BUSINESS CONDITIONS FOR SECURITY SERVICE PROVIDER
1. General security and order conditions
- A business establishment must be registered, licensed or established under the law of Vietnam.
- The person in charge of security and order of a business establishment must not be one of the following subjects:
+ A person has been criminally prosecuted and being under the investigation, prosecution or adjudication by a Vietnamese or foreign procedural body.
+ A person has a criminal record on infringing upon the national security or deliberate commission of a crime liable to a prison term of 03 years or more which has not yet been expunged; or is suspended from serving a prison sentence; or is serving a non-custodial rehabilitation; or is under the mandatory supervision, or the prohibition from residence or holding certain position or running a business sector subject to security and order conditions upon the court’s decision.
+ A person is liable to the compulsory educational measures at the community; is waiting for a decision on imposition of an administrative penalty granted; is addicted to drug; is suspended from the compliance with a decision on serving a sentence in correctional institution or rehabilitation center; or has faced an administrative penalty but the period for being considered as not yet facing an administrative penalty is not satisfactory as regulated;
+ Vietnamese people who hold foreign passport and reside abroad, and foreigners, who is not permitted by a competent authority of Vietnam to stay in Vietnam.
- Conditions on fire prevention and fighting have been satisfied as referred to by the law on fire prevention and fighting.
2. Security and order conditions for providing security service
A security service provider must satisfy the following conditions:
- It must be an enterprise.
- The person in charge of security and order of the security service provider must possess a three-year associate degree or higher, and within 24 immediately preceding months, did not hold the same position at another security service provider that has Certificate of satisfaction of security and order conditions revoked for indefinite period.
- A Vietnamese security service provider sets up a joint venture with a foreign security service provider:
The Vietnamese security service provider is only allowed to set up a joint venture with a foreign security service provider in case where it requires the investment in machinery and/or technical facilities provided that the foreign security service provider shall only contribute capital to purchase machinery and/or technical facilities to serve security works.
- A foreign security service provider contributes capital to a Vietnamese security service provider:
+ It must be an enterprise that has been providing security service for at least 05 consecutive years;
+ The representative of the capital contributed by the foreign security service provider has never faced any administrative penalty from warnings or higher level for violations against regulations on security service by a competent law enforcement agency in a foreign country where security service is provided;
+ The capital amount contributed by foreign security service provider is only spent on purchase of machinery and/or technical equipment to serve security works. The minimum capital contributed by the foreign security service provider is USD 1,000,000 (one million US dollars). The valuation of machinery/technical equipment shall be conducted by the competent valuation authority at district level or higher, and the security service provider must pay valuation fees.
3. Conditions for organization of security guard training courses
- Classrooms and training places must be available for trainee security guards;
- That security service provider must have at least 03 years of experience in security service sector. The security guard training board must be established;
- It must have at least 300 security guards or above;
- Teachers of security guard training classes must be available or contracted. Such teachers must have appropriate qualifications and possess three-year associate degrees or higher (except for kung fu);
- It must have security guard training program and curriculum. The training curriculum includes basic contents about politics, law, professional skills of a security guard, communication skills, fire prevention and fighting, first aid skills, management and use of combat gears, basic kung fu movements for self-defense and controlling attackers, and other contents according to actual requirements by protected subjects. The minimum duration of a security guard training course is 30 days.
4. Responsibilities of security service providers
- Select and use security guards who meet the following standards:
+ Have full capability of civil acts; have no criminal record on murder or deliberate infliction of injuries or offences against rights of property;
+ Have clear curriculum vitae which must be certified by people’s committee of commune/ward/district-level town where his/her permanent residence is registered;
+ Have health certificate granted by medical center or hospital at district level or higher to certify he/she is fit for working;
+ Possess a graduation diploma of secondary school or higher;
+ A foreigner or Vietnamese person who resides abroad shall not appointed as the person in charge of security and order or directly managing business activities or as a security guard of the security service provider.
- Use security guards who have been trained and obtained security guard certificates.
- Enter into labour contracts with security guards as referred to by law regulations.
- Organize security guard training courses after the competent police authority gives a written approval for its security guard training curriculum/program.
- Grant signs and uniforms (with logo registered at the competent police authority) to its security guards.
- Enter in economic contracts before providing security services.
- Not provide security service to persons or subjects or activities in violation of the law.
- Within 05 days from the date on which a security service is provided to protect a subject at a central-affiliated city or province outside the scope of its head office, the security service provider must send a written notice, enclosed with the legitimate copy of the Certificate of sastisfaction of security and order conditions, the list of security guards, and the list of number and types of combat gears (if any) at the protected subject, to the police authority of commune/ward/district-level town where the security service is provided.
- Within 20 days from the date on which business activities are commenced, the security service provider with foreign investment must send the list of machinery and technical facilities invested by foreign party, enclosed with records of valuation of such machinery and technical facilities made by the valuation authority at provincial level or higher, to the competent police authority.
See in vietnamese: Điều kiện kinh doanh dịch vụ bảo vệ
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