From August 15, 2023, Commune-level Police to have the authority to issue the Certificates of satisfaction of security and order conditions in Vietnam

From August 15, 2023, Commune-level Police to have the authority to issue the Certificates of satisfaction of security and order conditions in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

On July 24, 2023, the Government issued Decree 56/2023/ND-CP amending Decree 96/2016/ND-CP stipulating security and order conditions for a number of industries and trades with conditional business investment, Decree 96/2016/ND-CP on management and use of seals, and Decree 137/2020/ND-CP on the management and use of firecrackers.

From August 15, 2023, Commune-level Police to have the authority to issue the Certificates of satisfaction of security and order conditions in Vietnam

Decree 56/2023/ND-CP supplements the authority to issue Certificates of satisfaction of security and order conditions and management of business establishments with the Commune-level Police.

Specifically, the commune-level police are responsible for granting Certificates of satisfaction of security and order conditions and management of business establishments, including:

- Accommodation business establishments with a business scale of less than 10 rooms

- Gas trading establishments are business households.

Previously, Article 24 of Decree 96/2016/ND-CP only stipulated the authority to issue Certificates of eligibility for security, order, and management of business establishments with the district-level police, the police department for administrative management of social order, the police of provinces and cities, and the police department for administrative management of social order under the Ministry of Public Security.

(Clause 7 Article 1 of Decree 56/2023/ND-CP (Addition of Clause 4 after Clause 3, Article 24 of Decree 96/2016/ND-CP))

Conditions on security and order for pawn shop business from August 15, 2023

Article 9 of Decree 96/2016/ND-CP (amended and supplemented in Clause 1, Article 1 of Decree 56/2023/ND-CP) stipulates security and order conditions for pawnshop business, such as: after:

(1) Satisfy the conditions specified in Article 7 of Decree 96/2016/ND-CP, specifically:

- Being registered, licensed, or established in accordance with Vietnamese law.

- The person responsible for the security and order of the business establishment must not fall into one of the following cases:

+ For Vietnamese:

Having been criminally prosecuted and investigated, prosecuted, and adjudicated by Vietnamese or foreign procedural agencies.

Having a previous conviction for crimes of infringing upon national security or other crimes committed intentionally and having been sentenced to more than 3 years in prison and not yet having their criminal record cleared; being in the period of being suspended from serving prison sentences; serving a sentence of non-custodial reform; being under probation, banned from residence; holding certain posts; and doing business in lines of business, investment, and business subject to security and order conditions under a court decision.

Being applied the measure of education in communes, wards, or townships; there is a decision to apply administrative handling measures while waiting for the implementation of the decision; are addicted to drugs; being suspended, temporarily suspended the execution of the decision to send to a compulsory education institution or to a compulsory detoxification establishment; administrative handling measures have been applied, but the time limit has not been reached to be considered as not yet applied administrative handling measures;

+ For overseas Vietnamese holding foreign passports and foreigners:

Haven't been granted a residence permit by a competent Vietnamese agency.

- Satisfy the conditions on fire prevention and fighting safety according to the provisions of the law on fire prevention and fighting.

(Compared to the current Decree 96/2016/ND-CP, this condition remains the same)

(2) Other conditions:

During the period of 05 consecutive years before the time of business registration, the person responsible for security and order of the pawnshop business establishment has not been sanctioned by the competent authority for an administrative violation regarding one of the following: behavior:

Against people on duty, disturbing public order, intentionally causing injury, lending heavy interest, gambling, organizing gambling or gambling, stealing property, fraudulently appropriating property, or illegally appropriating property.

(Currently, Decree 96/2016/ND-CP stipulates as follows: Persons responsible for security and order of pawn shops must be a person who has had a permanent household registration for at least 5 years in the commune, ward, or township where the business location is registered, and during the period of 05 consecutive years before the time of business registration, the competent authority has not been administratively sanctioned for the following acts:

Against people on duty, disrupting public order, intentionally causing injury, lending heavy interest, gambling, organizing gambling or gambling, stealing property, fraudulently appropriating property, illegally occupying property.)

Decree 56/2023/ND-CP takes effect as of August 15, 2023.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE