Clubs · Nov 16, 2024 · 8 min read
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Clubs · Nov 16, 2024 · 8 min read
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Managing industries and businesses with conditional investment concerning security and order is crucial for ensuring social safety and sustainable economic development. This article analyzes common violations in this area and the legal consequences businesses may face, thereby raising awareness and encouraging legal compliance.
Administrative penalty level according to regulations vI violate regulations on management of investment and business sectors subject to security and order conditions in Decree 144/2021/ND-CP at the following:
1. Fine from 1,000,000 VND to 2,000,000 VND for one of the following acts:
a) Report quarterly on the situation and results of implementation of regulations on security and order that are not on time, not honest, or incomplete according to regulations of the Ministry of Public Security;
b) Making management books and storing data and business activities that are incorrect or incomplete according to regulations of the Ministry of Public Security;
c) More than 05 days from the date of business operation without a written notice enclosed with a copy of the Certificate of satisfaction of security and order conditions sent to the Police of the commune, ward or town where the establishment operates business. joint;
d) More than 10 days from the date of temporary suspension of operations without a written notification to the Police agency that issued the Certificate of satisfaction of security and order conditions and the Police of the commune, ward or town where the facility is located. work;
d) More than 03 working days from the date of discovering the loss of the Certificate of satisfaction of security and order conditions but there is no written notification to the Police agency that issued the Certificate of satisfaction of security and order conditions on one's own;
e) More than 05 days from the date of implementing the protection target in provinces and centrally run cities outside the scope of the security service business's headquarters, but the security service business does not have a written document. A notice enclosed with relevant documents sent to the Police of the commune, ward or town where the protection objective is implemented;
g) Failure to issue or publicly post the process and procedures for receiving seal production dossiers and the price for stamp engraving at the seal production facility;
h) Failure to present the original Certificate of satisfaction of security and order conditions when requested for inspection by a competent police agency.
2. Fine from 2,000,000 VND to 5,000,000 VND for one of the following acts:
a) Failure to report quarterly on the situation and results of implementation of security and order regulations to the Police agency that has issued the Certificate of satisfaction of security and order conditions;
b) Failure to unexpectedly report incidents related to security and order occurring at the business establishment to the Police agency that has issued the Certificate of satisfaction of security and order conditions and the Commune Police, Ward or town where the business operates;
c) Failure to prepare a business management book appropriate to the type of business and investment industry as prescribed by law;
d) Failure to develop a plan to ensure security and order for industries and professions that are required by law to have a plan to ensure security and order;
d) Failure to arrange a warehouse to preserve raw materials, goods, or business products or arranging a warehouse that does not meet the requirements as prescribed by law;
e) Employing employees who do not meet the conditions and standards to work in business establishments with security and order conditions for industries and occupations as prescribed by law must ensure standards and conditions. for employees;
g) Failure to fully comply with regulations on responsibility for ensuring security and order when conducting conditional investment and business activities;
h) Failure to keep copies of identification papers of the person pawning the property according to the provisions of law;
i) Providing paintball gun usage services to customers under 18 years old;
k) Failure to arrange medical staff on duty at the location where the service takes place to use paintball guns to handle incidents that occur during the provision of this service;
l) Failure to check and store copies of identification documents of customers coming for cosmetic surgery as prescribed by law;
m) Failure to fully implement the process of checking and storing information of guests and visitors as prescribed by law;
n) More than 03 working days from the date of changing the person responsible for security and order of the business establishment without written notification to the Police agency that issued the Certificate of security eligibility , order.
3. Fine from 5,000,000 VND to 10,000,000 VND for one of the following acts:
a) Failure to properly and fully maintain security and order conditions during business operations;
b) Providing information in documents that is not factually correct to apply for a Certificate of satisfaction of security and order conditions;
c) Falsifying records and documents to apply for a Certificate of satisfaction of security and order conditions;
d) Erasing, altering or falsifying the content of the Certificate of eligibility for security and order or Certificate of security operations;
d) Lending, leasing, buying, selling Certificates of satisfaction of security and order conditions;
e) Doing business at the wrong location as stated in the Certificate of satisfaction of security and order conditions;
g) Directly hand over the seal to the customer without transferring the seal to the competent Police agency for registration according to the provisions of law;
h) Providing designs of seal samples of agencies and organizations to unauthorized people;
i) Pledge property but do not make a mortgage contract according to the provisions of law;
k) Pledge property without keeping the mortgaged property or without keeping the original certificate of ownership of the mortgaged property at the business establishment during the period of pledging the property according to regulations. By law, there must be a certificate of ownership of that property;
l) Pledge property owned by another person without a valid power of attorney from that person to the person pawning the property;
m) Sell or provide signal transmitters of vehicles with priority rights to those who do not have a license to use the above equipment or have a license to use it but not in accordance with the content stated in the license of the competent authority. authority according to the provisions of law;
n) Manufacturing, importing, buying, selling vehicle signaling equipment has priority rights that exceed sound and light standards for horn and light equipment according to the provisions of law;
o) Employing foreigners or Vietnamese residing abroad as people responsible for security and order of security service establishments or to directly run business activities or as service staff. security service;
p) Failure to equip or improperly equipping security service staff with uniforms and signs as prescribed by law;
q) Operating security service business but not signing contracts with individuals or organizations hiring security services;
r) Selling or providing devices that jam or disrupt mobile communications signals to agencies, organizations, and individuals that have not been licensed or approved in writing by a competent authority;
s) Not using enough or not using security guards who are employees of security service establishments in the business of discotheques or prize-winning electronic games for foreigners or casinos according to regulations of the law;
t) Using security service staff who have not been granted a Security Professional Certificate.
4. Fine from 10,000,000 VND to 20,000,000 VND for one of the following acts:
a) Business activities in investment or business lines subject to security and order conditions when the Certificate of satisfaction of security and order conditions has not been issued or has been revoked or is being stripped of the right to use the Certificate of eligibility for security and order. ;
b) Irresponsibility allows acts that harm security and order, acts that violate the law, acts contrary to ethics, good customs and traditions of the nation at directly managed business establishments;
c) Producing seals of state agencies, organizations, and titles without having a seal sample transfer form from the seal sample registration agency according to the provisions of law;
d) Providing pawnshop services to lend money with assets pledged but the lending interest rate exceeds the interest rate prescribed by the Civil Code;
d) Not registering a business investment industry with conditions on security and order but lending money with or without mortgage of assets but the loan interest rate exceeds the interest rate prescribed by law. Civil Code;
e) Failure to preserve pledged assets or preserving pledged assets at the wrong place registered with a competent authority;
g) Providing security services for subjects, targets or illegal activities;
h) Failure to fully record customer information in the management book according to the prescribed form and failure to save copies of identification documents of customers participating in the service when operating a casino or trading electronic games with prizes for foreigners. outside;
i) Buying, selling, importing goods, military equipment and military equipment products without keeping complete records and documents as prescribed by law;
k) Selling or providing military equipment and military products to entities that have not been licensed or approved in writing by a competent authority.
5. Fine from 20,000,000 VND to 40,000,000 VND for one of the following acts:
a) Taking advantage of investment and business activities that have conditions on security and order to commit acts that harm security and order, or acts contrary to the ethics, good customs and traditions of the country. nation;
b) Pledge property obtained through theft, fraud, appropriation or another person's crime without being prosecuted for criminal liability;
c) Security service activities that use force or threaten to use force for the purpose of intimidating, obstructing, causing difficulties for the normal activities of agencies, organizations, individuals or violating the rights , legitimate interests of agencies, organizations and individuals;
d) Using force, threatening to use force or using other measures not permitted by law to collect debt;
d) Forging the Certificate of satisfaction of security and order conditions; Security professional certificate;
e) Using a fake Certificate of satisfaction of security and order conditions; Fake security professional certificate.
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