What conditions must trading of paintball guns meet in Vietnam?

What conditions must trading of paintball guns meet in Vietnam?

Pursuant to Clause 8, Article 3 of Decree No. 96/2016/ND-CP stipulating on business sectors subject to security and order conditions and scope of management as follows:

8. Trading of paintball guns, consisting of: Production, assembly, import, export and trading of paintball guns, paintballs or pellets and accessories of paintball guns; repair of paintball guns; supply of paintball shooting services.

In addition, Article 8 of Decree No. 96/2016/ND-CP stipulates business sectors requiring security and order guarantee plan:

1. A business establishment that engages in any of the following business sectors must have a security and order guarantee plan.

a) Trading in combat gears;

b) Firecracker trading;

c) Trading in paintball guns;

d) Providing electronic casino game services for foreigners;

dd) Casino service;

e) Betting services;

g) Trading in industrial explosives;

h) Trading in explosive precursors;

i) Business lines with use of industrial explosives and explosive precursors;

k) Blasting services;

l) Dance club services;

m) Accommodation service (if the business establishment is an enterprise);

n) Trading in small-size military handguns.

According to Article 13 of Decree No. 96/2016/ND-CP on business operation conditions applicable to some of the following lines of business, business establishments must satisfy the following conditions:

Only business establishments that are affiliated to Ministry of National Defence or Ministry of Public Security may carry out business activities in paintball guns (except for business establishments providing paintball shooting services); military clothing and equipment of the armed forces, military weapons, technologies, devices, and vehicles for the military forces and police forces; parts, components, supplies, specialized equipment, and technologies for manufacturing thereof.

In addition, Article 25 of Decree No. 96/2016/ND-CP stipulates general responsibilities of all business establishments:

1. The person in charge of security and order of a business establishment must be responsible for ensuring security and order conditions, comply with all regulations on security and order in this Decree and other regulations of relevant laws.

2. The business establishment must send a written notice, enclosed with Certificate of sastisfaction of security and order conditions, to the competent police authority of commune/ward/district-level town where business activities are carried out within 05 days from the date on which its business is commenced.

3. Security and order conditions prescribed in this Decree must be maintained during the business process.

4. The business establishment is not allowed to take advantage of its business location to perform acts that violate the law, infringe on security and order, infringe on the morals or national habits and customs.

5. Any doubtful acts or matters relating to security and order at the business establishment should be promptly informed to competent police authorities.

6. If a Certificate of sastisfaction of security and order conditions is lost, a written notice of that loss must be sent to the competent police authority within 03 working days.

7. Business establishments must make quarterly or irregular reports on security and order status as regulated by Ministry of Public Security.

8. Business establishments must bear the inspection and incur penalties imposed by competent police authorities and regulatory bodies.

9. Employees working in business establishments must be enough 18 years old or older, have full capacity of civil acts and must be not drug addicts. Business establishments shall not contract persons who are under the investigation, prosecution or adjudication; suspended from serving prison sentences; are under conditional parole or serving non-custodial rehabilitation.

10. Within 20 days from the date on which business activities are commenced, the business establishment shall provide the following documents to the competent police authority:

a) The list of its employees;

b) The curriculum vitae and individual declaration of the person in charge of security and order of the business establishment, except for the holder of Certificate of satisfaction of security and order conditions;

c) Documents proving that the business establishment has satisfied all conditions for each business sector as referred to in Articles 8, 11 and 12 of this Decree;

d) The list of facilities and equipment in service of security (if any);

dd) Diagram of business location of a trader in industrial explosives, trader in explosive precursors, the business establishment engaging in business sectors with use of industrial explosives and explosive precursors, blasting service provider, trader in combat gears, trader in paintball guns, trader in firecrackers, casino service provider, provider of electronic casino game services for foreigners, accommodation service provider, karaoke service provider, dance club service provider, massage service provider or pawnshop service provider.

11. An application for reissuance or replace of certificate of sastisfaction of security and order conditions must be submitted to the competent police authority in case where the issued certificate of sastisfaction of security and order conditions is lost, damaged or expired, or the business establishment wants to make change in information specified in the issued certificate of sastisfaction of security and order conditions.

12. Business establishments must organize training courses in security and order guarantee for their security guards and other involved employees as regulated by competent police authorities.

13. The business establishment must send written notice at least 10 days before it temporarily suspends its business activities to the competent police authority and the police authority of commune/ward/district-level town where its business activities are carried out, in which reasons and suspension period must be specified.

14. If business establishments in small-size handguns, industrial explosives, explosive prosecutors, business sectors with use of industrial explosives and explosive prosecutors, blasting service, combat gears, and paintball guns stop their business, they must send the list of unsold handguns, industrial explosives, explosive prosecutors, combat gears, and paintball guns (if any) and request the police authorities or military authorities at provincial level or higher to handle them in accordance with law regulations.

15. Business establishments must prepare books for managing their business activities in corresponding to each business sector by using the form adopted by Ministry of Public Security.

16. Business establishments must pay fees for verification of Certificates of sastisfaction of security and order conditions, and fees for testing and issuance of security guard certificates in accordance with the law regulations.

Regulations on Article 27 of Decree No. 96/2016/ND-CP on responsibilities of traders in combat gears and traders in paintball guns:

Apart from responsibilities in Article 25 of this Decree, traders in combat gears and traders in paintball guns must:

1. Have warehouse for maintaining combat gears/ paintball guns that meet safety conditions as referred to by law regulations.

2. Make and post the internal regulations on the guarantee of security, order, fire and explosion prevention and fighting at a noticeable and legible place in the warehouse of combat gears/ paintball guns.

3. Buy combat gears, paintball guns, pellets and accessories for production of combat gears/ paintball guns which have legitimate and clear origin, and sell combat gears, paintball guns, pellets used for combat gears/ paintball guns to entities that have been licensed by competent police authorities.

4. Repair combat gears/ paintball guns for agencies/organizations after having obtained permission from police authorities.

5. Ensure safety while providing paintball shooting service to customers and only provide this service to persons aged 18 years or older.

6. While providing paintball shooting service to customers, medical staff must be available for taking actions against any unexpected events.

Thus, according to the above regulations in Vietnam, if you want to set up trading of paintball guns, you must ensure security, order, and scope of management, and at the same time, you must meet the business operation conditions applicable to a number of industries and professions.

Are foreigners responsible for security of this trading establishment in Vietnam? 

In Clause 2, Article 7 of Decree No. 96/2016/ND-CP, person in charge of security and order of a business establishment must not be one of the following subjects:

a) Vietnamese citizens:

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;

b) Vietnamese people who hold foreign passport and reside abroad, and foreigners:

A person is not permitted by a competent authority of Vietnam to stay in Vietnam.

As such, you are British in Vietnam and you are not responsible for the security of your business, but you can hire a Vietnamese person other than the above to be responsible for this matter. 

Best regards!