Decree No. 246/TTg on the issuance of regulations for hunting guns

DECREE

OF THE PRIME MINISTER NO. 246/TTG, DATE 17 MAY 1958 ISSUING REGULATIONS ON THE USE OF HUNTING GUNS

TO PROTECT THE LIVES AND PROPERTY OF THE PEOPLE AND MAINTAIN PUBLIC ORDER AND SECURITY,

PRIME MINISTER

AT THE PROPOSAL OF THE MINISTER OF INTERIOR,

NOW ISSUES THE REGULATIONS ON THE USE OF HUNTING GUNS ATTACHED HERETO.

DECREE

Article 1: The People's Committees of provinces and regions shall specifically define which areas within their jurisdiction fall within mountainous regions and apply special regulations for such areas as provided in these Regulations.

Article 2: The Minister of Interior and the People's Committees of provinces, regions, and cities shall be responsible for implementing this Decree.

Article 3: REGULATIONS ON THE USE OF HUNTING GUNS

USE OF HUNTING GUNS

PART I
Hunting guns referred to herein include various types of guns used for hunting wild animals and birds, such as:

Article 1: - Single and double barrel hunting guns with calibers of 9, 12, 16, 20, 24... or without a specific caliber, automatic or non-automatic;

- Flintlock guns, percussion guns.

Air guns and springless guns are not included within the scope of these Regulations.

Hunting gun ammunition includes:

- Ammunition for hunting guns with calibers of 9, 12, 16, 20, 24... or without a specific caliber;

- Gunpowder, explosive bullets;

- Hunting gun shells loaded with explosives or filled with powder.

Vietnamese citizens aged 18 years and older, except those mentioned in Article 3 below, may use hunting guns for hunting and protecting crops upon permission from the Provincial or Regional Public Security Office.

Article 2: Foreigners may also be considered and granted permits to use hunting guns on a case-by-case basis.

The following persons are not allowed to use hunting guns:

Article 3: - Persons under prosecution;

- Persons under surveillance;

- Persons deprived of citizenship rights;

- Persons with criminal records;

- Persons suffering from illnesses that make using guns dangerous, such as blindness, deafness, loss of mind, insanity, or drunkenness, etc.

Within two months from the date of promulgation of these Regulations, individuals possessing hunting guns must bring them to declare and apply for permission to use hunting guns at the Provincial or Regional Public Security Office where they reside.

Article 4: To apply for permission to use hunting guns, the following documents must be submitted:

- An application for permission to use hunting guns;

- A certified personal history record by the People's Committee of the commune or the Administrative Board of the ward;

- A permit to purchase hunting guns, or a permit to use hunting guns from the previous owner and related documents if available;

- Two new 4x6 inch photographs showing three-quarters of the face without hats or caps.

In mountainous regions defined by the Provincial or Regional People's Committee, ethnic minorities need only declare their hunting guns at the People's Committee of the commune where they reside for examination and issuance of a permit to use hunting guns.

AT Permits to use hunting guns have a maximum validity period of three years. After this period, a new permit must be applied for.

Article 5: Annually from January 1 to December 31, individuals holding permits to use hunting guns must submit for annual inspection at the Provincial or Regional Public Security Office where they reside; ethnic minorities in mountainous regions must submit for inspection at the People's Committee of the commune where they reside. Permits not submitted for annual inspection will lose their validity.

New permits issued within six months are exempt from the first year's inspection.

When changing residence from one province or city to another, individuals with hunting guns must inform the public security organs of both the place of departure and arrival; ethnic minorities in mountainous regions must inform the People's Committee of the commune of both places.

Article 6: If a permit or hunting gun is lost, it must be reported immediately to the public security organ or local administrative body and the issuing authority must be informed.

When a hunting gun is damaged and cannot be used anymore, the permit must be returned to the gun registration office where the individual resides.

It is not permitted to rent or lend hunting guns and permits to others. Ethnic minorities in mountainous regions may allow family members to use their hunting guns, but the gun owner remains responsible.

At any time, when requested by authorities, individuals carrying hunting guns must immediately present their permits and firearms for inspection.

Hunting is prohibited in cities, towns, and market towns (except suburban areas) and in areas designated as off-limits for hunting by the Provincial, Regional, or City People's Committee.

Article 7: It is not allowed to fire hunting guns while traveling on vehicles carrying passengers.

It is not allowed to keep ammunition in the barrel of a hunting gun while on vehicles, boats, or ships, in cities, towns, and market towns (except suburban areas), or in crowded places or public gatherings.

PURCHASE, SALE, REPAIR OF HUNTING GUNS

PART II
Vietnamese citizens aged 18 years and older, except those mentioned in Article 3, who wish to purchase hunting guns must obtain a permit from the Provincial or Regional Public Security Office where they reside. The application must clearly state the purpose of purchasing the gun and must be accompanied by a personal identification form. Ethnic minorities in mountainous regions are exempt from submitting applications and personal histories.

Article 8: Whenever buying, selling, or exchanging hunting guns, a receipt must be made and authenticated by the police station or the People's Committee of the commune. Within five days in urban areas and twenty days in rural areas from the date of purchase or exchange, the parties involved must apply for permission to use hunting guns or request a new permit at the Provincial or Regional Public Security Office.

Article 9: It is not allowed to sell hunting guns and ammunition or repair hunting guns for individuals without a purchase permit or a permit to use hunting guns.

Article 10: It is forbidden to convert military weapons into hunting guns. It is also forbidden to use bombs, mines, grenades, or ammunition from military weapons to make hunting gun ammunition.

Article 11: EXPORTING, IMPORTING, TRADING, MANUFACTURING HUNTING GUNS AND HUNTING GUN AMMUNITION

CHAPTER III
Both Vietnamese and foreigners wishing to bring hunting guns into Vietnam for hunting must obtain permission from the Ministry of Interior of the Democratic Republic of Vietnam. Only with such permission may they bring hunting guns into Vietnam. To take hunting guns out of Vietnam, they must return their hunting gun use permits to the Provincial or Regional Public Security Office and obtain permission to export through the border checkpoint.
At the border checkpoint, they must present their permits, hunting guns, and ammunition for inspection by the authorities. Permits for exporting hunting guns and ammunition from Vietnam must be returned to the border checkpoint public security office.

Article 12: Exporting, importing, trading, and manufacturing hunting guns and hunting gun ammunition will be regulated separately.

Each time registering a hunting gun, the applicant must pay a fee as follows:

Article 13: - 5,000 dong for a hunting gun with a caliber of 9, 12, 16 or a gun of equivalent value.

PART IV
GENERAL PROVISIONS

Article 14: - 1,000 dong for a flintlock gun, percussion gun, or hunting gun with a caliber of 20 and 24, etc.

- Five thousand Vietnamese dong for each shotgun caliber 9, 12, 16, or firearms of equivalent value.

- One thousand Vietnamese dong for each flintlock gun, air gun, or shotgun caliber 20 and 24, etc.

Each time applying for a hunting rifle permit control signature, or each time renewing a new permit, the applicant must pay a fee as follows:

- VND 1,000 for one hunting rifle caliber 9, 12, 16, or a type of gun with equivalent value;

- VND 500 for one flintlock gun, percussion cap gun, or hunting rifle caliber 20, 24, etc...

Ethnic minorities are exempt from paying the aforementioned fees.

Article 15: Anyone who does not comply with these Regulations or uses hunting rifles for illegal acts that disrupt public order and safety, causing damage to state property and the lives and property of citizens, may be subject to penalties based on the severity of the case, including:

- Criticism and warning;

- Fine;

- Suspension of the hunting rifle permit for a period of time, or revocation;

- Confiscation of hunting rifles and ammunition;

- Prosecution before court.

Article 16: The authority to handle violations of these Regulations is as follows:

- The Director and Deputy Director of the Public Security Department or higher have the authority to revoke hunting rifle permits;

- The Provincial People's Committee or District People's Committee has the authority to confiscate hunting rifles or ammunition;

- The authority to criticize, warn, fine, or request prosecution before the court shall be in accordance with current laws.