Administrative Regulations on Security Service

Order of State Council of the People's Republic of China No.564

October 13, 2009

The Regulations on Administration of Security Service, which have been passed at the 82th executive meeting of the State Council held on 28 September 2009,are hereby promulgated and shall come into effect as of January 1, 2010.

Premier Wen Jiabao

Administrative Regulations on Security Service

Chapter I General Provisions

Article 1 These Regulations are formulated for the purpose to regulate security service activities, enhance the administration of units and security guards engaging in security service, protect personal safety and property security, and maintain social order.

Article 2 The term security service mentioned in these Regulations refers to:
1. a security service company dispatches security guards to provide the following services for its client units: guard, patrolling, defending, escorting, body guard, safety inspection as well as security technology precaution and security risk assessment, etc.;
2. guard, patrolling, defending and other security precaution engaged by the personnel who are recruited by organs, groups, enterprise and government-funded agencies;
3. guard, patrolling, order maintenance and other services in a property management region conducting by the personnel who are recruited by a property service entity.
The term organs, groups, enterprises, government-funded agencies and property service enterprises mentioned in the second and third paragraph of this article collectively refers to the units which recruit security guards by themselves.

Article 3 The public security department under the State Council shall take charge of supervision and administration of national security service activities. And the security authority under local peoples government at or above the level of county shall be responsible for the supervision and administration of security service activities within their administrative regions.
The security service industry association shall carry out security service industry self-regulation activities under the guidance of the public security authority.

Article 4 Security service companies and units recruiting security guards by themselves (hereinafter collectively referred to as security units) should establish and improve a security service management system, accountability system and security guard management system, enhance management, education and training of security guards, improve their level of professional ethics, business qualities and the sense of responsibility.

Article 5 Security units shall protect security guards legitimate rights and interests in social insurance, labour employment, labour protection, wages and benefits as well as education and training, etc.

Article 6 Security service activities should be civilized and lawful, and must not harm social public interests or infringe legitimate rights and interests of others.
The security service activities carry out by security guards in accordance with law shall be protected by law.

Article 7 The public security authority and other departments concerned shall commend and reward the security units and security guards that have outstanding contributions to the protection of public property and peoples lives and property safety, the prevention and suppression of illegal and criminal activities.

Chapter II Security Service Company

Article 8 A security service company shall satisfy these conditions:
1. having registered capitals of no less than CNY1 million;
2. the proposed legal representative and key management personnel of a security service company should have the professional knowledge and relevant business experience necessary for the posts and no bad records as follows: criminal penalties, re-education through labour, detention education, isolation for compulsory drugs treatment, or being discharged from public employment or military service, etc.
3. having professional and technical personnel in line with the provided security service, and the professional and technical personnel subject to qualifications as required by laws and administrative regulations shall obtain the appropriate qualifications;
4. having domicile as well as facilities and equipments necessary for providing security service; and
5. having a sound organizational structure and security service management system, accountability system and security guard management system.

Article 9 To apply for the establishment of a service security company, an application and the materials that can support it meets the conditions as provided in Article 8 of these Regulations shall be submitted to the local public security authority of the city with districts where the company is about to be located.
The accepting public security authority shall, within 15 days after receiving the application materials, conduct verification and report its opinion on verification to the public security authority of local peoples government of the province, autonomous region and municipality where the company is about to be located.The public security authority of local peoples government of the province, autonomous region and municipality where the company is about to be located shall within 15 days after receiving the opinion, grant security service permit to those qualified applicants, otherwise the applicant shall be informed with reasons in writing..

Article 10 To engage in armed defending and escorting service, a security service company shall meet the requirements on planning and layout as provided by the public security department under the State Council, the conditions as specified in Article 8 of these Regulations as well as the following requirements:
1. having registered capitals of no less than CNY10 million;
2. being wholly owned by the state or the state-owned capitals accounting for 51% or more of the total registered capitals;
3. having defending and escorting personnel in line with the conditions as provided in the Regulations on Administration of the Use of Firearms by Full-time Defending and Escorting Personnel; and
4. having special transport vehicles, communications and alarm equipments which satisfy the national or industrial standards.

Article 11 To apply for the establishment of a security service company that can engage in armed defending and escorting service, an application and the materials that can support it meets the conditions as provided in Article 8 and 10 of these Regulations shall be submitted to the local public security authority of the city with districts where the company is about to be located. In case a security service company applies for additional armed defending and escorting business, it shall not resubmit the materials that can prove it satisfies the conditions as provided in Article 8 of these Regulations.
The accepting public security authority shall, within 15 days after receiving the application materials, conduct verification and report its opinion on verification to the public security authority of local peoples government of the province, autonomous region and municipality where the company is about to be located. The latter then shall make a decision within 15 days after the receipt of the opinion, and grant the security service permit for armed defending and escorting business to those qualified applicants or make additional note about armed defending and escorting business on the original security service permit, otherwise, the applicant shall be informed with reasons in writing.

Article 12 An applicant which has obtained the security service permit shall make industrial and commercial registration with the industry and commerce administration by virtue of the permit. In case failure to make industrial and commercial registration within six months after obtaining the security service permit, the obtained permit shall expire.
To set up branches, a security service company shall file with the public security authority of peoples government of the city with districts where the branch is about to be located for record with the security service permit and industry and commerce business licence of the head office as well as the basic information of the head offices legal representative, the branchs person in charge and security guards.
The change to the legal representative of a security service company shall be verified by the original approval public security organ, and the verification document shall be needed for the modification of registration with industry and commerce administration.

Chapter III Units Recruiting Security Guards by Themselves

Article 13 An unit recruiting security guards by themselves shall have the status of legal person, security guards in line with conditions as specified in these Regulations as well as a sound security service management system, accountability system and security guard management system.
An entertainment venue shall, in accordance with the provisions of the Regulations on Administration of Entertainment Venues, employ security guards from security service companies other than recruiting by itself.

Article 14 An unit recruiting security guarding by itself shall, within 30 days as of the commence of security service, file with the public security organ of peoples government of the city where it is located with the following materials:
1. proof of the legal person;
2. basic information of the legal representative (key person responsible), the person in charge as well as the security guards;
3. general introduction to the security service region; and
4. the establishment of a security service management system, accountability system and security guard management system.
In case an unit recruiting security guards by itself no longer recruits guards for security service, it shall cancel the filing with the public security authority it has filed with for record within 30 days after the ceasing of security service.

Article 15 An unit recruiting security guard by itself shall not provide security service outside its location or the property management region.

Chapter IV Security Guard

Article 16 A Chinese citizen at or above the age of 18, who is physical healthy, has good characters and the degree of junior high school or above, can apply for security guard certificate to engage in security service business. The security guard certificate shall be issued to an applicant who has passed the test and been verified by the public security organ of peoples government of the city with districts and whose fingerprint and other biological information are retained.
The specific measures to extract and retain security guards fingerprint and other biological information shall be drafted by the public security department under the State Council.

Article 17 Under any of the following circumstances, a person shall not act as security guard:
1. having received detention education, isolation for compulsory drug treatment or re-education through labour as well as administrative detention for at least three times;
2. having been criminally penalized for an intentional crime;
3. his/her security guard certificate having been cancelled for less than three years; and
4. his/her security guard certificate having been revoked for two times.

Article 18 A security unit shall recruit personnel satisfying provided conditions as security guards, and sign labour contracts with the recruited security guards in accordance with law. Security Units and their security guards shall participate in social insurance in accordance with law.
A security unit shall give trainings on legal and security expertise and skills to their security guards on a regular basis as needed in security service jobs.

Article 19 A security unit shall conduct assessment on the performance of its security guards on a regular basis and, when finding security guards unqualified or seriously in breach of management system, which are subject to lifting the labour contract, deal with it in accordance with law.

Article 20 A security unit shall buy accident insurance for its security guards based on the risk degree of security service posts.
A security guard injured at work shall enjoy work injury insurance in accordance with national rules on work injury insurance; Where a security guard has been approved as a martyr at the expense of life, he/she shall be subject to the pension privilege in accordance with the states provisions with regard to praising martyrs.

Chapter V Security Service

Article 21 A security service company shall enter into the security service contract with its client units when providing security service, specifying service items and contents as well as rights and obligations of both parties. And after the termination of security service contract, the security service company shall keet it for at least two years for future reference.
A security service company shall verify the legality of the security service as requested by its client units, reject any unlawful requirement for security service, and report it to the public security authority.

Article 22 A public security key unit involving national security and state secrets which are determined by a local peoples government at or above the level with districts shall not hire security service companies in forms of wholly foreign-owned, sino-foreign joint venture and sino-foreign cooperation for security service.

Article 23 Where a security service company dispatches security guards to provide security service for its client units across provisions, autonomous regions or municipalities, it shall file for record with the public security organ of peoples government of the city with districts where the service is located with its security service permit and industry and commerce business licence, the security service contact, as well as the basic information of the person in charge of the service and security guards.

Article 24 A security service company shall provide normative security service in accordance with the standards of the security service industry. The security guards dispatched by a security service company shall comply with relevant rules and regulations of the client units, which shall provide necessary conditions and protection for security guards engaging in security service.

Article 25 The technical precaution products used in security service shall meet the requirements for relevant product quality. Installing monitoring equipment in security service shall comply with relevant national technical regulations, and the use of monitoring equipment must not violate legitimate rights and interests of others or personal privacy.
Monitoring video data and alarm records formed in security service shall be kept for future reference
for at least 30 days, and shall not be deleted, altered or spreaded by any security unit or client unit.

Article 26 A security unit should kept confidential for the state and commercial secrets it leart in security service as well as the information as required by its client units for confidentiality.
A security unit shall not instigate or condone security guards to prevent the legal perform of official duties, participate in recourse debt, settle disputes by the means of violence or threat with violence.

Article 27 Securities guards shall wear the uniform specially for security guards and the nationally unified marks for security service, which should have obvious difference with the uniforms and logo apparels of the Peoples Liberation Army, Peoples Armed Police, peoples police, industrial and commerce, tax and other administrative enforcement authorities, the peoples court as well as the peoples procuratorate.
The patterns of security guards uniform shall be recommended by the national security service industry association, selected and used by security service units. And the mark for security service shall be determined by the national security service industry association.

Article 28 A security service unit shall provide necessary equipments for security guards based on different posts of security service. The equipment standards for security service posts shall be formulated by the public security department under the State Council.

Article 29 In order to perform duties of security service, a security guard can take the following measures in security service:
1. examining the documents of personnel and registering vehicle and goods access to the service region;
2. patrolling, defending, security checks and alarm monitoring;
3. security checks on personnel and the goods they carried and at airports, railway stations, docks and other public places, and maintenance of public order; and
4. setting up a temporary exclusion zone based on the need in the implementation of armed defending and escorting mission, but should minimizing the obstruction to normal activities of citizens as much as possible.
A security guard shall promptly stop illegal and criminal conducts occurred in the service area, immediately report unsuccessful prevention of offenses to the police, and take measures to protect the scene.
A security guard engaged in armed defending and escorting service shall comply with the Regulations on Management of the Use of Firearms by Full-time Guarding and Escorting Personnel in the implementation of armed defending and escorting mission.

Article 30 A security guard shall not act as follows:
1. restriction of freedom of others, searching the body of others or insulting or beating up others;
2.the seizing and confiscation of others documents or properties;
3. hindering legal perform of official duties;
4. participating in recourse debt or settling disputes by means of violence or threat with violence;
5. deleting, altering or spreading the monitoring video data and alarm records formed in security service;
6. violation of personal privacy or disclosure of state or commercial secrets learnt in security service as well as the information as explicitly required by the client units for confidentiality; and
7. other acts in breach of laws and administrative regulations.

Article 31 A security guard has the right to refuse the illegal instructions of a security unit or the client unit. The security unit shall not discharge the labour contract with the security guard, reduce labour remuneration and other benefits, stop payment or pay less social insurance for his/her non-implementation of illegal instruction.

Chapter VI Security Training Unit

Article 32 A security guard training unit shall satisfy these conditions:
1. a security service company set up in accordance with law or a school or vocational training agency established in accordance with law with legal personality;
2.having teaching staff necessary for security training, among which the security professional teaching staff should have a bachelors degree or above or public security management work experience for over 10 years; and
3. having venues, equipment and other teaching conditions necessary for security guard training.

Article 33 To apply for engagement in security guard training, an unit shall submit an application and the materials that can support it meets the conditions as provided in article 32 of these Regulations to the public security organ of peoples government of the city with districts where it is located.
The accepting public security organ shall verify the application materials within 15 days after the receipt, and report its opinion of verification to the public security authority of peoples government of province, autonomous region and municipality, which shall make a decision within 15 days as of the receipt of verification opinion and, grant the security training permit to those qualified, otherwise, the applicant shall be informed with reasons in writing.

Article 34 Trainings on the use of firearms by security guards to engage in armed defending and escorting service shall be in charged by the peoples policy colleges and the peoples policy training agencies. The peoples policy college or the peoples policy training agency which provides such kind of training shall file with the public security organ of peoples government of the province, autonomous region or municipality where it is located for record.

Article 35 A security training unit shall develop teaching programs based on the security guard training curriculum, to provide legal and security expertise and skills as well as professional ethic education to the personnel accepting the training.
Security guard training curriculum shall be reviewed and determined by the public security department under the State Council.

Chapter VII Supervision and Administration

Article 36 The public security authority shall guide security units to establish and improve a security service management system, accountability system, security guard management system and emergency contingency plan, and supervise the implementation of relevant management system by security units.
Security units, security training units as well as security guards shall accept supervisions and inspection of public security organs.

Article 37 The public security authority shall establish a security service supervision and administration information system to record relevant information of security units, security training units and security guards.
The public security authority shall keep confidential for the biological information of the security guards it extracts and retained.

Article 38 The peoples policy of public security organs shall show their papers in carrying out supervision and inspection over security units and security training units, and urge them to rectify when finding any problems in the implementation. The information of supervision and inspection as well as the result should be faithfully recorded with the signatures of the public security organs supervision and inspection staff as well as the relevant executives of the security unit and the security training unit.

Article 39 The public security organ of peoples government at or above the level of county shall announce the information on complaint way to accept public complaints on security units, security training units and security guards. The public security authority accepting complaints should promptly investigate and handle it and feedback the result of investigation.

Article 40 State organs and their staff shall neither set up security service companies nor participate in or involve in business activities of security service companies in a disguised form.

Article VIII Legal Liability

Article 41 Without permission, any organization or individual shall not engage in security service and security training, otherwise it/he shall be subject to public security penalties and confiscation of illegal gains; Whereas the case constitutes a crime, criminal responsibility shall be affixed in accordance with law.

Article 42 Under any of the following circumstances, a security unit shall be ordered rectification within a time limit and given a warning; If the case is serious enough, a fine ranging from CNY10,000 to CNY50,000 shall be imposed and any illegal gains shall be confiscated:
1. changing the legal representative of a security company without approval of the public security authority;
2. failure to file for record or cancel the record in accordance with these Regulations;
3. an unit recruiting security guards by itself develops security service in areas other than its location or outside the property management region;
4. recruiting personnel not in line with the conditions as prescribed in these Regulations as security guards;
5. a security service company fails to verify the legality of security services as requested by its client units, or fails to report illegal security service requests to the public security authority;
6. a security service company fails to enter into and keep security service contracts in accordance with these Regulations; and
7. failure to retain the monitoring video data and alarm record formed in the process of security service in accordance with these Regulations.
A client unit which fails to retain the monitoring video data and alarm record formed in the process of security service in accordance with these Regulations shall be subject to the penalties as prescribed in the preceding paragraph.

Article 43 Under any of the following circumstances, a security service unit shall be ordered rectification within a time limit and imposed a fine ranging from CNY20,000 to CNY100,000; Any violation of public security rules shall be subject to public security penalties; Whereas the case constitutes a crime, criminal responsibilities shall be affixed on the executive in charge and other persons directly accountable in accordance with law:
1. disclosure of the state or commercial secrets learnt in the process of security service as well as the information that there is an explicit requirement for the confidentiality by client units;
2. infringing others legitimate rights and interests or privacies using monitoring equipments;
3. deleting, altering or spreading the monitoring video data and alarm records formed in the process of security service;
4. instigating or condone security guards to prevent the perform of official duties in accordance with law, participation in recourse debt, or settling disputes by the means of violence or threat with violence; and
5. neglect of management, education and training of security guards who commit a crime, causing serious consequences.
A client unit deleting, altering or spreading the monitoring video data and alarm records formed in security service shall be subject to penalties as prescribed in the preceding paragraph.

Article 44 Where a security service unit discharges the labour contract with a security guard, reduces his/her remuneration an other benefits, stops payment, or pays less social insurance which it should fully pays for the security guard due to he/she does not carry out its illegal instructions, the punishment on the security service unit and the compensation to the security guard shall be subject to relevant laws and administrative regulations governing labour contract and social insurance.

Article 45 Under any of the following acts, a security guard shall be reprimanded by the public security authority; or his/her security guard certificate may even be revoked in a serious case; Any violation of public security rules shall be subject to public security penalties; Whereas the case constitutes a crime, criminal responsibilities shall be affixed in accordance with law:
1. restriction of freedom of others, searching the body of others or insulting or beating up others;
2. the seizing and confiscation of others documents or properties;
3. hindering the perform of official duties in accordance with law;
4. participating in recourse debt or settling disputes by means of violence of threat with violence;
5. deleting, altering or spreading the monitoring video data and alarm records formed in security service;
6. violation of personal privacy or disclosure of state or commercial secrets learnt in security service as well as the information as explicitly required by the client unit for confidentiality; and
7. other acts in breach of laws and administrative regulations.
Where a security guard engaged in armed guarding and escorting use firearms in breach of provisions, he/she shall be subject to the punishment in accordance with the Regulations on Management of the Use of Firearms by Full-time Guarding and Escorting Personnel.

Article 46 Where personal injury, death, or property losses of others occur by an security guard in security service, the security service unit shall make the compensation. In case the security has committed intentionally or has gross negligence, the security service unit can pursue of recover from the security guard in accordance with law.

Article 47 A security training unit which fails to carry out training based on training teaching programs shall be ordered to rectify within a time limit and given a warning, or even be imposed a fine ranging from CNY10,000 to CNY50,000 in serious cases; Any fraudulent activities in the name of security training shall be subject to public security penalties; Whereas the case constitutes a crime, criminal responsibilities shall be affixed in accordance with law:

Article 48 Where a state organ and its staff set up security service companies, participate in or involve in disguised form in the business of security service companies, the executive in charge and other persons directly accountable shall be subject to punishment in accordance with law.

Article 49 Where a peoples police commit abuse of power, dereliction of duty and corruption in the work of supervision and administration of security service activities, he/she shall be subject to punishment in accordance with law; Whereas the case constitutes a crime, criminal responsibility shall be affixed in accordance with law.

Chapter IX Supplementary Provisions

Article 50 Patterns of security service permit, security training permit as well as security guard certificate shall be determined by the public security department under the State Council.

Article 51 Security service companies as well as security training units which have been established before the implementation of these Regulations shall reapply security service permit or security training permit within six months as of the implementation of these Regulations. And units recruiting security guards by themselves before the effectiveness of these Regulations shall file with the public security authority for record within three months from the implementation of these Regulations.
Security guards who have engaged in security service before the implementation of these Regulations shall be trained by their employer units within one years as of the implementation of these Regulations, tested and verified by the public security organ of peoples government at the level of city with districts, and their biological information such as fingerprint shall be retained for the security guard certificate.

Article 52 These Regulations shall take effect as of January 1, 2010.