Regulation on the Administration of Security and Guarding Services (2020 Revision)

Regulation on the Administration of Security and Guarding Services (2020 Revision) 保安服务管理条例(2020修订) Regulation on the Administration of Security and Guarding Services (Adopted at the 82nd executive meeting of the State Council on September 28, 2009; promulgated by the Order No. 564 of the State Council on October 13, 2009; revised in accordance with the Decision of the State Council to Amend and Repeal Certain Administrative Regulations on November 29, 2020) Chapter I General Provisions Article 1 This Regulation is formulated to regulate the security and guarding services, strengthen the administration of entities and security guards engaging in the security and guarding services, protect the personal and property safety and maintain the public security. Article 2 The term “security and guarding services” as mentioned in this Regulation refers to: 1. the doorman, patrol, guard, escorting, body guard, security inspection, and security technology protection, security risk assessment and other services which a security company offers to its client entities by assigning security guards under the security and guarding service contracts; 2. the internal watchman, patrol, guard and other security protection work undertaken by those persons employed by government organs, social organizations, enterprises and public institutions; 3. the guard, patrol, maintenance of order and other services conducted by persons employed by realty service enterprises within the realty management area. The government organs, social organizations, enterprises, public institutions and realty service enterprises as mentioned in subparagraphs 2 and 3 of the preceding paragraph are generally referred to as the entities employing security guards by themselves. Article 3 The public security department of the State Council shall be responsible for supervising and administering the security and guarding services throughout the country. The public security organs of the people's governments at and above the county level shall be responsible for supervising and administering the security and guarding services within their respective administrative areas. The associations of the security and guarding services industry shall, under the guidance of the public security organs, carry out self-disciplinary activities for the security and guarding services industry. Article 4 The security companies and entities employing security guards by themselves (hereinafter referred to as the security guard employers) shall establish a sound security and guarding services management system, post accountability system and security guard management system to intensify the management, education and training of security guards and improve the security guards' level of occupational ethics, eligibilities and awareness of responsibilities. Article 5 A security guard employer shall guarantee the security guards' lawful rights and interests in such aspects as social insurance, employment, labor protection, pay and fringe benefits, and education and training according to law. Article 6 The security and guarding services shall be civil and lawful and shall not impair the public interests or the lawful rights and interests of others. A security guard who engages in security and guarding services shall be protected by law. Article 7 The public security organs and other relevant departments shall commend and give awards to those security guard employers and security guards who made outstanding contributions to the protection of public security and the people's life and property safety and to the prevention and curbing of violations and crimes. Chapter II Security Companies Article 8 A security company shall satisfy the following requirements: 1. It has at least 1 million yuan of registered capital; 2. Its candidate legal representative and major managers shall have the professional knowledge and work experience for the relevant positions and have no such bad records as having been subject to criminal punishment, labor reeducation, rehabilitation or compulsory isolated drug treatment, or having been dismissed by a government organ or public institution or state-owned enterprise, or having been dismissed from the army; 3. It has professional technicians commensurate with its security and guarding services, among them, those for whom any law or administrative regulation prescribes qualification requirements shall have obtained the corresponding qualifications; 4. It has a premise and facilities and equipment necessary for the provision of security and guarding services; and 5. It has a sound organizational structure and security and guarding services management system, post accountability system and security guard management system. Article 9 To apply for establishing a security company, the applicant shall submit to the pubic security organ of the local people's government of the districted city an application, and materials which can certify that it meets the requirements as prescribed in Article 8 of this Regulation. The public security organ that accepts the application materials shall examine the application materials within 15 days after receiving them and submit the examination opinions to the public security organ of the province, autonomous region or municipality directly under the Central Government where it is located. The public security organ of the province, autonomous region or municipality directly under the Central Government shall make a decision within 15 days after receiving the said examination opinions; if the applicant satisfies the relevant requirements, it shall issue to it a security and guarding service license; if it does not meet the relevant requirements, it shall notify it in writing and make an explanation. Article 10 A security company to engage in the armed escorting services shall conform to the requirements of the public security department of the State Council for the planning and distribution of armed escorting services, meet the requirements as prescribed in Article 8 of this Regulation and satisfy the following conditions in addition: 1. having at least 10 million yuan of registered capital; 2. being a wholly state-owned company or having state-owned capital which accounts for at least 51% of the total amount of its registered capital; 3. having escorting security guards who meet the requirements as prescribed in the Regulation on the Management of Use of Firearms by Full-time Escorting Security Guards ; and 4. having the designated transport vehicles and communication and alarming devices which conform to the national standards or industrial standards. Article 11 To apply for establishing a security company to engage in the armed escorting services, an applicant shall submit to the pubic security organ of the local districted municipal people's government an application, and the materials which can certify that it meets the requirements as prescribed in Articles 8 and 10 of this Regulation. Where a security company applies for launching the armed escorting business, it is not required to resubmit the materials which can certify that it meets the requirements as prescribed in Articles 8. The public security organ that accepts the application materials shall examine the application materials within 15 days after receiving them and submit the examination opinions to the public security organ of the province, autonomous region or municipality directly under the Central Government where it is located. The public security organ of the province, autonomous region or municipality directly under the Central Government shall make a decision within 15 days after receiving the said examination opinions; if the applicant satisfies the relevant requirements, it shall issue to the applicant a security and guarding service license for the armed escorting business or add an indication of armed escorting business to its security and guarding service license; if it does not meet the relevant requirements, it shall notify it in writing and make an explanation. Article 12 A applicant who has obtained a security and guarding service license shall handle the industrial and commercial registration with the department for the administration of industry and commerce upon the strength of its security and guarding service license. If it fails to do so within 6 months after the obtainment of the security and guarding service license, the said security and guarding service license shall be invalidated. To establish a branch, a security company shall go through the filing formalities in the public security organ of the people's government of districted city where the branch is located. When making the filing, it shall provide the security and guarding services license and the industrial and commercial license of the head office, and the basic information about the legal representative of the head office, the person-in-charge of the branch and the security guards. If a security company is to change its legal representative, it shall be subject to the examination and approval of the original approval public security organ, and, upon the strength of the examination and approval document, go through the registration modification formalities in the department for the administration of industry and commerce. Chapter III Entities Employing Security Guards by Themselves Article 13 An entity employing security guards by itself shall have the legal person status, have security guards who meet the requirements prescribed by this Regulation, and have sound security service management system, post accountability system and security guard management system. An entertainment venue shall, under the Regulation on the Administration of Entertainment Venues, employ security guards from a security company, and shall not directly employ or engage security guards by itself. Article 14 An entity employing security guards by itself shall, within 30 days after the start of security and guarding services, go th......