Joint Circular No. 03/1998/TTLT-CA-QP guiding the coordination relationship in the management of weapons, explosives, and auxiliary tools.

JOINT CIRCULAR

Guidelines on cooperative relations in the field of weapons management, explosives, and auxiliary tools
explosive materials and auxiliary tools

Pursuant to Decree No. 47/CP dated August 12, 1996 of the Government on the management of weapons, explosives, and auxiliary tools, the Ministry of Public Security and the Ministry of National Defense issue guidelines on cooperative relations between public security forces and military forces in the field of managing various types of weapons, explosives, and auxiliary tools as follows:

2. Individuals who have registered as the principal investigator of a Research Project or Pilot Production Project and those participating in its implementation shall not participate in the Evaluation and Selection Council for that Research Project or Pilot Production Project (hereinafter referred to as the Council). In necessary cases, members of the Council may be staff members of the organization registering as the principal investigator of the Research Project or Pilot Production Project, but not more than one person and they cannot serve as Chairperson, Vice-Chairperson, or reviewing member.

Based on the functions, tasks, and authorities assigned by the Government (as stipulated in Article 7 and Article 8 of Decree No. 47/CP dated August 12, 1996), each department must fulfill its responsibilities accordingly; at the same time, the two ministries shall establish unified cooperative relationships between the public security and military forces to assist the Government in managing weapons, explosives, and auxiliary tools related to social order and safety.

II. SCOPE AND CONTENT OF COOPERATION

 1. Cooperation in equipping and issuing permits for the use of military firearms.

a) Entities eligible for equipping with military firearms (as specified in point d, đ, e, g Clause 1 Article 8 of the Regulation issued together with Decree No. 47/CP) if they have a need to equip with firearms must submit a written request to the public security agency detailing the necessity, conditions, standards, and quantity of each type of firearm required according to the procedures and classification levels as follows:

- For entities requiring firearms that are central agencies, the request letter must be signed by the leadership of the ministry or sector and sent to the Ministry of Public Security (General Police Department).

- For entities requiring firearms that are local agencies or units, the request letter must be signed by the leadership of the provincial department or sector and sent to the Provincial Public Security Director. The Provincial Public Security Director is responsible for reviewing and reporting to the Ministry of Public Security (General Police Department) for decision-making.

b) Based on the request letter for equipping with firearms, the Ministry of Public Security will review and decide, then reply in writing whether the entity can be equipped with firearms within 15 days for central agencies and 30 days for local agencies. If approved, the Ministry of Public Security will issue an introduction letter and guide the entity to proceed with the necessary procedures to send to the Ministry of National Defense for consideration and decision on the provision or transfer of firearms.

The Ministry of National Defense will implement the provision or transfer of military firearms according to point 7 Part II of Circular No. 1691/TT-QP dated July 8, 1997 of the Ministry of National Defense.

c) Within 10 days from receiving the firearms, the entity equipped with firearms must complete registration procedures and apply for a permit to use the firearms at the provincial public security agency (including central agencies located in local areas).

2. Cooperation in exchanging and processing information

Public security and military agencies at the same level must closely cooperate and regularly inform each other about situations and incidents related to the management of weapons, explosives, and auxiliary tools; documents and procedures for registering and managing the use of various types of weapons, explosives, and auxiliary tools to facilitate cooperative management, inspection, and control of the results of providing or transferring military firearms to eligible entities; results of cooperative management, recovery, and handling of various types of weapons, explosives, and auxiliary tools. At the same time, lessons learned from any weaknesses or shortcomings should be promptly addressed to improve and supplement cooperative management measures.

3. Cooperation in protecting weapon storage facilities, explosive materials, and auxiliary tools.

Commanders of military and public security units managing weapon storage facilities, explosive materials, and auxiliary tools, or relevant sectors must develop and regularly practice fire prevention and protection plans for the storage facilities and are responsible for closely coordinating with local authorities, military, and public security agencies to organize mass participation in protecting the storage facilities. They should identify any weaknesses or deficiencies in the management of the storage facilities, factors posing safety risks, and take proactive preventive measures to ensure absolute safety of the storage facilities.

In case of theft, explosion, destruction, loss of weapons, explosive materials, etc., the commander of the storage facility must organize immediate response according to the plans and report to higher authorities while securing the scene and informing the public security agency, local authorities, and military agencies to promptly track down perpetrators and mitigate consequences.

 4. Cooperation in receiving, collecting, storing, transferring, handling, and destroying weapons, explosives, and auxiliary tools.

a) Local public security agencies, military agencies, and military units are responsible for cooperating in mobilizing and organizing the people to collect and surrender all types of weapons, explosives, and auxiliary tools held by organizations and individuals in society who are not eligible for equipping (including former military personnel, police officers, and officials who have retired, demobilized, or transferred to other sectors). All such items must be surrendered to the public security or military agencies at various levels for management and handling.

Local public security and military agencies must closely cooperate, have specific plans, and proactively propose to the authorities to direct and continuously take measures to thoroughly recover; actively promote and mobilize the people to discover and surrender hidden weapons, explosives, or auxiliary tools; detect suspicious cases and promptly handle illegal possession or use of weapons, explosives, or auxiliary tools.

b) The reception, handling, and destruction of military firearms, bombs, mines, grenades, propellants, and explosive materials surrendered by organizations or individuals shall be carried out in accordance with point 5 Article 8 of Decree No. 47/CP of the Government.

During the process of receiving, handling, and destroying military weapons, bombs, etc., public security agencies and military agencies must closely cooperate with each other and follow the specific procedures as follows: If military weapons and explosive materials are handed over to public security agencies by organizations or individuals, then the public security agencies shall proceed to hand them over to the corresponding level military agencies for management, classification, processing, and destruction according to regulations. The handover procedure must be documented in a receipt, clearly stating the address of the handing-over individual, unit, or organization, the reason, origin of the weapons, quantity, and quality; a strict tracking record must be kept and reported to superiors after each handover.

Commanders of units and agencies receiving weapons, explosives, and support tools must immediately render ineffective any dangerous types or those posing safety risks before storage; they must strictly manage, assign personnel to guard, ensure safety; promptly classify, handle, and resolve those that do not meet safety standards.

Weapons and explosives recovered with potential safety risks shall not be stored together in the unit's weapon warehouse.

5. Cooperation in inspecting weapons, explosives, and support tools.

a) The authority to inspect the carrying, use, and storage of various types of weapons, explosives, and support tools has been stipulated in Article 6 of the Regulation issued along with Decree No. 47/CP of the Government. Police forces, Military Control Forces, and Border Guard troops when performing their duties must comply with Circular No. 05-TT/BNV dated September 28, 1996, issued by the Minister of Interior (now the Ministry of Public Security) and Circular No. 1691-TT/QP dated July 8, 1997, issued by the Minister of Defense.

Based on the actual situation at the local level, if necessary, specialized inspections can be organized separately by sector or unit, or when approved by leaders from provincial levels upwards, a joint inspection force consisting of police and military control forces can be formed to conduct mobile inspections within designated areas, only during a specific time period and with thorough preparation.

b) Content and form of inspection:

- Inspect individuals, organizations, or entities carrying, using, or transporting weapons and explosives, or persons suspected of violating laws on the management of weapons, explosives, and support tools to prevent and promptly address violations.

- Check personal identification documents, permits for the use, carrying, and transportation of weapons and explosives issued by competent authorities.

- Focus inspections on key areas and complex regions such as border gates, railway stations, ferry terminals, means of transport, main roads, traffic intersections, public places, gold panning sites, gemstone mining areas; locations previously affected by combat operations, base areas, places where weapons and explosives are stored or transferred. Pay attention to checking individuals with prior convictions or offenses related to trading, storing, consuming, or illegally using weapons and explosives.

There must be contingency plans to deal with possible situations or opposition from malicious individuals when being inspected and discovered to have violated regulations.

c) Handling violations:

- During inspections, inspection forces have the right to handle violations of regulations on the management and use of weapons, explosives, and support tools according to Decree No. 49/CP dated August 15, 1996, of the Government regarding administrative penalties in the field of national security and public order, or to refer cases to competent authorities for criminal prosecution.

- Strictly prohibit the abuse of inspection responsibilities to harass or cause inconvenience.

- When violations are detected, a report must be made. If items are temporarily seized, the quantity, quality, brand, markings, serial numbers, and types of weapons, explosives, and support tools must be clearly recorded along with the reasons for seizure according to regulations. Safety must be ensured in the collection, transportation, and storage of seized items while immediately reporting to superiors and coordinating with relevant forces to verify and clarify the situation. Violations within the jurisdiction of a particular force shall be handled by that force according to its authority.

III. IMPLEMENTATION

1. Commanders of units in the Army and Public Security have the responsibility to disseminate and implement this Circular down to grassroots levels, ensuring every officer and soldier understands and strictly adheres to it. Monthly and quarterly reports on implementation status and results must be submitted to superiors, and urgent reports on incidents must be made as required.

2. The General Staff of the People's Army and the Public Security General Department are responsible for assisting the Minister of Defense and the Minister of Public Security in overseeing, guiding, inspecting, and urging the implementation of this Circular.

3. Ministries, sectors, and People's Committees of provinces and centrally-administered cities within their respective functions and tasks are responsible for organizing the implementation of this Circular.

4. This Circular takes effect fifteen days from the date of signature and replaces Circular No. 02-TT/LB dated June 11, 1990, and No. 62/TT-LB dated January 16, 1993, jointly issued by the Ministry of Defense and the Ministry of Interior, as well as previous guiding documents of the Ministry of Interior (now the Ministry of Public Security) and the Ministry of Defense that conflict with this Circular are hereby abolished./.