Procedures for applying for a certificate of satisfaction of security and order conditions in Vietnam

Procedures for applying for a certificate of satisfaction of security and order conditions in Vietnam (Internet image)

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

According to Decision 3191/QD-BCA in 2022, the procedures for issuance of certificates of satisfaction of security and order conditions are as follows:

1. Procedures for applying for a certificate of satisfaction of security and order conditions in Vietnam

Step 1: Organizations and individuals wishing to be granted a new Certificate of satisfaction of security and order conditions shall submit dossiers directly or by postal service to the Police Department for Administrative Management of Social Order - Ministry of Public Security, during office hours on weekdays, or submit an online application through the National Public Service Portal or the Public Service Portal of the Ministry of Public Security.

Step 2: The receiving officer checks the information, composition, and validity of the application.

- If the application is valid and has sufficient components, it shall be received for settlement, and a receipt of the application shall be sent directly, via postal service, via the account on the public service portal, or by email (if any) to the business establishment or the person who is sent to contact and submit the application.

- If the dossier is invalid or lacks components, the dossier shall not be accepted, and the Instructions for completing the dossier shall be sent in person, via postal service, or by email (if any) to the business establishment or the person sent to contact to submit the application.

- If the application is not eligible, it will not be received. Clearly state the reason for the refusal to process the application and send a Notice of ineligibility in person, via postal service, through an account on the public service portal, or by email (if any).

Step 3: Based on the appointment date on the application receipt, the organization or individual will come to the place of application to receive the result of the Certificate of satisfaction of security and order conditions or receive the results via postal service after completing the payment of the assessment fee.

2. Application for a certificate of satisfaction of security and order conditions in Vietnam

Application composition:

+ A written request for issuance of 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).

+ A 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 registration of cooperatives and unions of cooperatives; Certificate of registration of branches and business locations of cooperatives and unions of cooperatives; Operation license of a competent Vietnamese state management agency; Certificate of business household registration; the document of establishment or operation permit enclosed with the written notice of tax identification number for non-business units with revenue.

+ Valid copies of papers and documents proving the assurance of fire prevention and fighting safety conditions for the business area and the warehouse for storing raw materials and goods, including:

* Written acceptance of fire prevention and fighting for business establishments on the list specified in Appendix V issued together with Decree 136/2020/ND-CP;

* Minutes of inspection on fire prevention and fighting of the Fire Prevention and Fighting Police for business establishments that are not specified at point a above but are on the list specified in Appendix I promulgated together with Decree 136/2020/ND-CP;

* Business establishments are not required to submit documents specified at points a and b above, including: Seal production; production of flags; purchase and sale of signal flags, lights, and horns of vehicles entitled to priority; security service business; betting service business; trading in devices that cause interference and disrupt mobile communications; business plastic surgery services; business of speed testing machines for road motor vehicles; trading in alcohol testing equipment; trading in GSM mobile phone monitoring equipment; and other mobile phone monitoring equipment.

+ Curriculum Vitae (Form No. 02 in the Appendix issued with Decree 96/2016/ND-CP) enclosed with the criminal record card or Personnel declaration (Form No. 02b in the Appendix issued together with Decree 96/2016/ND-CP) of the person responsible for security and order of the business establishment.

In case the person responsible for security and order is an overseas Vietnamese holding a foreign passport and a foreigner, they must enclose a valid copy of the Passport, Permanent Residence card, temporary residence card, or visa with a valid stay in Vietnam.

+ In addition to the documents specified above, the application for a new Certificate of satisfaction of security and order conditions must contain additional documents applicable to a number of business establishments in the following lines:

* For non-foreign-invested security service business establishments, a valid copy of the diploma evidencing the college or higher education level of the person in charge of security and order is required.

* For a foreign-invested security service business establishment, it must have:

A valid copy of the diploma evidencing the college degree or higher of the person in charge of security and order;

Documents proving that the foreign enterprise satisfies the conditions specified in Clause 4, Article 11, of Decree 96/2016/ND-CP.

* For a security service business establishment that has the function of training security staff, there must be a curriculum and training program for security service personnel and meet the conditions according to the provisions of Clause 3, Article 12 of Decree 96/2016/ND-CP.

* For establishments doing business in the following lines: Producing industrial explosives; trading explosives precursors; doing business in industries and trades that use industrial explosives for exploration and exploitation of minerals, oil, and gas; trading small-class hand-held military guns; casino business; trading in prize-winning video games for foreigners; and betting services businesses, they must have written permission for operation from a specialized state management agency.

- Number of dossiers: 01 (one) set of dossiers.

Nguyen Ngoc Que Anh

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