Pháp lệnh 16/2011/UBTVQH12

Ordinance No. 16/2011/UBTVQH12 of June 30, 2011, on management and use of weapons, explosives and supporting tools

Ordinance No. 16/2011/UBTVQH12 on management and use of weapons, explosives đã được thay thế bởi Law 14/2017/QH14 management use of weapons explosives combat gears và được áp dụng kể từ ngày 01/07/2018.

Nội dung toàn văn Ordinance No. 16/2011/UBTVQH12 on management and use of weapons, explosives


THE NATIONAL ASSEMBLY STANDING COMMITTEE
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 16/2011/UBTVQH12

Hanoi, June 30, 2011

 

ORDINANCE

ON MANAGEMENT AND USE OF WEAPONS, EXPLOSIVES AND SUPPORTING TOOLS

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10;

Pursuant to Resolution No. 31/2009/QH12 on the 2010 law- and ordinance-making program and addition to the law- and ordinance-making program of the National Assembly, the XIIth term (2007- 2011);

The National Assembly Standing Committee promulgates the Ordinance on Management and Use of Weapons. Explosives and Supporting Tools.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Ordinance provides for the management and use of weapons, explosives and supporting tools; the responsibility for state management of weapons, explosives and supporting tools, aiming to protect the national security and maintain social order and safety.

Article 2. Subjects of application

This Ordinance applies to Vietnamese agencies, organizations and individuals, foreign agencies, organizations and individuals, and international organizations that reside, enter, exit, transit and operate in the territory of the Socialist Republic of Vietnam: if treaties to which the Socialist Republic of Vietnam is a contracting party otherwise provide for, such treaties shall prevail.

Article 3. Interpretation of terns

In this Ordinance, the terms below are construed as follows:

1. Weapons include military weapons, hunting guns, rudimentary weapons, sports weapons and other types of weapons with similar properties and effect.

2. Military weapons include:

a/ Hand guns of small size, which are weapons designed for personal use, including pistols, rifles, submachine guns, light machine guns and other types of guns with similar properties and effect.

b/ Light weapons, including machine guns, mortars of under 100 mm. recoilless guns (DKZ), anti-aircraft machine guns of under 23 mm, grenade launchers, personal anti-lank rockets, shoulder anti-aircraft missiles, and other types of light weapons with similar properties and effect:

c/ Bombs, mines, grenades, shells, torpedoes, water mines and flame throwers-.

d/ Weapons which are not on the Government-promulgated list of weapons hut have similar properties and effect like military weapons.

3 Hunting guns are guns used for hunting, including flint locks air guns, and other types of guns with similar properties and effect.

4. Rudimentary weapons include daggers, swords, long-handled spears, long-handled machetes, bayonets, knife-shaped lances, scimitars, clubs, bows and crossbows.

5. Sports weapons are guns and rudimentary weapons used for sports practice and competition.

6. Explosives include explosive powder and accessories.

7. Military explosives are explosives used for defense and security purposes.

8. Industrial explosives are explosives used for industrial, economic and civil purposes.

9. Supporting tools include:

a/ Guns for plastic bullets, rubber bullets, tear gas, asphyxiating gas, toxic substances, anesthetics, magnetic field, laser, flares and bullets used for guns of these types

b/ Sprayers of tear gas, asphyxiating gas, toxic substance, anesthetics or itchy substances;

c/ Smoke grenades, tear-gas grenades and exploding balls;

d/ Electric clubs, rubber clubs, metal clubs, handcuffs, spike boards, barbed wires, armors, electric gloves, knife- snatching gloves, shields and anti-bullet helmets;

e/ Army or police animals.

Article 4. Principles of equipment, management and use of weapons, explosives and supporting tools

1. Compliance with the Constitution and laws of the Socialist Republic of Vietnam.

2. Weapons, explosives and supporting tools must ensure standards and technical regulations prescribed by law.

3. Persons who order or decide to use weapons, explosives and supporting tools shall bear responsibility for their orders or decisions.

4 Persons who use weapons, explosives or supporting tools must be professionally trained and periodically examined in using skills.

5. Weapons, explosives and supporting tools must he used for proper purposes, restricting to the utmost damage caused to humans, properly and the environment.

6. Weapons, explosives and supporting tools which have expired or are unusable must be disposed of or destroyed.

Article 5. Prohibited acts

1. Personally possessing weapons, excluding the weapons prescribed in Clause 4, Article 3 of this Ordinance.

2. Illegally manufacturing, storing, transporting, using, trading, importing or exporting or appropriating weapons, explosives and supporting tools.

3. Abusing the use of weapons, explosives or supporting tools to infringe upon the health or lives of other people, or the rights and legitimate interests of individuals, agencies or organizations.

4. Deliberately destroying or damaging assigned weapons.

5. Assigning weapons, explosives and supporting tools to agencies, organizations or persons that fail to fully satisfy set conditions and standards.

6. Giving away, presenting as gift, entrusting to others' care, borrowing, lending, renting, leasing, pledging or mortgaging weapons, explosives or supporting tools.

7. Illegally bringing weapons, explosives or supporting tools into or out of the Vietnamese territory.

8. Unsafely transporting or preserving weapons, explosives or supporting tools.

9. Exchanging, trading, forging, tampering with, erasing, borrowing, lending, renting, leasing, pledging or mortgaging licenses for manufacture, trading, transportation or use of weapons, explosives or supporting tools.

10. Illegally trading, giving away, presenting as gifts, borrowing, lending, renting, leasing, pledging or mortgaging discarded and faulty weapons, explosives and supporting tools.

11. Excavating and digging to search for weapons and explosives without permission of competent agencies.

12. Other acts in violation of regulations on management and use of weapons, explosives or supporting tools.

Article 6. Bringing of weapons, explosives and supporting tools into or out of the Vietnamese territory in special cases

1. Foreign organizations or individuals may bring weapons and supporting tools from abroad into Vietnam for protection of heads and deputy heads of the slates, legislative bodies and governments and other guests invited by the Party Central Committee, the President, the National Assembly or the Government of the Socialist Republic of Vietnam, or for sports practice and competitions, exhibition, display, sale promotion or product introduction.

2. Vietnamese organizations or individuals may carry weapons and supporting tools abroad from Vietnam for protection of heads of Party or state agencies, or for sports practice and competitions, exhibition, display, sale promotion or product introduction.

3. The Minister of Public Security shall provide for the order, procedures and grant of permits for carrying weapons and supporting tools into or out of the Vietnamese territory for the cases specified in Clauses 1 and 2 of this Article. The Minister of National Defense shall provide for cases under programs and plans of the Ministry of Defense.

Article 7. Responsibilities of heads of agencies or organizations equipped with and using weapons, explosives and supporting tools

1. To bear responsibility for the management and use of weapons, explosives and supporting tools.

2. To assign qualified persons to keep warehouses or storages of weapons, explosives and supporting tools under Article 9 of this Ordinance.

3. To assign weapons only to persons of their agencies or organizations for use who fully meet the conditions and criteria prescribed in Article 14 of this Ordinance.

4. To locale warehouses or storages of weapons, explosives and supporting tools under Article 10 of this Ordinance.

Article 8. Responsibilities of persons assigned to use weapons, explosives and supporting tools

1. To use weapons, explosives and supporting tools for proper purposes and according to regulations.

2. To preserve weapons, explosives and supporting tools according to prescribed regimes and processes, ensuring safety and no loss and damage.

3. To hand over weapons, explosives and supporting tools to persons responsible for management and preservation upon accomplishment of their tasks or at the end of the assignment lime limit.

4. When carrying or using weapons and supporting tools, to bring along use permits as provided for by law.

Article 9. Criteria of persons assigned to keep warehouses or storages of weapons, explosives and supporting tools

1. Persons assigned to keep warehouses or storages of weapons, explosives and supporting tools must satisfy the following criteria:

a/ Possessing good quality and morality and being physically fit for assigned tasks:

b/ Possessing a professional certificate of management of weapons, explosives and supporting tools, and a certificate of fire prevention and fighting training:

c/ Thoroughly understanding regulations and regimes on management and preservation of warehouses and storages of weapons. explosives and supporting tools.

2. The Minister of National Defense shall detail Clause 1 of this Article for the People's Army and Militia and Self-Defense Forces. The Minister of Public Security shall detail Clause 1 of this Article for the People's Public Security, and shall assume the prime responsibility for, and coordinate with concerned ministers and heads of ministerial-level agencies in. detailing Clause 1 of this Article for other entities.

Article 10. Preservation of weapons, explosives and supporting tools

1. Weapons, explosives and supporting tools must be strictly managed and preserved according to regulations.

2. Weapon, explosive and supporting tool warehouses and storages must be designed and built up to prescribed technical standards and regulations on safety in fire and explosion prevention and fighting and on environmental protection; have internal rules, security plans. fire and explosion prevention and fighting plans and safety devices which are approved by managing and functional agencies.

3. The Minister of National Defense shall provide fur the preservation of weapons, explosives and supporting tools for the People' Army and Militia and Self-Defense Forces. The Minister of Public Security shall provide for the preservation of weapons, explosives and supporting tools for other entities.

Article 11.Hand-over, receipt and handling of weapons, explosives and supporting tools

1. Organizations and individuals shall declare and hand over weapons, explosives and supporting tools to the nearest military or police offices or local administrations in the following cases:

a/ They are ineligible for being equipped with and using under law but acquire weapons, explosives and supporting tools from any source;

b/ They have detected or collected weapons, explosives and supporting tools.

2. Military or police offices or local administrations shall immediately organize the receipt. Collection, classification, preservation and handling of weapons, explosives and supporting tools declared and handed over by organizations or individuals.

3. Weapons, explosives and supporting tools which are exhibits of or related to cases in the stage of investigation shall be received and preserved by investigation agencies. For a case terminated at the stage of investigation, the investigation agency shall decide on the handling. For a case terminated at the stage of prosecution, the procuracy shall decide on the handling. For a case terminated at the stage of adjudication, the court or trial panel shall decide on the handling.

4. The Government shall provide for the order, procedures, competence and funds for the receipt, collection, liquidation or destruction of handed-over weapons, explosives and supporting tools.

Chapter II

MANAGEMENT AND USE OF WEAPONS

Article 12. Research into, and manufacture, production and repair of weapons

1. Research into, and manufacture, production and repair of weapons comply with the law on defense industry.

2. Research into, and manufacture, production and repair of weapons at establishments or enterprises of the Ministry of Public Security comply with regulations of the Government.

Article 13. Entities equipped with military weapons

1. People's Army.

2. People's Public Security Force.

3. Militia and Self Defense Forces.

4. Forest rangers, full-time anti smuggling customs forces and border-gale customs units.

5. Aviation security force.

6. The Government shall provide for types of military weapons to be equipped for the entities prescribed in Clauses 4 and 5 of this Article.

Article 14. Criteria of weapon users

1. Persons entitled to use weapons must satisfy the following criteria:

a/ Possessing good quality and morality;

b/ Being physically fit;

c/ Being professionally trained and periodically examined in weapon use.

2. Weapon users outside the armed forces must, apart from the criteria specified in Clause I of this Article, have weapon use certificates granted by competent agencies.

Article 15. Procedures for equipment of military weapons

1. The procedures for equipping members of the People's Army and Militia and Self-Defense Forces with military weapons comply with regulations of the Minister of National Defense.

2. The procedures for equipping entities not managed by the Ministry of National Defense with military weapons are as follows:

a/ A written request for equipment with military weapons, clearly staling the demand, conditions, quantity and types of weapons already equipped, the quantity and types of weapons to be equipped for the agency, organization or unit, which bears the signature of a leader of the ministry or sector, it the requesting agency, organization or unit is at central level or of a leader of the provincial-level department or sector, if the requesting agency, organization or unit is at local level.

b/ A written request for equipment with military weapons for a ministry or central sector, which shall be sent to the Ministry of Public Security. A written request for equipment with military weapons for a provincial-level department or sector shall be sent lo the provincial-level Department of Public Security; after receiving such written request, the provincial-level Department of Public Security shall consider and report it to the Ministry of Public Security for decision;

c/ Within 10 working days after receiving a written request for equipment with military weapons, the Ministry of Public Security shall grant an equipment permit and issue a (taper of introduction and guide the requesting agency, organization or unit in carrying out the supply or transfer procedures, or transfer the case to the Ministry of National Defense for consideration and decision on the supply or transfer. In case of refusal, it shall issue a written reply clearly stating the reason.

Article 16. Grant and withdraw al of military weapon use permits

1. The procedures for grant and withdrawal of military weapon use permits applicable to entities within the People's Army or Militia and Self-Defense Forces comply with regulations of the Minister of National Defense.

2. The procedures for grant and withdrawal of military weapon use permits applicable to entities not managed by the Ministry of National Defense are as follows:

a/ Within 10 working days after being supplied or transferred will) military weapons, the equipped agency, organization or unit shall carry out the procedures to apply for a military weapon use permit. A dossier of application for a military weapon use permit comprises an application for a military weapon use permit, made by the equipped agency, organization or unit: the Ministry of Public Security's permit for equipment of military weapons; invoices-cum-ex-warehousing bills, issued by the military weapon supplier or transferor clearing slating the quantity, type, serial number, sign number of every military weapon; the paper of introduction and the people's identity card or people's public security identity card of the person appointed by such agency, organization or unit to carry out the procedures;

b/ A central agency, organization or unit equipped with military weapons shall submit a dossier of application for a military weapon use permit to the Ministry of Public Security. A local agency, organization or unit equipped with military weapons shall submit a dossier of application for a military weapon use permit to the provincial-level Department of Public Security;

c/ Within 10 working days after receiving an application dossier, the competent public security office shall consider and grant a military weapon use permit to the applicant;

d/ The military weapon use permit is valid for 5 years and shall only be granted to an equipped agency, organization or unit. If expired or lost, a permit will be re-granted. A torn permit may be changed. This permit shall be withdrawn when its holder dissolves.

Article 17. Entities to be equipped with sports weapons

1. Units of the People's Army, the People's Public Security and Militia and Self-Defense Forces.

2. Sport clubs, schools and training centers.

3. Defense-security education centers.

4. Other organizations that need to be equipped with sports weapons for sports practice and competitions, which are established and operate under licenses issued by competent state agencies.

Article 18. Procedures for equipment with sports weapons

1. A dossier of request for equipment with sports weapons comprises:

a/ A competent state agency's decision on the establishment of the requesting organization or unit. For sports establishments operating as enterprises, the business registration certificate is required;

b/ A written request for equipment with sports weapons of an organization or a unit prescribed in Clause 1, 2 or 3, Article 17 of this Ordinance approved by its direct managing agency, which must clearly state the quantities and types of sports weapons already equipped and to be additionally equipped.

For the organizations prescribed in Clause 4. Article 17 of this Ordinance, the written request must clearly state the demand for, purposes, quantity and types of sports weapons to be equipped. It must be approved by the superior managing agency.

2. Places for submission of dossiers of request for equipment of sport weapons:

a/ Local organizations and units requesting equipment of sports weapons shall submit their dossiers of request to provincial-level People's Committees.

Within 10 working days after receiving a dossier of request for equipment of sports weapons, the provincial-level People's Committee shall consider and report it to the Ministry of Culture. Sports and Tourism;

b/ Central organizations and units requesting equipment of sports weapons shall submit their dossiers of request to the Ministry of Culture, Sports and Tourism.

3. Within 10 working days after receiving a report of the provincial-level People's Committee, proposing the equipment of sports weapons or a dossier of request from a central organization or unit, the Ministry of Culture, Sports and Tourism shall consider and decide to permit the equipment of sports weapons, clearly slating the quantity, type, sign and serial number of every sports weapon: in ease of refusal, it shall issue a written reply clearly staling the reason.

Article 19. Grant and withdrawal of sports weapon use permits

1. The procedures for grant and withdrawal of sports weapon use permits applicable to entities within the People's Army and Militia and Self-Defense Forces comply with regulations of the Minister of National Defense.

2. The procedures for grant and withdrawal of sports weapon use permits applicable to entities not managed by the Ministry of National Defense are as follows:

a/ Within 10 working days after receiving spoils weapons, the equipped organization or unit shall carry out procedures lo apply for a sports weapon use permit. A dossier of application for a sports weapon use permit comprises an application for a sports weapon use permit, made by the equipped organization or unit; the decision of the Minister of Culture. Sports and Tourism permitting equipment of sports weapons, papers evidencing the lawful origin of sports weapons; and paper of introduction and people's identity card or people's public security card of the person appointed by the organization or unit to carry out the procedures;

b/ Central organizations and units equipped with spoils weapons shall submit their dossiers of application for sport weapon use permits to the Ministry of Public Security. Local organizations and units equipped with sports weapons shall submit their dossiers of application for sports weapon use permits to provincial-level Departments of Public Security;

c/ Within 10 working days after receiving the dossiers of application, competent public security offices shall consider and grant sports weapon use permits to the equipped organizations or units;

d/ The sports weapon use permit is valid for 5 years and shall be only granted lo an equipped organization or unit. If expired or lost, a permit may be re-granted; a torn permit may be changed; and a permit shall be with drawn when its holder dissolves.

Article 20. Import of military weapons and sports weapons

1. The import of military weapons and spoils weapons must be based on demands and use purposes. Imported military weapons and sports weapons must meet technical requirements and bear serial numbers, signs, types, name of country of manufacture and year of manufacture.

2. Competence to decide on the import of military weapons and sports weapons:

a/ The Prime Minister shall decide on the import of military weapons for equipment of the People's Army and Militia and Self-Defense Forces at the proposal of the Minister of National Defense;

b/ The Prime Minister shall decide on the import of military weapons for equipment of other entities at the proposal of the Minister of Public Security;

c/ The Prime Minister shall decide on the import of sport weapons at the proposal of the Minister of Culture. Sports and Tourism after reaching agreement with the Minister of National Defense and the Minister of Public Security.

Article 21. Transport of military weapons and sports weapons

1. Transport of military weapons and sports weapons must comply with the following provisions:

a/ Being under operation orders, transport orders or permits for transport of military weapons or sports weapons, which are issued by competent authorities;

b/ Being kept secret and ensuring safety;

c/ The transport of great quantities of weapons or dangerous weapons must be carried out by specialized means of transport;

d/ Not transporting military weapons, sports weapons and people on a same means of transport, except persons responsible for the transport;

e/ Not stopping or parking vehicles at crowded places, residential areas or places of important defense, security, economic, cultural or diplomatic works. If overnight stay is needed or an incident occurs while security guards are insufficient, such must be immediately notified to the nearest military office or public security office for coordinated protection.

2. The Minister of National Defense shall provide for dossiers, and the order and procedures for the grant of operation orders, orders for transport of military weapons, sports weapons to entities within the People's Army and Militia and Self-Defense Forces.

3. Competent public security offices shall grant permits for transport of military weapons or sports weapons to entities not managed by the Ministry of National Defense according to the following procedures:

a/ A dossier of application for a permit for transport of military weapons or sports weapons comprises the application of the agency, organization or unit, clearly staling the quantity and types of military weapons or sports weapons to be transported: places of departure, destination, time and transportation routes: full names and addresses of persons responsible for the transport and of drivers: license plate numbers of the means of transport: and the paper of introduction and people's identity card or people's public security identity card of the person appointed by the agency, organization or unit to carry out the procedures;

b/ Central agencies, organizations and units shall submit their dossiers of application for permits for transport of military weapons or sports weapons to the Ministry of Public Security. Local agencies, organizations and units shall submit their dossiers of application for permits for transport of military weapons or sport weapons to provincial-level Departments of Public Security;

c/ Within 5 working days after receiving the dossiers, competent public security offices shall consider and grant permits to the applicants; if refusing to grant a permit, they shall issue a written reply clearly staling the reason.

Article 22. Provisions on opening of fire

1. When protecting the national security, the opening of fire by the People's Army and Militia and Self-Defense Forces complies with regulations of the Minister of National Defense, the opening of fire by the People's Public Security Force complies with regulations of the Minister of Public Security.

2. When maintaining security and order in an organized manner, the opening of fire must follow orders of competent persons. When performing the duty independently, the opening of fire must comply with the following principles;

a/ To decide on the opening of fire based on each circumstance, nature and extent of dangerous acts of subjects:

b/ Only to open fire when there is no alternative to stop acts of subjects and subjects disobey warnings. If untimely opening of fire will directly threaten the lives and health of one's own or other persons or may cause other especially serious consequences, to open fire immediately;

c/ Not to open fire on subjects when clearly realizing that they are women, disabled persons or children, unless they use weapons or explosives to attack or resist, thus threatening the lives or health of persons on duty or other persons;

d/ In all cases of opening fire, gun users should limit (he damage caused by the opening of fire.

3. Cases of fire opening include:

a/ Subjects are using force, weapons or explosives directly threatening the lives of persons on duty or other persons;

b/ Subjects are using weapons or explosives to attack or threaten the safety of important works related to national security or important targets protected under law;

c/ Subjects are seizing guns of persons on duty;

d/ Subjects are using weapons to cause public disorder, which may cause very serious or especially serious consequences;

e/ Subjects are rescuing persons who are detained or escorted due to their especially serious crimes or dangerous recidivism: persons who are detained, held in custody, escorted due to their especially serious crimes are escaping or resisting;

f/ To be allowed to fire on road motor vehicles or inland waterway craft in order to stop them in the following cases, except those of foreign diplomatic missions, consulates and represen­tative offices of international organizations;

Drivers of such vehicles or craft attack or directly threaten the lives of persons on duty or other persons;

Clearly knowing that such vehicles or craft are operated by criminals and deliberately fleeing, unless there are passengers or hostages on board;

Clearly knowing that the deliberately fleeing vehicles, or craft are carrying criminals or illegally transported weapons, explosives, reactionary documents, stale secrets, drugs of great volume, especially rare and precious assets or national treasures, unless there are passengers or hostages on board;

g/ Animals threatening the lives and health of persons on duty or other persons.

4. Persons assigned to use guns shall not bear responsibility for damage when they open fire in accordance with this Article and other relevant laws.

Article 23. Entities to be equipped with rudimentary weapons

1. The entities defined in Articles 13 and 17 of this Ordinance.

2. Inspection teams of the market control force: full-time security boards or teams of agencies, organizations, enterprises and security service enterprises: civil judgment enforcement offices.

3. Other entities prescribed by law.

4. The Minister of National Defense shall provide for the equipment of rudimentary weapons by the People's Army and Militia and Self Defense forces. The Minister of Public Security shall provide for the equipment of rudimentary weapons by the People's Public Security and assume the prime responsibility for, and coordinate with concerned ministers and heads of ministerial-level agencies in, providing for the equipment of rudimentary weapons by other entities.

Article 24. Use of rudimentary weapons

1. Use of rudimentary weapons in protecting the national security and maintaining social order and safety, protecting the lives and health of individuals, assets of the State, collectives or individuals, or for legitimate self-defense must ensure safety, proper subjects and proper purposes.

2. The Minister of National Defense shall provide for the use of rudimentary weapons by entities within the People's Army and Militia and Self-Defense Forces. The Minister of Public Security shall provide for the use of rudimentary weapons by entities within the People's Public Security, and other entities.

Chapter III

MANAGEMENT AND USE OF EXPLOSIVES

Article 25. Research into and production and trading of explosives

1. The research into and production of military explosives comply with the law on defense industry.

2. The research into industrial explosives complies with the following provisions:

a/ The research into and development and test of industrial explosives shall be carried out by scientific and technological organizations or industrial explosive production enterprises on the basis of research schemes approved by competent agencies;

b/ The production deployment or transfer of technology for industrial production shall be carried out at qualified industrial explosives production establishments under regulations and permits of competent state agencies.

3. The production of industrial explosives must comply with the following provisions:

a/ Industrial explosive producers must be enterprises with 100% slate capital, which are tasked by the Prime Minister at the proposal of the Ministry of Industry and Trade, the Ministry of Public Security or the Ministry of National Defense;

b/ Types of products and scale of production must conform to the master plan on development of industrial explosives and meet quality and technical safely standards and specifications;

c/ Industrial explosive workshops and storehouses must meet the conditions on security and order and ensure a safety distance for facilities and entities in need of protection. Workshops and storehouses of production technologies, equipment and vehicles must be properly designed and constructed to meet the requirements on fire prevention and fighting, explosion prevention, lightning arrester, electrostatic control, safety and environmental protection;

d/ Managers, workers and laborers involved in the production of industrial explosives must satisfy the requirements on security and order; possess relevant professional qualifications and be trained in safety techniques, fire prevention and fighting and response to incidents in the production of industrial explosives;

e/ Industrial explosive producers may produce and sell products of proper types to industrial explosive dealing enterprises; the import or entrusted import, purchase of pre-explosive substances may be only carried out between industrial explosive-producing and -dealing enterprises.

f/ Industrial explosive products must hear signs and information on their place of production, year of production and expiry date.

4. Industrial explosive dealing must comply with the following provisions:

a/ Industrial explosive and pro-explosive substance dealers must be enterprises with 100% state capital, which are tasked by the Prime Minister at the proposal of the Ministry of Industry and Trade, the Ministry of Public Security or the Ministry of National Defense;

b/ Storehouses, wharves and places for receipt, loading and unloading of industrial explosives must satisfy the conditions on security and order and ensure a safety distance for facilities and entities in need of protection;

c/ Storehouses, handling equipment, means of transport, equipment and tools used in dealing activities must be properly designed and constructed, meeting the requirements on preservation and transport of industrial explosives and on fire prevention and fighting;

d/ Managers, workers and laborers involved in industrial explosive dealing must satisfy the requirements and standards on security and order; possess appropriate professional qualifications and be trained in safety techniques, fire prevention and fighting and response to incidents in industrial explosive dealing activities;

e/ Industrial explosive dealers may only sell industrial explosives on Vietnamese lists of explosives to organizations licensed to use industrial explosives: and buy back surplus and unused industrial explosives from these organizations;

1/ Industrial explosive dealers may only deal in pre-explosive substances and industrial explosives in accordance with their business licenses and permits for export or import of pre-explosive substances and industrial explosives.

Article 26.Transport of industrial explosives

1. Carriers of industrial explosives must satisfy the following conditions:

a/ Being enterprises with a business registration certificate for transport of commodities, or organizations or units licensed to produce, deal in or use industrial explosives;

b/ Having means fully qualified for transport of industrial explosives under the standards and norms on safety techniques in activities related to industrial explosives;

c/ Meeting the safely conditions on fire prevention and fighting;

d/ Managers, drivers, escorts and other workers involved in the transport of industrial explosives must meet the requirements on security and order: possess professional qualifications corresponding to their respective positions and responsibilities, and be trained in fire prevention and fighting;

e/ Possessing a permit for transport of industrial explosives or an order for transport of industrial explosives;

f/ Displaying signs showing that the means are carrying industrial explosives.

2. Persons transporting industrial explosives must observe the following provisions:

a/ To strictly comply with the contents of the orders for transport of industrial explosives or permits for transport of industrial explosives;

b/ To cheek the slate of commodities before departure or alter each slop or parking and immediately redress am incidents;

c/ To draw up plans to ensure safe transport, security, order, fire prevention and fighting; and to apply measures to respond to emergency incidents;

d/ To fully carry out the procedures for forwarding goods and documents related to industrial explosives;

e/ Not to stop or park vehicles at crowded places, residential areas, near filling stations, places with important defense, security, economic, cultural or diplomatic works; not to transport them under abnormal weather conditions. In case overnight slay is needed or an incident occurs, to immediately notify such lo the nearest military or public security offices for coordinated protection.

3. A dossier of application for a permit for transport of industrial explosives comprises:

a/ An application for a permit, clearly slating the reason, volumes of explosives, places of departure and destination, transport time and routes; full names and addresses of persons responsible for the transport and drivers; license plate number of carrying means of transport;

b/ Certified copies of the business registration certificates, certificates of full satisfaction of security and order conditions for industrial explosive production, dealing and use of organi­zations or units that receive industrial explosives;

c/ Paper of introduction of the person appointed to carry out the procedures, enclosed with any of the following papers: people's identity card, people's army identity card, people's public security identity card or certificate as provided by the Minister of Public Security or the Minister of National Defense.

Within 3 working days after receiving a complete dossier of application, the agency competent to grant permits for transport of industrial explosives shall consider and grant a permit: in case of refusal, they shall issue a written reply clearly stating the reason.

5. The Minister of National Defense shall provide for the grant, withdrawal and suspension from grant of permits for transport of industrial explosives to entities managed by the Ministry of National Defense. The Minister of Public Security shall provide for the grant, withdrawal and suspension from grant of permits for transport of industrial explosives to entities not managed by the Ministry of National Defense.

Article 27. Use of industrial explosives

1. Users of industrial explosives must fully meet the following conditions:

a/ They are set up under law and register business activities in the sectors or domains requiring the use of industrial explosives;

b/ Their minerals or petroleum exploitation activities or construction works, research or tests require the use of industrial explosives;

c/ Their storehouses, technologies, equipment, means and tools for the use of industrial explosives satisfy technical standards and norms;

d/ The locations for use of industrial explosives meet security and order conditions;

e/ Mine explosion managers, commanders and workers as well as other persons involved in mine explosion must satisfy security and order requirements: possess professional qualifications relevant to their posts and responsibilities, and he trained in fire fighting techniques.

2. Users of industrial explosives shall comply with the following provisions:

a/ To buy only industrial explosives on Vietnamese lists of industrial explosives from lawful explosive dealers;

b/ To sell back surplus or unused industrial explosives to lawful industrial explosive dealers;

c/ To appoint mine explosion commanders and fully observe regulations on standards and norms on safety in the use of industrial explosives upon mine explosion;

d/ To have mine explosion designs and plans approved by agencies granting permits for mine explosion and permitted by provincial-level People's Committees, which are conformable to their production, and spell out measures to ensure safety in mine explosion, and the supervision of use and destruction of industrial explosives during and alter mine explosion.

3. The Government shall provide for the grant of permits for use and supervision of the use and destruction of industrial explosives during and after mine explosion.

Article 28. Transport of military explosives

1. Transport of military explosives must comply with the following provisions:

a/ There must be operation orders, transport orders or transport permits, issued by competent authorities;

b/ It must be kept secret and safe;

c/ The transport of great volumes or dangerous types must be carried out by specialized means;

d/ Not to transport military explosives and people on the same means, except persons responsible for the transport;

e/ Not to stop or park transport means at crowded places, residential areas and places with important defense, security, economic, cultural or diplomatic works. If overnight stay is needed or an incident occurs, it shall be notified to the nearest military or public security offices for coordinated protection when necessary.

2. The Minister of National Defense shall provide for dossiers, the order and procedures for the grant of operation orders and orders on transport of military explosives to entities managed by the Ministry of National Defense. The Minister of Public Security shall provide for dossiers and the order and procedures for the grant of permits for transport of military explosives to entities managed by the Ministry of Public Security.

Chapter IV

MANAGEMENT AND USE OF SUPPORTING TOOLS

Article 29. Research into, and manufacture, production and repair of supporting tools

1. Research into, and manufacture, production and repair of supporting tools shall be carried out at establishments or enterprises of the Ministry of Public Security or the Ministry of National Defense.

2. In case establishments or enterprises of the Ministry of Public Security or the Ministry of National Defense cannot undertake the research, production or repair, bidding or goods order placement can be applied at qualified establishments or enterprises under regulations of the Government,

3. Home-made supporting tools must be fixed with serial numbers, signs, name of country of manufacture, name of production establishment, year of production, expiry date and category.

4. The Minister of Public Security and the Minister of National Defense shall specify the management of establishments researching into, manufacturing, producing and repairing supporting tools.

Article 30. Entities to be equipped with supporting tools

1. Supporting tools shall be equipped for entities prescribed by law.

2. For other entities that need to be equipped with supporting tools, the Minister of Public Security shall, based on the nature and requirements of their tasks, assume the prime responsibility for and coordinate with concerned ministers or heads of ministerial-level agencies in. submitting the cases to the Prime Minister for decision.

3. The Minister of National Defense shall provide for equipment of the People's Army and Militia and Sell-Defense Forces with supporting tools. The Minister of Public Security shall provide for equipment of the People's Public Security with supporting tools, and assume the prime responsibility for, and coordinate with concerned ministers and heads of ministerial-level agencies in. providing for equipment of other entities with supporting tools.

Article 31. Transport of supporting tools

1. Transport of supporting tools must ensure safety strictly according to regulations of the Minister of National Defense or the Minister of Public Security.

2. Transport of supporting tools in great quantity or of dangerous types must comply with the following provisions:

a/ There must be operation orders, transport orders or transport permits issued by competent authorities prescribed by the Minister of National Defense or the Minister of Public Security;

b/ It must he kept secret and safe;

c/ It is carried out by specialized means;

d/ Not to carry supporting tools and people on a same means, except persons responsible for the transport;

e/ Not to stop or park vehicles at crowded places, population areas or places with important defense, security, economic, cultural or diplomatic works. If overnight stay or long stop on road is required due to an incident, when security guards are inadequate for protection, this must be immediately notified to the nearest military or public security offices for coordinated protection.

Article 32. Import, export and trading of supporting tools

1. The import, export and trading of supporting tools shall be undertaken by establishments or enterprises of the Ministry of Public Security or the Ministry of National Defense, and qualified organizations or enterprises as prescribed by the Prime Minister.

2. Imported, exported and traded supporting tools must satisfy the requirements on standards and technical norms: name of manufacturing country, manufacturer, year of manufacture, expiry date, type and sign on each supporting tool.

Based on annual demands of the entities prescribed in Clauses 1 and 2. Article 30 of this Ordinance, the Minister of National Defense shall decide on the import of supporting tools for equipment of the People's Army and Militia and Self-Defense Forces: the Minister of Public Security shall decide on the import of supporting tools for equipment of entities not managed by the Ministry of National Defense.

Export of supporting tools shall he considered and decided by the Minister of National Defense or the Minister of Public Security.

3. Dealing in supporting tools

a/ Establishments, enterprises and organizations dealing in supporting tools must meet the conditions on security and order;

b/ Only to transfer and sell supporting tools to entities permitted to be equipped under this Ordinance.

Article 33.Use of supporting tools

1. Persons assigned to use supporting tools may, when on duty, use supporting tools in the following cases:

a/ The cases prescribed in Clause 3, Article 22 of this Ordinance;

b/ Stopping persons who arc directly threatening the lives or health of others;

c/ Arresting people under law;

d/ Exercising legitimate self-defense under law.

2. The Minister of Public Security shall provide for the use of each type of supporting tools.

Chapter V

STATE MANAGEMENT OF WEAPONS, EXPLOSIVES AND SUPPORTING TOOLS

Article 34. Contents of state management of weapons, explosives and supporting tools

1. Promulgating, and organizing the implementation of, legal documents on management and use of weapons, explosives and supporting tools.

2. Organizing apparatuses for training its the management and use of weapons, explosives and supporting tools.

3. Promulgating, amending, supplementing and publicizing lists of weapons, explosives and supporting tools.

4. Setting standards and technical norms for weapons, explosives and supporting tools: and standards for weapon, explosive and supporting tool storehouses.

5. Organizing the registration, grant, change and withdrawal of permits in the management and use of weapons, explosives and .supporting tools.

6. Organizing the prevention and combat of violations of the law on management and use of weapons, explosives and supporting tools.

7. Organizing scientific and technological research and application to the management and use of weapons, explosives and supporting tools.

8. Making state statistics on weapons, explosives and supporting tools.

9. Propagating, disseminating and educating in the law on the management of weapons, explosives and supporting tools.

10. Promoting international cooperation in the management and use of weapons, explosives and supporting tools.

11. Checking, inspecting and settling complaints and denunciations; giving commendation and rewards, and handling violations of the law on management and use of weapons, explosives and supporting tools.

Article 35. Responsibilities for state management of weapons, explosives and supporting tools

l. The Government shall perform the unified state management of weapons, explosives and supporting tools.

2. The Ministry of Public Security, the Ministry of National Defense and the Ministry of Industry and Trade shall perform the stale management of weapons, explosives and supporting tools under this Ordinance and the Government's assignment.

3. Ministries and ministerial-level agencies shall, within the ambit of their respective tasks and powers and under the Government's assignment, perform the state management of weapons, explosives and supporting tools.

4. The Peoples Committees at different levels shall, within the ambit of their tasks and powers, perform the state management of weapons, explosives and supporting tools in their respective localities.

Article 36. Handling of violations

1. If there are grounds to believe that weapons, explosives or supporting tools arc illegally hidden on human bodies or on board means of transport, the functional forces on duly shall inspect, search for and seize such weapons, explosives or supporting tools and temporarily seize the persons and means of transport for handling under law.

2. Agencies, organizations or persons that commit acts in violation of this Ordinance and other relevant laws on management and use of weapons, explosives and supporting tools, shall, depending on the nature and severity of their violations, be administratively handled: if causing damage, they shall pay compensations. Individual violators may also he examined for penal liability under law.

3. Agencies, organizations or persons that cover up violators of the law on management and use of weapons, explosives and supporting tools or show irresponsibility in the management and use of weapons, explosives and supporting tools, causing serious consequences, shall, depending on the nature and severity of their violations, be administratively handled: if causing damage, they shall pay compensations: individuals violators may also be disciplined or examined for penal liability under law.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 37. Effect

This Ordinance takes effect on January 1, 2012.

Article 38. Implementation detailing and guidance

The Government shall detail and guide clauses and articles assigned to it in this Ordinance; and guide other necessary contents of this Ordinance to meet state management requirements.-

 

 

ON BEHALF OF THE NATIONAL ASSEMBLY STANDING COMMITTEE
CHAIRMAN




Nguyen Phu Trong

 

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              Ordinance No. 16/2011/UBTVQH12 on management and use of weapons, explosives
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