Quyết định 94/2000/QD-BNN/KL

DECISION

ISSUING THE REGULATION ON THE MANAGEMENT AND USE OF MILITARY WEAPONS AND SUPPORT INSTRUMENTS IN THE RANGER FORCE

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to the Government’s Decree No. 73/CP of November 1, 1995 on the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;
Pursuant to the Government’s Decree No. 39/CP of May 18, 1994 defining the organizational system, tasks and powers of the ranger force;
Pursuant to the Government’s Decree No. 94/HDBT of July 2, 1984 of the Council of Ministers prescribing the supplements to the Government Council’s Decrees on the management of military weapons and defense sport weapons as well as the storing and use of explosive materials;
Pursuant to the Government‘s Decree No. 47/CP of August 12, 1996 issuing the Regulation on the management of weapons, explosive materials and support instruments;
Pursuant to the Agriculture and Rural Development Ministry’s Decision No. 04/1999/QD-BNN-KL of January 6, 1999 approving the plan on equipping the ranger force with military weapons;
At the proposal of the director of the Ranger Department,

DECIDES:

Article 1.- To issue together with this Decision the "Regulation on the management and use of military weapons and support instruments in the ranger force".

Article 2.- This Decision takes effect 15 days after its signing.

Article 3.- The director of the Ministry’s Office, the director of the Ranger Department, the heads of the concerned units of the Ministry, the directors of the ranger sub-departments, the heads of the Ranger Services of the provinces and centrally-run cities and the directors of the national parks shall have to implement this Decision.

REGULATION

ON THE MANAGEMENT AND USE OF MILITARY WEAPONS AND SUPPORT INSTRUMENTS IN THE RANGER FORCE
(Issued together with Decision No. 94/2000/QD-BNN-KL of August 24, 2000 of the Minister of Agriculture and Rural Development)

Chapter I

GENERAL PROVISIONS

Article 1.- Military weapons and support instruments are special means assigned to the ranger force for management and use while performing official duty in order to protect the national forest resources.

Article 2.- Military weapons and support instruments equipped for the ranger force include:

1. Military weapons: folding butt AK rifles and K59 pistols, (with the KL code inscribed before the gun’s serial number);

2. Support instruments: rubber rods, electric rods, tear-gas guns, rubber bullet guns, anaesthetizing-gas sprayers;

3. Assorted bullets with properties and effect suitable to the equipped military weapons and support instruments prescribed in this Article.

Chapter II

MANAGEMENT OF MILITARY WEAPONS AND SUPPORT INSTRUMENTS

Article 3.- Equipped military weapons and support instruments must be kept for strict management at the agencies and units. The equipping and destruction of military weapons and support instruments must comply with the provisions of law and be agreed by the Minister of Agriculture and Rural Development.

Article 4.- The transfer of military weapons and support instruments among units under the management of the Ranger Sub-Department and provincial-level Services and national parks shall be decided by the heads of such units if it is agreed by the director of the Ranger Department. The transfer of military weapons and support instruments from one Ranger Sub-Department, provincial-level Ranger Service or a national garden to another Ranger Sub-Department, provincial-level Ranger Service or national park shall be decided by the Minister of Agriculture and Rural Development.

Article 5.- The Ranger Department shall assume the prime responsibility and coordinate with the concerned functional units in planning, guiding, inspecting and taking responsibility to the Minister of Agriculture and Rural Development for the management and monitoring of the issuance of military weapons and support instruments in the ranger force nationwide.

Article 6.- Basing themselves on their specific organizational structures, the heads of the Ranger Sub-Departments or provincial-level Ranger Service and the directors of the national parks shall consider and designate one section or individual to assist them in monitoring, issuing and managing their units’ military weapons and support instruments.

Units and individuals assigned military weapons and support instruments for management and use shall be directly responsible for their assigned weapons and support instruments and strictly abide by the regulations on the use, maintenance, inspection and taking stock of weapons and support instruments; keep them absolutely safe and free from damage or loss. Any malfunctions thereof should be promptly reported to the Ranger Department for planning repair; details and shapes weapons and support instruments must not be replaced or modified without permission.

Article 7.- Persons assigned to manage military weapons and support instruments must satisfy the following conditions and criteria:

- Having good moral qualities;

- Having professional certificates of management of military weapons and support instruments;

- Thoroughly grasping the rules on and regime of management and maintenance of military weapons and support instruments;

Units equipped with military weapons and support instruments must have depots or cabinets for their storage and maintenance during the time when they are not used for performance of official duties.

Depots or cabinets for storage and maintenance of military weapons and support instruments must satisfy the requirements on technical criteria, safety, fire prevention and fight; there must be rules and plans on their safeguarding, which are approved by the units’ heads. Persons assigned to take charge of the depots or places for storage of military weapons and support instruments must strictly abide by the inspection and maintenance regimes, keep books for monitoring the delivery and receipt of military weapons and support instruments.

Chapter III

USE OF MILITARY WEAPONS AND SUPPORT INSTRUMENTS

Article 8.- Units equipped with military weapons and support instruments must register them with the competent police agencies and apply for their use permits according to regulations. At the expiry of such permits, they must fill in the procedures for granting of new permits.

Units must have plans on regular training of persons assigned to manage and use military weapons and support instruments on the management and use thereof.

Article 9.- Military weapons and support instruments shall be assigned only to ranger force members for the performance of their official duty. Persons assigned military weapons and support instruments for use must meet the following conditions and criteria:

- Having certificates of having been trained in the maintenance and use of military weapons and support instruments and knowing how to expertly use their assigned military weapons and support instruments;

- Having good moral qualities and health;

After accomplishing their official duty, persons assigned military weapons and support instruments must return them to their units according to regulations.

Article 10.- While on official duty, if ranger force members carry military weapons and support instruments, they must have their use permits. It is strictly forbidden to lend military weapons, support instruments and their use permits to other people.

Article 11.- If persons assigned to manage and use military weapons and support instruments are transferred to another job or relieved from work, retire or no longer meet the conditions for keeping military weapons and support instruments according to regulations, they must hand them over to their units for management. Such units shall have to receive, check and maintain military weapons and support instruments according to regulations before issuing decisions on transferring these persons to another job, job severance or retirement.

Article 12.- In case of loss of military weapons, support instruments and/or their use permits, a report of confirmation thereof must be made and the police agency of the place where such loss occurs and the police agency where such lost military weapons and/or support instruments are registered must be notified thereof. The concerned units and individuals must take every measure to search for the lost military weapons and/or support instruments and simultaneously report such to their immediate superiors and the Ministry of Agriculture and Rural Development (the Ranger Department) for direction.

Article 13.- Ranger force members assigned military weapons and support instruments for use on official duty may, in extremely urgent circumstances where they have no other measures to immediately stop subjects who are committing law-breaking acts, open warning fire to prevent possible consequences of such acts, if their orders are still ignored, they may open fire directly at the subjects in the following circumstances:

1. The subjects are resorting to violence to resist, seriously threatening the lives of the ranger force members who are on official duty, patrolling or safeguarding forests, checking, supervising or handling violations in the field of forest management and protection.

2. Drivers of transport means ignore orders, deliberately running away when an order to stop their transport means for search has been issued and there are grounds to assert that such transport means are transporting illicit forest resources. In this case ranger force members may shoot to damage such means in order to seize the violators and material evidences of the violation.

3. The subjects are resorting to violence to loot and/or destroy the State’s or citizens’ property, committing acts of murder or rape.

Article 14.- Everyday ranger force members must check, clean and maintain their military weapons and support instruments against rust and quality deterioration. After shooting, they must make the cleaning according to regulations. If guns are left unused for a long time, they must be preserved according to technical requirements; the maintenance of military weapons and support instruments must be recorded in the units’ journals for monitoring of military weapons and support instruments.

Article 15.- Quarterly, biannually and annually, units equipped with military weapons and support instruments must report to the Ministry of Agriculture and Rural Development on the situation of the preservation, management and use of military weapons and support instruments on the 15th of the following month at the latest. Annually, they must report their plans on issuance, replacement, supplement and repair of military weapons and support instruments according to the prescribed duration to the Ministry of Agriculture and Rural Development (the Ranger Department) for planning the settlement thereof.

Chapter IV

COMMENDATION AND HANDLING OF VIOLATIONS

Article 16.- Organizations and individuals who record achievements in the management and use of military weapons and support instruments shall be commended and rewarded according to law provisions.

Article 17.- If organizations or individuals assigned military weapons and support instruments for management and use violate the regime on management and use of military weapons and support instruments, they shall, depending on the nature and seriousness of violation, be disciplined, administratively handled or examined for penal liability; if any material damage is caused, they shall have to pay compensation therefor according to law provisions.