Vietnam: Business establishments trading in camouflage devices used for sound and video recording shall employ persons aged 18 or older

Decree No. 66/2017/NĐ-CP has just been approved by the Government of Vietnam, which specifies conditions for sale of camouflage devices and software used for sound and video recording and positioning as long as responsibilities of business establishments for this type of conditional business line.

There are only 3 business establishments that are eligible for the sale of camouflage devices and software used for sound and video recording and positioning:

According to Decree No. 66/2017/NĐ-CP of Vietnam’s Government, conditions prescribed in Article 7 of the Decree No. 96/2016/ND-CP shall be satisfied.

Only the following business establishments are eligible for the sale of camouflage devices and software used for sound and video recording and positioning:

- The business establishment affiliated to the Ministry of Public Security issued with a certificate of satisfaction of security and order conditions by a competent authority affiliated to the Ministry of Public Security;

- The business establishment affiliated to the Ministry of National Defense issued with a certificate of satisfaction of security and order conditions by a competent authority affiliated to the Ministry of National Defense;

- The business establishment not affiliated to the Ministry of Public Security and the Ministry of National Defense issued with a certificate of satisfaction of security and order conditions by a competent authority of the Ministry of Public Security.

Cơ sở kinh doanh máy ghi âm, ghi hình lén: Chỉ được thuê nhân viên ≥ 18 tuổi

Employees working in business establishments must be aged 18 or older:

According to Decree No. 66/2017/NĐ-CP of Vietnam’s Government, business establishments shall have the following responsibilities:

- Satisfaction of the conditions for security and order shall be regularly maintained during its operation.

- Employees working in business establishments must be aged 18 or older; have full legal capacity. Especially, business establishments may not employ persons who are:

+ Drug addicts;

+ Under the investigation, prosecution or adjudication;

+ Suspended from serving prison sentences;

+ Under conditional parole;

+ Serving non-custodial rehabilitation.

- Camouflage devices and software used for sound and video recording may be only sold to those allowed to use such by law, including:

+ Agencies specialized in national security protection and social order and safety;

+ Agencies responsible for implementing measures for secret sound and video recording according to the conditions, competence and procedures for special investigation measures prescribed in the Criminal Procedure Code of Vietnam.

- All customer information shall be collected and retained. Any doubtful acts or matters relating to security and order at the business establishment should be promptly reported to police authorities.

- The business establishment may only trade camouflage devices and software used for sound and video recording and positioning that have legal origin.

- The damaged camouflage devices and software used for sound and video recording and positioning must be destroyed.

The certificate of satisfaction of security and order conditions whose the effective period is not specified

According to Decree No. 66/2017/NĐ-CP of Vietnam’s Government, the certificate of satisfaction of security and order conditions shall not specify the effective period, except for the 02 following cases:

- The business establishment has a fixed operating duration in accordance with the law;

- The license issued by a supervisory authority to the business establishment specifies the effective period, the effective period of the certificate of satisfaction of security and order conditions shall not exceed the period specified in such license.

Decree No. 66/2017/NĐ-CP of Vietnam’s Government takes effect from July 05, 2017.

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