The Ministry of Public Security has consulted the people on the draft Circular amending and supplementing a number of articles of Circular 46/2014/TT-BCA detailing a number of articles of Decree No. 06 of 2013 of the Government regulations on the protection of corporate bodies. So about the matter “Decree on protection of agencies and businesses in Vietnam” Let’s find out with LSX in the article below.
Legal basis
- Decree 06/2013/ND-CP on protection of corporate bodies
Governing scope of the Decree
This Decree stipulates the functions, tasks, powers, organization, activities, regimes and policies for security forces at state agencies, enterprises, political organizations and political organizations. socio-political organizations, socio-political-professional organizations, socio-professional organizations, and social organizations established under the provisions of Vietnamese law (hereinafter referred to as agencies, enterprises, etc.) ).
Decree on protection of agencies and businesses in Vietnam
This Decree applies to Vietnamese agencies and enterprises; foreign enterprises and organizations operating in the territory of the Socialist Republic of Vietnam and agencies, organizations and individuals involved in protection activities of agencies and enterprises. Agencies and enterprises managed by the People’s Police and the People’s Army are not subject to the application of this Decree.
In case an international treaty to which Vietnam is a contracting party contains other provisions, the provisions of such international treaty shall apply.
Principles of organization and operation of security forces of agencies and enterprises
1. Organizations to protect agencies and enterprises established by decisions of the heads of agencies or enterprises; under the direct direction and management of the head of the agency or enterprise, and to guide and inspect the security profession of the police agency.
2. The organization and operation of the security forces of agencies and enterprises must strictly comply with the provisions of this Decree and other relevant laws. All acts of taking advantage of the name of protecting agencies and enterprises to commit illegal acts or infringing upon the legitimate rights and interests of organizations and individuals are strictly prohibited.
Contents of the Decree
Responsibilities of heads of agencies and enterprises and officials and employees in agencies and enterprises
1. Responsibilities of heads of agencies, state enterprises and political organizations:
a) Take full responsibility for ensuring security, order and safety of assets of agencies and enterprises; direct the elaboration, organization and inspection of the implementation of plans and regulations on protection of agencies and enterprises; direct the security forces of agencies and enterprises to regularly coordinate with the police force and local authorities in the implementation of protection plans and plans; to build a force to protect clean and strong agencies and enterprises;
b) Based on the requirements, nature and size of the agency or enterprise to decide on the appropriate form of organization of the security force of their agency or enterprise; to ensure conditions on physical foundations, workplaces, equipment and professional means in service of the security forces’ operations;
c) To assume the prime responsibility for, and coordinate with competent police agencies in, organizing training, retraining and professional training for security forces; organize the implementation of documents directing and providing professional guidance of the Ministry of Public Security on the work of ensuring security and order at agencies and enterprises.
2. Heads of organizations and units using state budget are not allowed to hire security services on a regular and long-term basis (except in some fields as prescribed by the Ministry of Public Security). In case it is necessary to mobilize forces and means to protect security, order and safety at conferences, seminars or other necessary cases, they may hire security services from security service enterprises according to the provisions of law. job or seasonality.
3. Heads of other agencies or enterprises shall perform the responsibilities specified at Points a, b and c, Clause 1 of this Article and Clause 2, Article 11 of this Decree.
4. Officers and employees in agencies and enterprises are responsible for participating in building, assisting and creating favorable conditions for security forces to perform their tasks.
Tasks of the force protecting agencies and businesses
1. Security forces of state agencies, enterprises and political organizations have the following tasks:
a) Take professional measures as prescribed by law and guide the security profession of the police force to prevent, detect and stop illegal acts, violations of security regulations; agencies and enterprises; promptly propose to the heads of agencies and enterprises handling measures;
b) Directly control people entering and exiting the agency or enterprise. When incidents related to security, order and safety of the agency occur, the enterprise must organize the protection of the scene, protect the assets of the agency or enterprise, give first aid to victims, and arrest the offenders. the crime and immediately report it to the nearest police agency;
c) Comply with regulations on fire prevention and fighting and maintaining public order;
d) To act as the core in the movement of all people to protect national security in agencies and enterprises; building safe agencies and businesses;
dd) Cooperate with the police of the commune, ward or township where the agency or enterprise is located in the task of grasping the situation, ensuring security, order and safety of the agency or enterprise; propose to the heads of agencies and enterprises to develop regulations on protection of agencies and enterprises, plans and measures to prevent and combat crimes and other law violations in agencies and enterprises;
e) Comply with regulations on management of rudimentary weapons, combat gears, explosives, flammables and toxic substances (if any); assisting heads of agencies and enterprises in coordinating with police agencies to manage and educate people with criminal records and those who have completed handling of other administrative violations who are working at agencies and enterprises;
g) Coordinating with mass organizations in agencies and enterprises in propagating and disseminating the law in order to raise people’s sense of vigilance; guide mass organizations to participate in the protection of security, order and safety in agencies and enterprises;
h) Perform other specific tasks to protect agencies and enterprises assigned by the heads of agencies or enterprises in accordance with law.
2. Security forces of other agencies and enterprises shall perform the tasks specified at Points a, b, c, d, dd, g, h, Clause 1 of this Article.
Powers of security forces of agencies and enterprises
In fact and according to the provisions of law, the security force of agencies and enterprises has the following basic powers:
Security forces of state agencies, enterprises and political organizations have the right to inspect and urge departments, units, and officers and employees in agencies and enterprises to comply with regulations of the law on security and order and rules to protect agencies and enterprises.
While on duty, security forces of state agencies, enterprises and political organizations have the right to inspect papers, goods and means of entry and exit if there are signs of law violation. or violate the regulations of the agency or enterprise.
Security forces of state-owned agencies, enterprises and political organizations have the right to conduct verification of cases and incidents occurring at agencies and enterprises according to the competence assigned by the heads of agencies or enterprises. or at the request of the competent police agency.
Security forces of agencies, state enterprises and political organizations have the right to refuse to comply with illegal requests while performing their protection duties and must report them to competent authorities for handling according to regulations. provisions of Vietnamese law.
– Some other specific powers.
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Frequently asked questions
Article 9 of the Decree provides as follows:
Advising and assisting Party committees and leaders of agencies and enterprises in formulating and organizing the implementation of security rules and plans; ensure security, order and safety of agencies and enterprises; implement security requirements under the direction and guidance of competent police agencies.
To organize the implementation of requirements, tasks and measures for the protection of security, order and safety of agencies and enterprises.
Article 12 of the Decree provides as follows:
Organize security forces at state agencies, enterprises, and political organizations within the organizational system of agencies and enterprises; Depending on the requirements, size and nature of agencies and enterprises, departments, divisions, teams, and groups of security shall be established.
Organize security forces at other agencies and enterprises to be established or not established by the Board of Directors, the Members’ Council or the head of the agency or enterprise, in a form suitable to the requirements. demand, size and nature of the agency or enterprise.
Security forces of state agencies, enterprises and political organizations have the following powers:
a) Inspect and urge departments, units and officers and employees in agencies and enterprises to comply with the provisions of law on security and order and internal regulations on protection of agencies and enterprises. ;
b) While on duty, may inspect papers, goods and means of entering and exiting the agency or enterprise if there are signs of law violation or violation of the regulations of the agency or enterprise;
c) Carry out verification of cases and incidents occurring at agencies or enterprises according to the competence assigned by the heads of agencies or enterprises or at the request of competent police agencies;
d) Refusing to comply with illegal requests while performing their protection duties and having to report them to competent authorities for handling in accordance with law.
Conclusion: So the above is Decree on protection of agencies and businesses in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
