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NATIONAL ASSEMBLY
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness |
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Law No. 14/2017/QH14
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Hanoi, June 20, 2017
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LAW
ON MANAGEMENT AND USE OF WEAPONS, EXPLOSIVES AND COMBAT GEARS
Pursuant to the Constitution of the Socialist Republic of Vietnam;
The National Assembly promulgates the Law on management and use of weapons, explosives and combat gears
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Law provides regulations on management and use of weapons, explosives and combat gears; principles and responsibilities of authorities, organizations and individuals related to management and use of weapons, explosives, explosives precursors and combat gears to ensure the national security, social order and safety, protection of human rights, civil rights and socio-economic development.
Article 2. Regulated entities
This Law applies to organizations and individuals managing and/or using weapons, explosives, explosives precursors and combat gears.
Article 3. Definitions
For the purpose of this Law, the terms below shall be construed as follows:
1. "weapon” is a piece or a combination of equipment that is meant to inflict damage or harm to human lives and health and destroy structures, including military weapons, hunting rifles, cold weapons, sporting weapons and other types of weapons with similar properties and effects.
2. “military weapons” means weapons that are manufactured in conformity with technical standards and designs of legal producers and provided for the people's armed forces and other forces prescribed by this Law for conduction of their missions, including:
a) Firearms including handguns, rifles, submachine guns (SMG), light machine guns (LMG), anti-tank rifles and grenade launchers;
b) Light weapons including heavy machine guns (HMG), mortars, B-10 recoilless rifles, anti-aircraft guns and anti-tank missiles;
c) Heavy weapons including fighter aircrafts, armed helicopters, tanks, armored fighting vehicles, warships, submarines, field artillery, anti-aircraft artillery, missiles;
d) Bombs, mines, grenades, torpedoes, naval mines; ammunition used for the weapons specified in Points a, b and c of this Clause.
3. "hunting guns” means guns that are manufactured in non-industrial and industrial manners and used for hunting, including firearms, air guns and ammunition used for these guns.
4. “cold weapons” means weapons that have simple structures and operating principles and are manufactured in non-industrial and industrial manners, including: daggers, swords, spears, bayonets, knives, scimitars, cones, steel knuckles, maces, bows, crossbows, darts.
5. "sporting weapons” means weapons that are manufactured in non-industrial and industrial manners and used for sport training and competitions, including:
a) Air rifles, rifles using exploding bullets, air handguns, handguns using exploding bullets, sporting guns using paintballs, skeet guns and ammunition used for these weapons;
b) The cold weapons prescribed in Clause 4 of this Article used for sport training and competitions.
6. “weapons with similar with properties and effects” means weapons that are manufactured in non-industrial and industrial manners but fail to comply with technical standards and designs of legal producers and cause harm to human lives and health and structures similar to military weapons, hunting guns, cold weapons and sporting weapons.
7. “Explosive” means a product causing quick and strong chemical reactions that spread heat, produce gases, generate light and cause explosions due to impacts of the initial stimulus, including :
a) Dynamite which means chemicals or compounds used for creating explosive reaction due to impacts of the initial stimulus
b) Explosive accessories including detonators, detonating wires, slow-burning wires, explosive-containing articles providing the initial stimulus which burst explosives or specialized equipment containing explosives.
8. “military explosives” means explosives used for national defense and security.
9. “industrial explosives” means explosives used for economic and civil purposes.
10. “explosives precursors” means dangerous chemicals directly used for producing explosives.
11. “combat gear” means equipment or military animals used for carrying out missions and providing protection, which aims to reduce and prevent the violators from resisting or running way, protect law enforcement officials , people performing protection missions or giving signals of emergency, including:
a) Stun guns, 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 and ammunition used for these types of guns;
b) Devices used for spraying tear gas, asphyxiant gas, poisons, anesthetics or itching powder
c) Smoke grenades, tear gas grenades
d) Stun batons, rubber batons, metal batons; figure-8 handcuffs, spike-boards, barbed wires; armors; electric gloves, knife gloves; shields, bulletproof helmets; sonic weapons;
dd) Military animals which are animals trained and used for protecting national security and ensuring social order and safety;
e) Devices with similar properties and effects which are equipment not manufactured in conformity with technical standards and designs of legal producers and have their properties and effects similar to the combat gears prescribed in Points a, b, c and d of this Clause.
12. “trading” means trading of weapons, explosives, explosives precursors or combat gears
Article 4. Principles of management and use of weapons, explosives, explosives precursors and combat gears
1. The management and use of weapons, explosives, explosives precursors and combat gears shall comply with the Constitution and law of the Socialist Republic of Vietnam
2. Weapons, explosives and combat gears shall be provided for eligible persons in accordance with standards and technical regulations.
3. People managing and using weapons, explosives, explosives precursors and combat gears shall satisfy all conditions prescribed by regulations of law.
4. People ordering and deciding the use of weapons, explosives, explosives precursors and combat gears shall be responsible for their orders and decisions.
5. Weapons, explosives, explosives precursors and combat gears shall be used for proper purposes and in accordance with regulations and minimize damage to people, property and the environment.
6. Research into, manufacture, trading, equipment, import, export, transport, repair and use of weapons, explosives, explosives precursors and combat gears shall obtain licenses and certificates issued by authorities.
7. Weapons, explosives, explosives precursors and combat gears that are redundant, expired or no longer usable shall be recovered, liquidated or destroyed
8. Any loss of weapons, explosives, explosives precursors, combat gears and licenses and certificates shall be notified promptly to competent authorities.
9. Weapons, explosives, explosives precursors and combat gears shall be tested, verified, assessed and registered in accordance with regulations of law on managing quality of products and goods before they are produced, traded and used in Vietnam.
Article 5. Prohibited actions related to management and use of weapons, explosives, explosives precursors and combat gears
1. Personal possession of weapons, explosives and combat gears, except for cold weapons used for exhibition and heirlooms.
2. Illegal research into, manufacture, trading, export, import, storage, transport, repair, use or appropriation of weapons, explosives, explosives precursors and combat gears or components used for assembling weapons and combat gears.
3. Illegal movement of weapons, explosives, explosives precursors and combat gears out of the territory of the Socialist Republic of Vietnam or to areas where they are prohibited.
4. Abuse of the use of weapons, explosives, explosives precursors and combat gears to violate national security, social order and safety, human lives and health, property, legal rights and interests of an organization or another person.
5. Destruction of or intentional infliction of damage to provide weapons, explosives, explosives precursors, combat gears.
6. Provision of weapons, explosives, explosives precursors, combat gears for an unqualified organization or individual
7. Exchange, giving, sending, lending, borrowing, leasing or mortgage of weapons, explosives, explosive precursors and combat gears or components used for assembling weapons and combat gears; except for exchange, giving, sending, lending, borrowing, leasing or mortgage of cold weapons used for exhibition and heirlooms.
8. Transport, maintenance and destruction of weapons, explosives, explosive precursors and combat gears which fail to ensure safety or affect the environment.
9. Appropriation, trading, exchange, giving, lending, borrowing, leasing, mortgage, counterfeiting, repair or erasure of licenses and certificates related to weapons, explosives, explosive precursors and combat gears.
10. Appropriation, trading, exchange, giving, lending, borrowing, leasing or mortgage of wastes and scraps of weapons, explosives and combat gears.
11. Illegal provision of instructions on and training in methods for manufacturing, repairing or using weapons, explosives, explosive precursors and combat gears in any way.
12. Concealment of, failure to denounce or provision of assistance in the illegal manufacture, bringing, trading, repair, export, import, storage, transport, use or destruction of weapons, explosives, explosives precursors and combat gears.
13. Illegally digging or searching for or collecting weapons, explosives, combat gears; scraps and wastes of weapons, explosives and combat gears.
14. Intentional provision of false information on management of weapons, explosives, explosive precursors and combat gears; failure to report or promptly report, concealment or falsification of information on the loss, accidents related to weapons, explosives, explosives precursors or combat gears.
Article 6. Responsibilities of heads of organization permitted to use weapons, explosives, explosive precursors and combat gears
1. Provide directions on, organize the implementation of and take responsibility for management and use of weapons, explosives, explosives precursors and combat gears.
2. Only provide weapons, explosives and combat gears for people satisfying all of the conditions prescribed in Clause 1 Article 7 of this Law.
3. Assign people who satisfy all of the conditions prescribed in Clause 1 Article 8 of this Law to manage warehouses and places for keeping weapons, explosives, explosives precursors or combat gears.
4. Arrange warehouses and places for keeping weapons, explosives, explosives precursors and combat gears as prescribed in Clause 2 Article 9 of this Law.
Article 7. Conditions for and responsibilities of people assigned to use weapons, explosives and combat gears
1. A person assigned to use a weapon, explosive device or combat gear shall fulfill the following conditions:
a) He/she has full legal capacity;
b) He/she satisfies moral and health requirements for his/her assigned tasks;
c) He/she is not incurring any administrative penalty or facing criminal prosecution. His/her conviction has been expunged;
d) He/she has been trained in and obtained a certificate of use of weapons, explosives and combat gears.
2. A person assigned to use a weapon, explosive device or combat gear shall:
a) Use weapons, explosives and combat gears for proper purposes and in accordance with regulations of law;
b) Bring his/her certificate or license when carrying weapons and combat gears;
c) Protect weapons, explosives and combat gears from damage and loss in conformity with regulations and procedures;
d) Return weapons, explosives, combat gears and his/her license to the person in charge of managing and maintaining them in accordance with regulations of law when his/her mission is completed or the time limit for his/her mission has expired.
3. The Government shall provide detailed guidance on training in and issuance of certificates of use of weapons, explosives and combat gears.
Article 8. Conditions for and responsibilities of people assigned to manage warehouses and places for keeping weapons, explosives, explosives precursors and combat gears
1. A person assigned to manage warehouses and places for keeping weapons, explosives, explosives precursors and combat gears shall satisfy the following conditions:
a) He/she has full legal capacity;
b) He/she satisfies moral and health requirements for his/her assigned tasks;
c) He/she is not incurring any administrative penalty or facing criminal prosecution. His/her conviction has been expunged
d) He/she has been trained for and obtained a certificate of management and use of military weapons, explosives or combat gears or a certificate of professional training in fire prevention, safe technique related to industrial explosives and explosives precursors;
dd) He/she thoroughly understands internal regulations on management and maintenance of warehouses and places for keeping weapons, explosives, explosives precursors or combat gears.
2. A person assigned to manage warehouses and places for keeping weapons, explosives, explosives precursors or combat gears shall protect them from loss or damage in accordance with regulations and procedures;
3. The Government shall provide guidance on training in and issuance of certificates of management and use of military weapons, explosives and combat gears and certificates of training in safe techniques related to industrial explosives and explosives precursors;
Article 9. Management and maintenance of weapons, explosives, explosives precursors and combat gears
1. The management and maintenance of weapons, explosives, explosives precursors and combat gears shall comply with regulations and procedures, ensure safety and avoid their losses or damage;
2. Warehouses and places for keeping weapons, explosives, explosives precursors and combat gears shall be arranged, designed and constructed in conformity with standards in and technical regulations on safety, fire prevention and environmental protection. Internal regulations on and measures for protection and fire prevention, plans or measures for prevention of and response to chemical incidents and equipment used for ensuring safety shall be approved by competent authorities.
3. The Government shall provide detailed guidance on management and maintenance of weapons, explosives, explosives precursors and combat gears
Article 10. Revocation of military weapons, military explosives and combat gears and licenses for and certificates of management and use of weapons, explosives, explosives precursors and combat gears
1. Military weapons, military explosives or combat gears provided to an organization shall be revoked if:
a) The organization is dissolved, transferred, divided, consolidated or merged;
b) The military weapons, military explosives or combat gears are redundant, expired or no longer usable;
c) The organization is not allowed to use these military weapons, military explosives or combat gears in accordance with regulations of this Law.
2. A license for or certificate of military weapons, military explosives and combat gears issued to an organization shall be revoked if:
a) One of the cases prescribed in Clause 1 of this Article occurs;
b) The weapons or combat gears are lost;
c) The organization producing, trading in or repairing military weapons, military explosives or combat gears is dissolved, transferred, divided, consolidated or merged;
d) The license or certificate is issued ultra vires.
3. Certificates of management and use of weapons, explosives, explosives precursors and combat gears issued to individuals will be revoked if these individuals do other works, retire, leave their jobs or fail to satisfy all of the conditions prescribed by regulations and law.
The supervisory authorities shall revoke the certificates and submit them to competent authorities that issued these certificates.
4. A license for or certificate of management and use of industrial explosives and explosives precursors issued to an organization shall be revoked if:
a) The organization producing, trading, transporting or using industrial explosives and explosives precursors is dissolved, transferred, divided, consolidated or merged;
b) The organization shuts down its operation related to industrial explosives and explosives precursors;
c) The organization fails to satisfy conditions for producing, trading, transporting and using industrial explosives or explosives precursors prescribed in this Law; fails to satisfy or comply with the contents specified in its license or certificate;
d) The license or certificate is issued ultra vires.
dd) The organization has not traded in industrial explosives or explosives precursors for 6 months from the day on which its business license is issued.
5. Licenses for and certificates of management and use of weapons, explosives, explosives precursors and combat gears that are damaged or expired shall be returned to competent authority issuing them for reissuance or replacement.
Article 11. Procedures for recovery of military weapons, explosives and combat gears and revocation of licenses for and certificates of management and use of weapons, explosives, explosives precursors and combat gears
1. The organizations mentioned in Article 10 of this Law shall prepare applications for revocation and follow procedures for the application for revocation. An application shall consist of:
a) An application form for revocation;
b) A letter of introduction enclosed with a copy of the ID card, passport, police ID card or ID issued by the People's Army of the applicant.
2. An application containing the documents prescribed in Clause 1 of this Article shall be submitted to the authority issuing licenses and certificates (hereinafter referred to as “licensing authority”)
3. Within 05 working days from the day on which the application is received, the licensing authority shall take back military weapons, explosives and combat gears and revoke the issued license or certificate.
4. If an organization fails to apply for the recovery of military weapons, military explosives and combat gears or revocation of its licenses, written confirmation or certificate, the licensing authority shall inspect, make a record and recover the weapons, explosives or combat gears or revoke the license or certificate in accordance with regulations of law.
5. The Government shall provide detailed guidance on this Article.
Article 12. Cases in which weapons and combat gears allowed to be brought in or out of the territory of the Socialist Republic of Vietnam
1. Foreign organizations and individuals may bring weapons or combat gears from foreign countries to the territory of Vietnam or bring them out of the territory of Vietnam if:
a) The weapons or combat gears aim to protect foreign VIPs visiting or working in Vietnam;
b) The weapons or combat gears are used for sport training and competitions; exhibitions, displays, making offers, introduction of products or used as props in cultural and artistic activities;
c) The weapons or combat gears are brought according to the programs and plans of the Ministry of National Defense or the Ministry of Public Security.
2. Vietnamese organizations and individuals may bring weapons or combat gears in the territory of Vietnam or bring them out of the territory of Vietnam if:
a) The weapons or combat gears are used for protecting VIPs as prescribed in Law on Guard;
b) The weapons or combat gears are used for sport training and competitions; exhibitions, displays, making offers, introduction of products or used as props in cultural and artistic activities;
c) The weapons or combat gears are brought according to programs and plans of the Ministry of National Defense or the Ministry of Public Security.
3. Organizations and individuals that are allowed to bring weapons and combat gears in the territory of Vietnam or bring them out of the territory of Vietnam but are not mentioned in Clauses 1 and 2 of this Article shall get permission of the Minister of Public Security.
Article 13. Quantity and types of weapons and combat gears allowed to be brought in or out of the territory of the Socialist Republic of Vietnam
1. An organization or individual is allowed to bring not more than 10 handguns enclosed with their ammunition and accessories (if any) and combat gears in or out of the territory of Vietnam to carry out protection mission. If an organization or individual brings more than 10 handguns enclosed with their ammunition and accessories (if any), this organization or individual shall get permission of the Minister of Public Security.
2. Police authorities assigned by the Minister of Public Security shall decide the quantity and types of weapons and combat gears brought in or out of the territory of the Socialist Republic of Vietnam for sport training and competitions; exhibitions, displays, making offers, introduction of products or used as props in cultural and artistic activities.
3. Quantity and types of weapons and combat gears brought in or out of the territory of the Socialist Republic of Vietnam in accordance with regulations in Point c Clause 1 and Point c Clause 2 Article 12 of this Law shall be decided by the Minister of National Defense and the Minister of Public Security.
Article 14. Procedures for issuance of licenses to bring weapons and combat gears in or out of the territory of the Socialist Republic of Vietnam
1. An application for the license to bring weapons or combat gears in or out of the territory of the Socialist Republic of Vietnam prescribed in Point a Clause 1, Point a Clause 2 of Article 12 of this Law shall consist of:
a) An application form which specifies reasons and time limit for bringing in and out; full name, number, date of issuance of ID card or passport of the person bringing the weapons or combat gears; quantity, types, trademarks, numbers and symbols of weapons or combat gears; their ammunition and accessories (if any) and vehicles; border checkpoint where the weapons or combat gears are brought in or out of the territory of the Socialist Republic of Vietnam;
b) A letter of introduction enclosed with a copy of the ID card, passport, police ID card or ID issued by the People's Army of the applicant.
c) A written permission issued by the Minister of Public Security as prescribed in Clause 1 Article 13 of this Article.
2. An application for the license to bring weapons and combat gears in or out of the territory of the Socialist Republic of Vietnam prescribed in Point b Clause 1, Point b Clause 2 of Article 12 of this Law shall consist of:
a) The documents prescribed in Points a and b of Clause 1 of this Article;
b) A copy of the decision, program or plan issued by the competent authority.
3. An application for the license to bring weapons and combat gears in or out of the territory of the Socialist Republic of Vietnam as prescribed in Clause 3 Article 12 of this Law shall consist of:
a) The documents prescribed in Points a and b of Clause 1, Point b Clause 2 of this Article;
b) A written permission issued by the Minister of Public Security.
4. An application containing the documents prescribed in Clauses 1, 2 or 3 of this Article shall be submitted to the competent authority assigned by the Minister of Public Security. Within 3 working days from the day on which the adequate application is received, the police authority shall issue the license or send a written explanation to the applicant in case of refusal to issue the license.
5. Procedures for issuance of licenses in the cases where weapons and combat gears are brought in or out of the territory of the Socialist Republic of Vietnam according to the programs and plans of the Ministry of National Defense shall comply with regulations issued by the Minister of National Defense.
Article 15. Management and use of weapons, explosives and combat gears used for exhibitions, displays, making offers or introduction of products or used as props in cultural and artistic activities
1. Weapons and combat gears used for exhibitions, displays or used as props in cultural and artistic activities shall be neutralized.
2. Weapons and combat gears shall only be used for making offers or introduced in accordance with the time and place registered with the competent authorities.
In the cases where the weapons and combat gears are brought in the territory of Vietnam to make offer or introduce, after the time limit for these activities expires, the adequate quantity and types of weapons and combat gears prescribed in the licenses shall be brought out of the territory of Vietnam.
3. Film studios operating under regulations of the Law on Cinematography, museums and performing art units are allowed to use weapons and combat gears for exhibitions and displays or use them as props in cultural and artistic activities.
4. If an organization wishes to use usable weapons, combat gears and explosives as props in cultural and artistic activities, the Minister of Public Security will decide this issue after reaching agreements with the Ministry of Culture, Sports and Tourism within its power and the Minister of National Defense will decide the cases under its management.
Usable weapons and combat gears and explosives for props in cultural and artistic activities shall be used by the specialized authority affiliated to the Ministry of Public Security or the Ministry of National Defense.
5. Procedures for issuance of licenses to use weapons and combat gears for exhibitions and displays or as props in cultural and artistic activities 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 and demands for, types and quantity of weapons and combat gears, a copy of a decision on establishment or operating license; 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 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 for equipment or use of weapons and combat gears or send a written explanation to the applicant in case of refusal to issue the license.
6. Procedures for issuance of licenses for equipment and use of weapons and combat gears for exhibitions and displays or as props in cultural and artistic activities under the management of the Ministry of National Defense shall comply with regulations issued by the Minister of National Defense
7. The Government shall provide detailed guidance on the power of and procedures for disabling the functions, effects and confirmation of condition of weapons and combat gears used for exhibitions, displays or used as props in cultural and artistic activities.
Article 16. Assessment of weapons and combat gears with similar properties and effects
1. Authorities that have power to assess weapons and combat gears with similar properties and effects shall include:
a) Institute of Crime Science affiliated to the Ministry of Public Security;
b) Criminal Techniques Division affiliated to provincial police
c) Division of Criminal Technical Inspection affiliated to the Ministry of National Defense.
2. Procedures for assessment of weapons and combat gears with similar properties and effects shall be gone through in accordance with regulations on Law on Judicial Expertise.
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.
Chapter III
MANAGEMENT AND USE OF EXPLOSIVES
Article 35. Research into, manufacture, maintenance and use of military explosives
1. Organizations affiliated to the Ministry of National Defense and Ministry of Public Security are allowed to research into, manufacture and maintain military explosives.
2. The research into, manufacture and maintenance of military explosives shall satisfy the following conditions:
a) The Minister of National Defense or Minister of Public Security assigns missions of research into, manufacture and maintenance of military weapons;
b) A system for management and safe technique is established. In particular, the commander shall provide directions and assign qualified and experienced people to take responsibility for carrying out tasks of safe techniques in each department or position facing high risks of fire incidents;
c) There are plans for ensuring security, order, fire prevention and environmental protection applied to establishments researching into and manufacturing weapons, systems of warehouses, loading and unloading places and vehicles. Maneuvers of fire prevention and rescue are carried out regularly. Warehouses of military explosives are designed and constructed in accordance with regulations in Clause 2 Article 9 of this Law.
3. The Minister of Ministry of National Defense and Minister of Public Security shall stipulate the research into, manufacture, maintenance and use of military weapons within their management.
Article 36. Transport of military explosives
1. The transport of military explosives shall comply with the following regulations:
a) Explosives shall only be transferred in case of an order for transporting explosives or a license to transport explosives issued by the competent authority;
b) The transport of explosives shall ensure secret and safety;
c) Military explosives shall be transported by specialized vehicles and the transport shall ensure safety, fire prevention and environmental protection;
d) Military explosives and people shall not be transported in a vehicle, except for people responsible for transporting military explosives;
dd) Vehicles containing military explosives shall not be stopped or parked in crowded places, residential areas, near filling stations or places where important works related to national defense, security, economy, culture and foreign affairs are located. The stop of the vehicle due to necessity of spending the night or incidents shall be notified to the nearest military or police authorities for cooperation in protection of weapons if necessary
2. Procedures for issuance of licenses to transport military explosives 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 transport military explosives shall consist of an application form specifying the reasons for and quantity of transported military explosives; the place of departure, place of arrival, time and route of transport; full name and address of the person in charge of transporting the explosives 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 military explosives or send a written explanation to the applicant in case of refusal to issue the license. A license to transport military explosives shall only apply to a shipment. Within 07 day from the day on which the transport of military explosives is completed, the license to transport weapons shall be returned to the licensing authority.
3. Procedures for issuance of orders for transporting military explosives applying to entities under the management of the Ministry of National Defense shall comply with regulations issued by the Minister of National Defense.
Article 37. Research into and production, trading, import and export of industrial explosives
1. The research into industrial explosives shall comply with the following regulations:
a) Industrial explosives shall be researched, developed and tested by the science and technology organizations or producers of industrial explosives according to research projects approved by competent authorities;
b) Production of industrial explosives and transfer of technology for industrial production of explosives shall be carried out in establishments producing industrial explosives that satisfy the conditions prescribed by law and obtaining licenses issued by competent authorities.
2. The production of industrial explosives shall comply with the following regulations:
a) Producers of industrial explosives shall be state-owned enterprises that are assigned by the Prime Minister at the request of the Minister of Industry and Trade, Minister of Public Security or Minister of National Defense;
c) Types of industrial explosives and production scale shall be conformable with developmental orientation of industrial explosives and ensure quality and safe techniques;
c) Managers, employees and workers engaged in the production of industrial explosives shall ensure the security and order, have eligible qualifications and be trained in safe technique, fire prevention and response to incidents in activities related to production of industrial explosives;
d) Measuring instruments and equipment shall be sufficient to be used for inspecting and supervising technical parameters and inspecting quality of material and components in the production process. The testing place shall be separate and safe as prescribed in standards and technical regulations;
dd) Industrial explosives shall be classified and labeled in accordance with regulations of law;
e) Producers of industrial explosives shall only sell right types of products to traders thereof.
3. The trading of industrial explosives shall comply with the following regulations:
a) Traders of industrial explosives shall be state-owned enterprises that are assigned by the Prime Minister at the request of the Minister of Industry and Trade, Minister of Public Security or Minister of National Defense;
b) Places of warehouses and harbors, loading and unloading places shall satisfy conditions for security and order and ensure the safe distances between those places and works and objects to be protected;
c) Warehouses, equipment for loading and unloading industrial explosives, vehicles, equipment and devices for trading in industrial explosives shall be designed and constructed conformably, satisfy requirements for maintenance and transport of industrial explosives and fire prevention. If there is no warehouse or vehicle, a contract with an organization allowed to maintain and transport industrial explosives is required
d) Managers and attendants engaged in trading of industrial explosives shall satisfy conditions for security and order, have suitable qualifications and be trained in safe technique, fire prevention and response to incidents in activities related to trading of industrial explosives;
dd) Traders of industrial explosives shall only trade in the industrial explosives included in the list of industrial explosives allowed to be produced, traded and used in Vietnam, trade in industrial explosives in accordance with regulations of business licenses and are allowed to purchase industrial explosives from organizations allowed to use industrial explosives but do not use them completely.
4. Industrial explosives shall be exported or imported as follows:
a) A trader of industrial explosives is allowed to export and import industrial explosives.
b) Industrial explosives shall only be exported or imported in case of a license to export or import industrial explosives issued by the competent authority affiliated to the Ministry of Industry and Trade;
c) Entrustment of export of industrial explosives shall only be carried out between enterprises allowed to produce or trade in the industrial explosives or organizations allowed to use the industrial explosives and enterprises allowed to trade in them.
5. The Government shall provide guidance on qualification, training in safe techniques, fire prevention and response to incidents related to production and trading of industrial explosives.
Article 38. Procedures for issuance of certificated of eligibility for producing industrial explosives
1. An application for a certificate of eligibility for producing industrial explosives shall consist of:
a) An application form for the certificate of eligibility for producing industrial explosives. An enterprise affiliated to the Ministry of National Defense shall submit an application made by the Ministry of National Defense or the authority assigned to manage industrial explosives by the Ministry of National Defense.
b) A copy of the written assignment of production of industrial explosives issued by the Prime Minister.
c) A copy of the decision on establishment of the enterprise or the ERC;
d) A copy of the decision on approval for project on constructing works for production of industrial explosives in accordance with regulations of law on construction investment and management;
dd) A copy of the certificate of eligibility for ensuring security and order; a document on assessment, inspection and commissioning in terms of fire prevention of houses, production works and warehouses maintaining industrial explosives;
e) A copy of the decision on recognizing the registration of industrial explosives and specifying these explosives in the list of industrial explosives allowed to be produced, traded and used in Vietnam in case of the new industrial explosives produced and used in Vietnam;
g) Copies of the decision on approving the environmental assessment report and written confirmation of completion of environmental protection works;
h) Arrangement of land and technology lines, systems of electricity and lightening conductors; a certificate of assessment of equipment subject to strict requirements for occupational safety and measuring equipment; testing results of criteria for explosives; commissioning of construction works;
i) A letter of introduction enclosed with a copy of ID card, passport, police ID card or ID issued by the Vietnam People’s Army of the person submitting the application.
2. If a producer of industrial explosives applies for the change of its name without any change in production conditions, it will only submit an application for form adjustment to the certificate of eligibility for producing industrial explosives, a copy of the decision on giving permission for change of the enterprise’s name and a copy of the certificate of eligibility for ensuring security and order issued by the competent authority.
3. If a producer of industrial explosives improves and upgrades it’s infrastructure and equipment used for producing industrial explosives without decrease in the requirements for site, technology and conditions for fire prevention and safe technique of licensed technology lines prescribed in standards and technical regulations, it will submit an application form for the certificate of eligibility for producing industrial explosives after improving or upgrading its infrastructure and equipment.
4. If production lines of a producer of industrial explosives are damaged by an incident, after having results of the investigation into this incident and restoring the production lines, the producer will make a technical dossier on restoration process and submit an application form for the certificate of eligibility for producing industrial explosives.
5. An application for a certificate of eligibility for producing industrial explosives shall be submitted to the competent authority assigned by the Minister of Industry and Trade. Within 5 working days from the day on which the adequate application is received, the competent authority shall carry out an inspection and assessment and issue the certificate of eligibility for producing industrial explosives or send a written explanation to the applicant in case of refusal to issue the certificate.
Article 39. Procedures for issuance of licenses to trade in industrial explosives
1. An application for a license to trade in industrial explosives shall consist of
a) An application form for the license to trade in industrial explosives. An enterprise affiliated to the Ministry of National Defense shall submit an application made by the Ministry of National Defense or the authority assigned to manage industrial explosives by the Ministry of National Defense.
b) A copy of the written assignment of trading of industrial explosives issued by the Prime Minister.
c) A copy of the decision on establishment of the enterprise or the ERC;
d) Copies of the certificate of eligibility for ensuring security and order; a document on assessment, inspection and commissioning in terms of fire prevention of warehouses and specialized vehicles used for transporting industrial explosives;
dd) A list of managers directly involved in the maintenance, transport and trading of industrial explosives; a dossier of the applicant's representative; work permits issued to foreign employees working for the applicant (if any); a declaration specifying systems of warehouses, harbors and workshops of the applicant and a written permission for putting these works into use; a list of specialized vehicles and copies of driving licenses; a certificate of standards, measurement and measuring quality issued to the facility experimenting on industrial explosives by the regulatory authority (if any); a plan or measure for prevention of and response to urgent incidents related to warehouses and vehicles of industrial explosives;
e) A letter of introduction enclosed with a copy of the ID card, passport, Police ID card or ID issued by the People's Army of the applicant.
2. An application for reissuance of a license to trade in industrial explosives shall consist of a report on the trading of industrial explosives according to the issued license and the documents prescribed in Clause 1 of this Article.
3. An application for a license to trade in industrial explosives shall be made in a set and submit to the competent authority assigned by the Minister of Industry and Trade. Within 5 working days from the day on which the adequate application is received, the competent authority shall carry out an inspection and assessment and issue the license to trade in industrial explosives or send a written explanation to the applicant in case of refusal to issue the certificate.
Article 40. Procedures for issuance of licenses to export or import industrial explosives
1. An application for a license to export or import industrial explosives shall consist of
a) An application form for a license to export or import industrial explosives;
b) A copy of the license to trade in industrial explosives;
c) Copies of contracts for exchanging industrial explosives signed with foreign enterprises and those signed with domestic enterprises;
d) A letter of introduction enclosed with a copy of the ID card, passport, Police ID card or ID issued by the People's Army of the applicant.
2. An application containing the documents prescribed in Clause 1 of this Article shall be submitted to the competent authority assigned by the Minister of Industry and Trade. Within 5 working days from the day on which the adequate application is received, the competent authority shall carry out an inspection and assessment and issue the license to export or import industrial explosives or send a written explanation to the applicant in case of refusal to issue the certificate.
3. The period of a license to export or import industrial explosives shall be 6 months.
Article 41. Use of industrial explosives
1. A user of industrial explosives shall satisfy the following conditions:
a) The organization is established in accordance with regulations of law, obtain an ERC and a license to operate in areas related to use of industrial explosives;
b) Activities related to minerals and oil or construction works, research and testing works or missions assigned by the Prime Minister are required to use industrial explosives;
c) Warehouses, technology, vehicles and equipment for using industrial explosives comply with standards and technical regulations. If the organization has no warehouse or vehicle, a written lease contract with an organization allowed to maintain and transport industrial explosives will be required.
d) Places used for using industrial explosives shall satisfy conditions for security, order, fire prevention, environmental hygiene and ensure the safe distances between these places and works and objects to be protected as prescribed in standards, technical regulations and relevant regulations;
dd) People managing and commanding the detonation of mines (“hereinafter referred to as “blasting commander”), combat engineers and other people engaged in use of industrial explosives satisfy conditions for security and order, have qualifications suitable for their positions and responsibilities and are trained in safe technique, fire prevention and response to incidents in activities related to use of industrial explosives;
e) The volume of explosives used in a quarter is 500 kilograms or more unless the explosives are used for the geological testing, survey and assessment.
2. A user of industrial explosives shall comply with the following regulations:
a) The user shall only purchase the industrial explosives included in the list of industrial explosives allowed to be produced, traded and used in Vietnam, except for traders of industrial explosives;
b) Industrial explosives that are redundant shall be sold to traders of industrial explosives;
c) The organization shall appoint the blasting commander and satisfy standards in and technical regulations on safety related to use of industrial explosives when detonating mines;
d) Designs and plans for detonating mines shall be conformable with the production scale and natural and social conditions of places where mines are detonated. Designs and plans for detonating mines shall specify measures for ensuring safety, protecting and guarding the area of detonation of mines from illegal penetration; procedures for giving warning and starting the detonation; procedures for maintaining explosives and supervising the consumption and destruction of industrial explosives at the places where mines are detonated and other contents as prescribed in standards and technical regulations.
Designs or plans for detonating mines shall be approved by the authority issuing licenses to use industrial explosives and obtain a written permission granted by the People’s Committee of the province or the regulatory authority if mines are detonated in residential areas, medical facilities, areas where historic and cultural relics, natural reserves, works of security and national defense or other important works and protected areas as prescribed by law. The organization shall supervise impacts on works and objects to be protected within the affecting scope of detonation of mines;
dd) Organizations and enterprise obtaining licenses to use industrial explosives issued by the Ministry of Industry and Trade or Ministry of National Defense shall send written notifications to the People’s Committee of provinces at least 10 days before activities specified in their licenses are carried out.
3. The Government shall provide guidance on qualifications and training in safe techniques related to use of industrial explosives.
Article 42. Procedures for issuance of licenses to use industrial explosives
1. An application for the license to use industrial explosives applying to organizations under the management of the Ministry of National Defense shall consist of:
a) An application form for the license to use industrial explosives.
b) A copy of the decision on establishment or the ERC. A foreign-invested enterprise shall submit a copy of its investment certificate or contracting license issued by the competent authority in accordance with regulations of law;
c) A copy of the certificate of eligibility for ensuring security and order;
d) A copy of the license to explore and extract minerals and oil applying to the enterprise whose business lines are related to minerals; a copy of the decision on winning the construction contract, a copy of the contract for undertaking contract package or a document on authorizing or assigning the execution of the construction contract made by the supervisory organization of the applicant;
dd) Designs for and shop drawings of work items and designs for extracting mines by using industrial explosives applying to industrial works; plans for execution and extraction applying to non-industrial construction activities. Designs or plans approved by the investor shall satisfy conditions for safety as prescribed in standards and technical regulations;
e) The plan for detonating mines approved by the applicant’s manager If mines are detonated in residential areas, medical facilities, areas where historic and cultural relics, natural reserves, works of security and national defense or other important works and other protected areas prescribed by law, the plan for detonating mines shall obtain a written permission granted by the competent authorities prescribed in Point d Clause 2 Article 41 of this Law;
g) A copy of the written commissioning in terms of fire prevention of explosives warehouses and conditions for ensuring safety prescribed in standards and technical regulations;
h) If an organization which submits an application for the license to use industrial explosives has no warehouses or vehicles, the application shall include a copy of the principal contract for leasing warehouses and vehicles signed with an organization owning warehouses or vehicles that satisfy conditions for safety prescribed in standards and technical regulations and fire prevention or a principal contract with an organization allowed to trade in industrial explosives for provision of industrial explosives for these works according to the blasting plan;
i) The decision on appointment of blasting commander made by the applicant's manager and the list of combat engineers and employees involved in the use of industrial explosives; work permits of foreign employees involved in the use of industrial explosives (if any); copies of professional certificates and certificates of training in safe techniques in activities related to industrial explosives issued to the blasting commander and combat engineers;
k) A letter of introduction enclosed with a copy of the ID card, passport or police ID card of the person submitting the application.
2. If an organization applies for reissuance of a license to use industrial explosives without any change in operating location and scale, an application shall consist of a report on using industrial explosives within the period of the issued license and the documents prescribed in Clause 1 of this Article.
3. If the organization that satisfies the conditions prescribed in Point b, d and dd Clause 1 of this Article is not able to detonate mines, it may sign a contract for carrying out all activities related to detonation of mines with an organization obtaining license for blasting service.
4. An application containing the documents prescribed in Clause 1 or Clause 2 of this Article shall be submitted to the competent authority assigned by the Ministry of Industry and Trade. Within 5 working days from the day on which the adequate application is received, the competent authority shall carry out an inspection and assessment and issue the license to use industrial explosives or send a written explanation to the applicant in case of refusal to issue the license.
5. The expiry date of a license to use industrial explosives shall be the same as those of the license to extract minerals but the period of this license shall not exceed 05 years. In the cases where industrial explosives are used for construction, testing and exploration of minerals, carrying out activities related to oil and gas and other activities assigned by the Prime Minister, the period of a license to use industrial explosives shall be based on the construction period but not exceed 2 years.
6. Procedures for issuance of licenses to use industrial explosives applying to organizations under the management of the Ministry of National Defense shall comply with regulations issued by the Minister of National Defense.
Article 43. Blasting service
1. Forms of and requirements for blasting services shall be specified as follows:
a) Blasting service means the execution of contracts for detonating mines between an organization providing blasting services and an organization or individual in need of such services and includes local blasting services within continental areas of a province or central-affiliated city; blasting services on the continental shelf and blasting services in the entire territory of the Socialist Republic of Vietnam;
b) Quantity, operating scope and scale of providers of blasting services shall be conformable with tasks and needs of concentrated construction, mineral extraction activities and particular socio-economic conditions of each region;
c) The regulatory authority in charge of industrial explosives shall appoint and compel the provision of blasting services in areas and places with particular security and social order and safety.
2. Conditions for, rights and responsibilities of a provider of blasting service shall be specified as follows:
a) The provider is established in accordance with regulations of law and has its blasting services registered. If a provider operates in the whole territory of the Socialist Republic of Vietnam, it shall be a state-owned enterprise;
b) The provider is eligible for using, maintaining and transporting explosives in accordance with regulations of this law. Its infrastructure, technique and personnel are enough to provide services to at least 05 organizations providing these services;
c) The provider will have rights and responsibilities prescribed in this Law and other relevant regulations of law if it uses, maintains and transports industrial explosives to provide blasting services.
3. A user of blasting services shall have the following rights and responsibilities:
a) The user is not required to obtain the license for operating in activities related to industrial explosives;
b) The user shall only hire a provider of blasting services to provide a type of blasting services at a position or place;
c) When maintaining, transporting and using industrial explosives, the user shall comply with the management of the provider of blasting services;
d) The user shall cooperate with and assist the provider of blasting services in problems related to security and safety in activities of industrial explosives.
4. An application for a license for blasting services shall consist of:
a) An application form for a license for blasting services. An enterprise affiliated to the Ministry of National Defense shall submit an application made by the Ministry of National Defense or the authority assigned to manage industrial explosives by the Minister of National Defense.
b) A copy of the decision on establishment or the ERC; A foreign-invested enterprise shall submit a copy of its investment certificate;
c) A copy of the certificate of eligibility for ensuring security and order;
d) An application form for blasting services made by the People’s Committee of the province in case of local blasting services within continental areas of a province or central-affiliated city; an application form for blasting services made by the competent authority in case of blasting services on the continental shelf or blasting services in the entire territory of the Socialist Republic of Vietnam;
dd) A plan for blasting services which specifies objectives, scale, scope, conformity with the planning , demands for blasting services and capacity for satisfaction of these demands; necessary conditions and measures for ensuring security and safety related to provision of blasting services; a copy of the license to use industrial explosives and the typical plan for detonating mines that has been carried out for 02 years prior to the day on which the application form for license for blasting services and the documents prescribed in Points g, h and i Clause 1 Article 42 of this Law;
e) If the applicant has obtained the license to trade in industrial explosives, the application shall exclude the documents prescribed in Points b, c and d of this Clause and Point h Clause 1 Article 42 of this Law;
g) A letter of introduction enclosed with a copy of the ID card, passport, police ID card or ID issued by the person submitting the application.
5. If an organization applies for reissuance of or adjustments to the license for blasting services, an application shall consist of a report on blasting services within the period of the issued license and the documents prescribed in Points b, c, d and dd Clause 4 of this Article.
6. An application including the document prescribed in Clause 4 or 5 of this Article shall be submitted to the competent authority assigned by the Minister of Industry and Trade. Within 5 working days from the day on which the adequate application is received, the competent authority shall carry out an inspection and assessment and issue the license for blasting services or send a written explanation to the applicant in case of refusal to issue the license.
7. The period of a license for blasting services shall be 02 years.
Article 44. Transport of industrial explosives
1. An organization transporting industrial explosives (hereinafter referred to as “transporter of industrial explosives") shall satisfy the following conditions:
a) The transporter is allowed to produce, trade in or use material explosives and the transport of goods is included in its registered business lines.
b) Vehicles used for transporting industrial explosives satisfy conditions prescribed in standards in and technical regulations on safety in activities related to industrial explosives and ensure conditions for safety and fire prevention;
c) People managing and driving vehicles and escorting and other people engaged in transport of industrial explosives satisfy conditions for security and order, have qualifications suitable for their positions and responsibilities and are trained in safe technique and fire prevention;
d) The transporter obtains the license to transport industrial explosives and has symbols showing that vehicle is transporting industrial explosives.
2. A person transporting industrial explosives shall comply with the following regulations:
a) He/she shall comply with the contents of the license to transport industrial explosives;
b) He/she shall inspect the condition of industrial explosives before starting the transport or after stopping or parking vehicles and deal with the occurred incidents;
c) He/she shall make a plan for ensuring safety and fire prevention related to the transport and take measures for responding to urgent incidents;
d) He/she shall follow sufficient procedures for delivering and receiving goods and documents related to industrial explosives;
dd) Vehicles containing industrial explosives shall not be stopped or parked in crowded places, residential areas, near filling stations or places where important works related to national defense, security, economy, culture and foreign affairs are located and shall not be transported in case of unpredictable weather. The stop of vehicle due to the necessity of spending the night or incidents during the transport of industrial shall be notified to the nearest military or police authorities for cooperation in protection of weapons if necessary
e) Industrial explosives and people shall not be transported in a vehicle, except for people responsible for transporting industrial explosives;
3. An application for the license to transport industrial explosives applying to entities that are not under the management of the Ministry of National Defense shall consist of:
a) An application form specifying the reasons for and quantity and types of transported industrial explosives; the place of departure, place of arrival, time and route of transport; full name and address of the person in charge of transporting the explosives and the person driving the vehicle; the vehicle’s license plate;
b) Copies of the ERC and the certificate of eligibility for ensuring security and order in production, trading and use of industrial explosives of the organization receiving the industrial explosives;
c) The documents proving the eligibility for transporting industrial explosives prescribed in Points a, b and c Clause 1 of this Article;
d) A letter of introduction enclosed with a copy of the ID card, passport or the police ID card of the person submitting the application.
4. An application for adjustments to the license to transport industrial explosives applying to entities that are not under the management of the Ministry of National Defense shall consist of:
a) An application form for the adjustments to the license to transport industrial explosives.
b) A copy of the license to transport industrial explosives;
5. An application for a license to transport industrial explosives shall be submitted to the police authority assigned by the Minister of Public Security.
6. Within 3 working days from the day on which the adequate application is received, the police authority shall issue the license to transport industrial explosives or send a written explanation to the applicant in case of refusal to issue the license. A license to transport military explosives shall only apply to a shipment. Within 07 day from the day on which the transport of industrial explosives is completed, the license to transport industrial explosives shall be returned to the licensing authority.
7. If there are multiple vehicles transporting industrial explosives in a shipment, only a license to transport industrial explosives will be issued. If the industrial explosives are transported by multiple types of vehicles, each type of vehicles shall be issued with a license to transport industrial explosives.
8. If the industrial explosives are transported inside a mine, a construction site or an establishment producing or maintaining industrial explosives on the routes which do not intersect public waterways or roads, the license to transport industrial explosives is not required but the regulations prescribed in Points b, c, d and e Clause 2 of this Article shall be complied.
9. In case of requirements for ensuring security, social order and safety related to national activities or activities in regions subject to special requirements for ensuring security and safety, the competent authority shall decide to suspend the issuance of licenses to transport industrial explosives or effects of these licenses.
10. The adjustments to, issuance, revocation and suspension of issuance of orders to transport industrial explosives applying to entities under the management of the Ministry of National Defense shall comply with regulations issued by the Minister of National Defense.
Article 45. Responsibilities of organizations researching into, manufacturing, trading in, transporting and using industrial explosives
1. An organization researching into, manufacturing, trading in, transporting or using industrial explosives shall:
a) Obtain a license, certificate or approval issued by the competent authority;
b) Establish a department in charge of managing and inspecting safety and analyzing risks to safety formulate a plan for detonating mines, plan for rescue in case of emergency, issue internal regulations, regulations on and procedures for ensuring security, safety, fire prevention and environmental protection in activities related to industrial explosives.
c) Preserve and keep records and documents of each type of industrial explosives for 10 years;
d) Submit regular reports or surprise reports
2. Organizations manufacturing, trading in or using industrial explosives shall buy and sell goods in accordance with volume, quantity and types of industrial explosives prescribed in the licenses issued by competent authorities.
3. The Minister of Industry and Trade shall provide detailed guidance on Clause 1 of this Article.
Chapter IV
MANAGEMENT AND USE OF EXPLOSIVES PRECURSORS
Article 46. Research into, manufacture, trading, import, export and repair of explosives precursors
1. Explosives precursors shall be researched and manufactured by science and technology organizations or producers of explosives precursors.
2. The production of explosives precursors shall satisfy the following conditions:
a) The producer is established in accordance with regulations of law;
b) The place of production satisfies conditions for ensuring security and order. Workshops, warehouses, technologies, equipment and vehicles for production are designed and constructed in conformity with the scale and characteristics of explosives precursors; ensure requirements for safety and fire prevention and safe distances between these places and works and objects to be protected and ensure environmental protection in accordance with regulations of law;
c) Vehicles and measuring equipment shall be sufficient to inspect and supervise technical parameters and inspect quality of material and components in the production process.
d) The producer of explosives precursors only produce and sell right types of explosives precursors to enterprises producing industrial explosives, trading in and using explosives precursors.
3. The trading of explosives precursors shall satisfy the following conditions:
a) The trader is established in accordance with regulations of law;
b) Places of warehouses, harbors, loading and unloading places of explosives precursors satisfy conditions for security and order; have necessary equipment for ensuring safety and fire prevention; ensure the safe distance between those places and works and objects to be protected as prescribed in standards, technical regulations and relevant regulations. Warehouses containing or warehouses hired to contain explosives precursors satisfy conditions for maintenance of quality during the period of trading. Equipment used for containing and storing explosives precursors ensure quality and environmental hygiene. Vehicles used for transporting explosives precursors comply with regulations of law on transport of dangerous goods. There are legal documents proving origins of place of production, place of import and place of provision of explosives precursors for trading. There is equipment for controlling, collecting and treating hazardous wastes or contracts for transporting, treating and destroying hazardous waste as prescribed in Law on environmental protection;
c) Plans or measures for prevention of and response to chemical incidents are approved or confirmed by competent authorities in accordance with regulations of Law on chemicals;
d) Managers and employees engaged in trading of explosives precursors are trained in safe technique related to chemicals and fire prevention.
4. Explosives precursors shall be exported or imported as follows:
a) An enterprising producing or trading in explosives precursors is allowed to export and import industrial explosives.
b) Explosives precursors shall only be exported or imported if they obtain licenses to export or import explosives precursors issued by the competent authority affiliated to the Ministry of Industry and Trade;
c) Entrustment of export of explosives precursors shall only carried out between enterprises allowed to produce or trade in the explosives precursors or organizations allowed to use the explosives precursors and enterprises allowed to produce and trade in them.
5. Exemption from licenses shall be specified as follows:
a) Licenses to trade in, export or import explosives precursors for scientific research and testing whose used quantity per year is 5 kilograms or less shall be exempted;
b) An organizations importing explosives precursors for production, research and testing shall obtain the license to import explosives precursors and be exempted from the license to trade in explosives precursors but it shall ensure the conditions for trading in explosives precursors prescribed in Clause 3 of this Article;
c) If an organization that does not use completely its explosives precursors sells the redundant explosives to legal providers of explosives precursors, it will be exempted from the license to trade in explosives precursors.
Article 47. Procedures for issuance of certificates of eligibility for producing explosives precursors
1. An application for a certificate of eligibility for producing explosives precursors shall consist of:
a) An application form for the certificate of eligibility for producing explosives precursors;
b) A copy of the decision on establishment issued by the competent authority or a copy of the ERC;
c) A copy of the decision on approving the project on constructing works for production of explosives precursors in accordance with regulations of law on construction investment and management;
d) A copy of the certificate of eligibility for ensuring security and order in case of production of explosives precursors whose content of ammonium nitrate is 98.5 % or over;
dd) Copies of documents on assessment, inspection and commissioning in terms of fire prevention of houses, production works and warehouses maintaining industrial explosives;
e) Copies of the decision on approving the environmental assessment report applying to the producer of explosives precursors and written confirmation of completion of environmental protection works;
g) A letter of introduction enclosed with a copy of the ID card, passport, police ID card or ID issued by the person submitting the application.
2. If an enterprise that is producing explosives precursors applies for the change of its name without any change in production conditions, it will only submit an application for adjustment to the certificate of eligibility for producing explosives precursors, a copy of the decision on giving permission for change of the enterprise’s name and a copy of the certificate of eligibility for ensuring security and order issued by the police authority applying to the producer of explosives precursors whose content of ammonium nitrate is 98.5 % or over.
3. If a producer of explosives precursors improves and upgrades infrastructure and equipment used for producing explosives precursors without any decrease in the requirements for site, technology and conditions for fire prevention and safe technique of licensed technology lines prescribed in standards and technical regulations, it will submit an application for the certificate of eligibility for producing explosives precursors after improving or upgrading its infrastructure and equipment.
4. If production lines of a producer of explosives precursors are damaged by an incident, after having results of the investigation into this incident and restoring the production lines, the producer will make a technical dossier on restoration process and submit an application for the certificate of eligibility for producing explosives precursors.
5. An application for a certificate of eligibility for producing explosives precursors shall be made in a set and submit to the competent authority assigned by the Minister of Industry and Trade. Within 5 working days from the day on which the adequate application is received, the competent authority shall carry out an inspection and assessment and issue the certificate of eligibility for producing explosives precursors or send a written explanation to the applicant in case of refusal to issue the certificate.
Article 48. Procedures for issuance of licenses to trade in explosives precursors
1. An application for a license to trade in explosives precursors shall consist of
a) An application form for a license to trade in explosives precursors;
b) A copy of the ERC or investment certificate issued by the competent authority which contains business lines related to chemicals or industrial explosives;
c) A copy of the certificate of eligibility for ensuring security and order in case of trading of explosives precursors whose content of ammonium nitrate is 98.5 % or over;
d) Copies of documents on assessment, inspection and commissioning in terms of fire prevention of warehouses and specialized vehicles used for transporting explosives precursors;
dd) A declaration of warehouses, harbors and workshops of the trader, a written permission for putting these works into use; a list of specialized vehicles used for transporting explosives precursors and copies of driving licenses; a plan or measure for prevention of and response to urgent incidents related to warehouses and vehicles of explosives precursors;
e) A letter of introduction enclosed with a copy of the ID card, passport, police ID card or ID issued by the People's Army of the person submitting the application.
2. An application containing the documents prescribed in Clause 1 of this Article shall be submitted to the competent authority assigned by the Minister of Industry and Trade. Within 5 working days from the day on which the adequate application is received, the competent authority shall carry out an inspection and assessment and issue the license to trade in explosives precursors or send a written explanation to the applicant in case of refusal to issue the license. The period of a license to trade in explosives precursors shall be 5 years.
3. Procedures for replacement, issuance of or adjustments to licenses to trade in explosives precursors shall be specified as follows:
Expired licenses to trade in explosives precursors shall be replaced An application shall consist of an application form for replacement of the license to trade in explosives precursors. If a trader of explosives precursors changes contents of ERC, place, scale of or conditions for trading of explosives precursors, it will provide documents proving changed contents;
b) A license to trade in explosives precursors shall be reissued in case of loss or damage. The expiry date of the new license shall be the same as those of the issued license. An application shall consist of an application form for reissuance of the license; a written explanation for loss or damage of the issued license and handling results;
c) The license to trade in explosives precursors shall be adjusted in case of changes in contents of ERC, place, scale of or conditions for trading of explosives precursors or changes in information related to the applicant. An application shall consist of an application form for adjustments to the license; documents proving changed contents. The expiry date of the license shall be remained;
d) An application containing the documents prescribed in Point a, b or c of this Clause 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 competent authority affiliated to the Ministry of Industry and Trade shall replace, reissue or adjust the license to trade in explosives precursors or send a written explanation to the applicant in case of refusal to issue the license.
Article 49. Procedures for issuance of licenses to export or import explosives precursors
1. An application for a license to export or import explosives precursors shall consist of
a) An application form for the license to export or import industrial explosives;
b) A copy of the license to trade in explosives precursors applying to the trader of explosives precursors or a copy of the certificate of eligibility for producing explosives precursors applying to the producer of explosives precursors;
c) A copy of the contract, order for or invoice of purchase and sale of explosives precursors;
d) A description of production or testing processes related to explosives precursors or the outline of research using explosives precursors applying to organizations or individuals importing explosives precursors for production, research and testing;
dd) A letter of introduction enclosed with a copy of the ID card, passport, police ID card or ID issued by the People's Army of the person submitting the application.
2. An application containing the documents prescribed in Clause 1 of this Article shall be submitted to the competent authority assigned by the Minister of Industry and Trade. Within 5 working days from the day on which the adequate application is received, the competent authority shall carry out an inspection and issue the license to export or import explosives precursors or send a written explanation to the applicant in case of refusal to issue the license. Period of a license to export or import explosives precursors shall be 6 months.
3. Organizations that have obtained licenses to import explosives precursors are not required to obtain the confirmation of declaration of chemicals included in the list of chemicals to be declared in accordance with the Law on Chemicals.
Article 50. Transport of explosives precursors
1. An organization transporting explosives precursors (hereinafter referred to as “transporter of explosives precursors") shall satisfy the following conditions:
a) The transporter is allowed to produce, trade in or use material explosives and the transport of goods is included in its registered business lines.
b) Vehicles used for transporting explosives precursors satisfy conditions prescribed in standards in and technical regulations on safety in activities related to explosives precursors and ensure conditions for safety and fire prevention;
c) People managing and driving vehicles and escorting and other people engaged in transport of explosives precursors have qualifications suitable for their positions and responsibilities and are trained in safety and fire prevention;
d) The transporter obtain the order for transporting explosives precursors or the license to transport explosives precursors and have symbols showing that the vehicle is transporting explosives precursors.
2. A person transporting explosives precursors shall comply with the following regulations:
a) The contents of the license to transport explosives precursors shall be complied;
b) He/she shall inspect the condition of explosives precursors before starting the transport or after stopping or parking vehicles and deal with the occurred incidents;
c) He/she shall formulate a plan for ensuring safety and fire prevention related to the transport and take measures for responding to urgent incidents;
d) He/she shall follow sufficient procedures for delivering and receiving goods and documents related to explosives precursors;
dd) Vehicles containing explosives precursors shall not be stopped or parked in crowded places, residential areas, near filling stations or places where important works related to national defense, security, economy, culture and foreign affairs are located and shall not transport explosives precursors in case of unpredictable weather. The stop of vehicles due to necessity of spending the night or incidents during the transport of weapons shall be notified to the nearest military or police authorities for cooperation in protection of explosives precursors if necessary;
e) Explosives precursors and people shall not be transported in a vehicle, except for people responsible for transporting explosives precursors;
3. An application for the license to transport explosives precursors applying to entities that are not under the management of the Ministry of National Defense shall consist of:
a) An application form specifying the reasons for and quantity and types of transported explosives precursors; the place of departure, place of arrival, time and route of transport; full name and address of the person in charge of transporting the explosives precursors and the person driving the vehicle; the vehicle’s license plate;
b) A copy of the decision on establishment issued by the competent authority or a copy of the ERC;
c) A copy of the certificate of eligibility for ensuring security and order applying to establishments producing or trading in explosives precursors whose content of ammonium nitrate is 98.5 % or over;
d) The documents proving the eligibility for transporting explosives precursors prescribed in Points a and b Clause 1 of this Article;
dd) A letter of introduction enclosed with a copy of the ID card, passport or the police ID card of the person submitting the application.
4. An application for adjustments to the license to transport explosives precursors applying to entities that are not under the management of the Ministry of National Defense shall consist of:
a) An application form for the adjustments to the license to transport explosives precursors.
b) A copy of the license to transport explosives precursors.
5. An application containing the documents prescribed in Clause 3 and 4 of this Clause shall be submitted to the police authority assigned by the Minister of Public Security;
6. Within 3 working days from the day on which the adequate application is received, the police authority shall issue and adjust the license to transport explosives precursors or send a written explanation to the applicant in case of refusal to issue and adjust the license.
A license to transport explosives precursors shall only apply to a shipment. Within 07 days from the day on which the transport of explosives precursors is completed, the license to transport explosives precursors shall be returned to the licensing authority.
7. If there are multiple vehicles transporting explosives precursors in a shipment, only a license to transport will be issued for all vehicles. If the industrial explosives are transported by multiple types of vehicles, each type of vehicles shall obtain a license to transport explosives precursors.
8. If the transporter has no warehouses or vehicles, a written contract for leasing warehouses and vehicles with an organization allowed to maintain and transport explosives precursors will be required.
9. If the explosives precursors are transported inside a mine, a construction site or an establishment producing or maintaining explosives precursors on the routes which do not intersect public waterway or roads, the license to transport industrial explosives is not required but the regulations prescribed in Points b, c, d and e Clause 2 of this Article shall be complied.
10. In case of requirements for ensuring security, social order and safety related to national activities or activities in regions subject to special requirements for ensuring security and safety, the competent authority shall decide to suspend the issuance of licenses to transport explosives precursors or effects of these licenses.
11. The adjustments to, issuance, revocation and suspension of orders for transporting explosives precursors applying to entities under the management of the Ministry of National Defense shall comply with regulations issued by the Minister of National Defense.
Article 51. Responsibilities of organizations researching into, manufacturing, trading in, transporting and using explosives precursors
1. Organizations shall maintain sufficient conditions for ensuring security, order, safety, fire prevention and environmental protection during the research into, manufacture, trading, transport and use of explosives precursors and shall:
a) Preserve and keep records and documents of each type of explosives precursors for 05 years;
b) Submit regular or surprise reports;
c) Comply with regulations on safety related to the use, storage, maintenance and treatment of chemical wastes in case of dangerous chemicals as prescribed in Law on Chemicals.
2. Users of explosives precursors shall only purchase the explosives precursors included in the list of explosives precursors allowed to be produced, traded and used in Vietnam from legal producers and traders of explosives precursors. If a user does not use completely its explosives precursors, it will sell the redundant explosives precursors to legal producers and traders of explosives precursors.
3. Producers and traders of explosives precursors shall obtain licenses or certificates issued by the competent authority and only trade in the explosives precursors prescribed in the list of explosives precursors allowed to be produced, traded and used in Vietnam.
4. The Minister of Industry and Trade shall provide detailed guidance on Clause 1 of this Article.
Chapter V
MANAGEMENT AND USE OF COMBAT GEARS
Article 52. Research into, manufacture, trading, export, import and repair of combat gears
1. Combat gears shall be researched, manufactured and repaired by organizations affiliated to the Ministry of Public Security and the Ministry of National Defense and these activities shall satisfy the following conditions:
a) Organizations are assigned to research, manufacture and repair combat gears by the Minister of Public Security and the Minister of National Defense;
b) Conditions for ensuring security, order, fire prevention and environmental protection are satisfied;
c) Combat gears are researched and manufactured by producers of combat gears in accordance with research plans approved by the competent authority;
d) Measuring instruments and equipment are sufficient to inspect and supervise technical parameters and inspect quality of combat gears in the production process. The testing places are separate and safe as prescribed in standards and technical regulations;
dd) Types of combat gears ensure the quality, standards and technical regulations. Each supporting tool has its own label, number, symbol, country of production, year of production and expiry date;
e) Managers, employees and workers engaged in the production of combat gears shall ensure the security and order, have suitable qualifications and are trained in safe technique, fire prevention and response to incidents in activities related to production of combat gears;
2. The trading of combat gears shall satisfy the following conditions:
a) Traders of combat gears are state-owned enterprises established in accordance with regulations of law;
b) Conditions for ensuring security, order, fire prevention and environmental protection are satisfied;
c) Warehouses, vehicles and equipment for trading of industrial explosives are conformable and their conditions for maintenance and transport of combat gears and fire prevention are ensured;
d) Managers, employees and workers engaged in the trading, export or import of combat gears shall ensure the security and order, have suitable qualifications and are trained in management of combat gears and fire prevention;
dd) Only combat gears complying with standards and technical regulations and license to trade in combat gears are traded.
3. Combat gears shall be exported or imported as follows:
a) Producers and traders of combat gears are allowed to export and import combat gears;
b) Imported or exported combat gears shall ensure the quality, standards and technical regulations. Each combat gear shall have its own label, number, symbol, country of production, year of production and expiry date;
4. The Minister of Ministry of National Defense and Minister of Public Security shall provide guidance on the management and use of and training for military animals.
Article 53. Procedures for issuance of licenses to trade in combat gears
1. An application for the license to trade in combat gears applying to organizations not under the management of the Ministry of National Defense shall consist of:
a) An application form for the license to trade in combat gears.
b) A copy of the decision on establishment or the ERC;
c) Copies of documents proving the satisfaction of conditions for ensuring safety and fire prevention in business premises and warehouses of combat gears;
d) The list of managers and employees engaged in the maintenance and trading of combat gears; the representative’ personal dossier; the plan or measure for prevention of and response to urgent incidents applying to warehouses used for maintaining combat gears;
dd) A letter of introduction enclosed with a copy of the ID card, passport or police ID card of the person submitting the application.
2. An application for reissuance of a license to trade in combat gears shall consist of a report on the trading of combat gears within period of the issued license and the documents prescribed in Clause 1 of this Article.
3. An application for a license to trade in combat gears shall be submitted to the competent authority assigned by the Minister of Industry and Trade. Within 5 working days from the day on which the adequate application is received, the competent authority shall carry out an inspection and assessment and issue the license to trade in combat gears or send a written explanation to the applicant in case of refusal to issue the license.
4. Procedures for issuance of licenses to trade in combat gears applying to organizations under the management of the Ministry of National Defense shall comply with regulations issued by the Minister of National Defense.
Article 54. Procedures for issuance of licenses to export or import combat gears
1. An application for the license to export or import combat gears applying to organizations not under the management of the Ministry of National Defense shall consist of:
a) An application form for a license to export or import combat gears;
b) A copy of the license to trade in combat gears;
c) A letter of introduction enclosed with a copy of the ID card, passport or police ID card of the person submitting the application.
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 competent authority shall carry out an inspection and assessment and issue the license to export or import combat gears or send a written explanation to the applicant in case of refusal to issue the license. Period of a license to export or import combat gears shall be 30 days.
3. Procedures for issuance of licenses to export or import combat gears applying to organizations under the management of the Ministry of National Defense shall comply with regulations issued by the Minister of National Defense.
Article 55. Entities equipped with combat gears
1. The following entities are equipped with combat gears:
a) Vietnam People’s Army;
b) Vietnam Civil Defense Force;
c) Vietnam Coast Guards
d) Vietnam People's Public Security
dd) Cipher force;
e) Investigating authorities affiliated to People’s Supreme Procuracy;
g) Authorities in charge of enforcement of civil judgments
h) Foresters, full-time forest protection forces, Vietnam Fisheries Resources Surveillance, forces directly carry out specialized fishery inspections;
i) Customs officers working at border checkpoints and full-time forces carrying out tasks of anti-smuggling affiliated to customs to Vietnam Customs.
k) Inspecting teams affiliated to the market control forces;
l) Aviation security force, forces directly carry out specialized inspections related to transportation;
m) Guardians of authorities, organizations; providers of security services;
n) Neighborhood security guards;
o) Sporting clubs and providers of training in sports that have obtained operating licenses;
p) Drug detoxification facilities;
q) According to properties, requirements and missions, the Minister of Public’s Security shall decide to provide combat gears for other entities.
2. According to properties, requirements and missions, the Minister of Public’s Security shall stipulate the equipment of combat gears for personnel of the Vietnam People’s Army, Vietnam Civil Defense Force, Vietnam coast guard, 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 combat gears for entities not under the management of the Ministry of National Defense.
Article 56. Procedures for being equipped with combat gears
1. Procedures for being equipped with combat gears 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 and conditions for and types and quantity of combat gears to be equipped, a copy of a decision on establishment or ERC of the applicant; a decision on establishment of full-time guard force issued by the authority, organization establishing this force; 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 being equipped with combat gears shall be submitted to the police authority assigned by the Minister of Public Security;
c) Within 10 working days from the day on which the adequate application is received, the police authority shall issue the license to be equipped with combat gears and instruct the applicant to equip these tools 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 combat gears shall be 30 days.
2. Procedures for providing combat gears for personnel of the Vietnam People’s Army, Vietnam Civil Defense Force, Vietnam coast guard, cipher force, 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 57. Procedures for issuance of licenses to purchase combat gears
1. An organization affiliated to the Ministry of Public Security that is allowed to produce and trade in combat gears shall prepare an application consisting of the following documents when purchasing combat gears:
a) An application form for the license to purchase combat gears which specifies quantity and types of combat gears; name and address of the seller;
b) A letter of introduction enclosed with a copy of the ID card, passport or police ID card of the person submitting the application.
2. An application for a license to purchase combat gears 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 combat gears or send a written explanation to the applicant in case of refusal to issue the license. Period of a license to purchase combat gears shall be 30 days.
3. Procedures for issuance of licenses to purchase combat gears to organizations affiliated to the Ministry of National Defense and are allowed to produce and trade in weapons shall comply with regulations issued by the Minister of National Defense.
Article 58. Procedures for issuance of licenses to use combat gears and combat gear registration certificate
1. Procedures for issuance of licenses to use combat gears and combat gear registration certificate applying to entities that are not under the management of the Ministry of National Defense shall be specified as follows:
a) A license to use combat gears shall be issued to stun guns, guns shooting asphyxiant gas, guns shooting poisons, tranquillizer guns, coilguns, laser gun, net guns; rope launchers; guns using plastic bullets, guns using exploding bullets, guns using rubber bullets, tear gas, flares, tracers; stun batons, metal batons Other types of combat gears shall obtain combat gear registration certificates;
b) An application for the license to use combat gears or the combat gear registration certificates shall consist of an application form which specifies the quantity, types, producing country, trademark, number and symbol of each type of combat gears; a copy of license to be equipped with combat gears; 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;
c) An application for replacement or reissuance of the license to use combat gears or the combat gear registration certificates shall consist of an application form which specifies the reasons, quantity, type, trademark, number and symbol of each type of combat gears If a license to use combat gears or combat gear registration certificate is loss or damaged, a written explanation which specifies reasons and handling results will be required; a letter of introduction enclosed with a copy of the ID card, passport or police ID card of the person submitting the application.
d) An application for a license to use combat gears or combat gear registration certificate shall be submitted to the police authority assigned by the Minister of Public Security.
dd) Within 10 working days from the day on which the adequate application is received, the police authority shall carry out a site inspection and issue the license to use combat gears or combat gear registration certificate or send a written explanation to the applicant in case of refusal to issue the license or the certificate;
e) Licenses to use combat gears shall only be issued to organizations allowed to be equipped with combat gears and the period of each license shall be 05 years. A license to use combat gears shall be replaced in case of expiry and reissued in case of loss or damage.
g) Combat gear registration certificates shall only be issued to organizations allowed to be equipped with combat gears and the period of each license shall be unlimited. A combat gear registration certificate shall be replaced in case of expiry and reissued in case of loss or damage.
2. Procedures for issuance of licenses to use combat gears or combat gear registration certificates applying to the personnel of the Vietnam People’s Army, Vietnam Civil Defense Force, Vietnam coast guard, cipher force, 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 59. Transport of combat gears
1. The transport of combat gears shall comply with the following regulations:
a) Combat gears shall only be transferred in case of orders for transporting weapons or a license to transport weapons issued by the competent authority;
b) The transport of combat gears shall ensure secret and safety;
c) The transport of large quantity of combat gears or flammable or dangerous combat gears shall use specialized vehicles and satisfy conditions for fire prevention;
d) Weapons and people shall not be transported in a vehicle, except for people responsible for transporting combat gears;
dd) Vehicles used for transporting combat gears 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 vehicles due to 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 combat gears.
2. Procedures for issuance of licenses to transport combat gears applying to entities that are not under the management of the Ministry of National Defense shall be specified as follows:
a) An application for transporting combat gears shall consist of an application form specifying the reasons, quantity and types of transported combat gears; the place of departure, place of arrival, time and route of transport; full name and address of the person in charge of transporting the combat gears 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 combat gears or send a written explanation to the applicant in case of refusal to issue the license.
d) The period of a license to transport combat gears shall be 30 days. A license to transport combat gears shall only apply to a shipment. Within 07 day from the day on which the transport of weapon is completed, the license to transport combat gears shall be returned to the licensing authority.
3. Procedures for issuance of orders for transporting combat gears applying to the personnel of the Vietnam People’s Army, Vietnam Civil Defense Force, Vietnam coast guard, cipher force, 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 60. Procedures for issuance of licenses to repair combat gears
1. Procedures for issuance of licenses to repair combat gears 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 combat gears shall consist of an application form specifying types, trademark, number and symbol of each type of repaired combat gears; 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 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 combat gears or send a written explanation to the applicant in case of refusal to issue the license.
2. Procedures for issuance of licenses to repair gears applying to the personnel of the Vietnam People’s Army, Vietnam Civil Defense Force, Vietnam coast guard, cipher force, 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 61. Use of combat gears
1. A person assigned to use combat gears 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) Combat gears are used for preventing and dispersing illegal demonstrations, riots, disturbance to the public order and violation of national security, social order and safety;
c) Combat gears are used for preventing a person from threatening lives and health of law enforcement officials or other people;
d) Combat gears are used for preventing and dispersing the disturbance, opposition or disobedience to the orders of law enforcement officials, risks to security and safety of prisons, detention camps, custody houses, reformatories, compulsory education establishments and drug detoxification facilities;
dd) Combat gears are used in case of justified self-defense or emergency as prescribed by law.
2. People assigned to use combat gears shall not take responsibility for damage cause by the use of combat gears if they comply with regulations of this Article and other relevant regulations of law. If a person uses combat gears beyond the justified force in self-defense, causes obvious damage beyond the urgent circumstances, abuses the use of combat gears for violating the lives, health, legal rights and interests of an organization or another person, he/she shall be dealt with in accordance with regulations of law.
Article 62. Responsibilities of organizations researching into, manufacturing, trading in, transporting and repairing combat gears
1. Organizations shall maintain conditions for ensuring security, order, safety, fire prevention and environmental protection during the research into, manufacture, trading, transport and repair of combat gears.
2. Producers and traders of combat gears shall only purchase, sell, export, import and repair combat gears in accordance with the licenses issued by the competent authorities.
Chapter VI
RECEIPT, COLLECTION, CLASSIFICATION, MAINTENANCE, LIQUIDATION AND DESTRUCTION OF WEAPONS, EXPLOSIVES AND COMBAT GEARS
Article 63. Principles of receipt, collection, classification, maintenance, liquidation and destruction of weapons, explosives and combat gears
1. Organizations and individuals shall declare and transfer weapons, explosives and combat gears which are obtained from any source or discovered or collected to military authorities, police authorities or People’s Committee of the nearest region if they are not allowed to be equipped with or use these weapons in accordance with regulations of law.
2. The receipt, collection, classification, maintenance, liquidation and destruction of weapons, explosives and combat gears shall ensure safety and reduce impacts on the environment. Weapons, explosives and combat gears that are received and collected shall be transported by specialized vehicles or other vehicles which shall ensure the safety.
3. Weapons, explosives and combat gears shall be received and collected regularly and through campaigns.
4. Weapons, explosives and combat gears that are usable shall be put into use in accordance with regulations of law after being classified.
5. The classification, maintenance, liquidation and destruction of weapons, explosives and combat gears provided for entities under the management of the National Defense shall be stipulated by the Minister of National Defense and those provided for entities not under the management of Ministry of National Defense shall be stipulated by the Minister of Public Security.
6. People in charge of receipt, collection, classification, maintenance, liquidation and destruction of weapons, explosives and combat gears shall be trained in qualifications and provided with protective equipment to ensure safety.
Article 64. Receipt and collection of weapons, explosives and combat gears
1. Weapons, explosives and combat gears to be received and collected shall include the weapons, explosives and combat gears prescribed in Article 3 of this Law; wastes and accessories of weapons, explosives and combat gears; explosives derived from bombs, mines, grenades, ammunition, flashbangs, torpedoes, naval mines.
2. Weapons, explosives and combat gears shall be received and collected if:
a) They belong to organizations and individuals that shall not be equipped with or own these weapons as prescribed by law;
b) Weapons, explosives and combat gears involved in a case that have been dealt with in accordance with regulations of law by competent authorities or discovered and kept by the applicable authorities;
c) Organizations and individuals that are responsible for managing or owning discovered weapons, explosives and combat gears are not determined or weapons, explosives and combat gears exist after the war ends.
Article 65. Digging and searching for weapons and explosives
1. An organization or individual that wishes to dig or search for weapons and explosives shall submit an application to the People’s Committee of the district.
a) An application shall consist of an application form specifying reasons and requirements for digging or searching for weapons and explosives; copies of documents proving the use, management or execution of legal works in the place where weapons and explosives will be searched;
b) Within 5 working days from the day on which the adequate application is received, the People’s Committee of the district shall reply the applicant in writing or send a written explanation in case of disagreement.
2. After receiving permission of the People’s Committee of the district, the applicant shall request or hire the eligible organizations and units prescribed in Clause 5 of this Article to dig or search for weapons and explosives.
3. The applicant shall send a notification to the People’s Committee of the commune at least 5 days before digging or searching for weapons and explosives for cooperation in ensuring safety. The applicant shall only dig or search for weapons and explosives within the permitted scope and place.
4. If the applicant wishes to dig or search for weapons and explosives outside the permitted scope and place, an application shall be sent to the People’s Committee of the district. Within 05 working days, the People’s Committee of the district shall send a written response to the applicant or send a written explanation in case of refusal.
5. Organizations that are allowed to dig or search for weapons and explosives shall include technical units specialized in weapons and engineers affiliated to the Ministry of Defense and the Ministry of Public Security and other organizations receiving permission from the Prime Minister.
Article 66. Power to receive, collect, classify, liquidate and destroy weapons, explosives and combat gears
1. People’s Committees of communes and districts, military authorities, police authorities, military units have power to receive and collect weapons, explosives and combat gears.
2. Military authorities and police authorities of districts, local regiments or superior military units shall classify weapons, explosives and combat gears that have been received and collected
3. Supervisory authorities of the authorities prescribed in Clause 2 of this Article shall have the power to decide to liquidate weapons, explosives and combat gears.
4. Military authorities and police authorities of districts and local regiments or superior military units shall destroy weapons, explosives and combat gears.
5. Weapons, explosives and combat gears that are material evidences or involved in a case shall be handled in accordance with regulations of law on criminal procedures.
Article 67. Procedures for receiving and collecting weapons, explosives and combat gears
1. Procedures for receiving weapons, explosives and combat gears shall be specified as follows:
a) Organize the receipt of weapons, explosives and combat gears;
b) Make a record on receipt of weapons, explosives and combat gears; the receipt shall be made into 2 copies. A copy shall be kept by the transferring authority or individual and the other copy shall be kept by the receiving authority;
c) Specify sufficient information related to the receipt of weapons, explosives and combat gears shall be specified in the book of receipt and collection.
2. Procedures for collecting weapons, explosives and combat gears shall be specified as follow:
a) Organize the collection of weapons, explosives and combat gears;
b) Make a record on collection of weapons, explosives and combat gears;
c) Sufficient information about weapons, explosives and combat gears that are declared by the authorities, organizations and individuals shall be specified in the book of receipt and collection
3. If the collection of heavy weapons, bombs, mines, grenades, explosives, torpedoes, naval mines, explosives, warheads, artillery shells, artillery fuses and other types of artillery or other weapons requiring specialized techniques, the police authority or People’s Committee receiving the information shall protect and notify the military authority of the district, a local regiment or superior military unit for collection and handling within their powers.
4. If the receiving and collecting authority thinks that the weapons, explosives and combat gears have signals related to crimes, it shall notify to the competent authority for dealing with in accordance with regulations of law.
Article 68. Transfer and receipt of weapons, explosives and combat gears
1. Preparation of statistics on transfer of received and collected bombs, mines, grenades, flashbangs, torpedoes, naval mines, explosives, warheads, artillery shells, artillery fuses and other types of artillery warheads to military authorities for dealing with shall be specified as follows:
a) Police authorities and People’s Committees of communes and districts shall prepare statistics on transfer and submit them to the military authorities of districts;
b) Police authorities of provinces and affiliated units of Ministry of Public Security shall prepare statistics on transfer and submit them to the military authorities of provinces;
c) A record enclosed with a statistical table which specifies types, quantity and origins of weapons and explosives prescribed in this Clause shall be made when the weapons and explosives are transferred.
2. Specialized forces affiliated to military authorities shall take charge of transport of weapons and explosives prescribed in Clause 1 of this Article.
3. The Minister of National Defense shall provide guidance on receipt and collection of bombs, mines, grenades, flashbangs, torpedoes, naval mines, explosives, warheads, artillery shells, artillery fuses and different types of artillery warheads to military that have been received and collected or transferred by authorities and units other than military authorities.
Article 69. Maintenance of received and collected weapons, explosives and combat gears
1. Received and collected weapons, explosives and combat gears shall be maintained closely in accordance with regulations of law. Internal regulations on and plans for fire prevention shall be made. Received and collected weapons, explosives and combat gears shall not be maintained in warehouses of weapons, equipment, documents or materials of the units.
2. The Minister of National Defense shall promulgate technical regulations on warehouses used for maintaining received and collected weapons, explosives and combat gears within its power. The Minister of Ministry of Public Security shall promulgate technical regulations on warehouses used for maintaining received and collected weapons, explosives and combat gears that are not subject to management of the Ministry of National Defense.
Article 70. Procedures for classifying, liquidating and destroying weapons, explosives and combat gears
1. Weapons, explosives and combat gears that have been received and collected shall be listed and classified to determine their quality and use value for liquidation or destruction.
2. Procedures for classifying and liquidating weapons, explosives and combat gears shall be specified as follow:
a) After receiving and collecting weapons, explosives and combat gears, military authorities and police authorities of districts, local regiments or superior military units shall classify the weapons, explosives and combat gears and submit reports to their supervisory authorities which shall decide to use or destroy these weapons, explosives and combat gears;
b) After receiving the reports, the supervisory authorities shall consider and decide to use or destroy weapons, explosives and combat gears.
3. Procedures for destroying weapons, explosives and combat gears shall be specified as follow:
a) After the decision on destruction of weapons, explosives and combat gears is issued, the military or police authority of the district or a local regiment or superior military unit shall establish a council of destruction and make plans for destroying these weapons, explosives and combat gears Compositions of a council of destruction shall include the representative of the destroying authority who shall work as the Chairperson of the council; representatives of the specialized technical authority, authority in charge of state administration related to the environment of the district and People’s Committee of the commune where the place of destruction is located that shall be the council's members. Plans for destroying weapons, explosives and combat gears shall ensure safety and reduce impacts on the environment;
b) After destroying weapons, explosives and combat gears, the destroying authority shall carry out a site inspection and ensure that all weapons, explosives and combat gears shall have their functions and effects disabled. Results of destruction shall be specified in a record and confirmed by the Chairperson and members of the council.
4. If weapons and explosives pose risks to safety and are required to be treated urgently, the head of military or police authority of the district, a local regiment or a superior military unit shall decide to destroy them immediately and submit a report to its supervisory authority after completing the destruction.
Article 71. Funding for receipt, collection, classification, maintenance, liquidation and destruction of weapons, explosives and combat gears
1. Funding for receipt, collection, classification, maintenance, liquidation and destruction of weapons, explosives and combat gears shall include:
a) State budget;
b) Voluntary contributions made and funding provided by domestic and foreign organizations and individuals;
c) Other sources of funding as prescribed by law.
2. The funding for receipt, collection, classification, maintenance, liquidation and destruction of weapons, explosives and combat gears shall be managed and used in accordance with regulation of law on state budget and other relevant regulations of law.
Chapter VII
STATE ADMINISTRATION RELATED TO WEAPONS, EXPLOSIVES, EXPLOSIVES PRECURSORS AND COMBAT GEARS.
Article 72. Activities of state administration related to weapons, explosives, explosives precursors and combat gears.
1. Promulgate and organize the implementation of legislative documents on management and use of weapons, explosives, explosives precursors and combat gears.
2. Issue and amend the list of weapons, explosives, explosives precursors and combat gears.
3. Issue standards of and technical regulations on weapons, explosives and combat gears; standards of warehouses used for maintaining weapons, explosives, explosives precursors and combat gears.
4. Issue forms and organize the application, issuance, replacement and revocation of licenses and certificates related to the management and use of weapons, explosives, explosives precursors and combat gears.
5. Organize the training in management and use of weapons, explosives, explosives precursors and combat gears.
6. Organize tasks of prevention of violations related to management and use of weapons, explosives, explosives precursors and combat gears.
7. Organize the research into and application of science and technology to the management and use of weapons, explosives, explosives precursors and combat gears.
8. Make the state statistics on weapons, explosives, explosives precursors and combat gears.
9. Popularize and provide education about law on management and use of weapons, explosives, explosives precursors and combat gears.
10. Enlist international cooperation in management and use of weapons, explosives, explosives precursors and combat gears.
11. Inspect, investigate and deal with complaints and denunciations; give rewards and take actions against violations of law on management and use of weapons, explosives, explosives precursors and combat gears.
Article 73. Responsibilities for state administration related to weapons, explosives, explosives precursors and combat gears.
1. The Government shall ensure the consistency of state management related to weapons, explosives, explosives precursors and combat gears.
2. The Ministry of National Defense shall carry out functions of state administration related to weapons, explosives, explosives precursors and combat gears in accordance with regulations of this law and other relevant regulations of law. The Minister of National Defense shall issue the list of military weapons.
3. The Ministry of Public Security shall carry out functions of state administration related to weapons, explosives, explosives precursors and combat gears in accordance with regulations of this law and other relevant regulations of law. The Minister of Public Security shall issue the lists of sporting weapons and combat gears.
4. The Ministry of Industry and Trade shall carry out functions of state administration related explosives and explosives precursors accordance with regulations of this law and other relevant regulations of law. The Minister of Industry and Trade shall issue the lists of industrial explosives and explosives precursors.
5. Ministries and ministerial agencies, within their missions and power, shall take responsibility for state administration related to weapons, explosives, explosives precursors and combat gears.
6. People’s Committees, within their missions and power, shall take responsibility for state administration related to weapons, explosives, explosives precursors and combat gears in their regions.
Article 74. Update on, exploitation, management and use of data on weapons, explosives, explosives precursors and combat gears
1. Data on weapons, explosives, explosives precursors and combat gears are a set of basic information related to weapons, explosives, explosives precursors and combat gears that have been standardized, digitalized, kept and managed by information technology for serving state administration and transactions carried out by authorities, organizations and individuals.
2. The Minister of National Defense shall provide guidance on establishing, managing, updating and exploiting data on weapons, explosives, explosives precursors and combat gears for entities under the management of the Ministry of National Defense.
3. The Minister of Industry and Trade shall provide guidance on establishing, managing, updating and exploiting data on industrial explosives and explosives precursors for entities under the management of the Ministry of Industry and Trade.
4. The Minister of Public Security shall provide guidance on establishing, managing, updating and exploiting data on industrial explosives and explosives precursors for entities that are not under the management of the Ministry of National Defense and Ministry of Industry and Trade.
Chapter VIII
IMPLEMENTATION CLAUSES
Article 75. Effect
1. This Law comes into force from July 01, 2018.
2. The Ordinance No. 16/2011/UBTVQH12 on management and use of weapons, explosives and combat gears and the Ordinance No. 07/2013/UBTVQH13 on amendments to the Ordinance on management and use of weapons, explosives and combat gears shall expire from the day on which this Law comes into force.
Article 76. Transition clauses
Licenses and certificates related to weapons, explosives, explosives precursors and combat gears that have been issued before this Law comes into force and are still valid shall be used until the expiry dates specified in these licenses and certificates.
This Law is passed by the 13th National Assembly of the Socialist Republic of Vietnam on June 20, 2017 during the 3rd session.
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CHAIRWOMAN OF NATIONAL ASSEMBLY
Nguyen Thi Kim Ngan |
HỎI VÀ ĐÁP