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