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Conditions, order and procedures for applying for the certificate of satisfaction of security and order conditions

In recent years, Vietnam has been considered as one of the fast-growing economic markets with open-door and attractive-incentive policies. However, some subjects have taken advantage of this to invest and trade in a number of business investment areas with complicated factors in connection with security and order to commit crimes and other violations against the laws. Therefore, to ensure safety in terms of social security and order, for some business sectors, current legislation requires a Certificate of satisfaction of security and order conditions. Enterprises need to pay attention to the conditions and procedures for applying for the Certificate of satisfaction of security and order conditions in order to operate their business legally and effectively.

A. Business sectors require Certificate of satisfaction of security and order conditions[1]

1. Seal production
2. Combat gear trading
3. Firecracker trading
4. Pawnshop services
5. Massage services
6. Trading of warning devices of emergency vehicles
7. Security services
8. Trading of paintball guns
9. Electronic casino game services for foreigners.
10. Debt collection services
11. Casino business
12. Betting services
13. Gas business
14. Industrial explosive business
15. Explosive precursor business
16. Business operations with the use of industrial explosives and explosive precursors.
17. Blasting services.
18. Printing services
19. Trading in mobile phone jammers
20. Plastic surgery services
21. Karaoke and dance club business
22. Accommodation services
23. Trading in military clothing and equipment of the armed forces, military weapons, technologies, devices, and vehicles for the military forces and police forces; parts, components, supplies, specialized equipment, and technologies for manufacturing.

B. Procedures for applying for the Certificate of satisfaction of security and order conditions:

1. Applications dossiers for the Certificate of satisfaction of security and order conditions[2]
 
  • The application form (Form 03 attached to Appendix of Decree 96/2016/ND-CP.
  • Valid copy of one of the following documents:
  1. Business registration certificate; enterprise registration certificate; investment registration certificate; certificate of registration of a branch or subsidiary unit; certificate of registration of the co-operative or federation of co-operatives; certificate of registration of the branch or business location of the co-operative or federation of co-operatives; license [or operational permit] issued by the Vietnamese authority; certificate of registration of the business household; and for an income-earning [State] professional unit, document on establishment or operational permit enclosing a tax code certificate;
  1. If any of the documents prescribed in sub-clause (a) above do not express [stipulate] the relevant industry or trade, then the business establishment must supplement its data to prove its right to conduct business in the relevant industry or trade, and request that the Security and Order Certificate record the industry or trade to which the enterprise registration agency or other competent State agency has consented (in a case where the business establishment is an enterprise, the police office should refer to such data in the national database on enterprise registration).
  • Valid copy documents proving fire-fighting and fire prevention safety for production areas and for stores containing raw materials and goods;
  • The curriculum vitae enclosed with the Criminal record statement or Individual declaration of the person in charge of security and order of the business establishment.
 
2. Form of application submission:[3]

A business establishment may choose one of the following forms to submit its application:

a. The application is directly submitted at the competent police authority;
b. The application is submitted by post;
c. Lodge the file via the website of the Ministry of Public Security administering conditional industries and trades.

If an application is submitted online via the website of Ministry of Public Security administering conditional industries and trades, is is necessary for the business establishment to send the competent police the valid copies of papers, documents prescribed in Section B.1.
 
3. Execution time:[4]
 
  • Within 05 working days from the date of fully receiving valid documents, the business establishment will receive the Certificate of satisfaction of security and order conditions.
  • If an application for Certificate of satisfaction of security and order conditions is rejected, the business establishment will receive a written response explaining reasons of rejection from a police office.
C. Validity of certificate of satisfaction of security and order conditions[5]

A certificate of satisfaction of security and order conditions shall not stipulate its term of use, except for the cases as follows:

a. If the business enterprise has an operational term or duration as stipulated by law or in one of the documents prescribed in article 19.2 or in the licence which the specialized branch State agency issued to the BE, then the term of use of the Security and Order Certificate shall not exceed such term prescribed in any of the above-mentioned documents;
b. If the business enterprise uses industrial explosives in the course of constructing works or facilities, in mineral exploration and mining, or in the petroleum sector then the term of the Security and Order Certificate shall conform with the term recorded in the official documents regarding such construction, mineral exploration and mining, or petroleum [project].

 
 
[1] Article 3 Decree 96/2016/ND-CP
[2] Article 19 Decree 96/2016/NĐ-CP
[3] Article 23.2 Decree 96/2016/NĐ-CP
[4] Article 23.3.a and Article 23.4 Decree 96/2016/NĐ-CP
[5] Article 15 Decree 96/2016/NĐ-CP
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