The requirement that the head of a pawnshop must have a permanent residence of 05 years to be allowed to operate from August 15, 2023 has been abolished in Vietnam

How to ensure security and order for pawnshops in Vietnam?

According to Clause 2, Article 8 of Decree 96/2016/NĐ-CP, the security and order plan of a pawnshop business must include the following basic contents:

- Identification of specific areas, localities, and targets that need to be strengthened to ensure security and order;
Implementation measures;

- Regularly serving forces;

- Service facilities;

- Organizational and leadership measures;

- Measures to coordinate with the local government and relevant agencies in the locality where the business operates;

- Hypothetical situations when security and order incidents occur; mobilization of forces and facilities; and handling measures.

The requirement that the head of a pawnshop must have a permanent residence of 05 years to be allowed to operate from August 15, 2023 has been abolished in Vietnam - Source: Internet

What are general security and order conditions for pawnshop businesses in Vietnam?

Article 7 of Decree 96/2016/NĐ-CP stipulates the general security and order conditions for pawnshop businesses as follows:

- Registered, licensed, or established in accordance with the laws of Vietnam.

- The person responsible for security and order of the business must not fall under any of the following cases:

+ For Vietnamese citizens:

++ Has been indicted for a criminal offense that is being investigated, prosecuted, or tried by the Vietnamese or foreign judicial authorities.

++ Has a criminal record for crimes against national security or other crimes that were committed intentionally and were sentenced to imprisonment for more than 3 years and have not yet been rehabilitated; is currently on parole; is serving a sentence of non-custodial reform;

Is under house arrest, prohibited from residing, prohibited from holding positions, or prohibited from doing business in industries, professions, or businesses with conditions on security and order under a court decision.

++ Is currently under the educational measures at the commune, ward, or town; has a decision to apply administrative measures while awaiting execution of the decision;

Is addicted to drugs; is currently suspended or temporarily suspended from implementing the decision to send to a compulsory education center or a compulsory drug treatment center; has been subject to administrative measures but has not yet served the required period to be considered as not subject to administrative measures;

+ For Vietnamese citizens residing abroad with foreign passports and foreigners:

Has not been granted a residence permit by the competent authority of Vietnam.

- Meets the safety conditions for fire prevention and fighting in accordance with the regulations on fire prevention and fighting.

The requirement that the head of a pawnshop must have a permanent residence of 05 years to be allowed to operate from August 15, 2023 has been abolished in Vietnam

Article 9 of Decree 96/2016/NĐ-CP, as amended by Article 1, Clause 1 of Decree 56/2023/NĐ-CP (effective from August 15, 2023), stipulates the conditions on security and order for pawnshop businesses as follows:

Conditions on security and order for pawnshop businesses

In addition to the conditions stipulated in Article 7 of this Decree, a pawnshop business must meet the following conditions:

Within the 05 years immediately preceding the date of business registration, the person responsible for security and order of the pawnshop business has not been administratively sanctioned by the competent authority for any of the following acts:

Resisting the execution of official duties, causing public disorder, intentional injury, usury, gambling, organizing gambling or gambling, theft, fraud, misappropriation of property, or wrongful retention of property.

Therefore, from August 15, 2023, pawnshop businesses will no longer require the head of a pawnshop business to have a permanent residence of 05 years.

Best regards!