Measures for the Public Security Organs to Implement the Regulation on the Administration of Security and Guarding Services (2016 Amendment)

Measures for the Public Security Organs to Implement the Regulation on the Administration of Security and Guarding Services (2016 Amendment) Measures for the Public Security Organs to Implement the Regulation on the Administration of Security and Guarding Services (Promulgated by Order No. 112 of the Ministry of Public security on February 3, 2010 and amended by Order No. 136 of the Ministry of Public security, the Ministry of the Public Security on Amending Certain Departmental Rules on January 14, 2016) Chapter I General Provisions Article 1 These Measures are formulated according to the Regulation on the Administration of Security and Guarding Services (hereinafter referred to as the “ Regulation ”) and the relevant laws and administrative regulations to regulate the public security organs' supervision and administration of security and guarding services. Article 2 The Ministry of Public Security shall be responsible for the supervision and administration of security and guarding services throughout the country. The local public security organs at all levels shall supervise and administer security and guarding services according to law under the principles of territorial jurisdiction and level-to-level responsibility. Article 3 The provincial public security organs shall be responsible for the supervision and administration of the following security and guarding services: (1) directing the public security organs of their respective provinces (autonomous regions) to conduct supervision and administration of the security guard employers, security guard training entities, security guards, and security and guarding services; (2) issuing and revoking security and guarding service licenses of security companies and security guard training licenses of security guard training entities; (3) examining changes of the legal representatives of security companies; (4) accepting relevant documents filed by the academies and training institutions of the people's police undertaking training of security guards on the use of firearms; and (5) conducting supervision and administration of other security and guarding services according to law. The public security organs of municipalities directly under the Central Government may, in addition to exercising the functions of provincial public security organs with respect to supervision and administration of security and guarding services, directly accept applications for establishing security companies or security guard training entities, issue security guard certificates, and accept documents filed by security companies on providing security and guarding services in another province, autonomous region or municipality directly under the Central Government. Article 4 A public security organ in a districted city shall be responsible for the supervision and administration of the following security and guarding services: (1) accepting and examining the application materials for establishing a security company or a security guard training entity; (2) accepting the documents filed by a security company on establishing a branch or providing security and guarding services in another province, autonomous region or municipality directly under the Central Government or documents filed by an entity employing security guards by itself; (3) organizing the security guard examination and issuing and revoking security guard certificates; (4) conducting the supervision and inspection of security and guarding services; and (5) conducting the supervision and administration of other security and guarding services according to law. Article 5 The public security organs at the county level shall be responsible for the supervision and administration of the following security and guarding services: (1) conducting the supervision and inspection of security and guarding services; (2) assisting in the administration of documents filed by the entities employing security guards by themselves; (3) accepting the security guard examination registration and gathering the fingerprints of security guards; and (4) conducting the supervision and administration of other security and guarding services according to law. Police stations shall be responsible for the daily supervision and inspection of the security and guarding activities of the entities employing security guards by themselves. Article 6 The public security organs at all levels shall clarify the competent authorities of security and guarding services exclusively responsible for the supervision and administration of security and guarding services. The public security organs of railway, transportation (shipping), civil aviation and forestry shall be responsible for the daily supervision and inspection of security and guarding services within their respective jurisdictions. The public security organs of Xinjiang Production and Construction Corps shall be responsible for the supervision and administration of security and guarding services within their respective jurisdictions. Article 7 The associations of the security and guarding service industry shall carry out self-disciplinary work of the security and guarding service industry according to law, such as providing services, regulating behaviors and reflecting demands, under the guidance of the public security organs. The national association of the security and guarding service industry shall carry out work under the guidance of the Ministry of Public Security, such as recommending the designs of uniforms of security guards, designing a nationwide uniform sign for security and guarding services, formulating the standards for security and guarding services, conducting the qualification certification of security enterprises and assisting in the organization of the security guard examination. Article 8 The public security organs shall, according to the relevant provisions of the state, commend and reward security guard employers and security guards which have made outstanding contributions to the protection of public property safety and people's life and property safety and the prevention and suppression of violations and crimes. Where a security guard is injured or dies at work, he shall be entitled to the work-related injury insurance treatments according to the relevant provisions of the state on work-related injury insurance, and the public security organ shall provide assistance in realizing the work-related injury insurance treatments. If a security guard dies in line of duty, the public security organ shall do a good job in the martyr recommendation according to the relevant provisions of the state. Chapter II Licensing and Filing of Documents for Security Guard Employers Article 9 To establish a security company, an applicant shall submit the following materials to the public security organ of a districted city: (1) an application for establishment (stating the name, domicile, registered capital, shareholders and amounts of contribution thereof, business scope, etc. of the security company to be established); (2) valid identity certificates, resumes and photocopies of security officer qualification certificates of the prospective legal representative, general manager, deputy general manager and other key management personnel of the security company, certificates of not less than five years of work experience in army, public security, national security, court, procuratorate or justice administration or in security protection or security service management, and certificates of no record of criminal punishment, reeducation through labor, institutionalization for education or compulsory isolated drug rehabilitation issued by the public security organs at the county level; (3) valid certification documents on the ownership of or the right to use the place as the domicile of the security company and documents on the relevant equipment and transport vehicles necessary for providing security and guarding services; (4) a list of professional technicians and the certificates of qualification as required by laws and administrative regulations; (5) materials on the organizational structure and security service management system, post accountability system and security guard management system; and (6) a notice of pre-approval of enterprise name issued by the administrative department for industry and commerce. Article 10 To establish a security company providing the armed escorting service, in addition to the materials as prescribed in Article 9 of these Measures, an applicant shall submit the following materials to the public security organ of a districted city: (1) valid certification of wholly state-owned company or state-owned capital accounting for not less than 51% of the total registered capital; (2) materials on escorting security guards who meet the requirements of the Regulation on the Management of Use of Firearms by Full-time Escorting Security Guards ; (3) materials on the special transport vehicles and the communication and alarming devices which conform to the national standards or industrial standards; and (4) materials on the firearm security management system and storage facilities. Where a security company applies for adding the armed escorting business, it need not submit the materials as prescribed in Article 9 of these Measures. Article 11 To establish a security company which is a Chinese-foreign equity joint venture, a Chinese-foreign contractual joint venture or a wholly foreign-owned company (hereinafter referred to as the “foreign-funded security company”), in addition to the materials as prescribed in Article 9 and Article 10 of these Measures, an applicant shall submit the following materials to the public security organ: (1) a contract on the Chinese-foreign equity joint venture or Chinese-foreign contractual joint venture; (2) a credit certificate and registration documents of the foreign party; and (3) if the prospective legal representative, general manager or deputy general manager or any other prospective major officer of the security company is a foreigner, a certificate of no record of criminal punishment in the country or region where he is from (issued by the police authority at his original place of residence and notarized by a notarization authority), a certificate of not less than five years of work experience in security service management, and a photocopy of the security officer qualification certificate obtained in China. Where a security company established before the implementation of these Measures reapplies for a security and guarding service license, and the prospective legal representative, general manager or deputy general manager or any other prospective major officer of the security company is a foreigner, a photocopy of the alien employment permit shall be submitted, in addition to the materials as prescribed in subparagraph (3) of the preceding paragraph. Article 12 The provincial public security organs shall, under the principles of strict control, prevention of monopoly, moderate competition and guarantee of security, put forward schemes on the planning and distribution of security companies providing the armed escorting service, and submit them to the Ministry of Public Security for approval. Article 13 The public security organ of a districted city shall, within 15 workdays after recei......