Vietnam: How is the inspection of security and order of business establishments carried out?

According to Circular No. 42/2017/TT-BCA of the Ministry of Public Security of Vietnam, inspection of security and order of business establishments with conditional business lines is prescribed as follows:

- Before carrying out the inspection, the competent police authority shall send a notice 05 working days prior to the business establishment on the time, location, contents of the inspection and components of the inspectorates;

- The head of the inspectorates shall assign tasks to the members in accordance with the plan;

- Members of the inspectorates shall study and firmly grasp the purposes, requirements and contents of the inspection plan; actively perform their tasks in accordance with the assignments of the head;

- Contents of the plan shall be implemented in accordance with Clause 2 Article 50 of Decree No. 96/2016/NĐ-CP of Vietnam’s Government and the approved inspection plan;

- The inspection must be made into a record in accordance with template DK5a issued together with this Circular which bears the signatures of the record maker, the representative of the inspectorates and the chief security officer or the representative of the business establishment. The inspection record shall be made into at least 02 copies and the business establishment shall retain 01 copy of the record.

- If the business establishment violates the law provisions on business sectors subject to security requirements, a record of administrative violations shall be made together with the inspection record for handling in accordance with the law. If there are signs of law violation related to other domains, if it is outside of the inspectorates’ handling competence, the head of the inspectorates must promptly report such violation to the direct authority for guidance; they shall not handle affairs outside of the scope of their assigned functions and tasks.

View relevant provisions at Circular No. 42/2017/TT-BCA of the Ministry of Public Security of Vietnam, effective from December 06, 2017.

- Thanh Lam -

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