This Circular provides detailed regulations on certain provisions of the Law on Management and Use of Weapons, Explosives Materials, and Auxiliary Tools, applicable to agencies, organizations, enterprises, and individuals related to such matters. The main contents include the authority to issue permits, management, storage, disposal of weapons, military explosives materials, auxiliary tools; establishment of a Database on weapons, explosives materials, explosive precursors, auxiliary tools and responsibilities in management and use.
Scope of application
Agencies, organizations, enterprises, and individuals related to the management and use of weapons, explosives materials, explosive precursors, and auxiliary tools.
Key points
- The Director of the Administrative Police Management Department has the authority to issue permits for weapons, explosives materials, and auxiliary tools for agencies, organizations, and enterprises.
- The Head of the Administrative Police Management Division of the Provincial Public Security has the authority to issue permits for the use of weapons, military explosives materials, and auxiliary tools for local units.
- Classification and storage of weapons, military explosives materials, and auxiliary tools after recovery, receipt, collection according to Article 8.
- The Equipment and Logistics Department decides to supplement weapons, military explosives materials, and auxiliary tools for local public security units.
- Professional animal training is carried out by functional units of the Ministry of Public Security assigned the task.
🌐 Social impact of this document
- Positive impact: Strengthening strict and effective management of weapons, military explosives materials, and auxiliary tools, reducing the risk of misuse.
- Negative impact: Administrative burden for organizations and individuals needing to apply for permits or equip weapons.
❓ Frequently asked questions
Who is eligible to be granted permission to bring weapons into the territory of Vietnam?
The Director of the Administrative Police Management Department decides the quantity and types of weapons and auxiliary tools permitted to enter and exit the territory of the Socialist Republic of Vietnam for training, sports competitions, sales, product introduction, exhibitions, displays, or as props in cultural and artistic activities.
How many types of auxiliary tools are permitted to be used?
Permitted auxiliary tools for use include: Electric guns, tear gas, poison, anesthesia, electromagnetic fields, lasers, nets; wire throwing guns; rubber bullets, blank cartridges, plastic bullets, pepper spray, signal flares, command signals, marking devices; electric batons, metal batons, electric gloves.
What regulations are there regarding the storage of weapons, military explosives materials, and auxiliary tools after receipt?
Heavy weapons, bombs, mines, grenades, explosive charges, torpedoes, underwater explosives, missile warheads, artillery shells, and various types of shell warheads must be handed over to the Military Authority immediately upon receipt according to regulations. Other weapons and auxiliary tools after receipt must be arranged in warehouses or storage places; scientifically organized by type, brand, structural characteristics.
How many types of weapons are equipped for provincial public security?
Provincial public security is equipped with military weapons and auxiliary tools including: Pistols, rifles, submachine guns, machine guns, anti-tank guns, grenade launchers, heavy machine guns, mortars, recoilless rifles, anti-aircraft machine guns, and ammunition for these weapons; individual anti-tank missiles.
What regulations are there regarding the recovery of weapons, military explosives materials, and auxiliary tools?
After recovering weapons, military explosives materials, and auxiliary tools, they must be managed and stored according to Article 8 of the Law on Management and Use of Weapons, Explosives Materials, and Auxiliary Tools. Units must conduct statistics, prepare lists, organize inspections, assess quality and usability to implement removal from inventory, disposal, and destruction according to regulations.
Full text
CIRCULAR
Detailed regulations on certain provisions of the Law on Management,
use of firearms, explosives, and auxiliary tools
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Pursuant to the Law on Management, use of firearms, explosives, and auxiliary tools June 29, 2024;
Pursuant to Decree No. 01/2018/NĐ-CP dated 06 the 8 Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, procurement or tendering for the supply of products and services using state budget from regular operating expenses;18 of the Government amends and supplements certain Articles of Circular No. 09/2024/TT-BCA dated March 13, 2024 issued by the Minister of Public Security regarding the implementation of mass mobilization work by the People's Public Security force and Circular No. 124/2021/TT-BCA dated December 28, 2021 issued by the Minister of Public Security stipulating residential areas, communes, wards, towns, agencies, enterprises, and educational institutions meeting the criteria for "Safety in security and public order".
At the proposal of The Director of the Administrative Police Department for Social Order Management;
The Minister of Public Security promulgates this Circular detailing certain provisions of the Law on Management, use of firearms, explosives, and auxiliary tools.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
Article 1. This Circular stipulates the authority to decide on the quantity and types of firearms and auxiliary tools permitted to be brought into and out of the territory of the Socialist Republic of Vietnam; the authority to issue permits for firearms, explosives, explosive precursors, auxiliary tools, and registration declarations for auxiliary tools; the types of auxiliary tools for which permits for use or registration declarations are issued; the list of military firearms, sports firearms, crude weapons, auxiliary tools, and high-damage knives; storage of firearms, explosives, and auxiliary tools received and collected; procedures for registering and declaring auxiliary tools; equipping and using military firearms, explosives, and auxiliary tools; classification, storage, disposal, and destruction of military firearms, explosives, and auxiliary tools; training, management, and use of service animals; construction, management, updating, and exploitation of the Database on firearms, explosives, explosive precursors, and auxiliary tools; responsibilities in managing and using firearms, explosives, and auxiliary tools and statistical reporting systems.
Article 2. This Circular does not regulate the equipping, management, and use of firearms, explosives, explosive precursors, and auxiliary tools within the purview of the Ministry of National Defense; the management and use of industrial explosives and explosive precursors within the purview of the Ministry of Industry and Trade.
Article 2. Applicability
This Circular applies to agencies, organizations, enterprises, and individuals related to the management and use of firearms, explosives, explosive precursors, and auxiliary tools.
Article 3. Authority to decide on the quantity and types of firearms and auxiliary tools permitted to be brought into and out of the territory of the Socialist Republic of Vietnam
Clause 1. The Director of the Administrative Police Department for Social Order Management decides on the quantity and types of firearms and auxiliary tools permitted to be brought into and out of the territory of the Socialist Republic of Vietnam for training, competition, sales promotion, product introduction, exhibition, display, or as props in cultural and artistic activities.
Clause 2. Agencies of public security assigned tasks by the Minister of Public Security to develop programs and plans to bring firearms and auxiliary tools into and out of the territory of the Socialist Republic of Vietnam according to points c of Clause 1 and point c of Clause 2 of Article 11 of the Law on Management, use of firearms, explosives, and auxiliary tools must exchange and agree with the Administrative Police Department for Social Order Management before submitting to the Minister of Public Security for consideration and decision on the quantity and types of firearms and auxiliary tools to be brought into and out of the territory of the Socialist Republic of Vietnam.
Clause 1. The Director of the Administrative Police Department for Social Order Management has the authority to issue and reissue permits for firearms, explosives, explosive precursors, and auxiliary tools; issue registration declarations for auxiliary tools for agencies, organizations, and enterprises, including:
a) Permit for trading auxiliary tools;
b) Permit for purchasing firearms and auxiliary tools;
c) Permit for bringing firearms and auxiliary tools into and out of the territory of the Socialist Republic of Vietnam;
d) Permit for exporting and importing firearms and auxiliary tools;
đ) Permit for receiving firearms and auxiliary tools;
e) Permit for equipping, using, transporting, repairing military firearms, military explosives, auxiliary tools, and registration declarations for auxiliary tools for business units under the Ministry of Public Security, detention centers, compulsory education facilities, and juvenile rehabilitation centers under the Detention and Compulsory Education Administration;
g) Permit for equipping, using, transporting, repairing military firearms, military explosives, auxiliary tools, and registration declarations for auxiliary tools for entities under the purview of the Ministry of Public Security, including: Investigative agencies of the Supreme People's Procuracy; Aviation Security; non-military Cryptographic Forces; Customs at border gates; specialized anti-smuggling forces of Customs; Customs anti-drug crime forces; Forestry Protection and Fisheries Surveillance forces under the Ministry of Agriculture and Rural Development; organizations and enterprises certified by the Administrative Police Department for Social Order Management to meet security and social order conditions;
h) Permit for equipping, using, transporting, repairing sports firearms for units under the Ministry of Public Security authorized to engage in training and competition; the Vietnam Shooting Federation; the Vietnam Traditional Martial Arts Federation; agencies and organizations under the Ministry of Culture, Sports and Tourism equipped and used sports firearms for training and competition;
i) Permit for transporting, adjusting transport permits for industrial explosives and explosive precursors in cases of transit, export, and import of industrial explosives and explosive precursors.
Clause 2. The Head of the Social Order Administrative Police Department of the Provincial Police (referred to as Provincial Police) has the authority to issue and reissue permits for firearms, explosives, explosive precursors, and auxiliary tools; issue registration declarations for auxiliary tools for agencies, organizations, and enterprises, including:
a) Permit for equipping, using, transporting, repairing military firearms, military explosives, auxiliary tools, and registration declarations for auxiliary tools for units under the Provincial Police, including: Business units, county police; village, town, and ward police (referred to as Village Police);
b) Permit for equipping, using, transporting, repairing military firearms, auxiliary tools, and registration declarations for auxiliary tools for Forestry Protection and Fisheries Surveillance forces under the Department of Agriculture and Rural Development.
c) Permit for equipping, using, transporting, repairing, and registering declaration of support tools for subjects specified in points g, k, n, o, and p Clause 1 Article 52 of the Law on Management and Use of Weapons, Explosives Materials, and Support Tools; dedicated forest protection forces; direct inspection forces for specialized fisheries tasks; direct inspection forces for specialized transportation tasks; security personnel of agencies, organizations, and enterprises at localities permitted to equip and use support tools; businesses operating security services issued a Certificate of Eligibility for Security and Public Order by the Provincial Public Security Department's Administrative Police Branch;
d) Permit for equipping, using, transporting, repairing sports firearms for subjects specified in points đ, e, and g Clause 1 Article 24 of the Law on Management and Use of Weapons, Explosives Materials, and Support Tools; units under the Provincial Public Security Department permitted to engage in sports training and competition activities;
đ) Permit for transporting, adjusting transport permit for industrial explosives, explosive precursors, except for subjects specified in point i Clause 1 of this Article. In cases where the receiving warehouse does not issue a Permit for Transporting Industrial Explosives and Explosive Precursors, the Head of the Provincial Public Security Department's Administrative Police Branch at the location of the warehouse shall certify on the Registration Form for Receiving Industrial Explosives and Explosive Precursors;
Article 5. Types of support tools for which permits for use or registration declaration notifications are issued
1. Support tools for which permits for use are issued include: Electric guns, tear gas, poison, anesthesia agents, magnetic fields, lasers, nets; wire throwing guns; rubber bullets, explosive bullets, rubber bullets, pepper spray, signal flares, command signals, marking devices; electric batons, metal batons, electric gloves.
2. Support tools not covered by the provisions of Clause 1 of this Article must be issued registration declaration notifications.
Article 6. List of military weapons, sports firearms, crude weapons, support tools, and high-risk knives
1. The list of military weapons, sports firearms, crude weapons, support tools, and high-risk knives, as stipulated in this Circular, includes:
a) Appendix 1: List of military weapons as defined in point b Clause 2 Article 2 of the Law on Management and Use of Weapons, Explosives Materials, and Support Tools;
b) Appendix 2: List of sports firearms as defined in point a Clause 5 Article 2 of the Law on Management and Use of Weapons, Explosives Materials, and Support Tools;
c) Appendix 3: List of crude weapons as defined in point a Clause 4 Article 2 of the Law on Management and Use of Weapons, Explosives Materials, and Support Tools;
d) Appendix 4: List of support tools as defined in points a and b Clause 11 Article 2 of the Law on Management and Use of Weapons, Explosives Materials, and Support Tools;
đ) Appendix 5: List of high-risk knives as defined in Clause 6 Article 2 of the Law on Management and Use of Weapons, Explosives Materials, and Support Tools.
2. Based on management requirements during each period, the Administrative Police General Department is responsible for coordinating with relevant units to review and report to the Minister of Public Security for consideration and decision on amending and supplementing the lists of military weapons, sports firearms, crude weapons, support tools, and high-risk knives;
In cases where sports firearms, crude weapons, and support tools not included in the list specified in Clause 1 of this Article are imported, the Administrative Police General Department shall report to the Minister of Public Security for consideration and decision.
Article 7. Storage of firearms, explosives, and support tools received and collected
Clause 1. Heavy firearms, bombs, mines, grenades, explosive devices, torpedoes, underwater explosives, explosives, missile warheads, artillery shells, and various types of artillery warheads must be handed over to military authorities according to the provisions of Clause 2, Article 65 of the Law on Management and Use of Firearms, Explosives, and Support Tools immediately upon receipt.
Clause 2. For firearms and support tools, except for those specified in Clause 1 of this Article, after receiving and collecting, competent public security agencies shall implement the following:
a) Must arrange storage facilities and personnel responsible for managing and storing firearms and support tools; the storage facilities must have internal regulations, security plans, ensuring safety, order, security, fire prevention, explosion prevention, and environmental protection.
b) Before placing firearms and support tools into storage, they must be inspected for safety according to regulations.
c) In storage, firearms and support tools must be scientifically arranged by type, brand, and structural characteristics; dangerous and flammable/explosive items must be locked, secured with safety locks, or stored separately in dedicated cabinets.
d) After receiving and collecting, firearms, explosives, and support tools shall not be stored together with military-use firearms, explosives, and support tools.
đ) Must establish files and registers to track received and collected firearms and support tools.
e) In case of loss of firearms or support tools, or incidents involving storage facilities, the assigned management staff must immediately report to the unit head to take appropriate measures according to regulations.
Article 8. Procedures for registering declarations of support tools
Clause 3. Within seven working days from the date of receiving the complete application dossier, the competent public security agency must inspect the actual situation and issue a registration declaration notification for support tools; if not issuing, a written response explaining the reason must be provided.
Clause 4. In case of loss, damage, non-functionality, expiration, or full usage of support tools, the agency, organization, or enterprise equipped with them must report to the competent public security agency that issued the registration declaration notification for tracking, management, or handling according to regulations.
Chapter II
EQUIPMENT AND USE OF MILITARY FIREARMS, EXPLOSIVES, AND SUPPORT TOOLS
Section 1
EQUIPMENT AND USE OF MILITARY FIREARMS, EXPLOSIVES, AND SUPPORT TOOLS IN THE PEOPLE'S PUBLIC SECURITY FORCES
Article 9. Subjects to be equipped with military firearms, explosives, and support tools
1. Subjects to be equipped with military firearms and support tools include:
a) Departments and Corps under the Ministry of Public Security; academies and public security police schools;
b) Provincial public security agencies;
c) Prisons, detention centers; compulsory education facilities, rehabilitation schools; National Public Security Police Training and Professional Development Center;
đ) Commune-level public security agencies.
2. Subjects to be equipped with sports firearms include:
a) Academies and public security police schools;
b) National Public Security Police Sports Training and Competition Center;
c) National Public Security Police Training and Professional Development Center that trains for sports competitions.
3. The subjects specified in points a, b, c, and d of Clause 1 of this Article shall be equipped with military explosives.
Article 10. Types and quantities of military firearms, explosives, and support tools to be equipped
2. The subjects specified in point đ of Clause 1 of Article 9 of this Circular shall be equipped with military firearms and support tools, including: Short-barreled rifles, long-barreled rifles, submachine guns, and ammunition for these firearms; support tools; firearms specified in point c of Clause 1 of Article 6 of this Circular.
3. The subjects specified in Clause 2 of Article 9 of this Circular shall be equipped with sports firearms.
4. Based on the nature, requirements, and tasks, public security units and localities shall report to the Minister of Public Security for consideration and decision on additional types and quantities of military firearms, explosives, and support tools for the subjects specified in Article 9 of this Circular.
5. Annually before June 30, public security units and localities shall prepare plans for the types and quantities of military firearms, explosives, and support tools needed for the following year according to standards and quotas, submit them to the Equipment and Logistics General Department for consolidation, and report to the Minister of Public Security for consideration and decision.
Article 11. Authority to equip military firearms, explosives, and support tools
1. The Minister of Public Security decides on equipping military firearms, explosives, and support tools for the entire People's Public Security force.
2. The Director of the Equipment and Logistics Department decides on supplementary equipping of military firearms, explosives, and support tools for public security units and localities after obtaining the agreement of the Minister of Public Security.
3. Based on the quantity and type of military firearms, explosives, and support tools equipped, the heads of units and the Directors of provincial-level public security agencies decide on the quantity and type of military firearms, explosives, and support tools to be equipped for units within their management scope.
4. In cases where provincial-level public security agencies need to equip support tools using local financial resources, the Directors of provincial-level public security agencies shall make decisions on equipping and implement in accordance with Article 53 of the Law on Management and Use of Firearms, Explosives, and Support Tools; after equipping, they shall report to the Equipment and Logistics Department for monitoring, management, and inclusion in the asset inventory of the People's Public Security force.
Article 12. Transfer of firearms, explosive materials for military use, and auxiliary tools
1. Authority to transfer firearms, explosive materials for military use, and auxiliary tools includes:
a) The Minister of Public Security decides to transfer firearms, explosive materials for military use, and auxiliary tools from one local police unit to another within the national scope when there is an urgent situation posing a threat to national security but not reaching the level of declaring a state of emergency;
b) In cases not covered by point a of this clause, the Director of the Equipment and Logistics Department decides to transfer firearms, explosive materials for military use, and auxiliary tools from one local police unit to another after reporting and obtaining the approval of the Minister of Public Security;
c) The head of local police units decides to transfer firearms, explosive materials for military use, and auxiliary tools among units under their management.
2. After making the transfer decision, local police units must hand over firearms, explosive materials for military use, and auxiliary tools; prepare a handover record detailing the type, quantity, quality, serial number, country of manufacture, equipment, and accessories; the record shall be made in two copies, with confirmation from the leadership of both the transferring and receiving units.
3. Upon receiving firearms, explosive materials for military use, and auxiliary tools, local police units must request the competent authority to issue a usage permit and register for declaration according to regulations. After handing over firearms, explosive materials for military use, and auxiliary tools, local police units must return the usage permit and registration declaration to the issuing authority.
Article 13. Mobilization of firearms, explosive materials for military use, and auxiliary tools
1. Authority to mobilize firearms, explosive materials for military use, and auxiliary tools includes:
a) The Minister of Public Security decides to mobilize firearms, explosive materials for military use, and auxiliary tools from the Ministry of Public Security to other agencies, organizations, and units outside the Public Security sector;
b) The Director of the Equipment and Logistics Department decides to mobilize firearms, explosive materials for military use, and auxiliary tools from one local police unit to another after reporting and obtaining the approval of the Minister of Public Security;
c) The head of local police units decides to mobilize firearms, explosive materials for military use, and auxiliary tools among units under their management.
2. After making the mobilization decision, local police units must hand over firearms, explosive materials for military use, and auxiliary tools along with the usage permit and registration declaration; prepare a handover record detailing the type, quantity, quality, serial number, country of manufacture, equipment, and accessories of the firearms, explosive materials for military use, and auxiliary tools and the usage permit and registration declaration; the record shall be made in two copies, with confirmation from the leadership of both the transferring and receiving units.
3. At the end of the mobilization period as decided, local police units must hand over firearms, explosive materials for military use, and auxiliary tools along with the usage permit and registration declaration; prepare a handover record according to the provisions of Clause 2 of this Article.
Article 14. Use of Military Explosives
1. Commanders and those directly using military explosives in the People's Public Security must be trained and instructed on the use of military explosives and must be permitted to use them by the competent authority.
2. The cases of using military explosives include:
a) Performing tasks to protect national security and ensure public order and social safety;
b) Training, drills, competitions;
c) Handling emergency situations and mitigating natural disasters.
3. Military explosives must only be used if they are equipped, within their service life, and when using them, absolute safety and environmental protection must be ensured; damage caused by the use of military explosives must be minimized to the lowest extent possible.
4. After use, military explosives must be inspected to ensure security and safety; unused explosives must be recovered, managed, stored, or destroyed according to regulations.
Section 2
EQUIPMENT OF WEAPONS AND AUXILIARY TOOLS FOR OTHER SUBJECTS UNDER THE MANAGEMENT OF THE MINISTRY OF PUBLIC SECURITY
Article 15. Subjects and Types of Weapons Equipped
1. Cryptographic forces not under the management of the Ministry of National Defense shall be equipped with military weapons, including: Short-barreled guns, ammunition for this type of gun; weapons specified in point c, Clause 1, Article 6 of this Circular.
4. Air Security Forces shall be equipped with military weapons, including: Short-barreled guns, ammunition for this type of gun; weapons specified in point c, Clause 1, Article 6 of this Circular.
5. Customs checkpoints; specialized anti-smuggling forces of Customs; Customs anti-drug crime forces shall be equipped with military weapons, including: Short-barreled guns, submachine guns, ammunition for these types of guns; weapons specified in point c, Clause 1, Article 6 of this Circular.
6. Investigation agencies of the Supreme People's Procuracy shall be equipped with military weapons, including: Short-barreled guns and ammunition for this type of gun.
7. National Defense and Security Education Centers; clubs, training and sports instruction facilities with operating licenses; other agencies, organizations, and enterprises established and licensed to operate in sports training and competition shall be equipped with sports weapons.
Article 16. Subjects and Types of Auxiliary Tools Equipped
1. Subjects specified in Clauses 2, 3, 4, and 5 of Article 15 of this Circular and drug rehabilitation centers shall be equipped with auxiliary tools.
3. Forces protecting agencies, organizations, enterprises, and enterprises engaged in security services shall be equipped with auxiliary tools, including: Electric batons, metal batons, rubber batons, bulletproof vests, knife-catching gloves;
In cases where performing protective duties at state agencies; important political, economic, diplomatic, scientific and technological, cultural, and social targets; on trains; banks; hospitals; economic zones, industrial zones, export processing zones; enterprises producing, trading, and using industrial explosives; enterprises and cooperatives trading gold, precious stones, foreign exchange, and Vietnamese currency, based on the nature and requirements of the protective duty, the competent authority shall consider and decide to equip pepper spray devices; electric shotguns; shotguns firing live, rubber, and pepper rounds, and ammunition for these types of shotguns;
In cases where performing protective duties at zoos; research and experimental science forests; conservation areas for species and habitats, based on the nature and requirements of the research, care, and protection duties, the competent authority shall consider and decide to equip tranquilizer shotguns and ammunition for these types of shotguns.
4. Forces participating in maintaining security and order at grassroots levels shall be equipped with auxiliary tools, including: Metal batons, rubber batons, stab-proof vests, knife-catching gloves.
5. Forces protecting clubs, training and sports instruction facilities with operating licenses shall be equipped with auxiliary tools, including: Metal batons, rubber batons.
Chapter III
CLASSIFICATION, STORAGE, DISPOSAL, AND DESTRUCTION OF WEAPONS, MILITARY EXPLOSIVES, AND AUXILIARY TOOLS AFTER RECOVERY FROM SUBJECTS EQUIPPED UNDER THE MANAGEMENT OF THE MINISTRY OF PUBLIC SECURITY
Article 17. Classification and Storage of Military Firearms, Explosives, and Support Tools
2. The Guard Command, Mobile Police Command, Prison Management Police Bureau, compulsory educational facilities, and reformatory schools shall be responsible for classifying military firearms, explosives, and support tools supplied to units under their jurisdiction for surrender.
3. The Administrative Management Police Bureau for Social Order shall be responsible for classifying firearms and support tools provided to agencies, organizations, and enterprises specified in Clause 1, Article 4 of this Circular for surrender; the Provincial Public Security Department's Administrative Management Police Bureau for Social Order shall be responsible for classifying firearms and support tools provided to agencies, organizations, and enterprises specified in Clause 2, Article 4 of this Circular for surrender.
4. Annually, units specified in Clauses 1, 2, and 3 of this Article must compile statistics, create lists, organize inspections, evaluate quality, and usage value of recovered military firearms, explosives, and support tools to implement removal from inventory, liquidation, and destruction according to the provisions of Clauses 4 and 5, Article 18 of this Circular.
5. After recovery, military firearms, explosives, and support tools must be managed and stored according to the provisions of Article 8 of the Law on Management and Use of Firearms, Explosives, and Support Tools.
Article 18. Liquidation and Destruction of Military Firearms, Explosives, and Support Tools
1. The Minister of Public Security shall decide to remove from inventory, liquidate, and destroy military firearms, sports firearms, and military explosives as stipulated in Point a, Clause 2, Point a, Clause 5, and Clause 8, Article 2 of the Law on Management and Use of Firearms, Explosives, and Support Tools.
a) Units under the Guard Command, Mobile Police Command, Prison Management Police Bureau, compulsory educational facilities, reformatory schools, and business departments, county-level public security bureaus under provincial public security departments that are equipped with and use military firearms, explosives, and support tools must classify quality and prepare files annually to submit to the Logistics Department for consolidation and reporting to the head of the unit and the Provincial Public Security Department Director for approval of the policy and establishment of the Committee for Removal from Inventory, Liquidation, and Destruction of Military Firearms, Explosives, and Support Tools;
b) The Committee for Removal from Inventory, Liquidation, and Destruction of Military Firearms, Explosives, and Support Tools must organize evaluations of quality and classification of military firearms, explosives, and support tools and report recommendations to the head of the unit and the Provincial Public Security Department Director for decision;
c) The head of the unit and the Provincial Public Security Department Director, based on the evaluation results of the Committee, shall decide to remove from inventory, liquidate, and destroy military firearms, explosives, and support tools as stipulated in Clause 3 of this Article and organize liquidation and destruction, reporting to the Equipment and Logistics Department for removal from inventory according to the law on management and use of state assets. In cases of military firearms and explosives as stipulated in Clause 1 of this Article, local public security units must prepare files for submission to the Equipment and Logistics Department for consolidation and reporting to the Minister of Public Security for consideration and decision on removal from inventory, liquidation, and destruction; after the Minister of Public Security's decision, the Equipment and Logistics Department shall carry out removal from inventory and liquidation and destruction according to regulations;
d) The application file for removal from inventory, liquidation, and destruction of military firearms, explosives, and support tools includes: the application document specifying the reasons, quantity, type, brand, and serial number of the firearms, explosives, and support tools proposed for removal from inventory, liquidation, and destruction, and other related documents (if any); in cases where military firearms have unclear serial numbers or no serial numbers, the identification results and database search results from the Institute of Forensic Science or the Provincial Public Security Department's Criminal Technical Investigation Bureau must be attached;
e) Within seven working days from the completion of the removal from inventory, liquidation, and destruction of assets according to regulations, the business department and provincial public security department specified in Clause 3 of this Article must reduce assets according to regulations and update full information into the asset management software, reporting to the Planning and Finance Department, Equipment and Logistics Department, and Administrative Management Police Bureau for Social Order for monitoring and management;
The members of the Committee under the Guard Command, Mobile Police Command, Prison Management Police Bureau, compulsory educational facilities, and reformatory schools include: representatives of the leadership of the Command and Bureau as the Chair of the Committee; representatives of specialized departments and units proposing removal from inventory, liquidation, and destruction as members of the Committee.
The Provincial Public Security Council consists of: The leader of the Provincial Public Security as the chairman of the Council; representatives from the Logistics Department, the Administrative Police Department managing public order and social administration, and the unit proposing to remove from the establishment, liquidate, or destroy weapons and explosive materials are members of the Council;
For files submitted by the Guard Command, the Mobile Police Command, the Prison Management Bureau, the Compulsory Education Facility Management Bureau, the Juvenile Rehabilitation Center, and the Provincial Public Security to the Equipment and Logistics Bureau, they must be accompanied by a record of the Council's decision on removing from the establishment, liquidating, or destroying weapons and explosive materials;
5. The procedures and formalities for the liquidation and destruction of weapons and support tools of agencies, organizations, and enterprises under the management authority of the Ministry of Public Security shall be carried out as follows:
a) After recovering weapons and support tools submitted by agencies, organizations, and enterprises, the Weapons, Explosives, Support Tools, and Fireworks Guidance Management Department or the Administrative Police Department of the Provincial Public Security shall report to the Director of the Administrative Police Bureau or the Provincial Public Security Director to decide on establishing a Council for the liquidation and destruction of weapons and support tools;
b) The liquidation and destruction Council must organize an assessment of the quality and classification of weapons and support tools; for weapons and support tools that still have value for use, the Administrative Police Bureau or the Provincial Public Security shall prepare a proposal to submit to the Equipment and Logistics Bureau for consolidation and reporting to the Minister of Public Security for a decision to supplement them into the asset establishment within the People's Public Security force according to regulations; for weapons and support tools that no longer have value for use, the Director of the Administrative Police Bureau or the Provincial Public Security Director shall decide to destroy them according to regulations;
c) The destruction process must ensure absolute safety and environmental protection; after destruction, the site must be inspected to ensure that all weapons and support tools destroyed have lost their ability to restore functionality and effectiveness. The results of the destruction must be recorded in a protocol with confirmation from the chairman and members of the Council;
Article 19. Funding to ensure the classification, storage, liquidation, and destruction of weapons, military explosives, and support tools
1. Funding for the classification, storage, liquidation, and destruction of weapons, military explosives, and support tools is allocated in the annual state budget estimate of the Ministry of Public Security for the following purposes:
a) Construction of warehouses for storing weapons, military explosives, and support tools after recovery, acceptance, and collection; procurement of equipment and facilities serving the work of classification, storage, liquidation, and destruction of weapons, military explosives, and support tools;
b) Activities of forces implementing the work of classification, storage, liquidation, and destruction of weapons, military explosives, and support tools; training and professional development in ordnance affairs;
2. The Administrative Police Bureau, the Equipment and Logistics Bureau, the Guard Command, the Mobile Police Command, the Prison Management Bureau, the Compulsory Education Facility Management Bureau, the Juvenile Rehabilitation Center, and the Provincial Public Security have the responsibility to prepare annual funding estimates for the classification, storage, liquidation, and destruction of weapons, military explosives, and support tools of their units and localities to be reviewed by the Planning and Finance Bureau and reported to the Minister of Public Security for consideration and decision;
Chapter IV
TRAINING, MANAGEMENT AND USE OF WORK ANIMALS
Article 20. Training of Service Animals
1. The training of service animals shall be carried out by functional units of the Ministry of Public Security assigned tasks by the Minister of Public Security.
2. The unit training service animals must have dedicated staff, material infrastructure, equipment, means, and content, program for training service animals, specifically:
a) Staff training service animals must have a certificate completing the training program on training, using service animals in the People's Police and be assigned tasks to manage and train service animals by competent authorities.
b) Material infrastructure, equipment, means serving the breeding, training of service animals must meet standards and norms prescribed by the Minister of Public Security.
c) The unit training service animals is responsible for organizing and coordinating with related functional units to compile content and programs for training service animals suitable for the purpose of training according to each specialized field.
3. After completing the training of service animals, the training unit shall issue certificates in accordance with regulations.
Article 21. Management of Service Animals
1. The authority responsible for training service animals must establish management files to monitor service animals, including:
a) Pedigree;
b) Record of training process and usage results;
c) Medical record;
d) Certificate of service animals.
đ) Other related documents.
2. After being decided by the competent authority or granted a permit to equip, the unit training service animals is responsible for transferring service animals and management files to the unit, agency, organization that has been equipped or provided with service animals for management and use in accordance with regulations.
3. After being equipped or provided with service animals, the unit, agency, organization must complete registration procedures with the competent authority to obtain a registration notification in accordance with regulations; during the breeding, training, and use of service animals, relevant materials must be added to the management file.
Article 22. Use of Service Animals
1. When performing tasks, users of service animals must comply with the provisions of Clause 1, Article 58 of the Law on Management and Use of Weapons, Explosive Materials, and Support Tools and may use them in the following cases:
a) Supporting patrol, control, guarding, protecting targets; preventing public disorder, demonstrations, riots, terrorism; protecting court sessions, enforcing sentences, searching for human remains, evidence; tracking human scent traces; detecting drugs, explosive materials;
b) Supporting search and rescue operations and other operational activities;
c) Supporting the detection, prevention, pursuit, arrest, escorting of criminal suspects, detainees, convicts;
d) Performing rituals, participating in parades, reviews.
2. Users of service animals are not liable for damages when using service animals in compliance with the provisions of Clause 1 of this Article; in cases where the use of service animals exceeds the limits of self-defense, causing clear damage beyond the requirements of emergency situations, exploiting or misusing service animals to infringe upon the lives, health, property, rights, and legitimate interests of agencies, organizations, individuals, they will be dealt with according to the law.
Chapter V
CONSTRUCTION, MANAGEMENT, UPDATE, EXPLOITATION OF DATABASES ON WEAPONS, EXPLOSIVE MATERIALS, PRECURSOR DRUGS, SUPPORT TOOLS
Article 23. Construction of the Database on Weapons, Explosive Materials, Precursors to Explosives, and Support Tools
Clause 1. The Database on Weapons, Explosive Materials, Precursors to Explosives, and Support Tools shall be constructed, managed centrally and uniformly at the Ministry of Public Security and connected synchronously with local public security units.
Clause 2. Construction of the Database on Weapons, Explosive Materials, Precursors to Explosives, and Support Tools includes the following activities:
Point a) Arranging locations for installing information technology equipment.
Point b) Investing in technical infrastructure for the database, including server systems, workstations, data storage systems, network devices, backup devices, peripheral devices, system software, and other supporting devices.
Point c) Constructing subsystems for managing weapons, explosive materials, precursors to explosives, and support tools within the shared database of the Administrative Police Department for Social Order Management.
Point d) Standardizing and updating data into the Database on Weapons, Explosive Materials, Precursors to Explosives, and Support Tools.
Point đ) Operating and adjusting the Database on Weapons, Explosive Materials, Precursors to Explosives, and Support Tools.
Point e) Ensuring the security and safety of the Database on Weapons, Explosive Materials, Precursors to Explosives, and Support Tools.
Article 24. Management of the Database on Weapons, Explosive Materials, Precursors to Explosives, and Support Tools
Clause 1. Establishing procedures for implementing management, updating, and exploiting the Database on Weapons, Explosive Materials, Precursors to Explosives, and Support Tools.
Clause 2. Managing the software system of the Database on Weapons, Explosive Materials, Precursors to Explosives, and Support Tools.
Clause 3. Managing and storing the Database on Weapons, Explosive Materials, Precursors to Explosives, and Support Tools to ensure information and data security during transmission.
Clause 4. Assigning permissions and managing login accounts to the Database on Weapons, Explosive Materials, Precursors to Explosives, and Support Tools within the scope of management.
Clause 5. Organizing training and instruction for staff responsible for managing, updating, and exploiting the Database on Weapons, Explosive Materials, Precursors to Explosives, and Support Tools.
Clause 6. Ensuring funding for maintaining and upgrading the Database on Weapons, Explosive Materials, Precursors to Explosives, and Support Tools.
Clause 7. Directing inspections and supervision of the management, updating, and exploitation of the Database on Weapons, Explosive Materials, Precursors to Explosives, and Support Tools.
Clause 8. Summarizing and reporting on the situation and results of managing, updating, and exploiting the Database on Weapons, Explosive Materials, Precursors to Explosives, and Support Tools.
Article 25. Ensuring Security and Safety of the Database on Weapons, Explosive Materials, Precursors to Explosives, and Support Tools
Clause 1. Using encrypted channels and user authentication for the following activities: System administration login, application login, operations on system functions of the Database on Weapons, Explosive Materials, Precursors to Explosives, and Support Tools.
Clause 2. Encrypting and securing the transmission channel and information within the Database on Weapons, Explosive Materials, Precursors to Explosives, and Support Tools.
Clause 3. Applying measures to ensure authenticity and data security within the Database on Weapons, Explosive Materials, Precursors to Explosives, and Support Tools.
Clause 4. Implementing logging in creating, changing, and deleting data to serve management and monitoring of the system.
Clause 5. Establishing and maintaining a backup system and backing up data into the backup system to ensure stable and continuous operation under conditions of natural disasters, fires, and other incidents.
Article 26. Management of the Administrative Account for the Database on Weapons, Explosives, Precursors to Explosives, and Auxiliary Tools
The management of the administrative account for the Database on Weapons, Explosives, Precursors to Explosives, and Auxiliary Tools shall be carried out by officers assigned tasks and functions of administration from the Administrative Police Department under the Public Order Management Bureau, specifically as follows:
1. Issuing and revoking user accounts and passwords for logging into the Database on Weapons, Explosives, Precursors to Explosives, and Auxiliary Tools.
2. Assigning permissions for database functions to users and user groups.
3. Searching and viewing information on operations performed on the database accounts.
Article 27. Updating and Searching the Database on Weapons, Explosives, Precursors to Explosives, and Auxiliary Tools
1. Updating the database involves implementing updates to information in licensing documents, registration declarations, certifications, and certificates regarding weapons, explosives, precursors to explosives, and auxiliary tools that have been issued, specifically:
a) Prior to data conversion, the assigned officer must check, compile statistics, and create a detailed list of information fields in the data conversion section of the database, reporting to the authorized leadership for approval;
b) Submitting for approval by the authorized leadership;
c) Implementing the data update into the software system.
2. Updating data on the receipt, collection, classification, storage, disposal, and destruction of weapons, explosives, and auxiliary tools
a) Officers tasked with recovering military-use weapons, explosives, and auxiliary tools equipped, along with licenses and registration declarations, must accept the files, compare them with legal regulations on weapons, explosives, and auxiliary tools; classify and update the information, print handover records, report to the authorized leadership for approval and signature;
b) In cases where collections are handed over by agencies, organizations, or individuals at the Provincial Public Security Administrative Police Department according to point a of this clause;
c) In cases where collections are handed over by agencies, organizations, or individuals at other agencies or units, the receiving agency or unit must prepare a report and attach a handover record sent to the Provincial Public Security Administrative Police Department to implement the update into the database.
3. Business Units directly under the Ministry, and provincial-level public security business units related to weapons, explosives, precursors to explosives, and auxiliary tools may update and utilize data on weapons, explosives, precursors to explosives, and auxiliary tools within the database.
4. Searching Information
a) The Administrative Police Department has permission to search information on the Database on Weapons, Explosives, Precursors to Explosives, and Auxiliary Tools nationwide;
b) The Provincial Public Security Administrative Police Department has permission to search information on the Database on Weapons, Explosives, Precursors to Explosives, and Auxiliary Tools within its jurisdiction. If searching outside the jurisdiction, a request must be made in writing to the Administrative Police Department for a search;
c) The Equipment and Logistics Bureau can search information on military-use weapons, explosives, and auxiliary tools within the People's Public Security; the Criminal Science Institute and the Criminal Technical Investigation Departments of provincial-level public security can search information from the Database on Weapons, Explosives, Precursors to Explosives, and Auxiliary Tools to serve criminal technical investigation work;
d) Agencies, organizations, and enterprises requiring searches must submit a written request and obtain approval from the Director of the Administrative Police Department or the Head of the Provincial Public Security Administrative Police Department; within 24 hours of receiving the request, the assigned officer must carry out the search and report the results back to the requesting agency, organization, or enterprise.
Article 28. Backup and Recovery of the Database on Weapons, Explosives Materials, Precursors to Explosives, and Support Tools
1. The database on weapons, explosives materials, precursors to explosives, and support tools shall be regularly backed up and stored and managed at the Administrative Police Management Department. The backup process must be secured, and regular checks must be conducted.
2. Recovery of the database on weapons, explosives materials, precursors to explosives, and support tools will be carried out when data is destroyed, subjected to cyber attacks, unauthorized access, or other incidents causing damage to operational data.
3. When storage devices for weapons, explosives materials, precursors to explosives, and support tools malfunction or break down, they must be handed over to organizations or individuals for warranty service or repair under the supervision of specialized staff and with the approval of the Director of the Administrative Police Management Department; when replacing storage devices, the old devices must be retained for management.
Article 29. Maintenance, Upgrade, and Development of the Database on Weapons, Explosives Materials, Precursors to Explosives, and Support Tools
1. The Administrative Police Management Department shall carry out maintenance of the database on weapons, explosives materials, precursors to explosives, and support tools as follows:
a) Ensuring the technical infrastructure system and environment for the installation and operation of the database on weapons, explosives materials, precursors to explosives, and support tools;
b) Implementing measures to ensure the security and safety of the database on weapons, explosives materials, precursors to explosives, and support tools;
c) Regularly maintaining, servicing, and repairing to ensure continuous operation of the database on weapons, explosives materials, precursors to explosives, and support tools;
d) Establishing and maintaining a backup and recovery system to ensure stable and continuous operation in case of natural disasters, fires, and other incidents;
đ) Conducting monitoring activities to warn against actions that endanger the database on weapons, explosives materials, precursors to explosives, and support tools.
2. The Administrative Police Management Department shall review and propose investment plans for expanding, maintaining, upgrading, and developing the database on weapons, explosives materials, precursors to explosives, and support tools to meet practical requirements.
Chapter VI
RESPONSIBILITIES IN MANAGEMENT AND USE OF WEAPONS, EXPLOSIVES MATERIALS, AND SUPPORT TOOLS AND REGIMES FOR RECORDING AND REPORTING
Article 30. Responsibilities of the Administrative Police Management Department
1. Advising competent authorities on drafting and promulgating normative legal documents on the management and use of weapons, military explosives materials, and support tools.
2. Directing, guiding, inspecting, and urging public security units and localities in implementing the Law on the Management and Use of Weapons, Explosives Materials, and Support Tools and related implementation guidelines; directing and organizing training on the management and use of weapons, explosives materials, and support tools within the People's Public Security.
3. Organizing the dissemination and popularization of normative legal documents on the management and use of weapons, explosives materials, and support tools; preventing and combating violations of laws in the management and use of weapons, explosives materials, and support tools.
4. Building, managing, updating, and exploiting the database on weapons, explosives materials, precursors to explosives, and support tools. Annually, preparing a budget estimate for expanding, maintaining, upgrading, and developing the database on weapons, explosives materials, precursors to explosives, and support tools, reporting to the Minister of Public Security for consideration and decision.
5. Organizing the implementation of the collection, classification of weapons and support tools of agencies, organizations, and enterprises permitted to equip and use outside the Public Security sector; issuing various types of permits and registration declarations for weapons, explosives materials, and support tools according to authority; organizing training, seminars, and certification for the use and management of weapon storage facilities for individuals belonging to agencies, organizations, and enterprises authorized to produce, trade, export, import, equip, and use weapons, military explosives materials, and support tools under the management of the Ministry of Public Security.
6. Managing research, manufacturing, production, repair, trading, export, and import of weapons, military explosives materials, and support tools.
7. Organizing the implementation of inspections on the management and use of weapons, explosives materials, and support tools for agencies, organizations, and enterprises permitted to produce, trade, export, import, equip, and use weapons, explosives materials, and support tools; resolving complaints and accusations, and handling violations of laws on the management and use of weapons, explosives materials, and support tools according to authority.
8. Researching and applying science and technology to the management and use of weapons, explosives materials, and support tools; implementing international cooperation on weapons, explosives materials, and support tools.
9. Summarizing and reporting the situation and results of the management and use of weapons, explosives materials, and support tools as prescribed.
Article 31. Responsibilities of the Equipment and Logistics Bureau
1. Establish standards and quotas for weapons, military explosives, and support tools for units and localities under the Public Security; calculate the reserve quantities of weapons, military explosives, and support tools to be stored in the Ministry of Public Security's warehouses.
2. Develop plans and implement the allocation, transfer, and mobilization of weapons, military explosives, and support tools within the People's Public Security according to regulations.
3. Place orders and import various types of weapons, military explosives, and support tools for allocation within the People's Public Security according to authority.
4. Coordinate training on management and use of weapons, military explosives, and support tools within the People's Public Security.
5. Organize the implementation of inspections on storage work, assess the quality of weapons, military explosives, and support tools allocated to units and localities' public security according to authority.
Article 32. Responsibilities of Units Subordinate to the Ministry of Public Security
1. Develop plans for allocation, organize reception, distribution, transfer, and mobilization of weapons, military explosives, and support tools for objects under their management scope.
2. Compile reports on equipment, management, and use of weapons, military explosives, and support tools within their management scope.
Article 33. Responsibilities of Provincial and Central City Public Security
1. Advise the People's Committee at the same level to issue guiding documents on the management and use of weapons, explosives, and support tools according to authority.
2. Promote and disseminate the Law on Management and Use of Weapons, Explosives, and Support Tools and guiding documents for implementation.
5. Develop plans for allocation, transfer, and mobilization of weapons, military explosives, and support tools for objects under their management scope.
6. Organize updates and exploitation of the Database on weapons, explosives, explosive precursors, and support tools according to authority.
7. Prevent and combat violations of laws in the management and use of weapons, explosives, and support tools.
8. Inspect and evaluate the quality of weapons, military explosives, and support tools to report to the competent authority for liquidation and destruction according to regulations.
9. Direct the Provincial Public Security Administrative Order Maintenance Police Department to implement inspections on management and use of weapons, explosives, and support tools for organizations and enterprises specified in Clause 2, Article 4 of this Circular; handle complaints, denunciations, and violations of management and use of weapons, explosives, and support tools according to authority.
10. Compile and report on management and use of weapons, explosives, and support tools according to regulations.
Article 34. Responsibilities of agencies, units, organizations, and enterprises equipped with, provided with, and using firearms, ammunition, explosives, and auxiliary tools
1. Implement management, storage, and use of firearms, ammunition, explosives, and auxiliary tools in accordance with their intended purposes and regulations.
2. Conduct regular annual inspections and evaluations of firearms, ammunition, explosives, and auxiliary tools provided; in cases where there is no longer a need for use, they have expired, or are no longer usable, they must be surrendered to the competent authority as prescribed.
3. Firearms and auxiliary tools provided must request the competent authority to issue a permit for use or register and report according to the regulations; in case of loss of permits, registration reports, certificates, or licenses, immediate notification must be made to the issuing authority.
4. Only individuals meeting the conditions stipulated in Clause 1, Article 6 of the Law on Management and Use of Firearms, Ammunition, Explosives, and Auxiliary Tools may be assigned to use firearms, ammunition, explosives, and auxiliary tools.
5. Assign individuals meeting the conditions stipulated in Clause 1, Article 7 of the Law on Management and Use of Firearms, Ammunition, Explosives, and Auxiliary Tools to manage warehouses and storage locations for firearms, ammunition, explosives, and auxiliary tools.
6. Arrange warehouses and storage locations for firearms, ammunition, explosives, and auxiliary tools in accordance with regulations.
7. Coordinate with authorized public security agencies to organize training and instruction on the management and use of firearms, ammunition, explosives, and auxiliary tools.
8. Summarize and report on the management and use of firearms, ammunition, explosives, and auxiliary tools as prescribed.
Article 35. Statistical Reporting System
3. Every six months and annually, agencies, organizations, and enterprises under the management authority of the Ministry of Public Security shall report on the situation and results of production, business operations, export, import, provision, and use of firearms and auxiliary tools according to Model VC36 issued together with Circular No. 77/2024/TT-BCA to the Administrative Management Police Department or the Social Order Management Police Division according to their authority.
4. When serious and complex incidents related to firearms, ammunition, explosives, and auxiliary tools occur or upon the request of the competent authority, agencies, units, organizations, and enterprises permitted to produce, operate, export, import, provide, and use firearms, ammunition, explosives, and auxiliary tools must immediately report in writing to the competent management authority.
Chapter VII
IMPLEMENTATION
Article 36. Effective Date
1. This Circular shall take effect from January 1, 2025.
2. The following Circulars shall cease to be effective from the date this Circular comes into force:
a) Circular No. 16/2018/TT-BCA dated May 15, 2018, of the Minister of Public Security detailing certain provisions of the Law on Management and Use of Firearms, Ammunition, Explosives, and Auxiliary Tools;
b) Circular No. 17/2018/TT-BCA dated May 15, 2018, of the Minister of Public Security on the provision of firearms, ammunition, explosives, and auxiliary tools;
c) Circular No. 21/2019/TT-BCA dated July 18, 2021, of the Minister of Public Security amending and supplementing certain provisions of Circular No. 16/2018/TT-BCA dated May 15, 2018, of the Minister of Public Security detailing certain provisions of the Law on Management and Use of Firearms, Ammunition, Explosives, and Auxiliary Tools.
Article 37. Responsibility for Implementation
1. The Director of the Administrative Management Police Department is responsible for directing, guiding, and inspecting the implementation of this Circular.
2. Heads of units under the Ministry of Public Security, Directors of Public Security Departments of provinces and centrally-administered cities, and relevant agencies, organizations, and individuals are responsible for implementing this Circular. During the implementation of this Circular, if there are difficulties or obstacles, public security units, localities, agencies, organizations, and individuals concerned shall report to the Ministry of Public Security (through the Administrative Management Police Department) for timely guidance.
During the implementation of this Circular, if there are difficulties or obstacles, public security units, localities, agencies, organizations, and individuals concerned shall report to the Ministry of Public Security (through the Administrative Management Police Department) for timely guidance./.
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