Prohibition of trading in recording and secret filming equipment without a license

The license mentioned for businesses that sell camouflaged equipment and software used for recording, filming, and positioning is the Certificate of eligibility for security and order. Only the Ministry of Public Security and the Ministry of National Defense are allowed to issue this type of certificate.

This is the content stated in Decree 66/2017/ND-CP regulating the business conditions for camouflaged equipment and software used for recording, filming, and positioning, which the Government has just issued.

This Decree stipulates conditions on security, order, state management, responsibilities of relevant organizations and individuals, and enforcement measures for business activities of camouflaged equipment and software used for recording, filming, and positioning.

In particular, only the following business establishments are allowed to trade in camouflage equipment and software used for recording, filming, and positioning: Business establishments under the Ministry of Public Security are granted a Certificate of eligibility for security and order by a competent authority of the Ministry of Public Security; business establishments under the Ministry of National Defense are granted a Certificate of eligibility for security and order by a competent authority of the Ministry of National Defense; business establishments not under the Ministry of Public Security or the Ministry of National Defense are granted a Certificate of eligibility for security and order by a competent authority of the Ministry of Public Security.

Devices such as camera pens and camera glasses can now be easily purchased at electronics stores or online.

Certificate of eligibility for security and order is a document issued by a competent authority of the Ministry of Public Security or the Ministry of National Defense to a business establishment that sells camouflage equipment and software used for recording, filming, and positioning as mentioned above.

The Minister of Public Security shall prescribe the competent authority to issue the Certificate of Eligibility for Security and Order in the People's Public Security. The Minister of National Defense shall prescribe the competent authority to issue the Certificate of Eligibility for Security and Order in the People's Army.

The Certificate of Eligibility for Security and Order does not specify a term of use, except in the following cases where the term must be clearly stated: The business establishment operates for a limited period of time as prescribed by law; the license issued by specialized state management agencies to the business establishment operates for a limited period of time, the term of use of the Certificate of Eligibility for Security and Order shall not exceed the term stated in such documents.

The person responsible for security and order of the business establishment is responsible for strictly managing the Certificate of eligibility for security and order and must present the Certificate of eligibility for security and order to the police, military and competent state management agencies upon request.

The person responsible for security and order of the business establishment is responsible for preserving the Certificate of eligibility for security and order when the business is temporarily suspended. In case the business establishment goes bankrupt or stops operating, the Certificate of eligibility for security and order is no longer valid. Within 05 days from the date of declaring bankruptcy or stopping operating, the business establishment must return the Certificate of eligibility for security and order to the competent authority of the Ministry of Public Security or the competent authority of the Ministry of National Defense that issued the Certificate of eligibility for security and order.

The Decree clearly stipulates prohibited acts including: Conducting business activities without being granted or having had a Certificate of eligibility for security and order revoked; taking advantage of business activities to commit acts that harm security and order; lending, leasing, buying and selling Certificates of eligibility for security and order; forging Certificates of eligibility for security and order; forging records and documents to request the issuance of Certificates of eligibility for security and order; modifying or erasing the content recorded in Certificates of eligibility for security and order; illegally manufacturing, assembling, transporting, storing, buying and selling, exporting, importing, leasing, or repairing camouflaged equipment and software used for recording, filming, positioning, etc.

According to Dantri