Joint Circular No. 24/2014/TTLT-BVHTTDL-BCA stipulates the management and use of weapons, explosives, and auxiliary tools as props or for display in cultural and artistic activities.

JOINT CIRCULAR

REGULATIONS ON THE MANAGEMENT AND USE OF WEAPONS, EXPLOSIVE MATERIALS, AND SUPPORT TOOLS AS PROPS OR FOR DISPLAY AND EXHIBITION IN CULTURAL AND ART ACTIVITIES

Pursuant to the Weapons Management and Use Law 2011 and the Law Amending and Supplementing Certain Provisions of the Weapons Management and Use Law 2013;

Pursuant to Decree No. 25/2012/NĐ-CP dated April 5, 2012 detailing the implementation of certain provisions of the Weapons Management and Use Law;

Pursuant to Decree No. 26/2012/NĐ-CP dated April 5, 2012 on procedures, authorities, and funding for the receipt, collection, classification, storage, liquidation, and destruction of weapons, explosive materials, and support tools;

Pursuant to Decree No. 76/2013/NĐ-CP dated July 16, 2013 on the functions, tasks, powers, and organizational structure of the Ministry of Culture, Sports and Tourism;

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;

The Minister of Culture, Sports and Tourism and the Minister of Public Security promulgate this Joint Circular regulating the management and use of weapons, explosive materials, and support tools as props or for display and exhibition in cultural and art activities.

Article 1. Scope of Regulation

Article 1. This Circular stipulates principles, conditions, responsibilities, procedures, inspections, audits, and penalties for violations related to the management and use of weapons, explosive materials, and support tools as props or for display and exhibition in cultural and art activities.

Article 2. The management and use of weapons, explosive materials, and support tools as props or for display and exhibition in the People's Public Security shall be carried out in accordance with other regulatory legal documents.

Article 2. Applicability

This Circular applies to:

1. Vietnamese organizations and individuals and foreign organizations and individuals engaged in cultural and artistic activities in Vietnam.

2. Public security units and localities.

Article 3. Cultural, Sports, and Tourism agencies at all levels.

4. Agencies, organizations, and individuals related.

Article 3. Explanation of Terms

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

Point 1. Props refer to weapons, explosive materials, and support tools used for performance or decoration, creating scenes in film production and artistic performances.

Point 2. Cultural and art activities include film production, artistic performances, fashion shows, cultural and art exhibitions.

Point 3. Film studios include film production facilities and film service production facilities.

Article 4. Principles for the management and use of weapons, explosive materials, and support tools in cultural and art activities

Point 1. Compliance with laws on the management and use of weapons, explosive materials, and support tools, film laws, cultural heritage laws, and other relevant laws.

Point 2. Ensuring safety, without causing damage to people, property, and the environment.

Point 3. Weapons and support tools permitted for use as props may only be handed over by responsible managers to actors or performers for filming or performing at locations according to the film script or cultural and art program content and must be returned immediately after use.

Point 4. The use of weapons, explosive materials, and support tools as props can only be conducted on set or stage, with security guards present and security plans implemented before, during, and after the event.

Article 5. Procedures and formalities for receiving applications and issuing permits for carrying weapons and support tools into and out of the territory of the Socialist Republic of Vietnam for cultural and art displays and exhibitions

Point 1. The Department of Cultural Heritage, the Department of Fine Arts, Photography, and Exhibitions of the Ministry of Culture, Sports and Tourism, based on their assigned functions, tasks, and powers, will receive applications for permits to carry weapons and support tools into and out of the territory of the Socialist Republic of Vietnam for cultural and art displays and exhibitions from organizations and individuals, and propose to the Department of Administrative Police under the Ministry of Public Security to issue the permit.

Point 2. The procedures and formalities for issuing permits to carry weapons and support tools into and out of the territory of the Socialist Republic of Vietnam for cultural and art displays and exhibitions shall be carried out in accordance with the Weapons Management and Use Law and guiding documents.

Article 6. Conditions and responsibilities of agencies, organizations, and individuals in managing and using military weapons, hunting guns, sports weapons, explosives, and auxiliary tools as props or for display and exhibition.

1. Agencies, organizations, and individuals engaged in cultural and artistic activities shall be responsible for using film techniques to create realistic fire and explosion scenes instead of using military weapons, hunting guns, sports weapons, explosives, and auxiliary tools as props in film production and artistic performances.

2. Military weapons, hunting guns, sports weapons, auxiliary tools used as props or for display and exhibition shall be managed and used in accordance with the provisions of the law and must ensure one of the following conditions:

a) Military weapons, hunting guns, sports weapons, auxiliary tools have lost their functional capabilities.

b) Military weapons, hunting guns, sports weapons, auxiliary tools temporarily lose their functional capabilities.

c) Military weapons, hunting guns, sports weapons, explosives, and auxiliary tools that retain their functional capabilities may only be used as props when there are no alternative measures and are consistent with the film script or the content of the artistic performance program. The direct supervisory agency of the cultural and artistic activity agency or organization must issue a written agreement to implement this; if the cultural and artistic activity agency or organization does not have a direct supervisory agency, it must obtain written approval from the Department of Culture, Sports and Tourism where its main office is located. At the same time, the implementation requires coordination between the cultural and artistic activity agency or organization and the agency or unit specified in Clause 4 of this Article or another agency or unit with the appropriate functions and sufficient conditions to ensure security and safety during the use of weapons, explosives, and auxiliary tools.

3. The subjects specified in Clause 1 of this Article shall be responsible for arranging personnel with professional certificates issued by competent authorities to manage and guide the use of weapons, explosives, and auxiliary tools as props in cases stipulated in Clause 2 of this Article in accordance with the provisions of the law.

4. The General Police Department and provincial-level police departments shall be responsible for coordinating with cultural and artistic activity agencies and organizations to implement the provisions of Clause 3 of this Article.

Article 7. Management and use of crude weapons as props or for cultural and artistic display and exhibition

1. Subjects eligible to equip and use crude weapons as props or for cultural and artistic display and exhibition include:

a) Film studios operating in accordance with the Cinema Law;

b) Public museums and non-public museums operating in accordance with the laws on cultural heritage;

c) Artistic performance units operating in accordance with the laws on artistic performances.

2. Crude weapons used as props or for cultural and artistic display and exhibition must be reported and periodically reported annually on management and usage status to the police station, ward, town where the agency, organization's main office is located or the individual resides, as stipulated in Article 16 of Decree No. 25/2012/NĐ-CP dated April 5, 2012 detailing the implementation of certain provisions of the Ordinance on the management and use of weapons, explosives, and auxiliary tools, and Article 12 of Circular No. 30/2012/TT-BCA dated May 29, 2012 of 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 Decree No. 25/2012/NĐ-CP dated April 5, 2012. In cases of exhibitions and displays outside museums, the organizing committee of the exhibition and display program must develop a safety plan and report to the police station, ward, town where the exhibition and display program takes place.

3. Agencies and organizations using crude weapons as props or for cultural and artistic display and exhibition must establish files, maintain records, and document the origin, management, and usage process. After using crude weapons, they must be cleaned, stored according to regulations, and placed in storage or safekeeping areas.

4. Crude weapons that are antiques or national treasures when used for cultural and artistic display and exhibition must be preserved in accordance with the laws on cultural heritage. Crude weapons used as props that are not currently needed must be stored in warehouses or safekeeping areas and must be arranged and preserved in accordance with the regulations.

Article 8. Responsibilities of Heads of Agencies and Organizations Equipped with and Using Simple Weapons as Props or for Cultural and Art Exhibitions

1. The heads of agencies and organizations equipped with and using simple weapons as props or for cultural and art exhibitions shall be responsible in accordance with the provisions of Article 7 of the Ordinance on Management and Use of Weapons, Explosives Materials, and Auxiliary Tools, and the laws on cinematography, cultural heritage, and other relevant laws.

2. The heads of agencies and organizations equipped with and using simple weapons shall decide on the use of simple weapons as props or for cultural and art exhibitions by their respective agencies or organizations.

3. Annually, report to the Ministry of Culture, Sports and Tourism and the Ministry of Public Security (for central agencies and organizations), and report to the Department of Culture, Sports and Tourism, Provincial Police, and Municipal Police under the direct jurisdiction of the Central Government (for local agencies and organizations) on the management and use of simple weapons for consolidation and reporting to the Ministry of Culture, Sports and Tourism and the Ministry of Public Security.

Article 9. Inspection, Supervision, and Handling of Violations

The Department of Culture, Sports and Tourism's Inspection shall cooperate with administrative police forces to inspect, supervise, and handle according to their authority organizations and individuals violating regulations on the management and use of weapons, explosives materials, and auxiliary tools as props or for cultural and art exhibitions.

Article 10. Effective Date

This Circular shall take effect from March 1, 2015.

Article 11. Responsibility for Implementation

1. The Legal Affairs Department of the Ministry of Culture, Sports and Tourism shall assist the Minister of Culture, Sports and Tourism, and the General Administration of Public Security of the Ministry of Public Security shall assist the Minister of Public Security in guiding and supervising the implementation of this Circular.

2. Heads of units directly under the Ministry of Culture, Sports and Tourism, the Ministry of Public Security; Directors of Departments of Culture, Sports and Tourism, Provincial Police, and Municipal Police under the direct jurisdiction of the Central Government, Directors of Fire Prevention and Fighting Departments of Provinces and Municipalities under the direct jurisdiction of the Central Government, and related organizations and individuals shall be responsible for implementing this Circular.

During the implementation process, if there are difficulties or obstacles, organizations and individuals shall report to the Ministry of Culture, Sports and Tourism (through the Legal Affairs Department) and the Ministry of Public Security (through the General Administration of Public Security) for timely guidance.