Security and order conditions for providing security service in Vietnam

Security and order conditions for providing security service in Vietnam (Internet image)

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

1. Security and order conditions for providing security service in Vietnam

Specifically, according to Article 11 of Decree 96/2016/ND-CP, security and order conditions for providing security service are as follows:

Apart from conditions mentioned in Article 7 of Decree 96/2016/ND-CP, a security service provider must satisfy the following conditions:

- It must be an enterprise.

- The person in charge of security and order of the security service provider must possess a three-year associate degree or higher, and within 24 immediately preceding months, did not hold the same position at another security service provider that has Certificate of satisfaction of security and order conditions revoked for indefinite period (except for cases prescribed in Clause 2 Article 22 of Decree 96/2016/ND-CP).

- A Vietnamese security service provider sets up a joint venture with a foreign security service provider:

The Vietnamese security service provider is only allowed to set up a joint venture with a foreign security service provider in case where it requires the investment in machinery and/or technical facilities provided that the foreign security service provider shall only contribute capital to purchase machinery and/or technical facilities to serve security works.

- A foreign security service provider contributes capital to a Vietnamese security service provider:

+ It must be an enterprise that has been providing security service for at least 05 consecutive years;

+ The representative of the capital contributed by the foreign security service provider has never faced any administrative penalty from warnings or higher level for violations against regulations on security service by a competent law enforcement agency in a foreign country where security service is provided;

+ The capital amount contributed by foreign security service provider is only spent on purchase of machinery and/or technical equipment to serve security works. The minimum capital contributed by the foreign security service provider is USD 1,000,000 (one million US dollars). The valuation of machinery/technical equipment shall be conducted by the competent valuation authority at district level or higher, and the security service provider must pay valuation fees.

2. Conditions for organization of security guard training courses in Vietnam

Pursuant to Article 12 of Decree 96/2016/ND-CP stipulating the conditions for organization of security guard training courses:

- Only the following entities may organize security guard training courses:

+ Security service providers mentioned in Clause 3 of Article 12 of Decree 96/2016/ND-CP;

+ Vocational training centers affiliated to people’s police schools;

+ Professional improvement and training centers affiliated to police authorities at provincial level or higher;

+ If security service providers mentioned in Clause 3 of Article 12 of Decree 96/2016/ND-CP want to train security guards for other security service providers, they must comply with regulations of the law on vocational education.

- Security guard training establishments mentioned in points b,c and d Clause 1 of Article 12 of Decree 96/2016/ND-CP must submit documents granted by competent authorities to prove their functions to provide security guard training courses, enclosed with security guard training curricula and programs to the competent police authorities mentioned in Article 24 of Decree 96/2016/ND-CP. Contents of the training curriculum are provided for in point d Clause 3 of Article 12 of Decree 96/2016/ND-CP

- If a security service provider itself organizes security guard training courses, it must satisfy the following conditions:

+ Classrooms and training places must be available for trainee security guards;

+ That security service provider must have at least 03 years of experience in security service sector. The security guard training board must be established;

+ It must have at least 300 security guards or above;

+ Teachers of security guard training classes must be available or contracted. Such teachers must have appropriate qualifications and possess three-year associate degrees or higher (except for kung fu);

+ It must have security guard training program and curriculum.

The training curriculum includes basic contents about politics, law, professional skills of a security guard, communication skills, fire prevention and fighting, first aid skills, management and use of combat gears, basic kung fu movements for self-defense and controlling attackers, and other contents according to actual requirements by protected subjects.

The minimum duration of a security guard training course is 30 days.

- Security guard training establishments are only allowed to organize security guard training courses after their training curricula/programs have been approved by the Police Department for Administrative Management of Social Order directly under Ministry of Public Security.

Upon the completion of each training course, a security guard training establishment must submit a written request to the competent police authority to carry out a testing and issue security guard certificates (using Form No. 04 stated in the annex in Decree 96/2016/ND-CP) to trainee security guards who have been sucessful in the testing.

Ho Quoc Tuan

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