Circular No. 31/2012/TT-BCA detailing the procedures for receiving, collecting, classifying, storing, liquidating, and destroying firearms, explosives, and auxiliary tools.

CIRCULAR

Regulations on receiving, collecting, sorting, storing, liquidating,

destroying weapons, explosives, and auxiliary tools

________________

Based on Decree No. 26/2012/NĐ-CP dated April 5, 2012 detailing procedures, formalities, authorities, and funding for receiving, collecting, sorting, storing, liquidating, and destroying weapons, explosives, and auxiliary tools;

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 Police Administration for Social Order and Safety;

The Minister of Public Security issues this Circular detailing regulations on receiving, collecting, sorting, storing, liquidating, and destroying weapons, explosives, and auxiliary tools.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. This Circular details implementation of certain provisions of Decree No. 26/2012/NĐ-CP dated April 5, 2012 detailing procedures, formalities, authorities, and funding for receiving, collecting, sorting, storing, liquidating, and destroying weapons, explosives, and auxiliary tools (hereinafter referred to as Decree No. 26/2012/NĐ-CP), including: Excavation and search for military weapons and explosives; mobilization for surrender, receiving, collecting, storing, transferring, sorting, liquidating, and destroying weapons, explosives, and auxiliary tools; funding for receiving, collecting, sorting, storing, liquidating, and destroying weapons, explosives, and auxiliary tools; and responsibilities of public security units and localities.

Article 2. Receiving, collecting, sorting, storing, liquidating, and destroying weapons, explosives, and auxiliary tools equipped for the People's Public Security Forces, the People's Army, and Self-Defense Forces does not fall within the scope of regulation of this Circular.

Article 2. Applicability

This Circular applies to agencies, organizations, and individuals in Vietnam; foreign agencies, organizations, and individuals operating in Vietnam related to receiving, collecting, sorting, storing, liquidating, and destroying weapons, explosives, and auxiliary tools.

Chapter II

RECEIVING, COLLECTING, SORTING, LIQUIDATING, AND DESTROYING

WEAPONS, EXPLOSIVES, AND AUXILIARY TOOLS

Article 3. Mobilizing the surrender of weapons, explosives, and auxiliary tools

Clause 1. Agencies, organizations, and individuals (hereinafter referred to as organizations and individuals) voluntarily surrendering weapons, explosives, and auxiliary tools are encouraged and confidentiality is ensured by the receiving agency upon request.

Clause 2. Based on actual circumstances, the Ministry of Public Security guides the launch of campaigns to mobilize the surrender of weapons, explosives, and auxiliary tools nationwide.

Clause 3. Provincial-level People's Committees (hereinafter referred to as provincial-level People's Committees) direct and guide the launch of campaigns to mobilize the surrender of weapons, explosives, and auxiliary tools in their respective jurisdictions.

Clause 4. At all levels, People's Committees establish Steering Committees for campaigns to mobilize the surrender of weapons, explosives, and auxiliary tools at the local level, consisting of:

Point a) A representative from the leadership of the People's Committee serving as Chair.

Point b) A representative from the leadership of the police and military agencies at the same level serving as Deputy Chair.

Point c) Representatives from the leadership of financial agencies, the United Front Committee, and other relevant agencies serving as members.

Clause 5. The surrender and receipt of weapons, explosives, and auxiliary tools shall be conducted at locations designated by the competent authority responsible for receiving and collecting. Upon request from the organization or individual surrendering, the head of the competent authority may consider and decide to receive at the location where the weapons, explosives, and auxiliary tools are located.

Article 4. Excavation and Search for Military Weapons and Explosive Materials

1. Organizations and individuals with the need to excavate and search for military weapons and explosive materials must submit a complete dossier at the People's Committee of the district, town, city under province (hereinafter referred to as the District People's Committee). The dossier includes:

a) A request document clearly stating the reasons, purposes, and requirements for excavation and search.

b) A certified copy of the document proving the lawful use or management or construction work at the proposed excavation and search location.

2. Excavation and search for military weapons and explosive materials can only be carried out within the scope and location permitted by the District People's Committee. At least five days before the implementation of the excavation and search, a notification document must be issued to the People's Committee of the commune, ward, town (hereinafter referred to as the Commune People's Committee) where the organization or excavation and search takes place to ensure safety measures.

Article 5. Receipt, Collection, and Storage of Weapons, Explosive Materials, and Auxiliary Tools

1. The receipt and collection of weapons, explosive materials, and auxiliary tools must be recorded in a protocol, detailing the type, quantity (or volume), quality, origin, number, and code (if applicable) of each weapon, explosive material, and auxiliary tool.

2. When receiving and collecting weapons, explosive materials, and auxiliary tools, they must be inspected and any factors causing safety risks or environmental impacts must be eliminated.

3. For weapons and auxiliary tools that have been equipped and licensed for use by agencies and organizations but are not needed for use or are damaged beyond repair, they must be surrendered to the competent public security agency directly managing and issuing licenses for the use of such weapons and auxiliary tools.

4. 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 the local People's Committee receiving the information must notify in writing the military agency from the district level upwards to coordinate in collection and handling.

The Commune People's Committee is responsible for organizing and directing the public security agency at the same level where weapons and explosive materials needing collection are discovered to ensure security and order, and handle any arising situations before and during the collection and handling period.

5. Weapons, explosive materials, and auxiliary tools received and collected must be strictly stored and managed.

Article 6. Transfer of Weapons, Explosive Materials, and Auxiliary Tools

1. Public Security Agencies, Commune People's Committees, and District People's Committees shall tally and transfer the weapons and auxiliary tools received and collected to the Public Security Department of the district, town, city under province (hereinafter referred to as the District Public Security Department).

2. The Administrative Police Departments for Social Order and their units under the Public Security Departments of provinces and centrally-administered cities (hereinafter referred to as the Provincial Public Security Departments) shall tally the weapons and auxiliary tools received and collected and those surrendered by agencies and organizations that have been equipped and directly managed by local public security agencies and issued licenses for use according to their authority, and transfer them to the Logistics and Technical Services Department of the local public security agency.

3. The Administrative Police Department for Social Order under the General Administration of Social Order and Safety Management shall tally the weapons and auxiliary tools surrendered by agencies and organizations that have been equipped and directly managed by the Administrative Police Department for Social Order and issued licenses for use, and transfer them to the Equipment and Supply Management Department under the General Logistics and Technical Services Administration.

4. Units under the Ministry of Public Security shall tally the weapons and auxiliary tools received and collected (excluding those related to criminal cases) and transfer them to the Equipment and Supply Management Department under the General Logistics and Technical Services Administration.

5. The transfer of bombs, mines, grenades, explosive devices, torpedoes, depth charges, pyrotechnic devices, explosive materials, missile warheads, artillery shells, and various types of artillery shell warheads received and collected according to Clause 1, Article 10 of Decree No. 26/2012/NĐ-CP must be recorded in a protocol accompanied by a classification statistical table. The transferring agency must notify in writing the competent military agency to receive according to regulations.

6. If the Public Security Museum and military agencies from the provincial level upwards issue a request to transfer weapons and auxiliary tools received and collected for preservation and museum purposes, the Director of the General Logistics and Technical Services Administration and the Provincial Public Security Department Director with authority shall consider and decide.

Article 7. Classification of weapons and auxiliary tools

1. The authority to classify weapons and auxiliary tools shall be regulated as follows:

a) The Equipment Management and Supply Department classifies weapons and auxiliary tools transferred from the Administrative Police Department under the Ministry of Public Security and other units under the Ministry of Public Security.

b) The Logistics and Technical Departments at provincial and district-level public security organs classify weapons and auxiliary tools that have been received or collected, report and propose to the Director of the provincial-level public security organ for handling according to regulations.

2. The classification of weapons and auxiliary tools after receiving and collecting shall be carried out as follows:

a) For weapons and auxiliary tools still having value for use, the Equipment Management and Supply Department reports to the General Director of the Logistics and Technical General Department, the Administrative Police Department, and the district-level public security organ reports to the Director of the provincial-level public security organ for permission to put them into use according to regulations.

b) For weapons and auxiliary tools no longer having value for use, they shall be proposed for liquidation and destruction.

Article 8. Liquidation of weapons and auxiliary tools

1. The General Director of the Logistics and Technical General Department and the Director of the provincial-level public security organ decide to establish a liquidation board for weapons and auxiliary tools that are no longer usable.

2. The composition of the liquidation board is as follows:

a) At the Ministry of Public Security, the liquidation board is chaired by a representative of the leadership of the Logistics and Technical General Department, with members including representatives of the leadership of the Equipment Management and Supply Bureau and the Administrative Police Bureau.

b) At the local level, the liquidation board is chaired by a representative of the leadership of the provincial-level public security organ, with members including representatives of the leadership of the Logistics and Technical Department, the Administrative Police Department, and the agency proposing liquidation.

3. The Chairman of the liquidation board for weapons and auxiliary tools decides to establish a working group for the board.

Article 9. Destruction of weapons and auxiliary tools

1. Establishing the board and approving the destruction plan shall be carried out as follows:

a) At the Ministry of Public Security: The General Director of the Logistics and Technical General Department decides to establish the board and approve the destruction plan for weapons and auxiliary tools. The destruction board is chaired by a representative of the leadership of the Equipment Management and Supply Bureau, with other members being representatives of the leadership of the Administrative Police Bureau and the Equipment Management and Supply Bureau; representatives of the Environmental Agency at the district level, and the People's Committee of the commune where the destruction site is located.

b) At the provincial level: The Director of the provincial-level public security organ decides to establish the destruction board and approve the destruction plan for weapons and auxiliary tools. The destruction board is chaired by a representative of the leadership of the Logistics and Technical Department, with other members being representatives of the Administrative Police Department, the Environmental Agency at the district level, and the People's Committee of the commune where the destruction site is located.

c) At the district level: The Chairman of the People's Committee at the district level decides to establish the board and approve the destruction plan for weapons and auxiliary tools. The destruction board is chaired by a representative of the leadership of the public security organ at the same level, with other members being representatives of the Military Agency or specialized technical unit on armaments of the provincial-level public security organ, the Environmental Agency at the same level, and the People's Committee of the commune where the destruction site is located.

2. The destruction of weapons and auxiliary tools shall be carried out as follows:

a) Implement strictly according to the approved plan.

b) Use safe transportation means to transport weapons and auxiliary tools to the destruction site.

c) Arrange security forces and warning signs in the destruction area.

d) The destruction process must continue until the weapons and auxiliary tools are rendered incapable of being restored to their original function.

đ) Prepare a record of the destruction results.

3. The destruction of weapons and auxiliary tools that pose a risk of safety loss and require urgent handling as stipulated in Point c, Clause 3, Article 12 of Decree No. 26/2012/NĐ-CP shall be carried out as follows:

a) The heads of business bureaus decide on destruction and report the results of destruction to their immediate superiors and the General Director of the Logistics and Technical General Department.

b) The heads of units under the provincial-level public security organ and the Chief of the district-level public security organ decide on destruction and report the results of destruction to the Director of the provincial-level public security organ within their management scope.

Article 10. Funding for the reception, collection, classification, storage, liquidation, and destruction of weapons, explosives, and auxiliary tools

1. The funding for the reception, collection, classification, storage, liquidation, and destruction of weapons, explosives, and auxiliary tools shall be allocated in the annual state budget estimate of the Ministry of Public Security to cover the following items:

a) Propaganda and mobilization activities for the surrender of weapons, explosives, and auxiliary tools.

b) Construction of warehouses and storage facilities for weapons, explosives, and auxiliary tools received and collected; procurement of equipment and devices for the reception, collection, classification, storage, liquidation, and destruction of weapons, explosives, and auxiliary tools.

c) Operation and maintenance of forces responsible for the reception, collection, storage, liquidation, and destruction of weapons, explosives, and auxiliary tools; funding for training and professional development in ordnance.

d) Other expenses serving the reception, collection, storage, liquidation, and destruction of weapons, explosives, and auxiliary tools.

2. The General Police Administration for Administrative Order and Social Safety, the General Logistics and Technical Service, and provincial public security agencies shall be responsible for preparing annual funding estimates for the reception, collection, storage, liquidation, and destruction of weapons, explosives, and auxiliary tools within their units and regions, to be submitted to the Financial Department.

3. The Financial Department shall consolidate and prepare the overall funding estimate of the Ministry of Public Security for the reception, collection, storage, liquidation, and destruction of weapons, explosives, and auxiliary tools based on the funding estimates of public security units and regions, to be reviewed and decided upon by the leadership of the Ministry of Public Security.

Chapter III

RESPONSIBILITIES OF PUBLIC SECURITY UNITS AND LOCALITIES

Article 11. Responsibilities of Units under the Ministry of Public Security

1. The General Police Administration for Administrative Order and Social Safety shall be responsible for:

a) Taking the lead and coordinating with the General Logistics and Technical Service to guide and direct the organization and implementation of the reception, collection, classification, storage, liquidation, and destruction of weapons, explosives, and auxiliary tools within their respective jurisdictions.

b) Advising the Ministry of Public Security to organize nationwide campaigns to encourage the surrender of weapons, explosives, and auxiliary tools.

c) Taking the lead and coordinating with the General Force Building Administration of the People's Public Security and related units to implement propaganda activities regarding the surrender of weapons, explosives, and auxiliary tools.

d) Directing the Public Order Management Police Bureau to organize the reception and transfer of weapons and auxiliary tools surrendered by non-public security agencies directly managed and licensed by the Bureau.

đ) Coordinating with the General Logistics and Technical Service to guide, inspect, organize training, and instruct on ordnance expertise for officers and soldiers and forces involved in the reception, collection, classification, storage, liquidation, and destruction of weapons, explosives, and auxiliary tools within their jurisdictional authority.

e) Summarizing and evaluating the situation and results of the implementation of the reception, collection, classification, storage, liquidation, and destruction of weapons, explosives, and auxiliary tools.

g) Preparing funding to ensure the organization and implementation of the reception, collection, classification, storage, liquidation, and destruction of weapons, explosives, and auxiliary tools within their management scope.

h) Proposing rewards for organizations and individuals who have achieved success in organizing and implementing the reception, collection, classification, storage, liquidation, and destruction of weapons, explosives, and auxiliary tools according to regulations.

i) Inspecting, coordinating with inspections, and handling violations concerning the compliance with regulations on the reception, collection, classification, and storage of weapons, explosives, and auxiliary tools according to regulations.

2. The General Logistics and Technical Service shall take the lead and coordinate with the General Police Administration for Administrative Order and Social Safety:

a) Guiding and inspecting the classification, storage, liquidation, and destruction of weapons and auxiliary tools received and collected, and implementing the classification, storage, liquidation, and destruction of weapons and auxiliary tools within their jurisdictional authority; establishing a Liquidation Board; establishing a Board and approving the destruction plan for weapons and auxiliary tools transferred by the Public Order Management Police Bureau and other units under the Ministry of Public Security.

b) Advising the Ministry of Public Security to issue regulations on the storage facilities for weapons, explosives, and auxiliary tools received and collected within their management scope.

c) Preparing funding to ensure the purchase of equipment and devices, funding for training on ordnance expertise, and other necessary expenditures as prescribed by law.

d) Coordinating with the General Police Administration for Administrative Order and Social Safety and the General Force Building Administration of the People's Public Security to compile textbooks and organize training on ordnance expertise for officers and soldiers and forces involved in the reception, collection, classification, storage, liquidation, and destruction of weapons, explosives, and auxiliary tools within their jurisdictional authority.

đ) Prescribing inspection, reclassification, storage, liquidation, and destruction procedures for weapons, explosives, and auxiliary tools equipped and used within the public security sector.

3. All General Directorates, Military Commands, and subordinate units of the Ministry shall organize the effective implementation of the provisions of this Circular based on their assigned functions and tasks.

Article 12. Responsibilities of the Public Security Forces of Provinces and Central Cities

1. Advise the People's Committee at the provincial level to organize the implementation of regulations on the receipt, collection, classification, storage, liquidation, and destruction of weapons, explosives, and auxiliary tools according to local provisions.

2. Based on actual circumstances, advise the People's Committee at the same level to organize campaigns encouraging the surrender of weapons, explosives, and auxiliary tools within their jurisdiction.

3. Take the lead and coordinate with functional units in the locality to organize propaganda and education regarding the surrender of weapons, explosives, and auxiliary tools.

4. Direct, guide, and organize the implementation of work related to the receipt and collection of various types of weapons, explosives, and auxiliary tools as follows:

a) Weapons, explosives, and auxiliary tools that are damaged and unusable or no longer needed for use, managed by agencies and organizations under the authority to issue permits.

b) Weapons, explosives, and auxiliary tools discovered and seized by local and central competent agencies when performing official duties.

c) Weapons, explosives, and auxiliary tools related to cases handed over by local competent authorities and central agencies stationed in the locality after processing according to the law.

d) Post-war weapons and explosives remaining outside society; weapons, explosives, and auxiliary tools found and reported by the public.

5. Direct the Logistics and Technical Department and the Public Security Departments at the county level within the management scope to implement work related to the receipt, collection, classification, storage, proposal for liquidation, and destruction of weapons, explosives, and auxiliary tools according to regulations.

6. Organize training on ordnance expertise for officers, soldiers, and forces involved in the receipt, collection, classification, storage, liquidation, and destruction of weapons, explosives, and auxiliary tools according to regulations.

7. Organize inspections, audits, and handling of violations concerning the compliance with regulations on the receipt, collection, classification, storage, liquidation, and destruction of weapons, explosives, and auxiliary tools within the management scope.

Chapter IV

IMPLEMENTATION

Article 13. Effective Date

This Circular takes effect from July 20, 2012. Previous regulations of the Ministry of Public Security on the receipt, collection, classification, storage, liquidation, and destruction of weapons, explosives, and auxiliary tools that conflict with this Circular are abolished.

1. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and related agencies, units, and individuals are responsible for implementing this Circular.

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. The Heads of the General Directorates, heads of units directly under the Ministry, Directors of Public Security of provinces and central cities, Directors of Fire Prevention and Fighting Departments, and relevant organizations and individuals are responsible for implementing this Circular.

In the course of implementation, if any difficulties arise, agencies, organizations, and Public Security units and localities shall report to the Ministry of Public Security (through the General Directorate of Administrative Police for Social Order and Safety) for timely guidance.