What are procedures for issuance of Certificate of sastisfaction of security and order conditions in Vietnam?

What are procedures for issuance of Certificate of sastisfaction of security and order conditions in Vietnam? - image from internet

Application for issuance of Certificate of sastisfaction of security and order conditions in Vietnam includes:

1. The application form for issuance of Certificate of satisfaction of security and order conditions made by the business establishment (Form No. 03 stated in the Decree 96/2016/ND-CP).

2. Legitimate copy of any of the following documents:

a) Business registration certificate; Certificate of enterprise registration; Certificate of investment registration; Certificate of operation registration of enterprise’s branch or affiliate; Certificate of registration of cooperative or cooperative union; Certificate of registration of branch or business location of cooperative or cooperative union; Operation License of competent authority of Vietnam; Certificate of registration of household business; Written approval for the establishment or operations enclosed with written notice of tax code of for-profit administrative unit;

b) If documents mentioned in point a of this clause do not include business sectors, the business establishment must supplement a document proving its business sectors which have been approved by the business registration agency or the competent authority and shall be specified in the Certificate of satisfaction of security and order conditions (if the applicant is an enterprise, the police authority may extract this document from the National Business Registration Portal).

3. Legitimate copies of documents proving the satisfaction of fire safety conditions at business locations and warehouses, consisting of:

a) The written record of the acceptance of fire safety conditions if the applicant is any of the business establishments in the list stated in Annex IV of the Decree 79/2014/ND-CP dated July 31, 2014 detailing the implementation of certain articles of the Law on fire prevention and fighting and the Law on amendments to certain articles of the Law on fire prevention and fighting (hereinafter referred to as Decree No. 79/2014/ND-CP);

b) The written record of the inspection of fire safety conditions made by the fire department if the applicant is not a subject prescribed in point a Clause 3 of this Article but is in the list stated in Annex I enclosed with the Decree No. 79/2014/ND-CP;

c) The following business establishments must not submit documents mentioned in Points a & b Clause 3 of this Article: Producers of seals; producers and traders in vehicle warning flags, lights and sirens; security service providers; debt collection service providers; betting service providers; traders in mobile phone jammers; plastic surgery service providers; traders in radar speed guns, breathalyzers, GSM phone trackers and other types of phone trackers;

d) If a business establishment does not have a warehouse to store materials or products as regulated, it must enter into a contract for lease of a warehouse which must satisfy fire safety conditions provided for in Points a & b Clause 3 of this Article;

dd) With regard to business establishments that engage in business sectors with the use of industrial explosives and explosive precursors, documents proving the satisfaction of fire afety conditions shall be documents about warehouses of industrial explosives and explosive precursors.

4. The curriculum vitae (Form No. 02 stated in the Decree 96/2016/ND-CP), enclosed with the Criminal record statement or Individual declaration (Form No. 02b stated in the Decree 96/2016/ND-CP), of the person in charge of security and order of the business establishment. To be specific:

a) The curriculum vitae and the criminal record statement (except for officials of state agencies, the armed forces, political organizations or socio-political organizations) of the person in charge of security and order, who is the holder of Certificate of satisfaction of security and order conditions, are required if he/she is a Vietnamese citizen residing in Vietnam;

If the person mentioned in this point is working at the state agency, the armed forces, political organization or socio-political organization, his/her curriculum vitae must be certified by the managing agency/organization (except for the business establishment). The curriculum vitae of the person other than the said subject must be certified by people’s committee of commune/ward/district-level town where his/her permanent residence is registered;

b) If the person in charge of security and order is a Vietnamese who holds a foreign passport and resides abroad, or a foreigner, the Individual declaration shall be enclosed to the legitimate copy of his/her passport, permanent resident card or temporary resident card or visa which must be valid for stay in Vietnam;

c) If there are several legal representatives of a business establishment, the curriculum vitae and the criminal record statement or individual declaration of the person who is the holder of Certificate of satisfaction of security and order conditions shall be submitted.

Apart from documents mentioned above, the following business establishments must supplement the following documents in their applications for issuance of new certificates of satisfaction of security and order conditions:

1. The security service provider that does not have foreign investment must supplement the legitimate copy of graduation diploma proving the qualification of the person in charge of security and order, who acts as the holder of Certificate of satisfaction of security and order conditions.

2. If a security service provider has foreign investment, the following documents must be supplemented:

a) The legitimate copy of graduation diploma proving the qualification of the person in charge of security and order, who acts as the holder of Certificate of satisfaction of security and order conditions;

b) Documents proving that the foreign enterprise has satisfied conditions in Points a & b Clause 4 Article 11 of the Decree 96/2016/ND-CP, which must be legalized by the diplomatic missions of Vietnam in the country or territory where the head office of that foreign enterprise is located.

3. If a security service provider has function to provide security guard training courses, it must supplement the security guard training curriculum/program.

4. With regard to the following business establishments: producers of industrial explosives; traders in explosive precursors; business establishments in business sectors with use of industrial explosives for exploration/exploitation of minerals/petroleum; traders in small-size handguns; casino service providers; providers of electronic casino game services for foreigners; betting service providers, the written approval for operations made by sector authority is required.

The resolving authority: Depending on each specific locality, following authorities are responsible to resolve the procedures for issuing the Certificate of sastisfaction of security and order conditions:

+ The Police Department for Administrative Management of Social Order directly under Ministry of Public Security;

+ The Police Offices for Administrative Management of Social Order directly under Police authorities of central-affiliated cities or provinces;

+ Police authorities of districts affiliated to central-affiliated cities or provinces

Processing time: 05 working days from the date of receiving a complete and valid dossier.

Fee: 300,000 VND per application (Based on the provisions of Circular 23/2019/TT-BTC).

Legal basis: Decree 96/2016/ND-CP; Circular 23/2019/TT-BTC.

Best regards!