Chương 4 Pháp lệnh 16/2011/UBTVQH12: Quản lý, sử dụng công cụ hỗ trợ

Chapter IV

MANAGEMENT AND USE OF SUPPORTING TOOLS

Article 29. Research into, and manufacture, production and repair of supporting tools

1. Research into, and manufacture, production and repair of supporting tools shall be carried out at establishments or enterprises of the Ministry of Public Security or the Ministry of National Defense.

2. In case establishments or enterprises of the Ministry of Public Security or the Ministry of National Defense cannot undertake the research, production or repair, bidding or goods order placement can be applied at qualified establishments or enterprises under regulations of the Government,

3. Home-made supporting tools must be fixed with serial numbers, signs, name of country of manufacture, name of production establishment, year of production, expiry date and category.

4. The Minister of Public Security and the Minister of National Defense shall specify the management of establishments researching into, manufacturing, producing and repairing supporting tools.

Article 30. Entities to be equipped with supporting tools

1. Supporting tools shall be equipped for entities prescribed by law.

2. For other entities that need to be equipped with supporting tools, the Minister of Public Security shall, based on the nature and requirements of their tasks, assume the prime responsibility for and coordinate with concerned ministers or heads of ministerial-level agencies in. submitting the cases to the Prime Minister for decision.

3. The Minister of National Defense shall provide for equipment of the People's Army and Militia and Sell-Defense Forces with supporting tools. The Minister of Public Security shall provide for equipment of the People's Public Security with supporting tools, and assume the prime responsibility for, and coordinate with concerned ministers and heads of ministerial-level agencies in. providing for equipment of other entities with supporting tools.

Article 31. Transport of supporting tools

1. Transport of supporting tools must ensure safety strictly according to regulations of the Minister of National Defense or the Minister of Public Security.

2. Transport of supporting tools in great quantity or of dangerous types must comply with the following provisions:

a/ There must be operation orders, transport orders or transport permits issued by competent authorities prescribed by the Minister of National Defense or the Minister of Public Security;

b/ It must he kept secret and safe;

c/ It is carried out by specialized means;

d/ Not to carry supporting tools and people on a same means, except persons responsible for the transport;

e/ Not to stop or park vehicles at crowded places, population areas or places with important defense, security, economic, cultural or diplomatic works. If overnight stay or long stop on road is required due to an incident, when security guards are inadequate for protection, this must be immediately notified to the nearest military or public security offices for coordinated protection.

Article 32. Import, export and trading of supporting tools

1. The import, export and trading of supporting tools shall be undertaken by establishments or enterprises of the Ministry of Public Security or the Ministry of National Defense, and qualified organizations or enterprises as prescribed by the Prime Minister.

2. Imported, exported and traded supporting tools must satisfy the requirements on standards and technical norms: name of manufacturing country, manufacturer, year of manufacture, expiry date, type and sign on each supporting tool.

Based on annual demands of the entities prescribed in Clauses 1 and 2. Article 30 of this Ordinance, the Minister of National Defense shall decide on the import of supporting tools for equipment of the People's Army and Militia and Self-Defense Forces: the Minister of Public Security shall decide on the import of supporting tools for equipment of entities not managed by the Ministry of National Defense.

Export of supporting tools shall he considered and decided by the Minister of National Defense or the Minister of Public Security.

3. Dealing in supporting tools

a/ Establishments, enterprises and organizations dealing in supporting tools must meet the conditions on security and order;

b/ Only to transfer and sell supporting tools to entities permitted to be equipped under this Ordinance.

Article 33.Use of supporting tools

1. Persons assigned to use supporting tools may, when on duty, use supporting tools in the following cases:

a/ The cases prescribed in Clause 3, Article 22 of this Ordinance;

b/ Stopping persons who arc directly threatening the lives or health of others;

c/ Arresting people under law;

d/ Exercising legitimate self-defense under law.

2. The Minister of Public Security shall provide for the use of each type of supporting tools.