Where to apply for a security and order permit? Which agency issues it?

Applying for a security and order permit is a legal procedure that businesses must carry out when falling into cases prescribed by law. The application for permission will be granted by the competent authority when the prescribed conditions are met. The following article will provide you with detailed regulations related to applying for a security and order permit.

Cases requiring a security and order permit

According to Article 3 of Decree 96/2016/ND-CP, regulating security and order conditions for a number of conditional investment and business sectors, investment and business sectors with security and order conditions need to apply for a security and order license including 23 main sectors.

Some common occupations that require a security and order license include: pawnshop services, massage services, security services, karaoke services, discotheques, and accommodation services (hotels, motels).

There are also industries such as stamp production, support tool business, debt collection service business, casino business, gas business, industrial explosives business, printing service business.

Of special note, for the accommodation service business, accommodation establishments according to the provisions of the Law on Tourism and other forms of accommodation rental services (hourly and overnight stays) must apply for a license. However, organizations and individuals that have houses to rent to Vietnamese or foreigners (with rental contracts) for living, studying, and working are not covered by the Decree.

Conditions for applying for a security and order permit

To be granted a security and order permit, business establishments must meet the conditions specified in Article 7 of Decree 96/2016/ND-CP and specific conditions in Article 9 of Decree 96/2016/ND-CP amended and supplemented by Clause 1, Article 1 of Decree 56/2023/ND-CP.

1. General conditions applicable to all business establishments include:

• Registered, licensed or established in accordance with Vietnamese law.
• For Vietnamese people: The person responsible for security and order of the business establishment is not in the case of being criminally prosecuted, has a criminal record for crimes of infringing on national security, is serving a sentence, is being subjected to educational measures at the commune, or is addicted to drugs.
• For Vietnamese residing abroad holding foreign passports and foreigners: People responsible for security and order of business establishments are not in the cases that have not been granted residence permits by competent Vietnamese agencies.
• Meets all conditions for fire prevention and fighting safety according to the provisions of law on fire prevention and fighting.

2. Special conditions for pawnshop service business: During the 5 years immediately preceding the time of business registration, the person responsible for security and order of the establishment shall not be administratively sanctioned for one of the following acts:

• Resisting people performing public duties.
• Disturbing public order.
• Intentionally causing injury.
• Lending at high interest rates.
• Gambling, organizing gambling or gambling.
• Theft of property.
• Fraudulent appropriation of property.
• Illegal possession of property.

Procedures for applying for a security and order permit

Licensing agency

According to the provisions of Article 14 of Decree 96/2016/ND-CP amended and supplemented by Clause 2, Article 1 of Decree 56/2023/ND-CP, agencies competent to issue Certificates of satisfaction of security and order conditions include:

• The dossier receiving department of the Commune Police is the place to initially receive dossiers. Depending on the type of business, the Commune Police will transfer the application to the District or Provincial Police for review and issuance of the Certificate.
• Provincial police have the authority to issue Certificates for professions such as trading in industrial explosives, explosive precursors, producing seals, trading in support tools, paintball guns, trading in security services, trading in casinos, and prize-winning electronic games.
• District-level police have the authority to issue Certificates for professions such as pawnshop services, massage, karaoke, dance halls, accommodation services, printing and other professions that are not under the jurisdiction of the Provincial Police.

File

Pursuant to Article 19 of Decree 96/2016/ND-CP amended and supplemented by Decree 56/2023/ND-CP, the application for a Certificate of satisfaction of security and order conditions includes:

• Written request for a Certificate of satisfaction of security and order conditions of the business establishment (Form No. 03 in the Appendix issued with Decree 56/2023/ND-CP). This is the official declaration showing the business’s need for a license.
• A valid copy of one of the following documents such as Business Registration Certificate, Enterprise Registration Certificate, Investment Registration Certificate, Operation Registration Certificate of branches and units under the enterprise; Certificate of registration of cooperatives and cooperative unions; Certificate of registration of branches and business locations of cooperatives and unions of cooperatives; Operating license from a competent Vietnamese state management agency; Business household registration certificate; Document of establishment or permission to operate together with document notifying tax code for revenue-generating public service units.
• In case the above documents do not show the business investment industry or profession, the business establishment must supplement documents proving the business investment industry and profession in which the business establishment operates and request it to be recorded in the Certificate of satisfaction of security and order conditions approved by the business registration agency or competent authority (for business establishments that are enterprises, the Police agency will exploit this document on the National Business Registration Portal).
• Valid copies of papers and documents proving the assurance of fire prevention and fighting safety conditions for the business area and warehouse for storing raw materials and goods.
• Curriculum vitae (Form No. 02 in the Appendix issued with Decree 56/2023/ND-CP) enclosed with a judicial record card or Personal Declaration (Form No. 02b in the Appendix issued with Decree 56/2023/ND-CP) of the person responsible for security and order of the business establishment.

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Procedure

Pursuant to the provisions of Article 23 of Decree 96/2016/ND-CP amended and supplemented by Decree 56/2023/ND-CP, the procedure for applying for a security and order license generally includes the following steps:

Step 1: Prepare documents

Business establishments prepare 01 set of documents according to regulations to request new issuance, renewal or re-issuance of Certificate of satisfaction of security and order conditions.

Step 2: Submit application

• Case 1: If a business location has many different industries and occupations but belongs to the same business establishment, the application is submitted to the police agency with the highest authority to issue a Certificate for all those industries and occupations.
• Case 2: If a business location has many different industries and occupations but belongs to many different business establishments, each business establishment must submit a separate set of documents to the police agency with the highest authority to issue a Certificate to each establishment.
• Case 3: If the branch or business establishment is located in a location other than the head office and under the management authority of another Police agency, the application will be submitted to the Police agency where the branch or business establishment is located.

 Step 3: Choose the form of application submission

Business establishments can submit applications in one of three ways:

• Submit directly to the competent police agency.
• Submit via public postal service.
• Submit online via the National Public Service Portal or the Ministry of Public Security Public Service Portal (except for documents that are not allowed to be posted according to regulations).

 Step 4: Process documents and issue Certificate

Document processing time:

• No more than 05 working days for new documents.
• No more than 04 working days for renewal or reissue documents.

If the application is invalid or the Certificate is refused, the Police agency must respond in writing within 4 working days, clearly stating the reason for the refusal.

Step 5: Get results

Business establishments receive the Certificate of satisfaction of security and order conditions at the Police agency that submitted the application or through the postal service if they register to receive results by post.

Full security and order permit application service at Long Phan Consulting Company

Long Phan Consulting Company provides comprehensive consulting and support services during the process of applying for a security and order permit. We provide the following services:

• Consulting on conditions for applying for a security and order permit;
• Consulting on time to complete permit application procedures;
• Drafting relevant documents and documents;
• Authorized representative submits documents and works with competent authorities;
• Receive results and hand them over to customers.

Frequently asked questions about applying for a security and order permit

How long is a security and order license valid?

Certificate of satisfaction of security and order conditions is valid for 5 years.

Is it mandatory to apply for a security and order permit before doing business?

That’s right, businesses in industries with security and order conditions must apply for a license before operating.

If you violate the regulations on security and order, how will you be handled?

Violations may be subject to administrative sanctions or criminal prosecution depending on the severity of the violation.

What changes in business operations need to be reported to the police?

Changes in the person responsible for security and order, business location, and business lines need to be notified.

In what cases can a business establishment have its security and order permit revoked?

The license may be revoked if the business establishment seriously violates regulations on security and order, or no longer meets the licensing conditions.

What types of accommodation service business include?

Accommodation service business includes accommodation establishments according to the provisions of the Law on Tourism and other forms of accommodation rental services (hourly and overnight stays)

For Vietnamese people residing abroad holding foreign passports and foreigners, what conditions are needed to be granted a security and order permit?

The person responsible for security and order of the business establishment is not in the cases that have not been granted a residence permit by a competent Vietnamese agency.

How long does it take to process an application to renew or re-issue a security and order permit?

The processing time for renewal and re-issuance applications is no more than 4 working days.

How to apply for a security and order permit?

Business establishments can submit applications in one of three ways: Submit directly to the competent Police agency, Submit via public postal service, Submit online via the National Public Service Portal or the Public Service Portal of the Ministry of Public Security (except for documents that are not allowed to be posted according to regulations).

If the application is invalid or the Certificate is refused, how many working days must the Police agency respond in writing?

If the application is invalid or the Certificate is refused, the Police agency must respond in writing within 4 working days, clearly stating the reason for the refusal.

Conclude

Thus, in cases where a security and order permit is required, customers must carry out licensing procedures from competent authorities before operating business. If you have any questions or difficulties, please contact us immediately via the hotline 0906735386 to receive support from a team of experts with competitive fees and quick resolution.