Circular No. 50/2014/TT-BCA on the issuance, renewal, reissuance of permits and certificates for weapons, explosives, and auxiliary tools

CIRCULAR

Regulations on issuing, renewing, and reissuing permits and certificates for weapons, explosives, and auxiliary tools

 for weapons, explosives, and auxiliary tools

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Based on the Ordinance on Management and Use of Weapons, Explosives, and Auxiliary Tools; the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Management and Use of Weapons, Explosives, and Auxiliary Tools;

Based on Decree No. 25/2012/NĐ-CP dated April 5, 2012 detailing the implementation of certain provisions of the Ordinance on Management and Use of Weapons, Explosives, and Auxiliary Tools (hereinafter referred to as Decree No. 25/2012/NĐ-CP);

Based on Decree No. 39/2009/NĐ-CP dated April 23, 2009 on industrial explosives; Decree No. 54/2012/NĐ-CP dated June 22, 2012 amending and supplementing certain provisions of Decree No. 39/2009/NĐ-CP dated April 23, 2009;

Based on Decree No. 76/2014/NĐ-CP dated July 29, 2014 detailing certain provisions of the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Management and Use of Weapons, Explosives, and Auxiliary Tools;

Based on Decree No. 77/2009/NĐ-CP dated September 15, 2009 on the functions, tasks, powers, and organizational structure of the Ministry of Public Security (amended and supplemented by Decree No. 21/2014/NĐ-CP dated March 25, 2014);

At the proposal of the Director General of the Administration Police Department under the Ministry of Public Security managing public order and social security;

The Minister of Public Security issues this Circular regulating the principles, authority, files, deadlines, statistical systems, reporting, and responsibilities of agencies, organizations, and individuals related to issuing, renewing, reissuing, managing, and using permits and certificates for weapons, explosives, and auxiliary tools.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. This Circular regulates the principles, authority, files, deadlines, statistical systems, reporting, and responsibilities of agencies, organizations, and individuals related to issuing, renewing, reissuing, managing, and using permits and certificates for weapons, explosives, and auxiliary tools.

Article 2. The issuance of permits and certificates for weapons, explosives, and auxiliary tools within the management scope of the Ministry of National Defense does not fall within the scope of regulation of this Circular.

Article 2. Applicability

This Circular applies to:

1. Local public security units.

Officers and non-commissioned officers (hereinafter referred to as officers) engaged in issuing, renewing, and reissuing permits and certificates for weapons, explosives, and auxiliary tools.

Agencies, organizations, and individuals involved in activities related to issuing, renewing, and reissuing permits and certificates for weapons, explosives, and auxiliary tools.

Article 3. Types of permits and certificates for weapons, explosives, and auxiliary tools

1. Permit for equipping military weapons.

2. Permit for purchasing primitive weapons and auxiliary tools.

3. Permit for carrying weapons and auxiliary tools in and out of Vietnam's territory.

4. Permit for using military weapons, sports weapons, and auxiliary tools.

5. Permit for transporting military weapons, military explosives, and auxiliary tools.

6. Permit for transporting industrial explosives.

7. Permit for repairing weapons and auxiliary tools.

8. Certificate of registration for primitive weapons and auxiliary tools.

9. Declaration certificate for primitive weapons.

Article 4. Principles for issuing, renewing, and reissuing permits and certificates for weapons, explosives, and auxiliary tools

1. Compliance with the Ordinance on Management and Use of Weapons, Explosives, and Auxiliary Tools; the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Management and Use of Weapons, Explosives, and Auxiliary Tools (hereinafter referred to as the Ordinance on Management and Use of Weapons, Explosives, and Auxiliary Tools), guiding documents, this Circular, and other relevant legal regulations.

2. Ensuring objectivity, timeliness, and accuracy.

3. Strictly prohibiting the abuse of assigned duties to harass, cause inconvenience, or infringe upon the interests of the state, the legitimate rights and interests of agencies, organizations, and individuals.

4. Officers engaged in issuing, renewing, and reissuing permits and certificates for weapons, explosives, and auxiliary tools must bear personal responsibility for their guidance, responses to agencies, organizations, and individuals, or their proposals and decisions.

Article 5. Documents for application and time limit for issuing, renewing, and reissuing permits and certificates regarding weapons, explosives, and auxiliary tools

1. The documents for applying for a permit to equip military weapons shall be carried out in accordance with the provisions of Article 15 of the Ordinance on Management and Use of Weapons, Explosives, and Auxiliary Tools. The time limit for issuing the permit shall not exceed ten working days from the date of receiving complete valid documents.

2. The documents for applying for a permit to purchase simple weapons and auxiliary tools shall be carried out in accordance with the provisions of Articles 15 and 20 of Decree No. 25/2012/NĐ-CP. The time limit for issuing the permit shall not exceed five working days for cases of issuing a permit to purchase simple weapons; four working days for cases of issuing a permit to purchase auxiliary tools, from the date of receiving complete valid documents.

3. The documents for applying for a permit to carry weapons and auxiliary tools into and out of the territory of Vietnam shall be carried out in accordance with the provisions of Article 3 of Circular No. 30/2012/TT-BCA dated May 29, 2012, issued by the Minister of Public Security detailing the implementation of certain articles of the Ordinance on Management and Use of Weapons, Explosives, and Auxiliary Tools and the Decree detailing the implementation of certain articles of the Ordinance (hereinafter referred to as Circular No. 30/2012/TT-BCA). The time limit for issuing the permit shall not exceed three working days from the date of receiving complete valid documents.

4. The documents for applying for a permit to use military weapons and sports weapons shall be carried out in accordance with the provisions of Articles 16 and 19 of the Ordinance on Management and Use of Weapons, Explosives, and Auxiliary Tools. The time limit for issuing the permit shall not exceed ten working days from the date of receiving complete valid documents.

5. Documents for applying for renewal and reissue of permits to use military weapons and sports weapons

a) A document requesting the renewal or reissue of a permit to use military weapons and sports weapons from the agency, organization, or unit equipped. The content of the document must clearly state the reasons for renewal or reissue of the permit; the quantity of permits to be renewed or reissued; the type, serial number, and code of each type of military weapon and sports weapon. In case of loss of the permit to use, there must be a report detailing the measures taken to address and handle the situation.

b) An introduction letter and Identity Card or People's Police Identity Card of the person sent by the agency, organization, or unit to handle the procedures.

c) The time limit for renewing or reissuing a permit to use military weapons and sports weapons shall not exceed ten working days from the date of receiving complete valid documents.

6. The documents for applying for issuance, renewal, and reissue of permits to use auxiliary tools shall be carried out in accordance with the provisions of Article 21 of Decree No. 25/2012/NĐ-CP. The time limit for issuing the permit shall not exceed five working days (for quantities under fifty permits), not exceeding ten days (for quantities of fifty permits or more), from the date of receiving complete valid documents.

7. Documents for applying for issuance of a permit to repair weapons

a) A document requesting repair of weapons; the content of the document must clearly state the type, brand, serial number, and code of each type of weapon to be repaired; the quantity and parts to be repaired; the repair facility; address and repair time.

b) An introduction letter and Identity Card or People's Police Identity Card of the person sent by the agency, organization, or unit to handle the procedures.

c) Within five working days from the date of receiving complete valid documents, the public security authority that has issued the permit to use weapons must review and issue a permit to repair weapons for the agency, organization, or unit that has applied. The validity period of the permit to repair weapons is thirty days. In cases where weapons need to be transported to the repair location, the permit to repair weapons also serves as a transport permit.

8. The documents for applying for issuance of a permit to repair auxiliary tools shall be carried out in accordance with the provisions of Article 23 of Decree No. 25/2012/NĐ-CP. The time limit for issuing the permit shall not exceed five working days from the date of receiving complete valid documents.

9. The documents for applying for issuance of a permit to transport military weapons and sports weapons shall be carried out in accordance with Clause 3 of Article 21 of the Ordinance on Management and Use of Weapons, Explosives, and Auxiliary Tools. The time limit for issuing the permit shall not exceed five working days from the date of receiving complete valid documents.

10. The documents for applying for issuance of a permit to transport auxiliary tools shall be carried out in accordance with the provisions of Article 22 of Decree No. 25/2012/NĐ-CP. The time limit for issuing the permit shall not exceed five working days from the date of receiving complete valid documents.

11. The documents for applying for issuance of a permit to transport military explosives shall be carried out in accordance with the provisions of Article 14 of Circular No. 30/2012/TT-BCA. The time limit for issuing the permit shall not exceed three working days from the date of receiving complete valid documents.

12. The documents for applying for issuance of a permit to transport industrial explosives shall be carried out in accordance with Clause 3 of Article 26 of the Ordinance on Management and Use of Weapons, Explosives, and Auxiliary Tools; Clause 3 of Article 1 of Circular No. 04/2014/TT-BCA dated January 21, 2014, issued by the Minister of Public Security amending and supplementing certain articles of Circular No. 35/2010/TT-BCA dated October 11, 2010, issued by the Minister of Public Security on the issuance of permits to transport industrial explosives and dangerous goods. The time limit for issuing the permit shall not exceed three working days from the date of receiving complete valid documents.

13. The documents for applying for issuance of a registration confirmation certificate for simple weapons shall be carried out in accordance with Clause 1 of Article 12 of Circular No. 30/2012/TT-BCA. The time limit for issuing the certificate shall not exceed five working days from the date of receiving complete valid documents.

14. The documents for applying for issuance of a registration confirmation certificate for auxiliary tools shall be carried out in accordance with Clause 1 of Article 18 of Circular No. 30/2012/TT-BCA. The time limit for issuing the certificate shall not exceed five working days from the date of receiving complete valid documents.

15. The documents for applying for issuance of a declaration confirmation certificate for simple weapons shall be carried out in accordance with Clause 2 of Article 12 of Circular No. 30/2012/TT-BCA. The time limit for issuing the certificate shall not exceed five working days from the date of receiving complete valid documents.

Article 6. Authority to issue, renew, and reissue permits and certificates for weapons, explosives, and auxiliary tools

1. The Director of the Administrative Police Management Department has the authority to issue, renew, and reissue permits for equipping, using, purchasing, carrying, transporting, repairing weapons, explosives, and auxiliary tools; certificates for registering simple weapons and auxiliary tools for agencies, organizations, units under central ministries and enterprises permitted to train security personnel.

2. The Head of the Administrative Police Management Department of the Provincial Public Security Agency (hereinafter referred to as the Administrative Police Management Department of the Provincial Public Security Agency) has the authority to issue, renew, and reissue permits for using, purchasing, transporting, and repairing weapons, explosives, and auxiliary tools; certificates for registering simple weapons and auxiliary tools for local agencies, organizations, and units.

3. The Head of the Commune, Ward, Town Police Station (hereinafter referred to as the Head of the Commune Police Station) has the authority to issue certificates for declaring simple weapons.

Chapter II

PROCEDURES FOR ISSUING, RENEWING, AND REISSUING PERMITS AND CERTIFICATES FOR WEAPONS, EXPLOSIVES, AND AUXILIARY TOOLS

CERTIFICATE REGARDING WEAPONS, EXPLOSIVE MATERIALS AND ASSISTANT TOOLS

Article 7. Receiving Applications

Staff assigned to receive applications for procedures related to issuing, renewing, and reissuing permits and certificates for weapons, explosives, and auxiliary tools must review the application files, compare them with legal regulations on the management and use of weapons, explosives, and auxiliary tools, and implement the following provisions:

1. In case the application file meets the conditions and procedures (valid file)

a) Record in the logbook of received application files.

b) Write and provide a notice and receipt to the person submitting the application file containing the following information: Name, position, working unit of the staff receiving the application file; documents and materials in the application file; time to deliver the result and sign, clearly write name.

2. In case the application file meets the conditions but lacks procedures or declarations are not accurate, guide in writing with clear procedures and contents that need to be supplemented or declared again. After the agency, organization, unit, or individual completes the application file according to the guidance, the staff receiving it shall implement the provisions of Clause 1 of this Article.

3. In case the application file does not meet the conditions, it shall not be accepted and a written response shall be provided, clearly stating the reasons for non-acceptance to the agency, organization, unit, or individual that made the request.

4. After accepting a valid application file, the staff must report and transfer the file to the department head (in case the file is submitted to the Administrative Police Management Department) or team commander (in case the file is submitted to the Administrative Police Management Department of the Provincial Public Security Agency) to assign staff to study and check the file according to the regulations.

For application files requesting issuance of certificates for declaring simple weapons, after accepting the file, the staff must report and transfer the file to the Head of the Commune Police Station.

Article 8. Examination of Documents

Article 8. Checking Application Files

2. Content of inspection

1. The department head (of the Administrative Police Management Department), team commander (of the Administrative Police Management Department of the Provincial Public Security Agency), and the Head of the Commune Police Station, after receiving the application file, have the responsibility to assign staff to conduct checks according to the contents specified in Clause 2 of this Article.

a) Issuing a permit for equipping military weapons: Check and evaluate the conditions for equipping, actual needs, quantity, types of military weapons requested for equipping.

b) Issuing a permit for purchasing simple weapons and auxiliary tools: Check and evaluate the conditions for equipping, quantity and types of simple weapons and auxiliary tools needed.

c) Issuing a permit for transporting military weapons, explosives, and auxiliary tools: Check the types and quantities of military weapons, explosives, and auxiliary tools; conditions of the transport vehicle, escort personnel, and driver.

d) Issuing, renewing, and reissuing permits for using military weapons, sports weapons, and auxiliary tools: Check the actual quantity, types, serial numbers, origin, quality of weapons and auxiliary tools and related documents.

e) Issuing a certificate for registering simple weapons and auxiliary tools: Check the actual quantity, types, serial numbers, origin, quality, and related documents.

g) Issuing a certificate for declaring simple weapons: Check the actual quantity, types, serial numbers, origin of weapons.

h) Issuing a permit for transporting industrial explosives: Check the quantity of industrial explosives; conditions and standards of the escort personnel, driver, and other relevant service personnel, and security and public order conditions.

In case of issuing a registration permit for receiving industrial explosives, local police agencies must conduct an actual inspection of the storage facility for industrial explosives of the agency, organization, or unit applying for the permit to determine the quantity of industrial explosives in the warehouse and safety conditions of the warehouse.

3. After checking, the staff assigned to check must report to the leader who assigned the task about the results of the check and propose the issuance, renewal, and reissuing of permits and certificates for weapons, explosives, and auxiliary tools, specifically:

a) In case the conditions are met for issuing, renewing, and reissuing permits and certificates, the checking staff must propose in writing and clearly record the following information: Date, month, year of receiving the application file, documents in the application file, content of the request for resolution, proposal opinion, sign, clearly write name; transfer the file and the written proposal to the department head or team commander for consideration, report to the Director of the Administrative Police Management Department, the Head of the Administrative Police Management Department of the Provincial Public Security Agency for approval, signature, issuance, renewal, and reissuing of permits and certificates.

b) In cases where the conditions for issuance, renewal, or reissuance of permits or certificates are not met, the inspector must draft a response document, clearly stating the reasons, and transfer the file to the leadership of the department or team for review, report to the Director of the Administrative Police Management Department under the Ministry of Public Security, and the Head of the Administrative Police Management Department at the provincial level for approval and signature before responding to the agency, organization, unit, or individual that made the request.

4. In cases of issuing certificates for declaration of simple weapons, the assigned inspector must report in writing to the Chief of the Police Station at the commune level on the inspection results and propose approval and issuance of the certificate; in cases where the conditions are not met, they must draft a response document clearly stating the reasons.

Article 9. Approval and Signature for Issuance, Renewal, and Reissuance of Permits and Certificates Regarding Weapons, Explosives, and Support Tools

1. The Director of the Administrative Police Management Department under the Ministry of Public Security shall approve and sign for the issuance, renewal, and reissuance of permits and certificates regarding weapons, explosives, and support tools for agencies, organizations, units under central ministries and departments, and security service enterprises permitted to train security personnel; approve and sign documents rejecting permit and certificate issuance.

2. The Head of the Administrative Police Management Department at the provincial-level public security office shall approve and sign for the issuance, renewal, and reissuance of permits and certificates regarding weapons, explosives, and support tools for agencies, organizations, and units at the local level as prescribed; approve and sign documents rejecting permit and certificate issuance.

3. The Chief of the Police Station at the commune level shall approve and sign for the issuance of certificates for declaration of simple weapons for agencies, organizations, and individuals; approve and sign documents rejecting the issuance of certificates for declaration of simple weapons as prescribed.

Article 10. Delivery of Results for Issuance, Renewal, and Reissuance of Permits and Certificates Regarding Weapons, Explosives, and Support Tools

After obtaining the resolution result, the department receiving applications for issuance, renewal, and reissuance of permits and certificates regarding weapons, explosives, and support tools shall proceed as follows:

1. In cases of issuance, renewal, and reissuance of permits and certificates regarding weapons, explosives, and support tools

a) Check and collect the appointment letter and require the person coming to receive the result to present the introduction letter from the agency, organization, or unit sending them. The person named in the introduction letter is responsible for presenting their Identity Card or People's Police Identity Card to the officer delivering the result.

b) Deliver the result and require the person coming to receive it to sign in the tracking logbook (sign, write clearly their full name, date, month, year of receiving the result); in cases of renewal or reissuance of usage permits for weapons and support tools, require the person coming to receive the result to return the previously issued usage permit.

c) Collect fees as prescribed (if applicable).

d) File the application for issuance of permits and certificates regarding weapons, explosives, and support tools according to Circular No. 32/2013/TT-BCA-C41 dated June 12, 2013, of the Minister of Public Security on the statistical recordkeeping system for police business files.

2. In cases where issuance, renewal, or reissuance of permits and certificates regarding weapons, explosives, and support tools are not granted

a) Return the received application.

b) Request the person sent by the agency, organization, or unit to receive the result to check the documents and materials in the file again.

c) Hand over the document rejecting issuance, renewal, or reissuance of permits and certificates regarding weapons, explosives, and support tools to the person coming to receive the result; require the person coming to receive it to sign in the tracking logbook (sign, write clearly their full name, date, month, year of returning the file and the resolution result).

Chapter III

RESPONSIBILITIES IN MANAGEMENT AND USE OF PERMITS

CERTIFICATES REGARDING WEAPONS, EXPLOSIVES, AND SUPPORT TOOLS

AND STATISTICAL REPORTING REGIME

Article 11. Responsibilities of the Administrative Management Police Department and Provincial Police Force under the Central Government

1. Selecting officers with good moral character, having the necessary qualifications and capabilities, understanding the laws, mastering regulatory documents on the management and use of firearms, explosives, and auxiliary tools; strictly adhering to the regulations of the People's Public Security, maintaining a cultural lifestyle and spirit of serving the people in handling applications, interacting with agencies, organizations, units, and individuals in the process of handling procedures related to issuing, renewing, and reissuing permits and certificates for firearms, explosives, and auxiliary tools.

2. The main office responsible for receiving applications must be spacious, clean, and all administrative procedures must be publicly displayed so that agencies, organizations, units, and individuals can understand and comply with them.

3. Regularly inspecting the implementation of work procedures by officers dealing with the public, those involved in issuing, renewing, and reissuing various types of permits and certificates for firearms, explosives, and auxiliary tools within their jurisdiction.

4. Organizing training sessions for officers directly involved in issuing, renewing, reissuing, managing various types of permits and certificates for firearms, explosives, and auxiliary tools within their jurisdiction.

5. Inspecting, guiding, and handling violations in the issuance, renewal, reissuing, and management and use of permits and certificates for firearms, explosives, and auxiliary tools according to their authority.

6. For permits and certificates for firearms, explosives, and auxiliary tools that have been recalled, the Head of the Weapons, Explosives, Auxiliary Tools Management Section shall report to the Director of the Administrative Management Police Department; the Head of the Administrative Management Section shall report to the Provincial Police Chief for consideration and decision on destruction.

Article 12. Responsibilities of agencies, organizations, units, and individuals holding permits and certificates for firearms, explosives, and auxiliary tools

1. Managing and using permits and certificates in accordance with regulations and presenting them when requested for inspection by authorized agencies.

2. In case of loss of permits or certificates, immediately reporting in writing to the police agency that issued them previously, detailing the reasons for the loss, measures taken, and corrective actions.

3. Submitting permits and certificates for firearms, explosives, and auxiliary tools back to the issuing police agency in the following cases:

a) Agencies, organizations, or units being dissolved, merged, divided, separated, or converted.

b) Firearms and auxiliary tools provided to agencies, organizations, or individuals for use according to the law but are lost, damaged, expired, or no longer needed, or according to the law, they do not belong to the category of objects allowed to be equipped, managed, and used.

c) Permits and certificates issued beyond authority.

d) Permits and certificates damaged or expired after being renewed or reissued.

đ) Other cases as prescribed by law.

Article 13. Statistical Reporting System

1. On a quarterly, semi-annual, and annual basis, agencies, organizations, and units equipped, managing, and using firearms, explosives, and auxiliary tools must submit written reports to the Administrative Management Police Department (for agencies, organizations, and units under central ministries and state-owned enterprises permitted to train security personnel) and the Provincial Administrative Management Police Department (for local agencies, organizations, and units) regarding the situation of managing and using firearms, explosives, and auxiliary tools.

Agencies, organizations, and units under central ministries and state-owned enterprises that issue usage permits, registration certificates, and purchase permits for firearms and auxiliary tools and then reissue them to subordinate agencies, organizations, and units must report to the Administrative Management Police Department about the reissuance.

2. On a quarterly, semi-annual, and annual basis, the Provincial Administrative Management Police Department must report to the Administrative Management Police Department on the situation and results of managing firearms, explosives, and auxiliary tools according to Model VC17 issued along with Circular No. 34/2012/TT-BCA dated June 12, 2012, by the Minister of Public Security, which stipulates forms used in the management, receipt, collection, classification, storage, liquidation, and destruction of firearms, explosives, and auxiliary tools.

3. On a quarterly, semi-annual, and annual basis, the Police Station at the commune level must report to the Police Station at the district level about the issuance and management of declarations for simple weapons. The Police Station at the district level has the responsibility to report to the Provincial Police Chief about the issuance and management of declarations for simple weapons based on the consolidated reports from the Police Stations at the commune level under its jurisdiction.

4. In cases involving serious, complex incidents affecting national security and public order related to firearms, explosives, and auxiliary tools, or upon request from authorized agencies, agencies, organizations, and units equipped, managing, and using firearms, explosives, and auxiliary tools must immediately submit written reports to the police agency that issued the permits and certificates.

Chapter IV

IMPLEMENTATION

Article 14. Effective Date

This Circular takes effect from December 15, 2014.

Article 15. Responsibility for Implementation

1. Heads of units and local police forces within their scope of duties and powers are responsible for supervising and urging the implementation of this Circular.

2. Directors of General Departments, Heads of Units under the Ministry of Public Security, Provincial Police Chiefs, Directors of Fire Prevention and Control, and other relevant organizations and individuals are responsible for implementing this Circular.

During the implementation of this Circular, if there are difficulties or obstacles, units, localities, organizations, and individuals concerned should report to the Ministry of Public Security (through the Administrative Management Police Department) for timely guidance./.