Circular No. 1691/TT-QP guiding the implementation of Decree No. 47/CP dated August 12, 1996 of the Government on the management of weapons, explosives, and auxiliary tools.

CIRCULAR

OF THE MINISTRY OF NATIONAL DEFENSE

GUIDING THE IMPLEMENTATION OF THE GOVERNMENT DECREE NO. 47/CP OF AUGUST 12, 1996 ON THE MANAGEMENT OF WEAPONS, EXPLOSIVES AND AUXILIARY TOOLS

BASED ON Article 8, Article 15 of the Government Decree No. 47/CP dated August 12, 1996 on the Management of Weapons, Explosives and Auxiliary Tools; Article 45 of the Regulation on the Management of Weapons, Explosives and Auxiliary Tools issued together with the Decree No. 47/CP dated August 12, 1996.
The Ministry of National Defense guides the implementation as follows:

I - GENERAL PROVISIONS.

1- Military weapons, sports weapons, primitive weapons (collectively referred to as types of weapons), auxiliary tools include those specified in Point 1, Point 3 of Article 1 of the Regulation on the Management of Weapons, Explosives and Auxiliary Tools (referred to as the Government's regulation) and some other types as follows:

a. Military weapons (MW) include: Various types of pistols, rifles, machine guns; various types of artillery, launchers, mortars, anti-aircraft guns, chemical agents and radioactive sources, various types of ammunition, missiles, bombs, mines, grenades, torpedoes, explosive materials for military purposes, fire arms and other weapons used for national defense and security purposes.

b. Sports weapons (SW) include: Various types of rifles, pistols for sports use in different calibers, air guns, and other weapons used for training and sports competitions, and ammunition for such sports weapons.

c. Primitive weapons (PW) include: Stabbing knives, various types of swords, spears, tridents, large swords, machetes, metal or hard material fist weapons, bows and arrows, cudgels, traps, and other types as prescribed by the Ministry of Interior.

d. Auxiliary tools (AT) include rubber batons, electric batons, electric sticks, electric gloves, tear gas grenades, pepper spray guns, suffocating, toxic, and anesthetic guns, tear gas sprays, suffocating, toxic, and anesthetic sprays, plastic bullet guns, rubber bullet guns, laser guns, nail guns, magnetic field guns, and other types of auxiliary tools.

đ. Industrial explosives (IE) include: Various types of explosives and detonation accessories (detonators, fuses, detonating cords...) used in national defense construction projects, industrial production, and other civilian purposes.

2- The Government unifies the management of all types of weapons, explosives, and AT throughout the country; the Ministry of National Defense (MND) is assigned to assist the Government in managing these types of weapons, explosives, and AT within its jurisdiction and has responsibilities as stipulated in Article 8 of the Government Decree No. 47/CP dated August 12, 1996. The MND assigns command at all levels directly to manage weapons, explosives, AT and bears responsibility within its jurisdiction.

3- The content of managing weapons, explosives, AT in the army and self-defense militia includes: Managing the manufacture, production, repair, equipping, use, storage, retention, transportation, purchase and sale, disposal, destruction... inspection, supervision, and handling violations in the management of weapons, explosives, AT according to regulations of the MND, the Regulations on Troop Management, and Points 1 and 2 of Article 4 of the Government Decree No. 47/CP dated August 12, 1996.

4- The authority to inspect the carrying, use, and storage of weapons, explosives, and AT has been stipulated in Article 6 of the Government's Regulation, now guiding as follows:

a. Commanders at all levels must strengthen the work of inspecting the management, use, and storage of weapons, AT according to their functions and scope of responsibility.

b. Military control teams, border guard patrol teams while performing tasks in their assigned areas, have the right to inspect military personnel when leaving the camp, self-defense militia when performing independent tasks carrying weapons, AT; means of transporting weapons of the army and self-defense militia traveling on roads.

c. Border Guard Post Chiefs have the right to inspect the carrying, use, and transportation of weapons, AT within the area under their post's responsibility.

d. Chiefs of Departments: Operations, Military Forces, Military Training, General Staff Department, Chief of the Armament Department have the right to inspect the management, use, storage, and transportation of weapons, AT of units throughout the army.

đ. Specialized officers, soldiers, and staff responsible for overseeing the management of weapons, AT, IE in units, warehouses, defense factories, have the right to inspect according to their functional duties.

II - MANAGEMENT OF MILITARY WEAPONS AND SPORTS WEAPONS.

1- The subjects equipped with MW are military units (main force troops, local forces, border guards), reserve mobilization units, when concentrated for training, exercises, inspections, self-defense militia units to perform combat readiness, combat, training, and security maintenance tasks. When performing tasks, infantry weapons are equipped for each individual, only those who meet the conditions and standards stipulated in Article 13 of the Government's Regulation and the regulations of the MND are equipped.

SW are equipped for national defense physical training and sports centers serving training and sports competitions.

2- Management of MW and SW in military units, reserve mobilization units:

- The management of MW and SW in units must be carried out in accordance with the provisions from Article 171 to Article 177 of Part I Chapter IV of the Regulations on Troop Management issued on February 1, 1991; the system of technical equipment management issued together with Decision No. 495/QĐ-QP dated December 3, 1991 of the Minister of National Defense and current regulations of the MND.

- The decision of the General Staff (GST) on the establishment and equipping of MW and SW for each unit, national defense physical training and sports center is considered as the permit to use weapons of the unit.

- Individuals when going on separate missions or special tasks may carry MW and SW must accompany a permit to use signed by commanders from regiment level or higher; upon returning from the mission or completing the task, they must submit the permit for the unit to manage and report the status of the weapon to the commander before cleaning and storing it in the gun cabinet. The permit to use weapons is in the format prescribed by the GST.

- For infantry weapons used for training, combat readiness, patrolling, when not on duty, they must be stored in the gun cabinet as stipulated in Chapter 3 "Technical Assurance Regulations for Artillery, Equipment, Ammunition (Infantry Units)" issued together with Decision No. 482/QĐ-QP dated April 10, 1995 of the Minister of National Defense; the gun cabinet must be locked.

- For large firearms, they must be kept at training grounds, and for combat-ready weapons stationed at battlefields, there must be continuous guarding.

- During exercises and training, if ammunition, explosives, fire equipment, etc., are used, management and distribution must be strict. At the end of exercises and training, thorough checks, collection, classification, registration, and handling according to regulations must be conducted.

3- Management of small arms and light weapons (SALW) of civilian self-defense units:

a. The number of SALW equipped for units, rotating duty teams, mobile forces, patrol forces, and security maintenance forces shall be stipulated by the Ministry of National Defense (MND). Equipped SALW must be centrally managed at communes, wards, towns ensuring safety, security, and combat readiness with guards. If weapons are not used or are no longer needed, the Military Command Board of the District, City District, or Town (collectively referred to as the District-level Military Command Board) must recover them and manage them in storage according to the regulations of the MND.

Strictly prohibited from carrying SALW to private residences or using them outside assigned tasks.

Large firearms (if any) in combat readiness stationed at battlefields shall be managed as prescribed for military units in point 2, part II of this Circular.

- Decisions of the MND on the allocation of weapons and equipment for each civilian self-defense unit shall be considered as permits for the use of weapons by such units.

- Civilian self-defense units when performing tasks on designated sea areas, if carrying SALW, must have a permit issued by the Commander of the District-level Military Command Board or higher according to the regulations of the MND and may only use weapons for their assigned tasks.

- Individuals when performing independent tasks and carrying SALW must accompany a permit for weapon use signed by the Commander of the District-level Military Command Board. If taken out of the district, city district, town limits, or provincial city, a permit must be obtained from the Commander of the Provincial Military Command signed by the Central Government's provincial level. Weapon use permits follow the model prescribed by the MND.

b. SALW provided for civilian self-defense units for annual training and sports competitions shall be ensured by the District-level Military Command Board. After training periods, weapons must be cleaned and returned to the District-level Military Command Board for management; issuance, recovery procedures must comply with MND regulations.

- For large firearms kept at training grounds after sessions, guards must be posted.

- In training and exercises, if ammunition, explosives, fire equipment are used, they must be collected and strictly managed after completion of tasks. Any unused items must be returned. Military agencies at all levels must strictly manage the process of issuance, use, recovery, disposal, and submission.

4- Weapons and equipment for national defense education courses, national defense education centers, and units must be implemented according to Directive No. 484/CT-QP dated November 28, 1991, of the Minister of National Defense.

a. For national defense education centers within military schools, weapon management shall be carried out according to the provisions in point 2, part II of this Circular.

b. Local military agencies, national defense education centers, or military units assisting universities, vocational high schools, and general secondary schools in military training, when using weapons for training, must manage them strictly. Weapons brought for each session must be returned to the unit for management after the session.

5- Weapons and equipment displayed in museums and traditional houses of military units shall be directly managed by the museum director and the traditional house commander. All types of weapons displayed must be registered in quantity and type with relevant authorities for strict unified management and must be rendered ineffective for combat purposes before being put on display to ensure safety.

6- Production and repair of weapons and equipment must follow plans of the MND or contracts signed with non-military organizations approved by the MND and can only be carried out at defense factories, workshops, and plants.

- Depending on the degree of damage, according to the plan of the higher-level armament sector, major, medium, and minor repairs of various weapons shall be carried out at stations, workshops, and defense plants as stipulated in Article 8 of the Technical Work Regulations of the Vietnam People's Army Armament Sector (VPAAS), promulgated by Decision No. 1886/QĐ-QP dated October 24, 1996, of the Minister of National Defense, and other related regulations of the MND. The General Department of Technology is responsible for monitoring, directing, and inspecting the implementation by each unit.

- Repair of weapons and equipment for entities outside the MND's management scope shall be carried out according to approved contracts. In cases where state enterprises participate in producing or repairing certain parts of weapons and equipment as stipulated in Article 9 of the Government Regulation, the agencies or units entrusted with providing materials and weapons for production and repair must implement strict management measures to ensure confidentiality, technical standards, and product delivery according to MND regulations.

7- Supply and transfer of weapons to entities specified in points d, đ, e, g of Article 8 of the Government Regulation shall be directly and comprehensively managed by the MND. Agencies or organizations requiring supply or transfer of weapons must submit a request letter accompanied by a permit document from the Ministry of Home Affairs.

- Transfers shall be concluded, executed, and settled according to contracts, with transfer prices set according to MND regulations.

- The MND will only provide weapons to agencies and organizations determined by the Government.

- Units directly managing weapons when supplied or transferred according to contracts must complete all handover procedures and be responsible for quantity and quality. Copies of contracts, contract settlements, and invoices for weapon exports must be sent to the Ministry of Home Affairs for functional management.

8- Weapons and equipment shall be stored and preserved in weapon depots of agencies and units. Depot standards, management, and preservation procedures must comply with decisions of the Minister of National Defense including Decision No. 338/QĐ-QP dated September 16, 1991, on ammunition depots (ground forces) of the Vietnam People's Army; Decision No. 282/QĐ-QP dated June 24, 1993, on gun and artillery depots, equipment (ground forces) of the Vietnam People's Army; and Decision No. 482/QĐ-QP dated April 10, 1995, on technical support for guns, artillery, equipment, and ammunition (ground forces) at units; Technical Work Regulations of the Vietnam People's Army Armament Sector, and other related regulations of the MND.

9- The transfer, liquidation, and destruction of military weapons and equipment (VKQD) and technical equipment and materials (VKTT) must be carried out strictly in accordance with the Regulations on the Handling of Military Weapons and Technical Equipment, issued together with Decision No. 59/QĐ-QP dated January 23, 1995 of the Minister of Defense; the Technical Work Regulations of the Vietnam People's Army, issued together with Decision No. 213/QĐ-QP dated March 1, 1996 of the Minister of Defense, and other relevant regulations of the Ministry of Defense.

- For bombs, mines, various types of explosive materials (including missiles, torpedoes, underwater mines...), explosives, propellants, fire arms, flammable and explosive materials posing safety risks, unit commanders must promptly grasp and take measures to direct prevention and report to competent authorities as stipulated in Article 47 of the Technical Work Regulations for Military Ordnance of the Vietnam People's Army; in cases of imminent safety risks, immediate destruction shall be carried out as prescribed in Article 37 of the Technical Work Regulations of the Vietnam People's Army.

- The destruction of VKQD and VKTT by units throughout the army must be conducted according to procedures and ensure safety under the advisory and direct implementation of plans for destruction by the ordnance sector of the unit.

10- Transporting VKQD and VKTT:

Transporting VKQD (including military explosives) and VKTT must ensure requirements for confidentiality, security, and safety (both personnel and means of transport). All transportation of weapons must have a transportation order or combat command (if transporting weapons along with a combat formation) from authorized command levels.

When using two or more vehicles for transportation, there must be a joint commander. Vehicles used for transporting weapons and methods of loading and unloading must comply with Decision No. 338/QĐ-QP dated September 16, 1991 and Decision No. 282/QĐ-QP dated June 24, 1993 of the Minister of Defense. Personnel and means of transport engaged in weapon transportation must have all required documents as stipulated by the Ministry of Industry and Trade.

11- Receiving VKQD and VKTT surrendered by organizations and individuals is regulated in Article 18 of the Government's Regulations, now specified as follows:

a. Local military agencies and commanders at all levels of military units are responsible for receiving VKQD and VKTT surrendered by organizations and individuals. All reception cases must establish a record clearly identifying the address of the person or organization surrendering, the reasons, origin, quantity, quality, serial number, weight (if it is military explosives), maintain records, register meticulously, and report upwards. In cases where large quantities of weapons pose safety risks discovered by organizations or individuals but cannot be delivered for surrender, the military agency or unit notified must assign guards and report to higher-level agencies or units for appropriate handling.

b. After receiving weapons, military units must classify them and report to authorized superiors for management and handling. In cases of large quantities before receipt, units must report and seek guidance from the Ministry of Industry and Trade.

c. The Military Command of Communes and Border Guard Posts must receive weapons surrendered by organizations and individuals, then report and hand over to the Military Command of Districts (for commune military commands) and Provincial Border Guard Commands (for border guard posts). After receiving, units must classify, store, and promptly report upwards for monitoring and management.

d. Handling weapons after receipt:

- Non-dangerous types must be reported to authorized superiors for handling according to the regulations of the Ministry of Defense.

- Dangerous types or those posing safety risks must not be stored in unit weapon depots and must be immediately rendered ineffective, followed by reporting to superiors according to the regulations on handling weapons, technical equipment, and material supplies in the military; in cases of imminent safety risks, immediate destruction must be carried out as prescribed in Article 37 of the Technical Work Regulations of the Vietnam People's Army. Handling is the responsibility of the ordnance sector.

III - MANAGEMENT OF RAW WEAPONS AND SUPPORT TOOLS.

1- The subjects equipped with raw weapons and support tools (VKTS, CCHT) are military units, reserve mobilization units during concentrated training, exercises, inspections, self-defense militia units for combat readiness, combat, training, security maintenance, and sports training. Support tools are only provided to units determined by the Ministry of Industry and Trade. When performing tasks, raw weapons and support tools are assigned to individual personnel.

2- Management systems, standards for equipping, licensing for use, production, repair, storage, transportation, transfer, and disposal of raw weapons and support tools are implemented as for military weapons as stipulated in Points 1, 2, 3, 4, 5, 6, 8, 9, and 10 of Part II of this Circular.

VI - MANAGEMENT OF INDUSTRIAL EXPLOSIVES

1- The management, production, supply, and use of industrial explosives (VLNCN) by enterprises and military units must comply with Decree No. 27/CP dated April 20, 1995 and Decree No. 02/CP dated January 5, 1995, and Articles 29 to 36 of the Government's Regulations; Directive No. 1157/CT-QP dated November 2, 1995 of the Minister of Defense on managing, producing, supplying, and using industrial explosives for economic tasks in the military, and specific guidelines as follows:

a. The General Department of National Defense Industry and Economic Affairs of the Ministry of Defense assists the Ministry of Defense in coordinating with state functional agencies in inspecting and supervising military enterprises in the production, supply, and use of industrial explosives, compiling periodic quarterly reports to the Ministry of Defense.

b. Enterprises and military units when buying and selling industrial explosives for economic purposes and construction of defense works must submit copies of economic contracts and settlement contracts to the General Department of National Defense Industry and Economic Affairs of the Ministry of Defense for inspection and supervision; if industrial explosives manufacturing enterprises are permitted to sell to non-military enterprises and agencies, they must simultaneously submit copies of economic contracts and settlement contracts to the Ministry of Industry and the Ministry of Interior.

c. Exporting and importing of industrial explosives, raw materials for producing industrial explosives must be carried out in accordance with state regulations and the Ministry of Defense.

2- Transportation of industrial explosives must comply with national standards and regulations, including Vietnam Standard TCVN 4588-88, and the following provisions:

Transportation of industrial explosives, raw materials for producing industrial explosives, and raw materials processed from explosives, ammunition, bombs, mines, propellants, enterprises and units must base their plans on production schedules, supply needs, usage requirements (including exports), and report these plans to the Ministry of Industry and Trade to request transportation orders.

If two or more vehicles are used for transportation, there must be a general commander. Personnel and means performing the transportation task must have all the documents as prescribed by the Ministry of Industry and Trade.

V - IMPLEMENTATION

1- Commanders of agencies and units throughout the military and self-defense forces shall regularly direct and organize the dissemination to their units to strictly implement Decree No. 47/CP dated August 12, 1996, the Regulations of the Government, relevant provisions of competent state agencies, and the Circulars guiding the management of various types of weapons, ammunition, and technical equipment issued by the Ministry of National Defense. They shall closely cooperate with local police agencies to effectively manage weapons, ammunition, and technical equipment within the scope of their unit's jurisdiction, as stipulated in the Joint Circular of the Ministry of National Defense and the Ministry of Interior No. 62/TT-LB dated January 14, 1993.

2- Provincial Military Commands, County People's Militia Forces Committees, and Commune Military Forces Commands shall coordinate with functional agencies to review the management, issuance, and use of firearms, ammunition, and technical equipment in their respective areas; mobilize the public to identify and surrender weapons and technical equipment outside the inventory and surplus from wars.

This Circular takes effect fifteen days after the date of signature. Commanders of agencies and units throughout the military and self-defense forces are responsible for its implementation. Every six months, agencies and units shall report on the implementation results to the Ministry of National Defense. Any issues encountered during implementation shall be promptly reported to the Ministry of Industry and Trade and the Ministry of National Defense for guidance.