Roadmap to reduce regulations on security and order conditions in Vietnam

What are the regulations on the roadmap to reduce and simplify regulations on security and order under the management of the Ministry of Public Security of Vietnam?

The Prime Minister of Vietnam has just issued Decision 641/QD-TTg in 2023 approving the Plan to reduce and simplify regulations related to business activities under the management of the Ministry of Public Security of Vietnam, including a roadmap to reduce regulations on security and order conditions.

Roadmap to reduce regulations on security and order conditions in Vietnam

The content and roadmap for the reduction and simplification of regulations on sectors and fields of investment and business subject to security and order conditions in Vietnam are as follows:

(1) Group of administrative procedures: Issue a new Certificate of satisfaction of security and order conditions (implemented at the central level); Issue a new Certificate of satisfaction of security and order conditions (implemented at the provincial level); Issue a new Certificate of satisfaction of security and order conditions (implemented at the district level).

* The content of the plan is simplified

- Content 1: Annulling the requirement to submit "Valid copy of one of the following documents: Business registration certificate; Certificate of business registration; Investment registration certificate; Certificate of operation registration of the branch or affiliated unit of the enterprise; Certificate of business household registration; and supplementing this provision in the written request of the organization providing basic information on the above-mentioned certificates (amending and supplementing Form No. 03 issued together with Decree 96/2016/ND-CP) to have a basis for checking and comparing.

- Content 2: Annulling the regulation on submission of "Valid copies of papers and documents proving the assurance of fire prevention and fighting safety conditions for business areas and warehouses for storing raw materials and goods"; except for the minutes of safety inspection on fire prevention and fighting falling under the competence of the commune-level People's Committees.

- Content 3: Annulling the requirement to submit the CV together with the judicial record card of the person responsible for security and order for the business establishment (who is a Vietnamese citizen); abolishing the requirement to submit a valid copy of Passport, Permanent Residence Card or Temporary Residence Card or Visa with a validity period of stay in Vietnam (for foreigners).

- Content 4: Restructuring administrative procedures for providing public services throughout the process on the Public Service Portal of the Ministry of Public Security and the National Public Service Portal.

* Recommendations for implementation

- Amending and supplementing Article 19, Article 23 of Decree 96/2016/ND-CP.

- Amending and supplementing the "Document of application for the Certificate of satisfaction of security and order conditions of the business establishment" (Form No. 03 in the Appendix issued together with Decree 96/2016/ND-CP).

- Implementation roadmap: 2023.

(2) Group of administrative procedures: Issuance and replacement of Certificates of satisfaction of security and order conditions (implemented at the central level); Issuance and replacement of the Certificate of satisfaction of security and order conditions (implemented at the provincial level); Issuance and replacement of Certificates of satisfaction of security and order conditions (implementation at district level); Re-issuance of the Certificate of satisfaction of security and order conditions (implemented at the central level); Re-issuance of the Certificate of satisfaction of security and order conditions (implemented at the provincial level); Re-issuance of Certificate of satisfaction of security and order conditions (implemented at district level).

* The content of the plan is simplified

- Content 1: Supplementing information about the certificate of satisfaction of security and order conditions already issued in
"Document of application for renewal of Certificate of satisfaction of security and order conditions of the business establishment" (Form 03 in the Appendix issued together with Decree 96/2016/ND-CP) for cases in which a paper certificate of satisfaction of security and order conditions has been granted according to Decree 96/2016/ND-CP, a paper copy is required to be revoked when carrying out procedures for renewal.

- Content 2: Abolish the requirement to submit the CV together with the judicial record card of the person responsible for security and order for the business establishment (who is a Vietnamese citizen); abolish the requirement to submit a valid copy of Passport, Permanent Residence Card or Temporary Residence Card or Visa with a valid stay in Vietnam (for foreigners) in case of change of the person named in the Certificate of satisfaction of security and order conditions of the business establishment.

- Content 3: Adding regulations on returning digitally signed results certified by competent authorities and, at the same time, abolishing the procedure for the re-issuance of the certificate of satisfaction of security and order conditions when it is lost and the procedure for the replacement of the certificate of satisfaction of security and order conditions when it is damaged.

* Recommendations for implementation

- Amending and supplementing Article 14 and Article 21 of Decree 96/2016/ND-CP.

- Amending and supplementing the "Document of application for the Certificate of satisfaction of security and order conditions of the business establishment" (Form No. 03 in the Appendix issued with Decree 96/2016/ND-CP).

- Implementation roadmap: 2023.

(3) Conditions on security and order for pawn shop business

* The content of the plan is simplified

To abolish the regulation that the person responsible for security and order at a pawnbroker business establishment must have a permanent residence permit for at least 5 years in the commune, ward, or township where the business location is registered.

* Recommendations for implementation

- Amending and supplementing Article 9 of Decree 96/2016/ND-CP.

- Implementation roadmap: 2023.

(4) Regarding the form of reporting information

* The content of the simplified plan: Implement the electronic reporting mode; specify the time to close the report data.

* Recommendations for implementation

- Amending and supplementing Article 7 of Circular 42/2017/TT-BCA.

- Implementation roadmap: 2023.

(5) Amendments to other regulations to ensure the consistency of the legal document system

* The content of the plan is simplified

Review and abolish the phrase "household registration", replacing the phrase "current residence" with the phrase "current residence" as prescribed in Decree 96/2016/ND-CP and Circular 42/2017/TT-BCA.

* Recommendations for implementation

- Amending forms No. 01, 02, 03, and 04 issued together with Decree 96/2016/ND-CP.

- Amending and supplementing Article 9, Article 10, Article 19 and Article 32 of Decree 96/2016/ND-CP.

- Implementation roadmap: 2023.

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