Chương VI Luật Quản lý, sử dụng vũ khí, vật liệu nổ và công cụ hỗ trợ 2017: Tiếp nhận, thu gom, phân loại, bảo quản, thanh lý, tiêu huỷ vũ khí, vật liệu nổ và công cụ hỗ trợ

Chapter VI

RECEIPT, COLLECTION, CLASSIFICATION, MAINTENANCE, LIQUIDATION AND DESTRUCTION OF WEAPONS, EXPLOSIVES AND COMBAT GEARS

Article 63. Principles of receipt, collection, classification, maintenance, liquidation and destruction of weapons, explosives and combat gears

1. Organizations and individuals shall declare and transfer weapons, explosives and combat gears which are obtained from any source or discovered or collected to military authorities, police authorities or People’s Committee of the nearest region if they are not allowed to be equipped with or use these weapons in accordance with regulations of law.

2. The receipt, collection, classification, maintenance, liquidation and destruction of weapons, explosives and combat gears shall ensure safety and reduce impacts on the environment. Weapons, explosives and combat gears that are received and collected shall be transported by specialized vehicles or other vehicles which shall ensure the safety.

3. Weapons, explosives and combat gears shall be received and collected regularly and through campaigns.

4. Weapons, explosives and combat gears that are usable shall be put into use in accordance with regulations of law after being classified.

5. The classification, maintenance, liquidation and destruction of weapons, explosives and combat gears provided for entities under the management of the National Defense shall be stipulated by the Minister of National Defense and those provided for entities not under the management of Ministry of National Defense shall be stipulated by the Minister of Public Security.

6. People in charge of receipt, collection, classification, maintenance, liquidation and destruction of weapons, explosives and combat gears shall be trained in qualifications and provided with protective equipment to ensure safety.

Article 64. Receipt and collection of weapons, explosives and combat gears

1. Weapons, explosives and combat gears to be received and collected shall include the weapons, explosives and combat gears prescribed in Article 3 of this Law; wastes and accessories of weapons, explosives and combat gears; explosives derived from bombs, mines, grenades, ammunition, flashbangs, torpedoes, naval mines.

2. Weapons, explosives and combat gears shall be received and collected if:

a) They belong to organizations and individuals that shall not be equipped with or own these weapons as prescribed by law;

b) Weapons, explosives and combat gears involved in a case that have been dealt with in accordance with regulations of law by competent authorities or discovered and kept by the applicable authorities;

c) Organizations and individuals that are responsible for managing or owning discovered weapons, explosives and combat gears are not determined or weapons, explosives and combat gears exist after the war ends.

Article 65. Digging and searching for weapons and explosives

1. An organization or individual that wishes to dig or search for weapons and explosives shall submit an application to the People’s Committee of the district.

a) An application shall consist of an application form specifying reasons and requirements for digging or searching for weapons and explosives; copies of documents proving the use, management or execution of legal works in the place where weapons and explosives will be searched;

b) Within 5 working days from the day on which the adequate application is received, the People’s Committee of the district shall reply the applicant in writing or send a written explanation in case of disagreement.

2. After receiving permission of the People’s Committee of the district, the applicant shall request or hire the eligible organizations and units prescribed in Clause 5 of this Article to dig or search for weapons and explosives.

3. The applicant shall send a notification to the People’s Committee of the commune at least 5 days before digging or searching for weapons and explosives for cooperation in ensuring safety. The applicant shall only dig or search for weapons and explosives within the permitted scope and place.

4. If the applicant wishes to dig or search for weapons and explosives outside the permitted scope and place, an application shall be sent to the People’s Committee of the district. Within 05 working days, the People’s Committee of the district shall send a written response to the applicant or send a written explanation in case of refusal.

5. Organizations that are allowed to dig or search for weapons and explosives shall include technical units specialized in weapons and engineers affiliated to the Ministry of Defense and the Ministry of Public Security and other organizations receiving permission from the Prime Minister.

Article 66. Power to receive, collect, classify, liquidate and destroy weapons, explosives and combat gears

1. People’s Committees of communes and districts, military authorities, police authorities, military units have power to receive and collect weapons, explosives and combat gears.

2. Military authorities and police authorities of districts, local regiments or superior military units shall classify weapons, explosives and combat gears that have been received and collected

3. Supervisory authorities of the authorities prescribed in Clause 2 of this Article shall have the power to decide to liquidate weapons, explosives and combat gears.

4. Military authorities and police authorities of districts and local regiments or superior military units shall destroy weapons, explosives and combat gears.

5. Weapons, explosives and combat gears that are material evidences or involved in a case shall be handled in accordance with regulations of law on criminal procedures.

Article 67. Procedures for receiving and collecting weapons, explosives and combat gears

1. Procedures for receiving weapons, explosives and combat gears shall be specified as follows:

a) Organize the receipt of weapons, explosives and combat gears;

b) Make a record on receipt of weapons, explosives and combat gears; the receipt shall be made into 2 copies. A copy shall be kept by the transferring authority or individual and the other copy shall be kept by the receiving authority;

c) Specify sufficient information related to the receipt of weapons, explosives and combat gears shall be specified in the book of receipt and collection.

2. Procedures for collecting weapons, explosives and combat gears shall be specified as follow:

a) Organize the collection of weapons, explosives and combat gears;

b) Make a record on collection of weapons, explosives and combat gears;

c) Sufficient information about weapons, explosives and combat gears that are declared by the authorities, organizations and individuals shall be specified in the book of receipt and collection

3. If the collection of heavy weapons, bombs, mines, grenades, explosives, torpedoes, naval mines, explosives, warheads, artillery shells, artillery fuses and other types of artillery or other weapons requiring specialized techniques, the police authority or People’s Committee receiving the information shall protect and notify the military authority of the district, a local regiment or superior military unit for collection and handling within their powers.

4. If the receiving and collecting authority thinks that the weapons, explosives and combat gears have signals related to crimes, it shall notify to the competent authority for dealing with in accordance with regulations of law.

Article 68. Transfer and receipt of weapons, explosives and combat gears

1. Preparation of statistics on transfer of received and collected bombs, mines, grenades, flashbangs, torpedoes, naval mines, explosives, warheads, artillery shells, artillery fuses and other types of artillery warheads to military authorities for dealing with shall be specified as follows:

a) Police authorities and People’s Committees of communes and districts shall prepare statistics on transfer and submit them to the military authorities of districts;

b) Police authorities of provinces and affiliated units of Ministry of Public Security shall prepare statistics on transfer and submit them to the military authorities of provinces;

c) A record enclosed with a statistical table which specifies types, quantity and origins of weapons and explosives prescribed in this Clause shall be made when the weapons and explosives are transferred.

2. Specialized forces affiliated to military authorities shall take charge of transport of weapons and explosives prescribed in Clause 1 of this Article.

3. The Minister of National Defense shall provide guidance on receipt and collection of bombs, mines, grenades, flashbangs, torpedoes, naval mines, explosives, warheads, artillery shells, artillery fuses and different types of artillery warheads to military that have been received and collected or transferred by authorities and units other than military authorities.

Article 69. Maintenance of received and collected weapons, explosives and combat gears

1. Received and collected weapons, explosives and combat gears shall be maintained closely in accordance with regulations of law. Internal regulations on and plans for fire prevention shall be made. Received and collected weapons, explosives and combat gears shall not be maintained in warehouses of weapons, equipment, documents or materials of the units.

2. The Minister of National Defense shall promulgate technical regulations on warehouses used for maintaining received and collected weapons, explosives and combat gears within its power. The Minister of Ministry of Public Security shall promulgate technical regulations on warehouses used for maintaining received and collected weapons, explosives and combat gears that are not subject to management of the Ministry of National Defense.

Article 70. Procedures for classifying, liquidating and destroying weapons, explosives and combat gears

1. Weapons, explosives and combat gears that have been received and collected shall be listed and classified to determine their quality and use value for liquidation or destruction.

2. Procedures for classifying and liquidating weapons, explosives and combat gears shall be specified as follow:

a) After receiving and collecting weapons, explosives and combat gears, military authorities and police authorities of districts, local regiments or superior military units shall classify the weapons, explosives and combat gears and submit reports to their supervisory authorities which shall decide to use or destroy these weapons, explosives and combat gears;

b) After receiving the reports, the supervisory authorities shall consider and decide to use or destroy weapons, explosives and combat gears.

3. Procedures for destroying weapons, explosives and combat gears shall be specified as follow:

a) After the decision on destruction of weapons, explosives and combat gears is issued, the military or police authority of the district or a local regiment or superior military unit shall establish a council of destruction and make plans for destroying these weapons, explosives and combat gears Compositions of a council of destruction shall include the representative of the destroying authority who shall work as the Chairperson of the council; representatives of the specialized technical authority, authority in charge of state administration related to the environment of the district and People’s Committee of the commune where the place of destruction is located that shall be the council's members. Plans for destroying weapons, explosives and combat gears shall ensure safety and reduce impacts on the environment;

b) After destroying weapons, explosives and combat gears, the destroying authority shall carry out a site inspection and ensure that all weapons, explosives and combat gears shall have their functions and effects disabled. Results of destruction shall be specified in a record and confirmed by the Chairperson and members of the council.

4. If weapons and explosives pose risks to safety and are required to be treated urgently, the head of military or police authority of the district, a local regiment or a superior military unit shall decide to destroy them immediately and submit a report to its supervisory authority after completing the destruction.

Article 71. Funding for receipt, collection, classification, maintenance, liquidation and destruction of weapons, explosives and combat gears

1. Funding for receipt, collection, classification, maintenance, liquidation and destruction of weapons, explosives and combat gears shall include:

a) State budget;

b) Voluntary contributions made and funding provided by domestic and foreign organizations and individuals;

c) Other sources of funding as prescribed by law.

2. The funding for receipt, collection, classification, maintenance, liquidation and destruction of weapons, explosives and combat gears shall be managed and used in accordance with regulation of law on state budget and other relevant regulations of law.

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