SECURITY KNOWLEDGE


China Defender

Regulations on the Administration of Security Services

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2017-05-18

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Order No. 564 of the State Council of the People's Republic of China The Regulation on the Administration of Security Services, which was adopted at the 82nd executive meeting of the State Council on September 28, 2009, is hereby promulgated and shall come into force on January 1, 2010.

Decree of the State Council of the People's Republic of China

No. 564

The Regulation on the Administration of Security Services, which was adopted at the 82nd executive meeting of the State Council on September 28, 2009, is hereby promulgated and shall come into force on January 1, 2010.

Premier Wen Jiabao

October 13, 2009

 

Regulations on the Administration of Security Services

Chapter I General Provisions

  Article 1These Regulations are formulated in order to standardize security service activities, strengthen the management of units engaged in security services and security guards, protect personal safety and property safety, and maintain public order.

  Article IIThe security services referred to in these Regulations shall mean:

According to the security service contract, the (I) security service company sends security guards to provide services such as guard, patrol, guard, escort, carry-on guard, security inspection, security technical prevention and security risk assessment for the client unit;

(II) the security prevention work such as guard, patrol and guard of the unit engaged in by the personnel recruited by the organs, organizations, enterprises and institutions;

(III) services such as guard, patrol and order maintenance carried out by property service enterprises in the property management area.

The organs, organizations, enterprises, institutions and property service enterprises in items (II) and (III) of the preceding paragraph are collectively referred to as units that recruit security guards on their own.

  Article IIIThe public security department under the State Council shall be responsible for the supervision and administration of security service activities throughout the country. The public security organs of the local people's governments at or above the county level shall be responsible for the supervision and administration of security service activities within their respective administrative areas.

The security service industry association shall, under the guidance of the public security organs, carry out self-discipline activities of the security service industry in accordance with the law.

  Article 4Security service companies and units that recruit security guards on their own (hereinafter referred to as security practitioners) shall establish and improve the security service management system, post responsibility system and security guard management system, strengthen the management, education and training of security guards, and improve the professional ethics, professional quality and sense of responsibility of security guards.

  Article VSecurity practitioners shall protect the legitimate rights and interests of security guards in social insurance, labor employment, labor protection, wages and benefits, education and training, etc. in accordance with the law.

  ARTICLE VISecurity service activities shall be civilized and lawful, and shall not harm the public interests or infringe upon the legitimate rights and interests of others.

Security guards who engage in security service activities in accordance with the law shall be protected by law.

  Article VIIThe public security organs and other relevant departments shall commend and reward the 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.

Chapter II Security Service Companies

  Article 8A security service company shall meet the following conditions:

The (I) has a registered capital of not less than RMB 1 million;

The legal representative and main management personnel of the security service company to be appointed by the (II) shall have the professional knowledge and relevant business work experience required for the post, and shall not be subject to criminal punishment, reeducation through labor, custody and education, compulsory isolation for drug rehabilitation, expulsion from public office, expulsion from the military, etc. Bad record;

The (III) shall have professional and technical personnel suitable for the security services provided, among which those qualified by laws and administrative regulations shall obtain corresponding qualifications;

The (IV) has shelter and facilities and equipment needed to provide security services;

The (V) has a sound organization and security service management system, post responsibility system, security officer management system.

  Article IXTo apply for the establishment of a security service company, an application form and materials that can prove that it meets the conditions stipulated in Article 8 of these regulations shall be submitted to the public security organ of the people's government at the municipal level where the district is located.

The public security organ that accepts the application shall conduct an examination within 15 days from the date of receipt of the application materials, and submit the examination opinions to the public security organ of the people's government of the province, autonomous region or municipality directly under the Central Government where it is located. The public security organs of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall make a decision within 15 days from the date of receipt of the review opinions, and issue a security service license if the conditions are met; if the conditions are not met, notify the applicant in writing and explain the reasons.

  Article XA security service company engaged in armed guard and escort services shall meet the planning and layout requirements of the public security department of the State Council for armed guard and escort services, meet the conditions specified in Article 8 of these regulations, and meet the following conditions:

The (I) has a registered capital of not less than RMB 10 million;

(II) solely state-owned or state-owned capital accounts for more than 51% of the total registered capital;

(III) there are guarding and escorting personnel who meet the requirements stipulated in the Regulations on the Use of Guns by Full-time Guarding and Escorting Personnel;

(IV) have special transport vehicles and communication and alarm equipment that meet national standards or industry standards.

  Article 11To apply for the establishment of a security service company engaged in armed guard and escort services, an application and materials that can prove that it meets the conditions specified in Articles 8 and 10 of these Regulations shall be submitted to the public security organ of the municipal people's government where the district is located. If a security service company applies for additional armed guard escort business, it is not necessary to submit again the materials proving that it meets the conditions stipulated in Article 8 of these regulations.

The public security organ that accepts the application shall conduct an examination within 15 days from the date of receipt of the application materials, and submit the examination opinions to the public security organ of the people's government of the province, autonomous region or municipality directly under the Central Government where it is located. The public security organs of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall make a decision within 15 days from the date of receiving the review opinions, and for those who meet the conditions, issue a security service license for engaging in armed guard and escort business or add to the existing security service license. For those who do not meet the conditions, notify the applicant in writing and explain the reasons.

  Article 12The applicant who has obtained the security service license shall go through the industrial and commercial registration with the administrative department for industry and commerce with the security service license. If the business registration is not completed for more than 6 months after obtaining the security service license, the security service license obtained shall be invalid.

If a security service company establishes a branch, it shall file a record with the public security organ of the people's government at the city level where the branch is located. The filing shall provide the security service license and industrial and commercial business license of the head office, and the basic information of the legal representative of the head office, the person in charge of the branch and the security guard.

If the legal representative of a security service company changes, it shall be reviewed by the original examination and approval public security organ, and the review document shall be submitted to the administrative department for industry and commerce for registration of the change.

Chapter III Units that recruit security guards on their own

  Article 13Units that recruit security guards on their own shall have legal personality, have security guards who meet the requirements of these regulations, and have a sound security service management system, post responsibility system and security guard management system.

Places of entertainment shall, in accordance with the provisions of the regulations on the Administration of places of entertainment, employ security guards from security service companies, and shall not employ security guards on their own.

  Article 14Units that recruit security guards on their own shall, within 30 days from the date of starting security services, file with the public security organ of the people's government at the municipal level where they are located, and the following materials shall be provided for the record:

(I) legal person qualification certificate;

Basic information of the legal representative (main person in charge) of the (II), the person in charge and the security officer;

Basic information of (III) security service area;

(IV) the establishment of security service management system, post responsibility system and security guard management system.

If a unit that recruits security guards by itself no longer recruits security guards for security services, it shall, within 30 days from the date of stopping the security service, cancel the record with the public security organ for the record.

  Article XVUnits that recruit security guards on their own shall not provide security services outside their own units or outside the property management area.

Chapter IV Security Guard

  Article 16Chinese citizens who have reached the age of 18, are in good health, have good conduct, and have a junior high school degree or above can apply for a security guard certificate to engage in security services. If the applicant passes the examination and examination of the public security organ of the municipal people's government divided into districts and retains fingerprints and other biological information of the human body, a security guard certificate shall be issued.

Specific measures for the extraction and retention of human biological information such as fingerprints of security guards shall be prescribed by the public security department under the State Council.

  Article 17Under any of the following circumstances, no one may serve as a security guard:

(I) have been subjected to custody and education, compulsory isolation for drug rehabilitation, re-education through labor or administrative detention for more than three times;

(II) has been given criminal punishment for an intentional crime;

(III) the security guard certificate has been revoked for less than 3 years;

(IV) had his security guard license revoked twice.

  Article 18A security practitioner shall recruit persons who meet the requirements of security guards as security guards and sign labor contracts with the security guards recruited in accordance with the law. Security units and their security guards shall participate in social insurance in accordance with the law.

Security practitioners should be in accordance with the needs of security service posts on a regular basis for security guards legal, security professional knowledge and skills training.

  Article 19Security practitioners shall regularly assess the security guards, and if they find that the security guards are unqualified or seriously violate the management system and need to terminate the labor contract, they shall handle it according to law.

  Article 20Security service units should be based on the degree of risk for security guards insured accidental injury insurance.

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; if the sacrifice of a security guard is approved as a martyr, he shall enjoy preferential treatment in accordance with the provisions of the state on the praise of martyrs.

Chapter V Security Services

  Article 21The security service company shall sign a security service contract with the client unit to provide security services, clearly stipulating the service items, contents and the rights and obligations of both parties. After the termination of the security service contract, the security service company shall retain the security service contract for at least 2 years for future reference.

The security service company shall verify the legality of the security service required by the client unit, refuse the illegal security service request, and report to the public security organ.

  Article 22The local people's government at or above the city level divided into districts shall not hire wholly foreign-owned, Sino-foreign joint ventures, Sino-foreign cooperative security service companies to provide security services that are related to national security and involve state secrets.

  Article 23If a security service company sends security guards to provide security services to client units across provinces, autonomous regions, and municipalities directly under the Central Government, it shall file a record with the public security organ of the municipal people's government where the service is located. The filing shall provide the security service license and industrial and commercial business license of the security service company, the security service contract, the basic information of the person in charge of the service project and the security guard.

  Article 24The security service company shall provide standardized security services in accordance with the service standards of the security service industry, and the security guards sent by the security service company shall abide by the relevant rules and regulations of the client unit. Client units shall provide necessary conditions and guarantees for security guards to engage in security services.

  Article 25Technical protection products used in security services shall meet the relevant product quality requirements. The installation of monitoring equipment in security services shall comply with the relevant technical specifications of the State, and the use of monitoring equipment shall not infringe upon the legitimate rights and interests of others or personal privacy.

The monitoring image data and alarm records formed in the security service shall be kept for at least 30 days for future reference, and the security practitioners and client units shall not delete or spread them.

  Article 26Security practitioners shall keep confidential the state secrets, trade secrets and information that the client unit explicitly requires to be kept confidential.

Security service units shall not instigate or connive at security guards to obstruct the performance of official duties in accordance with the law, participate in the recovery of debts, use violence or the threat of violence to deal with disputes.

  Article 27Security guards should wear security guard clothing and wear national security service signs. The clothing and security service marks of security guards shall be clearly different from the standard clothing and logo clothing of the people's Liberation Army, the people's armed police, the people's police, the administrative law enforcement organs such as industry and commerce and taxation, as well as the staff of the people's courts and people's procuratorates.

The clothing for security guards is recommended by the National Association of Security Service Industry, and selected by the security service practitioners within the recommended style. The pattern of the security service mark shall be determined by the National Security Service Industry Association.

  Article 28Security practitioners should be equipped with the necessary equipment for security guards according to the needs of security service posts. The standards for equipping security service posts shall be stipulated by the public security department of the State Council.

  Article 29In the security service, in order to perform the duties of security service, the security officer may take the following measures:

(I) check the documents of persons entering and leaving the service area and register the vehicles and articles entering and leaving the service area;

(II) patrol, guard, security check and alarm monitoring in the service area;

(III) conduct security checks on persons and their belongings at airports, stations, docks and other public places to maintain public order;

(IV) carrying out armed guarding and escorting tasks, temporary separation areas may be established according to the needs of the task, but the obstruction to the normal activities of citizens shall be minimized as much as possible.

Security guards shall promptly stop illegal and criminal acts that occur in the service area, and shall immediately report to the police for illegal and criminal acts that are invalid, and at the same time take measures to protect the scene.

The use of guns by security guards engaged in armed guarding and escorting services shall be carried out in accordance with the provisions of the Regulations on the Use of Guns by Full-time Guards and Escorts.

  Article 30Security guards shall not commit any of the following acts:

(I) restrict another person's personal freedom, search another person's body, or insult or beat another person;

(II) the seizure or confiscation of the documents and property of others;

(III) obstructing the performance of official duties according to law;

(IV) participation in the recovery of debts, the use of violence or the threat of violence to resolve disputes;

(V) delete or spread the surveillance image data and alarm records formed in the security service;

(VI) infringe upon personal privacy or divulge state secrets, trade secrets learned in the security service, and information that the client unit explicitly requires to be kept confidential;

(VII) other acts in violation of laws and administrative regulations.

  Article 31The security guard has the right to refuse to implement the illegal instructions of the security practice unit or the client unit. The security service unit shall not terminate the labor contract with the security guard, reduce his labor remuneration and other benefits, or stop paying or underpaying the social insurance premiums that should be paid according to law because the security guard does not implement the illegal instructions.

Chapter VI Security Training Units

  Article 32Security training units shall meet the following conditions:

The (I) is a security service company established in accordance with the law or a school or vocational training institution with legal personality established in accordance with the law;

The (II) has the teachers required for security training, among which the security professional teachers should have a bachelor degree or above or more than 10 years of public security management experience;

(III) have the necessary places, facilities and other teaching conditions for security training.

  Article 33A unit applying for security training shall submit an application form and materials that can prove that it meets the conditions specified in Article 32 of these regulations to the public security organ of the municipal people's government where it is located.

The public security organ that accepts the application shall conduct an examination within 15 days from the date of receipt of the application materials, and submit the examination opinions to the public security organ of the people's government of the province, autonomous region or municipality directly under the Central Government where it is located. The public security organs of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall make a decision within 15 days from the date of receipt of the review opinions, and issue a security training permit if the conditions are met; if the conditions are not met, notify the applicant in writing and explain the reasons.

  Article 34People's police academies and people's police training institutions shall be responsible for the training of security guards engaged in armed guard and escort services in the use of guns. The people's police academies and training institutions of the people's police that undertake the training work shall report to the public security organs of the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government where they are located for the record.

  Article 35Security training units shall formulate teaching plans in accordance with the training syllabus for security guards, and conduct legal, security professional knowledge and skills training, and professional ethics education for the trained personnel.

The syllabus for the training of security guards shall be examined and approved by the public security department of the State Council.

Chapter VII Supervision and Administration

  Article 36The public security organs shall guide the security practitioners to establish and improve the security service management system, post responsibility system, security guard management system and emergency response plan, and urge the security practitioners to implement the relevant management system.

Security practitioners, security training units and security guards shall accept the supervision and inspection of public security organs.

  Article 37The public security organs shall establish a security service supervision and management information system to record the relevant information of security practitioners, security training units and security guards.

The public security organ shall keep confidential the extracted and retained human biological information such as the fingerprints of the security guards.

  Article 38The people's police of the public security organs shall show their certificates for the supervision and inspection of security practitioners and security training units, and shall urge them to rectify the problems found in the supervision and inspection. The situation of supervision and inspection and the results of the handling shall be truthfully recorded, and signed by the supervisors and inspectors of the public security organs and the relevant persons in charge of the security practitioners and security training units.

  Article 39The public security organs of the people's governments at or above the county level shall announce the way of complaints and accept complaints from the public against security practitioners, security training units and security guards. The public security organ that receives the complaint shall investigate and deal with it in a timely manner, and feed back the results of the investigation.

  Article 40State organs and their staff shall not establish security service companies, and shall not participate in or participate in disguised form in the business activities of security service companies.

Chapter VIII Legal Liability

  Article 41Any organization or individual that engages in security services or security training without permission shall be punished by public security administration according to law, and the illegal income shall be confiscated; if a crime is constituted, criminal responsibility shall be investigated according to law.

  Article 42If a security practitioner has one of the following circumstances, it shall be ordered to make corrections within a time limit and be given a warning; if the circumstances are serious, a fine of not less than 10000 yuan but not more than 50000 yuan shall be imposed; if there are illegal gains, the illegal gains shall be confiscated:

The change of the legal representative of the (I) security service company has not been examined by the public security organ;

(II) failing to file or revoke the filing in accordance with the provisions of these Regulations;

(III) units that recruit security guards on their own to carry out security services outside their own units or outside the property management area;

(IV) the recruitment of persons who do not meet the conditions stipulated in these Regulations as security guards;

The (V) security service company fails to verify the legality of the security service required by the client unit, or fails to report the illegal security service requirements to the public security organ;

(VI) security service company fails to sign and retain security service contracts in accordance with the provisions of these Regulations;

The (VII) fails to retain the monitoring image data and alarm records formed in the security service in accordance with the provisions of these regulations.

If the client unit fails to retain the monitoring image data and alarm records formed in the security service in accordance with the provisions of these regulations, it shall be punished in accordance with the provisions of the preceding paragraph.

  Article 43If a security practitioner has any of the following circumstances, it shall be ordered to make corrections within a time limit and be fined between 20000 yuan and 100000 yuan; if it violates the administration of public security, it shall be punished for public security administration according to law; if a crime is constituted, the person in charge directly responsible and other persons directly responsible shall be investigated for criminal responsibility according to law:

(I) divulging state secrets, business secrets learned in the security service and information that the client unit explicitly requires to be kept confidential;

(II) use of monitoring equipment to infringe upon the legitimate rights and interests of others or personal privacy;

(III) deleting or diffusing the surveillance image data and alarm records formed in the security service;

(IV) instigate or connive at security guards to obstruct the performance of official duties in accordance with the law, participate in the recovery of debts, or use violence or the threat of violence to resolve disputes;

The (V) neglecting the management, education and training of security guards, resulting in the occurrence of criminal cases of security guards, resulting in serious consequences.

If a client unit deletes or spreads the monitoring image data and alarm records formed in the security service, it shall be punished in accordance with the provisions of the preceding paragraph.

  Article 44If the security service unit terminates the labor contract with the security guard because the security guard does not carry out the illegal instructions, reduces its labor remuneration and other benefits, or stops paying or underpays the social insurance premiums that should be paid for it according to law, the punishment of the security service unit and the compensation to the security guard shall be implemented in accordance with the provisions of laws and administrative regulations on labor contract and social insurance.

  Article 45If a security guard commits any of the following acts, he shall be admonished by the public security organ; if the circumstances are serious, his security guard certificate shall be revoked; if he violates the administration of public security, he shall be punished according to law; if the case constitutes a crime, he shall be investigated for criminal responsibility according to law:

(I) restrict another person's personal freedom, search another person's body, or insult or beat another person;

(II) the seizure or confiscation of another person's documents and property;

(III) obstructing the performance of official duties according to law;

(IV) participate in the recovery of debts, use violence or the threat of violence to resolve disputes;

(V) deleting or diffusing the surveillance image data and alarm records formed in the security service;

(VI) infringe upon personal privacy or divulge state secrets, business secrets learned in the security service, and information that the client unit explicitly requires to be kept confidential;

(VII) other acts in violation of laws and administrative regulations.

Security guards engaged in armed escort use of firearms in violation of regulations shall be punished in accordance with the provisions of the Regulations on the Use of Firearms by Full-time Guards and Escorts.

  Article 46If a security guard causes personal injury or death or property loss to others in the security service, the security practitioner shall pay compensation; if the security guard has intentional or gross negligence, the security practitioner may recover compensation from the security guard according to law.

  Article 47If the security training unit fails to carry out training in accordance with the provisions of the training syllabus for security guards, it shall be ordered to make corrections within a time limit and be given a warning; if the circumstances are serious, it shall also be fined not less than 10000 yuan but not more than 50000 yuan; if fraudulent activities are carried out in the name of security training, public security shall be punished according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.

  Article 48If a state organ and its staff establish a security service company and participate in or participate in the business activities of the security service company in a disguised form, the directly responsible person in charge and other directly responsible persons shall be punished according to law.

  Article 49The people's police of the public security organs who abuse their power, neglect their duties, or engage in malpractices for personal gain in the supervision and management of security service activities shall be punished according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter IX Supplementary Provisions

  Article 50The format of security service permits, security training permits and security guard certificates shall be prescribed by the public security department under the State Council.

  Article 51Security service companies and security training units that have been established before the implementation of these regulations shall re-apply for security service licenses and security training licenses within 6 months from the date of implementation of these regulations. Units that recruit security guards on their own before the implementation of these regulations shall file with the public security organs within 3 months from the date of implementation of these regulations.

Security guards who have been engaged in security services before the implementation of these regulations shall be trained by their units within one year from the date of implementation of these regulations, and those who have passed the examination and examination of the public security organs of the municipal people's governments divided into districts and retain fingerprints and other biological information of the human body shall be issued security guard certificates.

  Article 52These Regulations shall come into force on January 1, 2010.

 

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