Chương II Luật Quản lý, sử dụng vũ khí, vật liệu nổ và công cụ hỗ trợ 2017: Quản lý, sử dụng vũ khí

Chapter II

MANAGEMENT AND USE OF WEAPONS

Article 17. Research into, manufacture, trading, import, export and repair of weapons

1. Organizations affiliated to the Ministry of National Defense and Ministry of Public Security are allowed to research into, manufacture, trade in, import, export and repair weapons.

2. Other organizations only are allowed to research into, manufacture and repair weapons in case of eligibility.

3. The Government shall provide detailed guidance on this Article.

Article 18. Entities equipped with military weapons

1. The following entities are equipped with military weapons:

a) Vietnam People’s Army;

b) Vietnam Civil Defense Force;

c) Vietnam Coast Guards

d) Vietnam People's Public Security

dd) Cipher force;

e) The investigating authority affiliated to People’s Supreme Procuracy;

g) Foresters and Vietnam Fisheries Resources Surveillance;

h) Aviation security force;

i) Customs officers working at border checkpoints and specialized forces carrying out tasks of anti-smuggling affiliated to Vietnam Customs.

2. According to features, requirements and missions, the Minister of National Defense shall stipulate the equipment of military weapons for personnel of Vietnam People’s Army, Vietnam Civil Defense Force, Vietnam Coast Guard and cipher force under the management of the Ministry of National Defense.

3. According to the features, requirements and missions, the Minister of Public’s Security shall stipulate the equipment of military weapons for entities not under the management of the Ministry of National Defense.

Article 19. Types of military weapons provided for the cipher force, the investigating authority affiliated to People’s Supreme Procuracy, Foresters and Vietnam Fisheries Resources Surveillance, aviation security force, customs officers working at border checkpoints and specialized forces carrying out anti-smuggling mission affiliated to Vietnam Customs

1. Cipher force, the investigating authority affiliated to People’s Supreme Procuracy and aviation security force shall be equipped with handguns and their ammunition.

2. Foresters and customs officers working at border checkpoints and specialized forces carrying out tasks of anti-smuggling shall be equipped with handguns, SMGs and their ammunition.

3. Vietnam Fisheries Resources Surveillance shall be equipped with handguns, SMGs, LMGs, HMGs and machine guns whose diameter of barrel is not more than 14.5mm and their ammunition.

4. The equipment of military weapons other than those prescribed in Clause 1, 2 and 3 of this Article in case of necessity shall be decided by the Prime Minister.

Article 20. Procedures for being equipped with military weapons

1. Procedures for being equipped with military weapons applying to persons not under the management of the Ministry of National Defense shall be specified as follows:

a) An application shall consist of an application form made by the applicant and specifying reasons, demands, conditions, types and quality of weapons, written approval issued by heads of ministries; a copy of decision on establishment of the applicant; a letter of introduction enclosed with a copy of ID card, passport or police ID card of the addressing person;

b) An application containing the documents prescribed in Point a of this clause shall be submitted to the competent authority assigned by the Minister of Public Security.

c) Within 5 working days from the day on which the adequate application is received, the police authority shall issue the license to be equipped with military weapons and instruct the applicant to equip these weapons or send a written explanation to the applicant in case of refusal to issue the license.

d) The period of license to be equipped with military weapons shall be 30 days.

2. Procedures for providing military weapons for personnel of Vietnam People’s Army, Vietnam Civil Defense Force, Vietnam Coast Guards and cipher force under the management of the Ministry of National Defense shall comply with regulations issued by the Minister of National Defense.

Article 21. Procedures for issuance of licenses to use military weapons

1. Procedures for issuance of licenses to use military weapons to persons that are not under the management of the Ministry of National Defense shall be specified as follows:

a) An application for the license to use military weapons shall consist of an application form specifying the quantity, types, producing country, trademark, number and symbol of each type of military weapon; a copy of license to be equipped with military weapons; a copy of the invoice or stock issued docket; a copy of decision on establishment of the applicant; a letter of introduction enclosed with a copy of ID card, passport or police ID card of the person submitting the application;

b) An application for replacement or reissuance the license to use military weapons shall consist of an application form specifying the quantity, types, producing country, trademark, number and symbol of each type of military weapon; a letter of introduction enclosed with a copy of ID card, passport or police ID card of the person submitting the application If the license to use military weapons is lost or damaged, the application shall consist of a written explanation for this loss or damage and handling results;

c) An application containing the documents prescribed in Points a or b of this Clause shall be submitted to the police authority assigned by the Minister of Public Security

d) Within 10 working days from the day on which the adequate application is received, the police authority shall conduct a site inspection and issue the license to use military weapons or send a written explanation to the applicant in case of refusal to issue the license.

dd) A license to use military weapons shall only be issued to equipped authorities and unit and be valid within 05 year. A license to use military weapons shall be replaced in case of expiry and reissued in case of loss or damage.

2. Procedures for issuance of licenses to use military weapons to personnel of the Vietnam People’s Army, Vietnam Civil Defense Force, Vietnam Coast Guard and cipher force under the management of the Ministry of National Defense shall comply with regulations issued by the Minister of National Defense.

Article 22. Principles of use of military weapons

1. The use of military weapons for carrying out military mission, national defense and national protection shall comply with regulations of law on national defense.

2. The use of military weapons for ensuring security and social order and safety shall comply with the following principles:

a) The use of military weapons shall be decided according to circumstances, properties and threat posed by the suspect;

b) Military weapons shall only be used if there is no measure to suppress the suspect and the suspect ignores the warning. Military weapon will be used immediately if the untimely use of these military weapons jeopardizes lives and health of law enforcement officers or other people or causes extremely serious consequences.

c) Military weapon shall not be used in case the suspect is a woman, disabled person, child or old person unless the suspect uses weapons and/or explosives for attacking, resisting or threatening lives and health of law enforcement officers or other people;

d) In all cases, the users of military weapons shall limit the damage caused by these weapons.

3. The use of military weapons for carrying out independent missions shall comply with regulations of Clause 2 of this Article and Article 23 of this Law and other relevant regulations of law.

The use of military weapons for carrying out organized missions shall comply with the competent people's orders. The people issuing orders shall comply with regulations in Clause 2 of this Article and Article 23 of this Law and other relevant regulations of law and take responsibility for their decisions.

4. People assigned to use military weapons shall not take responsibility for damage if they comply with regulations in Clause 3 of this Article. If a person uses military weapons beyond the justified force in self-defense, causes obvious damage beyond the urgent circumstances or abuses the use of military weapons for violating human lives and health, legal rights and interests of an organization or individual, he/she shall be dealt with in accordance with regulations of law.

Article 23. Cases in which gunfire is allowed to ensure the security and order

1. A person carrying out an independent mission shall give warning in acts, verbal orders or warning shot before shooting at the suspect if:

a) The subject is using weapons, explosives, force or other tools for attacking, resisting or threatening lives and health of law enforcement officials or other people;

b) The suspect is using weapons, explosives, force or other tools for disturbing the public order and threatening the lives, health and property of other people;

c) The person who is being sought, arrested or detained in case of emergency or person who is temporarily detained, escorted, sentenced or imprisoned is resisting and threatening the lives and health of law enforcement officials or other people; the suspect is rescuing people who are subject to coercive delivery or forced escort, imprisoned or detained due to serious crimes, committing very serious crimes, extremely serious crimes or dangerous recidivism;

d) It is clear that the suspect is committing a serious crime, very serious crime or extremely serious crime; and

dd) A person carrying out an independent mission is allowed to shoot at a road vehicle or vehicle of inland waterway traffic, except for those of diplomatic missions, foreign consuls, representatives of international organizations, to stop this vehicle if the person driving this vehicle attacks or directly threatens the lives and health of law enforcement officials or other people; or it is clear that the vehicle driven by this person is deliberately run away unless there are people or hostages on this vehicle or it is clear that the vehicle carrying crimes, illegal weapons or explosives, reactionary documents, narcotics or national precious objects deliberately run away unless there are people or hostages on this vehicle.

2. A person carrying out an independent mission is allowed to shoot at a suspect without warning if:

a) The suspect is using weapons and explosives for directly terrorizing, killing people, taking hostages or is directly using these weapons and explosives for resisting arrest as soon as completing his/her crime.

b) The suspect that produces, trades in, storages, transports or organizes the illegal use of narcotics directly uses weapons or explosives for resisting arrest;

c) The suspect is using weapons or explosives for directly attacking or threatening the safety of the VIP, important works of national security and important targets protected in accordance with regulations of law

d) The suspect is using weapons, explosives or force for directly threatening lives and health of law enforcement officials or other people;

dd) The suspect is directly robbing law enforcement officials of their guns; and

e) A person carrying out an independent mission is allowed to shoot at animals directly threatening lives and health of law enforcement officials or other people;

Article 24. Entities equipped with sporting weapons

1. The following entities are equipped with sporting weapons:

a) Vietnam People’s Army;

b) Vietnam Civil Defense Force;

c) Vietnam People's Public Security

d) Sporting clubs and providers of training in sports that have obtained operating licenses;

dd) Centers for national defense and security education;

e) Other authorities and organizations that are established and issued with operating licenses related sport training and competitions.

2. According to the properties, requirements and missions, the Minister of Public’s Security shall stipulate the equipment of sporting weapons for the personnel of the Vietnam People’s Army, Vietnam Civil Defense Force, centers for national defense and security education and sporting clubs and providers of training in sports under the management of the Ministry of National Defense.

3. According to the properties, requirements and missions, t he Minister of Public’s Security shall stipulate the equipment of military weapons for persons not under the management of the Ministry of National Defense after reaching agreements with the Minister of Culture, Sport and Tourism.

Article 25. Procedures for being equipped with sporting weapons

1. Procedures for being equipped with sporting weapons applying to entities that are not under the management of the Ministry of National Defense shall be specified as follows:

a) An application shall consist of an application form specifying demands, conditions, types and quantity of equipped weapons, a written consent to the provision of sporting weapons issued by the competent authority assigned by the Minister of Culture, Sports and Tourism; a copy of a decision on establishment, operating license or enterprise registration certificate; a letter of introduction enclosed with a copy of ID card, passport or police ID card of the person submitting the application;

b) The application prescribed in Point a of this clause shall be made in a set and submitted to the competent authority assigned by the Minister of Public Security.

c) Within 5 working days from the day on which the adequate application is received, the police authority shall issue the license to be equipped with sporting weapons and instruct the applicant to equip these weapons or send a written explanation to the applicant in case of refusal to issue the license;

d) The period of license to be equipped with sporting weapons shall be 30 days.

2. Procedure for being equipped with sporting weapons applying to the personnel of the Vietnam People’s Army, Vietnam Civil Defense Force, centers for national defense and security education and sporting clubs and providers of training in sports under the management of the Ministry of National Defense shall comply with regulations issued by the Minister of National Defense

Article 26. Procedures for issuance of licenses to use sporting weapons

1. Procedures for issuance of licenses to use the sporting weapons prescribed in Point a Clause 5 Article 3 of this Article applying to entities that are not under the management of the Ministry of National Defense shall be specified as follows:

a) An application for the license to use sporting weapons shall consist of an application form specifying the quantity, types, producing country, trademark, number and symbol of each type of sporting weapon; a copy of license to be equipped with sporting weapons; a copy of the invoice or stock issued docket; a document proving the legal origins of sporting weapons; a letter of introduction enclosed with a copy of ID card, passport or police ID card of the person submitting the application;

b) An application for replacement or reissuance license to use sporting weapons shall consist of an application form specifying the quantity, types, producing country, trademark, number and symbol of each type of sporting weapon; a letter of introduction enclosed with a copy of ID card, passport or police ID card of the person submitting the application; If the license to use sporting weapons is lost or damaged, the application shall consist of a written explanation for this loss or damage and handling results;

c) An application containing the documents prescribed in Point a or b of this Clause shall be submitted to the police authority assigned by the Minister of Public Security;

d) Within 10 working days from the day on which the adequate application is received, the police authority shall conduct a site inspection and issue the license to use sporting weapons or send a written explanation to the applicant in case of refusal to issue the license.

dd) A license to use sporting weapons shall only be issued to a qualified organization or unit and its period shall be 05 years. A license to use sporting weapons shall be replaced in case of expiry and reissued in case of loss or damage.

2. The sporting weapons prescribed in Point b Clause 5 Article 3 of this Law shall be declared in accordance with regulations in Point a Clause 1 Article 30 of this Law.

3. Procedure for issuance of licensing for using sporting weapons applying to the personnel of the Vietnam People’s Army, Vietnam Civil Defense Force, centers for national defense and security education and sporting clubs and providers of training in sports under the management of the Ministry of National Defense shall comply with regulations issued by the Minister of National Defense.

Article 27. Use of sporting weapons

1. Sporting weapons shall be used in sport training and competitions at shooting ranges or place of organization. The use of sporting weapons shall be warned and ensure the safety and comply with lesson plans for training, sports rules and regulations.

2. Sporting weapons shall be under inspections of safety before, during and after the sports training and competitions.

3. Sporting weapons shall be provided to athletes, coaches, learners or members of the entities prescribed in Clause 1 Article 24 of this Law for sports training and competitions at places of training and competitions.

Article 28. Entities equipped with cold weapons

1. The following entities are equipped with cold weapons:

a) Vietnam People’s Army;

b) Vietnam Civil Defense Force;

c) Vietnam Coast Guards

d) Vietnam People's Public Security

dd) Cipher force;

e) Foresters and Vietnam Fisheries Resources Surveillance;

g) Aviation security force;

h) Customs officers working at border checkpoints and specialized forces carrying out tasks of anti-smuggling affiliated to customs to Vietnam Customs.

i) Sporting clubs and providers of training in sports that have obtained operating licenses;

k) Centers for national defense and security education;

2. According to properties, requirements and missions Minister of Public’s Security shall stipulate the equipment of cold weapons for the personnel of the Vietnam People’s Army, Vietnam Civil Defense Force, Vietnam coast guard, centers for national defense and security education, cipher force and sporting clubs and providers of training in sports under the management of the Ministry of National Defense.

3. According to properties, requirements and missions, the Minister of Public’s Security shall stipulate the equipment of cold weapons for entities not under the management of the Ministry of National Defense.

Article 29. Procedures for being equipped with cold weapons

1. Procedures for providing cold weapons for entities that are not under the management of the Ministry of National Defense shall be specified as follows:

a) An application shall consist of an application form specifying demands, conditions, types and quantity of cold weapons to be equipped, a copy of a decision on establishment or ERC; a letter of introduction enclosed with a copy of ID card, passport or police ID card of the person submitting the application;

b) The application containing the documents prescribed in Point a of this Clause shall be submitted to the police authority assigned by the Minister of Public Security.

c) Within 3 working days from the day on which the adequate application is received, the police authority shall issue the license to be equipped with cold weapons or send a written explanation to the applicant in case of refusal to issue the license.

d) The period of a license to be equipped with cold weapons shall be 30 days.

2. Procedures for being equipped with cold weapons applying to personnel of the Vietnam People’s Army, Vietnam Civil Defense Force, Vietnam coast guard, centers for national defense and security education, cipher force and sporting clubs and providers of training in sports under the management of the Ministry of National Defense shall comply with regulations issued by the Minister of National Defense.

Article 30. Procedures for declaring cold weapons

1. Procedures for declaring cold weapons applying to entities that are not under the management of the Ministry of National Defense shall be specified as follows:

a) After organizations are equipped with cold weapons, they shall go through procedures for declaring these weapons at the police authorities issuing licenses for being equipped with cold weapons. An application for declaring cold weapons shall consist of an application form specifying the quantity, types, producing country, trademark, number and symbol (if any) of each type of rudimentary weapon; a copy of the license to be equipped with cold weapons; a copy of the invoice or stock issued docket; a letter of introduction enclosed with a copy of ID card, passport or police ID card of the person submitting the application; Within 03 working days from the day on which the adequate application is received, the police authority issuing licenses for being equipped with cold weapons shall notify the confirmation of declaration of cold weapons to the applicant;

b) Collectives and individual using cold weapons for displays and exhibitions or heirlooms shall declare them to police of communes, wards and towns where their headquarters are located or where they reside. An application for declaring cold weapons shall consist of an application form, documents proving origins of these weapons (if any); a letter of introduction enclosed with a copy of ID card, passport or police ID card of the person submitting the application; Within 03 working days from the day on which the adequate application is received, the police of the commune, ward and towns shall notify the confirmation of declaration of cold weapons to the applicant;

2. Procedures for declaring cold weapons applying to entities under the management of the Ministry of National Defense shall comply with regulations issued by the Minister of National Defense.

Article 31. Use of cold weapons

1. A person assigned to use cold weapons shall comply with regulations in Clause 2 Article 22 of this Law and is allowed to use these weapons if:

a) One of the cases prescribed in Clause 23 of this Article occurs;

b) The cold weapons are used for preventing a suspect from threatening lives and health of another person;

c) The cold weapons are used in case of justified self-defense or emergency as prescribed by law.

2. People assigned to use cold weapons shall not take responsibility for damage cause by the use of cold weapons if they comply with regulations of this Article and other relevant regulations of law. If a person uses military weapons beyond the justified force in self-defense, causes obvious damage beyond the urgent circumstances, abuses the use of military weapons for violating human lives and health, legal rights and interests of an organization or another person, he/she shall be dealt with in accordance with regulations of law.

Article 32. Procedures for issuance of licenses to purchase weapons

1. An organization affiliated to the Ministry of Public Security that is allowed to produce and trade in weapons shall prepare an application consisting of:

a) An application form which specifies quantity and types of weapons; name and address of the seller;

b) A letter of introduction enclosed with a copy of the ID card, passport or Police ID card the applicant.

2. An application containing the documents prescribed in Clause 1 of this Article shall be submitted to the police authority assigned by the Minister of Public Security. Within 5 working days from the day on which the adequate application is received, the police authority shall issue the license to purchase weapons or send a written explanation to the applicant in case of refusal to issue the license. The period of a license to purchase weapons shall be 30 days.

3. Procedures for issuance of licenses to purchase weapons to organizations affiliated to the Ministry of National Defense and allowed to produce and trade in weapons shall comply with regulations issued by the Minister of National Defense.

Article 33. Transport of weapons

1. The transport of weapons shall comply with the following regulations:

a) Weapons shall only be transferred in case of an order for transporting weapons or a license to transport weapons issued by the competent authority;

b) The transport of weapons shall ensure secret and safety;

c) The transport of large quantity of weapons or dangerous weapons shall use specialized vehicles and satisfy conditions for fire prevention;

d) Weapons and people shall not be transported in a vehicle, except for people in charge of transporting weapons;

dd) Vehicles containing weapons shall not be stopped or parked in crowded places, residential areas or places where important works related to national defense, security, economy, culture and foreign affairs are located. The stop of vehicle due to the necessity of spending the night, incidents or lack of guards during the transport of weapons shall be notified to the nearest military or police authorities for cooperation in protection of weapons.

2. Procedures for issuance of licenses to transport weapons applying to entities that are not under the management of the Ministry of National Defense shall be specified as follows:

a) An application shall consist of an application form specifying the quantity, types, and origins of transported weapons; the place of departure, place of arrival, time and route of transport; full name and address of the person in charge of transporting weapons and the person driving the vehicle; the vehicle’s license plate; a letter of introduction enclosed with a copy of the ID card, passport or police ID card of the person submitting the application;

b) An application containing the documents prescribed in Point a of this Clause shall be submitted to the police authority assigned by the Minister of Public Security.

c) Within 5 working days from the day on which the adequate application is received, the police authority shall issue the license to transport weapons or send a written explanation to the applicant in case of refusal to issue the license.

d) The period of a license to transport weapons shall be 30 days. A license to transport weapons shall only apply to a shipment. Within 07 day from the day on which the transport of weapon is completed, the license to transport weapons shall be returned to the licensing authority.

3. Procedures for issuance of orders for transporting weapons applying to entities under the management of the Ministry of National Defense shall comply with regulations issued by the Minister of National Defense.

Article 34. Procedures for issuance of licenses to repair weapons

1. Procedures for issuance of licenses to repair weapons applying to entities that are not under the management of the Ministry of National Defense shall be specified as follows:

a) An application for the license to repair weapons shall consist of an application form specifying types, trademark, number and symbol of each type of repaired weapons; quantity and parts of weapons to be repaired; establishments repairing weapons; place and time of repair; a letter of introduction enclosed with a copy of ID card, passport or police ID card of the person submitting the application;

b) An application containing the documents prescribed in Point a of this Clause shall be submitted to the police authority assigned by the Minister of Public Security.

c) Within 5 working days from the day on which the adequate application is received, the police authority shall issue the license to repair weapons or send a written explanation to the applicant in case of refusal to issue the license.

2. Procedures for issuance of licenses to transport weapons applying to entities under the management of the Ministry of National Defense shall comply with regulations issued by the Minister of National Defense.

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