Law on Management and Use of Weapons, Explosives Materials, and Supporting Tools Number 14/2017/QH14

LAW

Management, Use of Weapons, Explosives Materials, and Support Tools

On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Management and Use of Weapons, Explosives Materials, and Support Tools.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates the management and use of weapons, explosives materials, explosive precursors, support tools; principles and responsibilities of agencies, organizations, and individuals in managing and using weapons, explosives materials, explosive precursors, and support tools to protect national security, ensure social order and safety, protect human rights and citizens' rights, and serve economic and social development.

Article 2. Applicability

This Law applies to agencies, organizations, and individuals related to the management and use of weapons, explosives materials, explosive precursors, and support tools.

Article 3. Explanation of Terms

In this Law, the following terms shall be understood as follows:

1. Weapons are devices, means, or combinations of means manufactured or produced with the capability to cause harm, danger to human life and health, destruction of material structures, including: military weapons, hunting guns, crude weapons, sports weapons, and other weapons with similar functions and effects.

2. Military Weapons are weapons manufactured or produced to meet technical standards and designs of legitimate manufacturers, equipped for the People's Armed Forces and other forces as prescribed by this Law for performing official duties, including:

a) Handguns including: pistols, rifles, submachine guns, machine guns, anti-tank guns, grenade launchers;

b) Light weapons including: heavy machine guns, mortars, automatic cannons, anti-aircraft machine guns, individual anti-tank missiles;

c) Heavy weapons including: fighter aircraft, armed helicopters, tanks, armored vehicles, warships, submarines, ground artillery, anti-aircraft artillery, missiles;

d) Bombs, mines, grenades, torpedoes, depth charges; ammunition used for the types of weapons specified in points a, b, and c of this clause.

3. Hunting Guns are guns manufactured or produced manually or industrially, used for hunting, including: spring guns, air guns, and ammunition used for these types of guns.

4. Crude Weapons are weapons with simple construction and operating principles, manufactured or produced manually or industrially, including: daggers, swords, spears, halberds, staffs, machetes, sabers, cudgels, boxing gloves, throwing stars, bows, crossbows, darts.

5. Sports Weapons are weapons manufactured or produced manually or industrially, used for training and sports competitions, including:

a) Air rifles, pellet rifles, air pistols, BB guns, paintball guns, disc throwers, and ammunition used for these types of guns;

b) Crude weapons as defined in Clause 4 of Article 4 of this Law used for training and sports competitions.

6. Weapons with Similar Functions and Effects are weapons manufactured or produced manually or industrially, not following the technical standards and designs of legitimate manufacturers, capable of causing harm, danger to human life and health, destruction of material structures similar to military weapons, hunting guns, crude weapons, and sports weapons.

7. Explosives Materials are products that under the impact of initial stimuli cause rapid, strong chemical reactions, releasing heat, gas, light, producing sound, including:

a) Explosives are chemicals or mixtures produced and used to create explosions under the impact of initial stimuli;

b) Blasting accessories are detonators, detonating cords, slow-burning fuses, igniters, containers holding explosives that produce initial stimuli to trigger the explosion of explosive masses or specialized equipment containing explosives.

8. Military Explosives Materials are explosives materials used for defense and security purposes.

9. Industrial Explosives Civilian Explosives Materials

10. Explosive Precursors are hazardous chemicals directly used for producing explosives.

11. Support Tools are means or service animals used to perform official duties and protective tasks to limit or prevent persons violating the law from resisting or fleeing; protecting officials performing official duties or those executing protective tasks or signaling emergencies, including:

a) Electric stun guns, tear gas guns, poison guns, tranquilizer guns, electromagnetic guns, laser guns, nets; rope launcher guns; rubber bullets, noise flashbangs, marking rounds, and ammunition used for these types of guns;

b) Tear gas sprayers, irritant sprayers, poison sprayers, itching sprayers;

c) Smoke grenades, pepper spray grenades, flashbang grenades;

d) Electric batons, rubber batons, metal batons; handcuffs, caltrops, barbed wire; bulletproof vests; electric gloves, knife-catching gloves; shields, helmets; acoustic suppression devices;

e) Service animals are animals trained for use in national security protection and ensuring social order and safety;

f) Support tools with similar functions and effects are means manufactured or produced without following the technical standards and designs of legitimate manufacturers, having similar functions and effects as support tools specified in points a, b, c, and d of this clause.

12. Business refers to the buying and selling of weapons, explosives materials, explosive precursors, and support tools.

Article 4. Principles for managing and using firearms, explosives, explosive precursors, and auxiliary tools

1. Compliance with the Constitution and laws of the Socialist Republic of Vietnam.

2. The provision of firearms, explosives, and auxiliary tools must be within the authorized scope, for the designated subjects, and must meet technical standards and specifications.

3. Individuals managing and using firearms, explosives, explosive precursors, and auxiliary tools must ensure they have all required conditions as stipulated.

4. Persons issuing orders or decisions to use firearms, explosives, explosive precursors, and auxiliary tools shall bear responsibility for their orders and decisions.

5. The use of firearms, explosives, explosive precursors, and auxiliary tools must be appropriate to the intended purpose, comply with regulations, and minimize harm to people, property, and the environment.

6. Research, manufacture, production, business operations, provision, carrying, export, import, transportation, repair, and use of firearms, explosives, explosive precursors, and auxiliary tools must be permitted by competent authorities through issuance of licenses, confirmation certificates.

7. Firearms, explosives, explosive precursors, and auxiliary tools that are no longer needed, have expired, or are no longer usable must be recovered, liquidated, or destroyed.

8. Lost firearms, explosives, explosive precursors, auxiliary tools, and related licenses, confirmation certificates, certification documents, and certificates must be promptly reported to the competent management authority.

9. Firearms, explosives, explosive precursors, and auxiliary tools must undergo testing, inspection, evaluation, and registration according to the legal provisions on product quality management before being allowed to be produced, traded, or used in Vietnam.

Article 5. Prohibited Acts in Managing and Using Firearms, Explosives, Explosive Precursors, and Auxiliary Tools

1. Individuals owning firearms, explosives, and auxiliary tools, except for primitive weapons displayed as exhibits, antiques, or heirlooms.

2. Illegally researching, manufacturing, producing, buying, selling, exporting, importing, storing, transporting, repairing, or using firearms, explosives, explosive precursors, and auxiliary tools, or parts and components for assembling such items.

3. Illegally carrying firearms, explosives, explosive precursors, and auxiliary tools into or out of the territory of the Socialist Republic of Vietnam or into restricted areas, protected zones, and protected targets.

4. Misusing firearms, explosives, explosive precursors, and auxiliary tools to infringe upon national security, public order, social safety, lives, health, property, legitimate rights, and interests of organizations and individuals.

5. Deliberately damaging or destroying firearms, explosives, explosive precursors, and auxiliary tools entrusted to them.

6. Providing firearms, explosives, explosive precursors, and auxiliary tools to organizations or individuals who do not meet the prescribed requirements.

7. Exchanging, giving, lending, renting, mortgaging firearms, explosives, explosive precursors, and auxiliary tools, or parts and components for assembling such items; except for exchanging, giving, lending, renting primitive weapons for display as exhibits, antiques, or heirlooms.

8. Transporting, storing, or destroying firearms, explosives, explosive precursors, and auxiliary tools without ensuring safety or affecting the environment.

9. Seizing, buying, exchanging, giving, lending, renting, mortgaging, forging, repairing, or altering licenses, confirmation certificates, certification documents, and certificates regarding firearms, explosives, explosive precursors, and auxiliary tools.

10. Seizing, buying, exchanging, giving, sending, lending, renting, mortgaging scrap or waste from firearms, explosives, and auxiliary tools.

11. Illegally instructing, training, or organizing training on methods of manufacturing, producing, repairing, or using firearms, explosives, explosive precursors, and auxiliary tools in any form.

12. Concealing, failing to report, or assisting others in manufacturing, producing, carrying, buying, selling, repairing, exporting, importing, storing, transporting, or illegally using firearms, explosives, explosive precursors, and auxiliary tools.

13. Illegally excavating, searching for, or collecting firearms, explosives, and auxiliary tools; scrap or waste from firearms, explosives, and auxiliary tools.

14. Intentionally providing false information about the management of firearms, explosives, explosive precursors, and auxiliary tools; failing to report, reporting untimely, concealing, or distorting information about the loss, theft, accidents, or incidents involving firearms, explosives, explosive precursors, and auxiliary tools.

Article 6. Responsibilities of the head of agencies, organizations, enterprises equipped with and using firearms, explosives, explosive precursors, and support tools

1. Direct, organize implementation, and be responsible for managing and using firearms, explosives, explosive precursors, and support tools.

2. Only assign firearms, explosives, and support tools to persons meeting the conditions stipulated in Clause 1 of Article 7 of this Law.

3. Delegate persons meeting the conditions stipulated in Clause 1 of Article 8 of this Law to manage the warehouse and storage locations for firearms, explosives, explosive precursors, and support tools.

4. Arrange the warehouse and storage locations for firearms, explosives, explosive precursors, and support tools in accordance with the provisions of Clause 2 of Article 9 of this Law.

Article 7. Conditions and responsibilities of persons assigned to use firearms, explosives, and support tools

1. Persons assigned to use firearms, explosives, and support tools must ensure the following conditions:

a) Having full capacity for civil acts;

b) Possess good moral character and adequate health suitable for the assigned work;

c) Not currently subject to administrative sanctions or under criminal investigation; have been pardoned if convicted according to court judgments and decisions;

d) Have undergone training and received certification on the use of firearms, explosives, and support tools.

2. Persons assigned to use firearms, explosives, and support tools have the following responsibilities:

a) Use firearms, explosives, and support tools for their intended purposes and in accordance with regulations;

b) When carrying firearms or support tools, carry the certificate and permit for use;

c) Store firearms, explosives, and support tools properly, in accordance with procedures, ensuring safety, preventing loss or damage;

d) Hand over firearms, explosives, support tools, and permits to responsible managers and custodians in accordance with regulations after completing the assigned task or upon expiration of the assignment period.

3. The Government shall specify the training and issuance of certificates on the use of firearms, explosives, and support tools.

Article 8. Conditions and responsibilities of persons assigned to manage warehouses and storage locations for firearms, explosives, explosive precursors, and support tools

1. Persons assigned to manage warehouses and storage locations for firearms, explosives, explosive precursors, and support tools must ensure the following conditions:

a) Having full capacity for civil acts;

b) Possess good moral character and adequate health suitable for the assigned work;

c) Not currently subject to administrative sanctions or under criminal investigation; have been pardoned if convicted according to court judgments and decisions;

d) Have undergone training and received certification on the management of firearms, military explosives, and support tools; certification on fire prevention and firefighting technical training, industrial explosives safety technology, and explosive precursor training;

đ) Be thoroughly familiar with internal rules, management systems, and storage procedures for warehouses and storage locations for firearms, explosives, explosive precursors, and support tools.

2. Persons assigned to manage warehouses and storage locations for firearms, explosives, explosive precursors, and support tools must implement procedures correctly, ensuring safety and preventing loss or damage.

3. The Government shall specify the training and issuance of certifications on the management of firearms, military explosives, and support tools; certification on industrial explosives safety technology and explosive precursor training.

Article 9. Management and storage of firearms, explosives, explosive precursors, and support tools

1. Firearms, explosives, explosive precursors, and support tools must be managed and stored in accordance with procedures, ensuring safety and preventing loss or damage.

2. Warehouses and storage locations for firearms, explosives, explosive precursors, and support tools must be arranged, designed, and constructed in compliance with technical standards and norms for safety, fire prevention, and explosion prevention, ensuring environmental protection as prescribed; they must have internal rules, security plans, fire prevention and firefighting plans, emergency response plans for chemical accidents, and safety assurance measures approved by competent authorities.

3. The Government shall provide detailed regulations on the management and storage of firearms, explosives, explosive precursors, and support tools.

Article 10. Recovery of firearms, military explosives materials, auxiliary tools and permits, certificates, licenses, and certificates regarding management and use of firearms, explosives materials, explosive precursors, and auxiliary tools.

1. Firearms, military explosives materials, and auxiliary tools equipped for agencies, organizations, and enterprises shall be recovered in the following cases:

a) The agency, organization, or enterprise is dissolved, transformed, divided, separated, merged, or consolidated;

b) The firearms, military explosives materials, and auxiliary tools are no longer needed, have expired, or are no longer usable;

c) They do not belong to the category eligible for equipping under this Law.

2. Permits and certificates regarding firearms, military explosives materials, and auxiliary tools issued to agencies, organizations, and enterprises shall be recovered in the following cases:

a) The cases stipulated in Clause 1 of this Article;

b) The firearms or auxiliary tools are lost;

c) The production, business operation, repair, and auxiliary tool organizations and enterprises are dissolved, transformed, divided, separated, merged, or consolidated;

d) The permit or certificate was issued beyond authority.

3. Certificates and certificates regarding management and use of firearms, explosives materials, explosive precursors, and auxiliary tools issued to individuals shall be recovered in the following cases: transferring to other jobs, retirement, resignation, or no longer meeting the conditions stipulated.

The direct managing agency is responsible for recovering the certificates and certificates and submitting them to the competent agency that issued them.

4. Permits and certificates regarding management and use of industrial explosives materials and explosive precursors issued to organizations and enterprises shall be recovered in the following cases:

a) The production, business operation, transportation, and use of industrial explosives materials and explosive precursor organizations and enterprises are dissolved, transformed, divided, separated, merged, or consolidated;

b) Ceasing activities related to industrial explosives materials and explosive precursors;

c) Not ensuring the conditions for production, business operation, transportation, and use of industrial explosives materials and explosive precursors as prescribed by this Law; not fully complying with or not properly implementing the contents stipulated in the permit or certificate;

d) The permit or certificate was issued beyond authority;

đ) Not conducting business operations with industrial explosives materials and explosive precursors within six months from the date of issuance of the business operation permit.

5. Permits, certificates, licenses, and certificates regarding management and use of firearms, explosives materials, explosive precursors, and auxiliary tools that are damaged or have expired must be handed over to the competent agency that issued them for reissue or replacement.

Article 11. Procedures for recovery of firearms, military explosives materials, auxiliary tools, and permits, certificates, licenses, and certificates regarding management and use of firearms, explosives materials, explosive precursors, and auxiliary tools.

1. Agencies, organizations, and enterprises falling under the provisions of Article 10 of this Law shall be responsible for preparing documents and procedures to request recovery. The application documents include:

a) A document requesting recovery;

b) An introduction letter accompanied by a copy of the Citizen Identity Card, Identity Card, Passport, People's Police Identity Card, or identity card issued by the People's Army of Vietnam of the person making contact.

2. The documents specified in Clause 1 of this Article shall be prepared in one set and submitted to the agency issuing the permit, certificate, license, or certificate.

3. Within five working days from the date of receipt of complete documents, the competent agency issuing the permit, certificate, license, or certificate must recover the firearms, military explosives materials, auxiliary tools, and permits, certificates, licenses, and certificates regarding management and use of firearms, explosives materials, explosive precursors, and auxiliary tools.

4. In cases where agencies, organizations, and enterprises do not request the recovery of firearms, military explosives materials, auxiliary tools, and permits, certificates, licenses, or certificates, the issuing agency must inspect, prepare a record, organize recovery, and handle according to regulations.

5. The Government shall provide detailed regulations on this matter.

Article 12. Cases of bringing weapons and auxiliary tools into and out of the territory of the Socialist Republic of Vietnam

1. Foreign agencies, organizations, and individuals may bring weapons and auxiliary tools from abroad into and out of the territory of the Socialist Republic of Vietnam in the following cases:

a) Protecting international guests who are security-protected persons visiting and working in Vietnam;

b) Training and sports competitions; exhibitions, displays, sales presentations, product introductions; making props for cultural and artistic activities;

c) In accordance with programs and plans of the Ministry of National Defense and the Ministry of Public Security.

2. Vietnamese agencies, organizations, and individuals may bring weapons and auxiliary tools into and out of the territory of the Socialist Republic of Vietnam in the following cases:

a) Protecting security-protected persons as prescribed by the Law on Security Protection;

b) Training and sports competitions; exhibitions, displays, sales presentations, product introductions; making props for cultural and artistic activities;

c) In accordance with programs and plans of the Ministry of National Defense and the Ministry of Public Security.

3. Agencies, organizations, and individuals bringing weapons and auxiliary tools into and out of the territory of the Socialist Republic of Vietnam not falling under the provisions of Clause 1 and Clause 2 of this Article must obtain the consent of the Minister of Public Security.

Article 13. Quantity and types of weapons and auxiliary tools permitted to be brought into and out of the territory of the Socialist Republic of Vietnam

1. Agencies, organizations, and individuals are permitted to bring up to ten short firearms along with their ammunition and accessories (if any), and auxiliary tools into and out of the territory of the Socialist Republic of Vietnam for protective duties. If more than ten short firearms or other types and their ammunition and accessories (if any) are to be brought in or out, such action must be approved by the Minister of Public Security.

2. The competent public security agency designated by the Minister of Public Security shall decide the quantity and types of weapons and auxiliary tools to be brought into and out of the territory of the Socialist Republic of Vietnam for training and sports competitions; exhibitions, displays, sales presentations, product introductions; making props for cultural and artistic activities.

3. The quantity and types of weapons and auxiliary tools to be brought into and out of the territory of the Socialist Republic of Vietnam as stipulated in Point c Clause 1 and Point c Clause 2 of Article 12 of this Law shall be decided by the Minister of National Defense and the Minister of Public Security.

Article 14. Procedures for Issuing Permits to Bring Weapons and Auxiliary Tools into and out of the Territory of the Socialist Republic of Vietnam

1. The application dossier for issuing permits to bring weapons and auxiliary tools into and out of the territory of the Socialist Republic of Vietnam as stipulated in Point a Clause 1 and Point a Clause 2 of Article 12 of this Law includes:

a) A request document clearly stating the reasons, duration of bringing in and out, full name, identification number, date of issuance of the Citizen Identity Card, Identity Card, or Passport of the person carrying weapons and auxiliary tools; quantity, types, brand, serial number, marking of weapons and auxiliary tools; ammunition and accessories (if any) and means of transportation; border gate for bringing weapons and auxiliary tools into and out of the territory of the Socialist Republic of Vietnam;

b) An introduction letter accompanied by a copy of the Citizen Identity Card, Identity Card, Passport, People's Public Security Identity Card, or certificate issued by the People's Army of Vietnam of the person making contact;

c) A document of agreement of the Minister of Public Security as prescribed in Clause 1 of Article 13 of this Law.

2. The application dossier for issuing permits to bring weapons and auxiliary tools into and out of the territory of the Socialist Republic of Vietnam as stipulated in Point b Clause 1 and Point b Clause 2 of Article 12 of this Law and in cases according to the program and plan of the Ministry of Public Security includes:

a) Documents as prescribed in Point a and Point b Clause 1 of this Article;

b) A copy of the decision, program, or plan of the competent state authority.

3. The application dossier for issuing permits to bring weapons and auxiliary tools into and out of the territory of the Socialist Republic of Vietnam as stipulated in Clause 3 of Article 12 of this Law includes:

a) Documents as prescribed in Point a and Point b Clause 1, Point b Clause 2 of this Article;

b) A document of agreement of the Minister of Public Security.

4. The dossiers prescribed in Clauses 1, 2, and 3 of this Article shall be compiled into one set and submitted to the competent public security agency designated by the Minister of Public Security. Within three working days from the date of receipt of complete dossiers, the competent public security agency shall issue the permit; if the permit is not issued, a written response with clear reasons must be provided.

5. The procedures for issuing permits for bringing weapons and auxiliary tools into and out of the territory of the Socialist Republic of Vietnam according to the program and plan of the Ministry of National Defense shall be carried out in accordance with the regulations of the Minister of National Defense.

Article 15. Management and use of firearms, explosives, and auxiliary tools for exhibitions, displays, sales presentations, product introductions, or as props in cultural and artistic activities

Clause 1. Firearms and auxiliary tools used for exhibitions, displays, or as props in cultural and artistic activities must be rendered ineffective and inoperative.

Clause 2. Firearms and auxiliary tools may only be used for sales presentations and product introductions at times and locations registered with the competent authority.

In cases where they are brought into the territory of the Socialist Republic of Vietnam for sales presentations and product introductions, after the expiration of the presentation period, all quantities and types of firearms and auxiliary tools according to the permit must be removed from the territory of the Socialist Republic of Vietnam.

Clause 3. Film studios operating under the provisions of the Cinema Law, museums, and artistic performance units may use firearms and auxiliary tools for exhibitions, displays, or as props in cultural and artistic activities.

Clause 4. Where agencies or organizations require the use of firearms and auxiliary tools that still have operational capabilities and explosives as props in cultural and artistic activities, the Minister of Public Security shall decide after reaching consensus with the Minister of Culture, Sports, and Tourism for cases within the purview of the Ministry of Public Security; the Minister of National Defense shall decide for cases within the purview of the Ministry of National Defense.

The use of firearms and auxiliary tools that still have operational capabilities and explosives as props in cultural and artistic activities shall be carried out by specialized agencies of the Ministry of Public Security or the Ministry of National Defense.

Clause 5. Procedures for issuing permits for the acquisition and use of firearms and auxiliary tools for exhibitions, displays, or as props in cultural and artistic activities for entities not within the purview of the Ministry of National Defense shall be implemented as follows:

Point a) The application dossier includes: a request letter from the agency, organization, or enterprise specifying the reasons and needs for use, types, and quantities of firearms and auxiliary tools; a copy of the establishment decision or business license; an introduction letter accompanied by a copy of the citizen identification card, identity card, passport, or People's Police identification card of the person making contact;

Point b) The dossier specified in point a of this clause shall be prepared in one set and submitted to the competent public security agency as prescribed by the Minister of Public Security;

Point c) Within five working days from the date of receipt of the complete dossier, the competent public security agency shall issue permits for the acquisition and use of firearms and auxiliary tools; if issuance is denied, a written response stating the reasons must be provided.

Clause 6. Procedures for issuing permits for the acquisition and use of firearms and auxiliary tools for exhibitions, displays, or as props in cultural and artistic activities for entities within the purview of the Ministry of National Defense shall be implemented in accordance with regulations of the Minister of National Defense.

Clause 7. The Government shall provide detailed regulations on the authority, procedures, and processes for rendering ineffective and confirming the status of firearms and auxiliary tools used for exhibitions, displays, or as props in cultural and artistic activities.

Article 16. Appraisal of firearms and auxiliary tools with similar functions and effects

Clause 1. Competent authorities for appraising firearms and auxiliary tools with similar functions and effects include:

Point a) The Institute of Criminal Science under the Ministry of Public Security;

Point b) The Criminal Technical Investigation Department under provincial police;

Point c) The Forensic Technical Appraisal Department under the Ministry of National Defense.

Clause 2. Procedures and processes for appraising firearms and auxiliary tools with similar functions and effects shall be carried out in accordance with the Law on Judicial Appraisal.

Chapter II

MANAGEMENT AND USE OF FIREARMS

Article 17. Research, manufacture, production, business, export, import, repair of weapons

Clause 1. Organizations and enterprises under the Ministry of National Defense and the Ministry of Public Security shall conduct research, manufacture, production, business, export, import, and repair of weapons.

Clause 2. Other organizations and enterprises that meet the required conditions may participate in research, manufacture, production, and repair of weapons.

3. The Government shall provide detailed regulations on this Article.

Article 18. Subjects equipped with military weapons

Clause 1. The subjects equipped with military weapons include:

Point a) People's Army;

Point b) Self-defense Forces;

Point c) Coast Guard;

Point d) People's Public Security;

Point đ) Cryptographic Services;

Point e) Investigation Agency of the Supreme People's Procuracy;

Point g) Forest Rangers, Fisheries Inspectors;

Point h) Aviation Security;

Point i) Customs at border gates, specialized anti-smuggling forces of Customs.

Clause 2. The Minister of National Defense shall base on the nature, requirements, and tasks to stipulate the provision of military weapons for subjects under the management of the Ministry of National Defense, including the People's Army, Self-defense Forces, Coast Guard, and Cryptographic Services.

Clause 3. The Minister of Public Security shall base on the nature, requirements, and tasks to stipulate the provision of military weapons for subjects not under the management of the Ministry of National Defense.

Article 19. Types of military weapons provided to Cryptographic Services, Investigation Agency of the Supreme People's Procuracy, Forest Rangers, Fisheries Inspectors, Aviation Security, Customs at border gates, and specialized anti-smuggling forces of Customs

Clause 1. Cryptographic Services, Investigation Agency of the Supreme People's Procuracy, and Aviation Security shall be provided with short-barreled firearms and ammunition suitable for such firearms.

Clause 2. Forest Rangers, Customs at border gates, and specialized anti-smuggling forces of Customs shall be provided with short-barreled firearms, submachine guns, and ammunition suitable for these firearms.

Clause 3. Fisheries Inspectors shall be provided with short-barreled firearms, submachine guns, medium machine guns, heavy machine guns with barrel calibers up to 14.5 mm, and ammunition suitable for these firearms.

Clause 4. In cases where it is necessary to provide types of military weapons outside those specified in Clauses 1, 2, and 3 of this Article, the decision shall be made by the Prime Minister.

Article 20. Procedures for providing military weapons

Clause 1. The procedures for providing military weapons to subjects not under the management of the Ministry of National Defense shall be carried out as follows:

Point a) The application file includes: a request document from the agency or unit clearly stating the needs, conditions, quantity, type, accompanied by a leadership approval document of the Ministry or sector; a copy of the establishment decision of the agency or unit; an introduction letter accompanied by a copy of the Citizen Identity Card, Identity Card, Passport, or Public Security Identity Card of the person making contact;

Point b) The dossier specified in point a of this clause shall be prepared in one set and submitted to the competent public security agency as prescribed by the Minister of Public Security;

Point c) Within five working days from the date of receiving all files, the competent public security authority shall issue a Permit for Providing Military Weapons and guide the agency or unit to implement the provision; if not issued, a written response must be given along with the reasons;

Point d) The Permit for Providing Military Weapons has a validity period of thirty days.

Clause 2. The procedures for providing military weapons to subjects under the management of the Ministry of National Defense, including the People's Army, Self-defense Forces, Coast Guard, and Cryptographic Services, shall be implemented according to the regulations of the Minister of National Defense.

Article 21. Procedures for issuing Permits for Using Military Weapons

Clause 1. The procedures for issuing Permits for Using Military Weapons to subjects not under the management of the Ministry of National Defense shall be carried out as follows:

Point a) The application file for issuing a Permit for Using Military Weapons includes: a request document clearly stating the quantity, type, country of production, brand, serial number, and code of each military weapon; a copy of the Permit for Providing Military Weapons; a copy of the invoice or warehouse release form; an introduction letter accompanied by a copy of the Citizen Identity Card, Identity Card, Passport, or Public Security Identity Card of the person making contact;

Point b) The application file for renewing or replacing a Permit for Using Military Weapons includes: a request document clearly stating the reason; quantity, type, country of production, brand, serial number, and code of each military weapon; an introduction letter accompanied by a copy of the Citizen Identity Card, Identity Card, Passport, or Public Security Identity Card of the person making contact. If the Permit for Using Military Weapons is lost or damaged, the file must include a document explaining the reason for loss or damage and the result of handling;

Point c) The file specified in point a and point b of this clause shall be established in one set and submitted to the competent public security authority designated by the Minister of Public Security;

Point d) Within ten working days from the date of receiving all files, the competent public security authority shall inspect the actual situation, issue a Permit for Using Military Weapons; if not issued, a written response must be given along with the reasons;

Point đ) A Permit for Using Military Weapons shall only be issued to agencies and units that have been provided with military weapons and shall have a validity period of five years. Expired permits shall be renewed; lost or damaged permits shall be replaced.

Clause 2. The procedures for issuing Permits for Using Military Weapons to subjects under the management of the Ministry of National Defense, including the People's Army, Self-defense Forces, Coast Guard, and Cryptographic Services, shall be implemented according to the regulations of the Minister of National Defense.

Article 22. Principles for the use of military weapons

1. When performing military tasks, national defense, and protecting the country, the use of military weapons shall be carried out in accordance with the provisions of the law on national defense.

2. When performing tasks to ensure security, public order, and social safety, the use of military weapons must comply with the following principles:

a) It must be based on the situation, nature, and level of danger of the act committed by the perpetrator to decide on the use of military weapons;

b) Military weapons may only be used when there is no other means to prevent the perpetrator's act and after a warning has been given but the perpetrator does not comply. If the use of military weapons is not timely, it will directly threaten the lives and health of the law enforcement officers or others, or could cause particularly serious consequences, then they may be used immediately;

c) Military weapons shall not be used when it is known that the perpetrator is a woman, a person with disabilities, a child, or an elderly person, except in cases where these individuals use weapons, explosives to attack or resist, threatening the lives and health of law enforcement officers or others;

d) In all cases, the person using military weapons must limit the damage caused by the use of such weapons.

3. When performing independent tasks, the use of military weapons must comply with the provisions of Clause 2 of this Article, Article 23 of this Law, and other relevant legal provisions.

When performing organized tasks, the use of military weapons must follow the orders of those in authority. The person issuing the order must comply with the provisions of Clause 2 of this Article, Article 23 of this Law, other relevant legal provisions, and bear responsibility for their decision.

4. The person assigned to use military weapons shall not be held responsible for damages if the use of military weapons complies with the provisions of Clause 3 of this Article; in cases where the use of military weapons exceeds the limits of justifiable self-defense, causing clear damage exceeding the requirements of the emergency situation, exploiting or misusing the use of military weapons to infringe upon the lives, health, rights, and legitimate interests of agencies, organizations, or individuals, they shall be dealt with according to the provisions of the law.

Article 23. Circumstances for firing military weapons when performing tasks to ensure security and public order

1. A person performing an independent task must warn by action, verbal command, or firing a warning shot before firing at the perpetrator in the following circumstances:

a) The perpetrator is currently using weapons, explosives, force, or other tools, means to attack or resist, threatening the lives and health of law enforcement officers or others;

b) The perpetrator is currently using weapons, explosives, force, or other tools, means to disrupt public order, threatening the lives and health, property of others;

c) A person who is being pursued, arrested, detained under urgent circumstances, temporarily detained, temporarily imprisoned, or escorted, tried, or serving a sentence is resisting, threatening the lives and health of law enforcement officers or others; the perpetrator is freeing a person being escorted, detained, or escorted due to serious crimes, very serious crimes, extremely serious crimes, or dangerous recidivism;

d) When it is clearly known that the perpetrator is committing a serious crime, a very serious crime, or an extremely serious crime;

đ) Firing can be directed at motor vehicles on land, inland waterway vessels, except for vehicles of foreign diplomatic missions, consular offices, or international organization representative offices to stop them in cases where the perpetrator controlling the vehicle attacks or directly threatens the lives of law enforcement officers or others; when it is clearly known that the vehicle controlled by the criminal is deliberately fleeing, except when the vehicle carries people or hostages; when it is clearly known that the vehicle carries the criminal or illegal weapons, explosives, subversive documents, state secrets, narcotics, national treasures, and is deliberately fleeing, except when the vehicle carries people or hostages.

2. A person performing an independent task may fire at the perpetrator without warning in the following circumstances:

a) The perpetrator is directly committing acts of terrorism, murder, kidnapping, or is directly using weapons, explosives against arrest immediately after committing such acts;

b) The perpetrator is producing, buying, selling, storing, transporting, or organizing the illegal use of narcotics and is directly using weapons, explosives against arrest;

c) The perpetrator is using weapons, explosives to attack or directly threaten the safety of protected persons, important facilities related to national security, or important targets protected by law;

d) The perpetrator is using weapons, explosives, force directly threatening the lives of law enforcement officers or others;

đ) The perpetrator is directly attempting to seize the weapon of a law enforcement officer;

e) Firing can be directed at animals that are directly threatening the lives and health of law enforcement officers or others.

Article 24. Subjects eligible for the provision of sports firearms

1. Subjects eligible for the provision of sports firearms include:

Point a) People's Army;

Point b) Self-defense Forces;

c) People's Public Security;

d) Clubs and training institutions with operating licenses;

đ) National Defense and Security Education Centers;

e) Other agencies and organizations established and licensed to operate in sports training and competition.

2. The Minister of National Defense shall base on the nature, requirements, and tasks to stipulate the provision of sports firearms for subjects under the management of the People's Army, Self-Defense Forces, National Defense and Security Education Centers, and sports clubs and training institutions under the management of the Ministry of National Defense.

3. The Minister of Public Security shall base on the nature, requirements, and tasks to stipulate the provision of sports firearms for subjects not under the management of the Ministry of National Defense after reaching consensus with the Minister of Culture, Sports and Tourism.

Article 25. Procedures for the provision of sports firearms

1. Procedures for the provision of sports firearms for subjects not under the management of the Ministry of National Defense shall be carried out as follows:

a) Application documents shall include: a request document clearly stating the needs, conditions, quantity, and types of sports firearms required; a document agreeing to the provision of sports firearms from the competent authority as prescribed by the Minister of Culture, Sports and Tourism; copies of the establishment decision, copies of the Operating License or copies of the Business Registration Certificate; an introduction letter accompanied by a copy of the Citizen Identity Card, Identity Card, Passport, or Police Officer Identity Card of the person making contact;

Point b) The dossier specified in point a of this clause shall be prepared in one set and submitted to the competent public security agency as prescribed by the Minister of Public Security;

c) Within five working days from the date of receiving complete application documents, the competent public security authority shall issue a Permit for the Provision of Sports Firearms and guide the agency, organization, or unit to implement the provision; if not issued, a written response must be provided with clear reasons;

d) The Permit for the Provision of Sports Firearms has a validity period of thirty days.

2. Procedures for the provision of sports firearms for subjects under the management of the People's Army, Self-Defense Forces, National Defense and Security Education Centers, and sports clubs and training institutions under the management of the Ministry of National Defense shall be carried out according to the regulations of the Minister of National Defense.

Article 26. Procedures for issuing Permits to Use Sports Firearms

1. Procedures for issuing Permits to Use Sports Firearms as stipulated at point a, Clause 5, Article 3 of this Law for subjects not under the management of the Ministry of National Defense shall be carried out as follows:

a) Application documents for issuing a Permit to Use Sports Firearms shall include: a request document clearly stating the quantity, type, country of manufacture, brand, serial number, and code of each sports firearm; a copy of the Permit for the Provision of Sports Firearms; a copy of the invoice or a copy of the inventory withdrawal form; proof of legitimate origin of the sports firearm; an introduction letter accompanied by a copy of the Citizen Identity Card, Identity Card, Passport, or Police Officer Identity Card of the person making contact;

b) Application documents for issuing a replacement or reissue of a Permit to Use Sports Firearms shall include: a request document clearly stating the reason; quantity, type, country of manufacture, brand, serial number, and code of each sports firearm; an introduction letter accompanied by a copy of the Citizen Identity Card, Identity Card, Passport, or Police Officer Identity Card of the person making contact. In case the Permit to Use Sports Firearms is lost or damaged, the application documents must include a document clearly stating the reason for loss or damage and the result of handling;

Point c) The file specified in point a and point b of this clause shall be established in one set and submitted to the competent public security authority designated by the Minister of Public Security;

d) Within ten working days from the date of receiving complete application documents, the competent public security authority shall inspect the actual situation and issue a Permit to Use Sports Firearms; if not issued, a written response must be provided with clear reasons;

đ) A Permit to Use Sports Firearms shall only be issued to agencies, organizations, and units that have been provided with sports firearms and shall have a validity period of five years. Expired Permits to Use Sports Firearms shall be replaced; lost or damaged Permits shall be reissued.

2. Sports firearms as stipulated at point b, Clause 5, Article 3 of this Law must be declared according to the provisions at point a, Clause 1, Article 30 of this Law.

3. Procedures for issuing Permits to Use Sports Firearms for subjects under the management of the People's Army, Self-Defense Forces, National Defense and Security Education Centers, and sports clubs and training institutions under the management of the Ministry of National Defense shall be carried out according to the regulations of the Minister of National Defense.

Article 27. Use of Sporting Weapons

1. Sporting weapons shall be used for training and competition at shooting ranges or designated locations, under guard and with safety measures in place; they must comply with training programs, sports competition rules, and tournament regulations.

2. Sporting weapons must be inspected for safety before, during, and after training and competition.

3. Sporting weapons shall be provided to athletes, coaches, students, or members who fall within the categories specified in Clause 1 of Article 24 of this Law for training and competition at designated locations.

Article 28. Subjects Eligible for Provision of Rough Weapons

1. The subjects eligible for provision of rough weapons include:

Point a) People's Army;

Point b) Self-defense Forces;

Point c) Coast Guard;

Point d) People's Public Security;

Point đ) Cryptographic Services;

e) Forest rangers, Fisheries inspectors;

g) Aviation security;

h) Customs checkpoints, specialized anti-smuggling forces of Customs;

i) Sports clubs, training and coaching facilities with operating licenses;

k) National defense and security education centers.

2. The Minister of National Defense shall base on the nature, requirements, and tasks to stipulate the provision of rough weapons for subjects within the People's Army, Self-Defense Militia, Coast Guard, national defense and security education centers, Cryptographic Services, and sports clubs, training and coaching facilities under the management of the Ministry of National Defense.

3. The Minister of Public Security shall base on the nature, requirements, and tasks to stipulate the provision of rough weapons for subjects not under the management of the Ministry of National Defense.

Article 29. Procedures for Provision of Rough Weapons

1. The procedures for providing rough weapons to subjects not under the management of the Ministry of National Defense shall be carried out as follows:

a) The application file shall include: a request document clearly stating the needs, conditions, quantity, and types of rough weapons required; a copy of the decision on establishment or a copy of the Business Registration Certificate; an introduction letter accompanied by a copy of the Citizen Identity Card, Identity Card, Passport, or Police Officer Identity Card of the person making contact;

Point b) The dossier specified in point a of this clause shall be prepared in one set and submitted to the competent public security agency as prescribed by the Minister of Public Security;

c) Within five working days from the date of receiving all necessary documents, the competent public security authority shall issue a Permit for Provision of Rough Weapons; if it does not issue the permit, it must provide a written response and specify the reasons;

d) The Permit for Provision of Rough Weapons has a validity period of thirty days.

2. The procedures for providing rough weapons to subjects within the People's Army, Self-Defense Militia, Coast Guard, national defense and security education centers, Cryptographic Services, and sports clubs, training and coaching facilities under the management of the Ministry of National Defense shall be carried out according to the provisions of the Minister of National Defense.

Article 30. Procedures for Reporting Rough Weapons

1. The procedures for reporting rough weapons to subjects not under the management of the Ministry of National Defense shall be carried out as follows:

a) After being provided with rough weapons, organizations and units must report to the public security authority issuing the Permit for Provision of Rough Weapons. The application file shall include: a request document of the organization or unit clearly stating the quantity, type, country of production; brand, serial number, code (if applicable) of each rough weapon; a copy of the Permit for Provision of Rough Weapons; a copy of the invoice or warehouse release form; an introduction letter accompanied by a copy of the Citizen Identity Card, Identity Card, Passport, or Police Officer Identity Card of the person making contact. Within three working days from the date of receiving all necessary documents, the public security authority issuing the Permit for Provision of Rough Weapons shall notify the confirmation of the rough weapon report to the organization or unit;

b) Collectives or individuals owning rough weapons used as exhibits, display items, or family heirlooms must report to the police station of the commune, ward, or town where their office or residence is located. The application file shall include: a request document; a declaration of rough weapons, a copy of the document proving origin and source (if applicable); an introduction letter accompanied by a copy of the Citizen Identity Card, Identity Card, Passport, or Police Officer Identity Card of the person making contact. Within three working days from the date of receiving all necessary documents, the police station of the commune, ward, or town must notify the confirmation of the rough weapon report to the collective or individual owner.

2. The procedures for reporting rough weapons to subjects under the management of the Ministry of National Defense shall be carried out according to the provisions of the Minister of National Defense.

Article 31. Use of Simple Weapons

1. Persons assigned simple weapons to perform tasks must comply with the provisions of Clause 2, Article 22 of this Law and may use them in the following cases:

a) As provided for in Article 23 of this Law;

b) To prevent individuals from engaging in acts threatening the lives or health of others;

c) In self-defense or emergency situations as prescribed by law.

2. Persons assigned to use simple weapons shall not be held responsible for damages when the use of simple weapons complies with the provisions of this Article and other relevant laws; however, if the use of simple weapons exceeds the limits of self-defense, causing clear damage exceeding the requirements of an emergency situation, taking advantage of or abusing the use of simple weapons to infringe upon the health, lives, rights, and legitimate interests of agencies, organizations, or individuals, they shall be dealt with according to the law.

Article 32. Procedures for Issuing Permits to Purchase Weapons

1. Organizations and enterprises under the Ministry of Public Security permitted to produce and trade in weapons must prepare a dossier including:

a) A request document clearly stating the quantity and type of weapons; the name and address of the organization or enterprise selling back;

b) An introduction letter accompanied by a copy of the citizen identification card, identity card, passport, or People's Police identification card of the person making contact.

2. The dossier specified in Clause 1 of this Article must be prepared in one set and submitted to the competent police authority designated by the Minister of Public Security. Within five working days from the date of receipt of the complete dossier, the competent police authority shall issue a permit to purchase weapons; if it does not issue a permit, it must provide a written response and specify the reasons. The permit to purchase weapons is valid for thirty days.

3. The procedures for issuing permits to purchase weapons for organizations and enterprises under the Ministry of National Defense permitted to produce and trade in weapons shall be carried out in accordance with the regulations of the Minister of National Defense.

Article 33. Transporting Weapons

1. The transportation of weapons shall be carried out in accordance with the following provisions:

a) There must be a transport order for weapons or a permit to transport weapons issued by a competent authority;

b) Ensuring secrecy and safety;

c) For large quantities or dangerous weapons, specialized means of transport must be used and fire prevention and firefighting conditions must be ensured;

d) Weapons and passengers shall not be transported on the same vehicle, except for those responsible for transporting the weapons;

e) Vehicles transporting weapons shall not stop or park in crowded places, residential areas, or near important defense, security, economic, cultural, or diplomatic facilities. In case of overnight stays or emergencies, when there is insufficient security force, immediate notification must be made to the nearest military or police authorities for joint protection.

2. The procedures for issuing permits to transport weapons for entities not within the purview of the Ministry of National Defense shall be as follows:

a) The application dossier shall include: a request document clearly stating the quantity, type, origin, and destination of the weapons to be transported; departure point, arrival point, time, and route; full name, address of the person responsible for transportation, and driver; vehicle license plate number; an introduction letter accompanied by a copy of the citizen identification card, identity card, passport, or People's Police identification card of the person making contact;

Point b) The dossier specified in point a of this clause shall be prepared in one set and submitted to the competent public security agency as prescribed by the Minister of Public Security;

c) Within five working days from the date of receipt of the complete dossier, the competent police authority shall issue a permit to transport weapons; if it does not issue a permit, it must provide a written response and specify the reasons;

d) The permit to transport weapons is valid for thirty days. The permit to transport weapons is only valid for one trip; within seven days from the completion of transportation, it must be returned to the issuing authority.

3. The procedures for issuing orders to transport weapons for entities within the purview of the Ministry of National Defense shall be carried out in accordance with the regulations of the Minister of National Defense.

Article 34. Procedure for Issuing a Permit to Repair Weapons

1. The procedure for issuing a permit to repair weapons for subjects not under the management of the Ministry of National Defense shall be carried out as follows:

a) The application dossier shall include: a request letter clearly stating the type, brand, serial number, and code of each weapon to be repaired; quantity and parts requiring repair; the repair facility; address and time of repair; an introduction letter accompanied by a copy of the citizen identification card, identity card, passport, or public security personnel identity card of the person making the contact.

Point b) The dossier specified in point a of this clause shall be prepared in one set and submitted to the competent public security agency as prescribed by the Minister of Public Security;

c) Within five working days from the date of receiving complete files, the competent police authority shall issue a permit to repair weapons; in case of refusal, a written response with clear reasons must be provided.

2. The procedure for issuing a permit to repair weapons for subjects under the management of the Ministry of National Defense shall be carried out according to the regulations of the Minister of National Defense.

Chapter III

MANAGEMENT AND USE OF EXPLOSIVES

Article 35. Research, Production, Storage, and Use of Military Explosives

1. Organizations and enterprises under the Ministry of National Defense and the Ministry of Public Security may conduct research, production, storage of military explosives.

2. Research, production, storage of military explosives must meet the following conditions:

a) Assigned tasks for researching, producing, and storing military explosives by the Minister of National Defense or the Minister of Public Security;

b) Establishing a management system and technical safety measures directly managed and directed by the commander, assigning persons with sufficient qualifications and experience to be responsible for technical safety work at each high-risk location;

c) Having plans to ensure security, order, fire prevention and firefighting, environmental protection for research facilities, production systems, storage warehouses, loading and unloading sites, transportation means, and regularly organizing fire drills and rescue operations. Military explosive storage warehouses must be designed and constructed in accordance with Clause 2 of Article 9 of this Law.

3. The Minister of National Defense and the Minister of Public Security shall stipulate the procedures for researching, producing, storing, and using military explosives within their respective jurisdictions.

Article 36. Transport of Military Explosives

1. The transport of military explosives shall be carried out in accordance with the following provisions:

a) Must have a transport order for military explosives or a permit for transporting military explosives issued by the competent authority;

b) Ensuring secrecy and safety;

c) Use specialized means ensuring the conditions for transporting military explosives and ensuring safety, fire prevention and firefighting, and environmental protection;

d) Shall not carry military explosives and passengers on the same vehicle, except for those responsible for transportation;

đ) Shall not stop or park vehicles transporting military explosives in crowded places, residential areas, near fuel stations, or locations with important defense, security, economic, cultural, or diplomatic significance. In case of overnight stay or due to emergencies, immediate notification to the nearest military or police authorities for necessary protection must be made.

2. The procedure for issuing a permit to transport military explosives for subjects not under the management of the Ministry of National Defense shall be carried out as follows:

a) The application dossier shall include: a request letter clearly stating the reason, quantity of military explosives to be transported, departure point, destination, transportation time and route; name, address of the person responsible for transportation, driver; vehicle registration number; an introduction letter accompanied by a copy of the citizen identification card, identity card, passport, or public security personnel identity card of the person making the contact.

Point b) The dossier specified in point a of this clause shall be prepared in one set and submitted to the competent public security agency as prescribed by the Minister of Public Security;

c) Within five working days from the date of receiving complete files, the competent police authority shall issue a permit to transport military explosives; in case of refusal, a written response with clear reasons must be provided. The permit for transporting military explosives is only valid for one trip; within seven days from the completion of transportation, it must be returned to the issuing authority.

3. The procedure for issuing a transport order for military explosives for subjects under the management of the Ministry of National Defense shall be carried out according to the regulations of the Minister of National Defense.

Article 37. Research, production, business, export, and import of industrial explosives material

1. The research on industrial explosives material shall be carried out in accordance with the following provisions:

a) The research, development, and testing of industrial explosives material shall be conducted by scientific and technological organizations or industrial explosives material manufacturing enterprises based on research projects approved by competent authorities.

b) The implementation of production or technology transfer for industrial scale production shall be carried out at industrial explosives material manufacturing facilities that meet the required conditions and have permits from competent state agencies.

2. The production of industrial explosives material shall be carried out in accordance with the following provisions:

a) Industrial explosives material manufacturing organizations must be state-owned enterprises assigned tasks by the Prime Minister upon the proposal of the Minister of Industry and Trade, the Minister of Public Security, and the Minister of National Defense;

b) Product types and production scales must align with the industry's development orientation, ensuring quality and safety standards;

c) Managers, workers, and service personnel involved in the production of industrial explosives material must meet security and order conditions, possess appropriate professional qualifications, and be trained in safety techniques, fire prevention and extinguishing, and emergency response related to industrial explosives material production activities;

d) Adequate measuring instruments must be available to monitor technical parameters and serve quality control of raw materials and finished products during production; there must be separate, safe testing areas according to technical standards and regulations;

đ) Comply with legal requirements for classifying and labeling goods;

e) Industrial explosives material manufacturing organizations may only sell products of the correct type to industrial explosives material trading enterprises.

3. The business of industrial explosives material shall be carried out in accordance with the following provisions:

a) Industrial explosives material trading organizations must be state-owned enterprises assigned tasks by the Prime Minister upon the proposal of the Minister of Industry and Trade, the Minister of Public Security, and the Minister of National Defense;

b) Warehouses, ports, and receiving/discharging sites for industrial explosives material must meet security and order conditions, ensuring safe distances from protected structures and objects;

c) Warehouses, loading/unloading equipment, transportation means, and tools serving business operations must be designed and constructed appropriately, meeting requirements for storing, transporting industrial explosives material, fire prevention and extinguishing; in cases where there are no warehouses or transportation means, written contracts for renting storage and transportation services from permitted organizations must be established;

d) Managers and service personnel involved in the business of industrial explosives material must meet security and order conditions, possess appropriate professional qualifications, and be trained in safety techniques, fire prevention and extinguishing, and emergency response related to industrial explosives material business activities;

đ) Industrial explosives material trading enterprises may only trade in industrial explosives material listed in the permitted production, trading, and usage catalog in Vietnam; trading must comply with the business permit regulations; they may purchase unused industrial explosives material from permitted users.

4. The export and import of industrial explosives material shall be carried out in accordance with the following provisions:

a) Enterprises permitted to trade in industrial explosives material may export and import such materials;

b) Exporting and importing industrial explosives material is only allowed when holding an Export and Import Permit for Industrial Explosives Material issued by the competent authority under the Ministry of Industry and Trade;

c) Entrusted importation of industrial explosives material can only be conducted between permitted manufacturing enterprises, permitted trading enterprises, or permitted using organizations and permitted trading enterprises of industrial explosives material.

5. The Government shall stipulate professional qualifications; training in safety techniques, fire prevention and extinguishing, and emergency response related to the production and trading of industrial explosives material.

Article 38. Procedures for Issuing the Certificate of Eligibility for the Production of Industrial Explosives

1. The application dossier for issuing the Certificate of Eligibility for the Production of Industrial Explosives shall include:

a) A request for issuance of the Certificate of Eligibility for the Production of Industrial Explosives. For enterprises under the Ministry of National Defense, there must be a request from the Ministry of National Defense or an agency assigned by the Ministry of National Defense to manage industrial explosives;

b) A copy of the directive assigning the task of producing industrial explosives issued by the Prime Minister;

c) A copy of the decision establishing the enterprise or a copy of the Enterprise Registration Certificate;

d) A copy of the decision approving the project investment in constructing the production facility for industrial explosives in accordance with the laws on management and investment in construction;

đ) A copy of the Certificate of Eligibility for Security and Public Order; documents for fire prevention and firefighting inspection and acceptance for the production facilities and storage warehouses for industrial explosives;

e) A copy of the decision of the Minister of Industry and Trade recognizing the registration results of the product and including the industrial explosive product in the list of permitted industrial explosives for production, business, and use in Vietnam for newly produced and used industrial explosives in Vietnam;

g) A copy of the decision approving the environmental impact assessment report; a copy of the certificate confirming the completion of environmental protection works;

h) Layout plan; layout of production lines; electrical system, lightning protection system; certificates of inspection for equipment with strict safety requirements for labor safety, measuring devices; test results for explosive components; acceptance of construction quality;

i) An introduction letter accompanied by a copy of the Citizen Identity Card, Identity Card, Passport, People's Police Identity Card, or identity card issued by the People's Army of the person making contact;

2. An enterprise currently producing industrial explosives that requests a change in its name without changing the production conditions only needs to submit a request for adjustment of the Certificate of Eligibility for the Production of Industrial Explosives, a copy of the decision of the competent authority allowing the name change, and a copy of the Certificate of Eligibility for Security and Public Order issued by the competent public security authority;

3. An enterprise producing industrial explosives that renovates and upgrades infrastructure and production equipment but does not reduce the requirements according to technical standards and regulations on layout, technology, and fire and explosion prevention and safety conditions of the production line already approved, after completing the renovation and upgrade, the enterprise producing industrial explosives prepares a request for issuance of the Certificate of Eligibility for the Production of Industrial Explosives;

4. An enterprise producing industrial explosives that suffers accidents causing damage to the production line, after completing the investigation and repair, the enterprise producing industrial explosives prepares a technical dossier of the repair and recovery process and submits a request for issuance of the Certificate of Eligibility for the Production of Industrial Explosives;

5. The application dossier for issuing the Certificate of Eligibility for the Production of Industrial Explosives shall be compiled into one set and submitted to the competent authority designated by the Minister of Industry and Trade. Within five working days from the date of receipt of the complete dossier, the competent authority shall examine, assess, and issue the Certificate of Eligibility for the Production of Industrial Explosives; if it is not issued, a written response with the reasons stated shall be provided.

Article 39. Procedures for Issuing Business Licenses for Industrial Explosives

1. The application dossier for issuing a Business License for industrial explosives includes:

a) A request for issuance of a Business License for industrial explosives. For enterprises under the Ministry of National Defense, there must be a request from the Ministry of National Defense or an agency assigned by the Ministry of National Defense to manage industrial explosives.

b) A copy of the document assigning the task of trading in industrial explosives by the Prime Minister.

c) A copy of the decision establishing the enterprise or a copy of the Enterprise Registration Certificate;

d) A copy of the Certificate of Compliance with Security and Public Order Conditions; documents on fire prevention and firefighting inspection and acceptance for warehouses and specialized transportation means for industrial explosives.

đ) A list of leaders and managers directly related to the storage, transportation, and trading of industrial explosives; personal files of the enterprise's representative; work permits for foreign employees working at the enterprise (if applicable); inventory of warehouses, ports, workshops of the business premises and documents permitting the use of facilities; list of specialized transportation means and copies of circulation permits; certificates issued by state agencies regarding standards, measurements, and national measurement quality for industrial explosives testing facilities (if applicable); plans or measures for emergency prevention and response for warehouses and transportation means for industrial explosives.

e) An introduction letter accompanied by a copy of the Citizen Identity Card, Identity Card, Passport, People's Police Identity Card, or certificate issued by the People's Army of Vietnam of the person making contact.

2. The application dossier for reissuing a Business License for industrial explosives includes: a report on the operation of trading in industrial explosives according to the previously issued license and the documents and materials specified in Clause 1 of this Article.

3. The application dossier for issuing a Business License for industrial explosives shall be compiled into one set and submitted to the competent authority designated by the Minister of Industry and Trade. Within five working days from the date of receipt of the complete dossier, the competent authority shall examine, assess, and issue a Business License for industrial explosives; if not issued, it must respond in writing and specify the reasons.

Article 40. Procedures for Issuing Export and Import Permits for Industrial Explosives

1. The application dossier for issuing Export and Import Permits for industrial explosives includes:

a) A request for issuance of Export and Import Permits for industrial explosives.

b) A copy of the Business License for industrial explosives.

c) A copy of the purchase and sale contracts for industrial explosives with foreign enterprises and domestic enterprises.

d) An introduction letter accompanied by a copy of the Citizen Identity Card, Identity Card, Passport, People's Police Identity Card, or certificate issued by the People's Army of Vietnam of the person making contact.

2. The dossier specified in Clause 1 of this Article shall be compiled into one set and submitted to the competent authority designated by the Minister of Industry and Trade. Within five working days from the date of receipt of the complete dossier, the competent authority shall examine and issue Export and Import Permits for industrial explosives; if not issued, it must respond in writing and specify the reasons.

3. Export and Import Permits for industrial explosives have a validity period of six months.

Article 41. Use of industrial explosives

1. Organizations and enterprises using industrial explosives must ensure the following conditions:

a) Established in accordance with the provisions of the law, having business registration or registration for industries, trades, fields requiring the use of industrial explosives;

b) Engaging in mineral activities, oil and gas or construction projects, research and testing projects or tasks assigned by the Prime Minister that require the use of industrial explosives;

c) Having warehouses, technology, equipment, means, tools serving the use of industrial explosives meeting technical standards and specifications; in cases where there are no warehouses or transportation means, they must have written contracts to lease storage and transportation services from organizations permitted to store and transport industrial explosives;

d) The location for using industrial explosives must meet security, public order, fire prevention and firefighting, environmental sanitation conditions; ensuring safe distances from protected structures and objects according to technical standards and relevant regulations;

e) Managers, blasting supervisors, miners, and other persons related to the use of industrial explosives must meet security and public order conditions; have professional qualifications commensurate with their positions and responsibilities, and be trained in safety techniques, fire prevention and firefighting, and emergency response in activities related to the use of industrial explosives;

f) The scale of explosive material usage in any quarter must be 500 kilograms or more, except when explosives are used for testing, exploration, and geological assessment purposes;

2. Organizations and enterprises using industrial explosives must comply with the following provisions:

a) Only purchase industrial explosives listed in the Catalogue of Permitted Industrial Explosives for production, trading, and use in Vietnam from enterprises engaged in the trading of industrial explosives;

b) Unused industrial explosives must be resold to enterprises trading in industrial explosives;

c) Appoint blasting supervisors and fully implement technical standards and specifications on safety during the use of industrial explosives when conducting blasting operations;

d) Develop blasting designs and plans suitable for the scale of production, natural conditions, and social conditions at the blasting site. In these designs and plans, specific measures for safety, protection, guarding against unauthorized entry into the blasting area; procedures for warning and initiating explosions; procedures for storing and supervising the consumption and destruction of industrial explosives at the blasting site must be detailed according to technical standards and specifications;

Blasting designs or plans must be approved by the agency issuing the Permit for the Use of Industrial Explosives and must obtain written consent from the People's Committee of the province or management authority when blasting occurs in residential areas, medical facilities, historical-cultural sites, nature conservation areas, national security and defense works, or other important national works, as stipulated by law. Monitor the impacts of blasting on protected structures and objects within the blast impact range;

e) Organizations and enterprises granted a Permit for the Use of Industrial Explosives by the Ministry of Industry and Trade or the Ministry of National Defense must notify the People's Committee of the province in writing at least ten days before implementing activities under the permit;

3. The Government shall specify professional qualifications and training in safety techniques for activities related to the use of industrial explosives.

Article 42. Procedures for Issuing Permits to Use Industrial Explosives

1. The application dossier for issuing a permit to use industrial explosives for organizations and enterprises not under the management of the Ministry of National Defense shall include:

a) A request for issuance of a permit to use industrial explosives;

b) A copy of the decision on establishment or a copy of the Enterprise Registration Certificate. Foreign-invested enterprises must have a copy of the Investment Certificate or a copy of the bidding license issued by the competent authority in accordance with the law;

c) A copy of the Certificate of Meeting Conditions for Security and Public Order;

d) A copy of the exploration and mining permit, oil and gas exploitation permit for enterprises engaged in mineral and oil and gas activities; a copy of the winning bid decision, a copy of the construction contract or authorization document, assignment document to implement the construction contract from the enterprise management organization;

đ) Design and construction drawings of construction projects, mining design using industrial explosives for industrial-scale projects; construction and exploitation plans for construction and manual mining activities. The design or plan approved by the project sponsor must meet safety conditions according to technical standards and regulations;

e) An explosives blasting plan signed off by the enterprise leadership. In cases where explosives are detonated in residential areas, medical facilities, historical-cultural sites, natural conservation areas, security and defense works, or other important national works as stipulated by law, the explosives blasting plan must be agreed upon in writing by the competent authority specified in point d, Clause 2, Article 41 of this Law;

g) A copy of the fire prevention and firefighting acceptance certificate for explosive material warehouses and safety conditions meeting technical standards and regulations;

h) In cases where organizations and enterprises applying for a permit to use industrial explosives do not have their own warehouse or transportation means, the application dossier must include a copy of the principle contract for renting a warehouse or transportation means for industrial explosives from organizations or enterprises that have warehouses or transportation means for industrial explosives meeting safety conditions according to technical standards and regulations, fire prevention and firefighting requirements, or a copy of the principle contract with organizations permitted to trade in industrial explosives to supply industrial explosives to the project according to the blasting passport;

i) Decision on appointment of the blasting supervisor by the enterprise leadership and list of blasters and persons directly related to the use of industrial explosives; labor permit of foreign workers involved in the use of industrial explosives (if any); copies of professional certificates, training certificates on safety techniques in industrial explosives activities of the blasting supervisor and the team of blasters;

k) An introduction letter accompanied by a copy of the Citizen Identity Card, Identity Card, Passport, or People's Police Identity Card of the person making contact;

2. For organizations and enterprises requesting renewal of a permit to use industrial explosives without changes in location or scale of operations, the application dossier shall include: a report on the use of industrial explosives during the validity period of the previously issued permit and the documents and materials prescribed in Clause 1 of this Article;

3. In cases where the conditions prescribed in points b, d, and đ Clause 1 of this Article are met but the organization or enterprise does not carry out blasting themselves, they may enter into a contract to hire another entity with a blasting service permit to perform all blasting work;

4. The application dossier prescribed in Clauses 1 and 2 of this Article shall be compiled into one set and submitted to the competent authority designated by the Minister of Industry and Trade; within five working days from the date of receipt of the complete dossier, the competent authority shall examine, evaluate, and issue a permit to use industrial explosives; if not issued, a written response with reasons must be provided;

5. The validity period of the permit to use industrial explosives shall be the same as the validity period of the mining permit but not exceeding five years; or the duration of the project but not exceeding two years for cases serving construction projects, testing, mineral exploration, oil and gas activities, and other activities assigned by the Prime Minister;

6. The procedures for issuing permits to use industrial explosives for organizations and enterprises under the management of the Ministry of National Defense shall be carried out in accordance with the provisions of the Minister of National Defense.

Article 43. Blasting Services

1. The form and requirements for blasting service activities are stipulated as follows:

a) Blasting services are the implementation of blasting contracts between organizations and enterprises providing blasting services and organizations and individuals with needs as prescribed by this Law, including: blasting services at localities with operational scope limited within the land territory of one province or centrally-administered city; blasting services on the continental shelf; blasting services with operational scope throughout the territory of the Socialist Republic of Vietnam;

b) The number, scope, and scale of organizations and enterprises providing blasting services must be commensurate with the tasks and demands of construction activities, concentrated mineral resource activities, and the special economic and social conditions of the locality;

c) In cases where necessary to ensure national security, public order, and social safety, the state management agency for industrial explosives may designate or compel the provision of blasting services in areas and locations with special characteristics regarding national security, public order, and social safety.

2. Conditions, rights, and obligations of organizations and enterprises providing blasting services are stipulated as follows:

a) Established in accordance with the provisions of the law, registering the industry and profession of supplying blasting services; for organizations and enterprises supplying blasting services with operational scope throughout the territory of the Socialist Republic of Vietnam, they must be state-owned enterprises;

b) Having sufficient conditions for the use, storage, and transportation of industrial explosives as prescribed by this Law; material and technical facilities and personnel sufficient to supply services for a minimum of five organizations hiring services;

c) Having rights and obligations as prescribed by this Law and other relevant laws when using, storing, and transporting industrial explosives to implement blasting services.

3. Organizations and individuals hiring blasting services have the following rights and obligations:

a) Not required to have a permit for industrial explosive activities already hired blasting services;

b) Only allowed to hire one organization or enterprise providing blasting services to supply one type of blasting service at one location or site;

c) To follow the direction of the service provider in specific activities when storing, transporting, and using industrial explosives;

d) To cooperate and create conditions to support the service provider in issues related to security and safety in industrial explosive activities.

4. Documents for applying for a Blasting Service Permit include:

a) A document requesting issuance of a Blasting Service Permit. Enterprises under the Ministry of National Defense must have a request from the Ministry of National Defense or an agency authorized by the Minister of National Defense to manage industrial explosives;

b) A copy of the decision on establishment or a copy of the Enterprise Registration Certificate. Foreign-invested enterprises must provide a copy of the Investment Certificate;

c) A copy of the Certificate of Meeting Conditions for Security and Public Order;

d) A document requesting issuance of a Blasting Service Permit from the People's Committee of the province for local blasting services with operational scope limited within the land territory of one province or centrally-administered city; a document requesting issuance of a Blasting Service Permit from the competent authority for blasting services on the continental shelf or blasting services with operational scope throughout the territory of the Socialist Republic of Vietnam;

đ) A blasting service project clearly stating the objectives, scale, scope, suitability to planning, demand for blasting services, and the company's capacity to meet these demands; necessary conditions and solutions to ensure security and safety in the supply of blasting services; a copy of the Industrial Explosive Material Usage Permit and typical blasting plans implemented in the two years prior to the date of application for the Blasting Service Permit; documents and materials as specified in points g, h, and i Clause 1 Article 42 of this Law;

e) For organizations and enterprises that already have an Industrial Explosive Material Business Permit, the application does not include documents and materials as specified in points b, c, and d of this clause and point h Clause 1 Article 42 of this Law;

g) An introduction letter accompanied by a copy of the Citizen Identity Card, Identity Card, Passport, Public Security Police Identity Card, or identification issued by the People's Army of Vietnam of the person making contact.

5. For organizations and enterprises applying for reissue or adjustment of a Blasting Service Permit, the application documents include: a document requesting reissue or adjustment of a Blasting Service Permit; a report on blasting service activities during the validity period of the previously issued Permit; and documents and materials as specified in points b, c, d, and đ Clause 4 of this Article.

6. The documents stipulated in Clause 4 and Clause 5 of this Article shall be compiled into one set and submitted to the competent authority designated by the Minister of Industry and Trade. Within five working days from the date of receipt of complete documents, the competent authority shall examine, evaluate, and issue a Blasting Service Permit; if not issued, a written response with clear reasons shall be provided.

7. The Blasting Service Permit has a validity period of two years.

Article 44. Transport of industrial explosives

1. Organizations and enterprises transporting industrial explosives must ensure the following conditions:

a) The organization or enterprise is permitted to produce, trade in, or use industrial explosives; the enterprise has registered for the transportation industry or profession;

b) The means of transport for industrial explosives must meet the safety standards and technical regulations for industrial explosive activities; ensuring safety and fire prevention and firefighting conditions;

c) Managers, drivers, escorts, and other personnel involved in the transport of industrial explosives must ensure security and public order conditions; have appropriate professional qualifications for their positions and responsibilities, and be trained in safety, fire prevention, and firefighting;

d) Possess a Permit for the Transport of Industrial Explosives; display warning signs indicating that the vehicle is transporting industrial explosives;

2. Persons carrying out the transport of industrial explosives must comply with the following provisions:

a) Carry out the contents recorded in the Permit for the Transport of Industrial Explosives;

b) Inspect the condition of goods before departure or after each stop and immediately rectify any incidents that occur;

c) Have a transport plan ensuring safety, fire prevention, and firefighting; have measures to respond to emergencies;

d) Fully complete procedures for delivery and receipt of goods and documents related to industrial explosives;

đ) Do not stop or park vehicles transporting industrial explosives in crowded places, residential areas, near fuel stations, or locations with important national defense, security, economic, cultural, or diplomatic facilities; do not transport during abnormal weather conditions. In case of overnight stay or due to an incident, immediately report to the nearest military authority or police agency for coordination in protection;

e) Shall not carry both industrial explosives and passengers on the same vehicle, except for those responsible for the transport;

3. The application dossier for issuing a Permit for the Transport of Industrial Explosives for entities outside the jurisdiction of the Ministry of National Defense includes:

a) A request document clearly stating the reasons, quantity, type of industrial explosives to be transported; place of origin, destination, time, and route of transport; name, address of the person responsible for transport, driver; license plate number of the vehicle;

b) A copy of the Business Registration Certificate, Certificate of Conditions for Security and Public Order for Production, Trade, and Use of Industrial Explosives of the organization or enterprise receiving industrial explosives;

c) Various documents proving compliance with the conditions for transporting industrial explosives as stipulated in points a, b, and c of Clause 1 of this Article;

d) An introduction letter accompanied by a copy of the Citizen Identity Card, Identity Card, Passport, or People's Police Identity Card of the person making contact;

4. The application dossier for amending a Permit for the Transport of Industrial Explosives for entities outside the jurisdiction of the Ministry of National Defense includes:

a) A request document to amend the content of the Permit for the Transport of Industrial Explosives;

b) A copy of the Permit for the Transport of Industrial Explosives;

5. The application dossier for issuing a Permit for the Transport of Industrial Explosives shall be compiled into one set and submitted to the competent police agency as prescribed by the Minister of Public Security;

6. Within three working days from the date of receipt of all documents, the competent police agency shall issue or amend the Permit for the Transport of Industrial Explosives; if it does not issue, it must reply in writing and specify the reasons. The Permit for the Transport of Industrial Explosives is only valid for one transport trip; within seven days from the completion of the transport, it must be returned to the issuing agency;

7. If multiple vehicles are used for the same transport trip, only one Permit for the Transport of Industrial Explosives will be issued; if different types of vehicles are used, a separate Permit for the Transport of Industrial Explosives must be issued for each type of vehicle;

8. If industrial explosives are transported within the boundaries of a mine, construction site, or facility producing and storing industrial explosives on roads that do not intersect with public waterways or roads, a permit is not required, but the provisions at points b, c, d, and e of Clause 2 of this Article must be strictly followed;

9. When there is a requirement to ensure security, public order, and social safety in national-level activities or in areas with special requirements for security and public order, the competent authority may decide to temporarily suspend the issuance or temporarily suspend the effectiveness of the Permit for the Transport of Industrial Explosives;

10. The issuance, amendment, revocation, and temporary suspension of orders for the transport of industrial explosives for entities under the jurisdiction of the Ministry of National Defense shall be carried out according to the regulations of the Minister of National Defense.

Article 45. Responsibilities of organizations and enterprises researching, manufacturing, producing, trading, transporting, and using industrial explosives

1. Organizations and enterprises engaged in research, development, testing, production, trading, export, import, storage, transportation, use, and disposal of industrial explosives shall have the following responsibilities:

a) Possess permits, certificates, or approvals from competent authorities;

b) Establish management and inspection units for safety, assess risks related to safety, develop blasting plans, emergency response plans, issue internal regulations, procedures ensuring security, safety, fire prevention and control, and environmental protection in industrial explosive activities;

c) Safeguard and retain records and documents for each type of industrial explosive for a period of ten years;

d) Report periodically and report in case of emergencies.

2. Organizations and enterprises producing, trading, and using industrial explosives may only buy and sell products according to the quantity, type, and specifications permitted by competent authorities.

3. The Minister of Industry and Trade shall provide detailed regulations on Clause 1 of this Article.

Chapter IV

MANAGEMENT AND USE OF EXPLOSIVE PRECURSOR CHEMICALS

Article 46. Research, Development, Production, Trading, Export, and Import of Explosive Precursor Chemicals

1. Research and development of explosive precursor chemicals shall be carried out by scientific and technological organizations or enterprises producing explosive precursor chemicals.

2. Production of explosive precursor chemicals must meet the following conditions:

a) Conducted by organizations or enterprises established in accordance with the law;

b) The location of the production facility for explosive precursor chemicals must ensure conditions for security and public order. Factories, warehouses, technology, equipment, and means of production must be designed and constructed in accordance with the scale and characteristics of raw materials and products of explosive precursor chemicals; ensuring requirements for safety, fire prevention and control; safe distances from protected buildings and objects and environmental protection in accordance with the law;

c) Have sufficient measuring instruments suitable for monitoring technical parameters and serving quality control during production;

d) Only produce and sell products of the correct type to enterprises producing industrial explosives, trading, and using explosive precursor chemicals.

3. Trading in explosive precursor chemicals must meet the following conditions:

a) Conducted by enterprises established in accordance with the law;

b) The location of warehouses, ports, and places for receiving and handling explosive precursor chemicals must ensure conditions for security and public order; have safety equipment, fire and explosion prevention measures; ensure safe distances from protected buildings and objects in accordance with technical standards and relevant regulations; warehouses or rented warehouses for storing explosive precursor chemicals must ensure conditions for maintaining quality during trading; containers and equipment for storing and retaining explosive precursor chemicals must ensure quality and environmental hygiene; means of transport for explosive precursor chemicals must comply with laws on transporting dangerous goods; have legal documents proving the origin of production, importation, or supply of the traded explosive precursor chemicals; have equipment for controlling, collecting, and treating hazardous waste or contracts for transporting, treating, and disposing of hazardous waste in accordance with the Environmental Protection Law;

c) Have plans or measures for preventing and responding to chemical accidents approved or confirmed by competent authorities in accordance with the Chemicals Law;

d) Persons directly managing and those involved in trading in explosive precursor chemicals must be trained in chemical safety techniques and fire prevention and control.

4. Exporting and importing explosive precursor chemicals shall be carried out as follows:

a) Enterprises permitted to produce and trade in explosive precursor chemicals may export and import explosive precursor chemicals;

b) May only export and import explosive precursor chemicals when they have export and import permits for explosive precursor chemicals issued by competent authorities under the Ministry of Industry and Trade;

c) Entrusted importation of explosive precursor chemicals can only be conducted between enterprises permitted to produce, enterprises permitted to trade, or organizations and enterprises permitted to use and enterprises permitted to produce, trade in explosive precursor chemicals.

5. Exemptions from licensing in the following cases:

a) Exemption from issuing business licenses, export and import licenses for explosive precursor chemicals for scientific research and testing purposes with usage amounts not exceeding five kilograms within one year;

b) Organizations importing explosive precursor chemicals for direct use in production, research, and testing must have an import permit for explosive precursor chemicals and be exempted from obtaining a business license for explosive precursor chemicals but still must meet the trading conditions stipulated in Clause 3 of this Article;

c) Organizations using explosive precursor chemicals that are not fully consumed when reselling to legitimate suppliers of explosive precursor chemicals are exempted from obtaining a business license for explosive precursor chemicals.

Article 47. Procedures for Issuing Certificates of Compliance for the Production of Explosive Precursors

1. The application dossier for issuing a Certificate of Compliance for the Production of Explosive Precursors includes:

a) A request for issuance of a Certificate of Compliance for the Production of Explosive Precursors;

b) A copy of the establishment decision of the competent authority or a copy of the Enterprise Registration Certificate;

c) A copy of the investment project approval decision for construction works for producing explosive precursors in accordance with the laws on management and investment in construction;

d) A copy of the Certificate of Compliance regarding security and public order for enterprises producing explosive precursors containing Ammonium Nitrate at a concentration of 98.5% or higher;

đ) A copy of the fire prevention and firefighting review and inspection documents for production facilities and storage warehouses of explosive precursors;

e) A copy of the environmental impact assessment report approval decision for explosive precursor production facilities; a copy of the Environmental Protection Works Completion Confirmation Certificate;

g) An introduction letter accompanied by a copy of the Citizen Identity Card, Identity Card, Passport, Public Security Police Identity Card, or identification issued by the People's Army of Vietnam of the person making contact.

2. An enterprise currently producing explosive precursors that requests to change its name without altering production conditions only needs to submit a request to adjust the Certificate of Compliance for the Production of Explosive Precursors, a copy of the decision of the competent authority allowing the name change, and a copy of the Certificate of Compliance regarding security and public order for enterprises producing explosive precursors containing Ammonium Nitrate at a concentration of 98.5% or higher issued by the competent police authority.

3. An enterprise producing explosive precursors that renovates or upgrades infrastructure and production equipment but does not reduce requirements according to technical standards on site, technology, and fire and explosion prevention conditions of the production line already permitted, after completing the renovation and upgrade, the enterprise must prepare a request for issuance of a Certificate of Compliance for the Production of Explosive Precursors.

4. In case an enterprise producing explosive precursors suffers accidents causing damage to the production line, after investigation results and repairs, the enterprise must prepare a technical dossier of the repair and recovery process and submit a request for issuance of a Certificate of Compliance for the Production of Explosive Precursors.

5. The application dossier for issuing a Certificate of Compliance for the Production of Explosive Precursors shall be prepared in one set and submitted to the competent authority designated by the Minister of Industry and Trade. Within five working days from the date of receipt of all documents, the competent authority will examine, assess, and issue the Certificate of Compliance for the Production of Explosive Precursors; if it is not issued, a written response with reasons must be provided.

Article 48. Procedures for Issuing Business Licenses for Explosive Precursors

1. The application dossier for issuing a Business License for Explosive Precursors includes:

a) A request for issuance of a Business License for Explosive Precursors;

b) A copy of the Enterprise Registration Certificate or Investment Certificate, including chemical or industrial explosives-related business activities issued by the competent state authority;

c) A copy of the Certificate of Compliance regarding security and public order for enterprises trading in explosive precursors containing Ammonium Nitrate at a concentration of 98.5% or higher;

d) A copy of the fire prevention and firefighting review and inspection documents for storage warehouses and specialized transportation vehicles for explosive precursors;

đ) A list of storage facilities, ports, and workshops of the trading entity, permission documents for putting the works into operation; a list of specialized transportation vehicles and copies of their operating permits; plans or measures for preventing and responding to emergencies involving storage facilities and transportation vehicles for explosive precursors;

e) An introduction letter accompanied by a copy of the Citizen Identity Card, Identity Card, Passport, People's Police Identity Card, or certificate issued by the People's Army of Vietnam of the person making contact.

2. The dossier specified in Clause 1 of this Article shall be prepared in one set and submitted to the competent authority designated by the Minister of Industry and Trade. Within five working days from the date of receipt of all documents, the competent authority will examine, assess, and issue the Business License for Explosive Precursors; if it is not issued, a written response with reasons must be provided. The Business License for Explosive Precursors has a validity period of five years.

3. Procedures for renewing, reissuing, and adjusting Business Licenses for Explosive Precursors are as follows:

a) A Business License for Explosive Precursors that has expired may be renewed. The application dossier includes: a renewal request; if the trading entity changes registered business content, location, scale, or trading conditions, it must provide proof of such changes;

b) A Business License for Explosive Precursors may be reissued in case of loss or damage. The validity period of the reissued license remains unchanged. The application dossier includes: a reissue request; a statement detailing the reason for loss or damage and the handling result;

c) A Business License for Explosive Precursors may be adjusted in case of changes in registered business content, location, scale, operational conditions, or related information about the registering entity. The application dossier includes: an adjustment request; relevant documents proving the changes. The validity period of the License remains unchanged;

d) The dossiers specified in Points a, b, and c of this Clause shall be prepared in one set and submitted to the competent authority designated by the Minister of Industry and Trade. Within five working days from the date of receipt of all documents, the competent authority under the Ministry of Industry and Trade will renew, reissue, or adjust the Business License for Explosive Precursors; if it is not issued, a written response with reasons must be provided.

Article 49. Procedures for Issuing Export and Import Permits for Explosive Precursors

1. The application dossier for issuing export and import permits for explosive precursors includes:

a) A request for issuance of an export or import permit;

b) A copy of the Business Permit for Explosive Precursors for businesses trading in explosive precursors or a copy of the Certificate of Eligibility for Production of Explosive Precursors for businesses producing explosive precursors;

c) A copy of the contract, purchase order, or invoice for buying or selling explosive precursors;

d) An explanatory note on the production process, testing, or research outline, including the use of explosive precursors for organizations or individuals importing explosive precursors for direct use in production, research, or testing;

đ) An introduction letter accompanied by a copy of the Citizen Identity Card, National Identity Card, Passport, People's Public Security Identity Card, or Military Identity Card of the person making contact.

2. The dossier specified in Clause 1 of this Article shall be prepared in one set and submitted to the competent authority designated by the Minister of Industry and Trade. Within five working days from the date of receipt of the complete dossier, the competent authority shall examine and issue export and import permits for explosive precursors; if not issued, it must respond in writing and specify the reasons. Export and import permits for explosive precursors have a validity period of six months.

3. Organizations and enterprises that have been granted Import Permits for Explosive Precursors are exempted from implementing regulations concerning the issuance of Declarations for Chemicals under the list of chemicals required to be declared according to the Law on Chemicals.

Article 50. Transporting Explosive Precursors

1. Organizations and enterprises transporting explosive precursors must ensure the following conditions:

a) They are permitted to produce, trade, or use explosive precursors; enterprises must be registered for transportation activities;

b) They have means of transport meeting the technical standards and norms for safe transport of explosive precursors; ensuring safety, fire prevention, and firefighting conditions;

c) Managers, drivers, escorts, and other personnel involved in transporting explosive precursors must have appropriate professional qualifications for their positions and responsibilities, and must be trained in safety, fire prevention, and firefighting;

d) They must have a transport order or a Transport Permit for Explosive Precursors; and display warning signs indicating that the vehicle is transporting explosive precursors.

2. Persons responsible for transporting explosive precursors must comply with the following provisions:

a) Adhere strictly to the contents recorded in the Transport Permit for Explosive Precursors;

b) Inspect the condition of goods before departure or after each stop and immediately rectify any incidents that occur;

c) Have a plan to ensure safe transport, fire prevention, and firefighting; and measures to deal with emergency situations;

d) Complete all procedures for handover and receipt of goods and documents related to explosive precursors;

đ) Do not stop or park vehicles transporting explosive precursors in crowded places, residential areas, near fuel stations, or near important defense, security, economic, cultural, or diplomatic facilities; do not transport explosive precursors during abnormal weather conditions. In case of overnight stay or due to emergencies, immediately report to the nearest military or police authorities for coordination and protection;

e) Do not carry explosive precursors and passengers on the same vehicle, except those responsible for transportation.

3. The application dossier for issuing a Transport Permit for Explosive Precursors for entities not under the management of the Ministry of Defense includes:

a) A request specifying the reason, quantity, type of explosive precursors to be transported, departure point, destination, time, and route; name, address of the person responsible for transportation, driver; license plate number of the vehicle;

b) A copy of the establishment decision of the competent authority or a copy of the Enterprise Registration Certificate;

c) A copy of the Certificate of Eligibility for Security and Order Conditions for businesses producing or trading in explosive precursors containing Ammonium Nitrate with a concentration of 98.5% or higher;

d) Various documents proving compliance with the conditions for transporting explosive precursors as stipulated in Clause 1 of this Article;

đ) An introduction letter accompanied by a copy of the Citizen Identity Card, National Identity Card, Passport, or People's Public Security Identity Card of the person making contact.

4. The application dossier for amending a Transport Permit for Explosive Precursors for entities not under the management of the Ministry of Defense includes:

a) A request to amend the content of the Transport Permit for Explosive Precursors;

b) A copy of the Transport Permit for Explosive Precursors.

5. The dossiers specified in Clauses 3 and 4 of this Article shall be prepared in one set and submitted to the competent public security authority designated by the Minister of Public Security.

6. Within three working days from the date of receipt of the complete dossier, the competent public security authority must issue or amend the Transport Permit for Explosive Precursors; if not issued, it must respond in writing and specify the reasons.

The Transport Permit for Explosive Precursors is only valid for one trip; within seven days from the completion of the transport, it must be returned to the issuing authority.

7. If transporting explosive precursors using multiple vehicles in the same trip, only one Transport Permit for Explosive Precursors will be issued; if transporting by different types of vehicles, each type of vehicle must be issued its own Transport Permit for Explosive Precursors.

8. If there is no warehouse or means of transport, a written contract must be made with an organization authorized to store and transport explosive precursors.

9. If transporting explosive precursors within the boundaries of a mine, construction site, or storage facility for explosive precursors on roads not intersecting with public waterways or roads, a permit is not required, but the provisions at points b, c, d, and e of Clause 2 of this Article must still be followed.

10. When there is a need to ensure national security, social order, and public safety in national-level activities or in areas with special requirements for security and order, the competent authority may decide to temporarily suspend the issuance of Transport Permits or temporarily suspend the effectiveness of Transport Permits for Explosive Precursors.

11. The procedures for issuing, adjusting, revoking, and temporarily suspending the issuance of transportation orders for explosive precursor substances for entities under the management of the Ministry of National Defense shall be carried out in accordance with the regulations of the Minister of National Defense.

Article 51. Responsibilities of organizations and enterprises researching, manufacturing, producing, trading, transporting, and using explosive precursors

1. Organizations and enterprises must maintain sufficient conditions regarding security, public order, safety, fire prevention and fighting, and environmental protection during their activities of researching, manufacturing, producing, trading, transporting, storing, and using explosive precursors, and shall have the following responsibilities:

a) Keeping and storing records and documents for each type of explosive precursor substance for a period of five years;

b) Submitting periodic reports and reports in case of emergencies;

c) Ensuring safety regulations in the use, storage, preservation, and disposal of hazardous chemicals according to the provisions of the Chemicals Law.

2. Organizations using explosive precursors may only purchase explosive precursors listed in the permitted production, trade, and use list in Vietnam from legitimate organizations producing and trading in explosive precursors; they may resell unused explosive precursors to legitimate organizations producing and trading in explosive precursors.

3. Organizations and enterprises producing and trading in explosive precursors must be granted permits and certificates by competent authorities and may only buy and sell explosive precursors listed in the permitted production, trade, and use list in Vietnam.

4. The Minister of Industry and Trade shall provide detailed regulations on Clause 1 of this Article.

Chapter V

MANAGEMENT AND USE OF SUPPORT TOOLS

Article 52. Research, manufacture, production, trade, export, import, repair of support tools

1. The research, manufacture, production, and repair of support tools shall be carried out by organizations and enterprises under the Ministry of Public Security and the Ministry of National Defense, and must meet the following conditions:

a) Being assigned responsibility for researching, manufacturing, producing, and repairing support tools by the Minister of Public Security or the Minister of National Defense;

b) Ensuring conditions regarding security, public order, fire prevention and fighting, and environmental protection;

c) The research and manufacture of support tools by organizations and enterprises producing support tools must be based on research projects approved by competent authorities;

d) Having appropriate measuring instruments to check and monitor technical parameters and serve quality control during production; having separate, safe testing areas in accordance with technical standards and specifications;

đ) Product types must meet quality, technical standards, and specifications; support tool products must bear brand names, serial numbers, symbols, country of origin, year of manufacture, and expiration date;

e) Managers, workers, and service personnel related to the production of support tools must ensure conditions regarding security and public order; they must have appropriate professional qualifications and training in safety techniques, fire prevention and fighting, and emergency response in activities related to support tool production.

2. Trading in support tools must meet the following conditions:

a) Trading organizations in support tools must be enterprises established in accordance with the law;

b) Ensuring conditions regarding security, public order, fire prevention and fighting, and environmental protection;

c) Warehouses, transport means, equipment, and tools serving trade must be suitable and ensure conditions for storing, transporting support tools, and fire prevention and fighting;

d) Managers and service personnel related to trade, export, and import must ensure conditions regarding security and public order; they must have appropriate professional qualifications and training in managing support tools, fire prevention and fighting;

đ) Only support tools meeting technical standards and specifications and authorized by a Support Tool Trading Permit may be traded.

3. Exporting and importing support tools shall be carried out in accordance with the following regulations:

a) Organizations and enterprises permitted to produce and trade in support tools may export and import support tools;

b) Exported and imported support tools must meet technical standards and specifications; product types, brand names, serial numbers, symbols, country of origin, year of manufacture, and expiration date must be marked on each support tool.

4. The Minister of National Defense and the Minister of Public Security shall stipulate the management, training, and use of working animals.

Article 53. Procedure for Issuing Business License for Support Tools

1. The application dossier for issuing a Business License for support tools for organizations and enterprises not under the management of the Ministry of National Defense shall include:

a) A request for issuance of a Business License for support tools;

b) A copy of the decision on establishment or a copy of the Enterprise Registration Certificate;

c) A copy of documents proving compliance with safety and fire prevention conditions for the business area and storage facility for support tools;

d) A list of managers and service personnel directly related to the storage and sale of support tools; personal files of the enterprise's representative; plans or measures for emergency response for the storage facility for support tools;

đ) An introduction letter accompanied by a copy of the Citizen Identity Card, Identity Card, Passport, or People's Public Security Identity Card of the person making contact.

2. The application dossier for reissuing a Business License for support tools shall include: a report on business activities with support tools during the validity period of the previously issued license and documents specified in Clause 1 of this Article.

3. The application dossier for issuing a Business License for support tools shall be compiled into one set and submitted to the competent police authority designated by the Minister of Public Security. Within five working days from the date of receipt of the complete dossier, the competent authority shall examine, evaluate, and issue the Business License for support tools; if it does not issue the license, it must respond in writing and specify the reasons.

4. The procedure for issuing a Business License for support tools for organizations and enterprises under the management of the Ministry of National Defense shall be carried out in accordance with the regulations of the Minister of National Defense.

Article 54. Procedure for Issuing Export and Import Licenses for Support Tools

1. The application dossier for issuing Export and Import Licenses for support tools for organizations and enterprises not under the management of the Ministry of National Defense shall include:

a) A request for issuance of Export and Import Licenses for the organization or enterprise;

b) A copy of the Business License for support tools;

c) An introduction letter accompanied by a copy of the Citizen Identity Card, Identity Card, Passport, or People's Public Security Identity Card of the person making contact.

2. The dossier specified in Clause 1 of this Article shall be compiled into one set and submitted to the competent police authority designated by the Minister of Public Security. Within five working days from the date of receipt of the complete dossier, the competent authority shall examine, evaluate, and issue the Export and Import Licenses for support tools; if it does not issue the licenses, it must respond in writing and specify the reasons. The Export and Import Licenses for support tools have a validity period of thirty days.

3. The procedure for issuing Export and Import Licenses for support tools for organizations and enterprises under the management of the Ministry of National Defense shall be carried out in accordance with the regulations of the Minister of National Defense.

Article 55. Subjects Eligible for Equipping Support Tools

1. Subjects eligible for equipping support tools include:

Point a) People's Army;

Point b) Self-defense Forces;

Point c) Coast Guard;

Point d) People's Public Security;

Point đ) Cryptographic Services;

Point e) Investigation Agency of the Supreme People's Procuracy;

g) Civil Enforcement Agencies;

h) Forest Rangers, specialized forest protection forces, Fisheries Inspectors, and forces directly performing specialized inspection tasks in fisheries;

i) Customs checkpoints, specialized anti-smuggling forces of Customs;

k) Inspection teams of Market Management Forces;

l) Aviation Security, forces directly performing specialized inspection tasks in transportation;

m) Security forces protecting agencies, organizations, and enterprises; enterprises operating security services;

n) Neighborhood Watch Committees;

o) Clubs, training and coaching sports facilities with operating permits;

p) Drug rehabilitation centers;

q) Other subjects requiring the equipping of support tools shall be decided by the Minister of Public Security based on their nature, requirements, and tasks.

2. The Minister of National Defense shall base decisions on the nature, requirements, and tasks to regulate the equipping and use of support tools for subjects within the People's Army, Militia Self-Defense Forces, Coast Guard, Cryptographic Services, and clubs, training and coaching sports facilities under the management of the Ministry of National Defense.

3. The Minister of Public Security shall base decisions on the nature, requirements, and tasks to regulate the equipping of support tools for subjects not under the management of the Ministry of National Defense.

Article 56. Procedures for equipping auxiliary tools

1. The procedures for equipping auxiliary tools for subjects not under the management of the Ministry of National Defense shall be implemented as follows:

a) The application file includes: a request document from the agency, organization, unit, enterprise clearly stating the needs, conditions, quantity, and type of auxiliary tools to be equipped; a copy of the decision establishing the agency, organization or a copy of the Enterprise Registration Certificate; a copy of the decision establishing the dedicated security force for agencies, organizations, enterprises that establish such forces; an introduction letter accompanied by a copy of the Citizen Identity Card, Identity Card, Passport, or People's Police Identity Card of the person making contact;

b) The application file for equipping auxiliary tools shall be prepared in one set and submitted to the competent police authority as prescribed by the Minister of Public Security;

c) Within 10 working days from the date of receiving all documents, the competent police authority shall issue an Auxiliary Tool Equipping Permit and guide the agency, organization, unit, enterprise to implement the equipping process; if not issued, a written response must be provided with the reasons stated;

d) The Auxiliary Tool Equipping Permit has a validity period of 30 days.

2. The procedures for equipping auxiliary tools for subjects under the management of the Vietnam People's Army, Militia Self-Defense Force, Coast Guard, Cryptographic Services, and sports clubs, training centers under the management of the Ministry of National Defense shall be implemented according to the regulations of the Minister of National Defense.

Article 57. Procedures for Issuing a Permit to Purchase Auxiliary Tools

1. Organizations and enterprises under the management of the Ministry of Public Security permitted to produce and trade in auxiliary tools when purchasing auxiliary tools must prepare an application file including:

a) A request document for issuing a permit to purchase auxiliary tools, clearly stating the quantity and type of auxiliary tools; the name and address of the selling entity or enterprise;

b) An introduction letter accompanied by a copy of the citizen identification card, identity card, passport, or People's Police identification card of the person making contact.

2. The application file for issuing a permit to purchase auxiliary tools shall be prepared in one set and submitted to the competent police authority as prescribed by the Minister of Public Security. Within 5 working days from the date of receiving all documents, the competent police authority shall issue a Permit to Purchase Auxiliary Tools; if not issued, a written response must be provided with the reasons stated. The Permit to Purchase Auxiliary Tools has a validity period of 30 days.

3. The procedures for issuing a Permit to Purchase Auxiliary Tools for organizations and enterprises under the Ministry of National Defense permitted to trade in auxiliary tools shall be implemented according to the regulations of the Minister of National Defense.

Article 58. Procedures for Issuing a Permit to Use Auxiliary Tools and a Confirmation of Auxiliary Tool Registration

1. The procedures for issuing a Permit to Use Auxiliary Tools and a Confirmation of Auxiliary Tool Registration for subjects not under the management of the Ministry of National Defense shall be implemented as follows:

a) A Permit to Use Auxiliary Tools shall be issued for electric guns, tear gas guns, chemical weapons, anesthetic substances, electromagnetic devices, laser devices, nets; wire throwing guns; rubber bullets, explosive bullets, plastic bullets, pepper spray, signal flares, marking rounds; electric batons and metal batons. For other types of auxiliary tools, a Confirmation of Auxiliary Tool Registration shall be issued;

b) The application file for issuing a Permit to Use Auxiliary Tools or a Confirmation of Auxiliary Tool Registration includes: a request document clearly stating the quantity, type, country of manufacture, brand, serial number, and code of each auxiliary tool; a copy of the Auxiliary Tool Equipping Permit; a copy of the invoice or warehouse dispatch note; an introduction letter accompanied by a copy of the Citizen Identity Card, Identity Card, Passport, or People's Police Identity Card of the person making contact;

c) The application file for renewing, replacing a Permit to Use Auxiliary Tools or a Confirmation of Auxiliary Tool Registration includes: a request document clearly stating the reason, quantity, type, brand, serial number, and code of each type of auxiliary tool. In case of loss or damage to the Permit to Use Auxiliary Tools or the Confirmation of Auxiliary Tool Registration, a document must be provided explaining the reason and the handling result; an introduction letter accompanied by a copy of the Citizen Identity Card, Identity Card, Passport, or People's Police Identity Card of the person making contact;

d) The application file for issuing a Permit to Use Auxiliary Tools or a Confirmation of Auxiliary Tool Registration shall be prepared in one set and submitted to the competent police authority as prescribed by the Minister of Public Security;

đ) Within 10 working days from the date of receiving all documents, the competent police authority shall inspect the actual situation, issue a Permit to Use Auxiliary Tools or a Confirmation of Auxiliary Tool Registration; if not issued, a written response must be provided with the reasons stated;

e) A Permit to Use Auxiliary Tools shall only be issued to agencies, organizations, and enterprises that have been equipped and has a validity period of 5 years. An expired Permit to Use Auxiliary Tools can be renewed; a lost or damaged Permit to Use Auxiliary Tools can be replaced;

g) A Confirmation of Auxiliary Tool Registration shall only be issued to agencies, organizations, and enterprises that have been equipped and does not have a validity period. A lost or damaged Confirmation of Auxiliary Tool Registration can be replaced.

2. The procedures for issuing a Permit to Use Auxiliary Tools and a Confirmation of Auxiliary Tool Registration for subjects under the management of the Vietnam People's Army, Militia Self-Defense Force, Coast Guard, Cryptographic Services, and sports clubs, training centers under the management of the Ministry of National Defense shall be implemented according to the regulations of the Minister of National Defense.

Article 59. Transport of Support Tools

1. The transport of support tools shall be carried out in accordance with the following provisions:

a) There must be a transport order for support tools or a Permit to Transport Support Tools issued by the competent authority;

b) Ensuring secrecy and safety;

c) When transporting a large quantity or flammable, explosive, dangerous support tools, specialized means of transport must be used and fire prevention and firefighting conditions must be ensured;

d) It is not allowed to carry support tools and passengers on the same vehicle, except for persons responsible for the transport;

đ) Vehicles transporting support tools shall not stop or park in crowded places, residential areas, or near important defense, security, economic, cultural, or diplomatic facilities. In case of overnight rest or due to emergencies, when there is insufficient security force, immediate notification must be made to the nearest military agency or police agency for joint protection;

2. The procedure for issuing a Permit to Transport Support Tools for entities not under the management of the Ministry of National Defense shall be carried out as follows:

a) The application dossier shall include: a request letter specifying the reasons, quantity, types, departure location, destination, transportation time and route; the name and address of the person responsible for transport and the driver; the license plate number of the vehicle; an introduction letter accompanied by a copy of the Citizen Identity Card, Identity Card, Passport, or People's Police Identity Card of the person making the contact;

Point b) The dossier specified in point a of this clause shall be prepared in one set and submitted to the competent public security agency as prescribed by the Minister of Public Security;

c) Within five working days from the date of receiving all necessary documents, the competent police agency shall issue a Permit to Transport Support Tools; if it does not issue the permit, it must provide a written response stating the reasons;

d) A Permit to Transport Support Tools is valid for thirty days. The Permit to Transport Support Tools is only valid for one round of transport; within seven days from the completion of the transport, it must be returned to the issuing agency;

3. The procedures and formalities for issuing a transport order for support tools for entities under the management of the Ministry of National Defense, including the People's Army, Self-Defense Forces, Coast Guard, Cryptographic Services, and sports clubs and training centers, shall be carried out in accordance with the regulations of the Minister of National Defense;

Article 60. Procedures for Issuing a Permit to Repair Support Tools

1. The procedures for issuing a Permit to Repair Support Tools for entities not under the management of the Ministry of National Defense shall be as follows:

a) The application dossier shall include: a request letter specifying the quantity, types of support tools to be repaired, repair location, repair time; an introduction letter accompanied by a copy of the Citizen Identity Card, Identity Card, Passport, or People's Police Identity Card of the person making the contact;

b) The application dossier for a Permit to Repair Support Tools shall be compiled into one set and submitted to the competent police agency designated by the Minister of Public Security;

c) Within five working days from the date of receiving all necessary documents, the competent police agency shall issue a Permit to Repair Support Tools; if it does not issue the permit, it must provide a written response stating the reasons;

2. The procedures for issuing a Permit to Repair Support Tools for entities under the management of the Ministry of National Defense, including the People's Army, Self-Defense Forces, Coast Guard, Cryptographic Services, and sports clubs and training centers, shall be carried out in accordance with the regulations of the Minister of National Defense.

Article 61. Use of Support Tools

1. Persons assigned support tools when performing tasks must comply with the provisions of Clause 2, Article 22 of this Law and may use them in the following cases:

a) As provided for in Article 23 of this Law;

b) To prevent and disperse illegal demonstrations, riots, disturbances to public order that infringe upon national security, public order, and social safety;

c) To prevent individuals who are threatening the lives or health of law enforcement officers or other persons;

d) To prevent and disperse acts of disruption, resistance, non-compliance with orders of law enforcement officers, causing loss of security and safety at detention centers, temporary detention facilities, holding houses, educational institutions, compulsory education facilities, drug rehabilitation centers;

đ) In self-defense or emergency situations as prescribed by law.

2. Persons assigned to use support tools shall not be held responsible for damages if the use of such tools complies with the provisions of this Article and other relevant laws; however, if the use of support tools exceeds the limits of self-defense, causes obvious damage exceeding the requirements of an emergency situation, or takes advantage of or abuses the use of support tools to infringe upon the lives, health, rights, and legitimate interests of agencies, organizations, or individuals, they shall be subject to legal sanctions.

Article 62. Responsibilities of Organizations and Enterprises Engaged in Research, Manufacturing, Trading, Transporting, and Repairing Support Tools

1. Must ensure conditions for security, order, safety, fire prevention and fighting, and environmental protection during the process of researching, manufacturing, trading, transporting, and repairing support tools.

2. Organizations and enterprises producing and trading in support tools may only purchase, sell, export, import, and repair support tools according to permits issued by competent authorities.

Chapter VI

RECEIVING, COLLECTING, SORTING, STORING, DISPOSAL,
DESTRUCTION OF WEAPONS, EXPLOSIVE MATERIALS, AND SUPPORT TOOLS

Article 63. Principles for Receiving, Collecting, Sorting, Storing, Disposal, and Destruction of Weapons, Explosive Materials, and Support Tools

1. Agencies, organizations, and individuals must report, declare, and hand over weapons, explosive materials, and support tools to military agencies, police agencies, or People's Committees nearest to them if they are not within the scope of equipment and use as prescribed by law, regardless of their source or if they are found or collected.

2. The receiving, collecting, sorting, storing, disposal, and destruction of weapons, explosive materials, and support tools must ensure safety and minimize environmental impact. Transportation of received and collected weapons, explosive materials, and support tools must use specialized means or other means but must ensure safety.

3. The receiving and collecting of weapons, explosive materials, and support tools must be conducted regularly and through campaigns.

4. Weapons, explosive materials, and support tools that still have value after being sorted will be put into use as prescribed by law.

5. The sorting, storing, disposal, and destruction of weapons, explosive materials, and support tools for objects under the management of the Ministry of National Defense shall be regulated by the Minister of National Defense; for objects not under the management of the Ministry of National Defense, it shall be regulated by the Minister of Public Security.

6. Personnel engaged in receiving, collecting, sorting, storing, disposal, and destruction of weapons, explosive materials, and support tools must be trained in professional skills and equipped with protective devices to ensure safety.

Article 64. Acceptance and Collection of Weapons, Explosives, and Auxiliary Tools

1. The acceptance and collection of weapons, explosives, and auxiliary tools include: types of weapons, explosives, and auxiliary tools prescribed in Article 3 of this Law; scrap, waste products, and accessories of weapons, explosives, and auxiliary tools; explosive materials from bombs, mines, grenades, bullets, shells, torpedoes, and underwater mines.

2. Situations for acceptance and collection include:

a) Weapons, explosives, and auxiliary tools of agencies, organizations, or individuals not equipped or owned according to the provisions of the law;

b) Weapons, explosives, and auxiliary tools related to cases that have been processed by competent authorities according to the provisions of the law; weapons, explosives, and auxiliary tools discovered and seized by functional agencies;

c) Weapons, explosives, and auxiliary tools discovered by agencies, organizations, or individuals but unable to identify the responsible management agency or owner; weapons, explosives, and auxiliary tools remaining in society after wars.

Article 65. Excavation and Search for Weapons and Explosives

1. Organizations and individuals wishing to excavate and search for weapons and explosives must submit an application to the People's Committee of the district.

a) The application includes: a request letter clearly stating the

b) Within five working days from the date of receiving the complete application, the People's Committee of the district must respond in writing; if不同意仍然出现。以下是直接翻译：

2. Organizations and individuals proposing to excavate and search for weapons and explosive materials must request or hire organizations or units permitted to excavate and search for weapons and explosive materials as stipulated in Clause 5 of this Article to carry out the excavation and search for weapons and explosive materials after being granted permission by the People's Committee of the district to excavate and search for weapons and explosive materials.

3. Organizations and individuals proposing to excavate and search for weapons and explosive materials must submit a notification in writing to the People's Committee of the commune at least five days before carrying out the excavation and search to ensure coordination for safety measures. The excavation and search for weapons and explosive materials can only be carried out within the scope and location that have been permitted.

4. In cases where organizations or individuals proposing have a need to excavate and search for weapons and explosive materials outside the scope and location that have been permitted, they must submit a written request to the People's Committee of the district. Within the latest five working days, the People's Committee of the district must provide a written response; if不同意直接翻译此段文字。请允许我按照规则提供准确的翻译：

5. Tổ chức, đơn vị được phép thực hiện đào bới, tìm kiếm vũ khí, vật liệu nổ bao gồm: đơn vị chuyên ngành kỹ thuật về vũ khí, công binh thuộc Bộ Quốc phòng, Bộ Công an; tổ chức khác được Thủ tướng Chính phủ cho phép.

Điều 66. Thẩm quyền tiếp nhận, thu gom, phân loại, thanh lý, tiêu hủy vũ khí, vật liệu nổ, công cụ hỗ trợ

1. Ủy ban nhân dân cấp xã, cấp huyện, cơ quan quân sự, cơ quan Công an, đơn vị Quân đội có thẩm quyền tiếp nhận, thu gom vũ khí, vật liệu nổ, công cụ hỗ trợ.

2. Cơ quan quân sự, cơ quan Công an cấp huyện, đơn vị Quân đội cấp Trung đoàn trở lên có trách nhiệm phân loại vũ khí, vật liệu nổ, công cụ hỗ trợ đã tiếp nhận, thu gom.

3. Cơ quan, đơn vị cấp trên trực tiếp của cơ quan quy định tại khoản 2 Điều này có thẩm quyền quyết định thanh lý vũ khí, vật liệu nổ, công cụ hỗ trợ.

4. Cơ quan quân sự, cơ quan Công an cấp huyện, đơn vị Quân đội cấp Trung đoàn trở lên thực hiện việc tiêu hủy vũ khí, vật liệu nổ, công cụ hỗ trợ.

5. Vũ khí, vật liệu nổ, công cụ hỗ trợ là vật chứng hoặc liên quan đến vụ án được xử lý theo quy định của pháp luật về tố tụng hình sự.

Điều 67. Trình tự, thủ tục tiếp nhận, thu gom vũ khí, vật liệu nổ, công cụ hỗ trợ

1. Trình tự, thủ tục tiếp nhận vũ khí, vật liệu nổ, công cụ hỗ trợ thực hiện như sau:

a) Tổ chức tiếp nhận vũ khí, vật liệu nổ, công cụ hỗ trợ;

b) Lập biên bản tiếp nhận vũ khí, vật liệu nổ, công cụ hỗ trợ; biên bản tiếp nhận được lập thành 02 bản, 01 bản giao cho cơ quan, tổ chức, cá nhân giao nộp, 01 bản lưu tại cơ quan tiếp nhận;

c) Ghi vào sổ tiếp nhận, thu gom đầy đủ các thông tin liên quan đến việc tiếp nhận vũ khí, vật liệu nổ, công cụ hỗ trợ.

2. Trình tự, thủ tục thu gom vũ khí, vật liệu nổ, công cụ hỗ trợ thực hiện như sau:

a) Tổ chức thu gom vũ khí, vật liệu nổ, công cụ hỗ trợ;

b) Lập biên bản thu gom vũ khí, vật liệu nổ, công cụ hỗ trợ;

c) Ghi vào sổ tiếp nhận, thu gom đầy đủ các thông tin về vũ khí, vật liệu nổ, công cụ hỗ trợ do cơ quan, tổ chức, cá nhân trình báo.

3. Trường hợp thu gom vũ khí hạng nặng, bom, mìn, lựu đạn, quả nổ, ngư lôi, thủy lôi, vật liệu nổ, đầu đạn tên lửa, đạn pháo và đầu đạn pháo các loại hoặc các vũ khí khác cần phải có kỹ thuật chuyên ngành xử lý thì cơ quan Công an hoặc Ủy ban nhân dân nơi tiếp nhận thông tin phải tổ chức bảo vệ và thông báo ngay cho cơ quan quân sự cấp huyện, đơn vị Quân đội cấp Trung đoàn trở lên để tổ chức thu gom, xử lý theo thẩm quyền.

4. Trường hợp cơ quan tiếp nhận, thu gom cho rằng vũ khí, vật liệu nổ, công cụ hỗ trợ có dấu hiệu liên quan đến hoạt động phạm tội thì phải thông báo cho cơ quan có thẩm quyền để có biện pháp xử lý theo quy định của pháp luật.

Điều 68. Tổ chức giao nhận vũ khí, vật liệu nổ, công cụ hỗ trợ

1. Việc lập thống kê bàn giao cho cơ quan quân sự để xử lý theo quy định đối với bom, mìn, lựu đạn, quả nổ, ngư lôi, thủy lôi, vật liệu nổ, đầu đạn tên lửa, đạn pháo và đầu đạn pháo các loại đã tiếp nhận, thu gom thực hiện như sau:

a) Cơ quan Công an và Ủy ban nhân dân cấp xã, cấp huyện lập thống kê bàn giao cho cơ quan quân sự cấp huyện;

b) Cơ quan Công an cấp tỉnh và các đơn vị thuộc Bộ Công an lập thống kê bàn giao cho cơ quan quân sự cấp tỉnh;

c) Khi bàn giao phải lập biên bản, kèm theo bảng thống kê ghi cụ thể chủng loại, số lượng, nguồn gốc.

2. Việc vận chuyển các loại vũ khí, vật liệu nổ bàn giao quy định tại khoản 1 Điều này do lực lượng chuyên ngành của cơ quan quân sự đảm nhiệm.

3. Bộ trưởng Bộ Quốc phòng quy định việc tiếp nhận, thu gom, bảo quản, thanh lý, tiêu hủy bom, mìn, lựu đạn, quả nổ, ngư lôi, thủy lôi, vật liệu nổ, đầu đạn tên lửa, đạn pháo và đầu đạn pháo các loại đã tiếp nhận, thu gom hoặc do cơ quan, đơn vị ngoài Quân đội chuyển giao.

Điều 69. Bảo quản vũ khí, vật liệu nổ, công cụ hỗ trợ tiếp nhận, thu gom

1. Vũ khí, vật liệu nổ, công cụ hỗ trợ đã tiếp nhận, thu gom phải được bảo quản chặt chẽ theo quy định. Có nội quy, phương án phòng cháy và chữa cháy. Không được bảo quản chung trong kho vũ khí, khí tài, kho tài liệu, kho vật tư của đơn vị.

2. Bộ trưởng Bộ Quốc phòng ban hành quy chuẩn kỹ thuật kho bảo quản vũ khí, vật liệu nổ và công cụ hỗ trợ tiếp nhận, thu gom thuộc phạm vi quản lý; Bộ trưởng Bộ Công an ban hành quy chuẩn kỹ thuật kho bảo quản vũ khí, vật liệu nổ và công cụ hỗ trợ tiếp nhận, thu gom không thuộc phạm vi quản lý của Bộ Quốc phòng.

Điều 70. Trình tự, thủ tục phân loại, thanh lý, tiêu hủy vũ khí, vật liệu nổ, công cụ hỗ trợ

1. Vũ khí, vật liệu nổ, công cụ hỗ trợ đã tiếp nhận, thu gom phải được thống kê, phân loại để xác định chất lượng và giá trị sử dụng để thanh lý hoặc tiêu hủy.

2. Trình tự, thủ tục phân loại, thanh lý vũ khí, vật liệu nổ, công cụ hỗ trợ thực hiện như sau:

a) Sau khi tiếp nhận, thu gom vũ khí, vật liệu nổ, công cụ hỗ trợ, cơ quan quân sự, cơ quan Công an cấp huyện, đơn vị Quân đội cấp Trung đoàn trở lên tiến hành phân loại và báo cáo cơ quan cấp trên trực tiếp quyết định đưa vào sử dụng hoặc tiêu hủy;

b) Cơ quan cấp trên khi nhận được báo cáo phải xem xét và quyết định cho phép đưa vào sử dụng hoặc tiêu hủy vũ khí, vật liệu nổ, công cụ hỗ trợ.

3. Trình tự, thủ tục tiêu hủy vũ khí, vật liệu nổ, công cụ hỗ trợ thực hiện như sau:

a) Sau khi có quyết định tiêu hủy vũ khí, vật liệu nổ, công cụ hỗ trợ, cơ quan quân sự, cơ quan Công an cấp huyện, đơn vị Quân đội cấp Trung đoàn trở lên phải thành lập Hội đồng tiêu hủy và xây dựng phương án tiêu hủy. Thành phần Hội đồng tiêu hủy bao gồm: đại diện cơ quan tiêu hủy là Chủ tịch Hội đồng; đại diện cơ quan kỹ thuật chuyên ngành và cơ quan thực hiện quản lý nhà nước về môi trường cấp huyện, Ủy ban nhân dân cấp xã nơi có địa điểm tiêu hủy là thành viên Hội đồng. Phương án tiêu hủy phải bảo đảm an toàn, hạn chế ảnh hưởng đến môi trường;

b) Sau khi tiêu hủy, phải tiến hành kiểm tra tại hiện trường, bảo đảm tất cả vũ khí, vật liệu nổ, công cụ hỗ trợ tiêu hủy đã bị làm mất khả năng phục hồi tính năng, tác dụng. Kết quả tiêu hủy phải được lập thành biên bản, có xác nhận của Chủ tịch và các thành viên Hội đồng.

4. Trường hợp số vũ khí, vật liệu nổ có nguy cơ mất an toàn, cần xử lý khẩn cấp thì người đứng đầu cơ quan quân sự, cơ quan Công an cấp huyện, đơn vị Quân đội cấp Trung đoàn trở lên quyết định tiêu hủy ngay; sau khi tiêu hủy, phải báo cáo cơ quan cấp trên bằng văn bản.

Điều 71. Kinh phí bảo đảm cho việc tiếp nhận, thu gom, phân loại, bảo quản, thanh lý, tiêu hủy vũ khí, vật liệu nổ, công cụ hỗ trợ

1. Kinh phí bảo đảm cho việc tiếp nhận, thu gom, phân loại, bảo quản, thanh lý, tiêu hủy vũ khí, vật liệu nổ, công cụ hỗ trợ bao gồm:

a) Ngân sách nhà nước;

b) Đóng góp tự nguyện, tài trợ của tổ chức, cá nhân trong nước và nước ngoài;

c) Các nguồn kinh phí khác theo quy định của pháp luật.

2. Việc quản lý, sử dụng kinh phí bảo đảm cho việc tiếp nhận, thu gom, phân loại, bảo quản, thanh lý, tiêu hủy vũ khí, vật liệu nổ, công cụ hỗ trợ thực hiện theo quy định của Luật Ngân sách nhà nước và quy định khác của pháp luật có liên quan.

Chương VII

QUẢN LÝ NHÀ NƯỚC VỀ VŨ KHÍ, VẬT LIỆU NỔ, TIỀN CHẤT THUỐC NỔ, CÔNG CỤ HỖ TRỢ

Điều 72. Nội dung quản lý nhà nước về vũ khí, vật liệu nổ, tiền chất thuốc nổ, công cụ hỗ trợ

1. Ban hành và tổ chức thực hiện văn bản quy phạm pháp luật về quản lý, sử dụng vũ khí, vật liệu nổ, tiền chất thuốc nổ, công cụ hỗ trợ.

2. Ban hành, sửa đổi, bổ sung danh mục vũ khí, vật liệu nổ, tiền chất thuốc nổ, công cụ hỗ trợ.

3. Quy định tiêu chuẩn, quy chuẩn kỹ thuật của vũ khí, vật liệu nổ, công cụ hỗ trợ; tiêu chuẩn kho bảo quản vũ khí, vật liệu nổ, tiền chất thuốc nổ, công cụ hỗ trợ.

4. Ban hành biểu mẫu, tổ chức đăng ký, cấp, đổi, thu hồi các loại giấy phép, giấy xác nhận, giấy chứng nhận, chứng chỉ về quản lý, sử dụng vũ khí, vật liệu nổ, tiền chất thuốc nổ, công cụ hỗ trợ.

5. Tổ chức đào tạo, huấn luyện, bồi dưỡng về quản lý, sử dụng vũ khí, vật liệu nổ, tiền chất thuốc nổ, công cụ hỗ trợ.

6. Tổ chức công tác phòng, chống vi phạm pháp luật về quản lý, sử dụng vũ khí, vật liệu nổ, tiền chất thuốc nổ, công cụ hỗ trợ.

7. Tổ chức nghiên cứu, ứng dụng khoa học và công nghệ vào công tác quản lý, sử dụng vũ khí, vật liệu nổ, tiền chất thuốc nổ, công cụ hỗ trợ.

8. Thực hiện thống kê nhà nước về vũ khí, vật liệu nổ, tiền chất thuốc nổ, công cụ hỗ trợ.

9. Phổ biến, giáo dục pháp luật về quản lý, sử dụng vũ khí, vật liệu nổ, tiền chất thuốc nổ, công cụ hỗ trợ.

10. Hợp tác quốc tế về quản lý, sử dụng vũ khí, vật liệu nổ, tiền chất thuốc nổ, công cụ hỗ trợ.

11. Kiểm tra, thanh tra, giải quyết khiếu nại, tố cáo; khen thưởng và xử lý vi phạm pháp luật về quản lý, sử dụng vũ khí, vật liệu nổ, tiền chất thuốc nổ, công cụ hỗ trợ.

Điều 73. Trách nhiệm quản lý nhà nước về vũ khí, vật liệu nổ, tiền chất thuốc nổ, công cụ hỗ trợ

1. Chính phủ thống nhất quản lý nhà nước về vũ khí, vật liệu nổ, tiền chất thuốc nổ, công cụ hỗ trợ.

2. Bộ Quốc phòng thực hiện chức năng quản lý nhà nước về vũ khí, vật liệu nổ, tiền chất thuốc nổ, công cụ hỗ trợ theo quy định của Luật này và quy định khác của pháp luật có liên quan. Bộ trưởng Bộ Quốc phòng ban hành danh mục vũ khí quân dụng.

3. Bộ Công an thực hiện chức năng quản lý nhà nước về vũ khí, vật liệu nổ, tiền chất thuốc nổ, công cụ hỗ trợ theo quy định của Luật này và quy định khác của pháp luật có liên quan. Bộ trưởng Bộ Công an ban hành danh mục vũ khí thể thao, danh mục công cụ hỗ trợ.

4. Bộ Công Thương thực hiện chức năng quản lý nhà nước về vật liệu nổ, tiền chất thuốc nổ theo quy định của Luật này và quy định khác của pháp luật có liên quan. Bộ trưởng Bộ Công Thương ban hành danh mục vật liệu nổ công nghiệp, danh mục tiền chất thuốc nổ.

5. Bộ, cơ quan ngang Bộ, trong phạm vi nhiệm vụ, quyền hạn của mình, có trách nhiệm thực hiện quản lý nhà nước về vũ khí, vật liệu nổ, tiền chất thuốc nổ, công cụ hỗ trợ.

6. Ủy ban nhân dân các cấp, trong phạm vi nhiệm vụ, quyền hạn của mình, tổ chức thực hiện quản lý nhà nước về vũ khí, vật liệu nổ, tiền chất thuốc nổ, công cụ hỗ trợ tại địa phương.

Điều 74. Cập nhật, khai thác, quản lý, sử dụng cơ sở dữ liệu về vũ khí, vật liệu nổ, tiền chất thuốc nổ, công cụ hỗ trợ

1. Cơ sở dữ liệu về vũ khí, vật liệu nổ, tiền chất thuốc nổ, công cụ hỗ trợ là tập hợp thông tin cơ bản về vũ khí, vật liệu nổ, tiền chất thuốc nổ, công cụ hỗ trợ được chuẩn hóa, số hóa, lưu trữ, quản lý bằng công nghệ thông tin để phục vụ quản lý nhà nước và giao dịch của cơ quan, tổ chức, cá nhân.

2. Bộ trưởng Bộ Quốc phòng quy định việc xây dựng, quản lý, cập nhật, khai thác cơ sở dữ liệu về vũ khí, vật liệu nổ, tiền chất thuốc nổ, công cụ hỗ trợ đối với đối tượng thuộc phạm vi quản lý của Bộ Quốc phòng.

3. Bộ trưởng Bộ Công Thương quy định việc xây dựng, quản lý, cập nhật, khai thác cơ sở dữ liệu về vật liệu nổ công nghiệp, tiền chất thuốc nổ đối với đối tượng thuộc phạm vi quản lý của Bộ Công Thương.

4. Bộ trưởng Bộ Công an quy định việc xây dựng, quản lý, cập nhật, khai thác cơ sở dữ liệu về vũ khí, vật liệu nổ, tiền chất thuốc nổ, công cụ hỗ trợ đối với đối tượng không thuộc phạm vi quản lý của Bộ Quốc phòng, Bộ Công Thương.

Chương VIII

ĐIỀU KHOẢN THI HÀNH

Điều 75. Hiệu lực thi hành

1. Luật này có hiệu lực thi hành từ ngày 01 tháng 7 năm 2018.

2. Pháp lệnh quản lý, sử dụng vũ khí, vật liệu nổ và công cụ hỗ trợ số 16/2011/UBTVQH12 và Pháp lệnh sửa đổi, bổ sung một số điều của Pháp lệnh quản lý, sử dụng vũ khí, vật liệu nổ và công cụ hỗ trợ số 07/2013/UBTVQH13 hết hiệu lực kể từ ngày Luật này có hiệu lực thi hành.

Điều 76. Quy định chuyển tiếp

Các loại giấy phép, giấy xác nhận, giấy chứng nhận, chứng chỉ về vũ khí, vật liệu nổ, tiền chất thuốc nổ, công cụ hỗ trợ đã được cấp trước ngày Luật này có hiệu lực thi hành mà còn thời hạn thì được tiếp tục sử dụng cho đến hết thời hạn ghi trong giấy phép, giấy xác nhận, giấy chứng nhận, chứng chỉ đó.

Luật này được Quốc hội nước Cộng hòa xã hội chủ nghĩa Việt Nam khóa XIV, kỳ họp thứ 3 thông qua ngày 20 tháng 6 năm 2017.