The requirements for the application of a Certificate of satisfaction of security and order conditions

Requirements for applying for a order and security license

According to Decree 96/2016/ND-CP, business establishments in conditional business lines when applying for a security and order license must meet the following requirements:

1. Requirements for the legal representative of the business establishment 

• Name in Business Registration Certificate; Certificate of Registration of enterprise’s branch or affiliate and equivalent. 

• In case these people do not reside stably in Vietnam or do not regularly reside in Vietnam, they must authorize in writing to the competent person of the business establishment on the Certificate of satisfaction of security and order conditions

• Not include one of the following cases: 

(1) Has been criminally prosecuted and being under the investigation, prosecution,  or adjudication by a Vietnamese or foreign procedural body. 

(2) 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. 

(3) 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. 

(4) Being an overseas Vietnamese who holds a foreign passport and a foreigner who has not yet been granted a residence permit by a competent Vietnamese agency.

2. Requirements for fire prevention and fighting safety of establishments applying for a Certificate of satisfaction of security and order conditions

Business establishments must have acceptance for fire prevention and fighting on the list specified in Appendix IV issued with Decree No. 79/2014/ND-CP.

Other business establishments not on the list mentioned above must have a record of inspection on fire prevention and fighting issued by the Police Department of Fire Prevention and Fighting, except for business establishments engage in the following lines: Seal production; Security services; Debt collection services; Betting service; Trading in mobile phone jammers; Plastic surgery services, ...

3. Specific requirements for certain professions that require a Certificate of satisfaction of security and order conditions

Depending on the specific business field, the business establishment may also have to meet the following specific requirements:

a. Specific requirements for Security and Order Certificate  for providing pawnshop services.

In addition to the above general requirements, the person in charge of security and order of a business establishment providing pawnshop service must:

• Have at least 05 years of registered permanent residence at the commune/ward/commune-level town where the business location is registered

• Within 05 years preceding the business registration date, has not faced any administrative penalty for any of the following violations: resistance of law enforcement officers, disturbance of public order, deliberate infliction of injuries, usury, gambling, organization of gambling or gambling-dens, theft, obtaining property by fraud, or illegal impoundment of property. 

b. Specific requirements for Security and Order Certificate for providing debt collection services. 

In addition to the above general requirements, the person in charge of security and order of a business establishment providing debt collection service must:

• Have at least 05 years of registered permanent residence at the urban (or suburban) district/ district-level town/ provincial city where the business location is registered

• Within 05 years preceding the business registration date, has not faced any administrative penalty for any of the following violations: resistance of law enforcement officers, disturbance of public order, deliberate infliction of injuries, usury, gambling, organization of gambling or gambling-dens, or insults to another person. 

c. Specific requirements for Security and Order Certificate for providing security service.

In addition to the general requirements, a security service business establishment must satisfy the following requirements:

• 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.

• 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.

4. Legal basis

• Decree 96/2016/ND-CP dated July 01, 2016 of the Government on security and order conditions for a number of conditional business lines

• Decree No. 79/2014/ND-CP dated July 31, 2014 of the Government detailing a number of articles of the Law on Fire Prevention and Fighting and the Law Amending and Supplementing a Number of Articles of the Law on Fire Prevention and Fighting