Provisions on the administration of public security in special trades are as follows: Chapter I General Provisions
Article 1 In order to promote the healthy development of special industries, maintain social order, and protect the legitimate rights and interests of citizens, legal persons and other organizations, these Regulations are formulated in accordance with relevant laws and administrative regulations and in light of the actual situation of this province.
Article 2 The term "special industries" as mentioned in these Regulations refers to those industries in the service industry that are easy to be used by criminals because of their business content and nature, and need to take specific public security management measures. Including:
(1) hotel industry;
(2) Pawnbroking industry;
(3) official seal engraving industry;
(four) the production of scrap metal acquisition industry;
(5) unlocking industry;
(six) consignment business, second-hand vehicles, second-hand mobile phones, second-hand notebook computers and other second-hand goods trading business;
(seven) gold and silver jewelry processing and replacement industry;
(eight) scrap motor vehicle recycling and dismantling industry, car rental industry;
(nine) printing industry (except those specializing in the printing business activities of packaging and decoration printed matter);
(10) Motor vehicle maintenance industry;
(eleven) other industries that should take specific safety management measures as stipulated by laws and regulations.
Article 3 The local people's governments at or above the county level shall, according to the needs of economic and social development and public safety management, make overall plans and rationally arrange special industries.
Article 4 The public security organs of local people's governments at or above the county level shall be in charge of the public security administration of special trades within their respective administrative areas.
Business (economic and trade), industrial and commercial administration, transportation, press and publication, human resources and social security, environmental protection and other departments. The local people's governments at or above the county level shall, in accordance with their respective functions and duties, do a good job in public security management of special industries.
Article 5 All kinds of special trade associations shall cooperate with public security organs to implement public security management, and guide and urge relevant operators and their employees to fulfill their public security obligations according to law.
Sixth units and individuals have the right to stop and report the illegal and criminal acts of special trade operators and their employees.
The local people's governments at or above the county level and their public security organs shall commend and reward the units and individuals that have made remarkable achievements in the public security management of special industries.
Chapter II Security Conditions for Public Security
Article 7 To engage in the operation of special trades, the following public security conditions shall be met:
(1) Having a legally fixed business place and necessary business facilities;
(2) Having a public security responsibility institution or full-time or part-time public security personnel;
(3) Having necessary facilities for keeping property and preventing public security;
(4) Having a sound public security management system;
(five) according to the need to configure identity documents, public security information collection and transmission equipment;
(6) Other safety conditions that should be met according to law.
Article 8 Whoever engages in the special industries listed in Item (1), Item (2), Item (4), Item (6), Item (7) and Item (8) of Article 2 of these Regulations shall install video monitoring equipment at the entrances and exits, business halls, main passages, warehouses and parking lots of his business premises.
Ninth mining areas, oil fields, ports, airports, military restricted zones, large and medium-sized metal smelting and processing enterprises and near the railway, shall not be set up to buy productive scrap metal. The scope of prohibiting stalls shall be delineated by the local municipal and county people's governments and announced to the public.
Article 10 Persons who have received criminal punishment for illegal and criminal activities by using unlocking technology shall not engage in business activities of unlocking industry.
Employees in other special industries who have received criminal punishment for using their own industries to engage in criminal activities shall not engage in business activities in their own industries if the execution period has not exceeded five years.
Article 11 Anyone who engages in the hotel industry, the pawnbroker industry or the official seal engraving industry shall obtain the Special Trade License issued by the public security organ according to law.
To apply for the Special Trade License, a written application shall be submitted to the public security organ of the local people's government at the county level, and the following materials shall be submitted:
(a) there are legal and fixed business premises and facilities, which belong to the same building and bungalow courtyard as residential buildings, and need to use entrances and exits and passages, and provide proof that all residents agree to use them;
(two) the identity certificate of the legal representative or person in charge and a copy thereof, as well as a letter of guarantee without the employment restrictions as stipulated in Article 10 of these regulations;
(3) the geographical location and internal structure of the business premises (including warehouses);
(four) the name pre-approval notice issued by the administrative department for Industry and commerce and its copy;
(5) Other materials that should be submitted according to law.
Article 12 The public security organ of the people's government at the county level shall examine the application materials for special trade license and conduct on-site verification. Meet the statutory conditions, hotel operators by the public security organs of the people's government at the county level issued a "special trade license"; Pawnshops and official seals shall be approved by the public security organs of the people's governments at the county level, and approved by the public security organs of the municipal people's governments with districts, and special trade licenses shall be issued. After obtaining the "Special Trade License", the operator shall go through the registration formalities with the administrative department for industry and commerce and obtain a business license.
Thirteenth operators who have obtained the "special trade license" shall apply for the "special trade license" in accordance with the provisions of these regulations if they set up branches and relocate their business premises across the jurisdiction of the original issuing public security organ.
Operators who have obtained the Special Trade License shall go through the formalities for changing the Special Trade License at the original issuing public security organ if they rebuild, expand, change the name, layout facilities, legal representative or person in charge, or relocate their business premises within the jurisdiction of the original issuing public security organ; Those who suspend business or change jobs shall go through the cancellation procedures of the special trade license at the original issuing public security organ within 15 days.
Article 14 Whoever engages in the operation of special industries as stipulated in Items (4) to (11) of Article 2 of these Regulations shall file a record with the public security organ of the local people's government at the county level within 15 days from the date of obtaining the business license, and submit the following materials:
(a) the business license and the approval documents of other relevant departments and their copies;
(two) the identity certificate of the legal representative or person in charge and its copy;
(3) the geographical location and internal structure of the business premises (including warehouses).
Operators of special trades as mentioned in the preceding paragraph who suspend business or change their names, business premises, layout facilities, legal representatives or responsible persons shall file with the public security organs of the local people's governments at the county level within 15 days.
Fifteenth of the production of scrap metal acquisition industry, lock industry directory management system. Meet the conditions, by the local city and county people's government public security organs included in the list, and announced to the public.
Chapter III Public Security Responsibility
Article 16 The legal representative or person in charge of a special trade operator is the person in charge of public security, responsible for public security management and security prevention.
Because of contracting, employment and other actual responsible for operating special industries, the person in charge of operation is the same as the person in charge of public security.
Seventeenth special industry operators and their employees shall abide by the following provisions:
(1) When discovering criminal suspects and suspicious persons, as well as articles seized by the public security organs and articles suspected of stolen goods, they shall immediately report to the public security organs;
(two) the illegal and criminal activities that occur in the business premises shall be reported to the public security organ in a timely manner.
Operators of special trades and their employees shall participate in the knowledge of laws and regulations and safety training in accordance with the relevant provisions, accept the public security supervision and inspection and safety guidance of public security organs, and cooperate with public security organs to carry out law enforcement work. Public security organs shall not charge training fees for public security training.
Article 18 Operators of special trades shall establish a roster of employees, truthfully register their names, addresses, types and numbers of identity documents and other identity information, and keep copies of resident identity cards and foreigners' employment certificates for future reference.
Employees in special industries should wear obvious work marks during business hours.
Nineteenth special industry operators should ensure the normal operation of video surveillance equipment installed in accordance with the regulations.
Pawnshops shall keep video surveillance video materials for at least two months for future reference, and other operators of special industries shall keep video surveillance video materials for at least one month for future reference.
Operators of special industries and their employees shall not delete, disseminate or illegally use video surveillance materials, and shall not disclose relevant personal information.
Twentieth engaged in business activities in special industries, the service object for individuals, should strictly check their identity documents, truthfully register the name, address, type and number of identity documents and service time and other information.
Engaged in special business activities, the service object is a unit, it shall examine and retain the certification materials issued by the unit, truthfully register the name, address and service time of the unit, and examine and register the identity information of the agent in accordance with the provisions of the preceding paragraph.
Twenty-first engaged in business activities in special industries, in addition to the name, quantity, specifications, old and new information of traded goods or contracted goods, relevant information shall be truthfully registered in accordance with the following provisions:
(1) If the articles are motor vehicles, the brand, model, color, license plate number, engine number and frame number of the vehicles shall be registered;
(2) If the articles are non-motor vehicles, the brand, model, color and code of the vehicle shall be registered, and if there is a motor vehicle, the motor vehicle number shall also be registered;
(3) If the articles are mobile phones and notebook computers, the brand, model, color and number shall be registered;
(4) If the articles are scrap metal produced in large quantities or scrap special equipment such as railways, oil fields, power supply, telecommunications, mines, water conservancy, surveying and mapping, municipal public facilities, etc., the proof of its legal source shall be checked and kept.
The article should be photographed before changing its original appearance.
Twenty-second special trade operators are prohibited from buying, selling and contracting the following items:
(1) Flammable and explosive articles, toxic and radioactive articles and their containers;
(2) Articles under investigation by public security organs, and articles suspected of stolen goods or of unknown origin;
(3) Valuables held by persons without civil capacity;
(4) Other articles prohibited by the state.
Operators of scrap metal purchasing industry shall be equipped with necessary radioactive detection instruments as required, and report radioactive pollutants to environmental protection departments and public security organs in a timely manner.
Twenty-third hotel operators found that passengers carrying inflammable, explosive, toxic, corrosive and other dangerous goods into the hotel, should be stopped, and at the same time report to the public security organs.
Article 24 Where a unit or institution needs to engrave its official seal, it shall submit the certificate of establishment of the unit or institution and relevant certification materials to the local public security organ for the record.
Business operators who undertake the production of official seals shall examine and keep the record certificates issued by the public security organs, engrave them according to the contents approved by the public security organs and the prescribed procedures, and shall not entrust other units or individuals to engrave them, and shall not keep samples or copy them themselves.
Twenty-fifth lock operators shall also comply with the following provisions:
(1) To undertake unlocking business, it shall be confirmed that the client has the ownership or right to use the locked goods. If it cannot be confirmed, it shall be rejected. If anyone is found to be suspected of violating the law or committing a crime, he shall immediately report to the public security organ;
(2) When unlocking on site, the Record Sheet of Unlocking Service shall be truthfully filled in, signed by the entrusted unlocking person and unlocking technician respectively, indicating the contact information and kept for future reference;
(3) keeping confidential the identity and property information of the client;
(four) shall not sell or lend special unlocking tools.
Without the consent of the public security organ, no unit or individual may train or teach unlocking techniques.
Twenty-sixth operators of special industries shall transmit the information and photos that should be registered in Articles 18, 20 and 21 of these regulations to the public security organs in real time; Temporarily do not have the real-time transmission conditions, it should be in accordance with the provisions of the provincial public security organs, regularly submit relevant information.
Chapter IV Supervision and Administration
Twenty-seventh public security organs shall perform the following duties in the implementation of public security management in special industries:
(a) to guide and supervise the operators of special industries to do a good job in internal security management and safety prevention;
(two) to organize public security inspection and public security training in special industries;
(three) timely investigate and deal with illegal and criminal acts involving special industries, and deal with public security disasters and accidents;
(four) the establishment of special industry illegal warning record system and public security management files.
Twenty-eighth people's police of public security organs may take the following measures when performing their duties of supervision and inspection according to law:
(a) on-site inspection of the implementation of public security and safety conditions in the business premises and the trading and contracting of commodities;
(two) check the employee's identity documents and work marks, and consult the employee roster, video surveillance videos and other relevant materials;
(three) ask employees, customers and related personnel;
(4) Other measures stipulated by laws and regulations.
Twenty-ninth people's police of public security organs shall take the initiative to produce people's police certificates and relevant inspection certificates when conducting public security inspections in special industries. Business operators have the right to refuse to accept the inspection if they fail to show their certificates.
Article 30 When conducting public security inspection and investigating cases, the people's police of public security organs should try their best to avoid or reduce the impact on the normal business activities of business operators, and protect citizens' privacy, business reputation and business secrets of enterprises according to law. The seizure and collection of articles shall go through the relevant formalities in accordance with the provisions, issue certificates, and dispose of articles in accordance with legal procedures.
Except for the organization or approval of the public security organ at a higher level, it is not allowed to conduct public security inspection on operators of special industries across administrative regions.
Thirty-first people's police of public security organs shall record the supervision and inspection and the handling results. The supervision and inspection records shall be signed by the supervision and inspection personnel and the inspected and filed. The public has the right to know the situation and results of supervision and inspection.
Thirty-second public security organs should promote the use of security technology, information management and other scientific and technological means to improve the efficiency of public security management.
Thirty-third public security organs to obtain the "special trade license" to implement the directory management system, the illegal acts to implement the cumulative scoring system management. Specific scoring management measures shall be formulated by the provincial public security organs and announced to the public.
The public security organ shall promptly inform the operator of the score and provide convenience for the operator to inquire.
Article 34 In the process of daily supervision and management of special trades according to law, relevant administrative departments shall inform each other of the information of administrative license or administrative examination and approval, daily supervision and law enforcement investigation of special trades, and cooperate with public security organs to carry out public security inspection; If it is found that the operators of special industries have violated the law and belong to the scope of investigation by other functional departments according to law, they shall promptly notify or hand it over to the relevant functional departments.
Thirty-fifth people's police of public security organs shall not participate in or participate in the business activities of special industries in disguise or provide shelter for illegal and criminal activities of special industries.
Chapter V Legal Liability
Thirty-sixth violations of public security management in special industries shall be handled by public security organs in accordance with the provisions of these regulations. Where laws and administrative regulations provide otherwise, such provisions shall prevail.
Thirty-seventh in violation of the provisions of article eighth and article nineteenth of this Ordinance, shall be ordered to make corrections within a time limit, given a warning; If the circumstances are serious, it shall be ordered to suspend business for rectification.
Article 38 Anyone who violates the provisions of Article 11, paragraph 1, and Article 13, paragraph 1, of these regulations and engages in relevant business activities without obtaining a special trade license shall be banned, and the illegal income, illegal business articles and tools and equipment directly used for illegal business shall be confiscated, and the operator may be fined between 5,000 yuan and 20,000 yuan; If the circumstances are serious, a fine of not less than 20,000 yuan but not more than 200,000 yuan shall be imposed.
Article 39 Under any of the following circumstances, it shall be ordered to stop its business activities, confiscate its illegal income, illegal business items and tools and equipment directly used for illegal business operations, and may be fined more than 5,000 yuan 1 10,000 yuan:
(a) in violation of the provisions of article ninth of this Ordinance, set up a shop to buy productive scrap metal within the scope of the prohibition of opening a shop;
(two) in violation of the provisions of article fifteenth of this Ordinance, units or individuals not included in the list engage in related business activities without authorization;
(3) It is necessary to go through the examination and approval procedures with the relevant departments in accordance with the law to engage in the business activities of special industries specified in Items (6) to (11) of Article 2 of these Regulations.
Fortieth in violation of the provisions of the second paragraph of Article 13, Article 14 and Article 18 of these regulations, it shall be ordered to make corrections within a time limit and given a warning.
Forty-first in violation of the provisions of the first paragraph of article seventeenth, the first paragraph of article twenty-second (three), the provisions of article twenty-fifth, the operator shall be fined one thousand yuan to ten thousand yuan; If it causes serious consequences or refuses to make corrections, it shall be fined 1 10,000 yuan but not more than 30,000 yuan, and may also suspend business for rectification.
Forty-second in violation of the provisions of article twentieth, article twenty-first, the second paragraph of article twenty-fourth, the provisions of article twenty-sixth, shall be ordered to make corrections within a time limit, and may be fined two thousand yuan to five thousand yuan; If the circumstances are serious, it shall be ordered to suspend business for rectification.
Article 43 If the cumulative score of illegal acts of operators in hotels, pawnbroking, official seal engraving, productive scrap metal purchasing and unlocking reaches the specified score, the public security organ may revoke their special trade licenses or delete them from the list.
In any of the following circumstances, the public security organ shall cancel the special trade license:
(a) the "special trade license" has been revoked according to law;
(two) after receiving the "special trade license", it has not been opened for more than six months without justifiable reasons;
(3) It has been operating on its own for more than six months after its opening;
(4) The business license or relevant administrative license certificate is revoked according to law;
(5) Other circumstances that should be cancelled according to laws and regulations.
Forty-fourth people's police of public security organs in violation of the provisions of these regulations, shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Any unit or individual has the right to report the acts of the people's police of public security organs in violation of the provisions of these regulations, and the public security organs that receive the reports shall promptly investigate and deal with them.
If the public security organ and its people's police illegally exercise their functions and powers and infringe upon the legitimate rights and interests of citizens, legal persons or other organizations and cause losses, they shall make compensation according to law.
Chapter VI Supplementary Provisions
Forty-fifth operators mentioned in these Regulations include enterprises, individual industrial and commercial households and other business entities.
The term "hotel operator" as mentioned in these Regulations refers to the business entity that provides accommodation services on a daily or hourly basis. Including hotels, restaurants, hotels, inns, guest houses, inns, resorts, villas, sanatoriums, clubs, reception stations, etc. Other business units that provide accommodation services (customers are allowed to stay and rest from 2 am to 8 am), as well as apartments, daily rental houses and lounges that provide daily or hourly accommodation services, shall be managed in accordance with the provisions of the hotel industry.
The term "official seal" as mentioned in these Regulations refers to the legal name seal of units and institutions, the special business seal, contract seal, financial seal and invoice seal with the legal name of units and institutions, and the legal name seal of individual industrial and commercial households. The seals (including signature seals) of the legal representatives, responsible persons, financial personnel and other relevant personnel of units or institutions specializing in official business shall be managed in accordance with the relevant provisions of the state.