Joint Circular No. 01/2015/TTLT-BCA-BNNPTNT stipulates on equipping, managing, and using military weapons, auxiliary tools, and specialized equipment for fisheries inspection forces.

JOINT CIRCULAR

Provisions on equipping, managing, and using military weapons, support tools, and specialized equipment for fisheries inspection forces.

Based on the Ordinance on Management and Use of Weapons, Explosives Materials, and Support Tools dated June 30, 2011; the Ordinance Amending and Supplementing Certain Articles of the Ordinance on Management and Use of Weapons, Explosives Materials, and Support Tools dated July 12, 2013 (hereinafter referred to as the Ordinance on Management and Use of Weapons, Explosives Materials, and Support Tools).concerning the classification and determination of state management authority in the field of crop production

________________

Based on Decree No. 25/2012/NĐ-CP dated April 5, 2012 detailing the implementation of certain articles of the Ordinance on Management and Use of Weapons, Explosives Materials, and Support Tools (hereinafter referred to as Decree No. 25/2012/NĐ-CP); Decree No. 76/2014/NĐ-CP dated July 29, 2014 detailing certain articles of the Ordinance Amending and Supplementing Certain Articles of the Ordinance on Management and Use of Weapons, Explosives Materials, and Support Tools (hereinafter referred to as Decree No. 76/2014/NĐ-CP).

Based on Decree No. 102/2012/NĐ-CP dated November 29, 2012 on the organization and operation of Fisheries Inspectors.

Based on Decree No. 199/2013/NĐ-CP dated November 26, 2013 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development.

The Minister of Public Security and the Minister of Agriculture and Rural Development issue this Joint Circular to provide provisions on equipping, managing, and using military weapons, support tools, and specialized equipment for fisheries inspection forces.

Pursuant to Decree No. 106/2014/NĐ-CP dated November 17, 2014, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

This Circular provides provisions on principles, types, subjects, plans, funding, distribution, transfer, recovery, storage, handover, repair, training, reporting, information systems, and responsibilities in managing and using military weapons, support tools, and specialized equipment for fisheries inspection forces.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. Fisheries inspectors.

Article 2. Applicability

This Circular applies to:

2. Crew members of fisheries inspection vessels.

3. Agencies, organizations, and individuals related to the equipping, managing, and using of military weapons, support tools, and specialized equipment for fisheries inspection forces.

Article 3. Principles for equipping, managing, and using military weapons, support tools, and specialized equipment for fisheries inspection forces.

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

2. Ensuring quality, effectiveness of operations, and meeting the requirements of fisheries inspection work.

3. Ensuring standards, plans, and appropriate users.

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

1. Types of military weapons equipped for fisheries inspection forces are specified in Article 9 of Decree No. 76/2014/NĐ-CP.

2. Support tools include:

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

c) Smoke grenades, pepper grenades, explosive devices;

4. Flammable substances, flammable objects, and fire-starting objects.

d) Electric batons, rubber batons, metal batons, handcuffs, various types of bulletproof vests, electric gloves, knife-catching gloves, shields, bulletproof helmets.

Article 5. Establishing plans for equipping and funding to ensure the equipping, managing, and using of military weapons, support tools, and specialized equipment for fisheries inspection forces.

1. The Fisheries Inspection Department establishes plans for equipping military weapons, support tools, and specialized equipment for fisheries inspection forces based on the aggregated reports from subordinate units submitted to the Director of the Fisheries General Department for review and decision by the Minister of Agriculture and Rural Development.

2. Funding to ensure procurement, distribution, transfer, repair, recovery, construction of warehouses and storage facilities, and training in management and use of military weapons, support tools, and specialized equipment for fisheries inspection forces is allocated from the state budget for the Ministry of Agriculture and Rural Development.

EQUIPPING, MANAGING, AND USING MILITARY WEAPONS,

Chapter II

EQUIPMENT, MANAGEMENT, USE OF MILITARY WEAPONS,

AUXILIARY TOOLS

Article 6. Subjects to be equipped with military firearms and auxiliary tools

1. The Fisheries Surveillance Service.

2. Regional Fisheries Surveillance Branch.

3. Fisheries Surveillance Team.

4. Fisheries Surveillance Station.

5. Fisheries Surveillance Vessel.

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

1. Subjects to be assigned to use military firearms

a) The head of the agencies and units specified in Clauses 1, 2, and 3 of Article 6 of this Circular shall be responsible for assigning short-barreled rifles, submachine guns, and ammunition for these types of firearms to Fisheries Inspectors and Crew Members of Fisheries Surveillance Vessels who meet the criteria stipulated in Clause 1 of Article 10 of this Circular to directly perform patrol, inspection, supervision, inspection, and handling of violations of fisheries laws in Vietnam's maritime areas;

b) The Director of the Fisheries Surveillance Service shall be responsible for assigning medium machine guns, heavy machine guns, 14.5 mm (millimeter) guns equipped on Fisheries Surveillance Vessels and ammunition for these types of firearms to Crew Members of Fisheries Surveillance Vessels who meet the criteria stipulated in Clause 1 of Article 10 of this Circular to directly perform patrol, inspection, supervision, inspection, and handling of violations of fisheries laws in Vietnam's maritime areas.

2. Subjects to be assigned to use auxiliary tools

The head of the agencies and units specified in Clauses 1, 2, 3, and 4 of Article 6 of this Circular shall be responsible for assigning auxiliary tools to Fisheries Inspectors and Crew Members of Fisheries Surveillance Vessels who meet the criteria stipulated in Clause 2 of Article 10 of this Circular to directly perform Fisheries Surveillance duties.

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 adhere to the provisions set forth in Article 22 of the Ordinance on Management and Use of Firearms, Explosives, and Auxiliary Tools, Article 9 of Decree No. 25/2012/NĐ-CP, consistent with the Constitution of 2013 and other current legal provisions regarding the use of military firearms while performing official duties.

Article 9. Use of Auxiliary Tools

When performing official duties, individuals assigned to use auxiliary tools must comply with the provisions set forth in Article 33 of the Ordinance on Management and Use of Firearms, Explosives, and Auxiliary Tools, Clause 4 of Article 24 of Decree No. 25/2012/NĐ-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 Auxiliary Tools and the Decree detailing certain provisions of the Ordinance.

Article 10. Criteria for Individuals Assigned to Use Military Firearms and Auxiliary Tools

1. Criteria for Individuals Assigned to Use Military Firearms:

a) They must have good moral qualities;

b) Must have physical health suitable for the assigned work;

c) Must be trained in specialized skills and undergo periodic assessments on the use of military firearms;

d) Must be granted a certificate for the use of military firearms by the competent authority.

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

Article 11. Issuance, Transfer, and Recovery of Military Firearms and Auxiliary Tools for the Fisheries Surveillance Force

1. The Minister of Agriculture and Rural Development decides on the issuance, transfer, and recovery of military firearms and auxiliary tools for the national Fisheries Surveillance Force based on the proposal of the General Department of Fisheries.

2. The Director of the Fisheries Surveillance Service implements the issuance, transfer, and recovery of military firearms and auxiliary tools for subordinate units following the decision of the Minister of Agriculture and Rural Development.

3. The issuance, transfer, and recovery of military firearms and auxiliary tools must be decided in writing. Within five working days from the date of signing the decision to issue, transfer, or recover military firearms and auxiliary tools, the Director of the Fisheries Surveillance Service must notify in writing the agency issuing permits for the use of military firearms and auxiliary tools and report to the General Department of Fisheries for monitoring and management.

Article 12. Storage and Transfer of Military Weapons and Auxiliary Equipment

1. Military weapons and auxiliary equipment must be centrally managed and stored at the weapon storage facility of the agency or unit equipped with 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 with and using military weapons and auxiliary equipment shall assign individuals who meet the criteria stipulated in Article 13 of this Circular to store military weapons and auxiliary equipment. 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. Fishery Inspectors and Crew Members of Fishery Inspection Vessels, upon completion of their tasks, expiration of the assigned period, job transfer, retirement, resignation, or failure to meet the conditions and criteria for managing and storing military weapons and auxiliary equipment as prescribed by law, must return all military weapons and auxiliary equipment 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 auxiliary equipment is responsible for managing and using such weapons and equipment according to the provisions of law.

Article 13. Criteria for Individuals Assigned to Manage Weapon Storage Facilities

1. Good moral character.

2. Suitable health for the assigned work.

3. Hold a professional certificate in the management of military weapons and auxiliary equipment.

4. Hold a fire prevention and firefighting training certification issued by the competent authority.

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

Article 14. Repair, Submission, and Liquidation of Military Weapons and Auxiliary Equipment

1. The Fisheries Inspection Department is responsible for compiling the quantity and types of military weapons and auxiliary equipment damaged by subordinate units under the Fisheries Inspection Department, Regional Fisheries Inspection Agencies, Fisheries Inspection Teams, Fisheries Inspection Stations, and Fisheries Inspection Vessels to process repairs as prescribed by law.

2. For military weapons and auxiliary equipment that cannot be repaired or have exceeded their service life, the head of the agency or unit equipped with them must compile and submit them to the police agency that issued the usage permit for disposal according to the law. Within five working days from the date of submission of military weapons and auxiliary equipment to the police agency, the head of the agency or unit must report the results of the submission in writing to the Fisheries Inspection Department for monitoring.

Article 15. Training, Instruction, Issuance of Certificates and Certifications on Management and Use of Military Weapons and Auxiliary Equipment

The head of the agency or unit equipped with military weapons and auxiliary equipment is responsible for coordinating with the police agency and other authorized agencies to organize training and instruction on the management and use of military weapons and auxiliary equipment for Fishery Inspectors and Crew Members of Fishery Inspection Vessels to obtain certificates and certifications on the management and use of military weapons and auxiliary equipment as prescribed by law.

Article 16. Information and Reporting System

1. Every six months and annually, the Fisheries Inspection Department and its subordinate units are responsible for reporting to the General Department of Fisheries and the police agency issuing permits for the use of military weapons and auxiliary equipment on the situation of managing and using military weapons and auxiliary equipment of their agencies and units. Six-month reports should be submitted before July 15, and annual reports should be submitted before January 15 of the following year.

2. In case of loss of military weapons and auxiliary equipment or permits for the use of military weapons and auxiliary equipment, the head of the agency or unit equipped with military weapons and auxiliary equipment must immediately report in writing to the nearest police agency and the police agency that issued the permit for cooperation in searching and resolving the issue; simultaneously, they must also report in writing to the General Department of Fisheries.

Chapter III

EQUIPMENT, MANAGEMENT, AND USE OF SPECIALIZED DEVICES

Article 17. Types of specialized equipment to be equipped for Fisheries Inspection forces

Based on requirements and actual operational conditions, the Fisheries Inspection forces shall be equipped with the following types of specialized equipment:

1. Hand-held explosive detection devices.

2. Scuba diving equipment; underwater spotlights; waterproof clothing.

3. Gas masks; daytime binoculars, night vision binoculars; thermal imaging binoculars; specialized helmets; knee and elbow protectors.

4. High-intensity lights with infrared filters; high-power compressors, wide-band sound suppressors, high-power fog horns; high-pressure water cannons; Inmarsat satellite phones.

5. Specialized cabinets for storing (storing, preserving) military weapons, support tools, and specialized equipment.

6. Equipment for marking vessels in violation.

7. Other types of specialized equipment as prescribed by law.

Article 18. Recipients of specialized equipment

1. The Fisheries Surveillance Service.

2. Regional Fisheries Surveillance Branch.

3. Fisheries Surveillance Team.

4. Fisheries Surveillance Station.

Article 19. Recipients assigned to use specialized equipment

The head of the agency or unit specified in Article 18 of this Circular shall be responsible for assigning specialized equipment to individuals meeting the criteria set forth in Article 20 of this Circular to directly perform Fisheries Inspection tasks.

Article 20. Criteria for individuals assigned specialized equipment

1. Good moral character.

2. Must have physical health suitable for the type of specialized equipment being assigned to use.

3. Individuals assigned to use specialized equipment must be trained on the features, functions, and skills required to operate such equipment.

Chapter IV

RESPONSIBILITIES IN THE MANAGEMENT AND USE OF MILITARY WEAPONS, SUPPORT TOOLS, AND SPECIALIZED EQUIPMENT OF THE FISHERIES INSPECTION FORCES

Article 21. Responsibilities of the Ministry of Agriculture and Rural Development

1. To establish standards and quotas for equipping military weapons, support tools, and specialized equipment for the Fisheries Inspection forces nationwide.

2. To direct the Fisheries General Department to instruct the Fisheries Inspection Department to implement:

a) Procurement, distribution, repair, and management of military weapons, support tools, and specialized equipment of the Fisheries Inspection forces in accordance with the law;

b) Inspect compliance with regulations on equipping, managing, and using military weapons, support tools, and specialized equipment of the Fisheries Inspection forces;

c) Establish a unified database on the work of equipping, managing, and using military weapons, support tools, and specialized equipment of the Fisheries Inspection forces;

d) Compile reports on the situation regarding equipping, managing, and using military weapons, support tools, and specialized equipment of the Fisheries Inspection forces;

đ) Coordinate in organizing training, instruction, issuing certificates and licenses on managing and using military weapons, support tools, and specialized equipment of the Fisheries Inspection forces;

e) Carry out other related tasks concerning the equipping, managing, and using of military weapons, support tools, and specialized equipment of the Fisheries Inspection forces when assigned.

Article 22. Responsibilities of the Ministry of Public Security

1. To direct local public security units to implement:

a) Issuance of various permits, certificates, and licenses related to the management and use of military weapons and support tools for the Fisheries Inspection forces in accordance with the law;

b) Coordinate inspections and supervision of the management and use of military weapons and support tools by the Fisheries Inspection forces in accordance with the law.

2. To assign the Police General Corps to coordinate with the Fisheries General Department to carry out the following tasks:

a) Inspect and guide the implementation of the management and use of military weapons and support tools by the Fisheries Inspection forces;

b) Organize training and instruction on the management and use of military weapons and support tools for the Fisheries Inspection forces.

b) Organize training and professional instruction on the management and use of military weapons and auxiliary tools for the Fisheries Surveillance force.

Article 23. Responsibilities of the Head of Fisheries Inspection Agency

1. Implement the management and use of military weapons, auxiliary tools, and specialized equipment of their agency in accordance with this Circular and other relevant legal documents on the management and use of military weapons, auxiliary tools, and specialized equipment.

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

Article 24. Responsibilities of Provincial Public Security Organs

1. Coordinate with the Regional Fisheries Inspection Office to guide and inspect the management and use of military weapons and auxiliary tools by the Fisheries Inspection force within their province.

2. Coordinate with the Regional Fisheries Inspection Office to organize training and instruction on the management and use of weapons and auxiliary tools for the Fisheries Inspection force in accordance with the law.

3. Carry out the receipt, classification, disposal, and destruction of military weapons and auxiliary tools previously provided to the Fisheries Inspection force in accordance with the law.

Chapter V

IMPLEMENTING PROVISIONS

Article 25. Effective Date

This Circular takes effect from February 26, 2015.

Article 26. Implementation

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

2. Heads of agencies and units under the Ministry of Agriculture and Rural Development and the Ministry of Public Security; Directors of the Fisheries General Department, the Fisheries Inspection Bureau, the Regional Fisheries Inspection Offices, the Public Security Director, the Fire Prevention and Fighting Police Director of provinces and centrally governed cities, 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 Fisheries General Department) and the Ministry of Public Security (through the Police General Department) for timely guidance./.