Measures for the Administration of Security Training Institutions

Order of the Ministry of Public Security of the People's Republic of China

No. 85

The Measures for the Administration of Security Training Institutions, which were adopted at the executive meeting of the Ministry of Public Security on November 23, 2005, are hereby promulgated and shall come into force as of March 1, 2006.

December 31, 2005

Measures for the Administration of Security Training Institutions

Chapter I General Provisions

Article 1 In order to regulate the management of security training institutions by public security organs and maintain the order of the security training market, these Measures are formulated in accordance with the Administrative Licensing Law of the the People's Republic of China Council and the Decision of the State Council on the Establishment of Administrative Licenses for Administrative Examination and Approval Items that Really Need to be Retained and other relevant laws and regulations.

Article 2 The establishment of security training institutions within the territory of the People's Republic of China shall comply with these Measures.

The term "security training institutions" as mentioned in these Measures refers to organizations that train personnel engaged in or preparing to engage in security service occupations in the knowledge and skills of security laws and security precautions.

Article 3 Security training shall follow the principles of good faith, fair competition, standardized management and voluntary compensation.

Chapter II Establishment of Security Training Institutions

Article 4 The establishment of a security training institution shall meet the following conditions:

Organizations (I) to establish security training institutions shall have legal personality, and individuals who establish security training institutions shall have full capacity for civil conduct;

The (II) has a campus and school buildings suitable for the training scale;

(III) have training venues, libraries, reading rooms, experimental and internship facilities and equipment that match the training content and meet the training requirements;

(IV) have full-time and part-time teachers suitable for the training content and training scale, among which the security professional teachers must have a college degree or above and more than 5 years of public security or security work experience;

The (V) has a registered capital of more than 1 million yuan;

(VI) applicants, investors, legal representatives, managers and teachers have no intentional criminal record and mental history;

The main person in charge of the (VII) shall have work experience in political and legal organs, the army, or education and training.

Article 5 To apply for the establishment of a security training institution, the application form for the establishment of a security training institution shall be filled in, and the following materials shall be provided and submitted to the public security organ of the municipal people's government divided into districts for examination:

(I) establishment report, including the applicant, the name of the training institution, training objectives, training scale, training level, training content, training conditions and internal management system, etc;

(II) the source of assets, the amount of funds and valid supporting documents, and specify the ownership of property rights;

Relevant qualification certificates of the (III) applicant, legal representative, management personnel and teaching staff.

Article 6 After receiving the above-mentioned application materials, the public security organ of the people's government at the city level divided into districts shall handle them in accordance with the following provisions:

If the (I) meets the requirements of the application materials, it shall issue a written certificate of receipt of the application materials;

If the application materials are incomplete or do not conform to the legal form, the (II) shall inform all the contents that need to be supplemented and revised at one time on the spot;

If the (III) makes any mistake in the application materials, it shall allow the applicant to correct it on the spot.

The public security organ of the municipal people's government divided into districts shall complete the examination within 7 days after receiving the application materials, and directly submit the preliminary examination opinions and all the application materials to the public security organ of the provincial people's government for examination. The public security organ of the people's government at the provincial level shall not require the applicant to provide the application materials repeatedly.

Article 7 after receiving the application materials and the examination opinions of the public security organs of the people's governments at the municipal level divided into districts, the public security organs of the people's governments at the provincial level shall deal with them in accordance with the following provisions:

If the (I) meets the application conditions, it shall accept the application and issue a written certificate;

If the (II) does not fall within the scope of the authority of the organ or the licensing matters stipulated in these measures, it shall immediately make a decision not to accept it and issue a written certificate.

Article 8 For an application that has been accepted, the public security organ of the provincial people's government shall conduct a feasibility and authenticity review of the following materials submitted by the applicant, and conduct on-site inspections of the campus and facility construction of the training institution:

Application form for establishment of (I) security training institution;

Report on the establishment of (II) security training institutions;

(III) campus, school buildings, funds and other relevant supporting documents;

(IV) qualification documents of relevant personnel.

The public security organ of the people's government at the provincial level shall, within 20 days from the date of accepting the application, make a decision in writing on whether to grant or not to grant permission. If the establishment of a security training institution is permitted, a "Security Training Permit" shall be issued at the same time and reported to the Ministry of Public Security for the record; if it is not permitted, a written certificate of disapproval shall be issued, the applicant shall be notified and the reasons shall be explained.

Article 9 After obtaining the Security Training Permit, the applicant shall, in accordance with the relevant laws and regulations, go through the relevant legal procedures with the relevant departments.

Article 10 After the establishment of a security training institution, if it needs to change its name, domicile, legal representative, principal (president), investment subject or training type, it shall go to the public security organ that issued the Security Training Permit within 20 days after the change. Go through the change procedures.

Article 11 The security training license shall be valid for 5 years. If the expiration of the validity period needs to be extended, the security training institution shall go through the license extension procedures with the license issuing authority within 3 months before the expiration of the validity period. The license-issuing authority shall conduct a review in accordance with these Measures, and extend the period if it meets the conditions; if it does not meet the conditions, it shall not extend the period, and explain the reasons.

Article 12 Where education and vocational training institutions (including martial arts schools) established in accordance with the law carry out security training, they shall be implemented in accordance with these Measures.

Chapter III Daily Management

Article 13 The trainees recruited by security training institutions must meet the following conditions:

Chinese citizens (I) the age of 18 to 50;

(II) male height is not less than 160cm, female height is not less than 155cm;

(III) good health, no history of diseases such as mental illness that cannot control their own behavior ability;

(IV) junior high school education or above;

(V) have no criminal record.

Article 14 Security training institutions shall, according to the training content and training plan, conduct training for trainees for more than 2 months and not less than 264 class hours.

Article 15 The internship time for trainees of security training institutions shall not exceed 1/3 of the training time.

Security training institutions shall not provide security services to the society or provide security services in disguised form in the name of internship.

Article 16 Security training institutions shall, in accordance with laws, regulations, the training outline for security guards formulated by the Ministry of Public Security and the national professional standards for security guards, formulate training contents and training plans, and report them to the public security organs of the people's governments at the provincial level where they are located for the record.

Security training institutions shall not impart the reconnaissance techniques and means that are proprietary to public security organs, national security organs and procuratorial organs in accordance with the law. Training in the use of firearms shall be conducted by training institutions designated by the public security organs of the people's governments at the provincial level. If laws and regulations have other special requirements for training contents and trainees, they shall be implemented in accordance with relevant provisions.

Article 17 A security training institution shall issue a certificate of completion to the trainees who have completed the training plan, content and class hours and passed the examination.

Article 18 Security training institutions shall establish and improve the student file management system, and implement computer management of basic information such as student performance, assessment and appraisal. The student's documents and files shall be kept until the end of the fifth year after the student leaves school after graduation.

Security training institutions shall report the documents, files and electronic documents of trainees and teachers to the public security organ of the municipal people's government divided into districts where they are located for the record.

Article 19 The standards for training fees collected by security training institutions shall be approved by the public security organs of the people's governments at the provincial level in consultation with the price authorities at the same level, and announced to the public.

Article 20 A security training institution shall sign a standardized training contract with the trainees when they enter the school, clarify the rights and obligations of both parties, and truthfully inform them of possible employment risks. The form of a security training contract shall be reported to the public security organ of the municipal people's government divided into districts where the security training institution is located for the record.

21st security training institutions shall not carry out security training business in the form of subcontracting, shall not entrust the security training institutions or individuals without the legal permission of the public security organs to carry out security training business.

Article 22 Security training institutions shall publish enrollment advertisements in accordance with the law, and shall not exaggerate the facts or lure trainees into enrollment in the name of job arrangements.

Chapter IV Guarantee Fund System

23rd security training institutions should be in accordance with a certain proportion of trainees' training fees, set up the rights and interests of the participants. If the training scale is less than 500 people, the total amount of security fund shall not be less than 300000 yuan; if the training scale is more than 500 people, the total amount of security fund shall not be less than 500000 yuan.

The guarantee fund is used to protect the rights and interests of trainees due to fraud or non-performance of the contract by the training institution.

Article 24 The security training institution shall sign the "Entrusted Supervision Guarantee Fund Agreement" with the public security organ of the municipal people's government where the institution is located, and deposit the guarantee fund into a designated bank account in accordance with the agreement.

The guarantee fund and its interest shall be supervised by the public security organ of the municipal people's government divided into districts in accordance with the Agreement on Entrusted Supervision of Guarantee Funds.

Article 25 The security fund and its interest shall be owned by the security training institution, but shall not be used for purposes other than those specified in the second paragraph of Article 23 of these Measures. When a security training institution is dissolved, bankrupt, merged or divided, the security fund and its interest shall be treated as part of the assets of the training institution and shall be dealt with in accordance with relevant laws and regulations.

Article 26 when a security training institution is unable to implement the award of the arbitration institution or the judgment of the people's court, or is unable to pay compensation to the trainees, it may apply in writing to the public security organ entrusted with supervision for the use of the security fund and its interest, but the amount applied shall not exceed 50% of the total amount of the security fund, and shall make up the security fund within 60 days.

Article 27 If a security training institution is revoked its "Security Training Permit" or terminates its security training business, it shall issue an announcement on the provincial news media designated by the public security organ. If there is no complaint or lawsuit against the institution within 90 days, it can collect the security fund and its interest from the bank with the certificate issued by the public security organ entrusted to supervise.

Chapter V Supervision and Inspection

Article 28 the public security organs of the people's governments at the municipal level divided into districts shall establish and improve the supervision system, strengthen the inspection and supervision of the activities of security training institutions engaged in administrative licensing matters, and promptly correct, investigate and deal with illegal acts in security training.

When the public security organ of the municipal people's government divided into districts supervises and inspects the activities of security training institutions engaged in administrative licensing matters in accordance with the law, it shall record the supervision and inspection and the results of the handling, and file them after being signed by the supervisors and inspectors. The public shall have the right to consult the records of supervision and inspection.

Article 29 The public security organs of the people's governments at the districted city level shall conduct supervision and inspection, and shall not hinder the normal business activities of security training institutions, shall not ask for or accept property from security training institutions, and shall not seek other benefits.

Article 30 Individuals and organizations that discover that security training institutions are illegally engaged in activities of administrative licensing matters shall have the right to report to the public security organs, and the public security organs of the municipal people's governments divided into districts shall promptly verify and deal with them in accordance with the law.

Article 31 if the public security organ of the people's government at the municipal level divided into districts finds that the security training institution has obtained the security training license by deception, bribery and other improper means in the course of supervision and inspection, it shall submit the relevant materials for verification to the public security organ of the people's government at the provincial level that made the licensing decision, and the public security organ of the people's government at the provincial level shall revoke the security training license.

If a security training institution is revoked due to fraud, bribery and other improper means, its legal representative and person in charge shall not engage in security training within 5 years.

Article 32 Under any of the following circumstances, the public security organ of the people's government at the provincial level shall handle the cancellation procedures of the Security Training Permit in accordance with the law:

(I) the expiration of the Security Training Permit is not renewed;

The (II) security training institution is terminated according to law;

(III) the Security Training Permit is revoked or withdrawn according to law.

Chapter VI Penalties

Article 33 Without the approval of the public security organ of the provincial people's government, the establishment of a security training institution to carry out security training business shall be banned and punished by the public security organ of the municipal people's government divided into districts in accordance with Article 54 of the the People's Republic of China Public Security Administration Punishment Law.

For those who obtain the security training license by deception, bribery and other improper means, the public security organ of the municipal people's government divided into districts shall impose a fine of 10000 yuan to 30000 yuan on the security training institution, and impose a fine of 200 yuan to 1000 yuan on the person in charge and other persons directly responsible, The public security organ that issued the license shall revoke the security training license.

Article 34 If a security training institution violates the provisions of Article 10, Article 15 or Article 20 of these Measures, the public security organ of the municipal people's government divided into districts shall impose a fine of 5000 yuan up to 30000 yuan and order it to make corrections within a time limit.

If a security training institution violates the provisions of Article 22 of these measures, the public security organ of the municipal people's government divided into districts shall impose a fine of not less than 5000 yuan but not more than 30000 yuan, and shall be ordered to refund all the tuition fees of the trainees; if the act constitutes a violation of public security management, it shall be punished by public security management according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.

Article 35 If a security training institution violates the provisions of Article 13 or the first paragraph of Article 16 of these Measures, the public security organ of the municipal people's government divided into districts shall order it to make corrections within a time limit.

If a security training institution violates the provisions of the second paragraph of Article 16 of these measures, the public security organ of the municipal people's government divided into districts shall order the security training institution to cancel the teaching qualification of teachers, and impose a fine of 2000 yuan up to 10000 yuan on the security training institution.

Article 36 If a security training institution violates the provisions of Article 14, Article 17, Article 18, Article 19 or Article 21 of these Measures, the public security organ of the municipal people's government divided into districts shall order the security training institution to make corrections within a time limit; if it fails to make corrections within the time limit, it shall be fined between 2000 yuan and 10000 yuan.

Article 37 If a security training institution violates these measures after being fined twice by the public security organ for violating these measures, the public security organ issuing the license shall revoke the security training license in accordance with the provisions of Article 54 of the the People's Republic of China security administration punishment law.

Article 38 If a citizen, legal person or other organization is not satisfied with the decision of the public security organ not to grant permission, and if a security training institution or individual is not satisfied with the punishment decision of the public security organ, he may apply for administrative reconsideration or bring an administrative lawsuit according to law.

Article 39 If a public security organ and its people's police commit any of the following acts in the course of their work, the persons directly in charge and other persons directly responsible shall be given administrative sanctions according to law; if a crime is constituted, criminal responsibility shall be investigated according to law:

(I) issuing Security Training Permit to applicants who do not meet the establishment conditions;

The (II) does not grant permission to the applicant who meets the establishment conditions or does not make a decision on permission within the time limit stipulated in these Measures;

(III) soliciting or accepting bribes from parties or seeking other benefits;

The (IV) fails to pursue legal responsibility for violations of these Measures in accordance with the law;

(V) imposing penalties or collecting fees in violation of laws, regulations and the provisions of these Measures;

(VI) other abuse of power, dereliction of duty, favoritism.

Chapter VII Supplementary Provisions

Article 40 The format of the "Security Training Permit" and other legal documents shall be formulated by the Ministry of Public Security, and printed by the public security departments and bureaus of all provinces, autonomous regions, and municipalities directly under the Central Government.

Article 41 These Measures shall enter into force as of March 1, 2006.

Attachment: 1. Security training permit (omitted)

2. Application Form for Establishment of Security Training Institution (omitted)

3. Agreement on Entrusted Supervision Guarantee Funds (omitted)