Chương I Luật Quản lý, sử dụng vũ khí, vật liệu nổ và công cụ hỗ trợ 2024 số 42/2024/QH15: Những quy định chung

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