Circular No. 16/2018/TT-BCA detailing certain provisions of the Law on Management and Use of Weapons, Explosives, and Auxiliary Equipment

CIRCULAR

Providing detailed regulations on certain provisions of the Law on Management,

use of firearms, explosives, and auxiliary tools,

Pursuant to the Law on Management and Use of Weapons, Explosives, and Supporting Tools dated June 20, 2017;

Pursuant to Decree No. 106/2014/NĐ-CP dated November 17, 2014, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Director of the General Police Department;

The Minister of Public Security promulgates this Circular providing detailed regulations on certain provisions of the Law on Management, use of firearms, explosives, and auxiliary tools.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular provides detailed regulations on certain provisions of the Law on Management, use of firearms, explosives, and auxiliary tools, including: authority to decide on the quantity and types of firearms and auxiliary tools permitted to be brought into and out of the territory of the Socialist Republic of Vietnam; issuance of permits and certificates for firearms, explosives, explosive precursors, auxiliary tools, and notifications confirming declarations of crude weapons; list of sports firearms and auxiliary tools; research, manufacture, production, storage, and use of military explosives; training, management, and use of service animals; classification, storage, disposal, and destruction of military firearms, explosives, and auxiliary tools; establishment, management, updating, and exploitation of the Database on firearms, explosives, explosive precursors, and auxiliary tools; inspection, statistics, reporting, and responsibilities of public security units and localities.

2. This Circular does not regulate the equipping, management, and use of firearms, explosives, explosive precursors, and auxiliary tools within the purview of the Ministry of National Defense.

Article 2. Authority to decide on the quantity and types of firearms and auxiliary tools permitted to be brought into and out of the territory of the Socialist Republic of Vietnam

1. The Director of the Administrative Police Department for Social Order shall decide on the quantity and types of firearms and auxiliary tools permitted to be brought into and out of the territory of the Socialist Republic of Vietnam for training, competition, exhibition, display, promotion, product introduction, and use as props in cultural and artistic activities.

2. The competent authority assigned by the Minister of Public Security to establish programs and plans pursuant to point c, Clause 1, and point c, Clause 2, Article 12 of the Law on Management, use of firearms, explosives, and auxiliary tools must submit a dossier seeking the opinion of the Administrative Police Department for Social Order and related units of the Ministry of Public Security before submitting to the Minister of Public Security for consideration and decision on the quantity and types of firearms and auxiliary tools to be brought into and out of the territory of the Socialist Republic of Vietnam according to the program and plan of the Ministry of Public Security.

Issuance, renewal, and reissuance of permits and certificates regarding firearms, explosives, explosive precursors, auxiliary tools, notifications confirming declarations of crude weapons

1. The Director of the Administrative Police Department for Social Order has the authority to issue, renew, and reissue permits and certificates regarding firearms, explosives, explosive precursors, auxiliary tools, and notifications confirming declarations of crude weapons to agencies, organizations, enterprises under central ministries and sectors, and enterprises certified by the Administrative Police Department for Social Order with a Certificate of Adequate Conditions for Security and Order, including:

a) Permits for equipping, using, purchasing, carrying, transporting, repairing, exporting, and importing firearms;

b) Permits for operating, equipping, using, purchasing, carrying, transporting, repairing, exporting, and importing auxiliary tools;

c) Certificates of registration for auxiliary tools;

d) Permits for transporting military explosives;

đ) Permits for transporting industrial explosives and explosive precursors in cases of transit, export, and import;

e) Notifications confirming declarations of crude weapons.

2. The Head of the Administrative Police Department for Social Order of provincial-level police forces (hereinafter referred to as the Head of the Administrative Police Department for Social Order of provincial-level police forces) has the authority to issue, renew, and reissue permits and certificates regarding firearms, explosives, explosive precursors, auxiliary tools, and notifications confirming declarations of crude weapons to agencies, organizations, enterprises at the local level, and enterprises certified by the Administrative Police Department for Social Order with a Certificate of Adequate Conditions for Security and Order, including:

a) Permits for equipping, using, and transporting firearms;

b) Permits for equipping, using, and transporting auxiliary tools;

c) Permits for transporting military explosives;

d) Permits for transporting industrial explosives and explosive precursors in cases of production, operation, and use domestically. In cases where the receiving warehouse does not issue a permit for transporting industrial explosives and explosive precursors, the Head of the Administrative Police Department for Social Order at the location of the receiving warehouse shall confirm on the Registration Form for Receiving Industrial Explosives and Explosive Precursors;

đ) Certificates of registration for auxiliary tools;

e) Notifications confirming declarations of crude weapons.

3. The Chief of the Police Station of the commune, ward, town has the authority to issue Notifications confirming declarations of crude weapons to collectives and individuals owning crude weapons used as exhibits for display, exhibition, and family heirlooms.

4. Submission of applications for issuance, renewal, and reissuance of permits and certificates regarding firearms, explosives, explosive precursors, auxiliary tools, and notifications confirming declarations of crude weapons:

a) Agencies, organizations, enterprises under central ministries and sectors, and enterprises certified by the Administrative Police Department for Social Order with a Certificate of Adequate Conditions for Security and Order shall submit applications for issuance, renewal, and reissuance of permits and certificates regarding firearms, explosives, explosive precursors, auxiliary tools, and notifications confirming declarations of crude weapons to the Administrative Police Department for Social Order;

b) Agencies, organizations, enterprises at the local level, and enterprises certified by the Administrative Police Department for Social Order of provincial-level police forces with a Certificate of Adequate Conditions for Security and Order shall submit applications for issuance, renewal, and reissuance of permits and certificates regarding firearms, explosives, explosive precursors, auxiliary tools, and notifications confirming declarations of crude weapons to the Administrative Police Department for Social Order of provincial-level police forces.

c) A collective or individual who owns primitive weapons used as exhibits for display or exhibition, or as heirlooms, shall submit an application to declare and report on primitive weapons to the police station at the place where their office is located or where they reside.

Article 4. List of sports firearms and auxiliary tools

1. The list of sports firearms and auxiliary tools, including:

a) Appendix 1: List of sports firearms;

b) Appendix 2: List of auxiliary tools.

2. Based on the management requirements during each period, the Administrative Police Department shall be responsible for coordinating with relevant units to review, examine, and report to the Minister of Public Security for consideration and decision to amend and supplement the list of sports firearms and auxiliary tools.

In cases where sports firearms and auxiliary tools not included in the list prescribed in Clause 1 of this Article are imported, a report must be submitted to the Minister of Public Security for examination and decision.

Chapter II

SPECIFIC PROVISIONS

Section 1

RESEARCH, PRODUCTION,

STORAGE, USE OF MILITARY EXPLOSIVE MATERIALS

Article 5. Research, production of military explosive materials

1. Organizations and enterprises under the Ministry of Public Security conducting research, production of military explosive materials must comply with the provisions stipulated in Clause 2 of Article 35 of the Law on Management and Use of Weapons, Explosive Materials, and Auxiliary Tools.

2. Research, production of military explosive materials must ensure requirements related to security, public order, fire prevention and fighting, accident prevention and response, and environmental protection, specifically as follows:

a) Having internal regulations for entry and exit from the organization or enterprise, plans to ensure security and public order; controlling means of transport, items, goods entering and exiting the organization or enterprise; organizing security forces;

b) Having internal regulations, fully equipping means, organizing forces, inspecting fire safety, building fire-fighting plans for the premises; organizing drills for accident response plans and measures to ensure fire safety according to regulations;

c) Implementing measures to minimize, collect, and handle raw materials, waste, and pollution at the source; preventing leakage and harmful emissions into the environment; ensuring resources and equipment to meet the capacity for accident prevention and response.

3. The location for producing military explosive materials must meet requirements related to security, public order, fire prevention and fighting, and environmental protection; ensuring safe distances from residential areas, cultural, social, historical sites, protected zones, restricted areas, and prohibited zones.

4. Organizations and enterprises must have appropriate measuring instruments to check and monitor technical parameters and serve quality control of raw materials and finished products during production; establishing a management system and technical safety organization directly led and directed by the commander, assigning personnel with sufficient qualifications and experience to be responsible for technical safety work at each high-risk position and location prone to accidents and explosions.

5. Personnel managing organizations and enterprises must be trained in military explosive material management, technical safety, fire prevention and fighting, rescue operations, accident prevention and response during the production of military explosive materials.

6. Direct workers involved in the production of military explosive materials must have the appropriate professional qualifications for their positions and tasks and be trained in technical safety, fire prevention and fighting, rescue operations, accident prevention and response, and occupational safety and health.

7. Military explosive materials produced before being put into use must undergo testing and evaluation to meet current standards and technical safety requirements.

8. Organizations and enterprises producing military explosive materials must implement classification and labeling of products in accordance with the provisions of the law.

Article 6. Storage and Use of Military Explosives

1. Military explosives must be stored in warehouses constructed and designed according to technical standards and regulations. The storage of military explosives shall be carried out in accordance with the provisions of the Minister of Public Security on the storage of goods in People's Police warehouses.

2. The use of military explosives shall be implemented in accordance with the following provisions:

a) Having equipment, means, and tools to serve the activities of using military explosives;

b) Ensuring security, public order, fire prevention and extinguishing, and environmental protection in accordance with regulations;

c) Delivering military explosives only to persons who meet the conditions stipulated in Clause 1, Article 7 of the Law on Management and Use of Weapons, Explosives, and Auxiliary Tools;

d) When using military explosives, it must be reviewed and decided by the unit head and recorded in files and registers.

Article 7. Responsibilities of Agencies, Organizations, and Enterprises in Research, Manufacturing, Production, Storage, and Use of Military Explosives

1. Implementing and maintaining throughout the process of research, manufacturing, production, storage, and use of military explosives the requirements stipulated in Articles 5 and 6 of this Circular.

2. Storing and archiving documents related to the manufacture, production, storage, and use of military explosives in accordance with the file management system.

3. Annually and every six months, agencies, organizations, and enterprises assigned to conduct research, manufacture, produce, store, and use military explosives have the responsibility to report to the Administrative Management Police Department about their work on researching, manufacturing, producing, and storing military explosives for consolidation and reporting to the leadership of the Ministry of Public Security.

Section 2

TRAINING, MANAGEMENT AND USE OF WORK ANIMALS

Article 8. Training of Work Animals

1. The training of work animals shall be conducted by functional units of the Ministry of Public Security assigned by the Minister of Public Security.

2. Training units for work animals must have dedicated staff, facilities, equipment, means, and training content and programs, specifically:

a) Staff assigned to train work animals must hold certificates on the management, training, and use of work animals as prescribed;

b) Facilities, equipment, and means serving the breeding and training of work animals must comply with standards and quotas approved by the Minister of Public Security;

c) Training content and programs for work animals must be developed in accordance with the purpose of training for each specialized field.

Training units for work animals are responsible for organizing and coordinating with relevant functional units to compile training content and programs for work animals.

3. After completing training, the training unit for work animals shall issue a Certificate of Work Animals in accordance with regulations.

Article 9. Management of Work Animals

1. Training units for work animals must establish tracking and management files for each work animal, including:

a) Pedigree;

b) Certificate of Work Animals;

c) Register of training process and usage results;

d) Decision or permit for equipping work animals;

đ) Other related documents.

2. Agencies, organizations, and enterprises equipped and using work animals are responsible for receiving, managing, and supplementing files for each work animal during the breeding, training, and usage processes.

3. After being equipped with work animals, agencies, organizations, and enterprises must complete procedures to request the competent authority to issue a Registration Confirmation Certificate for Work Animals in accordance with regulations. Work animals can only be used after obtaining the Registration Confirmation Certificate from the competent authority.

Article 10. Use of Service Animals

Service animals are used to enforce public duties, perform protective tasks to limit and prevent individuals who violate the law from resisting or fleeing, protect those enforcing public duties and those performing protective tasks in accordance with the cases stipulated in Article 61 of the Law on Management and Use of Weapons, Explosive Materials, and Auxiliary Tools, and carry out the following tasks:

1. Supporting patrols, guarding, protecting targets, maintaining public order, protecting court sessions, enforcing sentences, searching for human remains, evidence, detecting human scent, identifying narcotics, explosive materials.

2. Supporting search and rescue operations and serving other service-related activities.

Section 3

CLASSIFICATION, STORAGE, DISPOSAL, AND DESTRUCTION OF MILITARY WEAPONS, EXPLOSIVE MATERIALS, AND AUXILIARY TOOLS AFTER RECOVERY FROM SUBJECTS EQUIPPED UNDER THE MANAGEMENT OF THE MINISTRY OF PUBLIC SECURITY MILITARY USE, ASSISTANCE TOOLS AFTER WITHDRAWAL OF SUBJECTS EQUIPPED UNDER THE MANAGEMENT SCOPE OF THE MINISTRY OF PUBLIC SECURITY

Article 11. Classification of Military Weapons, Explosive Materials, and Auxiliary Tools

1. Authority to classify

a) The equipment and warehouse management agency under the Ministry of Public Security is responsible for classifying military weapons, explosive materials, and auxiliary tools transferred by the Administrative Police Management Department and units under the Ministry of Public Security;  

b) The logistics and technical management agency under the provincial police is responsible for classifying military weapons, explosive materials, and auxiliary tools transferred by the Provincial Administrative Police Management Department and units under the provincial police's jurisdiction.

2. Handling of military weapons, explosive materials, and auxiliary tools after recovery and classification shall be carried out as follows:

a) For military weapons, explosive materials, and auxiliary tools that still have value for use, the equipment and warehouse management agency under the Ministry of Public Security reports to the Minister of Public Security to decide on their use; the logistics and technical management agency under the provincial police proposes to the Provincial Police Director to report to the Minister of Public Security to approve their use;

b) For military weapons, explosive materials, and auxiliary tools that no longer have value for use, they should be proposed for disposal and destruction according to the provisions of Article 13 of this Circular.

Article 12. Storage of Military Weapons, Explosive Materials, and Auxiliary Tools explosion military use, assistance tools

The storage of military weapons, explosive materials, and auxiliary tools must comply with the provisions of Article 9 of the Law on Management and Use of Weapons, Explosive Materials, and Auxiliary Tools, and be implemented as follows:

1. Military weapons, explosive materials, and auxiliary tools after being recovered must be neatly arranged and stored separately from other types of military weapons, explosive materials, and auxiliary tools.

2. In cases where weapons, auxiliary tools, and ammunition used for these weapons and auxiliary tools are stored together, they must be independently arranged. Military explosive materials must not be stored together with weapons, auxiliary tools, and ammunition in the same storage area.

Article 13. Disposal and Destruction of Military Weapons and Explosive Materials military use, assistance tools

1. Authority to Decide on Disposal and Destruction

a) The Minister of Public Security decides on the disposal and destruction of military weapons, military explosive materials, and sports weapons;

b) The equipment and warehouse management agency under the Ministry of Public Security, and the Provincial Police Director decide on the disposal and destruction of crude weapons and auxiliary tools within their jurisdiction.

2. Procedures and formalities for the disposal and destruction of military weapons, explosive materials, and auxiliary tools shall be carried out in accordance with the legal regulations on the management and use of state assets at people's armed forces units.

Article 14. Funding for the classification, storage, disposal, and destruction of military weapons, explosives, and support tools military use, assistance tools

Clause 1. The funding for the classification, storage, disposal, and destruction of military weapons, explosives, and support tools shall be allocated in the annual state budget estimate of the Ministry of Public Security to cover the following items:

a) Construction of warehouses for storing recovered military weapons, explosives, and support tools; procurement of equipment and devices for the classification, storage, disposal, and destruction of military weapons, explosives, and support tools;

b) Activities and maintenance of regular operations of forces responsible for the classification, storage, disposal, and destruction of military weapons, explosives, and support tools, as well as training and professional development in military equipment.

Clause 2. Management agencies under the Ministry of Public Security and provincial public security organs have the responsibility to prepare annual funding estimates for the classification, storage, disposal, and destruction of military weapons, explosives, and support tools within their units and regions, to be submitted to the planning and finance management agencies under the Ministry of Public Security for review, reported to the Minister of Public Security for consideration and decision.

Section 4

CONSTRUCTION, MANAGEMENT, UPDATE, AND EXPLOITATION OF DATABASES

ON WEAPONS, EXPLOSIVES, PRECURSOR EXPLOSIVE MATERIALS, AND SUPPORT TOOLS

Article 15. Construction of Databases on weapons, explosives, precursor explosive materials, auxiliary tools

Clause 1. Databases on weapons, explosives, precursor explosive materials, and support tools shall be constructed and managed at the Ministry of Public Security and connected uniformly and synchronously to provincial public security organs.

Clause 2. The construction of databases on weapons, explosives, precursor explosive materials, and support tools includes the following activities:

a) Allocation of space for installing information technology machinery and equipment;

b) Investment in technical infrastructure for the database including server systems, workstations, data storage systems, network devices, backup systems, peripheral devices, system software, and other supporting devices;

c) Development of software systems for managing weapons, explosives, precursor explosive materials, and support tools;

d) Establishment of a dedicated data transmission network serving the management system based on existing optical fiber networks of the Ministry of Public Security; organization of wide area network (WAN) connections;

đ) Standardization and updating of data into the database on weapons, explosives, precursor explosive materials, and support tools;

e) Operation and adjustment of the database on weapons, explosives, precursor explosive materials, and support tools;

g) Ensuring the safety and security of the database on weapons, explosives, precursor explosive materials, and support tools.

Article 16. Management of Databases on Weapons, Explosives, Precursor Explosive Materials and Support Tools auxiliary tools

Clause 1. Development of operational procedures for the management, updating, and exploitation of databases on weapons, explosives, precursor explosive materials, and support tools.

Clause 2. Management of the software system of the database on weapons, explosives, precursor explosive materials, and support tools.

Clause 3. Management and storage of the database on weapons, explosives, precursor explosive materials, and support tools to ensure information and data security during transmission.

Clause 4. Assignment and management of login accounts to the database on weapons, explosives, precursor explosive materials, and support tools within the scope of management.

Clause 5. Organization of training and instruction for staff responsible for the management, updating, and exploitation of databases on weapons, explosives, precursor explosive materials, and support tools.

Clause 6. Ensuring funding for the maintenance, upgrading, and development of databases on weapons, explosives, precursor explosive materials, and support tools.

Clause 7. Guidance for inspection and supervision of the management, updating, and exploitation of databases on weapons, explosives, precursor explosive materials, and support tools.

Clause 8. Compilation and reporting on the situation and results of the management, updating, and exploitation of databases on weapons, explosives, precursor explosive materials, and support tools.

Article 17. Ensuring Security and Safety of the Database on Weapons, Explosives, Precursors, and Supporting Tools auxiliary tools

1. Use encrypted channels and user authentication for the following activities: Logging into the system management, logging into applications, operating system functions of the Database on Weapons, Explosives, Precursors, and Supporting Tools, supporting tools.

2. Encrypt and secure transmission paths, information within the Database on Weapons, Explosives, Precursors, and Supporting Tools, supporting tools.

3. Apply measures to ensure authenticity and data security in the Database on Weapons, Explosives, Precursors, and Supporting Tools, supporting tools.

4. Implement logging in creating, changing, deleting information data to serve management and monitoring of the system.

5. Establish and maintain a backup system and data backup into the backup system to ensure stable and continuous operation under conditions of natural disasters, fires, and other incidents.

Article 18. Management of Administrative Accounts for the Database on Weapons, Explosives, Precursors and Supporting Tools

The management of administrative accounts for the Database on Weapons, Explosives, and Supporting Tools is carried out by officers from the Administrative Police Department responsible for social order and tasked with the following administrative functions:

1. Issuing and revoking user accounts and passwords to log into the Database on Weapons, Explosives, Precursors, and Supporting Tools.

2. Assigning permissions for database functions to users and user groups.

3. Searching and viewing information on operations performed by accounts in the Database.

Article 19. Updating and Searching the Database on Weapons, Explosives, Precursors and Supporting Tools

1. Updating the Database involves updating information in license, confirmation, certification, and certificate documents related to Weapons, Explosives, Precursors, and Supporting Tools that have been issued into the Database on Weapons, Explosives, Precursors, and Supporting Tools, specifically:

a) Before data conversion, assigned staff must check, compile statistics, and create a detailed list of fields in the data conversion section of the Database, reporting to authorized leadership for approval;

b) Submitting for approval by authorized leadership;

c) Executing the data update into the software system.

2. Updating data on licenses, confirmations, certifications, and certificates related to Weapons, Explosives, Precursors, and Supporting Tools

a) Assigned staff receiving the task must review the file, compare it with legal regulations on Weapons, Explosives, and Supporting Tools. After receiving all necessary files, they record in the tracking book, print a receipt, and submit to authorized leadership for assignment of staff to process the file;

b) Assigned staff must perform file checking and processing according to regulations and enter information into the Database;

c) After completing the data entry into the Database, report to authorized leadership for approval through the software system;

d) After leadership approval, assigned staff must print, sign, and return the license, confirmation, certification, and certificate;

đ) After returning the license, confirmation, certification, and certificate, staff must update the returned document information into the Database.

3. Updating data on collection, classification, storage, disposal, and destruction of Weapons, Explosives, and Supporting Tools

a) Staff assigned to recover Weapons, Explosives, and Supporting Tools equipped and their permits must accept the file, compare it with legal regulations on Weapons, Explosives, and Supporting Tools; classify and update information, print a handover record, submit for approval and signature by authorized leadership;

b) For cases of collection handed over by organizations, individuals at the Provincial Public Security Administrative Police Department, follow the provisions of point a of this clause;

c) For cases of collection handed over by organizations, individuals at other agencies, units, the receiving agency, unit must prepare a report and attach a handover record sent to the Provincial Public Security Administrative Police Department for updating into the Database.

4. Searching Information

a) The Administrative Police Department has the right to search information on the Database on Weapons, Explosives, Precursors, and Supporting Tools nationwide;

b) The Provincial Public Security Administrative Police Department has the right to search information on the Database on Weapons, Explosives, Precursors, and Supporting Tools within its jurisdiction. In cases of searching outside the jurisdiction, a request letter must be submitted to the Administrative Police Department for permission to search;

c) Agencies managing equipment and logistics under the Ministry of Public Security can search information on military Explosives, Supporting Tools in the People's Public Security;

d) Organizations, enterprises requiring searches must submit a request letter and obtain approval from the Director of the Administrative Police Department or the Head of the Provincial Public Security Administrative Police Department; within three working days, assigned staff must execute the search and report the results back to the requesting organization, enterprise.

Article 20. Backup and Recovery of the Database on Weapons, Explosives, Precursors and Supporting Tools

1. The database on weapons, explosives materials, explosive precursors, and auxiliary tools shall be backed up and stored, managed at the Administrative Police Management Department.

2. Recovery of the database on weapons, explosives materials, explosive precursors, and auxiliary tools will be carried out when data is destroyed, subjected to cyber attacks, unauthorized access, or other incidents causing damage to operational data.

Article 21. Maintenance and Upgrading, Development of the Database on Weapons, Explosives Materials, Explosive Precursors, auxiliary tools

1. The Administrative Police Management Department shall perform maintenance of the database on weapons, explosives materials, explosive precursors, and auxiliary tools as follows:

a) Ensuring the technical infrastructure system and environment for the installation and operation of the weapons, explosives materials, explosive precursors, and auxiliary tools database;

b) Implementing measures to ensure security and safety of the database on weapons, explosives materials, explosive precursors, and auxiliary tools;

c) Regularly maintaining, servicing, and repairing to ensure continuous operation of the database on weapons, explosives materials, explosive precursors, and auxiliary tools;

d) Establishing and maintaining a backup system, data backup, and recovery to ensure stable and continuous operation under conditions of natural disasters, fires, and other incidents;

đ) Conducting monitoring activities to warn against actions that cause database security breaches on weapons, explosives materials, explosive precursors, and auxiliary tools.

2. The Administrative Police Management Department shall review and propose investment plans for expanding, maintaining, upgrading, and developing the database on weapons, explosives materials, explosive precursors, and auxiliary tools to meet practical requirements.

Chapter III

RESPONSIBILITIES IN THE MANAGEMENT OF WEAPONS, EXPLOSIVES MATERIALS,

AUXILIARY TOOLS AND INSPECTION, STATISTICAL REPORTING SYSTEM

Article 22. Responsibilities of Units Subordinate to the Ministry of Public Security

1. The Administrative Police Management Department has the responsibility:

a) Directing and organizing the implementation of regulatory legal documents on the management and use of weapons, explosives materials, auxiliary tools; issuing procedural guidelines for managing, updating, and utilizing the database on weapons, explosives materials, explosive precursors, and auxiliary tools; directing the construction, management, updating, and utilization of the database on weapons, explosives materials, explosive precursors, and auxiliary tools;

b) Cooperating with related units to organize propaganda and dissemination of regulatory legal documents on the management and use of weapons, explosives materials, auxiliary tools; directing the organization of training, instruction, and education on the management and use of weapons, explosives materials, auxiliary tools; directing the organization of training for staff directly responsible for updating and utilizing the database on weapons, explosives materials, explosive precursors, and auxiliary tools;

c) Cooperating with related units to prevent and combat violations of laws on the management and use of weapons, explosives materials, auxiliary tools;

d) Carrying out inspections, audits, handling complaints and reports, and dealing with violations of laws on the management and use of weapons, explosives materials, auxiliary tools within their authority;

đ) Cooperating in the management of research, manufacturing, production, repair, trading, export, and import of military weapons, explosives materials, and auxiliary tools;

e) Taking the lead and coordinating with relevant units to report to the Minister of Public Security for decisions on investment in expanding, maintaining, upgrading, and developing the database on weapons, explosives materials, explosive precursors, and auxiliary tools. Annually, preparing the budget for investment in expanding, maintaining, upgrading, and developing the database on weapons, explosives materials, explosive precursors, and auxiliary tools to report to the Minister of Public Security for consideration and decision;

g) Researching and applying science and technology to the management and use of weapons, explosives materials, auxiliary tools;

h) Organizing the compilation and reporting on the situation and results of the management and use of weapons, explosives materials, auxiliary tools, and the management, updating, and utilization of the database on weapons, explosives materials, explosive precursors, and auxiliary tools as prescribed;

i) Implementing international cooperation on the management of weapons, explosives materials, auxiliary tools.

2. The Equipment and Warehousing Management Agency under the Ministry of Public Security has the responsibility:

a) Developing standards, quotas, and lists of equipment for weapons, military explosives materials, and auxiliary tools for each force within the People's Public Security;

b) Implementing the provision and distribution of weapons, military explosives materials, and auxiliary tools within the People's Public Security according to regulations;

c) Purchasing, importing, and exporting various types of weapons, military explosives materials, and auxiliary tools within the People's Public Security according to their authority;

d) Researching, producing, and importing various types of weapons and auxiliary tools for equipping units within the People's Public Security;

đ) Cooperating in inspections and training on the management and use of weapons, military explosives materials, and auxiliary tools within the People's Public Security.

Article 23Responsibilities of Provincial Public Security, central city

1. Advising the provincial People's Committee to issue and implement guiding documents on the management and use of weapons, explosives materials, auxiliary tools according to their authority.

2. Propaganda and dissemination of regulatory legal documents on the management and use of weapons, explosives materials, auxiliary tools.

3. Organizing updates and utilization of the database on weapons, explosives materials, explosive precursors, and auxiliary tools according to their authority.

4. Directing the organization of training, instruction, and education on the management and use of weapons, explosives materials, auxiliary tools according to their authority.

5. Carrying out inspections, audits, handling complaints and reports, and dealing with violations of laws on the management and use of weapons, explosives materials, auxiliary tools according to their authority.

6. Compiling and reporting on the management and use of weapons, explosives materials, auxiliary tools, and the utilization of the database on weapons, explosives materials, explosive precursors, and auxiliary tools as prescribed.

Article 24Inspection in the military management and use of weapons, explosives materials, auxiliary tools

1. Regular Inspection

a) Inspection authority: The Department of Administrative Police for Social Order has the authority to inspect the management and use of firearms, explosives, and auxiliary tools as stipulated in Clauses 1, 2, and 3 of Article 3 of this Circular for agencies, organizations, and enterprises. The Provincial Police Department's Administrative Police Division for Social Order has the authority to inspect the management and use of firearms, explosives, and auxiliary tools as stipulated in Clauses 2 and 3 of Article 3 of this Circular for agencies, organizations, and enterprises.

b) Construction and approval of inspection plans: The functional department responsible for managing firearms, explosives, and auxiliary tools under the Department of Administrative Police for Social Order, and the functional team responsible for managing firearms, explosives, and auxiliary tools under the Provincial Police Department's Administrative Police Division for Social Order have the responsibility to develop regular inspection plans for the management and use of firearms, explosives, and auxiliary tools by agencies, organizations, and enterprises within their jurisdiction, to be submitted to the Director of the Department of Administrative Police for Social Order and the Head of the Provincial Police Department's Administrative Police Division for Social Order for approval.

c) Contents of the inspection plan include: basis, reasons, purpose, requirements, objects, contents, time of inspection, participants in the inspection, and other related contents concerning the inspection work.

d) Implementation of inspections: The inspection agency must notify in writing five working days prior to the inspected agency, organization, or enterprise about the time and content of the inspection plan, and the composition of the inspection team.

The head of the inspection team is responsible for disseminating and ensuring that the inspection team members understand the approved inspection plan and other relevant contents before implementing the inspection plan; members of the inspection team perform their tasks according to the assignment of the head of the inspection team.

đ) Upon completion of the inspection, a record must be established according to the prescribed format. The inspection record shall be made in two copies, signed and confirmed by the head of the inspection team and the representative of the inspected agency, organization, or enterprise; if refusal to sign and confirm, the reason must be clearly stated in the record. One copy of the inspection record must be handed over to the inspected entity, one copy retained in the file, and a copy sent to related agencies, organizations, or individuals.

If violations of regulations on the management and use of firearms, explosives, and auxiliary tools are discovered, they shall be handled according to the provisions of the law.

2. Surprise Inspection

a) The head of the police agency specified in point a, Clause 1 of this Article decides to establish an ad hoc inspection team or assign officers to conduct ad hoc inspections when discovering signs of violation of laws by agencies, organizations, or enterprises permitted to equip, manage, and use firearms, explosives, and auxiliary tools, or upon receipt of complaints or reports related to the management and use of firearms, explosives, and auxiliary tools, or as required for security and social order assurance.

b) Construction of inspection plans: Officers assigned as heads of ad hoc inspection teams or officers assigned to conduct ad hoc inspections are responsible for developing ad hoc inspection plans to report to the head of the directly managing police agency specified in point a, Clause 1 of this Article for approval. The content of the inspection plan shall be carried out according to the provisions of point c, Clause 1 of this Article.

c) Implementation of inspections: Officers assigned as heads of ad hoc inspection teams or officers assigned to conduct ad hoc inspections must clearly inform the inspected agency, organization, or enterprise of the reason for the inspection before conducting the inspection; in cases of ad hoc inspections, officers must have an introduction letter from the competent inspection authority.

The establishment of inspection records and handling of violations during the inspection process shall be carried out according to the provisions of point đ, Clause 1 of this Article.

Article 25Reporting and statistical system

1. Quarterly, every six months, and annually, agencies, organizations, and enterprises specified in point a, Clause 4 of Article 3 of this Circular must submit written reports to the Department of Administrative Police for Social Order; agencies, organizations, and enterprises specified in point b, Clause 4 of Article 3 of this Circular must submit written reports to the Provincial Police Department's Administrative Police Division for Social Order regarding the situation of managing and using firearms, explosives, and auxiliary tools.

2. Quarterly, every six months, and annually, the Provincial Police Department's Administrative Police Division for Social Order must report to the Department of Administrative Police for Social Order on the situation and results of managing firearms, explosives, and auxiliary tools according to the VC23 form issued together with the Circular
number 18/2018/TT-BCA dated May 15, 2018, of the Minister of Public Security on forms and procedures for issuing, reissuing, and replacing permits and certificates for firearms, explosives, explosive precursors, auxiliary tools, and declarations of simple weapons (hereinafter referred to as Circular No. 18/2018/TT-BCA).

3. Quarterly, every six months, and annually, the Police Station, Ward, Town Police must report to the County, District, City Police about the management of simple weapons, the reception, collection of firearms, explosives, and auxiliary tools; the District, County, City Police must report to the Provincial Police about the management of simple weapons based on the summary of reports from the Police Stations, Wards, Towns under their jurisdiction and the reception, collection, and destruction of firearms, explosives, and auxiliary tools according to the VC23 form issued together with Circular No. 18/2018/TT-BCA.

4. In cases involving serious and complex incidents affecting security and social order related to firearms, explosives, and auxiliary tools, or as required by competent authorities, agencies, organizations, units, and enterprises equipped, managing, and using firearms, explosives, and auxiliary tools must immediately report in writing to the police agency that issued the permit or certificate.

5. The Department of Administrative Police for Social Order is responsible for monitoring, urging, summarizing the situation and results of managing and using firearms, explosives, and auxiliary tools, and reporting to the leadership of the Ministry of Public Security as prescribed.

Chapter IV

IMPLEMENTATION

Article 26. Effective date

1. This Circular takes effect from July 1, 2018.

2. This Circular abolishes:

a) Circular No. 30/2012/TT-BCA dated May 29, 2012, issued by the Minister of Public Security detailing the implementation of certain provisions of the Ordinance on the Management and Use of Weapons, Explosives, and Auxiliary Tools and the Decree detailing the implementation of certain provisions of the Ordinance on the Management and Use of Weapons, Explosives, and Auxiliary Tools;

b) Circular No. 31/2012/TT-BCA dated May 29, 2012, issued by the Minister of Public Security detailing the procedures for receiving, collecting, classifying, storing, liquidating, and destroying weapons, explosives, and auxiliary tools.

Article 27. Responsibility for Implementation

1. The Director of the Administrative Police Department for Social Order shall be responsible for guiding, directing, and inspecting the implementation of this Circular.

2. Local public security units, organizations, and individuals related to this matter shall be responsible for implementing this Circular.

In the course of implementing this Circular, if there are difficulties or obstacles, local public security units shall report to the Ministry of Public Security (through the Administrative Police Department for Social Order) for timely guidance.