Decision No. 94/2000/QD-BNN/CL on the issuance of regulations on the management and use of military weapons and auxiliary tools for the Forest Protection Force.

 

Pursuant to …; OF THE MINISTER OF AGRICULTURE

AND RURAL DEVELOPMENT

Regarding the issuance of regulations on the management and use of military weapons and

support tools within the Forest Protection Force.

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to Decree No. 73/CP dated November 1, 1995 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decree 39/CP dated May 18, 1994 of the Government stipulating the organizational system, tasks, and authorities of the Forest Protection Force;

Pursuant to Decree 94/HĐBT dated July 2, 1984 of the Council of Ministers supplementing the decrees of the Council of Ministers regarding the management of military weapons and sports defense firearms, storage, and use of explosives;

Pursuant to Decree 47/CP dated August 12, 1996 of the Government promulgating the regulations on the management of weapons, explosives, and support tools;

Pursuant to Decision No. 04/1999/QĐ-BNN-KL dated January 6, 1999 of the Minister of Agriculture and Rural Development approving the plan for equipping military weapons for the Forest Protection Force;

At the proposal of the Director of the Forest Protection Department,

DECISION:

Article 1. Now hereby promulgates attached to this decision "Regulations on the Management and Use of Military Weapons and Support Tools within the Forest Protection Force".

Article 2. THIS DECISION SHALL TAKE EFFECT 15 DAYS FROM THE DATE OF SIGNATURE.

Article 3. The Heads of the Ministry's Office, the Director of the Forest Protection Department, heads of units under the Ministry related to this matter, Chiefs of Provincial Forest Protection Divisions, Chiefs of District Forest Protection Stations, Directors of National Parks are responsible for implementing this decision./.

 

(issued together with Decision No. 57/2002/QĐ-BKHCNMT dated August 5, 2002 of

MANAGEMENT AND USE OF MILITARY WEAPONS AND SUPPORT TOOLS IN THE FOREST PROTECTION FORCE
(Issued together with Decision No. 94/2000/QĐ-BNN-KL) of the Minister of Agriculture and Rural Development)

Chapter 1:
GENERAL PROVISIONS

Article 1. Military weapons and support tools are special means equipped for the Forest Protection Force to manage and use while performing official duties for the purpose of protecting the country's forest resources.

Article 2. Military weapons and support tools equipped for the Forest Protection Force include:

1. Military weapons consist of: AK folding stock rifle and K59 short rifle (KL code marked before the firearm serial number);

2. Support tools include: rubber baton, electric baton, pepper spray gun, rubber bullet gun, sedative spray canister;

3. Ammunition includes types suitable for the military weapons and support tools provided for in this Article.

Chapter 2:
MANAGEMENT OF MILITARY WEAPONS AND SUPPORT TOOLS

Article 3. Military weapons and support tools must be centrally and strictly managed at the agency or unit. The equipping and destruction of military weapons and support tools must comply with legal provisions and require the approval of the Minister of Agriculture and Rural Development.

Article 4. The transfer of military weapons and support tools between units under the jurisdiction of the Provincial Forest Protection Division, District Forest Protection Station, and National Park shall be decided by the head of the unit after obtaining the consent of the Director of the Forest Protection Department. The transfer of military weapons and support tools from one Provincial Forest Protection Division, District Forest Protection Station, or National Park to another shall be decided by the Minister of Agriculture and Rural Development.

Article 5. The Forest Protection Department shall take the lead and coordinate with relevant functional units to develop plans, provide guidance, inspect, and be responsible to the Minister of Agriculture and Rural Development for the management and tracking of the distribution of military weapons and support tools throughout the national Forest Protection Force.

Article 6. Based on specific organizational structure, the Chief of the Provincial Forest Protection Division, the Chief of the District Forest Protection Station, and the Director of National Parks shall designate a department or individual to assist the Chief of the Division, Station, or Director in overseeing, distributing, and managing military weapons and support tools of the unit.

Units and individuals entrusted with the management and use of military weapons and support tools must directly be responsible for the weapons and support tools entrusted to them, comply fully with regulations on their use, maintenance, inspection, and inventory; maintain absolute safety, prevent damage or loss. In case of malfunction, they must promptly report to the Forest Protection Department for repair planning and may not arbitrarily replace parts or alter the shape of military weapons and support tools.

Article 7. Managers of military weapons and support tools must meet the following conditions and standards:

- Possess good moral character;

- Hold a certificate in specialized management of military weapons and support tools;

- Be thoroughly familiar with internal rules and management and preservation systems for weapon arsenals and support tool storage areas.

Units equipped with military weapons and support tools must have a warehouse or cabinet for centralized storage outside working hours.

The warehouse or cabinet for centralized storage of military weapons and support tools must meet technical standards, fire prevention and firefighting requirements, have internal rules and protection plans approved by the unit head. Individuals entrusted with the responsibility of managing the warehouse or centralized storage area must strictly adhere to inspection and preservation procedures, maintain records of the entry and exit of military weapons and support tools.

Chapter 3:
USE OF MILITARY WEAPONS AND SUPPORT TOOLS

Article 8. Units equipped with military weapons and support tools must register with the competent public security authority and apply for a usage permit according to regulations. When the usage period expires, new permit application procedures must be followed.

Units must regularly train personnel responsible for managing and using military weapons and support tools on their preservation and use.

Article 9. Military weapons and support tools may only be assigned to forestry officials for official duties. Personnel assigned to use military weapons and support tools must meet the following conditions and standards:

- Hold a certificate indicating completion of training in the preservation, use, and proficient operation of the assigned military weapons and support tools;

- Possess good moral character and appropriate health;

After completing official duties, personnel assigned military weapons and support tools must return them to the unit as prescribed.

Article 10. When forestry officials perform official duties carrying military weapons and support tools, they must have a usage permit. It is strictly prohibited to lend military weapons, support tools, and their usage permits to others.

Article 11. The person assigned to manage and use military firearms and auxiliary tools, if transferred to another job, resigns, retires, or no longer meets the conditions to continue holding military firearms and auxiliary tools as prescribed, must return them to the managing unit. The unit is responsible for receiving, inspecting, and storing military firearms and auxiliary tools according to regulations before making a decision on transfer, resignation, or retirement.

Article 12. In case of loss of military firearms, auxiliary tools, or usage permits, a record confirming the incident must be established and immediately reported to the local police agency and the registration police agency. Related units and individuals must take all measures to search for them simultaneously and immediately report to the direct superior management agency and the Ministry of Agriculture and Rural Development (Forest Protection Department) for appropriate handling.

Article 13. Forest Rangers' officials and staff assigned to use military firearms and auxiliary tools when performing official duties, in cases of special urgency where there is no other immediate measure to stop a person committing a violation of the law, may fire warning shots to prevent the consequences of such actions if the person does not comply with orders, but only under the following circumstances:

1. Those using force against, seriously threatening the lives of Forest Rangers' officials and staff while they are performing their duties, patrolling, guarding forests, inspecting, controlling, and handling violations in forest management and protection.

2. The driver of a means of transportation who does not comply with orders, deliberately flees after being ordered to stop for inspection and there is sufficient basis to confirm that illegal forest resources are present in the means of transportation, may shoot to disable the means of transportation to apprehend the violator and the contraband.

3. Those using force to rob, destroy state and citizen property, commit murder, or rape.

Article 14Daily inspections, cleaning, and maintenance of military firearms and auxiliary tools must be conducted to prevent rust and reduce the quality of military firearms. After firing, thorough cleaning according to regulations is mandatory. If firearms have not been used for a long time, they must be stored properly, and maintenance of military firearms and auxiliary tools must be recorded in the unit's weapon and auxiliary tool tracking logbook.

Article 15. Units equipped with military firearms and auxiliary tools must report to the Ministry of Agriculture and Rural Development (Forest Protection Department) on the situation of storage, management, and consumption of military firearms and auxiliary tools every three months, six months, and annually, no later than the 15th day of the next month. Annually, plans for replacement, supplementation, and repair of military equipment must be reported to the Ministry of Agriculture and Rural Development (Forest Protection Department) according to the specified fiscal year for planning purposes.

Chapter 4:
REWARD AND VIOLATION HANDLING

Article 16. Organizations and individuals with achievements in the management and use of military firearms and auxiliary tools shall be rewarded according to the provisions of the law.

Article 17. Organizations and individuals assigned to manage and use military firearms and auxiliary tools who violate the regulations on the management and use of military firearms and auxiliary tools shall be subject to disciplinary action, administrative penalties, or criminal liability depending on the severity of the violation; if material damage is caused, compensation must be provided according to the provisions of the law./.