Chương I Luật Quản lý, sử dụng vũ khí, vật liệu nổ và công cụ hỗ trợ 2017: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Law provides regulations on management and use of weapons, explosives and combat gears; principles and responsibilities of authorities, organizations and individuals related to management and use of weapons, explosives, explosives precursors and combat gears to ensure the national security, social order and safety, protection of human rights, civil rights and socio-economic development.

Article 2. Regulated entities

This Law applies to organizations and individuals managing and/or using weapons, explosives, explosives precursors and combat gears.

Article 3. Definitions

For the purpose of this Law, the terms below shall be construed as follows:

1. "weapon” is a piece or a combination of equipment that is meant to inflict damage or harm to human lives and health and destroy structures, including military weapons, hunting rifles, cold weapons, sporting weapons and other types of weapons with similar properties and effects.

2. “military weapons” means weapons that are manufactured in conformity with technical standards and designs of legal producers and provided for the people's armed forces and other forces prescribed by this Law for conduction of their missions, including:

a) Firearms including handguns, rifles, submachine guns (SMG), light machine guns (LMG), anti-tank rifles and grenade launchers;

b) Light weapons including heavy machine guns (HMG), mortars, B-10 recoilless rifles, anti-aircraft guns and anti-tank missiles;

c) Heavy weapons including fighter aircrafts, armed helicopters, tanks, armored fighting vehicles, warships, submarines, field artillery, anti-aircraft artillery, missiles;

d) Bombs, mines, grenades, torpedoes, naval mines; ammunition used for the weapons specified in Points a, b and c of this Clause.

3. "hunting guns” means guns that are manufactured in non-industrial and industrial manners and used for hunting, including firearms, air guns and ammunition used for these guns.

4. “cold weapons” means weapons that have simple structures and operating principles and are manufactured in non-industrial and industrial manners, including: daggers, swords, spears, bayonets, knives, scimitars, cones, steel knuckles, maces, bows, crossbows, darts.

5. "sporting weapons” means weapons that are manufactured in non-industrial and industrial manners and used for sport training and competitions, including:

a) Air rifles, rifles using exploding bullets, air handguns, handguns using exploding bullets, sporting guns using paintballs, skeet guns and ammunition used for these weapons;

b) The cold weapons prescribed in Clause 4 of this Article used for sport training and competitions.

6. “weapons with similar with properties and effects” means weapons that are manufactured in non-industrial and industrial manners but fail to comply with technical standards and designs of legal producers and cause harm to human lives and health and structures similar to military weapons, hunting guns, cold weapons and sporting weapons.

7. “Explosive” means a product causing quick and strong chemical reactions that spread heat, produce gases, generate light and cause explosions due to impacts of the initial stimulus, including :

a) Dynamite which means chemicals or compounds used for creating explosive reaction due to impacts of the initial stimulus

b) Explosive accessories including detonators, detonating wires, slow-burning wires, explosive-containing articles providing the initial stimulus which burst explosives or specialized equipment containing explosives.

8. “military explosives” means explosives used for national defense and security.

9. “industrial explosives” means explosives used for economic and civil purposes.

10. “explosives precursors” means dangerous chemicals directly used for producing explosives.

11. “combat gear” means equipment or military animals used for carrying out missions and providing protection, which aims to reduce and prevent the violators from resisting or running way, protect law enforcement officials , people performing protection missions or giving signals of emergency, including:

a) Stun guns, guns shooting asphyxiant gas, guns shooting poisons, tranquillizer guns, coilguns, net guns; rope launchers; guns using plastic bullets, guns using exploding bullets, guns using rubber bullets, tear gas, flares, tracers and ammunition used for these types of guns;

b) Devices used for spraying tear gas, asphyxiant gas, poisons, anesthetics or itching powder

c) Smoke grenades, tear gas grenades, flashbangs

d) Stun batons, rubber batons, metal batons; figure-8 handcuffs, spike-boards, barbed wires; armors; electric gloves, knife gloves; shields, bulletproof helmets; sonic weapons;

dd) Military animals which are animals trained and used for protecting national security and ensuring social order and safety;

e) Devices with similar properties and effects which are equipment not manufactured in conformity with technical standards and designs of legal producers and have their properties and effects similar to the combat gears prescribed in Points a, b, c and d of this Clause.

12. “trading” means trading of weapons, explosives, explosives precursors or combat gears

Article 4. Principles of management and use of weapons, explosives, explosives precursors and combat gears

1. The management and use of weapons, explosives, explosives precursors and combat gears shall comply with the Constitution and law of the Socialist Republic of Vietnam

2. Weapons, explosives and combat gears shall be provided for eligible persons in accordance with standards and technical regulations.

3. People managing and using weapons, explosives, explosives precursors and combat gears shall satisfy all conditions prescribed by regulations of law.

4. People ordering and deciding the use of weapons, explosives, explosives precursors and combat gears shall be responsible for their orders and decisions.

5. Weapons, explosives, explosives precursors and combat gears shall be used for proper purposes and in accordance with regulations and minimize damage to people, property and the environment.

6. Research into, manufacture, trading, equipment, import, export, transport, repair and use of weapons, explosives, explosives precursors and combat gears shall obtain licenses and certificates issued by authorities.

7. Weapons, explosives, explosives precursors and combat gears that are redundant, expired or no longer usable shall be recovered, liquidated or destroyed

8. Any loss of weapons, explosives, explosives precursors, combat gears and licenses and certificates shall be notified promptly to competent authorities.

9. Weapons, explosives, explosives precursors and combat gears shall be tested, verified, assessed and registered in accordance with regulations of law on managing quality of products and goods before they are produced, traded and used in Vietnam.

Article 5. Prohibited actions related to management and use of weapons, explosives, explosives precursors and combat gears

1. Personal possession of weapons, explosives and combat gears, except for cold weapons used for exhibition and heirlooms.

2. Illegal research into, manufacture, trading, export, import, storage, transport, repair, use or appropriation of weapons, explosives, explosives precursors and combat gears or components used for assembling weapons and combat gears.

3. Illegal movement of weapons, explosives, explosives precursors and combat gears out of the territory of the Socialist Republic of Vietnam or to areas where they are prohibited.

4. Abuse of the use of weapons, explosives, explosives precursors and combat gears to violate national security, social order and safety, human lives and health, property, legal rights and interests of an organization or another person.

5. Destruction of or intentional infliction of damage to provide weapons, explosives, explosives precursors, combat gears.

6. Provision of weapons, explosives, explosives precursors, combat gears for an unqualified organization or individual

7. Exchange, giving, sending, lending, borrowing, leasing or mortgage of weapons, explosives, explosive precursors and combat gears or components used for assembling weapons and combat gears; except for exchange, giving, sending, lending, borrowing, leasing or mortgage of cold weapons used for exhibition and heirlooms.

8. Transport, maintenance and destruction of weapons, explosives, explosive precursors and combat gears which fail to ensure safety or affect the environment.

9. Appropriation, trading, exchange, giving, lending, borrowing, leasing, mortgage, counterfeiting, repair or erasure of licenses and certificates related to weapons, explosives, explosive precursors and combat gears.

10. Appropriation, trading, exchange, giving, lending, borrowing, leasing or mortgage of wastes and scraps of weapons, explosives and combat gears.

11. Illegal provision of instructions on and training in methods for manufacturing, repairing or using weapons, explosives, explosive precursors and combat gears in any way.

12. Concealment of, failure to denounce or provision of assistance in the illegal manufacture, bringing, trading, repair, export, import, storage, transport, use or destruction of weapons, explosives, explosives precursors and combat gears.

13. Illegally digging or searching for or collecting weapons, explosives, combat gears; scraps and wastes of weapons, explosives and combat gears.

14. Intentional provision of false information on management of weapons, explosives, explosive precursors and combat gears; failure to report or promptly report, concealment or falsification of information on the loss, accidents related to weapons, explosives, explosives precursors or combat gears.

Article 6. Responsibilities of heads of organization permitted to use weapons, explosives, explosive precursors and combat gears

1. Provide directions on, organize the implementation of and take responsibility for management and use of weapons, explosives, explosives precursors and combat gears.

2. Only provide weapons, explosives and combat gears for people satisfying all of the conditions prescribed in Clause 1 Article 7 of this Law.

3. Assign people who satisfy all of the conditions prescribed in Clause 1 Article 8 of this Law to manage warehouses and places for keeping weapons, explosives, explosives precursors or combat gears.

4. Arrange warehouses and places for keeping weapons, explosives, explosives precursors and combat gears as prescribed in Clause 2 Article 9 of this Law.

Article 7. Conditions for and responsibilities of people assigned to use weapons, explosives and combat gears

1. A person assigned to use a weapon, explosive device or combat gear shall fulfill the following conditions:

a) He/she has full legal capacity;

b) He/she satisfies moral and health requirements for his/her assigned tasks;

c) He/she is not incurring any administrative penalty or facing criminal prosecution. His/her conviction has been expunged;

d) He/she has been trained in and obtained a certificate of use of weapons, explosives and combat gears.

2. A person assigned to use a weapon, explosive device or combat gear shall:

a) Use weapons, explosives and combat gears for proper purposes and in accordance with regulations of law;

b) Bring his/her certificate or license when carrying weapons and combat gears;

c) Protect weapons, explosives and combat gears from damage and loss in conformity with regulations and procedures;

d) Return weapons, explosives, combat gears and his/her license to the person in charge of managing and maintaining them in accordance with regulations of law when his/her mission is completed or the time limit for his/her mission has expired.

3. The Government shall provide detailed guidance on training in and issuance of certificates of use of weapons, explosives and combat gears.

Article 8. Conditions for and responsibilities of people assigned to manage warehouses and places for keeping weapons, explosives, explosives precursors and combat gears

1. A person assigned to manage warehouses and places for keeping weapons, explosives, explosives precursors and combat gears shall satisfy the following conditions:

a) He/she has full legal capacity;

b) He/she satisfies moral and health requirements for his/her assigned tasks;

c) He/she is not incurring any administrative penalty or facing criminal prosecution. His/her conviction has been expunged

d) He/she has been trained for and obtained a certificate of management and use of military weapons, explosives or combat gears or a certificate of professional training in fire prevention, safe technique related to industrial explosives and explosives precursors;

dd) He/she thoroughly understands internal regulations on management and maintenance of warehouses and places for keeping weapons, explosives, explosives precursors or combat gears.

2. A person assigned to manage warehouses and places for keeping weapons, explosives, explosives precursors or combat gears shall protect them from loss or damage in accordance with regulations and procedures;

3. The Government shall provide guidance on training in and issuance of certificates of management and use of military weapons, explosives and combat gears and certificates of training in safe techniques related to industrial explosives and explosives precursors;

Article 9. Management and maintenance of weapons, explosives, explosives precursors and combat gears

1. The management and maintenance of weapons, explosives, explosives precursors and combat gears shall comply with regulations and procedures, ensure safety and avoid their losses or damage;

2. Warehouses and places for keeping weapons, explosives, explosives precursors and combat gears shall be arranged, designed and constructed in conformity with standards in and technical regulations on safety, fire prevention and environmental protection. Internal regulations on and measures for protection and fire prevention, plans or measures for prevention of and response to chemical incidents and equipment used for ensuring safety shall be approved by competent authorities.

3. The Government shall provide detailed guidance on management and maintenance of weapons, explosives, explosives precursors and combat gears

Article 10. Revocation of military weapons, military explosives and combat gears and licenses for and certificates of management and use of weapons, explosives, explosives precursors and combat gears

1. Military weapons, military explosives or combat gears provided to an organization shall be revoked if:

a) The organization is dissolved, transferred, divided, consolidated or merged;

b) The military weapons, military explosives or combat gears are redundant, expired or no longer usable;

c) The organization is not allowed to use these military weapons, military explosives or combat gears in accordance with regulations of this Law.

2. A license for or certificate of military weapons, military explosives and combat gears issued to an organization shall be revoked if:

a) One of the cases prescribed in Clause 1 of this Article occurs;

b) The weapons or combat gears are lost;

c) The organization producing, trading in or repairing military weapons, military explosives or combat gears is dissolved, transferred, divided, consolidated or merged;

d) The license or certificate is issued ultra vires.

3. Certificates of management and use of weapons, explosives, explosives precursors and combat gears issued to individuals will be revoked if these individuals do other works, retire, leave their jobs or fail to satisfy all of the conditions prescribed by regulations and law.

The supervisory authorities shall revoke the certificates and submit them to competent authorities that issued these certificates.

4. A license for or certificate of management and use of industrial explosives and explosives precursors issued to an organization shall be revoked if:

a) The organization producing, trading, transporting or using industrial explosives and explosives precursors is dissolved, transferred, divided, consolidated or merged;

b) The organization shuts down its operation related to industrial explosives and explosives precursors;

c) The organization fails to satisfy conditions for producing, trading, transporting and using industrial explosives or explosives precursors prescribed in this Law; fails to satisfy or comply with the contents specified in its license or certificate;

d) The license or certificate is issued ultra vires.

dd) The organization has not traded in industrial explosives or explosives precursors for 6 months from the day on which its business license is issued.

5. Licenses for and certificates of management and use of weapons, explosives, explosives precursors and combat gears that are damaged or expired shall be returned to competent authority issuing them for reissuance or replacement.

Article 11. Procedures for recovery of military weapons, explosives and combat gears and revocation of licenses for and certificates of management and use of weapons, explosives, explosives precursors and combat gears

1. The organizations mentioned in Article 10 of this Law shall prepare applications for revocation and follow procedures for the application for revocation. An application shall consist of:

a) An application form for revocation;

b) A letter of introduction enclosed with a copy of the ID card, passport, police ID card or ID issued by the People's Army of the applicant.

2. An application containing the documents prescribed in Clause 1 of this Article shall be submitted to the authority issuing licenses and certificates (hereinafter referred to as “licensing authority”)

3. Within 05 working days from the day on which the application is received, the licensing authority shall take back military weapons, explosives and combat gears and revoke the issued license or certificate.

4. If an organization fails to apply for the recovery of military weapons, military explosives and combat gears or revocation of its licenses, written confirmation or certificate, the licensing authority shall inspect, make a record and recover the weapons, explosives or combat gears or revoke the license or certificate in accordance with regulations of law.

5. The Government shall provide detailed guidance on this Article.

Article 12. Cases in which weapons and combat gears allowed to be brought in or out of the territory of the Socialist Republic of Vietnam

1. Foreign organizations and individuals may bring weapons or combat gears from foreign countries to the territory of Vietnam or bring them out of the territory of Vietnam if:

a) The weapons or combat gears aim to protect foreign VIPs visiting or working in Vietnam;

b) The weapons or combat gears are used for sport training and competitions; exhibitions, displays, making offers, introduction of products or used as props in cultural and artistic activities;

c) The weapons or combat gears are brought according to the programs and plans of the Ministry of National Defense or the Ministry of Public Security.

2. Vietnamese organizations and individuals may bring weapons or combat gears in the territory of Vietnam or bring them out of the territory of Vietnam if:

a) The weapons or combat gears are used for protecting VIPs as prescribed in Law on Guard;

b) The weapons or combat gears are used for sport training and competitions; exhibitions, displays, making offers, introduction of products or used as props in cultural and artistic activities;

c) The weapons or combat gears are brought according to programs and plans of the Ministry of National Defense or the Ministry of Public Security.

3. Organizations and individuals that are allowed to bring weapons and combat gears in the territory of Vietnam or bring them out of the territory of Vietnam but are not mentioned in Clauses 1 and 2 of this Article shall get permission of the Minister of Public Security.

Article 13. Quantity and types of weapons and combat gears allowed to be brought in or out of the territory of the Socialist Republic of Vietnam

1. An organization or individual is allowed to bring not more than 10 handguns enclosed with their ammunition and accessories (if any) and combat gears in or out of the territory of Vietnam to carry out protection mission. If an organization or individual brings more than 10 handguns enclosed with their ammunition and accessories (if any), this organization or individual shall get permission of the Minister of Public Security.

2. Police authorities assigned by the Minister of Public Security shall decide the quantity and types of weapons and combat gears brought in or out of the territory of the Socialist Republic of Vietnam for sport training and competitions; exhibitions, displays, making offers, introduction of products or used as props in cultural and artistic activities.

3. Quantity and types of weapons and combat gears brought in or out of the territory of the Socialist Republic of Vietnam in accordance with regulations in Point c Clause 1 and Point c Clause 2 Article 12 of this Law shall be decided by the Minister of National Defense and the Minister of Public Security.

Article 14. Procedures for issuance of licenses to bring weapons and combat gears in or out of the territory of the Socialist Republic of Vietnam

1. An application for the license to bring weapons or combat gears in or out of the territory of the Socialist Republic of Vietnam prescribed in Point a Clause 1, Point a Clause 2 of Article 12 of this Law shall consist of:

a) An application form which specifies reasons and time limit for bringing in and out; full name, number, date of issuance of ID card or passport of the person bringing the weapons or combat gears; quantity, types, trademarks, numbers and symbols of weapons or combat gears; their ammunition and accessories (if any) and vehicles; border checkpoint where the weapons or combat gears are brought in or out of the territory of the Socialist Republic of Vietnam;

b) A letter of introduction enclosed with a copy of the ID card, passport, police ID card or ID issued by the People's Army of the applicant.

c) A written permission issued by the Minister of Public Security as prescribed in Clause 1 Article 13 of this Article.

2. An application for the license to bring weapons and combat gears in or out of the territory of the Socialist Republic of Vietnam prescribed in Point b Clause 1, Point b Clause 2 of Article 12 of this Law shall consist of:

a) The documents prescribed in Points a and b of Clause 1 of this Article;

b) A copy of the decision, program or plan issued by the competent authority.

3. An application for the license to bring weapons and combat gears in or out of the territory of the Socialist Republic of Vietnam as prescribed in Clause 3 Article 12 of this Law shall consist of:

a) The documents prescribed in Points a and b of Clause 1, Point b Clause 2 of this Article;

b) A written permission issued by the Minister of Public Security.

4. An application containing the documents prescribed in Clauses 1, 2 or 3 of this Article shall be submitted to the competent authority assigned by the Minister of Public Security. Within 3 working days from the day on which the adequate application is received, the police authority shall issue the license or send a written explanation to the applicant in case of refusal to issue the license.

5. Procedures for issuance of licenses in the cases where weapons and combat gears are brought in or out of the territory of the Socialist Republic of Vietnam according to the programs and plans of the Ministry of National Defense shall comply with regulations issued by the Minister of National Defense.

Article 15. Management and use of weapons, explosives and combat gears used for exhibitions, displays, making offers or introduction of products or used as props in cultural and artistic activities

1. Weapons and combat gears used for exhibitions, displays or used as props in cultural and artistic activities shall be neutralized.

2. Weapons and combat gears shall only be used for making offers or introduced in accordance with the time and place registered with the competent authorities.

In the cases where the weapons and combat gears are brought in the territory of Vietnam to make offer or introduce, after the time limit for these activities expires, the adequate quantity and types of weapons and combat gears prescribed in the licenses shall be brought out of the territory of Vietnam.

3. Film studios operating under regulations of the Law on Cinematography, museums and performing art units are allowed to use weapons and combat gears for exhibitions and displays or use them as props in cultural and artistic activities.

4. If an organization wishes to use usable weapons, combat gears and explosives as props in cultural and artistic activities, the Minister of Public Security will decide this issue after reaching agreements with the Ministry of Culture, Sports and Tourism within its power and the Minister of National Defense will decide the cases under its management.

Usable weapons and combat gears and explosives for props in cultural and artistic activities shall be used by the specialized authority affiliated to the Ministry of Public Security or the Ministry of National Defense.

5. Procedures for issuance of licenses to use weapons and combat gears for exhibitions and displays or as props in cultural and artistic activities to persons not under the management of the Ministry of National Defense shall be specified as follows:

a) An application shall consist of an application form made by the applicant and specifying reasons and demands for, types and quantity of weapons and combat gears, a copy of a decision on establishment or operating license; a letter of introduction enclosed with a copy of ID card, passport or police ID card of the person submitting the application;

b) An application containing the documents prescribed in Point a of this clause shall be submitted to the competent authority assigned by the Minister of Public Security.

c) Within 5 working days from the day on which the adequate application is received, the police authority shall issue the license for equipment or use of weapons and combat gears or send a written explanation to the applicant in case of refusal to issue the license.

6. Procedures for issuance of licenses for equipment and use of weapons and combat gears for exhibitions and displays or as props in cultural and artistic activities under the management of the Ministry of National Defense shall comply with regulations issued by the Minister of National Defense

7. The Government shall provide detailed guidance on the power of and procedures for disabling the functions, effects and confirmation of condition of weapons and combat gears used for exhibitions, displays or used as props in cultural and artistic activities.

Article 16. Assessment of weapons and combat gears with similar properties and effects

1. Authorities that have power to assess weapons and combat gears with similar properties and effects shall include:

a) Institute of Crime Science affiliated to the Ministry of Public Security;

b) Criminal Techniques Division affiliated to provincial police

c) Division of Criminal Technical Inspection affiliated to the Ministry of National Defense.

2. Procedures for assessment of weapons and combat gears with similar properties and effects shall be gone through in accordance with regulations on Law on Judicial Expertise.