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Decree 66/2017/ND-CP on business conditions for camouflage equipment and software.

 

Decree 66/2017/ND-CP on business conditions for equipment

Business activities include trading in equipment and software used for covert recording, video recording, and location tracking, such as:

1. Manufacturing, assembling, transporting, storing, buying, selling, exporting, importing, leasing, and repairing camouflage equipment and software used for audio recording, video recording, and location tracking.

2. Concealed recording devices are recording devices that are manufactured to resemble ordinary equipment or objects.

3. A camouflage device used for location tracking is a device with the ability to determine the location or target, manufactured to resemble ordinary equipment or objects.

4. Concealing software used for recording audio, video, and location tracking is software created to disguise itself as other system software, applications, utilities, or tools, or programmed with additional code to secretly film, photograph, record audio, or determine the location of a target.

5. The person responsible for security and order at the business establishment is:

  • The legal representative, the business manager, and the business owner whose names are listed in the documents specified in point b, clause 1, Article 9 of this Decree;
  • The person authorized by the persons specified in point a of this clause to be named in the Certificate of Eligibility regarding security and order for the business of camouflage equipment and software used for audio recording, video recording, and location tracking (hereinafter referred to as the Certificate of Eligibility regarding security and order).

This is the content stipulated in Decree 66/2017/ND-CP Regarding the business conditions for equipment and software used for recording audio, video, and location tracking.

Accordingly, businesses are only permitted to sell equipment and software for covert audio and video recording to individuals legally authorized to use covert audio and video recording methods, namely:

  • The agency responsible for protecting national security, public order, and social safety.
  • The agency is responsible for implementing secret audio and video recording measures in accordance with the conditions, authority, and procedures for special investigative measures as stipulated in the Criminal Procedure Code.

Furthermore, regarding the responsibilities of businesses providing equipment and software for disguised audio and video recording, Decree 66/2017/ND-CP (effective from July 5, 2017) also stipulates:

  • Only employ staff who are 18 years of age or older; have full legal capacity; and are not addicted to drugs.
  • Do not employ individuals who are under investigation, prosecution, or trial; who have had their prison sentence suspended; or who have been released from prison early…

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