Within the framework of the 20th Session of the 18th Thanh Hoa Provincial People's Council, term 2021-2026, which took place on the afternoon of July 8, comrade Nguyen Ngoc Tien, member of the Standing Committee, Head of the Provincial Party Committee's Internal Affairs Committee, Head of the Provincial People's Council's Legal Committee, presented a report on the results of monitoring law enforcement in State management of a number of sectors and professions with conditional investment and business conditions on security and order (ANTT) in the province from 2021 to 2023.
Comrade Nguyen Ngoc Tien, Member of the Standing Committee, Head of the Provincial Party Committee's Internal Affairs Committee, Head of the Provincial People's Council's Legal Committee presented the Report.
I. SITUATION CHARACTERISTICS
1. General situation
In the province, there are currently 14/22 groups of industries and occupations with a total of 3,845 business establishments granted Certificates of eligibility for security and order. In which, the group of establishments with a large number is mainly concentrated in the following industries and occupations: Accommodation service business: 1,329 establishments (accounting for 34.56%); Gas business: 1,127 establishments (accounting for 29.31%); Karaoke service business: 687 establishments (accounting for 17.88%); Pawnshop service business: 381 establishments (accounting for 9.91%); Business using industrial explosives: 163 establishments (accounting for 4.24%); Massage service business: 69 establishments (accounting for 1.79%); Security service business: 39 establishments (accounting for 1.01%)...
According to decentralization, Department C06 of the Ministry of Public Security manages 6 establishments, with 2 types of business lines, the Provincial Police Department of Administrative Management of Social Order (PC06) manages 618 establishments, with 13 types of business lines, accounting for 16.1%, the District Police manage 1,636 establishments, with 6 types of business lines, accounting for 42.6%, the Commune Police manage 1,585 establishments, with 2 types of business lines, accounting for 41.3%.
2. Compliance with the law by business establishments with conditions on security and order in the province
In recent times, the majority of establishments operating in industries and professions with conditions on security and order have consciously complied with legal regulations during their operations. However, in addition to the positive impacts, a small number of establishments operating in some industries and professions always have potential complex factors regarding security and order, giving rise to crimes and violations of the law, specifically as follows:
Accommodation service business: There are many possibilities and favorable conditions for criminals to take advantage of to organize illegal drug use, prostitution, gambling, gambling organization, intentional injury, public disorder... and is a hiding place for wanted and sought-after subjects, hiding after committing crimes.
Karaoke and discotheque business: After a period of suspension to improve fire prevention and fighting conditions, most karaoke establishments have resumed operations. However, there is always a risk of criminals taking advantage of karaoke and discotheque establishments to organize illegal drug use, prostitution, human trafficking, public disorder, laughing gas trading, selling counterfeit and poor quality goods, etc.
Delegates attending the meeting.
Pawnshop business poses a great risk for criminals to take advantage of "black credit", "harboring and consuming assets obtained by others through crime", "debt collection", "intentionally causing injury", "disturbing public order"...
Business using industrial explosives carries a high risk of committing illegal acts such as: Using industrial explosives without a license to use; illegally buying, selling, and manufacturing industrial explosives; losing industrial explosives; exploiting beyond capacity; exploiting outside the boundary...
Massage service businesses mainly operate in traditional massage, acupressure, and regular physical therapy. However, some establishments have taken advantage of the massage business to operate in prostitution services, which complicate social evils.
Cosmetic surgery service business is an industry and profession that is often registered under the form of Spa, health care, beauty, cosmetic institute, skin care business, but in reality it provides "underground" cosmetic services such as using drugs, substances, equipment to intervene in the human body by surgery, procedures, injections, stings, pumping, burning or other invasive interventions... to change the identity of the person.
II. RESULTS ACHIEVED
1. Leadership and direction of state management of industries and business lines with conditions on security and order
Implementing Decree No. 96/2016/ND-CP dated September 22, 2016, Decree No. 56/2023/ND-CP dated July 24, 2023 of the Government and directives and instructions of the Central Ministries and branches, in the past time, the Provincial Police have advised the Provincial People's Committee to issue many directives and instructions for local departments, branches and branches to organize the implementation of legal provisions on management of conditional investment sectors and professions on security and order. At the same time, directly issued 62 documents directing professional units and the Police of districts, towns and cities to strengthen the management of conditional business sectors and professions on security and order to prevent, combat, stop and handle crimes and violations of the law.
The police of districts, towns and cities have promptly advised the Party Committees and authorities to issue and directly issue many documents directing departments, branches, unions and People's Committees at the commune level to organize propaganda so that people and businesses comply with the provisions of law; carry out management work according to their functions and tasks; participate in monitoring and preventing crimes.
2. Propaganda and training on legal regulations on conditional business lines and professions regarding security and order
The work of propagating and disseminating legal regulations on management of conditional investment and business sectors and professions regarding security and order to business owners and people of all walks of life has been carried out in many forms and with diverse and rich content, such as the Provincial Police Department has directed professional units to coordinate with Department PX03 to develop and post 73 news and articles on the industry's electronic information page; coordinate with the Provincial Radio and Television Station to broadcast 15 news and 5 reports on the "Thanh Hoa Security" column; open training courses; integrate propaganda content through periodic inspections and checks; Organize business establishments to sign a commitment to comply with regulations and conditions on security and order, widely propagate on the radio system of communes, wards, and towns... Thereby creating positive changes, contributing to raising awareness and sense of law compliance for business owners during business operations while helping to raise vigilance and sense of responsibility of people in preventing and fighting against violations related to industries and professions with conditions on security and order.
Delegates attending the meeting.
The Department of Administrative Management of Social Order of the Provincial Police and the Police of districts, towns and cities have organized training courses and provided professional guidance to officers and soldiers directly managing conditional investment and business establishments; issued documents guiding professional management, inspection and urging the police of wards and communes to implement.
3. Reception, appraisal and issuance of Certificate of eligibility for security and order
The work of receiving, appraising, and granting certificates of eligibility for security and order is basically carried out by the Department of Administrative Police for Social Order, the District and Commune Police, ensuring compliance with regulations on procedures. From 2021 to 2023, the Department of Administrative Police for Social Order, the District and Commune Police have issued 1,150 new certificates, changed 312 certificates, and reissued 35 certificates; revoked 288 certificates, of which: 167 certificates have a term, 121 certificates have no term. The implementation of the post-inspection regime for business establishments after issuing new, changing, and re-issuing certificates ensures compliance with the prescribed time.
4. State management of fire prevention and fighting and rescue for business establishments in industries and professions with conditions on security and order
State management of fire prevention and fighting for business establishments with security and order conditions is focused. Every year, propaganda, training on professional skills and knowledge of fire prevention, fighting and rescue are organized for the fire prevention and fighting force at the facility and owners of business establishments with security and order conditions. The design review, acceptance, and inspection to confirm the eligibility of fire prevention and fighting at business establishments with security and order conditions are carried out uniformly and in accordance with regulations.
In the period of 2021 - 2023, the inspection and examination of fire prevention and fighting at business establishments with conditions on security and order was focused on, with periodic and surprise inspections of 13,437 establishments (in 2021: 3,561 establishments; in 2022: 4,719 establishments; in 2023: 5,157 establishments); recommendations to overcome 26,282 shortcomings and deficiencies in fire prevention and fighting; 1,184 administrative violation records were drawn up; 1,184 administrative violations were administratively sanctioned, with a total amount of over 3.5 billion VND; 25 cases were temporarily suspended or suspended. During the monitoring period, 2 fires occurred at business establishments with conditions on security and order in the province.
5. Inspection and examination work; prevention, detection, combat, containment and handling of violations of the law.
Inspection and examination of compliance with legal regulations for business establishments in industries and professions with conditions on security and order are conducted regularly. In the period of 2021-2023, the Provincial Police conducted 7 inspections of 9,152 establishments, of which 2,157 establishments violated (in 2021: 559 establishments; in 2022: 724 establishments; in 2023: 874 establishments), with a fine of 10.9 billion VND, revoking 82 business licenses. Through inspection work, it shows that there are still many violations in conditional business establishments regarding security and order, mainly in the fields of accommodation services, karaoke, pawn services, and businesses using industrial explosives, concentrated in the following areas: Thanh Hoa city, Sam Son, Nghi Son town, Trieu Son district, Yen Dinh, etc. Particularly for the pawn service business, in 2023, the Director of the Provincial Police Department directed the simultaneous deployment and establishment of 735 working groups (mobilizing 2,395 officers and soldiers) to conduct a general inspection of 723/735 pawn service business establishments; handled violations at 388 establishments, fined more than 2.7 billion VND; prosecuted 18 cases, 29 subjects of criminal offenses related to pawn service business establishments. The above results were recognized and highly appreciated by the Party Committee and government, and supported by the people, contributing to maintaining the stability of security and order in the province.
Through inspection and examination activities, 190 reports and denunciations of crimes were received, processed, and resolved, including: 111 cases were prosecuted; 55 cases were transferred for administrative handling (24 reports were not processed due to verification of no violations). The Social Order Administrative Police force has coordinated well with the Police forces investigating drug, economic, and criminal crimes, detecting, arresting, and handling many criminal cases occurring at business establishments. In the period of 2021 - 2023, the Investigation Agency has prosecuted 209 cases/581 subjects at business establishments with conditions on security and order.
In addition, through inspection and examination, it has promptly discovered and recommended competent agencies to overcome loopholes in state management of conditional investment and business sectors on security and order; at the same time, it has created changes in awareness and law compliance of people and businesses.
6. Coordination of sectors in State management of security and order for conditional business sectors and professions
The functional sectors have increased the dissemination, propaganda and education of the law to agencies, enterprises, organizations and individuals; coordinated the provision and exchange of information between state management agencies and in inspection, examination and supervision activities. The Provincial People's Committee issued Decision No. 10/2024/QD-UBND dated March 25, 2024 on the Regulations on coordination in the management of industrial explosives and explosive precursors; the Provincial Police and the Department of Health have issued regulations on coordination in ensuring security and order in the health sector. The Provincial Police coordinated with the Department of Labor, War Invalids and Social Affairs to organize training for district-level officials on inter-sectoral inspection of prostitution prevention and control; karaoke and discotheque business... thereby helping to bring about positive effects in preventing, combating, preventing and combating crimes and violations of the law in the fields of investment and business sectors with conditions on security and order.
The monitoring delegation of the Provincial People's Council's Legal Committee monitors the implementation of legal provisions in State management of a number of conditional investment and business sectors and professions on security and order at the Provincial Police from 2021 to 2023 (May 2024). Photo: Document.
III. EXISTENCE, LIMITATIONS AND CAUSES
1. Existence, limitations
- The work of thoroughly grasping, implementing, propagating, disseminating and guiding the provisions of the law related to the conditional business activities of some local Party committees, authorities, agencies and units is still slow and not very effective. The advisory work of the Police and functional agencies at the district level for local Party committees and authorities to strengthen leadership and direction to improve the effectiveness of management of conditional business activities of security and order in some areas is still limited.
- The management of business establishments with conditions on security and order, especially pawnshops, karaoke, beauty salons, massage... in some localities is not strict, still allowing the situation of establishments operating in disguise, violating the law and giving rise to social evils, causing loss of security and order in the area and even having to be criminally prosecuted. There are still a number of accommodation and karaoke service establishments... in Thanh Hoa city, Sam Son city, Nghi Son town, Hoang Hoa, Ba Thuoc... that have not been granted certificates of security and order by the police but are still operating normally. Some areas of management are still limited such as: Some establishments operating "underground" cosmetic surgery services have not been thoroughly handled; there is no effective management solution for spontaneous discotheque, art performance, and public cultural business activities; many establishments are not operating in the registered business lines...
- Inspection, examination and handling of violations are sometimes not drastic, the results of handling violations are not commensurate with the violations, and the sanctions are not deterrent enough. Some units have low inspection efficiency, inspect and examine many times but do not point out specific violations and recommend handling. The control of safety conditions of some business services with high risk of fire and explosion such as explosives, gas, crowded accommodation, karaoke, and dance halls in some areas is not good, potentially causing complications in security and order.
- Coordination between the police force and departments, branches, sectors, and district-level People's Committees in exchanging and providing information for management work is not regular and close.
2. Causes
2.1. Objective causes
- Legal regulations related to the management of investment and business sectors with conditions on security and order still have shortcomings and are not suitable to reality, causing difficulties in the implementation process. Some types of business have transformed forms of operation and the nature of operations are similar to investment and business sectors with conditions on security and order, which are complicated but do not have specific regulations and instructions in management.
- The operating environment of business establishments with conditions on security and order is a place with potential complexities in security and order, the number of establishments currently in the province is large, while violations of the law are increasingly sophisticated, taking advantage of loopholes in the law, finding every way to cope, evade detection and handling by authorities; difficult to detect and combat.
- The awareness of self-compliance with the law of some establishments operating in industries and professions with conditions on security and order is not high. Some establishment owners are lax in management, only care about revenue and profit, violating the law and ethics in business activities.
2.2. Subjective causes
- Local Party committees and authorities in some places have not paid due attention to leadership and direction in strengthening state management of sectors and professions with conditional investment and business conditions on security and order, showing signs of "outsourcing to the police force and functional sectors".
- With the authority and responsibility assigned according to regulations, some leaders and commanders of district and commune-level police units have not been proactive and timely in directing, inspecting and urging the implementation of plans and tasks on management of investment and business sectors with conditions on security and order. The role of the masses in providing information on security and order, and denouncing violations of the law in this field has not been promoted well.
- Training and coaching for management staff is not really effective; staff arrangement in some places is not reasonable, and the working capacity of management staff in some functional sectors is still limited.
IV. RECOMMENDATIONS
1. Proposal to the Provincial People's Council
- Strengthen supervision of state management according to the functions of each sector and law enforcement in the management of conditional investment and business sectors and occupations on security and order to contribute to improving the effectiveness of coordination in ensuring security and order, preventing and combating crimes and law violations in the province.
- Recommend to the Government, Central Ministries and branches to study and add some types of business with similar operating methods to the types of investment and business sectors with conditions on security and order such as financial services, bars, pubs, clubs, Bolero tea room business, singing for each other, live music cafes... to the list of investment and business sectors with conditions on security and order for monitoring and management. Strictly and specifically regulate the conditions for establishment, operation and strong enough sanctions for groups of sectors that are prone to crime and law violations...
2. Proposal to the Provincial People's Committee
- Continue to thoroughly grasp and seriously and effectively implement Decree No. 96/2016/ND-CP dated July 1, 2026; Decree No. 56/2023/ND-CP dated July 24, 2023 on amending and supplementing a number of articles of Decree No. 96/2016/ND-CP and legal documents related to the management of conditional investment and business sectors on security and order.
- Strengthen the direction of departments, branches and sectors based on their functions, tasks and powers to perform well their roles and responsibilities in state management. It is necessary to soon promulgate the Regulation on coordination in managing sectors and professions with conditional investment and business on security and order in the province.
- Directing the promotion of propaganda and dissemination of laws in the field of specialized management so that organizations and individuals participating in investment and business activities with conditions on security and order know and comply with the provisions of law.
3. Provincial Police
- Proactively advise the Chairman of the Provincial People's Committee on solutions to implement the management of conditional investment and business sectors on security and order in the province to ensure strictness, contributing to maintaining security and order, serving the prevention, fight against and combating crime.
- Direct the Department of Administrative Police for Social Order Management and the District Police to strengthen administrative procedure reform in granting Certificates of Eligibility for Security and Order, along with strict control from the stage of receiving documents to proactively prevent violations.
- Strengthen inspection, examination, post-inspection and coordinate with competent agencies to organize inter-sectoral inspections to properly assess the actual operations of sectors and professions in order to have appropriate and effective management measures, and overcome loopholes that criminals can exploit. Resolutely handle, revoke or not issue new or exchange Certificates of eligibility for security and order for business establishments that do not meet security and order conditions or violate the law.
- Timely recommend, propose amendments, supplements and completion of legal documents on conditional investment and business sectors on security and order; recommend removing from the list of conditional investment and business sectors on security and order that are no longer suitable; add some sectors and occupations not yet in the management list that have many potential complications in security and order, giving rise to violations of the law and social evils.
- Strengthen training and raise political and professional awareness for the Administrative Police force on social order to serve work requirements; promptly and strictly handle cases of cover-up, corruption, and negativity, and at the same time encourage and reward groups and individuals who do a good job in management in this field.
4. Department of Planning and Investment
Strictly assess the issuance of Business Registration Certificates. Strengthen monitoring and synthesis of business situations; directly or request competent state agencies to inspect and supervise businesses according to the contents of business registration dossiers to promptly detect cases of operations not in accordance with the registered business lines or professions or failure to register business according to regulations. Promptly provide lists and information on newly established businesses, temporarily suspended business operations, and revoked business registration certificates for businesses that have registered business lines and professions with conditions on security and order according to the provisions of Decree No. 96/2016/ND-CP to the Provincial Police and relevant units for coordination in management.
Delegates attending the meeting.
5. Department of Industry and Trade
Improve the effectiveness of state management in assigned fields, and coordinate with the Provincial Police to organize inspections, checks, and post-inspections of compliance with legal regulations for gas business establishments, industrial explosives transportation businesses, explosive precursor materials, and industries and occupations using industrial explosives; promptly detect and strictly handle violations.
6. Department of Health
Strengthen the management of cosmetic service establishments that use drugs, substances, and equipment to intervene and change human identity (surgery, procedures, interventions involving injection, injection, pumping, radiation, waves, burning, or other invasive interventions)... must register their operating licenses in accordance with the law. Actively coordinate with relevant units to inspect, examine, and handle violations in accordance with the law.
7. Department of Culture, Sports and Tourism
Strengthen state management of culture and tourism; strictly implement the appraisal and licensing of operations and regularly review and correctly assess the actual situation of cultural services in the area, especially karaoke and discotheque businesses and other types of businesses that essentially operate as karaoke and discotheque services but are not registered for business or licensed to operate. Improve the effectiveness of the industry's inspection work to rectify and strictly handle violations in karaoke and discotheque business activities, spontaneous art performances and public culture.
8. People's Committees of districts, towns and cities
Strengthen the state management of business activities with security in the area; closely coordinate with the police force to organize inspection, examination, prevention, struggle, prevent and strictly handle violations.
Source: https://baothanhhoa.vn/ky-hop-thu-20-hddd-tinh-thanh-hoa-khoa-xviii-ket-quet-giam-sat-viec-chap-hanh -phap-luat-in-tac-tac-cu-nenoc-nuoc-doi-voi-voi-voi-voi-nganh-tghhe-dau-tu-kinh-doanh-dien-vantt-antt-antt-2188
Comment (0)