Chương 2 Pháp lệnh 16/2011/UBTVQH12: Quản lý, sử dụng vũ khí

Chapter II

MANAGEMENT AND USE OF WEAPONS

Article 12. Research into, and manufacture, production and repair of weapons

1. Research into, and manufacture, production and repair of weapons comply with the law on defense industry.

2. Research into, and manufacture, production and repair of weapons at establishments or enterprises of the Ministry of Public Security comply with regulations of the Government.

Article 13. Entities equipped with military weapons

1. People's Army.

2. People's Public Security Force.

3. Militia and Self Defense Forces.

4. Forest rangers, full-time anti smuggling customs forces and border-gale customs units.

5. Aviation security force.

6. The Government shall provide for types of military weapons to be equipped for the entities prescribed in Clauses 4 and 5 of this Article.

Article 14. Criteria of weapon users

1. Persons entitled to use weapons must satisfy the following criteria:

a/ Possessing good quality and morality;

b/ Being physically fit;

c/ Being professionally trained and periodically examined in weapon use.

2. Weapon users outside the armed forces must, apart from the criteria specified in Clause I of this Article, have weapon use certificates granted by competent agencies.

Article 15. Procedures for equipment of military weapons

1. The procedures for equipping members of the People's Army and Militia and Self-Defense Forces with military weapons comply with regulations of the Minister of National Defense.

2. The procedures for equipping entities not managed by the Ministry of National Defense with military weapons are as follows:

a/ A written request for equipment with military weapons, clearly staling the demand, conditions, quantity and types of weapons already equipped, the quantity and types of weapons to be equipped for the agency, organization or unit, which bears the signature of a leader of the ministry or sector, it the requesting agency, organization or unit is at central level or of a leader of the provincial-level department or sector, if the requesting agency, organization or unit is at local level.

b/ A written request for equipment with military weapons for a ministry or central sector, which shall be sent to the Ministry of Public Security. A written request for equipment with military weapons for a provincial-level department or sector shall be sent lo the provincial-level Department of Public Security; after receiving such written request, the provincial-level Department of Public Security shall consider and report it to the Ministry of Public Security for decision;

c/ Within 10 working days after receiving a written request for equipment with military weapons, the Ministry of Public Security shall grant an equipment permit and issue a (taper of introduction and guide the requesting agency, organization or unit in carrying out the supply or transfer procedures, or transfer the case to the Ministry of National Defense for consideration and decision on the supply or transfer. In case of refusal, it shall issue a written reply clearly stating the reason.

Article 16. Grant and withdraw al of military weapon use permits

1. The procedures for grant and withdrawal of military weapon use permits applicable to entities within the People's Army or Militia and Self-Defense Forces comply with regulations of the Minister of National Defense.

2. The procedures for grant and withdrawal of military weapon use permits applicable to entities not managed by the Ministry of National Defense are as follows:

a/ Within 10 working days after being supplied or transferred will) military weapons, the equipped agency, organization or unit shall carry out the procedures to apply for a military weapon use permit. A dossier of application for a military weapon use permit comprises an application for a military weapon use permit, made by the equipped agency, organization or unit: the Ministry of Public Security's permit for equipment of military weapons; invoices-cum-ex-warehousing bills, issued by the military weapon supplier or transferor clearing slating the quantity, type, serial number, sign number of every military weapon; the paper of introduction and the people's identity card or people's public security identity card of the person appointed by such agency, organization or unit to carry out the procedures;

b/ A central agency, organization or unit equipped with military weapons shall submit a dossier of application for a military weapon use permit to the Ministry of Public Security. A local agency, organization or unit equipped with military weapons shall submit a dossier of application for a military weapon use permit to the provincial-level Department of Public Security;

c/ Within 10 working days after receiving an application dossier, the competent public security office shall consider and grant a military weapon use permit to the applicant;

d/ The military weapon use permit is valid for 5 years and shall only be granted to an equipped agency, organization or unit. If expired or lost, a permit will be re-granted. A torn permit may be changed. This permit shall be withdrawn when its holder dissolves.

Article 17. Entities to be equipped with sports weapons

1. Units of the People's Army, the People's Public Security and Militia and Self-Defense Forces.

2. Sport clubs, schools and training centers.

3. Defense-security education centers.

4. Other organizations that need to be equipped with sports weapons for sports practice and competitions, which are established and operate under licenses issued by competent state agencies.

Article 18. Procedures for equipment with sports weapons

1. A dossier of request for equipment with sports weapons comprises:

a/ A competent state agency's decision on the establishment of the requesting organization or unit. For sports establishments operating as enterprises, the business registration certificate is required;

b/ A written request for equipment with sports weapons of an organization or a unit prescribed in Clause 1, 2 or 3, Article 17 of this Ordinance approved by its direct managing agency, which must clearly state the quantities and types of sports weapons already equipped and to be additionally equipped.

For the organizations prescribed in Clause 4. Article 17 of this Ordinance, the written request must clearly state the demand for, purposes, quantity and types of sports weapons to be equipped. It must be approved by the superior managing agency.

2. Places for submission of dossiers of request for equipment of sport weapons:

a/ Local organizations and units requesting equipment of sports weapons shall submit their dossiers of request to provincial-level People's Committees.

Within 10 working days after receiving a dossier of request for equipment of sports weapons, the provincial-level People's Committee shall consider and report it to the Ministry of Culture. Sports and Tourism;

b/ Central organizations and units requesting equipment of sports weapons shall submit their dossiers of request to the Ministry of Culture, Sports and Tourism.

3. Within 10 working days after receiving a report of the provincial-level People's Committee, proposing the equipment of sports weapons or a dossier of request from a central organization or unit, the Ministry of Culture, Sports and Tourism shall consider and decide to permit the equipment of sports weapons, clearly slating the quantity, type, sign and serial number of every sports weapon: in ease of refusal, it shall issue a written reply clearly staling the reason.

Article 19. Grant and withdrawal of sports weapon use permits

1. The procedures for grant and withdrawal of sports weapon use permits applicable to entities within the People's Army and Militia and Self-Defense Forces comply with regulations of the Minister of National Defense.

2. The procedures for grant and withdrawal of sports weapon use permits applicable to entities not managed by the Ministry of National Defense are as follows:

a/ Within 10 working days after receiving spoils weapons, the equipped organization or unit shall carry out procedures lo apply for a sports weapon use permit. A dossier of application for a sports weapon use permit comprises an application for a sports weapon use permit, made by the equipped organization or unit; the decision of the Minister of Culture. Sports and Tourism permitting equipment of sports weapons, papers evidencing the lawful origin of sports weapons; and paper of introduction and people's identity card or people's public security card of the person appointed by the organization or unit to carry out the procedures;

b/ Central organizations and units equipped with spoils weapons shall submit their dossiers of application for sport weapon use permits to the Ministry of Public Security. Local organizations and units equipped with sports weapons shall submit their dossiers of application for sports weapon use permits to provincial-level Departments of Public Security;

c/ Within 10 working days after receiving the dossiers of application, competent public security offices shall consider and grant sports weapon use permits to the equipped organizations or units;

d/ The sports weapon use permit is valid for 5 years and shall be only granted lo an equipped organization or unit. If expired or lost, a permit may be re-granted; a torn permit may be changed; and a permit shall be with drawn when its holder dissolves.

Article 20. Import of military weapons and sports weapons

1. The import of military weapons and spoils weapons must be based on demands and use purposes. Imported military weapons and sports weapons must meet technical requirements and bear serial numbers, signs, types, name of country of manufacture and year of manufacture.

2. Competence to decide on the import of military weapons and sports weapons:

a/ The Prime Minister shall decide on the import of military weapons for equipment of the People's Army and Militia and Self-Defense Forces at the proposal of the Minister of National Defense;

b/ The Prime Minister shall decide on the import of military weapons for equipment of other entities at the proposal of the Minister of Public Security;

c/ The Prime Minister shall decide on the import of sport weapons at the proposal of the Minister of Culture. Sports and Tourism after reaching agreement with the Minister of National Defense and the Minister of Public Security.

Article 21. Transport of military weapons and sports weapons

1. Transport of military weapons and sports weapons must comply with the following provisions:

a/ Being under operation orders, transport orders or permits for transport of military weapons or sports weapons, which are issued by competent authorities;

b/ Being kept secret and ensuring safety;

c/ The transport of great quantities of weapons or dangerous weapons must be carried out by specialized means of transport;

d/ Not transporting military weapons, sports weapons and people on a same means of transport, except persons responsible for the transport;

e/ Not stopping or parking vehicles at crowded places, residential areas or places of important defense, security, economic, cultural or diplomatic works. If overnight stay is needed or an incident occurs while security guards are insufficient, such must be immediately notified to the nearest military office or public security office for coordinated protection.

2. The Minister of National Defense shall provide for dossiers, and the order and procedures for the grant of operation orders, orders for transport of military weapons, sports weapons to entities within the People's Army and Militia and Self-Defense Forces.

3. Competent public security offices shall grant permits for transport of military weapons or sports weapons to entities not managed by the Ministry of National Defense according to the following procedures:

a/ A dossier of application for a permit for transport of military weapons or sports weapons comprises the application of the agency, organization or unit, clearly staling the quantity and types of military weapons or sports weapons to be transported: places of departure, destination, time and transportation routes: full names and addresses of persons responsible for the transport and of drivers: license plate numbers of the means of transport: and the paper of introduction and people's identity card or people's public security identity card of the person appointed by the agency, organization or unit to carry out the procedures;

b/ Central agencies, organizations and units shall submit their dossiers of application for permits for transport of military weapons or sports weapons to the Ministry of Public Security. Local agencies, organizations and units shall submit their dossiers of application for permits for transport of military weapons or sport weapons to provincial-level Departments of Public Security;

c/ Within 5 working days after receiving the dossiers, competent public security offices shall consider and grant permits to the applicants; if refusing to grant a permit, they shall issue a written reply clearly staling the reason.

Article 22. Provisions on opening of fire

1. When protecting the national security, the opening of fire by the People's Army and Militia and Self-Defense Forces complies with regulations of the Minister of National Defense, the opening of fire by the People's Public Security Force complies with regulations of the Minister of Public Security.

2. When maintaining security and order in an organized manner, the opening of fire must follow orders of competent persons. When performing the duty independently, the opening of fire must comply with the following principles;

a/ To decide on the opening of fire based on each circumstance, nature and extent of dangerous acts of subjects:

b/ Only to open fire when there is no alternative to stop acts of subjects and subjects disobey warnings. If untimely opening of fire will directly threaten the lives and health of one's own or other persons or may cause other especially serious consequences, to open fire immediately;

c/ Not to open fire on subjects when clearly realizing that they are women, disabled persons or children, unless they use weapons or explosives to attack or resist, thus threatening the lives or health of persons on duty or other persons;

d/ In all cases of opening fire, gun users should limit (he damage caused by the opening of fire.

3. Cases of fire opening include:

a/ Subjects are using force, weapons or explosives directly threatening the lives of persons on duty or other persons;

b/ Subjects are using weapons or explosives to attack or threaten the safety of important works related to national security or important targets protected under law;

c/ Subjects are seizing guns of persons on duty;

d/ Subjects are using weapons to cause public disorder, which may cause very serious or especially serious consequences;

e/ Subjects are rescuing persons who are detained or escorted due to their especially serious crimes or dangerous recidivism: persons who are detained, held in custody, escorted due to their especially serious crimes are escaping or resisting;

f/ To be allowed to fire on road motor vehicles or inland waterway craft in order to stop them in the following cases, except those of foreign diplomatic missions, consulates and represen­tative offices of international organizations;

Drivers of such vehicles or craft attack or directly threaten the lives of persons on duty or other persons;

Clearly knowing that such vehicles or craft are operated by criminals and deliberately fleeing, unless there are passengers or hostages on board;

Clearly knowing that the deliberately fleeing vehicles, or craft are carrying criminals or illegally transported weapons, explosives, reactionary documents, stale secrets, drugs of great volume, especially rare and precious assets or national treasures, unless there are passengers or hostages on board;

g/ Animals threatening the lives and health of persons on duty or other persons.

4. Persons assigned to use guns shall not bear responsibility for damage when they open fire in accordance with this Article and other relevant laws.

Article 23. Entities to be equipped with rudimentary weapons

1. The entities defined in Articles 13 and 17 of this Ordinance.

2. Inspection teams of the market control force: full-time security boards or teams of agencies, organizations, enterprises and security service enterprises: civil judgment enforcement offices.

3. Other entities prescribed by law.

4. The Minister of National Defense shall provide for the equipment of rudimentary weapons by the People's Army and Militia and Self Defense forces. The Minister of Public Security shall provide for the equipment of rudimentary weapons by the People's Public Security and assume the prime responsibility for, and coordinate with concerned ministers and heads of ministerial-level agencies in, providing for the equipment of rudimentary weapons by other entities.

Article 24. Use of rudimentary weapons

1. Use of rudimentary weapons in protecting the national security and maintaining social order and safety, protecting the lives and health of individuals, assets of the State, collectives or individuals, or for legitimate self-defense must ensure safety, proper subjects and proper purposes.

2. The Minister of National Defense shall provide for the use of rudimentary weapons by entities within the People's Army and Militia and Self-Defense Forces. The Minister of Public Security shall provide for the use of rudimentary weapons by entities within the People's Public Security, and other entities.