Decree No. 79/2018/ND-CP dated May 16, 2018 on guidelines for implementation of the law on management and use of weapons, explosives and combat gears

DECREE

GUIDELINES FOR IMPLEMENTATION OF THE LAW ON MANAGEMENT AND USE OF WEAPONS, EXPLOSIVES AND COMBAT GEARS

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Management and Use of Weapons, Explosives and Combat Gears dated June 20, 2017;

At the request of the Minister of Public Security;

The Government hereby promulgates a Decree to provide guidelines for implementation of the Law on Management and Use of Weapons, Explosives and Combat Gears.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree provides for management and maintenance of weapons, military explosives and combat gears; research into, manufacture, trading, import, export and repair of weapons; provision of training in, issuance, replacement and issuance of the certificate of use/management of weapons, explosives and combat gears; power of and procedures for neutralization and confirmation of condition of weapons and combat gears used for exhibitions, displays or used as props in cultural and artistic activities; recall of weapons, military explosives and combat gears and revocation of licenses for and certificates of management and use of weapons, military explosives and combat gears; inspection of management and use of weapons, military explosives and combat gears; responsibility for state management of weapons, military explosives and combat gears;

Article 2. Regulated entities

This Decree applies to organizations, enterprises and individuals related to management and use of weapons, military explosives and combat gears.

Article 3. Definitions

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

1. “weapon/combat gear neutralization” means an organization or enterprise that has technical expertise in weapons/combat gears adopting measures for neutralizing a weapon/combat gear in accordance with the manufacturer’s technical standards and regulations.

2. “provision of training in management and use of weapons, military explosives and combat gears” means a competent authority disseminating regulations of law and providing guidelines for maintenance, transport, structure, functions, effects and skills in use of each weapon, military explosive and combat gear.

3. “weapons, military explosives and combat gears warehouse” (hereinafter referred to as “the warehouse”) means a building that is built in a location approved by a competent authority in accordance with technical standards and regulations to store and maintain weapons, military explosives and combat gears.

4. “place for storing weapons and combat gears” (hereinafter referred to as “the storage place”) means a place provided by an organization or enterprise to store and maintain weapons and combat gears to ensure security and fire safety.

5. “classification of weapons, military explosives and combat gears” means the assessment and classification of quality, use value and danger and sorting of each weapon, military explosive and combat gear.

Article 4. Management and maintenance of weapons, military explosives and combat gears

1. The management and maintenance of weapons, military explosives and combat gears shall comply with Article 9 of the Law on Management and Use of Weapons, Explosives and Combat Gears and the following regulations:

a) When equipped with weapons, military explosives and combat gears, the organization/enterprise shall manage and maintain them in warehouses or storage places and apply for issuance of the use license and registration certificate in accordance with regulations, and shall only use them after obtaining the use license or registration certificate;

b) The warehouses or storage places shall be located in a manner that ensures security and fire safety. Protection measures shall be designed and there must be regulations that are approved by the head of the organization/enterprise equipped with weapons, military explosives and combat gears.

The warehouses that are and are not under the management of the Ministry of National Defense shall be designed and constructed in accordance with national standards decided by the Minister of National Defense and the Minister of Public Security respectively.

c) Weapons, military explosives and combat gears in warehouses and storage places shall be neatly arranged and sorted by their type and trademark. If stored in the same warehouse or storage place, weapons, combat gears and bullets used for weapons and combat gears shall be separated from each other. Military explosives and weapons, combat gears and bullets shall be stored in a separate warehouse or storage place.

2. Regulations on management and maintenance of weapons, military explosives and combat gears

a) When equipped with weapons, military explosives and combat gears, the organization/enterprise shall prepare a record. The use of weapons, military explosives and combat gears shall be permitted by the head of the organization/enterprise and recorded. After use, it is required to transfer them to the person assigned to manage the warehouse or storage place and sign the record.

b) The organization/enterprise shall formulate an annual plan for inspection, quality assessment and classification of the equipped and used weapons, military explosives and combat gears. It is required to inform the equipping authority and the authority that issues the use license and registration certificate (hereinafter referred to as “the issuing authority”) about the weapons, military explosives and combat gears that are no longer usable or expired to register recall, liquidation or destruction thereof;

c) The organization/enterprise shall submit biannual and annual reports on management and use of weapons, military explosives and combat gears to the issuing authority.

d) In case any of the weapon, military explosive or combat gear is lost or the warehouse or storage place is involved in any incident, it is required to immediately inform the issuing authority.

dd) The person assigned to manage the warehouse or storage place shall record the provision, receipt, recall, transfer, damage to, loss or repair of weapons, military explosives and combat gears; regularly test, maintain and take measures for preventing rust, termites, dampness, mold, loss, fire, explosion and other dangers to weapons, military explosives and combat gears; clean both the inside and outside of the warehouse or storage place.

Article 5. Power of and procedures for neutralization and confirmation of condition of weapons and combat gears used for exhibitions, displays or used as props in cultural and artistic activities

1. In the case of usable weapons and combat gears

a) An organization/enterprise that wishes to neutralize any weapon/combat gear shall prepare an application that includes: an application form specifying reasons, quantity, type, trademark, number, symbol and origin of the weapon/combat gear, date, name and address of the applicant. The person who is sent to submit the application by the organization/enterprise shall present a letter of introduction and one of the following documents: Citizen Identification Card, Identity Card, passport, People’s Public Security identity card or People’s Army identity card that remains valid;

b) The organization/enterprise affiliated to central government ministries, local organization/enterprise and entity under the management of the Ministry of National Defense shall submit 01 set of application to the Police Department of Administrative Management of Social Order (Ministry of Public Security), the Police Division of Administrative Management of Social Order of the province or central-affiliated city (hereinafter referred to as “the province”) and the competent authority designated by the Minister of National Defense respectively;

c) Within 05 working days from the date on which the satisfactory application is received, the competent authorities specified in Point b of this Clause shall send a written response to the applicant and the organization/enterprise in charge of weapon and combat gear neutralization (hereinafter referred to as “the neutralizing organization/enterprise”), specifying quantity, type, trademark, number and origin of each weapon/combat gear, date, name and address of the neutralizing organization/enterprise. In case of rejection, it is required to provide explanation. The time limit for neutralization is 30 days from the date on which the neutralizing organization/enterprise receives the written response of the competent authority and on which the applicant sends the weapon/combat;

d) After the weapon/combat gear is neutralized, the neutralizing organization/enterprise shall send a written notice to the competent authorities prescribed in Point b of this Clause. Within 05 working days from the date on which the notice is received, the competent authorities prescribed in Point b of this Clause shall carry out inspection and make a record of the condition of the neutralized weapon/combat gear and issue the use license as prescribed.

2. In the case of neutralized weapons and combat gears

a) The organization/enterprise that is managing the neutralized weapon/combat gear wish to use it for exhibitions, displays or used as props in cultural and artistic activities shall prepare and submit an application for confirmation of condition of the neutralized weapon/combat gear to the competent authorities specified in Point b Clause 1 of this Article. The application includes: an application form specifying reasons, quantity, type, trademark, number, symbol and origin of the weapon/combat gear. The person who is sent to submit the application by the organization/enterprise shall present a letter of introduction and one of the following documents: Citizen Identification Card, Identity Card, passport, People’s Public Security identity card or People’s Army identity card that remains valid;

b) Within 05 working days from the date on which the satisfactory application is received, the competent authorities prescribed in Point b Clause 1 of this Article shall carry out inspection and make a record of the condition of the neutralized weapon/combat gear and issue the use license as prescribed.

Article 6. Recall of weapons, military explosives and combat gears and revocation of licenses for and certificates of management and use of weapons, military explosives and combat gears

1. If the weapon, military explosive or combat gear has to be recalled and use license/registration certificate has to be revoked in the cases where such weapon, military explosive or combat gear is redundant, expired or no longer usable or the organization/enterprise is not allowed to use any weapon, military explosive or combat gear as prescribed by the Law on Management and Use of Weapons, Explosives and Combat Gears, the organization/enterprise shall prepare and submit an application for revocation as prescribed in Clause 1 Article 11 of the Law on Management and Use of Weapons, Explosives and Combat Gears to the equipping authority and issuing authority. After receiving the application, the competent authority shall comply with the following regulations:

a) A written notice of date and place of revocation shall be sent and the license for transport of the weapon, military explosive or combat gear to the place of revocation shall be issued;

b) The organization/enterprise shall transport the weapon, military explosive or combat gear and bring the use license/registration certificate (if any) to the place of revocation on the date specified in the notice;

c) The authority that has the power to recall/revoke shall carry out inspection and make a record specifying quantity, type, number, symbol, trademark, manufacturing country, origin and condition of the weapon, military explosive or combat gear and number of licenses. The record shall be made into 02 copies. 01 copy shall be sent to the organization/enterprise and 01 shall be kept by the authority that has the power to recall/revoke.

2. If the weapon, military explosive or combat gear has to be recalled and use license/registration certificate has to be revoked in the cases where the organization/enterprise is dissolved, converted, fully/partially divided, consolidated or merged, before dissolution, conversion, full/partial division, consolidation or merger, such organization/enterprise shall prepare and submit an application for revocation as prescribed in Clause 1 Article 11 of the Law on Management and Use of Weapons, Explosives and Combat Gears to the equipping authority and issuing authority. After receiving the application, the competent authority shall recall/revoke as prescribed in Clause 1 of this Article.

In the cases where the organization/enterprise that is dissolved, converted, fully/partially divided, consolidated or merged does not apply for revocation, the competent authority shall notify it in writing. In case the organization/enterprise fails to return the weapon, military explosive or combat gear, the competent authority shall carry out inspection and make a record of recall/revocation of the weapon, military explosive or combat gear and use license/registration certification as prescribed in Clause 1 of this Article.

3. If the use license/registration certificate has to be revoked in the cases where the weapon/combat gear is lost or the use license/registration certificate is issued ultra vires, the organization/enterprise shall prepare and submit an application for revocation as prescribed in Clause 1 Article 11 of the Law on Management and Use of Weapons, Explosives and Combat Gears to the equipping authority and issuing authority. After receiving the application, the competent authority shall comply with the following regulations:

a) A written notice of date and place of revocation shall be sent to the organization/enterprise;

b) The organization/enterprise shall bring the use license/registration certificate to the place of revocation on the date specified in the notice;

c) The competent authority that has the power to revoke shall carry out inspection and make a record specifying number and type of the licenses/registration certificates. The record shall be made into 02 copies. 01 copy shall be sent to the organization/enterprise and 01 shall be kept by the authority that has the power to revoke.

4. If the certificate of management and use of the weapon, military explosive or combat gear is revoked in the cases where the certificate has been issued to an individual who moves on to a new job, retires, leaves his/her job or is no longer eligible as prescribed, the organization/enterprise shall revoke the certificate and return it to the competent authority issuing it. The procedures for revocation are prescribed in Clause 3 of this Article.

5. In the cases where the organization/enterprise fails to return weapons, military explosives, combat gears, licenses and certificates as prescribed in Clauses 1, 2, 3 and 4 of this Article, the competent authority that has the power to recall/revoke shall carry out inspection, make records, recall weapons, military explosives or combat gears and revoke licenses and certificates and handle them as prescribed by law.

6. After the competent authority recalls weapons, military explosives and combat gears, it is required to classify and maintain them, and apply for liquidation and destruction as prescribed. Regarding the licenses for and certificates of management and use of weapons, military explosives and combat gears, the issuing authority shall issue the decision on destruction of weapons, military explosives and combat gears and destroy them as prescribed.

Chapter II

RESEARCH INTO, MANUFACTURE, TRADING, IMPORT, EXPORT AND REPAIR OF WEAPONS

Article 7. Conditions for research into, manufacture, trading, import, export and repair of weapons to be satisfied by the organization/enterprise affiliated to the Ministry of National Defense and Ministry of Public Security

1. The organization/enterprise is assigned the plan for or tasks of researching, manufacturing, trading, importing, exporting and repairing weapons by the Ministry of National Defense and Ministry of Public Security

2. Conditions for security, order, fire prevention and fighting, incident response and prevention and environmental protection shall be satisfied. To be specific:

a) Regulations on entry and exit and security and order assurance plans should be made. Equipment, items and commodities transported into and out of the organization/enterprise should be kept under control. Security forces should be set up.

b) Regulations, sufficient equipment, forces in charge of inspecting fire safety and internal fire fighting plans should be in place. It is required to carry out fire drills and adopt fire safety measures as prescribed.

c) Measures for reducing, collecting and treating materials and wastes, and tackling environmental pollution on site shall be adopted. It is prohibited to leak or spread toxic to the environment. Provision of sources and equipment for prevention and response to environmental emergencies shall be ensured.

3. The place for manufacture and repair of weapons shall be conformable to conditions for security, order, fire prevention and fighting and environmental protection. It is required to set a safe distance from residential areas, cultural, social and historic constructions, security areas and prohibited areas.

4. There must be equipment and instrument suitable for testing and monitoring specifications and serving quality inspection during manufacture and repair of weapons, and a separate testing place (except for research into and manufacture of cold weapons). Finished product warehouse shall comply with technical regulations and standards.

5. Types of weapons shall ensure quality and comply with technical standards and regulations. Each military weapon and each sporting weapon shall have its own trademark, number, symbol, manufacturing country and year of manufacture.

6. The manager of an organization/enterprise shall be provided with training in management and use of weapons, fire safety and incident prevention and response during manufacture and repair of weapon.

7. Employees directly involved in manufacture and repair of weapons shall provide with training in fire safety and incident prevention and response, occupational safety and hygiene assurance during manufacture and repair of weapon.

Article 8. Conditions for trading in weapons to be satisfied by the organization/enterprise affiliated to the Ministry of National Defense and Ministry of Public Security

1. The organization/enterprise is assigned the plan for or task of weapon trading by the Minister of National Defense or Minister of Public Security.

2. The conditions specified in Clause 2 Article 7 of this Decree are satisfied.

3. Warehouses, storage places and equipment in service of weapon trading shall fulfill conditions for security, order, fire prevention and fighting, incident response and prevention and environmental protection in accordance with regulations.

4. The manager of an organization/enterprise shall be provided with training in management and use of weapons, fire safety and incident prevention and response during trading process.

Article 9. Conditions for import and export of weapons to be satisfied by the organization/enterprise affiliated to the Ministry of National Defense and Ministry of Public Security

1. An organization/enterprise affiliated to the Ministry of National Defense and Ministry of Public Security is entitled to import and export weapons if it:

a) is assigned the plan for or task of weapon import/export by the Minister of National Defense or Minister of Public Security; and

b) satisfies the conditions specified in Clauses 2, 3 and 4 Article 8 of this Decree are satisfied during its weapon import/export.

2. Procedures for issuance of the weapon import/export license

a) If the organization/enterprise affiliated to the Ministry of National Defense and Ministry of Public Security wishes to import/export weapons, it is required to prepare an application including an application form specifying reasons, a copy of the establishment decision or a copy of the enterprise registration certificate; a copy of the document about assignment of plan or task of weapon import/export given by the Minister of National Defense or Minister of Public Security. The person who is sent to submit the application by the organization/enterprise shall present a letter of introduction and one of the following documents: Citizen Identification Card, Identity Card, passport, People’s Public Security identity card or People’s Army identity card that remains valid;

b) The application specified in Point a of this Clause shall be made into 01 set and submitted to the Police Department of Administrative Management of Social Order (Ministry of Public Security). The organization/enterprise affiliated to the Ministry of National Defense shall submit it to the competent authority designated by the Minister of National Defense;

c) Within 05 working days from the date on which the satisfactory application is received, the competent authorities specified in Point b of this Clause shall issue the weapon import/export license. In case of rejection, it is required to provide written explanation;

d) The weapon import/export license is valid for 90 days.

In case the license is expired, the organization/enterprise shall submit a written request for extension, specifying reasons thereof to the competent authorities specified in Point b of this Clause for consideration.

Article 10. Other organizations and enterprises entitled to research, manufacture and repair weapons

1. Other organizations/enterprises are entitled to research, manufacture and repair weapons according to the order placed by the Ministry of National Defense and Ministry of Public Security and shall:

a) be a Vietnamese organization/enterprise established as prescribed by law; and

b) satisfy the conditions specified in Clauses 2, 3, 4, 5, 6 and 7 Article 7 of this Decree.

2. The organization/enterprise that wishes to research, manufacture and repair weapons shall submit 01 application to the competent authority designated by the Minister of Public Security (regarding the order placed by the Ministry of Public Security) or the Minister of National Defense (regarding the order placed by the Ministry of National Defense). The application includes: an application form; a copy of the establishment decision or the enterprise registration certificate; documentary evidences for capacity and fulfillment of conditions for research into, manufacture and repair of weapons. The person who is sent to submit the application by the organization/enterprise shall present a letter of introduction and one of the following documents: Citizen Identification Card, Identity Card or passport that remains valid.

3. Within 05 working days from the date on which the application is received, the competent authority specified in Clause 2 of this Article shall consider and send a written response to the organization/enterprise and the organization in charge of inspecting and assessing the fulfillment of conditions for research into, manufacture and repair of weapons.

4. After the inspection and assessment, the competent authority specified in Clause 2 of this Article shall submit a written proposal specifying reasons, conditions, capacity and scope of the organization/enterprise involved in research into, manufacture and repair of weapons to the Minister of National Defense or the Minister of Public Security.

The Minister of National Defense or the Minister of Public Security shall consider and request the Prime Minister to decide to permit the organization/enterprise to research, manufacture and repair weapons. After obtaining the Prime Minister's opinions about granting permission, the competent authority specified in Clause 2 of this Article shall notify the organization/enterprise in writing. In case of rejection, the competent authority specified in Clause 2 of this Article shall provide written explanation.

Article 11. Responsibilities of the organization/enterprise entitled to research, manufacture, trade, import, export and repair weapons

1. Regularly maintain fulfillment of conditions for security, order, fire prevention and fighting, incident prevention and response, environmental protection and occupational safety and hygiene assurance during its research into, manufacture, trading, import, export and repair of weapons.

2. Only trade, import, export and repair the weapons according to the license issued by a competent authority.

3. Manufacture, trade, import and export weapons in accordance with technical standards and regulations, type, trademark, number, symbol, manufacturing country and year of manufacture.

Chapter III

PROVISION OF TRAINING IN AND ISSUANCE, REPLACEMENT AND REISSUANCE OF THE CERTIFICATE OF USE/MANAGEMENT OF WEAPONS, MILITARY EXPLOSIVES AND COMBAT GEARS

Article 12. Entities entitled to be provided with training in, issued, replaced and reissued the certificate of use/management of weapons, military explosives and combat gears

1. Persons assigned to use weapons and combat gears shall be provided with training and issued with the certificate of use of weapons and combat gears.

2. Managers of organizations and enterprises manufacturing, trading, importing, exporting and repairing weapons and persons assigned to manage warehouses and storage places shall be provided with training and issued with the certificate of management of weapons, military explosives and combat gears.

3. For the officers, non-commissioned officers and enlisted members of the People’s Public Security Forces who have been provided with training in management and use of weapons, military explosives and combat gears, it is not required to apply for issuance of the certificate of use/management of weapons, military explosives and combat gears.

4. For the officers and non-commissioned officers of the People’s Army, defense workers and defense public employees who have been provided with training in management and use of weapons, military explosives and combat gears, it is not required to apply for issuance of the certificate of use/management of weapons, military explosives and combat gears. For the officers and members of the militia and self-defense forces, provision of training and issuance of the certificate of use/management of weapons, military explosives and combat gears shall comply with regulations of the law on militia and self-defense forces.

5. Persons assigned to manage/use the neutralized weapons and combat gears used for exhibitions, displays or used as props in cultural and artistic activities do not have to be provided with training in management/use of weapons and combat gears.

6. For the persons recognized as coaches or athletes participating in the sport events where sporting weapons are used, they shall be exempted from joining the training course in use of sporting weapons.

7. The persons assigned to manage light machine guns, anti-tank rifles, grenade launchers, light weapons, heavy weapons or military explosives shall be provided with training by the People’s Army, militia and self-defense forces and People’s Public Security Forces.

Article 13. Requirements, contents, date, place and funding for provision of training in management and use of weapons, military explosives and combat gears

1. The provision of training in management and use of weapons, military explosives and combat gears shall be conformable to registered training contents about types of weapons, military explosives and combat gears.

2. Training contents

a) Regulations of law on management and use of weapons, military explosives and combat gears;

b) Structure, functions and effects of each weapon, military explosive and combat gear;

c) Management and maintenance of weapons, military explosives and combat gears; management of warehouses, storage places, military explosives and combat gears;

d) Training in use of each type of weapon, military explosive and combat gear.

3. The time limit for provision of training in management and use of military weapons, and sporting weapons and cold weapons is 10 days and 05 working days respectively. Time limit for management of warehouses and storage places is 05 working days.

4. The place of training shall have sufficient and appropriate facilities, equipment and instruments and comply with regulations on security, order, fire prevention and fighting and environmental protection. 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 provision of training shall be covered by the organization/enterprise that requests training.

Article 14. Standards to be satisfied by trainers in management and use of weapons, military explosives and combat gears

A trainer in management and use of weapons, military explosives and combat gears shall:

1. obtain at least a bachelor’s degree in People’s Public Security or a Level 4 of VQF Diploma/Intermediate professional education diploma in military weapons.

2. have legal knowledge, technical expertise and 03 years’ experience in provision of training in management and use of weapons, military explosives and combat gears.

Article 15. Power to provide training, issue, replace and reissue the certificate of use/management of weapons, military explosives and combat gears to entities that are not under the management of the Ministry of National Defense

1. Power to provide training in management and use of weapons, military explosives and combat gears

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

b) The Police Divisions of Administrative Management of Social Order of provinces;

c) Agencies responsible for equipment management and fulfillment that are affiliated to the Ministry of Public Security;

d) People’s Public Security schools, People's Public Security training center.

2. Power to issue, replace and reissue the certificate of use/management of weapons, military explosives and combat gears

a) The Police Department of Administrative Management of Social Order of the Ministry of Public Security has the power to issue, replace and reissue the certificate of use/management of weapons, military explosives and combat gears to individuals of organizations/enterprises affiliated to the central government ministries and the enterprises granted the certificate of fulfillment of security and order conditions by the Police Department of Administrative Management of Social Order.

b) The Police Divisions of Administrative Management of Social Order of provinces have the power to issue, replace and reissue the certificate of use/management of weapons, military explosives and combat gears to individuals of local organizations/enterprises.

Article 16. Procedures for provision of training in management and use of weapons, military explosives and combat gears to entities that are not under the management of the Ministry of National Defense

1. An application for training in management and use of weapons, military explosives and combat gears includes:

a) An application form made by the organization/enterprise;

b) A letter of introduction enclosed with a copy of one of the following documents: Citizen Identification Card, Identity Card, passport, People’s Public Security identity card or People’s Army identity card;

c) List of individuals to be trained in management and use of weapons, military explosives and combat gears, specifying their full name, date of birth, position and qualification; 03 03x04 color photos (in uniform, taken within the last 06 months from the date of submission).

2. The application specified in Clause 1 of this Article shall be made into 01 set and submitted to the competent authority specified in Article 15 of this Decree.

3. Within 03 working days from the date on which the satisfactory application is received, the competent authority specified in Clause 2 of this Article shall inspect the application and provide training.

4. The training shall be provided as follows:

a) Formulate a plan and decide to provide a training course;

b) Assign trainers that shall satisfy the standards specified in Article 14 of this Decree;

c) Within 03 working days from the date on which the decision on provision of a training course is issued, the competent authority specified in Clause 2 of this Article shall notify the applicant in writing and provide training;

d) 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 provision of a training course, such authorities shall send a written notice enclosed with the decision on provision of a training course to the competent authority specified in Clause 2 Article 15 of this Decree.

Article 17. Organizing tests to issue the certificate of use/management of weapons, military explosives and combat gears

1. After the training course is completed, the competent authority specified in Clause 2 Article 15 of this Decree shall establish a testing council to serve issuance of the certificate of use/management of weapons, military explosives and combat gears.

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 send a written notice enclosed with a list of trainees and their photos 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 the satisfactory application is received, the competent authority specified in Clause 2 Article 15 of this Decree shall establish a testing council to serve issuance of the certificate of use/management of weapons, military explosives and combat gears.

3. A testing council shall be established as follows:

a) The Director of the Police Department of Administrative Management of Social Order of 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 of Administrative Management of Social Order; representative of the division in charge of providing guidelines for management of weapons, explosives, combat gears and artilleries; representatives of the applicants; members who are representatives of the training organization (if any);

b) Head of the Police Division of Administrative Management of Social Order of the province shall issue a decision on establishment of a testing council including a president who is the leader of the Police Division of Administrative Management of Social Order; representative of the team registering and managing weapons, explosives, combat gears and artilleries, business lines subject to security and order conditions; representatives of the applicants; members who are representatives of the training organization (if any);

4. Contents of the test

a) Theory test

The person provided with training in management and use of weapons, military explosives and combat gears shall take a 40 minute multiple-choice test which includes 30 questions about regulations of law on management and use of weapons, military explosives and combat gears. The maximum score is 30.

b) Practice test

The individuals provided with training in management and use of weapons and combat gears must have skills in disassembling, maintaining and using each type of weapon and combat gears. Test date depends on actual situation and the testing council shall directly assess the test result.

c) Live-fire test

The individuals provided with training in use of weapons and rubber bullet guns shall fire 03 real bullets in the firing range as prescribed. Scores must be given.

5. Assessment of test results

An individual passes the test if he/she gets at least 25 points for the theory test, passes the practice test and gets at least 15 points for the live-fire test.

Article 18. Issuance, replacement and reissuance of the certificate of use/management of weapons, military explosives and combat gears

1. Issuance of the certificate of use/management of weapons, military explosives and combat gears

a) Within 03 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/management of weapons, military explosives and combat gears 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.

b) The certificate of use/management of weapons, military explosives and combat gears shall be valid for 03 years.

2. Replacement and reissuance of the certificate of use/management of weapons, military explosives and combat gears

a) The certificate of use/management of weapons, military explosives and combat gears that is expired shall be replaced. Procedures for replacement are the same as those for issuance of the certificate of use/management of weapons, military explosives and combat gears.

b) The certificate of use/management of weapons, military explosives and combat gears that is damaged or lost shall be reissued. An application for reissuance includes: an application form specifying reasons, list of individuals and their photos prescribed in Point c Clause 1 Article 16 of this Decree. 01 set of application shall be submitted to the authority that issued such certificate.

Within 05 working days from the date on which the satisfactory application is received, the issuing authority shall inspect, consider and reissue the certificate of use/management of weapons, military explosives and combat gears. In case of rejection of the application, a written explanation shall be provided. The expiry of the reissued certificate is the same as that of the old certificate;

c) In case of applying for replacement or reissuance of the damaged or expired certificate of use/management of weapons, military explosives and combat gears, the applicant shall return the old certificate.

Chapter IV

STATE MANAGEMENT AND INSPECTION OF MANAGEMENT AND USE OF WEAPONS, MILITARY EXPLOSIVES AND COMBAT GEARS

Article 19. Responsibilities of the Ministry of Public Security

1. Assist the Government in performing uniform management of weapons, military explosives and combat gears for the purposes of national security assurance, social order and security assurance, prevention and fight against crimes.

2. Perform state management of weapons, military explosives and combat gears in accordance with regulations of the Law on Management and Use of Weapons, Explosives and Combat Gears and other relevant regulations of law. To be specific:

a) Request the Government to promulgate and amend or within its power, promulgate legislative documents on management and use of weapons, military explosives and combat gears as prescribed by the Law on Management and Use of Weapons, Explosives and Combat Gears;

b) Disseminate legislative documents on management and use of weapons, military explosives and combat gears; encourage recall of weapons, military explosives and combat gears;

c) Promulgate technical standards and regulations on warehouses and storage places within its power;

d) Promulgate forms which serve the registration, management and inspection of management and use of weapons, military explosives and combat gears under its management;

dd) Organize registration, issuance, replacement, reissuance and revocation of the licenses for and certificates of management and use of weapons, military explosives and combat gears within its power’

e) Prevent and fight against violations of laws on weapons, military explosives and combat gears;

g) Prescribe the equipment, management and use of weapons, military explosives and combat gears used by People’s Public Security Forces; cooperate with the Ministry of National Defense and relevant ministries in prescribing the equipment, management, use, repair, transport, classification, liquidation and destruction of weapons, military explosives and combat gears used by other entities under the management of the Ministry of Public Security;

h) Organize recall, classification, maintenance, conversion, liquidation and destruction of weapons and combat gears returned by the organizations/enterprises under the management of the Ministry of Public Security;

i) Develop training contents and programs; provide training in management and use of weapons, military explosives and combat gears and issue the certificate of use/management of weapons, military explosives and combat gears to the entities under the management of the Ministry of Public Security;

k) Inspect management and use of weapons, military explosives and combat gears by the entities under the management of the Ministry of Public Security;

l) Organize research into and application of technology to and enlist international cooperation in management and use of weapons, military explosives and combat gears used by People’s Public Security Forces;

m) Consolidate results of management and use of weapons, military explosives and combat gears within its power;

n) Carry out inspection and settle complaints and denunciations; give rewards and take actions against violations of law on management and use of weapons, military explosives and combat gears.

Article 20. Responsibilities of the Ministry of National Defense

1. Assist the Government in performing uniform management of weapons, military explosives and combat gears for military and national defense purposes.

2. Perform state management of weapons, military explosives and combat gears in accordance with regulations of the Law on Management and Use of Weapons, Explosives and Combat Gears and other relevant regulations of law. To be specific:

a) Request the Government to promulgate and amend or within its power, promulgate legislative documents on management and use of weapons, military explosives and combat gears as prescribed by the Law on Management and Use of Weapons, Explosives and Combat Gears;

b) Perform state management of weapons, military explosives and combat gears under the management of the Ministry of National Defense;

c) Prescribe the equipment, management and use of weapons, military explosives and combat gears 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;

d) Provide training in management and use of weapons, military explosives and combat gears and issue, replace, reissue and revoke licenses for and certificates of management and use of weapons, military explosives and combat gears under the management of the Ministry of National Defense;

dd) Receive, handle and destroy weapons and military explosives returned by police authorities or organizations/individuals.

e) Promulgate technical regulations and standards on warehouses and storage places within its power;

g) Cooperate with the Ministry of Public Security in repair, conversion, liquidation or destruction of weapons, military explosives and combat gears.

Article 21. Responsibilities of relevant ministries

1. The Ministry of Culture, Sports and Tourism, the Ministry of Transport, Ministry of Agriculture and Rural Development, the Ministry of Labor, War Invalids and Social Affairs, the People’s Supreme Procuracy, the Ministry of Home Affairs, the Ministry of Justice, the Ministry of Finance and the Ministry of Industry and Trade shall cooperate with the Ministry of Public Security in equipment, management, use, repair, classification, liquidation and destruction of weapons, military explosives and combat gears; inspect management and use of weapons and combat gears provided for the entities under their management.

2. The Ministry of Science and Technology shall cooperate with the Ministry of Public Security in performing state management of military explosives for science and technology purposes.

3. The Ministry of Finance shall take charge and cooperate with the Ministry of National Defense and the Ministry of Public Security in prescribing collection, transfer and management of fees for issuance of licenses for management and use of weapons, military explosives and combat gears.

4. The Ministry of Information and Communications shall direct communications authorities in disseminating regulations on management and use of weapons, military explosives and combat gears; encourage the people to return weapons, military explosives and combat gears.

5. The Ministry of Education and Training shall disseminate regulations on management and use of weapons, military explosives and combat gears through national defense and security education programs.

6. Relevant ministries shall, within their power, prescribe management and use of weapons and combat gears; provide data to serve state statistics and perform other tasks related to state management of weapons, military explosives and combat gears.

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

1. Disseminate regulations of the law on management and use of weapons, military explosives and combat gears.

2. Comply with regulations of the law on management and use of weapons, military explosives and combat gears.

3. Carry out inspection and settle complaints and denunciations; give rewards and take actions against violations of laws on management and use of weapons, military explosives and combat gears.

Article 23. Inspecting management and use of weapons, military explosives and combat gears

1. The competent police authorities assigned by the Minister of Public Security shall inspect compliance with regulations of the law on management and use of weapons, military explosives and combat gears by the entities under the management of the Ministry of Public Security only once a year or on an ad hoc basis.

The ad hoc inspection shall be only carried out if an organization/enterprise allowed to be equipped with, manage and use weapons, military explosives and combat gears is found violating law or a complaint about management and use weapons, military explosives and combat gears is made or security and order assurance is required.

2. The inspecting authority shall formulate an inspection plan and notify organizations/enterprises before carrying out inspection. In the case of ad hoc inspection, it is not required to notify in advance but reasons shall be provided.

3. Inspected organizations/enterprises shall be ready for the inspection and assign competent persons to work with the inspecting authority.

4. Periodic or ad hoc inspections of management and use of weapons, military explosives and combat gears shall be made into records as prescribed.

5. Competent authorities of the Ministry of National Defense shall inspect the management and use of weapons, military explosives and combat gears by the entities under the management of the Ministry of National Defense.

Chapter V

IMPLEMENTATION CLAUSE

Article 24. Effect

1. This Decree comes into force from July 01, 2018.

2. The Government’s Decree No. 25/2012/ND-CP dated April 05, 2012, Government’s Decree No. 26/2012/ND-CP dated April 05, 2012 and Government’s Decree No. 76/2014/ND-CP dated July 29, 2014 are annulled.

Article 25. Responsibility for implementation

Ministers, heads of ministerial agencies, heads of Governmental agencies, People’s Committees of provinces and relevant organizations, enterprises and individuals are responsible for the implementation of this Decree./.