Order and procedures for issuance of certificates of satisfaction of security and order conditions
1. Legal grounds
– Decree No. 96/2016/ND-CP dated July 1, 2016 stipulating security and order conditions for a number of conditional investment and business lines;
– Circular No. 42/2017/TT-BCA dated October 20, 2017 of the Ministry of Public Security detailing a number of articles of Decree No. 96/2016/ND-CP dated July 1, 2016 stipulating conditions for security and order for a number of conditional business lines and industries;
– Circular No. 218/2016/TT-BTC dated November 10, 2016 of the Ministry of Finance stipulating the collection rate, mode of collection, payment, management and use of fee for assessment of conditions in the field of security and surveillance fee. certification of professional security; fees for granting licenses to manage firecrackers; fees for licensing management of weapons, explosives and combat gears;
– Circular 23/2019/TT-BTC Amending and supplementing a number of articles of Circular No. 218/2016/TT-BTC dated November 10, 2016 The Minister of Finance stipulates the rate, collection regime, pay, manage and use fees for assessment of conditions in the security domain; examination fees for the issuance of security certificates; fees for granting licenses to manage firecrackers; fees for licensing management of weapons, explosives and combat gears.
2. Conditions for issuance of certificates of satisfaction of security and order conditions
2.1 Subjects and conditions for issuance of certificates of satisfaction of security and order conditions
a) Execution object
Organizations and individuals wishing to conduct business in the following investment lines:
– Manufacture of seals; business lines and trades using industrial explosives; production, purchase and sale of pants, shirts, military uniforms, military badges, badges, grades and numbers of the People’s Army and People’s Public Security.
– Trading in machines and equipment (including components, spare parts and production equipment): Speed testing machines for road motor vehicles; GSM mobile phone monitoring equipment and other mobile phone monitoring equipment; alcohol testing equipment; betting service business; printing service businesses.
– Trading in devices that cause interference and disrupt mobile communications; business plastic surgery services; discotheque service business; accommodation service businesses; debt collection service business; security service business.
– Business establishments of the Army and non-business units with revenues of central and provincial agencies and organizations in their respective localities.
– Other business establishments not specified at Point a, Clause 1 and Clause 3, Article 24 of Decree No. 96/2016/ND-CP; business establishments authorized in writing by the Police Department for administrative management of social order of the Ministry of Public Security.
b) Requirements and conditions for issuance of certificates of satisfaction of security and order conditions
Depending on each industry and business, business establishments must ensure security and order conditions as prescribed in Articles 7, 8, 9, 11, 13 of Decree No. 96/2016/ND-CP .
2.2 Order and procedures for issuance of certificates of satisfaction of security and order conditions
Step 1: The business establishment submits a dossier to the competent police agency in one of the following forms:
– Submit directly to the competent police agency: District Police; The police department manages administrative order.
– Send via postal service business.
– Submit through the portal on management of investment and business sectors subject to security and order conditions of the Ministry of Public Security. For this form, when receiving the Certificate of satisfaction of security and order conditions, the business establishment must transfer the paper copy to the competent police agency.
Step 2: Time limit for completing the issuance of Certificate of satisfaction of security and order conditions from the date of receiving complete and valid dossiers: No more than 05 working days.
– In case the Certificate of satisfaction of security and order conditions is not granted, within 04 working days from the date of receipt of the dossier, the police agency must send a written reply to the business establishment, clearly stating the reasons therefor.
2.3. Components of the application for a certificate of satisfaction of security and order conditions
a) A written request for a Certificate of satisfaction of security and order conditions of the business establishment (Form 03 in the Appendix issued together with Decree No. 96/2016/ND-CP).
b) A valid copy of one of the following documents: Legal documents of the organization (For example: Certificate of business registration; Certificate of business registration; Certificate of investment registration ; Certificate of operation registration of branches, affiliated units of the enterprise;…)
– In case there are no papers showing the investment and business lines, the business establishment must supplement documents proving the business lines and investment lines in which the business establishment operates and request that it be recorded in the Certificate. a certificate of satisfaction of security and order conditions approved by the business registration authority or a competent authority (for a business establishment being an enterprise, the police authority shall exploit this document on the Portal). national information on business registration).
c) Valid copies of papers and documents proving the satisfaction of fire prevention and fighting safety conditions for the business area and the warehouse for storing raw materials and goods.
d) A curriculum vitae (Form No. 02 in the Appendix issued with Decree 96/2016/ND-CP) enclosed with a criminal record card or a personnel declaration (Form 02b in the attached Appendix). Decree 96/2016/ND-CP) of the person responsible for security and order of the business establishment.
In addition to the documents specified above, the application for a new Certificate of satisfaction of security and order conditions must contain additional documents applicable to a number of business establishments in the following lines:
– For non-foreign-invested security service business establishments, a valid copy of the diploma evidencing the education level of the person in charge of security and order of the business establishment is required. in the name of the Certificate of satisfaction of security and order conditions.
– For a foreign-invested security service business establishment, it must have:
+ A valid copy of the diploma evidencing the education level of the person in charge of security and order of the business establishment named in the Certificate of satisfaction of security and order conditions;
+ Documents proving that the foreign enterprise meets the conditions specified at Points a and b, Clause 4, Article 11 of Decree No. 96/2016/ND-CP has been consularly legalized by the Vietnamese diplomatic mission in Vietnam. the country or territory where the foreign enterprise is headquartered.
– For security service business establishments that have the function of training security service personnel, there must be a curriculum and training program for security service personnel.
– For establishments doing business in the following lines: Producing industrial explosives; trading in explosives precursors; doing business in industries and trades that use industrial explosives for exploration and exploitation of minerals, oil and gas; trading small-class hand-held military guns; casino business; trading in prize-winning video games for foreigners; Betting services business must have a written permission for operation from a specialized state management agency.
2.4. Fee: 300,000 VND
2.5. Authority to issue Certificate of satisfaction of security and order conditions
Pursuant to Article 24 of Decree No. 96/2016/ND-CP, agencies competent to issue certificates of satisfaction of security and order conditions on a case-by-case basis include:
– Police Department for administrative management of social order, Ministry of Public Security
– Police Department for administrative management of social order and police of provinces and centrally run cities
– District-level police offices of provinces and centrally run cities
The above is the advice of Khoa Tin Law on: “Order and procedures to be granted a certificate of satisfaction of security and order conditions”
In case customers have unclear issues or need to discuss further, please call us immediately at 0983.533.005 for a free consultation.
Best regards./.
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