Luật Quản lý, sử dụng vũ khí, vật liệu nổ và công cụ hỗ trợ 2024 số 42/2024/QH15

LAW

MANAGEMENT AND USE OF WEAPONS, EXPLOSIVE MATERIALS AND SUPPORT INSTRUMENTS

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Management and Use of Weapons, Explosive Materials and Support Instruments.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Law provides for management and use of weapons, explosive materials, explosive precursors and support instruments; principles and responsibilities of authorities, organizations and individuals for management and use of weapons, explosive materials, explosive precursors and support instruments with the aim of protecting the national security, ensuring social order and safety, safeguarding human rights and citizenship rights and serving socio - economic development.

Article 2. Definitions

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

1. “weapon” refers to any implement or equipment or a combination of implements or equipment that is fabricated and manufactured to have the ability to inflict damage or harm to human lives and health and destroy structures, including military weapons, cold weapons, sporting weapons and hunting rifles.

2. “military weapons” include:

a) Firearms, shoulder guns, rifles, light weapons, heavy weapons, ammunition for these weapons; bombs, mines, grenades, torpedoes, naval mines and other weapons included in the list promulgated by the Minister of National Defense and provided for people’s armed forces and other forces as specified in this Law;

b) Shotguns, air guns, ammunition for these types of guns on the list promulgated by the Minister of Public Security;

c) Weapons specified in point a clause 4 of this Article provided for people’s armed forces and other forces as prescribed in this Law to perform their tasks of protecting the national security, and ensuring social order and safety;

d) Hunting rifles, weapons specified in point a clause 4, weapons specified in point a clause 5 and highly lethal knives specified in clause 6 of this Article used with the intention of unlawfully killing or harming others;

dd) Basic parts of the guns specified in point a of this clause, consisting of frame, barrel, trigger, breechblock, firing pin;

e) Basic parts of the guns specified in point a of this clause, consisting of frame, trigger;

g) Other weapons with properties, effects and ability to inflict damage similar to those of the weapons specified in point a or point b of this clause, not included in the lists promulgated by the Minister of National Defense and the Minister of Public Security.

3. “hunting rifles” refer to firearms and ammunition used for these guns which are used for hunting purposes.

4. “cold weapons” include:

a) Swords, polearms, spears, daggers, bayonets, scimitars, machetes, cones, steel knuckles, maces, bows, crossbows, darts on the list promulgated by the Minister of Public Security;

b) Highly lethal knives specified in clause 6 of this Article used for the purpose of committing crimes, disrupting public order or opposing authorities and organizations in the performance of their duties and law enforcers, except for the cases specified in point d clause 2 of this Article.

5. “sporting weapons” include:

a) Air rifles, rifles using exploding bullets, air handguns, handguns using exploding bullets, sporting guns using paintballs, skeet guns and ammunition used for these types of guns on the list promulgated by the Minister of Public Security equipped and used for sports training and competition;

b) The weapons specified in point a clause 4 of this Article used for sports training and competition;

c) Basic parts of the guns specified in point a of this clause, consisting of frame, barrel, trigger, breechblock, firing pin.

6. “highly lethal knife” refers to a sharp and pointed knife on the list promulgated by the Minister of Public Security.

7. “explosive” refers to 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) Explosives which refer to chemicals or compounds produced and used for creating explosive reaction due to impacts of the stimulus;

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

8. “military explosive materials” refer to explosive materials used for national defense and security purposes.

9. “industrial explosive materials” refer to explosive materials used for economic and civil purposes on the list of industrial explosive materials permitted for production, trading and use in Vietnam promulgated by the Minister of Industry and Trade.

10. “explosive precursors” refer to dangerous chemicals directly used for producing explosives on the list of explosive precursors permitted for production, trading and use in Vietnam promulgated by the Minister of Industry and Trade.

11. “support instruments” refer to equipment or military animals used to carry out missions and provide protection, which aims to prevent and stop violators from resisting or running way; protect law enforcers and 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; devices used for spraying tear gas, asphyxiant gas, poisons, anesthetics or itching powder; smoke grenades, tear gas grenades, flashbangs; stun batons, rubber batons, metal batons; figure-8 handcuffs, spike-boards, barbed wires; armors; electric gloves, knife gloves; shields, bulletproof helmets; sonic weapons; interrogation chairs for special subjects on the list promulgated by the Minister of Public Security;

b) Military animals which refer to animals trained and used for protecting national security and ensuring social order and safety on the list promulgated by the Minister of Public Security;

c) Other weapons with properties and effects similar to those of support instruments specified in point a or point b of this clause, not included in the list promulgated by the Minister of Public Security.

12. “scraps and wastes of weapons, explosive materials and support instruments” refer to the materials discarded in the course of production; received and collected weapons, explosive materials and support instruments that have their functions and effects disabled.

13. “trading” refers to the trading of weapons, explosive materials, explosive precursors or support instruments.

14. “management” refers to research into, fabrication, production, testing, trading, equipment, export, import, transport, repair and preservation of weapons, explosive materials, explosive precursors and support instruments.

Article 3. Principles of management and use of weapons, explosives, explosive precursors and support instruments

1. The Constitution and laws of the Socialist Republic of Vietnam, treaties to which the Socialist Republic of Vietnam is a signatory and relevant treaties shall be complied with.

2. Weapons, explosive materials and support instruments shall be provided intra vires and to eligible persons in accordance with standards and technical regulations.

3. Authorities, organizations, enterprises and individuals managing and using weapons, explosive materials, explosive precursors and support instruments shall satisfy all conditions as prescribed.

4. People ordering or deciding the use of weapons, explosive materials, explosive materials precursors and combat gears shall be responsible for their orders and decisions as prescribed.

5. Weapons, explosive materials, explosive materials precursors and support instruments shall be used in accordance with regulations and in a manner as to minimize damage to human lives and health, property and the environment.

6. The research into, fabrication, production, testing, trading, equipment, export, import, transport, repair and preservation of weapons, explosive materials, explosive precursors and support instruments must be licensed by competent authorities or permitted by competent persons, ensuring the proper management, security, safety and environmental protection.

7. Weapons, explosive materials, explosive precursors and support instruments must undergo inspection, stocktaking and quality assessment on a periodic basis; where an authority, organization or enterprise obviates the need for use of the weapons, explosive materials or support instruments which become expired or damaged so that they are no longer usable, such must be recalled, liquidated or destroyed according to regulations, ensuring security, safety and environmental protection.

8. Any loss of weapons, explosive materials, explosive precursors, support instruments, licenses and certificates shall be notified promptly to competent authorities.

9. Weapons, explosive materials, explosive precursors and support instruments shall be tested, inspected, assessed and registered in accordance with regulations of law on management of quality of products and goods before they are produced, traded and used in Vietnam.

Article 4. Prohibited acts during management and use of weapons, explosives, explosive precursors and support instruments

1. Personal possession of weapons, explosive materials and support instruments, except for the weapons prescribed in point a clause 4 Article 2 of this Law used as artifacts for display or exhibition or as heirlooms.

2. Illegal research into, fabrication, production, trading, export, import, storage, transport, repair, modification or use, or appropriation of military weapons, sporting weapons, cold weapons, explosive materials, explosive precursors and support instruments.

3. Research into, fabrication, production, trading, export, import, storage, transport, repair, modification, use or appropriation of hunting rifles.

4. Illegal transport or bringing of weapons, explosive materials, explosive precursors and support instruments into or out of the territory of the Socialist Republic of Vietnam or prohibited places, prohibited areas, protected areas, protected targets and public places.

5. Taking advantage of or misusing the management and use of weapons, explosive materials, explosive precursors and support instruments to violate national security, social order and safety, human lives and health, property, legitimate rights and interests of authorities, organizations and individuals.

6. Taking advantage of or misusing the performance of tasks of preventing and combating violations of laws related to weapons, explosive materials and support instruments to harass and infringe upon the interests of the State, infringe upon legitimate rights and interests or obstruct normal activities of organizations or individuals.

7. Destruction or intentional infliction of damage to provided weapons, explosive materials, explosive precursors and support instruments.

8. Provision of weapons, explosive materials, explosive precursors and support instruments to unqualified authorities, organizations, enterprises and individuals.

9. Exchanging, gifting, receiving, providing as aid, sending, borrowing, lending, leasing, leasing out or mortgaging weapons, explosive materials, explosive precursors and support instruments, except for the following cases:

a) Foreign organizations, enterprises or individuals gift weapons or support instruments or provide them as aid to domestic authorities, organizations, enterprises or individuals to serve the purposes of research, fabrication, production, equipment, use, display or exhibition as prescribed by this Law;

b) Cold weapons are exchanged, gifted, received, sent, borrowed, lent, leased or leased out as artifacts for display or exhibition or as heirlooms;

c) Competent authorities grant permission.

10. Transport, preservation or destruction of weapons, explosive materials, explosive precursors and support instruments in a manner that fails to ensure safety or affect the environment.

11. Appropriating, trading, exchanging, gifting, borrowing, lending, leasing, leasing out, mortgaging, forging, correcting or erasing licenses and certificates related to weapons, explosive materials, explosive precursors and support instruments.

12. Illegally appropriating, trading, exchanging, gifting, sending, borrowing, lending, leasing, leasing out or mortgaging scraps and wastes weapons, explosive materials and support instruments.

13. Illegal provision of instructions on and training in methods for fabricating, producing, repairing or using weapons, explosive materials, explosive precursors and support instruments or advertising weapons, explosive materials, explosive precursors and support instruments in any shape or form.

14. Concealment of, failure to denounce or provision of assistance in the illegal fabrication, production, trading, export, import, storage, transport, repair, modification or destruction of weapons, explosive materials, explosive precursors and support instruments.

15. Searching for or collecting weapons, explosive materials, support instruments, scraps and wastes of weapons, explosive materials and support instruments.

16. Intentional provision of false information on management of weapons, explosive materials, explosive precursors and support instruments; failure to report, concealment or falsification of information on the loss, accidents and incidents related to weapons, explosive materials, explosive precursors and support instruments.

Article 5. Responsibilities of heads of authorities, organizations and enterprises permitted to use weapons, explosives, explosive precursors and support instruments

1. Provide directions on, organize the implementation of and take responsibility for management and use of weapons, explosive materials, explosive precursors and support instruments.

2. Only provide weapons, explosive materials and support instruments for persons fully satisfying the conditions prescribed in clause 1 Article 6 of this Law.

3. Assign persons who fully satisfy the conditions prescribed in clause 1 or 2 Article 7 of this Law to manage warehouses and places for keeping weapons, explosive materials, explosive precursors or support instruments.

4. Arrange warehouses and places for keeping weapons, explosive materials, explosive precursors and support instruments as prescribed in clause 2 Article 8 of this Law.

Article 6. Conditions to be satisfied by and responsibilities of persons assigned to use weapons, explosives and support instruments

1. Any person assigned to use a weapon, explosive or support instrument shall fully satisfy the following conditions:

a) He/She has full capacity for civil acts;

b) He/She has a good moral character and is physically fit for his/her assigned tasks;

c) He/She has been trained and coached in and obtained a certificate of use of weapons, explosive materials and support instruments, except for entities of People’s Army, Vietnam Coast Guard or People's Public Security who has been trained and coached in the use of weapons, explosive materials and support instruments and are permitted to use them by competent authorities;

d) He/she is not incurring any administrative penalty or facing criminal prosecution; his/her criminal record has been expunged in case he/she is convicted according to the Court’s judgment or decision.

2. Any person assigned to use a weapon, explosive or support instrument has the responsibility to:

a) Use the weapon, explosive or support instrument in accordance with regulations;

b) Carry the certificate or license for use of such weapon, explosive or support instrument, except for entities of People’s Army, Vietnam Coast Guard or People's Public Security;

c) Preserve the weapon, explosive or support instrument in accordance with regimes and procedures to ensure safety and prevent loss or damage;

d) Return the weapon, explosive or support instrument and his/her license to the person responsible for management and preservation when his/her mission is completed or the time limit for his/her mission has expired.

3. The Government shall elaborate on the training and coaching in and issuance of certificates of use of weapons, explosive materials and support instruments.

Article 7. Conditions to be satisfied by and responsibilities of persons assigned to manage warehouses and places for keeping weapons, explosives, explosive precursors or support instruments

1. Any person assigned to manage a warehouse or place for keeping weapons, military explosive materials and support instruments shall fully satisfy the following conditions:

a) He/She has full capacity for civil acts;

b) He/She has a good moral character and is physically fit for his/her assigned tasks;

c) He/She is not incurring any administrative penalty or facing criminal prosecution; his/her criminal record has been expunged in case he/she is convicted according to the Court’s judgment or decision.

d) He/She has been trained in and obtained a certificate of management of warehouses and places for keeping weapons, military explosive materials and support instruments and a certificate of professional training in fire prevention and fighting; is tasked with managing the warehouse or place for keeping weapons, military explosive materials and support instruments;

dd) He/she thoroughly understands internal regulations on and regimes for management and maintenance of warehouses and places for keeping weapons, military explosive materials and support instruments.

2. Any person assigned to manage warehouses and places for keeping industrial explosive materials and explosive precursors shall fully satisfy the following conditions:

a) He/She shall meet the conditions set out in points a, b and c clause 1 of this Article;

b) He/she has been trained in and obtained a certificate of training in safe techniques for industrial explosive materials and explosive precursors and a certificate of professional training in fire prevention and fighting;

c) He/she thoroughly understands internal regulations on and regimes for management and maintenance of warehouses and places for keeping industrial explosive materials and explosive precursors.

3. Any person assigned to manage warehouses and places for keeping weapons, explosive materials, explosive precursors and support instruments shall follow regimes and procedures to ensure safety and prevent loss or damage.

4. The Government shall elaborate on the training in and issuance of certificates of management of warehouses and places for keeping weapons, military explosive materials and support instruments and certificates of training in safe techniques for industrial explosive materials and explosive precursors.

Article 8. Management and preservation of weapons, explosives, explosive precursors and support instruments

1. The management and preservation of weapons, explosive materials, explosive precursors and support instruments shall follow regimes and procedures to ensure safety and prevent loss or damage.

2. Warehouses and places for keeping weapons, explosive materials, explosive precursors and support instruments shall ensure safety of human lives and health, and property; fire prevention and fighting; environmental protection.

Warehouses of weapons, explosive materials, explosive precursors and support instruments shall be designed and built in accordance with standards and technical regulations.

3. The Government shall elaborate this Article.

Article 9. Cases of recall of weapons, military explosive materials and support instruments and revocation of licenses for and certificates of management and use of weapons, explosives, explosive precursors and support instruments

1. Weapons, military explosive materials or support instruments provided to an authority, organization or enterprise shall be recalled in the following cases:

a) The authority, organization or enterprise is dissolved or obviates the need for use of the weapons, military explosive materials or support instruments;

b) The weapons, military explosive materials or support instruments are expired or damaged so that they are no longer usable;

c) The organization is not permitted to use these weapons, military explosive materials or support instruments in accordance with regulations of this Law.

2. Weapons, military explosive materials or support instruments of an organization or enterprise producing, trading in or repairing weapons, military explosive materials or support instruments shall be recalled in the following cases:

a) The organization or enterprise terminates its production, trading or repair of weapons, military explosive materials or support instruments;

b) The competent authority has revoked its license for support instrument trading.

3. A license for use of weapons, military explosive materials or support instruments shall be revoked in the following cases:

a) In the case specified in clause 1 of this Article;

b) The weapons or support instruments are lost;

c) The license is issued ultra vires.

4. A license for support instrument trading shall be revoked in the following cases:

a) The enterprise trading in support instruments is dissolved; converted, divided, separated, consolidated or merged and no longer trades in support instruments;

b) The enterprise has not traded in support instruments for 01 year from the date on which it is issued with the trading license;

c) The enterprise is ineligible to trade in support instruments as prescribed by law.

5. A license for or certificate of management and use of industrial explosive materials or explosive precursors shall be revoked in the following cases:

a) The organization or enterprise producing, trading in, transporting or using industrial explosive materials or explosive precursors is dissolved; converted, divided, separated, consolidated or merged and no longer produces, trades in, transports or uses industrial explosive materials or explosive precursors;

b) The organization or enterprise fails to meet the conditions for production, trading, transport or use of industrial explosive materials or explosive precursors as prescribed in this Law; fails to fully satisfy or correctly implement the regulations set forth in its license or certificate;

c) The enterprise has not traded in industrial explosive materials or explosive precursors for 02 year from the date on which it is issued with the trading license.

6. Any license or certificate related to the management and use of weapons, explosive materials, explosive precursors or support instruments which is expired or damaged must be surrendered to a competent authority as prescribed in Article 10 of this Law.

Article 10. Procedures for recall of weapons, military explosive materials and support instruments and revocation of licenses for and certificates of management and use of weapons, explosives, explosive precursors and support instruments

1. Procedures for recall of weapons, military explosive materials or support instruments and revocation of the license for or certificate of management and use of weapons, explosive materials, explosive precursors or support instruments of the authority, organization or enterprise in the case specified in Article 9 of this Law are as follows:

a) It is required to submit an application form, explicitly stating the name and address of the authority, organization or enterprise; full name, personal identification number or passport number of the legal representative and the person who comes to make contact (hereinafter referred to as “contacting person”); reasons for the surrender; quantity, types, trademarks and numbers of the weapons, military explosive materials or support instruments; number of license for or certificate of management and use of weapons, explosive materials, explosive precursors or support instruments;

b) The application form specified in point a of this clause shall be submitted at the authority having power to issue licenses and certificates;

c) Within 03 working days from the date of receiving the application form, the authority having power to issue licenses and certificates must recall the weapons, military explosive materials or support instruments and revoke the license or certificate in accordance with regulations.

2. Where the authority, organization or enterprise does not apply for the surrender of the weapons, military explosive materials or support instruments or the license or certificate of management and use of weapons, explosive materials, explosive precursors or support instruments, the issuing authority shall carry out inspection, make a record, organize the recall/revocation and handling thereof as prescribed.

3. The Government shall elaborate this Article.

Article 11. Cases of bringing weapons and support instruments into and out of the territory of the Socialist Republic of Vietnam

1. A foreign authority, organization or individual is permitted to bring weapons or support instruments into or out of the territory of the Socialist Republic of Vietnam in the following cases:

a) The weapons or support instruments aim to protect foreign VIPs visiting and working in Vietnam in accordance with regulations of Law on Guard;

b) The weapons or support instruments are used for sports training and competition; making of offers, introduction of products, exhibitions, displays; used as props in cultural and artistic activities;

c) The weapons or support instruments are brought according to the programs or plans of the Ministry of National Defense or the Ministry of Public Security

2. A Vietnamese authority, organization or individual is permitted to bring weapons or support instruments into or out of the territory of the Socialist Republic of Vietnam in the following cases:

a) The weapons or support instruments aim to protect VIPs in accordance with regulations of Law on Guard;

b) The weapons or support instruments are used for sports training and competition; making of offers, introduction of products, exhibitions, displays; used as props in cultural and artistic activities;

c) The weapons or support instruments are brought according to the programs or plans of the Ministry of National Defense or the Ministry of Public Security

3. Authorities, organizations and individuals bringing weapons or support instruments into or out of the territory of the Socialist Republic of Vietnam other than those specified in clauses 1 and 2 of this Article must obtain consent from the Minister of Public Security.

Article 12. Quantity and types of weapons and support instruments permitted to be brought into and out of the territory of the Socialist Republic of Vietnam

1. An authority, organization or individual is permitted to bring up to 10 handguns enclosed with their ammunition and accessories (if any) and support instruments into or out of the territory of the Socialist Republic of Vietnam to carry out their protection mission specified in point a clause 1 or point a clause 2 Article 11 of this Law; in case of bringing more than 10 handguns or other types enclosed with their ammunition and accessories (if any), the consent from the Minister of Public Security must be obtained.

2. The competent police authority assigned by the Minister of Public Security shall decide the quantity and types of weapons and support instruments brought into or out of the territory of the Socialist Republic of Vietnam in the case specified in point a clause 1 or point a clause 2 Article 11 of this Law.

3. The Minister of National Defense and the Minister of Public Security shall decide the quantity and types of weapons and support instruments brought into or out of the territory of the Socialist Republic of Vietnam in the case specified in point c clause 1 or point c clause 2 Article 11 of this Law.

Article 13. Procedures for issuing licenses to bring weapons and support instruments into and out of the territory of the Socialist Republic of Vietnam

1. Procedures for issuing a license to bring weapons or support instruments into or out of the territory of the Socialist Republic of Vietnam in the case where the weapons or support instruments are not brought according to a program or plan of the Ministry of National Defense are as follows:

a) An application consists of an application form, which explicitly state the reasons and time limit for bringing into or out of; full name, personal identification or passport number of the person carrying the weapons or support instruments and the contacting person; types, trademarks, numbers and symbols of the weapons or support instruments; their ammunition and accessories (if any) and vehicles; border checkpoint through which the weapons or support instruments are brought into or out of the territory of the Socialist Republic of Vietnam. In the cases specified in points b and c clause 1, points b and c clause 2 and clause 3 Article 11 of this Law, a copy of the decision, program or plan of the competent authority is required;

b) The application form prescribed in point a of this clause shall be submitted at the competent police authority specified by the Minister of Public Security;

c) Within 03 working days from the date of receiving the application in full, the competent police authority shall issue the license; in case of rejecting the application, a written explanation shall be provided;

d) In the case specified in clause 3 Article 11 of this Law or in case of bringing more than 10 handguns or other types enclosed with their ammunition and accessories (if any), the police authority having power to issue the license shall report it to the Minister of Public Security for his consideration and decision.

2. Procedures for issuing a license in case of bringing weapons or support instruments into or out of the territory of the Socialist Republic of Vietnam according to a program or plan of the Ministry of National Defense shall be subject to regulations laid down by the Minister of National Defense.

Article 14. Management and use of weapons, explosives and support instruments for making of offers, introduction of products, exhibitions or displays or as props in cultural and artistic activities

1. Where the weapons or support instruments are brought into the territory the Socialist Republic of Vietnam for making of offers or introduction of products, after the expiry of the time limit for making of offers or introduction of products, the adequate quantity and types of such weapons or support instruments prescribed in the license shall be brought out of the territory of the Socialist Republic of Vietnam, except for the case specified in Article 15 of this Law.

2. Museums, performing art units and cinematographic facilities producing films are permitted to use deactivated weapons and support instruments for exhibitions and displays or use them as props in cultural and artistic activities.

If an organization wishes to use usable weapons and support instruments, and explosive materials as props in cultural and artistic activities, the Minister of Public Security will decide this issue after reaching agreement with the Ministry of Culture, Sports and Tourism for the entities not under the management of the Ministry of National Defense; the Minister of National Defense will decide the entities under its management. Usable weapons and support instruments, and explosive materials 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.

3. Procedures for issuance of a license to acquire or license to use weapons or support instruments for exhibition or display or as props in cultural and artistic activities to the entities not under the management of the Ministry of National Defense are as follows:

a) It is required to submit an application form, explicitly stating the name and address of the museum, performing art unit or cinematographic facility producing films; organization or enterprise selling the weapons or support instruments; quantity, types and trademarks of the weapons or support instruments; full name, personal identification number or passport number of the legal representative;

b) The application form prescribed in point a of this clause shall be submitted on the national public service portal or information system for handling administrative procedures of the Ministry of Public Security or by post to the competent police authority specified by the Minister of Public Security; in case of direct submission, the application form shall include full name, personal identification number or passport number of the contacting person;

c) Within 03 working days from the date of receiving the application form, the competent police authority shall issue the license to acquire or license to use weapons or support instruments; in case of rejecting the application form, a written explanation shall be provided.

4. Procedures for issuance of a license to acquire or license to use weapons or support instruments for exhibition or display or as props in cultural and artistic activities to the entities under the management of the Ministry of National Defense shall be subject to regulations of the Minister of National Defense.

5. The Government shall elaborate the power and procedures for deactivating and confirming status of weapons and support instruments used for exhibitions and displays or as props in cultural and artistic activities.

Article 15. Entities, conditions, power and procedures for receiving, managing and using weapons and support instruments gifted and provided as aid by organizations and enterprises

1. Authorities, organizations and enterprises under the Ministry of Public Security and the Ministry of National Defense that have the function of researching, fabricating or producing weapons and support instruments or authorities and organizations equipped with weapons and support instruments in accordance with the provisions of this Law are entitled to receive weapons and support instruments gifted or provided as aid by foreign organizations, enterprises and individuals.

2. The following conditions shall be satisfied upon receipt of weapons and support instruments:

a) Upon gifting weapons and support instruments or providing them as aid, foreign organizations, enterprises and individuals must comply Vietnamese laws, treaties to which the Socialist Republic of Vietnam is a signatory and relevant treaties;

b) Weapons and support instruments received must conform to Vietnamese laws and treaties to which the Socialist Republic of Vietnam is a signatory and;

c) Weapons and support instruments are only received for the purpose of research, fabrication, production, equipment, use, display or exhibition as prescribed by this Law;

d) Weapons and support instruments received must be of clear origin and conform to standards and technical regulations according to Vietnamese laws.

3. The Minister of Public Security shall decide the quantity and types of weapons and support instruments gifted or provided as aid by foreign authorities, organizations and enterprises that are not under the management of the Ministry of National Defense.

4. Procedures for receipt of weapons and support instruments by entities that are not under the management of the Ministry of National Defense are as follows:

a) It is required to submit an application form, explicitly stating the names and addresses of the authority, organization or enterprise wishing to receive the weapons or support instruments and of the foreign organization, enterprise or individual gifting the weapons or support instruments or providing them as aid; full names, personal identification number or passport number of the legal representative and the contacting person;

b) The application form prescribed in point a of this clause shall be submitted at the competent police authority specified by the Minister of Public Security;

c) Within 03 working days from the date of receiving the application form, the police authority having power to issue licenses shall receive the weapons or support instruments; in case of rejecting the application form, a written explanation shall be provided.

5. After receiving the weapons or support instruments for use, the authority, organization or enterprise that is not under the management of the Ministry of National Defense shall follow procedures for applying to the competent police authority for the license to use them or register and declare them as prescribed in Article 21, 26 or 55 of this Law.

6. Power and procedures for receipt, management and use of weapons and support instruments for the entities under the management of the Ministry of National Defense shall be subject to regulations of the Minister of National Defense.

Article 16. Assessment of weapons, explosives and support instruments

1. Authorities that have power to assess weapons and support instruments include:

a) The Forensic Science Institute 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, explosive materials and support instruments shall be gone through in accordance with regulations of the Law on Judicial Expertise

Chapter II

MANAGEMENT AND USE OF WEAPONS

Article 17. Research into, fabrication, production, trading, import and export of weapons

1. The research into, fabrication, production, repair, export and import of weapons for national defense and security purposes shall comply with regulations of Law on the National Defense and Security Industry and Industrial Mobilization and regulations of this Law.

2. Organizations and enterprises under the Ministry of National Defense are allowed to research into, fabricate and produce the weapons mentioned in points a, b and c clause 2, point a clause 4 and point a clause 5 Article 2 of this Law.

3. Organizations and enterprises under the Ministry of Public Security are allowed to research into, fabricate and produce the weapons mentioned in points b and c clause 2, point a clause 4 and point a clause 5 Article 2 of this Law.

4. Organizations and enterprises under the Ministry of Public Security and Ministry of National Defense are entitled to repair, trade in, export and import weapons.

5. After fully satisfying conditions, other organizations and enterprises may research into, fabricate, produce and repair weapons.

6. The Government shall elaborate on the trading, export and import of weapons, except for the case specified in clause 1 of this Article.

Article 18. Entities equipped with military weapons

1. The following entities are equipped with military weapons:

a) People’s Army;

b) Civil Defense Force;

c) Coast Guard;

d) People's Public Security;

dd) Cipher force;

e) Investigating authority of the People’s Supreme Procuracy;

g) Forest protection authorities, fisheries resources surveillance force;

h) Aviation security force;

i) Checkpoint customs; specialized anti-smuggling forces of the customs; counter-narcotics force of the customs.

2. The Minister of National Defense shall, according to the nature, requirements and missions, stipulate the equipment of military weapons for entities of People’s Army, Civil Defense Force, Coast Guard and cipher force under the management of the Ministry of National Defense.

3. The Minister of Public Security shall, according to the nature, requirements and missions, stipulate the equipment of military weapons for entities not under the management of the Ministry of National Defense.

Article 19. Types of military weapons provided for cipher force, investigating authority of People’s Supreme Procuracy, forest protection authorities, fisheries resources surveillance force, checkpoint customs, specialized anti-smuggling force of the customs, counter-narcotics force of the customs

1. Cipher force, investigating authority of People’s Supreme Procuracy and aviation security force shall be equipped with handguns and their ammunition.

2. Forest protection authorities, checkpoint customs, specialized anti-smuggling force of the customs and counter-narcotics force of the customs shall be equipped with handguns, submachine guns and their ammunition.

3. Fisheries resources surveillance force shall be equipped with handguns, submachine guns, light machine guns, heavy machine guns and machine guns whose diameter of barrel is up to 14.5 mm and their ammunition,

4. The equipment of military weapons other than those prescribed in clauses 1, 2 and 3 of this Article where necessary shall be decided by the Prime Minister.

Article 20. Procedures for equipping military weapons

1. Procedures for equipping entities not under the management of the Ministry of National Defense with military weapons are as follows:

a) An application shall include an application form, explicitly stating the name and address of the authority or unit wishing to be equipped with military weapons; full name, personal identification number or passport number of the legal representative and the contacting person, reasons, quantity, types and trademarks of the military weapons; written consent to the equipment of military weapons given by the leader of the Ministry or central authority;

b) The application specified in point a of this clause shall be submitted at the competent police authority specified by the Minister of Public Security;

c) Within 03 working days from the date of receiving the application in full, the competent police authority shall issue the license to acquire military weapons; in case of rejecting the application, a written explanation shall be provided;

d) The license to acquire military weapons shall be valid for a period of 60 days.

2. Procedures for equipping entities of People’s Army, Civil Defense Force, Coast Guard and cipher force under the management of the Ministry of National Defense with military weapons shall be subject to regulations of the Minister of National Defense.

Article 21. Procedures for issuing licenses to use military weapons

1. Procedures for issuing a license to use military weapons to an entity not under the management of the Ministry of National Defense are as follows:

a) An application shall include an application form, explicitly stating the name and address of the authority or unit, full name, personal identification number or passport number of the contacting person, quantity, type, country of production, trademark, number and symbol of each military weapon; a copy of the invoice or delivery note or document proving its lawful origin;

b) The license to use military weapons shall be re-issued in the cases where information about the authority or unit is changed or the license is lost or damaged.

An application form for re-issuance of the license to use military weapons shall clearly specify name and address of the authority or unit; reasons for re-issuance; quantity, type, country of production, trademark, number and symbol of each military weapon; full name, personal identification number or passport number of the contacting person. If the license to use military weapons is lost or damaged, the application form shall explicitly state the reasons for the loss or damage and handling results;

c) The application and documents set out in points a and b of this clause shall be submitted at the competent police authority specified by the Minister of Public Security;

d) Within 07 working days from the date of receiving the application in full, the competent police authority shall carry out a site inspection and issue the license to use military weapons; in case of rejecting the application, a written explanation shall be provided;

dd) The license to use military weapons shall only be issued to the authority or unit equipped with such military weapons and shall have no expiry date.

2. Procedures for issuing licenses to use military weapons to entities of People’s Army, Civil Defense Force, Coast Guard and cipher force under the management of the Ministry of National Defense shall be subject to regulations of the Minister of National Defense.

Article 22. Principles of use of military weapons

1. The use of military weapons for conducting military, national defense and national protection missions shall comply with regulations of law on national defense.

2. The use of military weapons for ensuring security and social order and safety shall adhere to the following principles:

a) The use of military weapons shall be decided according to the circumstances, nature and level of threat posed by the suspect;

b) Military weapons shall only be used if there is no measure to suppress the suspect and the suspect ignores the warning;

c) Military weapon will be used immediately if the untimely use of these military weapons jeopardizes lives and health of law enforcers or other people or causes extremely serious consequences;

d) Military weapon shall not be used in case the suspect is a woman, disabled person, child, old person or person having lost his/her capacity for civil acts unless the suspect uses weapons and/or explosive materials for attacking, resisting or threatening lives and health of law enforcers or other people;

dd) In any case, the users of military weapons shall limit the damage caused by these weapons.

3. The use of military weapons for carrying out independent missions shall comply with regulations of clause 2 of this Article and Article 23 of this Law and other relevant regulations of law.

The use of military weapons for carrying out organized missions shall obey competent persons’ orders. The persons issuing orders shall comply with regulations set forth in clause 2 of this Article and Article 23 of this Law and other relevant regulations of law and take responsibility for their decisions.

4. Persons assigned to use military weapons shall not assume responsibility for damage if they comply with regulations in clause 3 of this Article. If a person uses military weapons beyond the justified force in self-defense, causes obvious damage beyond the urgent circumstances, takes advantage of or misuses the use of military weapons for killing or harming others or infringing upon property, legitimate rights and interests of an organization or individual, he/she shall incur penalties in accordance with regulations of law.

Article 23. Cases in which gunfire is allowed to ensure security and order

1. A person carrying out an independent mission shall give warning in acts, verbal orders or warning shot before shooting at a suspect if:

a) The suspect is using weapons, explosive materials, force or other tools for attacking, resisting or threatening lives and health of law enforcers or other people;

b) The suspect is using weapons, explosive materials, force or other tools for disturbing the public order and threatening the lives, health and property of other persons;

c) The person who is being sought, arrested or detained in case of emergency or person who is kept in police custody, in temporary detention, escorted, sentenced or imprisoned is resisting and threatening the lives and health of law enforcers or other persons; the suspect is rescuing people who are subject to coercive delivery or forced escort, imprisoned or detained due to commission of serious crimes, very serious crimes or extremely serious crimes or dangerous recidivism;  

d) It is clear that the suspect is committing a serious crime, very serious crime or extremely serious crime; and

dd) The person carrying out an independent mission is allowed to shoot at a road vehicle or inland waterway vessel, except for vehicles of diplomatic missions, foreign consuls, representatives of international organizations, to stop this vehicle if the person driving this vehicle attacks or directly threatens the lives and health of law enforcers or other persons; or it is evident that the suspect is attempting to escape on the vehicle, unless there are carries persons or hostages being carried in this vehicle or it is evident that the suspect is attempting to escape on the vehicle carrying crimes, illegal weapons or explosive materials, reactionary documents, state secrets, narcotics or national treasures, unless there are carries persons or hostages being carried in this vehicle.

2. A person carrying out an independent mission is allowed to shoot at a suspect without warning if:

a) The suspect is using weapons or explosive materials to directly commit an act of terrorism, provoke a riot, kill persons or take hostages or is directly using these weapons or explosive materials for resisting the arrest immediately after committing the crime;

b) The suspect that produces, trades in, stores, transports, appropriates or organizes the illegal use of narcotics directly uses weapons or explosive materials for resisting the arrest;

c) The suspect is using weapons or explosive materials to directly attack or threaten the safety of any VIP, work of national security significance or important target provided with protection in accordance with regulations of law;

d) The suspect is using weapons, explosive materials or force to directly threaten lives and health of law enforcers or other persons;

dd) The suspect is directly robbing law enforcers of their military weapons; and

e) The person carrying out an independent mission is allowed to shoot at animals directly threatening lives and health of law enforcers or other persons;

g) The person carrying out an independent mission is allowed to prevent or disable unmanned vehicles that directly attack, threaten to attack or violate prohibited places, prohibited areas, protected areas or protected targets.

Article 24. Entities equipped with sporting weapons

1. The following entities are equipped with sporting weapons:

a) People’s Army;

b) Civil Defense Force;

c) Coast Guard;

d) People's Public Security;

dd) Sports clubs and sports training and coaching institutions that have obtained operating licenses;

e) Centers for national defense and security education;

g) Other authorities, organizations and enterprises that are established and issued with operating licenses related to sports training and competition.

2. The Minister of Public Security shall, according to the nature, requirements and missions, stipulate the equipment of sporting weapons for entities not under the management of the Ministry of National Defense after reaching agreement with the Minister of Culture, Sports and Tourism.

3. The Minister of National Defense shall, according to the nature, requirements and missions, decide the equipment of sporting weapons for entities of People’s Army, Civil Defense Force, Coast Guard, sports clubs, sports training and coaching institutions and centers for national defense and security education under the management of the Ministry of National Defense.

Article 25. Procedures for equipping sporting weapons

1. Procedures for equipping entities not under the management of the Ministry of National Defense with sporting weapons are as follows:

a) An application shall include an application form, explicitly stating the name and address of the authority, organization or enterprise wishing to be equipped with sporting weapons and full name, personal identification number or passport number of the legal representative, reasons, quantity, types and trademarks of the sporting weapons; written consent to the equipment of sporting weapons given by the competent authority specified by the Ministry of Culture, Sports and Tourism;

b) The application prescribed in point a of this clause shall be submitted on the national public service portal or information system for handling administrative procedures of the Ministry of Public Security or by post to the competent police authority specified by the Minister of Public Security; in case of direct submission, the application form shall include full name, personal identification number or passport number of the contacting person;

c) Within 03 working days from the date of receiving the application in full, the competent police authority shall issue the license to acquire sporting weapons; in case of rejecting the application, a written explanation shall be provided;

d) The license to acquire sporting weapons shall be valid for a period of 60 days.

2. Procedures for equipping entities of People’s Army, Civil Defense Force, Coast Guard, sports clubs, sports training and coaching institutions and centers for national defense and security education that are under the management of the Ministry of National Defense shall be subject to regulations laid down by the Minister of National Defense.

Article 26. Procedures for issuing licenses to use sporting weapons

1. Procedures for issuing a license to use sporting weapons to an entity not under the management of the Ministry of National Defense are as follows:

a) An application shall include an application form, explicitly stating the name and address of the authority, organization or enterprise, reasons, quantity, type, country of production, trademark, number and symbol of each sporting weapon; a copy of the invoice or delivery note or document proving its lawful origin;

b) The license to use sporting weapons shall be re-issued in the cases where information about the authority, organization or enterprise is changed or the license is lost or damaged.

An application form for re-issuance of the license to use sporting weapons shall contain name and address of the authority, organization or enterprise; reasons for re-issuance; quantity, type, country of production, trademark, number and symbol of each sporting weapon; full name, personal identification number or passport number of the contacting person. If the license to use sporting weapons is lost or damaged, the application form shall explicitly state the reasons for the loss or damage and handling results;

c) The application and documents prescribed in points a and b of this clause shall be submitted on the national public service portal or information system for handling administrative procedures of the Ministry of Public Security or by post to the competent police authority specified by the Minister of Public Security; in case of direct submission, the application form shall include full name, personal identification number or passport number of the contacting person;

d) Within 07 working days from the date of receiving the application in full, the competent police authority shall carry out a site inspection and issue the license to use sporting weapons; in case of rejecting the application, a written explanation shall be provided;

dd) The license to use sporting weapons shall only be issued to the authority, organization or enterprise equipped with such sporting weapons and shall have no expiry date.

2. Procedures for issuing licenses to use sporting weapons to the entities of People’s Army, Civil Defense Force, Coast Guard, sports clubs, sports training and coaching institutions and centers for national defense and security education that are under the management of the Ministry of National Defense shall be subject to regulations laid down by the Minister of National Defense.

Article 27. Use of sporting weapons

1. Sporting weapons shall be licensed by a competent authority and used in sports training and competition at shooting ranges or places of training or competition. The use of sporting weapons shall be warned, ensure the safety and comply with lesson plans for training, regulations on sports competition and rules of sports tournaments.

2. Sporting weapons must undergo safety inspection before, during and after training and competition.

3. Sporting weapons shall be issued to athletes, coaches, learners or members of the entities prescribed in clause 1 Article 24 of this Law for sports training and competition at shooting ranges or places of training and competition.

Article 28. Procedures for issuing licenses to purchase military weapons and sporting weapons

1. Procedures for issuing a license to purchase military weapons or sporting weapons to an organization or enterprise under the Ministry of Public Security permitted to produce and trade in military weapons or sporting weapons are as follows:

a) It is required to submit an application form, explicitly stating the names and addresses of the authority, organization or enterprise wishing to purchase the military weapons or sporting weapons and of the seller; quantity, types and trademarks of the military weapons or sporting weapons; full names, personal identification number or passport number of the legal representative and the contacting person;

b) The application form prescribed in point a of this clause shall be submitted at the competent police authority specified by the Minister of Public Security;

c) Within 03 working days from the date of receiving the application in full, the competent police authority shall issue the license to purchase military weapons or sporting weapons; in case of rejecting the application, a written explanation shall be provided;

d) The license to purchase military weapons or sporting weapons shall be valid for a period of 30 days.

2. Procedures for issuing licenses to purchase military weapons or sporting weapons to organizations and enterprises under the Ministry of National Defense permitted to produce and trade in military weapons or sporting weapons shall be subject to regulations of the Minister of National Defense.

Article 29. Transport of military weapons and sporting weapons

1. The transport of military weapons and sporting weapons shall comply with the following regulations:

a) A transport order or transport license issued by a competent authority or person is required;

b) Confidentiality and safety must be ensured;

c) Dangerous military weapons and sporting weapons shall be transported by specialized vehicles, satisfying safety, fire prevention and fighting requirements;

d) Military weapons, sporting weapons and persons must not be transported in a vehicle, except for the vehicle operator and escort;

dd) Vehicles transporting military weapons and sporting weapons must not stop or park in crowded places, residential areas, petrol filling stations or in the vicinity of works of national defense, security, economic, cultural and diplomatic significance. In case of a night rest or incident resulting in the lack of guards, the vehicle operator or escort must immediately inform the nearest military authority or police authority for cooperation and protection as may be necessary.

2. Procedures for issuing a license to transport military weapons or sporting weapons to an entity not under the management of the Ministry of National Defense are as follows:

a) An application form, explicitly stating the name and address of the authority, organization or enterprise; quantity, types, trademarks and origin; full names, personal identification number or passport number of the contacting person, the vehicle operator and the escort; transport vehicle, its license plate; time of transport, place of departure, place of arrival, route of transport;

b) The application form prescribed in point a of this clause shall be submitted at the competent police authority specified by the Minister of Public Security;

c) Within 03 working days from the date of receiving the application in full, the competent police authority shall issue the transport license; in case of rejecting the application form, a written explanation shall be provided;

d) The license to transport military weapons or sporting weapons shall be valid for a period of 30 days;

dd) If the military weapons or sporting weapons are transported using multiple vehicles of the same type during a trip, only 01 transport license shall be issued; if transported using multiple types of vehicles, 01 transport license shall be issued to each type of vehicle.

3. Procedures for issuance of orders for transporting military weapons and sporting weapons to entities under the management of the Ministry of National Defense shall comply with regulations issued by the Minister of National Defense.

Article 30. Procedures for issuing licenses to repair military weapons and sporting weapons

1. Procedures for issuing a license to repair military weapons or sporting weapons to an entity not under the management of the Ministry of National Defense are as follows:

a) It is required to submit an application form, explicitly stating the names and addresses of the authority, organization or enterprise wishing to have its military weapons or sporting weapons repaired and of the authority, organization or enterprise carrying out repair; reasons; quantity, type, trademark, number or symbol of each military weapon or sporting weapon to be repaired; time of repair; full names, personal identification number or passport number of the legal representative and the contacting person;

b) The application form prescribed in point a of this clause shall be submitted at the competent police authority specified by the Minister of Public Security;

c) Within 03 working days from the date of receiving the application in full, the competent police authority shall issue the license; in case of rejecting the application, a written explanation shall be provided.

2. The repair of military weapons and sporting weapons for the entities under the management of the Ministry of National Defense shall comply with regulations issued by the Minister of National Defense.

Article 31. Declaring cold weapons used as artifacts for display or exhibition or as heirlooms

1. Any owner of the cold weapons specified in point a clause 4 Article 2 of this Law which are used as artifacts for display or exhibition or as heirlooms shall make declaration.

2. Procedures for declaring a cold weapon used as an artifact for display or exhibition or as an heirloom are as follows:

a) The declaration dossier shall include a declaration, explicitly stating full name, personal identification number or passport number of the applicant, reasons for declaration, quantity, type, trademark, number and symbol of the cold weapon; a copy of the document proving its origin (if any);

b) The dossier prescribed in point a of this clause shall be submitted on the national public service portal or information system for handling administrative procedures of the Ministry of Public Security or at the police of the commune, ward or commune-level town where the owner's head office is located or the owner resides;

c) Within 03 working days from the date of receiving a sufficient dossier, the police of the commune, ward or commune-level town shall issue a notification confirming the weapon declaration to the owner.

Chapter III

MANAGEMENT AND USE OF EXPLOSIVES

Article 32. Research into, fabrication, production, preservation and use of military explosive materials

1. The research into, fabrication, production and preservation of military explosive materials by organizations and enterprises under the Ministry of National Defense and Ministry of Public Security shall comply with regulations of the Law on the National Defense and Security Industry and Industrial Mobilization and regulations of this Law.

2. The research into, fabrication, production or preservation of military explosive materials shall fully satisfy the following conditions:

a) The Minister of National Defense or Minister of Public Security assigns the tasks of research into, fabrication, production or preservation of military explosive materials;

b) It is required to establish a management and safe technique system through which the commander shall provide directions and assign qualified and experienced persons to take responsibility for adopting safe techniques in each department or position facing high risks of fire incidents;

c) A plan to ensure security, order, fire prevention and fighting and environmental protection shall be tailor for each research and production establishment, warehouse, loading and unloading area and vehicle. Regular fire and rescue drills shall be conducted. Warehouses of military explosive materials must be designed and constructed in accordance with regulations in clause 2 Article 8 of this Law.

3. The Minister of National Defense and Minister of Public Security shall stipulate the use of military explosive materials under their management.

Article 33. Transport of military explosive materials

1. The transport of military explosive materials shall comply with the following regulations:

a) A transport order or transport license issued by a competent authority or person is required;

b) Confidentiality and safety must be ensured;

c) Military explosive materials shall be transported by specialized vehicles in accordance with conditions for transport of military explosive materials and safety, fire prevention and fighting and environmental protection requirements;

d) Military explosive materials and persons must not be transported in a vehicle, except for the vehicle operator and escort;

dd) Vehicles transporting military explosive materials must not stop or park in crowded places, residential areas, petrol filling stations or in the vicinity of works of national defense, security, economic, cultural and diplomatic significance. In case of a night rest or incident resulting in the lack of guards, the vehicle operator or escort must immediately inform the nearest military authority or police authority for cooperation and protection as may be necessary.

2. Procedures for issuing a license to transport military explosive materials to an entity not under the management of the Ministry of National Defense are as follows:

a) An application form, explicitly stating the name and address of the authority, organization or enterprise; reasons; weight of military explosive materials to be transported; full names, personal identification number or passport number of the contacting person, the vehicle operator and the escort; transport vehicle, its license plate; time of transport, place of departure, place of arrival, route of transport;

b) The application form prescribed in point a of this clause shall be submitted at the competent police authority specified by the Minister of Public Security;

c) Within 03 working days from the date of receiving the application in full, the competent police authority shall issue the transport license; in case of rejecting the application form, a written explanation shall be provided;

d) The license to transport military explosive materials shall be valid for a period of 30 days;

dd) If the military explosive materials are transported using multiple vehicles of the same type during a trip, only 01 transport license shall be issued; if transported using multiple types of vehicles, 01 transport license shall be issued to each type of vehicle.

3. Procedures for issuance of orders for transporting military explosive materials to entities under the management of the Ministry of National Defense shall comply with regulations issued by the Minister of National Defense.

Article 34. Research into, production, trading, import and export of industrial explosive materials

1. The research into industrial explosive materials shall comply with the following regulations:

a) Industrial explosive materials shall be researched, developed and tested by science and technology organizations or producers of industrial explosive materials on the basis of science and technology tasks organized in the form of research programs, themes, projects and tasks according to functions of the science and technology organizations and in other forms in accordance with regulations of law on science and technology;

b) Production of industrial explosive materials or transfer of technology for industrial production shall be carried out in establishments producing industrial explosive materials that satisfy the conditions prescribed by law and possess licenses issued by competent authorities.

2. The production of industrial explosive materials shall comply with the following regulations:

a) The producer of industrial explosive materials shall be a state-owned enterprise or wholly state-owned enterprise that is assigned tasks by the Prime Minister at the request of the Minister of Industry and Trade, Minister of Public Security or Minister of National Defense;

b) The producer of industrial explosive materials shall maintain security and order; managers, employees and attendants directly engaged in the production of industrial explosive materials shall have appropriate qualifications and undergo training in safe techniques for industrial explosive materials and professional training in fire prevention and fighting and response to incidents in activities related to production of industrial explosive materials;

c) Appropriate measuring equipment shall be sufficient to be used for inspecting and supervising technical parameters and inspecting quality of materials and finished products in the production process. Separate and safe areas for testing shall be provided as prescribed in standards and technical regulations;

d) Industrial explosive materials shall be classified and labeled in accordance with regulations of law;

dd) Producers of industrial explosive materials shall only purchase explosive materials for the purpose of research into and production of explosives and explosive accessories; sell right types of products to traders of industrial explosive materials.

3. The trading in industrial explosive materials shall comply with the following regulations:

a) The trader of industrial explosive materials shall be a state-owned enterprise or wholly state-owned enterprise that is assigned tasks by the Prime Minister at the request of the Minister of Industry and Trade, Minister of Public Security or Minister of National Defense;

b) Places of warehouses, terminals, loading and unloading areas of industrial explosive materials shall satisfy conditions for security and order; maintain a safe distance from works and objects to be protected;

c) Warehouses, equipment for loading and unloading industrial explosive materials, equipment and tools in service of trading in industrial explosive materials shall be designed and constructed in an appropriate manner, satisfying requirements for preservation and transport of industrial explosive materials, fire prevention and fighting; in the absence of any warehouse or vehicle, a written lease contract with an organization or enterprise allowed to preserve and transport industrial explosive materials is required;

d) The trader of industrial explosive materials shall maintain security and order; managers, employees and attendants directly engaged in the trading in industrial explosive materials shall have appropriate qualifications and undergo training in safe techniques for industrial explosive materials and professional training in fire prevention and fighting and response to incidents in activities related to trading in industrial explosive materials;

dd) The trader of industrial explosive materials shall only trade in the industrial explosive materials included in the list of industrial explosive materials permitted for production, trading and use in Vietnam; is entitled to purchase industrial explosive materials from organizations and enterprises allowed to use industrial explosive materials but do not fully use them. The trading shall strictly comply the regulations enshrined in the trading license.

4. Industrial explosive materials shall be exported or imported as follows:

a) Any enterprise permitted to trade in industrial explosive materials is also permitted to export or import industrial explosive materials;

b) Industrial explosive materials shall only be exported or imported in the presence of a license to export or import industrial explosive materials issued by the competent authority affiliated to the Ministry of Industry and Trade;

c) The trust for import of industrial explosive materials shall only be established between the organization or enterprise permitted to produce or trade in the industrial explosive materials or the organization or enterprise permitted to use the industrial explosive materials and the enterprises permitted to trade in the industrial explosive materials.

5. The Minister of Industry and Trade shall specify the documentation and procedures for registration or additional registration of industrial explosive materials for research, development, testing, assessment and recognition of results of registration of industrial explosive materials in the stage of research, development, testing and production or industrial explosive materials imported into Vietnam for the first time in the list of industrial explosive materials permitted for production, trading and use in Vietnam.

6. The Government shall prescribe qualifications; training in safe techniques for industrial explosive materials and response to incidents related to production and trading of industrial explosive materials.

Article 35. Procedures for issuing certificates of eligibility for producing industrial explosive materials

1. An application for issuance of a certificate of eligibility for producing industrial explosive materials shall consist of:

a) It is required to submit an application form, explicitly stating the name and address of the organization or enterprise; reasons; full name, address, personal identification number or passport number of the legal representative; number of the decision on establishment of the organization or enterprise or number of enterprise registration certificate; number of certificate of satisfaction of security and order conditions; number of the decision issued by the Minister of Industry and Trade to recognize result of registration industrial explosive materials and inclusion of these industrial explosive materials in the list of industrial explosive materials permitted for production, trading and use in Vietnam in respect of new industrial explosive materials produced and used in Vietnam; number of the environmental license. For the organization or enterprise under the Ministry of National Defense, an application form of the Ministry of National Defense or the authority tasked with managing industrial explosive materials by the Ministry of National Defense is required;

b) A copy of the written assignment of production of industrial explosive materials issued by the Prime Minister, except where the organization or individual has been granted permission for research into, development and testing of industrial explosive materials as prescribed in clause 1 Article 34 of this Law;

c) A copy of the decision on approval for project on constructing works for production of industrial explosive materials in accordance with regulations of law on construction investment and management;

d) A copy of the certificate of assessment of equipment subject to strict requirements for occupational safety and measuring equipment, testing results of technical criteria for explosive materials;

dd) Documents proving the assurance about product safety and quality, layout and technology lines; electrical and lightning protection systems; results of acceptance of construction works.

2. Where an organization or enterprise that is producing industrial explosive materials applies for the change of its name without any change in production conditions, it shall submit an application for adjustment of the certificate of eligibility for producing industrial explosive materials. The application is composed of an application form; a copy of the decision to grant permission for change of the organization’s or enterprise’s name.

3. If a producer of industrial explosive materials improves and upgrades its infrastructure and equipment used for producing industrial explosive materials without decrease in the requirements for premises, technology and conditions for fire and explosion prevention and safe techniques of licensed technology lines prescribed in standards and technical regulations, it shall, after the improvement and upgradation, submit an application form for re-issuance of the certificate of eligibility for producing industrial explosive materials, which contains results of improvement and upgradation of its infrastructure and equipment for production of industrial explosive materials.

4. If a producer of industrial explosive materials is involved in an incident resulting in damage to its production line, it shall, after obtaining the result of investigation into this incident and restoring the production line, prepare a technical dossier on the repair and restoration and submit an application form for re-issuance of the certificate of eligibility for producing industrial explosive materials, which contains results of repair and restoration of the production line.

5. The application and documents prescribed in clauses 1, 2, 3 and 4 of this Article shall be submitted on the national public service portal or information system for handling administrative procedures of the Ministry of Industry and Trade or by post to the competent authority specified by the Minister of Industry and Trade; in case of direct submission, the application form shall include full name, personal identification number or passport number of the contacting person;

6. Within 05 working days from the date of receiving the application in full, the competent authority shall examine it, carry out a site inspection and issue the certificate of eligibility for producing industrial explosive materials; in case of rejecting the application, a written explanation shall be provided.

Article 36. Procedures for issuing licenses to trade in industrial explosive materials

1. An application for issuance of a license to trade in industrial explosive materials shall consist of:

a) It is required to submit an application form, explicitly stating the name and address of the enterprise; reasons; full name, personal identification number or passport number of the legal representative; number of the decision on establishment of the enterprise or number of enterprise registration certificate; number of certificate of satisfaction of security and order conditions; list of leaders and managers directly involved in the preservation, transport and trading of industrial explosive materials; number of the certificate of standards, measurement and measuring quality (if any) issued to the facility experimenting on industrial explosive materials by the regulatory body. For the enterprise under the Ministry of National Defense, an application form of the Ministry of National Defense or the authority tasked with managing industrial explosive materials by the Ministry of National Defense is required;

b) A copy of the written assignment of trading of industrial explosive materials issued by the Prime Minister.

2. Where the license to trade in industrial explosive materials is lost or damaged or the scope of trading specified therein is changed, the enterprise shall apply for re-issuance of the license. An application for re-issuance of the license to trade in industrial explosive materials is composed of a report on trading of industrial explosive materials according to the issued license and the documents mentioned in clause 1 of this Article.

3. The application prescribed in clauses 1 and 2 of this Article shall be submitted on the national public service portal or information system for handling administrative procedures of the Ministry of Industry and Trade or by post to the competent authority specified by the Minister of Industry and Trade; in case of direct submission, the application form shall include full name, personal identification number or passport number of the contacting person.

4. Within 05 working days from the date of receiving the application in full, the competent authority shall examine it, carry out a site inspection and issue the license to trade in industrial explosive materials; in case of rejecting the application, a written explanation shall be provided.

Article 37. Procedures for issuing licenses to export or import industrial explosive materials

1. An application for issuance of a license to export or import industrial explosive materials shall consist of:

a) An application form, explicitly stating the name and address of the enterprise; number of the trading license; reasons; quantity, types and country of production; border checkpoint; transport vehicle, time of transport; name, personal identification number or passport number of the legal representative;

b) A copy of the contract for purchase and sale of industrial explosive materials signed with the foreign enterprise; contract for purchase and sale of industrial explosive materials signed with the foreign enterprise signed with the domestic enterprise.

2. The application prescribed in clause 1 of this Article shall be submitted on the national public service portal or information system for handling administrative procedures of the Ministry of Industry and Trade or by post to the competent authority specified by the Minister of Industry and Trade; in case of direct submission, the application form shall include full name, personal identification number or passport number of the contacting person.

3. Within 05 working days from the date of receiving the application in full, the competent authority shall issue the license to export or import industrial explosive materials; in case of rejecting the application, a written explanation shall be provided.

4. The license to export or import industrial explosive materials shall be valid for a period of 06 months.

Article 38. Use of industrial explosive materials

1. Any user of industrial explosive materials shall satisfy the following conditions:

a) It is established in accordance with regulations of law, has obtained an enterprise registration certificate or registered its business lines or industries involving industrial explosive materials;

b) The industrial explosive materials need to be used for its mineral exploration and mining, oil and gas exploration and production; construction of works, research and testing; handling of incidents, recovery from disasters or performance of tasks assigned by competent authorities as prescribed by law;

c) Warehouses, technology, equipment, vehicles and tools which satisfy standards and technical regulations shall be in place to facilitate the use of industrial explosive materials. If there is no warehouse or vehicle, a lease contract or a document stating the intention to conclude a contract with an organization or enterprise that has suitable warehouses or vehicles for preservation and transport in accordance with regulations of this Law is required;

d) Places where industrial explosive materials are used shall satisfy conditions for security, order, fire prevention and fighting, environmental hygiene; maintain a safe distance from works and objects to be protected as prescribed in standards, technical regulations and relevant regulations;

dd) The user of industrial explosive materials shall satisfy security and order conditions; managers, heads of blasting operations, blasters and persons directly engaged in the use of industrial explosive materials shall have appropriate qualifications and undergo training in safe techniques for industrial explosive materials and professional training in fire prevention and fighting and response to incidents in activities related to the use of industrial explosive materials;

e) The volume of explosives used in a quarter is 500 kilograms or more unless the explosives are used for the geological testing, survey and assessment and extraction of stone slabs.

2. Any user of industrial explosive materials shall comply with the following regulations:

a) The user shall only purchase the industrial explosive materials included in the list of industrial explosive materials permitted for production, trading and use in Vietnam, except for traders of industrial explosive materials;

b) Industrial explosive materials which are redundant or no longer needed shall be sold to traders of industrial explosive materials or destroyed according to regulations imposed by the Minister of Industry and Trade;

c) The head of blasting operations shall be appointed; standards and technical regulations on safety in the use of industrial explosive materials upon blasting;

d) It is required to formulate a blasting plan appropriate to the production scale and natural and social conditions of the place of blasting. The blasting plan shall specify measures for ensuring safety, protecting and guarding areas of blasting from illegal penetration; procedures for giving warnings and starting the blasting process; procedures for preserving explosive materials and supervising the consumption and destruction of industrial explosive materials at places of blasting and other contents as prescribed in standards and technical regulations.

In case the blasting is carried out in residential areas, health facilities, areas where historical and cultural sites/monuments exists, natural reserves, works of security and national defense, other works of national significance or other protected areas in accordance with regulations of law, the blasting plan shall be approved by the authority issuing licenses to use industrial explosive materials and obtain a written permission from the People’s Committee of the province or the regulatory authority on the basis of monitoring and assessing impacts of blasting on works and objects to be protected within the affected area of the blast;

dd) The organization or enterprise issued with the license to use industrial explosive materials by the Ministry of Industry and Trade or Ministry of National Defense shall notify the provincial People’s Committee in writing at least 10 days before the activities specified in its license are carried out.

3. The Government shall prescribe qualifications; training in safe techniques in the use of industrial explosive materials.

Article 39. Procedures for issuing licenses to use industrial explosive materials

1. An application for issuance of a license to use industrial explosive materials to an organization or enterprise not under the management of the Ministry of National Defense shall consist of:

a) An application form, explicitly stating the name and address of the organization or enterprise; reasons; quantity, types; full name, personal identification number or passport number of the legal representative; number of the decision on establishment of the organization or enterprise or number of enterprise registration certificate; number of certificate of satisfaction of security and order conditions;

b) A copy of the mineral exploration and mining license or gas and oil exploration and production license applicable to the enterprise operating in the areas of minerals or gas and oil; a copy of the decision on winning the construction contract, a copy of the contract for undertaking contract package or a document authorizing or assigning execution of the construction contract issued by the organization managing the enterprise, a document issued by the competent authority stating that the industrial explosive materials need to be used to perform the assigned tasks.

c) Designs and construction drawings of work items, mining designs or mineral exploration project involving industrial explosive materials in the case of  industrial-scale works; construction and mining plan in the case of manual construction or mining activities. Designs or plans approved by the investor shall satisfy safety conditions prescribed in standards and technical regulations;

d) The blasting plan approved by the leader of the organization or enterprise.

In case the blasting is carried out in residential areas, health facilities, areas where historical and cultural sites/monuments exists, natural reserves, works of security and national defense, other works of national significance or other protected areas in accordance with regulations of law, the written approval of the blasting plan from the authority issuing licenses to use industrial explosive materials and written consent to the blasting plan from the provincial People’s Committee or regulatory authority must be obtained;

dd) A copy of the acceptance record on fire prevention and fighting in industrial explosive material warehouses and safety conditions prescribed in standards and technical regulations;

e) Where the applicant for the license to use industrial explosive materials has no warehouses or transport vehicles, the application must include a document specifying its intention to conclude a contract for hiring warehouses or transport vehicles with an organization owning warehouses or transport vehicles that satisfy preservation and transport conditions as prescribed by this Law;

g) The decision on appointment of head of blasting operations issued by the organization’s or enterprise’s leader and the list of blasters and persons directly involved in the use of industrial explosive materials; work permits of foreign employees involved in the use of industrial explosive materials (if any); copies of professional certificates and certificates of training in safe techniques for use of industrial explosive materials of the head of blasting operations and blasters;

2. Where the license to use industrial explosive materials is lost, damaged or expired and there is no change to the scope of operation, the organization or enterprise shall apply for re-issuance of the license. An application includes the application form mentioned in point a clause 1 of this Article; a report on the use of industrial explosive materials within the effective period of the issued license.

3. Where there is a change to the scope of operation or conditions for use of industrial explosive materials, the organization or enterprise shall apply for adjustment of the license to use industrial explosive materials. An application includes a report on the use of industrial explosive materials within the effective period of the issued license and the documents specified in clause 1 of this Article proving the change to the scope of operation or conditions for use of industrial explosive materials.

4. If the organization or enterprise satisfies the conditions prescribed in points b and dd clause 1 Article 38 of this Law but does not carry out blasting itself, it may sign a contract with a blasting service provider.

5. The applications prescribed in clauses 1, 2 and 3 of this Article shall be submitted on the national public service portal or information system for handling administrative procedures of the Ministry of Industry and Trade or by post to the competent authority specified by the Minister of Industry and Trade; in case of direct submission, the application form shall include full name, personal identification number or passport number of the contacting person.

6. Within 05 working days from the date of receiving the application in full, the competent authority shall examine it, carry out a site inspection and issue the license to use industrial explosive materials; in case of rejecting the application, a written explanation shall be provided.

7. The effective period of a license to use industrial explosive materials shall be the same as that of the mineral exploration license but not exceed 04 years; as that of the mineral mining license but not exceed 05 years; based on the construction period in the case where industrial explosive materials are used for construction of works, testing or oil and gas-related activities and other activities assigned by the competent authority but not exceed 02 years.

8. Procedures for issuing licenses to use industrial explosive materials to organizations and enterprises under the management of the Ministry of National Defense shall comply with regulations issued by the Minister of National Defense.

Article 40. Blasting services

1. Forms of and requirements for blasting services are as follows:

a) Blasting service means the use of industrial explosive materials for execution of a blasting contract between a blasting service provider and an organization or individual in need of such service as prescribed by this law. Blasting services include local blasting services on the mainland of a province or central-affiliated city; blasting services on the continental shelf; blasting services in the entire territory of the Socialist Republic of Vietnam;

b) Quantity, operating scope and scale of the blasting service provider shall be appropriate to the tasks and needs of concentrated construction, mineral extraction activities and particular socio-economic conditions of each locality;

c) The regulatory authority in charge of industrial explosive materials shall appoint and compel an entity to provide blasting services in areas and places subject to specific requirements for security, social order and safety.

2. Conditions to be satisfied by, rights and obligations of a blasting service provider are as follows:

a) The provider is established in accordance with regulations of law and has registered its blasting services as a business line; if the provider operates in the whole territory of the Socialist Republic of Vietnam, it shall be a state-owned enterprise or a wholly state-owned enterprise;

b) The provider is eligible for using, preserving and transporting explosive materials in accordance with regulations of this Law. Its infrastructure, techniques and personnel are enough to provide blasting services to service hirers;

c) The provider has rights and responsibilities prescribed in this Law and other relevant regulations of law when using, preserving and transporting industrial explosive materials to provide blasting services.

3. A hirer of blasting services has the following rights and responsibilities:

a) The hirer is not required to obtain the license for the industrial explosive material-activities for which blasting services have been hired;

b) It is permitted to hire up to 02 enterprises having the blasting license to provide one type of blasting service in an area where the blasting needs to be carried out and a written agreement on the permissible scope of the blasting service and safe blasting method between the hirer and the blasting service provider must be reached with the participation of the representative of the authority managing industrial explosive materials in the locality where the service is used;

c) When preserving, transporting and using industrial explosive materials, the hirer shall be subject to the management by the blasting service provider in specific activities;

d) The hirer shall cooperate with and assist the blasting service provider in issues concerning security and safety in industrial explosive material-related activities.

4. An application for issuance of a blasting service license shall consist of:

a) An application form, explicitly stating the name and address of the organization or enterprise; reasons; full name, personal identification number or passport number of the legal representative; number of the decision on establishment of the organization or number of enterprise registration certificate; number of certificate of satisfaction of security and order conditions. For the enterprise under the Ministry of National Defense, an application form of the Ministry of National Defense or the authority tasked with managing industrial explosive materials by the Ministry of National Defense is required;

b) An application form for issuance of blasting service license submitted by the provincial People’s Committee in the case of a local blasting service on the mainland of a province or central-affiliated city; application form for issuance of blasting service license submitted by the competent authority specified by the Minister of Industry and Trade in the case of a blasting service on the continental shelf or blasting service in the entire territory of the Socialist Republic of Vietnam;

c) A blasting service project which specifies objectives, scale, scope, conformity with the planning, demands for blasting services and capacity for satisfaction of these demands; necessary conditions and measures for ensuring security and safety in the provision of blasting services; a copy of the license to use industrial explosive materials or blasting service license and typical blasting plan implemented for 02 years prior to the date of applying for the blasting service license; documents prescribed in points dd, e and g clause 1 Article 39 of this Law;

d) Where the enterprise has obtained a license to trade in industrial explosive materials, the application shall exclude the documents prescribed in point b of this clause and point dd clause 1 Article 39 of this Law.

5. If the blasting service license is lost, damaged or expired, the enterprise shall apply for re-issuance of the license; if there is a change to the scope of blasting service, the enterprise shall apply for adjustment of the license. An application includes an application form for re-issuance or adjustment of the blasting service license; a report on the provision of blasting services within the effective period of the previously issued license.

6. The applications prescribed in clauses 4 and 5 of this Article shall be submitted on the national public service portal or information system for handling administrative procedures of the Ministry of Industry and Trade or by post to the competent authority specified by the Minister of Industry and Trade; in case of direct submission, the application form shall include full name, personal identification number or passport number of the contacting person.

7. Within 05 working days from the date of receiving the application in full, the competent authority shall examine it, carry out a site inspection and issue the blasting service license; in case of rejecting the application, a written explanation shall be provided.

8. The blasting service license shall be valid for a period of 02 years.

9. Any enterprise issued with the blasting service license shall send a written notification to the People’s Committee of the province and People’s Committee of the commune where the blasting is carried out at least 10 days and 24 hours respectively before providing blasting services.

Article 41. Transport of industrial explosive materials

1. An organization or enterprise transporting industrial explosive materials shall fully satisfy the following conditions:

a) It is permitted to produce, trade in and use industrial explosive materials or has registered its goods transport as a business line;

b) Vehicles used for transporting industrial explosive materials shall satisfy all conditions prescribed in standards and technical regulations on safety in industrial explosive material-related activities; satisfy conditions for safety and fire prevention and fighting;

c) Managers, vehicle operators, escorts and attendants directly engaged in transport of industrial explosive materials must have qualifications and undergo professional training in safe techniques and fire prevention and fighting;

d) It has the license to transport industrial explosive materials; symbols showing that vehicle is transporting industrial explosive materials.

2. The transport of industrial explosive materials shall comply with the following regulations:

a) The regulations set out in the license to transport industrial explosive materials shall be complied with;

b) The condition of industrial explosive materials must be checked before departure or after stopping or parking vehicles and immediately deal with any incident that occurs;

c) There shall be a plan to ensure safe transport and fire prevention and fighting; measures for responding to emergency incidents;

d) Sufficient procedures for delivering and receiving goods and documents related to industrial explosive materials shall be followed;

dd) Industrial explosive materials and persons must not be transported in a vehicle, except for the vehicle operator and escort;

e) Vehicles transporting industrial explosive materials must not stop or park in crowded places, residential areas, petrol filling stations or in the vicinity of works of national defense, security, economic, cultural and diplomatic significance; the transport is not permitted in case of unpredictable weather.  In case of a night rest or incident resulting in the lack of guards, the vehicle operator or escort must immediately inform the nearest military authority or police authority for cooperation and protection as may be necessary.

3. Procedures for issuing a license to transport industrial explosive materials to an entity not under the management of the Ministry of National Defense are as follows:

a) It is required to submit an application form, explicitly stating the name and address of the authority, organization or enterprise; full names, personal identification number or passport number of the legal representative, the vehicle operator and the escort; reasons; number of dispatch order or invoice, weight, quantity and types of industrial explosive materials to be transported; place of departure, place of destination, time and route of transport; transport vehicle, its license plate; number of the driver’s license. If there is any change to information on the transport license, the applicant for adjustment of the license must prepare an application form, clearly stating the adjustments to the license;

b) The application form prescribed in point a of this clause shall be submitted on the national public service portal or information system for handling administrative procedures of the Ministry of Public Security or by post to the competent police authority specified by the Minister of Public Security; in case of direct submission, the application form must include full name, personal identification number or passport number of the contacting person;

c) Within 03 working days from the date of receiving the application in full, the competent police authority shall issue or adjust the transport license; in case of rejecting the application form, a written explanation shall be provided;

d) The license to transport industrial explosive materials shall be valid for a period of 30 days and for a single shipment only; in case the quantity of industrial explosive materials specified in the transport license is not used up, the user and the transporter must make a record confirming the remaining quantity of industrial explosive materials and use the issued transport license to transport back to the supplier’s or user’s warehouse. After completing the transport, the authority issuing the transport license must be informed in writing.

4. If the industrial explosive materials are transported using multiple vehicles of the same type during a trip, only 01 transport license shall be issued; if transported using multiple types of vehicles, 01 transport license shall be issued to each type of vehicle.

5. If the industrial explosive materials are transported inside a mine, a construction site or an establishment producing or preserving industrial explosive materials on the routes which do not intersect public waterways or roads, the license to transport industrial explosive materials is not required but the regulations prescribed in points b, c, d, dd and e clause 2 of this Article shall be complied.

6. As the requirements for ensuring security, social order and safety in national activities or activities in areas subject to special requirements for ensuring security and safety are laid down, the competent authority under the Ministry of Public Security shall decide to suspend the issuance of licenses to transport industrial explosive materials or suspend these licenses.

7. The Minister of National Defense shall prescribe the issuance, adjustment, revocation and suspension of issuance of orders for transport of industrial explosive materials for the state-owned organizations and enterprises under the Ministry of National Defense and enterprises holding controlling shares or contributed capital of state-owned organizations and enterprises under the Ministry of National Defense.

Article 42. Responsibilities of organizations and enterprises for management and use of industrial explosive materials

1. Each organization or enterprise managing or using industrial explosive materials has the responsibility to:

a) Obtain licenses, certificates or approvals from competent authorities;

b) Inspect safety, analyze risks to safety, formulate an emergency rescue plan, issue internal regulations, regulations on and procedures for ensuring security, safety, fire prevention and fighting and environmental protection in industrial explosive material-related activities. Each user of industrial explosive materials shall formulate a blasting plan and blasting passport;

c) Preserve and archive books and documents for each type of industrial explosive material for a period of 10 years;

d) Submit periodic and ad hoc reports.

2. Organizations and enterprises producing, trading in and using industrial explosive materials are only to sell and purchase industrial explosive materials in the weight and quantity and of the types prescribed in the licenses issued by competent authorities.

3. The Minister of Industry and Trade shall elaborate upon the assessment of safety risks, formulation of blasting plans, blasting passports, emergency rescue plans and periodic and ad hoc reporting regimes as specified in clause 1 of this Article.

Chapter IV

MANAGEMENT AND USE OF EXPLOSIVE PRECURSORS

Article 43. Research into, fabrication, production, trading, import and export of explosive precursors

1. The research into and fabrication of explosive precursors shall be carried out by science and technology organizations or producers of explosive precursors.

2. The production of explosive precursors shall satisfy the following conditions:

a) Explosive precursors shall be produced by an organization or enterprise established in accordance with regulations of law;

b) The place of production shall satisfy security and order conditions. Factories, warehouses, technologies, equipment and vehicles for production shall be designed and constructed in a manner that is appropriate for the scale and characteristics of explosive precursor materials and products; comply with requirements for safety and fire prevention and fighting, safe distance from works and objects to be protected and environmental protection in accordance with regulations of law;

c) Appropriate measuring equipment shall be sufficient to be used for inspecting and supervising technical specifications and inspecting quality of materials in the production process;

d) The producers of explosive precursors shall only produce and sell right types of explosive precursors to producers of industrial explosive materials, traders and users of explosive precursors.

3. The trading of explosive precursors shall satisfy the following conditions:

a) Explosive precursors shall be traded by an enterprise established in accordance with regulations of law;

b) Places of warehouses, terminals, loading and unloading areas of industrial explosive materials shall satisfy conditions for security and order; have necessary equipment for ensuring safety and fire and explosion prevention; maintain a safe distance from works and objects to be protected and comply with environmental protection requirements as prescribed by law; any trader that has warehouses or use warehouses of the seller or buyer or hires warehouses under a contract to contain explosive precursors shall satisfy conditions for maintenance of quality during the period of trading; tools and equipment used for containing and storing explosive precursors shall ensure quality and environmental hygiene; vehicles used for transporting explosive precursors shall comply with regulations of law on transport of dangerous goods; there must be lawful documents proving origins of place of production, place of import or place of provision of explosive precursors for trading; there must be equipment for controlling, collecting and treating hazardous wastes or contracts for transporting, treating and destroying hazardous waste as prescribed in Law on Environmental Protection;

c) Plans or measures for prevention of and response to chemical incidents shall be approved or confirmed by competent authorities in accordance with regulations of Law on Chemicals;

d) Managers and attendants directly engaged in the trading in explosive precursors must undergo training in chemical safety and professional training in fire prevention and fighting.

4. The export and import of explosives precursors shall comply with the following regulations:

a) Any organization or enterprise permitted to produce and trade in explosive precursors is also permitted to export or import explosive precursors;

b) Explosive precursors shall only be exported or imported in the presence of a license to export or import explosive precursors issued by the competent authority affiliated to the Ministry of Industry and Trade;

c) The trust for import of explosive precursors shall only be established between the organization or enterprise permitted to produce or trade in the explosive precursors or the organization or enterprise permitted to use the explosive precursors and the enterprises permitted to trade in the explosive precursors.

5. Exemption from licenses shall be granted in the following cases:

a) Licenses to trade in, export or import explosive precursors for scientific research or testing whose weight used in a year does not exceed 05 kilograms shall be exempted;

b) An organization importing explosive precursors to be used directly for production, research or testing shall obtain the license to import explosive precursors and be exempted from the license to trade in explosive precursors but it shall still satisfy the conditions for trading in explosive precursors prescribed in clause 3 of this Article;

c) If an organization that does not use completely its explosive precursors and sell the redundant explosive precursors to lawful providers of explosive precursors, it will be exempted from the license to trade in explosive precursors.

Article 44. Procedures for issuing certificates of eligibility for producing explosive precursors

1. An application for issuance of a certificate of eligibility for producing explosive precursors shall consist of:

a) An application form, explicitly stating the name and address of the organization or enterprise; reasons; full name, address, personal identification number or passport number of the legal representative; number of the decision on establishment of the organization or enterprise or number of enterprise registration certificate; number of the document on assessment, inspection and acceptance in terms of fire prevention and fighting for houses, structures for production and warehouses for preserving explosive precursors; number of the environmental license. If the applicant is a producer of explosive precursor that is ammonium nitrate whose content is at least 98.5 %, the certificate of satisfaction of security and order conditions is required;

b) A copy of the decision on approval for project on constructing works for production of explosive precursors in accordance with regulations of law on construction investment and management.

2. Where an organization or enterprise that is producing explosive precursors applies for the change of its name without any change in production conditions, it shall submit an application for adjustment of the certificate of eligibility for producing explosive precursors. The application is composed of an application form; a copy of the decision to grant permission for change of the organization’s or enterprise’s name and a copy of the certificate of satisfaction of security and order conditions issued by a competent police authority if the applicant is a producer of explosive precursor that is ammonium nitrate whose content is at least 98.5 %.

3. If a producer of explosive precursors improves and upgrades its infrastructure and equipment used for producing explosive precursors without decrease in the requirements for premises, technology and conditions for fire and explosion prevention and safe techniques of licensed technology lines prescribed in standards and technical regulations, it shall, after the improvement and upgradation, submit an application form for issuance of the certificate of eligibility for producing explosive precursors, which contains results of improvement and upgradation of its infrastructure and equipment for production of explosive precursors.

4. If a producer of explosive precursors is involved in an incident resulting in damage to its production line, it shall, after obtaining the result of investigation into this incident and restoring the production line, prepare a technical dossier on the repair and restoration and submit an application form for issuance of the certificate of eligibility for producing explosive precursors, which contains results of repair and restoration of the production line.

5. The applications and documents prescribed in clauses 1, 2, 3 and 4 of this Article shall be submitted on the national public service portal or information system for handling administrative procedures of the Ministry of Industry and Trade or by post to the competent authority specified by the Minister of Industry and Trade; in case of direct submission, the application form shall include full name, personal identification number or passport number of the contacting person.

6. Within 05 working days from the date of receiving the application in full, the competent authority shall issue the certificate of eligibility for producing explosive precursors; in case of rejecting the application, a written explanation shall be provided.

Article 45. Procedures for issuing licenses to trade in explosive precursors

1. An application for a license to trade in explosive precursors shall consist of:

a) An application form, explicitly stating the name and address of the enterprise; reasons; full name, address, personal identification number or passport number of the legal representative; number of the decision on establishment of the enterprise or number of enterprise registration certificate; number of the document on assessment, inspection and acceptance in terms of fire prevention and fighting for warehouses for preserving explosive precursors; number of the environmental license. If the applicant is a trader of explosive precursor that is ammonium nitrate whose content is at least 98.5 %, the certificate of satisfaction of security and order conditions is required;

b) A declaration of warehouses, terminals and factories of the trader, a written permission for putting these works into use; a list of specialized vehicles used for transporting explosive precursors and copy of the circulation license; a plan or measure for prevention of and response to emergency incidents in respect of warehouses and vehicles of explosive precursors;

2. If the license to trade in explosive precursors is lost or damaged, the enterprise shall apply for re-issuance of the license. The application form for re-issuance shall explicitly state the reasons for the loss or damage and handling results. The effective period of the re-issued license remains unchanged.

3. The license to trade in explosive precursors shall be adjusted if there is any change to the contents of enterprise registration, place, scale of or conditions for operation or change to information related to the applicant. An application shall consist of an application form for adjustments to the license; documents proving the changes. The effective period of the license remains unchanged.

4. The applications and documents prescribed in clauses 1, 2, 3 and 4 of this Article shall be submitted on the national public service portal or information system for handling administrative procedures of the Ministry of Industry and Trade or by post to the competent authority specified by the Minister of Industry and Trade; in case of direct submission, the application form shall include full name, personal identification number or passport number of the contacting person.

5. Within 05 working days from the date of receiving the application in full, the competent authority shall issue the license to trade in explosive precursors; in case of rejecting the application, a written explanation shall be provided.

6. The license to trade in explosive precursors shall be valid for a period of 05 years.

Article 46. Procedures for issuing licenses to export or import explosive precursors

1. An application for a license to export or import explosive precursors shall consist of:

a) An application form, explicitly stating the name and address of the organization or enterprise; number of the trading license; reasons; quantity, types and country of production; border checkpoint; transport vehicle, time of transport; name, personal identification number or passport number of the legal representative;

b) A copy of the contract, order or invoice for purchase and sale of explosive precursors;

c) A description of production or testing processes or the research proposal involving explosive precursors in the case where the organization or enterprise imports explosive precursors to be used directly for production, research or testing.

2. The application prescribed in clause 1 of this Article shall be submitted on the national public service portal or information system for handling administrative procedures of the Ministry of Industry and Trade or by post to the competent authority specified by the Minister of Industry and Trade; in case of direct submission, the application form shall include full name, personal identification number or passport number of the contacting person.

3. Within 05 working days from the date of receiving the application in full, the competent authority shall issue the license to export or import explosive precursors; in case of rejecting the application, a written explanation shall be provided.

4. The license to export or import explosive precursors shall be valid for a period of 06 months.

Article 47. Transport of explosive precursors

1. An organization or enterprise transporting explosive precursors shall fully satisfy the following conditions:

a) It is permitted to produce, trade in and use explosive precursors or has registered its goods transport as a business line;

b) Vehicles used for transporting explosive precursors shall satisfy all conditions prescribed in standards and technical regulations on safety in explosive precursor-related activities; satisfy conditions for safety and fire prevention and fighting;

c) Managers, vehicle operators, escorts and attendants directly engaged in transport of industrial explosive materials must have qualifications and undergo professional training in safety and fire prevention and fighting;

d) It has the license or order for transport of explosive precursors; symbols showing that vehicle is transporting explosive precursors.

2. The transport of explosive precursors shall comply with the following regulations:

a) The regulations set out in the license to transport explosive precursors shall be complied with;

b) The condition of explosive precursors must be checked before departure or after stopping or parking vehicles and immediately deal with any incident that occurs;

c) There shall be a plan to ensure safe transport and fire prevention and fighting; measures for responding to emergencies incidents;

d) Sufficient procedures for delivering and receiving goods and documents related to explosive precursors shall be followed;

dd) Explosive precursors and persons must not be transported in a vehicle, except for the vehicle operator and escort;

e) Vehicles transporting explosive precursors must not stop or park in crowded places, residential areas, petrol filling stations or in the vicinity of works of national defense, security, economic, cultural and diplomatic significance; the transport of explosive precursors is not permitted in case of unpredictable weather. In case of a night rest or incident resulting in the lack of guards, the vehicle operator or escort must immediately inform the nearest military authority or police authority for cooperation and protection as may be necessary.

3. Procedures for issuing a license to transport explosive precursors to an entity not under the management of the Ministry of National Defense are as follows:

a) It is required to submit an application form, explicitly stating the name and address of the organization or enterprise; full names, personal identification number or passport number of the vehicle operator and the escort; reasons; number of dispatch order or invoice, weight, quantity and types of explosive precursors to be transported; place of departure, place of destination, time and route of transport; transport vehicle, its license plate; number of the driver’s license;

b) If there is any change to information on the transport license, the applicant for adjustment of the license must prepare an application form, clearly stating the adjustments to the license;

c) The application form prescribed in points a and b of this clause shall be submitted on the national public service portal or information system for handling administrative procedures of the Ministry of Public Security or by post to the competent police authority specified by the Minister of Public Security; in case of direct submission, the application form must include full name, personal identification number or passport number of the contacting person;

d) Within 03 working days from the date of receiving the application in full, the competent police authority shall issue the license to transport explosive precursors; in case of rejecting the application, a written explanation shall be provided.

dd) The license to transport explosive precursors shall be valid for a period of 30 days;

e) If the explosive precursors are transported using multiple vehicles of the same type during a trip, only 01 transport license shall be issued; if transported using multiple types of vehicles, 01 transport license shall be issued to each type of vehicle.

4. In the absence of any warehouse or vehicle, a written lease contract with an organization or enterprise allowed to preserve and transport industrial explosive materials is required.

5. As the requirements for ensuring security, social order and safety in national activities or activities in areas subject to special requirements for ensuring security and safety are laid down, the competent authority under the Ministry of Public Security shall decide to suspend the issuance of licenses to transport explosive precursors or suspend these licenses.

6. The Minister of National Defense shall prescribe the issuance, adjustment, revocation and suspension of issuance of orders for transport of explosive precursors for the state-owned organizations and enterprises under the Ministry of National Defense and enterprises holding controlling shares or contributed capital of state-owned organizations and enterprises under the Ministry of National Defense.

Article 48. Responsibilities of organizations and enterprises for management and use of explosive precursors

1. Each organization or enterprise shall maintain its satisfaction of conditions for security, order, safety, fire prevention and fighting and environmental protection during the management and use of explosive precursors and assume the following activities:

a) Preserve and archive books and documents for each type of explosive precursors for a period of 05 years;

b) Submit periodic and ad hoc reports;

c) Comply with regulations on safety in the use, storage, preservation and treatment of chemical waste in respect of dangerous chemicals under regulations of the Law on Chemicals.

2. Users of explosive precursors shall only purchase the explosive precursors included in the list of explosive precursors permitted for production, trading and use in Vietnam from lawful producers and traders of explosive precursors. If a user does not use completely its explosive precursors, it will sell the redundant explosive precursors to lawful producers and traders of explosive precursors.

3. Producers and traders of explosive precursors shall obtain licenses or certificates issued by competent authorities and only trade in the explosive precursors prescribed in the list of explosive precursors permitted for production, trading and use in Vietnam.

4. The Minister of Industry and Trade shall elaborate upon the periodic and ad hoc reporting regimes as specified in point b clause 1 of this Article.

Chapter V

MANAGEMENT AND USE OF SUPPORT INSTRUMENTS

Article 49. Research into, fabrication, production, trading, export, import and repair of support instruments; management, training and use of military animals

1. The research into, fabrication, production and repair of support instruments shall comply with the Law on the National Defense and Security Industry and Industrial Mobilization and regulations of this Law.

2. The trading of support instruments shall satisfy the following conditions:

a) Support instruments shall be traded by an enterprise established in accordance with regulations of law;

b) Conditions for security, order, safety, fire prevention and fighting and environmental protection shall be complied with;

c) Warehouses, transport vehicles, equipment and tools in service of trading in support instruments shall be appropriate and satisfy the conditions for preservation and transport of support instruments, fire prevention and fighting;

d) Managers and attendants directly engaged in the trading in support instruments must have appropriate qualifications and undergo training in management of support instruments and professional training in fire prevention and fighting;

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

3. The export and import of support instruments shall comply with the following regulations:

a) Any organization or enterprise permitted to produce and trade in support instruments is also permitted to export or import support instruments;

b) Managers and attendants directly engaged in the export or import of support instruments must have appropriate qualifications and undergo training in management of support instruments and fire prevention and fighting;

c) Exported or imported support instruments shall satisfy standards and technical regulations. Each support instrument shall have its own label, number, symbol, country of production, year of production and expiry date.

4. The Minister of National Defense and Minister of Public Security shall stipulate the management, training and use of military animals under their management.

Article 50. Procedures for issuing licenses to trade in support instruments

1. An application for issuance of a license to trade in support instruments to an enterprise not under the management of the Ministry of National Defense shall consist of:

a) An application form, explicitly stating the name and address of the enterprise; reasons; number of the decision on establishment of the enterprise or number of enterprise registration certificate; full name, personal identification number or passport number of the legal representative; list of managers and attendants directly involved in the preservation and trading of support instruments;

b) A plan or measure for prevention of and response to emergency incidents occurring in warehouses used for preserving support instruments.

2. Where the license to trade in support instruments is lost or damaged or there is any change to information on the license, the enterprise shall submit an application form for re-issuance of the license.

3. The application and documents specified in clauses 1 and 2 of this Article shall be submitted on the national public service portal or information system for handling administrative procedures of the Ministry of Public Security or by post to the competent police authority specified by the Minister of Public Security; in case of direct submission, the application form must include full name, personal identification number or passport number of the contacting person.

4. Within 03 working days from the date of receiving the application in full, the competent authority shall examine it, carry out a site inspection and issue the license to trade in support instruments; in case of rejecting the application, a written explanation shall be provided.

5. Procedures for issuing licenses to trade in support instruments to enterprises under the management of the Ministry of National Defense shall comply with regulations issued by the Minister of National Defense.

Article 51. Procedures for issuing licenses to export or import support instruments

1. The organization or enterprise not under the management of the Ministry of National Defense shall submit an application form, explicitly stating the name and address of the organization or enterprise; reasons; quantity, types, trademarks, year of production and expiry dates of the support instruments; full name, personal identification number or passport number of the legal representative.

2. The application form prescribed in clause 1 of this Article shall be submitted on the national public service portal or information system for handling administrative procedures of the Ministry of Public Security or by post to the competent police authority specified by the Minister of Public Security; in case of direct submission, the application form must include full name, personal identification number or passport number of the contacting person.

3. Within 03 working days from the date of receiving the application form, the competent authority shall issue the license to export or import support instruments; in case of rejecting the application, a written explanation shall be provided.

4. The license to export or import support instruments shall be valid for a period of 90 days.

5. Procedures for issuing the license to export or import support instruments to organizations and enterprises under the management of the Ministry of National Defense shall comply with regulations issued by the Minister of National Defense.

Article 52. Entities equipped with support instruments

1. The following entities are equipped with support instruments:

a) People’s Army;

b) Civil Defense Force;

c) Coast Guard;

d) People's Public Security;

dd) Cipher force;

e) Investigating authority of the People’s Supreme Procuracy;

g) Civil judgment enforcement authorities;

h) Forest protection authorities, full-time forest protection forces, fisheries resources surveillance force, forces directly carrying out specialized fishery inspections;

i) Checkpoint customs, specialized anti-smuggling forces of the customs, counter-narcotics force of the customs;

k) Inspecting teams of the market surveillance forces;

l) Aviation security force, forces directly carry out specialized transport inspections;

m) Security forces of authorities, organizations, enterprises; providers of security services;

n) Forces participating in maintaining security and order at the grassroots level;

o) Sports clubs, sports training and coaching institutions that have obtained operating licenses;

p) Centers for drug treatment and rehabilitation;

q) The Minister of Public Security shall, according to the nature, requirements and tasks, decide the equipment of support instruments for other entities.

2. The Minister of Public Security shall, according to the nature, requirements and tasks, stipulate the equipment of support instruments for entities not under the management of the Ministry of National Defense.

3. The Minister of National Defense shall, according to the nature, requirements and tasks, decide the equipment and use of support instruments for entities of People’s Army, Civil Defense Force, Coast Guard, cipher force, sports clubs and sports training and coaching institutions under the management of the Ministry of National Defense.

Article 53. Procedures for equipping support instruments

1. Procedures for equipping entities not under the management of the Ministry of National Defense with support instruments are as follows:

a) An application shall include an application form, explicitly stating the name and address of the authority, organization or enterprise wishing to be equipped with support instruments, name and address of the organization or enterprise selling support instruments, reasons, quantity, types and trademarks of the support instruments to be equipped; full name, personal identification or passport number of the legal representative; a copy of the decision on establishment of full-time security force issued by the authority, organization establishing this force;

b) The application prescribed in point a of this clause shall be submitted on the national public service portal or information system for handling administrative procedures of the Ministry of Public Security or by post to the competent police authority specified by the Minister of Public Security; in case of direct submission, the application form must include full name, personal identification number or passport number of the contacting person;

c) Within 03 working days from the date of receiving the application and application form in full, the competent police authority shall issue the license to acquire support instruments; in case of rejecting the application, a written explanation shall be provided.

2. The license to acquire support instruments shall be valid for a period of 60 days.

3. Procedures for equipping entities of People’s Army, Civil Defense Force, Coast Guard, cipher force, sports clubs and sports training and coaching institutions under the management of the Ministry of National Defense with support instruments shall comply with regulations imposed by the Minister of National Defense.

Article 54. Procedures for issuing licenses to purchase support instruments

1. An organization or enterprise not under the management of the Ministry of National Defense that is permitted to produce and trade in support instruments shall, upon purchasing support instruments, prepare an application form, explicitly stating the name and address of the organization or enterprise, name and address of the seller; reasons; quantity, types and trademarks of the support instruments; full name, personal identification number or passport number of the legal representative.

2. The application form prescribed in clause 1 of this Article shall be submitted on the national public service portal or information system for handling administrative procedures of the Ministry of Public Security or by post to the competent police authority specified by the Minister of Public Security; in case of direct submission, the application form must include full name, personal identification number or passport number of the contacting person.

3. Within 03 working days from the date of receiving the application form, the competent police authority shall issue the license to purchase support instruments; in case of rejecting the application, a written explanation shall be provided.

4. The license to purchase support instruments shall be valid for a period of 30 days.

5. Procedures for issuing licenses to purchase support instruments to organizations and enterprises under the Ministry of National Defense permitted to produce and trade in support instruments shall be subject to regulations of the Minister of National Defense.

Article 55. Procedures for issuing licenses to use, register and declare support instruments

1. The support instruments provided to entities not under management of the Ministry of National Defense shall be licensed to be used, registered or declared with the competent police authority. The Minister of Public Security shall prescribe types of support instruments issued with licenses, registered or declared and procedures for registration and declaration.

2. Procedures for issuing the license to use support instruments specified in clause 1 of this Article are as follows:

a) An application for issuance of the license to use support instruments shall include an application form, explicitly stating the name and address of the authority, organization or enterprise, reasons, quantity, type, country of production, trademark, number and symbol of each support instrument; a copy of the invoice or delivery note or document proving its lawful origin;

b) The license to use support instruments shall be re-issued in the cases where information about the authority, organization or enterprise is changed or the license is lost or damaged.

The application form re-issuance of the license to use support instruments shall specify the name and address of the authority, organization or enterprise, reasons, quantity, type, country of production, trademark, number and symbol of each support instrument; in case the license is lost or damaged, the application form shall explicitly state the reasons for the loss or damage and handling results;

c) The application and documents prescribed in points a and b of this clause shall be submitted on the national public service portal or information system for handling administrative procedures of the Ministry of Public Security or by post to the competent police authority specified by the Minister of Public Security; in case of direct submission, the application form must include full name, personal identification number or passport number of the contacting person;

d) Within 07 working days from the date of receiving the application and application form in full, the competent police authority shall carry out a site inspection and issue the license to use support instruments; in case of rejecting the application, a written explanation shall be provided;

dd) The license to use support instruments shall only be issued to the authority, organization or enterprise equipped with such support instruments and shall have no expiry date.

3. The issuance of licenses to use support instruments to, registration and declaration of support instruments by entities of People’s Army, Civil Defense Force, Coast Guard, cipher force, sports clubs and sports training and coaching institutions under the management of the Ministry of National Defense shall comply with regulations imposed by the Minister of National Defense.

Article 56. Transport of support instruments

1. The transport of support instruments shall comply with the following regulations:

a) A transport order or transport license issued by a competent authority or person is required;

b) Confidentiality and safety must be ensured;

c) Flammable or dangerous support instruments shall be transported by specialized vehicles, ensuring safety, fire prevention and fighting;

d) Support instruments and persons must not be transported in a vehicle, except for the vehicle operator and escort;

dd) Vehicles transporting support instruments must not stop or park in crowded places, petrol filling stations or in the vicinity of works of national defense, security, economic, cultural and diplomatic significance. In case of a night rest or incident resulting in the lack of guards, the vehicle operator or escort must immediately inform the nearest military authority or police authority for cooperation and protection as may be necessary.

2. Procedures for issuing a license to transport support instruments to an entity not under the management of the Ministry of National Defense are as follows:

a) It is required to submit an application form, explicitly stating the name and address of the authority, organization or enterprise; quantity, types, trademarks and origin of support instruments to be transported, full names, personal identification number or passport number of the vehicle operator and the escort; transport vehicle, its license plate; time of transport, place of departure, place of arrival, route of transport;

b) The application form prescribed in point a of this clause shall be submitted on the national public service portal or information system for handling administrative procedures of the Ministry of Public Security or by post to the competent police authority specified by the Minister of Public Security; in case of direct submission, the application form must include full name, personal identification number or passport number of the contacting person;

c) Within 03 working days from the date of receiving the application in full, the competent police authority shall issue the license to transport support instruments; in case of rejecting the application, a written explanation shall be provided;

d) The license to transport support instruments shall be valid for a period of 30 days.

dd) If the support instruments are transported using multiple vehicles of the same type during a trip, only 01 transport license shall be issued; if transported using multiple types of vehicles, 01 transport license shall be issued to each type of vehicle.

3. Procedures for issuance of orders for transporting support instruments to entities under the management of the Ministry of National Defense shall comply with regulations issued by the Minister of National Defense.

Article 57. Procedures for issuing licenses to repair support instruments

1. Procedures for issuing a license to repair support instruments to an entity not under the management of the Ministry of National Defense are as follows:

a) It is required to submit an application form, explicitly stating the names and addresses of the authority, organization or enterprise wishing to have its support instruments repaired and of the organization or enterprise carrying out repair; reasons; quantity, type, trademark, number or symbol of each support instrument to be repaired; time of repair; quantity and parts to be repaired; time of repair; full name, personal identification number or passport number of the legal representative;

b) The application form prescribed in point a of this clause shall be submitted on the national public service portal or information system for handling administrative procedures of the Ministry of Public Security or by post to the competent police authority specified by the Minister of Public Security; in case of direct submission, the application form must include full name, personal identification number or passport number of the contacting person;

c) Within 03 working days from the date of receiving the application form, the competent police authority shall issue the license to repair support instruments; in case of rejecting the application, a written explanation shall be provided.

2. Procedures for issuance of licenses to repair support instruments to entities under the management of the Ministry of National Defense shall comply with regulations issued by the Minister of National Defense.

Article 58. Use of support instruments

1. A person assigned to use support instruments shall comply with regulations in clause 2 Article 22 of this Law and is allowed to use these weapons in the following cases:

a) In the cases specified in Article 23 of this Law;

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

c) Support instruments are used for preventing a person from threatening lives and health of law enforcers or other persons;

d) Support instruments are used for preventing and dispersing the disturbance, opposition or disobedience to the orders of law enforcers, risks to security and safety of prisons, detention centers, custody centers, custody cells, reformatories, compulsory education establishments and centers for compulsory drug treatment and rehabilitation;

dd) Support instruments are used in case of justified self-defense or urgent circumstances as prescribed by law.

2. Persons assigned to use support instruments shall not assume responsibility for damage if they comply with regulations of this Article and other relevant regulations of law. If a person uses support instruments beyond the justified force in self-defense, causes obvious damage beyond the urgent circumstances, takes advantage of or misuses the use of support instruments for killing or harming others or infringing upon legitimate rights and interests of an organization or individual, he/she shall incur penalties in accordance with regulations of law.

Article 59. Responsibilities of organizations and enterprises researching into, fabricating, producing, trading in, transporting and repairing support instruments

1. Each organization or enterprise shall satisfy conditions for security, order, safety, fire prevention and fighting and environmental protection during the research into, fabrication, production, trading, transport and repair of support instruments.

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

Chapter VI

RECEIPT, COLLECTION, CLASSIFICATION, PRESERVATION, LIQUIDATION AND DESTRUCTION OF WEAPONS, EXPLOSIVE MATERIALS AND SUPPORT INSTRUMENTS

Article 60. Principles of receipt, collection, classification, preservation, liquidation and destruction of weapons, explosive materials and support instruments

1. Authorities, organizations and individuals shall notify and transfer weapons, explosive materials and support instruments which are obtained from any source or discovered or collected to the nearest military authorities, police authorities or army units if they are not allowed to be equipped with or use these weapons, explosive materials and support instruments in accordance with regulations of law.

2. The receipt, collection, classification, preservation, liquidation and destruction of weapons, explosive materials and support instruments shall ensure safety and reduce impacts on the environment. Weapons, explosive materials and support instruments that are received and collected shall be transported by specialized vehicles or other vehicles which shall ensure the safety.

3. Weapons, explosive materials and support instruments shall be received and collected regularly and through campaigns.

4. Weapons, explosive materials and support instruments that are usable shall be put into use in accordance with regulations of this Law and other relevant regulations of law after being classified.

5. The classification, preservation, liquidation and destruction of weapons, explosive materials and support instruments provided for entities under the management of the Ministry of National Defense shall be stipulated by the Minister of National Defense; for entities not under the management of Ministry of National Defense shall be stipulated by the Minister of Public Security.

6. Persons in charge of receipt, collection, classification, preservation, liquidation and destruction of weapons, explosive materials and support instruments shall undergo professional training and be provided with protective equipment to ensure safety.

Article 61. Receipt and collection of weapons, explosive materials and support instruments

1. Weapons, explosive materials and support instruments to be received and collected shall include the weapons, explosive materials and support instruments prescribed in Article 2 of this Law; explosives derived from bombs, mines, grenades, ammunition, flashbangs, torpedoes and naval mines.

2. Cases in which weapons, explosive materials and support instruments are received and collected:

a) The weapons, explosive materials and support instruments are not issued to or lawfully owned by authorities, organizations and individuals as prescribed by law;

b) The weapons, explosive materials and support instruments are involved in any case that has been dealt with in accordance with regulations of law by competent authorities; the weapons, explosive materials and support instruments are discovered and kept by competent authorities;

c) Organizations and individuals that are responsible for managing or owning discovered weapons, explosive materials and support instruments fail to be identified; weapons, explosive materials and support instruments exist after the war ends.

Article 62. Searching for weapons and explosive materials

1. An organization or individual that wishes to search for weapons or explosive materials shall submit an application to the district-level People’s Committee.

The application shall consist of an application form, specifying reasons, purposes and requirements for the search, range and place of the search; copies of documents proving the use, management or construction of lawful works in the place where the search will be conducted.

Within 05 working days from the date of receiving the application in full, the district-level People’s Committee shall give a written response; in case of rejecting the application, a written explanation shall be provided.

2. After receiving permission of the district-level People’s Committee, the applicant shall request or hire an organization or unit allowed to conduct searches prescribed in clause 5 of this Article to search for weapons or explosive materials.

3. The applicant shall send a notification to the communal People’s Committee at least 5 days before the search to put forward a plan for cooperation in safety assurance.  The applicant shall only search for weapons and explosive materials within the permitted range and place.

4. If the applicant wishes to search for weapons or explosive materials outside the permitted range and place, an application form shall be submitted to the district-level People’s Committee. Within 05 working days from the date of receiving the application form, the district-level People’s Committee shall send a written response to the applicant or send a written explanation in case of refusal.

5. Organizations and units that are allowed to search for weapons and explosive materials include technical units specialized in weapons and combat engineers affiliated to the Ministry of Defense and the Ministry of Public Security; other organizations receiving permission from the Prime Minister.

Article 63. Power to receive, collect, classify, liquidate and destroy weapons, explosive materials and support instruments

1. Military authorities, police authorities of districts and army units shall receive and classify weapons, explosive materials and support instruments.

2. Military authorities and police authorities of districts and regiments or superior military units shall classify weapons, explosive materials and support instruments that have been received and collected.

3. Supervisory authorities and units of the authorities and units prescribed in clause 2 of this Article have the power to decide to liquidate weapons, explosive materials and support instruments.

4. Military authorities and police authorities of districts and regiments or superior military units shall destroy weapons, explosive materials and support instruments.

5. Weapons, explosive materials and support instruments that are material evidences or involved in criminal cases shall be handled in accordance with regulations of law on criminal procedures.

Article 64. Procedures for receiving and collecting weapons, explosive materials and support instruments

1. Procedures for receiving weapons, explosive materials or support instruments are as follows:

a) Organize the receipt of weapons, explosive materials or and support instruments;

b) Make a record on receipt of weapons, explosive materials or support instruments; the receipt record shall be made into 02 copies, 01 kept by the transferring authority, organization or individual and the other kept by the receiving authority or unit;

c) Specify sufficient information related to the receipt of weapons, explosive materials or support instruments in the book of receipt and collection.

2. Procedures for collecting weapons, explosive materials or support instruments are as follows:

a) Organize the collection of weapons, explosive materials or support instruments;

b) Make a record on collection of weapons, explosive materials or support instruments;

c) Specify sufficient information related to the receipt of weapons, explosive materials or support instruments declared by authorities, organizations and individuals in the book of receipt and collection.

3. Where heavy weapons, bombs, mines, grenades, flashbangs, torpedoes, naval mines, explosive materials, warheads, artillery shells, artillery fuses and other types of artillery or other weapons requiring specialized techniques are collected, the police authority, military unit or army unit receiving the information shall protect and immediately notify the district-level military authority, a regiment or superior military unit for collection and handling within their power.

4. If the receiving and collecting authority is convinced that a weapon, explosive material or support instrument is suspected of being involved in any crime, it shall notify the competent authority for instructions in accordance with regulations of law.

Article 65. Transfer and receipt of weapons, explosive materials and support instruments

1. Each communal police authority or communal military authority shall, after receiving or collecting weapons or support instruments, must produce statistics thereon and transfer them to the district-level police authority or district-level military authority, except for the case specified in clause 2 of this Article.

2. The production of statistics on and transfer of received and collected bombs, mines, grenades, flashbangs, torpedoes, naval mines, explosive materials, warheads, artillery shells, artillery fuses and other types of artillery warheads to military authorities for handling shall be specified as follows:

a) Police authorities of communes and districts and military authorities of communes shall produce statistics thereon and transfer them to military authorities of districts;

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

c) A record enclosed with a statistical sheet which specifies types, quantity and origins shall be made upon transfer.

3. Specialized forces of military authorities shall transport weapons and explosive materials prescribed in clause 2 of this Article.

4. The Minister of National Defense shall prescribe the receipt, collection, liquidation and destruction of heavy weapons, bombs, mines, grenades, flashbangs, torpedoes, naval mines, explosive materials, 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 66. Preservation of received and collected weapons, explosive materials and support instruments

1. Received and collected weapons, explosive materials and support instruments shall be preserved closely in accordance with regulations; internal regulations on and plans for fire prevention and fighting shall be made; received and collected weapons, explosive materials and support instruments shall not be preserved in warehouses of weapons, equipment, documents or materials.

2. The Minister of National Defense and Minister of National Defense shall stipulate the preservation of received and collected weapons, explosive materials and support instruments under their management.

Article 67. Procedures for classifying, liquidating and destroying weapons, explosive materials and support instruments

1. Weapons, explosive materials and support instruments that have been received and collected shall be inventoried and classified to determine their quality and use value for liquidation or destruction.

2. Procedures for classifying and liquidating weapons, explosive materials and support instruments are as follows:

a) After receiving and collecting weapons, explosive materials and support instruments, military authorities and police authorities of districts, regiments or superior military units shall classify the weapons, explosive materials and support instruments and submit reports to their supervisory authorities, which will decide the putting into use or destruction thereof.

b) After receiving the reports, the supervisory authorities shall consider and decide the putting into use or destruction of weapons, explosive materials and support instruments.

3. Procedures for destroying weapons, explosive materials and support instruments are as follows:

a) After the decision on destruction of weapons, explosive materials and support instruments is issued, the military or police authority of the district or a regiment or superior military unit shall establish a destruction council and formulate a destruction plan. The Council shall be composed of a Chair who is the destroying authority’s representative; members who are representatives of the specialized technical authority and environment authority of the district and People’s Committee of the commune where the place of destruction is located. The destruction plan shall ensure safety and reduce impacts on the environment;

b) After destroying weapons, explosive materials and support instruments, the destroying authority shall carry out a site inspection and ensure that all weapons, explosive materials and support instruments have their functions and effects disabled. Results of destruction shall be specified in a record and confirmed by the Chair and members of the council.

4. If weapons and explosive materials pose risks to safety and are required to be treated urgently, the head of the military or police authority of the district, 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 68. Funding for receipt, collection, classification, preservation, liquidation and destruction of weapons, explosive materials and support instruments

1. Funding for receipt, collection, classification, preservation, liquidation and destruction of weapons, explosive materials and support instruments includes:

a) State budget;

b) Voluntary contributions and sponsorships of 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, explosive materials and support instruments shall be managed and used in accordance with regulation of Law on State Budget and other relevant regulations of law.

Chapter VII

STATE MANAGEMENT OF WEAPONS, EXPLOSIVE MATERIALS, EXPLOSIVE PRECURSORS AND SUPPORT INSTRUMENTS

Article 69. Details of state management of weapons, explosive materials, explosive precursors and support instruments

1. Promulgating and organizing the implementation of legislative documents on management and use of weapons, explosive materials, explosive precursors and support instruments.

2. Issuing and amending the list of weapons, explosive materials, explosive precursors and support instruments.

3. Prescribing standards and technical regulations applicable to weapons, explosive materials and support instruments; standards applicable to warehouses used for preserving weapons, explosive materials, explosive precursors and support instruments.

4. Issuing forms and organizing the registration, issuance and revocation of licenses and certificates related to the management and use of weapons, explosive materials, explosive precursors and support instruments.

5. Organizing the professional and refresher training in management and use of weapons, explosive materials, explosive precursors and support instruments.

6. Organizing the prevention of violations against the law on management and use of weapons, explosive materials, explosive precursors and support instruments.

7. Organizing the research into, development, testing and application of science and technology to the management and use of weapons, explosive materials, explosive precursors and support instruments.

8. Producing state statistics on weapons, explosive materials, explosive precursors and support instruments.

9. Organizing the receipt, collection, classification, preservation, liquidation and destruction of weapons, explosive materials and support instruments.

10. Disseminating and providing education about law on management and use of weapons, explosive materials, explosive precursors and support instruments.

11. International cooperation in management and use of weapons, explosive materials, explosive precursors and support instruments.

12. Carrying out audits and inspections, handling complaints and denunciations; giving rewards and imposing penalties for violations of law on management and use of weapons, explosive materials, explosive precursors and support instruments.

Article 70. Responsibility for state management of weapons, explosive materials, explosive precursors and support instruments

1. The Government shall perform uniform state management of weapons, explosive materials, explosive precursors and support instruments.

2. The Ministry of Public Security shall act as a conduit to assist the Government in uniform state management of weapons, explosive materials, explosive precursors and support instruments in accordance with regulations of this Law. The Minister of Public Security shall promulgate the list of military weapons specified in point b clause 2 Article 2; list of sporting weapons specified in point a clause 5 Article 2; list of cold weapons specified in point a clause 4 Article 2; list of highly lethal knives specified in clause 6 Article 2; list of support instruments specified in points a and b clause 11 Article 2 of this Law.

3. The Ministry of National Defense shall exercise its function of state management of weapons, explosive materials, explosive precursors and support instruments in accordance with regulations of this Law and other relevant regulations of law within its jurisdiction. The Minister of National Defense shall promulgate the list of military weapons prescribed in point a clause 2 Article 2 of this Law.

4. The Ministry of Industry and Trade shall exercise its function of state management of explosive materials and explosive precursors in accordance with regulations of this Law and other relevant regulations of law within its jurisdiction. The Minister of Industry and Trade shall promulgate the list of industrial explosive materials specified in clause 9 Article 2; list of explosive precursors specified in clause 10 Article 2 of this Law.

5. Ministries and ministerial agencies shall, within their jurisdiction, perform state management of weapons, explosive materials, explosive precursors and support instruments; connect, share and exploit information on databases in order to receive and handle administrative procedures online.

6. People’s Committees at all levels shall, within their jurisdiction, perform state management of weapons, explosive materials, explosive precursors and support instruments in their areas.

Article 71. Updating, exploiting, managing and using databases of weapons, explosive materials, explosive precursors and support instruments

1. Databases of weapons, explosive materials, explosive precursors and support instruments are a set of basic information about weapons, explosive materials, explosive precursors and support instruments that has been standardized, digitalized, stored and managed using information technology to serve state management and transactions carried out by authorities, organizations and individuals.

2. The Minister of National Defense shall prescribe the establishment, management, updating and exploitation of databases of weapons, explosive materials, explosive precursors and support instruments for entities under the management of the Ministry of National Defense.

3. The Minister of Industry and Trade shall prescribe the establishment, management, updating and exploitation of databases of industrial explosive materials and explosive precursors for entities under the management of the Ministry of Ministry of Industry and Trade.

4. The Minister of Public Security shall prescribe the establishment, management, updating and exploitation of databases of weapons, explosive materials, explosive precursors and support instruments for entities not under the management of the Ministry of National Defense and Ministry of Industry and Trade.

Chapter VIII

IMPLEMENTATION CLAUSE

Article 72. Amendments to clause 7 Article 7 of the Law on Advertising

Clause 7 Article 7 of the Law on Advertising No. 16/2012/QH13 amended by the Law No. 35/2018/QH14 is amended as follows:

“7. Weapons, explosive materials, support instruments; products and goods that might incite violence.”.

Article 73. Effect

1. This Law comes into force from January 01, 2025, except for the case specified in clause 2 of this Article.

2. The regulations set out under Article 17, Article 32 and clause 1 Article 49 of this Law come into force from July 01, 2025.

3. The Law on Management and Use of Weapons, Explosive Materials and Support Instruments No. 14/2017/QH14 amended by the Law No. 50/2019/QH14 and Law No. 59/2020/QH14 shall cease to have effect from the effective date of this Law, except for the following cases:

a) Regulations specified in Article 17, Article 35 and clause 1 Article 52 of the Law on Management and Use of Weapons, Explosive Materials and Support Instruments No. 14/2017/QH14 amended by the Law No. 50/2019/QH14 and Law No. 59/2020/QH14 shall remain effective until June 30, 2025;

b) Regulations enshrined in Article 75 of this Law.

Article 74. Application of regulations of the Law on Management and Use of Weapons, Explosive Materials and Support Instruments on highly lethal knives

1. Pursuant to regulations of this Law, in order to prevent the acts of using highly lethal knives for the purpose of committing crimes, disrupting public order or opposing authorities and organizations in the performance of their duties and law enforcers, the Government shall decide measures to ensure safety in the production, trading, export, import, transport and use of highly lethal knives so that they will be implemented from January 01, 2026. Safety measures must be practical and not hinder normal activities of organizations and individuals.  

2. Producers, traders, exporters and importers of highly lethal knives shall provide information about their quantity, types, trademarks and name of the production establishment at the request of the police authority in the area where they are headquartered, place of production and trading or place of residence so as to maintain security and order.

Article 75. Transitional clauses

1. Any license or certificate related to weapons, explosive materials, explosive precursors or support instruments that is issued before the effective date of this Law and remains effective may be used until the expiry date written on that license or certificate.

2. Any application for issuance of a license or certificate related to weapons, explosive materials, explosive precursors or support instruments that is received before January 01, 2025 but has yet to be processed before the effective date of this Law or is being processed shall continue to be processed under the Law on Management and Use of Weapons, Explosive Materials and Support Instruments No. 14/2017/QH14 amended by the Law No. 50/2019/QH14 and Law No. 59/2020/QH14.

3. Any confirmation of support instrument registration issued before the effective date of this Law may continue to be used. In case of wishing to apply for issuance of the license to use such support instruments or register and declare such support instruments after the effective date of this Law, the procedures set out in this Law shall be followed.

This Law is adopted by the 15th National Assembly of Socialist Republic of Vietnam on this 29th of June 2024 during its 7th session.