Chương V Luật Quản lý, sử dụng vũ khí, vật liệu nổ và công cụ hỗ trợ 2017: Quản lý, sử dụng công cụ hỗ trợ

Chapter V

MANAGEMENT AND USE OF COMBAT GEARS

Article 52. Research into, manufacture, trading, export, import and repair of combat gears

1. Combat gears shall be researched, manufactured and repaired by organizations affiliated to the Ministry of Public Security and the Ministry of National Defense and these activities shall satisfy the following conditions:

a) Organizations are assigned to research, manufacture and repair combat gears by the Minister of Public Security and the Minister of National Defense;

b) Conditions for ensuring security, order, fire prevention and environmental protection are satisfied;

c) Combat gears are researched and manufactured by producers of combat gears in accordance with research plans approved by the competent authority;

d) Measuring instruments and equipment are sufficient to inspect and supervise technical parameters and inspect quality of combat gears in the production process. The testing places are separate and safe as prescribed in standards and technical regulations;

dd) Types of combat gears ensure the quality, standards and technical regulations. Each supporting tool has its own label, number, symbol, country of production, year of production and expiry date;

e) Managers, employees and workers engaged in the production of combat gears shall ensure the security and order, have suitable qualifications and are trained in safe technique, fire prevention and response to incidents in activities related to production of combat gears;

2. The trading of combat gears shall satisfy the following conditions:

a) Traders of combat gears are state-owned enterprises established in accordance with regulations of law;

b) Conditions for ensuring security, order, fire prevention and environmental protection are satisfied;

c) Warehouses, vehicles and equipment for trading of industrial explosives are conformable and their conditions for maintenance and transport of combat gears and fire prevention are ensured;

d) Managers, employees and workers engaged in the trading, export or import of combat gears shall ensure the security and order, have suitable qualifications and are trained in management of combat gears and fire prevention;

dd) Only combat gears complying with standards and technical regulations and license to trade in combat gears are traded.

3. Combat gears shall be exported or imported as follows:

a) Producers and traders of combat gears are allowed to export and import combat gears;

b) Imported or exported combat gears shall ensure the quality, standards and technical regulations. Each combat gear shall have its own label, number, symbol, country of production, year of production and expiry date;

4. The Minister of Ministry of National Defense and Minister of Public Security shall provide guidance on the management and use of and training for military animals.

Article 53. Procedures for issuance of licenses to trade in combat gears

1. An application for the license to trade in combat gears applying to organizations not under the management of the Ministry of National Defense shall consist of:

a) An application form for the license to trade in combat gears.

b) A copy of the decision on establishment or the ERC;

c) Copies of documents proving the satisfaction of conditions for ensuring safety and fire prevention in business premises and warehouses of combat gears;

d) The list of managers and employees engaged in the maintenance and trading of combat gears; the representative’ personal dossier; the plan or measure for prevention of and response to urgent incidents applying to warehouses used for maintaining combat gears;

dd) A letter of introduction enclosed with a copy of the ID card, passport or police ID card of the person submitting the application.

2. An application for reissuance of a license to trade in combat gears shall consist of a report on the trading of combat gears within period of the issued license and the documents prescribed in Clause 1 of this Article.

3. An application for a license to trade in combat gears shall be submitted to the competent authority assigned by the Minister of Industry and Trade. Within 5 working days from the day on which the adequate application is received, the competent authority shall carry out an inspection and assessment and issue the license to trade in combat gears or send a written explanation to the applicant in case of refusal to issue the license.

4. Procedures for issuance of licenses to trade in combat gears applying to organizations under the management of the Ministry of National Defense shall comply with regulations issued by the Minister of National Defense.

Article 54. Procedures for issuance of licenses to export or import combat gears

1. An application for the license to export or import combat gears applying to organizations not under the management of the Ministry of National Defense shall consist of:

a) An application form for a license to export or import combat gears;

b) A copy of the license to trade in combat gears;

c) A letter of introduction enclosed with a copy of the ID card, passport or police ID card of the person submitting the application.

2. An application containing the documents prescribed in Clause 1 of this Article shall be submitted to the police authority assigned by the Minister of Public Security. Within 5 working days from the day on which the adequate application is received, the competent authority shall carry out an inspection and assessment and issue the license to export or import combat gears or send a written explanation to the applicant in case of refusal to issue the license. Period of a license to export or import combat gears shall be 30 days.

3. Procedures for issuance of licenses to export or import combat gears applying to organizations under the management of the Ministry of National Defense shall comply with regulations issued by the Minister of National Defense.

Article 55. Entities equipped with combat gears

1. The following entities are equipped with combat gears:

a) Vietnam People’s Army;

b) Vietnam Civil Defense Force;

c) Vietnam Coast Guards

d) Vietnam People's Public Security

dd) Cipher force;

e) Investigating authorities affiliated to People’s Supreme Procuracy;

g) Authorities in charge of enforcement of civil judgments

h) Foresters, full-time forest protection forces, Vietnam Fisheries Resources Surveillance, forces directly carry out specialized fishery inspections;

i) Customs officers working at border checkpoints and full-time forces carrying out tasks of anti-smuggling affiliated to customs to Vietnam Customs.

k) Inspecting teams affiliated to the market control forces;

l) Aviation security force, forces directly carry out specialized inspections related to transportation;

m) Guardians of authorities, organizations; providers of security services;

n) Neighborhood security guards;

o) Sporting clubs and providers of training in sports that have obtained operating licenses;

p) Drug detoxification facilities;

q) According to properties, requirements and missions, the Minister of Public’s Security shall decide to provide combat gears for other entities.

2. According to properties, requirements and missions, the Minister of Public’s Security shall stipulate the equipment of combat gears for personnel of the Vietnam People’s Army, Vietnam Civil Defense Force, Vietnam coast guard, cipher force and sporting clubs and providers of training in sports under the management of the Ministry of National Defense.

3. According to properties, requirements and missions, the Minister of Public’s Security shall stipulate the equipment of combat gears for entities not under the management of the Ministry of National Defense.

Article 56. Procedures for being equipped with combat gears

1. Procedures for being equipped with combat gears applying to entities that are not under the management of the Ministry of National Defense shall be specified as follows:

a) An application shall consist of an application form specifying demands and conditions for and types and quantity of combat gears to be equipped, a copy of a decision on establishment or ERC of the applicant; a decision on establishment of full-time guard force issued by the authority, organization establishing this force; 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 for being equipped with combat gears shall be submitted to the police authority assigned by the Minister of Public Security;

c) Within 10 working days from the day on which the adequate application is received, the police authority shall issue the license to be equipped with combat gears and instruct the applicant to equip these tools or send a written explanation to the applicant in case of refusal to issue the license;

d) The period of license to be equipped with combat gears shall be 30 days.

2. Procedures for providing combat gears for personnel of the Vietnam People’s Army, Vietnam Civil Defense Force, Vietnam coast guard, cipher force, sporting clubs and providers of training in sports under the management of the Ministry of National Defense shall comply with regulations issued by the Minister of National Defense.

Article 57. Procedures for issuance of licenses to purchase combat gears

1. An organization affiliated to the Ministry of Public Security that is allowed to produce and trade in combat gears shall prepare an application consisting of the following documents when purchasing combat gears:

a) An application form for the license to purchase combat gears which specifies quantity and types of combat gears; name and address of the seller;

b) A letter of introduction enclosed with a copy of the ID card, passport or police ID card of the person submitting the application.

2. An application for a license to purchase combat gears shall be submitted to the police authority assigned by the Minister of Public Security. Within 5 working days from the day on which the adequate application is received, the police authority shall issue the license to purchase combat gears or send a written explanation to the applicant in case of refusal to issue the license. Period of a license to purchase combat gears shall be 30 days.

3. Procedures for issuance of licenses to purchase combat gears to organizations affiliated to the Ministry of National Defense and are allowed to produce and trade in weapons shall comply with regulations issued by the Minister of National Defense.

Article 58. Procedures for issuance of licenses to use combat gears and combat gear registration certificate

1. Procedures for issuance of licenses to use combat gears and combat gear registration certificate applying to entities that are not under the management of the Ministry of National Defense shall be specified as follows:

a) A license to use combat gears shall be issued to stun guns, guns shooting asphyxiant gas, guns shooting poisons, tranquillizer guns, coilguns, laser gun, net guns; rope launchers; guns using plastic bullets, guns using exploding bullets, guns using rubber bullets, tear gas, flares, tracers; stun batons, metal batons Other types of combat gears shall obtain combat gear registration certificates;

b) An application for the license to use combat gears or the combat gear registration certificates shall consist of an application form which specifies the quantity, types, producing country, trademark, number and symbol of each type of combat gears; a copy of license to be equipped with combat gears; a copy of the invoice or stock issued docket; a letter of introduction enclosed with a copy of ID card, passport or police ID card of the person submitting the application;

c) An application for replacement or reissuance of the license to use combat gears or the combat gear registration certificates shall consist of an application form which specifies the reasons, quantity, type, trademark, number and symbol of each type of combat gears If a license to use combat gears or combat gear registration certificate is loss or damaged, a written explanation which specifies reasons and handling results will be required; a letter of introduction enclosed with a copy of the ID card, passport or police ID card of the person submitting the application.

d) An application for a license to use combat gears or combat gear registration certificate shall be submitted to the police authority assigned by the Minister of Public Security.

dd) Within 10 working days from the day on which the adequate application is received, the police authority shall carry out a site inspection and issue the license to use combat gears or combat gear registration certificate or send a written explanation to the applicant in case of refusal to issue the license or the certificate;

e) Licenses to use combat gears shall only be issued to organizations allowed to be equipped with combat gears and the period of each license shall be 05 years. A license to use combat gears shall be replaced in case of expiry and reissued in case of loss or damage.

g) Combat gear registration certificates shall only be issued to organizations allowed to be equipped with combat gears and the period of each license shall be unlimited. A combat gear registration certificate shall be replaced in case of expiry and reissued in case of loss or damage.

2. Procedures for issuance of licenses to use combat gears or combat gear registration certificates applying to the personnel of the Vietnam People’s Army, Vietnam Civil Defense Force, Vietnam coast guard, cipher force, sporting clubs and providers of training in sports under the management of the Ministry of National Defense shall comply with regulations issued by the Minister of National Defense.

Article 59. Transport of combat gears

1. The transport of combat gears shall comply with the following regulations:

a) Combat gears shall only be transferred in case of orders for transporting weapons or a license to transport weapons issued by the competent authority;

b) The transport of combat gears shall ensure secret and safety;

c) The transport of large quantity of combat gears or flammable or dangerous combat gears shall use specialized vehicles and satisfy conditions for fire prevention;

d) Weapons and people shall not be transported in a vehicle, except for people responsible for transporting combat gears;

dd) Vehicles used for transporting combat gears shall not be stopped or parked in crowded places, residential areas or places where important works related to national defense, security, economy, culture and foreign affairs are located. The stop of vehicles due to necessity of spending the night, incidents or lack of guards during the transport of weapons shall be notified to the nearest military or police authorities for cooperation in protection of combat gears.

2. Procedures for issuance of licenses to transport combat gears applying to entities that are not under the management of the Ministry of National Defense shall be specified as follows:

a) An application for transporting combat gears shall consist of an application form specifying the reasons, quantity and types of transported combat gears; the place of departure, place of arrival, time and route of transport; full name and address of the person in charge of transporting the combat gears and the person driving the vehicle; the vehicle’s license plate; a letter of introduction enclosed with a copy of the 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 police 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 to transport combat gears or send a written explanation to the applicant in case of refusal to issue the license.

d) The period of a license to transport combat gears shall be 30 days. A license to transport combat gears shall only apply to a shipment. Within 07 day from the day on which the transport of weapon is completed, the license to transport combat gears shall be returned to the licensing authority.

3. Procedures for issuance of orders for transporting combat gears applying to the personnel of the Vietnam People’s Army, Vietnam Civil Defense Force, Vietnam coast guard, cipher force, sporting clubs and providers of training in sports under the management of the Ministry of National Defense shall comply with regulations issued by the Minister of National Defense.

Article 60. Procedures for issuance of licenses to repair combat gears

1. Procedures for issuance of licenses to repair combat gears applying to entities that are not under the management of the Ministry of National Defense shall be specified as follows:

a) An application for the license to repair combat gears shall consist of an application form specifying types, trademark, number and symbol of each type of repaired combat gears; place and time of repair; 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 shall be submitted to the police 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 to repair combat gears or send a written explanation to the applicant in case of refusal to issue the license.

2. Procedures for issuance of licenses to repair gears applying to the personnel of the Vietnam People’s Army, Vietnam Civil Defense Force, Vietnam coast guard, cipher force, sporting clubs and providers of training in sports under the management of the Ministry of National Defense shall comply with regulations issued by the Minister of National Defense.

Article 61. Use of combat gears

1. A person assigned to use combat gears shall comply with regulations in Clause 2 Article 22 of this Law and is allowed to use these weapons if:

a) One of the cases prescribed in Clause 23 of this Article occurs;

b) Combat gears are used for preventing and dispersing illegal demonstrations, riots, disturbance to the public order and violation of national security, social order and safety;

c) Combat gears are used for preventing a person from threatening lives and health of law enforcement officials or other people;

d) Combat gears are used for preventing and dispersing the disturbance, opposition or disobedience to the orders of law enforcement officials, risks to security and safety of prisons, detention camps, custody houses, reformatories, compulsory education establishments and drug detoxification facilities;

dd) Combat gears are used in case of justified self-defense or emergency as prescribed by law.

2. People assigned to use combat gears shall not take responsibility for damage cause by the use of combat gears if they comply with regulations of this Article and other relevant regulations of law. If a person uses combat gears beyond the justified force in self-defense, causes obvious damage beyond the urgent circumstances, abuses the use of combat gears for violating the lives, health, legal rights and interests of an organization or another person, he/she shall be dealt with in accordance with regulations of law.

Article 62. Responsibilities of organizations researching into, manufacturing, trading in, transporting and repairing combat gears

1. Organizations shall maintain conditions for ensuring security, order, safety, fire prevention and environmental protection during the research into, manufacture, trading, transport and repair of combat gears.

2. Producers and traders of combat gears shall only purchase, sell, export, import and repair combat gears in accordance with the licenses issued by the competent authorities.