JOINT CIRCULAR No. 09/1998/TTLT-TDTT-CA GUIDING THE MANAGEMENT, EQUIPMENT, USE, STORAGE, TRANSPORTATION, REPAIR, IMPORT, EXPORT FROM VIETNAM AND DISPOSAL, DESTRUCTION OF SPORTS WEAPONS

JOINT CIRCULAR

Guidelines for managing, equipping, using, storing,

transporting, repairing, bringing into, and taking out of Vietnam,

liquidating, and destroying various types of sports firearms

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Implementing Decree No. 47/CP dated August 12, 1996 of the Government on the management of firearms, explosives, and auxiliary equipment, the Sports and Physical Training Committee and the Ministry of Public Security jointly issue guidelines for managing, 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 equipment 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 ammunition for such firearms.

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

b) Various types of primitive weapons used for training and competition purposes include swords, spears, halberds, daggers, broadswords, sabers, bows, crossbows, staffs, and other similar weapons.

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

2- SFs shall not be equipped for individuals or organizations. Individuals who possess SFs regardless of origin must declare and surrender them to public security authorities.

3- Organizations equipped with and using SFs must be subject to management by public security authorities and the Sports and Physical Training Committee in accordance with Decree No. 47/CP and the guidelines set forth in this Circular.

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

5- SFs shall not be used for any other purpose.

II- EQUIPPING, MANAGING AND USING SPORTS FIREARMS

A- SUBJECTS ELIGIBLE FOR EQUIPMENT AND USE OF SPORTS FIREARMS

1- Subjects eligible for equipment and use of SFs as stipulated 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, athletic talent schools, universities, colleges, and secondary vocational schools in physical education and sports established by competent state authorities.

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

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

3- Procedures for requesting equipment of SFs:

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

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

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

Local agencies and organizations submit the above procedures to the Provincial Sports and Physical Training Department; the Provincial Sports and Physical Training Department reviews and proposes the Sports and Physical Training Committee to make a decision.

Agencies and organizations under ministries, ministerial-level agencies, and government bodies submit the procedures to the Sports and Physical Training Committee for review and decision.

Within no more than 30 days from the date of receiving all documents, the Sports and Physical Training Committee must review and respond in writing to the requesting agency or organization.

4- Using SFs

a) SFs can only be used for training and competition. 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 by the local county public security authority prior to organizing the firing. Absolute safety measures must be taken during actual firing. Firearms and ammunition used in training and competition must ensure safety in accordance with 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 person in charge must bear responsibility for the consequences.

B- ISSUANCE OF PERMITS TO USE SPORTS FIREARMS

1- Permits to use SFs are issued by provincial public security authorities 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 and Physical Training Committee allowing the equipment 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 that has been equipped.

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

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 or entities that have been equipped with SFs and meet the criteria but have not yet completed the permit application process, they must provide a certificate of weapon origin from the Sports and Physical Training Committee or the Provincial Sports and Physical Training 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 warehouses storing 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 that ensure security, approved by the Department of Physical Education and Sports and the Provincial Public Security Office.

- Strictly comply with inspection, storage, and inventory control systems, maintain records, and report as required.

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

b) Agencies and organizations equipped with firearms

- Must have secure storage facilities managed by designated personnel, with records maintained and weapons cleaned regularly.

- 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 under Decree No. 47/CP.

- Regularly check quantities and quality, monitor inventory movements, and reconcile records with actual firearms.

- The head of the agency or organization equipped with firearms may conduct surprise inspections on storage, warehouse security, and firearm usage when necessary.

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

Inspections must be detailed and thorough, verifying each firearm against records and usage permits. After inspections, a report detailing the contents and results must be prepared and signed by all inspection team members.

c) Individuals assigned firearms for training and competition

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

- Are directly responsible for the firearms assigned to them.

- Must carry the usage permit when transporting firearms for training or competition.

- Shall not lend or exchange firearms without authorization.

- In cases where continuous possession of firearms is necessary for training or competition, athletes may be granted such possession by decision of 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 have usage permits but in large quantities (twenty or more), a transportation permit from the Provincial Public Security Office must be obtained.

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

- In case of incidents during transportation or overnight stops en route, local public security authorities must be informed for coordination in protection. Vehicles shall 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 transportation is necessary.

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

- A request letter specifying the quantity, type, serial number, origin, destination, time, and route of transportation.

- A decision on 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 receipt of complete 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 done at military or police facilities. Minor repairs or replacement of parts that the agency or organization equipped with firearms can perform themselves do not require a permit from the Public Security Office.

b) Procedures for requesting a repair permit for firearms

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

- 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 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 can only be conducted at facilities listed in the permit.

4- If firearms are lost, immediate notification must be made 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 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 security, and bear legal responsibility for the firearms brought in or out.

2- Procedures for requesting permission to bring firearms into and out of the Socialist Republic 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 transport for bringing in or out.

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

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

3\. When bringing firearms and ammunition 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 the police and customs at border gates. After completing the process of bringing firearms and ammunition 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 firearms and ammunition 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 firearms must classify the quality of each type of weapon. Those firearms that have been damaged and cannot be repaired for reuse must be proposed to the Sports Committee for destruction according to the provisions of point 2 below.

2\. The Chairman of the Sports Committee issues a decision to establish a disposal and destruction committee for firearms at the central level and provincial level. The disposal and destruction committee is 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 firearms need to be destroyed.

3\. The destruction of firearms must completely deform them so they cannot be restored. Safety must be ensured, and environmental pollution must not be affected. A record must be made with signatures of all committee members when destroying firearms.

III\. INSPECTION AND HANDLING OF VIOLATIONS

1\. Inspection Authority

In addition to those persons authorized to inspect according to 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 below are also authorized to inspect the management and use of firearms by agencies and organizations equipped with firearms within their jurisdiction:

- Officials overseeing and managing firearms at the provincial level or higher sports agencies.

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

2- Violation Handling:

- Agencies and organizations violating the firearm management system 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 firearms, or employees violating the firearm management system 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追究；如果丢失或损坏，必须依法赔偿。

IV- IMPLEMENTATION

1\. Ministries, ministerial-level agencies, directly affiliated government agencies, and provincial People's Committees under the direct jurisdiction of the Central Government shall, within their functions and duties, instruct the implementation of this Circular.

2\. The High Performance Sport I Bureau and the General Administration of Police shall be responsible for assisting the Sports Committee Chairman and the Minister of Public Security in guiding, supervising, directing, and organizing the implementation of this Circular.

3\. This Circular takes effect fifteen days from the date of signature; it replaces Circular No. 01/TT dated March 19, 1966, issued jointly by the Ministry of Public Security and the Ministry of Sports, and previous documents from 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.