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.
Tìm kiếm
Luật Quản lý, sử dụng vũ khí, vật liệu nổ và công cụ hỗ trợ 2024 số 42/2024/QH15 (Bản Word)