Thông tư 33/2010/TT-BCA

Circular No. 33/2010/TT-BCA of October 05, 2010, specifying security and order conditions for a number of conditional business lines and trades

Circular No. 33/2010/TT-BCA specifying security and order conditions đã được thay thế bởi Circular 42/2017/TT-BCA on guidelines Decree 96/2016/ND-CP security requirements certain business và được áp dụng kể từ ngày 06/12/2017.

Nội dung toàn văn Circular No. 33/2010/TT-BCA specifying security and order conditions


THE MINISTRY OF PUBLIC SECURITY
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 33/2010/TT-BCA

Hanoi, October 05, 2010

 

CIRCULAR

SPECIFYING SECURITY AND ORDER CONDITIONS FOR A NUMBER OF CONDITIONAL BUSINESS LINES AND TRADES

Pursuant to the Government's Decree No. 77/2009/ND-CP of September 15, 2009, defining the functions, tasks, powers and organizational structure of the Ministry of Public Security;
The Ministry of Public Security specifies security and order conditions for a number of conditional business lines and trades as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular specifies security and order conditions provided in Decree No. 72/2009/ND-CP of September 3, 2009, providing security and order conditions for a number of conditional business lines and trades (Decree No. 72/2009/ ND-CP); Decree No. 107/2009/ND-CP of November 26, 2009, on trading of liquefied petroleum gas (Decree No. 107/2009/ND-CP) and Decree No. 109/2009/ND-CP of December 1, 2009, on signals of priority vehicles (Decree No. 109/2009/ND-CP).

Article 2. Subjects of application This Circular applies to:

1. Organizations and individuals engaged in business lines and trades subject to security and order conditions provided in Decree No. 72/ 2009/ND-CP Decree No. 107/2009/ND-CP and Decree No. 109/2009/ND-CP.

2. Public security units and local police offices involved in the management of business lines and trades subject to security and order conditions.

Article 3. Business lines and trades subject to security and order conditions

Business lines and trades subject to security and order conditions specified in Clause 1. Article 1 of Decree No. 72/2009/ND-CP: Clause 6 of Article 16. Clause 2 of Article 26. Clause 3 of Article 29. Clause 4 of Article 33. and Clause 3 of Article 37 of Decree No. 107/2009/ND-CP and Clause 1, Article 16 of Decree No. 109/2009/ ND-CP include:

1. Making of seals of agencies, organizations and armed forces units; post seals, title seals, signature seals and other types of seal.

2. Production and trading of industrial explosive materials and ammonium nitrate of high content (98.5% or higher), including production, recycling, preservation, purchase and sale of industrial explosives and industrial explosive accessories, and ammonium nitrate of high content (98.5% or higher) for civil use.

3. Production and business activities using industrial explosive materials or ammonium nitrate of high content (98.5% or higher), including blasting services and industries and sectors which use industrial explosive materials or ammonium nitrate of high content (98.5% or higher) in their production or business activities.

4. Production, trading and repair of supporting tools, including production, assembly, purchase and sale of supporting tools and accessories thereof, and repair of supporting tools.

5. Production of fireworks, covering production, trading, export and import of fireworks and materials for firework production.

6. Provision of travel accommodations, covering hotel and inn business and other types of accommodations for overnight or hour-based guests.

Organizations and individuals that lease houses to Vietnamese citizens who reside, work or study in the country arc not subject to Decree No. 72/2009/ND-CP and this Circular but shall comply with the Law on Residence.

7. Lease of houses or offices to foreign organizations and individuals.

8. Printing activities, including plate making, printing, post-press processing and color photocopy.

9. Pawn services, covering provision of loans on the condition that borrowers deposit a property as pledge.

10. Karaoke bar business, including the provision of services for customers to sing along recorded tapes, disks or other visual recording media.

11. Dance hall business, including the provision of various kinds of ballroom services by business establishments satisfying law-prescribed conditions.

12. Massage services, which apply physiotherapies to rehabilitate and improve human health (except massage establishments employing people with disabilities).

13. Provision of prize-winning electronic games for foreigners.

14. Casino business.

15. Debt collection services.

16. Trading of liquefied petroleum gas (LPG), including gas trading agents, bottled gas selling shops, gas-bottling and automobile gas-filling stations, gas supply stations.

17. Production and trading of signaling devices of priority vehicles, including production, trading and import of signal flags lights and horns for giving priority signals of motor vehicles.

18. Repair of hunting rifles, including repair and replacement of parts and accessories of hunting rifles of all kinds, with permission of competent state agencies.

Chapter II

SPECIFIC PROVISIONS

Article 4. Security and order conditions

1. Heads of business establishments subject to security and order conditions, heads of branches and representative offices and at-law representatives of these establishments must have clear personal backgrounds and not fall into any of the cases specified in Article 3 of Decree No. 72/2009/ND-CP.

2. Business establishments must maintain and properly satisfy security and order conditions throughout the course of their business operations; observe regulations on public security and order and environmental sanitation and be located outside areas or places in which business operation is banned by law.

3. In addition to the conditions specified in Clauses 1 and 2 of this Article, the following business establishments must also satisfy the following lire prevention and lighting conditions:

a/ Establishments producing, trading in, preserving or using industrial explosive materials and ammonium nitrate of high content (98.5% or higher); producing or trading in gas; producing fireworks; operating dance halls; providing travel accommodations or leasing houses or offices of 7 stories or higher to foreign organizations and individuals, must obtain certificates of satisfaction of fire prevention and fighting conditions;

b/ Establishments providing travel accommodations or leasing houses or offices of 6 stories or lower to foreign organizations and individuals; producing, trading in or repairing supporting tools; providing prize-winning electronic gaming services for foreigners, conducting casino business or printing activities (excluding color photocopy); providing pawn services; operating karaoke bars or providing massage services, must possess written records of safety inspection for fire prevention and fighting.

4. For business establishments using industrial explosive materials, certificates of satisfaction of fire prevention and fighting conditions to be included in dossiers of application for certificates of satisfaction of security and order conditions arc certificates of satisfaction of fire prevention and fighting conditions at warehouses of industrial explosive materials. If business establishments rent such warehouses, they shall produce documents evidencing such rent.

5. Business establishments subject to security and order conditions falling into any of the following cases are not required to produce certificates of satisfaction of fire prevention and lighting conditions or written records of safety inspection for fire prevention and fighting:

a/ Establishments based in buildings with their designs already appraised and approved in terms of fire prevention and lighting;

b/ Establishments making seals; providing debt collection, massage, color photocopy, production or trading of signaling devices of priority vehicles.

Article 5. Dossiers, procedures and competence for granting certificates of satisfaction of security and order conditions to and managing business establishments

1. Written confirmation of satisfaction of security and order conditions and certificate of satisfaction of security and order conditions referred to in Decree No. 72/2009/ND-CP and Decree No. 107/2009/ND-CP arc collectively referred to as certificate of satisfaction of security and order conditions in this Circular.

2. Dossiers of application for certificates of satisfaction of security and order conditions

An applicant shall submit a dossier set to a public security office competent to grant a certificate of satisfaction of security and order conditions, which comprises:

a/ An application for a certificate of satisfaction of security and order conditions;

b/ A valid copy of any of the following papers: enterprise registration certificate (under Decree No. 43/2010/ND-CP of April 15, 2010, on enterprise registration); business registration certificate; investment certificate; operation registration certificate (for enterprise branches); tax registration certificate (for revenue-earning non-business organizations).

For business lines and trades subject to security and order conditions of business households, household registration certificates specified in Clause 2. Article 49 and Clause 1, Article 51 of Decree No. 43/2010/ND-CP are required;

c/A valid copy of a certificate of satisfaction of fire prevention and fighting conditions or a written record of safety inspection for fire prevention and fighting as specified in Clauses 3 and 4. Article 4 of this Circular;

d/A resume (stuck with a 4 cm x 6 cm photo) of the head of the enterprise, branch or representative office or the at-law representative of the business establishment subject to security and order conditions (with certification by the People's Committee of the commune, ward or township where he/she has registered his/her permanent residence or his/her managing agency). For foreigners or overseas Vietnamese, there must be a personnel declaration (stuck with a 4 cm x 6 cm photo) and a photocopy of the passport or residence card (with the original shown for comparison).

3. In case of application for re-grant or renewal of a certificate of satisfaction of security and order conditions, there must be only a written application clearly stating the reason for and valid copies of documents proving the necessity of re-grant or renewal of such certificate.

4. Responsibility and power to grant certificates of satisfaction of security and order conditions and to manage business establishments are as follows:

Within 7 working days after receiving a complete and valid dossier, a public security office shall grant a certificate of satisfaction of security and order conditions.

a/ The Social Order Administrative Management Police Department shall receive dossiers and grant certificates of satisfaction of security and order conditions and manage the following establishments:

- Establishments producing or trading in industrial explosive materials and ammonium nitrate of high content (98.5% or higher): providing blasting services: producing, trading in or repairing supporting tools: repairing hunting rifles; producing or importing fireworks: dealing in prize-winning electronic games for foreigners: conducting casino business: and five-star hotels;

- Business establishments subject to security and order conditions of enterprises established by the Government or foreign-invested enterprises licensed by the Ministry of Planning and Investment;

- Business establishments and revenue-earning non-business organizations engaged in business activities subject to security and order conditions of general department-level units of the Ministry of National Defense and the Ministry of Public Security;

- Business establishments subject to security and order conditions of central political organizations.

b/ Social order administrative management police divisions of provincial-level Police Departments shall receive and examine dossiers for granting certificates of satisfaction of security and order conditions, and manage the following establishments (except those specified at Point a. Clause 4 of this Article):

- Establishments making seals; production or business establishments using industrial explosive materials and ammonium nitrate of high content (98.5% or more):

- Enterprises providing travel accommodations; leasing houses or offices to foreign organizations or individuals; conducting printing activities; providing debt collection services: or operating dance halls;

- Establishments producing or importing signaling devices of priority vehicles:

- Business establishments subject to security and order conditions of revenue-earning non-business organizations of central agencies;

- Business establishments subject to security and order conditions of revenue-earning non-business organizations of provincial-level agencies:

- Business establishments subject to security and order conditions managed by social order administrative management police divisions of provincial-level Police Departments as authorized by the Social Order Administrative Management Police Department.

c/ Police offices of districts, towns or provincial cities shall receive and examine dossiers for granting certificates of satisfaction of security and order conditions and manage the following establishments (except those specified at Points a and b, Clause 4 of this Article):

- Establishments providing pawn services;

- Gas trading agents, bottled gas selling shops, gas bottling and auto-gas filling stations, gas supply stations;

- Establishments trading in signaling devices of priority vehicles;

- Establishments encased in karaoke bars or providing massage services;

- Business establishments subject to security and order conditions other than enterprises providing travel accommodations; leasing houses or offices to foreign organizations and individual; or conducting printing activities;

- Revenue-earning non-business organiza­tions of district-level agencies and organizations engaged in business activities subject to security and order conditions.

d/ For centrally run cities, depending on practical conditions of their localities, directors of municipal police departments shall assign the management of business lines and trades subject to security and order conditions (except establishments specified at Point a, Clause 4 of this Article) to competent social order administrative management police offices.

5. In case many business lines or trades subject to security and order conditions are concurrently conducted at a place of business, the grant of a certificate of satisfaction of security and order conditions is as follows:

a/ If these business lines or trades are conducted by the same entity but fall under the competence to grant certificates of satisfaction of security and order conditions of the police offices specified at Points a, b. c and d, Clause 4. Article 5 of this Circular, the police office at the highest level shall manage and consider security and order conditions and grant a common certificate of satisfaction of security and order conditions for all these business lines or trades;

b/ If these business lines or trades are conducted by different entities but fall under the competence to grant certificates of satisfaction of security and order conditions of police offices specified at Points a. b. c and d. Clause 4. Article 5 of this Circular, the highest-level police office shall manage and consider security and order conditions and grant a certificate of satisfaction of security and order conditions to each business owner at that place.

6. For branches or places of business attached to a business establishment outside the main place of business, a certificate of satisfaction of security and order conditions shall be granted to each branch or attached place.

7. The validity duration of certificates of satisfaction of security and order conditions granted to business establishments using industrial explosive materials for mineral exploration and exploitation, civil construction works operating for a given period is that indicated in the licenses for use of industrial explosive materials granted by competent state management agencies-

Article 6. Responsibilities of organizations and individuals conducting business lines or trades subject to security and order conditions

1. General responsibilities:

The head of an enterprise, branch or representative office or at-law representative of a business establishment shall observe regulations on security and order and shall:

a/ Conduct business activities only after obtaining a certificate of satisfaction of security and order conditions granted by a competent police office: organize the implementation of and guide, urge and inspect persons engaged in conditional business lines or trades in his/her establishment in properly observing Decree No. 72/2009/ND-CP Decree No. 107/2009/ND-CP Decree No. 109/2009/ND-CP this Circular and relevant laws throughout the course of operation;

b/ Submit to inspection and instruction by competent police offices;

c/ Report on a quarterly basis (in the last week of the last month of a quarter) to the police office that has granted the certificate of satisfaction of security and order conditions on the observance of law and other issues related to security and order in the course of business operation;

d/ Provide to a competent police office upon request a list of and information on employees (including foreigners) of his/her business establishment; a ground plan of the production or business area; a diagram of the warehouse of industrial explosive materials and ammonium nitrate of high content (98.5% or higher); statistics on security and fire prevention and fighting devices; and information and communication at the business establishment;

e/ Keep a book for production or business management and record all required information in a form provided by the Ministry of Public Security together with this Circular;

f/ Notify in writing to a competent police office the change of the head of the enterprise, branch or representative office;

g/ Notify in writing to a competent police office the operation duration or operation suspension duration;

h/ Refrain from leasing, lending, transferring or modifying the certificate of satisfaction of security and order conditions;

i/ Business establishments providing services of massage, dance hall, karaoke bar, prize-winning electronic games for foreigners, casino or debt collection shall register lists of their employees and technicians with their personal details with police offices of wards, communes or townships.

2. Specific responsibilities for each business line or trade:

a/ For seal making:

- Seal makers shall issue papers of appointment for seal handover, clearly indicating places and time of handover;

- After completing the seal carving, finished seals shall be delivered to competent police offices for registration;

- For carving title seals, signature seals or other types of seal, letters of introduction (for agencies) and identity cards are required;

- There must be places of preservation of finished seals, avoiding loss of or damage to seals;

- It is prohibited to abuse seal-making establishments for making counterfeit seals or making seals in contravention of regulations;

- Any suspicious signs of making seals in contravention of regulations must be reported to competent police offices for verification.

b/ For production and trading of industrial explosive materials and ammonium nitrate of high content (98.5% or higher):

- Warehouses of industrial explosive materials must be up to prescribed standards, while explosive materials and flammable substances may not be stored in the same warehouse;

- Industrial explosive materials and ammonium nitrate of high content (98.5% or higher) may be sold only to units possessing certificates of satisfaction of security and order conditions and licenses for use of industrial explosive materials and ammonium nitrate of high content (98.5% or higher) granted by competent state agencies or written approvals of the Police General Department for Administrative Management of Social Order and Safety of the Ministry of Public Security.

c/ For production and business activities using industrial explosive materials and ammonium nitrate of high content (98.5% or higher):

- There must be warehouses of industrial explosive materials and ammonium nitrate of high content (98.5% or higher) up to prescribed standards: while explosive materials and flammable substances may not be stored in the same warehouse:

- Production or business establishments using industrial explosive materials and hiring blasting services may only hire blasting service providers possessing blasting service licenses and certificates of satisfaction of security and order conditions;

- Blasting service providers shall notify in writing 10 days before the blasting to provincial-level police divisions for social order administrative management in localities in which blasting services arc provided;

- Blasting managers, commanders and workers and service providers involved in the use of industrial explosive materials and ammonium nitrate of high content (98.5% or higher) must be professionally qualified and trained in safety techniques in lire and explosion prevention and fighting:

- The use of industrial explosive materials must strictly follow approved blasting designs (guidelines);

- industrial explosive materials and ammonium nitrate of high content (98.5% or higher) which are left unused after a blasting must be warehoused to avoid loss or illegal use;

- It is prohibited to purchase industrial explosive materials and ammonium nitrate of high content (98.5% or higher) from organizations and individuals unlicensed to produce or trade in these materials.

d/ For production, trading or repair of supporting tools:

- Establishments producing, trading in or repairing supporting tools may purchase only supporting tools and accessories of lawful origins for production of supporting tools and sell supporting tools only to agencies and organizations licensed by competent police offices to purchase supporting tools:

- They may repair supporting tools only for agencies and organizations licensed by competent police offices to use supporting tools.

e/ For fireworks production:

- The production, preservation and transportation of fireworks must comply with safety processes and regulations:

- The export and import of fireworks and materials for firework production must be licensed by a competent police office. Licenses to transport fireworks, firework firing accessories and materials for firework production into or out of the territory of the Socialist Republic of Vietnam must comply with Circular No. 08/2010/TT-BCA of February 5, 2009, detailing a number of articles of Decree No. 36/2009/ND-CP of April 15. 2009. on use management of fireworks;

- Fireworks may be sold only to units and localities permitted to light fireworks under Article 7 of Decree No. 36/2009/ND-CP.

f/ For lease of travel accommodations:

- Internal regulations of establishments leasing accommodations must be posted at easy-to-spot places:

- Guest information must be fully recorded in check-in books before taking guests to their rooms and the guest stay must be notified to commune, ward or township police offices before 23 hours on the same day. For guests who check in after 23 hours, their information must be recorded in check-in books and notified to the police before 8 hours of the next day (also for hour-based guests). Any security and order-related suspicions must be reported to the commune, ward or township police office:

- If having notified guest stay to the police via the Internet, accommodation service establishments shall fully store information on guests who have stayed at their accommodations for management;

- Guests who carry weapons, supporting tools or explosives are required to produce use licenses granted by competent police offices and accommodation service establishments shall properly preserve these weapons, tools or explosives;

- Guests shall produce any of the following papers: identity card: passport: papers stuck with photos granted by Vietnamese state management agencies; working mission certification by the managing agency or organization; certification by the agency with which the "guest works; or certification by the People's Committee of the commune, ward or township in which the guest resides.

After admitting guests without these papers to their establishments, establishment owners shall promptly notify such to commune, ward or township police offices;

- For guests staying in groups, group representatives or heads shall carry out check-in procedures for their groups but shall produce personal identity papers of all these guests for receptionists to compare and fully and accurately record their information in stay management books under regulations. If any guest in a group has no personal identity paper, the group representative or head shall make- a written request for rent of accommodations, clearly staling the reason and provide sufficient information on all persons in the group for recording in a stay management book under regulations;

- Persons who wish to visit guests in their rooms shall produce personal identity papers to receptionists for clearly and fully recording relevant information in a monitoring book:

- It is prohibited to use accommodation establishments as criminal dens or for use. storing or trading of narcotics, gambling, prostitution and other illegal acts.

g/ For lease of houses or offices to foreigners:

- Establishments leasing houses to foreigners must satisfy sanitary, environmental, fire prevention and fighting conditions: observe regulations on stay notification; and promptly notify the police of security and order-related incidents.

Foreigners renting houses must possess lawful permits for temporary residence in Vietnam and submit to inspection by competent state agencies.

- Establishments leasing offices to foreign organizations or individuals shall employ receptionists; update adequate information on foreign organizations or individuals renting offices (names of offices, operation domains, heads of offices and total number of employees); and request offices and companies to adequately observe regulations on security and order assurance at the establishments.

In case of renting houses for use as representative offices or offices of branches of companies or business establishments, foreign individuals and organizations are requested to produce licenses for setting up representative offices or branches of companies, or investment certificates granted by competent Vietnamese state agencies and submit to inspection by competent state agencies.

- Owners of business establishments shall request foreign organizations and individuals that rent houses or offices to assure security and order, fire prevention and fighting and obey their internal regulations.

h/ For printing activities:

- Printing establishments may undertake to print or reproduce printed matters and publications only when completing procedures and entering into economic contracts under law;

- For press products: There must be a press activity permit granted by the Ministry of Information and Communications;

- For printing of product labels and packages: Customers are requested to show their business registration certificates for their product lines or letters of introduction of production establishments whose names are indicated on product labels or packages. Printing specimens must bear seals and signatures of legal persons that order the printing;

- For labels of products or goods on the list of those for which a certificate of conformity with Vietnam standards (TCVN) is required, there must be such certificate under regulations;

- For printing products being labels of pharmaco-chemical products or medicines, there must also be registration numbers issued by the Ministry of Health or provincial-level Health Departments under regulations;

- For printing products being anti-counterfeit stamps, there must be specimens certified by competent state agencies;

- Activities of plate making and post-press processing must be fully and specifically recorded in monitoring books;

- Unlicensed printing and printing of copies in excess of the licensed quantity are prohibited.

i/ For pawn services:

- When providing pawn services, pawn shop owners shall make contracts under regulations. Pawn or mortgage makers shall produce their valid identity cards or passports to pawn shop owners for checking, comparison and photocopying;

- For pawning goods and assets under the ownership of a third party, a valid power of attorney of the owner is required.

- Goods and assets of unclear origin or assets obtained from illegal acts must not be accepted for pawn;

- Any suspicion that a goods or an asset is obtained through commission of a crime must be promptly reported to a competent police office for inspection and handling.

j/ For karaoke services:

- A karaoke room must satisfy prescribed sound-proof and lighting standards; have windows made of colorless glass so that the whole room can be seen from outside; has no inside latch, lock or alarm; tapes and disks used in karaoke rooms must bear control labels as required; karaoke bars are not allowed to open from 12 p.m. to 8 a.m.; particularly, karaoke bars in hotels of 4 or more stars may open after 12 p.m. but no later than 2 a.m.;

- Karaoke bars shall notify their lists of attendants to police offices of communes, wards or townships in which they are located and police offices that have granted certificates of satisfaction of security and order conditions;

- Attendants of karaoke bars must be full 18 years or older and have labor contracts;

- It is prohibited to use karaoke bars for prostitution purpose: trading and use of narcotics: gambling and other illegal acts.

k/ For dance hall services:

- Only starred travel accommodation establishments, cultural houses and centers with the legal person status and fully satisfying the law-prescribed conditions may provide dance hall services. However, these dance halls are not allowed to open from 12 p.m. to 8 a.m.; particularly, those in hotels of 4 or more stars may open after 12 p.m. but no later than 2 a.m.:

- Dance halls may not employ persons with previous convictions or criminal records. Employees of establishments providing dance hall services must be full 18 years or older and have labor contracts;

- There must be regulations, internal rules, signboards and indication boards on fire prevention and fighting and emergency exits. Establishments providing dance hall services must have their fire prevention and fighting forces which are regularly trained and fire fighting and emergency evacuation plans approved by competent authorities;

- Establishments providing dance hall services must have security guards who are employees of security service providers possessing certificates of satisfaction of security and order conditions;

- Measures must be taken to prevent the use of narcotics in dance halls or abuse of dance halls for narcotic trading, prostitution and other illegal acts.

l/ For services of prize-winning electronic games for foreigners and casino services:

- Service providers shall post up their operation internal regulations at their establishments, and arrange employees to check passports and laissez-passers of customers and open books for monitoring service users, and register prize payment rates with a finance agency under regulations;

- Prize-winning electronic gaming machines and equipment must be up to quality standards of proper types and inspected by Vietnamese functional agencies;

- Service providers shall make statistics on number and types of gaming machines and lists of their employees;

- Service providers may not admit domestic Vietnamese to play games at their establishments;

- Service providers must have security guards who are employees of security service providers possessing certificates of satisfaction of security and order conditions.

m/ For massage services:

- Massage parlors must have boxes for safe­keeping of personal belongings of customers; massage rooms must have no latches and locks inside. The upper part of doors of massage rooms must be made of clear glass so that these rooms can be seen from the outside. Male and female customers must be served in separate rooms. These parlors must have medical workers and emergency alarms. Masseurs must have labor contracts and practice certificates under regulations, wear decent outfits and nameplates (with photo) indicating their full names. There must be qualified doctors staying on duty at massage parlors, which must also have sufficient medicines as required and shall notify lists of their employees and technicians to commune, ward or township police offices and police offices that have granted certificates of satisfaction of security and order conditions:

- Tam quat (traditional massage) parlors must be hygienic and have boxes for safe-keeping of personal belongings of customers; shall notify lists of their masseurs to commune, ward or township police offices and police offices that have granted certificates of satisfaction of security and order conditions. Masseurs must have labor contracts under regulations. n/ For debt collection services:

- Employees of debt collection service providers must satisfy all prescribed criteria;

- Debt collection service contracts (copies) must be submitted to police offices that have granted certificates of satisfaction of security and order conditions before their performance;

- Debt collection service contracts must be notified in writing to commune-level police offices before their performance;

- Debt collection services may be provided within the law-prescribed scope and under authorization by creditors or debtors.

o/ For gas trading (gas trading agents, bottled gas shops, gas-bottling and automobile gas-filling stations and gas supply stations):

- Gas trading establishments shall strictly observe regulations on fire and explosion safety; post up internal regulations on fire prevention at easy-to-spot places;

- Gas trading establishments shall properly and adequately implement processes of gas filling and gas supply, and adopt incident response plans:

- Gas gauging and filling devices must be inspected and registered under regulations.

p/ For trading, production or import of signaling devices of priority vehicles:

- Types and quantities of produced, traded or imported signaling devices of priority vehicles and names of purchasers of these devices;

- Organizations and individuals producing trading or importing signaling devices of priority vehicles may only install or sell these devices to organizations and individuals permitted by competent agencies to use these devices.

Article 7. Responsibilities of police offices

1. To advise People's Committees at all levels on directing local functional agencies in coordinating with public security forces in managing business lines and trades subject to security and order conditions specified in Decree No. 72/2009/ND-CP Decree No. 107/2009/ND-CP Decree No. 109/2009/ND-CP and this Circular's guidance.

2. Police offices competent to manage business lines and trades subject to security and order conditions shall disseminate regulations on these conditions applicable to conditional business lines and trades; inform methods and tricks employed by related crimes and guide business establishments in implementing the information and reporting regime as directed by the Ministry of Public Security; and provide professional instructions to security guards of business establishments.

3. When performing their duties, other professional units of the public security force shall coordinate with units managing business lines and trades subject to security and order conditions and properly perform their assigned functions and tasks; may neither request business establishments to carry out administrative procedures irrelevant to their powers nor cause troubles or difficulties to these establishments and shall refrain from abusing their powers and taking advantage of their duties for self-seeking purposes or to impede normal operations of enterprises and business establishments.

4. Commune, ward or township police offices shall:

a/ Regularly update information on security and order of business establishments subject io security and order conditions operating in their localities:

b/ Receive stay notices; verify information in resumes of heads of enterprises, branches or representative offices or at-law representatives of business establishments subject to security and order conditions who are residing in their localities in order to assist chairpersons of People's Committees of their communes, wards or townships in certifying these resumes:

c/ Handle security and order-related violations committed by business establishments according to their competence.

Chapter III

INSPECTION, AND HANDLING OF VIOLATIONS

Article 8. Inspection of observance of security and order regulations and conditions

1. Inspection contents:

In the course of management, competent police offices shall inspect the observance of security and order regulations and conditions b\ conditional business establishments, including the following jobs:

a/ Checking valid papers for conducting business lines and trades subject to security and order conditions; comparing business operations staled in licenses or certificates granted by competent stale agencies to business establishments against operations currently conducted by establishments;

b/ Inspecting the satisfaction of security and order conditions specified in Decree No. 72/ 2009/ND-CP and this Circular by each specific business line or trade;

c/ Inspecting people and vehicles in places of business of business establishments upon detecting signs of violation;

d/ Making minutes of inspection, clearly stating inspection results and bearing signatures of heads or representatives of establishments and violators (if any).

2. Time of periodical inspection

Periodical inspection of observance of regulations on security and order shall be conducted in the fourth quarter every year.

3. Inspection competence

a/ Only police offices that have granted certificates of satisfaction of security and order conditions to business establishments may periodically inspect the observance of security and order regulations and conditions by business establishments under Decree No. 72/2009/ND-CP and this Circular;

b/ Professional units of police offices at all levels may inspect business establishments in their localities upon detecting signs of violation or in a complicated security and order situation and shall notify in writing inspection results and handling measures to police offices that have granted certificates;

c/ When requested to serve the performance of political tasks or to enhance security and order protection requiring an extraordinary inspection, police offices at all levels shall, within the ambit of their assigned functions and tasks, obtain approval of their heads or instructions of higher-level police offices;

d/ Higher-level police offices are competent to inspect the observance of security and order regulations and conditions by business establishments under the management of lower-level police offices.

Article 9. Handling of violations

1. All detected violations of security and order regulations specified in Decree No. 72/2009/ND-CP Decree No. 107/2009/ND-CP Decree No. 109/2009/ND-CP and this Circular shall be strictly handled under regulations.

2. Heads of police offices that have granted certificates of satisfaction of security and order conditions or heads of higher-level police offices may revoke these certificates under law.

Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 10. Effect

1. This Circular takes effect on November 20, 2010, and replaces the Ministry of Public Security's Circular No. 02/2001/TT-BCA of May 4, 2001, guiding Decree No. 08/2001/ND-CP of February 22, 2001, providing for security and order conditions for a number of conditional business lines and trades.

2. Organizations and individuals possessing certificates of satisfaction of security and order conditions granted or having made written commitments on observance of security and order regulations and conditions under Decree No. 08/2001/ND-CP of February 22. 2001, providing for security and order conditions for a number of conditional business lines and trades, may continue their operations, but within 12 months from the effective date of Decree No. 72/2009/ND-CP business establishments subject to security and order conditions shall strictly comply with Decree No. 72/2009/ND-CP and this Circular.

3. Promulgated together with this Circular arc forms for use in the management of business lines and trades subject to security and order conditions (not printed herein).

Article 11. Implementation responsibility

1. Ministries, ministerial-level agencies and provincial-level People's Committees shall. within the ambit of their functions and tasks, organize the implementation and coordinate with the Ministry of Public Security in directing the management and inspection of operations of organizations and individuals engaged in business lines and trades subject to security and order conditions and managed by their ministries, agencies or localities.

2. The director of the Police General Department for Administrative Management of Social Order and Safety shall organize the implementation and direct the Social Order Administrative Management Police Department in guiding and inspecting the implementation of this Circular.

3. General directors of General Departments and heads of units of the Ministry of Public Security, directors of provincial-level Police Departments and directors of provincial-level Fire Prevention and Fighting, Rescue and Salvage Police Departments shall implement this Circular; and send to the Ministry of Public Security (through Police General Department for Administrative Management of Social Order and Safety) quarterly reports on results of the management of business lines and trades subject to security and order conditions according to a set form.

4. Any problems arising in the course of implementation of this Circular should be reported by police offices and localities at all levels and concerned agencies and organizations to the Ministry of Public Security (through the Police General Department for Administrative Management of Social Order and Safety) for timely guidance.-

 

 

MINISTER OF PUBLIC SECURITY GENERAL




Le Hong Anh

 

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Thuộc tính Văn bản pháp luật 33/2010/TT-BCA

Loại văn bảnThông tư
Số hiệu33/2010/TT-BCA
Cơ quan ban hành
Người ký
Ngày ban hành05/10/2010
Ngày hiệu lực20/11/2010
Ngày công báo...
Số công báo
Lĩnh vựcDoanh nghiệp
Tình trạng hiệu lựcHết hiệu lực 06/12/2017
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Lược đồ Circular No. 33/2010/TT-BCA specifying security and order conditions


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        Circular No. 33/2010/TT-BCA specifying security and order conditions
        Loại văn bảnThông tư
        Số hiệu33/2010/TT-BCA
        Cơ quan ban hànhBộ Công An
        Người kýLê Hồng Anh
        Ngày ban hành05/10/2010
        Ngày hiệu lực20/11/2010
        Ngày công báo...
        Số công báo
        Lĩnh vựcDoanh nghiệp
        Tình trạng hiệu lựcHết hiệu lực 06/12/2017
        Cập nhậtnăm ngoái

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            Văn bản gốc Circular No. 33/2010/TT-BCA specifying security and order conditions

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