Decree No. 149/2024/NĐ-CP detailing certain provisions and measures for the implementation of the Law on Management and Use of Weapons, Explosive Materials, and Auxiliary Tools.

DECREE

REGULATION detailing certain provisions and measures to implement the Law on Management and Use of Weapons, Explosives, and Support Tools

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Management and Use of Weapons, Explosives, and Auxiliary Equipment dated June 29, 2024;

The Government promulgates this Decree on regulations regarding entry, exit, and residence policies for foreigners at the International Financial Center in Vietnam.

The Government promulgates this Decree to detail certain provisions and measures to implement the Law on Management and Use of Weapons, Explosives, and Support Tools.No. 1. This Decree details certain provisions of the Law on Management and Use of Weapons, Explosives, and Support Tools, including:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

a) Clause 3, Article 6, regarding training, instruction, and issuance of certificates for the use of military weapons, explosives, and support tools;

b) Clause 4, Article 7, regarding instruction, issuance of management certificates for weapon storage facilities, and places storing military weapons, explosives, and support tools;

c) Clause 3, Article 8, regarding management and preservation of military weapons, explosives, and support tools;

d) Clause 3, Article 10, regarding procedures for the recovery of military weapons, explosives, and support tools and permits, certificates for their management and use;

đ) Clause 5, Article 14, regarding authority, procedure, and process to render weapons and support tools used for exhibitions, displays, or as props in cultural and artistic activities non-functional and confirm their condition;

e) Clause 6, Article 17, regarding business, export, and import of weapons, except for research, manufacture, production, repair, export, and import of weapons for national defense and security purposes;

g) Clause 1, Article 74, regarding safety measures in the production, business, export, import, transportation, and use of high-danger knives.

2. Measures to implement the Law on Management and Use of Weapons, Explosives, and Support Tools include: inspection of management and use of military weapons, explosives, and support tools; state management responsibility over military weapons, explosives, and support tools.

This Decree applies to agencies, organizations, enterprises, and individuals related to the management and use of military weapons, explosives, and support tools, and the production, business, export, import, transportation, and use of high-danger knives.

Article 2. Applicability

1. Rendering weapons and support tools non-functional is the act of organizations and enterprises permitted to research, manufacture, produce, and repair weapons and support tools implementing measures to render them non-functional and unusable.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

2. A weapons and explosives storage facility is a construction built at a location according to technical standards approved by competent authorities for the storage and preservation of military weapons, explosives, and support tools.

A place for storing weapons and support tools is a location arranged by agencies, organizations, and enterprises for the storage and preservation of weapons and support tools to ensure security, safety, fire prevention, and firefighting.

Classification of weapons, explosives, and support tools is the process of evaluating, grading, arranging, and statistics on weapons, explosives, and support tools based on type, quality, utility value, function, effect, and level of danger.

5. Training and instruction on the management and use of weapons, explosives, and support tools is the activity of competent authorities in disseminating legal regulations, guiding management, preservation, transportation, structure, function, and usage skills for each type of weapon, explosive, and support tool.

6. Competent authorities responsible for equipping and distributing weapons, explosives, and support tools are agencies assigned by the Minister of Public Security or the Minister of National Defense to provide weapons, explosives, and support tools to units under the People's Public Security and People's Army for management and use in performing tasks.

7. Public places are areas or locations serving common needs of many people, concentrating political, economic, cultural, and social activities.

7. Public place is an area or location serving the common needs of many people, concentrating political, economic, cultural, and social activities.

Article 4. Management and storage of military firearms, explosives, and auxiliary tools

1. The management and storage of military firearms, explosives, and auxiliary tools shall be carried out in accordance with the provisions of Article 8 of the Law on Management and Use of Firearms, Explosives, and Auxiliary Tools, and the following provisions:

a) Agencies, organizations, and enterprises equipped with military firearms, explosives, and auxiliary tools must manage and store them in warehouses or storage locations; they may only be used when there is a usage permit or registration/reporting as prescribed;

b) Warehouses for military firearms, explosives, and auxiliary tools must be designed and constructed according to technical standards set by the Minister of Public Security or the Minister of National Defense within their respective jurisdictions;

c) Warehouses and storage locations for military firearms, explosives, and auxiliary tools must ensure security, safety, fire prevention, firefighting, and environmental protection; they must have protection plans, emergency response plans, internal regulations approved by the head of the agency, organization, or enterprise; and they must have equipment and means to meet technical standards to serve the management and storage of military firearms, explosives, and auxiliary tools;

d) Military firearms, explosives, and auxiliary tools stored in warehouses or storage locations must be neatly arranged separately by type and brand; flammable and explosive materials or items must not be stored together with military firearms, explosives, or auxiliary tools in the same warehouse or storage location;

2. Management and storage regime for military firearms, explosives, and auxiliary tools

a) Agencies, organizations, and enterprises equipped with and using military firearms, explosives, and auxiliary tools must establish files and registers; when removing military firearms, explosives, or auxiliary tools from the warehouse or storage location for use, it must be agreed upon by the head of the agency, organization, or enterprise, and full information must be recorded in the file or register, with signatures confirming the transfer from the giver and receiver; after use, if there is unused military firearm, auxiliary tool, or explosive material, it must be reported to the head of the agency, organization, or enterprise and handed over to the person responsible for managing the warehouse or storage location for maintenance, storage, and management as prescribed;

b) Agencies, organizations, and enterprises equipped with and using military firearms, explosives, and auxiliary tools must regularly conduct technical inspections, quality assessments, and classification of the equipped and used military firearms, explosives, and auxiliary tools; annually in November, they must report the results in writing to the competent authority granting the equipment and the authority issuing permits for the equipment and use of military firearms, explosives, and auxiliary tools as prescribed;

c) Military firearms, explosives, and auxiliary tools in the People's Public Security and People's Army that are no longer needed, have expired, are damaged beyond repair, or are not eligible for equipment must be surrendered to the competent authority granting the equipment for recovery, liquidation, and destruction in accordance with the law on the management and use of state assets;

d) Military firearms and auxiliary tools equipped for other agencies, organizations, and enterprises under the jurisdiction of the Ministry of Public Security that are no longer needed, have expired, are damaged beyond repair, or are not eligible for equipment must be surrendered to the authority issuing the equipment permit for recovery, liquidation, and destruction as prescribed;

e) In case of loss of military firearms, explosives, or auxiliary tools, or incidents involving the warehouse or storage location, immediate reports must be made to the police station of the commune where the agency, organization, or enterprise is located, the equipment-granting authority, and the authority issuing the equipment permit for appropriate measures to be taken as prescribed;

3. The person assigned to manage the warehouse or storage location for military firearms, explosives, and auxiliary tools must fulfill the following responsibilities:

a) Record all issuance, receipt, recovery, transfer, mobilization, reassignment, damage, loss, repair of military firearms, explosives, and auxiliary tools in the tracking register;

b) Regularly inspect, maintain, and take preventive measures against rust, corrosion, pests, moisture, and mold affecting military firearms, explosives, and auxiliary tools; ensure cleaning inside and outside the warehouse or storage location to guarantee security, safety, fire prevention, firefighting, and environmental protection.

Article 5. Recovery of Military Firearms, Explosives, and Support Tools and Revocation of Permits, Certificates, and Certifications for Management and Use of Military Firearms, Explosives, and Support Tools

Clause 1. The recovery of military firearms, explosives, and support tools shall be carried out according to the following procedures:

Point a) When an agency, organization, or enterprise hands over military firearms, explosives, and support tools, they must submit a written request to the competent authority to issue a permit for transporting such items. After receiving the written request for the transport permit, the competent authority responsible for issuing permits for equipping and using these items will organize the recovery of military firearms, explosives, and support tools in accordance with the provisions of point b of this clause. However, if the competent authority directly recovers military firearms, explosives, and support tools at the premises of the agency, organization, or enterprise requesting to hand them over, there is no need to issue a transport permit.

The competent authority for equipping under the Ministry of Public Security and the Ministry of National Defense, upon receipt of a written request for the recovery of military firearms, explosives, and support tools from units within the People's Police and the People's Army, shall organize the recovery of military firearms, explosives, and support tools in accordance with the provisions of point b of this clause;

Point b) The competent authority for issuing permits for equipping and using, or the competent authority for equipping under the Ministry of Public Security and the Ministry of National Defense, shall be responsible for inspecting and recording the recovery, specifying the quantity, type, brand, serial number, marking, country of production, origin, condition of military firearms, explosives, and support tools. The record shall be made in two copies, one copy handed over to the agency, unit, organization, or enterprise, and one copy retained by the competent authority for recovery.

Clause 2. The revocation of permits, certificates, and certifications for management and use of military firearms, explosives, and support tools shall be carried out according to the following procedures:

Point a) Within three working days from the date of receipt of a written request for the revocation of usage permits for firearms and support tools, business permits for support tools, certificates for use, and warehouse management certifications for military firearms, explosives, and support tools from agencies, organizations, or enterprises, the competent authority issuing the permits must notify the requesting agency, organization, or enterprise about the time and place for handing over to recover;

Point b) The competent authority issuing permits, certificates, and certifications for management and use of military firearms, explosives, and support tools shall be responsible for inspecting and recording the recovery, specifying the quantity and type of permits, certificates, and certifications. The record shall be made in two copies, one copy handed over to the agency, organization, or enterprise, and one copy retained by the competent authority for recovery;

Point c) For units within the People's Police after handing over firearms and support tools to the competent authority for equipping, they must also hand over usage permits to the competent authority issuing the permits and follow the provisions of point b of this clause.

Clause 3. In cases where agencies, organizations, or enterprises fail to hand over military firearms, explosives, and support tools, permits, certificates, and certifications as prescribed in Article 9 of the Law on Management and Use of Military Firearms, Explosives, and Support Tools, the competent authority for equipping or the competent authority issuing permits for equipping shall conduct inspections and records in accordance with the provisions of point b of clauses 1 and 2 of this article, organize the recovery of military firearms, explosives, and support tools, permits, certificates, and certifications, and handle them according to the law.

Clause 4. After recovering military firearms, explosives, and support tools, the competent authority must classify, store, liquidate, and destroy them in accordance with regulations. As for recovered permits, certificates, and certifications, the competent authority issuing permits, certificates, and certifications must annually compile detailed statistics on each type of recovered permit, certificate, and certification, organize their destruction, and record the results of the destruction.

Article 6. Competence, Procedure, and Formalities for Rendering Ineffective and Confirming the Status of Weapons and Auxiliary Tools Used for Exhibition, Display, or as Props in Cultural and Artistic Activities

1. Weapons and auxiliary tools must be rendered ineffective before being used for exhibition, display, or as props in cultural and artistic activities; except for primitive weapons managed and used according to laws on cultural heritage.

2. Organizations and enterprises under the Ministry of Public Security and the Ministry of National Defense that are permitted to research, manufacture, produce, and repair weapons and auxiliary tools may render ineffective the weapons and auxiliary tools after obtaining written approval from the competent authority specified in Clause 3 of this Article.

3. The Department of Administrative Police under the Ministry of Public Security has the competence to confirm the status of weapons and auxiliary tools that have been rendered ineffective and are used for exhibition, display, or as props in cultural and artistic activities for agencies, organizations, and enterprises licensed by the Department of Administrative Police for equipping and using; the Provincial Administrative Police Departments have the competence to confirm the status of weapons and auxiliary tools that have been rendered ineffective and are used for exhibition, display, or as props in cultural and artistic activities for agencies, organizations, and enterprises licensed by the Provincial Administrative Police Departments for equipping and using.

The competent authority decided by the Minister of National Defense shall implement the confirmation of the status of weapons and auxiliary tools that have been rendered ineffective and are used for exhibition, display, or as props in cultural and artistic activities for objects under the management of the Ministry of National Defense.

4. Agencies, organizations, and enterprises that need to render ineffective and confirm the status of weapons and auxiliary tools that have been rendered ineffective must proceed as follows:

a) A request document for rendering ineffective and confirming the status of weapons and auxiliary tools that have been rendered ineffective, including the name and address of the agency, organization, or enterprise; the full name and personal identification number or passport number of the legal representative; reasons, quantity, types, brands, serial numbers, symbols, origin, and place of manufacture of each type of weapon and auxiliary tool; the name and address of the organization or enterprise performing the rendering ineffective.

b) The document specified in point a of this clause shall be submitted through the National Public Service Portal, the Information System for Handling Administrative Procedures of the Ministry of Public Security, sent via postal service, or directly submitted to the competent police authority specified in Clause 3 of this Article. In case of direct submission, the request document must include the full name and personal identification number or passport number of the person making the contact.

For objects under the management of the Ministry of National Defense, the request document shall be submitted through the Information System for Handling Administrative Procedures of the Ministry of National Defense, sent via postal service, or directly submitted to the competent authority designated by the Minister of National Defense. In case of direct submission, the request document must include the full name and personal identification number or passport number of the person making the contact.

c) Within three working days from the date of receipt of the request document for handling the procedure of rendering ineffective weapons and auxiliary tools, the competent authority specified in Clause 3 of this Article shall issue a notification allowing the rendering ineffective of weapons and auxiliary tools, specifying the quantity, types, brands, serial numbers, symbols of the weapons and auxiliary tools, the time, name, and address of the organization or enterprise performing the rendering ineffective; if not agreeing, a reply document must be issued stating the reasons.

After the organizations and enterprises under the Ministry of Public Security have rendered ineffective the weapons and auxiliary tools, they shall notify the requesting agency, organization, or enterprise and the Department of Administrative Police or the Provincial Administrative Police Department to conduct inspections, prepare inspection reports evaluating the status of the rendered ineffective weapons and auxiliary tools, and issue a Notification confirming the status of the rendered ineffective weapons and auxiliary tools.

5. Agencies, organizations, and enterprises currently managing and using weapons and auxiliary tools that have been rendered ineffective who wish to use them for exhibition, display, or as props in cultural and artistic activities must proceed as follows:

a) A request document for confirming the status of weapons and auxiliary tools that have been rendered ineffective, including the name and address of the agency, organization, or enterprise; the full name and personal identification number or passport number of the legal representative; reasons, quantity, types, brands, serial numbers, symbols, origin, and place of manufacture of the weapons and auxiliary tools;

b) The document specified in point a of this clause shall be submitted through the National Public Service Portal, the Information System for Handling Administrative Procedures of the Ministry of Public Security, sent via postal service, or directly submitted to the competent police authority specified in Clause 3 of this Article. In case of direct submission, the request document must include the full name and personal identification number or passport number of the person making the contact.

For objects under the management of the Ministry of National Defense, the request document shall be submitted through the Information System for Handling Administrative Procedures of the Ministry of National Defense, sent via postal service, or directly submitted to the competent authority designated by the Minister of National Defense. In case of direct submission, the request document must include the full name and personal identification number or passport number of the person making the contact.

c) Within three working days from the date of receipt of all required documents, the competent authority specified in Clause 3 of this Article must conduct inspections, prepare inspection reports, and issue a notification confirming the status of the rendered ineffective weapons and auxiliary tools. If not agreeing, a reply document must be issued stating the reasons.

Article 7. Measures to ensure safety in the production, business, export, import, transportation, and use of high-danger knives

1. Organizations, enterprises, and individuals producing, trading, exporting, importing, transporting high-danger knives must comply with the following regulations:

a) When manufacturing high-danger knives, they must affix, engrave trademarks, symbols, or the name of the production facility on the product; the production process must be strictly managed to ensure fire prevention and firefighting safety, environmental protection; high-danger knife products must be securely wrapped, packaged, or boxed;

b) Selling or introducing high-danger knives at fixed locations must store them in cabinets, trays, or racks; in cases where high-danger knives are sold without fixed locations, they must be securely wrapped, packaged, or stored and preserved strictly and safely;

c) Exporting and importing high-danger knives must be carried out in accordance with the provisions of the law on trade; high-danger knife products must have their origin or place of manufacture indicated, or trademarks, symbols, or the name of the production facility must be affixed to the product;

d) When transporting high-danger knives for business, export, or import purposes, they must be securely packaged, boxed, and fastened to prevent loss, damage, or misplacement during transportation;

đ) In case of loss or misplacement of high-danger knives during production, business, export, import, or transportation, organizations, enterprises, and individuals must report to the nearest police authority;

2. Individuals carrying high-danger knives for use in labor, production, or daily life must ensure safe wrapping or storage management; when bringing high-danger knives into public places, they must be securely wrapped or stored and preserved strictly; usage must be managed and preserved strictly to prevent misuse by others for illegal purposes;

3. Organizations, enterprises, and individuals involved in the production, business, export, import, transportation, and use of high-danger knives must fulfill the provisions set forth in Clause 1 and Clause 2 of this Article;

Article 8. Inspection of the management and use of military weapons, explosives, and support tools for entities under the jurisdiction of the Ministry of Public Security and the Ministry of National Defense

1. The competent authority designated by the Minister of Public Security shall conduct inspections of compliance with legal regulations on the management and use of military weapons, explosives, and support tools for entities under the jurisdiction of the Ministry of Public Security on a regular basis once a year or at random;

Random inspections may only be conducted when signs of violation of the law, complaints, or reports are detected regarding organizations, enterprises permitted to produce, trade, export, import, equip, and use military weapons, explosives, and support tools, or when required for security and public order maintenance;

2. The competent inspection authority has the responsibility to develop plans, decide to establish inspection teams, and notify organizations, enterprises at least three working days before conducting inspections; in cases of random inspections, notification must be given prior to the commencement of the inspection;

3. Inspected organizations, enterprises must prepare reports on the results of the management and use of military weapons, explosives, and support tools; provide complete files and documents for the competent inspection authority; arrange authorized and responsible personnel to work with the competent inspection authority; take measures to address deficiencies and limitations recorded in the inspection report or handle violations (if any);

4. Inspections must comply with regulations and not affect the normal operations of inspected organizations, enterprises; upon completion of the inspection, an inspection report must be prepared, which will be made in two copies, one copy handed over to the inspected organization, enterprise, and one copy retained by the competent inspection authority;

5. The competent authority of the Ministry of National Defense shall inspect the implementation of management and use of military weapons, explosives, and support tools for entities under the jurisdiction of the Ministry of National Defense;

Chapter II

BUSINESS, EXPORT, IMPORT OF WEAPONS

Article 9. Conditions for Trading, Exporting, and Importing Weapons

1. Organizations and enterprises under the Ministry of Public Security or the Ministry of National Defense trading in weapons must be assigned tasks to trade in weapons by the Minister of Public Security or the Minister of National Defense; in cases where organizations and enterprises trade in military-use weapons, they must have a Certificate proving their compliance with security and public order conditions.

2. Managers and persons directly involved in trading in weapons must be trained in weapon management and fire prevention and firefighting operations; warehouses, storage locations, transportation means, equipment, and tools used in trading must be suitable and ensure safety in fire prevention, firefighting, emergency response, and environmental protection during the management, preservation, and transportation of weapons.

3. Organizations and enterprises exporting and importing weapons must be permitted to trade in weapons and be assigned tasks to export and import weapons by the Minister of Public Security or the Minister of National Defense.

Article 10. Procedures for Issuing Export and Import Permits for Weapons

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

a) A request document clearly stating the name and address of the organization or enterprise requiring export or import; the establishment decision number or business registration certificate number; reasons; quantity, type, brand, country of manufacture of the weapons; full name and personal identification number or passport number of the legal representative and the person making contact;

b) A copy of the document assigning the task of exporting and importing weapons by the Minister of Public Security or the Minister of National Defense.

2. For organizations and enterprises under the jurisdiction of the Ministry of Public Security, the dossier specified in Clause 1 of this Article shall be prepared in one set and submitted to the Administrative Police Management Department of the Ministry of Public Security. Within three working days from the date of receipt of the application dossier, the Administrative Police Management Department must examine and issue the export and import permit for weapons; if not issued, it must respond in writing specifying the reasons.

3. For organizations and enterprises under the jurisdiction of the Ministry of National Defense, the dossier specified in Clause 1 of this Article shall be prepared in one set and submitted to the competent authority within the Ministry of National Defense. Within three working days from the date of receipt of the request document, the competent authority within the Ministry of National Defense must examine and issue the export and import permit for weapons; if not issued, it must respond in writing specifying the reasons.

4. The export and import permit for weapons has a validity period of ninety days.

Article 11. Responsibilities of Organizations and Enterprises Engaged in Trading, Exporting, and Importing Weapons

1. Only engage in trading, exporting, and importing weapons according to the permit issued by the competent authority; weapons must meet technical standards and specifications, types, brands, serial numbers, markings, countries of manufacture, and years of manufacture for each type of weapon.

2. Maintain regular conditions regarding security, public order, fire prevention, firefighting, accident prevention, emergency response, environmental protection, and ensuring safety in trading, exporting, and importing weapons.

Chapter III

TRAINING, INSTRUCTING, ISSUING LICENSES FOR THE USE OF MILITARY-USE WEAPONS, EXPLOSIVE MATERIALS, AND ASSISTANCE TOOLS;

TRAINING, ISSUING CERTIFICATES FOR MANAGING WAREHOUSES AND STORAGE LOCATIONS FOR MILITARY-USE WEAPONS, EXPLOSIVE MATERIALS, AND ASSISTANCE TOOLS

Article 12. Subjects for training, instruction, issuance of certificates for the use of military firearms, explosives, and auxiliary tools; instruction and issuance of certificates for managing storage facilities for military firearms, explosives, and auxiliary tools

Clause 1. Persons assigned to use military firearms, explosives, and auxiliary tools of agencies, organizations, and enterprises under the management authority of the Ministry of Public Security must be trained, instructed, and issued with a Certificate for the Use of Military Firearms, Explosives, and Auxiliary Tools. In cases where they are instructors or athletes using sports firearms for training and competition, they are exempted from training on usage skills.

Clause 2. Persons assigned to manage storage facilities for military firearms, explosives, and auxiliary tools must be instructed and issued with a Certificate for Managing Storage Facilities for Military Firearms, Explosives, and Auxiliary Tools.

Article 13. Content, duration, location, and funding for organizing training and instruction on the management and use of military firearms, explosives, and auxiliary tools

Clause 1. Training and instruction on the management and use of military firearms, explosives, and auxiliary tools must ensure compliance with the registered training and instruction content regarding the subjects, types of military firearms, explosives, and auxiliary tools.

Clause 2. Instruction content

Point a) Legal provisions on the management and use of military firearms, explosives, and auxiliary tools;

Point b) Structure, features, and effects of each type of military firearm, explosive, and auxiliary tool;

Point c) Management, preservation, maintenance, assembly and disassembly of military firearms, explosives, and auxiliary tools; management of storage facilities for military firearms, explosives, and auxiliary tools;

Point d) Skills in using military firearms, explosives, and auxiliary tools.

Clause 3. The duration of training and instruction on the management and use of military firearms and explosives is ten working days; management and use of sports firearms and auxiliary tools, and management of storage facilities for military firearms, explosives, and auxiliary tools is five working days.

Clause 4. The location for organizing training and instruction must have appropriate physical infrastructure, equipment, and tools suitable for the training activities; ensuring security, safety, fire prevention, firefighting, and environmental protection. In cases involving live-fire drills, they must be organized at shooting ranges as prescribed.

Clause 5. Funding for organizing training and instruction shall be the responsibility of the agency, organization, or enterprise requesting the instruction.

Article 14. Standards for trainers and instructors on the management and use of military firearms, explosives, and auxiliary tools

Clause 1. Hold a bachelor's degree from the education system of the Ministry of Public Security or the Ministry of Defense, or a specialized associate degree in ordnance or higher.

Clause 2. Possess technical expertise and practical experience of two years or more in the field of training and instruction on the management and use of military firearms, explosives, and auxiliary tools.

Article 15. Authority for training, instruction, and issuance of certificates for the use of military firearms, explosives, and auxiliary tools; instruction and issuance of certificates for managing storage facilities for military firearms, explosives, and auxiliary tools for subjects within the scope of management of the Ministry of Public Security

Clause 1. Authority for training and instruction on the management and use of military firearms, explosives, and auxiliary tools

Point a) The Administrative Police Management Bureau, Ministry of Public Security;

Point b) Provincial Public Security Administrative Police Management Division, Municipal Public Security Administrative Police Management Division directly under the Central Government;

Point c) The Equipment and Logistics Bureau, Ministry of Public Security;

Point d) Police Academies, People's Public Security Schools, and People's Public Security Training and Professional Development Centers.

Clause 2. Authority for issuing and reissuing certificates for the use of military firearms, explosives, and auxiliary tools; certificates for managing storage facilities for military firearms, explosives, and auxiliary tools

Point a) The Administrative Police Management Bureau, Ministry of Public Security has the authority to issue and reissue certificates for the use of military firearms, explosives, and auxiliary tools; certificates for managing storage facilities for military firearms, explosives, and auxiliary tools for individuals belonging to agencies, organizations, and enterprises permitted to produce, trade, export, import, equip, and use military firearms, explosives, and auxiliary tools nationwide;

Point b) Provincial Public Security Administrative Police Management Division, Municipal Public Security Administrative Police Management Division directly under the Central Government has the authority to issue and reissue certificates for the use of military firearms, explosives, and auxiliary tools; certificates for managing storage facilities for military firearms, explosives, and auxiliary tools for individuals belonging to agencies, organizations, and enterprises permitted to produce, trade, export, import, equip, and use military firearms, explosives, and auxiliary tools located in their respective localities.

Article 16. Training and instruction procedures for management and use of firearms, explosives, and support tools

1. The application dossier for training and instruction on management and use of firearms, explosives, and support tools by agencies, organizations, and enterprises shall include:

a) A request letter clearly stating the needs, number of participants in the training and instruction; time and location of the training and instruction;

b) A list of participants in the training and instruction, including their full name, date of birth, personal identification number, position, accompanied by three color photographs measuring 3 cm x 4 cm in size, wearing prescribed attire (the photograph must not be older than six months from the date of submission of the dossier).

2. The dossier specified in Clause 1 of this Article shall be submitted through the National Public Service Portal, the Ministry of Public Security's Administrative Procedure Information System, or sent via postal service to the competent authority as stipulated in Clause 1 of Article 15 of this Decree. In case of direct submission, the request letter shall supplement the full name, position, personal identification number, or passport number of the person making the contact.

3. Within three working days from the date of receipt of the complete dossier, the competent authority as stipulated in Clause 2 of this Article shall be responsible for reviewing the dossier, developing a plan, and deciding to open a training and instruction class; arranging instructors ensuring compliance with the standards set forth in Article 14 of this Decree. In cases where the authorities specified in points c and d of Clause 1 of Article 15 of this Decree organize training and instruction, they must issue a notification along with the decision to open the class to the competent authority as stipulated in Clause 2 of Article 15 of this Decree for organizing inspection, examination, and issuance of certificates of use and management of firearms, explosives, and support tools.

Article 17. Inspection and Examination for Issuance of Certificates of Use of Firearms, Explosives, and Support Tools; Management Certificates for Warehouses and Storage Locations of Firearms, Explosives, and Support Tools

1. After completing the training and instruction, the competent authority as stipulated in Clause 2 of Article 15 of this Decree shall establish an Examination Board to inspect, evaluate the results of the training and instruction, and issue certificates of use of firearms, explosives, and support tools; management certificates for warehouses and storage locations of firearms, explosives, and support tools.

2. In cases where the authorities specified in points c and d of Clause 1 of Article 15 of this Decree organize training and instruction, after completion, they must submit a request letter; a list of participants in the training and instruction, including their full name, date of birth, personal identification number, position, accompanied by three color photographs measuring 3 cm x 4 cm in size, wearing prescribed attire (the photograph must not be older than six months from the date of submission of the dossier) to the competent authority as stipulated in Clause 2 of Article 15 of this Decree for organizing inspection and examination. Within three working days from the date of receipt of the complete dossier, the competent authority as stipulated in Clause 2 of Article 15 of this Decree shall establish an Examination Board to inspect, evaluate the results of the training and instruction, and issue certificates of use of firearms, explosives, and support tools; management certificates for warehouses and storage locations of firearms, explosives, and support tools.

3. Establishment of the Examination Board

a) The Director of the Administrative Police Department under the Ministry of Public Security issues a decision to establish the Examination Board, which includes: the head of the Administrative Police Department as the Chairman of the board; representatives from the Weapons, Explosives, and Support Tools Management Guidance Division; representatives from the agency, organization, or enterprise requesting training and instruction; representatives from the training and instruction organization (if applicable) as members of the board;

b) The Head of the Administrative Police Department under the Provincial or Central City Police Departments issues a decision to establish the Examination Board, which includes: the head of the Administrative Police Department as the Chairman of the board; representatives from the Registration and Management Division of Weapons, Explosives, and Support Tools, industries, and businesses subject to security and public order conditions and seals; representatives from the agency, organization, or enterprise requesting training and instruction; representatives from the training and instruction organization (if applicable) as members of the board.

4. Content of Inspection

a) Theoretical Inspection Individuals trained and instructed on management and use of firearms, explosives, and support tools must take a multiple-choice test lasting 40 minutes; the test consists of 30 questions on legal regulations concerning the management and use of firearms, explosives, and support tools; the maximum score for the multiple-choice test is 30 points;

b) Practical Inspection Individuals trained and instructed on management and use of firearms, explosives, and support tools must demonstrate skills, operations, disassembly, maintenance, and use. The duration of the practical inspection depends on the actual situation, and the Examination Board will directly assess the results;

c) Live Fire Inspection For individuals trained and instructed on the use of military and sports firearms, they must shoot three live rounds at the shooting range according to the regulations.

5. Evaluation of Inspection Results

An individual is considered qualified if they achieve a theoretical inspection score of 25 points or higher; meet the requirements of the practical inspection; and achieve a live fire inspection score of 15 points or higher (if applicable).

Article 18. Issuing Certificates for the Use of Military Firearms, Explosives, and Support Tools; Management Certificates for Storage Facilities of Military Firearms, Explosives, and Support Tools

1. The issuance of certificates for the use of military firearms, explosives, and support tools; management certificates for storage facilities of military firearms, explosives, and support tools shall be carried out as follows:

a) Within five working days from the end of the examination and testing, the competent authority specified in Clause 2, Article 15 of this Decree shall issue certificates for the use of military firearms, explosives, and support tools; management certificates for storage facilities of military firearms, explosives, and support tools to individuals who meet the requirements; for those who do not meet the requirements, notify the results of the examination and testing to the agencies, organizations, enterprises that have requested training and instruction.

b) Certificates for the use of military firearms, explosives, and support tools and management certificates for storage facilities of military firearms, explosives, and support tools are valid for a period of five years.

2. When certificates for the use of military firearms, explosives, and support tools; management certificates for storage facilities of military firearms, explosives, and support tools expire, they shall be renewed according to the procedures and formalities stipulated in Articles 16, 17, and 18 of this Decree.

3. Reissuing certificates for the use of military firearms, explosives, and support tools; management certificates for storage facilities of military firearms, explosives, and support tools in cases where the certificates are damaged or lost shall be carried out as follows:

a) Agencies, organizations, and enterprises must submit a written request specifying the reasons; the name, date of birth, personal identification number, position of the person requesting the reissue of the certificate; accompanied by two color photographs measuring 3 cm x 4 cm in size, wearing prescribed attire (the photograph must not be more than six months old as of the date of submission).

b) The document specified in point a of this clause shall be submitted through the National Public Service Portal, the Ministry of Public Security's Information System for Administrative Procedures or sent via postal service to the issuing authority. In case of direct submission, the request must include the name, position, personal identification number, or passport number of the person making the application.

c) Within three working days from the date of receiving all necessary documents, the issuing authority shall check and review the documents and reissue the certificates for the use of military firearms, explosives, and support tools; management certificates for storage facilities of military firearms, explosives, and support tools; if not issued, a written response stating the reasons must be provided. The reissued certificates retain the validity period of the previously issued certificates.

Chapter IV

STATE MANAGEMENT RESPONSIBILITIES FOR MILITARY FIREARMS, EXPLOSIVES, AND SUPPORT TOOLS

Article 19. Responsibilities of the Ministry of Public Security

1. Assist the Government in uniformly managing state affairs concerning military firearms, explosives, and support tools in the fields of national security protection, social order and safety assurance, and crime prevention and suppression.

2. Implement state management functions over military firearms, explosives, and support tools in accordance with the Law on Management and Use of Military Firearms, Explosives, and Support Tools and other relevant laws, including:

a) Organizing propaganda and dissemination of legal regulations regarding the management and use of military firearms, explosives, and support tools; mobilizing the recovery of military firearms, explosives, and support tools.

Organizing propaganda and guidance for organizations, enterprises, and individuals to implement measures ensuring safety in production, business, export, import, transportation, and use of high-risk knives;

b) Issuing technical standards for storage facilities of military firearms, explosives, and support tools within their jurisdiction;

c) Issuing forms and templates serving registration, management, and use of military firearms, explosives, and support tools under their jurisdiction;

d) Organizing registration, issuance, reissuance, and revocation of permits, certificates for management and use of military firearms, explosives, and support tools within their jurisdiction;

e) Preventing and combating crimes and violations of laws related to military firearms, explosives, and support tools;

f) Specifying the equipping, management, and use of military firearms, explosives, and support tools in the People's Public Security Force; coordinating with relevant ministries and sectors to specify the equipping, management, use, repair, transportation, classification, liquidation, deactivation, and destruction of military firearms, explosives, and support tools for entities under the jurisdiction of the Ministry of Public Security;

g) Organizing the recovery, classification, preservation, transfer, liquidation, and destruction of military firearms and support tools handed over by agencies, organizations, and enterprises under the jurisdiction of the Ministry of Public Security;

h) Compiling training content and programs; organizing training, instruction, and certification for the management and use of military firearms, explosives, and support tools for entities under the jurisdiction of the Ministry of Public Security;

i) Inspecting the management and use of military firearms, explosives, and support tools for entities under the jurisdiction of the Ministry of Public Security;

j) Organizing research, application of science and technology, and international cooperation in the management and use of military firearms, explosives, and support tools in the People's Public Security Force;

k) Statistics and compilation of situations and results of management and use of military firearms, explosives, and support tools within their jurisdiction;

l) Implementing inspections, handling complaints, reports, or grievances; rewarding and penalizing violations of laws on the management and use of military firearms, explosives, and support tools.

Article 20. Responsibilities of the Ministry of National Defense

1. Assist the Government in uniformly managing state administration over weapons, military explosives, and support tools in the fields of military, national defense, and national security protection, ensuring public order and social safety in border areas, checkpoints, airspace, territorial waters, and islands in accordance with the provisions of the law.

2. Implement state management functions over military firearms, explosives, and support tools in accordance with the Law on Management and Use of Military Firearms, Explosives, and Support Tools and other relevant laws, including:

a) Implement state management over weapons, military explosives, and support tools within the scope of management of the Ministry of National Defense; organize propaganda and dissemination of normative legal documents on the management and use of weapons, military explosives, and support tools; mobilize the recovery of weapons, military explosives, and support tools;

b) Specify the equipping, management, and use of weapons, military explosives, and support tools for the People's Army, Self-Defense Militia, Coast Guard, and Cryptographic Services within the scope of management of the Ministry of National Defense;

c) Organize training, instruction on the management and use of weapons, military explosives, and support tools and issue, reissue, and recover various types of permits, certificates, and qualifications on the management and use of weapons, military explosives, and support tools within the scope of management of the Ministry of National Defense;

d) Receive, process, and destroy weapons, military explosives, and support tools handed over by police agencies from organizations, entities, or individuals, or weapons, explosives, and support tools surrendered by organizations or individuals;

đ) Issue technical standards for weapon storage facilities, military explosives, and support tools within its authority;

e) Coordinate with the Ministry of Public Security in repairing, reclassifying, liquidating, and destroying weapons, military explosives, and support tools not within the scope of management of the Ministry of National Defense;

g) Organize research, application of science and technology, and international cooperation on the management and use of weapons, military explosives, and support tools within the scope of management;

Article 21. Responsibilities of Relevant Ministries and Agencies

1. The Ministry of Science and Technology shall be responsible for coordinating with the Ministry of National Defense and the Ministry of Public Security to perform state management functions over military explosives in scientific and technological research; coordinate in reviewing and announcing technical standards for weapon storage facilities, military explosives, and support tools;

2. The Ministry of Information and Communications shall be responsible for directing information and communication agencies to cooperate with ministries and agencies in propagandizing and disseminating legal regulations on the management and use of weapons, military explosives, and support tools; propagandizing and mobilizing the public to detect and surrender weapons, military explosives, and support tools;

3. The Ministry of Education and Training shall be responsible for coordinating with the Ministry of National Defense, the Ministry of Public Security, and relevant ministries and agencies in organizing the dissemination of legal regulations on the management and use of weapons, military explosives, and support tools in the national defense and security education program;

4. Ministries and agencies with objects eligible for equipping and using weapons and support tools shall be responsible for coordinating with the Ministry of Public Security in implementing the equipping, management, preservation, use, repair, transportation, classification, liquidation, and destruction of weapons and support tools. Within their tasks and authorities, they shall be responsible for implementing the Law on Management and Use of Weapons, Explosives, and Support Tools; providing data for national statistics; organizing the dissemination of laws on the management and use of weapons, military explosives, and support tools and performing other tasks related to state management of weapons, military explosives, and support tools.

Article 22. Responsibilities of People's Committees at all levels

1. Organize propaganda, dissemination, and legal education regarding the management and use of military firearms, explosives, and auxiliary tools.

2. Implement legal provisions concerning the management and use of military firearms, explosives, and auxiliary tools.

3. Conduct inspections, audits, address complaints, suggestions, or appeals; reward and handle violations related to the management and use of military firearms, explosives, and auxiliary tools.

Chapter V

IMPLEMENTING PROVISIONS

Article 23. Effectiveness of Implementation

1. This Decree takes effect from January 1, 2025, except for the cases stipulated in Clause 2 of this Article.

2. The provisions of Articles 9, 10, and 11 of this Decree take effect from July 1, 2025; the provisions of Article 7 of this Decree take effect from January 1, 2026.

3. Decree No. 79/2018/NĐ-CP dated May 16, 2018 of the Government detailing certain provisions and implementing measures of the Law on Management and Use of Military Firearms, Explosives, and Auxiliary Tools ceases to be effective from the date this Decree takes effect, except for the provisions of Articles 7, 8, 9, 10, and 11 which continue to be effective until June 30, 2025.

Article 24. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees, and relevant agencies, organizations, enterprises, and individuals are responsible for enforcing this Decree.