Decree No. 26/2012/NĐ-CP on the procedures, formalities, authorities, and funding for receiving, collecting, sorting, storing, liquidating, and destroying weapons, explosives, and auxiliary tools.

DECREE

Regulations on procedures, formalities, authorities, and funding for receiving, collecting, classifying, storing, liquidating, and destroying weapons, explosives, and auxiliary tools.

Regulations on procedures, formalities, authorities, and funding for receiving, collecting, classifying, storing, liquidating, and destroying weapons, explosives, and auxiliary tools.

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Pursuant to the Law on Organization of the Government dated December 25, 2001;

Based on the Ordinance on Management and Use of Weapons, Explosives, and Auxiliary Tools dated June 30, 2011;

At the proposal of the Minister of Public Security,

The Government issues this Decree to regulate the procedures, formalities, authorities, and funding for receiving, collecting, classifying, storing, liquidating, and destroying weapons, explosives, and auxiliary tools.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. This Decree regulates the procedures, formalities, authorities, and funding for receiving, collecting, classifying, storing, liquidating, and destroying weapons, explosives, and auxiliary tools.

2. Activities related to mine clearance and bomb disposal under the programs and plans of the Government and the Ministry of Defense; the reclassification, storage, liquidation, and destruction of weapons, explosives, and auxiliary tools equipped in the Public Security Forces, Military Forces, and Self-Defense Forces do not fall within the scope of regulation of this Decree.

Article 2. Applicability

This Decree applies to agencies, organizations, and individuals in Vietnam; foreign agencies, organizations, and individuals operating in Vietnam that are related to reporting, surrendering, receiving, collecting, classifying, storing, liquidating, and destroying weapons, explosives, and auxiliary tools.

Article 3. Explanation of Terms

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

1. Weapons, explosives, and auxiliary tools received and collected include: military firearms, hunting rifles, crude weapons, sports weapons, other types of weapons with similar functions; explosives; auxiliary tools; accessories of various types of weapons, explosives, and auxiliary tools and ammunition used for weapons and auxiliary tools; explosive materials from bombs, mines, grenades, shells, explosive devices, torpedoes, fire arms.

2. Receiving weapons, explosives, and auxiliary tools: Is the act of organizing the receipt of weapons, explosives, and auxiliary tools handed over or transferred by agencies, organizations, or individuals.

3. Collecting weapons, explosives, and auxiliary tools: Is the act of organizing the recovery of weapons, explosives, and auxiliary tools discovered, reported, or denounced by organizations or individuals but whose responsible managing agency or individual cannot be identified, or weapons, explosives, and auxiliary tools remaining in society after war.

4. Classifying weapons, explosives, and auxiliary tools: Is the act of analyzing and evaluating the quality, usability value, dangerous characteristics, and statistics according to the types of weapons, explosives, and auxiliary tools received and collected.

5. Liquidating weapons, explosives, and auxiliary tools: Is the act of removing them for destruction of weapons, explosives, and auxiliary tools received and collected.

6. Destroying weapons, explosives, and auxiliary tools: Is the act of implementing measures to render weapons, explosives, and auxiliary tools received and collected incapable of being restored to their functional and operational capabilities.

Article 4. Weapons, explosives, and auxiliary tools received and collected

1. Weapons, explosives, and auxiliary tools of agencies, organizations, or individuals not permitted to be equipped or owned according to the provisions of the law.

2. Weapons, explosives, and auxiliary tools of agencies, organizations, or individuals equipped or supplied for use according to the provisions of the law but are damaged, past their expiration date, or no longer needed, or according to the provisions of the law do not belong to the category of equipment, management, and use.

3. Weapons, explosives, and auxiliary tools related to cases already processed by competent authorities according to the provisions of the law; weapons, explosives, and auxiliary tools discovered and seized by competent agencies.

4. Weapons, explosives, and auxiliary tools discovered by agencies, organizations, or individuals but whose responsible managing agency or individual cannot be identified; weapons, explosives, and auxiliary tools remaining in society after war.

5. Explosives not included in the list of those permitted to be used in Vietnam.

Article 5. Excavation and Search for Military Weapons and Explosive Materials

1. Organizations and individuals with needs and who have been granted permission in writing by the People's Committee of the district, town, city under provincial jurisdiction (hereinafter referred to as the district level) may request specialized units specified in Clause 2 of this Article to carry out excavation and search for military weapons and explosive materials.

The application dossier for excavation and search for military weapons and explosive materials submitted to the People's Committee at the district level shall include the application letter and a certified copy of the documents proving the lawful use or management or construction work of the location where excavation and search for military weapons and explosive materials are proposed by the organization or individual making the application. In cases where excavation and search for military weapons and explosive materials are required in other areas, the People's Committee of the commune, ward, town (hereinafter referred to as the People's Committee at the commune level) or the public security or military agency at the district level must submit a written request to the People's Committee at the district level for a decision. Within the latest five working days from the date of receipt of the dossier, the agency receiving the dossier from the organization or individual must issue a written response on the result.

2. Only technical units specializing in military weapons of the Army and Public Security are permitted to carry out the search and excavation of military weapons and explosive materials.

Article 6. Principles for Acceptance, Collection, Classification, Storage, Liquidation, and Destruction of Military Weapons, Explosive Materials, and Auxiliary Tools

1. All military weapons, explosive materials, and auxiliary tools discovered, reported, handed over, surrendered, or seized (including those seized by competent authorities but without management authority) must be transferred to the Military Agency or Public Security Agency for handling according to regulations.

2. Personnel involved in acceptance, collection, classification, storage, liquidation, and destruction of military weapons, explosive materials, and auxiliary tools must be trained in military weapon expertise and equipped with protective devices to ensure safety.

3. Acceptance, collection, classification, storage, liquidation, and destruction of military weapons, explosive materials, and auxiliary tools must ensure safety and minimize environmental impact. Transportation of accepted and collected military weapons, explosive materials, and auxiliary tools must use specialized vehicles or other means but must ensure safety.

4. Acceptance and collection of military weapons, explosive materials, and auxiliary tools must be carried out regularly or through campaigns.

5. Military weapons, explosive materials, and auxiliary tools that still have value for use after classification will be put into use according to legal provisions.

Chapter II

PROCEDURES AND FORMALITIES FOR ACCEPTANCE, COLLECTION, CLASSIFICATION, STORAGE, LIQUIDATION,

DESTRUCTION OF MILITARY WEAPONS, EXPLOSIVE MATERIALS, AND AUXILIARY TOOLS

Article 7. Campaign to Encourage Surrender of Military Weapons, Explosive Materials, and Auxiliary Tools

1. Based on actual circumstances, the Ministry of Public Security shall take the lead and guide relevant ministries and agencies at the central level and People's Committees of provinces and centrally-administered cities (hereinafter collectively referred to as the People's Committee at the provincial level) to direct the implementation of a campaign to encourage surrender of military weapons, explosive materials, and auxiliary tools nationwide.

2. The People's Committee at the provincial level shall be responsible for directing and guiding People's Committees at all levels and functional agencies within its management authority to organize a campaign to encourage surrender of military weapons, explosive materials, and auxiliary tools locally.

3. Procedures for organizing the campaign

a) Issuing directives and guidelines for implementation.

b) Conducting publicity related to the organization of the campaign, focusing on clearly stating the responsibilities of functional agencies, local authorities at all levels, and the responsibilities and benefits of organizations and individuals surrendering.

c) Specifying the locations for acceptance and publicly announcing them through mass media.

d) Specifying the participants in the campaign.

đ) Preparing necessary conditions to serve the acceptance and collection process.

e) Organizing the acceptance process.

Article 8. Competence to Receive, Collect, Categorize, Liquidate, and Destroy Weapons, Explosive Materials, and Auxiliary Tools

1. Receiving, Collecting, Categorizing

a) Military agencies, Public Security agencies, People's Committees at the commune level or higher have the authority to receive and collect weapons, explosive materials, and auxiliary tools.

b) Military agencies, Public Security agencies at the district, town, city under province levels (hereinafter referred to as district level), battalion level or higher are responsible for categorizing weapons, explosive materials, and auxiliary tools that have been received and collected.

2. Liquidation

The immediate superior agency of the agency specified in Point b Clause 1 of this Article has the authority to decide on the liquidation of weapons, explosive materials, and auxiliary tools for destruction purposes.

3. Destruction

Military agencies, Public Security agencies at the district level, battalion level or higher shall carry out the destruction of weapons, explosive materials, and auxiliary tools after receiving a liquidation decision.

Article 9. Procedures and Formalities for Receiving and Collecting Weapons, Explosive Materials, and Auxiliary Tools

1. Procedures and Formalities for Receiving

a) Establish a receipt book and record all relevant information related to the surrender of weapons, explosive materials, and auxiliary tools.

b) Prepare a handover protocol. The protocol is established in two copies, one copy given to the agency, organization, or individual handing over, and one copy retained by the receiving agency.

2. Procedures and Formalities for Collecting

a) Prepare a protocol and record all relevant information related to the collected weapons, explosive materials, and auxiliary tools, as well as information related to the agency, organization, or individual reporting and providing information.

b) In cases where the managing unit of weapons, explosive materials, and auxiliary tools cannot be identified or where such items remain outside society after a war, they must be organized for protection and collection according to the authority.

c) For bombs, mines, grenades, explosive devices, torpedoes, depth charges, pyrotechnic devices, explosive materials, missile warheads, artillery shells, and various types of artillery shell warheads or other weapons requiring specialized military technical handling, the Public Security agency or People's Committee receiving the information must immediately notify the military agency from the district level upwards to collect and handle.

d) Carry out the collection.

3. If the agency receiving weapons, explosive materials, and auxiliary tools suspects signs related to criminal activities, it must consult with the competent authority to take appropriate measures in accordance with the law.

Article 10. Organization for Handing Over Weapons, Explosive Materials, and Auxiliary Tools

1. The establishment of statistics for transferring to the military agency for handling according to regulations for bombs, mines, grenades, explosive devices, torpedoes, depth charges, pyrotechnic devices, explosive materials, missile warheads, artillery shells, and various types of artillery shell warheads that have been received and collected is carried out as follows:

a) Public Security agencies and People's Committees at the commune and district levels establish statistics for transferring to the military agency at the district level.

b) Public Security agencies at the provincial level and units under the Ministry of Public Security establish statistics for transferring to the military agency at the provincial level.

When transferring, a protocol must be established, accompanied by a detailed statistical table specifying the type, quantity, and source.

2. The transportation of the transferred weapons and explosive materials according to the provisions of Clause 1 of this Article shall be handled by the specialized force of the military agency.

3. The Ministry of National Defense shall specify in detail the procedures for receiving, collecting, storing, liquidating, and destroying bombs, mines, grenades, explosive devices, torpedoes, depth charges, pyrotechnic devices, explosive materials, missile warheads, artillery shells, and various types of artillery shell warheads that have been received and collected or transferred by agencies and units outside the military.

Article 11. Storage of firearms, explosives, and auxiliary equipment received and collected

1. Firearms, explosives, and auxiliary equipment that have been received and collected must be stored strictly in accordance with regulations. There must be internal rules and fire prevention and extinguishing plans. They shall not be stored together in weapons and equipment warehouses, document warehouses, or material warehouses of units.

2. The Minister of National Defense shall issue standards for warehouses storing firearms, explosives, and auxiliary equipment within their management scope; the Minister of Public Security shall issue standards for warehouses storing firearms, explosives, and auxiliary equipment outside the management scope of the Ministry of National Defense.

Article 12. Procedures and formalities for classification, liquidation, destruction, and supervision of destruction of firearms, explosives, and auxiliary equipment

1. Firearms, explosives, and auxiliary equipment that have been received and collected must be inventoried and classified to determine quality and value for use in processing.

2. Procedures and formalities for classification and liquidation

a) Military and Police agencies at the district level or higher, or at the regiment level or above, are responsible for classifying firearms, explosives, and auxiliary equipment that have been received and collected to propose to the directly superior agency to decide on handling according to Clause 5, Article 6 of this Decree or for liquidation and destruction.

b) When receiving the proposal document, the superior agency must review and provide comments in writing regarding permission to put into use the firearms, explosives, and auxiliary equipment still having value for use or establish a Liquidation Board to decide on liquidation (hereinafter referred to as the Liquidation Board). The Liquidation Board consists of:

- A representative from the authority with the power to decide on liquidation serves as the Chairman of the Board;

- A representative from the technical department of military equipment at the same level; the agency proposing liquidation of firearms, explosives, and auxiliary equipment is a member of the Board.

3. Procedures and formalities for destruction

a) After being permitted by the Liquidation Board to destroy, the agency proposing liquidation must submit a proposal to the People's Committee at the district level or the directly superior agency managing the unit at the regiment level to approve the establishment of a Destruction Board and the destruction plan. The Destruction Board is responsible for supervising the entire destruction process of firearms, explosives, and auxiliary equipment.

The Destruction Board consists of:

- A representative from the agency proposing liquidation serves as the Chairman of the Board.

- A representative from the technical department of military equipment and the environmental protection agency at the district level, and the People's Committee at the commune where the destruction site is located, serve as members of the Board.

b) Destruction Plan

The destruction plan includes the following contents: Quantity of firearms, explosives, and auxiliary equipment to be destroyed; time, location, and method of destruction; safety measures, measures to limit impact on the environment, and other necessary requirements.

c) In cases where firearms and explosives pose a risk of loss of safety and require urgent handling, there is no need to establish a Liquidation Board or Destruction Board, but the head of the Military or Police agency at the district level or at the regiment level or above decides on destruction. After destruction, a written report must be submitted to the superior authority with the power to decide on liquidation.

d) After destruction, a site inspection must be conducted to ensure that all firearms, explosives, and auxiliary equipment have lost their ability to restore functionality. The results of the destruction must be recorded in a protocol, confirmed by the Chairman and members of the Board.

Chapter III

RESPONSIBILITIES FOR RECEIVING, COLLECTING, CLASSIFYING, STORING, LIQUIDATING, AND DESTROYING

DESTRUCTION OF MILITARY WEAPONS, EXPLOSIVE MATERIALS, AND AUXILIARY TOOLS

Article 13. Responsibilities of the Ministry of Public Security

1. Guide, direct, inspect, and organize the implementation of work related to receiving, collecting, classifying, storing, liquidating, and destroying firearms, explosives, and auxiliary equipment within their jurisdiction, specifically:

a) Firearms, explosives, and auxiliary equipment handed over or illegally stored and used by agencies, organizations, or individuals;

b) Firearms, explosives, and auxiliary equipment remaining in society after war;

c) Firearms, explosives, and auxiliary equipment related to cases that have been processed according to regulations or discovered, seized, or whose origin cannot be determined by competent authorities.

2. Specify the procedures for receiving, collecting, storing, classifying, liquidating, and destroying firearms, explosives, and auxiliary equipment.

3. Direct public security agencies at all levels to cooperate with military agencies and relevant functional agencies to advise the People's Committees at the same level to direct the implementation of work related to receiving, collecting, classifying, storing, liquidating, and destroying firearms, explosives, and auxiliary equipment.

4. Specify the responsibilities of public security agencies at units and localities in receiving, collecting, classifying, storing, liquidating, and destroying firearms, explosives, and auxiliary equipment.

5. Organize nationwide campaigns to encourage the surrender of firearms, explosives, and auxiliary equipment.

6. Direct, inspect, and guide public security agencies at units and localities to inventory types of bombs, mines, grenades, torpedoes, underwater mines, pyrotechnic devices, explosives, missile warheads, artillery shells, and shell warheads that have been received or collected for handover to military agencies.

7. Specify the procedures for inspecting, reclassifying, storing, liquidating, and destroying firearms, explosives, and auxiliary equipment equipped and used in the public security sector.

8. Propose or issue, amend, and supplement legal normative documents related to work on receiving, collecting, classifying, storing, liquidating, and destroying firearms, explosives, and auxiliary equipment.

9. Summarize and evaluate the situation and results of work on receiving, collecting, classifying, storing, liquidating, and destroying firearms, explosives, and auxiliary equipment within the scope and jurisdiction of management.

10. Specify and organize training and instruction on military equipment for officers and soldiers engaged in work related to receiving, collecting, classifying, storing, liquidating, and destroying firearms, explosives, and auxiliary equipment within the scope and jurisdiction of management.

Article 14. Responsibilities of the Ministry of National Defense

1. Guide, direct, inspect, and organize the implementation of work related to receiving, collecting, classifying, storing, liquidating, and destroying firearms, explosives, and auxiliary equipment within their jurisdiction; coordinate with People's Committees and public security agencies in implementing this work.

2. Specify the procedures for receiving, collecting, storing, classifying, liquidating, and destroying firearms, explosives, and auxiliary equipment within their jurisdiction.

3. Regulations on inspection, reclassification, storage, disposal, and destruction of weapons, explosives, and auxiliary equipment equipped in the Military and Self-Defense Forces.

4. To propose or issue, amend, and supplement relevant legal documents concerning the reception, collection, classification, storage, disposal, and destruction of weapons, explosives, and auxiliary equipment.

5. To conduct mid-term and final evaluations to assess the situation and results of organizing the reception, collection, classification, storage, disposal, and destruction of weapons, explosives, and auxiliary equipment.

6. To establish and organize training for officers and soldiers involved in the reception, collection, classification, storage, disposal, and destruction of weapons, explosives, and auxiliary equipment.

Article 15. Responsibilities of Ministries, sectors, People's Committees of provinces and centrally governed cities

Ministers, Heads of ministerial-level agencies equivalent to ministries, and Heads of government agencies, Chairpersons of People's Committees of provinces and centrally governed cities shall direct agencies and units under their management to perform tasks based on their functions and authorities:

1. To strictly and effectively implement the provisions of this Decree according to their functions and authorities.

2. To direct functional units under their management to periodically, annually, coordinate with military or police agencies to inspect and evaluate the quantity and quality of weapons, explosives, and auxiliary equipment that are equipped, managed, and used, and take measures as prescribed.

Article 16. Responsibilities of agencies, organizations, and individuals in surrendering weapons, explosives, and auxiliary equipment

1. Agencies, organizations, and individuals who are not authorized to equip or possess weapons, explosives, and auxiliary equipment as prescribed by law must surrender such items from any source (including those discovered and recovered by competent agencies during the performance of duties) to the police or military agencies for handling according to this Decree.

2. Agencies, organizations, and individuals voluntarily surrendering weapons, explosives, and auxiliary equipment are encouraged and will not be considered violations. Those with achievements in discovering and reporting to competent agencies for recovery of weapons, explosives, and auxiliary equipment will be rewarded according to the law.

Cases of storing, transporting, buying, selling, or using weapons, explosives, and auxiliary equipment illegally will be dealt with strictly according to the law.

Chapter IV

EXPENSES FOR THE RECEPTION, COLLECTION, STORAGE, DISPOSAL,

DESTRUCTION OF MILITARY WEAPONS, EXPLOSIVE MATERIALS, AND AUXILIARY TOOLS

Article 17. Sources of funds to ensure the implementation of the work of receiving, collecting, storing, disposing, and destroying weapons, explosives, and auxiliary equipment

1. State budget.

2. Voluntary contributions and sponsorships from domestic organizations and individuals and foreign organizations and individuals.

3. Other sources of funds as prescribed by law.

The Ministry of National Defense and the Ministry of Public Security are responsible for annually preparing budgets to send to the Ministry of Finance for consolidation.

Article 18. Use of funds in the work of receiving, collecting, storing, disposing, and destroying weapons, explosives, and auxiliary equipment

Funds to ensure the implementation of the work of receiving, collecting, storing, disposing, and destroying weapons, explosives, and auxiliary equipment shall be used for the following purposes:

1. Investment expenses including basic construction investment expenses; expenses for purchasing equipment and devices serving the work of receiving, collecting, storing, disposing, and destroying weapons, explosives, and auxiliary equipment.

2. Operating expenses including expenses for the activities and maintenance of regular operations of forces performing the work of receiving, collecting, storing, disposing, and destroying weapons, explosives, and auxiliary equipment; expenses for training and professional development in weaponry; expenses for propaganda and mobilization for the surrender of weapons, explosives, and auxiliary equipment, and other necessary expenses as prescribed by law.

The Ministry of Finance shall lead and coordinate with the Ministry of Public Security to specifically regulate the financial management and use system to ensure the work of receiving, collecting, storing, disposing, and destroying weapons, explosives, and auxiliary equipment.

Chapter V

IMPLEMENTING PROVISIONS

Article 19. Effective Date

This Decree takes effect from May 20, 2012.

Article 20. Responsibility for Implementation

1. The Ministers of the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, and related ministries and sectors within their respective functions and powers are responsible for guiding and organizing the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree./.