Circular No. 66/THA guiding the management, provision, and use of support tools in civil enforcement work

CIRCULAR

Guidelines for managing, equipping, and using support tools

in civil enforcement work

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To unify management, equipping, and usage of support tools to maintain order, protect state property, citizens' property, ensure safety for civil enforcement officers when performing their duties effectively.

The Ministry of Justice provides guidelines for managing, equipping, and using support tools in civil enforcement work as follows:

I. TYPES OF SUPPORT TOOLS IN CIVIL ENFORCEMENT WORK

- The support tool used in civil enforcement work is "electric baton."

II. ENTITIES ELIGIBLE FOR EQUIPPING AND USING THE ELECTRIC BATON

- Civil Enforcement Office at provincial level under centrally governed cities;

- Civil Enforcement Team at district, county, town, and city levels under provinces.

III. PRINCIPLES FOR USING THE ELECTRIC BATON

Units and individuals equipped with electric batons must comply with the provisions set forth in Points 1, 2, 3, and 4 of Article 5 of Decision No. 404/QĐ-BNV dated July 15, 1995 of the Minister of Home Affairs. Additionally, the use of electric batons in civil enforcement work must adhere to the following regulations:

1. Civil enforcement units may only use electric batons after registering and obtaining a permit from the competent police authority; such use must be accompanied by the permit.

2. The electric baton can only be used in the following circumstances:

- To prevent actions that threaten the lives or health of enforcement officers or others during the execution of compulsory enforcement measures or self-defense in other situations when attacked;

- It can only be used after applying explanations, persuasion, and requesting assistance from enforcement forces but without success, still being threatened or attacked.

3. Strictly prohibited from using the electric baton for personal purposes. It cannot be exchanged or lent to individuals or entities outside the enforcement agency without proper functions or tasks.

IV. EQUIPPING AND MANAGING THE ELECTRIC BATON

- Electric batons are provided to Civil Enforcement Offices and Teams for the heads of enforcement agencies to assign to enforcement officers or staff according to work requirements;

- Staff and enforcement officers using electric batons must ensure safety, use them for their intended purpose, and return them to the head of the agency after each assignment;

- When transferring jobs, retiring, etc., the heads of Civil Enforcement Offices and Teams must hand over the electric batons to the new head of the agency or the person responsible for managing the enforcement agency. In case of loss, a report must be made to the nearest police station, and reported to the superior enforcement agency and the Civil Enforcement Management Bureau. Those who lose the batons without justifiable reasons may be subject to disciplinary action and must compensate accordingly.

- When distributing and handing over electric batons to units and individuals for use, there must be a list with signatures of the unit heads or users; when the usage period ends and replacement is needed, it must be reported to the superior enforcement agency and the Civil Enforcement Management Bureau to follow the weapon disposal procedures stipulated by the police sector;

- Distribution of electric batons must be carried out according to plans and decisions approved by the Minister of Justice and allocated by the Director of the Civil Enforcement Management Bureau. Annually, the Civil Enforcement Management Bureau prepares plans for equipping electric batons for local enforcement agencies, which are submitted for approval by the leadership of the Ministry.

V. IMPLEMENTATION

- The Civil Enforcement Management Bureau of the Ministry of Justice, and the heads of Civil Enforcement Offices at provincial and centrally governed city levels organize the dissemination and introduction of the use of electric batons to all enforcement officers;

- The Civil Enforcement Management Bureau assists the Minister of Justice in unifying the management of the equipping and use of electric batons by local enforcement agencies.

During implementation, if any issues arise, the heads of enforcement agencies should report to the Ministry of Justice (Civil Enforcement Management Bureau) for guidance on implementation./.