Thông tư 75/2024/TT-BCA ngày 15/11/2024 hướng dẫn Luật Quản lý, sử dụng vũ khí, vật liệu nổ và công cụ hỗ trợ do Bộ trưởng Bộ Công an ban hành

CIRCULAR

ELABORATING THE LAW ON MANAGEMENT AND USE OF WEAPONS, EXPLOSIVE MATERIALS, AND COMBAT GEARS

Pursuant to the Law on Management and Use of Weapons, Explosive Materials, and Combat Gears dated June 29, 2024;

Pursuant to Decree No. 01/2018/ND-CP dated August 6 of 2018 of the Government on functions, tasks, powers, and organizational structures of Ministry of Public Security;

At request of Director of Police Department for Administrative Management of Social Order;

The Minister of Public Security promulgates Circular elaborating the Law on Management and Use of Weapons, Explosive Materials, and Combat Gears.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Circular prescribes entitlement to decision on quantity and type of weapons, combat gears permitted for transport into and out of the territory of the Socialist Republic of Vietnam; entitlement to issuance of license pertaining to weapons, explosive materials, explosive precursors, combat gears, notice of registered and declared combat gears; type of combat gears to be licensed for use or registered and declared; list of military weapons, sporting weapons, cold weapons, combat gears, and highly lethal knives; maintenance of weapons, explosive materials, and combat gears submitted or retrieved; procedures for combat gear registration and declaration; provision and use of military weapons, explosive materials, and combat gears; classification, maintenance, liquidation, and destruction of military weapons, explosive materials, and combat gears; training, management, and deployment of military animals; development, management, update, and utilization of database on weapons, explosive materials, explosive precursors, and combat gears; responsibilities in management and use of weapons, explosive materials, combat gears and statistics and reports.

2. This Circular does not prescribe the provision, management, and use of weapons, explosive materials, explosive precursors, and combat gears under management of the Ministry of National Defense; management and use of industrial explosive materials and explosive precursors under management of the Ministry of Industry and Trade.

Article 2. Regulated entities

This Circular applies to agencies, organizations, enterprises, and individuals related to management and use of weapons, explosive materials, explosive precursors, and combat gears.

Article 3. Entitlement to decision on quantity and type of weapons, combat gears permitted for transport into and out of the territory of the Socialist Republic of Vietnam

1. The Director of Police Department for Administrative Management of Social Order shall decide the quantity and type of weapons, combat gears permitted for transport into and out of the territory of the Socialist Republic of Vietnam for sports training, competition, product display, exhibition, quotation, or use as props in cultural and art performances.

2. Police authorities assigned by the Minister of Public Security to develop programs, plans for transporting weapons and combat gears into and out of the territory of the Socialist Republic of Vietnam in accordance with Point c Clause 1 and Point c Clause 2 Article 11 of the Law on Management and Use of Weapons, Explosive Materials, and Combat Gears must enter into a written communication and agreement with the Police Department for Administrative Management of Social Order before requesting the Minister of Public Security to review and decide the quantity, type of weapons and combat gears transported into and out of the territory of the Socialist Republic of Vietnam.

Article 4. Entitlement to issuance of license pertaining to weapons, explosive materials, explosive precursors, combat gears, notice of registered and declared combat gears

1. The Director of the Department for Administrative Management of Social Order has the power to issue, re-issue licenses relating to weapons, explosive materials, explosive precursors, and combat gears; notice of registered and declared combat gears in respect of agencies, organizations, and enterprises, including:

a) License to trade combat gears;

b) License to procure weapons and combat gears;

c) License to transport weapons and combat gears into and out of the territory of the Socialist Republic of Vietnam;

d) License to export, import weapons and combat gears;

dd) License to receive weapons and combat gears;

e) License to provide, use, transport, and repair military weapons, military explosive materials, combat gears, notice of registered and declared combat gears for professional Departments, Command, academies, people’s public security education institutions affiliated to the Ministry of Public Security; prisons, reformatories, compulsory education establishments affiliated to Police Department for management of prisons, reformatories, compulsory education establishments;

g) License to provide, use, transport, repair military weapons, military explosive materials, combat gears, notice of registered and declared combat gears for entities under management of the Ministry of Public Security, including: Investigating bodies of the Supreme People’s Procuracy; airport security; essential forces not under management of the Ministry of National Defense; border customs authority; counter-smuggling specialized forces of customs authority; counter-narcotics forces of customs authority; forest ranger and fisheries surveillance forces affiliated to the Ministry of Agriculture and Rural Development; organizations and enterprises to which certificate of satisfaction of security and order conditions is issued by the Police Department for Administrative Management of Social Order;

h) License to provide, use, transport, and repair sporting weapons for entities affiliated to the Ministry of Public Security permitted to engage in sports training and competition: Vietnam Shooting Federation; Vietnam Traditional Martial Arts Federation; agencies, organizations affiliated to the Ministry of Culture, Sports and Tourism provided with sporting weapons for sports training and competition;

l) License to transport, revised license to transport industrial explosive materials, explosive precursors for industrial explosive materials and explosive precursors in-transit, exported, imported.

2. Director of Police Sub-departments for Administrative Management of Social Order, police authorities of provinces and central-affiliated cities (hereinafter referred to as “provincial police”) has the power to issue, re-issue licenses related to weapons, explosive materials, explosive precursors, combat gears; issue notice of registered and declared combat gears for agencies, organization, and enterprises, including:

a) License to provide, use, transport, and repair military weapons, military explosive materials, combat gears, notice of registered and declared combat gears for entities affiliated to provincial police, including: Professional departments, district police; commune police;

b) License to provide, use, transport, and repair military weapons, combat gears, notice of registered and declared combat gears for forest ranger and forestry surveillance forces affiliated to the Departments of Agriculture and Rural Development;

c) License to provide, use, transport, repair, and notice of registered, declared combat gears for entities under Points g, k, n, o, and p Clause 1 Article 52 of the Law on Management and Use of Weapons, Explosive Materials, and Combat Gears; specialized forest protection forces; forces in charge of inspection in fishery sector; forces in charge of inspection in transport sector; security forces of local agencies, organizations, enterprises permitted to be equipped with combat gears; security service providers to which certificate of satisfaction of security and order conditions is issued by the Police Sub-departments for Administrative Management of Social Order;

d) License to provide, use, transport, and repair sporting weapons for entities under Points dd, e, and g Clause 1 Article 24 of the Law on Management and Use of Weapons, Explosive Materials, and Combat Gears; entities affiliated to provincial police permitted to engage in sports training and competition;

dd) License to transport, revised license to transport industrial explosive materials, explosive precursors, except for entities under Point i Clause 1 of this Article. Where storage units are available and license to transport shall not be issued, Directors of Police Sub-departments for Administrative Management of Social Order of provincial police of provinces and cities where storage units are located shall sign registration form for reception of industrial explosive materials, explosive precursors.

Article 5. Types of combat gears for which licenses or notice of registered, declared combat gears is issued

1. License to use shall be issued to: Tasers, guns shooting asphyxiant gas, guns shooting poisons, tranquillizer guns, coilguns, net guns; rope launchers; guns using plastic bullets, guns using exploding bullets, guns using rubber bullets, tear gas, flares, tracers; stun batons, rubber batons, metal batons; electric gloves.

2. Notice of registered and declared combat gears shall be issued to combat gears that are not listed under Clause 1 of this Article.

Article 6. Lists of military weapons, sporting weapons, cold weapons, combat gears, and highly lethal knives

1. Lists of military weapons, sporting weapons, cold weapons, combat gears, and highly lethal knives are attached hereunder, including:

a) Appendix 1: List of military weapons under Point b Clause 2 Article 2 of the Law on Management and Use of Weapons, Explosive Materials, and Combat Gears;

b) Appendix 2: List of sporting weapons under Point a Clause 5 Article 2 of the Law on Management and Use of Weapons, Explosive Materials, and Combat Gears;

c) Appendix 3: List of cold weapons under Point a Clause 4 Article 2 of the Law on Management and Use of Weapons, Explosive Materials, and Combat Gears;

d) Appendix 4: List of combat gears under Point a and Point b Clause 11 Article 2 of the Law on Management and Use of Weapons, Explosive Materials, and Combat Gears;

dd) Appendix 5: List of highly lethal knives under Clause 6 Article 2 of the Law on Management and Use of Weapons, Explosive Materials, and Combat Gears.

2. Depending on state management demands from time to time, the Police Department for Administrative Management of Social Order is responsible for cooperating with relevant entities in studying, reviewing, and requesting the Minister of Public Security to review, decide amendment to the lists of military weapons, sporting weapons, cold weapons, combat gears, and highly lethal knives;

The Police Department for Administrative Management of Social Order shall report the import of sporting weapons, cold weapons, and combat gears not mentioned under Clause 1 of this Article to the Minister of Public Security.

Article 7. Maintenance of submitted and retrieved weapons, explosive materials, and combat gears

1. Police authority shall, upon receiving submitted heavy weapons, bombs, mines, grenades, flash bangs, torpedoes, naval mines, explosive materials, warheads, and artillery shells, transfer to military authority in accordance with Clause 2 Article 65 of the Law on Management and Use of Weapons, Explosive Materials, and Combat Gears.

2. Police authority, upon retrieving or receiving submitted weapons and combat gears other than those under Clause 1 of this Article, have the power to:

a) situate storage units and officials for management, maintenance of weapons and combat gears; promulgate regulations, security, protective, order, fire safety, and environmental protection measures for storage units;

b) conduct safety inspection of weapons and combat gears before admitting the weapons and combat gears to storage units;

c) store weapons and combat gears in storage units in a scientific manner by type, model, design characteristics; lock bolt, close the safety, or store separately in specialized storage units in respect of dangerous or combustible weapons, combat gears;

d) keep submitted and retrieved weapons, explosive materials, and combat gears in separate storage units from storage units of professional weapons, military explosive materials, and combat gears;

dd) produce records and logs of submitted, retrieved weapons and combat gears;

e) request officials in charge of management to report to heads of entities to take appropriate actions if weapons, combat gears in storage are missing or if storage units malfunction.

Article 8. Procedures for registration and declaration of combat gears

1. Application for registration and declaration of combat gears consists of: Written application which contains name, address of agency, organization, or enterprise, reason, quantity, model, manufacturing country, label, number, symbol of combat gears, combat gear provision license number; copies of invoices, storage withdrawal form or document proving legitimate origin. Where combat gears are military animals, the application shall also contain type, name, fur color, gender, training facility.

2. Application under Clause 1 of this Article shall be submitted to competent police authority under Article 4 hereof via National public service portal, information system for processing administrative procedures of the Ministry of Public Security, or via post service; if the application is submitted in person, the application shall also contain full name, personal identification number of passport number of persons submitting the application.

3. Within 7 working days from the date on which competent police authority receives adequate application, the competent police authority shall conduct physical inspection and issue notice of registered and declared combat gears; in case of rejection, the competent police authority shall respond and provide reasons for rejection in writing.

4. Agencies, organizations, and enterprises shall report missing, damaged beyond use, expired, or depleted combat gears that they are provided with to competent police authority that issues notice of registered and declared combat gears for monitor, management, or appropriate actions as per the laws.

Chapter II

PROVISION AND USE OF MILITARY WEAPONS, EXPLOSIVE MATERIALS, AND COMBAT GEARS

Section 1. PROVISION AND USE OF MILITARY WEAPONS, EXPLOSIVE MATERIALS, AND COMBAT GEARS IN PEOPLE’S PUBLIC SECURITY

Article 9. Entities provided with military weapons, explosive materials, and combat gears

1. Entities provided with military weapons and combat gears include:

a) Central departments and Commands affiliated to the Ministry of Public Security; people’s public security academies and education institutions;

b) Provincial police;

c) Prisons, detention centers, reformatories, compulsory education establishments; Professional training and advanced training centers of people’s public security;

d) Police of districts, communes, cities affiliated to provinces and central-affiliated cities (hereinafter referred to as “district police”);

dd) Commune police.

2. Entities provided with sporting weapons include:

a) People’s public security academies and education institutions;

b) Sports training and competition centers of people’s public security;

c) People’s public security professional training and advanced training centers that provide sports training and competition.

3. Entities under Points a, b, c, and d Clause 1 of this Article shall be provided with military explosive materials.

Article 10. Type and quantity of military explosive materials and combat gears provided

1. Entities under Points a, b, c, and d Clause 1 Article 9 hereof shall be provided with: Handguns, rifles, submachine guns, light machine guns, anti-tank guns, grenade propellers, heavy machine guns, mortars, DKZ rifles, anti-aircraft guns, ammunitions thereof; man-portable anti-tank rockets; attack helicopters; mines, grenades; combat gears; weapons under Point c Clause 1 Article 6 hereof.

2. Entities under Point dd Clause 1 Article 9 hereof shall be provided with: Handguns, rifles, submachine guns and ammunitions thereof; combat gears; weapons under Point c Clause 1 Article 6 hereof.

3. Entities under Clause 2 Article 9 hereof shall be provided with sporting weapons.

4. Depending on characteristics, demands, and tasks, police of all administrative divisions shall request the Minister of Public Security to provide additional military weapons, explosive materials, and combat gears in terms of quantity and type for entities under Article 9 hereof.

5. On an annual basis, police of all administrative divisions shall estimate type and quantity of military weapons, explosive materials, and combat gears for the following year in accordance with standards and norms, send to Department of Equipment and Storage for consolidation, and report to the Minister of Public Security before June 30.

Article 11. Entitlement to provision of military weapons, explosive materials, and combat gears

1. The Minister of Public Security shall decide the provision of military weapons, explosive materials, and combat gears for people’s public security forces.

2. The Director of Department of Equipment and Storage shall decide the additional provision of military weapons, explosive materials, and combat gears for police of all administrative levels upon receiving approval of the Minister of Public Security.

3. Depending on quantity and type of military weapons, explosive materials, and combat gears provided, heads of entities and directors of provincial police shall decide quantity and type of military weapons, explosive materials provided for entities under their management.

4. Where directors of provincial police wish to provide combat gears via funding sources of local government, directors of provincial police shall provide combat gears and conform to Article 53 of the Law on Management and Use of Weapons, Explosive Materials, and Combat Gears after reporting to the Department of Equipment and Storage for monitoring, management, and inclusion in property issue of people’s public security.

Article 12. Transfer of military weapons, explosive materials, and combat gears

1. Entitlement to transfer of military weapons, explosive materials, and combat gears:

a) The Minister of Public Security shall decide the transfer of military weapons, explosive materials, and combat gears between police forces of all administrative divisions in case of emergencies, threat to national security but not state of emergency;

b) In respect of cases other than Point a of this Clause, Director of Department of Equipment and Storage shall decide the transfer of military weapons, explosive materials, and combat gears between police forces of all administrative divisions after obtaining approval of Minister of Public Security;

c) Heads of local police shall decide the transfer of military weapons, explosive materials, and combat gears between entities under their management.

2. Once decision on transfer is issued, police forces of all administrative divisions shall transfer military weapons, explosive materials, and combat gears; produce transfer records that contain type, quantity, quality, model, manufacturing countries, attachments, accessories; prepare 2 copies of said records which are verified by transferring parties and receiving parties.

3. Police forces of all administrative divisions shall, upon receiving transferred military weapons, explosive materials, or combat gears, request competent police authorities to issue license to use and notice of registration and declaration as per the law. Police forces of all administrative divisions shall, upon transferring military weapons, explosive materials, or combat gears, submit license to use and notice of registration and declaration to issuing authority.

Article 13. Mobilization of military weapons, explosive materials, and combat gears

1. Entitlement to mobilization of military weapons, explosive materials, and combat gears:

a) The Minister of Public Security shall decide the mobilization of military weapons, explosive materials, and combat gears from Ministry of Public Security to other agencies, organizations, and entities outside of the police forces;

b) Director of Department of Equipment and Storage shall decide the mobilization of military weapons, explosive materials, and combat gears between police forces of all administrative divisions after reporting to and obtaining approval from the Minister of Public Security;

c) Heads of local police forces shall decide the mobilization of military weapons, explosive materials, and combat gears between entities under their management.

2. Once decision on mobilization is issued, police forces of all administrative divisions shall transfer military weapons, explosive materials, and combat gears, license to use, and notice of registration and declaration thereof; produce records of transfer that contain type, quantity, quality, model, manufacturing countries, attachments, accessories of the military weapons, explosive materials, and combat gears, and attach license to use, notice of registration and declaration; prepare 2 copies of said records which are verified by transferring parties and receiving parties.

3. After mobilization period according to mobilization decision ends, police forces of all administrative divisions shall transfer military weapons, explosive materials, and combat gears and license to use, notice of registration and declaration thereof; and produce records of transfer in accordance with Clause 2 of this Article.

Article 14. Use of military explosive materials

1. Commanding officers and individuals directly using military explosive materials in people’s public security must undergo training and advanced training regarding the use of military explosive materials and must obtain permission for use from competent authority:

2. Cases in which military explosive materials are used include:

a) Performance of national security, social order and safety protection duty;

b) Training, drill, sports competition, drill competition;

c) Emergencies, remediation of natural disasters.

3. Only military explosive materials provided and unexpired are allowed for use; safety and environmental protection shall be guaranteed at all time during use of military explosive materials; damage caused by the use of explosive materials must be kept to the minimum.

4. Used military explosive materials must be inspected for security and safety; non-depleted military explosive materials must be retrieved, managed, stored, or destroyed as per the law.

Section 2. PROVISION OF WEAPONS AND COMBAT GEARS FOR OTHER ENTITIES UNDER MANAGEMENT OF THE MINISTRY OF PUBLIC SECURITY

Article 15. Eligible entities and type of weapons provided

1. Essential forces that are not under management of the Ministry of National Defense shall be provided with: Handguns, ammunitions thereof; weapons under Point c Clause 1 Article 6 hereof.

2. Department of Forest Ranger, Sub-departments of Forest Ranger of provinces, Sub-departments of Forest Ranger of regions, forest ranger authorities of districts, forest ranger authorities of national park, forest ranger authorities of special-use forest, forest ranger authorities of protective forest, forest ranger taskforces, wildfire suppression and mobile forest ranger forces, forest ranger outposts shall be provided with: Handguns, submachine guns, ammunitions thereof; weapons under Point c Clause 1 Article 6 hereof.

3. Department of Fisheries Surveillance, Sub-departments of Fisheries Surveillance of regions, fisheries surveillance stations, fisheries surveillance ships, fisheries surveillance authorities or fisheries surveillance departments affiliated to Departments of Agriculture and Rural Development shall be provided with: Handguns, submachine guns, ammunitions thereof; weapons under Point c Clause 1 Article 6 hereof. Fisheries surveillance ships shall be additionally provided with light machine guns, heavy machine guns, machine guns of up to 14,5 mm barrel diameter and ammunitions thereof.

4. Airport security forces shall be provided with: Handguns, ammunitions thereof; weapons under Point c Clause 1 Article 6 hereof.

5. Customs authorities at border checkpoints, counter-smuggling specialized forces of customs authorities; counter-narcotics forces of customs shall be provided with: Handguns, submachine guns, ammunitions thereof; weapons under Point c Clause 1 Article 6 hereof.

6. Investigating bodies of the Supreme People’s Procuracy shall be provided with: Handguns and ammunitions thereof.

7. National defense and security education institutions; licensed sports training facilities and clubs, other agencies, organizations, and enterprises established and licensed for operation in sports training and competition shall be provided with sporting weapons.

Article 16. Eligible entities and type of combat gears provided

1. Entities under Clauses 2, 3, 4, and 5 Article 15 hereof and personnel of narcotics rehabilitation centers shall be provided with combat gears.

2. Essential forces that are not under management of the Ministry of National Defense; investigating bodies of the Supreme People’s Procuracy; civil judgment enforcing bodies of all levels; inspection teams of market surveillance; specialized forest protection forces; fisheries inspection forces shall be provided with combat gears excluding military animals.

3. Security forces of agencies, organizations, and enterprises and security service providers shall be provided with: Stun batons, metal batons, rubber batons, armors, knife gloves;

For the purpose of performance of protection duty at state authorities; politically, economically, diplomatically, science, technology, culturally, socially important targets; on trains; at banks; at hospitals; in economic zones, industrial parks, export-processing zones; enterprises manufacturing, trading, using industrial explosives; enterprises, cooperatives trading gold, jewels, foreign exchange, or Vietnamese currency; competent authority shall consider and decide the provision of devices for spraying tear gas; stun guns; guns firing exploding bullets, rubber bullets, tear gas, and ammunitions thereof on the basis of nature and requirements of protection duty;

For the purpose of performance of protection duty at zoos; scientific study and experimentation forest; natural reserve for species and habitats, competent authority shall consider and decide the provision of tranquilizer guns and ammunitions thereof on the basis of nature and requirements of protection, research, care duty.

4. Security forces of facilities shall be provided with metal batons, rubber batons, stab vets, knife gloves.

5. Security forces of clubs, sports training facilities licensed for operation shall be provided with metal batons, rubber batons.

Chapter III

CLASSIFICATION, MAINTENANCE, LIQUIDATION, AND DESTRUCTION OF MILITARY WEAPONS, EXPLOSIVE MATERIALS, COMBAT GEARS RETRIEVED FROM ENTITIES UNDER MANAGEMENT OF THE MINISTRY OF PUBLIC SECURITY PREVIOUSLY PROVIDED WITH MILITARY WEAPONS, EXPLOSIVE MATERIALS, AND COMBAT GEARS

Article 17. Classification and maintenance of military weapons, explosive materials, and combat gears

1. Department of Equipment and Storage is responsible for classification of military weapons, explosive materials, and combat gears provided for entities affiliated to the Ministry of Public Security after retrieving, except for VIP Protection Command, Mobile Police Command, Police Department for management of prisons, reformatories, compulsory education establishments; Departments of Logistics of provincial police are responsible for classification of weapons, explosive materials, and combat gears provided for entities affiliated to provincial police, district police, and commune police after retrieving.

2. VIP Protection Command, Mobile Police Command, and Police Department for management of prisons, reformatories, compulsory education establishments are responsible for classification of military weapons, explosive materials, and combat gears provided for entities under their management after retrieving.

3. Police Department for Administrative Management of Social Order is responsible for classification of weapons and combat gears provided for agencies, organizations, and enterprises under Clause 1 Article 4 hereof after retrieving; Police Sub-departments for Administrative Management and Social Order of provincial police are responsible for classification of weapons and combat gears provided for agencies, organizations, and entities under Clause 2 Article 4 hereof after retrieving.

4. On an annual basis, entities under Clauses 1, 2, and 3 of this Article must list and evaluate quality, useable value of retrieved military weapons, explosive materials, and combat gears for removal from property issue, liquidation, and destruction in accordance with Clause 4 and Clause 5 Article 18 hereof.

5. Retrieved military weapons, explosive materials, and combat gears must be managed and maintained in accordance with Article 8 of the Law on Management and Use of Weapons, Explosive Materials, and Combat Gears.

Article 18. Liquidation, destruction of military weapons, explosive materials, and combat gears

1. The Minister of Public Security shall decide the removal from issue, liquidation, and destruction of military weapons, explosive materials, and combat gears under Point a Clause 2, Point a Clause 5, and Clause 8 Article 2 of the Law on Management and Use of Weapons, Explosive Materials, and Combat Gears.

2. The Director of Department of Equipment and Storage shall decide the removal from issue, liquidation, and destruction of military weapons, sporting weapons, and combat gears under Point c Clause 2, Point b Clause 5, and Clause 11 of the Law on Management and Use of Weapons, Explosive Materials, and Combat Gears in respect of entities affiliated to the Ministry of Public Security excluding those under Clause 3 of this Article.

3. Command of the VIP Protection Command, Mobile Police Command, Police Department for management of prisons, reformatories, compulsory education establishments, and directors of provincial police forces shall decide the removal from issue, liquidation, and destruction of military weapons, sporting weapons, and combat gears under Point c Clause 2, Point b Clause 5, and Clause 11 of the Law on Management and Use of Weapons, Explosive Materials, and Combat Gears.

4. Procedures for removal from issue, liquidation, and destruction of military weapons, explosive materials, and combat gears in people’s public security forces:

a) Entities affiliated to VIP Protection Command, Mobile Police Command, Police Department for management of prisons, reformatories, compulsory education establishments, professional departments, district police affiliated to provincial police provided with or using military weapons, explosive materials, and combat gears shall, on an annual basis, evaluate and submit evaluation dossiers to Departments of Logistics for consolidation and reporting to heads of entities, directors of provincial police forces to approve and decide the establishment of Council for removing from issue, liquidating, destroying military weapons, explosive materials, and combat gears (hereinafter referred to as “Council”);

Composition of the Council affiliated to VIP Protection Command, Mobile Police Command, Police Department for management of prisons, reformatories, compulsory education establishments includes: Representatives of heads of Military Command and Central Department acting as Chairpersons; representatives of professional departments, and entities requesting removal from issue, liquidation, and destruction acting as Council members;

Composition of the Council affiliated to provincial police includes: Representatives of heads of provincial police acting as Chairpersons; representatives of heads of Departments of Logistics, Police Sub-departments for Administrative Management and Social Order, and entities requesting removal from issue, liquidation, and destruction acting as Council members;

b) The Council shall carry out evaluation and classification of military weapons, explosive materials, and combat gears and request heads of entities, directors of provincial police to decide;

c) Heads of entities, directors of provincial police shall rely on evaluation results of the Council to decide and carry out the removal from issue, liquidation, and destruction of military weapons, explosive materials, and combat gears under Clause 3 of this Article, report to Department of Equipment and Storage for removal from issue in accordance with public property management and use laws. In respect of military weapons and explosive materials under Clause 1 of this Article, police forces of all administrative divisions shall request Department of Equipment and Storage in writing to consolidate and report to the Minister of Public Security for consideration and decision regarding removal from issue, liquidation, and destruction; once the Minister of Public Security issues decision, the Department of Equipment and Storage shall carry out the removal from issue, liquidation, and destruction as per the law;

d) Request for removal from issue, liquidation, and destruction of military weapons, explosive materials, and combat gears consists of: Written request which contains reasons, quantity, type, model, code of military weapons, explosive materials, and combat gears requested for removal from issue, liquidation, and destruction and other relevant documents (if any); in respect of military weapons with unintelligible code or without number or code, appraisal results pertaining to number and code and results of cross-examination with ballistic database of the Forensic Science Institute or Criminal Techniques Division affiliated to provincial police shall be required;

In respect of request submitted by VIP Protection Command, Mobile Police Command, Police Department for management of prisons, reformatories, compulsory education establishments, and provincial police to Department of Equipment and Storage, records of Council meeting must also be submitted as attachment;

dd) Within 7 working days from the date on which military weapons, explosive materials, and combat gears are removed from issue, liquidated, or destroyed as per the law, professional central departments and provincial police under Clause 3 of this Article shall record a deficit as per the law, update on public property management software, report to Department of Planning and Finance, Department of Equipment and Storage, and Police Department for Administrative Management and Social Order.

5. Procedures for liquidation and destruction of weapons and combat gears retrieved from agencies, organizations, and enterprises under management of Ministry of Public Security:

a) After retrieving weapons and combat gears from agencies, organizations, and enterprises, Department for Guidelines in Weapons, Explosive Materials, Combat Gears, and Pyrotechnics Management or Police Sub-departments for Administrative Management and Social Order of provincial police shall request Director of the Police Department for Administrative Management and Social Order to establish the Council;

b) The Council shall evaluate and classify weapons and combat gears; in respect of usable weapons and combat gears, the Police Department for Administrative Management and Social Order or provincial police shall request the Department of Equipment and Storage in writing to consolidate and report to the Minister of Public Security for decision regarding inclusion in issue of people’s public security as per the law; in respect of unusable weapons and combat gears, Director of Police Department for Administrative Management and Social Order to establish the Council shall decide the destruction as per the law;

c) Destruction process shall be carried out in a manner that guarantees absolute safety and environmental protection. Following the destruction process, on-site inspection shall be conducted to verify that all destroyed weapons and combat gears have been rendered obsolete and beyond recovery. Destruction results shall be recorded in writing and verified by Chairpersons and Council members.

Article 19. Expenditure on classification, maintenance, liquidation, and destruction of military weapons, explosive materials, and combat gears

1. Expenditure on classification, maintenance, liquidation, and destruction of military weapons, explosive materials, and combat gears is allocated in annual state budget estimates of the Ministry of Public Security for:

a) Construction of storage units for retrieved, submitted, collected military weapons, explosive materials, and combat gears; procurement of instruments and equipment facilitating the classification, maintenance, liquidation, and destruction of military weapons, explosive materials, and combat gears;

b) Operation of forces in charge of classification, maintenance, liquidation, and destruction of military weapons, explosive materials, and combat gears; military equipment training and advanced training.

2. The Police Department for Administrative Management and Social Order, Department of Equipment and Storage, the VIP Protection Command, Mobile Police Command, Police Department for management of prisons, reformatories, compulsory education establishments, and provincial police are responsible for producing and sending annual estimates for classification, maintenance, liquidation, and destruction of military weapons, explosive materials, and combat gears of their respective administrative divisions to Department of Planning and Finance for appraisal and reporting to the Minister of Public Security.

Chapter IV

TRAINING, MANAGEMENT, AND DEPLOYMENT OF MILITARY ANIMALS

Article 20. Training of military animals

1. Training of military animals shall be provided by entities affiliated to the Ministry of Public Security and tasked by the Minister of Public Security.

2. Military animal training entities shall be provided with specialized officials, facilities, equipment, instruments, and programs for military animal training, to be specific:

a) Military animal training officials must possess certificate of completion of military animal training and deployment training course in people’s public security and must be tasked by competent authorities with management and training of military animals;

b) Facilities, equipment, and instruments for caring and training military animals must conform to standards and norms of the Minister of Public Security;

c) Military animal training entities are responsible for taking charge of and cooperating with relevant entities in compiling military animal training programs and courses appropriate to each training purpose.

3. Where military animal training has concluded, training entities shall issue certificate as per the law.

Article 21. Management of military animals

1. Competent authorities entitled to military animal training shall produce military animal records and logs, including

a) Genealogy;

b) Training and deployment result log;

c) Medical record;

d) Certificate of military animal;

dd) Other relevant documents.

2. Where competent authorities decide or issue license, military animal training authorities are responsible for handing over military animals and relevant management records to entities, agencies, and organizations provided with military animals for management and deployment as per the law.

3. Upon being provided with military animals, entities, agencies, and organizations must register with competent authority in order to obtain notice of registration and declaration as per the law; add relevant documents to management documents and logs during care, training, and deployment of military animals.

Article 22. Deployment of military animals

1. Individuals deploying military animals in the performance of duty shall adhere to Clause 1 Article 58 of the Law on Management and Use of Weapons, Explosive Materials, and Combat Gears and may deploy in the following situations:

a) Providing assistance in patrolling, controlling, guarding, protecting targets; responding to public indecency, riot, demonstration, protest, terrorism; guarding trials, judgment execution, search for human remains, evidence; detection of narcotic substances, explosive materials;

b) Providing assistance in search and rescue operations among other operations;

c) Providing assistance in detecting, intercepting, hunting, arresting, escorting offenders, convicts, prisoners;

d) Participating in ceremonies, parades.

2. Individuals deploying military animals shall not be liable for damage caused by the deployment of military animals complaint with Clause 1 of this Article; where deployment of military animals is considered unjustified force in self-defense, causes excessively more damage than what the situation calls for, or is done in a way where military animals are taken advantage of to violate lives and/or health of people, property, legitimate rights and benefits of agencies, organizations, and individuals, actions shall be taken as per the law.

Chapter V

DEVELOPMENT, MANAGEMENT, UPDATE, UTILIZATION OF DATABASE ON WEAPONS, EXPLOSIVE MATERIALS, EXPLOSIVE PRECURSORS, AND COMBAT GEARS

Article 23. Development of database on weapons, explosive materials, explosive precursors, and combat gears

1. Database on weapons, explosive materials, explosive precursors, and combat gears shall be developed and placed under centralized management of the Ministry of Public Security and connected to police forces of all administrative divisions.

2. Develop database on weapons, explosive materials, explosive precursors, and combat gears by:

a) Installing information technology machinery and equipment;

b) Investing information technology technical infrastructures for the database, including servers, clients, data storage system, network equipment, backup, peripherals, system software, and other auxiliary equipment;

c) Developing sub-branch for management of weapons, explosive materials, explosive precursors, and combat gears in shared database of the Police Department for Administrative Management of Social Order;

d) Standardizing and updating the database on weapons, explosive materials, explosive precursors, and combat gears;

dd) Operating and calibrating the database on weapons, explosive materials, explosive precursors, and combat gears;

e) Maintaining security and safety of the database on weapons, explosive materials, explosive precursors, and combat gears.

Article 24. Management of database on weapons, explosive materials, explosive precursors, and combat gears

1. Develop professional procedures for management, update, and utilization of database on weapons, explosive materials, explosive precursors, and combat gears.

2. Manage software system of the database on weapons, explosive materials, explosive precursors, and combat gears.

3. Manage and preserve the database on weapons, explosive materials, explosive precursors, and combat gears in a manner that maintains information and transmission safety.

4. Grant access and manage login accounts of the database on weapons, explosive materials, explosive precursors, and combat gears under their management.

5. Provide training and professional training for officials in charge of managing, updating, and utilizing database on weapons, explosive materials, explosive precursors, and combat gears.

6. Provide funding for maintenance, upgrade, and development of database on weapons, explosive materials, explosive precursors, and combat gears.

7. Provide guidelines on inspection and supervision of management, update, and utilization of database on weapons, explosive materials, explosive precursors, and combat gears.

8. Consolidate and report results of database on weapons, explosive materials, explosive precursors, and combat gears management, update, utilization.

Article 25. Security and safety of the database on weapons, explosive materials, explosive precursors, and combat gears

1. Use encrypted channels and verify users for: Login as system administrators, login into applications, use of system functions of the database on weapons, explosive materials, explosive precursors, and combat gears.

2. Encrypt and secure transmission paths, information in database on weapons, explosive materials, explosive precursors, and combat gears.

3. Adopt solutions for verifying and protecting data safety of database on weapons, explosive materials, explosive precursors, and combat gears.

4. Record any creation, revision, and removal of data information for system management and supervision.

5. Establish, maintain backup system and back up data on backup system to maintain stable and continuous operation in case of natural disaster, fire, and other emergencies.

Article 26. Management of administrator account of database on weapons, explosive materials, explosive precursors, and combat gears

Officials of the Police Department for Administrative Management of Social Order tasked with and in charge of performing administrator function shall manage administrator account of the database on weapons, explosive materials, explosive precursors, and combat gears and:

1. Issue and revoke account, password of users for logging into database on weapons, explosive materials, explosive precursors, and combat gears.

2. Classify user’s and users’ access to functions of the data.

3. Look up and view actions performed on the database of each account.

Article 27. Updating and searching on database on weapons, explosive materials, explosive precursors, and combat gears

1. Updating the database means to update application for license issuance, notice of registration and declaration, certification and certificate pertaining to weapons, explosive materials, explosive precursors, and combat gears uploaded onto the database on weapons, explosive materials, explosive precursors, and combat gears, to be specific:

a) Prior to performing the upload, officials in charge must inspect and list all information fields to be uploaded to the database and report to competent authorities;

b) Request competent authorities to approve;

c) Update data onto software system.

2. Update data on weapons, explosive materials, and combat gears submitted, retrieved, classified, managed, liquidated, and destroyed

a) Officials in charge of retrieving military weapons, explosive materials, and combat gears, licenses, notice of registration and declaration shall receive documents, cross-check against regulations of the law pertaining to weapons, explosive materials, and combat gears, classify, update, print and submit record of delivery to superior for approval and signing;

b) In respect of military weapons, explosive materials, and combat gears submitted by agencies, organizations, and individuals to Police Sub-departments for Administrative Management of Social Order of provincial police forces, Point a of this Clause shall apply;

c) In respect of military weapons, explosive materials, and combat gears submitted by agencies, organizations, and individuals to other agencies and entities, receiving agencies and entities shall prepare and send report and record of delivery to Police Sub-departments for Administrative Management of Social Order of provincial police forces.

3. Professional Departments affiliated to ministries and professional entities affiliated to provincial police forces related to weapons, explosive materials, explosive precursors, and combat gears may update and use data pertaining to weapons, explosive materials, explosive precursors, and combat gears on the database.

4. Information search

a) Police Department for Administrative Management of Social Order may search for data pertaining to weapons, explosive materials, explosive precursors, and combat gears on a nationwide scale;

b) Police Sub-departments for Administrative Management of Social Order of provincial police forces may search for information pertaining to weapons, explosive materials, explosive precursors, and combat gears within their authority. Where the necessary information is outside of their jurisdiction, Police Sub-departments for Administrative Management of Social Order of provincial police forces shall request the Police Department for Administrative Management of Social Order in writing;

c) Department of Equipment and Storage may search for information on military weapons, explosive materials, and combat gears in people’s public security; Forensic Science Institute or Criminal Techniques Division of provincial police forces may search for information on weapon, explosive material, explosive precursor, and combat gear database for criminal forensic inspection purposes;

d) Agencies, organizations, and enterprises that need to search for information must file a request to and obtain approval from Director of Police Department for Administrative Management of Social Order or Directors of Police Sub-departments for Administrative Management of Social Order of provincial police forces; within 24 hours from the moment in which the request is filed, officials in charge shall process and send search results to the applicants.

Article 28. Backup and recovery of database on weapons, explosive materials, explosive precursors, and combat gears

1. Database on weapons, explosive materials, explosive precursors, and combat gears shall be backed up on a regular basis, stored, and governed at the Police Department for Administrative Management of Social Order. Backups shall be protected and examined on a periodic basis.

2. Recovery of database on weapons, explosive materials, explosive precursors, and combat gears shall be implemented if data is destroyed or the database suffers from cyber attack, is unlawfully accessed or experiences malfunctions that corrupt active data.

3. Where storage devices of data on weapons, explosive materials, explosive precursors, and combat gears that have been corrupted or damaged are maintained or repaired, the maintenance and repair process must be supervised by officials of appropriate qualifications and approved by Director of Police Department for Administrative Management of Social Order. Where data storage devices are replaced, previous data storage devices must be retained.

Article 29. Operation, upgrade, and development of database on weapons, explosive materials, explosive precursors, and combat gears

1. For the purpose of operation of database on weapons, explosive materials, explosive precursors, and combat gears, Police Department for Administrative Management of Social Order has the responsibility to:

a) guarantee technical infrastructure and environment for installation and operation of database on weapons, explosive materials, explosive precursors, and combat gears;

b) exercise security and safety measures for database on weapons, explosive materials, explosive precursors, and combat gears;

c) maintain and repair the database on a regular basis;

d) establish and operate backup, recovery system and data for stable and continuous operation in case of natural disasters, fire, or other emergencies;

dd) supervise to warn about actions that cause safety breach of the database on weapons, explosive materials, explosive precursors, and combat gears.

2. The Police Department for Administrative Management of Social Order shall review and propose solutions for expanding, operating, upgrading, and developing the database on weapons, explosive materials, explosive precursors, and combat gears in accordance with practical demands.

Chapter VI

RESPONSIBILITIES IN MANAGEMENT AND USE OF WEAPONS, EXPLOSIVE MATERIALS, AND COMBAT GEARS; REPORTING AND STATISTICS REGULATIONS

Article 30. Responsibilities of the Police Department for Administrative Management of Social Order

1. Consult competent authority in development and promulgation of legislative documents on management and use of weapons, explosive materials, and combat gears.

2. Direct, instruct, inspect, and expedite police forces of all administrative divisions in implementation of the Law on Management and Use of Weapons, Explosive Materials, and Combat Gears and guiding documents; direct, organize training for management and use of weapons, explosive materials, and combat gears in people’s public security.

3. Communicate and popularize legislative documents on management and use of weapons, explosive materials, and combat gears; prevent and fight violations of the law in management and use of weapons, explosive materials, and combat gears.

4. Develop, manage, update, and utilize database on weapons, explosive materials, explosive precursors, and combat gears. On an annual basis, prepare expenditure estimates on expansion, operation, upgrade, and development of database on weapons, explosive materials, explosive precursors, and combat gears and request the Minister of Public Security for consideration.

5. Retrieve and classify weapons and combat gears submitted by agencies, organizations, and enterprises licensed to be provided with and use outside of the police; licenses and notice of registration and declaration of weapons, explosive materials, and combat gears; provide training and advanced training, issue certificate of use, certificate of military weapon, explosive material, and combat gear storage facilities to individuals affiliated to agencies, organizations, and enterprises permitted to manufacture, trade, export, import, be provided with, and use military weapons, explosive materials, explosive precursors, and combat gears under management of the Ministry of Public Security.

6. Manage research, manufacturing, processing, repair, trading, exporting, and importing facilities of military weapons, explosive materials, and combat gears.

7. Inspect the management and use of weapons, explosive materials, and combat gears in respect of agencies, organizations, and enterprises permitted to manufacture, trade, export, import, be provided with, and use weapons, explosive materials, and combat gears; handle complaints, denunciations, and take actions against violations in management and use of weapons, explosive materials, and combat gears within their power.

8. Study and apply science, technology in management and use of weapons, explosive materials, and combat gears; implement international cooperation in weapons, explosive materials, and combat gears.

9. Consolidate and submit report on implementation and results of weapon, explosive material, and combat gear management and use.

Article 31. Responsibilities of the Department of Equipment and Storage

1. Develop standards and norms of military weapons, explosive materials, and combat gears provided for police forces of all administrative divisions; calculate quantity of military weapons, explosive materials, and combat gears retained at storage of the Ministry of Public Security.

2. Develop and implement plans for providing, transferring, mobilizing military weapons, explosive materials, and combat gears in people’s public security as per the law.

3. Place order, import military weapons, explosive materials, and combat gears for distribution within people’s public security forces.

4. Cooperate in providing training regarding management and use of military weapons, explosive materials, and combat gears in people’s public security forces.

5. Inspect preservation and evaluation of military weapons, explosive materials, and combat gears provided for police forces of all administrative divisions.

Article 32. Responsibilities of entities affiliated to the Ministry of Public Security

1. Develop plans for providing, receiving, distributing, transferring, and mobilizing military weapons, explosive materials, and combat gears to entities under their management.

2. Consolidate reports on provision, management, and use of military weapons, explosive materials, and combat gears under their management.

Article 33. Responsibilities of provincial police forces

1. Advise People’s Committees of the same levels to promulgate documents guiding management and use of weapons, explosive materials, and combat gears under their management.

2. Communicate and popularize the Law on Management and Use of Weapons, Explosive Materials, and Combat Gears and guiding documents.

3. Request Departments of Logistics and Police Sub-departments for Administrative Management of Social Order of provincial police forces to retrieve, classify, liquidate, and destroy military weapons, explosive materials, and combat gears submitted by entities affiliated to provincial police, district police, commune police or agencies, organizations, and enterprises under management.

4. Request Police Sub-departments for Administrative Management of Social Order to issue license, notice of declared and registered weapons, explosive materials, and combat gears for entities affiliated to provincial police, district police, and commune police and agencies, organizations, and enterprises under their management; provide training, advanced training, and issue certificate of management and use of military weapons, explosive materials, and combat gears to agencies, organizations, and enterprises in the area.

5. Develop plans for providing, transferring, and mobilizing military weapons, explosive materials, and combat gears to entities under their management.

6. Update and utilize database on weapons, explosive materials, explosive precursors, and combat gears.

7. Prevent and fight violations of the law in management and use of weapons, explosive materials, and combat gears.

8. Inspect and evaluate weapons, explosive materials, and combat gears in order to request competent authority to liquidate or destroy as per the law.

9. Request Police Sub-departments for Administrative Management of Social Order to inspect the management and use of weapons, explosive materials, and combat gears in agencies, organizations, and enterprises under Clause 2 Article 4 hereof; settle complaints, denunciations, and take actions against violations in management and use of weapons, explosive materials, and combat gears within their powers.

10. Consolidate and produce reports on management and use of weapons, explosive materials, and combat gears as per the law.

Article 34. Responsibilities of agencies, entities, organizations, and enterprises provided with and using military weapons, explosive materials, and combat gears

1. Manage, preserve, and use military weapons, explosive materials, and combat gears in a law-compliant manner.

2. On an annual basis, inspect and evaluate weapons, explosive materials, and combat gears in possession; submit military weapons, explosive materials, and combat gears to competent authorities as per the law where usage is no longer necessary or is expired or is no longer possible.

3. Apply for license to use or notice of registration and declaration in respect of provided weapons and combat gears; immediately report to issuing authority about missing license or notice of registration and declaration.

4. Provide military weapons, explosive materials, and combat gears for eligible individuals according to Clause 1 Article 6 of the Law on Management and Use of Weapons, Explosive Materials, and Combat Gears.

5. Assign qualified persons according to Clause 1 Article 7 of the Law on Management and Use of Weapons, Explosive Materials, and Combat Gears to manage storage units of military weapons, explosive materials, and combat gears.

6. Prepare storage units for military weapons, explosive materials, and combat gears as per the law.

7. Cooperate with competent police authorities in providing training, advanced training pertaining to management and use of military weapons, explosive materials, and combat gears.

8. Consolidate and produce reports on management and use of weapons, explosive materials, and combat gears as per the law.

Article 35. Reporting and statistics

1. On an annual basis, professional Departments and provincial police forces shall list all military weapons, explosive materials, and combat gears provided and used using Form No. VC32 and Form No. VC35 attached to Circular No. 77/2024/TT-BCA dated November 15, 2024 of the Minister of Public Security and send to Department of Equipment and Storage and Police Department for Administrative Management of Social Order for consolidation and submission to the Ministry of Public Security.

2. On a 6-monthly or annual basis, commune police forces shall submit reports on management, use, submission, and retrieval of weapons and explosive materials to district police forces; professional departments and district police forces shall submit reports on management, use, submission, and retrieval of weapons and explosive materials to provincial police forces; professional Departments and provincial police forces shall submit reports on management, use, submission, and retrieval of weapons and explosive materials to Police Department for Administrative Management of Social Order using Form No. VC33 attached to Circular No. 77/2024/TT-BCA for consolidation and submission to the Ministry of Public Security.

3. On a 6-monthly or annual basis, agencies, organizations, and enterprises under management of the Ministry of Public Security shall produce reports on manufacturing, trading, export, import, provision, and use of weapons and combat gears using Form No. VC36 attached to Circular No. 77/2024/TT-BCA to Police Department for Administrative Management of Social Order or Police Sub-departments for Administrative Management of Social Order.

4. Where serious or complicated security and order issues related to weapons, explosive materials, or combat gears occur or where competent authorities request, agencies, entities, organizations, and enterprises permitted to manufacture, trade, export, import, be provided with, and use weapons, explosive materials, and combat gears must immediately report to competent superior authority in writing.

5. The Police Department for Administrative Management of Social Order is responsible for monitoring, expediting, consolidating information on management and use of weapons, explosive materials, and combat gears, and reporting to the Ministry of Public Security as per the law.

Chapter VII

ORGANIZING IMPLEMENTATION

Article 36. Entry into force

1. This Circular comes into force from January 01, 2025.

2. The following Circulars expire from the effective date hereof:

a) Circular No. 16/2018/TT-BCA dated May 15, 2018 of the Minister of Public Security;

b) Circular No. 17/2018/TT-BCA dated May 15, 2018 of the Minister of Public Security;

c) Circular No. 21/2019/TT-BCA dated July 18, 2021 of the Minister of Public Security.

Article 37. Responsibility for implementation

1. Director of the Police Department for Administrative Management of Social Order is responsible for coordinating, guiding, and inspecting the implementation of this Circular.

2. Heads of entities affiliated to Ministry of Public Security, Directors of police forces of provinces and central-affiliated cities, and relevant agencies, organizations, and individuals are responsible for the implementation of this Circular.

Difficulties that arise during implementation of this Circular should be immediately reported to the Ministry of Public Security (via Police Department for Administrative Management of Social Order)./.

Bài viết liên quan