In the Draft Decree on the conditions for doing business in equipment and software for covert audio, video recording, and locating, there are only 03 groups of entities permitted to trade in covert recording and locating equipment and software, including:
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- Business establishments under the Ministry of Public Security;- Business establishments under the Ministry of National Defense serving the People's Army forces;- Business establishments not under the Ministry of Public Security, the Ministry of National Defense, approved in writing by the Ministry of Public Security.
Thus, the activities of buying and selling disguised audio recording, video recording, and positioning equipment or software, as well as the production, assembly, transport, storage, rental, or repair, must fall under the management scope of the Ministry of National Defense and the Ministry of Public Security.
The legal representative, manager, business owner, or the authorized person named in the Certificate of Eligibility for Security and Order must be responsible for the security and order (ANTT) of the business establishment dealing in disguised equipment and software used for audio recording, video recording, and positioning, EXCEPT for the following subjects:
- For Vietnamese citizens:- Those who have been criminally prosecuted and are currently being investigated, prosecuted, or tried by the prosecution agencies;- Those with criminal records for offenses infringing upon national security or other intentional offenses sentenced to more than 03 years in prison, and without having their criminal records expunged;- Those on a temporary suspension of serving prison sentences;- Those currently undergoing non-custodial reform;- Those under surveillance, prohibited from residence, prohibited from holding certain positions, or banned from doing business in sectors and professions that require strict conditions on ANTT;- Those currently subjected to educational measures at the commune, ward, or commune-level town;- Those waiting for the enforcement of administrative measures;- Those currently addicted to narcotics;- Those with temporary suspension or interruption of enforcement of decisions to be sent to compulsory education or compulsory detoxification establishments;- Those subjected to administrative measures but are not yet eligible to be considered as having no administrative measures applied.- For overseas Vietnamese holding foreign passports;- Foreigners who have not been granted residence permits by competent Vietnamese authorities.
According to the Draft Decree, using disguised equipment and software for audio recording, video recording, and positioning to infringe on national security, public order, and safety are explicitly prohibited. It also prohibits:
- Trading disguised equipment and software without being granted or after having the Certificate of Eligibility for ANTT revoked;- Exploiting business activities to carry out acts harmful to ANTT;- Lending, leasing, buying, or selling the Certificate of Eligibility for ANTT;- Forging the Certificate of Eligibility for ANTT; falsifying documents to apply for the Certificate of Eligibility for ANTT; modifying or erasing the content recorded in the Certificate of Eligibility for ANTT;- Obstructing or failing to comply with the inspection, supervision, and violation handling by the police or competent state management agencies;- Illegally producing, assembling, transporting, storing, trading, renting, or repairing disguised equipment and software used for audio recording, video recording, and positioning;- Exploiting positions or powers to create difficulties and hinder the issuance of the Certificate of Eligibility for ANTT inappropriately; obstructing, causing issues, violating the freedom of business of organizations, individuals, or covering up the violations of people related to the business activities of the establishment.
According to the Ministry of Public Security's Statement, the business situation involving disguised audio recording, video recording, and positioning equipment and software in recent years has been extremely complicated, causing public outrage and posing numerous threats to national defense and the security and order of the country.
Through management efforts, the Ministry of Public Security has uncovered numerous cases involving the misuse of disguised audio recording, video recording, and positioning equipment and software. Notably, cases like Viet Hong Company publicly advertising Ptracker software, monitoring over 14,000 mobile accounts, allowing users to secretly film, photograph, record calls, and locate phones illegally using Ptracker software... The use of disguised recording, video, and positioning equipment or illegal tracking software installed on electronic devices and computers is a violation of the law, infringing on the privacy rights of individuals, the operations of organizations, affecting the legitimate rights and interests of organizations, individuals. Hence, establishing regulations on the conditions for dealing in disguised audio recording, video recording, and positioning equipment and software is essential.
Currently, the Draft Decree is open for public comments on the Ministry of Public Security's electronic portal. The Decree is expected to come into effect on July 1, 2017.
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