What are penalties for failure to send a notice to the police department of the commune within 05 days from the date of deployment of the protected target outwide the province in Vietnam?

What are penalties for failure to send a notice to the police department of the commune within 05 days from the date of deployment of the protected target outwide the province in Vietnam?

Pursuant to Clause 1, Article 12 of Decree 144/2021/ND-CP stipulating a fine ranging from 1.000.000 VND to 2.000.000 VND shall be imposed for any of the following violations against regulations on management of business lines subject to security and order conditions:

1. A fine ranging from 1.000.000 VND to 2.000.000 VND shall be imposed for any of the following violations:

a) Untimely, untruthful, inadequate quarterly reports on implementation of regulations on security and order according to regulations of the Ministry of Public Security;

b) Incorrect or inadequate business records according to regulations of the Ministry of Public Security;

c) Failure to send a notice and a copy of the certificate of security and order to the police department of the commune where the business is located within 05 days from the inauguration date;

d) Failure to send a notice to the police authority that issued the certificate of security and order and the police department of the commune where the business is located within 10 days from the suspension date;

dd) Failure to send a notice to the police authority that issued the certificate of security and order within 03 working days from the day on which the loss of the certificate is discovered;

e) Failure to send a notice and relevant documents to the police department of the commune where the protected target is located within 05 days from the date of deployment of the protected target outwide the province in which the (security service provider (private security company) is headquartered;

g) Failure to issue or publicize the procedures for receiving applications for production of seals and prices thereof at the seal production facility;

h) Failure to present the original certificate of security and order at the request of a competent police authority.

According to this Article, if more than 05 days from the date of deploying the protection target in the provinces and centrally-run cities outside the scope of the security service business establishment, but the security service business establishment does not send a written notice enclosed with relevant documents to the police station of the commune, ward or township where the protection target is deployed will be fined from 01 million to 02 million dong in Vietnam.

How much is fine for falsifying the certificate of security and order or certificate of security guard training in Vietnam?

In addition, in Clause 3, Article 12 of Decree 144/2021/ND-CP stipulating a fine ranging from 5.000.000 VND to 10.000.000 VND shall be imposed for any of the following violations against regulations on management of business lines subject to security and order conditions:

a) Failure to maintain fulfillment of security and order conditions throughout business operation;

b) Including false information in documents in order to obtain the certificate of security and order;

c) Forging documents in order to obtain the certificate of security and order;

d) Falsifying the certificate of security and order or certificate of security guard training;

dd) Lending, leasing out, selling, buying the certificate of security and order;

e) Doing business at a location other than that specified in the certificate of security and order;

g) Giving the seal to the customer without transferring it to a competent police authority for registration as prescribed by law;

h) Providing the seal design of a organization to unauthorized persons;

i) Receive collateral without making a mortgage contract as prescribed by law;

k) Receive collateral without retention of the pledged property or original copy of the certificate of ownership of the pledged property at the business establishment throughout the mortgage period if such certificate of ownership is required by law;

l) Receiving collateral that is owned by another person without valid authorization of the owner to the mortgagor;

m) Selling or providing emergency signaling devices for entities that do not have the license to use these devices or entities whose licenses are not suitable for these devices;

m) Manufacturing, importing, buying, selling emergency signaling devices that exceed the standards for sound and brightness of horns and lights as prescribed by law;

o) Employing a foreigner or a Vietnamese national who resides overseas as the person in charge of security and order of the private security company or to directly operate the business or as a private security guard;

p) Failure to provide or provide proper clothing and signs for private security guards as prescribed by law;

q) Providing security services without signing contracts with clients;

r) Buying or selling mobile signal jammers to an organization or individual that has not obtain a license or written approval from a competent authority;

s) Failure to hire or hire an adequate number of security guards who are employees of the private security company during operation of a night club, an establishment providing electronic prize-winning games for foreigners, or a casino as prescribed by law;

t) Hiring a private security guard who has not obtained the certificate of security guard training.

In addition, in Clause 6, Article 12 of Decree 144/2021/ND-CP, additional sanctions are prescribed as follows:

6. Additional penalties:

c) 3 - 6 months suspension of the license, practicing certificate, certificate of security and order in case of violations specified in Point e Clause 3 and Points c, e and g Clause 4 of this Article;

b) 6 – 9 months suspension of the license, practicing certificate, certificate of security and order in case of violations specified in Points h and q Clause 3; Point d Clause 4 and Clause 5 of this Article;

c) Suspension of operation for 06 – 09 months in case of violations specified in Point q Clause 3; Point a Clause 4 of this Article;

d) Confiscation of the exhibits and means of administrative violations in case of violations specified Points b, c, h, m, n and r Clause 3; Points c and k Clause 4, and Points b, dd and e Clause 5 of this Article;

dd) Expulsion of foreigners committing the violations specified in Clauses 3, 4 and 5 of this Article.

According to this Article, violators of regulations on falsifying the certificate of security and order or certificate of security guard training will be fined from VND 5 million to VND 10 million in Vietnam. In addition, there may be a penalty of expulsion for foreigners.

Best regards!