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Administrative measures of Shenzhen Municipality on security services
Visit:563次   Date:2020-03-17
Article 1 In order to strengthen the supervision and management of units and individuals engaged in security service activities, promote the healthy development of the security service industry, and improve the ability of social security prevention, these measures are formulated in accordance with relevant laws and regulations and in accordance with the actual conditions of this city.
Article 2 These Measures shall apply to security service activities in Shenzhen (hereinafter referred to as this city) for human security, personal security, security guarding, installation, maintenance, repair of safety technology prevention facilities, or provision of security consultation.
Article 3 Security services must comply with national laws, regulations and related policies, and respect social morality. Units and individuals should understand, support and respect security work. Units employing security guards shall safeguard the legitimate rights and interests of security guards in accordance with law. Encourage units to hire security guards to purchase accidental injury insurance for security guards.
Article 4 A security service enterprise established in accordance with the law may accept other units to provide paid security service operations.
Article 5 Security service enterprises and security officers have the obligation to participate in emergency response work. In the event of an emergency that endangers public safety and social stability, the municipal or district public security organs may call the security service enterprise security officer or requisition security equipment. The municipal or district public security organs may call the security service enterprise security officer and requisition security equipment. make up.
Article 6 The municipal public security organ is the administrative department in charge of the city's security service industry and uniformly supervises and manages the city's security service industry. The district public security organs are responsible for the supervision and management and business guidance of the security service activities within their jurisdiction. The industrial and commercial (price), taxation, labor security, education and other departments shall supervise and manage security service activities in accordance with their respective responsibilities.

Chapter 2 Security Service Enterprises  
Article 7 A security service enterprise shall have the status of an independent legal person, operate independently, and bear its own profits and losses. The establishment of a security service enterprise shall be approved by the provincial public security organs in accordance with the relevant state regulations and apply for a business license to the local industrial and commercial administrative department.
Article 8 A security service enterprise may engage in the following businesses according to law: (1) Human security, property, property, government, enterprise, public institution, group, residential area, fair market, stock exchange, airport, dock, station, warehouse, etc. Personal security and human security for large-scale activities; (2) the escorting of currency, securities, gold and silver jewelry, cultural relics, art, and other valuables; (3) installation, maintenance, and repair of safety technology prevention facilities; (4) ) Security prevention consultation and evaluation; (5) Other security service items that can be engaged in according to laws and regulations.
Article 9 If a security service enterprise not registered in this Municipality (hereinafter referred to as a security service enterprise outside the city) conducts security service operation activities in this city, the following shall be made within ten working days from the date of providing security services in this city The materials are submitted to the municipal public security organ for the record: (1) a photocopy of the business license; (2) the establishment of the organization and various rules and regulations; (3) a copy of the employment documents and identity documents of the legal representative of the unit and the main person in charge of the branch in this city (4) A copy of the security officer's ID card and qualification certificate; (5) A copy of the security service contract.
Article 10 Security service enterprises shall perform the following obligations in accordance with the law: (1) to provide security services in accordance with security service contracts; (2) to be responsible for the education, training and daily management of security guards; (3) to regularly supervise and inspect the services of security guards assigned to them (4) Assist relevant departments to maintain social order, prevent and suppress illegal and criminal activities; (5) Other duties prescribed by laws and regulations.
Article 11 Security service enterprises shall actively create conditions for purchasing accidental injury insurance for security guards, and protect the following rights of security guards hired according to law: (1) to enjoy the necessary conditions for security guards to perform their duties in accordance with law; (2) to participate in the employment of security guards (3) Participate in social insurance such as endowment, medical treatment, and work injury according to law and enjoy corresponding treatment; (4) Receive commendations and awards in accordance with relevant regulations; (5) Other rights provided by laws, regulations and rules.
Article 12 A security service enterprise shall establish a security information system including the following archives and communicate with the security supervision information system of the municipal public security organ; (1) basic information such as the legal representative and operating site of the security service enterprise; (2) security Personal electronic archival data of security personnel; (3) information on security defense equipment and anti-explosion firearms of armed escort services and their equipment; (4) education and training of security personnel, and the status of holding security personnel qualification certificates; The circumstances of the case. If the content specified in the preceding paragraph changes, the security service enterprise shall report the relevant materials to the municipal public security organ within seven working days from the date of the change.
Article 13 Security service enterprises shall not engage in the following activities: (1) beyond the scope of operation; (2) providing security services for enterprises and institutions and other organizations that have not been established in accordance with the law; (3) accepting the entrustment of others to participate in the handling of civil disputes and economic issues Disputes or labor disputes; (4) Guarding or escorting prohibited items without approval; (5) Obstructing the staff of state organs from performing their official duties according to law; (6) Other activities prohibited by laws and regulations.
Article 14 A security service enterprise engaged in the installation, operation, repair and maintenance of various security technology prevention facilities shall not: (1) illegally install monitoring facilities; (2) leak the security technology protection engineering secrets of customer units; (3) ) Illegal use of alarm records and monitoring image data; (4) Other acts that affect the effective use of safety technology prevention projects.

Chapter III Units hiring security guards by themselves  
Article 15 An entity may, according to its own security work needs, hire security guards who have obtained a security officer's qualification certificate in accordance with the provisions of these Measures to perform security services of the entity.
Article 16 When a unit recruits a security guard, it shall submit the information such as the security guard's ID card and qualification certificate copy to the local public security organ for record within seven days from the date of hiring the security guard.
Article 17 Key units in public security shall establish internal security organizations. The person in charge of the internal security organization shall be a staff member of the unit, have relevant legal knowledge and security management work experience, and have not received administrative detention, compulsory drug treatment, reeducation through labor, or criminal punishment. The key units of public security establishment of an internal security organization shall report the following information to the local public security organ for record within seven days of the establishment of the organization, and the district public security organ shall notify the municipal public security organ of the record within three days after the filing: ) A photocopy of the office premises certification; (2) A copy of the employment documents and identity card of the legal representative of the unit and the head of the internal security organization; (3) A photocopy of the security officer's ID card and qualification certificate; (4) Management system of the internal security organization A copy. The key units of public security are the units that are related to the national economy and people's livelihood, national security and public safety of this city. The key units of public security shall be proposed by the municipal public security organ in accordance with relevant state regulations and reported to the municipal government for determination.
Article 18 The internal security organization and self-employed security guards of the unit shall not engage in the following activities: (1) external profit-making security service projects; (2) armed escort security work.

Chapter 4 Security Officer  
Article 19 Security personnel shall be trained in accordance with relevant regulations to obtain security personnel qualification certificates issued by the municipal public security organs before they can engage in security services. To apply for a security officer qualification certificate, the identity certificate and no criminal record certificate issued by the police station or neighborhood committee where the applicant's household registration is located shall meet the following requirements: (1) a citizen of the People's Republic of China who has reached 18 years of age; (2) no criminal punishment Records of reeducation through labor, administrative detention, compulsory detoxification, or expulsion from public office or military status; (3) good health; (4) having a junior high school education or higher; (5) having to undergo specialized training and pass an examination organized by a public security organ; (6) Other conditions stipulated by laws and regulations. Relevant professional security guards approved to engage in armed escorts in addition to meeting the provisions of the preceding paragraph shall also meet other conditions prescribed by the state.
Article 20 The salary of security staff shall not be lower than the low digits of the labor market wage guidance price set by the currency labor security department.
Article 21 A security guard who sacrifices heavily to defend or rescue people's lives, state property and collective property may be approved as a martyr in accordance with relevant state regulations.
Article 22 According to the requirements of the contract, security guards shall perform the following duties in accordance with the law: (1) to maintain the normal order of service sites and protect the personal and property rights of service targets; (2) when providing security services, they shall be civilized, courteous and generous in service. Enthusiasm, neat appearance; (3) Registering vehicles and articles in and out of the service area. Persons, vehicles, and articles that do not comply with the regulations or refuse to go through the registration procedures may refuse to enter or leave the protected area or place; (4) Any illegal or criminal acts that occur in the service area shall be stopped and the suspects of illegal laws shall be transferred Public security organs; if it is not effective, it shall immediately report to the police and notify the client unit, and at the same time take measures to protect the scene and assist the people ’s police in handling it; ”Stipulates the use of equipment, and can set up a temporary safety isolation zone according to the needs of performing tasks, and irrelevant personnel must not enter; (6) implement public security precautions such as fire prevention, anti-theft, anti-explosion, and anti-destruction, and find hidden dangers in public order , Immediately report to the client unit and relevant departments, and do a good job of the preliminary disposal; (7) to provide safety consulting and installation, maintenance, maintenance of technical safety facilities in accordance with requirements; (8) other duties specified by laws, regulations and rules.
Article 23 When providing services, security guards shall be equipped with security and defense equipment related to security work in accordance with the provisions of laws and regulations. The escort guards can be equipped with explosion-proof guns and other necessary equipment according to law. Security personnel shall keep and use security and defense equipment in accordance with law.
Article 24 A security guard must not: (1) illegally deprive or restrict the personal freedom of another person; (2) insult, assault or instigate, insult, or assault another person; (3) search the body of another person, and detain another's legal documents (4) Legal property; (4) Preventing the staff of state organs from performing their official duties according to law; (5) Infringing or disclosing customers' business secrets or personal privacy; (6) Participating in the handling of civil disputes, economic disputes, or labor as security guards for the purpose of obtaining economic benefits Disputes; (7) Providing security services for others without permission; (8) Other acts that violate laws and regulations.

Chapter V Security Services  
Article 25 Units are encouraged to entrust security service enterprises to provide security services in accordance with the law. Entertainment venues, large Internet cafes, saunas, and bathing places that are open to the public shall hire security guards from security service enterprises to provide security services for them, and shall not recruit security guards without permission. The public places specified in the preceding paragraph shall be equipped with a certain number of security guards in accordance with the standards prescribed by Guangdong Province. The security guards stationed by the security service enterprises in the above-mentioned public places shall be rotated every six months.
Article 26 Where a unit employs a security service enterprise to provide security services, both parties shall sign and fully perform a security service contract in accordance with the law. The security service contract shall specify the content of the service item, the charging standard, the service period, the liability for breach of contract, damages, and termination of the contract.
Article 27 If a security service enterprise, a unit that employs a security guard itself, or a client unit instructs a security guard to engage in acts that violate laws and regulations, the security guard has the right to refuse execution. The unit affiliated with the security guard may not terminate the labor contract with the security guard.
Article 28 When providing services, security guards shall uniformly wear standard security guard clothing, corresponding certificates and security signs in accordance with regulations. The pattern of security personnel's clothing, certificates and signs shall be uniformly formulated by the municipal public security organ. The unified work of security guards' summer clothing shall be completed within one year from the implementation of these Measures, and the unified work of spring and autumn and winter clothing of security guards shall be completed within two years. For enterprises with special difficulties, with the consent of the public security organs, uniform clothing work can be appropriately extended to three years to complete. Non-security guards must not wear security guard clothing or security certificates and signs. Security technical guards and consulting service personnel may not wear uniform clothing, but they shall wear security signs. Hotels or hotels with a three-star rating or above can make their own clothing for security personnel according to the actual situation. Security clothing should be clearly distinguished from the standard clothing of the People's Police, the People's Liberation Army, and other state organs.
Article 29 The technical protection products used in providing security services shall meet the relevant product quality requirements; the design and installation of technical protection facilities shall comply with national mandatory standards and industry standards, and meet the requirements of risk ratings and protection levels.
Article 30 A security service enterprise shall legitimately use customer information learned from the provision of security services, and shall have the obligation to keep confidential the business secrets, personal privacy, and materials and technologies required by customers.
Article 31 The alarm records and surveillance video materials of security service enterprises and units employing security guards shall be retained for two years, and shall not be deleted, modified or destroyed during this period. It is strictly forbidden to use alarm records and monitor image data illegally.

Chapter 6 Security Training  
Article 32 A security guard must be trained in legal knowledge, security business, and security skills, and must pass a unified examination organized by the municipal public security organ to obtain a qualification certificate before he can practice.
Article 33 Security personnel shall participate in 30-hour training at security training institutions established in accordance with the law each year. Units employing security personnel shall provide funding for security personnel training and arrange time. Public security organs should regularly check the training of security guards.
Article 34 Security personnel are encouraged to participate in vocational skills appraisal training and assessment organized by relevant government departments, and obtain corresponding professional qualifications.
Article 35 A security training institution shall be established in accordance with the relevant state regulations, and shall have a name, organization, articles of association and corresponding teaching staff appropriate to its nature and scale. Without permission, various schools and educational training institutions may not conduct security training business.
Article 36 A security training institution shall formulate training content and training plans in accordance with the unified nationally prescribed security officer training outline and the requirements of national occupational standards for security officers, and provide training for legal personnel, professional skills and professional ethics on the personnel trained. The training content, training plan and self-made training materials shall be filed with the municipal public security organ.
Article 37 Security training institutions shall charge fees in accordance with the charging standards approved by the price department. No training institution shall charge for any reason beyond the standard.

Chapter 7 Supervision and Management  
Article 38 The municipal and district public security organs shall establish a security supervision information system. The information system information shall include basic information of security service enterprises, units employing security guards themselves, and their security guards, as well as their rewards and punishments.
Article 39 Security service enterprises and units employing security guards on their own shall file records with public security organs in accordance with the provisions of these Measures. If the filing materials are not uniform, the urban public security organ shall immediately notify the materials that need to be completed; if the filing materials are complete, the public security organ A record receipt should be issued within 15 working days from the date of receipt of the record filing application.
Article 40 Public security organs shall establish a reporting system, accept complaints against security service enterprises and security guards, and promptly handle illegal and disciplinary acts that occur in security service activities. The public security organ shall notify the complainant of the complaint in writing within 15 working days from the date of the decision.
Article 41 Public security organs shall establish and improve a supervision system, strengthen inspection, supervision and business guidance of security service enterprises, security training institutions and other self-employed security personnel units, and promptly investigate and correct violations of security services and security training .
Article 42. In the course of supervision and inspection, the public security organ finds that security service enterprises and security training institutions have obtained licenses by improper means such as deception. The verification materials shall be submitted to the provincial public security organ that made the decision on the permit and a proposal to revoke the permit shall be made.

Chapter 8 Legal Liability  
Article 43 Anyone who engages in external security services or security training without authorization in accordance with these Measures shall be ordered by the public security organ to stop the illegal act, confiscate the illegal income and security equipment, and impose a fine of less than three times the illegal income.
Article 44 If a security service enterprise has any of the following circumstances, the public security organ shall, based on the seriousness of the circumstances, give a warning, order correction within a time limit, order suspension of business for rectification, and confiscation of illegal income, and may be imposed concurrently between 5,000 and 10,000 yuan Fines; warn the person in charge of the security service enterprise and other directly responsible personnel or impose a fine of more than 1,000 yuan but less than 5,000 yuan: (1) recruiting security guards in violation of the provisions of these measures; Standard clothing, signs and equipment; (3) operating outside the scope of business; (4) failing to train security guards in accordance with the provisions of these Measures; (6) Failure to keep alarm records and surveillance image data in accordance with Article 31 of these Measures.
Article 45 The security service enterprise violates the provisions of these Measures, and Articles 13 (2), (3), (4), (5), (6), 14 and 27 In the listed circumstances, the public security organs shall order correction within a time limit and impose a fine of 10,000 yuan up to 50,000 yuan; for security service enterprises with serious violations of the law, they may recommend the higher-level public security organ to revoke the security service permit; Public security organs shall punish them in accordance with law; if a crime is suspected, they shall be transferred to judicial organs for disposal.
Article 46 If a security service enterprise outside the city violates Article 9 of these Measures, the municipal public security organ shall order it to make corrections within a time limit: those that do not make corrections within the time limit. A fine of more than 5,000 yuan but less than 10,000 yuan shall be imposed, and the enterprise shall be notified that it belongs to the local public security organ.
Article 47 Anyone who hires a security guard in violation of Article 25 of these Measures shall be ordered by the public security organ to make corrections within a time limit; if he fails to make corrections, he shall be fined 5,000 to 10,000 yuan.
Article 48 The unit that employs security guards on its own violates the provisions of these Measures. Under any of the following circumstances, the public security organ shall order it to make corrections within a time limit; if it fails to make corrections within the time limit, it shall be fined 1,000 yuan: Security guards are equipped with standard clothing, signs and equipment; (2) Failure to train security guards in accordance with the provisions of these Measures. Units that hire security guards on their own to recruit security guards in violation of these Measures shall be ordered by the public security organs to make corrections within a time limit; those who fail to make corrections within the time limit shall be fined 1,000 yuan per person for illegal recruitment. If a unit that employs a security guard on its own fails to report to the public security organs the settings of internal security organizations and security personnel in accordance with the provisions of Articles 16 and 17 of these Measures, the public security organ shall order correction within a time limit; And a fine of 5,000 yuan. Any unit that employs a security guard on its own in violation of Article 18, Clause 2 of these Measures shall be ordered by the public security organ to stop illegal acts, confiscate the illegal proceeds and security equipment, and impose a fine of less than three times the illegal proceeds.
Article 49 Any unit that hires a security guard to pay wages in violation of the provisions of Article 20 of these Measures shall be handled by the municipal labor security department according to law.
Article 50: Security personnel who violate the provisions of Article 24 of these Measures shall be warned by the public security organ. If the circumstances are serious, their qualification certificate shall be revoked by the public security organ. Violations of public security management shall be punished by the public security organ according to law; suspected crime If yes, it shall be transferred to the judicial organ for processing. If a security guard commits an illegal act and is subject to administrative detention, compulsory detoxification, reeducation through labor, or criminal punishment, his qualification certificate shall be revoked and he shall not engage in security service work for three years.
Article 51 Police officers of the public security organs shall be punished according to law if they commit any of the following acts; if they are suspected of committing a crime, they shall be transferred to the judicial organs for handling: (1) issuing security guard qualification certificates for persons who do not meet the requirements; Anyone who discovers illegal acts of security services and fails to deal with them in a timely manner according to law; (3) Taking advantage of the convenience of his position to receive other people's property or seeking other benefits; (4) Failure to perform other statutory duties. If the public security organ has the acts listed in the preceding paragraph, the person in charge directly responsible and other persons directly responsible shall be punished accordingly; if a crime is suspected, it shall be transferred to the judicial organ for disposal in accordance with the law.
Article 52 If a staff member of a state administrative agency violates these Measures, abuses his authority, commits fraud, violates the legitimate rights and interests of a security service enterprise, a unit that employs security guards himself, or a security guard, he shall be punished according to law by his appointment or removal authority, Suspected crimes shall be transferred to judicial organs for handling according to law.

Chapter 9 Supplementary Provisions  
Article 53 The meaning of the following terms in these Measures: (1) "Unit" means legal persons and other organizations established in accordance with law. (2) "Units employing security guards" include security service enterprises and units employing security guards on their own. (3) "Security service enterprise" refers to an enterprise that specializes in paid security services and maintains the security of service targets. (4) "Units that employ security guards on their own" refer to units that sign labor contracts with security guards in the name of their own units and employ security guards to provide security services for the unit. (5) "Customer unit" means a unit that signs a security service contract with a security service enterprise in accordance with the law and entrusts the security service enterprise to provide security services for the unit. (6) "Security officer" means a person employed by a unit to engage in security service work.
Article 54 These Measures shall be implemented as of May 1, 2008.

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