Chương 1 Pháp lệnh 16/2011/UBTVQH12: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Ordinance provides for the management and use of weapons, explosives and supporting tools; the responsibility for state management of weapons, explosives and supporting tools, aiming to protect the national security and maintain social order and safety.

Article 2. Subjects of application

This Ordinance applies to Vietnamese agencies, organizations and individuals, foreign agencies, organizations and individuals, and international organizations that reside, enter, exit, transit and operate in the territory of the Socialist Republic of Vietnam: if treaties to which the Socialist Republic of Vietnam is a contracting party otherwise provide for, such treaties shall prevail.

Article 3. Interpretation of terns

In this Ordinance, the terms below are construed as follows:

1. Weapons include military weapons, hunting guns, rudimentary weapons, sports weapons and other types of weapons with similar properties and effect.

2. Military weapons include:

a/ Hand guns of small size, which are weapons designed for personal use, including pistols, rifles, submachine guns, light machine guns and other types of guns with similar properties and effect.

b/ Light weapons, including machine guns, mortars of under 100 mm. recoilless guns (DKZ), anti-aircraft machine guns of under 23 mm, grenade launchers, personal anti-lank rockets, shoulder anti-aircraft missiles, and other types of light weapons with similar properties and effect:

c/ Bombs, mines, grenades, shells, torpedoes, water mines and flame throwers-.

d/ Weapons which are not on the Government-promulgated list of weapons hut have similar properties and effect like military weapons.

3 Hunting guns are guns used for hunting, including flint locks air guns, and other types of guns with similar properties and effect.

4. Rudimentary weapons include daggers, swords, long-handled spears, long-handled machetes, bayonets, knife-shaped lances, scimitars, clubs, bows and crossbows.

5. Sports weapons are guns and rudimentary weapons used for sports practice and competition.

6. Explosives include explosive powder and accessories.

7. Military explosives are explosives used for defense and security purposes.

8. Industrial explosives are explosives used for industrial, economic and civil purposes.

9. Supporting tools include:

a/ Guns for plastic bullets, rubber bullets, tear gas, asphyxiating gas, toxic substances, anesthetics, magnetic field, laser, flares and bullets used for guns of these types

b/ Sprayers of tear gas, asphyxiating gas, toxic substance, anesthetics or itchy substances;

c/ Smoke grenades, tear-gas grenades and exploding balls;

d/ Electric clubs, rubber clubs, metal clubs, handcuffs, spike boards, barbed wires, armors, electric gloves, knife- snatching gloves, shields and anti-bullet helmets;

e/ Army or police animals.

Article 4. Principles of equipment, management and use of weapons, explosives and supporting tools

1. Compliance with the Constitution and laws of the Socialist Republic of Vietnam.

2. Weapons, explosives and supporting tools must ensure standards and technical regulations prescribed by law.

3. Persons who order or decide to use weapons, explosives and supporting tools shall bear responsibility for their orders or decisions.

4 Persons who use weapons, explosives or supporting tools must be professionally trained and periodically examined in using skills.

5. Weapons, explosives and supporting tools must he used for proper purposes, restricting to the utmost damage caused to humans, properly and the environment.

6. Weapons, explosives and supporting tools which have expired or are unusable must be disposed of or destroyed.

Article 5. Prohibited acts

1. Personally possessing weapons, excluding the weapons prescribed in Clause 4, Article 3 of this Ordinance.

2. Illegally manufacturing, storing, transporting, using, trading, importing or exporting or appropriating weapons, explosives and supporting tools.

3. Abusing the use of weapons, explosives or supporting tools to infringe upon the health or lives of other people, or the rights and legitimate interests of individuals, agencies or organizations.

4. Deliberately destroying or damaging assigned weapons.

5. Assigning weapons, explosives and supporting tools to agencies, organizations or persons that fail to fully satisfy set conditions and standards.

6. Giving away, presenting as gift, entrusting to others' care, borrowing, lending, renting, leasing, pledging or mortgaging weapons, explosives or supporting tools.

7. Illegally bringing weapons, explosives or supporting tools into or out of the Vietnamese territory.

8. Unsafely transporting or preserving weapons, explosives or supporting tools.

9. Exchanging, trading, forging, tampering with, erasing, borrowing, lending, renting, leasing, pledging or mortgaging licenses for manufacture, trading, transportation or use of weapons, explosives or supporting tools.

10. Illegally trading, giving away, presenting as gifts, borrowing, lending, renting, leasing, pledging or mortgaging discarded and faulty weapons, explosives and supporting tools.

11. Excavating and digging to search for weapons and explosives without permission of competent agencies.

12. Other acts in violation of regulations on management and use of weapons, explosives or supporting tools.

Article 6. Bringing of weapons, explosives and supporting tools into or out of the Vietnamese territory in special cases

1. Foreign organizations or individuals may bring weapons and supporting tools from abroad into Vietnam for protection of heads and deputy heads of the slates, legislative bodies and governments and other guests invited by the Party Central Committee, the President, the National Assembly or the Government of the Socialist Republic of Vietnam, or for sports practice and competitions, exhibition, display, sale promotion or product introduction.

2. Vietnamese organizations or individuals may carry weapons and supporting tools abroad from Vietnam for protection of heads of Party or state agencies, or for sports practice and competitions, exhibition, display, sale promotion or product introduction.

3. The Minister of Public Security shall provide for the order, procedures and grant of permits for carrying weapons and supporting tools into or out of the Vietnamese territory for the cases specified in Clauses 1 and 2 of this Article. The Minister of National Defense shall provide for cases under programs and plans of the Ministry of Defense.

Article 7. Responsibilities of heads of agencies or organizations equipped with and using weapons, explosives and supporting tools

1. To bear responsibility for the management and use of weapons, explosives and supporting tools.

2. To assign qualified persons to keep warehouses or storages of weapons, explosives and supporting tools under Article 9 of this Ordinance.

3. To assign weapons only to persons of their agencies or organizations for use who fully meet the conditions and criteria prescribed in Article 14 of this Ordinance.

4. To locale warehouses or storages of weapons, explosives and supporting tools under Article 10 of this Ordinance.

Article 8. Responsibilities of persons assigned to use weapons, explosives and supporting tools

1. To use weapons, explosives and supporting tools for proper purposes and according to regulations.

2. To preserve weapons, explosives and supporting tools according to prescribed regimes and processes, ensuring safety and no loss and damage.

3. To hand over weapons, explosives and supporting tools to persons responsible for management and preservation upon accomplishment of their tasks or at the end of the assignment lime limit.

4. When carrying or using weapons and supporting tools, to bring along use permits as provided for by law.

Article 9. Criteria of persons assigned to keep warehouses or storages of weapons, explosives and supporting tools

1. Persons assigned to keep warehouses or storages of weapons, explosives and supporting tools must satisfy the following criteria:

a/ Possessing good quality and morality and being physically fit for assigned tasks:

b/ Possessing a professional certificate of management of weapons, explosives and supporting tools, and a certificate of fire prevention and fighting training:

c/ Thoroughly understanding regulations and regimes on management and preservation of warehouses and storages of weapons. explosives and supporting tools.

2. The Minister of National Defense shall detail Clause 1 of this Article for the People's Army and Militia and Self-Defense Forces. The Minister of Public Security shall detail Clause 1 of this Article for the People's Public Security, and shall assume the prime responsibility for, and coordinate with concerned ministers and heads of ministerial-level agencies in. detailing Clause 1 of this Article for other entities.

Article 10. Preservation of weapons, explosives and supporting tools

1. Weapons, explosives and supporting tools must be strictly managed and preserved according to regulations.

2. Weapon, explosive and supporting tool warehouses and storages must be designed and built up to prescribed technical standards and regulations on safety in fire and explosion prevention and fighting and on environmental protection; have internal rules, security plans. fire and explosion prevention and fighting plans and safety devices which are approved by managing and functional agencies.

3. The Minister of National Defense shall provide fur the preservation of weapons, explosives and supporting tools for the People' Army and Militia and Self-Defense Forces. The Minister of Public Security shall provide for the preservation of weapons, explosives and supporting tools for other entities.

Article 11.Hand-over, receipt and handling of weapons, explosives and supporting tools

1. Organizations and individuals shall declare and hand over weapons, explosives and supporting tools to the nearest military or police offices or local administrations in the following cases:

a/ They are ineligible for being equipped with and using under law but acquire weapons, explosives and supporting tools from any source;

b/ They have detected or collected weapons, explosives and supporting tools.

2. Military or police offices or local administrations shall immediately organize the receipt. Collection, classification, preservation and handling of weapons, explosives and supporting tools declared and handed over by organizations or individuals.

3. Weapons, explosives and supporting tools which are exhibits of or related to cases in the stage of investigation shall be received and preserved by investigation agencies. For a case terminated at the stage of investigation, the investigation agency shall decide on the handling. For a case terminated at the stage of prosecution, the procuracy shall decide on the handling. For a case terminated at the stage of adjudication, the court or trial panel shall decide on the handling.

4. The Government shall provide for the order, procedures, competence and funds for the receipt, collection, liquidation or destruction of handed-over weapons, explosives and supporting tools.