JOINT CIRCULAR No. 01/2014/TTLT-BNNPTNT-BCA ON THE PROVISION, MANAGEMENT, AND USE OF MILITARY WEAPONS AND AUXILIARY TOOLS FOR FOREST RANGERS AND SPECIALIZED FOREST PROTECTION FORCES

JOINT CIRCULAR

Provisions on equipping, managing, and using military weapons and support tools for forest rangers and specialized forest protection forces

and specialized forest protection forces

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Pursuant to the Ordinance on Management and Use of Weapons, Explosives, and Support Tools 2011; the Ordinance Amending and Supplementing Certain Articles of the Ordinance on Management and Use of Weapons, Explosives, and Support Tools 2013;

Pursuant to Decree No. 119/2006/NĐ-CP dated October 16, 2006 on the Organization and Operation of Forest Rangers;

Pursuant to Decree No. 199/2013/NĐ-CP dated November 26, 2014 stipulating the Functions, Tasks, Authorities, and Organizational Structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decree No. 77/2009/NĐ-CP dated September 15, 2009 stipulating the Functions, Tasks, Authorities, and Organizational Structure of the Ministry of Public Security;

Pursuant to Decree No. 117/2010/NĐ-CP dated December 24, 2010 on the Organization and Management of Specialized Forests;

Pursuant to Decree No. 25/2012/NĐ-CP dated April 5, 2012 detailing the implementation of certain provisions of the Weapons Management and Use Law;

Pursuant to Decree No. 26/2012/NĐ-CP dated April 5, 2012 stipulating the Procedures, Formalities, Authorities, and Funding for the Reception, Collection, Classification, Storage, Liquidation, and Destruction of Weapons, Explosives, and Support Tools;

Pursuant to Decision No. 07/2012/QĐ-TTg dated February 8, 2012 of the Prime Minister promulgating certain policies to strengthen forest protection work;

The Minister of Agriculture and Rural Development and the Minister of Public Security issue this Joint Circular stipulating provisions on equipping, managing, and using military weapons and support tools for forest ranger forces and specialized forest protection forces.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the management and use of military weapons and support tools for forest ranger forces and specialized forest protection forces.

Article 2. Applicability

This Circular applies to:

1. Forest Ranger Forces.

2. Specialized Forest Protection Forces.

3. Agencies, organizations, and individuals related to the equipping, managing, and using of military weapons and support tools for forest ranger forces and specialized forest protection forces.

Article 3. Principles for Equipping, Managing, and Using Military Weapons and Support Tools

1. Compliance with the provisions of the Ordinance on Management and Use of Weapons, Explosives, and Support Tools, relevant legal regulations, and the provisions of this Circular.

2. Ensuring quality, effectiveness of operations, and meeting the requirements of forest ranger forces and specialized forest protection forces.

Article 4. Types of military weapons and support tools equipped for fisheries inspection forces.

4. Military weapons and support tools shall only be assigned to those directly performing patrol, forest protection, inspection, control of forest products, handling acts of illegal deforestation, encroachment on forests and forest land, and crackdown on points of illegal logging, buying, selling, transporting, storing, processing, and trading of forest products in violation of the law.

Article 4. Types of Military Weapons and Support Tools Equipped for Forest Ranger Forces

1. Military weapons include:

a) Pistols, submachine guns;

b) Various types of ammunition for the firearms specified in point a, Clause 1 of this Article.

a) Various types of rubber bullets, beanbag rounds, pepper spray, tear gas, tranquilizer, magnetic, laser, signal flares, and ammunition for these firearms;

a) Firearms used to shoot rubber bullets, tear gas, sedatives, signal flares, and various types of ammunition for these firearms;

b) Tear gas spraying devices, sedative spraying devices;

c) Electric batons, rubber batons;

d) Body armor, knife-catching gloves, bulletproof helmets, handcuffs;

đ) Service animals.

Article 5. Types of Support Tools Equipped for Specialized Forest Protection Forces

Based on actual needs and operational circumstances, specialized forest protection forces may be equipped with the following types of support tools:

1. Electric batons, rubber batons.

2. Tear gas spraying devices.

3. Body armor, knife-catching gloves.

4. Bulletproof helmets.

Chapter II

MANAGEMENT AND USE OF MILITARY WEAPONS AND SUPPORT TOOLS

Article 6. Subjects to be equipped with military firearms

1. The Forest Protection Department.

2. Provincial Forest Protection Branches under centrally governed cities (hereinafter referred to as Provincial Forest Protection Branches).

3. District Forest Protection Stations under counties, districts, provincial cities (hereinafter referred to as District Forest Protection Stations).

4. National Park Forest Protection Stations, Special Purpose Forest Protection Stations, Protective Forest Protection Stations.

5. Forest Protection Regions, Special Task Forest Protection Teams, Mobile Forest Protection and Firefighting Teams.

6. Forest Protection Border Stations, Forest Protection Gate Stations.

Article 7. Subjects to be assigned to use military firearms and auxiliary tools

1. Heads of agencies and units specified in Article 6 of this Circular shall be responsible for assigning military firearms and support tools to forest rangers who meet the criteria stipulated in Article 11 of this Circular to directly perform patrol, forest protection, inspection, control of forest products, handling acts of deforestation, encroachment on forests and forest land, crackdown on illegal logging, buying, selling, transporting, storing, processing, and trading of forest products.

2. Heads of units with dedicated forest protection forces shall be responsible for assigning support tools to dedicated forest protection staff who meet the criteria stipulated in Clause 2 of Article 11 of this Circular to perform forest protection tasks.

Article 8. Use of Military Firearms

When performing official duties, individuals assigned to use military firearms must comply strictly with the provisions of the law. The act of firing a gun must comply with the provisions of Article 22 of the Ordinance on Management and Use of Firearms, Explosives, and Support Tools, Article 9 of Decree No. 25/2012/ND-CP dated April 5, 2012 detailing certain provisions of the Ordinance on Management and Use of Firearms, Explosives, and Support Tools (hereinafter referred to as Decree No. 25/2012/ND-CP), and other current laws regarding the use of military firearms while performing official duties.

Article 9. Subjects to be equipped with support tools

1. The subjects specified in Article 6 of this Circular.

2. Specialized Forest Protection Forces.

Article 10. Use of support tools

When performing official duties, individuals assigned to use support tools must comply with the provisions of Article 33 of the Ordinance on Management and Use of Firearms, Explosives, and Support Tools, Clause 4 of Article 24 of Decree No. 25/2012/ND-CP, and Clause 2 of Article 18 of Circular No. 30/2012/TT-BCA dated May 29, 2012 issued by the Minister of Public Security detailing certain provisions of the Ordinance on Management and Use of Firearms, Explosives, and Support Tools and the Decree detailing certain provisions of the Ordinance.

Article 11. Criteria for individuals assigned to use military firearms and support tools

1. Criteria for Individuals Assigned to Use Military Firearms:

a) They must have good moral qualities;

b) Having health suitable for the assigned work, certified by a healthcare facility at district level or higher;

c) Having been trained in specialized skills, periodically tested on firearm usage skills, and certified by the competent authority to use firearms.

2. Individuals assigned to use auxiliary tools must be trained in the functions, effects, and skills of using auxiliary tools.

Article 12. Plan for equipping military firearms and support tools for the Forest Protection Force

1. The Forest Protection Department shall develop plans for equipping military firearms and support tools for subordinate units under the Forest Protection Department and National Park Forest Protection Stations under the Forestry General Department.

2. Provincial Forest Protection Branches shall develop plans for equipping military firearms and support tools for subordinate units and District Forest Protection Stations, Special Purpose Forest Protection Stations, and Protective Forest Protection Stations within their provinces.

3. The Forestry General Department shall develop a comprehensive plan for equipping military firearms and support tools for the Forest Protection Force nationwide based on the plans of the Forest Protection Department and Provincial Forest Protection Branches, to be submitted to the Minister of Agriculture and Rural Development for consideration and decision on equipping.

Article 13. Issuance, Transfer, and Recovery of Military Weapons and Support Tools for Forest Rangers

1. The Minister of Agriculture and Rural Development decides on the issuance, transfer, and recovery of military weapons and support tools for forest rangers nationwide based on the proposal of the Director General of the Forestry General Department.

2. The Director of the Forest Ranger Department implements the issuance, transfer, and recovery of military weapons and support tools for units under the Forest Ranger Department, National Park Ranger Stations under the Forestry General Department.

3. The Director of the Forest Ranger Branch implements the issuance, transfer, and recovery of military weapons and support tools for units under the Branch, County Ranger Stations, Specialized Forest Ranger Stations, Protective Forest Ranger Stations within the province.

4. The issuance, transfer, and recovery of military weapons and support tools must be decided in writing. Within ten days from the date of signing the decision on issuance, transfer, and recovery of military weapons and support tools, those persons with authority as stipulated in Clause 2 and 3 of this Article must report in writing to the agency issuing permits for the use of military weapons and support tools and the Forestry General Department for monitoring and management.

Article 14. Storage and Handover of Military Weapons and Support Tools

1. Military weapons and support tools must be centrally managed and stored in the weapon storage facility of the agency or unit equipped and using them. The weapon storage facility must meet technical and safety standards as prescribed by law.

2. The head of the agency or unit equipped and using military weapons and support tools must assign personnel meeting the criteria specified in Article 15 of this Circular to manage and store military weapons and support tools. The person assigned to manage the weapon storage facility must strictly implement inspection and storage procedures as prescribed.

3. The transfer of military weapons and auxiliary equipment must be recorded in logbooks and signed by both the giver and the receiver.

4. Forest Ranger officers, staff, and employees responsible for managing and storing military weapons and support tools when completing their tasks, upon expiration of the assigned period, transferring jobs, retiring, resigning, or failing to meet the conditions and criteria for managing and storing military weapons and support tools as prescribed by law must hand over all military weapons and support tools and related files and records to the directly managing agency or unit.

5. The head of the agency or unit equipped with military weapons and support tools is responsible for managing and using military weapons and support tools according to the provisions of the law.

Article 15. Criteria for Personnel Assigned to Manage Weapon Storage Facilities

1. Good moral character.

2. Suitable health for the assigned work.

3. Hold a professional certificate in weapon management and support tool management, and a fire prevention and firefighting training certification issued by the competent authority.

4. Be familiar with internal regulations and management and storage procedures for weapon storage facilities.

Article 16. Repair, Submission, and Liquidation of Military Weapons and Support Tools

1. The Forest Ranger Department is responsible for compiling the quantity and types of military weapons and support tools damaged by units under the Forest Ranger Department and National Park Ranger Stations under the Forestry General Department to process repairs as prescribed by law.

2. The Forest Ranger Branch is responsible for compiling the quantity and types of military weapons and support tools damaged by units under the Branch and County Ranger Stations, Specialized Forest Ranger Stations, Protective Forest Ranger Stations within the province to process repairs as prescribed by law.

3. The forest owner where specialized forest protection forces are stationed is responsible for processing repairs for support tools for specialized forest protection forces as prescribed by law.

4. For military weapons and support tools that cannot be repaired or have exceeded their service life, the head of the agency or unit equipped with such items must compile and transfer them to the police agency issuing usage permits for disposal as prescribed by law. Within ten days from the date of submission of military weapons and support tools to the police agency, the head of that agency or unit is responsible for reporting the results of the submission in writing to the Forest Ranger Department for monitoring.

Article 17. Training, instruction, issuance of certificates on management and use of military weapons and auxiliary tools

The head of agencies and units equipped with military weapons and auxiliary tools shall be responsible for coordinating with authorized public security agencies to organize training and instruction on the business of managing and using military weapons and auxiliary tools for forest rangers and specialized forest protection staff to obtain certificates on managing and using military weapons and auxiliary tools in accordance with the law.

Article 18. Funding for equipping, managing, and using military weapons and auxiliary tools

1. Funding for purchasing, distributing, transferring, repairing, recovering military weapons and auxiliary tools for forest ranger forces nationwide, constructing storage facilities for military weapons and auxiliary tools, and training and instructing on managing and using military weapons and auxiliary tools for units under the Forest Protection Department and National Park Ranger Stations directly under the Forestry General Department shall be provided from the budget of the Ministry of Agriculture and Rural Development.

2. Funding for constructing storage facilities for military weapons and auxiliary tools, and training and instructing on managing and using military weapons and auxiliary tools for district-level Forest Protection Agencies, county-level Ranger Stations, special-purpose forest Ranger Stations, and protective forest Ranger Stations within the province shall be implemented from the local forest protection budget.

3. Funding for purchasing, repairing auxiliary tools, constructing storage facilities for auxiliary tools, and training and instructing on managing and using auxiliary tools for specialized forest protection forces shall be borne by the forest owner.

Article 19. Information and Reporting System

1. Every six months and annually, the Forest Protection Department, District-level Forest Protection Agencies, and National Park Ranger Stations directly under the Forestry General Department shall report to the Forestry General Department and the public security agency issuing permits for the use of military weapons and auxiliary tools about the situation of managing and using military weapons and auxiliary tools of their own agencies and units. Six-month reports shall be submitted before July 15, and annual reports shall be submitted before January 15 of the following year.

2. In case of loss of military weapons, auxiliary tools, or permits for the use of military weapons and auxiliary tools, the head of the agency or unit equipped with military weapons and auxiliary tools shall immediately report to the nearest public security agency and the public security agency issuing permits for coordination in handling and searching; at the same time, submit a written report to the Forestry General Department immediately upon discovering the loss of military weapons, auxiliary tools, or permits for the use of military weapons and auxiliary tools.

Chapter III

RESPONSIBILITIES IN MANAGING AND USING MILITARY WEAPONS AND AUXILIARY TOOLS

OF FOREST RANGER FORCES AND SPECIALIZED FOREST PROTECTION FORCES

Article 20. Responsibilities of the Ministry of Agriculture and Rural Development

1. Deciding on the provision of military weapons and auxiliary tools for forest ranger forces nationwide.

2. Directing the Forestry General Department to instruct the Forest Protection Department to implement:

a) Purchasing, providing, repairing, and managing military weapons and auxiliary tools for forest ranger forces in accordance with the law;

b) Inspecting compliance with regulations on managing and using military weapons and auxiliary tools for forest ranger forces and specialized forest protection forces;

c) Establishing a common database on the work of managing and using military weapons and auxiliary tools for forest ranger forces and specialized forest protection forces;

d) Compiling reports on the situation of managing and using military weapons and auxiliary tools for forest ranger forces and specialized forest protection forces;

đ) Performing other tasks related to the work of managing and using military weapons and auxiliary tools for forest ranger forces and specialized forest protection forces when assigned.

Article 21. Responsibilities of the Ministry of Public Security

1. Directing public security units and localities:

a) Issuing various types of permits, certificates, and licenses related to managing and using military weapons and auxiliary tools for forest ranger forces and specialized forest protection forces in accordance with the law.

b) Cooperating in inspecting and urging the management and use of military weapons and auxiliary tools for forest ranger forces and specialized forest protection forces in accordance with the law.

2. Assigning the Administrative Management General Department of Public Order and Social Security to coordinate with the Forestry General Department to perform the following tasks:

a) Inspecting and guiding the implementation of the management and use of military weapons and auxiliary tools for forest ranger forces and specialized forest protection forces;

b) Organizing training on the business of managing and using military weapons and auxiliary tools for forest ranger forces and specialized forest protection forces.

Article 22. Responsibilities of the Heads of Forest Protection Agencies and Units and Specialized Forest Protection Forces

1. Implement the management and use of military weapons and auxiliary tools of their agencies and units in accordance with this Circular and other relevant legal documents on the management and use of military weapons and auxiliary tools.

2. Strictly comply with inspection, supervision, and reporting procedures as prescribed.

Article 23. Responsibilities of Provincial Public Security Departments and Municipal Public Security Departments under the Central Government

1. Coordinate with the Forest Protection Inspection Office to guide and inspect the management and use of military weapons and auxiliary tools for the Forest Protection Force and specialized forest protection forces within their provinces.

2. Coordinate with the Forest Protection Inspection Office to organize training sessions on the management and use of weapons and auxiliary tools for the Forest Protection Force and specialized forest protection forces in accordance with the law.

3. Carry out classification, disposal, and destruction of military weapons and auxiliary tools provided to the Forest Protection Force and specialized forest protection forces in accordance with the law.

Chapter IV

IMPLEMENTATION

Article 24. Effective Date

This Circular takes effect from March 10, 2014, and replaces Decision No. 94/2000/BNN-KL dated August 24, 2000, issued by the Minister of Agriculture and Rural Development on the issuance of regulations on the management and use of military weapons and auxiliary tools in the Forest Protection Force.

Article 25. Responsibilities for Implementation

1. The Director of the Forest Administration assists the Minister of Agriculture and Rural Development, and the Director of the Administrative Police General Department assists the Minister of Public Security in guiding and inspecting the implementation of this Circular.

2. The heads of agencies and units under the Ministry of Agriculture and Rural Development and the Ministry of Public Security; the Chiefs of Forest Protection Inspection Offices, Directors of Departments of Agriculture and Rural Development, Directors of Provincial Public Security Departments and Municipal Public Security Departments under the Central Government, Directors of Fire Prevention and Fighting Departments, and related organizations and individuals are responsible for implementing this Joint Circular.

During the implementation process, if there are difficulties or obstacles, organizations and individuals shall report to the Ministry of Agriculture and Rural Development (through the Forest Administration) and the Ministry of Public Security (through the Administrative Police General Department) for timely guidance./.