Regulations of Yunnan Province on the Administration of Security Services (Amendment)

Regulations of Yunnan Province on the Administration of Security Services (Amendment)

(Adopted at the 17th meeting of the Standing Committee of the Eighth People's Congress of Yunnan Province on November 27, 1995, and amended in accordance with the Decision of the Standing Committee of the People's Congress of Yunnan Province on Amending and Repealing 16 Local Regulations Involving Administrative Licensing adopted at the 10th meeting of the Standing Committee of the Tenth People's Congress of Yunnan Province on June 29, 2004)

Directory

Chapter I General Provisions

Chapter II Establishment of Security Service Organizations and Recruitment of Security Personnel

Chapter III Security Service Organizations and Duties of Security Personnel

Chapter IV Supervision and Administration

Chapter V Reward and Punishment

Chapter VI Supplementary Provisions

Chapter I General Provisions

Article 1 In order to strengthen the management of security service organizations and security personnel, improve the quality of security services, promote the development of the security service industry, and maintain public order, these regulations are formulated.

Article 2 The establishment of security service organizations within the administrative area of this Province, the recruitment and employment of security personnel and the engagement of security service activities must comply with these Regulations.

Article 3 The security service organizations referred to in these Regulations are divided into the following two categories:

(I) social security service organization: refers to an enterprise that has been approved by the public security organ, registered with the administrative department for industry and commerce in accordance with the law, and provides paid services for public security such as guarding and escorting.

Internal (II) security service organization: refers to the organization established by enterprises and institutions with the approval of the public security organs to engage in internal guarding, escort and other public security prevention.

The term "security personnel" as mentioned in these Regulations refers to the personnel engaged in security services by social security service organizations or enterprises or institutions that have established internal security service organizations.

Article 4 Whoever engages in security services must abide by laws and regulations and safeguard the interests of the State, the public interest and the legitimate rights and interests of citizens.

Article 5 The public security organ is the competent authority of the security service industry. Public security organs at all levels shall supervise, manage and provide operational guidance to the security service organizations and their security personnel within their jurisdiction.

The departments of industry and commerce, taxation, labor and commodity prices shall, in accordance with their respective duties, cooperate with the public security organs to strengthen the management of social security service organizations.

Chapter II Establishment of Security Service Organizations and Recruitment of Security Personnel

Article 6 A city where the people's government at or above the county level is located may, according to needs, set up a social security service organization.

The management agencies of star-rated hotels, restaurants, scenic spots at or above the provincial level, nature reserves, development zones, and other enterprises and institutions that really need to establish internal security service organizations may establish internal security service organizations.

Units that have not established an internal security service organization shall employ social security service organizations if they need to use security personnel.

Article 7 The establishment of a security service organization shall meet the following conditions:

The person in charge of the (I) security service organization is familiar with the security business and has the corresponding legal knowledge;

(II) have the regulations of the social security service organization recognized by the public security organ or the management system of the internal security service organization;

(III) other conditions stipulated by laws and regulations.

Article 8 The establishment of a social security service organization shall apply to the local public security organ at the county level, report to the local, state, and municipal public security organ for approval, and issue the "Yunnan Provincial Social Security Service Permit."

The establishment of an internal security service organization shall apply to the local county-level public security organ, report to the local, state, and municipal public security organ for approval, and issue the "Yunnan Internal Security Service Permit."

Article 9 Security personnel must meet the following conditions:

Good (I) conduct, voluntary security work;

The (II) shall be between 18 and 45 years of age at the time of recruitment;

(III) good health and competent for security work;

(IV) have a junior high school education or above;

(V) have the necessary legal knowledge, security business knowledge and skills.

Those who have been subjected to public security detention, reeducation through labor or criminal punishment shall not serve as security guards.

Article 10 The recruitment of security personnel shall be conducted in public, and under the same conditions, priority shall be given to the recruitment of demobilized and retired personnel of the military and armed police forces.

The security personnel to be recruited must be examined and approved by the public security police station where their household registration is located or where they temporarily live.

Article 11 The recruited security personnel shall participate in pre-job training and pass the examination of the public security organs at or above the county level.

On-the-job security personnel must participate in the required security business training.

The pre-job training and on-the-job training of security personnel shall be organized and implemented by the local public security organs at or above the county level, and may also be entrusted to public security colleges or qualified social security service organizations and other units.

The time, content and method of security personnel training shall be separately stipulated by the provincial public security department.

Article 12 The social security service organization and the unit that establishes the internal security service organization shall sign a labor contract with the recruited security personnel in accordance with the relevant provisions of the state.

Social security service organizations and units that establish internal security service organizations shall participate in social insurance in accordance with the relevant provisions of the State. Personal accident insurance can be provided for security personnel as required.

Chapter III Security Service Organizations and Duties of Security Personnel

Article 13 Duties of security service organizations:

(I) carry out security service activities in accordance with the law, maintain the public security order of customers or units, and prevent and stop illegal and criminal activities;

(II) management of security personnel, safeguard the legitimate rights and interests of security personnel;

(III) other duties as required by laws and regulations.

Article 14 Duties of security personnel:

(I) carry out security prevention tasks such as guarding and escorting in accordance with the law;

(II) protect the scene of criminal and public security cases occurring in the duty area, and assist the public security organs to maintain the order of the scene;

(III), in accordance with the relevant provisions, check the documents of personnel entering and leaving the duty area and the entry and exit procedures of vehicles and articles;

(IV) do a good job of fire prevention, theft prevention, explosion prevention and public security accident prevention in the duty area;

(V) other duties as required by laws and regulations.

When security personnel discover criminals in the performance of their duties, they shall promptly transfer them to the public security organs or security organizations for handling; if they discover hidden dangers of insecurity, they shall be eliminated in time, and if they cannot be eliminated, they shall be reported in time.

Article 15 In the course of suppressing criminal activities, security personnel may use security devices in case of violent resistance.

Article 16 Security service organizations, client units and units that have established internal security service organizations shall not direct security personnel to engage in illegal activities.

Article 17 Security personnel shall not commit any of the following acts:

(I) deprivation or restriction of citizens' personal freedom;

(II) abuse, beat others or instigate others to beat others;

(III) extortion of property;

(IV) obstructing the personnel of state organs from performing their official duties according to law;

(V) fines or confiscation of property;

(VI) detain other people's legal documents and property of legal origin;

(VII) provide security services for others without permission;

(VIII) provide illegal services such as collection of money for customers or units.

Chapter IV Supervision and Administration

Article 18 The public security organs shall establish a security service inspection system to conduct regular inspections of security service organizations and the work conditions and disciplinary styles of security personnel to prevent and correct violations of laws and disciplines.

Article 19 The public security organs shall conduct annual inspections of the Yunnan Provincial Social Security Service Permit and the Yunnan Provincial Internal Security Service Permit.

Article 20 Security service organizations shall, under the guidance of public security organs, establish management systems for the study, training, duty, rewards and punishments of security personnel, and report to the local public security organs at the county level for the record.

Article 21 Social security service organizations and units that set up internal security service organizations shall strengthen the management, education and professional skills training of security personnel, improve the quality of security personnel, regularly check the implementation of discipline and system by security personnel, stop and correct violations of law and discipline in a timely manner, and report regularly to the public security organs.

The security service organization shall conduct a comprehensive assessment of the security personnel on a regular basis, and the results of the assessment shall be used as the basis for rewards and punishments for the security personnel, and the client unit shall be notified in writing.

Article 22 A social security service organization shall sign a security service contract with a client unit in accordance with the law. The security service contract shall specify the service content, service period, labor costs, liability for breach of contract, etc.

The social security service organization shall report the security service contract to the local county-level public security organ for the record within 15 days from the date of conclusion.

Article 23 On duty, security personnel shall wear uniform clothing, signs and security personnel work permits. Offenders are not allowed to take up their posts.

Article 24 On duty, security personnel may be equipped with uniformly prescribed security equipment, communications, alarm and other equipment, and may not be equipped with guns or police equipment. If it is necessary to temporarily equip guns and police equipment for the purpose of carrying out duties such as escorting banknotes and valuables or guarding key financial targets, they may be borrowed with the approval of the public security organ at the county level, and must be returned in time after completing their duties.

Where laws and administrative regulations provide otherwise, such provisions shall prevail.

Article 25 Security personnel shall abide by the duty discipline and perform their duties in a civilized manner. Before taking up their posts or during their duties, it is strictly forbidden to drink alcohol. During non-duty hours, they are not allowed to go out with security equipment.

Article 26 Without the approval of the Provincial Public Security Department, no unit or individual may manufacture or sell security equipment, clothing, signs, and certificates.

Security equipment, clothing, signs, certificates are limited to the use of security personnel, other units and individuals may not illegally hold and use.

The clothing, signs, work permit styles and types of security equipment of security personnel shall be separately stipulated by the provincial public security department.

Chapter V Reward and Punishment

Article 27 If a security service organization and its security personnel meet one of the following conditions, the local people's government or public security organ shall commend and reward them:

Outstanding performance in the (I) prevention and suppression of crimes or in the fight against criminals;

Those who have made remarkable achievements in (II) rescue and disaster relief, preventing public security accidents or other accidents, and safeguarding the safety of public property and citizens' lives and property;

(III) have made remarkable achievements or made relatively great contributions in other aspects of public security and prevention.

Article 28 if security personnel have outstanding deeds in stopping illegal and criminal activities and meet the conditions of "acting bravely for righteousness", the public security organ shall report to the relevant departments to award the honorary title of "citizen for righteousness.

Article 29 Whoever violates these regulations under any of the following circumstances shall be fined not less than 1,000 yuan but not more than 5,000 yuan by the public security organ at the county level:

(I) setting up security service organizations or engaging in security services without approval;

The (II) fails to recruit and employ security personnel according to the prescribed conditions and procedures;

(III) training security personnel without authorization from a public security organ.

In addition to punishing in accordance with the provisions of the preceding paragraph, the public security organs shall ban those who violate the provisions of item (I) of the preceding paragraph according to law; those who violate the provisions of item (II) of the preceding paragraph shall be ordered to dismiss the security personnel recruited or employed without authorization; and those who violate the provisions of item (III) of the preceding paragraph shall be confiscated of their illegal gains.

Article 30 If a security service organization, a client unit or a unit that has established an internal security service organization instigates security personnel to engage in illegal activities, the public security organ at the county level shall impose a fine of not less than 2,000 yuan and not more than 8,000 yuan, and the messenger and the person directly responsible shall be fined not less than 200 yuan and not more than 1,000 yuan respectively; if a crime is constituted, criminal responsibility shall be investigated according to law.

Article 31 under any of the following circumstances, the public security organ at the county level shall order it to make corrections and impose a fine of not less than 1,000 yuan but not more than 3,000 yuan:

(I) social security service organizations or units that have established internal security service organizations fail to participate in the annual inspection as required;

(II) social security service organization fails to report the security service contract to the public security organ for the record.

Article 32 In violation of the provisions of Article 26 of these Regulations, the county-level public security organs shall confiscate the security equipment, clothing, signs, certificates and their illegal income illegally manufactured and sold, and may impose a fine of one to four times the illegal income.

Whoever illegally holds or uses security equipment, clothing, signs or certificates shall be confiscated by the public security organ at the county level and imposed a fine of not more than 200 yuan.

Article 33 If a security service organization violates these regulations and the circumstances are serious, the public security organ shall revoke the Yunnan Provincial Social Security Service Permit or the Yunnan Internal Security Service Permit.

Thirty-fourth security personnel who violate the provisions of Article 17 of these regulations and commit acts specified in Items (V), (VI), (VII) and (VIII) shall be fined less than 200 yuan by the public security organ at the county level, and their security personnel certificate may be revoked if necessary. If there are acts specified in items (I), (II), (III) and (IV), the security personnel certificate shall be revoked by the public security organ at the county level, and in accordance with the "the People's Republic of China Public Security Management Punishment Regulations" to be punished; constitute a crime, criminal responsibility shall be investigated according to law.

Article 35 If a party is not satisfied with the administrative penalty decision made by the public security organ, he may apply to the public security organ at the next higher level for reconsideration within 15 days from the date of receiving the notice of penalty; if he is not satisfied with the reconsideration decision, he may bring a lawsuit in a people's court within 15 days from the date of receiving the reconsideration decision.

Where the law provides otherwise, such provisions shall prevail.

Article 36 Any functionary of a State organ who, in violation of these Regulations, abuses his power, engages in malpractices for personal gain and infringes upon the lawful rights and interests of security service organizations and security personnel shall be given administrative sanctions by his competent department; if a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter VI Supplementary Provisions

Article 37 The provincial public security department shall be responsible for the interpretation of the specific application of these regulations.

Article 38 These Regulations shall enter into force as of April 1, 1996. Security service organizations that have been established before the implementation of these regulations shall, within 60 days from the date of implementation of these regulations, apply again to the local public security organ at the county level, and go through the formalities for approval in accordance with the provisions of these regulations.