Joint Circular No. 09/1998/TTLT-CA-TDTT guiding the management, equipping, use, preservation, transportation, repair, bringing into and out of Vietnam, and disposal and destruction of sports firearms

JOINT CIRCULAR

Guidelines for managing, equipping, using, storing, transporting,

repairing, bringing into, and taking out of Vietnam,

and liquidating and destroying sports firearms

________________

Implementing Decree No. 47/CP dated August 12, 1996 of the Government on the management of firearms, explosives, and auxiliary tools, the Sports Committee and the Ministry of Public Security shall uniformly guide the management, equipping, using, storing, transporting, repairing, liquidating, destroying, and bringing into and taking out of Vietnam various types of sports firearms as follows:

1- Combating counterfeit goods is the responsibility of all ministries, sectors, People's Committees at all levels, political and social organizations, enterprises, business households, and the entire population.

1- Types of sports firearms (SF) specified in point b, Clause 1, Article 1 of the Regulation on the management of firearms, explosives, and auxiliary tools issued pursuant to Decree No. 47/CP include:

a) Various types of sports rifles, sports pistols, air guns, moving target shooting guns, flying disc shooting guns used for training and competition purposes, and types of ammunition used for these firearms.

SFs are only equipped for subjects as stipulated in Point 1, Section A, Part II below for training and competition purposes. Organizations and entities equipped with sports firearms and ammunition must complete registration procedures and obtain permits from authorized public security agencies when using them.

b) Types of primitive weapons used for training and competition purposes include swords, spears, halberds, daggers, machetes, sabers, bows, crossbows, staffs, spears, etc.

For primitive weapons used for training and competition purposes, there must be a decision to equip issued by the Sports Committee or the Provincial Sports Department, Culture, Information, and Sports Department (hereinafter referred to as the Provincial Sports Department). Organizations and entities equipped with primitive weapons must record them in ledgers and manage them according to regulations; when carrying them outside the province or city where their headquarters are located for training or competition, they must have confirmation from the head of the organization or entity regarding the type of weapon in their work permit.

2- SFs are not equipped for individuals or organizations; individuals who possess SFs regardless of their source must declare and surrender them to public security agencies.

3- Organizations and entities that are equipped and use SFs must be subject to management by public security agencies and the Sports Committee as prescribed in Decree No. 47/CP and the guidelines set forth in this Circular.

4- Organizations, entities, and individuals entrusted with keeping and using SFs must strictly manage them, use them for their intended purpose in accordance with the law, and bear responsibility for the weapons entrusted to them.

5- SFs may not be used for other purposes.

II- EQUIPPING, MANAGING AND USING SPORTS FIREARMS

A- SUBJECTS ELIGIBLE FOR EQUIPMENT AND USE OF SFs

1- Subjects eligible for equipment and use of SFs as prescribed in Clause 2, Article 8 and point h, Clause 1, Article 38 of the Regulation issued pursuant to Decree No. 47/CP include:

a) Sports clubs, centers, training schools, talent schools, universities, colleges, and secondary vocational schools in sports established by competent state authorities.

b) Other state agencies requiring SFs for training and competition must obtain written approval from the Sports Committee.

2- The above organizations and entities can only be equipped with SFs if they meet the standards and conditions stipulated in Articles 13, 14, and 15 of the Regulation issued together with Decree No. 47/CP.

3- Procedures for requesting SFs:

a) Decision on establishing centers, clubs, training schools, etc., by competent state authorities as stipulated in point 1 above.

b) Written request for SFs from the directly managing agency of the center, club, training school, etc., specifying the quantity and types of SFs already equipped and those needed additionally.

c) For other state agencies requiring SFs, a written request must clearly state the need, purpose, quantity required, and must obtain written approval from the superior supervisory agency.

Local organizations and entities submit the above procedures to the Provincial Sports Department; the Provincial Sports Department reviews and recommends the Sports Committee to make a decision.

Organizations and entities under ministries, ministerial-level agencies, and government agencies submit the procedures to the Sports Committee for review and decision.

Within thirty days from the date of receipt of all documents, the Sports Committee must review and respond in writing to the requesting organizations and entities.

4- Using SFs

a) SFs can only be used for training and competition purposes. Safety checks must be conducted before and after training and competition as prescribed.

b) Actual firing during training or competition must be organized at a shooting range. In cases where a shooting range is not available, a safe location must be selected and approved in advance by the local county public security agency. Absolute safety measures must be taken during actual firing. Firearms and ammunition used in training and competition must comply with safety regulations.

c) In case of accidents during training, competition, transportation, storage, repair, etc., immediate rescue and remediation must be organized. The person causing the accident and the commander must be responsible for the consequences.

B- ISSUANCE OF PERMITS TO USE SFs

1- Permits to use SFs are issued by provincial public security agencies and are valid for three years from the date of issuance.

2- Procedures for requesting permits to use SFs

a) For newly equipped SFs

- Written decision by the Sports Committee allowing the equipping of SFs, specifying the quantity, type, serial number, caliber, and model of each type of SF.

- Written request for a permit to use SFs from the organization or entity equipped with SFs.

b) Renewal of expired permits to use SFs: organizations and entities equipped with SFs must return the expired permit and submit a written request for renewal along with a detailed list of each type of SF.

If the permit to use SFs is lost or damaged, the organization or entity must submit a written explanation of the loss or damage and request a new permit.

c) For organizations and entities that have been equipped with SFs but have not yet completed the permit issuance procedures, they must provide a certificate of origin of the SFs from the Sports Committee or the Provincial Sports Department.

d) Staff members sent by agencies or organizations to the Public Security Office to handle the procedures for obtaining permits to use sports firearms must have an introduction letter from their agency or organization and must present their national identity card.

e) The Public Security Office must issue the permit to use firearms within the latest fifteen days from the date of receiving all necessary documents.

C- STORAGE, TRANSPORTATION, REPAIR OF SPORTS FIREARMS

1- Storage:

a) For storage facilities of sports firearms, they must

- Be designed and constructed according to technical standards and fire safety requirements approved and inspected by the Fire Prevention and Fighting Police Department of the provincial Public Security Office.

- Have internal regulations and security plans, fire prevention and fighting plans, and safety equipment approved by the Department of Physical Education and Sports and the provincial Public Security Office.

- Strictly comply with inspection, storage, inventory control systems, maintain records, and implement reporting systems as prescribed.

- Assign personnel who meet the criteria and conditions stipulated in Articles 13 and 14 of the Regulation issued pursuant to Decree No. 47/CP to manage, guard, and regularly oversee the firearms.

b) Agencies and organizations equipped with sports firearms

- Must have secure storage facilities managed by designated personnel, maintaining records and keeping them clean.

- Shall only hand over firearms to individuals directly involved in training or competition, who must meet the criteria and conditions stipulated in Clause 1 of Article 13 of the Regulation issued pursuant to Decree No. 47/CP.

- Regularly check the quantity and quality of firearms, monitor inventory movements, and reconcile records with actual firearms.

- The head of the agency or organization equipped with sports firearms may conduct surprise inspections on the management, safety, and usage of firearms when necessary.

- Each year in October, agencies and organizations equipped with sports firearms must cooperate with the Public Security Office to register and obtain permits for regular inspections of the management and usage of firearms.

Inspections must be detailed and thorough, comparing each firearm with the records and usage permits. After the inspection, a report detailing the contents and results must be prepared and signed by the inspectors.

c) Individuals assigned firearms for training and competition

- May only use firearms for training and competition purposes, strictly adhering to usage and storage regulations and ensuring absolute safety.

- Are directly responsible for the firearms assigned to them.

- When carrying firearms for training or competition, they must carry the usage permit.

- Shall not lend or exchange firearms without authorization.

- In cases where continuous possession of firearms is required for training or competition, athletes may be assigned to keep firearms permanently based on decisions made by the Minister in charge of the Sports Committee or the Director of the Department of Physical Education and Sports.

2- Transportation of Firearms

a) When transporting firearms that have not been registered or do not have usage permits, or those that have usage permits but in large quantities (twenty or more), a transportation permit from the provincial Public Security Office must be obtained.

- The transportation of firearms must ensure absolute safety and secrecy, with security personnel accompanying the transport along the route specified in the permit.

- In case of emergencies or overnight stops during transportation, immediate reports must be made to the local Public Security Office for coordination and protection. Vehicles must not be parked in crowded areas or near important structures.

- For transportation within the province or city for training or competition purposes, no transportation permit from the Public Security Office is required, but a decision from the agency or organization needing the transport is necessary.

b) Procedures for requesting a transportation permit for firearms include:

- A request letter specifying the quantity, type, serial number of the firearms to be transported, origin, destination, time, and route.

- A decision on the transportation of firearms from the Sports Committee or the Director of the Department of Physical Education and Sports.

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

The application for a transportation permit must be submitted to the provincial Public Security Office (including central agencies located in the locality). Within five days from the date of receipt of all documents, the Public Security Office must respond whether to grant or deny the permit; if denied, the reasons must be clearly stated.

3- Repair of Firearms

a) Repairing firearms requires permission from the provincial Public Security Office and must be carried out at military or public security facilities. Minor repairs or replacement of parts that the agency or organization equipped with firearms can perform themselves do not require permission from the Public Security Office.

b) Procedures for requesting a repair permit for firearms include:

- A request letter specifying the quantity, type, serial number, model number, and details of the repair for each type of firearm and the repair facility.

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

The above documents must be submitted to the provincial Public Security Office. Within fifteen days from the date of receipt of the documents, the Public Security Office must respond whether to grant or deny the permit; if denied, the reasons must be clearly stated.

- Repairs must be conducted at the facilities listed in the permit.

4- If firearms are lost, immediate notification must be given to the direct superior and relevant authorities for resolution and handling.

D- BRINGING FIREARMS INTO AND OUT OF THE SOCIALIST REPUBLIC OF VIETNAM

1- Vietnamese organizations and individuals; foreign organizations and individuals bringing firearms into Vietnam from abroad or taking firearms out of Vietnam for training or competition must obtain permission from the Ministry of Public Security and comply strictly with the provisions of Decree No. 47/CP and this circular, ensuring strict management and safety, and bearing legal responsibility for the firearms brought in or out.

2- Procedures for requesting permission to bring firearms into and out of Vietnam for training or competition include:

- A request letter for a permit confirmed by the Sports Committee specifying the purpose, quantity, type, serial number, time, location, border gate, and means of transportation.

- An introduction letter and national identity card (or passport) of the person handling the procedure.

The General Administration of Police under the Ministry of Public Security is responsible for receiving applications, reviewing, and issuing permits within fifteen days.

3\. When bringing firearms and ammunition (VKTT) into or out of Vietnam for training or competition purposes, passports, declaration forms, and permits from the Ministry of Public Security must be presented to border police and customs officers. After completing the process of bringing VKTT into or out of Vietnam, the issuing authority must be reported to for verification and monitoring.

4\. Annually, the Sports Committee shall coordinate with the Ministry of Public Security to report to the Prime Minister for a decision on bringing VKTT from abroad into Vietnam for equipping authorized agencies and organizations.

The procedures for bringing in are stipulated in point 2 above.

E\. DISPOSAL AND DESTRUCTION

1\. Each year, agencies and organizations equipped with VKTT must classify the quality of each type of weapon. Those VKTT that are damaged beyond repair and cannot be restored for use must be proposed to the Sports Committee for destruction according to the provisions in point 2 below.

2\. The Chairman of the Sports Committee issues a decision to establish a disposal and destruction board at both central and provincial levels. The disposal and destruction board shall be chaired by a representative of the sports agency, with members including:

- A representative of the public security agency at the same level.

- A representative of the organization or entity whose VKTT needs to be destroyed.

3\. The destruction of VKTT must completely deform them so they cannot be restored. Safety must be ensured, and environmental pollution must not be caused. A record with signatures of all board members must be established during the destruction process.

III\. INSPECTION AND HANDLING OF VIOLATIONS

1\. Inspection Authority

In addition to those authorized to inspect as provided in points a, d, đ, e of Article 6 of the regulation promulgated under Decree No. 47/CP on the management of weapons, explosives, and auxiliary tools, sports sector officials listed below may inspect the management and use of VKTT by agencies and organizations equipped with VKTT within their jurisdiction:

- Officials overseeing and managing VKTT at provincial-level sports agencies and above.

- Directors of Provincial Sports Departments, and Heads of High Performance Sport Department I under the Sports Committee.

2- Violation Handling:

- Agencies and organizations violating the management system of VKTT will be subject to disciplinary action or administrative penalties according to Decree No. 49/CP dated August 15, 1996 of the Government, depending on the nature and severity of the violation.

- During the management process, responsible individuals, those assigned VKTT, or staff who violate the management system of VKTT will be subject to disciplinary action, administrative penalties according to Article 11 of Decree No. 49/CP dated August 15, 1996 of the Government, or criminal liability if applicable; if loss or damage occurs, compensation must be made according to the law.

IV- IMPLEMENTATION

1\. Ministries, ministerial-level agencies, government-affiliated agencies, and People's Committees of provinces and centrally-administered cities within their functions and tasks shall direct the implementation of this Circular.

2\. The High Performance Sport Department I and the General Police Department shall assist the Chairman of the Sports Committee and the Minister of Public Security in guiding, inspecting, monitoring, directing, and organizing the implementation of this Circular.

3\. This Circular takes effect fifteen days from the date of signature and replaces Circular No. 01/TT dated March 19, 1966 of the Ministry of Public Security and the Ministry of Sports (now the Sports Committee), and previous documents of the Ministry of Home Affairs (now the Ministry of Public Security) and the General Sports Administration (now the Sports Committee) that conflict with this Circular.