Decree No. 79/2018/NĐ-CP detailing certain provisions and measures for the implementation of the Law on Management and Use of Weapons, Explosive Materials, and Auxiliary Tools

Decree No. 16/2018/NĐ-CP detailing certain provisions and measures for the implementation of the Law on Management and Use of Weapons, Explosive Materials, and Auxiliary Tools took effect from July 1, 2018. This Decree abolishes previous decrees related to the management of weapons, explosive materials, and auxiliary tools.

Số hiệu79/2018/NĐ-CP
Loại văn bảnDecree
Cơ quan ban hànhMinistry of Public Security
Người kýNguyễn Xuân Phúc — Thủ tướng
Cập nhật18/06/2026
NgànhPublic Security
Lĩnh vựcManagement of Weapons, Industrial Explosives and Support Tools
Ngày ban hành16/05/2018
Ngày áp dụng01/07/2018
Ngày hết hiệu lực01/01/2025
Tình trạngExpired
✦ Tóm lược thông minh

Decree No. 16/2018/NĐ-CP detailing certain provisions and measures for the implementation of the Law on Management and Use of Weapons, Explosive Materials, and Auxiliary Tools took effect from July 1, 2018. This Decree abolishes previous decrees related to the management of weapons, explosive materials, and auxiliary tools.

Đối tượng áp dụng

Ministries, sectors, local agencies, enterprises, and individuals involved in the management and use of weapons, explosive materials, and auxiliary tools.

Các điểm cốt lõi

  • Detailed regulations on equipping, managing, and using weapons, explosive materials, and auxiliary tools
  • Determining the authority to issue licenses for the management and use of weapons, explosive materials, and auxiliary tools
  • Regulations on training, instruction, and professional certificates related to weapons, explosive materials, and auxiliary tools
  • Regulations on inspecting and supervising the management and use of weapons, explosive materials, and auxiliary tools
  • Abolishing previous decrees

🌐 Tác động xã hội từ văn bản này

  • Enhancing effectiveness in the management and use of weapons, explosive materials, and auxiliary tools
  • Minimizing the risk of violations of laws concerning weapons, explosive materials, and auxiliary tools
  • Increasing public awareness of compliance with relevant legal regulations

❓ Câu hỏi thường gặp

When does this Decree take effect?

From July 1, 2018.

Which decrees are abolished by this Decree?

Abolishing Decree No. 25/2012/NĐ-CP, Decree No. 26/2012/NĐ-CP, and Decree No. 76/2014/NĐ-CP.

Which agencies have the authority to inspect the management and use of weapons, explosive materials, and auxiliary tools?

Police agencies authorized by the Minister of Public Security and agencies authorized by the Ministry of National Defense.

Toàn văn

DECREE

Article 1. Detailed provisions on some articles and measures for implementing the Law on Management and Use of Firearms, Explosives, and Auxiliary Tools.
use of weapons, explosives, and auxiliary tools

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Management and Use of Weapons, Explosives, and Support Tools dated June 20, 2017;"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."ive materials and support tools, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP and the supporting tool on June 20, 2017;

The Government promulgates this Decree on regulations regarding entry, exit, and residence policies for foreigners at the International Financial Center in Vietnam.

The Government promulgates this Decree to provide detailed provisions on some Articles and measures for implementing the Law on Management and Use of Firearms, Explosives, and Auxiliary Tools."b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation.", explosives Number of employees and workers directly involved in the joint venture and association activities of the organization over the last 03 yearsand auxiliary tools., amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP a) Recommend the Government to issue, amend, supplement or promulgate within its authority normative legal documents on the management and use of weapons, military explosives, and auxiliary tools in accordance with the provisions of the Law on Management and Use of Weapons, Explosives, and Auxiliary Tools;

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates management and storage of firearms, military explosives, and auxiliary tools; research, manufacture, production, business, export, import, repair of firearms; training, issuance, reissuance, replacement of certificates for firearm use, management certificates for firearms, military explosives, and auxiliary tools; authority, procedures, and formalities for rendering firearms and auxiliary tools non-functional and confirming their status for exhibition, display, or use as props in cultural and artistic activities; recovery of firearms, military explosives, and auxiliary tools and permits, confirmation certificates, certificates, and qualifications for management and use of firearms, military explosives, and auxiliary tools; inspection of management and use of firearms, military explosives, and auxiliary tools; state management responsibilities for firearms, military explosives, and auxiliary tools.

Article 2. Applicability

This Decree applies to agencies, organizations, enterprises, and individuals related to the management and use of firearms, military explosives, and auxiliary tools.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Rendering firearms and auxiliary tools non-functional means that organizations and enterprises with technical expertise in firearms and auxiliary tools implement measures to render them unusable according to the manufacturer's technical standards and specifications.

2. Training on the management and use of firearms, military explosives, and auxiliary tools involves the authorized agency disseminating legal regulations, providing guidance on storage, transportation, structure, functions, and usage skills for each type of firearm, military explosive, and auxiliary tool.

3. A weapons storage facility is a construction project built at a location approved by the authorized agency for storing and preserving firearms, military explosives, and auxiliary tools according to technical standards and specifications.

4. A storage location for firearms and auxiliary tools is a place arranged by agencies, organizations, and enterprises to store and preserve firearms and auxiliary tools safely, securely, and to prevent fire and explosion.

5. Classification of firearms, military explosives, and auxiliary tools involves categorizing, evaluating, grading quality, usability value, hazardous characteristics, and statistics for each type of firearm, military explosive, and auxiliary tool.

Article 4. Management and storage of military firearms, explosives, and auxiliary tools

1. Management and preservation of firearms, military explosives, and auxiliary tools shall be carried out in accordance with Article 9 of the Law on Management and Use of Firearms, Explosives, and Auxiliary Tools and the following provisions:

a) Agencies, organizations, and enterprises, after being equipped with firearms, military explosives, and auxiliary tools, must manage and store them in warehouses or storage locations and complete procedures to request the authorized agency to issue usage permits and registration confirmation certificates as prescribed; they may only use them when holding a usage permit or registration confirmation certificate.

b) Warehouses and storage locations for firearms, military explosives, and auxiliary tools must be located in safe, secure, orderly places to prevent fire and explosion; security plans must be established; internal rules must be approved by the head of the agency, organization, or enterprise equipped with firearms, military explosives, and auxiliary tools.

Weapons storage facilities under the management of the Ministry of National Defense must be designed and constructed according to national military standards set by the Minister of National Defense; weapons storage facilities not under the management of the Ministry of National Defense must be designed and constructed according to national security standards set by the Minister of Public Security.

c) Firearms, military explosives, and auxiliary tools stored in warehouses or storage locations must be neatly arranged by type and brand. In cases where firearms, auxiliary tools, and ammunition used for these tools are stored together, they must be separated; military explosives must not be stored together with firearms and auxiliary tools in the same warehouse or storage location.

2. Management and storage regime for military firearms, explosives, and auxiliary tools

a) Agencies, organizations, and enterprises equipped with and using firearms, military explosives, and auxiliary tools must establish files and records; when using them, permission from the head of the agency, organization, or enterprise is required and recorded in the file; after use, they must be handed over to the person responsible for managing the warehouse or storage location for maintenance and storage, and signed off in the record.

b) Annually, agencies, organizations, and enterprises must plan to organize technical inspections, assess quality, and classify firearms, military explosives, and auxiliary tools they have been equipped with and use. For firearms, military explosives, and auxiliary tools that are no longer usable or have expired, they must report to the equipping agency to recover, liquidate, and destroy them.

c) Every six months and annually, agencies, organizations, and enterprises must submit reports to the issuing agency about the situation and results of management and use of firearms, military explosives, and auxiliary tools.

d) In case of loss of firearms, military explosives, and auxiliary tools or accidents involving warehouses or storage locations for firearms, military explosives, and auxiliary tools, immediate reports must be made to the issuing agency to take appropriate measures as prescribed.

đ) The person responsible for managing warehouses or storage locations for firearms, military explosives, and auxiliary tools must fully record in the tracking book the issuance, receipt, recovery, transfer, mobilization, reclassification, damage, loss, repair of firearms, military explosives, and auxiliary tools; regularly inspect, maintain, and take preventive measures against rust, corrosion, pests, moisture, mold, loss, fire, explosion, and other dangerous situations for firearms, military explosives, and auxiliary tools; carry out cleaning inside and outside the warehouses or storage locations for firearms, military explosives, and auxiliary tools.

Article 5. Competence, procedure, and process for rendering weapons and auxiliary tools used for exhibition, display, or as props in cultural and artistic activities ineffective and confirming their status

1. In cases where weapons and auxiliary tools still have functionality and effect

a) Organizations, enterprises that need to render weapons and auxiliary tools ineffective must prepare a request file including: A request document from the organization or enterprise specifying the reasons, quantity, type, brand, serial number, symbol, origin, and place of manufacture of each type of weapon and auxiliary tool, time, name, and address of the organization or enterprise rendering them ineffective. The person sent by the organization or enterprise to submit the file must have an introduction letter and present one of the following documents: Citizen Identity Card, National Identity Card, Passport, People's Public Security Service Identification, or identification issued by the People's Army still in force;

b) The file specified in Point a Clause of this paragraph shall be prepared in one copy and submitted to the Department of Administrative Police under the Ministry of Public Security for organizations, institutions, and enterprises under central ministries and sectors; the Provincial or Central City Administrative Police Department for organizations, institutions, and enterprises at the local level; and the competent authority designated by the Minister of Defense for objects within the management scope of the Ministry of Defense;

c) Within five working days from the date of receiving the complete file, the competent authority specified in Point b Clause of this paragraph must issue a response document to the organization, institution, or enterprise and send it to the organization or enterprise rendering the weapons and auxiliary tools ineffective for implementation, specifying the quantity, type, brand, serial number, symbol, origin, and place of manufacture of each type of weapon and auxiliary tool, time, name, and address of the organization or enterprise rendering them ineffective. The period for rendering weapons and auxiliary tools ineffective is thirty days, starting from the day the organization or enterprise rendering the weapons and auxiliary tools ineffective receives the response document from the competent authority and the weapons and auxiliary tools transferred by the organization or enterprise requesting the rendering ineffective;

d) After the weapons and auxiliary tools have been rendered ineffective, the organization or enterprise rendering them ineffective must notify the competent authority specified in Point b Clause of this paragraph; within five working days from the date of receipt of the notification, the competent authority specified in Point b Clause of this paragraph must conduct an inspection, prepare a record confirming the status of the weapons and auxiliary tools having been rendered ineffective, and implement the issuance of a permit for use according to regulations.

2. In cases where weapons and auxiliary tools have already been rendered ineffective

a) Organizations, institutions, and enterprises managing and using weapons and auxiliary tools that have already been rendered ineffective and wish to use them for exhibition, display, or as props in cultural and artistic activities must prepare one set of application files to confirm the status of the weapons and auxiliary tools having been rendered ineffective and submit them to the competent authority specified in Point b Clause 1 of this Article. The file includes: An application document from the organization or enterprise specifying the reasons, quantity, type, brand, serial number, symbol, origin, and place of manufacture of each type of weapon and auxiliary tool. The person sent by the organization or enterprise to submit the file must have an introduction letter and present one of the following documents: Citizen Identity Card, National Identity Card, Passport, People's Public Security Service Identification, or identification issued by the People's Army still in force;

b) Within five working days from the date of receiving the complete file, the competent authority specified in Point b Clause 1 of this Article must conduct an inspection, prepare a record confirming the status of the weapons and auxiliary tools having been rendered ineffective, and implement the issuance of a permit for use according to regulations.

Article 6. Recovery of firearms, explosive materials for military use, auxiliary tools, and licenses, registration certificates, certificates, and qualifications for managing and using firearms, explosive materials for military use, and auxiliary tools

Clause 1. In cases where there is no longer a need to use, the usage period has expired, they are no longer usable, or they do not belong to the category of individuals allowed to be equipped according to the Law on Management and Use of Firearms, Explosive Materials, and Auxiliary Tools, the agency, organization, or enterprise must prepare a dossier in accordance with Clause 1 of Article 11 of the Law on Management and Use of Firearms, Explosive Materials, and Auxiliary Tools, requesting the equipping agency or the issuing authority to recover them. Upon receiving the dossier, the competent authority shall implement the recovery process as follows:

a) Notify in writing about the time and location for recovery and issuance of transportation permits from the agency, organization, or enterprise to the recovery location.

b) The agency, organization, or enterprise is responsible for transporting firearms, explosive materials for military use, and auxiliary tools along with the usage license and registration certificate (if any) to the recovery location at the notified time.

c) The competent authority conducting the recovery shall inspect, record in a protocol detailing the quantity, type, serial number, marking, brand, country of manufacture, origin, condition of the firearms, explosive materials for military use, and auxiliary tools, and the quantity of accompanying licenses. The protocol shall be made in two copies, one copy handed over to the agency, organization, or enterprise, and one copy retained by the competent authority conducting the recovery.

Clause 2. In cases where the agency, organization, or enterprise is dissolved, transformed, divided, split, merged, or consolidated, before dissolution, transformation, division, splitting, merging, or consolidation, the agency, organization, or enterprise must prepare a dossier in accordance with Clause 1 of Article 11 of the Law on Management and Use of Firearms, Explosive Materials, and Auxiliary Tools, requesting the equipping agency or the issuing authority to recover them. Upon receiving the dossier, the competent authority shall implement the recovery process as stipulated in Clause 1 of this Article.

If the agency, organization, or enterprise does not request recovery upon dissolution, transformation, division, splitting, merging, or consolidation, the competent authority conducting the recovery shall issue a notification. If they do not surrender as notified, the competent authority shall conduct inspections, record in a protocol, and recover the firearms, explosive materials for military use, and auxiliary tools, and licenses, registration certificates, and certificates in accordance with the provisions of Clause 1 of this Article.

Clause 3. In cases where firearms or auxiliary tools are lost, or the licenses and registration certificates were issued beyond authority, the agency, organization, or enterprise must prepare a dossier in accordance with Clause 1 of Article 11 of the Law on Management and Use of Firearms, Explosive Materials, and Auxiliary Tools, requesting the equipping agency or the issuing authority to recover them. Upon receiving the dossier, the competent authority shall implement the recovery process as follows:

a) Notify in writing about the time and location for recovery to the agency, organization, or enterprise.

b) The agency, organization, or enterprise is responsible for bringing the licenses and registration certificates to the recovery location at the notified time.

c) The competent authority conducting the recovery shall inspect, record in a protocol detailing the quantity and type of licenses and registration certificates. The protocol shall be made in two copies, one copy handed over to the agency, organization, or enterprise, and one copy retained by the competent authority conducting the recovery.

Clause 4. In cases where certificates and qualifications for managing and using firearms, explosive materials for military use, and auxiliary tools have been issued to individuals who have transferred to other jobs, retired, resigned, or no longer meet the conditions as prescribed, the agency, organization, or enterprise must recover the certificates and qualifications and submit them to the competent authority that previously issued them. The procedures and formalities for recovery shall be carried out in accordance with the provisions of Clause 3 of this Article.

Clause 5. In cases where the agency, organization, or enterprise fails to surrender firearms, explosive materials for military use, auxiliary tools, licenses, registration certificates, certificates, and qualifications as prescribed in Clauses 1, 2, 3, and 4 of this Article, the competent authority conducting the recovery shall conduct inspections, record in a protocol, organize the recovery of firearms, explosive materials for military use, auxiliary tools, licenses, registration certificates, certificates, and qualifications, and handle them in accordance with the law.

Clause 6. After the competent authority recovers firearms, explosive materials for military use, and auxiliary tools, it must classify, store, and propose liquidation and destruction in accordance with regulations. For licenses, registration certificates, certificates, and qualifications for managing and using firearms, explosive materials for military use, and auxiliary tools, the issuing authority shall issue a decision to destroy and organize the destruction in accordance with regulations.

Chapter II

RESEARCH, PRODUCTION, MANUFACTURING, TRADING, EXPORTING, IMPORTING, AND MAINTENANCE OF FIREARMS

Article 7. Conditions for researching, manufacturing, producing, and repairing weapons for organizations and enterprises under the Ministry of National Defense and the Ministry of Public Security

1. Organizations and enterprises shall be assigned plans or tasks for researching, manufacturing, producing, and repairing weapons by the Minister of National Defense or the Minister of Public Security.

2. Ensuring conditions for security, public order, fire prevention, firefighting, accident prevention, response, and environmental protection, specifically as follows:

a) Having internal regulations for entry and exit from the organization or enterprise, security and public order assurance plans; controlling means of transport, items, and goods entering and exiting the organization or enterprise; organizing security forces;

b) Having internal regulations and fully equipping means, organizing forces, inspecting fire safety, constructing firefighting plans for the premises; organizing drills for accident response plans for fires and explosions and measures to ensure fire safety according to regulations;

c) Implementing measures to minimize, collect, and process raw materials, waste, and handle environmental pollution on-site; preventing leakage and harmful dispersion into the environment; ensuring resources and equipment to meet the ability to prevent and respond to environmental accidents.

3. The location for manufacturing, producing, and repairing weapons must ensure conditions for security, public order, fire prevention, firefighting, and environmental protection; ensuring safe distances from residential areas, cultural, social, historical sites, protected zones, restricted areas, and prohibited zones.

4. Having appropriate means and equipment to check and monitor technical parameters and serve quality control work during the manufacturing, production, and repair of weapons; having separate testing facilities (except for the research, manufacture, and production of primitive weapons). Finished product storage must ensure safety according to technical standards and specifications.

5. Product types must meet quality, technical standards, and specifications; military-use weapons and sports weapons must have brand names, serial numbers, symbols, country of origin, and year of manufacture.

6. Managers of organizations and enterprises must be trained in weapon management and use, safety techniques, fire prevention, firefighting, accident prevention, and response during the production and repair of weapons.

7. Direct workers involved in the manufacturing, production, and repair of weapons must be trained in safety techniques, fire prevention, firefighting, accident prevention and response, and labor safety and hygiene during the manufacturing, production, and repair of weapons.

Article 8. Conditions for trading in weapons for organizations and enterprises under the Ministry of National Defense and the Ministry of Public Security

1. Organizations and enterprises shall be assigned plans or tasks for trading in weapons by the Minister of National Defense or the Minister of Public Security.

2. Ensuring the conditions stipulated in Clause 2 of Article 7 of this Decree.

3. Warehouses, storage places, and transportation means serving the trading of weapons must ensure conditions for security, public order, fire prevention, firefighting, accident prevention, response, and environmental protection according to regulations.

4. Managers of organizations and enterprises must be trained in weapon management and use, safety techniques, fire prevention, firefighting, accident prevention, and response during business operations.

Article 9. Organizations and enterprises under the Ministry of National Defense and the Ministry of Public Security may export and import weapons.

1. The export and import of weapons by organizations and enterprises under the Ministry of National Defense and the Ministry of Public Security must meet the following conditions:

a) The organization or enterprise must be assigned an export or import plan or task for weapons by the Minister of National Defense or the Minister of Public Security.

b) Ensure the conditions stipulated in Clauses 2, 3, and 4 of Article 8 of this Decree during the process of exporting and importing weapons.

2. Procedures for issuing Export and Import Permits for Weapons

a) Organizations and enterprises under the Ministry of National Defense and the Ministry of Public Security that have a need to export or import weapons must prepare a request file including: A request letter from the organization or enterprise specifying the reasons; a copy of the establishment decision or a copy of the business registration certificate; a copy of the document assigning the export or import plan or task for weapons by the Minister of National Defense or the Minister of Public Security. The person designated by the organization or enterprise to submit the file must have an introduction letter and present one of the following documents: Citizen Identity Card, National Identity Card, Passport, People's Police Identity Card, or a military identity card still valid for use.

b) The file specified in Point a of this Clause shall be prepared in one set and submitted to the Administrative Management Police Department under the Ministry of Public Security; the competent authority designated by the Minister of National Defense for organizations and enterprises under the Ministry of National Defense.

c) Within five working days from the date of receipt of the complete file, the competent authority specified in Point b of this Clause shall issue the Export and Import Permit for Weapons; if not issued, it must provide a written response stating the reasons.

d) The Export and Import Permit for Weapons has a validity period of ninety days.

In case the permit expires, the organization or enterprise must submit a written request specifying the reasons, the requested extension period, and send it to the competent authority specified in Point b of this Clause for consideration and decision.

Article 10. Other organizations and enterprises participating in research, manufacturing, production, and repair of weapons.

1. Other organizations and enterprises may participate in research, manufacturing, production, and repair of weapons according to orders from the Ministry of National Defense or the Ministry of Public Security and must meet the following conditions:

a) They must be Vietnamese organizations or enterprises established in accordance with the law.

b) Ensure the conditions stipulated in Clauses 2, 3, 4, 5, 6, and 7 of Article 7 of this Decree.

2. Organizations and enterprises wishing to participate in research, manufacturing, production, and repair of weapons must prepare one set of files and submit them to the competent authority designated by the Minister of Public Security (for cases according to orders from the Ministry of Public Security) or the Minister of National Defense (for cases according to orders from the Ministry of National Defense), the file includes: Request letter; a copy of the establishment decision or a copy of the business registration certificate; documents and materials proving their capacity and conditions to participate in research, manufacturing, production, and repair of weapons. The person designated by the organization or enterprise to submit the file must have an introduction letter and present one of the following documents: Citizen Identity Card, National Identity Card, or Passport still valid for use.

3. Within five working days from the date of receipt of the file, the competent authority designated in Clause 2 of this Article shall review and notify the organization or enterprise in writing about the examination of the conditions for participation in research, manufacturing, production, and repair of weapons.

4. After completing the inspection and evaluation, the competent authority designated in Clause 2 of this Article shall propose and report to the Minister of National Defense or the Minister of Public Security, specifying the reasons, conditions, capacity, and scope of the organization or enterprise's participation in research, manufacturing, production, and repair of weapons.

The Minister of National Defense or the Minister of Public Security shall consider and report to the Prime Minister for a decision on allowing the organization or enterprise to participate in research, manufacturing, production, and repair of weapons. After receiving the Prime Minister's opinion, the competent authority designated in Clause 2 of this Article shall notify the organization or enterprise in writing to organize implementation. If not agreed, the competent authority designated in Clause 2 of this Article must provide a written response stating the reasons.

Article 11. Responsibilities of organizations and enterprises engaged in researching, manufacturing, trading, exporting, importing, and repairing weapons

1. Maintain security, public order, fire prevention and firefighting, accident prevention and response, environmental protection, ensuring safety and hygiene during the process of researching, manufacturing, trading, exporting, importing, and repairing weapons.

2. Only purchase, sell, export, import, and repair weapons according to permits issued by competent authorities.

3. Manufacturing, trading, exporting, and importing weapons must comply with technical standards, types, brands, serial numbers, markings, countries of origin, and years of manufacture for each type of weapon.

Chapter III

TRAINING AND ISSUANCE, RENEWAL, AND REISSUANCE OF LICENSES FOR USE AND MANAGEMENT CERTIFICATES OF MILITARY WEAPONS, EXPLOSIVES, AND SUPPORT TOOLS
 USE, MANAGEMENT CERTIFICATES OF MILITARY WEAPONS, EXPLOSIVES, AND SUPPORT TOOLS
 MILITARY SUPPORT TOOLS

Article 12. Subjects of training, issuance, renewal, and reissuance of licenses for use and management certificates of military weapons, explosives, and support tools

1. Persons assigned to use weapons and support tools must be trained and issued a License for Use of Weapons and Support Tools.

2. Managers of organizations and enterprises engaged in manufacturing, trading, exporting, importing, and repairing weapons, and persons assigned to manage warehouses storing weapons, military explosives, and support tools must be trained and issued a Management Certificate for Military Weapons, Explosives, and Support Tools.

3. Officers, non-commissioned officers, and soldiers of the People's Public Security who have been trained and educated on managing and using military weapons, explosives, and support tools are exempt from obtaining Licenses for Use and Management Certificates for Military Weapons, Explosives, and Support Tools.

4. Officers, non-commissioned officers of the People's Army, defense workers, and civil servants who have been trained and educated on managing and using military weapons, explosives, and support tools are exempt from obtaining Licenses for Use and Management Certificates for Military Weapons, Explosives, and Support Tools; for cadres and soldiers of the Self-Defense Militia, training and issuing Licenses for Use and Management Certificates for Military Weapons, Explosives, and Support Tools shall be carried out in accordance with laws on the Self-Defense Militia.

5. Persons assigned to manage and use weapons and support tools that have lost their functionality and are used for display, exhibitions, or as props in cultural and artistic activities are exempt from training on managing and using weapons and support tools.

6. Persons recognized as trainers or athletes participating in sports events involving the use of sporting weapons are exempt from training on the skills of using sporting weapons.

7. Persons assigned to use medium machine guns, anti-tank guns, grenade launchers, light weapons, heavy weapons, and military explosives must undergo training, education, and enhancement in the People's Army, Self-Defense Militia, or People's Public Security.

Article 13. Requirements, contents, duration, location, and funding for organizing training on managing and using military weapons, explosives, and support tools

1. Training on managing and using military weapons, explosives, and support tools must be consistent with the registered training content regarding the subjects, types of weapons, explosives, and support tools.

Clause 2. Instruction content

a) Legal provisions on the work of managing and using military weapons, explosives, and support tools;

Point b) Structure, features, and effects of each type of military firearm, explosive, and auxiliary tool;

c) Work of managing and preserving military weapons, explosives, and support tools; managing warehouses storing military weapons, explosives, and support tools;

d) Training on the skills of using each type of weapon and support tool.

3. The duration of training on managing and using military weapons is ten days; managing and using sporting weapons, crude weapons, and support tools is five working days; managing warehouses storing military weapons, explosives, and support tools is five working days.

4. The location for organizing training must have appropriate facilities, equipment, and tools suitable for training purposes; ensure safety, security, public order, fire prevention and firefighting, and environmental protection. In cases where live ammunition shooting training and testing are conducted, they must be organized at shooting ranges as prescribed.

5. Funding for organizing training is the responsibility of the agencies, organizations, and enterprises requesting the training.

Article 14. Standards for officers training on management and use of military firearms, explosives, and support tools

1. Must have a bachelor's degree in People's Public Security or higher, or a specialized college degree in armament.

2. Possess legal knowledge, skills, technical expertise, and at least three years of practical experience working in the field of training on management and use of military firearms, explosives, and support tools.

Article 15. Authority to train, issue, reissue, and replace certificates for the use and management of military firearms, explosives, and support tools for subjects not under the jurisdiction of the Ministry of National Defense

1. Authority to train on management and use of military firearms, explosives, and support tools

a) The Administrative Police Management Department under the Ministry of Public Security;

b) The Social Order Administrative Police Department under the provincial or centrally-administered city public security bureau;

c) The equipment and logistics management agency under the Ministry of Public Security;

Point d) Police Academies, People's Public Security Schools, and People's Public Security Training and Professional Development Centers.

2. Authority to issue, reissue, and replace certificates for the use and management of military firearms, explosives, and support tools

a) The Administrative Police Management Department under the Ministry of Public Security has the authority to issue, reissue, and replace certificates for the use and management of military firearms, explosives, and support tools for individuals belonging to agencies, organizations, and enterprises under central ministries and sectors, and enterprises that have been issued a Certificate of Conditions for Security and Order by the Administrative Police Management Department;

b) The Social Order Administrative Police Department under the provincial or centrally-administered city public security bureau has the authority to issue, reissue, and replace certificates for the use and management of military firearms, explosives, and support tools for individuals belonging to local agencies, organizations, and enterprises.

Article 16. Procedures for training on management and use of military firearms, explosives, and support tools for subjects not under the jurisdiction of the Ministry of National Defense

1. The application dossier for training on management and use of military firearms, explosives, and support tools includes:

a) A request letter from the agency, organization, or enterprise;

b) An introduction letter accompanied by a copy of one of the following documents: Citizen Identity Card, Identity Card, Passport, or People's Public Security Identity Card of the person making contact;

c) A list of individuals participating in the training on management and use of military firearms, explosives, and support tools, including detailed information such as full name, date of birth, position, professional qualifications, and rank; accompanied by three color photographs measuring 3 cm x 4 cm in size, wearing prescribed attire (photographs taken no more than six months prior to the submission of the dossier);

2. The dossier specified in Clause 1 of this Article shall be prepared in one set and submitted to the competent authority as stipulated in Clause 1 of Article 15 of this Decree.

3. Within three working days from the date of receipt of the complete dossier, the competent authority as stipulated in Clause 2 of this Article shall be responsible for reviewing the dossier and organizing the training.

4. The organization of training shall be carried out as follows:

a) Develop a plan and issue a decision to open a training class;

b) Assign trainers who meet the standards as prescribed in Article 14 of this Decree;

c) Within three working days from the date of issuing the decision to open the training class, the competent authority as stipulated in Clause 2 of this Article shall be responsible for notifying in writing the requesting agency, organization, or enterprise and organizing the training;

d) In cases where the authorities specified in points c and d of Clause 1 of Article 15 of this Decree organize the training, they must issue a written notification along with the decision to open the class and submit it to the competent authority as stipulated in Clause 2 of Article 15 of this Decree after issuing the decision to open the class.

Article 17. Inspection and Examination for Issuing Certificates of Use and Management Certificates for Military Firearms, Explosives, and Support Tools

1. After completing training, the authority prescribed in Clause 2, Article 15 of this Decree shall be responsible for establishing an Examination Board to inspect, examine, and evaluate the training results to issue certificates of use and management certificates for military firearms, explosives, and support tools.

2. In cases where the authorities prescribed in points c and d, Clause 1, Article 15 of this Decree organize training, they must submit a written request along with a list and personal photos of those participating in the training to the authority prescribed in Clause 2, Article 15 of this Decree for inspection and examination within three working days from the date of receiving all necessary documents. The authority prescribed in Clause 2, Article 15 of this Decree shall establish an Examination Board to inspect, examine, and evaluate the training results to issue certificates of use and management certificates for military firearms, explosives, and support tools.

3. Establishment of the Examination Board

a) The Director of the Administrative Police Department under the Ministry of Public Security shall issue a decision to establish an Examination Board consisting of the leadership of the Administrative Police Department as the Chairman; representatives from the Office guiding the management of firearms, explosives, and support tools and fireworks; representatives from the organizations, enterprises requesting training; and representatives from the training organization (if any) as members of the board.

b) The Head of the Administrative Police Division under the Provincial Police Departments directly under the Central Government shall issue a decision to establish an Examination Board consisting of the leadership of the Administrative Police Division as the Chairman; representatives from the Registration and Management Division of firearms, explosives, and support tools, industries, and businesses subject to security and public order conditions and seals; representatives from the organizations, enterprises requesting training; and representatives from the training organization (if any) as members of the board.

4. Content of Inspection and Examination

a) Theoretical Examination

Individuals trained in managing and using military firearms, explosives, and support tools must complete a multiple-choice test within 40 minutes; the test includes 30 questions on legal provisions related to the management and use of military firearms, explosives, and support tools; the maximum score for the multiple-choice test is 30 points.

b) Practical Examination

Individuals trained in managing and using military firearms and support tools must demonstrate skills, operations, disassembly, maintenance, and usage methods for each type of firearm and support tool. The duration of the practical examination will depend on the actual situation, and the Examination Board will directly assess the examination results.

c) Live Fire Shooting Test

Individuals trained in using firearms and rubber bullets must undergo a live fire shooting test with three real rounds scored at the designated shooting range according to regulations.

5. Evaluation of Inspection and Examination Results

An individual meets the requirements when achieving a theoretical examination score of 25 points or higher, meeting the practical examination requirements, and scoring 15 points or higher in the live fire shooting test with three rounds.

Article 18. Issuance, Renewal, and Reissuance of Certificates of Use and Management Certificates for Military Firearms, Explosives, and Support Tools

1. Issuance of Certificates of Use and Management Certificates for Military Firearms, Explosives, and Support Tools

a) Within three working days after the completion of the inspection and examination, the authority prescribed in Clause 2, Article 15 of this Decree shall issue certificates of use and management certificates for military firearms, explosives, and support tools to individuals who meet the requirements; for individuals who do not meet the requirements, the authority shall notify the training organizations of the examination results.

b) Certificates of use and management certificates for military firearms, explosives, and support tools are valid for a period of three years.

2. Renewal and Reissuance of Certificates of Use and Management Certificates for Military Firearms, Explosives, and Support Tools

a) When certificates of use and management certificates for military firearms, explosives, and support tools expire, they shall be renewed following the procedures and formalities for issuing certificates of use and management certificates for military firearms, explosives, and support tools.

b) If certificates of use and management certificates for military firearms, explosives, and support tools are damaged or lost, they shall be reissued. The application for reissuance shall include a written request from the organization, enterprise, and clearly state the reasons; a list and photos of individuals as prescribed in point c, Clause 1, Article 16 of this Decree. The application shall be submitted in one set to the authority that previously issued the certificate or certificate. Within five working days from the date of receiving all necessary documents, the authority shall check, review, and reissue the certificates of use and management certificates for military firearms, explosives, and support tools; if not issued, a written response with clear reasons must be provided. The reissued certificates retain the validity period of the previously issued certificates.

c) In cases where renewal or reissuance of certificates of use and management certificates for military firearms, explosives, and support tools due to damage or expiration is requested, the organizations, enterprises must return the previously issued certificates or certificates.

RESPONSIBILITIES FOR STATE MANAGEMENT AND INSPECTION OF THE MANAGEMENT AND USE OF MILITARY FIREARMS, EXPLOSIVES, AND SUPPORT TOOLS

Chapter IV

1. Assist the Government in uniformly managing state affairs regarding military firearms, explosives, and support tools in the fields of national security protection, ensuring social order and safety, and combating crime.

Article 19. Responsibilities of the Ministry of Public Security

2. Implement state management functions over military firearms, explosives, and support tools in accordance with the Law on Management and Use of Firearms, Explosives, and Support Tools and other relevant laws, including:

a) Proposing the Government to promulgate, amend, supplement, or promulgate through its own authority normative legal documents on the management and use of military firearms, explosives, and support tools in compliance with the Law on Management and Use of Firearms, Explosives, and Support Tools.

a) Recommend the Government to promulgate, amend, supplement or promulgate within its authority regulatory legal documents on the management and use of firearms, explosives, and auxiliary tools in accordance with the provisions of the Law on Management and Use of Firearms, Explosives, and Auxiliary Tools;

b) Organize propaganda and dissemination of legal normative documents on the management and use of firearms, ammunition, and auxiliary tools; mobilize the recovery of firearms, ammunition, and auxiliary tools;

c) Issue technical standards and norms for warehouses and storage places for firearms, ammunition, and auxiliary tools within the scope of authority;

d) Issue forms to serve the registration, management, and use of firearms, ammunition, and auxiliary tools within the scope of management;

đ) Organize the registration, issuance, reissuance, replacement, and recovery of permits, confirmation certificates, certification certificates, and certificates on the management and use of firearms, ammunition, and auxiliary tools within the scope of authority;

e) Prevent and combat violations of laws related to firearms, ammunition, and auxiliary tools;

g) Specify the equipping, management, and use of firearms, ammunition, and auxiliary tools in the People's Public Security; coordinate with the Ministry of National Defense and relevant ministries and sectors to specify the equipping, management, use, repair, transportation, classification, liquidation, and destruction of firearms, ammunition, and auxiliary tools for other entities under the management of the Ministry of Public Security;

h) Organize the implementation of the recovery, classification, preservation, reclassification, liquidation, and destruction of firearms and auxiliary tools handed over by agencies, organizations, and enterprises under the management of the Ministry of Public Security;

i) Compile training content and programs; organize training, instruction, and upgrading on the management and use of firearms, ammunition, and auxiliary tools and issue certificates of use and management certificates for firearms, ammunition, and auxiliary tools for entities under the management of the Ministry of Public Security;

k) Inspect the management and use of firearms, ammunition, and auxiliary tools for entities under the management of the Ministry of Public Security;

l) Organize research, application of science and technology, and international cooperation on the management and use of firearms, ammunition, and auxiliary tools in the People's Public Security;

m) Statistics and compile situations and results of the management and use of firearms, ammunition, and auxiliary tools within the scope of authority;

n) Implement inspections, audits, complaints, and accusations; reward and handle violations of laws on the management and use of firearms, ammunition, and auxiliary tools;

Article 20. Responsibilities of the Ministry of National Defense

1. Assist the Government in implementing unified state management of firearms, ammunition, and auxiliary tools in the military and defense fields;

2. Carry out state management functions regarding firearms, ammunition, and auxiliary tools as prescribed by the Law on Management and Use of Firearms, Ammunition, and Auxiliary Tools and other relevant laws, including:

a) Recommend the Government to promulgate, amend, supplement or promulgate within its authority regulatory legal documents on the management and use of firearms, explosives, and auxiliary tools in accordance with the provisions of the Law on Management and Use of Firearms, Explosives, and Auxiliary Tools;

b) Implement state management of firearms, ammunition, and auxiliary tools within the scope of management of the Ministry of National Defense;

c) Specify the equipping, management, and use of firearms, ammunition, and auxiliary tools for the People's Army, Self-Defense Militia, Coast Guard, and Cryptographic Forces under the management of the Ministry of National Defense;

d) Organize training, instruction, and upgrading on the management and use of firearms, ammunition, and auxiliary tools and issue, reissue, replace, and recover various types of permits, confirmation certificates, certification certificates, and certificates on the management and use of firearms, ammunition, and auxiliary tools within the scope of management of the Ministry of National Defense;

đ) Receive, process, and destroy firearms and ammunition handed over by public security agencies or organizations and individuals;

e) Issue technical standards and norms for warehouses and storage places for firearms, ammunition, and auxiliary tools within the scope of authority;

g) Coordinate with the Ministry of Public Security in repairing, reclassifying, liquidating, and destroying firearms and ammunition;

Article 21. Responsibilities of Relevant Ministries and Agencies

1. The Ministry of Culture, Sports and Tourism, the Ministry of Transport, the Ministry of Agriculture and Rural Development, the Ministry of Labor, Invalids and Social Affairs, the Supreme People's Procuracy, the Ministry of Home Affairs, the Ministry of Justice, the Ministry of Finance, and the Ministry of Industry and Trade shall be responsible for coordinating with the Ministry of Public Security to implement the equipping, management, use, repair, transportation, classification, liquidation, and destruction of firearms, ammunition, and auxiliary tools; inspect the management and use of firearms and auxiliary tools that have been equipped for entities under management;

2. The Ministry of Science and Technology shall be responsible for coordinating with the Ministry of Public Security to carry out state management functions concerning military ammunition in scientific research and technology;

3. The Ministry of Finance shall be responsible for leading and coordinating with the Ministry of National Defense and the Ministry of Public Security to stipulate the levels of collection, payment, and management of fees for permits to manage and use firearms, ammunition, and auxiliary tools;

4. The Ministry of Information and Communications shall be responsible for directing information and communication agencies to disseminate and popularize legal regulations on the management and use of firearms, ammunition, and auxiliary tools; promote and mobilize the people to detect and hand over firearms, ammunition, and auxiliary tools;

5. The Ministry of Education and Training shall be responsible for disseminating and popularizing legal regulations on the management and use of firearms, ammunition, and auxiliary tools in national defense and security education programs;

6. Relevant ministries and sectors within their respective duties and authorities shall be responsible for specifying detailed regulations on the management and use of firearms and auxiliary tools; provide data for national statistics and perform other tasks related to state management of firearms, ammunition, and auxiliary tools;

Article 22. Responsibilities of People's Committees at all levels

1. Organize propaganda, dissemination, and legal education regarding the management and use of military firearms, explosives, and auxiliary tools.

2. Implement legal provisions concerning the management and use of military firearms, explosives, and auxiliary tools.

3. Implement inspections, audits, complaints, and accusations; reward and handle violations of laws on the management and use of firearms, ammunition, and auxiliary tools.

Article 23. Inspection of the management and use of firearms, explosives, and auxiliary tools

Clause 1. The competent police authority, decided by the Minister of Public Security, shall conduct inspections to ensure compliance with laws on the management and use of firearms, explosives, and auxiliary tools for entities under the management of the Ministry of Public Security at least once a year or at any time deemed necessary.

Unscheduled inspections may only be carried out when there are signs of violations of the law by authorized entities managing and using firearms, explosives, and auxiliary tools, or upon receipt of complaints or reports related to the management and use of such items, or as required for security and public order maintenance.

Clause 2. The competent inspection authority shall prepare an inspection plan and notify the inspected entity in advance before conducting the inspection; in cases of unscheduled inspections, prior notification is not required but the reasons must be clearly stated.

Clause 3. The inspected entity must prepare all contents of the inspection as notified and arrange for authorized and responsible persons to cooperate with the inspection authority.

Clause 4. Inspections of the management and use of firearms, explosives, and auxiliary tools, whether scheduled or unscheduled, must be documented according to regulations.

Clause 5. The competent authority of the Ministry of National Defense shall inspect the implementation of management and use of firearms, explosives, and auxiliary tools for entities under its jurisdiction.

Chapter V

IMPLEMENTING PROVISIONS

Article 24. Effective Date

1. This Decree takes effect from July 1, 2018.

Clause 2. Repeal Decree No. 25/2012/NĐ-CP dated April 5, 2012, of the Government detailing the implementation of certain Articles of the Ordinance on the Management of Firearms, Explosives, and Auxiliary Tools; Decree No. 26/2012/NĐ-CP dated April 5, 2012, of the Government detailing procedures, authorities, and funding for the reception, collection, classification, storage, liquidation, and destruction of firearms, explosives, and auxiliary tools; Decree No. 76/2014/NĐ-CP dated July 29, 2014, of the Government detailing certain Articles of the Ordinance amending and supplementing certain Articles of the Ordinance on the Management of Firearms, Explosives, and Auxiliary Tools.

Article 25. Responsibilities for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial and centrally-administered city People's Committees, and relevant agencies, organizations, enterprises, and individuals are responsible for implementing this Decree./. 

 

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76/2015/QH13 Luật Tổ chức Chính phủ số 76/2015/QH13 Hết hiệu lực 14/2017/QH14 Luật Quản lý, sử dụng vũ khí, vật liệu nổ và công cụ hỗ trợ số 14/2017/QH14 Hết hiệu lực 67/2022/TT-BCA Thông tư số 67/2022/TT-BCA Sửa đổi, bổ sung một số điều của Thông tư số 46/2014/TT-BCA ngày 16 tháng 10 năm 2014 của Bộ trưởng Bộ Công an quy định chi tiết thi hành một số điều của Nghị định số 06/2013/NĐ-CP ngày 09 tháng 01 năm 2013 của Chính phủ quy định về bảo vệ cơ quan, doanh nghiệp Còn hiệu lực 10/2021/TT-BCT Thông tư số 10/2021/TT-BCT ban hành Quy chuẩn kỹ thuật quốc gia về an toàn sản phẩm vật liệu nổ công nghiệp - thuốc nổ nhũ tương rời bao gói Còn hiệu lực 31/2018/TT-BVHTTDL Thông tư số 31/2018/TT-BVHTTDL quy định về cơ sở vật chất, trang thiết bị và tập huấn nhân viên chuyên môn đối với môn Bắn súng thể thao Còn hiệu lực 36/2023/QĐ-UBND Quyết định số 36/2023/QĐ-UBND Sửa đổi, bổ sung một số điều của Quy chế phối hợp quản lý nhà nước về hoạt động hóa chất trên địa bàn Thành phố Hồ Chí Minh ban hành kèm Quyết định số 31/2015/QĐ-UBND ngày 30 tháng 6 năm 2015 Còn hiệu lực 08/2020/QĐ-UBND Quyết định số 08/2020/QĐ-UBND Về việc bãi bỏ văn bản Còn hiệu lực 23/2018/QĐ-UBND Quyết định số 23/2018/QĐ-UBND Ban hành quy chế quản lý và phối hợp quản lý vũ khí, vật liệu nổ, công cụ hỗ trợ trên địa bàn tỉnh Lâm Đồng Còn hiệu lực
79/2018/NĐ-CP
Decree No. 79/2018/NĐ-CP detailing certain provisions and measures for the implementation of the Law on Management and Use of Weapons, Explosive Materials, and Auxiliary Tools
Expired
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