Ordinance No. 16/2011/UBTVQH12 on the Management and Use of Weapons, Explosive Materials, and Auxiliary Tools

ORDINANCE

Management and Use of Weapons, Explosives, and Auxiliary Tools

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Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 as amended and supplemented by Resolution number 51/2001/QH10;

Pursuant to Resolution No. 31/2009/QH12 on the Law and Decree Building Program for 2010 and Supplementing the Law and Decree Building Program of the National Assembly's Twelfth Term (2007-2011),

The Standing Committee of the National Assembly promulgates this Ordinance on the management and use of weapons, explosives, and auxiliary tools.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Ordinance stipulates the management and use of weapons, explosives, and auxiliary tools; the State’s responsibility for managing weapons, explosives, and auxiliary tools to protect national security and maintain public order and social safety.

Article 2. Applicability

This Ordinance applies to agencies, organizations, and individuals of Vietnam and foreign agencies, organizations, and international organizations residing, entering, exiting, transiting, and operating within the territory of the Socialist Republic of Vietnam; in cases where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise, such provisions shall apply.

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

1. Weapons include military weapons, hunting guns, crude weapons, sports weapons, and other types of weapons with similar functions and effects.

2. Military weapons include:

a) Small-caliber hand-held firearms are weapons designed for individual use including pistols, rifles, submachine guns, medium machine guns, and similar types of firearms;

b) Light weapons including machine guns, mortars under 100 millimeters (mm), automatic rifles, anti-aircraft machine guns under 23 millimeters (mm), grenade launchers, individual anti-tank missiles, shoulder-fired anti-aircraft missiles, and other light weapons with similar functions and effects;

c) Bombs, mines, grenades, ammunition, torpedoes, artillery pieces;

d) Weapons not included in the list of weapons issued by the Government but having similar functions and effects as military weapons.

3. Hunting guns are firearms used for hunting, including flintlock guns, air guns, and other types of guns with similar functions and effects.

4. Crude weapons include various types of knives, swords, spears, halberds, machetes, daggers, sabers, clubs, hammers, bows, and crossbows.

5. Sports weapons are firearms and crude weapons used for training and sports competitions.

6. Explosives include gunpowder and explosive accessories.

7. Military explosives are explosives used for defense and security purposes.

8. Industrial explosives are explosives used for industrial production, economic, and civilian purposes.

9. Auxiliary tools include:

a) Various types of firearms using plastic bullets, rubber bullets, tear gas, irritants, anesthetics, electromagnetic devices, lasers, signal flares, and ammunition for these firearms;

b) Various types of spray devices for tear gas, irritants, anesthetics, and itching agents;

c) Various types of smoke grenades, pepper spray grenades, and explosive grenades;

d) Various types of electric batons, rubber batons, metal batons, handcuffs, caltrops, barbed wire, bulletproof vests, electric gloves, knife-catching gloves, shields, and bulletproof helmets;

đ) Service animals.

Article 4. Principles for Equipping, Managing, and Using Weapons, Explosives, and Auxiliary Tools

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

2. Weapons, explosives, and auxiliary tools must meet technical standards and specifications as prescribed by law.

3. The person issuing orders or decisions to use weapons, explosives, or auxiliary tools shall be responsible for their orders and decisions.

4. Individuals using weapons, explosives, or auxiliary tools must be trained professionally and regularly tested for their skills in using them.

5. Weapons, explosives, and auxiliary tools must be used for their intended purposes and minimize harm to people, property, and the environment as much as possible.

6. Weapons, explosives, and auxiliary tools that have expired or are no longer usable must be disposed of or destroyed.

Article 5. Prohibited acts

1. Individuals owning weapons, except those specified in Clause 4 of Article 3 of this Ordinance.

2. Manufacturing, storing, transporting, using, buying, selling, importing, exporting, or seizing weapons, explosives, and auxiliary tools illegally.

3. Misusing weapons, explosives, or auxiliary tools to infringe upon health, lives; rights and legitimate interests of individuals, agencies, and organizations.

4. Destroying or intentionally damaging assigned weapons.

5. Transferring weapons, explosives, or auxiliary tools to agencies, organizations, or individuals who do not meet the required conditions and standards.

6. Giving, presenting, sending, lending, borrowing, renting, or mortgaging weapons, explosives, or auxiliary tools.

7. Bringing weapons, explosives, or auxiliary tools into or out of the territory of Vietnam illegally.

8. Transporting or storing weapons, explosives, or auxiliary tools without ensuring safety.

9. Trading, buying, forging, repairing, altering, lending, borrowing, renting, or mortgaging permits for producing, trading, transporting, or using weapons, explosives, or auxiliary tools.

10. Illegally buying, selling, giving, lending, renting, or mortgaging scrap or waste materials from weapons, explosives, or auxiliary tools.

11. Digging up or searching for weapons or explosives without permission from competent authorities.

12. Other acts violating regulations on the management and use of weapons, explosives, and auxiliary tools.

Article 6. Carrying Weapons and Auxiliary Tools In and Out of Vietnam in Special Cases

1. Foreign organizations and individuals may carry weapons and auxiliary tools from abroad into Vietnam to protect the head of state, deputy heads of state, legislative bodies, government, and other guests invited by the Central Committee of the Party.

2. Vietnamese organizations and individuals may carry weapons and auxiliary tools from Vietnam out of the country to protect the heads of Party and State agencies or for training, sports competitions, exhibitions, displays, sales presentations, and product introductions.

3. The Minister of Public Security shall stipulate the procedures, formalities, and issuance of permits for carrying weapons and auxiliary tools in and out of Vietnam for cases specified in Clause 1 and Clause 2 of this Article. The Minister of National Defense shall stipulate for cases under the programs and plans of the Ministry of National Defense.

Article 7. Responsibilities of Heads of Agencies and Organizations Equipped with and Using Weapons, Explosives, and Auxiliary Tools

1. Shall be responsible for managing and using weapons, explosives, and auxiliary tools.

2. Shall assign persons meeting the standards to manage and store weapons, explosives, and auxiliary tools as prescribed in Article 9 of this Ordinance.

3. Shall only hand over weapons to personnel within their agency or organization who meet the conditions and standards as prescribed in Article 14 of this Ordinance.

4. Shall arrange storage facilities for weapons, explosives, and auxiliary tools as prescribed in Article 10 of this Ordinance.

Article 8. Responsibilities of Persons Assigned Weapons, Explosives, and Auxiliary Tools

1. Shall use weapons, explosives, and auxiliary tools for the intended purpose and in accordance with regulations.

2. Shall properly store weapons, explosives, and auxiliary tools according to established procedures, ensuring safety, preventing loss and damage.

3. Shall return weapons, explosives, and auxiliary tools to the responsible managers after completing the assigned task or upon expiration of the assignment period.

4. When carrying or using weapons and auxiliary tools, must carry the usage permit as prescribed by law.

Article 9. Standards for Personnel Assigned to Manage Storage Facilities for Weapons, Explosives, and Auxiliary Tools

1. Personnel assigned to manage storage facilities for weapons, explosives, and auxiliary tools must meet the following criteria:

a) Good moral character and physical health suitable for the assigned work;

b) Hold a professional certificate in weapon management, explosives, and auxiliary tools, and a fire prevention and firefighting training certification;

c) Be thoroughly familiar with internal regulations, management systems, and storage procedures for weapons, explosives, and auxiliary tools.

2. The Minister of National Defense shall specify Clause 1 of this Article for the People's Army and Self-Defense Forces. The Minister of Public Security shall specify Clause 1 of this Article for the People's Police; shall take the lead and coordinate with Ministers and Heads of equivalent agencies to specify Clause 1 of this Article for other subjects.

Article 10. Management and Storage of Weapons, Explosives, and Auxiliary Tools

1. Weapons, explosives, and auxiliary tools must be strictly managed and stored in accordance with regulations.

2. Storage facilities for weapons, explosives, and auxiliary tools must be designed and constructed to technical and safety standards for fire and explosion prevention, and environmental protection as prescribed; must have internal rules, security plans, fire and explosion prevention plans, and safety equipment approved by the managing authority and relevant functional agencies.

3. The Minister of National Defense shall stipulate the storage of weapons, explosives, and auxiliary tools for the People's Army and Self-Defense Forces. The Minister of Public Security shall stipulate the storage of weapons, explosives, and auxiliary tools for other subjects.

Article 11. Surrendering, receiving, and handling weapons, explosives, and auxiliary tools.

Clause 1. Organizations and individuals must declare and surrender weapons, explosives, and auxiliary tools to the nearest military authority, police agency, or local government in the following cases:

Point a. Not belonging to the category of subjects permitted to be equipped or used according to the provisions of the law from any source;

Point b. Discovered or collected.

Clause 2. The military authority, police agency, or local government must immediately organize the receipt, collection, classification, storage, and handling of weapons, explosives, and auxiliary tools declared and surrendered by organizations and individuals.

Clause 3. Weapons, explosives, and auxiliary tools that are evidence or related to a case during the investigation phase shall be received and stored by the investigating agency. In the case where the investigation is suspended at the investigation stage, the investigating agency decides on the handling; if the case is suspended at the prosecution stage, the People's Procuratorate decides on the handling; if the case is at the trial stage, the Court or the Trial Council decides on the handling.

Clause 4. The Government shall stipulate the procedures, formalities, authorities, and funding for the receipt, collection, liquidation, and destruction of surrendered weapons, explosives, and auxiliary tools.

Chapter II

MANAGEMENT AND USE OF WEAPONS

Article 12. Research, manufacture, production, and repair of weapons.

Clause 1. The research, manufacture, production, and repair of weapons shall be carried out in accordance with the provisions of the law on national defense industry.

Clause 2. The research, manufacture, production, and repair of weapons at facilities and enterprises under the Ministry of Public Security shall be implemented in accordance with the regulations of the Government.

Article 13. Subjects entitled to be equipped with military weapons.

Point 1. The People's Army.

Point 2. The People's Public Security Force.

Point 3. Self-defense Militia.

Point 4. Forest Rangers, specialized anti-smuggling forces of Customs, and border Customs units.

Article 14. Standards for weapon users.

Clause 1. Individuals using weapons must meet the following standards:

Point a. Having good moral character and ethics;

Point b. Having appropriate health;

Point c. Being trained professionally and regularly tested for weapon usage skills.

Clause 2. For individuals using weapons who are not part of the armed forces, in addition to the standards set forth in Clause 1 of this Article, they must obtain a certificate for weapon use issued by the competent authority.

Article 15. Procedures for equipping military weapons.

Clause 1. The procedures for equipping military weapons for subjects under the People's Army and Self-defense Militia shall be carried out in accordance with the regulations of the Minister of National Defense.

Clause 2. The procedures for equipping military weapons for subjects not within the jurisdiction of the Ministry of National Defense shall be as follows:

Point a. The request for equipping military weapons must clearly state the needs, conditions, quantities, and types of weapons already equipped, and the quantities and types of new weapons needed for the agency, organization, or unit. The request is signed by the head of the ministry or sector if the agency, organization, or unit requires equipment at the central level, or by the head of the provincial or municipal sector if the agency, organization, or unit requires equipment at the local level;

Point b. Requests for equipping military weapons from central ministries and sectors shall be sent to the Ministry of Public Security. Requests for equipping military weapons from provincial or municipal sectors shall be sent to the Provincial or Municipal Public Security Agency; upon receipt of the request for equipping military weapons, the Provincial or Municipal Public Security Agency shall examine and report to the Ministry of Public Security for decision;

Point c. Within ten working days from the date of receipt of the request for equipping military weapons, the Ministry of Public Security must issue a permit for equipping, provide an introduction letter, and guide the agency, organization, or unit to be equipped to complete the supply and transfer procedures or transfer to the Ministry of National Defense for examination and decision on supply and transfer; in the case of disagreement with equipping, a reply letter must be issued stating the reasons.

Article 16. Issuance and Revocation of Permits for the Use of Military Weapons

1. The procedures for issuing and revoking permits for the use of military weapons for subjects under the People's Army, Militia Self-Defense Forces shall be carried out in accordance with the regulations of the Minister of National Defense.

2. The procedures for issuing and revoking permits for the use of military weapons for subjects not within the management scope of the Ministry of National Defense shall be implemented as follows:

a) Within ten working days from the date of being provided or transferred military weapons, the agency, organization, or unit equipped must complete the procedures to request issuance of a permit for the use of military weapons. The application dossier for the permit for the use of military weapons includes the application for issuance of a permit for the use of military weapons from the agency, organization, or unit equipped; the permit for equipping military weapons issued by the Ministry of Public Security; the invoice and warehouse release form of the providing or transferring agency, detailing the quantity, type, serial number, and code of each military weapon; the introduction letter and Identity Card or Police Officer Identity Card of the person sent by the agency, organization, or unit to handle the procedures;

b) Central agencies, organizations, or units equipped with military weapons submit the application dossier for the permit for the use of military weapons to the Ministry of Public Security. Local agencies, organizations, or units equipped with military weapons submit the application dossier for the permit for the use of military weapons to the Provincial Police Department or Municipal Police Department directly under the Central Government;

c) Within ten working days from the date of receiving the application dossier, the competent police authority must examine and issue the permit for the use of military weapons to the agency, organization, or unit equipped;

d) The permit for the use of military weapons has a validity period of five years and is only issued to agencies, organizations, or units equipped; the permit for the use of military weapons expires, is lost, can be reissued, if damaged it can be exchanged, and will be revoked when the agencies, organizations, or units are dissolved.

Article 17. Subjects Equipped with Sports Weapons

1. Units under the People's Army, Public Security Force, Militia Self-Defense Forces

2. Clubs, schools, training centers for sports training.

3. National Defense and Security Education Centers.

4. Other organizations that have the need to equip sports weapons for training and sports competitions, established and permitted to operate by state authorities with competent jurisdiction.

Article 18. Procedures for Equipping Sports Weapons

1. The application dossier for equipping sports weapons includes:

a) Decision on establishment of the organization or unit by the state authority with competent jurisdiction; for sports facilities operating under enterprise models, they must have a business registration certificate;

b) Application for equipping sports weapons from the organization or unit specified in Articles 17(1), (2), and (3) of this Ordinance must be approved by the direct managing authority, specifying the quantity and types of sports weapons already equipped and those needed to be additionally equipped.

For organizations specified in Article 17(4) of this Ordinance, the application must clearly state the needs, purposes, quantities, and types of sports weapons required to be equipped, and must obtain the consent of the superior supervisory authority.

2. Place to submit the application dossier for equipping sports weapons:

a) Organizations or units at the local level requesting to equip sports weapons must submit the application dossier for equipping sports weapons to the People's Committee of the province or centrally-administered city. Within ten working days from the date of receipt of the application dossier for equipping sports weapons, the People's Committee of the province or centrally-administered city is responsible for examining and reporting to the Ministry of Culture, Sports and Tourism;

b) Organizations or units at the central level requesting to equip sports weapons must submit the application dossier for equipping sports weapons to the Ministry of Culture, Sports and Tourism.

3. Within ten working days from the date of receipt of the report recommending the equipping of sports weapons from the People's Committee of the province or centrally-administered city and the application dossier for equipping sports weapons from central-level organizations or units, the Ministry of Culture, Sports and Tourism must examine and decide to approve the equipping of sports weapons, specifying the quantity, type, code, and serial number of each sports weapon; in cases where approval is not granted, a written response must be provided, stating the reasons.

Article 19. Issuance and Revocation of Permits for the Use of Sporting Weapons

1. The procedures for issuing and revoking permits for the use of sporting weapons for subjects under the management of the People's Army and Self-Defense Militia shall be carried out in accordance with the regulations of the Minister of National Defense.

2. The procedures for issuing and revoking permits for the use of sporting weapons for subjects not under the management of the Ministry of National Defense shall be implemented as follows:

a) Within ten working days from the date of receiving sporting weapons, organizations and units equipped must complete the procedures to request issuance of a permit for the use of sporting weapons. The application dossier for the issuance of a permit for the use of sporting weapons includes the organization or unit’s written request for issuance of a permit for the use of sporting weapons; the decision of the Minister of Culture, Sports and Tourism allowing the provision of sporting weapons; proof of legitimate origin of the sporting weapons; an introduction letter and Identity Card or Public Security Identity Card of the person sent by the organization or unit to handle the procedures;

b) Central organizations and units equipped with sporting weapons submit the application dossier for the issuance of a permit for the use of sporting weapons to the Ministry of Public Security; local organizations and units equipped with sporting weapons submit the application dossier for the issuance of a permit for the use of sporting weapons to the provincial or centrally-administered city police department;

c) Within ten working days from the date of receipt of the application dossier, the competent police authority must examine and issue a permit for the use of sporting weapons to the organization or unit equipped;

d) The permit for the use of sporting weapons has a validity period of five years and is only issued to organizations and units equipped; if the permit for the use of sporting weapons expires, is lost, or is damaged, it will be reissued or replaced; the permit will be revoked when the organization or unit is dissolved.

Article 20. Importation of Military Weapons and Sporting Weapons

1. The importation of military weapons and sporting weapons must be based on needs and usage purposes. Imported military weapons and sporting weapons must meet technical requirements, have serial numbers, markings, types, and the name of the producing country and year of production.

2. Authority to decide on the importation of military weapons and sporting weapons:

a) The Prime Minister decides on the importation of military weapons for equipping the People's Army and Self-Defense Militia upon the proposal of the Minister of National Defense;

b) The Prime Minister decides on the importation of military weapons for equipping other subjects upon the proposal of the Minister of Public Security;

c) The Prime Minister decides on the importation of sporting weapons upon the proposal of the Minister of Culture, Sports and Tourism after reaching consensus with the Minister of National Defense and the Minister of Public Security.

Article 21. Transporting Military Weapons and Sporting Weapons

1. The transportation of military weapons and sporting weapons shall be carried out according to the following provisions:

a) There must be a marching order, transport order, or permit for transporting military weapons and sporting weapons issued by the competent authority;

b) Ensure secrecy and safety;

c) Large quantities or dangerous types of weapons must be transported using specialized means;

d) Military weapons and sporting weapons may not be transported together with passengers on the same vehicle, except for those responsible for the transportation;

đ) Vehicles must not stop or park in crowded areas, residential zones, or places with important defense, security, economic, cultural, or diplomatic facilities.

In case of overnight rest or due to accidents, when there is insufficient security force, immediate notification must be made to the nearest military or police authority for coordination in providing protection.

2. The Minister of National Defense shall stipulate the application dossier, procedure, and process for issuing marching orders and transport orders for military weapons and sporting weapons for subjects under the management of the People's Army and Self-Defense Militia.

3. The competent police authority shall issue permits for the transportation of military weapons and sporting weapons for subjects not under the management of the Ministry of National Defense according to the following procedures:

a) The application dossier for the issuance of a permit for the transportation of military weapons and sporting weapons includes the requesting agency, organization, or unit’s written request specifying the quantity and type of military weapons and sporting weapons to be transported; departure point, destination, time, and route of transportation; full name and address of the person responsible for transportation and the driver; vehicle license plate number; an introduction letter and Identity Card or Public Security Identity Card of the person sent by the agency, organization, or unit to handle the procedures;

b) Central agencies, organizations, and units submit the application dossier for the issuance of a permit for the transportation of military weapons and sporting weapons to the Ministry of Public Security. Local agencies, organizations, and units submit the application dossier for the issuance of a permit for the transportation of military weapons and sporting weapons to the provincial or centrally-administered city police department;

c) Within five working days from the date of receipt of the application dossier, the competent police authority must examine and issue a transportation permit to the requesting agency, organization, or unit; if the permit is not issued, a written response must be provided, stating the reasons.

Article 22. Rules on firing firearms

1. When performing tasks to protect national security, the firing of firearms by the People's Army, Self-Defense Militia shall be carried out in accordance with the regulations of the Minister of National Defense, and the firing of firearms by the People's Public Security shall be carried out in accordance with the regulations of the Minister of Public Security.

2. When carrying out tasks to ensure security and order in an organized manner, firing firearms must follow the orders of those authorized. When carrying out independent tasks, firing firearms must adhere to the following principles:

a) Must base decisions to fire firearms on each specific situation, the nature, and the level of danger posed by the actions of the subject.

b) Only fire when there is no other means available to stop the subject's actions, and after warning but the subject does not comply. If failing to fire in a timely manner will directly threaten the life or health of oneself or others, or may cause particularly serious consequences, then immediate firing is permitted.

c) Do not fire at a subject known to be a woman, disabled person, or child, unless these individuals are using weapons or explosives to attack or resist, threatening the lives or health of law enforcement officers or others.

d) In all cases of firing, the firearm user must minimize damage caused by the firing.

3. Situations where firing is allowed include:

a) The subject is directly using force, weapons, or explosives to threaten the lives of law enforcement officers or others.

b) The subject is using weapons or explosives to attack or threaten the safety of important facilities related to national security or protected targets as prescribed by law.

c) The subject is attempting to seize firearms from law enforcement officers.

d) The subject is using weapons to disrupt public order, potentially causing very serious or particularly serious consequences.

d) The subject is freeing someone who has been detained or escorted due to committing a particularly serious crime or dangerous recidivism; or someone who has been detained, held, escorted, or taken into custody for a particularly serious crime is fleeing or resisting.

e) Permission to shoot at motor vehicles or inland waterway vessels to stop them in the following situations, except for vehicles of diplomatic missions, consular offices of foreign countries, or international organization representative offices:

The subject controlling the vehicle is attacking or directly threatening the lives of law enforcement officers or others.

When it is known that the vehicle is being deliberately driven away by a criminal suspect, except when the vehicle carries passengers or hostages.

When it is known that the vehicle being deliberately driven away contains a criminal suspect, illegal weapons or explosives, subversive documents, state secrets, large quantities of narcotics, extremely rare valuable property, or national treasures, except when the vehicle carries passengers or hostages.

Animals that are threatening the lives and health of law enforcement officers or others.

4. Those assigned to use firearms are not liable for damages if the firing complies with the provisions of this Article and relevant laws.

Article 23. Subjects to be equipped with crude weapons

1. The subjects specified in Articles 13 and 17 of this Ordinance.

2. Inspection teams of market management forces; specialized protection units of agencies, organizations, enterprises, and security service enterprises; civil enforcement agencies.

3. Other subjects as prescribed by law.

4. The Minister of National Defense shall prescribe the equipping of crude weapons for the People's Army and Self-Defense Militia. The Minister of Public Security shall prescribe the equipping of crude weapons for the People's Police and other subjects, taking the lead in coordinating with the Ministers and Heads of equivalent ministries and agencies concerned.

Article 24. Use of Crude Weapons

1. The use of crude weapons when performing tasks to protect national security and maintain public order and social safety, protecting the lives, health of individuals, and property of the State, collectives, and individuals, and for justifiable self-defense must ensure safety, appropriate targets, and purposes.

2. The Minister of National Defense shall prescribe the use of crude weapons for subjects belonging to the People's Army and Self-Defense Militia. The Minister of Public Security shall prescribe the use of crude weapons for subjects belonging to the People's Police and other subjects.

Chapter III

MANAGEMENT AND USE OF EXPLOSIVE MATERIALS

Article 25. Research, Production, and Trading of Explosive Materials

1. The research and production of military explosive materials shall be carried out in accordance with the provisions of the law on national defense industry.

2. The research of industrial explosive materials shall be carried out according to the following provisions:

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

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

3. The production of industrial explosive materials shall be carried out according to the following provisions:

b) Product types and production scale must align with the planning for the development of industrial explosive materials and meet quality and technical safety standards;

c) Factories and warehouses storing industrial explosive materials must ensure conditions for security and order, maintaining safe distances from protected structures and objects. Factories and warehouses, along with production-related equipment and transportation means, must be designed and constructed appropriately, meeting requirements for fire prevention and extinguishing, explosion prevention, lightning protection, static electricity control, safety, and environmental protection;

d) Managers, workers, and related personnel involved in the production of industrial explosive materials must meet security and order requirements, possess relevant expertise, and be trained in technical safety, fire prevention and extinguishing, and emergency response in activities related to the production of industrial explosive materials;

e) Industrial explosive material products must bear marks indicating the place of manufacture, year of manufacture, and expiration date.

4. Trading of Industrial Explosive Materials Shall Be Carried Out According to the Following Provisions:

b) Warehousing locations, ports, and reception/delivery points for industrial explosive materials must ensure conditions for security and order, maintaining safe distances from protected structures and objects;

c) Warehouses, loading/unloading equipment, transportation vehicles, and tools serving trade must be designed and constructed appropriately, meeting requirements for the storage and transportation of industrial explosive materials, fire prevention and extinguishing;

d) Managers, workers, and related personnel involved in the trading of industrial explosive materials must meet security and order requirements, possess relevant expertise, and be trained in technical safety, fire prevention and extinguishing, and emergency response in activities related to the trading of industrial explosive materials;

đ) Industrial explosive material trading organizations may only sell industrial explosive materials listed in the Vietnamese Explosive Material Catalogue to organizations with permission to use industrial explosive materials; they must purchase surplus industrial explosive materials not used up by permitted organizations;

Article 26. Transport of Industrial Explosives

1. Organizations and units transporting industrial explosives must meet the following conditions:

a) Be a business registered to operate cargo transportation or an organization/unit permitted to produce, trade, or use industrial explosives;

b) Have means of transport meeting the technical safety standards and regulations for the transport of industrial explosives;

c) Meet fire prevention and firefighting safety requirements;

d) Managers, drivers, escorts, and other personnel involved in the transport of industrial explosives must meet security and public order requirements; have professional qualifications corresponding to their positions and responsibilities, and be trained in fire prevention and firefighting;

đ) Possess a permit for the transport of industrial explosives or an order for the transport of industrial explosives;

e) 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) Strictly follow the contents recorded in the transport order or permit for industrial explosives;

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

c) Have plans to ensure safe, secure, orderly transport, fire prevention, and firefighting; have measures to respond to emergencies;

d) Fully complete procedures for receiving and delivering goods and documents related to industrial explosives;

đ) Not stop or park vehicles in crowded areas, residential zones, near fuel stations, or places of significant defense, security, economic, cultural, or diplomatic importance; do not transport during abnormal weather conditions. In case of overnight stays or due to incidents, immediately inform the nearest military or police authority for coordinated protection.

3. The application dossier for a transport permit for industrial explosives includes:

a) A request for a permit specifying the reasons, quantity of explosives, origin, destination, time, and route of transport; name and address of the person responsible for transport, driver; license plate number of the vehicle;

b) Certified copies from the original business registration certificate, certificate of compliance with security and public order conditions for producing, trading, or using industrial explosives of the organization or unit;

c) An introduction letter from the person designated by the organization or unit to handle the application, accompanied by one of the following documents: Identity Card, Military ID, Police ID, or a certificate according to the regulations of the Minister of Public Security or the Minister of National Defense.

4. Within three working days from the date of receipt of the complete application dossier, the competent authority issuing the transport permit for industrial explosives must review and issue the transport permit for industrial explosives; if the permit is not issued, a written response stating the reasons must be provided.

5. The Minister of National Defense shall stipulate the issuance, revocation, and suspension of the issuance of transport permits for industrial explosives for entities under the management of the Ministry of National Defense. The Minister of Public Security shall stipulate the issuance, revocation, and suspension of the issuance of transport permits for industrial explosives for entities not under the management of the Ministry of National Defense.

Article 27. Use of industrial explosives.

1. Organizations and units using industrial explosives must meet the following conditions:

a) Established in accordance with the provisions of the law, registered to operate in industries or fields requiring the use of industrial explosives;

b) Engaged in mineral extraction, oil and gas exploitation, construction projects, research, or testing activities that require the use of industrial explosives;

c) Possess storage facilities, technology, equipment, means, and tools for the use of industrial explosives that comply with technical standards and regulations;

d) The location for using industrial explosives must ensure security and public order conditions;

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

a) They may only purchase industrial explosives listed in the Vietnamese Explosives Catalog from legitimate explosive trading organizations;

b) Excess or unused industrial explosives must be resold to legitimate explosive trading organizations;

c) Appoint a blasting supervisor and fully implement technical safety standards and regulations when conducting blasting operations;

d) Have a blasting design and plan approved by the blasting permit issuing authority and permitted by the People's Committee of the province or centrally governed city, which is suitable for the scale of production, including measures to ensure safety during blasting, monitoring consumption and destruction of industrial explosives before and after blasting.

3. The Government shall stipulate the issuance of permits for the use, supervision of consumption, and destruction of industrial explosives before and after blasting.

Article 28. Transport of military explosives.

1. The transport of military explosives shall be carried out according to the following provisions:

a) Must have a mobilization order, transportation order, or transportation permit issued by the competent authority;

b) Ensure secrecy and safety;

c) Large quantities or dangerous types of weapons must be transported using specialized means;

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

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

2. The Minister of National Defense shall specify the documentation, procedures, and formalities for issuing mobilization orders and transportation orders for military explosives for entities under the management of the Ministry of National Defense. The Minister of Public Security shall specify the documentation, procedures, and formalities for issuing transportation permits for military explosives for entities under the management of the Ministry of Public Security.

Chapter IV

MANAGEMENT AND USE OF SUPPORT TOOLS

Article 29. Research, manufacture, production, repair of support tools.

1. Research, manufacture, production, and repair of various types of support tools shall be conducted in establishments and enterprises under the Ministry of Public Security and the Ministry of National Defense.

2. If establishments and enterprises of the Ministry of Public Security and the Ministry of National Defense cannot ensure research, production, or repair, they may conduct these activities through bidding or ordering from establishments and enterprises meeting the conditions stipulated by the Government.

3. Domestic-produced support tools must be marked with serial numbers, seals, country of production, production establishment, year of production, expiration date, and type.

4. The Minister of Public Security and the Minister of National Defense shall specify detailed management regulations for establishments engaged in research, manufacture, production, and repair of support tools.

Article 30. Subjects to be equipped with support tools

1. Support tools shall be provided to subjects as prescribed by law.

2. Other subjects requiring support tools shall be based on their nature and mission requirements, the Minister of Public Security shall take the lead in coordinating with the Ministers and Heads of equivalent agencies to submit proposals.

3. The Minister of National Defense shall stipulate the provision of support tools for the People's Army and Self-Defense Forces. The Minister of Public Security shall stipulate the provision of support tools for public security personnel; take the lead in coordinating with the Ministers and Heads of equivalent agencies to stipulate the provision of support tools for other subjects.

Article 31. Transporting support tools

1. The transportation of support tools must ensure safety in accordance with the regulations of the Minister of National Defense and the Minister of Public Security.

2. The transportation of large quantities or dangerous types of support tools shall be carried out in accordance with the following provisions:

a) There must be a military order, transport order, or transport permit issued by the competent authority as prescribed by the Minister of National Defense and the Minister of Public Security;

b) Ensure secrecy and safety;

c) Specialized means of transport must be used;

d) Support tools and passengers may not be transported on the same vehicle, except for those responsible for the transport;

đ) Vehicles must not stop or park in crowded areas, residential zones, or near important defense, security, economic, cultural, or diplomatic facilities. In case of overnight stays or long stops due to emergencies on the road, when there is insufficient security force, immediate notification must be made to the nearest military or police agency for joint protection.

Article 32. Importing, exporting, and trading in support tools

1. The importation, exportation, and trading of support tools shall be conducted by enterprises under the Ministry of Public Security, the Ministry of National Defense, and organizations and enterprises that meet the conditions as prescribed by

2. Imported, exported, and traded support tools must comply with technical standards and specifications; the name of the producing country, production facility, year of production, expiration date, type, and serial number must be marked on each tool.

Based on the annual needs of the subjects specified in Clause 1 and Clause 2 of Article 30 of this Ordinance, the Minister of National Defense shall decide on the importation of support tools for equipping the People's Army and Self-Defense Forces; the Minister of Public Security shall decide on the importation of support tools for subjects outside the jurisdiction of the Ministry of National Defense. Exporting support tools shall be reviewed and decided upon by the Ministers of National Defense and Public Security.

3. Trading in support tools:

a) Enterprises, organizations engaged in trading support tools must ensure conditions related to security and public order;

b) They may only sell support tools to subjects entitled to be equipped with support tools as prescribed by this Ordinance.

Article 33. Using support tools

1. Persons assigned support tools for official duties may use them in the following cases:

a) Cases prescribed in Clause 3 of Article 22 of this Ordinance;

b) To prevent individuals from directly threatening the lives or health of others;

c) To arrest persons in accordance with the law;

d) To implement lawful self-defense measures.

2. The Minister of Public Security shall stipulate the use of support tools for each type of tool.

Chapter V

STATE MANAGEMENT OF WEAPONS, EXPLOSIVE MATERIALS, AND SUPPORT TOOLS

Article 34. Contents of State Management over Weapons, Explosives, and Auxiliary Tools

1. Issuing and implementing regulatory legal documents on the management and use of weapons, explosives, and auxiliary tools.

2. Organizing organizational structures, training, and enhancing knowledge regarding the management and use of weapons, explosives, and auxiliary tools.

3. Issuing, amending, supplementing, and announcing lists of weapons, explosives, and auxiliary tools.

4. Establishing technical standards and norms for weapons, explosives, and auxiliary tools; storage facility standards for weapons, explosives, and auxiliary tools.

5. Organizing registration, issuance, renewal, and revocation of various permits in the management and use of weapons, explosives, and auxiliary tools.

6. Organizing efforts to combat violations of laws related to the management and use of weapons, explosives, and auxiliary tools.

7. Organizing research and application of science and technology in the management and use of weapons, explosives, and auxiliary tools.

8. Conducting national statistics on weapons, explosives, and auxiliary tools.

9. Promoting, disseminating, and educating about laws on the management of weapons, explosives, and auxiliary tools.

10. International cooperation in the management and use of weapons, explosives, and auxiliary tools.

11. Inspecting, auditing, resolving complaints and denunciations; rewarding and handling violations of laws related to the management and use of weapons, explosives, and auxiliary tools.

Article 35. Responsibilities for State Management over Weapons, Explosives, and Auxiliary Tools

1. The Government shall uniformly manage state affairs concerning weapons, explosives, and auxiliary tools.

2. The Ministry of Public Security, the Ministry of National Defense, and the Ministry of Industry and Trade shall perform their functions in managing state affairs concerning weapons, explosives, and auxiliary tools according to this Ordinance and the division of labor by the Government.

3. Ministries and agencies at the level of ministries within their respective tasks and authorities, and according to the division of labor by the Government, shall be responsible for performing state management over weapons, explosives, and auxiliary tools.

4. People's Committees at all levels within their respective tasks and authorities shall organize the implementation of state management over weapons, explosives, and auxiliary tools in localities.

Article 36. Handling Violations

1. In cases where there is evidence that weapons, explosives, or auxiliary tools are being concealed or stored illegally on a person or means of transport, competent forces executing official duties must inspect, control, seize, temporarily detain individuals or means of transport for handling according to the provisions of the law.

2. Organizations, entities, or individuals who violate the provisions of this Ordinance and other relevant laws concerning the management and use of weapons, explosives, and auxiliary tools shall be subject to administrative penalties depending on the nature and degree of violation; if damage is caused, compensation must be provided; violators may also be criminally prosecuted according to the law.

3. Organizations, entities, or individuals who cover up for those violating laws on the management and use of weapons, explosives, and auxiliary tools, or who fail to fulfill their responsibilities in the management and use of weapons, explosives, and auxiliary tools causing serious consequences shall be subject to administrative penalties depending on the nature and degree of violation; if damage is caused, compensation must be provided; violators may also be disciplined or criminally prosecuted according to the law.

Chapter VI

IMPLEMENTING PROVISIONS

Article 37. Effective Date

This Ordinance takes effect from January 1, 2012.

Article 38. Detailed regulations and guidance on implementation

The Government shall issue detailed regulations and provide guidance on the implementation of the provisions assigned in this Ordinance; provide guidance on other necessary contents of this Ordinance to meet the requirements of state administration./.