Thông tư 45/2009/TT-BCA(C11)

CIRCULAR

GUIDING THE IMPLEMENTATION OF SOME ARTICLES OF DECREE NO. 52/2008/ND-CP DATED 22/4/2008 ON MANAGEMENT OF SECURITY SERVICE BUSINESS

Pursuant to the Decree No. 52/2008/ND-CP dated 22/4/2008 of the Government on management of security service business;

Pursuant to Decree No. 136/2003/ND-CP dated 14/11/2003 of the Government defining the functions, duties, power and organizational structure of the Ministry of Public Security;

The Ministry of Public Security guides the implementation of some articles of Decree No. 22/4/2008 of the Government on management of security service business (hereafter referred to as Decree No. 52/2008/ND-CP) as follows:

I. SCOPE OF SECURITY SERVICE BUSINESS

1. The scope of security service business permitted to do in accordance with the provisions in Decree No. 52/2008/ND-CP and guidelines in this Circular includes:

1. Scope of security service business permitted to do.

a) The people protection services includes the activities protecting the safety of life and health of the protected persons;

b) The protection services of assets, goods, houses, business production establishments, head offices of bodies and organizations including the safety protection activities of assets, goods (including asset and goods delivery), houses, business production establishments, head offices of bodies and organizations under agreements in contract;

c) The order and security protection services of sports, entertainment and festivals activities including the safety protection, maintenance of security and order for such activities under agreements in contract;

2. The establishment and registration of business and all security service activities must be done in accordance with the provisions of Decree No. 52/2008/ND-CP and guidelines in this Circular and other laws.

II. CONDITIONS FOR ESTABLISHMENT AND REGISTRATION OF SECURITY SERVICE BUSINESS

1. For domestic organizations and individuals, the provisions in Clause 1 and 2, Article 9 of Decree No. 52/2008/ND-CP must be complied;

2. In case of association with foreign security service enterprises, the provisions in Clause 5, Article 3 and Clause 3, Article 9 of Decree No. 52/2008/ND-CP the provisions of Investment Law 2005 and the guiding documents must be complied; at the same time, the dossier for establishment and registration of security service business must have the following papers and documents:

a) Certification of technology and science management body from provincial level or higher level certifying that the foreign equipment used for association with domestic enterprises is the one with high tech requirements Vietnam has not yet manufactured.

b) Documents evidencing such foreign enterprises are the ones which are specialized in security service business and do not carry out any other activities;

c) Documents evidencing such foreign enterprises have their capital and total asset value from USD 500,000 or more and have the continuous business activities from five years or more as of the date of association registration with domestic enterprises.

3. For the security service enterprises which have operated before the effective date of this Circular and the heads of enterprises, branches, representative offices and the persons of the member Board, executive Board, General Director, Deputy General Director, Director, Deputy Director and founders of security service business enterprises not qualified as stipulated under Point b, Clause 1, Article 11 of Decree No. 52/2008/ND-CP within 03 years from the effective date of this Circular, must comply with the provisions in Decree No. 52/2008/ND-CP and the guidelines in this Circular.

III. DOSSIER,  PROCEDURES, TIME LIMIT AND AUTHORITY TO ISSUE CERTIFICATE OF ELIGIBILITY FOR SECURITY AND ORDER

1. Dossier and procedures to request the issue of Certificate of eligibility for security and order

a) For enterprises:

- Present the original and submit the enterprises’ photocopied Certificate of business registration or investment Certificate and logo.

- Curriculum vitae (with photo and certification of communal People’s Committee of the residence) stating that they have had previous conviction and previous offence or not or been applied by other administrative sanctioning measures as stipulated by the Ordinance on sanction of administrative violation or are under prosecution, investigation, prosecution and criminal adjudication, are serving the execution of non-custodial reform, ban on residence, probation, suspended sentence or are banned from practice of security service business; notarized and certified copy of documents: college or university degree; decision on retirement, demobilization or resignation (if any) and the criminal record of the enterprise leadership and management specified in Clause 1, Article 11 of Decree No. 52/2008/ND-CP.

- The person sent by enterprise for contact must present the valid identity card or passport; in case of foreigner, present the valid passport or valuable paper for substitute of passport and submit the photocopied temporary residence card or permanent resident card.

b) For branch and representative office:

- Curriculum vitae (with photo and certification of communal People’s Committee of the residence) stating that they have had previous conviction and previous offence or not or been applied by other administrative sanctioning measures as stipulated by the Ordinance on sanction of administrative violation or are under prosecution, investigation, prosecution and criminal adjudication, are serving the execution of non-custodial reform, ban on residence, probation, suspended sentence or are banned from practice of security service business of the head of branch and representative office.

- Present the original, submit the photocopied Certificate of operation registration, Certificate of eligibility for security and order and official recommendation letter of enterprise.

- The person sent by the enterprise for contact must present his/her valid identity card or passport.

2. Authority to issue Certificate of eligibility for security and order

a) The Police Department on administrative management of social order shall receive and deal with the issue of Certificate of eligibility for security and order to the enterprises with foreign investment capital and the enterprises permitted to provide the training of security guard as stipulated under Point b, Clause 2, section VII of this Circular and the branches and offices directly under such enterprises;

b) The Police Division on administrative management of social order of Police of provinces and centrally-run cities shall receive dossiers and handle the issue of Certificate of eligibility for security and order to the enterprises doing the security service business and the branches and offices directly under such enterprises at localities (except for the enterprises under the management authority of the Police Department on administrative management of social order).

3. The time limit for the issue of Certificate of eligibility for security and order

Within 07 working days after receipt of valid dossier, the police body receiving the dossier shall review it and handle the issue of Certificate of eligibility for security and order to the enterprise (under the form BV1 issued with this Circular) or reply in writing to the enterprise stating the reasons in case of ineligibility for the issue of Certificate;

4. The fees for the issue of Certificate of eligibility for security and order shall comply with the provisions of the Ministry of Finance.

IV. RESPONSIBILITY OF SECURITY SERVICE ENTERPRISES

1. Implement, guide, urge and inspect the security guards in compliance with the provisions of Decree No. 52/2008/ND-CP and guidelines in this Circular and other relevant laws during the time to do the security service business.

2. Implement the monthly reporting regulation (under the form BV2 issued with this Circular) to the Police body issuing the Certificate within 05 days, from the end date of month; for enterprises associated with foreign enterprises and the enterprises permitted to provide the training of security guards, make report to the Police Division on administrative management of social order where the enterprise’s head office is located. In case of sudden occurrence of incidents related to the security and order, notify the nearest Police body for timely settlement.

3. Within 10 days before coming into operation, the enterprises, branches and representative offices must give a written notice to the Police Division on administrative management of social order of Police of provinces and centrally-run cities, Police of communes, wards and towns where the head office of enterprises, branches and representative offices is located.

One day prior to the official implementation of the contract of security or rotation of security guards, the enterprises, branches and representative offices must give a written notice (enclosed with the list of employees working at the protection targets) to the Police Division on administrative management of social order and the Police of communes, wards and towns where there are the protection targets.

Each protection target must have a person in charge to report and coordinate with the police body where there are the protection targets.

4. Abide by the decision of Director of Police of provinces and centrally-run cities on mobilizing the security guards to strengthen the security and order assurance in case of necessity as prescribed by law.

V. EQUIPMENT, MANAGEMENT AND USE OF ASSISTIVE TOOLS

1. Types of equipped assistive tools and procedures and authority to issue the Permit for purchase of assistive tools.

The security service enterprises are equipped with the types of assistive tools such as: rubber stick, iron stick, rubber rod and electric rod. Based on the number of security guard and practical needs, the enterprises shall submit document to the Police body issuing the Certificate of eligibility for security and order to request the issue of Permit for purchase of assistive tools stating the number, type of assistive tool need to be equipped. The person sent by enterprise for contact must have letter of introduction and present his/her identity card.

2. Management and use of assistive tool

a) After purchasing the assistive tools, the enterprise must request the Police body issuing the Permit for purchase of assistive tools to issue the Permit for use of assistive tools; submit the copy of Permit for purchase of assistive tools and present the original, submit the copy of invoice of purchase of assistive tools.

b) The assistive tools must be centrally managed at the enterprise and equipped for the security guards upon their duty. After finishing duties, they must hand over the assistive tools to the management division of enterprise.

Stritctly prohibit the equipment and use of assistive tools for purposes other than the duties of security specified in contract assigned by enterprise Director;

c) The security service enterprises must closely manage the assistive tools and must take responsibility before law for the equipment, management and use of assistive tools of their enterprises.

In case of serious violation of requlations on management and use of assistive tools or the security guards of the enterprise use the assistive tools to perform the acts of infringing upon the life, health and properties of others, in addition to be handled under regulations of law, depending on the seriousness of violation, the security service enterprise shall be revoked its Permit for use of assistive tools for 3, 6 months or with indefinite time. The revocation of Permit shall be decided by the Police body issuing such Permit or the superior Police body.

VI. UNIFORM, NAMEPLATE AND SECURITY GUARD CERTIFICATE

1. Uniform and shoulder strap

a) Spring summer uniform: European style black green trousers with 02 pleats in the front part, diagonal pocket; the back part has a slit pocket with flap. Blue short or long-sleeved shirt, folded collar, the front part has two patch pockers with a trim in the middle of pocket; 2 flaps have edges in the middle, the back part has yoke across shoulders, the left sleeve has a shield-shape logo 5-6cm from the edge of should-strap; the left front chest has a round logo 2-3cm from the pocket mouth.

b) Autum winter uniform: Trousers are the same as spring summer ones; long sleeved vest style overcoat the same color as trousers, the front part has 04 patch pockets, the left front chest has a round logo 2-3cm from the pocket mouth, the left sleeve has a shield-shape logo 5-6cm from the edge of should-strap, the buttons are plastice and in black color; a long-sleeved shirt inside as summer one, upright collar with black green tie.

c) Hard shoulder-straps the same color as trousers with yellow felt bar, 02 edges along shoulder strap have red trim, the small head of shoulder strap has silvery white metal button (with a pentagram and 02 crossed ears of rice embracing the pentagram). The size of shoulder strap and bar is regulated as follows:

- The length of shoulder strap = 125mm; the width: the big head = 50mm, pointed head = 40mm.

- The width of bar = 7mm, this bar is 2.5mm from the other bar. The shoulder strap of security guard: 1 bar; commander at team level: 2 bars; commander at departmental level: 3 bars; Vice Chairman of the Board, Deputy Director: 4 bars; Chairman of the Board, Director: 5 bars;

d) The uniforms of security guards of security service enterprises being used before the issue of this Circular but not consistent with the provisions of this Circular are continued to be used but within 02 years for spring summer uniform and 03 years for autumn winter from the effective date of this Circular, they must comply with the provisions of this Circular.

2. Shoes, hat, nameplate, security guard Certificate

a Black leather shoes with short boot and lace;

b) Cap the same color as trouser with star surrounded by 02 white metal laurel branches all in one piece 54mm high, 64mm wide. The round star is made of metal 36mm in diameter with a yellow pentagram in the middle on the red background, adjoining the red background is the deep blue with 02 surrounding yellow ears of rice. Below the star there is a half rim with the word “SECURITY”. The outer ring of the star is in yellow color.

c) The nameplate of security guard is 9cm x 6cm in size, light blue background with pattern. The top line is the name of enterprise (in capital letter in brick red color), below is the full name of security guard (in capital letter in black color) and the photo of nameplate holder; the last line is the nameplate number;

d) The security guard certificate is 9cm x 6cm in size, the front side has blue background wth patterns, with capital letter in brick red color, above is the name of enterprise, in the middle is the words “SECURITY GUARD CERTIFICATE”, below is certificate number and its validity duration. The back side has the color of half-baked brick, above is the words “DIRECTOR OF… COMPANY”, the next line is the word “CERTIFIES” (letters in bright red color). The below lines of words are in black color specifying the full name of security guard, date of birth, place of permanent residence registration and the next line of word is “Is the security guard of the Company”; the last line is the date of issue and signature and seal of company Director; on the left is the photo of Certificate holder.

VII. TRAINING AND ISSUE OF SECURITY PROFESSIONAL CERTIFICATE

1. Annually, upon the need of training of security guard, the enterprise must contact the Police body or organization permitted to provide the training of security guard to plan the training to ensure the compliance with regulations of law.

2. Bodies, units and organization permitted to provide the training of security guard:

a) People’s police schools, Police profession re-training and training Center;

b) The security service enterprises which have met the conditions specified in Decree No. 139/2006/ND-CP dated 20/11/2006 detailing and guiding the implementation of some articles of the Law on Education and the Law on Vocational Training and completed the vocational training registration procedures under the Decision No. 72/2008/QD-BLDTBXH dated 16/4/2008 of the Minister of Labor, Invalids and Social Affairs on registration of vocational training activities.

Before opening the training course, the enterprises permitted to provide the training must send document to the Police Department on administrative management of social order stating the starting and ending time of training course (enclosed with the list of learners) to request the examination and issue of security professional Certificate to the people trained by such enterprises; for the Police profession re-training and training Center, report to the Director of Police at the same level.

3. Content, program and time of training

a) The bodies, units and organizations permitted to provide the training of security guard must develop the content and program of training to ensure the compliance with laws and practical needs of security service activities in which there must be the contents and basic knowledge about politics, law, ethics, professional manner; security skills and techniques; regulations on management, use and skills of using the assistive tools, basic knowledge and skills about fire prevention and fighting and rescue of people in despair.

The textbook and content of training program must be sent to the General Department of Police (through the Police Department on administrative management of social order) before putting into use for monitoring and management. Where the General Department of Police requests the modification or addition of contents, follow its requirements.

b) The staff of security service must ensure the time of at least 30 days for each training course.

4. Examination Board

a) For the People’s Police school: The Head of school shall decide the establishment of examination Board whose Chairman is the school leader and other members including the representative of functional units of school and representative of the Police Department on administrative management of social order;

b) For the Police profession re-training and training Center of the Police of provinces and centrally-run cities: Director of Police of provinces and centrally-run cities shall decide the establishment of examination Board with its composition: Leader of Police profession re-training and training Center as Chairman of the Board and other members including the representative of Police Division on administrative management of social order, Division of Legal Affairs or Office of Police of provinces and centrally-run cities;

c) In case the security service enterprises provide the training by themselves: Director of Police Department on administrative management of social order shall decide the establishment of the examination Board whose Chairman is the leader of the Police Department on administrative management of social order and other members including the representative of Department of Legal Affairs and representative of training enterprise.

5. Authority to issue the security professional Certificate

a) The Head of the People’s Police schools and the Police profession re-training and training Centers shall sign and issue the security professional Certificate to the persons provided with the training.

b) The Director of Police Department on administrative management of social order shall sign and issue the security professional Certificate to the persons provided with the training and examined by the Department.

6. The expenses for training shall be born by the enterprise having the needs of security.

7. The security professional Certificate issued by the competent Police body is valid for use nationwide.

8. The security professional Certificate issued by the competent unit before the issue date of this Circular is still valid for use but within 12 months after the effective date of this Circular, the enterprises must make a list and revoke such Certificates and send them to the Police Division on administrative management of social order of the provincial Police where the Certificate of eligibility for security and order to the enterprise or the place where the enterprise’s head office is located for change under the prescribed form.

VIII. VIOLATION HANDLING

Any act of violation of provisions of Decree No. 52/2008/ND-CP and of this Circular and other laws related to the organizations and security service activities, in addition to being handled under the regulations of law, the security service enterprise whose Certificate of business registration and Certificate of eligibility for security and order shall also be revoked as follows:

1. To be revoked Certificate of business registration in one of the following cases:

a) Violate the provisions specified in Clause 2, Article 165 of the Enterprise Law 2005;

b) Violate the provisions specified in Article 4, in Clause 1 and 2 of Article 22 of Decree No. 52/2008/ND-CP.

2. To be revoked Certificate of eligibility for security and order in one of the following cases:

a) The enterprise whose Certificate of business registration has been revoked;

b) Violate the provisions in Article 4; in Clause 1 and 2, Article 22 of Decree No. 52/2008/ND-CP.

c) Borrow the name of other person to establish the security service enterprise or establish the security service enterprise under the business management by another person.

d) Conduct the military activities, investigation and private detection activities in any form.

dd) Use the security guards of the enterprise to do or through other persons the infringement acts to the life, health, honor, dignity, personal freedom right and other legitimate rights and interests of organizations or individuals;

e) Use the security guards of the enterprise to use force or threaten to use force in order to hinder or cause difficulty to the normal activities of organizations or individuals;

g) Fail to make periodcal report on reality of security and order to the Police body as stipulated in 12 consecutive months.

h) Fail to regularly maintain the legal capital during the enterprise’s operation.

3. Authority and duration of revocation of Certificate of eligibility for security and order

a) Revocation authority: The Head of Police body issuing the Certificate of eligibility for security and order or the Head of superior Police body shall decide the revocation.

b) Duration of revocation:

- From 3 to 6 months in case of first or less serious violation.

- Indefinite revocation in case of repeated violation or violation of many acts at the same time as stipulated in Clause 2, section VIII of this Circular.

IX. EFFECT AND IMPLEMENTATION ORGANIZATION

1. This Circular takes effect from 28/8/2009 and supersedes the Circular No. 07/2001/TT-BCA(V19) dated 18/9/2001 of the Ministry of Public Security guiding the implementation of Decree No. 14/2001/ND-CP dated 25/4/2001 on management of security service business.

2. The General Director of General Department of Police is responsible for directing, guiding, inspecting and urging the implementation of this Circular.

3. Director of Police of provinces and centrally-run cities must direct the Police Division on administrative management of social order and Police of districts, towns and provincial cities and relevant police units in implementation of this Circular.

4. In every quarter, the Police of provinces and centrally-run cities must report to the Ministry (through the General Department of Police on the implementation of Decree No. 52/2008/ND-CP and this Circular under the prescribed form.

5. The General Director of General Department and Heads of units didrectly under the Minister, Director of Police of provinces and centrally-run cities, Police Department of Fire Prevention and Fighting of HCM City according to their functions and duties, are liable to execute this Circular.

Any problem arising during the implementation should be promptly reported to the Ministry of Public Security (through General Department of Police) for timely guidelines.

ANNEX I

(Issued with Circular No. 45/2009/TT-BCA dated 14/7/2009)

1. Certificate of eligibility for security and order for security service business

This Form is used for the Police body having the authority to issue this Certificate to the security service enterprises, A4 paper size, weight of 01gr/100 sheets.

- (1): name of direct superior Police body;

- (2): name of Police body issuing the Certificate;

- (3): full name of enterprise or Branch or representative Office of the enterprise;

- (1, 2 and 3) mentioned above are written in capital letter;

- This Certificate is issued to the enterprises operating in security services without definite time. When going bankrupt, the enterprise must return this Certificate to the issuing Police body.

2. Report on reality and result of security service business (Symbol BV2)

This Form is used for the security service enterprises to make their monthly report on the reality and result to the Police body issuing the Certificate of eligibility for security and order; A4 paper size.

3. Report on reality and result of security service business management (Symbol BV3)

This Form is used for the competent units of Police of provinces and cities to summarize the reality and result after the security service enterprises have made their reports; A3 paper size.

4. Record of inspection on security and order for security service business (Symbol BV4)

This Form is used for the Police body upon inspection of security and order towards the security service enterprises; A4 paper size.

FORM BV1

(Issued with Circular No. 45/2009/BCA(C11) dated 14/7/2009)

FORM BV2

(Issued with Circular No. 45/2009/BCA(C11) dated 14/7/2009)

To: ...........................................................................

1. Reality

- Total branches: ..................................................................................................................

 (Within province, city:…………., outside province, city:………………)

- Total representative office: .................................................................................................

(Within province, city:…………., outside province, city:………………)

- Security fields:....................................................................................................................

+ Human protection services:.................................................................................................

+ Protection services of properties, goods, houses, business and production establishments, head offices of bodies and organizations:.......................................................................................................................

+ Security and order protection services for sports, entertainment, festivals:............................

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- Protection targets:...............................................................................................................

(Within province, city:…………., outside province, city:………………)

- Being equipped with assistive tools:………(rod, rubber stick:……………; electric rod:……; iron stick: ………..; other types: ………………….).

2. Personnel

- Executive Board: ………(Foreigner:……..); increase:…………decrease:……..

- Board of Directors: ………(Foreigner:……..); increase:…………decrease:……..

- Employees: ………. (increase:…………decrease:……..) in which: security guards: ……., employees issued with training Certificate:………).

3. Change of head, location of head office, branch, representative office and change of charter capital of security service enterprise

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4. Cases related to security and order

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5. Enterprise’s opinions and recommendations

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FORM BV4

(Issued with Circular No. 45/2009/BCA(C11) dated 14/7/2009)

RECORD OF INSPECTION OF SECURITY AND ORDER TOWARDS SECURITY SERVICE BUSINESS

- Pursuant to Decree No. 52/2008/ND-CP dated 22/4/2008 of the Government on management of security service business;

- Pursuant to the Circular No. 45/2009/TT-BCA(C11) dated 14/7/2009 of the Ministry of Public Security guiding the implementation of Decree No. 52/2008/ND-CP.

At…………o'clock on date…………………

We consist of:

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Conducted our inspection: ..................................................................................................

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At:........................................................................................................................................

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Enterprise’s representative:

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- ..........................................................................................................................................

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I. Inspection result

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II. Detection and handling of violation

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III. Enterprise’s opinions and recommendations

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IV. Opinions of inspection team

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The record is made on date……..and read to the persons present to confirm its accuracy.

This record is made into 02 copies and delivered one copy to the enterprise./.

ANNEX 2

(Issued with Circular No. 45/2009/BCA(C11) dated 14/7/2009)

1. Sample of uniform of security guard

a. Sample of spring and summer uniform

b. Sample of autumn and winter uniform

SAMPLE OF SHOULDER STRAP