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Circular 02/2001/tt-Bca1: The Ministry Of Public Security's No. 02/2001/tt-Bca On 04 May 2001 Guiding The Implementation Of Decree No. 8/2001/nd-Cp Of The Government Regulation On Security Conditions, Order For A S

Original Language Title: Thông tư 02/2001/TT-BCA1: Của Bộ Công An số 02/2001/TT-BCA ngày 04 tháng 5 năm 2001 Hướng dẫn thi hành Nghị định số 08/2001/NĐ-CP của Chính Phủ Quy định về điều kiện an ninh, trật tự đối với một s

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Circular of the Ministry of public security number 02/2001/TT-BCA on 04 May 2001 guiding the implementation of Decree No. 8/2001/ND-CP of the Government regulation on security conditions, order for some business lines conditional _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the implementation of Decree No. 8/2001/ND-CP on 22/02/2001 of the Government regulation on security conditions order for some sectors, business condition, the Ministry of public security guide as follows: i. SCOPE and OBJECT adjustment: 1. Scope: the condition of security, order for some business lines conditional stipulated in Decree No. 8/2001/ND-CP of the Government be applied to organizations personal, Vietnam; organizations, foreign individuals, Vietnam people settled abroad in the economic sectors: State-owned enterprises, private enterprises, joint stock companies, limited companies, companies with foreign capital, the unit members, the branch of the business, the dealer, cooperative, partnership , individual business households, the basis of State bodies, social and political organizations, the armed forces (hereinafter referred to as the base) works in the Socialist Republic of Vietnam.
2. Group business lines to grant qualified certification of security, order prescribed in article 2 paragraph 1 of Decree 8/2001/ND-CP of the Government include: 2.1. Engraved bookmark craft including the production stamp for State agencies, political organizations, social-political organizations, social organizations, operations-professional, economic organization of armed units, agencies, foreign organizations operating in Vietnam, the State titles; the seal, signature title date markers, markers receive dispatch and other seal types.
The seal on the can be manufactured using metal material. plastic, wood or other materials according to the methods, freezing or other methods.
2.2. Production, sales, repairs, rentals and production, hunting ammunition, hunting business (including guns and bullets pneumatic).
2.3. Production, business support tools, including: production, sales, repair, export, import and assemble the kind of tools that support the provisions in Decree No. 47/CP on 12/8/1996 of the Government and circular No. 09/TT-BNV on 28/9/1996 of the Ministry of the Interior (now the Ministry of public security) on the management of weapons explosive materials and support tools.
2.4. Production, industrial explosives business including the production, recycling, buy sell, supply, export, import of industrial explosives and explosive accessories industry.
2.5. Production, business use of industrial explosives is the lines in the production process, business use to industrial explosives, explosive components (except the military units, police use of industrial explosives to combat service, prevention of crime and the institutes the Science Center, the State used to scientific studies).
2.6. Of Business gas, flammable liquids, including gasoline, gas operations, oil and gas, type of flammable liquid.
2.7. Sales of high building from 11 floors above (including ground floor) used as hotels, houses, Office work.
3. Groups of lines to make commitment to the conditions of security, order prescribed in clause 2 article 2 of Decree 8/2001/ND-CP. 3.1. Business stay in business including hotels, villas, holiday homes, hostels, home organization, personal high from 10 floors down for people to rent in Vietnam; foreigners, who settled overseas Vietnam rent to stay or long term or short term Office.
3.2. active in, including: ofset Printing, laser printing, pô ti concave (copper tube), desktop publishing, oxidized, flexô, grids (silk), inkjet printers, photocopying, close cropping products in profitable purpose.
3.3. pawn services are business activities for a loan, the loan of valuable assets in the money on the condition that the borrower must have assets to pledge.
3.4. the karaoke business is business form singing activities according to tape television.
3.5. business nightclub is the form of business activities in dance.
3.6. business massage (massage) is the business activity of physical therapy to rehabilitate and human health (excluding basis in hospitals aims to rehabilitate patients ' health, not for business purposes; aesthetics clubs, fitness).
II. Conditions Of SECURITY, Order 1. The condition of the subject business: for the head base to do business lines conditional on security, order (Director or legal representative for State business, the business of politics, social organization, directors or General Manager enterprise with foreign investment , limited liability companies, joint stock companies, the Director of the private enterprise, Director of unit members, head of the branch of business, head of the Agency, the Chairman of the cooperative, the cooperative and the individual business households) in the affidavit have enough history, publicity right, not concealed, not perjury and must have the endorsement of the people of ward-level Committee or agency Manager and do not belong to one of the following cases: 1.1. Juveniles, who are restricted or lost the capacity for civil acts.
1.2. The criminal prosecution agency that conducts proceedings is the investigation, prosecution, trial.
1.3. Who's the court prohibited assignment, all practice related to business lines conditional on security, order; prohibition of residence, who are criminal in prison, not detained, being on probation or under one of the measures the Executive handles administration: education in other communes, wards and towns; put in an institution, the basis of healing or administrative probation.
1.4. Who have money but not yet deleted projects area of on charges of violating national security, particularly severe crimes are guilty of punishment from 15 years in prison over the provisions of article 8 of the Penal Code-1999, or other crimes that relate directly to the business lines have the conditions of security that people that are applying for business as the guilty : Brokerage, harboring prostitution; trade, transport, storage, use of weapons, illegal explosives; crime of counterfeiting the seal, the document by the Agency Organization; the crime of cheating customers, usury, harboring or consume the property crimes by others that have.
2. Condition of business establishments.
2.1. To ensure the conditions of regulations on fire safety, explosion, toxic and environmental hygiene; guarantee of orderly conditions of public safety as not disputes, grievances, not in the right area clearance, land encroachment.
2.2. In addition to the conditions in point 2.1 above the production facilities, business support tools; business, production of industrial explosives; production, business use of industrial explosives, Fireworks is not located in the area and banned under the provisions of decision No. 128/TTg dated 08/12/1992 of the Prime or defence works area and military area type 1, type 2 specified in the Bylaw attached to Decree 04/CP dated January 16, 1995 by the Government.
III. Procedure For GRANTING ELIGIBILITY CONFIRMATION Of SECURITY, Order Or COMMITMENT MADE To SECURITY CONDITIONS, Order 1. For groups of lines specified in article 2 paragraph 1, records suggest "qualified certificate of security, order", including: 1.1. Application eligibility certification level of security, in order to make business lines conditional (model ĐD1).

1.2. Copies (notarized or attested, or certified by the State regulatory agency) "the business registration certificate" or "certificate of registration", or "investment" of license basis.
1.3. Affidavit certified résumé of Ward people's Committee, the communes or the direct administration of the head or representative under the law of the base (model ĐD2). Alien cases, Vietnam people settled abroad must have A personnel Declaration (model ĐD2B), copy of passport, entry, exit (when the filed copy must present a key to check).
1.4. List of people who worked in the facility or parts of the business lines of the base (model ĐD3).
1.5. Diagram of the manufacturing sector, the business of the base (diagram of the rooms, production areas, warehouses, raw materials and related areas).
1.6. "certificate of eligibility on the fire" (model ĐD6) for business lines gas, flammable liquids, high building from 11 floors and over used as hotels, houses, Office work.
"The minutes confirm conditions of fire" for the rest of the lines in the paragraph 1 article 2 of Decree 8/2001/ND-CP. within 10 days of receiving a valid profile, the police have the authority to resolve the "qualified certificate of security order "(model ĐD5) for the Organization, the individual recommendations. Case not qualified on security, order, the police must inform in writing stating the reason for the Organization, personal business and please the business registration agency know.
2. for groups of lines in paragraph 2 article 2 when filed "A commitment to implement the provisions of conditions of security, in order to make business lines conditional" (model ĐD4) must be accompanied by the following papers: 2.1. Copies (notarized or attested, or certified by State regulatory agencies), "certificate of registration", or "registration certificate", or "investment" of license basis (except in cases of low income households do not have to register the business specified in item 2 article 17 of Decree 2/2000/ND-CP dated 03/02/2000 the Government published business sign).
2.2. Affidavit background the heads or representatives of legal basis (model ĐD2) or a personnel Declaration (model ĐD2B).
2.3. List of people who worked in the facility or parts of business lines have the condition of the facility.
2.4. The minutes confirm conditions of fire, the fire of the police agency fire prevention authority.
2.5. Diagram of the manufacturing sector, the business of the base (diagram of the rooms, production areas, warehouses for raw materials and the area concerned must have doors, escape accident...).
When receiving documents, police agencies must sign a commitment to the Organization, the individual recommendations.
3. The organization, individuals are granted "qualified certificate of security, order" must pay the fee prescribed by the Ministry of finance.
4. organizations and individuals who have been granted "qualified certificate of security, order," according to the Decree No. 17/CP dated 23/12/1992 of the Government if enough of the conditions stipulated in Decree No. 8/2001/ND-CP was continuing entrepreneurial activity. "Qualified certificate of security, order" for the lines in the paragraph 1 article 2 of Decree 8/2001/ND-CP of value as "qualified certificate of security, order", should not return; for those lines in item 2 article 2 of Decree 8/2001/ND-CP had previously been granted "qualified certificate of security, order" date changed back by a committed "without having to submit additional records.
If not enough conditions under Decree No. 8/2001/ND-CP and this circular guides must supplement according to the regulations.
IV. The LIABILITY of the ORGANIZATION, INDIVIDUALS DO BUSINESS lines CONDITIONAL: organizations and individuals who do business lines conditional upon being granted "qualified certificate of security, order" or have filed "A commitment to implement the regulations, conditions of security, in order to make business conditions" to the full observance of the following rules : 1. Must be notified in writing to the town; Ward, the place of production, trading for at least 10 days before the official operation.
2. Monthly situation report to obey the conditions of security, order of the base (model ĐD12) for public safety agencies have granted "qualified certificate of security, order" or the police where submitted a commitment. Irregular cases have the service, the serious or questionable are related to security, order, they must tell the police where to settle, at the same time inform the police where granted "qualified certificate of security, order" or has submitted A commitment to know.
3. Not contain the accept, consumes the property crimes by others that have, or have other legal violations.
4. the responsibility to coordinate and create favorable conditions for the police to perform, guide to security checks, order.
5. Observance of the instructions and check on security, order of the police authority.
6. When a change in location, scale, head of business establishments, during the 10 days must be reported in writing to the police which was granted "qualified certificate of security, order" or has submitted A commitment to know.
7. Have the option protect security, order, fire, rescue people and property when the incident occurred.
8. In addition to the General provisions in points 1, 2, 3, 4, 5, this section 6.7, each specific lines to make the provisions on security, order the following: 8.1. Engraved bookmark craft: must have manage Windows carved seal (model ĐD8) and complete the columns specified items.
-The engraved seal round, rectangular seals of State agencies, political organizations, social-political organizations, social organizations, mass society-professional, economic organizations, armed units, state title, agency, foreign organizations operating in Vietnam is only done when there is engraved the seal license of police administration of social order of public security level the Police Department or the administration of social order-the Ministry of public security.-The engraved bookmark title, Indian, Japanese, the signature and the stamp must be different types of paper introduced and certified (if is) or the identity of the person to contact (if personal).
Only be engraved the seal type in registered production facilities.
When finished carving the seals must be handed back to the police where the license seal carving (except the title, Japanese-Indian accents, the signature).
To have place to preserve the seal products, not to take, damaged.
8.2. the production, sales, repairs, rentals of hunting guns; production, hunting ammunition business; production, business support tools.
-Have the shared management, the business of hunting guns, hunting rifles, hunting rifles, support tools, industrial explosives (model ĐD9) and must complete the column item in the window.
-Do not use guns or gun parts fire sport to fix the shotgun.
-Do not use explosives, bullets and ammunition supplies, sports medicine to produce ammo shotgun.
-Only selling hunting rifles, hunting rifles, ammunition, tools and resources for people who have purchased the license for hunting rifles, hunting rifle ammunition; License to buy tools in support of public security provincial or Police Department's administration of social order-Ministry of public security.-only fix shotgun for those with the recommendation of the police where the licensed use.
-Only hunting lease for those who have license to use hunting rifles and hunting guns were licensed to use.

-Must have a place to preserve safe hunting rifles, hunting rifles, ammunition support tool, not to take or use illegal activities.
8.3. Production, business industrial explosives and the production, trading and use of industrial explosives:-there is a management book (model ĐD9) and the full record column item.
-There are rules and regulations on fire safety, the sea forbidden, billboards, signs and diagrams directions about fire prevention.
-In business, manufacturing, storage, transport, use of industrial explosives to make the right technical manipulation process.
-Not to the flammable, explosive and with arson, explosive; explosives and explosive accessories in the same warehouse (as prescribed standards of Vietnam).
-Just sold explosives for industrial units have been licensed to use the explosives industry.
-Not to lose, the loss of industrial explosives.
-Don't buy industrial explosives of the Organization, individuals are not allowed to produce, industrial explosives business.
8.4. business gas, fluid:-liquid, gas-must be contained in the specialized media.
-There are rules about fire safety, the sea forbidden, billboards, signs and diagrams directions about fire prevention.
-In the course of business to make the right technical operation rules. No flammable substances close to or confused with where to gas and flammable liquid.
8.5. lease Profession stay There:-staying guests register (form ĐD7) and must complete the column item in the window.
-There are rules to protect listed buildings visible place, rules and instructions.
-Have the duty of receiving instructions.
-Make the book before the guests into the room and staying with the police authorities, communes in 23 hours a day in advance; After 23 hours if there are still right on the window and report on the next day (including guests by the hour).
-In case the carrying of weapons, hunting rifles, the tool must support the request of licenses present use and must send the base store.
-Holiday arrivals must have identity Papers, or other identification photo, stamped or embossed borders lai (for Vietnam); Passport, immigration passport (for foreigner, who settled in Vietnam).
-Is the layout of rooms male, female private (unless is the family, husband and wife).
-Prohibiting the use the facility to house the use, storage, sale and transport of drugs; Gamble; brokerage, harboring prostitution; harboring offenses and violations of other laws.
8.6. the print activity.-There is active management in Windows (model ĐD10) (excluding photocopying black and white).
-Just get in, mirror the publication date, publication when there is enough of the procedures prescribed by law.
8.7. Pawn service: must-have Windows Management Service pawn (model ĐD11) and write a full column of items in the window.
-Not contain the accept, consumes the property crimes by others that have or the violation of other laws.
-Must have the pawn contract provisions.
-The property has ownership papers, or registered as cars, motorcycles ... must present ownership papers, or registration and the full record on the books.
-Must have a safe place to preserve the assets to pledge.
-In addition to follow guidelines in circular No. l3/1999/TT-BTM on 19/5/1999 of the Ministry of Commerce "Business Guide pawn service".
8.8. the karaoke business.
-Must have an area of the room, the lighting, the volume does not affect the overall quiet light in accordance with the provisions of Decree 87/CP dated December 12, 1995 "on strengthening the management of cultural activities and cultural services to promote the article except for some serious social ills".
-The door in the room must have outer diameter can be observed.
-Use the song not being the State administration authority.
-Do not use the location to house the Organization, brokerage, led the prostitution, drugs, gambling and other illegal activities.
8.9. the business of nightclub.
-Must have an area of light volume, as prescribed and do not affect the General quiet and in accordance with the provisions of Decree No. 87/CP dated December 12, 1995 "on strengthening the management of cultural activities and cultural services to promote the article except for some serious social ills".
-Are only allowed to work properly in the record time of cultural agency license information.
-Use tapes, CDs, video discs tapes not be State administration authority.
-If there is American singer, performer must comply with the rule of law-are not taking advantage of the location to house the Organization, brokerage, led the prostitution, drugs, gambling and other illegal activities.
8.10. The business of massage (massage).
-Has a guide into the sauna.
-The sauna ensure there where techniques.
-Massage parlour in the right size, standard, (an area of 4m2, 2, 5 m high).
-South rooms, the ladies room is numbered.
-Massage Rooms are airy, well-lit, hygienic.
-Doors, white, empty glasses on the part of 30 cm on the bottom.
-Massage Bed size, width 0, 8 m high, 1.8 m long, 0 x 2 in.-emergency medicine and instruments Available in the room.
-The massage staff dressed discreetly, you write your name and Photo 4 x 6 size.
Must-have medical staff regularly during operation, steam and massage services.
-In addition to follow guidelines in circular No. 13/TT-BYT on 21/12/1995 the Ministry of health service management guide massage.
V. SECURITY INVESTMENT MANAGEMENT, in ORDER for the BUSINESS lines CONDITIONAL: a. CONTENT MANAGEMENT security management, order for the business lines have the condition stipulated in Decree No. 8/2001/ND-CP include receiving records, a commitment; "qualified certificate of security, order"; issued legal documents, guidelines, test, handle violation according to the rules for the activities of the business lines conditional on security, order.
B. assignment, MANAGEMENT HIERARCHY: 1. General Directorate of police (Police Department administrative management of social order).
1.1. Is the Agency help the Minister of public security direction, testing, tutorial implementing State management functions of security, order; form system serve the management of security, in order for the business lines have uniform conditions throughout the country.
1.2. In coordination with the ministries concerned and directing the implementation of Decree No. 8/2001/ND-CP. 1.3. Steer, guide, check out the tea violates, processors and resolve complaints, accusations of individual organizations on the management of the business lines conditional on security, order.
1.4. the preliminary organization, summarize the implementation of Decree No. 8/2001/ND-CP in the country; advised the Minister of public security proposed the Government decided to adjust the business lines conditional on security, order fits the situation, asked the management state of security, order in each period.
1.5. building program, the plan for international cooperation in the field of management of business lines.
1.6. Receiving records and issued "qualified certificate of security, order" and management of security, in order to:-the business of producing, trading, export and import of industrial explosives; support tools; the family fireworks (by permit).
-Enterprises invested by Foreign Ministry of planning and investment granted the investment license, the Government established the case or allow the business lines have the conditions specified in paragraph 1 article 2 of Decree 8/2001/ND-CP.

-Organizing professional training security guard, order for the force to protect the facilities business lines do have conditions caused by the General Department of police management.
2. Public Security provincial city in Central.
2.1. the police administration of social order.
-Is responsible for organizing and directing implementation of Decree No. 8/2001/ND-CP, this circular and checking, handle the violation according to the local authority.
-Receiving record, examine, verify, report, recommending the case under the jurisdiction of the police administration of social order.
-Complaints, accusations of individual organizations on the management of the business lines have the prescribed conditions.
-Receiving records and issued "qualified certificate of security, order" and management of security, order for: + the base worked carved accents.
+ The production base, sales, repair, lease hunting rifles; production, hunting ammunition business.
+ The production facilities, business use of industrial explosives.
+ The gas trading business, petrol and gas types, other flammable liquid.
-Reception record of commitment and management of security, order for domestic enterprises, enterprises with foreign investment and business hotels, rental apartments, Office work, the printing business; the base in business or dependence in the Agency's internal State, armed units, mass political organizations, social organizations, the public, non-governmental organizations, religious organizations with lucrative purposes; Home of the organization or individual for foreigners, the Vietnam settled in the Foreign Office to stay or rental; nightclub business prescribed in clause 2 article 2 of Decree 8/2001/ND-CP-management of security, order the base business conditions due to the Police Department of administrative management of social order is authoritative.
-General situation, the resulting data the management of an intelligent order business lines conditional in local reports Of police (Police Department through QLHC about TTXH) according to the regulations.
-Guide organization, improving protection of security, in order to protect the facilities business lines do have on local conditions.
2.2. Public Security, districts, towns and cities in the province.
-Directing the organization performs the management of security, order the business lines have the condition; check for and handle breach under the authority of the police district level.
-Check, verify, report, recommending the case by public safety levels on the requirements for the Organization, individuals do business lines have the condition.
-Complaints, accusations of individual organizations on the management of the business lines have the prescribed conditions.
-Receiving records and issued "qualified certificate of security, order" and management of security, order for affiliates, resellers, stores, households and business gas, petrol and combustion gases, flammable liquid.
-Reception record of commitment and management of security, order for the collective basis, individual prints (printed silk), a laser printer (color and monochrome), photocopying (color and monochrome), color inkjet printer, the basis of the close cropping print products; pawn service establishments; massage, karaoke establishments; the cooperative, the cooperative made trades for rent stay (excluding basis in the public security and social management).
-General situation, figures, the results of the management of security, order up the superior police report as specified.
2.3. Public Security wards, communes.
-Implement the management of security, order the business lines have the condition; check for and handle breach under the authority of the police, the communes.
-Check, verify, report, recommending the case by public safety levels on the requirements for the Organization, individuals do business lines have the condition.
-Complaints, accusations of individual organizations on the management of the business lines have the condition.
-Receive the declarations of staying the rental basis of stay within the wards, communes (including foreigners, Vietnam people settled abroad).
-Reception record of commitment and management of security, order for households for vacation rental, accommodation.
-General situation, figures, the results of the management of security, order up the superior police report as specified.
2.4. for the business lines have hierarchical conditions in point 2.2, 2.3 B, section V of this circular do household services such as photocopying, motel accommodation, yet the business registration certificate must still make the commitment to public safety agencies. C. CHECK Handle VIOLATION 1. Content check the implementation of the rules stick, about an order of police agencies is done according to the provisions of Decree No. 8/2001/ND-CP and this circular with regard to each type of specific lines. The test is done properly regulated procedures.
Public safety levels must often hold the security situation, the order of the basis to do business lines conditional in order to guide the base properly regulated under Decree No. 8/2001/ND-CP and the guidance in this circular.
2. When conducting the test must wear police uniform prescribed colors (except the Secretary of public safety, the Deputy town must present certificates of social public security when conducting the test in his Township). After checking the model ĐD15) thereon must specify the test results, there is the head of the base, the violation (if any) name, assigned to the base 1 version and the violation (if applicable) 1.
3. Handle the violation: any violation of the provisions of Decree No. 8/2001/ND-CP, this circular and the provisions of other legal texts concerned are dealt with under the provisions of the law. Depending on the nature and extent of the violation will be sanctioning administrative violations, or prejudice criminal liability.
When conducting checks if the serious breach of the conditions of security, order the test officer has the right to suspend the right of violations and propose measures to handle.
The recovery of the "qualified certificate of security, order" of the base to do business lines conditional in serious violation by the police or public safety agencies have been granted on the decision to withdraw.
VI. IMPLEMENTATION 1. The Canton Police Department is responsible for the direction, instruction, inspection, urging the enforcement of Decree No. 8/2001/ND-CP and this circular.
General Director of the Directorate, the Director, the Director of the Service Bureau directly under the Minister of public safety đóc, head of the central cities, according to its mission, functions with the Mission in collaboration with the General Directorate of Police Organization made this circular.
2. Recommend the heads of ministries, ministerial agencies, Government-affiliated agency, the people's committees of provinces and cities under central in the scope, functions, their powers in coordination with the Ministry of public security in the management and operations of the Organization, individuals do business lines conditional on security order by ministries, local management.
3. This circular is effective from the date of signing and replacing circular No. 09/TT-BNV on 27/3/1993 of the Ministry of Interior passed Decree No. 17/CP dated 23/12/1992 of the Government on the management of the business.
In the process, if there are obstacles, the proposal reflects on the Ministry of public security (through the General Directorate of police) to guide research, timely direction.