Measures for the Implementation of the Regulations on the Administration of Security Services by Public Security Organs
Release time:
2021-03-15 09:41
Order of the Ministry of Public Security of the People's Republic of China
(No. 112)
The Measures for the Public Security Organs to Implement the Regulations on the Administration of Security Services, which were adopted at the executive meeting of the Ministry of Public Security on December 29, 2009, are hereby issued for implementation.
Minister of Public Security Meng Jianzhu
February 3, 2010
Chapter I General Provisions
Article 1 In order to regulate the supervision and administration of security services by public security organs, these Measures are formulated in accordance with the Regulations on the Administration of Security Services (hereinafter referred to as the Regulations) and relevant laws and administrative regulations.
Article 2 The Ministry of Public Security shall be responsible for the supervision and administration of security service activities throughout the country. Local public security organs at all levels shall, in accordance with the principle of territorial management and hierarchical responsibility, supervise and manage security service activities in accordance with the law.
Article 3 The public security organs at the provincial level shall be responsible for the supervision and administration of the following security services:
(I) and guide the public security organs of the province (autonomous region) to supervise and manage the security practitioners, security training units, security guards and security service activities;
(II), issue and revoke the security service license of the security service company and the security training license of the security training unit;
(III) review the change of the legal representative of the security service company;
(IV) accept the record of the people's police academies and schools and the people's police training institutions that undertake the training of security guards in the use of guns;
The (V) shall supervise and administer other security services in accordance with the law.
In addition to exercising the supervision and management functions of security services of provincial public security organs, public security organs directly under the Central Government may also directly accept applications for the establishment of security service companies or security training units, issue security guard certificates, and accept security service companies to provide security services across provinces, autonomous regions, and municipalities. Record.
Article 4 The public security organs of cities divided into districts shall be responsible for the supervision and administration of the following security services:
(I) accept and examine the application materials for the establishment of security service companies and security training units;
(II) accept the filing of security service companies to set up branches, carry out security service activities across provinces, autonomous regions and municipalities directly under the Central Government, and recruit security guards on their own;
(III) organize the examination of security guards, and issue and revoke the security guard certificate;
(IV) supervise and inspect the security service activities;
The (V) shall supervise and administer other security services in accordance with the law.
Article 5 The public security organs at the county level shall be responsible for the supervision and administration of the following security services:
(I) supervise and inspect the security service activities;
(II) assist in the filing management of units that recruit security guards on their own;
(III) accept the security guard examination registration, collect security guard fingerprint;
The (IV) shall supervise and administer other security services in accordance with the law.
The police station is responsible for the daily supervision and inspection of the security service activities of the unit that recruits security guards on its own.
Article 6 Public security organs at all levels shall specify the competent agency for security services and shall be responsible for the supervision and administration of security services.
Railway, transportation, civil aviation public security organs and forest public security organs are responsible for the daily supervision and inspection of security services within their jurisdiction.
The public security organs of the Xinjiang Production and Construction Corps are responsible for the supervision and administration of security services within their jurisdiction.
Article 7 The security service industry association shall, under the guidance of the public security organs, carry out the self-discipline work of the security service industry such as providing services, standardizing behaviors, and reflecting demands.
Under the guidance of the Ministry of Public Security, the National Security Service Industry Association conducts work such as recommending security guard clothing styles, designing national unified security service signs, formulating security service standards, conducting security service enterprise qualification certification, and assisting in organizing security guard examinations.
Article 8 the public security organs shall, in accordance with the relevant provisions of the State, commend and reward security units and security guards who have made outstanding contributions to the protection of public property and the safety of people's lives and property, and to the prevention and suppression of illegal and criminal activities.
If a security guard is injured or injured at work, he shall enjoy the treatment of industrial injury insurance in accordance with the relevant provisions of the state on industrial injury insurance, and the public security organ shall assist in the implementation of the treatment of industrial injury insurance; if the security guard dies on duty, the public security organ shall, in accordance with the relevant provisions of the state, do a good job in recommending martyrs.
Chapter II Licensing and Filing of Security Practitioners
Article 9 To apply for the establishment of a security service company, the following materials shall be submitted to the public security organ of a city divided into districts:
Application for the establishment of a (I) (which shall specify the name, domicile, registered capital, shareholders and capital contributions, business scope, etc. of the security service company to be established);
(II) verification certificate of registered capital of more than 1 million yuan issued by a legally established capital verification institution with legal qualifications belongs to state-owned assets, the assets shall be evaluated in accordance with the provisions of relevant laws and administrative regulations, and relevant documents shall be provided;
(III) the valid identity documents and resumes of the legal representative, general manager, deputy general manager and other major management personnel of the proposed security service company, a copy of the qualification certificate of the security division, more than 5 years of military, public security, security, trial, procuratorial, judicial administration or Proof of work experience in public security and security, and proof of no criminal punishment, reeducation through labor, custody and education, compulsory isolation and detoxification issued by the county-level public security organ;
Valid documents (IV) the ownership or use right of the residence of the proposed security service company and relevant equipment, transportation and other materials required for providing security services;
The list of (V) professional and technical personnel and the qualification certificates required by laws and administrative regulations;
(VI) organization and security service management system, post responsibility system and security guard management system materials;
The notice of pre-approval of the enterprise name issued by the (VII) administrative department for industry and commerce.
Article 10 To apply for the establishment of a security service company that provides armed guard and escort services, in addition to submitting the materials specified in Article 9 of these Measures to the public security organs of districts and cities, the following materials shall also be submitted:
Valid documents (I) registered capital of more than 10 million yuan;
Valid documents certifying that the (II) capital contribution is wholly state-owned or that the state-owned capital accounts for more than 51% of the total registered capital;
(III) the materials of the guarding and escorting personnel who meet the conditions stipulated in the Regulations on the Use of Guns by Full-time Guarding and Escorting Personnel;
(IV) materials for special transport vehicles and communication and alarm equipment that meet national or industrial standards;
Materials (V) the safety management system for firearms and the situation of storage facilities.
If a security service company applies for additional armed guard escort business, it is not required to submit the materials specified in Article 9 of these Measures.
Article 11 To apply for the establishment of a Sino-foreign equity joint venture, Sino-foreign cooperative joint venture or wholly foreign-owned security service company (hereinafter collectively referred to as a foreign-funded security service company), in addition to the materials specified in Articles 9 and 10 of these Measures, the following materials shall also be submitted to the public security organ:
(I) contracts of Sino-foreign joint ventures and Sino-foreign cooperation;
(II) the credit certificate and registration documents of the foreign party;
(III) the legal representative, general manager, deputy general manager and other major management personnel of the proposed security service company are foreigners, they must provide a certificate of no criminal punishment record in the country or region to which they belong (issued by the police agency of the original place of residence and notarized by the notary authority), a certificate of more than 5 years of security operation and management work experience, and a copy of the security division qualification certificate obtained in China.
If a security service company that has been established before the implementation of these Measures reapplies for a security service license, and the proposed legal representative, general manager, deputy general manager and other major management personnel are foreigners, in addition to the materials specified in Item 3 of the preceding paragraph, A copy of the foreigner's employment permit shall also be submitted.
Article 12 the public security organs at the provincial level shall, in accordance with the principles of strict control, prevention of monopoly, moderate competition and ensuring safety, put forward the planning and layout plan of the armed guard escort service company and submit it to the Ministry of public security for approval.
Article 13 the public security organ of a city divided into districts shall, within 15 working days from the date of receiving the application materials for the establishment of a security service company, examine and verify the authenticity of the materials submitted by the applicant, confirm whether they are true or not, and report the examination opinions to the local public security organ at the provincial level. For the establishment of an application to provide armed guard escort and security technology to prevent alarm monitoring and operation services, the business premises, facilities construction and other conditions shall be inspected on the spot.
After receiving the application materials for the establishment of a security service company and the examination opinions of the public security organs of districts and cities, the provincial public security organs shall make a decision within 15 working days:
If the (I) complies with the provisions of Articles 8 and 10 of the Regulations and Article 12 of these Measures, it shall decide to issue a security service license, or add an armed guard escort service to the existing security service license;
If the (II) does not comply with the provisions of Articles 8 and 10 of the Regulations and Article 12 of these Measures, it shall make a decision not to grant the license, notify the applicant in writing and explain the reasons.
Article 14 An applicant who has obtained a security service license shall submit a copy of the business license to the provincial public security organ that issued the security service license within 30 working days after the industrial and commercial registration.
If the industrial and commercial registration is not completed for more than 6 months after obtaining the security service license, the security service license shall be invalid, and the issuing public security organ shall withdraw the security service license.
Article 15 Where a security service company establishes a branch, it shall, within 15 working days from the date of establishment of the branch, file a record with the public security organ of the city divided into districts where the branch is located, and accept the supervision and management of the public security organ of the place where the record is located. The following materials shall be submitted for filing:
Copy of (I) security service license and industrial and commercial business license;
Basic information of the legal representative of the (II) security service company, the person in charge of the branch and the security guard;
(III) the security service projects to be carried out.
Article 16 If a security service company intends to change its legal representative, it shall apply to the public security organ of the city divided into districts where it is located. The public security organ of a city divided into districts shall, within 15 working days after receiving the application, conduct an examination and report to the local public security organ at the provincial level. The provincial public security organ shall review and reply within 15 working days after receiving the application materials.
Article 17 Where a provincial public security organ permits the establishment of a security service company that provides armed guard and escort services, as well as a Sino-foreign joint venture, Sino-foreign cooperative or wholly foreign-owned security service company, it shall be reported to the Ministry of Public Security for the record.
Article 18 Organs, organizations, enterprises, institutions that recruit security guards on their own to engage in the safety and prevention work of their own units, as well as property service enterprises that carry out services such as order maintenance in the property management area, shall, within 30 working days from the date of starting the security service, file with the public security organ of the city divided into districts where it is located. The following materials shall be submitted for filing:
Certificate of legal person qualification of the (I) unit;
Basic information of the legal representative (main person in charge) of the (II), the person in charge of the security service and the security guard;
Basic information of (III) security service area;
(IV) the establishment of security service management system, post responsibility system and security guard management system;
(V) on-the-job training of security guards on legal and security professional knowledge and skills.
Chapter III Application for Security Guard Certificate and Recruitment of Security Guard
Article 19 An application for a security guard certificate shall meet the following conditions:
(I) Chinese citizens who have reached the age of 18;
(II) good health and conduct;
(III) junior high school degree or above;
(IV) to participate in the security guard examination, the results are qualified;
(V) there is no situation stipulated in Article 17 of the Regulations.
Article 20 To participate in the security guard examination, the person or the security practice unit or the security training unit shall organize to register with the county-level public security organ where he lives, fill in the registration form (which can be downloaded from the website of the local public security organ government), and pay the examination fee in accordance with the relevant provisions of the state. The following materials shall be submitted for registration:
(I) valid identity documents;
(II) medical certificate issued by a hospital at or above the county level;
Certificate of (III) junior high school education or above.
The public security organ at the county level shall keep the fingerprints of the examination applicant, collect digital photos, and inform the time of receiving the admission ticket on the spot.
Article 21 if the public security organ at the county level examines the application materials of the applicant and meets the provisions of items 1, 2, 3 and 5 of Article 19 of these measures, it shall be reported to the public security organ of the city divided into districts to issue the admission ticket and notify the applicant to receive it.
Article 22 The public security organs of districts and cities shall reasonably plan and set up test centers according to the number of local applicants and the needs of the security service market, and announce the test method (computer test or paper test) and time in advance, and the test shall not be less than 2 times a year.
The examination questions are randomly selected from the security guard examination question bank of the Ministry of Public Security. Candidates with admission cards and valid identity documents to participate in the examination.
Article 23 If the applicant passes the examination, the public security organ of the city divided into districts shall issue a security guard certificate, and the public security organ at the county level shall notify the applicant to obtain it.
24th security units directly engaged in security services personnel should hold a security guard certificate.
A security practitioner shall employ persons holding security guard certificates to engage in security services and sign labor contracts with the employed security guards in accordance with the law.
Chapter IV Security Services
Article 25 Before signing a security service contract, a security service company shall verify the following matters in accordance with the provisions of Article 21 of the Regulations:
Whether the (I) client unit is established according to law;
(II) whether the protected property is lawful;
(III) whether the activities of the protected persons are lawful;
If the (IV) requires the provision of security services to be approved in accordance with the law, whether it has been approved;
Whether the area (V) to maintain order is clearly authorized by the owner or the relevant unit;
(VI) other matters that should be verified.
Article 26 If a security service company sends security guards to provide security services, and the place where the security service contract is performed is not in the same province, autonomous region or municipality directly under the Central Government as the place where the security service company is located, it shall, in accordance with the provisions of Article 23 of the regulations, file with the public security organ of the city divided into districts where the security service contract is performed within 30 working days before the start of providing security services, and accept the supervision and management. The following materials shall be submitted for filing:
Copy of (I) security service license and industrial and commercial business license;
(II) the legal representative of the security service company, the valid identity documents of the person in charge of the service project and the basic information of the security guard;
Security service contracts for (III) cross-regional business services;
(IV) other materials to be provided.
Article 27 The local people's government at or above the city level divided into districts shall not hire foreign-funded security service companies to provide security services that are related to national security and involve state secrets.
Security service companies that provide security services for the above-mentioned units shall not recruit overseas personnel.
Article 28 The technical prevention products used in security services shall meet the national or industrial quality standards.
The installation of alarm monitoring equipment in security services shall comply with the relevant national safety technical specifications.
Article 29 Security guards shall wear the security guard clothing recommended by the national security service industry association and wear the national unified security service logo.
Security guards who provide personal escort, security technology prevention and security risk assessment services may wear casual clothes, but shall wear the national uniform security service mark.
Article 30 Security practitioners shall, in accordance with the security services and security needs of security guards, equip security guards with protective, life-saving and other equipment and transportation, communication and other equipment required by security service posts.
The standards for equipping security service posts shall be formulated separately by the Ministry of Public Security.
Chapter V Licensing and Filing of Security Training Units
Article 31 To apply for the establishment of a security training unit, the following materials shall be submitted to the public security organs of cities divided into districts:
Application for the establishment of a (I) (the basic information of the applicant, the name of the training unit to be established, the training objectives, the training scale, the training content, the training conditions and the internal management system, etc. shall be stated);
(II) certification documents that meet the conditions stipulated in Article 32 of the Regulations;
The valid identity documents of the (III) applicant and legal representative, and the relevant qualification certificates of the main management personnel and teachers.
Article 32 The public security organ shall, within 15 working days from the date of receipt of the application materials, examine and verify the authenticity of the materials submitted by the applicant, conduct on-site inspection of the places and facilities required for training and other teaching conditions, and submit the examination and approval opinions to the local provincial public security organ.
After receiving the application materials and the examination opinions of the public security organs of districts and cities, the provincial public security organs shall make a decision within 15 working days:
If the (I) meets the provisions of Article 32 of the Regulations, a security training license shall be issued;
If the (II) does not comply with the provisions of Article 32 of the regulations, it shall make a decision not to grant the license, notify the applicant in writing and explain the reasons.
Article 33: People's police academies and people's police training institutions that conduct training on the use of guns for security guards engaged in armed guard and escort services shall report to the local provincial public security organ for the record within 30 working days before the training. The following materials shall be submitted for filing:
(I) the legal person qualification certificate or the approval document for establishment;
Basic information of the legal representative and person in charge of the (II);
(III) the teaching staff and teaching facilities suitable for the training scale;
(IV) the safety management system for firearms and the construction of storage facilities.
Article 34th security training units should be in accordance with the Ministry of public security security personnel training syllabus for training.
Security training units shall not provide external or disguised security services.
Chapter VI Supervision and Inspection
35th public security organs should strengthen the daily supervision and inspection of security units, security training units, and supervise the implementation of the management system.
Article 36 The public security organs shall, in accordance with the provisions of the Regulations, establish a security service supervision and management information system and a human biological information management system such as fingerprints of security guards.
The standards for the construction of the security service supervision and management information system shall be separately formulated by the Ministry of Public Security.
37th public security organs of the security service company shall check the following:
Basic information of (I) security service company;
(II) the establishment of branches and the operation of security services across provinces, autonomous regions and municipalities directly under the Central Government;
(III) the implementation of the security service contract and the retention system of monitoring image data and alarm records;
(IV) the installation, change and use of security technology products and equipment involved in security services;
(V) the establishment and implementation of security service management system, post responsibility system, security guard management system and emergency response plan;
(VI) the safety management system of official guns and the construction of storage facilities of security service companies engaged in armed guard and escort services;
(VII) security guards and their clothing, security service signs and equipment management;
(VIII) the implementation of on-the-job training and rights protection for security guards;
(IX) the correction of the complaint;
(X) other items that need to be checked.
Article 38 The public security organs shall examine the following contents of units that recruit security guards on their own:
(I) records;
(II) the implementation of the retention system for monitoring image data and alarm records;
(III) the installation, change and use of security technology products and equipment involved in security services;
(IV) the establishment and implementation of security service management system, post responsibility system, security guard management system and emergency response plan;
(V) the safety management system and the construction of storage facilities for official guns equipped in accordance with the law;
(VI) the management of self-employed security guards and their clothing, security service marks and equipment;
(VII) the implementation of on-the-job training and rights and interests protection for security guards;
(VIII) the correction of the complaint;
(IX) other items that need to be checked.
39th public security organs of security training units should check the following:
Basic information of (I) security training units;
(II) security training and teaching;
(III) the record-keeping of the training units for the use of firearms and the construction and management of the safety management system and storage facilities for firearms;
(IV) other items that need to be checked.
Article 40 When the relevant staff of the public security organs supervise and inspect the security practitioners and security training units, there shall be no less than 2 people, and they shall show their law enforcement identity documents.
The supervision and inspection situation and handling opinions shall be truthfully recorded, and signed by the inspectors of the public security organ and the relevant person in charge of the inspected unit; if the person in charge of the inspected unit is not present or refuses to sign, the staff of the public security organ shall indicate on the inspection record.
Article 41 When a public security organ discovers an illegal act that should be ordered to make corrections within a time limit in accordance with the law during supervision and inspection, it shall make a notice of ordering corrections within a time limit and serve it on the inspected unit. The time limit for correction shall be specified in the notice of ordering correction within a time limit.
The public security organ shall conduct a review within 3 working days from the expiration of the period of ordering correction or the date of receiving the party's application for review. Those who fail to make corrections within the time limit shall be subject to administrative penalties in accordance with the law.
Article 42 The public security organ shall publish the following information on the office premises and the government website:
Relevant laws, administrative regulations, departmental rules, local regulations, government rules and other normative documents concerning the supervision and administration of (I) security services;
Conditions and procedures for applying for (II) security service permit, security training permit and security guard certificate;
(III) the filing materials and procedures for security service companies to set up branches, operate services across provinces, autonomous regions and municipalities directly under the central government, recruit security guards by themselves, and train security guards in the use of guns in armed guard and escort services;
Requirements and procedures for supervision and inspection of (IV) security services;
(V) ways of reporting complaints;
(VI) other information that should be made public.
Article 43 Where a security service or security training license is obtained by deception, bribery or other improper means, the public security organ and its staff abuse their power, neglect their duties, or violate legal procedures to grant security service or security training license, or grant security service or security training license to an applicant who does not meet the legal conditions, the issuing public security organ shall revoke the administrative license after verification. Where a license for security services or security training is revoked, the following procedures shall be followed:
(I), with the approval of the public security organ of the people's government of a province, autonomous region or municipality directly under the Central Government, make a decision of revocation and serve it to the party concerned;
(II) collection of license;
The (III) announcement license is invalid.
Article 44 If a security service company or security training unit goes bankrupt, dissolves or terminates in accordance with the law, the public security organ issuing the license shall promptly go through the formalities for cancellation of the license and withdraw the license certificate in accordance with the law.
Chapter VII Legal Liability
Article 45 If a security service company has any of the following circumstances and causes serious consequences, in addition to being punished in accordance with Article 43 of the Regulations, the issuing public security organ may, in accordance with the provisions of paragraph 3 of Article 54 of the the People's Republic of China Public Security Administration punishment Law, revoke the security service license:
(I) divulge state secrets learned in security services;
(II) instigation or connivance of security guards obstructing the performance of official duties in accordance with the law, participating in the recovery of debts, and resorting to violence or the threat of violence in the handling of disputes;
(III) other serious crimes.
If a security training unit conducts fraud and other illegal and criminal activities in the name of training, and the circumstances are serious, the public security organ may revoke the security training license in accordance with the provisions of the preceding paragraph.
Article 46: Where key public security units determined by the people's government at or above the city level divided into districts that are related to national security and involve state secrets violate the provisions of Article 22 of the Regulations, they shall be in accordance with the Regulations on Internal Public Security and Security of Enterprises and Institutions Penalties stipulated in Article 19.
If a security service company violates the provisions of the second paragraph of Article 27 of these Measures, it shall be punished in accordance with the provisions of the preceding paragraph.
Article 47 If a security training unit sends students to carry out security services in disguised form in the name of internship, it shall, in accordance with the provisions of Article 41 of the regulations, be punished by public security administration according to law and confiscate the illegal income; if the case constitutes a crime, it shall be investigated for criminal responsibility according to law.
Article 48 If the staff of the public security organs have the following circumstances in the supervision and management of security services, the directly responsible person in charge and other directly responsible persons shall be punished according to law; if a crime is constituted, criminal responsibility shall be investigated according to law:
(I) who knowingly does not meet the conditions for the establishment of a security service company or a security training unit but permits it; if it meets the provisions of the Regulations and these Measures, it should be permitted but not permitted;
(II) who, in violation of the regulations, should accept the record of security practitioners and security training units and refuse to accept it;
(III) receiving reports and complaints and not investigating and punishing them according to law;
(IV) found that security practitioners and security training units in violation of the provisions of the regulations, not in accordance with the law;
(V) use their functions and powers to designate manufacturers or sales units of security technology prevention products or designate enterprises providing security services;
(VI) accept the unit under inspection, personal effects or other improper benefits;
(VII) participate in or participate in the business activities of the security service company in a disguised form;
(VIII) other acts of abuse of power, dereliction of duty and malpractice for personal gain.
Chapter VIII Supplementary Provisions
Article 49 The security service license and the security training license shall include the original and the copy, and the original shall be hung in the conspicuous position of the main office space of the security service company or the security training unit.
The security service license, security training license and security guard certificate shall be stipulated by the Ministry of public security and made by the provincial public security organ; other document styles shall be formulated by the provincial public security organ itself.
Article 50 The administration of joint venture, cooperative or wholly-owned security service companies established by investors from the Hong Kong Special Administrative Region, the Macao Special Administrative Region and Taiwan shall refer to the relevant provisions applicable to foreign-funded security service companies.
Article 51 These Measures shall enter into force as of the date of promulgation.
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