On July 24, 2023, the Government issued Decree No. 56/2023/ND-CP ("Decree 56") to amend and supplement specific provisions of Decree No. 96/2016/ND-CP on the conditions for security and order regarding specific sectors and occupations with conditional business investments, and Decree No. 99/2016/ND-CP on the management and use of seals.
Some essential contents of Decree 56 are as follows:
1. Delegating authority to issue certificates on security and order for business establishments to lower levels
a) Transferring certain cases under the jurisdiction of the Ministry to the provincial level:
Specifically, the Social Order Administrative Management Police Department ("SOCAP") of the provinces and centrally-run cities will have the authority to issue Certificates for certain business establishments operating in the following fields:
- Business of transporting industrial explosives and explosive precursors;
- Businesses in sectors using industrial explosives for exploration and exploitation of minerals, and petroleum within the Vietnamese continental shelf;
- Business of various types of fireworks.
b) Delegating the authority to issue certificates for lodging service businesses to lower-level police agencies:
- SOCAP will only issue certificates for lodging service establishments with a scale of over 20 rooms.
- District-level police will issue certificates for lodging service establishments with a scale of 10 to 20 rooms.
- Commune-level police will issue certificates for lodging service establishments with a scale of under 10 rooms.
c) Additionally, Commune-level police will be granted the authority to issue certificates for individual gas businesses.
2. Officially abolishing the requirement for permanent residency for individuals responsible for security and order in pawnshop service businesses
Previously, in Decision 641/QD-TTg, the Ministry of Public Security recommended abolishing the requirement that individuals responsible for security and order in pawnshop service businesses must have permanent residency in the commune, ward, or township where the business is registered for at least 5 years. This recommendation was planned to be revised in 2023. This content has been updated by ATA here.
In line with the above plan, Decree 56 has officially abolished this requirement. Starting from August 15, 2023, individuals responsible for security and order in pawnshop service businesses are no longer required to have permanent residency for at least 5 years in the commune, ward, or township where the business is registered. This will facilitate the operation of those who wish to conduct pawnshop services.
Decree 56 shall take effect from August 15, 2023.
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