Decree No. 149/2024/ND-CP dated November 15, 2024 on elaboration of some Articles and measures for implementation of the Law on Management and Use of Weapons, Explosive Materials and Support Instruments

THE GOVERNMENT OF VIETNAM -------	THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 149/2024/ND-CP	Hanoi, November 15, 2024

 

DECREE

ELABORATION OF SOME ARTICLES AND MEASURES FOR IMPLEMENTATION OF THE LAW ON MANAGEMENT AND USE OF WEAPONS, EXPLOSIVE MATERIALS AND SUPPORT INSTRUMENTS

Pursuant to the Law on Government Organization dated June 19, 2015; Law dated November 22, 2019 on Amendments to some Articles of the Law on Government Organization and Law on Local Government Organization dated November 22, 2019;

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

At the request of the Minister of Public Security;

The Government hereby promulgates a Decree on elaboration of some Articles and measures for implementation of the Law on Management and Use of Weapons, Explosive Materials and Support Instruments.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Decree elaborates some Articles of the Law on Management and Use of Weapons, Explosive Materials and Support Instruments, including:

a) Clause 3 of Article 6 providing for training in use of weapons, military explosive materials and support instruments and issuance of certificates of use of weapons, military explosive materials and support instruments;

b) Clause 4 of Article 7 providing for training in management of warehouses and places for storing weapons, military explosive materials and support instruments and issuance of certificates of management of warehouses and places for storing weapons, military explosive materials and support instruments;

c) Clause 3 of Article 8 providing for management and preservation of weapons, military explosive materials and support instruments;

d) Clause 3 of Article 10 providing for recall of weapons, military explosive materials and support instruments and revocation of licenses for and certificates of management and use of weapons, military explosive materials and support instruments;

dd) Clause 5 of Article 14 providing for power and procedures for deactivating and confirming status of weapons and support instruments used for exhibitions and displays or as props in cultural and artistic activities

e) Clause 6 of Article 17 providing for trading, export and import of weapons, except for research into, fabrication, production, repair, export and import of weapons for national defense and security purposes;

g) Clause 1 of Article 74 providing for measures to ensure safety in the production, trading, export, import, transport and use of highly lethal knives.

2. Measures for implementation of the Law on Management and Use of Weapons, Explosive Materials and Support Instruments include inspection of the management and use of weapons, military explosive materials and support instruments; responsibility for state management revocation of weapons, military explosive materials and support instruments.

Article 2. Regulated entities

This Decree applies to authorities, organizations, enterprises and individuals related to management and use of weapons, military explosive materials and support instruments, and production, trading, export, import, transport and use of highly lethal knives.

Article 3. Definitions

For the purposes of this Decree, the terms below shall be construed as follows:

1. “weapon/support instrument deactivation” means an organization or enterprise licensed to research into, fabricate, produce and repair weapons and support instruments adopting measures for deactivating a weapon/support instrument.

2. “warehouse of weapons, military explosive materials and support instruments” means a building that is built in a location authority in accordance with technical standards approved by a competent authority to keep and preserve weapons, military explosive materials and support instruments.

3. “place for storing weapons and support instruments” means a place arranged by an authority, organization or enterprise to store and maintain weapons and support instruments to ensure security and fire safety.

4. “classification of weapons, military explosive materials and support instruments” means the assessment, categorization, arrangement and stocktaking of weapons, military explosive materials and support instruments by their type, quality, use value, properties, effects and danger.

5. “training in management and use of weapons, military explosive materials and support instruments” means a competent authority disseminating regulations of law and providing guidelines for management, preservation, transport, structure, functions, effects and skills in use of each type of weapon, military explosive material or support instrument.

6. “authority competent to equip weapons, military explosive materials and support instruments” means an authority assigned by the Minister of Public Security or Minister of National Defense to equip units affiliated to the People's Public Security Force or People’s Army with weapons, military explosive materials and support instruments for management and use to serve the performance of their duties.

7. “public place” means an area or location which serves the common needs of many people or where political, economic, cultural or social events take place.

Article 4. Management and preservation of weapons, military explosive materials and support instruments

1. The management and preservation of weapons, military explosive materials and support instruments shall comply with Article 8 of the Law on Management and Use of Weapons, Explosive Materials and Support Instruments and the following regulations:

a) Any authority, organization or enterprise equipped with weapons, military explosive materials and support instruments must manage and preserve them at warehouses and storage places; may only use them if it possesses the use license or has registered and declared as prescribed;

b) Warehouses of weapons, military explosive materials and support instruments shall be designed and constructed in accordance with technical standards decided by the Minister of National Defense or the Minister of Public Security within his/her power;

c) Regarding warehouses and places for storing weapons, military explosive materials and support instruments, it is required to ensure security, safety, fire safety and environmental safety; impose protection measures, incident response measures and regulations approved by the head of the authority, organization or enterprise; provide equipment and facilities satisfying technical standards to serve the management and preservation of weapons, military explosive materials and support instruments;

d) Weapons, military explosive materials and support instruments in warehouses and storage places shall be neatly arranged and sorted by their type and trademark; flammable materials and items must not be stored together with weapons, military explosive materials and support instruments or military explosive materials must not be stored together weapons and support instruments in the same warehouse or storage place.

2. Regulations on management and preservation of weapons, military explosive materials and support instruments

a) When equipped with weapons, military explosive materials and support instruments, the authority, organization or enterprise must prepare a record and logbook; when dispatching weapons, military explosive materials and support instruments from warehouses and storage places, it is required to obtain consent from the head of the authority, organization or enterprise and enter adequate information in the record or logbook with signatures of the consignor and consignee; may only use them if it possesses the use license or has registered and declared as prescribed; after use, if weapons, supporting instruments or military explosive materials are not fully used, it is required to report them to the head of the authority, organization or enterprise and transfer them to the person assigned to manage the warehouse or storage place for maintenance, preservation and management according to regulations.

b) The authority, organization or enterprise equipped with weapons, military explosive materials and support instruments shall regularly carry out technical inspection, assessment of quality and classification of such weapons, military explosive materials and support instruments; submit an annual report thereon in November to the authority competent to equip and authority issuing licenses to acquire or use weapons, military explosive materials and support instruments as prescribed;

c) Weapons, military explosive materials and support instruments used by the People’s Public Security Force or People’s Army which are no longer usable, become expired or damaged beyond use or are not allowed to be equipped must be transferred to the equipping authority for recall, liquidation or destruction in accordance with regulations of law on management and use of public property;

d) Weapons and support instruments equipped for other authorities, organizations and enterprises under management of the People’s Public Security which are no longer usable, become expired or damaged beyond use or are not allowed to be equipped must be transferred to the authority issuing equipment licenses for recall, liquidation or destruction as prescribed;

dd) In case any of the weapon, military explosive material or support instrument is lost or the warehouse or storage place is involved in any incident, it is required to immediately report such to the police authority of the commune where the head office of the authority, organization or enterprise is located, equipping authority and authority issuing equipment licenses to take actions as prescribed.

3. The person assigned to manage a warehouse or place for storing weapons, military explosive materials and support instruments shall comply with the following regulations:

a) Fully record the following in the logbook: dispatch, receipt, recall, circulation, mobilization, reclassification, damage to, loss or repair of weapons, military explosive materials and support instruments;

b) Regularly inspect and maintain weapons, military explosive materials and support instruments and take measures for preventing them from rust, termites, dampness, mold; clean both the inside and outside of the warehouse or storage place to ensure security, safety, fire safety and environmental safety.

Article 5. Recall of weapons, military explosive materials and support instruments and revocation of licenses for and certificates of management and use of weapons, military explosive materials and support instruments

1. The recall of weapons, military explosive materials or support instruments shall follow the sequence below:

a) Upon surrender of the weapons, military explosive materials or support instruments, the authority, organization or enterprise must submit to a competent authority an application for issuance of the license to transport weapons, military explosive materials and support instruments; After receiving the application form, the authority competent to issue equipment and use licenses shall recall the weapons, military explosive materials or support instruments as prescribed in point b of this clause. Unless the competent authority recalls the weapons, military explosive materials or support instruments directly at the head office of the authority, organization or enterprise applying for surrender, the transport license is not required.

After receiving the application forms for recall of weapons, military explosive materials or support instruments from units affiliated to the People's Public Security Force or People’s Army, the equipping authority affiliated to the Ministry of Public Security or Ministry of National Defense shall recall weapons, military explosive materials and support instruments as prescribed in point b of this clause;

b) The authority competent to issue equipment and use licenses or equipping authority affiliated to the Ministry of Public Security or Ministry of National Defense shall conduct an inspection and prepare a recall record explicitly specifying the quantity, types, trademarks, numbers, symbols, manufacturing country, origin and condition of the weapons, military explosive materials or support instruments. The record shall be made into 02 copies. 01 copy shall be sent to the authority, unit, organization or enterprise and 01 shall be kept by the authority that has the power to recall.

2. The revocation of licenses for or certificates of management and use of weapons, military explosive materials and support instruments shall follow the sequence below:

a) Within 03 working days from the date of receiving the application form for revocation of the licenses to use weapons and support instruments, licenses to trade in support instruments, certificates of use or certificates of management of warehouses and places for storing weapons, military explosive materials and support instruments from an authority, organization or enterprise, the authority competent to issue the license shall notify the authority, organization or enterprise of the time and location of surrender for revocation;

b) The authority competent to issue licenses and certificates of management and use of weapons, military explosive materials and support instruments shall conduct an inspection or prepare a revocation record explicitly specifying the quantity and types of the licenses or certificates. The record shall be made into 02 copies. 01 copy shall be sent to the authority, organization or enterprise and 01 shall be kept by the authority that has the power to revoke;

c) After surrendering the weapon or support instrument to the equipping authority, units in the People's Public Security Force shall surrender the use licenses to the issuing authority and comply with the regulations set out under point b of this clause.

3. Where any authority, organization or enterprise fails to surrender weapons, military explosive materials, support instruments, licenses or certificates as prescribed in Article 9 of the Law on Management and Use of Weapons, Explosive Materials and Support Instruments, the equipping authority or authority competent to issue equipment licenses shall conduct an inspection, make a record as prescribed in point b clause 1 and point b clause 2 of this Article and recall the weapons, military explosive materials or support instruments or revoke the licenses or certificates and take actions as prescribed by law.

4. After recall of the weapons, military explosive materials or support instruments, the competent authority shall classify, liquidate or destroy them as prescribed. For revoked licenses and certificates, the issuing authority shall, on an annual basis, produce statistics on each type of license or certificate revoked, organize the destruction thereof and prepare records of the destruction results.

Article 6. Power and procedures for deactivating and confirming status of weapons and support instruments used for exhibitions and displays or as props in cultural and artistic activities

1. Before being used for exhibitions and displays or as props in cultural and artistic activities, weapons and support instruments, except for cold weapons must be deactivated to serve the management and use as per regulations of law on cultural heritage.

2. Any organization or enterprise affiliated to the Ministry of Public Security or Ministry of National Defense which is permitted to research into, fabricate, produce and repair weapons and support instruments may deactivate such weapons and support instruments after obtaining a written consent from the competent authority specified in clause 3 of this Article.

3. The Police Department for Administrative Management of Social Order affiliated to the Ministry of Public Security has the power to confirm status of deactivated weapons and support instruments used for exhibitions and displays or as props in cultural and artistic activities with respect to authorities, organizations and enterprises issued with equipment or use licenses by the Police Department for Administrative Management of Social Order; Police Offices for Administrative Management of Social Order under Police authorities of provinces and central-affiliated cities have the power to confirm status of deactivated weapons and support instruments used for exhibitions and displays or as props in cultural and artistic activities with respect to authorities, organizations and enterprises issued with equipment or use licenses by the Police Offices for Administrative Management of Social Order

The competent authority decided by the Minister of National Defense shall confirm status of deactivated weapons and support instruments used for exhibitions and displays or as props in cultural and artistic activities with respect to entities under management of the Ministry of National Defense.

4. Any authority, organization or enterprise that wishes to deactivate weapons and support instruments and confirm status of deactivated weapons and support instruments shall comply with the following regulations:

a) It is required to submit an application form for deactivation and confirmation, which explicitly specifies name and address of the authority, organization or enterprise; full name and personal ID number or passport number of the legal representative; reasons, quantity, type, trademark, number, symbol and origin of each weapon or support instrument; name and address of the organization or enterprise in charge of deactivation;

b) The application form specified in point a of this clause shall be submitted on the national public service portal or information system for handling administrative procedures of the Ministry of Public Security, by post or in person at the competent police authority specified in clause 3 of this Article. If submitted in person, the application form shall also include full name and personal ID number or passport number of the person who comes to make contact (hereinafter referred to as “contacting person”).

Regarding an entity under the management of the Ministry of National Defense, the application form shall be submitted on the information system for handling administrative procedures of the Ministry of National Defense, by post or in person at the competent authority prescribed by the Minister of National Defense. If submitted in person, the application form shall also include full name and personal ID number or passport number of the contacting person;

c) Within 03 working days from the date of receiving the application form for deactivation, the competent authority specified in clause 3 of this Article shall grant a written permission for deactivation of the weapons or support instruments, which explicitly specifies the quantity, types, trademarks, numbers and symbols of the weapons or support instruments, time, name and address of the organization or enterprise in charge of deactivation; in case of rejecting the application form, a written explanation shall be provided.

After the organization or enterprise affiliated to the Ministry of Public Security deactivates the weapons or support instruments, it shall notify the applicant and Police Department for Administrative Management of Social Order or Police Office for Administrative Management of Social Order, prepare a record of confirmation of status of the weapons or support instruments and issue a Notification confirming status of the deactivated weapons or support instruments.

5. The authority, organization or enterprise that is managing and using deactivated weapons or support instruments and wishes to use them for exhibitions and displays or as props in cultural and artistic activities shall comply with the following regulations:

a) It is required to submit an application form for confirmation, which explicitly specifies name and address of the authority, organization or enterprise; full name and personal ID number or passport number of the legal representative; reasons, quantity, types, trademarks, numbers, symbols and origin of the weapons or support instruments;

b) The application form specified in point a of this clause shall be submitted on the national public service portal, information system for handling administrative procedures of the Ministry of Public Security, by post or in person at the competent police authority specified in clause 3 of this Article. If submitted in person, the application form shall also include full name and personal ID number or passport number of the contacting person.

Regarding an entity under the management of the Ministry of National Defense, the application form shall be submitted on the information system for handling administrative procedures of the Ministry of National Defense, by post or in person at the competent authority decided by the Minister of National Defense. If submitted in person, the application form shall also include full name and personal ID number or passport number of the contacting person;

c) Within 03 working days from the date of receiving a sufficient application, the competent authority specified in clause 3 of this Article shall carry out an inspection, make a record and issue a notification confirming status of deactivated weapons or support instruments. In case of rejecting the application, a written explanation shall be provided.

Article 7. Measures to ensure safety in the production, trading, export, import, transport and use of highly lethal knives

1. Any organization, enterprise or individual that produces, trades in, exports, imports or transports highly lethal knives must adhere to the following regulations:

a) Upon production of highly lethal knives, the brand, symbol or name of the manufacturer must be stamped or engraved on such highly lethal knives; the production process must be managed properly, ensuring fire safety and environmental safety; highly lethal knives must be tightly wrapped, packaged or boxed;

b) Upon sale or introduction of highly lethal knives at a fixed location, they must be stored in a cabinet, tray or shelf; in the case of selling high-damage knives without a fixed location, they must be tightly wrapped or packaged or  measures should be in place to store and preserve them closely and safely;

c) The export and import of highly lethal knives must comply with regulations of commercial law; highly lethal knives must have a clear origin or have the trademark, symbol or name of the manufacturer;

d) When transporting highly lethal knives for business, export or import, they must be packaged, boxed and securely tied to ensure they do not fall, get lost or misplaced during transport;

dd) In the process of producing, trading, exporting, importing or transporting highly lethal knives, if they are lost or misplaced, the organization, enterprise or individual must notify the nearest police authority.

2. When an individual transports or carries a highly lethal knife for use in their work, production or daily life, he/she must wrap, store and manage it in a safe manner; when carrying it in public places, he/she must wrap or store and preserve it securely; when using it, he/she must take measures to manage and preserve it strictly without letting other persons to use it for illegal purposes.

3. Any organization, enterprise or individual that produces, trades in, exports, imports or transports highly lethal knives must strictly comply with the regulations set out in clauses 1 and 2 of this Article.

Article 8. Inspecting management and use of weapons, military explosive materials and support instruments by entities under management of the Ministry of Public Security and Ministry of National Defense

1. The competent authority decided by the Minister of Public Security shall inspect the compliance with regulations of law on management and use of weapons, military explosive materials and support instruments by entities under management of the Ministry of Public Security once a year or on a surprise basis.

The surprise inspection is conducted only when it is discovered that an authority, organization or enterprise licensed to produce, trade in, export, import, equip or use weapons, military explosive materials and support instruments violates is suspected of violating laws or there is a complaint or denunciation or security and order assurance is required.

2. The inspecting authority shall formulate an inspection plan, decide to establish an inspection delegation and notify the authority, organization or enterprise prior to the inspection at least 03 working days in advance. In the case of surprise inspection, it is required to notify the authority, organization or enterprise prior to the inspection.

3. The inspected authority, organization or enterprise must prepare a report on management and use of weapons, military explosive materials and support instruments; prepare adequate documents and provide them to a competent authority for inspection; assign competent and responsible persons to work with the competent authority to facilitate the inspection; take measures to remedy the shortcomings and limitations recorded in the inspection record or penalty imposition record (if any).

4. The inspection must comply with regulations and not affect the normal operation of the authority, organization or enterprise; at the end of the inspection, an inspection record must be made. The record shall be made into 02 copies, 01 is given to the authority, organization or enterprise, the other is kept at the inspecting authority.

5. The competent authority of the Ministry of National Defense shall inspect the management and use of weapons, military explosive materials and support instruments by entities under management of the Ministry of National Defense.

Chapter II

TRADING, EXPORT AND IMPORT OF WEAPONS

Article 9. Conditions for trading, export and import of weapons

1. Any organization or enterprise affiliated to the Ministry of Public Security or Ministry of National Defense which trades in weapons must be assigned the task of weapon trading by the Minister of National Defense or Minister of Public Security; in case the organization or enterprise trades in military weapons, it shall obtain the certificate of satisfaction of security and order conditions.

2. Any person managing weapons or directly related to trading of weapons must be trained in weapon management and fire safety; warehouses, storage places, vehicles, equipment and tools in service of the trading shall be suitable to ensure fire safety, incident response and environmental safety during management, preservation and transport of weapons.

3. The organization or enterprise which exports or imports weapons must be the one licensed to trade in weapons and assigned the task of weapon export or import by the Minister of National Defense or Minister of Public Security.

Article 10. Procedures for issuance of weapon import/export licenses

1. An application for issuance of weapon import/export license consists of:

a) An application form, clearly stating name and address of the organization or enterprise having the need for export or import; number of the establishment decision or number of the enterprise registration certificate; reasons; quantity, type, trademark and manufacturing country of the weapon; full names, personal ID number or passport number of the legal representative and contacting person;

b) A copy of the document about assignment of task of weapon import/export given by the Minister of National Defense or Minister of Public Security. 

2. For the organization or enterprise under management of the Ministry of Public Security, the application mentioned in clause 1 of this Article shall be made into 01 set and submitted to the Police Department for Administrative Management of Social Order (Ministry of Public Security). Within 03 working days from the date on which the application is received, the Police Department for Administrative Management of Social Order shall inspect it and issue the weapon import/export license. In case of rejection, it is required to provide a written explanation.

3. For the organization or enterprise under management of the Ministry of National Defense, the application mentioned in clause 1 of this Article shall be made into 01 set and submitted to the competent authority affiliated to the Ministry of National Defense. Within 03 working days from the date on which the application is received, competent authority affiliated to the Ministry of National Defense shall inspect it and issue the weapon import/export license. In case of rejection, it is required to provide a written explanation.

4. The weapon import/export license shall be valid for 90 days.

Article 11. Responsibilities of organizations and enterprises licensed to trade in, export and import weapons

1. Only trade in, export and import weapons according to the license issued by the competent authority; weapons must satisfy standards and technical regulations, and regulations on type, trademarks, numbers, symbols, manufacturing country and year of manufacture.

2. Regularly maintain fulfillment of conditions for security, order, fire safety, incident prevention and response, environmental safety and safety assurance during trading, export and import of weapons.

Chapter III

TRAINING IN AND ISSUANCE OF CERTIFICATES OF USE OF WEAPONS, MILITARY EXPLOSIVE MATERIALS AND SUPPORT INSTRUMENTS; TRAINING IN AND ISSUANCE OF CERTIFICATES OF MANAGEMENT OF WAREHOUSES AND PLACES FOR STORAGE OF WEAPONS, MILITARY EXPLOSIVE MATERIALS AND SUPPORT INSTRUMENTS

Article 12. Entities entitled to be trained in and issued with certificates of use of weapons, military explosive materials and support instruments; trained in and issued with certificates of management of warehouses and places for storage of weapons, military explosive materials and support instruments

1. Persons assigned to use weapons, military explosive materials and support instruments of authorities, organizations and enterprises under management of the ministry of public security must be trained in and issued with certificates of use of weapons, military explosive materials and support instruments. Any coach or athlete that uses sporting weapons for sports training and competition shall be exempt from training in skills in use.

2. Persons assigned to manage warehouses and places for storage of weapons, military explosive materials and support instruments must be trained in and issued with certificates of management of warehouses and places for storage of weapons, military explosive materials and support instruments.

Article 13. Contents, time, place and funding for provision of training in management and use of weapons, military explosive materials and support instruments

1. The provision of training in management and use of weapons, military explosive materials and support instruments shall be appropriate to registered training contents about entities, and types of weapons, military explosive materials and support instruments.

2. Training contents

a) Regulations of law on management and use of weapons, military explosive materials and support instruments;

b) Structure, functions and effects of each weapon, military explosive material or support instrument;

c) Management, preservation, maintenance and disassembling of weapons, military explosive materials and support instruments; management of warehouses and places for storage of weapons, military explosive materials and support instruments;

d) Skills in use of weapons, military explosive materials and support instruments;

3. The time limit for training in management and use of military weapons and military explosive materials is 10 working days; the time limits for training in management and use of sporting weapons and support instruments and in management of warehouses and places for storage of weapons, military explosive materials and support instruments are 05 working days.

4. The place of training shall have facilities, equipment and instruments appropriate to the training; satisfy regulations on security, order, fire safety and environmental safety. In the case of live-fire exercise, it is required to carry it out in the firing range as prescribed by law.        

5. The funding for training shall be covered by the authority, organization or enterprise that requests training.

Article 14. Standards to be satisfied by trainers in management and use of weapons, military explosive materials and support instruments

A trainer in management and use of weapons, military explosive materials and support instruments shall:

1. Obtain at least a bachelor’s degree issued by training institutions of the Ministry of Public Security or Ministry of National Defense or a diploma in military weapons.

2. Have skills, technical expertise and 02 years’ working experience in training in management and use of weapons, military explosive materials and support instruments.

Article 15. Power to provide training in and issue certificates of use of weapons, military explosive materials and support instruments; provide training in and issue certificates of management of warehouses and places for storage of weapons, military explosive materials and support instruments to entities under management of the Ministry of Public Security

1. Power to provide training in management and use of weapons, military explosive materials and support instruments

a) Police Department for Administrative Management of Social Order under the Ministry of Public Security;

b) Police Offices for Administrative Management of Social Order under Police authorities of provinces and central-affiliated cities;  

c) Department of Equipment and Logistics under the Ministry of Public Security;

d) People’s Public Security academies and schools, People's Public Security Training Center.

2. Power to issue and re-issue certificates of use of weapons, military explosive materials and support instruments; certificates of management of warehouses and places for storage of weapons, military explosive materials and support instruments

a) The Police Department for Administrative Management of Social Order under the Ministry of Public Security has the power to issue and re-issue certificates of use of weapons, military explosive materials and support instruments; certificates of management of warehouses and places for storage of weapons, military explosive materials and support instruments to individuals of authorities, organizations and enterprises licensed to produce, trade in, export, import, equip and use weapons, military explosive materials and support instruments nationwide;

b) Police Offices for Administrative Management of Social Order under Police authorities of provinces and central-affiliated cities have the power to issue and re-issue certificates of use of weapons, military explosive materials and support instruments; certificates of management of warehouses and places for storage of weapons, military explosive materials and support instruments to individuals of authorities, organizations and enterprises licensed to produce, trade in, export, import, equip and use weapons, military explosive materials and support instruments whose head offices are located in the provinces and cities.

Article 16. Procedures for training in management and use of weapons, military explosive materials and support instruments

1. An application for training in management and use of weapons, military explosive materials and support instruments submitted by an authority, organization or enterprise includes:

a) An application form, clearly stating the demands and number of persons participating in training course; time and location of training;

c) List of trainees, specifying their full names, date of birth, personal ID number and position; 03 03x04 color photos (in uniform, taken no more than 06 months before the date of receiving the application).

2. The application specified in clause 1 of this Article shall be submitted on the national public service portal or information system for handling administrative procedures of the Ministry of Public Security or by post to the competent authority specified in clause 1 Article 15 of this Decree. If submitted in person, the application form shall also include full name, position and personal ID number or passport number of the contacting person.

3. Within 03 working days from the date on which a sufficient application is received, the competent authority specified in clause 2 of this Article shall inspect it, formulate a training plan and decide to open a training course; assign trainers which satisfy the standards set out under Article 14 of this Decree. In the cases where the authorities specified in points c and d clause 1 Article 15 of this Decree provide training, after issuing the decision on opening of training course, such authorities shall send a written notice enclosed with the decision on opening of training course to the competent authority specified in clause 2 Article 15 of this Decree to organize a test and issue the certificate of use or management of weapons, military explosive materials and support instruments.

Article 17. Organizing tests to issue certificates of use of weapons, military explosive materials and support instruments; certificates of management of warehouses and places for storage of weapons, military explosive materials and support instruments

1. After a training course is completed, the competent authority specified in clause 2 Article 15 of this Decree shall establish a testing council to examine and assess the results of training and issue certificates of use of weapons, military explosive materials and support instruments; certificates of management of warehouses and places for storage of weapons, military explosive materials and support instruments.

2. In the cases where the authorities specified in points c and d clause 1 Article 15 of this Decree provide training, after the training course is completed, such authorities shall submit an application form; a list of trainees, specifying their full names, date of birth, personal ID number and position; 03 03x04 color photos (in uniform, taken no more than 06 months before the date of receiving the application) to the competent authority specified in clause 2 Article 15 of this Decree to organize a test. Within 03 working days from the date on which a sufficient application is received, the competent authority specified in clause 2 Article 15 of this Decree shall establish a testing council to examine and assess the results of training and issue certificates of use of weapons, military explosive materials and support instruments; certificates of management of warehouses and places for storage of weapons, military explosive materials and support instruments.

3. Establish a testing council:

a) The Director General of the Police Department for Administrative Management of Social Order under the Ministry of Public Security shall issue a decision on establishment of a testing council including a president who is the leader of the Police Department for Administrative Management of Social Order; representative of the division in charge of providing guidelines for management of weapons, explosive materials, support instruments and artilleries; representatives of the applicants for training; members who are representatives of the training institution (if any);

b) Head of the Police Office for Administrative Management of Social Order under the Police authority of a province or central-affiliated city shall issue a decision on establishment of a testing council including a president who is the leader of the Police Office for Administrative Management of Social Order; representative of the team registering and managing weapons, explosive materials, support instruments, business lines subject to security and order conditions; representatives of the applicants for training; members who are representatives of the training institution (if any).

4. Contents of the test

a) Theory test

An individual trained in management and use of weapons, military explosive materials and support instruments must take a 40 minute multiple-choice test which includes 30 questions about regulations of law on management and use of weapons, military explosive materials and support instruments. The maximum score is 30;

b) Practice test

An individual trained in management and use of weapons, military explosive materials and support instruments must demonstrate his/her skills in disassembling, maintenance and use.  The time of test depends on actual situation and the testing council shall directly assess the test results;

c) Any person trained in use of gunfires and sporting guns must take a live-fire test; he/she must fire 03 live bullets at the shooting range as prescribed. Scores must be given.

5. Assess the test results

A trainee passes the test if he/she gets a score of at least 25 for the theory test; passes the practice test; gets a score of at least 15 after firing 03 live rounds (if any).

Article 18. Issuance of certificates of use of weapons, military explosive materials and support instruments; certificates of management of warehouses and places for storage of weapons, military explosive materials and support instruments

1. A certificate of use of weapons, military explosive materials and support instruments; certificate of management of warehouse or place for storage of weapons, military explosive materials and support instruments shall be issued as follows:

a) Within 05 working days from the end of the test, the competent authority specified in clause 2 Article 15 of this Decree shall issue the certificate of use of weapons, military explosive materials and support instruments; certificate of management of warehouse or place for storage of weapons, military explosive materials and support instruments to the individuals that have passed the test. For the ones that fail the test, it is required to send a notice of test result to the applicant for training;

b) The certificate of use of weapons, military explosive materials and support instruments and certificate of management of warehouse or place for storage of weapons, military explosive materials and support instruments shall be valid for 05 years.

2. Where the certificate of use of weapons, military explosive materials and support instruments; certificate of management of warehouse or place for storage of weapons, military explosive materials and support instruments is expired, the procedures for issuance of the certificate of use of weapons, military explosive materials and support instruments; the certificate of management of warehouse or place for storage of weapons, military explosive materials and support instruments specified in Articles 16, 17, 18 of this Article shall be followed.

3. A certificate of use of weapons, military explosive materials and support instruments; certificate of management of warehouse or place for storage of weapons, military explosive materials and support instruments shall be re-issued in the case of damage or loss as follows:

a) An authority, organization or enterprise must submit an application form, explicitly specifying the reasons; full name, date of birth, personal ID number and position of the applicant for re-issuance of the certificate, enclosed with 02 03x04 color photos (in uniform, taken no more than 06 months before the date of receiving the application);

b) The application form specified in point a of this clause shall be submitted on the national public service portal or information system for handling administrative procedures of the Ministry of Public Security or by post to the authority that issued the certificate. If submitted in person, the application form shall also include full name, position and personal ID number or passport number of the contacting person;

c) Within 03 working days from the date of receiving a sufficient application, the issuing authority shall conduct an examination, consider and re-issue the certificate of use of weapons, military explosive materials and support instruments; certificate of management of warehouse or place for storage of weapons, military explosive materials and support instruments; in case of rejecting the application, a written explanation shall be provided. The expiry of the re-issued certificate is the same as that of the old certificate.

Chapter IV

RESPONSIBILITY FOR STATE MANAGEMENT OF WEAPONS, MILITARY EXPLOSIVE MATERIALS AND SUPPORT INSTRUMENTS

Article 19. Responsibilities of the Ministry of Public Security

1. Assist the Government in performing uniform management of weapons, military explosive materials and support instruments in the field of national security assurance, social order and safety assurance, prevention of and fight against crimes.

2. Exercise its functions of state management of weapons, military explosive materials and support instruments in accordance with regulations of the Law on Management and Use of Weapons, Explosive Materials and Support Instruments and other relevant regulations of law, including:

a) Disseminating legislative documents on management and use of weapons, military explosive materials and support instruments; encouraging recall of weapons, military explosive materials and support instruments;

Disseminating and instructing organizations, enterprises and individuals to take measures to ensure safety during production, trading, export, import, transport and use of highly lethal knives;

b) Promulgating technical standards applicable to warehouses of weapons, military explosive materials and support instruments within its power;

c) Promulgating forms which serve the registration, management and use of weapons, military explosive materials and support instruments under its management;

d) Organizing registration, issuance, re-issuance and revocation of the licenses for and certificates of management and use of weapons, military explosive materials and support instruments within its power;

dd) Prevent and fight against crimes and violations of the law on weapons, military explosive materials and support instruments;

e) Prescribing the equipment, management and use of weapons, military explosive materials and support instruments used by People’s Public Security Force; cooperating with relevant ministries and central authorities in prescribing the equipment, management, use, repair, transport, classification, liquidation, deactivation and destruction of weapons, military explosive materials and support instruments used by other entities under the management of the Ministry of Public Security;

g) Organizing recall, classification, preservation, conversion, liquidation and destruction of weapons and support instruments surrendered by authorities, organizations and enterprises under the management of the Ministry of Public Security;

h) Designing training contents and programs; providing training and refresher training in management and use of weapons, military explosive materials and support instruments and issuing certificates of use/management of weapons, military explosive materials and support instruments to the entities under the management of the Ministry of Public Security;

i) Inspecting management and use of weapons, military explosive materials and support instruments by the entities under the management of the Ministry of Public Security;

k) Organizing research into and application of science and technology to and enlisting international cooperation in management and use of weapons, military explosive materials and support instruments used by People’s Public Security Force;

l) Consolidating results of management and use of weapons, military explosive materials and support instruments within its power;

m) Carrying out examination and inspection and settling complaints and denunciations; giving rewards and imposing penalties for violations of the law on management and use of weapons, military explosive materials and support instruments.

Article 20. Responsibilities of the Ministry of National Defense

1. Assist the Government in performing uniform management of weapons, military explosive materials and support instruments in the field of military affairs, national defense, national security assurance, social order and safety assurance within border areas, border checkpoints, airspace and territorial waters, and on islands as prescribed by law.

2. Exercise its functions of state management of weapons, military explosive materials and support instruments in accordance with regulations of the Law on Management and Use of Weapons, Explosive Materials and Support Instruments and other relevant regulations of law, including:

a) Performing state management of weapons, military explosive materials and support instruments under its management; disseminating legislative documents on management and use of weapons, military explosive materials and support instruments; encouraging recall of weapons, military explosive materials and support instruments;

b) Prescribing the equipment, management and use of weapons, military explosive materials and support instruments used by the People’s Army, militia and self-defense forces, Coast Guard and cipher forces under the management of the Ministry of National Defense;

c) Providing training and refresher training in management and use of weapons, military explosive materials and support instruments, issuing, re-issuing and revoking certificates of use/management of weapons, military explosive materials and support instruments to the entities under the management of the Ministry of National Defense;

d) Receiving, handling and destroying weapons and military explosive materials recalled by police authorities from authorities, organizations and individuals or weapons, military explosive materials and support instruments surrendered by organizations and individuals;

dd) Promulgating technical standards applicable to warehouses of weapons, military explosive materials and support instruments within its power;

e) Cooperating with the Ministry of Public Security in repair, conversion, liquidation and destruction of weapons, military explosive materials and support instruments not under management of the Ministry of National Defense;

g) Organizing research into and application of science and technology to and enlisting international cooperation in management and use of weapons, military explosive materials and support instruments under its management.

Article 21. Responsibilities of relevant ministries and central authorities

1. The Ministry of Science and Technology shall cooperate with the Ministry of National Defense and Ministry of Public Security in exercising functions of state management of military explosive materials in scientific and technological research; cooperate in appraising and promulgating standards applicable to warehouses of weapons, military explosive materials and support instruments.

2. The Ministry of Information and Communications shall direct communications authorities to cooperate with other Ministries and central authorities in disseminating regulations of law on management and use of weapons, military explosive materials and support instruments; encourage the people to surrender weapons, military explosive materials and support instruments.

3. The Ministry of Education and Training shall cooperate with the Ministry of National Defense, Ministry of Public Security and other relevant ministries and central authorities in disseminating regulations of law on management and use of weapons, military explosive materials and support instruments through national defense and security education programs.

4. Ministries and central authorities entitled to be equipped with and use weapons and support instruments shall cooperate with the Ministry of Public Security in the equipment, management, preservation, use, repair, transport, classification, liquidation and destruction of weapons and support instruments, and shall, within their jurisdiction, implement the Law on Management and Use of Weapons, Explosive Materials and Support Instruments; provide data to serve the production of state statistics; organize the dissemination of the law on management and use of weapons, military explosive materials and support instruments, and perform other tasks of state management of weapons, military explosive materials and support instruments.  

Article 22. Responsibilities of People’s Committees at all levels

1. Organize dissemination and education of the law on management and use of weapons, military explosive materials and support instruments.

2. Organize the implementation of regulations of the law on management and use of weapons, military explosive materials and support instruments.

3. Carry out examination and inspection, settle complaints, feedback or denunciations; give rewards and impose penalties for violations of regulations on management and use of weapons, military explosive materials and support instruments.

Chapter V

IMPLEMENTATION CLAUSE

Article 23. Effect

1. This Decree comes into force from January 01, 2025, except for the case specified in clause 2 of this Article.

2. The regulations set out under Articles 9, 10 and 11 of this Decree come into force from July 01, 2025; the regulations set out under Article 7 of this Decree come into force from January 01, 2026.

3. The Government’s Decree No. 79/2018/ND-CP dated May 16, 2018 on elaboration of some Articles and measures for implementation of the Law on Management and Use of Weapons, Explosive Materials and Support Instruments shall cease to have effect from the effective date of this Decree, except for the regulations of Articles 7 through 11 which come into force until June 30, 2025.

Article 24. Responsibility for implementation

Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities, and relevant authorities, organizations, enterprises and individuals are responsible for the implementation of this Decree.

 

FOR THE GOVERNMENT THE PRIME MINISTER Pham Minh Chinh