CIRCULAR guide implementation of Decree 14/2001/ND-CP on 25/4/2001 of the Government on the management of the business functioning security service _ _ _ _ _ _ _ _ _ _ _ _ _ _ on April 25, 2001 the Government issued Decree No. 21/2001/ND-CP on the management of operations, security services to enforce the above Decree, unity The Ministry of public security guide as follows: i. on the SCOPE of DECREE 1. Business activity services protected under the provisions of Decree No. 21/2001/ND-CP comprises the following areas: a) protect people include the protection and safety of life, health, honor the dignity of people who are protected under the rental contract;
b) protect assets and goods is the implementation of the activities of protection to ensure the safety of the assets, the goods of the other organizations, individuals are protected under the rental contract;
c) repair, manufacturing facilities, technical equipment systems specifically designed for active security services.
2. The target object in the directory specified by the State military forces and the police are responsible for people's armed guards, protection and the object that the Government regulated by the protection of agencies, corporate responsibility is not in the scope of Decree No. 21/2001/ND-CP and this circular , which implements the provisions of the law however for each object.
3. The acts prohibited in article 4 of Decree 14/2001/ND-CP include: a) equipped with the weapon, the type of support tools have been stipulated in Decree No. 47/CP dated 12 August 1996 from the Government on the management of weapons, explosives and supportive tools, circular No. 09/TT-BNV (C13) on 29 September 1996 by the Ministry of the Interior (now is the Ministry of public security) guide implementation of Decree No. 47/CP of the Government to protect the operation of the service;
b) established businesses to make the secret investigation activity (using human or technical means to secretly monitor, gather news, the situation related to the operation of the agencies, organizations and individuals); the secret investigation activity that may be the secret to both the objects being investigated and others or just secretly with the object to be investigated, while with others, openly.
c) taking advantage of the protective service operations to infringe the rights, legitimate interests of agencies, organizations, individuals, or to protect the illegal employment; threatened, prevented others accused of illegal employment or hinder, against people on duty.
II. Conditions Of ESTABLISHMENT Of ENTERPRISES And ORGANIZATIONS, Activity Of BUSINESS SECURITY SERVICES 1. Only the business establishment, business registration in accordance with the provisions of Decree No. 21/2001/ND-CP, circulars and the provisions of other relevant laws is conducting business activities in security services.
2. As stipulated in article 9 of law business and item 2 article 2 of Decree 14/2001/ND-CP, the Agency, organization, the following individuals are not established, the management of the business security services: a) State agencies, units of the people's armed forces of using the property of the State or public funds to establish the business enterprise for own gain the Agency, his unit;
b) who are public officers is prescribed by law for public officials;
c) Who are the officers, non-commissioned officers, soldiers, professional military personnel, employees in the agencies, units of the people's army; officers, non-commissioned officers, soldiers, employees of public security of the people in the agencies, units of the people's police;
d) leaders, professional management of the State enterprises, except for those that are candidate to manage the State's shares in other businesses;
DD) minors; underage people restricted or lost the capacity for civil acts;
e) private business owner, Partnership members of partnerships, Managing Director (ceo), Chairman and members of the Management Board, members of the business contracts being declared bankrupt is not entitled to establish the business, not the business managers in the time limit from one year to three years. from the date the business was declared bankrupt, except in the cases specified in the law on enterprise bankruptcy;
g) organizations, foreign individuals, Vietnam people settled abroad; the enterprises invested by foreign countries, or of Vietnam who settled abroad;
h) Who are suffering prejudice criminal liability or are having to approve penalties of jail, detention, all non-residents, on probation, who are entitled to probation but are in time trials or the courts banned the practice of business security services;
I) people are being applied to the other administrative processing measure: education in communes, wards and towns; administrative probation; brought into the institution; taken on the basis of healing; put on the market brought;
k) Who has a money judgment on charges of intentional fault that has not been deleted projects; people have been applying measures to handle other administrative provisions of law have not been considered yet dealt with administrative violations.
3. The authorities, institutions and individuals, stated in point 2 of section II of this circular are not directly perform the operation guard service.

4. Foreigners who settled overseas Vietnam made some direct production activities, repair vehicles, special technical equipment for protection of service activities (professionals, technical workers or direct activity to other production), but not do security staff to perform the activity protect people property and goods, as defined in article 1 of Decree 14/2001/ND-CP and the guidance in this circular.
III. The PROFILE Of BUSINESS REGISTRATION PROCEDURES, SECURITY SERVICES, Additional LINES Of BUSINESS SECURITY SERVICES 1. The establishment, registration, additional lines of business protection service or open a branch, Representative Office, expanding the scale of local operations, must comply with the provisions of the law on enterprises, Decree No. 14/2001/ND-CP and the guidance in this circular.
2. In the profile proposed certificate of business registration or additional security services business must have a "certificate of eligibility on security, order" to business activity services protected by the police, the central cities.
3. the competent State agencies provided only the business registration certificate or permit additional security services business when the records suggest the certificate of business registration, additional lines of business security services have "qualified certificate of security order "to business activity services protected by the police, the central cities.
IV. Record, The PROCEDURE Of CERTIFICATION Of ELIGIBILITY Of SECURITY, Order 1. Records suggest qualified certification of security, order include: a) the petition qualified certification of security, in order to operate the business security services (BV1 form attached to this circular);
b) recommended records issued a certificate of registration of business or suggest additional security services business.
For enterprises with foreign investment have been allowed to operate before the promulgation of Decree No. 21/2001/ND-CP, you must have a copy of the investment license, a copy of the company Charter was the competent State bodies for approval (when submitted must present the original copy to check);
c) regulations on the Organization and operation of enterprises, which are explicitly about the Organization of the business, the scope, goals, measures, methods of conducting business activities in security services; the recruitment, training and management of security staff;
d) list and biographies (with photos and confirmation of the communes, wards and towns where registered permanent residence) of founding members and those expected to hold the key positions of the enterprises (Chairman of the Board; The Director General, Deputy Director General; The Director, Deputy Directors).
For enterprises with foreign investment have been allowed to operate since before the enactment of Decree 14/2001/ND-CP, then in the profile must have a human geography (BV2 form attached to this circular), a passport photo (when submitting a photo must present their passport to inspection) of the head or the legal representative of the enterprise. If the business venture, then the file must be added (there are pictures and confirm of the communes, wards and towns where registered permanent residence) of Vietnam who held the key of the business.
2. jurisdiction, procedure for certification of eligibility of security, order: a) police administration of social order-the police, the central cities of receiving resumes and consider, "qualified certificate of security, order" to operate the business security services for business is headquartered at his local (except guides in point 14 V to this circular).
In the review process, the certification of eligibility of security, order police administration of social order have to coordinate with the relevant business of the city, to ensure the eligibility certification of security , order is tight, right.
b) within 15 days from receipt of valid record, the police receive the profile has the responsibility to research records, consider the fact a comprehensive, complete the conditions of security, order related to human and organizational activities of the enterprises registered business or apply for additional technology security services to business qualified certificate of security, in order for the applicants (BV3 form attached to this circular).
"Qualified certificate of security, order" to operations security services are issued in two copies (one copy to put in application for business registration, a backup at enterprise, branch, Representative Office to present when checked).
Case not qualified on security, order or record is not valid then the police receiving records must inform in writing to the applicants know the reason or request additions.
c) certification applicants qualified on security, order to pay the fees prescribed by the Ministry of finance.
V. RESPONSIBILITY OF ENTERPRISES DOING BUSINESS SECURITY SERVICES

1. At the latest 10 days before the official activities, the head of the business, the head of the branch, the representative office is notified in writing to the police administration of social order-the central cities, where the Head Office of the enterprise or municipal branch Representative Office, said the seat, and the official time of operation. At the same time, must submit the following papers: a) for business, must submit a copy of the business registration certificate or additional protection services (certified by the competent State agencies), list of people in the leadership and staff of the business (which specify the name , year of birth, nationality, hometown and where the registered permanent residence of that person).
b) subsidiary, Representative Office, must submit a copy of the "certificate of eligibility on security, order" to operations security services, business registration certificates or additional business lines corporate protection services; a copy of the certificate of registration of the representative office, branch (a copy of the documents listed above must be certified by the competent State agencies), list of people in the leadership and staff of the branch (Representative Office, which specify the name , year of birth, nationality, hometown and where the registered permanent residence of that person).
2. The head of the business to the full observance of the provisions of the law on the Organization, operation and protection services business to be responsible before the law for all activities of the business; responsibility to inform about the number of branches, representative offices, branches, representative offices and perform reporting quarterly on the activities related to the protection of security, order for the police which had granted "qualified certificate of security order "to operations security services; Executive checks, guide and implement the requirements of the police authority.
3. The Heads of branches, representative offices are responsible to the Managing Director (ceo) business and responsible before the law for all activities of the branch, its representative office accessories to avoid; have a responsibility to report to the police administration of social order-the Police Department, the city where the branch, Representative Office of the situation of the business activities related to the security, order; Executive checks, guide and implement the requirements of the police authority.
4. in case of registered enterprises in the business, this city that take employees to the Department, other city to operate regular services to protect, then slowly as 10 days ago when the operation must be notified in writing about the location, time, method of operation security services at the same time submit a list of those employees will come to work in the province, the City Police Department for the administration of social order-provincial police where to know.
5. where the business has a change of Heads of businesses (Managing Director, Director General, Chairman of the Board), the person to be replaced must meet the conditions prescribed by Decree No. 21/2001/ND-CP and the guidance in this circular. At the same time, the slowest is 15 days after the decision to change the head, business must send copy of decision of appointment, accompanied by the curriculum vitae (with photos and confirmation of the communes, wards and towns where registered permanent residence) of the person to be appointed to the police administration of social order-the level where public security was granted "qualified certificates on security, order "for services business activity known.
6. in case of loss of "qualified certificate of security, order" then must send the police certificate which has to be given back.
The case of bankrupt enterprises, dissolved or not more security services business, they must submit the "certificate of eligibility on security, order" to business security services for public safety agencies have certified it.
7. When changing the corporate headquarters or change where most recent branch, Representative Office, then latest 15 days after the change, businesses must be notified in writing to the police administration of social order-the police provincial headquarters business or branch office the representative office said.
8. Security staff while performing the task must wear a sign in front of the chest to the left and to bring the "certificate of security guards" by Director-level business to present when needed. At the same time is responsible for keeping and preserving documents, not for others to borrow. When only do security guards must submit pay business and signs a certificate of security staff.
9. The model certificate and signs the security guard shall be as follows: business name, Name Of:.



 



a security guard signs): size 9 x 6 cm, white background, black letters on the top line names, businesses, the bottom burn them, the name and photograph of the person to be


sea level, the bottom is of the sea pictures (3x4cm) b) security guard certification: 10 x 6 cm size, background colors, blue face, red-lined letters; the back of the white background, black text and according to the following pattern: the Director (ceo).......

Certification: full name:...................

Year of birth:..................

Where the registration of permanent residence:........................................ protection of employees of the company.

...., on ..., ... in. ....

Director (ceo) ... ...

(stamp)



Backside photos (3x4cm) (COMPANY NAME) SECURITY GUARD CERTIFICATE No.:..



The front 10. The head of the business must manage closely signage, security guard certification and be responsible before the law about the management, using papers that his corporate staff.
11. Security staff while performing the task that detected the incident is related to the security, order occur in protected areas such as: fire, explosion, accident causing injury or death; disturbing public order or the violation of other law offenders, the signs to tell the police where the closest, at the same time have the responsibility to protect and keep the scene, the victim emergency (if any) and to conduct the necessary measures aimed at limiting the damage to occur.
12. Import, export vehicles, special technical equipment used for the operation of the service of protection must be agreed in writing by the Canton Police Department before doing the procedure suggested the State Agency has the authority to allow imports, exports of vehicles, technical equipment.
13. the media production business, special technical equipment used for the operation of the service of protection must indicate the name, address, production facilities on a product and have to register, save the template in the police where already qualified certification of security, order before delivering to the market.
14. For business foreign investment were the State Agency has the authority to allow operations from the security services before the enactment of Decree 14/2001/ND-CP) Must make the records suggest qualified certification of security, in order to operate the business security services according to the instructions in point 1 section IV of this circular , send the magnetic police administration of social order-the Ministry of public security to be considered, that certification.
Police Administration of social order-the Ministry of public security is responsible for implementing the grant organization "eligibility certificate of security, order" to operate the business security services for enterprises with foreign investment in accordance with the provisions of Decree No. 21/2001/ND-CP and the sequence General procedures, instructions in this circular.
b) continued to function normally until the end of the time limit stated in the license in the correct category, range, the area of operations was the State Agency has the authority to confirm in the investment license and Charter company;
c) not to renew the license, not additional security services business, not expand the range of local activities, in comparison with the investment license or charter company has rules.
d) Must comply with the provisions of Decree No. 21/2001/ND-CP and the guidance in this circular, as well as provisions of other relevant laws; accepted the check, the instructions of the competent State bodies.
VI. EXAMINE, HANDLE In The OBSERVANCE Of The RULES On SECURITY, Order For SERVICE BUSINESS OPERATIONS Of PROTECTION 1. Test content: the police are competent only to check the problem in the field of security, order in the process of organization and activity of the business enterprise security services, namely: a) check the condition of security, order in the process of organizing business operations, security services;
b) test procedures, papers related to security and order in the Organization, the activities of the business.
c) examine the observance of the provisions of the law of security and order in the process of business operations and staff security.
d) check the contents, programs, professional training for security staff of the business enterprise security services and other institutions are competent State agencies for permission to perform the function of training, training for security guard services;
2. check the jurisdiction: a) Police Department administrative management of social order-the Ministry of public security is responsible for guiding and directing the work of checking the observance of the provisions of the law of security, order for business activity services on nationwide direct and conduct the inspection when necessary.
b) police administration of social order-the Ministry of public security, the central cities is responsible for checking the observance of the provisions of the law of security, order for service business activities to protect local in scope.

The inspection is conducted periodically once a year and must have plans, specific content to inform the head of the business to know before conducting the test.
Cases detected signs of breaking the law, then the test was conducted, but after the test is complete must have reported test results for the heads of businesses know and report to the Director of Public Security Department, the central cities of test results.
Prohibiting the advantage of inspection to annoy, harass, obstruct the lawful business activities of the enterprise.
Soldiers, police officer when conducting the test must wear the correct Interior command Thing of public security of the people.
3. Handling violations: all violations of security regulations, order in the Organization, operations security services must be timely discovered, suspension and handling the strict provisions of the law.
Serious violations of conditions of security, order in the Organization and operation of business security services, in addition to being handled according to the provisions of the law can be revoked "qualified certificate of security, order".
The recovery of the "certificate of the eligible security, the order" public safety agency has certified that the superior public security organ or a decision to revoke.
VII. IMPLEMENTATION 1. The Canton Police Department has responsibility for directing, guiding, inspecting the enforcement of Decree 14/2001/ND-CP and this circular; Unified regulating the type of form, the profile of the people's police force for security management, for order of operations security services.
2. the Director of the public security Department, central cities have chief responsibility, propose to the President of the people's committees at the same level and in coordination with relevant agencies in order to better manage operations security services on the province, the City Police Director, administration of social order maintenance , in cooperation with the relevant units in the implementation of the management of security, in order for the business activity services security.
3. Pursuant to the provisions of Decree No. 21/2001/ND-CP and the guidance in this circular, the Chairman of the provincial people's Committee, the city of centrally directed the relevant authorities and committees of population levels done right regulated by the law on the Organization and management of business activities on the local security services.
4. The proposal of the Ministry, ministerial-level agencies, government agencies, within the scope of the functions, duties and powers of coordination with the Ministry of public security in the management of the business functioning check protection service.
5. This circular takes effect after 15 days from the date of signing.
6. the General Director of the Directorate, the Commander of the guard command, Service Chief, Director of the Service Bureau directly under the Minister of public security, the Director of public security of the province, central cities, according to the functions, duties, authority responsible for implementation and guidelines, examine urge the implementation of this circular.
In the process if there are obstacles, it should report on the Ministry of public security (through the General Directorate of police) to take timely instructions.