Decree No. 72/2009/ND-CP dated September 03, 2009 of the Government providing for security and order conditions for a number of conditional production and business lines
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
Hanoi, September 03, 2009
PROVIDING FOR SECURITY AND ORDER CONDITIONS FOR A NUMBER OF CONDITIONAL PRODUCTION AND BUSINESS LINES
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 29, 2005 Law on Enterprises;
In order to unify the state management of business activities subject to security and order conditions, meet socio-economic development requirements and ensure security, social order and safety;
At the proposal of the Minister of Public Security,
1. This Decree provides for security and order conditions for the following conditional production and business lines:
a/ Production of seals;
b/ Production, trading and use of industrial explosive materials and ammonium nitrate of high content (from 98.5% up);
c/ Production, trading and repair of support instruments, repair of hunting rifles; production of fireworks;
d/ Lease of accommodation, lease of houses to foreign organizations or individuals for use as residences or offices;
e/ Printing activities;
f/ Pawn services;
g/ Karaoke bar, dance halls, massage;
h/ Electronic prize-games for foreigners; casino business;
i/ Debt collection services.
2. Depending on the security and order management situation and requirements in each period, the Ministry of Public Security shall propose the Prime Minister to decide on appropriate adjustment of production and business lines subject to security and order conditions.
Subjects of application
1. Organizations and individuals dealing in production and business lines subject to security and order conditions in all economic sectors.
2. Organizations and individuals involved in the registration, establishment, management organization and operation of business activities subject to security and order conditions.
Organizations and individuals not allowed to set up, manage and directly conduct business activities subject to security and order conditions
1. Organizations and individuals that, under the Enterprise Law and other legal documents, are banned from setting up and managing enterprises, or banned from conducting business activities subject to security and order conditions.
2. Persons aged under 18 years, persons restricted in or losing their civil act capacity; drug addicts.
3. Persons who have been criminally prosecuted and being under investigation, prosecution or trial by procedural bodies.
4. Persons being subject to the measure of education in ward, commune or township; serving the penalty of non-custodial reform, probation or residence ban; being subject to suspended sentence and in the probation period; persons being in the period of imprisonment execution postponement or being temporarily postponed from being sent to medical or reform establishment.
5. Persons with criminal records on infringing upon national security, deliberate commission of a crime liable to a prison term of 10 years or more or another crime directly related to production and business lines subject to security and order conditions, which have not yet been wiped out; persons against whom another administrative measure has been taken but not yet beating the time for being regarded as not yet being administratively handled.
BUSINESS CONDITIONS, PROCEDURES FOR GRANT OF CERTIFICATES OF SATISFACTION OF SECURITY AND ORDER CONDITIONS AND RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS DEALING IN PRODUCTION AND BUSINESS LINES SUBJECT TO SECURITY AND ORDER CONDITIONS
Conditions for dealing in production and business lines subject to security and order conditions
1. Heads of enterprises, branches or representative offices and lawful representatives at law of business establishments subject to security and order conditions must possess good morality, clear personal history and not fall into the cases defined in Article 3 of this Decree.
2. Business establishments subject to security and order conditions may conduct business activities only after being granted certificates of full satisfaction of security and order conditions by competent public security bodies.
3. Only Vietnamese individuals and organizations in the country may produce seals. Only establishments of the People’s Army or the People's Public Security may produce and deal in the repair of support tools and the repair of hunting guns.
4. Production and business lines subject to security and order conditions must not lie within restricted areas under law.
Dossiers, procedures for grant of certificates of full satisfaction of security and order conditions
1. A dossier of application for a certificate of satisfaction of security and order conditions comprises:
a/ The written application for a certificate of full satisfaction of security and order conditions;
b/ A copy of the business registration certificate (excluding business households not yet granted such certificates); the investment certificate or operation registration certificate (for enterprises’ branches); the tax registration certificate (for non-business units with revenues);
c/ The certificate of satisfaction of fire prevention and fighting conditions or written record on fire prevention and fighting safety inspection;
d/ The curricula vitae of persons defined in Clause 1, Article 4 of this Decree (with photos and certification of commune-level People's Committees or state bodies directly managing them). For foreigners or overseas Vietnamese, the personnel declaration, the photocopies of their passports and stay permits are required (with the originals thereof to be produced for examination).
2. Within 7 working days after the receipt of complete and valid dossiers, competent public security offices shall complete the grant of certificates of satisfaction of security and order conditions for organizations or individuals. In case of failure to meet the conditions, they shall reply in writing, clearly stating the reasons.
3. Charges and fees for the grant, change or renewal of certificates of satisfaction of security and order conditions comply with regulations of the Finance Ministry.
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