Decision No. 404-QĐ-BNV Regarding the Objectives and Standards for Equipping Various Types of Simple Weapons and Auxiliary Tools

Pursuant to …;

Regarding the provisions on subjects and standards for equipping various types of crude weapons and auxiliary tools

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Article 1. The types of crude weapons, means, and auxiliary tools prescribed 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 security specifically including:

1. Crude 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. Auxiliary tools referred to in this Decision (abbreviated as CCHT) include: rubber batons, electric batons, electric sticks, various types of electric gloves; tear gas grenades, pepper spray guns or bottles, suffocating, toxic, anesthetic sprays, plastic or rubber bullet guns; nail-shooting guns, laser guns, magnetic guns, etc.

Article 2. Types of crude weapons and auxiliary tools prescribed in Article 1 must be strictly managed by competent authorities. No organization or individual without a permit from the Ministry of Public Security or provincial-level city police departments shall produce, repair, buy, sell, store, export, import, transport, or use crude weapons and auxiliary tools. Any act of exploiting crude weapons and auxiliary tools for illegal activities is strictly prohibited.

Article 3. Organizations and entities permitted to equip and use crude weapons and auxiliary 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 security, protecting state and collective property, ensuring the lives and property of citizens, national defense and security, and sports training and competition.

3. Must appoint responsible and capable persons to manage and use equipped crude weapons and auxiliary tools. Persons assigned to manage and use crude weapons and auxiliary tools must have good moral character, be trustworthy, be trained, and proficient in using the assigned crude weapons and auxiliary tools.

Article 4.

1. Subjects eligible to equip and use crude weapons and auxiliary tools.

- People's Army.

- People's Public Security Force.

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

- Market management inspection teams.

- Ministry of Trade.

- Forest rangers patrol and control teams.

- Village public security forces; civilian self-defense forces.

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

- Neighborhood protection committees, people's security teams, or mass organizations protecting security and order at the commune or village level as stipulated by the Ministry of Public Security.

2. The equipping, storage, and use of crude weapons and auxiliary tools in the People's Army, civilian self-defense forces, People's Public Security Force, and village public security forces are governed by separate regulations of the Ministry of National Defense and the Ministry of Public Security.

Article 5. Principles and procedures for equipping and using crude weapons and auxiliary tools.

1. All organizations and entities permitted to equip and use crude weapons and auxiliary tools must declare them in detail to the police authority. For air guns, electric batons, electric sticks, electric gloves; pepper spray guns or bottles, nail-shooting guns, plastic or rubber bullet guns, laser guns, magnetic guns, etc., a usage permit from the police authority is required.

2. Usage must be safe, in accordance with prescribed regulations, for intended purposes, and recorded in logs; crude weapons and auxiliary tools should only be handed over to personnel performing official duties and returned to the unit for management after each task is completed.

3. Personnel equipped with crude weapons and auxiliary tools may only use them for self-defense, protection, or preventing unlawful acts that threaten security and social order. They must not take them home or carry them when not on duty.

4. Personnel equipped and using crude weapons and auxiliary tools who transfer jobs, retire, resign, or no longer meet the conditions (as specified in Point 3 of Article 3 of this Decision) must return them to their managing agency or unit.

5. Agencies and organizations meeting the criteria and conditions stipulated in Article 3 of this Decision (except those within the People's Army, People's Public Security Force, civilian self-defense forces, and village public security forces) must submit a letter to the police authority (as specified in Article 6 of this Decision) if they need to equip and use crude weapons and auxiliary tools.

After receiving a complete application letter within ten days, the authorized police authority will issue a permit and introduce them to purchasing or selling locations. Forms for registration requests and usage permits for crude weapons and auxiliary tools are prescribed by the Ministry of Public Security.

Article 6. The People's Police General Department (C13) of the Ministry of Public Security is responsible for reviewing and approving purchases, usage, and registration procedures for permits to use crude weapons and auxiliary tools (as specified in Point 1 of Article 5 of this Decision) for agencies and organizations under central-level authorities.

Provincial-level city police departments (PC13) review and approve equipment and handle registration procedures for permits to use crude weapons and auxiliary tools for local agencies and organizations and some central-level agencies and organizations located in their jurisdictions, according to the classification of the People's Police General Department.

Article 7.

1. Agencies and organizations wishing to engage in business, production, repair, export, or import of crude weapons and auxiliary tools must first obtain approval from the Ministry of Public Security (People's Police General Department) before proceeding with the relevant licensing procedures. Once approved, they must be directly supervised by the Ministry of Public Security (People's Police General Department).

2. Business establishments engaged in production, repair, export, and import of crude weapons and auxiliary tools must have a permit from the competent authority to operate and can only sell or provide crude weapons and auxiliary tools to agencies and organizations upon presentation of an introduction letter from the provincial-level city police department (PC13) and the People's Police General Department (C13) of the Ministry of Public Security.

Article 8.

1. Inspection, use, and transportation of crude weapons and auxiliary tools are regulated as follows:

- Police officers and soldiers performing traffic guidance, target protection, patrol, guard, management, and control duties in their jurisdiction areas.

- Officials and soldiers assigned the task of monitoring the management of weapons and explosive materials of the administrative police force responsible for social order at various levels of public security organs, within their respective jurisdictions.

- Chiefs and deputy chiefs of police stations and communes and above may conduct inspections while performing their duties within their respective jurisdictions.

2. The inspection, storage, 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 officials and soldiers of the public security agency 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, all agencies, units, organizations, and individuals producing, repairing, trading, importing, exporting, and using 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, government-affiliated agencies, and organizations 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 Departments under the General Police Force, Commanders, Department Heads, and Bureau Chiefs of Departments and Bureaus directly under the Ministry of Public Security, Provincial Public Security Directors of centrally-administered cities are responsible for implementing this Decision.

The Director of the General Police Force assists the Minister of Public Security in overseeing, guiding, and inspecting the implementation of this Decision.