《保安服务管理条例》（英译本）
Regulations on Administration of Security Services
(Adopted at the 82nd Executive Meeting of the State Council on September 28, 2009, promulgated by Decree No. 564 of the State Council of the People’s Republic of China on October 13, 2009, and effective as of January 1, 2010)
Chapter I General Provisions
Article 1 These Regulations are formulated for the purpose of regulating security services, strengthening the administration of units engaged in security services and security guards, safeguarding personal and property safety, and maintaining public order.
Article 2 The term “security services” in these Regulations means:
(1) services provided for clients by security guards who are dispatched by security service companies in accordance with security service contracts, such as post guards, patrols, guarding, escorts, close protection, security checks as well as security technical protection and security risk assessments;
(2) security protection work undertaken by the employees of State organs, associations, enterprises or institutions, such as post guards, patrols and guarding within their own units; and
(3) services provided by the employees of property service companies within property control areas, such as post guards, patrols, and crowd and order control.
The State organs, associations, enterprises, institutions and property service companies mentioned in subparagraphs (2) and (3) of the preceding paragraph are collectively referred to as employers of in-house security guards.
Article 3 The public security department of the State Council is responsible for the supervision and administration of security services nationwide. The public security organs of local people’s governments at or above the county level are responsible for the supervision and administration of security services within their respective administrative areas.
The security service industry association shall, under the guidance of public security organs, provide self-regulation in security services in accordance with law.
Article 4 Security service companies and employers of in-house security guards (hereinafter referred to as security service providers) shall establish a sound security service management system, job responsibility system and security guards management system, and enhance the management, education and training of security guards so as to raise the level of their professional morality, work capacity and responsibility awareness.
Article 5 Security service providers shall guarantee the lawful rights and interests of their security guards in accordance with law, including social insurance, employment, labor protection, wages and welfare benefits, education and training.
Article 6 Security services shall be provided in a civil and lawful manner, and may not harm public interests or infringe on the lawful rights and interests of others.
Security services provided by security guards in accordance with law shall be protected by law.
Article 7 Security service providers and security guards that make outstanding contributions in protecting public property, safeguarding people’s lives and property and preventing and stopping criminal activities shall be commended and rewarded by the public security organs and other relevant departments.
Chapter II Security Service Companies
Article 8 A security service company shall meet the following conditions:
(1) having registered capital of not less than RMB 1,000,000 yuan;
(2) having a proposed legal representative and proposed principal managers for the security service company, who have expertise and the relevant professional work experience as required by the posts, and have no record of criminal punishment, reeducation through labor, housed reeducation, compulsory isolation to give up drugs, discharge from public employment or dishonorable discharge from the military service;
(3) having specialized technicians suitable for providing security services, among whom those who are required to have qualifications by laws and administrative regulations shall obtain the necessary qualifications;
(4) having its domicile and the necessary facilities and equipment for providing security services; and
(5) having a sound organizational structure and security service management system, job responsibility system and security guards management system.
Article 9 To set up a security service company, the applicant shall submit an application and documentary evidence of his or its compliance with the conditions specified in Article 8 of these Regulations to the local public security organ of the people’s government at the level of a city divided into districts.
The public security organ that accepts the application shall, within 15 days from the date of receipt of the application materials, examine and verify the materials and submit its examination and verification opinions to the public security organ of the people’s government of the province, autonomous region, or municipality directly under the Central Government where it is located. The latter public security organ shall, within 15 days from the date of receipt of the examination and verification opinions, make a decision to issue a security service license if the conditions are met, or notify the applicant and explain the reasons in writing if the conditions are not met.
Article 10 A security service company that engages in armed guard and escort services shall comply with the planning and distribution requirements for armed guard and escort services as prescribed by the public security department of the State Council, meet the conditions specified in Article 8 of these Regulations, and meet the following conditions:
(1) having registered capital of not less than RMB 10,000,000 yuan;
(2) being solely State-owned, or having State-owned capital accounting for 51% or more of its total registered capital;
(3) having guards and escorts who meet the conditions specified in the Regulations on Administration of Use of Guns by Full-time Guards and Escorts; and
(4) having special transport vehicles and communication and alarm equipment that comply with national standards or industry standards.
Article 11 To set up a security service company that engages in armed guard and escort services, the applicant shall submit an application and documentary evidence of his or its compliance with the conditions specified in Articles 8 and 10 of these Regulations to the local public security organ of the people’s government at the level of a city divided into districts. Where a security service company applies to add armed guard and escort services to the scope of its business, it does not need to submit a second time documentary evidence of its compliance with the conditions specified in Article 8 of these Regulations.
The public security organ that accepts the application shall, within 15 days from the date of receipt of the application materials, examine and verify the materials and submit its examination and verification opinions to the public security organ of the people’s government of the province, autonomous region, or municipality directly under the Central Government where it is located. The latter public security organ shall, within 15 days from the date of receipt of the examination and verification opinions, make a decision to issue a security service license for engaging in armed guard and escort services, or to include armed guard and escort services in the existing security service license, if the conditions are met, or notify the applicant and explain the reasons in writing if the conditions are not met.
Article 12 An applicant who obtains a security service license shall, on the basis of the license, register with the administrative organ for industry and commerce. If the applicant fails to do so within six months after obtaining the license, the license obtained shall be invalid.
A security service company that intends to set up a branch shall file a record with the public security organ of the people’s government at the level of a city divided into districts at the place where the branch is located. Such record shall include the security service license and business license of the head office, and basic information about the legal representative of the head office and the responsible person and security guards of the branch.
Where a security service company intends to replace its legal representative, such replacement shall be subject to examination and verification by the public security organ that originally examines and approves the company, and the company shall, on the basis of the examination and verification documents, alter its registration at the administrative organ for industry and commerce.
Chapter III Employers of In-house Security Guards
Article 13 An employer of in-house security guards shall have status of a legal person, have security guards who meet the conditions specified in these Regulations, and have a sound security service management system, job responsibility system and security guards management system.
A public place of entertainment shall, in accordance with the provisions of the Regulations on Administration of Public Places of Entertainment, employ security guards from security service companies, and may not recruit in-house security guards.
Article 14 An employer of in-house security guards shall, within 30 days from the date of commencement of security services, file a record with the local public security organ of the people’s government at the level of a city divided into districts, and such record shall include the following:
(1) the certification of its status as a legal person;
(2) basic information about its legal representative (principal responsible person), deputy responsible person in charge of security services, and security guards;
(3) basic information about areas of its security services; and
(4) information about its security service management system, job responsibility system and security guards management system.
Where an employer of in-house security guards no longer recruits its own security guards to provide security services, it shall, within 30 days from the date of cessation of security services, withdraw its record from the public security organ.
Article 15 An employer of in-house security guards may not provide security services externally or outside its property control area.
Chapter IV Security Guards
Article 16 A Chinese citizen who is at least 18 years old and has good health, good conduct and a junior high school education or higher may apply to obtain a security guard license to engage in security services. Where an applicant passes the examination and appraisal by the public security organ of the people’s government at the level of a city divided into districts and provides such biological information as fingerprints, a security guard license shall be issued to him.
The specific measures for collecting and retaining such biological information as the fingerprints of security guards shall be formulated by the public security department of the State Council.
Article 17 No person may serve as a security guard under one of the following circumstances:
(1) having been housed for reeducation, compulsorily isolated to give up drugs, or reeducated through labor, or having served administrative detention three times or more;
(2) having been given a criminal penalty due to intentional crime;
(3) having had his security guard license revoked within recent three years; or
(4) having had his security guard license revoked twice or more previously.
Article 18 Security service providers shall employ security guards who meet the conditions to undertake security work and enter into labor contracts with them in accordance with law. Security service providers and their security guards shall participate in social insurance in accordance with law.
Security service providers shall, as required for security service jobs, provide regular training in law and security expertise and skills to their security guards.
Article 19 Security service providers shall conduct regular examinations of their security guards and, if finding that a security guard is not qualified or has seriously violated the management system and his labor contract needs to be dissolved, deal with the matter in accordance with law.
Article 20 Security service providers shall, on the basis of the degree of risk of a security service job, buy accidental injury insurance for their security guards.
A security guard who is injured or dies due to work shall be entitled to work injury insurance benefits in accordance with the provisions of the State on work injury insurance; a security guard who sacrifices his life and has been honored as a martyr shall be entitled to a pension and preferential treatment in accordance with the provisions of the State on honoring martyrs.
Chapter V Security Services
Article 21 When providing security services, a security service company shall enter into a security service contract with its client, in which to clearly stipulate the service items, content and rights and obligations of both parties. After the termination of a security service contract, a security service company shall retain the contract for at least two years for future reference.
A security service company shall examine and verify the legitimacy of the security services requested by a client, and it shall refuse any requests for illegal security services and report the matter to the public security organ.
Article 22 A unit under special security protection which is involved in State security and State secrets as designated by the local people’s government at or above the level of a city divided into districts, may not employ solely foreign-funded or Chinese-foreign equity or contractual joint venture security service companies to provide security services.
Article 23 A security service company that dispatches security guards to provide security services for a client in another province, autonomous region, or municipality directly under the Central Government shall file a record with the public security organ of the people’s government at the level of a city divided into districts at the place where the service project is located. Such record shall include the security service license and business license of the security service company, the security service contract, and basic information about the service project managers and security guards.
Article 24 A security service company shall provide acceptable security services in accordance with the service standards of the security service industry, and the security guards dispatched by the security service company shall abide by the relevant rules and systems of the client. The client shall provide the necessary conditions and guarantees for the security guards to engage in security services.
Article 25 Technical protective products used for security services shall comply with the relevant requirements for product quality. The installation of monitoring equipment for security services shall comply with the relevant national technical specifications, and the use of monitoring equipment may not infringe on the lawful rights and interests of others or the privacy of individuals.
Monitoring video data and alarm records collected in security services shall be retained for at least 30 days for future reference, and security service providers and clients may not delete or distribute such data and records.
Article 26 A security service provider shall keep confidential information known in providing security services, including State secrets, business secrets, and information to be kept confidential as explicitly required by the client.
A security service provider may not incite or allow security guards to obstruct the lawful performance of official duties, to participate in recovering debts, or to settle disputes by using violence or threatening to use violence.
Article 27 Security guards on duty shall wear a security guard uniform and a nationally uniform security service badge. Security guard uniforms and the security service badge shall be clearly different from the uniforms and insignia of the People’s Liberation Army, people’s armed police and people’s police and that of the staff of the administrative law enforcement organs for industry and commerce, taxation, etc., the people’s courts and the people’s procuratorates.
The designs of security guard uniforms shall be recommended by the national security service industry association, and security service providers shall choose a design from the recommended range. The design of the security service badge shall be determined by the national security service industry association.
Article 28 A security service provider shall, as required for a security service job, provide necessary equipment for security guards. The standard for providing equipment for security service jobs shall be formulated by the public security department of the State Council.
Article 29 In providing security services, security guards may take the following measures to perform their security service duties:
(1) checking the credentials of persons who enter or exit the service areas, and registering the entering or exiting vehicles and articles;
(2) patrolling, guarding and carrying out security checks and alarm monitoring in the service areas;
(3) carrying out security checks on persons and their belongings in public places such as airports, stations and docks, so as to maintain public order; and
(4) when carrying out an armed guard and escort mission, setting up a temporary isolation area as required for the mission, which, however, shall reduce interruption to citizens’ normal activities as much as possible.
Security guards shall stop illegal and criminal activities from occurring in service areas in a timely manner, or if they are not able to stop such activities, they shall report the activities to the police immediately and take measures to protect the scene.
During an armed guard and escort mission, the use of guns by security guards who are engaged in armed guard and escort services shall be governed in accordance with the provisions of the Regulations on Administration of Use of Guns by Full-time Guards and Escorts.
Article 30 Security guards may not commit the following acts:
(1) restricting personal freedom of others, conducting body searches, or insulting or assaulting others;
(2) detaining or seizing the credentials or property of others;
(3) obstructing the lawful performance of official duties;
(4) participating in recovering debts or settling disputes by using violence or threatening to use violence;
(5) deleting or distributing monitoring video data or alarm records collected in security services;
(6) infringing on the privacy of individuals or divulging information known in providing security services, including State secrets, business secrets, and information to be kept confidential as explicitly required by the client; or
(7) other acts that violate laws or administrative regulations.
Article 31 Security guards shall have the right to refuse to execute illegal instructions given by security service providers or clients. Security service providers may not, due to such refusal to execute illegal instructions, dissolve labor contracts with security guards, reduce their labor remunerations and other benefits, or stop paying or pay less social insurance that shall be paid for them in accordance with law.
Chapter VI Security Training Units
Article 32 A security training unit shall meet the following conditions:
(1) being a security service company established in accordance with law, or a school or vocational training organization established in accordance with law which has status of a legal person;
(2) having the necessary teaching staff for security training, among whom the teachers specializing in security shall have an undergraduate education or higher, or have experience in security management for 10 years or more; and
(3) having teaching conditions such as premises and facilities necessary for security training.
Article 33 A unit applying to engage in security training shall submit to the local public security organ of the people’s government at the level of a city divided into districts an application and documentary evidence of its compliance with the conditions specified in Article 32 of these Regulations.
The public security organ that accepts the application shall, within 15 days from the date of receipt of the application materials, examine and verify the materials and submit its examination and verification opinions to the public security organ of the people’s government of the province, autonomous region, or municipality directly under the Central Government where it is located. The latter public security organ shall, within 15 days from the date of receipt of the examination and verification opinions, make a decision to issue a security training license if the conditions are met, or notify the applicant and explain the reasons in writing if the conditions are not met.
Article 34 Training in the use of guns for security guards engaged in armed guard and escort services shall be the responsibility of the people’s police academies or the people’s police training organizations. A people’s police academy or training organization that undertakes such training shall file a record with the public security organ of the people’s government of the province, autonomous region, or municipality directly under the Central Government where it is located.
Article 35 Security training units shall formulate teaching programs in accordance with the security guard training syllabus, and provide training in law and security expertise and skills as well as professional morality education to the trainees.
The security guard training syllabus shall be examined and finalized by the public security department of the State Council.
Chapter VII Supervision and Administration
Article 36 Public security organs shall guide security service providers in establishing a sound security service management system, job responsibility system, security guards management system and emergency response plan, and urge them to implement their relevant management systems.
Security service providers, security training units and security guards shall be subject to supervision and inspection by public security organs.
Article 37 Public security organs shall establish an information system for the supervision and administration of security services, and keep records of information about security service providers, security training units and security guards.
Public security organs shall keep confidential such biological information as the fingerprints of security guards which they have collected and retained.
Article 38 The people’s police of public security organs shall display their credentials when conducting the supervision and inspection of security service providers or security training units, and they shall urge the units under inspection to rectify the problems found during the supervision and inspection. The process of supervision and inspection and the results of handling shall be faithfully recorded with signature by supervisors and inspectors of public security organs and by the relevant responsible persons of security service providers or security training units.
Article 39 Public security organs of the people’s governments at or above the county level shall make known to the public the channel for filing complaints, and accept complaints from the public against security service providers, security training units and security guards. The public security organs that have received complaints shall investigate and handle the complaints in a timely manner, and shall provide feedback on the results.
Article 40 State organs and their working staff may not set up security service companies, and may not participate in the business operations of security service companies or do so in disguised form.
Chapter VIII Legal Liability
Article 41 An organization or individual that provides security services or security training without a license shall be given a public security administration penalty in accordance with law and the illegal income shall be confiscated; if a crime is constituted, criminal liability shall be investigated for in accordance with law.
Article 42 Where a security service provider is found under one of the following circumstances, it shall be ordered to make corrections within a time limit and shall be given a warning; if the circumstances are serious, a fine of not less than 10,000 yuan but not more than 50,000 yuan shall be imposed on it; the illegal income, if any, shall be confiscated:
(1) the legal representative of the security service company is replaced without examination and verification by the public security organ;
(2) it fails to file or withdraw its record in accordance with the provisions of these Regulations;
(3) the employer of in-house security guards provides security services externally or outside its property control area;
(4) it employs security guards who do not meet the conditions specified in these Regulations to undertake security work;
(5) the security service company fails to examine and verify the legitimacy of the security services requested by a client, or fails to report a request for illegal security services to the public security organ;
(6) the security service company fails to enter into and retain a security service contract in accordance with the provisions of these Regulations; or
(7) it fails to retain monitoring video data or alarm records collected in security services in accordance with the provisions of these Regulations.
Where a client fails to retain monitoring video data and alarm records collected in security services in accordance with the provisions of these Regulations, it shall be punished in accordance with the provisions of the preceding paragraph.
Article 43 Where a security service provider is found under one of the following circumstances, it shall be ordered to make corrections within a time limit and shall be fined not less than 20,000 yuan but not more than 100,000 yuan; if a violation of public security administration is constituted, a public security administration penalty shall be given to it in accordance with law; if a crime is constituted, the person in charge with competent accountability and other persons with competent accountability shall be investigated for criminal liability in accordance with law:
(1) divulging information known in providing security services, including State secrets, business secrets, and information to be kept confidential as explicitly required by a client;
(2) infringing on the lawful rights and interests of others or the privacy of individuals in using monitoring equipment;
(3) deleting or distributing monitoring video data or alarm records collected in security services;
(4) inciting or allowing security guards to obstruct the lawful performance of official duties, to participate in recovering debts, or to settle disputes by using violence or threatening to use violence; or
(5) neglecting to supervise, educate or train security guards, thus resulting in serious consequences due to illegal and criminal activities committed by security guards.
Where a client deletes or distributes monitoring video data or alarm records collected in security services, it shall be punished in accordance with the provisions of the preceding paragraph.
Article 44 Where, due to a security guard’s refusal to execute illegal instructions, a security service provider dissolves the labor contract with the security guard, reduces his labor remunerations and other benefits, or stops paying or pays less social insurance that shall be paid for him in accordance with law, the security service provider shall be punished and the security guard shall be compensated in accordance with the provisions of the laws and administrative regulations on labor contracts and social insurance.
Article 45 Where a security guard commits one of the following acts, the public security organ shall reprimand him; if the circumstances are serious, his security guard license shall be revoked; if a violation of public security administration is constituted, a public security administration penalty shall be given to him in accordance with law; if a crime is constituted, criminal liability shall be investigated for in accordance with law:
(1) restricting personal freedom of others, conducting body searches, or insulting or assaulting others;
(2) detaining or seizing the credentials or property of others;
(3) obstructing the lawful performance of official duties;
(4) participating in recovering debts or settling disputes by using violence or threatening to use violence;
(5) deleting or distributing monitoring video data or alarm records collected in security services;
(6) infringing on the privacy of individuals or divulging information known in providing security services, including State secrets, business secrets, and information to be kept confidential as explicitly required by a client; or
(7) other acts that violate laws or administrative regulations.
Where a security guard engaged in armed guard and escort services uses a gun in violation of the provisions, he shall be punished in accordance with the provisions of the Regulations on Administration of Use of Guns by Full-time Guards and Escorts.
Article 46 Where a security guard causes death or injury to others or losses of property of others in providing security services, the security service provider shall pay compensation; if the security guard does so on purpose or due to gross negligence, the security service provide may claim compensation from him in accordance with law.
Article 47 Where a security training unit fails to provide training in accordance with the security guard training syllabus, it shall be ordered to make corrections within a time limit and shall be given a warning; if the circumstances are serious, a fine of not less than 10,000 yuan but not more than 50,000 yuan shall be imposed on it; if the unit commits fraudulent activities in the name of security training, it shall be given a public security administration penalty in accordance with law; if a crime is constituted, criminal liability shall be investigated for in accordance with law.
Article 48 Where a State organ or one of its staff members sets up a security service company, participates in the business operations of a security service company or does so in disguised form, the person in charge with competent accountability and other persons with competent accountability shall be given a sanction each in accordance with law.
Article 49 Where the people’s police of the public security organ abuse their powers, neglect their duties or commit illegalities for personal gain during the supervision and administration of security services, they shall be given a sanction each in accordance with law; if a crime is constituted, criminal liability shall be investigated for in accordance with law.
Chapter IX Supplementary Provisions
Article 50 The formats of security service licenses, security training licenses and security guard licenses shall be determined by the public security department of the State Council.
Article 51 Security service companies and security training units established prior to the implementation of these Regulations shall, within six months from the date of implementation of these Regulations, apply anew for security service licenses and security training licenses. Units employing in-house security guards prior to the implementation of these Regulations shall, within three months from the date of implementation of these Regulations, file a record with the public security organs.
Security guards who have been engaged in security services prior to the implementation of these Regulations shall, within one year from the date of implementation of these Regulations, attend training organized by the units to which they belong, and shall be issued the security guard licenses after they pass the examination and appraisal by the public security organs of the people’s governments at the level of a city divided into districts, and provide such biological information as their fingerprints.
Article 52 These Regulations shall be effective as of January 1, 2010.