Will Commune Police be Issued Security and Order Certificates? When Will the New Implementation Start?
Will the Commune Police be granted a Certificate of Security and Order, correct?
On July 24, 2023, the Government of Vietnam issued Decree 56/2023/ND-CP amending and supplementing several articles of Decree 96/2016/ND-CP stipulating the conditions on security and order for certain business investment sectors.
Previously, Article 24 of Decree 96/2016/ND-CP stipulated the issuance of Certificates of Eligibility for Security and Order and the management of business facilities under the jurisdiction of the district-level police, the Police Department for Administrative Management of Social Order of the provincial and municipal police, and the Department of Administrative Management of Social Order of the Ministry of Public Security.
However, Clause 7, Article 1 of Decree 56/2023/ND-CP supplemented Clause 4 of Article 24 of Decree 96/2016/ND-CP as follows:
Authority to issue Certificates of Eligibility for Security and Order, Professional Protection Certificates, and approval of security service training programs and curricula
…
- The commune-level police are responsible for issuing Certificates of Eligibility for Security and Order and managing business facilities, including:
Business lodging services with less than 10 rooms, and business gas stores as household businesses.
The commune police will be granted Certificates of Security and Order and will manage business facilities starting from August 15, 2023.
Including:
- Business lodging services with less than 10 rooms;- Business gas stores as household businesses.
Will the commune police be granted Certificates of Security and Order, correct? When does the new regulation start applying?
What is the validity period of the Certificate of Security and Order?
Pursuant to the provisions of Article 15 of Decree 96/2016/ND-CP as follows:
Validity period of the Certificate of Eligibility for Security and Order
Certificates of Eligibility for Security and Order do not specify a validity period, except in cases specified in Clause 2 of this Article.
Certificates of Eligibility for Security and Order must specify the validity period in the following cases:
a) Business facilities operating for a fixed term under the provisions of law, or documents specified in Clause 2, Article 19 of this Decree, or licenses issued by specialized state management agencies allow the business to operate for a fixed term; the validity of the Certificates of Eligibility for Security and Order should not exceed the term specified in these documents;
b) Business sectors using industrial explosives to construct projects, explore or exploit minerals and petroleum, the validity of the Certificates of Eligibility for Security and Order should align with the period specified in the construction documents or exploration and exploitation permits for minerals or petroleum.
In cases where the documents and licenses specified in Clause 2 of this Article have an operating term of 10 years or more, the Certificates of Eligibility for Security and Order will not specify a validity period.
Business facilities are responsible for providing documents and licenses specifying the operating term to the competent police authorities.
The validity period of the Certificate of Security and Order is determined according to the provisions mentioned above.
To be specific, the Certificate of Security and Order will not specify a validity period, except in special cases mentioned in Clause 2 above.
When does the regulation that Commune Police can issue Certificates of Security and Order come into effect?
Pursuant to the provisions of Article 4 of Decree 56/2023/ND-CP as follows:
Effectiveness and transitional provisions
This Decree takes effect from August 15, 2023.
Certificates of Eligibility for Security and Order and Professional Protection Certificates issued before the effective date of this Decree remain valid; in cases of re-issuance or renewal after the effective date of this Decree, the provisions of this Decree apply.
For new applications, renewals, or reissuance of Certificates of Eligibility for Security and Order received and under consideration according to the provisions of Decree 96/2016/ND-CP, the applications for new issuance, renewal, or reissuance shall follow Decree 96/2016/ND-CP, and the Certificate of Eligibility for Security and Order shall be issued according to the form stipulated in this Decree.
For applications for re-registration of seal models, applications for additional seal registration, applications for renewal, or reissuance of Seal Registration Certificates received and under consideration according to the provisions of Decree 99/2016/ND-CP, they shall follow Decree 99/2016/ND-CP.
For applications for permits to export, import, and transport fireworks, explosive firework chemicals, and explosive firework devices; applications for permits to export, import, buy, and transport fireworks and firework chemicals; and applications for technical training on the safety of producing, managing, storing, and using fireworks and explosive fireworks received and under consideration according to the provisions of Decree 137/2020/ND-CP, the applications shall follow Decree 137/2020/ND-CP, and the permit forms shall be issued according to the forms stipulated in this Decree.
Decree 56/2023/ND-CP takes effect from August 15, 2023.
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