11:09 | 07/03/2024

Is the person in charge of security and order of a pawnshop required to be a permanent resident in the area where the business is registered in Vietnam?

Is the person in charge of security and order of a pawnshop required to be a permanent resident in the area where the business is registered in Vietnam? Is the pawnshop responsible for checking personal identification papers of the person who pawns his/her property at the pawnshop in Vietnam?

I am a permanent resident in Hanoi, my sister owns a pawnshop in the South and wants to hire me to be a person in charge of security and order for the shop, do I have the qualifications to do so? Please advise.

Is the person in charge of security and order of a pawnshop required to be a permanent resident in the area where the business is registered in Vietnam?

Based on Article 9 of Decree 96/2016/ND-CP on security and order conditions for pawnshop service as follows:

Apart from conditions mentioned in Article 7 of this Decree, a business establishment that provides pawnshop service must satisfy the following conditions:

The person in charge of security and order of a business establishment providing pawnshop service must have at least 05 years of registered permanent residence at the commune/ward/commune-level town where the business location is registered, and within 05 years preceding the business registration date, has not faced any administrative penalty for any of the following violations: resistance of law enforcement officers, disturbance of public order, deliberate infliction of injuries, usury, gambling, organization of gambling or gambling-dens, theft, obtaining property by fraud, or illegal impoundment of property.

Therefore, the person in charge of security and order at the pawnshop must be a person with a permanent residence registration for at least 05 years in the commune, ward, town where the pawnshop is located. Therefore, you do not meet the requirements to be the person in charge of security and order as stipulated.

Is the person in charge of security and order of a pawnshop required to be a permanent resident in the area where the business is registered in Vietnam? (Image from the Internet)

Is the pawnshop responsible for checking personal identification papers of the person who pawns his/her property at the pawnshop in Vietnam?

According to Article 29 of Decree 96/2016/ND-CP on the responsibilities of pawnshop service providers as follows:

Apart from responsibilities in Article 25 of this Decree, a pawnshop service provider must:

1. Check personal identification papers of the person who pawns his/her property at the pawnshop, consisting of: ID card or citizen identity card or passport or other personal identification paper with photo which is issued by competent authority and still valid, and retain a copy thereof at the pawnshop.

2. Make contract for pledge of property as referred to by law regulations.

3. With regard pledged property which requires ownership certificate as referred to by law, the pawnshop service provider shall only accept that property if it has legitimate ownership certificate and the original thereof shall be retained at the pawnshop during the period that property is pledged.

4. If the pledged property is under the ownership of a third party, the legal letter of authorization made by the owner of that property is required.

5. The property with unclear origin or obtained from illegal acts shall not be accepted for pawn.

6. The interest rate of loans provided when receiving pledged property shall not exceed the interest rate regulated in the Civil Code.

7. Have qualified warehouse for storing pledged property.

Therefore, the pawnshop is responsible for checking personal identification papers of the person who pawns his/her property at the pawnshop as stipulated above.

Best regards!

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