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People's Republic of China State Council

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[Abstract]:
People's Republic of China State Council
No. 564
The Regulations on the Administration of Security Services was passed at the 82nd executive meeting of the State Council on September 28, 2009

People's Republic of China State Council

No. 564

The Regulations on the Administration of Security Services was passed at the 82nd executive meeting of the State Council on September 28, 2009 and is hereby promulgated. It will come into effect on January 1, 2010.

Premier Wen Jiabao

October 13, 2009

The

Security Service Management Regulations

Chapter 1 General

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

Article 2 The term "security services" as used in these regulations refers to:

(1) According to the security service contract, the security service company dispatches security guards to provide services such as guarding, patrolling, guarding, escorting, personal guarding, security inspection, security technical prevention, and security risk assessment for the client.

(2) Safety guards such as guards, patrolling guards and guardians engaged in by the recruiting personnel of agencies, groups, enterprises and institutions;

(3) Services such as guarding, patrolling, and order maintenance carried out by personnel recruiting personnel of realty service enterprises in the realty management area.

The organs, groups, enterprises, institutions, and realty service enterprises listed in items (2) and (3) of the preceding paragraph are collectively referred to as self-employed security guards.

Article 3 The public security department of the State Council shall be responsible for the supervision and administration of the national security service activities. The public security organs of 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 conducts self-discipline activities in the security service industry under the guidance of public security agencies.

Article 4 Security service companies and self-employed security guards (hereinafter collectively referred to as security professionals) shall establish and improve the security service management system, post responsibility system, and security guard management system, and strengthen the management, education, and training of security guards. The security guard's professional ethics level, professional quality and sense of responsibility.

Article 5 Security professionals shall protect the legitimate rights and interests of security personnel in social insurance, labor employment, labor protection, wages and benefits, education and training in accordance with the law.

Article 6 Security service activities shall be civilized and lawful, and must not harm public interests or infringe the legal rights and interests of others.

Security guards engage in security service activities according to law and are protected by law.

Article 7 The public security agencies and security guards who have made outstanding contributions to the protection of public property and the safety of people’s lives and property, and the prevention and suppression of illegal and criminal activities shall be commended and rewarded by the public security organs and other relevant departments.

Chapter 2 Security Service Company

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

(1) Registered capital of not less than RMB 1 million;

(2) The legal representative and the main management personnel of the proposed security service company shall possess the professional knowledge and relevant business work experience required for their appointment. No criminal punishment, reeducation through labor, shelter education, compulsory isolation of detoxification or expulsion from public service, dismissal Military records and other bad records;

(3) There are professional and technical personnel that are suitable for the security services provided, among which the professional and technical personnel qualified by laws and administrative regulations shall obtain corresponding qualifications;

(4) The facilities and equipment necessary for shelter and provision of security services;

(5) There are sound organizational and security service management systems, post responsibility systems, and security guard management systems.

Article 9 An application for the establishment of a security service company shall submit the application and the materials that can prove its compliance with the conditions prescribed in Article 8 of the present Regulations to the public security organs of the people's government at the municipality where it is located.

The public security organ that accepts the application shall conduct an audit within 15 days from the date of receipt of the application materials, and submit the review opinions to the local public security organs of the provinces, autonomous regions, and municipalities directly under the Central Government. 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 shall issue a security service license to those who meet the conditions; if the conditions do not meet the requirements, notify the applicant in writing and explain the reasons.

Article 10 Security service companies engaged in armed guarding and escorting services shall comply with the planning and layout requirements of the public security department of the State Council for armed guard escort services, meet the conditions stipulated in Article 8 of these Regulations, and meet the following conditions:

(1) Registered capital of not less than RMB 10 million;

(2) The wholly state-owned or state-owned capital accounts for more than 51% of the total registered capital;

(3) There are guard and escort personnel who meet the conditions stipulated in the Regulations on the Use of Firearms by Full-time Guards and Escort Officers;

(4) There are special transportation vehicles and communication and alarm equipment that meet the national standards or industry standards.

Article 11 An application for the establishment of a security service company engaged in armed guarding and escorting services shall submit an application to the public security organ of the people's government at the municipality where it is located, and materials that can prove its compliance with the conditions prescribed in Articles 8 and 10 of the present Regulations. If a security service company applies for the addition of an armed guard and escort business, it is not necessary to submit again the materials that prove that it meets the conditions specified in Article 8 of the present Regulations.

The public security organ that accepts the application shall conduct an audit within 15 days from the date of receipt of the application materials, and submit the review opinions to the local public security organs of the provinces, autonomous regions, and municipalities directly under the Central Government. 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 shall, if the conditions are met, issue a security service license to engage in armed guards and escort businesses or increase the existing security service licenses. Note the armed guard escort service; if the applicant does not meet the conditions, notify the applicant in writing and explain the reason.

Article 12 An applicant who obtains a security service license shall go through industrial and commercial registration with the administrative authority for industry and commerce with a security service license. If the business registration has not been completed within 6 months after obtaining the security service license, the obtained security service license will be invalid.

Where a security service company establishes a branch company, it shall file with the public security organ of the municipal people's government where the branch company is located. The record should provide the company's security service license and industrial and commercial business license, the company's legal representative, branch manager and security guards.

If the legal representative of a security service company is changed, it shall be subject to examination and approval by the public security organ that originally examined and approved it, and shall submit the verification document to the administrative department for industry and commerce for change registration.

Chapter III Self-employed Security Guards

Article 13 A self-employed security guard shall have a legal personality, a security guard who meets the conditions prescribed in the present Regulations, a sound security service management system, a post responsibility system, and a security guard management system.

Entertainment venues shall employ security guards from the security service company in accordance with the "Regulations on Administration of Entertainment Venues" and must not recruit security guards on their own.

Article 14 A self-employed security guard shall, within 30 days from the date of the commencement of the security service, file with the public security organs of the municipal people's government in which the district is located. The following materials shall be provided for the record:

(1) Certificate of legal personality;

(2) The basic conditions of legal representative (main person in charge), person in charge of charge, and security guard;

(3) The basic situation of the security service area;

(4) Establishing a security service management system, post responsibility system, and security guard management system.

If a self-employed security guard no longer employs a security guard to perform security services, it shall withdraw the record from the public security organ that has filed it within 30 days from the date of stopping the security service.

Article 15 A unit that recruits security guards on its own may not provide security services outside of its own unit or outside the property management area.

Chapter IV Security Guards

Article 16 Chinese citizens who have reached the age of 18, are in good health and have good character, and Chinese citizens with junior high school education or above may apply for a security guard's card to perform security service work. If the applicant passes the examination of the public security organs of the municipal people's government in the district, passes the examination, and keeps fingerprints and other human biological information, it shall issue a security guard's card.

The 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 of the State Council.

Article 17 In any of the following circumstances, it shall not serve as a security guard:

(1) Has been subjected to hostage education, compulsory isolation of detoxification, reeducation through labor or administrative detention for more than 3 times;

(2) Having been criminally punished for intentional crimes;

(3) if the security guard certificate is revoked for less than 3 years;

(d) The security guard was revoked twice.

Article 18 A security professional unit shall employ personnel who meet the conditions of a security guard to serve as security guards and sign labor contracts with the security guards who are recruited according to law. Security practitioners and their security guards should participate in social insurance according to law.

Security work units shall regularly provide security and professional training for security guards in accordance with the needs of security service posts.

Article 19 Security professionals shall conduct regular assessments of security guards. If security guards are found to be unqualified or in serious violation of the management system, if they need to terminate their labor contracts, they shall handle them in accordance with law.

Article 20 A security business unit shall insure the security guard against accidental injury insurance according to the degree of risk of the security service position.

If the security guards are injured or killed due to work-related injuries, they are entitled to work-related injury insurance benefits in accordance with the relevant provisions of the State’s work-related injury insurance; if the security guards are sacrificed at the expense of the martyrs, they will enjoy preferential treatment in accordance with the provisions of the state’s martyrdom.

Chapter V Security Services

Article 21 The security service company shall provide security service contracts with the client units to provide security services, clearly stipulating the items, contents of the services, and the rights and obligations of both parties. After the security service contract is terminated, the security service company shall keep the security service contract for at least 2 years for future reference.

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

Article 22: Key security units designated by the local people's governments at or above the municipal level in a district, which relate to national security and involve state secrets, may not hire foreign-owned, Chinese-foreign joint ventures or Chinese-foreign cooperative security service companies to provide security services.

Article 23 Security service companies sending security guards across provinces, autonomous regions, or municipalities directly under the Central Government to provide security services to customers shall file with the public security organs of the municipal people's government where the service is located. The record shall provide the basic information of the security service company's security service license, industrial and commercial business license, security service contract, service project leader and security guard.

Article 24 A security service company shall provide standardized security services in accordance with the security service industry service standards. The security personnel dispatched by the security service company shall comply with the relevant rules and regulations of the client units. The client unit shall provide the necessary conditions and security for the security guards to engage in security services.

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

The surveillance image data and alarm records formed in the security service shall be kept for at least 30 days for future reference, and the security industry unit and client unit shall not revise or spread it.

Article 26 The security industry unit shall keep the state secrets, commercial secrets and information that the client units require to be kept confidential in the security service and keep it confidential.

Security professionals must not instruct and condone security guards from obstructing the implementation of official duties according to law, participating in debt recovery, using violence, or using violent threats to resolve disputes.

Article 27 Security guards shall wear security guards' posts and wear uniform national security service signs. The security guard's clothing and security service signs should be clearly distinguishable from those of the People's Liberation Army, the People's Armed Police and the People's Police, the administrative law enforcement agencies of industry and commerce and taxation, as well as the clothing of the people's courts and the staff of the People's Procuratorate.

The security guard's clothing is recommended by the National Security Service Industry Association and is selected by the security service practitioner within the scope of the recommended model. The security service logo design is determined by the National Security Service Industry Association.

Article 28 Security professionals shall provide the security guards with the necessary equipment in accordance with the needs of security service posts. The equipment and equipment standards for security service posts shall be stipulated by the public security department of the State Council.

Article 29 In the security service, security guards may take the following measures to perform security service duties:

(1) Checking the documents of personnel entering and leaving the service area, and registering the vehicles and articles entering and leaving the service area;

(2) Carry out patrols, guards, security inspections, and alarm monitoring within the service area;

(3) conducting safety inspections of personnel and the articles they carry in public places such as airports, stations, and docks, and maintaining public order;

(d) The implementation of armed guarding and escorting tasks may require the establishment of temporary quarantine areas as required by the task, but as far as possible, it shall reduce the impediments to the normal activities of citizens.

The security guards shall promptly stop the illegal and criminal acts that have occurred in the service area, and shall promptly report to the illegal and criminal activities that stop the invalidity and take measures to protect the scene.

The security guards engaged in armed guarding and escorting services shall use guns for the purpose of carrying out armed guarding and escorting tasks, and shall be carried out in accordance with the provisions of the Regulations on the Use of Firearms by Full-time Guard Escort Officers.

Article 30 Security guards may not have the following acts:

(1) Restrict the freedom of others, search the body of another person, or insult or beat others;

(2) Seizure, confiscation of other people's documents and property;

(3) Obstructing the implementation of official duties according to law;

(4) to participate in the recovery of debts, use violence, or use violence as a threat to dispose of disputes;

(5) to delete or modify surveillance image data or alarm records formed in security services;

(6) Violating personal privacy or leaking the state secrets, commercial secrets and information that the client unit has explicitly requested to be kept secret in the security service;

(7) Other acts that violate laws and administrative regulations.

Article 31 Security guards have the right to refuse the execution of illegal instructions from a security practitioner or client. A security professional unit may not release a labor contract with a security guard because the security guard does not implement the illegal instruction, reduce its labor remuneration and other treatment, or stop payment or underpay social insurance fees that should be paid according to law.

Chapter 6 Security Training Units

Article 32 Security training units shall meet the following conditions:

(1) It is a security service company established in accordance with the law or a legally established school or vocational training institution established according to law;

(2) The strength of the teaching staff required for security training, among which the security professional teachers should have bachelor degree or above, or more than 10 years of work experience in security management;

(3) Teaching facilities such as places and facilities required for security training.

Article 33 An entity that applies for security training shall submit an application and the materials that can prove its compliance with the conditions stipulated in Article 32 of the present Regulations to the public security organ of the people's government at the municipality where it is located.

The public security organ that accepts the application shall conduct an audit within 15 days from the date of receipt of the application materials, and submit the review opinions to the local public security organs of the provinces, autonomous regions, and municipalities directly under the Central Government. 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 shall issue a security training permit to those who meet the conditions. In case of non-compliance, the applicant shall notify the applicant in writing and explain the reasons.

Article 34 The training of firearms used by security guards engaged in armed guards and escorts shall be undertaken by the People's Police Academy and the People's Police Training Institution. The people's police academies and people's police training institutions undertaking the training shall file with the local public security organs of the provinces, autonomous regions, and municipalities directly under the central government.

Article 35 A security training unit shall formulate a teaching plan in accordance with the training outline for security guards, and provide training for law- and security-related professional knowledge and skills as well as professional ethics education for the personnel undergoing training.

The training program for security guards is approved by the public security department of the State Council.

Chapter VII Supervision and Management

Article 36 Public security agencies shall instruct security practitioners to establish a sound security service management system, post responsibility system, security guard management system, and emergency contingency plans, and supervise security practitioners to implement relevant management systems.

The security professional units, security training units and security guards shall be subject to supervision and inspection by public security agencies.

Article 37 The public security organ shall establish a security service supervision and management information system and record relevant information of the security business unit, security training unit and security guard.

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

Article 38 The people's policemen of public security organs shall show their credentials for the supervision and inspection of security professionals and security training units. They shall supervise and urge their corrections for problems found during the supervision and inspection. The situation of supervision and inspection and the results of the handling shall be recorded truthfully and signed by the supervisors and inspectors of the public security organs, and the persons in charge of the security industry and security training units.

Article 39 Public security organs of people's governments at or above the county level shall publicize complaints and accept public complaints against security practitioners, security training units and security guards. The public security organ that receives the complaint shall promptly investigate and handle it, and report back to the investigation result.

Article 40: State agencies and their staff may not establish security service companies, and may not participate or disguise themselves in the business activities of security service companies.

Chapter VIII Legal Liability

Article 41 Any organization or individual who engages in security services and security training without permission shall be given a penalties for public security administration in accordance with the law, and shall confiscate the illegal gains; if a crime is constituted, criminal responsibility shall be investigated according to law.

Article 42 If a security professional unit has any of the following circumstances, it shall be ordered to make corrections within a time limit and a warning shall be given. If the circumstances are serious, a fine of more than 10,000 yuan but not more than 50,000 yuan shall be imposed; if there is any illegal income, the illegal gains shall be confiscated:

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

(2) failing to record or cancel the record in accordance with the provisions of these Regulations;

(3) Self-employed security guards carry out security services outside their own units or outside the realty management area;

(4) Recruiting personnel who do not meet the conditions specified in these regulations as security guards;

(5) The security service company fails to verify the legality of the security service requested by the client unit, or fails to report the illegal security service request to the public security organ;

(6) The security service company fails to sign or keep the security service contract in accordance with the provisions of these regulations;

(7) Failing to retain monitoring image data and alarm records formed in the security services in accordance with the provisions of these Regulations.

If the customer entity fails to retain the monitoring image data and alarm records formed in the security services in accordance with the provisions of these Regulations, it shall be punished in accordance with the provisions of the preceding paragraph.

Article 43 If a security professional unit has any of the following circumstances, it shall be ordered to make corrections within a time limit, and a fine of no less than 20,000 yuan but no more than 100,000 yuan shall be imposed; in case of violation of public security administration, public security administration shall be punished according to law; if it constitutes a crime, it shall be held liable directly for investigation. The criminal responsibility of supervisors and other directly responsible persons:

(1) Leaving out the state secrets, commercial secrets and information explicitly requested by the client unit for confidentiality obtained in the security service;

(2) the use of monitoring equipment to infringe upon the legal rights or privacy of others;

(3) the deletion or modification of surveillance image data or alarm records formed in the security services;

(4) Instigating and conniving that the security guards are obstructing the execution of their official duties according to law, participating in the recovery of debts, using violence or using violence as a threat to dispose of disputes;

(5) Lack of management, education and training of security guards, and the occurrence of security officer crimes and cases, with serious consequences.

Where a customer unit deletes or diversifies surveillance image data or alarm records formed in security services, it shall be punished in accordance with the provisions of the preceding paragraph.

Article 44: Security Employees who cancel security contracts with security guards, and reduce their labor remuneration and other benefits because security guards do not implement illegal instructions, or stop payment or pay less social insurance fees that should be paid by them according to law. The penalties imposed by the security professional units and the compensation for the security guards shall be implemented in accordance with the laws and administrative regulations concerning the labor contracts and social insurance.

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

(1) restricting the liberty of others, searching the body of another person or insulting or beating others;

(2) Seizure, confiscation of other people's documents and property;

(3) Obstructing the implementation of official duties according to law;

(d) engaging in debt recourse, violence, or the use of violent threats to resolve disputes;

(5) Deleting or diffusing monitoring image data or alarm records formed in security services;

(6) Violating personal privacy or leaking state secrets, commercial secrets and information that the client unit has explicitly requested to be kept secret in the security service;

(7) There are other violations of laws and administrative regulations.

If security guards engaged in armed guards and escorts use guns in violation of the regulations, they shall be punished in accordance with the provisions of the Regulations on the Use of Firearms by Full-time Guards and Escort Officers.

Article 46 Where a security guard causes personal injury or death or property damage to another person in the security service, the security operator shall make a payment; if the security guard intentionally or grossly negligently, the security practitioner may claim compensation from the security guard according to law.

Article 47 Where a security training unit fails to perform training in accordance with the provisions of the training program for security guards, it shall be ordered to make corrections within a time limit and shall be given a warning; if the circumstances are serious, a fine of 10,000 yuan up to 50,000 yuan shall be imposed concurrently; If fraudulent activities are conducted, public security management punishments shall be imposed according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.

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

Article 49: The people's policemen of public security organs who abuse their power, neglect their duties, and engage in irregularities in the supervision and management of security service activities shall be given sanctions in accordance with the law; if a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter IX Supplementary Provisions

Article 50 The styles of security service licenses, security training licenses, and security guards' certificates shall be prescribed by the public security department of the State Council.

Article 51 The security service companies and security training units that have been established before the implementation of these regulations shall apply for security service licenses and security training licenses within six months from the date when this Regulation is implemented. A self-employed security guard before the implementation of these Regulations shall file with the public security organ within 3 months from the date when this Regulation is implemented.

Security guards who have been engaged in security services before the implementation of this Regulation shall organize training by the security guard’s unit within 1 year from the date of the implementation of this Regulation, pass examinations of the public security organs of the municipal people’s government in the district, review the qualifications, and retain fingerprints and other human biological information. , issued a security guard certificate.

Article 52 This Regulation shall come into force on January 1, 2010.