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MINISTRY OF
PUBLIC SECURITY OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 75/2024/TT-BCA
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Hanoi,
November 15, 2024
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CIRCULAR
ELABORATING
THE LAW ON MANAGEMENT AND USE OF WEAPONS, EXPLOSIVE MATERIALS, AND COMBAT GEARS
Pursuant to the Law on Management and Use of
Weapons, Explosive Materials, and Combat Gears dated June 29, 2024;
Pursuant to Decree No. 01/2018/ND-CP dated
August 6 of 2018 of the Government on functions, tasks, powers, and
organizational structures of Ministry of Public Security;
At request of Director of Police Department for
Administrative Management of Social Order;
The Minister of Public Security promulgates
Circular elaborating the Law on Management and Use of Weapons, Explosive
Materials, and Combat Gears.
Chapter I
GENERAL PROVISIONS
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1. This Circular prescribes entitlement to decision
on quantity and type of weapons, combat gears permitted for transport into and
out of the territory of the Socialist Republic of Vietnam; entitlement to
issuance of license pertaining to weapons, explosive materials, explosive
precursors, combat gears, notice of registered and declared combat gears; type
of combat gears to be licensed for use or registered and declared; list of
military weapons, sporting weapons, cold weapons, combat gears, and highly
lethal knives; maintenance of weapons, explosive materials, and combat gears
submitted or retrieved; procedures for combat gear registration and
declaration; provision and use of military weapons, explosive materials, and
combat gears; classification, maintenance, liquidation, and destruction of
military weapons, explosive materials, and combat gears; training, management,
and deployment of military animals; development, management, update, and
utilization of database on weapons, explosive materials, explosive precursors,
and combat gears; responsibilities in management and use of weapons, explosive
materials, combat gears and statistics and reports.
2. This Circular does not prescribe the provision,
management, and use of weapons, explosive materials, explosive precursors, and
combat gears under management of the Ministry of National Defense; management
and use of industrial explosive materials and explosive precursors under
management of the Ministry of Industry and Trade.
Article 2. Regulated entities
This Circular applies to agencies, organizations,
enterprises, and individuals related to management and use of weapons, explosive
materials, explosive precursors, and combat gears.
Article 3. Entitlement to
decision on quantity and type of weapons, combat gears permitted for transport
into and out of the territory of the Socialist Republic of Vietnam
1. The Director of Police Department for
Administrative Management of Social Order shall decide the quantity and type of
weapons, combat gears permitted for transport into and out of the territory of
the Socialist Republic of Vietnam for sports training, competition, product display,
exhibition, quotation, or use as props in cultural and art performances.
2. Police authorities assigned by the Minister of
Public Security to develop programs, plans for transporting weapons and combat
gears into and out of the territory of the Socialist Republic of Vietnam in
accordance with Point c Clause 1 and Point c Clause 2 Article 11 of the Law on
Management and Use of Weapons, Explosive Materials, and Combat Gears must enter
into a written communication and agreement with the Police Department for
Administrative Management of Social Order before requesting the Minister of
Public Security to review and decide the quantity, type of weapons and combat
gears transported into and out of the territory of the Socialist Republic of
Vietnam.
Article 4. Entitlement to
issuance of license pertaining to weapons, explosive materials, explosive
precursors, combat gears, notice of registered and declared combat gears
1. The Director of the Department for
Administrative Management of Social Order has the power to issue, re-issue
licenses relating to weapons, explosive materials, explosive precursors, and
combat gears; notice of registered and declared combat gears in respect of
agencies, organizations, and enterprises, including:
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b) License to procure weapons and combat gears;
c) License to transport weapons and combat gears
into and out of the territory of the Socialist Republic of Vietnam;
d) License to export, import weapons and combat
gears;
dd) License to receive weapons and combat gears;
e) License to provide, use, transport, and repair
military weapons, military explosive materials, combat gears, notice of
registered and declared combat gears for professional Departments, Command,
academies, people’s public security education institutions affiliated to the
Ministry of Public Security; prisons, reformatories, compulsory education
establishments affiliated to Police Department for management of prisons,
reformatories, compulsory education establishments;
g) License to provide, use, transport, repair
military weapons, military explosive materials, combat gears, notice of
registered and declared combat gears for entities under management of the
Ministry of Public Security, including: Investigating bodies of the Supreme
People’s Procuracy; airport security; essential forces not under management of
the Ministry of National Defense; border customs authority; counter-smuggling
specialized forces of customs authority; counter-narcotics forces of customs
authority; forest ranger and fisheries surveillance forces affiliated to the
Ministry of Agriculture and Rural Development; organizations and enterprises to
which certificate of satisfaction of security and order conditions is issued by
the Police Department for Administrative Management of Social Order;
h) License to provide, use, transport, and repair
sporting weapons for entities affiliated to the Ministry of Public Security
permitted to engage in sports training and competition: Vietnam Shooting
Federation; Vietnam Traditional Martial Arts Federation; agencies,
organizations affiliated to the Ministry of Culture, Sports and Tourism
provided with sporting weapons for sports training and competition;
l) License to transport, revised license to
transport industrial explosive materials, explosive precursors for industrial
explosive materials and explosive precursors in-transit, exported, imported.
2. Director of Police Sub-departments for
Administrative Management of Social Order, police authorities of provinces and
central-affiliated cities (hereinafter referred to as “provincial police”) has
the power to issue, re-issue licenses related to weapons, explosive materials,
explosive precursors, combat gears; issue notice of registered and declared
combat gears for agencies, organization, and enterprises, including:
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b) License to provide, use, transport, and repair
military weapons, combat gears, notice of registered and declared combat gears
for forest ranger and forestry surveillance forces affiliated to the
Departments of Agriculture and Rural Development;
c) License to provide, use, transport, repair, and
notice of registered, declared combat gears for entities under Points g, k, n,
o, and p Clause 1 Article 52 of the Law on Management and Use of Weapons, Explosive
Materials, and Combat Gears; specialized forest protection forces; forces in
charge of inspection in fishery sector; forces in charge of inspection in
transport sector; security forces of local agencies, organizations, enterprises
permitted to be equipped with combat gears; security service providers to which
certificate of satisfaction of security and order conditions is issued by the
Police Sub-departments for Administrative Management of Social Order;
d) License to provide, use, transport, and repair
sporting weapons for entities under Points dd, e, and g Clause 1 Article 24 of
the Law on Management and Use of Weapons, Explosive Materials, and Combat
Gears; entities affiliated to provincial police permitted to engage in sports
training and competition;
dd) License to transport, revised license to
transport industrial explosive materials, explosive precursors, except for
entities under Point i Clause 1 of this Article. Where storage units are
available and license to transport shall not be issued, Directors of Police
Sub-departments for Administrative Management of Social Order of provincial
police of provinces and cities where storage units are located shall sign
registration form for reception of industrial explosive materials, explosive
precursors.
Article 5. Types of combat
gears for which licenses or notice of registered, declared combat gears is
issued
1. License to use shall be issued to: Tasers, guns
shooting asphyxiant gas, guns shooting poisons, tranquillizer guns, coilguns,
net guns; rope launchers; guns using plastic bullets, guns using exploding
bullets, guns using rubber bullets, tear gas, flares, tracers; stun batons,
rubber batons, metal batons; electric gloves.
2. Notice of registered and declared combat gears
shall be issued to combat gears that are not listed under Clause 1 of this
Article.
Article 6. Lists of military
weapons, sporting weapons, cold weapons, combat gears, and highly lethal knives
1. Lists of military weapons, sporting weapons,
cold weapons, combat gears, and highly lethal knives are attached hereunder,
including:
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b) Appendix 2: List of sporting weapons under Point
a Clause 5 Article 2 of the Law on Management and Use of Weapons, Explosive
Materials, and Combat Gears;
c) Appendix 3: List of cold weapons under Point a
Clause 4 Article 2 of the Law on Management and Use of Weapons, Explosive Materials,
and Combat Gears;
d) Appendix 4: List of combat gears under Point a
and Point b Clause 11 Article 2 of the Law on Management and Use of Weapons,
Explosive Materials, and Combat Gears;
dd) Appendix 5: List of highly lethal knives under
Clause 6 Article 2 of the Law on Management and Use of Weapons, Explosive
Materials, and Combat Gears.
2. Depending on state management demands from time
to time, the Police Department for Administrative Management of Social Order is
responsible for cooperating with relevant entities in studying, reviewing, and
requesting the Minister of Public Security to review, decide amendment to the
lists of military weapons, sporting weapons, cold weapons, combat gears, and
highly lethal knives;
The Police Department for Administrative Management
of Social Order shall report the import of sporting weapons, cold weapons, and
combat gears not mentioned under Clause 1 of this Article to the Minister of
Public Security.
Article 7. Maintenance of
submitted and retrieved weapons, explosive materials, and combat gears
1. Police authority shall, upon receiving submitted
heavy weapons, bombs, mines, grenades, flash bangs, torpedoes, naval mines,
explosive materials, warheads, and artillery shells, transfer to military
authority in accordance with Clause 2 Article 65 of the Law on Management and
Use of Weapons, Explosive Materials, and Combat Gears.
2. Police authority, upon retrieving or receiving
submitted weapons and combat gears other than those under Clause 1 of this
Article, have the power to:
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b) conduct safety inspection of weapons and combat
gears before admitting the weapons and combat gears to storage units;
c) store weapons and combat gears in storage units
in a scientific manner by type, model, design characteristics; lock bolt, close
the safety, or store separately in specialized storage units in respect of
dangerous or combustible weapons, combat gears;
d) keep submitted and retrieved weapons, explosive
materials, and combat gears in separate storage units from storage units of
professional weapons, military explosive materials, and combat gears;
dd) produce records and logs of submitted,
retrieved weapons and combat gears;
e) request officials in charge of management to
report to heads of entities to take appropriate actions if weapons, combat
gears in storage are missing or if storage units malfunction.
Article 8. Procedures for
registration and declaration of combat gears
1. Application for registration and declaration of
combat gears consists of: Written application which contains name, address of agency,
organization, or enterprise, reason, quantity, model, manufacturing country,
label, number, symbol of combat gears, combat gear provision license number;
copies of invoices, storage withdrawal form or document proving legitimate
origin. Where combat gears are military animals, the application shall also
contain type, name, fur color, gender, training facility.
2. Application under Clause 1 of this Article shall
be submitted to competent police authority under Article 4 hereof via National
public service portal, information system for processing administrative
procedures of the Ministry of Public Security, or via post service; if the
application is submitted in person, the application shall also contain full
name, personal identification number of passport number of persons submitting
the application.
3. Within 7 working days from the date on which
competent police authority receives adequate application, the competent police
authority shall conduct physical inspection and issue notice of registered and
declared combat gears; in case of rejection, the competent police authority
shall respond and provide reasons for rejection in writing.
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Chapter II
PROVISION AND USE OF
MILITARY WEAPONS, EXPLOSIVE MATERIALS, AND COMBAT GEARS
Section 1. PROVISION AND USE
OF MILITARY WEAPONS, EXPLOSIVE MATERIALS, AND COMBAT GEARS IN PEOPLE’S PUBLIC
SECURITY
Article 9. Entities provided
with military weapons, explosive materials, and combat gears
1. Entities provided with military weapons and
combat gears include:
a) Central departments and Commands affiliated to
the Ministry of Public Security; people’s public security academies and
education institutions;
b) Provincial police;
c) Prisons, detention centers, reformatories,
compulsory education establishments; Professional training and advanced
training centers of people’s public security;
d) Police of districts, communes, cities affiliated
to provinces and central-affiliated cities (hereinafter referred to as
“district police”);
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2. Entities provided with sporting weapons include:
a) People’s public security academies and education
institutions;
b) Sports training and competition centers of
people’s public security;
c) People’s public security professional training
and advanced training centers that provide sports training and competition.
3. Entities under Points a, b, c, and d Clause 1 of
this Article shall be provided with military explosive materials.
Article 10. Type and quantity
of military explosive materials and combat gears provided
1. Entities under Points a, b, c, and d Clause 1
Article 9 hereof shall be provided with: Handguns, rifles, submachine guns,
light machine guns, anti-tank guns, grenade propellers, heavy machine guns,
mortars, DKZ rifles, anti-aircraft guns, ammunitions thereof; man-portable
anti-tank rockets; attack helicopters; mines, grenades; combat gears; weapons
under Point c Clause 1 Article 6 hereof.
2. Entities under Point dd Clause 1 Article 9
hereof shall be provided with: Handguns, rifles, submachine guns and
ammunitions thereof; combat gears; weapons under Point c Clause 1 Article 6
hereof.
3. Entities under Clause 2 Article 9 hereof shall
be provided with sporting weapons.
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5. On an annual basis, police of all administrative
divisions shall estimate type and quantity of military weapons, explosive
materials, and combat gears for the following year in accordance with standards
and norms, send to Department of Equipment and Storage for consolidation, and
report to the Minister of Public Security before June 30.
Article 11. Entitlement to
provision of military weapons, explosive materials, and combat gears
1. The Minister of Public Security shall decide the
provision of military weapons, explosive materials, and combat gears for
people’s public security forces.
2. The Director of Department of Equipment and
Storage shall decide the additional provision of military weapons, explosive
materials, and combat gears for police of all administrative levels upon
receiving approval of the Minister of Public Security.
3. Depending on quantity and type of military
weapons, explosive materials, and combat gears provided, heads of entities and
directors of provincial police shall decide quantity and type of military
weapons, explosive materials provided for entities under their management.
4. Where directors of provincial police wish to
provide combat gears via funding sources of local government, directors of
provincial police shall provide combat gears and conform to Article 53 of the
Law on Management and Use of Weapons, Explosive Materials, and Combat Gears
after reporting to the Department of Equipment and Storage for monitoring,
management, and inclusion in property issue of people’s public security.
Article 12. Transfer of
military weapons, explosive materials, and combat gears
1. Entitlement to transfer of military weapons,
explosive materials, and combat gears:
a) The Minister of Public Security shall decide the
transfer of military weapons, explosive materials, and combat gears between
police forces of all administrative divisions in case of emergencies, threat to
national security but not state of emergency;
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c) Heads of local police shall decide the transfer
of military weapons, explosive materials, and combat gears between entities
under their management.
2. Once decision on transfer is issued, police
forces of all administrative divisions shall transfer military weapons,
explosive materials, and combat gears; produce transfer records that contain
type, quantity, quality, model, manufacturing countries, attachments,
accessories; prepare 2 copies of said records which are verified by
transferring parties and receiving parties.
3. Police forces of all administrative divisions
shall, upon receiving transferred military weapons, explosive materials, or
combat gears, request competent police authorities to issue license to use and
notice of registration and declaration as per the law. Police forces of all
administrative divisions shall, upon transferring military weapons, explosive
materials, or combat gears, submit license to use and notice of registration
and declaration to issuing authority.
Article 13. Mobilization of
military weapons, explosive materials, and combat gears
1. Entitlement to mobilization of military weapons,
explosive materials, and combat gears:
a) The Minister of Public Security shall decide the
mobilization of military weapons, explosive materials, and combat gears from
Ministry of Public Security to other agencies, organizations, and entities
outside of the police forces;
b) Director of Department of Equipment and Storage
shall decide the mobilization of military weapons, explosive materials, and
combat gears between police forces of all administrative divisions after
reporting to and obtaining approval from the Minister of Public Security;
c) Heads of local police forces shall decide the
mobilization of military weapons, explosive materials, and combat gears between
entities under their management.
2. Once decision on mobilization is issued, police
forces of all administrative divisions shall transfer military weapons,
explosive materials, and combat gears, license to use, and notice of registration
and declaration thereof; produce records of transfer that contain type,
quantity, quality, model, manufacturing countries, attachments, accessories of
the military weapons, explosive materials, and combat gears, and attach license
to use, notice of registration and declaration; prepare 2 copies of said
records which are verified by transferring parties and receiving parties.
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Article 14. Use of military
explosive materials
1. Commanding officers and individuals directly
using military explosive materials in people’s public security must undergo
training and advanced training regarding the use of military explosive
materials and must obtain permission for use from competent authority:
2. Cases in which military explosive materials are
used include:
a) Performance of national security, social order
and safety protection duty;
b) Training, drill, sports competition, drill
competition;
c) Emergencies, remediation of natural disasters.
3. Only military explosive materials provided and
unexpired are allowed for use; safety and environmental protection shall be
guaranteed at all time during use of military explosive materials; damage
caused by the use of explosive materials must be kept to the minimum.
4. Used military explosive materials must be
inspected for security and safety; non-depleted military explosive materials
must be retrieved, managed, stored, or destroyed as per the law.
Section 2. PROVISION OF
WEAPONS AND COMBAT GEARS FOR OTHER ENTITIES UNDER MANAGEMENT OF THE MINISTRY OF
PUBLIC SECURITY
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1. Essential forces that are not under management
of the Ministry of National Defense shall be provided with: Handguns,
ammunitions thereof; weapons under Point c Clause 1 Article 6 hereof.
2. Department of Forest Ranger, Sub-departments of
Forest Ranger of provinces, Sub-departments of Forest Ranger of regions, forest
ranger authorities of districts, forest ranger authorities of national park,
forest ranger authorities of special-use forest, forest ranger authorities of
protective forest, forest ranger taskforces, wildfire suppression and mobile
forest ranger forces, forest ranger outposts shall be provided with: Handguns,
submachine guns, ammunitions thereof; weapons under Point c Clause 1 Article 6
hereof.
3. Department of Fisheries Surveillance,
Sub-departments of Fisheries Surveillance of regions, fisheries surveillance
stations, fisheries surveillance ships, fisheries surveillance authorities or
fisheries surveillance departments affiliated to Departments of Agriculture and
Rural Development shall be provided with: Handguns, submachine guns,
ammunitions thereof; weapons under Point c Clause 1 Article 6 hereof. Fisheries
surveillance ships shall be additionally provided with light machine guns,
heavy machine guns, machine guns of up to 14,5 mm barrel diameter and
ammunitions thereof.
4. Airport security forces shall be provided with:
Handguns, ammunitions thereof; weapons under Point c Clause 1 Article 6 hereof.
5. Customs authorities at border checkpoints,
counter-smuggling specialized forces of customs authorities; counter-narcotics
forces of customs shall be provided with: Handguns, submachine guns, ammunitions
thereof; weapons under Point c Clause 1 Article 6 hereof.
6. Investigating bodies of the Supreme People’s
Procuracy shall be provided with: Handguns and ammunitions thereof.
7. National defense and security education
institutions; licensed sports training facilities and clubs, other agencies,
organizations, and enterprises established and licensed for operation in sports
training and competition shall be provided with sporting weapons.
Article 16. Eligible entities
and type of combat gears provided
1. Entities under Clauses 2, 3, 4, and 5 Article 15
hereof and personnel of narcotics rehabilitation centers shall be provided with
combat gears.
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3. Security forces of agencies, organizations, and
enterprises and security service providers shall be provided with: Stun batons,
metal batons, rubber batons, armors, knife gloves;
For the purpose of performance of protection duty
at state authorities; politically, economically, diplomatically, science,
technology, culturally, socially important targets; on trains; at banks; at
hospitals; in economic zones, industrial parks, export-processing zones;
enterprises manufacturing, trading, using industrial explosives; enterprises,
cooperatives trading gold, jewels, foreign exchange, or Vietnamese currency;
competent authority shall consider and decide the provision of devices for
spraying tear gas; stun guns; guns firing exploding bullets, rubber bullets,
tear gas, and ammunitions thereof on the basis of nature and requirements of
protection duty;
For the purpose of performance of protection duty
at zoos; scientific study and experimentation forest; natural reserve for
species and habitats, competent authority shall consider and decide the
provision of tranquilizer guns and ammunitions thereof on the basis of nature
and requirements of protection, research, care duty.
4. Security forces of facilities shall be provided
with metal batons, rubber batons, stab vets, knife gloves.
5. Security forces of clubs, sports training
facilities licensed for operation shall be provided with metal batons, rubber
batons.
Chapter III
CLASSIFICATION,
MAINTENANCE, LIQUIDATION, AND DESTRUCTION OF MILITARY WEAPONS, EXPLOSIVE
MATERIALS, COMBAT GEARS RETRIEVED FROM ENTITIES UNDER MANAGEMENT OF THE
MINISTRY OF PUBLIC SECURITY PREVIOUSLY PROVIDED WITH MILITARY WEAPONS,
EXPLOSIVE MATERIALS, AND COMBAT GEARS
Article 17. Classification and
maintenance of military weapons, explosive materials, and combat gears
1. Department of Equipment and Storage is
responsible for classification of military weapons, explosive materials, and
combat gears provided for entities affiliated to the Ministry of Public
Security after retrieving, except for VIP Protection Command, Mobile Police
Command, Police Department for management of prisons, reformatories, compulsory
education establishments; Departments of Logistics of provincial police are
responsible for classification of weapons, explosive materials, and combat
gears provided for entities affiliated to provincial police, district police,
and commune police after retrieving.
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3. Police Department for Administrative Management
of Social Order is responsible for classification of weapons and combat gears
provided for agencies, organizations, and enterprises under Clause 1 Article 4
hereof after retrieving; Police Sub-departments for Administrative Management
and Social Order of provincial police are responsible for classification of
weapons and combat gears provided for agencies, organizations, and entities
under Clause 2 Article 4 hereof after retrieving.
4. On an annual basis, entities under Clauses 1, 2,
and 3 of this Article must list and evaluate quality, useable value of
retrieved military weapons, explosive materials, and combat gears for removal
from property issue, liquidation, and destruction in accordance with Clause 4
and Clause 5 Article 18 hereof.
5. Retrieved military weapons, explosive materials,
and combat gears must be managed and maintained in accordance with Article 8 of
the Law on Management and Use of Weapons, Explosive Materials, and Combat
Gears.
Article 18. Liquidation,
destruction of military weapons, explosive materials, and combat gears
1. The Minister of Public Security shall decide the
removal from issue, liquidation, and destruction of military weapons, explosive
materials, and combat gears under Point a Clause 2, Point a Clause 5, and
Clause 8 Article 2 of the Law on Management and Use of Weapons, Explosive
Materials, and Combat Gears.
2. The Director of Department of Equipment and
Storage shall decide the removal from issue, liquidation, and destruction of
military weapons, sporting weapons, and combat gears under Point c Clause 2,
Point b Clause 5, and Clause 11 of the Law on Management and Use of Weapons,
Explosive Materials, and Combat Gears in respect of entities affiliated to the
Ministry of Public Security excluding those under Clause 3 of this Article.
3. Command of the VIP Protection Command, Mobile
Police Command, Police Department for management of prisons, reformatories,
compulsory education establishments, and directors of provincial police forces
shall decide the removal from issue, liquidation, and destruction of military
weapons, sporting weapons, and combat gears under Point c Clause 2, Point b
Clause 5, and Clause 11 of the Law on Management and Use of Weapons, Explosive
Materials, and Combat Gears.
4. Procedures for removal from issue, liquidation,
and destruction of military weapons, explosive materials, and combat gears in
people’s public security forces:
a) Entities affiliated to VIP Protection Command,
Mobile Police Command, Police Department for management of prisons, reformatories,
compulsory education establishments, professional departments, district police
affiliated to provincial police provided with or using military weapons,
explosive materials, and combat gears shall, on an annual basis, evaluate and
submit evaluation dossiers to Departments of Logistics for consolidation and
reporting to heads of entities, directors of provincial police forces to
approve and decide the establishment of Council for removing from issue,
liquidating, destroying military weapons, explosive materials, and combat gears
(hereinafter referred to as “Council”);
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Composition of the Council affiliated to provincial
police includes: Representatives of heads of provincial police acting as
Chairpersons; representatives of heads of Departments of Logistics, Police
Sub-departments for Administrative Management and Social Order, and entities
requesting removal from issue, liquidation, and destruction acting as Council
members;
b) The Council shall carry out evaluation and
classification of military weapons, explosive materials, and combat gears and
request heads of entities, directors of provincial police to decide;
c) Heads of entities, directors of provincial
police shall rely on evaluation results of the Council to decide and carry out
the removal from issue, liquidation, and destruction of military weapons,
explosive materials, and combat gears under Clause 3 of this Article, report to
Department of Equipment and Storage for removal from issue in accordance with
public property management and use laws. In respect of military weapons and
explosive materials under Clause 1 of this Article, police forces of all
administrative divisions shall request Department of Equipment and Storage in
writing to consolidate and report to the Minister of Public Security for
consideration and decision regarding removal from issue, liquidation, and
destruction; once the Minister of Public Security issues decision, the
Department of Equipment and Storage shall carry out the removal from issue,
liquidation, and destruction as per the law;
d) Request for removal from issue, liquidation, and
destruction of military weapons, explosive materials, and combat gears consists
of: Written request which contains reasons, quantity, type, model, code of
military weapons, explosive materials, and combat gears requested for removal
from issue, liquidation, and destruction and other relevant documents (if any);
in respect of military weapons with unintelligible code or without number or
code, appraisal results pertaining to number and code and results of
cross-examination with ballistic database of the Forensic Science Institute or
Criminal Techniques Division affiliated to provincial police shall be required;
In respect of request submitted by VIP Protection
Command, Mobile Police Command, Police Department for management of prisons,
reformatories, compulsory education establishments, and provincial police to
Department of Equipment and Storage, records of Council meeting must also be
submitted as attachment;
dd) Within 7 working days from the date on which
military weapons, explosive materials, and combat gears are removed from issue,
liquidated, or destroyed as per the law, professional central departments and
provincial police under Clause 3 of this Article shall record a deficit as per
the law, update on public property management software, report to Department of
Planning and Finance, Department of Equipment and Storage, and Police
Department for Administrative Management and Social Order.
5. Procedures for liquidation and destruction of
weapons and combat gears retrieved from agencies, organizations, and enterprises
under management of Ministry of Public Security:
a) After retrieving weapons and combat gears from
agencies, organizations, and enterprises, Department for Guidelines in Weapons,
Explosive Materials, Combat Gears, and Pyrotechnics Management or Police
Sub-departments for Administrative Management and Social Order of provincial
police shall request Director of the Police Department for Administrative
Management and Social Order to establish the Council;
b) The Council shall evaluate and classify weapons
and combat gears; in respect of usable weapons and combat gears, the Police
Department for Administrative Management and Social Order or provincial police
shall request the Department of Equipment and Storage in writing to consolidate
and report to the Minister of Public Security for decision regarding inclusion
in issue of people’s public security as per the law; in respect of unusable
weapons and combat gears, Director of Police Department for Administrative
Management and Social Order to establish the Council shall decide the
destruction as per the law;
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Article 19. Expenditure on
classification, maintenance, liquidation, and destruction of military weapons,
explosive materials, and combat gears
1. Expenditure on classification, maintenance,
liquidation, and destruction of military weapons, explosive materials, and
combat gears is allocated in annual state budget estimates of the Ministry of
Public Security for:
a) Construction of storage units for retrieved,
submitted, collected military weapons, explosive materials, and combat gears;
procurement of instruments and equipment facilitating the classification, maintenance,
liquidation, and destruction of military weapons, explosive materials, and
combat gears;
b) Operation of forces in charge of classification,
maintenance, liquidation, and destruction of military weapons, explosive
materials, and combat gears; military equipment training and advanced training.
2. The Police Department for Administrative
Management and Social Order, Department of Equipment and Storage, the VIP
Protection Command, Mobile Police Command, Police Department for management of
prisons, reformatories, compulsory education establishments, and provincial
police are responsible for producing and sending annual estimates for
classification, maintenance, liquidation, and destruction of military weapons,
explosive materials, and combat gears of their respective administrative
divisions to Department of Planning and Finance for appraisal and reporting to
the Minister of Public Security.
Chapter IV
TRAINING, MANAGEMENT,
AND DEPLOYMENT OF MILITARY ANIMALS
Article 20. Training of
military animals
1. Training of military animals shall be provided
by entities affiliated to the Ministry of Public Security and tasked by the
Minister of Public Security.
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a) Military animal training officials must possess
certificate of completion of military animal training and deployment training
course in people’s public security and must be tasked by competent authorities
with management and training of military animals;
b) Facilities, equipment, and instruments for
caring and training military animals must conform to standards and norms of the
Minister of Public Security;
c) Military animal training entities are
responsible for taking charge of and cooperating with relevant entities in
compiling military animal training programs and courses appropriate to each
training purpose.
3. Where military animal training has concluded,
training entities shall issue certificate as per the law.
Article 21. Management of
military animals
1. Competent authorities entitled to military
animal training shall produce military animal records and logs, including
a) Genealogy;
b) Training and deployment result log;
c) Medical record;
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dd) Other relevant documents.
2. Where competent authorities decide or issue
license, military animal training authorities are responsible for handing over
military animals and relevant management records to entities, agencies, and
organizations provided with military animals for management and deployment as
per the law.
3. Upon being provided with military animals,
entities, agencies, and organizations must register with competent authority in
order to obtain notice of registration and declaration as per the law; add
relevant documents to management documents and logs during care, training, and
deployment of military animals.
Article 22. Deployment of
military animals
1. Individuals deploying military animals in the
performance of duty shall adhere to Clause 1 Article 58 of the Law on
Management and Use of Weapons, Explosive Materials, and Combat Gears and may
deploy in the following situations:
a) Providing assistance in patrolling, controlling,
guarding, protecting targets; responding to public indecency, riot,
demonstration, protest, terrorism; guarding trials, judgment execution, search
for human remains, evidence; detection of narcotic substances, explosive
materials;
b) Providing assistance in search and rescue
operations among other operations;
c) Providing assistance in detecting, intercepting,
hunting, arresting, escorting offenders, convicts, prisoners;
d) Participating in ceremonies, parades.
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Chapter V
DEVELOPMENT, MANAGEMENT,
UPDATE, UTILIZATION OF DATABASE ON WEAPONS, EXPLOSIVE MATERIALS, EXPLOSIVE
PRECURSORS, AND COMBAT GEARS
Article
23. Development of database on weapons, explosive materials, explosive
precursors, and combat gears
1. Database on weapons, explosive
materials, explosive precursors, and combat gears shall be developed and placed
under centralized management of the Ministry of Public Security and connected to
police forces of all administrative divisions.
2. Develop database on weapons,
explosive materials, explosive precursors, and combat gears by:
a) Installing information
technology machinery and equipment;
b) Investing information
technology technical infrastructures for the database, including servers,
clients, data storage system, network equipment, backup, peripherals, system
software, and other auxiliary equipment;
c) Developing sub-branch for
management of weapons, explosive materials, explosive precursors, and combat
gears in shared database of the Police Department for Administrative Management
of Social Order;
d) Standardizing and updating the
database on weapons, explosive materials, explosive precursors, and combat
gears;
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e) Maintaining security and safety
of the database on weapons, explosive materials, explosive precursors, and
combat gears.
Article 24. Management of
database on weapons, explosive materials, explosive precursors, and combat
gears
1. Develop professional procedures for management,
update, and utilization of database on weapons, explosive materials, explosive
precursors, and combat gears.
2. Manage software system of the database on
weapons, explosive materials, explosive precursors, and combat gears.
3. Manage and preserve the database on weapons,
explosive materials, explosive precursors, and combat gears in a manner that
maintains information and transmission safety.
4. Grant access and manage login accounts of the
database on weapons, explosive materials, explosive precursors, and combat
gears under their management.
5. Provide training and professional training for
officials in charge of managing, updating, and utilizing database on weapons,
explosive materials, explosive precursors, and combat gears.
6. Provide funding for maintenance, upgrade, and
development of database on weapons, explosive materials, explosive precursors,
and combat gears.
7. Provide guidelines on inspection and supervision
of management, update, and utilization of database on weapons, explosive
materials, explosive precursors, and combat gears.
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Article 25. Security and
safety of the database on weapons, explosive materials, explosive precursors,
and combat gears
1. Use encrypted channels and verify users for:
Login as system administrators, login into applications, use of system
functions of the database on weapons, explosive materials, explosive
precursors, and combat gears.
2. Encrypt and secure transmission paths,
information in database on weapons, explosive materials, explosive precursors,
and combat gears.
3. Adopt solutions for verifying and protecting
data safety of database on weapons, explosive materials, explosive precursors,
and combat gears.
4. Record any creation, revision, and removal of
data information for system management and supervision.
5. Establish, maintain backup system and back up
data on backup system to maintain stable and continuous operation in case of
natural disaster, fire, and other emergencies.
Article 26. Management of
administrator account of database on weapons, explosive materials, explosive
precursors, and combat gears
Officials of the Police Department for
Administrative Management of Social Order tasked with and in charge of
performing administrator function shall manage administrator account of the
database on weapons, explosive materials, explosive precursors, and combat
gears and:
1. Issue and revoke account, password of users for
logging into database on weapons, explosive materials, explosive precursors,
and combat gears.
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3. Look up and view actions performed on the
database of each account.
Article 27. Updating and
searching on database on weapons, explosive materials, explosive precursors,
and combat gears
1. Updating the database means to update
application for license issuance, notice of registration and declaration,
certification and certificate pertaining to weapons, explosive materials,
explosive precursors, and combat gears uploaded onto the database on weapons,
explosive materials, explosive precursors, and combat gears, to be specific:
a) Prior to performing the upload, officials in
charge must inspect and list all information fields to be uploaded to the
database and report to competent authorities;
b) Request competent authorities to approve;
c) Update data onto software system.
2. Update data on weapons, explosive materials, and
combat gears submitted, retrieved, classified, managed, liquidated, and
destroyed
a) Officials in charge of retrieving military
weapons, explosive materials, and combat gears, licenses, notice of
registration and declaration shall receive documents, cross-check against
regulations of the law pertaining to weapons, explosive materials, and combat
gears, classify, update, print and submit record of delivery to superior for
approval and signing;
b) In respect of military weapons, explosive
materials, and combat gears submitted by agencies, organizations, and
individuals to Police Sub-departments for Administrative Management of Social
Order of provincial police forces, Point a of this Clause shall apply;
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3. Professional Departments affiliated to
ministries and professional entities affiliated to provincial police forces
related to weapons, explosive materials, explosive precursors, and combat gears
may update and use data pertaining to weapons, explosive materials, explosive
precursors, and combat gears on the database.
4. Information search
a) Police Department for Administrative Management
of Social Order may search for data pertaining to weapons, explosive materials,
explosive precursors, and combat gears on a nationwide scale;
b) Police Sub-departments for Administrative
Management of Social Order of provincial police forces may search for
information pertaining to weapons, explosive materials, explosive precursors,
and combat gears within their authority. Where the necessary information is
outside of their jurisdiction, Police Sub-departments for Administrative
Management of Social Order of provincial police forces shall request the Police
Department for Administrative Management of Social Order in writing;
c) Department of Equipment and Storage may search
for information on military weapons, explosive materials, and combat gears in
people’s public security; Forensic Science Institute or Criminal Techniques
Division of provincial police forces may search for information on weapon,
explosive material, explosive precursor, and combat gear database for criminal
forensic inspection purposes;
d) Agencies, organizations, and
enterprises that need to search for information must file a request to and
obtain approval from Director of Police Department for Administrative
Management of Social Order or Directors of Police Sub-departments for
Administrative Management of Social Order of provincial police forces; within
24 hours from the moment in which the request is filed, officials in charge
shall process and send search results to the applicants.
Article 28.
Backup and recovery of database on weapons, explosive materials, explosive
precursors, and combat gears
1. Database on weapons, explosive
materials, explosive precursors, and combat gears shall be backed up on a
regular basis, stored, and governed at the Police Department for Administrative
Management of Social Order. Backups shall be protected and examined on a
periodic basis.
2. Recovery of database on
weapons, explosive materials, explosive precursors, and combat gears shall be
implemented if data is destroyed or the database suffers from cyber attack, is
unlawfully accessed or experiences malfunctions that corrupt active data.
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Article 29. Operation,
upgrade, and development of database on weapons, explosive materials, explosive
precursors, and combat gears
1. For the purpose of operation of database on
weapons, explosive materials, explosive precursors, and combat gears, Police
Department for Administrative Management of Social Order has the responsibility
to:
a) guarantee technical infrastructure and
environment for installation and operation of database on weapons, explosive
materials, explosive precursors, and combat gears;
b) exercise security and safety measures for
database on weapons, explosive materials, explosive precursors, and combat
gears;
c) maintain and repair the database on a regular
basis;
d) establish and operate backup, recovery system
and data for stable and continuous operation in case of natural disasters,
fire, or other emergencies;
dd) supervise to warn about actions that cause
safety breach of the database on weapons, explosive materials, explosive
precursors, and combat gears.
2. The Police Department for Administrative
Management of Social Order shall review and propose solutions for expanding,
operating, upgrading, and developing the database on weapons, explosive
materials, explosive precursors, and combat gears in accordance with practical
demands.
Chapter VI
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Article 30.
Responsibilities of the Police Department for Administrative Management of
Social Order
1. Consult competent authority in development and
promulgation of legislative documents on management and use of weapons,
explosive materials, and combat gears.
2. Direct, instruct, inspect, and expedite police
forces of all administrative divisions in implementation of the Law on
Management and Use of Weapons, Explosive Materials, and Combat Gears and
guiding documents; direct, organize training for management and use of weapons,
explosive materials, and combat gears in people’s public security.
3. Communicate and popularize legislative documents
on management and use of weapons, explosive materials, and combat gears; prevent
and fight violations of the law in management and use of weapons, explosive
materials, and combat gears.
4. Develop, manage, update, and utilize database on
weapons, explosive materials, explosive precursors, and combat gears. On an
annual basis, prepare expenditure estimates on expansion, operation, upgrade,
and development of database on weapons, explosive materials, explosive
precursors, and combat gears and request the Minister of Public Security for
consideration.
5. Retrieve and classify weapons and combat gears
submitted by agencies, organizations, and enterprises licensed to be provided
with and use outside of the police; licenses and notice of registration and
declaration of weapons, explosive materials, and combat gears; provide training
and advanced training, issue certificate of use, certificate of military
weapon, explosive material, and combat gear storage facilities to individuals
affiliated to agencies, organizations, and enterprises permitted to
manufacture, trade, export, import, be provided with, and use military weapons,
explosive materials, explosive precursors, and combat gears under management of
the Ministry of Public Security.
6. Manage research, manufacturing, processing,
repair, trading, exporting, and importing facilities of military weapons,
explosive materials, and combat gears.
7. Inspect the management and use of weapons,
explosive materials, and combat gears in respect of agencies, organizations,
and enterprises permitted to manufacture, trade, export, import, be provided
with, and use weapons, explosive materials, and combat gears; handle
complaints, denunciations, and take actions against violations in management
and use of weapons, explosive materials, and combat gears within their power.
8. Study and apply science, technology in
management and use of weapons, explosive materials, and combat gears; implement
international cooperation in weapons, explosive materials, and combat gears.
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Article 31. Responsibilities
of the Department of Equipment and Storage
1. Develop standards and norms of military weapons,
explosive materials, and combat gears provided for police forces of all
administrative divisions; calculate quantity of military weapons, explosive
materials, and combat gears retained at storage of the Ministry of Public
Security.
2. Develop and implement plans for providing,
transferring, mobilizing military weapons, explosive materials, and combat
gears in people’s public security as per the law.
3. Place order, import military weapons, explosive
materials, and combat gears for distribution within people’s public security
forces.
4. Cooperate in providing training regarding
management and use of military weapons, explosive materials, and combat gears
in people’s public security forces.
5. Inspect preservation and evaluation of military
weapons, explosive materials, and combat gears provided for police forces of
all administrative divisions.
Article 32. Responsibilities
of entities affiliated to the Ministry of Public Security
1. Develop plans for providing, receiving,
distributing, transferring, and mobilizing military weapons, explosive
materials, and combat gears to entities under their management.
2. Consolidate reports on provision, management,
and use of military weapons, explosive materials, and combat gears under their
management.
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1. Advise People’s Committees of the same levels to
promulgate documents guiding management and use of weapons, explosive
materials, and combat gears under their management.
2. Communicate and popularize the Law on Management
and Use of Weapons, Explosive Materials, and Combat Gears and guiding
documents.
3. Request Departments of Logistics and Police
Sub-departments for Administrative Management of Social Order of provincial
police forces to retrieve, classify, liquidate, and destroy military weapons,
explosive materials, and combat gears submitted by entities affiliated to
provincial police, district police, commune police or agencies, organizations,
and enterprises under management.
4. Request Police Sub-departments for
Administrative Management of Social Order to issue license, notice of declared
and registered weapons, explosive materials, and combat gears for entities
affiliated to provincial police, district police, and commune police and
agencies, organizations, and enterprises under their management; provide
training, advanced training, and issue certificate of management and use of
military weapons, explosive materials, and combat gears to agencies,
organizations, and enterprises in the area.
5. Develop plans for providing, transferring, and mobilizing
military weapons, explosive materials, and combat gears to entities under their
management.
6. Update and utilize database on weapons,
explosive materials, explosive precursors, and combat gears.
7. Prevent and fight violations of the law in management
and use of weapons, explosive materials, and combat gears.
8. Inspect and evaluate weapons, explosive
materials, and combat gears in order to request competent authority to
liquidate or destroy as per the law.
9. Request Police Sub-departments for
Administrative Management of Social Order to inspect the management and use of
weapons, explosive materials, and combat gears in agencies, organizations, and
enterprises under Clause 2 Article 4 hereof; settle complaints, denunciations,
and take actions against violations in management and use of weapons, explosive
materials, and combat gears within their powers.
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Article 34. Responsibilities
of agencies, entities, organizations, and enterprises provided with and using
military weapons, explosive materials, and combat gears
1. Manage, preserve, and use military weapons,
explosive materials, and combat gears in a law-compliant manner.
2. On an annual basis, inspect and evaluate
weapons, explosive materials, and combat gears in possession; submit military
weapons, explosive materials, and combat gears to competent authorities as per
the law where usage is no longer necessary or is expired or is no longer
possible.
3. Apply for license to use or notice of
registration and declaration in respect of provided weapons and combat gears;
immediately report to issuing authority about missing license or notice of
registration and declaration.
4. Provide military weapons, explosive materials,
and combat gears for eligible individuals according to Clause 1 Article 6 of
the Law on Management and Use of Weapons, Explosive Materials, and Combat
Gears.
5. Assign qualified persons according to Clause 1
Article 7 of the Law on Management and Use of Weapons, Explosive Materials, and
Combat Gears to manage storage units of military weapons, explosive materials,
and combat gears.
6. Prepare storage units for military weapons,
explosive materials, and combat gears as per the law.
7. Cooperate with competent police authorities in
providing training, advanced training pertaining to management and use of
military weapons, explosive materials, and combat gears.
8. Consolidate and produce reports on management
and use of weapons, explosive materials, and combat gears as per the law.
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1. On an annual basis, professional Departments and
provincial police forces shall list all military weapons, explosive materials,
and combat gears provided and used using Form No. VC32 and Form No. VC35
attached to Circular No. 77/2024/TT-BCA dated November 15, 2024 of the Minister
of Public Security and send to Department of Equipment and Storage and Police
Department for Administrative Management of Social Order for consolidation and
submission to the Ministry of Public Security.
2. On a 6-monthly or annual basis, commune police
forces shall submit reports on management, use, submission, and retrieval of
weapons and explosive materials to district police forces; professional
departments and district police forces shall submit reports on management, use,
submission, and retrieval of weapons and explosive materials to provincial
police forces; professional Departments and provincial police forces shall
submit reports on management, use, submission, and retrieval of weapons and
explosive materials to Police Department for Administrative Management of
Social Order using Form No. VC33 attached to Circular No. 77/2024/TT-BCA for
consolidation and submission to the Ministry of Public Security.
3. On a 6-monthly or annual basis, agencies,
organizations, and enterprises under management of the Ministry of Public
Security shall produce reports on manufacturing, trading, export, import,
provision, and use of weapons and combat gears using Form No. VC36 attached to
Circular No. 77/2024/TT-BCA to Police Department for Administrative Management
of Social Order or Police Sub-departments for Administrative Management of
Social Order.
4. Where serious or complicated security and order
issues related to weapons, explosive materials, or combat gears occur or where
competent authorities request, agencies, entities, organizations, and
enterprises permitted to manufacture, trade, export, import, be provided with, and
use weapons, explosive materials, and combat gears must immediately report to
competent superior authority in writing.
5. The Police Department for Administrative
Management of Social Order is responsible for monitoring, expediting,
consolidating information on management and use of weapons, explosive
materials, and combat gears, and reporting to the Ministry of Public Security
as per the law.
Chapter VII
ORGANIZING
IMPLEMENTATION
Article 36. Entry into force
1. This Circular comes into force from January 01,
2025.
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a) Circular No. 16/2018/TT-BCA dated May 15, 2018
of the Minister of Public Security;
b) Circular No. 17/2018/TT-BCA dated May 15, 2018 of
the Minister of Public Security;
c) Circular No. 21/2019/TT-BCA dated July 18, 2021
of the Minister of Public Security.
Article 37. Responsibility for
implementation
1. Director of the Police Department for
Administrative Management of Social Order is responsible for coordinating,
guiding, and inspecting the implementation of this Circular.
2. Heads of entities affiliated to Ministry of
Public Security, Directors of police forces of provinces and central-affiliated
cities, and relevant agencies, organizations, and individuals are responsible
for the implementation of this Circular.
Difficulties that arise during implementation of
this Circular should be immediately reported to the Ministry of Public Security
(via Police Department for Administrative Management of Social Order)./.
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