Post-inspection to be conducted with respect to enterprises performing business lines involving security and order conditions

Within a time-limit of sixty (60) days from the date the enterprise is granted a new, renewed or re-issued Certificate of satisfaction of security and order conditions, the competent police body will carry out post-inspection procedures as follows:

a.              Inspecting the conditions for the person in charge of security and order of the enterprise (applicable only in case of doubt) in the form of background check for Vietnamese in Vietnam or foreigners and Vietnamese residing overseas holding foreign passports; and

b.             Directly inspecting the security and order conditions at the enterprise.

In cases where the enterprise fails to meet one of the conditions on security and order, it will be handled as follows:

(i)            Sending a written notification requiring the enterprise to suspend the business lines or stages of the investment process and requesting the enterprise to remedy violations of security and order conditions within forty (40) days;

(ii)          Where the enterprise makes a written report on the compliance with the security and order conditions, the competent police body will have the responsibility to examine such correctness. If the conditions are satisfied, this must be inscribed in the minutes so that the enterprise may continue its operation of the business lines or stages of the investment process previously suspended; and

(iii)        If, within the above forty (40) days, the enterprise fails to remedy the breach of security and order conditions, the competent police body will issue a decision to indefinitely revoke the Certificate of satisfaction of security and order conditions for business lines or stages of the investment process previously suspended.

The above are some notable provisions of Circular No. 42/2017/TT-BCA dated 20 October 2017 issued by the Minister of Public Security detailing a number of articles of Decree No. 96/2016/ND-CP dated 1 July 2016 regulating conditions on security and order in some conditional business lines. Circular No. 42/2017/TT-BCA officially came into effect on 6 December 2017.