

2. The organizations and individuals who are doing business in particular are speaking at Article 2 of Protocol 17-CP on 23-12-1992 the Government must complete the addition of the procedure or the new procedure to apply for a special business prior to 30 September 1993. Since 1 November 1993, special business facilities without a licensed business permit have to be discontinued.

3. Public Security is responsible for consideration, validation of sufficient security conditions for organizations and individuals who apply for special vocational business in accordance with regulation and time; often instructs, examining the implementation of order regulations on order to conduct an orderly conduct of the organization. business organizations and individuals in law, detection and handling in time of violations, ensuring the right and legitimate business rights of the facilities. The Department of Police Department is responsible for helping the Ministry monitor the conduct of the execution.

4. This message has been in effect since the date of the issue and the replacement of the Private Information No. 09 /TT on 25 June 1980; Decision No. 38 on 3-7-1987 of the Ministry of Internal Affairs stipulated and instructs the management of special business ./.

Updating

(signed)

Wukong