Circular No. 05/TT-BNV(C13) guiding the implementation of certain issues under Decree No. 47/CP dated August 12, 1996 of the Government on the management of weapons, explosives, and auxiliary tools.

CIRCULAR

Guidelines for implementing certain issues under Decree No. 47/CP dated August 12, 1996 of the Government on the management of weapons, explosives, and auxiliary tools

On August 12, 1996, the Government issued Decree No. 47/CP on the management of weapons, explosives, and auxiliary tools. The Ministry of Public Security provides guidelines for implementing certain issues as follows:

_____________________________

1. Types of weapons, explosives, and auxiliary tools (VK, VLN, CCHT) are special technical means and materials subject to unified State management.

I. GENERAL ISSUES

The Ministry of Public Security is tasked with assisting the Government in managing State affairs concerning types of VK, VLN, CCHT as stipulated in Article 7 of Decree No. 47/CP.

Ministries, agencies at the level of ministries, government agencies, provincial People's Committees, and centrally governed cities have the function of managing State affairs concerning types of VK, VLN, CCHT as stipulated in Chapter II of Decree No. 47/CP.

The State only equips military weapons, sports weapons, crude weapons, military supplies, industrial explosives, and auxiliary tools to certain forces and organizations for use in combat, work, production, training, and sports competitions, and to protect agencies and units.

Individuals meeting the required conditions may be permitted to use hunting rifles as provided in Chapter III of the Regulation attached to Decree No. 47/CP.

Management of VK, VLN, CCHT includes: repair, manufacture, equipping, use, storage, retention, transportation, purchase, sale, export, import, inspection, supervision, and handling of violations.

Repair, manufacture, equipping, use, transportation, purchase, sale, export, and import must be authorized by competent authorities. Police agencies are responsible for examining and issuing various permits for these activities (except for subjects specified in Article 8 of Decree No. 47/CP).

Permits for VK, VLN, CCHT are only issued to organizations, not individuals (except for hunting rifles).

Organizations and individuals possessing VK, VLN, CCHT regardless of their origin must fully declare to the police agency where their headquarters or residence is located (except for weapons equipped by the Ministry of Defense for the people's armed forces and self-defense forces).

Subjects eligible for equipping VK, VLN, CCHT who meet the prescribed conditions and standards will be considered and procedures for issuing usage permits will be processed by the competent police agency. Those who do not meet the conditions, standards, or are not eligible for equipping and using must return them to the police agency.

For foreign organizations and individuals:

a. Foreign organizations and individuals residing or operating within the territory of the Socialist Republic of Vietnam shall not use VK, VLN, CCHT except in the following cases:

- Bringing VK, VLN, CCHT to protect the head of state or the head of government of another country.

- Bringing VK, VLN, CCHT into Vietnam for training and sports competitions.

- Individuals bringing VK, VLN, CCHT into Vietnam for exhibition and sales promotion.

- Bringing hunting rifles into Vietnam for hunting and tourism.

b. Such foreign organizations and individuals must submit a written request or application through relevant Vietnamese agencies to the Ministry of Public Security for permission. Only with such permission can they bring VK, VLN, CCHT into Vietnamese territory.

- Through the Ministry of Foreign Affairs if carrying weapons for protecting the head of state or the head of government.

- Through relevant Vietnamese ministries and sectors for training, sports competitions, exhibitions, and sales promotions.

- Through the General Department of Tourism for individuals bringing hunting rifles into Vietnam for hunting and tourism.

6. Rewards and penalties:

a. Individuals and organizations that achieve success in complying with regulations on the management of VK, VLN, CCHT may be commended and rewarded according to regulations. Those with outstanding achievements will be awarded monetary rewards according to the joint regulations of the Ministry of Finance and the Ministry of Public Security.

b. The head of the organization specified in Article 3 of the Decree is the direct head of that organization and is responsible for managing and storing the VK, VLN, CCHT equipped. If they violate or allow staff to violate the management regulations during the management process, they will be disciplined or administratively punished according to Article 11 of Decree No. 47/CP dated August 15, 1996, or criminally prosecuted if causing material damage, and must compensate according to the law.

c. Every citizen and person entrusted with the custody, storage, and use of VK, VLN, CCHT who fails to comply with or violates the management regulations will be disciplined or administratively punished according to Article 11 of Decree No. 49/CP dated August 15, 1996, or criminally prosecuted if causing material damage, and must compensate according to the law.

7. The General Bureau of Public Security shall specify forms and permits for the management of VK, VLN, CCHT. When processing applications for permits, fees must be collected and paid according to regulations.

II. TYPES OF WEAPONS, EXPLOSIVES, AND AUXILIARY TOOLS UNDER THE MANAGEMENT OF THE MINISTRY OF PUBLIC SECURITY

A. MILITARY WEAPONS (INCLUDING MILITARY EXPLOSIVES)

1. Objects eligible for equipping military weapons under the management of the Ministry of Public Security as stipulated in point b, d, đ, e, g Clause 12 Article 8 of the Regulation include:

a. Civil workers' force including levels and units of the People's Public Security directly working and fighting as prescribed by the Ministry of Public Security.

b. Anti-smuggling inspection teams under the General Customs Department, Provincial Customs Departments, and Border Customs Stations established by the decision of the General Customs Department.

c. Air Cargo Security Teams of the Civil Aviation Administration of Vietnam; Air Cargo Security Teams at air cargo ports and stations.

d. Patrol and Inspection Teams under the Forest Protection Department, Forest Protection Branches, and Forest Protection Stations.

đ. Special protection forces of some state agencies and enterprises established according to Decree No. 223/CP dated June 19, 1990 of the Government.

Point d. Specialized security forces of certain state agencies and enterprises established pursuant to Decree No. 223/CP dated June 19, 1990 of the Government.

2. The aforementioned subjects shall only be equipped with military weapons if they meet the criteria and conditions stipulated in Articles 13, 14, and 15 of the Regulation promulgated pursuant to Decree 47/CP, and must submit a request letter clearly stating their needs, conditions, quantities, types of weapons already equipped, and additional weapons required for their agencies or units, submitted to the Ministry's leadership if at the central level or to the provincial-level sectoral leadership if at the local level.

- Request letters from central ministries and sectors shall be sent to the General Bureau of Public Security under the Ministry of Interior.

- Request letters from provincial-level sectors and cities directly under the Central Government shall be sent to the Provincial Police (PC13). After receiving the application file, the provincial police will examine it and report to the General Bureau of Public Security for decision.

Within thirty days from the date of receipt of the document, the General Bureau of Public Security under the Ministry of Interior must reply with the result to the requesting agency.

3. Issuing permits to use military weapons:

a. The application procedures for issuing permits include:

- A request letter from the organization applying for the permit to use, accompanied by:

+ For newly equipped weapons, there must be a purchase permit from the Ministry of Interior, along with an invoice and inventory slip indicating the quantity, type, code, and serial number of each type of weapon provided by the supplying agency.

+ For weapons that have been equipped previously, the old permit must be returned. In cases where there is no permit or it has been lost, a statement explaining the reason must be provided.

- An introduction letter and identity card of the person handling the procedure.

Provincial police, city police directly under the Central Government are responsible for accepting applications and registering to issue permits to use for agencies and organizations in their locality, including those of central agencies located in the locality.

b. Permits to use military weapons shall only be issued to organizations, agencies, and units. In special cases, upon the request of the head of the organization, the name of the person holding the weapon may be added after the name of the organization.

The permit to use weapons is valid for three years. Annual periodic inspections of weapons and permits are required.

4. Storage and use of military weapons.

Military weapons equipped must be strictly stored and used for their intended purpose:

a. For weapon storage facilities, they must:

- Be designed and constructed according to technical standards and fire prevention and extinguishing safety standards approved by the General Bureau of Public Security under the Ministry of Interior or the provincial police.

- Have internal regulations and security plans; fire prevention and extinguishing plans and safety equipment approved by the managing authority and competent authorities.

- Strictly comply with inspection, storage, issuance, and receipt procedures for weapons in the warehouse. Records must be kept and regular and spot reports made as prescribed.

- Assign personnel who meet the requirements to store the weapons and have someone monitor them closely and strictly.

b. Organizations equipped with military weapons must have a safe place to store them centrally, and there must be someone monitoring and managing them strictly. The storage of weapons must be recorded in books and must ensure absolute safety.

After each use in work or combat..., weapons must be concentrated in the storage place of the agency. Weekly and monthly checks on the quantity and quality of weapons are required.

Weapons can only be handed over to individuals for keeping and using when they meet the conditions and criteria stipulated in Clause 1 of Article 13 of the Regulation promulgated pursuant to Decree 47/CP.

c. Individuals assigned weapons by agencies or units for storage and use must:

- Fully comply with usage, maintenance, inspection, inventory procedures, and ensure absolute safety. They must use the weapons for their intended purpose, ensuring readiness for combat, serving training and combat well. They must bear direct responsibility for the weapons entrusted to them. When traveling with weapons, they must carry the weapon use permit and personal identification documents for presentation to authorized officers conducting inspections or controls. Weapons must not be placed in luggage, nor lent to others.

- If required for work or combat, permission is granted to take weapons home, which must be carefully stored and not allowed to be used by others without authorization.

- Individuals assigned to keep weapons who change jobs, retire, or no longer meet the conditions and criteria must return the weapons to the agency or unit. If they do not return the weapons to the agency or unit, they cannot receive retirement or resignation decisions; they may not arbitrarily transfer, exchange, or sell weapons.

d. Due to mission requirements, military weapons may be transferred within agencies or units under their management by the agency head's decision. If weapons need to be transferred to another agency or unit with a different name than that listed on the use permit, a report must be made and permission sought from the police authority issuing the permit.

5. Production and repair of military weapons.

a. Production and repair of military weapons shall be carried out in accordance with Articles 9 and 17 of the Regulation.

The production and repair of military weapons can only be conducted in public security establishments as prescribed by the Minister of Interior or in military establishments as prescribed by the Minister of Defense.

b. Establishments engaged in the production and repair of military weapons must comply with the provisions of the Ministry of Interior or the Ministry of Defense and must follow the special business management regime stipulated in Decree No. 17/CP dated December 23, 1992 of the Government.

c. Production and repair establishments of the Ministry of Interior permitted to repair military weapons may only accept production and repair orders for weapons when they have a permit from a police authority at the provincial level or higher, accompanied by the identity card of the person designated to handle the matter. They may only accept repairs according to the content of the permit issued by the state management authority regarding weapons (police authority at the provincial level or higher).

6. Transporting military weapons.

The transportation of military weapons must be carried out in accordance with Article 16 of the Regulation.

- The transport permit for weapons is issued by the provincial or city police. The permit must clearly indicate the quantity, type of weapons, transport time, name and surname of the person responsible for transport, name and surname of the vehicle driver, license plate number of the vehicle, and the transport route.

- During transportation of weapons, in addition to the vehicle operator, there must be a guard; secrecy and safety must be ensured. When overnight stops or long halts on the road due to emergencies are necessary, immediate notification must be made to the local Public Security agency for coordination and protection if needed. The vehicles transporting weapons shall not park in crowded places or near important facilities...

7. The transfer, liquidation, and destruction of types of weapons not covered under Clause 2, Article 18 of the Regulation shall be separately stipulated in other documents issued by the Ministry of Interior.

B. SPORTS WEAPONS

The management of sports weapons shall be guided separately by the Ministry of Interior and the General Department of Physical Culture and Sports.

C. MANAGEMENT OF HUNTING GUNS

1. Hunting guns as defined in point c, Clause 1, Article 1 of the Regulation include smooth-bore guns (without rifling), with one or multiple barrels in sizes such as 9, 12, 16, 20... including automatic or non-automatic, spring-loaded, and flintlock guns; air guns, and other hunting guns permitted by the people that are used for hunting, self-defense, protection... and approved by the State.

- Strictly prohibit the modification of military firearms or sports firearms into hunting guns.

- Strictly prohibit the use of military firearms or sports firearms for hunting.

2. The criteria and conditions for individuals to use hunting guns must comply with the provisions of Articles 19 and 20 of the Regulation, specifically:

a. Individuals falling into any of the following categories shall not be allowed to use hunting guns:

- Those currently under investigation or serving a criminal sentence (including those under temporary detention or released on bail).

- Those with a prior criminal record for any offense.

- Those with a history of violating weapon management regulations.

- Those currently undergoing one of the following administrative measures: (community education, administrative supervision, placement in educational or medical institutions).

- Those suffering from mental illness or lacking the ability to control their behavior; those who are not physically fit or have illnesses that make using hunting guns potentially dangerous, such as poor eyesight or deafness...

b. Individuals who have been granted permission to use hunting guns but subsequently commit any of the aforementioned violations may have their permit revoked, their hunting guns temporarily seized, and be required to store or sell their guns to others.

c. Foreign nationals residing or legally operating in Vietnam wishing to use hunting guns must meet the above-mentioned criteria and standards. Applications for the use of hunting guns should be submitted to the relevant Vietnamese authority responsible for foreign affairs, which will then forward the application along with its recommendation to the provincial Public Security agency, which in turn will submit it to the General Bureau of Public Security - Ministry of Interior for consideration and resolution.

3. Procedure for applying to purchase hunting guns.

Individuals purchasing hunting guns for personal use must apply for permission at the provincial Public Security agency, including the following documents:

- Application form for purchasing hunting guns (as prescribed).

- Personal history statement (certified by the People's Committee of the commune or the main managing body).

- Health certificate issued by a hospital or district general clinic (valid for no more than three months).

- Two 4x6 inch frontal headshots without hats.

- Present a national identity card.

4. Procedure for applying for permission to use hunting guns.

After purchasing a hunting gun, one must apply for a usage permit at the provincial Public Security agency, with the following documents:

- Application form for obtaining a hunting gun usage permit (as prescribed).

- Submission of the hunting gun purchase permit.

- Hunting gun usage permit of the previous owner or proof of purchase from a store.

- One 4x6 inch frontal headshot without hats.

5. Production, repair, and ammunition for hunting guns.

a. Individuals producing, repairing, or renting out hunting guns must meet the conditions stipulated in Article 21 of the Regulation.

b. Owners of hunting guns wishing to repair their guns must submit an application to the Public Security agency that issued their usage permit. Repair can only proceed after obtaining a permit specifying the details of the repair.

6. For ethnic minorities in mountainous areas eligible for preferential treatment, when applying for permits to purchase, use, repair, or transfer hunting guns, they should follow procedures at the county-level Public Security agency.

Mountainous areas eligible for preferential treatment are as defined by the State.

7. Bringing hunting guns into and out of the Socialist Republic of Vietnam shall be carried out according to the provisions of Article 27 of the Regulation.

a. Organizations or individuals in Vietnam wishing to bring hunting guns and ammunition into Vietnam must submit the documents specified in point 3, Section C, Part II of this Circular to the General Bureau of Public Security - Ministry of Interior through the provincial Public Security agency.

Only those with a permit from the General Bureau of Public Security - Ministry of Interior may bring hunting guns and ammunition into Vietnam.

- For Vietnamese citizens, if entrusting someone else to carry the guns, they must provide a confirmation letter from the carrier, clearly stating the passport number of the carrier. In cases where Vietnamese citizens receive gifts or presents of hunting guns and ammunition abroad and wish to bring them back, they must obtain confirmation from the diplomatic mission of the Socialist Republic of Vietnam in that country and declare at the customs upon entry, and also apply for permission from the General Bureau of Public Security - Ministry of Interior. The application includes:

+ Application for bringing hunting guns into Vietnam.

+ Personal history statement (certified by the People's Committee of the commune or the main managing body).

+ Health certificate issued by a hospital or district general clinic (valid for no more than three months).

+ Two 4x6 inch frontal headshots without hats.

+ Confirmation from the diplomatic representative.

+ Customs declaration upon entry.

- For foreigners, the procedure for bringing hunting guns into Vietnam includes:

+ Application for permission to bring hunting guns into Vietnam.

+ Passport with two 4x6 inch photos (passport only needs to be presented when submitting the application to the General Bureau of Public Security - Ministry of Interior).

+ A letter of request from the Vietnam Tourism Administration.

The above procedures should be sent to the General Bureau of Public Security - Ministry of Interior for review and resolution.

- Within fifteen days from the date of receipt of the application, the General Bureau of Public Security - Ministry of Interior must respond with the result.

- Each person is only allowed to bring one hunting gun with no more than one hundred rounds of ammunition once. Within ten days from the date of bringing the hunting gun and ammunition into Vietnam, they must apply for a usage permit at the provincial Public Security agency where they reside. If the permit was obtained but the hunting gun and ammunition were not actually brought in or if the permit has expired, the permit must be returned to the issuing authority.

b. Exporting:

- In the case of bringing hunting guns and ammunition for hunting tourism, when taking them out, the person must return the entry permit and usage permit to obtain an exit permit from the General Bureau of Public Security - Ministry of Interior.

- For other cases wishing to take hunting guns and ammunition out of Vietnam, they must submit a letter or application for permission (specifying the reason, quantity, type of weapons and ammunition, and the person carrying) to the provincial police or city police under the central government for review and transfer the file to the General Bureau of Public Security - Ministry of Interior for resolution.

D. MANAGEMENT OF EXPLOSIVES

1. Explosives are special technical materials uniformly managed by the State, only to be used for national production plans and combat operations. Organizations, agencies, units may only store, use, and transport explosives upon being authorized by competent state authorities.

2. Explosives: Depending on their purpose of use, they are referred to as industrial explosives or military explosives.

- Explosives used for security and defense purposes are military explosives, managed like military weapons.

- Explosives used for industrial production and other civilian purposes such as mining, mineral exploration, blasting rocks, etc., are industrial explosives. The management and use of industrial explosives must comply with the provisions of Chapter IV of the Regulation attached to Decree 47/CP and Decrees No. 27/CP dated April 20, 1995, No. 02/CP dated January 5, 1995, and No. 17/CP dated December 23, 1992 of the Government, and shall be detailedly guided by the Ministry of Industry.

E. MANAGEMENT OF ROUGH WEAPONS AND AUXILIARY TOOLS.

1. The subjects equipped with rough weapons and auxiliary tools as stipulated in Clause 1 of Article 38 of the Regulation, although the scope of subjects equipped is wider than military weapons, each force and unit can only equip very limited quantities for personnel directly engaged in work and combat deemed truly necessary.

2. Clause 2 of Article 38 of the Regulation assigns responsibilities to the Ministry of Defense and the Ministry of Interior for specifying the management system, standards, and registration for the forces. Among which, the Ministry of Defense specifies specific subjects for the People's Army, Self-Defense Militia, while the Ministry of Interior specifies specific subjects for other forces.

3. Some rough weapons that are also labor tools or commonly used means by the people in certain residential areas according to living customs; family heirlooms kept in some families, in museums, historical sites, temples, displayed in exhibitions are regulated and managed separately.

4. Conditions for equipping rough weapons and auxiliary tools are specified in Article 39 of the Regulation, specifically:

- A decision in writing by a competent state authority allowing the organization to be established and operate according to the law.

- The necessity requirement must be expressed in writing by the organization with confirmation and a request from the managing agency to the public security agency for equipment.

5. The use of rough weapons and auxiliary tools must comply with the provisions of Article 40 of the Regulation.

- Rough weapons carried by individuals must be recorded in the work permit. - The use of auxiliary tools must have a permit issued by a public security agency at the provincial level or higher.

- Nail guns can only be used in construction and other industrial production sectors and must be granted a usage permit like other auxiliary tools.

- Rough weapons and auxiliary tools can only be used during duty: To neutralize or control, apprehend criminals, prevent illegal acts endangering society, infringing on social order and safety, and in self-defense situations.

- Rough weapons and auxiliary tools must be strictly managed and centralized at the agency or unit equipped; Only handed over to individuals for use when performing official duties. Weekly maintenance and quality checks of rough weapons and auxiliary tools are required. Storage places must have specialized facilities for secure storage, ensuring quality meets technical requirements.

- When rough weapons and auxiliary tools are lost or damaged, the public security agency issuing the permit must be notified.

- In the case of transferring rough weapons and auxiliary tools within the agency or unit, it is decided by the head of the organization. If transferred to another agency or unit not listed in the usage permit, the public security agency issuing the permit must be informed.

6. Procedures for requesting the provision of rough weapons and auxiliary tools include:

- A decision establishing the agency or organization by the competent authority mentioned in point 4 above (a copy).

- A letter requesting the provision of rough weapons and auxiliary tools (specifying the necessity and the required quantity and types).

- An introduction letter from the agency or unit and identification card of the person delegated to handle the matter.

Provincial or municipal public security agencies are responsible for receiving the above files to issue purchase permits and registrations, and usage permits for agencies and organizations in the locality, including central agencies located in the locality. The General Bureau of Public Security - Ministry of Interior receives the files to process purchase permits and registrations, and usage permits for central agencies in the Hanoi area.

7. Production, repair, and trade in rough weapons and auxiliary tools.

Except for military establishments, only establishments permitted by the General Bureau of Public Security - Ministry of Interior can produce, repair, and trade in rough weapons and auxiliary tools and must comply with the special business regulations stipulated in Decree 17/CP dated December 23, 1992 and guidelines from the Ministry of Interior.

These establishments must ensure conditions regarding design and construction meeting technical safety standards, having fire and explosion prevention measures, and having a responsible staff with good moral character and trustworthiness who understand the principles of producing and manufacturing rough weapons and auxiliary tools. They can only produce and trade in types of rough weapons and auxiliary tools listed in the permit issued by a provincial-level public security agency or higher.

Establishments permitted to produce and trade in rough weapons and auxiliary tools cannot set up agents in other organizations. These establishments can only sell to subjects with purchase permits from provincial-level public security agencies and the General Bureau of Public Security - Ministry of Interior.

8. Export and import of rough weapons and auxiliary tools.

a. Only enterprises under the Ministry of Home Affairs with business licenses, direct import-export permits, and certificates of security and public order conditions issued by competent state agencies shall be considered for export and import licenses for simple weapons and auxiliary tools. Each shipment must have an export or import permit issued by the General Bureau of Public Security - Ministry of Home Affairs. The procedures for requesting export and import permits for simple weapons and auxiliary tools include:

- A letter requesting to bring simple weapons or auxiliary tools out of or into the Socialist Republic of Vietnam (specifying the reasons, needs, and service recipients).

- An introduction letter and identification card for the person handling the procedures.

- These documents must be submitted to the General Bureau of Public Security. Within fifteen days from the date of receiving all necessary documents, the General Bureau of Public Security - Ministry of Home Affairs must provide a response.

b. After importation, simple weapons and auxiliary tools must be recorded with detailed quantities and types, and reported to the issuing authority for inspection. In cases where it is not possible to bring out or in, or if the permit has expired, the permit must be returned to the issuing authority.

9. After obtaining permission, organizations that are equipped must conduct self-inspections and manage simple weapons and auxiliary tools and permits according to regulations.

Police forces at various levels must organize monitoring and strict management of facilities and organizations that are equipped, using, producing, or trading in simple weapons and auxiliary tools according to regulations.

10. Transfer and liquidation of simple weapons and auxiliary tools.

Annually, organizations must self-inspect the quality and implement transfers and liquidations according to regulations. For simple weapons and auxiliary tools that are damaged, deteriorated, or recovered regardless of their origin, a committee must be established to destroy them.

Transfers, liquidations, and destructions of simple weapons and auxiliary tools must establish a committee. This committee is decided by the Provincial Public Security Director, consisting of representatives from the issuing public security agency and the organization holding simple weapons and auxiliary tools. Destruction must follow the procedure correctly, ensuring safety; a detailed record must be made and reported to higher authorities as prescribed.

III. IMPLEMENTATION

This Circular takes effect from the date of signature, replacing previous circulars of the Ministry of Home Affairs that conflict with these guiding provisions.

The Ministry of Home Affairs requests that ministries, sectors, and provincial People's Committees coordinate to guide the implementation of this Circular.

The Ministry of Home Affairs assigns the General Bureau of Public Security the responsibility to inspect, guide, monitor, and direct the implementation of this Circular.

Heads of General Bureaus, Military Commands, Departments, and Bureaus under the Ministry of Home Affairs, and Provincial Public Security Directors have the responsibility to implement Decree 47/CP and this Circular.