Joint Circular No. 05/2006/TTLT-BTP-BCA guides the provision, management, and use of support tools for civil enforcement agencies.

JOINT CIRCULAR

Guidelines for equipping, managing, and using tools

hỗ trợ of civil enforcement agencies

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Pursuant to Decree No. 47/CP dated August 12, 1996 of the Government on the management of weapons, explosives, and auxiliary tools;

Pursuant to Decree No. 50/2005/NĐ-CP dated April 11, 2005 of the Government on civil enforcement management agencies, civil enforcement agencies, and civil enforcement officers and civil servants,

The Ministry of Justice and the Ministry of Public Security issue guidelines for equipping, managing, and using auxiliary tools for civil enforcement agencies as follows:

I. SCOPE OF REGULATION

1. This Circular guides the equipping, managing, and using of auxiliary tools for civil enforcement agencies (hereinafter referred to as auxiliary tools for enforcement).

2. This Circular does not guide the equipping, managing, and using of auxiliary tools for enforcement for civil enforcement agencies within the military.

II. OBJECTS AND TYPES OF AUXILIARY TOOLS FOR ENFORCEMENT THAT ARE EQUIPPED AND USED

1. Objects that are equipped and use auxiliary tools for enforcement

a) Civil enforcement agencies of provinces and centrally governed cities;

b) Civil enforcement agencies of districts, towns, urban districts, and provincial-level cities. Auxiliary tools are equipped for civil enforcement agencies for the heads of civil enforcement agencies to assign to Enforcement Officers and civil enforcement staff to use when performing tasks.

2. Types of auxiliary tools that are equipped for civil enforcement agencies include:

a) Rubber batons, electric batons, electric sticks, and electric gloves;

b) Pepper spray guns, tranquilizer guns;

c) Pepper spray cans, tranquilizer cans;

d) Plastic bullet guns, rubber bullet guns;

đ) Other types of auxiliary tools as prescribed by law. The Minister of Justice decides specifically on the types of auxiliary tools to be equipped for each civil enforcement agency.

3. Principles for using auxiliary tools for enforcement Civil enforcement agencies that are equipped and use auxiliary tools for enforcement must comply with the following principles:

a) They may only use auxiliary tools for enforcement that have been registered and have usage permits issued by competent public security authorities;

b) When carrying auxiliary tools on their person or when using auxiliary tools, they must have a usage permit. If the permit is lost, it must be reported immediately to the nearest public security authority and the authority that issued the usage permit for auxiliary tools for enforcement;

c) They may only use auxiliary tools for enforcement when performing tasks for self-defense against attacks or threats to the lives or health of Enforcement Officers, civil enforcement staff, or other persons involved in enforcement activities;

d) The use of auxiliary tools for enforcement must ensure safety, serve the intended purpose, and follow technical procedures.

4. Strictly prohibited from taking auxiliary tools for enforcement home or carrying them on their person when not performing tasks, using auxiliary tools for enforcement for unintended purposes. It is not allowed to purchase, sell, exchange, lease, lend, transfer, give away, or provide auxiliary tools for enforcement to persons without authorization to use such tools.

III. EQUIPPING, MANAGING, MOVING, TRANSPORTING, AND DISPOSING OF AUXILIARY TOOLS FOR ENFORCEMENT

1. Equipping auxiliary tools for enforcement

a) Based on Clause 2 of Section II of this Circular, annually, the Civil Enforcement Agency Directorate, in collaboration with the Planning and Finance Department under the Ministry of Justice, prepares plans for equipping auxiliary tools for civil enforcement agencies to submit to the Minister of Justice for consideration and decision. The Minister of Justice decides the quantity and types of auxiliary tools to be equipped for civil enforcement agencies nationwide. The Director of the Administrative Management Police Bureau - Police General Corps of the Ministry of Public Security issues permits to carry auxiliary tools based on the proposal of the Ministry of Justice.

b) The Director of the Civil Enforcement Agency Directorate assists the Minister of Justice in providing auxiliary tools for civil enforcement agencies at the provincial and district levels. The head of the civil enforcement agency assigns auxiliary tools to Enforcement Officers and civil enforcement staff for use. When assigning auxiliary tools, a list must be made and a receipt issued by the head of the civil enforcement agency to the user of auxiliary tools for enforcement.

2. Managing auxiliary tools for enforcement

a) Issuing usage permits for auxiliary tools for enforcement Usage permits for auxiliary tools for enforcement are issued by provincial and centrally governed city public security authorities based on the request of the head of the same-level civil enforcement agency and are valid for three years from the date of issuance. - Documents for requesting new usage permits for auxiliary tools for enforcement include: + Decision of the Ministry of Justice on equipping auxiliary tools for enforcement; + Letter requesting issuance of usage permits for auxiliary tools for enforcement from the civil enforcement agency; + Copy of the permit to purchase auxiliary tools for enforcement from the Administrative Management Police Bureau - Police General Corps of the Ministry of Public Security (copied by the Civil Enforcement Agency Directorate); + Introduction letter from the civil enforcement agency for the person assigned to handle the issuance of usage permits for auxiliary tools for enforcement. - Documents for requesting replacement usage permits for auxiliary tools for enforcement include: + Letter requesting replacement of usage permits for auxiliary tools for enforcement from the civil enforcement agency; + Introduction letter from the civil enforcement agency for the person assigned to handle the issuance of usage permits for auxiliary tools for enforcement. Civil enforcement agencies return expired usage permits for auxiliary tools for enforcement to the public security authority that issued the usage permits for auxiliary tools for enforcement.

b) Storage of enforcement support tools - The head of the civil execution agency shall be responsible for managing and must assign staff to store enforcement support tools. Enforcement support tools must be stored at the office of the civil execution agency and a separate logbook must be established. - Enforcement officers and staff using enforcement support tools must return them to the head of the civil execution agency after each operation; monthly inventory and maintenance of enforcement support tools must be conducted. - In case of loss or damage to enforcement support tools, the head of the civil execution agency must prepare a report and immediately notify the nearest police authority, the police authority that issued the permit for the use of enforcement support tools, the higher-level civil execution agency, and the Civil Execution Agency. The person responsible for the loss or damage must compensate and may also be subject to disciplinary action, administrative penalties, or criminal prosecution according to the law.

3. Mobilization and transportation of enforcement support tools

a) Mobilization of enforcement support tools - The Director of the Civil Execution Agency shall decide on the mobilization of enforcement support tools nationwide. - The head of the provincial civil execution agency under the central government shall decide on the mobilization of enforcement support tools within their jurisdiction.

b) Transportation of enforcement support tools to the civil execution agency must have a permit from the police authority.

4. Liquidation and destruction of enforcement support tools

a) Annually, the civil execution agency must inspect and classify the quality of each type of enforcement support tool provided. Tools that can be repaired shall be documented and referred to the production or repair facility by the police authority that issued the permit for the use of enforcement support tools. If the enforcement support tool cannot be repaired or restored, the provincial civil execution agency must document and request the Civil Execution Agency to submit to the Minister of Justice for liquidation and destruction.

b) The Minister of Justice issues a decision to establish a liquidation and destruction committee for enforcement support tools. The liquidation and destruction committee for enforcement support tools consists of: - The head of the provincial civil execution agency as the Chairman; - A representative of the provincial police authority as a member; - A representative of the provincial financial authority as a member; - A representative of the county civil execution agency equipped with enforcement support tools as a member (if liquidating or destroying enforcement support tools previously provided to the county civil execution agency). Destruction of enforcement support tools must completely deform them so they cannot be restored for use, ensuring safety and not causing environmental pollution. When destroying, a record must be made with signatures of all members of the liquidation and destruction committee for enforcement support tools.

IV. IMPLEMENTATION

1. The Director of the Civil Execution Agency and the head of the provincial civil execution agency under the central government shall cooperate with the police authority to organize the dissemination, introduction, and guidance on the use of enforcement support tools to enforcement officers and staff involved in civil execution work.

2. The Civil Execution Agency assists the Minister of Justice in uniformly managing the provision and use of enforcement support tools by civil execution agencies.

3. The Civil Execution Agency develops a model internal regulation regarding the storage and use of enforcement support tools. The head of the civil execution agency is responsible for periodically and randomly checking the storage and use of provided enforcement support tools. Annually, the police authority that issued the permit for the use of enforcement support tools shall cooperate with the same-level civil execution agency to check the management and use of enforcement support tools.

4. For enforcement support tools still usable after being provided to the civil execution agency, the civil execution agency shall continue to use them for service purposes.

V. EFFECTIVE DATE OF IMPLEMENTATION

1. This Circular shall take effect fifteen days from the date of publication in the Official Gazette.

2. Circular No. 66/TP-THA dated July 4, 1996 of the Ministry of Justice guiding the management, provision, and use of enforcement support tools in civil execution shall cease to be effective from the date this Circular takes effect.