Circular No. 17/2018/TT-BCA on the provision of weapons, explosives, and auxiliary tools.

CIRCULAR

Provisions on equipping firearms, military explosives, and support tools

Based on the Law on Management and Use of Firearms, Explosives, and Support Tools dated July 20 tháng 6 năm 2017;

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

At the proposal of the Director of the National Police Academy;

The Minister of Public Security issues this Circular providing for the equipping of firearms, military explosives, and support tools. This Circular specifies the subjects, types, quantities of firearms, military explosives, and support tools to be equipped; the authority to equip firearms, military explosives, and support tools for subjects under the management of the Ministry of Public Security; the transfer and mobilization of firearms, military explosives, and support tools within the People's Public Security.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

PRINCIPLES OF EQUIPMENT

Article 21. Compliance with the provisions of the Law on Management and Use of Firearms, Explosives, and Support Tools, the provisions of this Circular, and other relevant laws. hỗ trợ

2. Ensuring compliance with authority, subjects, standards, quotas, types of firearms, military explosives, and support tools to be equipped.

3. Firearms, military explosives, and support tools to be equipped must meet technical standards and requirements for performing tasks.

EQUIPMENT

Chapter II

FIREARMS, EXPLOSIVES MILITARY USE, SUPPORT TOOLS SUPPORT TOOLS TMILITARY USE,

Section 1

FIREARMS, EXPLOSIVES MILITARY USE, SUPPORT TOOLS SUPPORT TOOLS

FOR THE PEOPLE'S PUBLIC SECURITY TMILITARY USE, TArticle 3. Subjects eligible for the equipment of firearms, military explosives, and support tools

1. Subjects eligible for the equipment of military firearms, crude weapons, and support tools include: a) Business units under the Ministry of Public Security;

b) Prisons, detention centers;

c) Academies and schools of the People's Public Security engaged in training and vocational training;

d) Provincial-level public security agencies (hereinafter referred to as provincial-level public security agencies);

đ) District-level public security agencies, urban districts, towns under provinces;

e) Commune-level public security agencies, wards, towns.

2. Subjects eligible for the equipment of sports firearms include:

a) Sports training and competition centers of the People's Public Security;

b) Academies and schools of the People's Public Security;

c) Vocational training and development centers of the People's Public Security that conduct sports training.

3. Subjects specified in points a, d, and đ of Clause 1 of this Article are eligible for the equipment of military explosives.

Article 4. Types and quantities of firearms, military explosives, and support tools to be equipped

1. The subjects specified in Article 3 of this Circular shall propose specific types and quantities of firearms, military explosives, and support tools based on the nature, requirements, and tasks of their work to the competent authority specified in Clause 2 of this Article for consideration and decision, specifically:

a) The subjects specified in points a, b, c, d, and đ of Clause 1 of Article 3 of this Circular may be considered for the equipment of the following types of firearms and support tools: short-barreled rifles, long-barreled rifles, submachine guns, medium machine guns, anti-tank guns, grenade launchers, heavy machine guns, mortars, automatic cannons, anti-tank missiles, armed helicopters, bombs, mines, grenades, crude weapons, support tools, ammunition for the equipped firearms; b) The subject specified in point e of Clause 1 of Article 3 of this Circular may be considered for the equipment of the following types of firearms and support tools: short-barreled rifles, long-barreled rifles, submachine guns, rubber bullets, pepper spray, electric batons, pepper spray canisters, knife-catching gloves, bulletproof vests, electric batons, rubber batons, metal batons, handcuffs, crude weapons;

c) The subjects specified in Clause 2 of Article 3 of this Circular are provided with sports firearms;

d) The subjects specified in points a, d, and đ of Clause 1 of Article 3 of this Circular are provided with military explosives.

2. Public security units and localities shall base on the provisions of Clause 1 of this Article to prepare plans for the quantity and types of firearms, military explosives, and support tools needed for equipment, to be submitted to the equipment management and storage agency under the Ministry of Public Security for consolidation and reporting to the Minister of Public Security for consideration and decision.

c) The objects specified in Clause 2, Article 3 of this Circular shall be equipped with sports firearms;

d) The objects specified at points a, d, and đ of Clause 1, Article 3 of this Circular shall be equipped with military explosives materials;

2. Units and local public security agencies shall base on the provisions of Clause 1 of this Article to prepare estimates of the quantity and types of firearms, military explosives materials, and support tools needed for equipping, and submit them to the management agency regarding equipment and storage under the Ministry of Public Security for consolidation and reporting to the Minister of Public Security for consideration and decision;

Article 5. Authority to Equip Weapons, Explosives, and Support Tools

1. The Minister of Public Security decides on equipping weapons, explosives, and support tools for the entire People's Police force; decides on equipping weapons, explosives, and support tools for newly established police units and localities.

2. The head of the equipment management and warehousing agency under the Ministry of Public Security decides on supplementing the equipping of weapons, explosives, and support tools for police units and localities after receiving written approval from the Minister of Public Security.

3. The Director of Provincial Public Security (hereinafter referred to as the Provincial Public Security Director) bases on the type and quantity of weapons, explosives, and support tools that have been equipped to decide on specifically equipping the type and quantity of weapons, explosives, and support tools for police units and localities within their jurisdiction.

4. In cases where provincial public security needs to supplement the equipping of simple weapons and support tools using local funds, the Provincial Public Security Director must submit a report to the equipment management and warehousing agency under the Ministry of Public Security for consolidation and reporting to the Minister of Public Security for consideration and decision.

Article 6. Transfer of Weapons, Explosives, and Support Tools

1. Transferring weapons, explosives, and support tools involves collecting weapons, explosives, and support tools already equipped for police units and localities to supplement other police units and localities.

2. Authority to Transfer

a) The Minister of Public Security decides on transferring weapons, explosives, and support tools from one police unit or locality to another nationwide when there is an emergency situation or a threat to national security but not yet at the level of declaring a state of emergency, or in other unexpected situations such as disasters, dangerous epidemics, floods, typhoons, or to serve work and combat requirements according to the proposal of the equipment management and warehousing agency under the Ministry of Public Security;

b) The head of the equipment management and warehousing agency under the Ministry of Public Security decides on transferring weapons, explosives, and support tools not falling under the cases specified in point a of this clause from one police unit or locality to another after receiving written approval from the Minister of Public Security;

c) The head of a police unit or locality decides on transferring weapons, explosives, and support tools among units under their jurisdiction.

3. After receiving the transfer decision from the competent authority, police units and localities must establish a handover record detailing the type, quantity, quality, serial number, country of production, accompanying equipment, and spare parts of the transferred weapons, explosives, and support tools. The record must be signed by the directly involved officers and confirmed by the leaders of the relevant units.

4. After receiving weapons, explosives, and support tools according to the transfer decision, police units and localities must submit a document requesting the competent public security agency to issue a usage permit and registration confirmation in accordance with regulations.

Article 7. Mobilization of Military Weapons, Explosives, and Support Tools

1. Mobilizing military weapons, explosives, and support tools refers to temporarily transferring military weapons, explosives, and support tools from one local police unit to another local police unit for a specified period. After completing the assigned tasks, they will be returned to the original local police unit that mobilized them.

2. Authority to Mobilize

a) The Minister of Public Security decides on the mobilization of military weapons, explosives, and support tools from the Ministry of Public Security to other agencies, organizations, and units outside the Public Security sector;

b) The head of the management agency for equipment and logistics under the Ministry of Public Security decides on the mobilization of military weapons, explosives, and support tools from one local police unit to another local police unit after obtaining written approval from the Minister of Public Security;

c) The head of a local police unit decides on the mobilization of military weapons, explosives, and support tools among units within their jurisdiction.

3. Upon receiving the mobilization decision from the competent authority, local police units must prepare a handover record detailing the type, quantity, quality, serial number, country of manufacture, accompanying equipment, and spare parts of the mobilized military weapons, explosives, and support tools. The record must be signed by the officers directly involved in the handover and confirmed by the leaders of the relevant units.

Section 2

FIREARMS, EXPLOSIVES MILITARY WEAPONS AND SUPPORT TOOLS FOR OTHER OBJECTS UNDER THE JURISDICTION OF THE MINISTRY OF PUBLIC SECURITY OTHER OBJECTS

WITHIN THE SCOPE OF MANAGEMENT OF THE MINISTRY OF PUBLIC SECURITY AN

Article 8ObjectType 1. Confidential personnel of the Ministry of Foreign Affairs, confidential personnel in Party agencies, central and local state agencies are equipped with: short firearms, ammunition for such firearms, and simple weapons. equipment

2. Forest Protection Department, Provincial Forest Protection Service, Central Forest Protection Service, Regional Forest Protection Service, District Forest Protection Service, National Park Forest Protection Service, Special Purpose Forest Protection Service, Protective Forest Protection Service, Regional Forest Protection Service, Special Task Force Forest Protection Service, Mobile Forest Protection Service and Firefighting Service, Forest Protection Service at the locality level, Forest Entrance Forest Protection Service are equipped with: short firearms, submachine guns, ammunition for such firearms, and simple weapons.

3. Fisheries Inspection Department, Regional Fisheries Inspection Service, Fisheries Inspection Team, Fisheries Inspection Station, Fisheries Inspection Vessel Team are equipped with: short firearms, submachine guns, medium machine guns, heavy machine guns, machine guns with barrel calibers up to 14.5mm, ammunition for such firearms, and simple weapons.

4. Air security forces are equipped with: short firearms, ammunition for such firearms, and simple weapons.

5. Anti-smuggling Investigation Bureau under the General Customs Department, anti-smuggling investigation forces, customs offices at provincial, inter-provincial, and centrally-administered municipal customs departments are equipped with: short firearms, submachine guns, ammunition for such firearms, and simple weapons.

6. Investigative agencies of the Supreme People's Procuracy are equipped with: short firearms and ammunition for such firearms.

7. National Defense and Security Education Centers, clubs, training facilities, sports training institutions with operating licenses are equipped with simple weapons.

8. Clubs, training facilities, sports training institutions with operating licenses, National Defense and Security Education Centers, other agencies and organizations permitted to operate in sports training and competition are equipped with: air rifles, shotguns, air pistols, pistols, paintball guns, frisbee guns, ammunition for these firearms, and simple weapons used for sports training and competition.

8. Sports clubs, training and coaching facilities with operating licenses, National Defense and Security Education Centers, and other organizations permitted to operate in sports training and competition shall be equipped with: air rifles, small caliber rifles, air pistols, small caliber pistols, paintball guns, frisbee guns, ammunition for these firearms, and simple weapons used for sports training and competition;

Article 9. Subjects and Types of Support Tools to be Equipped

1. The subjects specified in Clauses 2, 3, 4, and 5 of Article 8 of this Circular and Drug Rehabilitation Centers shall be equipped with various types of support tools.

2. The subjects to be equipped with various types of support tools, excluding service animals, include:

a) The subjects specified in Clause 1 and Clause 6 of Article 8 of this Circular;

b) The Department of Civil Execution under the Ministry of Justice, Provincial/City Civil Execution Departments under the central government, District Civil Execution Departments under provinces/cities;

c) Special Purpose Forest Management Boards, Protective Forest Management Boards, enterprises that establish specialized forest protection forces;

d) Forces directly performing specialized fisheries inspection tasks;

e) Forces directly performing specialized transportation inspection tasks;

f) Inspection teams of Market Management Forces.

3. Security forces protecting agencies, organizations, enterprises, and security service enterprises shall be considered for equipping with support tools, including:

a) Security forces protecting agencies, organizations, enterprises, and security service enterprises shall be considered for equipping with support tools of the following types: electric batons, metal batons, rubber batons, bulletproof vests, knife-catching gloves;

b) Security forces protecting agencies, organizations, enterprises, and security service enterprises when performing protective duties at state agencies; important political, economic, diplomatic, scientific and technological, cultural, and social targets; on trains; banks; hospitals; economic zones, industrial zones, export processing zones; enterprises producing, trading, using industrial explosives; gold, precious stones, foreign exchange, Vietnamese currency trading enterprises shall be considered for equipping with support tools of the following types based on the nature and requirements of the protective duties: electric guns, guns firing live ammunition, rubber bullets, tear gas and cartridges for these types of guns; tear gas spraying devices; electric batons, metal batons, rubber batons, bulletproof vests, knife-catching gloves;

c) For security forces protecting agencies, organizations, enterprises performing protective duties at zoos; research and experimental science forests; species and habitat conservation areas, shall be considered for equipping with support tools of the following types: tranquilizer guns, electric batons, metal batons, rubber batons, bulletproof vests, knife-catching gloves.

4. Neighborhood Protection Committees shall be considered for equipping with support tools of the following types: electric batons, rubber batons, metal batons, bulletproof vests, knife-catching gloves.

5. Clubs, training and coaching sports facilities with operating licenses shall be considered for equipping with support tools of the following types: electric batons, rubber batons, metal batons.

Chapter III

RESPONSIBILITIES OF AUTHORITIES AND ORGANIZATIONS IN THE WORK OF EQUIPPING, MANAGING MILITARY WEAPONS, EXPLOSIVES, AND SUPPORT TOOLS

Article 10Responsibilities of the Administrative Police Department for Social Order Management

1. Responsibilities of the Administrative Police Department for Social Order

1. Advising competent authorities to draft and promulgate legal normative documents on the management and use of military weapons, explosives, and support tools; directing, guiding, urging, and inspecting local police units in implementing legal documents on the management and use of military weapons, explosives, and support tools.

2. Preventing, detecting, stopping, and combating violations of laws in the management and use of military weapons, explosives, and support tools.

3. Organizing the recovery of military weapons, explosives, and support tools; issuing permits, certificates, and certifications regarding the management and use of military weapons, explosives, and support tools within their authority.

4. Organizing training, instruction, and education on the management and use of military weapons, explosives, and support tools for subjects equipped according to the management authority of the Ministry of Public Security.

Article 11. Responsibilities of subordinate units under the Ministry of Public Security

1. Develop plans for equipping, organizing receipt, distribution, transfer, and mobilization of firearms, military explosives, and support tools for objects within their management scope.

2. Compile and report on the work of equipping, managing, and using firearms, military explosives, and support tools within their management scope.

3. The equipment and warehouse management agency under the Ministry of Public Security shall be responsible for:

a) Developing plans for equipping and distributing firearms, military explosives, and support tools for the People's Police;

b) Establishing standard quotas, ratios, and structures for equipping firearms, military explosives, and support tools for local police units; calculating the reserve quantities of firearms, military explosives, and support tools to be stored in the Ministry of Public Security's warehouses;

c) Establishing quality standards for firearms, military explosives, and support tools;

d) Inspecting and evaluating the quality of firearms, military explosives, and support tools and reporting to competent authorities to liquidate and destroy them according to regulations;

đ) Organizing inspections of the work of equipping, managing, and using firearms, military explosives, and support tools at local police units.

Article 12Responsibilities of provincial public security organs directly under cities organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.Party

1. Develop plans for equipping, organizing receipt, distribution, transfer, and mobilization of firearms, military explosives, and support tools for objects within their management scope.

1. Advising competent authorities to draft and promulgate legal normative documents on the management and use of military weapons, explosives, and support tools; directing, guiding, urging, and inspecting local police units in implementing legal documents on the management and use of military weapons, explosives, and support tools.

3. Inspect and evaluate the quality of firearms, military explosives, and support tools and report to competent authorities to liquidate and destroy them according to regulations.

4. Direct the implementation of the recovery of firearms, military explosives, and support tools within their authority.

5. Organize training, instruction, and training for the management and use of firearms, military explosives, and support tools for equipped objects within their authority.

6. Compile and report on the work of equipping, managing, and using firearms, military explosives, and support tools according to regulations.

Article 13. Responsibilities of agencies, organizations, enterprises equipped with firearms, military explosives, and support tools within the management scope of the Ministry of Public Security

1. Develop plans for equipping, organize receipt, distribution, transfer, mobilization, and recovery of various types of firearms, military explosives, and support tools for objects within their management scope.

2. Implement management, preservation, use, repair, and submission of firearms, military explosives, and support tools according to regulations.

3. Coordinate in organizing training, instruction, and training for the management and use of firearms, military explosives, and support tools for equipped objects within their management scope.

4. Comply with inspection and audit activities in the work of equipping, managing, and using firearms, military explosives, and support tools according to regulations; inspect compliance with regulations on managing and using firearms, military explosives, and support tools within their management scope.

4. Organizing training, instruction, and education on the management and use of military weapons, explosives, and support tools for subjects equipped according to the management authority of the Ministry of Public Security.

Chapter IV

IMPLEMENTATION

Article 14. Effective Date

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

2. This Circular abolishes:

a) Circular No. 06/2014/TT-BCA dated January 25, 2014, issued by the Minister of Public Security regarding the equipping, managing, and using of firearms, explosives, and support tools in the People's Police;

b) Joint Circular No. 06/2013/TTLT-BVHTTDL-BCA dated October 18, 2013, issued by the Ministry of Culture, Sports and Tourism and the Ministry of Public Security regarding the equipping, managing, and using of sports firearms in training and competition;

c) Joint Circular No. 01/2014/TTLT-BNNPTNT-BCA dated January 22, 2014, issued by the Ministry of Agriculture and Rural Development and the Ministry of Public Security regarding the equipping, managing, and using of military firearms and support tools of forest rangers and dedicated forest protection forces;

d) Joint Circular No. 01/2015/TTLT-BNNPTNT-BCA dated January 13, 2015, issued by the Ministry of Agriculture and Rural Development and the Ministry of Public Security regarding the equipping, managing, and using of military firearms, support tools, and specialized equipment of fisheries inspectors.

Article 15. Responsibility for Implementation

1. The Director of the Administrative Management Police Department under the Ministry of Public Security is responsible for guiding, inspecting, and urging the implementation of this Circular.

2. Local police units, organizations, and individuals related thereto are responsible for implementing this Circular.

During the implementation of this Circular, if there are difficulties or obstacles, local police units shall report to the Ministry of Public Security (through the Administrative Management Police Department) for timely guidance.