Decision No. 404/QD-BNV on the subject and standards for equipping various types of primitive weapons and auxiliary tools

Pursuant to …;

OF THE MINISTER OF HOME AFFAIRS NUMBER 404/QĐ-BNV
DATE July 15, 1995

Regarding the subject,
standards for equipping various types of primitive weapons
and support tools

__________

Article 1.

The types of primitive weapons, means, and support tools stipulated in Directive 504/TTg dated September 16, 1994, and Decree 19/CP dated December 16, 1992 of the Government are special-purpose means and tools that can easily cause danger to human life and health; disrupt social order and safety specifically including:

1. Primitive weapons (abbreviated as VKTS) include: air guns, bows, crossbows, sabers, daggers, spears, tridents, large swords, machetes, metal or solid fist weapons; various types of cudgels, etc...

2. Support tools referred to in this Decision (abbreviated as CCHT) include: rubber batons, electric batons, electric sticks, electric gloves; tear gas grenades, pepper spray guns or bottles, suffocating, toxic, or anesthetic sprays, plastic or rubber bullet guns; nail guns, laser guns, magnetic field guns, etc...

Article 2. Types of primitive weapons and support tools specified in Article 1 must be strictly managed by authorized agencies. Any organization or individual without a permit from the Ministry of Home Affairs or provincial-level public security agency shall not produce, repair, buy, sell, store, export, import, transport, or use primitive weapons and support tools. Strictly prohibit any actions exploiting primitive weapons and support tools for illegal activities.

Article 3. Agencies and organizations permitted to equip and use primitive weapons and support tools must meet the following criteria and conditions:

1. Have a decision on establishment and operate legally.

2. Have necessary requirements in work, combat, protection, self-defense, maintaining social order and safety, protecting state and collective property, citizens' lives and property, ensuring national defense and security, and sports training and competition.

3. Must appoint responsible and capable individuals to manage and use equipped primitive weapons and support tools. Individuals assigned to manage and use primitive weapons and support tools must have good moral character, be trustworthy, be trained, and proficient in using the assigned types of primitive weapons and support tools.

Article 4.

1. Subjects eligible to equip and use primitive weapons and support tools.

- People's Army.

- People's Public Security Force.

- Customs anti-smuggling inspection teams, border customs stations.

- Market management inspection teams - Ministry of Commerce.

- Forest rangers patrol and inspection teams.

- Village police forces; civilian self-defense forces.

- Special protection units established according to Decree No. 223/HĐBT dated June 19, 1990 of the Council of Ministers (now the Government).

- Neighborhood protection committees, neighborhood watch teams, or mass organizations for maintaining security and order in communes and villages as prescribed by the Ministry of Home Affairs.

2. Equipping, managing, and using primitive weapons and support tools in the People's Army, civilian self-defense forces, People's Public Security Force, and village police forces are regulated separately by the Ministry of National Defense and the Ministry of Home Affairs.

Article 5. Principles and procedures for equipping and using primitive weapons and support tools.

1. All agencies and organizations permitted to equip and use primitive weapons and support tools must declare them in detail to the public security agency. For air guns, electric batons, electric sticks, electric gloves; pepper spray guns or bottles; plastic or rubber bullet guns, laser or magnetic field guns, nail guns, a usage permit from the public security agency is required.

2. Usage must be safe, in accordance with regulations, for the intended purpose, and recorded in logs. After each duty, primitive weapons and support tools must be returned to the agency or unit for management.

3. Individuals equipped with primitive weapons and support tools may only use them for self-defense, protection, or preventing illegal acts that threaten security and social order. They shall not take them home or carry them when not on duty.

4. Individuals who are equipped and use primitive weapons and support tools, upon transferring jobs, retirement, resignation, or failing to meet the conditions (as stipulated in Point 3 of Article 3 of this Decision), must return them to the managing agency or unit.

5. Agencies and organizations meeting the criteria and conditions stipulated in Article 3 of this Decision (except those under the People's Army, People's Public Security Force, civilian self-defense forces, and village police forces requiring equipment and use of primitive weapons and support tools) must submit a letter to the public security agency (as stipulated in Article 6 of this Decision).

Within ten days of receiving a complete application, the competent public security agency will issue a permit and introduce them to places for purchasing or selling, supplying. Forms for registration requests and usage permits for primitive weapons and support tools are prescribed by the Ministry of Home Affairs.

Article 6.The General Administration of Police (C 13) of the Ministry of Home Affairs is responsible for reviewing and approving purchases, usage, and registration procedures for permits to use primitive weapons and support tools (as stipulated in Point 1 of Article 5 of this Decision) for agencies and organizations under central authorities.

Provincial-level public security agencies (PC13) review and approve equipment and registration procedures for permits to use primitive weapons and support tools for local agencies and organizations and some central agencies located in their jurisdictions, as classified by the General Administration of Police.

Article 7.

1. Agencies and organizations wishing to engage in business, production, repair, export, or import of primitive weapons and support tools must first obtain approval from the Ministry of Home Affairs (General Administration of Police) before proceeding with the relevant licensing procedures. Once licensed, they must be directly managed by the Ministry of Home Affairs (General Administration of Police).

2. Business establishments engaged in production, repair, export, or import of primitive weapons and support tools must have a permit from the competent authority to operate and can only sell or supply primitive weapons and support tools to agencies and organizations upon presentation of an introduction letter from the provincial-level public security agency (PC13) and the General Administration of Police (C13) of the Ministry of Home Affairs.

Article 8.

1. Inspection, use, and transportation of primitive weapons and support tools are regulated as follows:

- Officers and soldiers of the Public Security force performing traffic guidance duties, protecting targets, patrolling, guarding, managing, and controlling in their assigned areas.

- Officers and soldiers tasked with monitoring the management of firearms and explosive materials by administrative police forces responsible for social order at various levels of public security organs in their respective jurisdictions.

- Chiefs and deputy chiefs of police stations and communes and above may be inspected while performing their duties within their jurisdictional areas.

2. The inspection, preservation, and use of simple weapons and auxiliary tools at agencies and organizations shall be carried out by the heads of such agencies and organizations and directly managed by officers and soldiers of the public security organs with relevant functions.

Article 9. In addition to the subjects specified in Article 4 above, agencies, collectives, or individuals still holding simple weapons and auxiliary tools as defined in Article 1 of this Decision must declare and return them to the public security agency.

Article 10. As of October 1, 1995, agencies, units, organizations, and individuals engaged in the production, repair, trade, import-export, and use of simple weapons and auxiliary tools must have permits from competent authorities. Agencies, units, organizations, and individuals violating the provisions of this Decision will be subject to administrative penalties or criminal liability according to current laws depending on the severity of the violation.

Article 11. Chairmen of People's Committees of provinces and centrally-administered cities; Heads of Ministries, ministerial-level agencies, and government-affiliated agencies shall disseminate and guide the implementation of this Decision within their respective localities, ministries, and sectors.

Article 12. This Decision takes effect from the date of signature. Previous regulations contrary to this Decision are hereby abolished.

Directors of General Departments, Commanders, Department Heads, and Bureau Chiefs of departments and bureaus under the Ministry of Home Affairs, and Directors of provincial and centrally-administered city public security organs are responsible for implementing this Decision.

The Director of the General Police Department assists the Minister of Home Affairs in overseeing, guiding, and inspecting the implementation of this Decision.