Security service business is a conditional one. Therefore, in order to be licensed to operate, an enterprise must satisfy all the conditions stipulated by the law.
SECURITY SERVICE BUSINESS
According to Decree 52/2008/ND-CP, security services business includes:
- Body-guard services;
- Services on protection of property, commodities; protection of houses, production or business establishments, offices of agencies or organizations;
- Services on maintenance of security and order for sport, entertainment or recreation activities, festivals.
In addition, only enterprises which are established and make business registration according to law and possess certificates of full satisfaction of conditions on security and order for security service business according to this Decree may conduct security service business activities. Security service enterprises may not deal in branches, trades or services other than the security services prescribed by this Decree.
CONDITIONS FOR SECURITY SERVICE BUSINESS
CONDITIONS FOR A SECURITY SERVICE BUSINESS ESTABLISHMENT
- Being an enterprise;
- Vietnam security service enterprises may enter into investment cooperation with foreign security service enterprises only in certain cases.
- Foreign business establishments investing capital in Vietnam security service business establishments must satisfy the following conditions:
+ Having operated in the security service business for five consecutive years or more;
+ The persons representing the contributed capital amounts of the enterprises in the joint ventures with Vietnamese enterprises have not yet committed acts of violating the laws of the host or relevant countries;
+ The capital contribution of foreign business establishments shall be used only to purchase machinery and technical equipment. They must be the ones specialized in security service business, having capital amounts and total asset value of USD 500,000 or more.
CONDITIONS FOR HEADS OF SECURITY SERVICE ENTERPRISES
Heads of security service enterprises must have collegial, university or higher degree. Those who have worked for other security service enterprises whose business registration certificates were withdrawn must satisfy an additional condition: during three previous consecutive years, they were not managers or did not hold any key position of the enterprises whose business registration certificates were withdrawn. Individuals who are not entitled to set up or manage security service enterprises and to directly perform security service activities are as follows:
- As for Vietnamese:
+ Persons who are prosecuted by Vietnamese or foreign procedural bodies.
+ Persons who are convicted of crimes of infringing upon national security or other offenses committed intentionally and sentenced to more than 3 years imprisonment, not yet entitled to remission of their previous criminal convictions; temporarily suspended from serving sentence; serving non-custodial reform penalties; subject to probation or ban on residence; banned from holding certain posts; banned from doing conditional security service business under Court decisions.
+ Persons who are subject to commune/ward/township-based education measures; subject to administrative handling measures while pending the execution of the decisions; drug addicts; temporarily suspended from compulsory education or compulsory rehabilitation; subject to other administrative handling measures, who still fail to beat the deadlines for being considered not yet handled for administrative violations;
- As for overseas Vietnamese holding foreign passports and foreigners:
+ Not yet permitted by the Vietnamese authorities to reside.
APPLICATION FOR SECURITY SERVICE BUSINESS
- A dossier of request for the grant of Certificates of full satisfaction of conditions on security and order to a security service enterprise;
- Valid copies of the following documents: Business Registration Certificate; Enterprise Registration Certificate; Investment Registration Certificate; Operation Registration Certificates of branches and attached units; Registration Certificates of cooperatives and unions of cooperatives; Registration Certificates of branches, business location of cooperatives, and unions of cooperatives; Operation License from a competent state management agency of Vietnam; Business Household Registration Certificate; establishment documents enclosed with tax identification number notices.
- Resume enclosed with Judicial Record Card or Individual Declaration of the head of the security service enterprise:
- For Vietnamese people in Vietnam who are responsible for the security and order of the business establishments listed in the Certificates of full satisfaction of conditions on security and order, there must be Resumes; Judicial record cards (except those on the payroll of state agencies, armed forces, political organizations, socio-political organizations);
- The Resumes of persons on the payroll of on the payroll of state agencies, armed forces, political organizations, socio-political organizations must be certified by the competent agencies or organizations.
- For overseas Vietnamese holding foreign passports and foreigners, there must be individual declarations attached with valid copies of Passports, Permanent Residence Cards or Temporary Residence Cards or valid visas.
- For security service enterprises that do not have foreign-invested capital, there must be valid copies of diplomas proving the educational qualifications of the persons responsible for the security and order of the business establishments listed in the Certificate of full satisfaction of conditions on security and order.
- For foreign-invested security service enterprises:
- Valid copies of diplomas proving the educational qualifications of the persons responsible for the security and order of the business establishments listed in the Certificate of full satisfaction of conditions on security and order;
- Documents proving that the foreign enterprise has been engaged in the security service business for at least 5 years; the person representing the contributed capital amount of the foreign enterprise in the joint venture with the Vietnamese enterprise has not yet committed acts of violating the laws of the host or relevant country (must be consularly legalized).
APPLICATION FOR CERTIFICATES OF FULL SATISFACTION OF CONDITIONS ON SECURITY AND ORDER
A security service enterprise shall submit 01 set of the dossier of application for a new Certificate of full satisfaction of conditions on security and order to the police office. The enterprise may directly submit the dossier at the police office or send it via postal service or submit it via the Online Portal managing conditional business lines on security and order of the Ministry of Public Security. Within 5 working days after receiving complete and valid dossiers, the competent police office shall grant the Certificate of full satisfaction of conditions on security and order to the security service enterprise.
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