What are the business sectors requiring security and order guarantee plan in Vietnam?

What are the business sectors requiring security and order guarantee plan in Vietnam? (Internet image)

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

1. What are the business sectors requiring security and order guarantee plan in Vietnam?

Business sectors requiring security and order guarantee pla according to Article 8 of Decree 96/2016/ND-CP include:

- A business establishment that engages in any of the following business sectors must have a security and order guarantee plan.

+ Trading in combat gears;

+ Firecracker trading;

+ Trading in paintball guns;

+ Providing electronic casino game services for foreigners;

+ Casino service;

+ Betting services;

+ Trading in industrial explosives;

+ Trading in explosive precursors;

+ Business lines with use of industrial explosives and explosive precursors;

+ Blasting services;

+ Dance club services;

+ Accommodation service (if the business establishment is an enterprise);

+ Trading in small-size military handguns.

- A security and order guarantee plan must include the following basic contents:

+ Identification of specific regions/subjects requiring intensive security and order measures;

+ Security and order measures;

+ Regular security and order forces;

+ Facilities;

+ Organizational and instructional measures;

+ The cooperation with the local competent authorities where the business activities are carried out;

+ Presumptiions when an event related to security and order occurs; mobilization of people and facilities; handling measures.

2. General security and order conditions for all business sectors in Vietnam

General security and order conditions for all business sectors according to Article 7 of Decree 96/2016/ND-CP are as follows:

- A business establishment must be registered, licensed or established under the law of Vietnam.

- The person in charge of security and order of a business establishment must not be one of the following subjects:

+ Vietnamese citizens:

++ A person has been criminally prosecuted and being under the investigation, prosecution or adjudication by a Vietnamese or foreign procedural body.

++ A person has a criminal record on infringing upon the national security or deliberate commission of a crime liable to a prison term of 03 years or more which has not yet been expunged; or is suspended from serving a prison sentence; or is serving a non-custodial rehabilitation;

or is under the mandatory supervision, or the prohibition from residence or holding certain position or running a business sector subject to security and order conditions upon the court’s decision.

++ A person is liable to the compulsory educational measures at the community; is waiting for a decision on imposition of an administrative penalty granted; is addicted to drug; is suspended from the compliance with a decision on serving a sentence in correctional institution or rehabilitation center;

Or has faced an administrative penalty but the period for being considered as not yet facing an administrative penalty is not satisfactory as regulated;

+ Vietnamese people who hold foreign passport and reside abroad, and foreigners:

A person is not permitted by a competent authority of Vietnam to stay in Vietnam.

- Conditions on fire prevention and fighting have been satisfied as referred to by the law on fire prevention and fighting.

3. Operating rules and the management of business sectors subject to security and order conditions in Vietnam

Operating rules and the management of business sectors subject to security and order conditions in accordance with Article 5 of Decree 96/2016/ND-CP are as follows:

- Any Vietnamese or foreign entities engaging in business sectors subject to security and order conditions that meet conditions in this Decree and comply with other regulations of relevant laws are eligible to carry out business activities and obtain Certificates of satisfaction of security and order conditions.

- The management of business sectors subject to security and order conditions must be carried out in a transparent and openness manner. Security and order must be ensured in order that business activities may be conducted in an effective manner.

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