PLAN NO. 12/KH-BCA DATED JANUARY 8, 2016 OF THE MINISTRY OF PUBLIC SECURITY

𝐊𝐞̂́ 𝐡𝐨𝐚̣𝐜𝐡 𝐬𝐨̂́ 𝟏𝟐/𝐊𝐇-𝐁𝐂𝐀 𝐧𝐠𝐚̀𝐲 There is multi-dimensional information, ATPlaw summarizes the positive points and important notes of this document for businesses are as follows:

1 ️⃣ 𝐜𝐡𝐨 𝐝𝐨𝐚𝐧𝐡 𝐧𝐠𝐡𝐢𝐞̣̂𝐩)

This plan represents a strong change in management thinking, from “control” to “accompaniment and support”.

▶️ “One time only” principle: Clearly stipulates inspections (including inter-sectoral ones) no more than once per year for an enterprise. This helps corporate customers feel secure in production without worrying about being bothered by successive inspection teams.

▶️Digital transformation and Remote Checking: Promote online checking based on the National Population Database and electronic identification system. The new point is that the police agency only requests documents that the state does not yet have, and absolutely does not request to re-provide data that is already in the system.

▶️Publicity and Transparency: The inspection schedule (business name, address, content, time) must be publicly posted on the Electronic Information Portal of the Provincial and City Police. This helps businesses proactively arrange and monitor staff activities.

▶️”Exemption from inspection” regime: This is a very progressive point: Exemption from physical inspection for businesses that comply well with the law.

▶️Against “Criminalization”: The document affirms not to criminalize economic and civil relations; Prioritize economic and administrative measures before applying criminal measures. This is an important legal “shield” for business owners.

▶️Prohibition of harassment: There are provisions to tighten discipline, prohibiting leaders and officers from intervening or abusing inspections to cause difficulties for businesses.

2️⃣𝐂𝐚́𝐜 d𝐢𝐞̂̉𝐦 𝐜𝐚̂̀𝐧 𝐥𝐮̛𝐮 𝐲́ (𝐓𝐡𝐚́𝐜𝐡 (1)

Although the document is highly supportive, the pressure on the enforcement force is also great, which can lead to some difficult situations for businesses:

▶️”No omissions” pressure from officials: Unit heads will be responsible for “missing” businesses with complex problems or allowing violations to occur after inspection. This can cause officials to do extremely carefully and meticulously when inspecting to avoid future liability.

▶️Focus on “sensitive” areas: Areas with potentially complicated risks to security and order will be subject to focused and focused inspection. If a business’s customers are on this list, the frequency and intensity of electronic data review will be very high. 

▶️Sudden inspection: Although there is a “once a year” principle, if there are “clear signs of violation”, the police still have the right to conduct a surprise inspection without being limited by the periodic plan.