Thông tư 50/2014/TT-BCA

THE MINISTRY OF PUBLIC SECURITY -------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No: 50/2014/TT-BCA	Hanoi, October 24, 2014

 

CIRCULAR

REGULATING ON ISSUANCE AND RE-ISSUANCE OF LICENSE AND CERTIFICATE OF WEAPONS, EXPLOSIVES AND SUPPORT GADGET

Pursuant to the Ordinance on the management and use of weapons, explosives and supportive gadget;The Ordinance amending and supplementing a number of articles of the Ordinance on the management and use of weapons, explosives and supportive gadget;

Pursuant to Decree No. 25/2012/ND-CP dated April 5, 2012 detailing the implementation of a number of articles of the Ordinance on the management and use of weapons, explosives and supportive gadget( Hereinafter referred to as Decree No. 25/2012/ND-CP);

Pursuant to Decree No. 39/2009/ND-CP dated April 23, 2009 on industrial explosives; Decree No.54/2012/ND-CP dated June 22,2012 amending and supplementing a number of articles of Decree No. 39/2009/ND-CP dated April 23, 2009;

Pursuant to Decree No. 76/2014/ND-CP dated July 29, 2014 detailing a number of articles of the Ordinance amending and supplementing a number of articles of the Ordinance on the management and use of weapons, explosives and supportive gadget;

Pursuant to Decree No. 77/2009/ND-CP dated September 15, 2009 defining the functions, tasks, entitlements and organizational structure of the Ministry of Public Security (which was amended and supplemented by Decree No 21/2014/ND-CP dated March 25, 2014);

At the request of the General Director of the General Department of police officer on order and social security;

the Minister of Public Security promulgates the Circular regulating on issuance and re-issuance of license and certificate of weapons, explosives and support gadget.

Chapter I

GENERAL PROVISIONS

Article 1. Governing scope

1. This Circular stipulates principles, competence, application, duration, regulations on statistics, reports and responsibilities of agencies, organizations and individuals related to issuance and re-issuance, management and  use of licenses and certificates of weapons, explosives and support gadget.

2. The issuance of licenses, certificates of weapons, explosives and support gadget under the management scope of the Ministry of National Defense shall be not under the governing scope of this Circular.

Article 2. Regulated entities

This Circular shall be applied to:

1. Public security in units and localities.

2. Officers, non-commissioned officers (hereinafter referred to as officers) taking charge of issuing and reissuing license and certificates of weapons, explosives and support gadget.

3. Agencies, organizations, and individuals related to issuance and reissuance of license, certificates of weapons, explosives and support gadget.

Article 3. Types of licenses and certificates of weapons, explosives and support gadget

1. License of military weapon equipment.

2. License of purchase of rudimentary weapons, support gadget.

3. License of carrying weapons, support gadget into or out of Vietnam’s territory.

4. License of using military weapons, sporting weapons, support gadget.

5. License of transport of weapons, military explosives, support gadget.

6. License of transport of industrial explosives.

7. License of repair of weapon, support gadget.

8. Certificate of registration of rudimentary weapons, support gadget.

9. Certificate of rudimentary weapon declaration.

Article 4. Principles of issuance and re-issuance of license and certificate of weapons, explosives and support gadget

1. Comply with the provisions of the Ordinance on the management and use of weapons, explosives and supportive gadget; the Ordinance amending and supplementing a number of articles of the Ordinance on the management and use of weapons, explosives and supportive gadget (hereinafter referred to as the Ordinance on the management and use of weapons, explosives and supportive gadget), guiding documents of implementation, this Circular and other relevant legislative documents.

2. Ensure objectivity, timeliness and accuracy.

3. Be strictly forbidden to misuse the tasks assigned to harass, make a nuisance or violate the interests of the state, rights and legitimate interests of agencies, organizations and individuals.

4. Bear personal responsibility for the guidance and reply to agencies, organizations, individual or their suggestions and decisions (Officers issuing and reissuing license, certificates of weapons, explosives and support gadget).

Article 5. Application and time-limit of issuance and re-issuance of license and certificate of weapons, explosives and support gadget.

1. The application for issuance of licence of military weapon equipment shall comply with the provisions of Article 15 of the Ordinance on the management and use of weapons, explosives and supportive gadget. The issuance time-limit shall be within 10 working days from the date of receipt of a satisfactory application.

2. The application for license of purchase of rudimentary weapons, support gadget shall comply with the provisions of Article 15 and Article 20 of Decree No. 25/2012/ND-CP The issuance time-limit shall be within 05 working days for issuance of license of rudimentary weapon purchase; within 04 working days for issuance of license of support gadget purchase from the date of receipt of a satisfactory application.

3. The application for issuance of Licence of carrying weapons, support gadget into or out of Vietnam’s territory shall comply with the provisions of Article 3 of the Minister of Public Security’s Circular No. 30/2012/TT-BCA dated May 29, 2012 detailing the implementation of a number of articles of the Ordinance on the management and use of weapons, explosives and supportive gadget and the Decree detailing the implementation of a number of articles of the Ordinance ( hereinafter referred to as Circular No. 30/2012/TT-BCA) The issuance time-limit shall be within 03 working days from the date of receipt of a satisfactory application.

4. The application for issuance of licence of using military weapons and sport weapons shall comply with the provisions of Articles 15 and 19 of the Ordinance on the management and use of weapons, explosives and supportive gadget. The issuance time-limit shall be within 10 working days from the date of receipt of a satisfactory application.

5. The application and time-limit of reissuance of license of using military weapons and sport weapons

a) A written request for reissuance of license of using military weapons and sport weapons of provided agencies, organizations and units. The content of the request must clearly indicate the reason for reissuance; the number of reissued licence; types, numbers and symbols of each type of military weapons and sport weapons. In case the license is lost, there must be a report specifying handling and remedial measures.

b) A letter of introduction and ID card or People’s Public Security identity card of agencies, organizations and units assigned to carry out the procedure.

c) The reissuance time-limit of license of using military weapons, sport weapons shall be within 10 working days from the date of receipt of a satisfactory application.

6. The application for issuance or reissuance of license of using support gadget shall comply with the provisions of Article 21 of Decree No. 25/2012/ND-CP The issuance time-limit shall be within 05 working days (for the number of less than 50 licences); within 10 working days (for the number of 50 licences or more) from the date of receipt of a satisfactory application.

7. The application and time-limit of issuance of license of weapon repair

a) A written request for weapon repair; the content of the request must show clearly the type, brand, serial number, symbol of each type of weapon requested for repair; the number of parts needing repairing; repair establishments; the address and time of repair.

b) A letter of introduction and ID card or People’s Public Security identity card of agencies, organizations and units assigned to carry out the procedure.

c) Within 05 working days from the date of receipt of a satisfactory application, the police security agency issuing the license of using weapons must consider and issue the license of repairing weapons to the requesting authorities, organizations or units. The duration of the licence of repairing weapons shall be 30 days. In case of transporting weapons to the repair place, the licence of repairing weapons shall be the license of transport.

8. The application for issuance of license of repairing support gadget shall comply with the provisions of Article 23 of Decree No. 25/2012/ND-CP The issuance time-limit shall be within 05 working days, from the date of receipt of a satisfactory application.

9. The application for issuance of licence of transporting military weapons and sport weapons shall comply with the provisions of Clause 3, Articles 21 of the Ordinance on the management and use of weapons, explosives and supportive gadget. The issuance time-limit shall be within 05 working days from the date of receipt of a satisfactory application.

10. The application for issuance of license of transporting support gadget shall comply with the provisions of Article 22 of Decree No. 25/2012/ND-CP The issuance time-limit shall be within 05 working days, from the date of receipt of a satisfactory application.

11. The application for issuance of license of transporting military explosives shall comply with the provisions of Article 14 of Decree No. 30/2012/ND-CP The issuance time-limit shall be within 03 working days, from the date of receipt of a satisfactory application.

12. The application for issuance of license of transporting industrial explosives shall comply with the provisions of Paragraph 3 of Article 26 of the Ordinance on the management and use of weapons, explosives and supportive gadget; Paragraph 3 of Article 1 of the Minister of Public Security’s Circular No. 04/2014/TT-BCA dated January 21, 2014 amending and supplementing a number of articles of the Minister of Public Security’s Circular No. 35/2010/TT-BCA dated October 11, 2010 defining issuance of license of transportation of industrial explosives and dangerous goods. The issuance time-limit shall be within 03 working days from the date of receipt of a satisfactory application.

13. The application for issuance of Certificate of rudimentary weapon registration shall comply with the provisions of Clause 1, Article 2 of Decree No. 30/2012/TT-BCA The issuance time-limit shall be within 05 working days, from the date of receipt of a satisfactory application.

14. The application for issuance of Certificate of support gadget registration shall comply with the provisions of Clause 1, Article 18 of Decree No. 30/2012/TT-BCA The issuance time-limit shall be within 05 working days, from the date of receipt of a satisfactory application.

15. The application for issuance of Certificate of rudimentary weapon declaration shall comply with the provisions of Clause 2, Article 12 of Decree No. 30/2012/TT-BCA The issuance time-limit shall be within 05 working days, from the date of receipt of a satisfactory application.

Article 6. Competence in issuance and re-issuance of license and certificate of weapons, explosives and support gadget

1. The General Director of the General Department of Police managing administration of social order shall be competent in issuance and reissuance of the license of provision, use, purchase, carrying, transport and repair of weapons, explosives, support gadget; the registration certificate of rudimentary weapons, support gadget to agencies, organizations and units under central Ministries and enterprises trading security services allowed to train security guards.

2. The Head of the Police Department managing administration of social order of Police Department in central-affiliated cities and provinces (hereinafter referred to as the Police Department managing administration of social order of provincial Public Security Department) shall be competent in issuance and reissuance of license of use, purchase, transportation and repair of weapons, explosives and support gadget; registration certificate of rudimentary weapons, support gadget to agencies, organizations and units in locality.

3. The Head of Public security Department in communes, wards and towns (hereinafter referred to as the Head of Public security Department at commune-level) shall be competent in issuance of certificate of rudimentary weapon declaration.

Chapter II

PROCEDURES FOR ISSUANCE AND RE-ISSUANCE OF LICENSE AND CERTIFICATE OF WEAPONS, EXPLOSIVES AND SUPPORT GADGET

Article 7. Receipt of applications

Officers assigned to receive applications and settle procedures for issuance and reissuance of license and certificates of weapons, explosives and support gadget must examine the applications, compare them with the provisions of the law on management and use of weapons, explosives and support gadget and comply with the following provisions:

1. In case applications are satisfactory

a) Record the applications received in the logbook.

b) Write and give appoitment paper, receipt to applicants according to the following details: Full name, position and working unit of the officer receiving the application; papers, documents in the application; time of result return, then sign and write the full name.

2. Receiving officers shall provide written guidance specifying the procedures and contents that need supplementing and re-declaring in case the applications meet conditions but lack procedures or are declared inaccurately. Receiving officers shall comply with the provisions of Paragraph 1 of this Article after agencies, organizations, units and individuals complete their applications under the guidance documents.

3. In case the applications do not meet the conditions, receiving officers shall not receive and shall make a reply in writing and state clearly the reason for not receiving to the requesting agencies, organizations, units and individuals.

4. After receiving a satisfactory application, the officers must report and transfer such application to leaders at division level (in case the application is submitted at the Police Department managing administration of social order), managers at squad level (in case the application is submitted to the Police Department managing administration of social order of the provincial Public security Department) for assigment of officers to examine the application as prescribed.

For the application for a certificate of rudimentary weapon declaration, the officers after receiving the application must report and transfer such application to the Head of Public Security Department at commune-level.

Article 8. Inspection of applications

1. The leaders of division level (under the Police Department  managing administration of social order), the managers of squad level (under the Police Division managing administration of social order of provincial Public security Department), the Head of Public security at commune-level after receiving the application shall assign officers to inspect contents specified in Clause 2 of this Article.

2. The following contents must be inspected

a) Issuance of licence of military weapon equipment: Inspect and assess the conditions for the equipment, the actual demand, the number and types of military weapons requested for equipment.

b) Issuance of licence of purchase of rudimentary weapons, support gadget. Inspect and assess the conditions for equippment, the demand for quantity, types of rudimentary weapons and support gadget.

c) Issuance of licence of transport of weapons, military explosives, support gadget: Inspect the type and quantity of weapons, military explosives, support gadget; conditions of vehicles, escorts and drivers.

d) Issuance of licence of repair of weapon, support gadget: Physically inspect the quantity, type, number, symbol, parts that need replacing or repairing.

dd) Issuance and reissuance of licence of using military weapons, sport weapons, support gadget: Physically inspect the quantity, type, number, symbol, origin and quality of the weapons, support gadget and related papers.

e) Issuance of certificate of registration of rudimentary weapons, support gadget: Physically inspect the quantity, type, number, symbol, origin and quality and the related papers.

g) Issuance of certificate of rudimentary weapons declaration: Physically inspect the quantity, type, number, symbol and origin of weapons.

h) Issuance of licence of transport of industrial explosives: Inspect the volume of industrial explosives; conditions and standards of the escorts, the drivers and other related attendants, conditions for security and order.

In case of issuance of certificate of industrial explosive receipt, the public security Department in localities must conduct physical inspection of industrial explosive warehouse of the agencies, organizations and units requesting for issuance to determine the volume of industrial explosives in the warehouse and the safety conditions of the warehouse.

3. After the inspection, the officers assigned to inspect must report the leaders who assign the task on the inspection results and request for issuance and reissucance of license, certificates of weapons, supplies explosives and support gadget, in particular:

a) For cases meeting conditions for issuance and reissucane of license and certification, the inspectors must request in writing and specify the following information: The date of receipt of the application and documents in the application, contents of settlement request, the proposal, then sign and write the full name; transfer the application and the written proposal to the leaders at division and squad levels for consideration and report to the Director of the Police Department managing administration of social order, the Head of the Police Depatment managing administration of social order of the provincial public security Department for approval and signing for issuance and reissuance of license and certificate.

b) If the applications do not meet the conditions for issuance or reissuance of the license and certificate, the inspectors must draft a written reply, stating the reasons and transfer the applications to the leaders at division and squad levels for consideration and report the Director of the Police Department managing administration of social order, the Head of the Police Department managing administration of social order of provincial Public security Department for approval and signing for reply to requesting agencies, organizations, units and individuals.

4. In case of issuance of a certificate of rudimentary weapon declaration, the officers assigned to inspect must report in writing to the Head of Public Security Department at commune-level on the inspection results and request for approval and issuance of certification; if the application is rejected, they must draft a written reply, stating clearly the reasons.

Article 9. Approval and signing for issuance and re-issuance of license and certificate of weapons, explosives and support gadget

1. The Director of the Police Department managing administration of social order shall approve and sign for issuance and reissuance of licenses, certificates of weapons, explosives and support gadget to agencies, organizations, units under the central Ministries and enterprises trading security services allowed to train security guards; approve and sign the written reply of failure to issue the license or certificate.

2. The Head of the Police Department managing administration of social order of the provincial public security Department shall approve and sign for issuance and reissuance for the license or certificate of weapons, explosives and support gadget to agencies, organizations, units in locality as prescribed; approve and sign the written reply of failure to issue the license or certificate.

3. The Head of Public security Department at commune-level shall approve and sign for issuance of the certificate of rudimentary weapon declaration to agencies, organizations and individuals; approve and sign the written reply of failure to issue the certificate of declaration as prescribed.

Article 10. Return of settlement results of issuance and re-issuance of license and certificate of weapons, explosives and support gadget

After obtaining the results of the settlement, the units receiving applications for issuance and reissuance of the license or certificates of weapons, explosives and support gadget shall comply with the following provisions:

1. In case of settlement of issuance and re-issuance of license and certificate of weapons, explosives and support gadget

a) Inspect, collect the appointment paper and request the persons getting the results to present the letter of introduction of agencies, organizations and units who assign them. The person named in the letter of introduction shall present the ID card or the people's public security identity card to the officer returning the results.

b) Return the results and request the person getting the results to sign in the logbook (sign, state the name and date of receipt of the results); in case of reissuance of license of using weapons, support gadget, request the person getting the results to submit the previously approved license.

c) Collect fees as prescribed (if any).

d) Keep a record of issuance of license and certificate of weapons, explosives and support gadget as prescribed in the Minister of Public Security’s Circular No. 32/2013/TT-BCA-C41 dated June12, 2013 defining statistics of Police operation dossiers.

2. In case of no settlement of issuance and re-issuance of license and certificate of weapons, explosives and support gadget

a) Return the received applications.

b) Request the persons assigned to get the results by agencies, organizations and units to check the papers and documents in the application.

c) Give the written refusal of issuance and reissuance of license, certificates of weapons, explosives and support gadget to the person getting the results; Request the person getting the results to sign in the logbook (sign and state full name, date of getting the application and results of the settlement).

Chapter III

RESPONSIBILITIES IN MANAGEMENT AND USE OF LICENSE AND CERTIFICATE OF WEAPONS, EXPLOSIVES, TOOL GADGET AND REGULATIONS ON STATISTICS AND REPORTS

Article 11. Responsibilities of the Police Department managing administration of social order and Public security Department in central-affiliated cities and provinces

1.  The Police Department managing administration of social order and Public security Department in central-affiliated cities and provinces shall choose officers having good moral qualities, good qualifications, knowledge of law, mastering the legislative documents on management and use of weapons, explosives and support gadget; comply strictly with regulations of people's Public security and  have cultural life and spirit for work served for the people to arrange the work receiving applications, contact with agencies, organizations, units and individuals in settlement of procedures relating to issuance and reissuance of license, certificates of weapons, explosives and support gadget.

2. The standing headquarters receiving applications must be spacious and clean, administrative procedures must be listed publicly for agencies, organizations, units and individuals to know and implement.

3.  The Police Department managing administration of social order and Public security Department in central-affiliated cities and provinces shall inspect regularly the working process of officers giving reception of citizens, officers issuing and re-issuing the licenses and certificates of weapons, explosives and support gadget under their management scope.

4.  The Police Department managing administration of social order and Public security Department in central-affiliated cities and provinces shall organize training for officers directly involved in the issuance or re-issuance, management of licenses, certificates of weapons, explosives and support gadget under their management scope.

5.  The Police Department managing administration of social order and Public security Department in central-affiliated cities and provinces shall inspect, guide and handle violations in the issuance, reissuance, management and use of licenses, certificates of weapons, explosives and support gadget within their competence.

6. For recovered licenses and certificates of weapons, explosives and support gadget, the Head of the Department of guidance, management of weapons, explosives and support gadget and all kinds fireworks, firecrackers and flare shall report to the Director of the Police Department managing administration of social order; the Head of the Department managing administration of social order shall report to the Director of Public security Department in central-affiliated cities and provinces for consideration and decision on destruction.

Article 12. Responsibilities of agencies, organizations, units and individuals issued licenses, certificates of weapons, explosives and support gadget

1. Manage and use the licenses, certificates as stipulated and present them upon request for inspection of competent agencies.

2. Report in writing immediately to the public security agencies previously issuing in case of loss of the licenses or certificates; stating clearly the reason of loss, handling and remedy measures.

3. Return the licenses and certificates of weapons, explosives and support gadget to the public security agencies issuing in the following cases:

Agencies, organizations and units are dissolved, amalgamated, divided, merged or transformed.

b) Weapons and support gadget of agencies, organizations and individuals are provided for use as prescribed by law but are lost, damaged, expired or no longer needed for use or as prescribed by law are not entitled to be equipped, managed and used.

c) Licenses and certificates are issued ultra vires.

d) Licenses and certificates are damaged, expired after the reissuance.

e) Other cases occur as prescribed by law.

Article 13. Regulations on statistics and report

1. Quarterly, every 06 month, yearly, agencies, organizations and units that are provided with and are entitled to management and use of weapons, explosives and support gadget must report in writing to the Police Department managing administration of social order (for agencies, organizations and units under the central Ministries and enterprise trading security services allowed to train security guards), the Police Department managing administration of social order of the provincial public Security Department (for local agencies, organizations and units) on the management and use of weapons, explosives and support gadget.

Agencies, organizations and units under the Central Ministries issued the licence of use and certificate of registration, the license of purchase of weapons, support gadget by the Police Department managing administration of social order providing weapons, support gadget to affiliated agencies, organizations and units must report to the Police Department managing administration of social order on such provision.

2. Quarterly, every 06 months, yearly, the Police Department managing administration of social order of the provincial public security Department shall report to the Police Department managing administration of social order on the situation, the results of management of weapons, explosives and support gadget under the form of VC17 enclosed herewith the Minister of Public Security’s Circular No. 34/2012/TT-BCA dated June 12, 2012 defining the form used in management, receipt, collecting, classification, preservation, liquidation and destruction of weapons, explosives and support gadget.

3. Quarterly, every 06 months, yearly, the Public security Department at commune level shall report to the Public security Department in districts, towns and cities under provinces (hereinafter referred to as the Public security Department of the district) on the issuance and management of certificate of rudimentary weapons declaration. The Public security Department of the district shall report to the Public security Department in central-affiliated cities and provinces on the issuance and management of certificates of rudimentary weapons declaration on the basis of summary of reports of Public security Department at commune level under their management.

4. For the cases of serious and complex nature, adversely affecting security and order related to weapons, explosives and support gadget or as required by competent agencies, agencies, organizations and units that are provided with and are entitled to management and use of weapons, explosives and support gadget must immediately report in writing to the Public security agencies issuing the license or certificate.

Chapter IV

IMPLEMENTATION

Article 14. Effect

This Circular takes effect from December 15, 2014

Article 15. Responsibility for implementation

1. The Heads of Public security Departments in units and localities in their duty and power scope shall inspect and expedite the implementation of this Circular.

2. The General Directors, the Heads of units under the Ministry of Public Security, the Director of Public Security Department in central-affiliated cities and provinces, the Director of the Fire Department and related organizations and individuals shall be responsible for the implementation of this Circular.

Any problems arising in the course of implementation should be reported to the Ministry of Public Security (though Police Department managing administration of social order) for timely guidance./.

 

MINISTER General Tran Đai Quang