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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.25/2012/ND-CP
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Hanoi, April
05, 2012
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DECREE
DETAILING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE
ORDINANCE ON MANAGEMENT AND USE OF WEAPONS, EXPLOSIVES AND SUPPORTING TOOLS
Pursuant to the Law on Organization of the
Government dated December 25, 2001;
Pursuant to the Ordinance on the management
and use of weapons, explosives and supporting tools dated June 30, 2011;
At the proposal of the Minister of Public
Security;
The Government issues the Decree to detail
the implementation of a number of Articles of the Ordinance on the management
and use of weapons, explosives and supporting tools,
Chapter 1.
GENERAL PROVISIONS
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1. This Decree details the implementation of a
number of Articles of the Ordinance on the management and use of weapons,
explosives and supporting tools (hereinafter referred to as the Ordinance) of
the prohibited acts; carrying of weapons, supporting tools upon entry of or
exit out of the territory of Vietnam in the special cases; responsibilities of
persons provided weapons, explosives, supporting tools; import of sporting
weapons, classification of military weapons, sporting weapons; equipment,
management of rudimentary weapons; shooting upon doing independent duty;
facilities, enterprises researching, manufacturing, producing, repairing
weapons; management, use of military explosives, supporting tool.
2. The management and use of industrial
explosives are not subject to the governing of this Decree.
Article 2. Application
subjects
This Decree applies to the Vietnamese agencies,
organizations and individuals and foreign agencies, organizations and
individuals, international organizations residing, entering, exiting,
transiting and operating in the territory of Socialist Republic of Vietnam; In
case the international treaties to which the Socialist Republic of Vietnam is a
contracting party otherwise provided for, such treaties shall prevail
(hereinafter collectively referred to as the organizations, individuals).
Article 3. Interpretation of
terms
1. Other types of weapons with similar
properties and effect according to the provision of clause 1 of Article 3
of the Ordinance are the weapons which are capable of causing damage to life,
to human health, damage to property, environmental impact similar to military
weapons, hunting rifles, rudimentary weapons, sporting weapons as specified in
the clauses 2, 3, 4 and 5 of Article 3 of the Ordinance.
2. Army or police animals according to
the provision of point đ Clause 9 of Article 3 of the Ordinance are
the animals that are trained to use for the purpose of national security and
preservation of public order and social safety.
Article 4. Prohibited Acts
1. The act of abusing the use of weapons,
explosives or supporting tools to infringe upon the health or lives of other
people; or the rights and legitimate interests of individuals, agencies or
organizations specified in the clause 3 of Article 5 of the Ordinance includes:
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b) Using weapons, explosives, supporting tools
not in compliance with provisions.
2. Other acts prohibited under the provisions of
clause 12 of Article 5 of the Ordinance include:
a) Carrying along with people, vehicles,
objects; producing, stockpiling and transporting illegally rudimentary weapons.
b) Producing, manufacturing, purchasing,
selling, transporting, exporting, importing, stockpiling and using parts,
component assemblies for illegal assembly, manufacture of weapons, supporting
tools.
c) Using weapons, explosives, supporting tools
to hunt, log illegally animals, plants, natural resources, destroying
ecological environment, causing damage to the security, public order and safety
society.
d) Assigning the persons who have not been
trained on management, use of weapons, explosives, supporting tools; minors,
the persons who are restricted civil act capacity, who have lost their civil
act capacity, the persons who are subject to criminal prosecution or the
persons who are convicted but not yet cleared criminal records to manage, use
weapons, explosives, or supporting tools.
đ) Abusing positions and powers to prevent
illegally, annoy, harass the organizations and individuals in the equipment,
grant of licenses for weapons, explosives, supporting tools.
e) Failing to provide or providing false
information of weapons, explosives, supporting tools; failing to timely report,
concealing or falsifying information reported on the theft, loss, accidents,
incidents of weapons, explosives, supporting tools.
g) Carrying weapons, explosives, supporting
tools illegally into the prohibited places, prohibited areas.
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i) Concealing, helping, creating conditions for
the others to produce, transport, purchase, sell, stockpile, use illegally,
destroy weapons, explosives, supporting tools.
Article 5. Subjects who are allowed
to carry weapons, supporting tools to enter, exit out of the Vietnamese
territory in the special cases
1. Foreign organizations, individuals are
allowed to carry weapons, supporting tools from abroad into Vietnam in the
following cases:
a) To protect the heads, deputy heads of the
States, the legislatures, the governments and other key members of the Royal
Families. Namely:
- Heads of States;
- Heads of the Governments;
- Chairman of the National Assembly;
- General Secretary, President of the party or
the head of the parties in relation to the Communist Party of Vietnam;
- United Nations Secretary-General;
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- The key members of the Royal Families (King,
Queen, Prince, Princess).
b) To protect the guests invited by the Party
Central Committee, the chairman of the States, the National Assembly, and the
Government of the Socialist Republic of Vietnam.
c) To exercise, compete in sports, exhibit,
display, offer, introduce products.
2. Vietnamese organizations, individuals are
carrying weapons, supporting tools from Vietnam to foreign countries in the
following cases:
a) To protect the heads of the Communist Party,
the Socialist Republic of Vietnam.
b) To exercise, compete in sports, exhibit,
display, offer, introduce products.
c) To carry weapons, supporting tools from
Vietnam to foreign countries under the provisions of guard law.
Article 6. The number and
categories of weapons and supporting tools allowed carrying into or out of the
territory of Vietnam in the special cases
1. Organizations, individuals are allowed
carrying up to 10 pistols together with the base number of balls into or out of
the territory of Vietnam to do the guard task. In the special cases, wishing to
bring more than the specified number of weapons, it must be approved by the
Prime Minister.
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Article 7. Responsibilities
of the persons assigned the weapons, explosives, supporting tools
1. Persons who are assigned weapons, explosives,
supporting tools are responsible for implementing the provisions of Article 8
of the Ordinance and for handing over weapons, explosives, supporting tools and
license to use in cases of transferring to the other jobs, of retirement,
termination of employment, transferring to work for other sectors or
unqualified standards and conditions of use of weapons, explosives, supporting
tools.
2. Agencies and governing units are responsible
for inspecting, recording minutes for the handover and receipt of weapons,
explosives, supporting tools and license to use referred to in Clause 1 of this
Article.
Chapter 2.
MANAGEMENT AND
USE OF WEAPONS
Article 8. Type of military
weapons equipped for the force of forest rangers, specialized force against the
smuggling of the customs, the customs border gate, Aviation Security
1. The forces in charge of anti-smuggling of
Customs, units of border gate Customs, forest rangers, Aviation Security are
equipped with:
a) Pistol, submachine-gun of all types.
b) Ammunition used for firearms specified in
point (a) of this clause.
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Article 9. Provisions on
shooting as doing independent duty
1. As doing independent duty, the shooting must
comply with the principles set out in clause 2 of Article 22 and the shooting
cases specified in clause 3 of Article 22 of the Ordinance.
2. Warning before shooting according to the
provisions at Point b, Clause 2, Article 22 of the Ordinance is expressed
through verbal commands or shooting into the air.
Article 10. Import and
grant of license for transport of sporting weapons
1. Based on the need, purpose of use and after
consultation with the Ministry of Defense and Ministry of Public Security on
the number and categories of sporting weapons need to be imported, the Ministry
of Culture, Sports and Tourism shall submit to the Prime Minister for decision
on permission of import of sporting weapons.
2. Procedures to grant license for transporting
sporting weapons.
After the Prime Minister decides to allow import
of sporting weapons, the enterprises tasked to import by the Ministry of
Culture, Sports and Tourism must conduct procedures to be granted
transportation license. Dossier requesting for transportation license shall be
made into 01 set and submitted to the General Department of Administration
Management Police on order, social security. Dossier comprises:
a) A written request for transportation license
of imported sporting weapons. Content of the written request, shall clearly
state the number of, categories of sporting weapons, location and time of
delivery, receipt, type of means of transportation, transportation routes.
b) A copy of the written permission for import
of sporting weapons issued by the Prime Minister.
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Person named in the referral must produce the
valid identity card or passport to dossier receiving official.
Within 4 working days after receiving complete
and valid dossier, Public Security agency must grant transportation license
according to regulations.
3. The term of the transportation license is 30
days.
Article 11. Classification
of military weapons, sporting weapons
1. Military weapons, sporting weapons must be
classified; if they are broken and cannot be fixed, they must be conducted the
liquidation, destruction according to regulations. The classification of
military weapons, sporting weapons must be set up a council.
Classification board consists of: representative
of the agency, the unit equipped with, representative of the public security
agency where the license is granted. Classification board of military weapons,
sporting weapons is established by the public security agency where the use
license is granted at the request of the agency; unit equipped.
The inspection, classification decisions must be
recorded in writing.
2. The Minister of Defense guides the
classification of weapons under the management competence of the Ministry of
Defense.
Article 12. Facilities and
enterprises of the Ministry of Defense, Ministry of Public Security conducting
research, manufacture, production, repair of weapons
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2. The research, manufacture, production, repair
of weapons in the facilities, enterprises under the Ministry of Defense must
meet the following conditions:
a) Being tasked research, manufacture,
production, repair of weapons by the Minister of Public Security.
b) Infrastructure and machinery meeting the
needs of research, manufacture, production, repair of weapons.
c) Satisfaction of conditions of security,
order.
Article 13. Subjects
equipped with rudimentary weapons
1. The units of the People's Army, the People's
Public Security, Militia.
2. Forest ranger, specialized force against
smuggling of the customs, the border gate customs, Aviation Security.
3. Inspection team of market management force;
boards, bodyguards of the agencies, organizations, or enterprises trading
security services; agencies enforcing civil judgments.
4. Boards of protection of residential areas or
mass organizations to protect security, order of communes, wards and townships.
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6. Centers of Medical Treatment - Education -
Social Labor.
7. Clubs, schools, centers of training, coaching
sports.
8. Centers of defense and security education.
9. Museums, studios, arts performing units.
Article 14. Rudimentary
weapons ownership of individuals
Individuals are owned only rudimentary weapons
to be objects on display, exhibition, and family’s precious objects or objects
to be inherited from ancestors in accordance with the customs and practices of
ethnic minorities.
Article 15. Licensing
procedures for purchase of rudimentary weapons
1. The rudimentary weapons must be equipped for
the right subjects as specified in Article 23 of the Ordinance and Article 13
of this Decree. The Ministry of Public Security bases on function, tasks and
needs of each subject (except for Army units, Militia) to license for purchase
according to the right category. Dossier is made into 01 set including:
a) A written request for purchase of rudimentary
weapons. Content of the request must be stated the reason, the number, category
of rudimentary weapons needs to be bought.
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Person named in the referral must produce the
valid identity card or passport to dossier receiving official.
2. Place to receive dossier requesting for
license to purchase rudimentary weapons
a) Department of Administration Management
Police on social order receives dossier requesting for license to purchase
rudimentary weapons of agencies, units of the ministries, branches at the
central level and the enterprise trading security services allowed to train
guards.
b) Public Security of provinces and cities
directly under the Central Government shall receive dossiers requesting for
licenses to purchase rudimentary weapons of the agencies, local units.
After receiving the dossiers, Public Security
agencies shall carry out evaluation. Within 05 (five) working days after
receiving complete and valid dossiers, Public Security agencies must grant
licenses for purchasing rudimentary weapons as prescribed.
3. The term of the license to rudimentary
weapons is 30 days.
Article 16. Management, use
of rudimentary weapons
1. Rudimentary weapons equipped must be
conducted the procedures of registration with the competent Public Security
agencies on the number and categories; they are not required to conduct
licensing procedures for use. When brought into use, they must be permitted by
the head of that agency, unit.
2. Rudimentary weapons to be objects in the
museum, are used as film props, performing arts, family’s precious objects or
objects to be inherited from ancestors in accordance with the customs and
practices of ethnic minorities must be declared to the Public Security agencies
of communes, wards and towns and are only allowed to display, exhibit, perform,
or use them in the worship rituals of the ethnic minorities.
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Chapter 3.
MANAGEMENT AND USE OF
MILITARY EXPLOSIVES
Article 17. Subjects to use
of military explosives
1. People's Army.
2. People's Public Security.
Article 18. Conditions to
ensure safety in the research, manufacture, storage, use of military explosives
1. Units assigned tasks of research, manufacture,
storage, use of military explosives must set up organizational systems of
management, technical safety directly administered, directed and assigned
people having enough qualifications, experience to be in charge of carrying out
the technical safety in each division, position with high risk of incidents,
accidents of fires, explosions.
2. Units assigned tasks of research,
manufacture, storage, use of military explosives must have a plan to protect
the security, order and plan, measures of fire prevention and fire fighting for
the facilities of research, manufacture, warehouse system, places where loading
and unloading are made, means of transportation and periodically organize
drills of fire prevention and fighting, rescue. Military explosives storages
must be designed, constructed according to technical safety standards, have
plan of prevention, response to emergency incidents, to ensure safety of
environmental sanitation.
3. Officers and soldiers assigned to tasks of
warehouse management, transportation, use of military explosives must be
trained to meet the requirements of appropriate qualifications.
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Chapter 4.
MANAGEMENT, USE OF
SUPPORTING TOOLS
Article 19. Subjects
equipped with supporting tools
1. Subjects equipped with supporting tools
include:
a) People's Army; Militia.
b) People's Public Security.
c) An aviation security.
d) Forest ranger, specialized force against the
smuggling of customs, the border gate customs, the inspection teams of market
management forces.
đ) The specialized security boards, teams of the
agencies, organizations or enterprises; enterprises trading security services;
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g) Clubs, Schools, centers of training, coaching
sports licensed for operation.
h) The agencies enforcing civil judgments.
i) The inspectors of fisheries, fisheries
protection force.
k) Center for Medical Treatment - Education -
Social Labor.
l) Other subjects decided by the Prime Minister.
2. Based on the nature and requirements of the
task, the heads of the units specified in clause 1 of this Article decide on
equipment of categories, the number of supporting tools appropriately.
3. The Ministry of Defense shall provide the
equipment, grant of licenses to purchase, licenses to use supporting tools for
the subjects within the scope of management.
4. The Ministry of Public Security shall preside
over and coordinate with the ministries, ministerial-level agencies to provide
the equipment and grant of licenses to use supporting tools for other subjects
outside the jurisdiction of the Ministry of Defense.
Article 20. Licensing
procedures for purchasing supporting tools
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a) A written request for purchasing supporting
tools.
b) A copy of the establishment decision or
business registration certificate.
c) A decision on the establishment of
specialized security forces (applies to the agencies, enterprises establishing
specialized security force).
d) A referral of the person coming to contact.
Person named in the referral must produce the
valid identity card or passport to dossier receiving official.
2. Place to receive dossier requesting for
license to purchase supporting tools.
a) Department of Administration Management
Police on social order receives dossier requesting for license to purchase
supporting tools of agencies, units of the ministries, branches at the central
level and the enterprise trading security services allowed to train guards.
b) Public Security of provinces and cities
directly under the Central Government shall receive dossiers requesting for
licenses to purchase supporting tools of the local agencies, units.
During 04 working days, the competent public
security agencies must grant licenses for purchasing supporting tools as prescribed.
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Article 21. Procedures for
grant of licenses to use support tools
1. Licenses to use supporting tools are provided
for the types of guns used to shoot plastic bullets, rubber bullets, tear gas,
asphyxiating gas, poison, narcotics, magnetic, laser, fireworks, and types of
electrical batons, rubber batons, metal batons. For other supporting tools,
agencies, units allowed to use must make a list, recording the full number,
categories, and conduct registration procedures with the competent Public
Security agencies.
2. Dossier for grant of new license using
supporting tools
The subjects allowed to equip with the
supporting tools provided in Article 19 of this Decree, after the purchase, it
is required to bring supporting tools and produce the originals, submit the
copies of invoices or slips of shipment to the public security agencies where
granted licenses of purchase to be granted licenses to use.
Within not more than 05 working days (for
quantity of less than 50 licenses), not more than 10 days (for quantity of 50
or more licenses), after receiving complete and valid dossiers, the public
security agencies must grant licenses to use supporting tools as prescribed.
3. Dossier for re-grant of licenses to use
The re-grant of licenses to use is applied when
the licenses to use have expired, lost. Dossier is made 01 set and filed at the
public security agency where granted license to use. Comprising:
a) A written request of the agency or organization;
content of the request must be shown the reason for the re-grant, the number of
licenses requesting for re-grant; number, categories, symbols of supporting
tools for re-grant.
b) The expired license or statement stating the
reason of the loss, stating the results of dealing with the loss of the
license.
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Person named in the referral must produce the
valid identity card or passport to dossier receiving official.
Within not more than 05 working days (for
quantity of less than 50 licenses), 10 days (for quantity of 50 or more
licenses), after receiving complete and valid dossiers, the public security
agencies must re-grant licenses to use supporting tools as prescribed.
4. Dossier for modification grant of license to
use supporting tools
The modification grant of licenses to use
supporting tools is applied when licenses are broken. Dossier is made 01 set
and filed at the public security agency where granted license to use.
Comprising:
a) A written request of modification grant of
the agency or organization. Content of the request must be shown the reason for
the modification grant, the number of licenses requesting for modification
grant; number, categories, symbols of supporting tools for modification grant.
b) A referral of the person coming to contact.
Person named in the referral must produce the
valid identity card or passport to dossier receiving official.
Within not more than 05 working days, after
receiving complete and valid dossiers, the public security agencies must make
modification grant of licenses to use supporting tools as prescribed.
5. The licenses to use supporting tools are
valid for 05 years and are granted only for the agencies, units allowed to
equip.
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Article 22. Licensing
procedures for transportation of supporting tools
1. Dossier requesting for transportation license
of supporting tools is made into 01 set. Comprising:
a) A written request for transportation license;
content of the request must be shown the reason, the number, categories, place
of departure, place of arrival, means of transportation of supporting tools.
b) A written permission of transportation of
supporting tools of the superior governing agency.
c) A referral of the person coming to contact.
Person named in the referral must produce the valid
identity card or passport to dossier receiving official.
2. Place to receive dossier requesting for
transportation license of supporting tools.
a) Department of Administration Management
Police on social order receives dossiers requesting for transportation license
of supporting tools to the agencies, units of the ministries, branches at the
central level and the enterprises trading security services allowed to train
guards.
b) Public Security of provinces and cities
directly under the Central Government shall receive dossiers requesting for
transportation licenses of supporting tools to the local agencies, units.
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3. The term of the transportation license of
supporting tools is 30 days.
4. The Ministry of Defense shall specify
dossier, procedures to grant the transportation license of supporting tools for
the units under the jurisdiction of the Ministry of Defense.
Article 23. Procedures to
repair supporting tools
1. Dossier requesting for license to repair
supporting tools is made into 01 set and filed at the competent public
security agency where granted license to use. Comprising.
a) A written request for license to repair
supporting tools; content of the request must be shown clearly the number,
categories of supporting tools need to be repaired, place estimated to repair,
duration estimated to repair.
b) A referral of the person coming to contact.
Person named in the referral must produce the
valid identity card or passport to dossier receiving official.
Within 05 working days, after receiving complete
and valid dossiers, the public security agencies must grant licenses to repair
supporting tools as prescribed.
2. In case of required transportation of
supporting tools to the repair place, license of repair is simultaneously the
transportation license.
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4. The Ministry of Defense shall specify
dossier, procedures to grant licenses to repair supporting tools for the units
under its jurisdiction.
Article 24. Management and
use of supporting tools
1. Supporting tools not yet used must be stored
in the warehouse or place of storage. When put them into warehouse or storage
place, they must be streamlined, separated each category and brand. Every year,
the agencies, units must carry out the technical inspection, periodic
maintenance in accordance with provisions, and the manufacturer's maintenance
procedures.
2. Agencies, units allowed equipping, using
supporting tools must open records, books for tracking. Supporting tools put
into use must be permitted by the head of the agency or unit and must be
recorded.
3. Persons who are assigned supporting tools by
the agencies, units must be trained on features, effects, using skill. When
traveling on duty with carrying supporting tools, a license to use must be
brought along with. In case of requirement of work, combat, supporting tools
are allowed bringing home, they must be stored carefully, ensured safely. When
the tasks are completed, persons assigned supporting tools must hand over to
the responsible persons for preservation of supporting tools. Where the
supporting tools or using licenses are lost, they must be reported immediately
to the head in charge directly. Agencies, organizations lost licenses,
supporting tools must report immediately in writing to the public security
agencies where granted licenses to use supporting tools for coordination of
settlement.
4. When using the supporting tools, persons who
are assigned supporting tools by the agencies, units must strictly abide by the
provisions of Article 33 of the Ordinance.
Article 25. Conditions of
the facilities, enterprises of research, manufacture, production, repair of
supporting tools
1. The research, manufacture, production, repair
of supporting tools is done in the facilities and enterprises of the Ministry
of Public Security, the Ministry of Defense.
2. In case the facilities, enterprises of the
Ministry of Public Security, the Ministry of Defense do not guarantee the
research, production, repair, they can do by the method of bidding or ordering
at the facilities and enterprises meeting the full following conditions:
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b) They must be the qualified facilities,
enterprises of security, order and granted certificates of satisfaction of
security, order by the competent public security agencies.
Article 26. Conditions of
the facilities, enterprises importing, exporting, trading supporting tools
Facilities, enterprises of the Ministry of Public
Security, Ministry of Defense and other organizations, enterprises importing,
exporting, trading supporting tools must satisfy the following conditions:
1. To be established and operated in accordance
with the law provisions.
2. To be eligible for security, order and
granted certificates of satisfaction of security, order by the competent public
security agencies.
3. To suit to the planning on facilities,
enterprises importing, exporting, trading supporting tools as prescribed by the
Ministry of Defense, Ministry of Public Security.
Chapter 5.
STATE MANAGEMENT
RESPONSIBILITIES ON WEAPONS, EXPLOSIVES, SUPPORTING TOOLS
Article 27. Responsibility
of the Ministry of Public Security
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2. To send recommendations to the Government,
the Prime Minister for amending and supplementing the documents of management,
use of weapons, explosives, and supporting tools.
3. To coordinate with the relevant ministries,
branches to specify the subjects, management, preservation, and use of weapons,
explosives, supporting tools as assigned by the Government.
4. To organize registration, grant, revocation
of licenses in the management and use of weapons, explosives, supporting tools
according to their competence.
5. To prescribe standards, technical
regulations, standards of storage place of weapons, explosives, supporting
tools according to their competence.
6. To organize the coaching, training of
professional skill on the management and use of weapons, supporting tools and
grant of certificate for the subjects allowed using weapons, supporting tools
outside the scope of management of the Ministry of Defense.
7. To organize the apparatus specialized in and
responsible for monitoring the management of weapons, explosives, supporting
tools.
8. To inspect, examine, fight against the
violations of the law on management and use of weapons, explosives, supporting
tools; to organize propaganda, dissemination of legal documents on management
and use of weapons, explosives, and supporting tools.
9. To organize the research, application of
science and technology in the management and use of weapons, explosives and
supporting tools.
10. To organize statistic, sum up the management
and use of weapons, explosives, supporting tools according to their competence.
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12. To settle complaints, denunciations; propose
to commend and reward individuals and organizations having outstanding
achievements in the management and use of weapons, explosives and supporting
tools.
Article 28.
Responsibilities of the Ministry of Defense
1. To organize the implementation of the
Ordinance and to issue the guidelines on the management and use of weapons,
explosives, supporting tools under the jurisdiction of the Ministry of Defense.
2. To specify subjects equipped with weapons and
explosives, supporting tools for the main army force, the Border Guard, the
Coast Guard, the local army and Militia.
3. To register, grant licenses to use weapons,
explosives, supporting tools for the subjects specified in clause 2 of this
Article.
4. To provide or convert military weapons for
the subjects outside the jurisdiction of the Ministry of Defense after
consultation with the Ministry of Public Security.
5. To organize the facilities producing,
repairing military weapons, sporting weapons, explosives and supporting tools
in the People's Army.
6. To receive, process and destroy military
weapons and explosives submitted by public security agencies or the
organizations and individuals.
7. To inspect the management and use of weapons,
explosives, supporting tools for subjects managed by the Ministry of Defense.
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9. To implement international cooperation on the
management of weapons, explosives, supporting tools under the jurisdiction of
the Ministry of Defense.
10. To settle complaints, denunciations; propose
recommend and reward individuals and organizations having outstanding
achievements in the management and use of weapons, explosives and supporting
tools.
11. To propose to the Government, the Prime
Minister for amending and supplementing the document on management of weapons,
explosives, and supporting tools under the jurisdiction of the Ministry of
Defense.
Article 29.
Responsibilities of relevant ministries and branches
1. The Ministry of Culture, Sports and Tourism
is responsible for:
a) To preside over, coordinate with the Ministry
of Public Security specify the equipment, management, and use of weapons in
training, competition of sports; weapons, explosives, supporting tools as props
or for display, exhibitions in the cultural, art activities.
b) To coordinate with the Ministry of Public
Security to conduct conversion, liquidation, destruction of sporting weapons.
c) To examine the management and use of sporting
weapons equipped to the subjects under the provisions of this Ordinance and
Decree.
2. Ministry of Science and Technology is
responsible for:
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b) To set up norms and standards using
explosives in scientific research and technology.
3. The Ministry of Finance shall preside over
and coordinate with the Ministry of Public Security, the Ministry of Defense to
guide the allocation and use of funds for the management and use of weapons,
explosives, supporting tools; the collection of fees for registration, grant of
license to manage the weapons, explosives, supporting tools; guide the national
reservation for explosives.
4. The Ministry of Information and
Communications is responsible for directing the agencies of information, media
to propagate and disseminate the regulations on management and use of weapons,
explosives, supporting tools; to propagate, mobilize People to detect, collect
and hand in weapons, explosives, supporting tools stored, used illegally.
5. The Ministry of Education and Training is responsible
for developing the program to disseminate the regulations on management and use
of weapons, explosives, supporting tools in the middle schools and vocational
school, high schools, colleges, universities.
6. The ministries, branches within their tasks
and powers, have the responsibility to coordinate with the Ministry of Public
Security to provide data for the state statistic and perform other tasks of the
contents of State management on weapons, explosives, supporting tools.
Article 30. Responsibilities
of the People's Committees at all levels
1. To organize the propaganda, dissemination,
education of law on the management and use of weapons, explosives and
supporting tools.
2. To organize the implementation of the
provisions of the law on management and use of weapons, explosives and
supporting tools.
3. To examine, inspect, settle complaints and
denunciations; reward and handle violations related to the management and use
of weapons, explosives and supporting tools as prescribed by law.
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IMPLEMENTATION
PROVISIONS
Article 31. Effect
This Decree takes effect from May 20, 2012 and
replaces the Decree No.47/CP of August 12, 1996 on the management of weapons,
explosives and supporting tools.
Article 32. Transitional
provisions
1. Certificates, licenses (except for licenses
to use shotguns) granted to the organizations, individuals in the field of
management, use of weapons, explosives, supporting tools in accordance with the
law provisions prior to the effective date of the this Decree shall be continued
to use until the expiration of the time limit specified in the certificates or
licenses.
2. Licenses of using shotguns granted to
individuals previously by the competent public security agencies must be
revoked.
Article 33. Responsibility
for implementation
1. The Minister of Public Security is
responsible for guiding the implementation of the clauses and Articles assigned
in this Decree and other necessary contents of this Decree to meet state
administration requirements.
2. The Ministers, heads of ministerial-level
agencies, the heads of the Governmental agencies, Presidents of the People's
Committees of provinces and cities directly under the Central Government are
responsible for the implementation of this Decree.
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FOR THE
GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung