Circular No. 30/2012/TT-BCA detailing the implementation of certain provisions of the Ordinance on Management and Use of Weapons, Explosives, and Auxiliary Tools and the Decree detailing the implementation of certain provisions of the Ordinance.

CIRCULAR

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Pursuant to the Ordinance on management and use of weapons, explosives, and supporting tools;

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. 77/2009/NĐ-CP dated September 15, 2009 stipulating the Functions, Tasks, Authorities, and Organizational Structure of the Ministry of Public Security;

Considering the proposal of the Director General of the Administrative Police Department for Order and Safety;

The Minister of Public Security issues this Circular detailing the implementation of certain provisions of the Ordinance on management and use of weapons, explosives, and supporting tools and the Decree detailing certain provisions of the Ordinance.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular details the implementation of certain provisions of the Ordinance on management and use of weapons, explosives, and supporting tools (hereinafter referred to as the Ordinance) and Decree No. 25/2012/NĐ-CP dated April 5, 2012 detailing the implementation of certain provisions of the Ordinance (hereinafter referred to as the Decree), including: Issuing permits for using military weapons, transporting military explosives, carrying weapons and supporting tools into and out of the territory of Vietnam in special cases; issuing certificates for using weapons; storing weapons, explosives, and supporting tools; equipping military weapons, crude weapons, and supporting tools; managing and using crude weapons and supporting tools.

2. The management and use of weapons, explosives, and supporting tools within the purview of the Ministry of National Defense are not within the scope of regulation of this Circular.

Article 2. Applicability

This Circular applies to agencies, organizations, and individuals of Vietnam and foreign agencies, organizations, and international organizations residing, entering, exiting, transiting, and operating on the territory of the Socialist Republic of Vietnam (hereinafter referred to as organizations and individuals).

Article 3. Procedures for issuing Permits to carry weapons and supporting tools into and out of the territory of the Socialist Republic of Vietnam in special cases

1. The application dossier for issuing Permits to carry weapons and supporting tools into and out of Vietnam as stipulated in Points a and b, Clause 1 and Points a and c, Clause 2, Article 5 of the Decree includes:

a) A request from the competent authority for permission to carry weapons and supporting tools into or out of Vietnam;

b) An introduction letter from the person making contact;

c) A consent document from the Prime Minister for cases where organizations and individuals carry more than the quantity of weapons specified in Clause 1, Article 6 of the Decree.

2. The application dossier for issuing Permits to carry weapons and supporting tools into and out of Vietnam as stipulated in Point c, Clause 1 and Point b, Clause 2, Article 5 of the Decree includes:

a) The documents specified in Points a and b, Clause 1 of this Article;

b) A copy of the decision or plan of the competent state authority allowing the carrying of weapons and supporting tools into or out for training, sports competitions, exhibitions, displays, sales presentations, product introductions.

3. The dossiers specified in Clauses 1 and 2 of this Article shall be compiled into one set and submitted to the Administrative Police Department for Social Order.

The person named in the introduction letter must present their Identity Card or Passport still valid for use to the officer receiving the dossier.

The request from the competent authority for permission to carry weapons and supporting tools into or out of Vietnam must clearly state the reason, duration of carrying in or out; name, number, date of issuance of the Identity Card or Passport still valid for use of the person carrying weapons and supporting tools; quantity, type, brand, serial number of weapons and supporting tools; ammunition stock, accessories (if any) and means of transport (in case of large quantities); border gate for carrying weapons and supporting tools into or out of Vietnam.

4. Within three working days from the date of receipt of a complete and valid dossier, the Director of the Administrative Police Department for Social Order shall issue the Permit according to regulations; in case of non-issuance, a written response stating the reasons must be provided.

Article 4. Standards for persons entrusted with the storage of weapon warehouses, places for storing explosives, and auxiliary equipment in the People's Public Security

1. Persons entrusted with the storage of weapon warehouses, places for storing explosives, and auxiliary equipment in the People's Public Security must meet the following standards:

a) They must have good moral qualities;

b) Possess adequate health suitable for the assigned work, certified by a healthcare facility at the district level or higher;

c) Hold a professional certificate in managing weapons, explosives, and auxiliary equipment; a certificate of fire prevention and firefighting training;

d) Be thoroughly familiar with internal regulations, management systems, and storage and preservation procedures for weapon warehouses, places for storing explosives, and auxiliary equipment.

2. The General Logistics Department - Technical Service shall take the lead and coordinate with the General Department of Force Building of the People's Public Security and the General Police Department for Administrative Management of Social Order and Safety to specify the authority, content, and training program for issuing professional certificates in managing weapons, explosives, and auxiliary equipment; certification of fire prevention and firefighting training.

Article 5. Storage of Weapons, Explosives, and Auxiliary Equipment

1. Types of reserve weapons, explosives, and auxiliary equipment that are not currently needed for equipping or using must be stored in warehouses or designated storage areas and must be arranged, stored, preserved, and maintained according to regulations.

2. The storage of weapons, explosives, and auxiliary equipment in warehouses and designated storage areas is regulated as follows:

a) All types of weapons, explosives, and auxiliary equipment stored in warehouses must ensure absolute safety. Persons entrusted with managing warehouses and storage areas must strictly adhere to storage principles, warehouse entry and exit procedures. Weapon, explosive, and auxiliary equipment warehouses must meet the standard TCVN-AN 017:2012 issued together with Circular No. 13/2012/TT-BCA dated March 20, 2012, of the Minister of Public Security.

b) Warehouse managers and staff responsible for managing weapons, explosives, and auxiliary equipment must regularly conduct inspections and implement measures to prevent rust, pests, mold, loss, fires, and explosions, perform cleaning inside and outside the warehouse, and clean thoroughly.

3. After using firearms for practice or operations, they must be wiped dry completely, including all parts that come into contact with gunpowder; oil must be applied to moving parts. At the latest two hours after firing, thorough cleaning must be completed; if immediate cleaning is not possible, the barrel and parts directly exposed to gunpowder must be soaked in oil, then washed with soap water or alkaline water.

4. After using auxiliary equipment, the person entrusted with its use must thoroughly clean it and inspect its components according to the manufacturer's procedure. For auxiliary equipment that uses electricity, ensure sufficient power supply to support combat and protection duties. For auxiliary equipment that uses gas or tear gas, ensure the quantity of gas provided by the manufacturer; if expired or substandard, report for disposal and destruction.

5. Annually, staff responsible for managing weapons and auxiliary equipment must cooperate with staff responsible for managing warehouses and storage areas to conduct inspections and propose the transfer of types of weapons and auxiliary equipment. After inspection and quality assessment, if weapons or auxiliary equipment are damaged or have exceeded their service life, propose their disposal and destruction according to regulations.

Chapter II

MANAGEMENT AND USE OF WEAPONS

Article 6. Types of military weapons to be equipped for Forest Rangers forces, specialized anti-smuggling forces of Customs, border gate Customs units, and aviation security forces.

1. The types of military weapons specified in Clause 1, Article 8 of the Decree.

2. In cases where it is necessary to equip with other types of military weapons outside those specified in Clause 1, Article 8 of the Decree, the Ministry of Agriculture and Rural Development, the Ministry of Finance, and the Ministry of Transport shall submit documents to the Ministry of National Defense and the Ministry of Public Security, clearly stating the necessity for equipping, requirements, and purposes of use. Based on the opinions of the Ministry of National Defense and the Ministry of Public Security, the agency in need of equipping shall prepare documents to submit to the Prime Minister for decision.

Article 7. Issuance and Revocation of Permits to Use Military Weapons

1. The issuance and revocation of permits to use military weapons shall be carried out in accordance with the provisions of Article 16 of the Ordinance.

2. Permits to use military weapons shall only be issued for small-caliber handguns and light weapons as specified in Points a and b, Clause 2, Article 3 of the Ordinance. Other types of military weapons shall be implemented in accordance with the provisions of the Ordinance, the Decree, and other relevant regulatory legal documents.

Article 8. Issuance of Certificates to Use Weapons

1. Subjects eligible to receive certificates to use weapons as stipulated in Clause 2, Article 14 of the Ordinance must meet the following criteria:

a) Be a Vietnamese citizen;

b) At least 18 years old;

c) Have a clear record, without criminal records;

d) Meeting the criteria specified in Clause 1, Article 14 of the Ordinance;

đ) Working at agencies or units within the scope of entities entitled to be equipped with weapons;

e) Having received specialized training in weapon management and usage.

2. Heads of police units as specified in this Circular have the authority to issue certificates to use weapons.

3. Annually, when there is a need for training and instruction in weapon usage, agencies or organizations in need must contact the police agencies as specified in this Circular to develop training and instruction plans.

4. Police officers who have completed training at the Academy of Security, Police Academy, or other public security schools do not need to obtain certificates to use weapons. In the case of police officers recruited from outside the public security sector, they shall be treated as subjects specified in Clause 1 of this Article.

5. Certificates to use weapons shall only be issued to individuals assigned to manage and use weapons who have undergone training and instruction. A certificate to use weapons does not replace a permit to use weapons.

Article 9. Agencies Training and Instructing Weapon Usage

The following police units are permitted to train and instruct weapon usage:

1. Public Security Academies, Public Security Schools, and Training and Professional Development Centers;

2. The Administrative Management Department of Social Order under the General Administration of Social Order and Safety;

3. Social Order Administrative Management Departments under provincial and centrally-administered city police forces;

4. The Technical Equipment Management and Supply Department under the General Logistics and Technical Service Administration.

Article 10. Content, Program, Duration of Training and Instruction in Weapon Usage

1. The General Logistics and Technical Service Administration shall take the lead and coordinate with the Public Security Force Construction General Administration and the General Administration of Social Order and Safety to compile the content and program for training and instruction in weapon usage. The training and instruction content includes:

a) Legal regulations on weapon management;

b) Identification, structure, functions, and effects of the equipped weapons;

c) Skills and techniques for using weapons.

2. Agencies and units requiring training and instruction in weapon usage are responsible for the training and instruction costs.

Article 11. Provision of crude weapons for the People's Public Security Force

1. The People's Public Security Force shall be equipped with various types of crude weapons as prescribed in Clause 4, Article 3 of the Ordinance.

2. The subjects eligible to be equipped with crude weapons within the People's Public Security Force include:

a) The Command of Guard Service, the Command of Mobile Police Service;

b) Departments under the General Departments; units directly under the Ministry;

c) Police academies, public security schools, training and vocational development centers engaged in training and instruction;

d) Direct combat departments under provincial and centrally-administered municipal public security services, fire prevention and fighting departments;

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

e) Public security police stations, wards, towns;

3. The provision of crude weapons must be based on the specific functions and tasks of each unit to equip an appropriate quantity and type of crude weapons.

4. Heads of General Departments, Commands, Directors of academies, Principals of public security schools, and Directors of provincial and centrally-administered municipal public security services, Directors of fire prevention and fighting departments shall, based on work requirements, annually develop plans for the provision of crude weapons to be submitted to the Logistics and Technical General Department for reporting to the Ministry leadership for decision.

Article 12. Management and Use of Crude Weapons

1. For crude weapons provided to the subjects specified in Article 13 of the Decree (excluding units under the People's Army, Self-Defense Militia, museums, film studios, artistic performance units), after obtaining a permit from the competent public security agency to purchase crude weapons, they must bring the crude weapons along with the invoice or warehouse release note to the public security agency that issued the purchase permit for registration. Within five working days from the date of receiving complete valid documents, the public security agency will issue a confirmation registration certificate.

2. For crude weapons that are exhibits in museums, props for films, artistic performances, heirlooms, or inherited according to the customs and traditions of ethnic groups, they must declare to the public security police station, ward, town where the organization or unit is located or where they reside to obtain a declaration confirmation certificate. The dossier includes:

a) A request letter from the organization or individual;

b) An inventory of crude weapons;

c) Documents proving the origin and source of the crude weapons (if available);

d) An introduction letter from the person making contact (for organizations).

The person making contact must present their Identity Card or Passport still in effect to the file reception officer. Within five working days from the date of receiving complete valid documents, the public security police station, ward, town must issue a declaration confirmation certificate.

3. While performing duties in an organized manner, the use of crude weapons must follow the orders of authorized persons. When performing independent duties, the use of crude weapons shall comply with the law on self-defense and adhere to the following principles:

a) Must base decisions on the specific situation, nature, and level of danger of the violation when deciding to use crude weapons;

b) Shall only use crude weapons when there are no other measures to prevent the behavior of the subject and after issuing a verbal warning but the subject does not comply;

c) Shall not use crude weapons against women, disabled people, children, except in cases where these subjects use firearms, explosives, or supporting tools to attack or resist, threatening the lives or health of those performing duties or others;

d) In all cases of using crude weapons, the user must minimize damage caused by the use of crude weapons.

4. Persons assigned crude weapons (except for crude weapons as prescribed in Clause 2 of this Article) may use them in the following situations:

a) Situations prescribed in Clause 3, Article 22 of the Ordinance;

b) Preventing individuals who are directly threatening the lives or health of others;

c) Arresting individuals as prescribed by law;

d) Implementing lawful self-defense.

Article 13. Responsibilities of research, manufacturing, production, and repair facilities for crude weapons

1. Must maintain full security and order conditions throughout the operation process.

2. Implement periodic reports on the situation and results of implementing security and order conditions as prescribed by law.

3. Repair facilities for crude weapons may only repair such weapons pursuant to a Repair Permit issued by the competent public security authority to permitted entities.

4. Research, manufacturing, and production facilities for crude weapons may only sell crude weapons pursuant to a Purchase Permit issued by the competent public security authority.

5. When purchasing crude weapons from each other, enterprises must obtain a written agreement from the Administrative Management Police Department regarding social order.

Chapter III

MANAGEMENT AND USE OF MILITARY EXPLOSIVES

Article 14. Procedures for Issuing Permits for Transporting Military Explosives

1. The application dossier for a Permit for Transporting Military Explosives includes:

a) A request for issuance of a Permit for Transporting Military Explosives;

b) A copy of the decision allowing transport of explosives or military orders of the authorized person;

c) An introduction letter of the person making contact.

The person named in the introduction letter shall be responsible for presenting their Identity Card or Passport still valid to the officer receiving the dossier.

2. The above dossier shall be prepared in one set and submitted to the public security agency specified in Article 15 of this Circular. Within three working days from the date of receipt of complete and valid dossiers, the public security agency shall issue the Permit according to regulations.

Article 15. Authority to Issue Permits for Transporting Military Explosives

1. The Administrative Management Police Department issues Permits for Transporting Military Explosives to units under the Ministry of Public Security.

2. The Provincial Public Security Administrative Management Police Department issues Permits for Transporting Military Explosives to local units.

Chapter IV

MANAGEMENT AND USE OF SUPPORT TOOLS

Article 16. Conditions for Import, Export, and Business Operations of Support Tools

1. Meet the conditions stipulated in Clause 1 and Clause 2 of Article 26 of the Decree.

2. Comply with the planning for import, export, and business operations of support tools as prescribed by the Ministry of National Defense and the Ministry of Public Security. Such planning must ensure the following principles:

a) Import, export, and business operations of support tools are among the restricted and conditional business sectors as prescribed by law;

b) In addition to import, export, and business operations of support tools under the Ministry of Public Security that have been established and operate in accordance with the law, central cities are not allowed to establish more than two such facilities or enterprises;

c) Nationwide, existing and newly established import, export, and business operations of support tools shall not exceed twenty facilities or enterprises.

Article 17. Provision of Support Tools in the People's Public Security Force

1. The People's Public Security Force is equipped with types of support tools as prescribed in Clause 9, Article 3 of the Ordinance.

2. The subjects eligible for provision of support tools as prescribed in Clause 2, Article 11 of the Circular.

3. The provision of support tools must be based on the specific functions and tasks of each unit to equip the appropriate quantity and type of support tools.

Article 18. Management and use of support tools

1. For types of support tools that do not require a Usage Permit as stipulated in Clause 1, Article 21 of the Decree, after purchasing, the person must bring the support tool along with the invoice or warehouse release note to the police agency that issued the Purchase Permit for registration. Within five working days from the date of receiving complete valid documents, the police agency shall issue a Registration Confirmation Certificate.

2. The use of support tools shall be carried out in accordance with the provisions of Clauses 3 and 4, Article 12 of this Circular.

Article 19. Responsibilities of research, production, manufacturing, trading, and repair establishments of support tools

1. Must comply with the provisions of Clauses 1 and 2, Article 13 of this Circular.

2. Establishments with the function of repairing support tools may only repair support tools according to the Repair Permit issued by the competent police authority.

3. Research, production, manufacturing, and trading establishments of support tools may only sell support tools according to the Purchase Permit issued by the competent police authority.

4. When research, production, manufacturing, and trading establishments of support tools purchase from each other for trading purposes, the buyer must prepare a file requesting the Administrative Order Maintenance Police Bureau to issue a Purchase Permit. The file includes:

a) A request for issuance of a Purchase Permit, specifying the quantity and type of support tools; name and address of the selling establishment;

b) An introduction letter of the person making contact.

The person making contact must present their Identity Card or Passport still in effect to the staff receiving the file. Within five working days from the date of receiving complete valid files, the Administrative Order Maintenance Police Bureau shall issue the Purchase Permit as prescribed.

Chapter V

RESPONSIBILITIES OF AUTHORITIES AND UNITS IN THE WORK OF MANAGING WEAPONS, EXPLOSIVES, AND SUPPORT TOOLS

Article 20. Responsibilities of subordinate units under the Ministry of Public Security

1. The General Administration of Public Order and Social Security has the responsibility:

a) To direct and organize the implementation of legal regulations on the management and use of weapons, explosives, and support tools within its jurisdiction;

b) To coordinate with related units to organize the dissemination and popularization of legal regulations on the management and use of weapons, explosives, and support tools; to organize training, instruction, and education for units inside and outside the police force on the work of managing and using weapons, explosives, and support tools;

c) To issue and revoke permits for equipping, using, purchasing, carrying, and transporting weapons, explosives, and support tools, and Certificates of Weapon Use for subjects under central agencies within its jurisdiction;

d) To inspect, audit, and handle violations of units permitted to equip and use weapons, explosives, and support tools within and outside the police force under its management;

đ) To manage research, production, manufacturing, repair, and trading establishments of weapons, explosives, and support tools;

e) To study and apply science and technology to the work of managing and using weapons, explosives, and support tools;

g) To organize statistics and compile situations regarding the management of weapons, explosives, and support tools within its jurisdiction;

h) To implement international cooperation in the management of weapons, explosives, and support tools.

2. The General Logistics and Technical Department has the responsibility:

a) To develop a list of equipment for weapons, explosives, and support tools for each force within the People's Public Security;

b) To equip and distribute weapons, explosives, and support tools within the public security force;

c) To procure, import, and export various types of weapons, explosives, and support tools within the public security force in accordance with regulations;

d) To research, produce, and import various types of weapons and support tools for equipping units within the People's Public Security;

đ) To take the lead and coordinate with authorized units to organize training, education, and compile textbooks and curricula on the management and use of weapons, explosives, and support tools.

3. The General Administration of Crime Prevention and Suppression has the responsibility:

a) To take the lead and coordinate with the General Administration of Public Order and Social Security and related units to prevent and combat violations of laws on the management and use of weapons, explosives, and support tools.

b) To take the lead and coordinate with security forces and related agencies in preventing and combating illegal trade and transportation of weapons, explosives, and support tools across borders.

4. Departments, Corps, subordinate units of the Ministry, academies, and schools of the People's Public Security shall base their functions and tasks assigned to effectively organize the implementation of the work of managing and using weapons, explosives, and support tools as prescribed.

Article 21. Responsibilities of the Public Security Departments of provinces and centrally governed cities

1. Advising the provincial People's Committee to issue and implement guiding documents on the management and use of weapons, explosives materials, auxiliary tools according to their authority.

2. Propaganda and dissemination of regulatory legal documents on the management and use of firearms, explosives, and auxiliary tools.

3. Organize training, instruction, and education for units within and outside the Public Security sector on the management and use of firearms, explosives, and auxiliary tools according to their authority.

4. Issue and revoke various types of permits for equipping, using, purchasing, and transporting firearms, explosives, and auxiliary tools, and Certificates of Firearm Usage for subjects within their authority.

5. Inspect, audit, and handle violations by agencies and units permitted to equip and use firearms, explosives, and auxiliary tools within and outside the Public Security sector according to regulations.

6. Statistics, compile, and report on the situation of the management and use of firearms, explosives, and auxiliary tools according to their authority.

Article 22. Responsibilities of Ministries, sectors, and People's Committees of provinces and centrally governed cities

Within the scope of their functions, tasks, and powers, Ministries, sectors, and People's Committees of provinces and centrally governed cities are responsible for providing data to serve national statistical work for the Ministry of Public Security and implementing other tasks related to state management of firearms, explosives, and auxiliary tools according to their authority.

Chapter VI

IMPLEMENTATION

Article 23. Effectiveness of Implementation

This Circular takes effect from July 20, 2012, and replaces Circular No. 05/TT-BNV(C13) dated September 28, 1996, issued by the Ministry of Home Affairs (now the Ministry of Public Security), guiding the implementation of certain issues under Decree No. 47/CP dated August 12, 1996, on the management of firearms, explosives, and auxiliary tools.

Article 24. Responsibility for Implementation

1. The Director of the Administrative Management of Public Order and Social Safety Bureau shall be responsible for guiding and inspecting the implementation of this Circular.

2. Directors of General Departments, heads of units directly under the Ministry, rectors of academies, principals of public security schools, directors of provincial and centrally governed city public security departments, directors of provincial fire prevention and firefighting departments, and relevant organizations and individuals are responsible for implementing this Circular.

In the course of implementation, if any difficulties arise, organizations, individuals, and public security units and localities shall report to the Ministry of Public Security (through the Administrative Management Bureau of Public Order and Social Safety) for timely guidance./.