Nghị định 25/2012/ND-CP

Decree No. 25/2012/ND-CP of April 05, 2012, detailing the implementation of a number of articles of the Ordinance on management and use of weapons, explosives and supporting tools

Nội dung toàn văn Decree No. 25/2012/ND-CP detailing the implementation of a number of articles


THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.25/2012/ND-CP

Hanoi, April 05, 2012

 

DECREE

DETAILING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE ORDINANCE ON MANAGEMENT AND USE OF WEAPONS, EXPLOSIVES AND SUPPORTING TOOLS

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Ordinance on the management and use of weapons, explosives and supporting tools dated June 30, 2011;

At the proposal of the Minister of Public Security;

The Government issues the Decree to detail the implementation of a number of Articles of the Ordinance on the management and use of weapons, explosives and supporting tools,

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of governing

1. This Decree details the implementation of a number of Articles of the Ordinance on the management and use of weapons, explosives and supporting tools (hereinafter referred to as the Ordinance) of the prohibited acts; carrying of weapons, supporting tools upon entry of or exit out of the territory of Vietnam in the special cases; responsibilities of persons provided weapons, explosives, supporting tools; import of sporting weapons, classification of military weapons, sporting weapons; equipment, management of rudimentary weapons; shooting upon doing independent duty; facilities, enterprises researching, manufacturing, producing, repairing weapons; management, use of military explosives, supporting tool.

2. The management and use of industrial explosives are not subject to the governing of this Decree.

Article 2. Application subjects

This Decree applies to the Vietnamese agencies, organizations and individuals and foreign agencies, organizations and individuals, international organizations residing, entering, exiting, transiting and operating in the territory of Socialist Republic of Vietnam; In case the international treaties to which the Socialist Republic of Vietnam is a contracting party otherwise provided for, such treaties shall prevail (hereinafter collectively referred to as the organizations, individuals).

Article 3. Interpretation of terms

1. Other types of weapons with similar properties and effect according to the provision of clause 1 of Article 3 of the Ordinance are the weapons which are capable of causing damage to life, to human health, damage to property, environmental impact similar to military weapons, hunting rifles, rudimentary weapons, sporting weapons as specified in the clauses 2, 3, 4 and 5 of Article 3 of the Ordinance.

2. Army or police animals according to the provision of point đ Clause 9 of Article 3 of the Ordinance are the animals that are trained to use for the purpose of national security and preservation of public order and social safety.

Article 4. Prohibited Acts

1. The act of abusing the use of weapons, explosives or supporting tools to infringe upon the health or lives of other people; or the rights and legitimate interests of individuals, agencies or organizations specified in the clause 3 of Article 5 of the Ordinance includes:

a) Equipping weapons, explosives, supporting tools for the wrong subjects; providing weapons, explosives, supporting tools for individuals to use improper weapons, explosives, supporting tools of the agencies and organizations that are equipped.

b) Using weapons, explosives, supporting tools not in compliance with provisions.

2. Other acts prohibited under the provisions of clause 12 of Article 5 of the Ordinance include:

a) Carrying along with people, vehicles, objects; producing, stockpiling and transporting illegally rudimentary weapons.

b) Producing, manufacturing, purchasing, selling, transporting, exporting, importing, stockpiling and using parts, component assemblies for illegal assembly, manufacture of weapons, supporting tools.

c) Using weapons, explosives, supporting tools to hunt, log illegally animals, plants, natural resources, destroying ecological environment, causing damage to the security, public order and safety society.

d) Assigning the persons who have not been trained on management, use of weapons, explosives, supporting tools; minors, the persons who are restricted civil act capacity, who have lost their civil act capacity, the persons who are subject to criminal prosecution or the persons who are convicted but not yet cleared criminal records to manage, use weapons, explosives, or supporting tools.

đ) Abusing positions and powers to prevent illegally, annoy, harass the organizations and individuals in the equipment, grant of licenses for weapons, explosives, supporting tools.

e) Failing to provide or providing false information of weapons, explosives, supporting tools; failing to timely report, concealing or falsifying information reported on the theft, loss, accidents, incidents of weapons, explosives, supporting tools.

g) Carrying weapons, explosives, supporting tools illegally into the prohibited places, prohibited areas.

h) Obstructing the persons who are on duty upon they are inspecting the equipment, management, and use of weapons, explosives, supporting tools.

i) Concealing, helping, creating conditions for the others to produce, transport, purchase, sell, stockpile, use illegally, destroy weapons, explosives, supporting tools.

Article 5. Subjects who are allowed to carry weapons, supporting tools to enter, exit out of the Vietnamese territory in the special cases

1. Foreign organizations, individuals are allowed to carry weapons, supporting tools from abroad into Vietnam in the following cases:

a) To protect the heads, deputy heads of the States, the legislatures, the governments and other key members of the Royal Families. Namely:

- Heads of States;

- Heads of the Governments;

- Chairman of the National Assembly;

- General Secretary, President of the party or the head of the parties in relation to the Communist Party of Vietnam;

- United Nations Secretary-General;

- Deputy Heads of States, of the Governments, of the National Assembly; deputy secretary general of the United Nations;

- The key members of the Royal Families (King, Queen, Prince, Princess).

b) To protect the guests invited by the Party Central Committee, the chairman of the States, the National Assembly, and the Government of the Socialist Republic of Vietnam.

c) To exercise, compete in sports, exhibit, display, offer, introduce products.

2. Vietnamese organizations, individuals are carrying weapons, supporting tools from Vietnam to foreign countries in the following cases:

a) To protect the heads of the Communist Party, the Socialist Republic of Vietnam.

b) To exercise, compete in sports, exhibit, display, offer, introduce products.

c) To carry weapons, supporting tools from Vietnam to foreign countries under the provisions of guard law.

Article 6. The number and categories of weapons and supporting tools allowed carrying into or out of the territory of Vietnam in the special cases

1. Organizations, individuals are allowed carrying up to 10 pistols together with the base number of balls into or out of the territory of Vietnam to do the guard task. In the special cases, wishing to bring more than the specified number of weapons, it must be approved by the Prime Minister.

2. For organizations and individuals carrying weapons, supporting tools into, or out of the Vietnamese territory for training, competing sports, exhibiting, displaying, offering, introducing products, base on need, scale of the exhibition, display, offer, introduction of products or tournament, the General Department of Administration Management Police on order, social security, the Ministry of Public Security shall decide upon the request of the organizations, individuals.

Article 7. Responsibilities of the persons assigned the weapons, explosives, supporting tools

1. Persons who are assigned weapons, explosives, supporting tools are responsible for implementing the provisions of Article 8 of the Ordinance and for handing over weapons, explosives, supporting tools and license to use in cases of transferring to the other jobs, of retirement, termination of employment, transferring to work for other sectors or unqualified standards and conditions of use of weapons, explosives, supporting tools.

2. Agencies and governing units are responsible for inspecting, recording minutes for the handover and receipt of weapons, explosives, supporting tools and license to use referred to in Clause 1 of this Article.

Chapter 2.

MANAGEMENT AND USE OF WEAPONS

Article 8. Type of military weapons equipped for the force of forest rangers, specialized force against the smuggling of the customs, the customs border gate, Aviation Security

1. The forces in charge of anti-smuggling of Customs, units of border gate Customs, forest rangers, Aviation Security are equipped with:

a) Pistol, submachine-gun of all types.

b) Ammunition used for firearms specified in point (a) of this clause.

2. In case of necessity required to equip with other military weapons other than the weapons specified at Point a, Clause 1 of this Article, it must send statement to the Prime Minister for decision after the exchange and agreement with the Ministry of Defense, the Ministry of Public Security.

Article 9. Provisions on shooting as doing independent duty

1. As doing independent duty, the shooting must comply with the principles set out in clause 2 of Article 22 and the shooting cases specified in clause 3 of Article 22 of the Ordinance.

2. Warning before shooting according to the provisions at Point b, Clause 2, Article 22 of the Ordinance is expressed through verbal commands or shooting into the air.

Article 10. Import and grant of license for transport of sporting weapons

1. Based on the need, purpose of use and after consultation with the Ministry of Defense and Ministry of Public Security on the number and categories of sporting weapons need to be imported, the Ministry of Culture, Sports and Tourism shall submit to the Prime Minister for decision on permission of import of sporting weapons.

2. Procedures to grant license for transporting sporting weapons.

After the Prime Minister decides to allow import of sporting weapons, the enterprises tasked to import by the Ministry of Culture, Sports and Tourism must conduct procedures to be granted transportation license. Dossier requesting for transportation license shall be made into 01 set and submitted to the General Department of Administration Management Police on order, social security. Dossier comprises:

a) A written request for transportation license of imported sporting weapons. Content of the written request, shall clearly state the number of, categories of sporting weapons, location and time of delivery, receipt, type of means of transportation, transportation routes.

b) A copy of the written permission for import of sporting weapons issued by the Prime Minister.

c) A referral of the person coming to contact.

Person named in the referral must produce the valid identity card or passport to dossier receiving official.

Within 4 working days after receiving complete and valid dossier, Public Security agency must grant transportation license according to regulations.

3. The term of the transportation license is 30 days.

Article 11. Classification of military weapons, sporting weapons

1. Military weapons, sporting weapons must be classified; if they are broken and cannot be fixed, they must be conducted the liquidation, destruction according to regulations. The classification of military weapons, sporting weapons must be set up a council.

Classification board consists of: representative of the agency, the unit equipped with, representative of the public security agency where the license is granted. Classification board of military weapons, sporting weapons is established by the public security agency where the use license is granted at the request of the agency; unit equipped.

The inspection, classification decisions must be recorded in writing.

2. The Minister of Defense guides the classification of weapons under the management competence of the Ministry of Defense.

Article 12. Facilities and enterprises of the Ministry of Defense, Ministry of Public Security conducting research, manufacture, production, repair of weapons

1. The research, manufacture, production, repair of weapons in the facilities, enterprises under the Ministry of Defense shall comply with the provisions of the law on the national defense industry.

2. The research, manufacture, production, repair of weapons in the facilities, enterprises under the Ministry of Defense must meet the following conditions:

a) Being tasked research, manufacture, production, repair of weapons by the Minister of Public Security.

b) Infrastructure and machinery meeting the needs of research, manufacture, production, repair of weapons.

c) Satisfaction of conditions of security, order.

Article 13. Subjects equipped with rudimentary weapons

1. The units of the People's Army, the People's Public Security, Militia.

2. Forest ranger, specialized force against smuggling of the customs, the border gate customs, Aviation Security.

3. Inspection team of market management force; boards, bodyguards of the agencies, organizations, or enterprises trading security services; agencies enforcing civil judgments.

4. Boards of protection of residential areas or mass organizations to protect security, order of communes, wards and townships.

5. Fishery inspectors and fishery protection force.

6. Centers of Medical Treatment - Education - Social Labor.

7. Clubs, schools, centers of training, coaching sports.

8. Centers of defense and security education.

9. Museums, studios, arts performing units.

Article 14. Rudimentary weapons ownership of individuals

Individuals are owned only rudimentary weapons to be objects on display, exhibition, and family’s precious objects or objects to be inherited from ancestors in accordance with the customs and practices of ethnic minorities.

Article 15. Licensing procedures for purchase of rudimentary weapons

1. The rudimentary weapons must be equipped for the right subjects as specified in Article 23 of the Ordinance and Article 13 of this Decree. The Ministry of Public Security bases on function, tasks and needs of each subject (except for Army units, Militia) to license for purchase according to the right category. Dossier is made into 01 set including:

a) A written request for purchase of rudimentary weapons. Content of the request must be stated the reason, the number, category of rudimentary weapons needs to be bought.

b) A referral of the person coming to contact.

Person named in the referral must produce the valid identity card or passport to dossier receiving official.

2. Place to receive dossier requesting for license to purchase rudimentary weapons

a) Department of Administration Management Police on social order receives dossier requesting for license to purchase rudimentary weapons of agencies, units of the ministries, branches at the central level and the enterprise trading security services allowed to train guards.

b) Public Security of provinces and cities directly under the Central Government shall receive dossiers requesting for licenses to purchase rudimentary weapons of the agencies, local units.

After receiving the dossiers, Public Security agencies shall carry out evaluation. Within 05 (five) working days after receiving complete and valid dossiers, Public Security agencies must grant licenses for purchasing rudimentary weapons as prescribed.

3. The term of the license to rudimentary weapons is 30 days.

Article 16. Management, use of rudimentary weapons

1. Rudimentary weapons equipped must be conducted the procedures of registration with the competent Public Security agencies on the number and categories; they are not required to conduct licensing procedures for use. When brought into use, they must be permitted by the head of that agency, unit.

2. Rudimentary weapons to be objects in the museum, are used as film props, performing arts, family’s precious objects or objects to be inherited from ancestors in accordance with the customs and practices of ethnic minorities must be declared to the Public Security agencies of communes, wards and towns and are only allowed to display, exhibit, perform, or use them in the worship rituals of the ethnic minorities.

3. Studios, performing-arts units are only used rudimentary weapons for props; the museums are only used rudimentary weapons for display and exhibition.

Chapter 3.

MANAGEMENT AND USE OF MILITARY EXPLOSIVES

Article 17. Subjects to use of military explosives

1. People's Army.

2. People's Public Security.

Article 18. Conditions to ensure safety in the research, manufacture, storage, use of military explosives

1. Units assigned tasks of research, manufacture, storage, use of military explosives must set up organizational systems of management, technical safety directly administered, directed and assigned people having enough qualifications, experience to be in charge of carrying out the technical safety in each division, position with high risk of incidents, accidents of fires, explosions.

2. Units assigned tasks of research, manufacture, storage, use of military explosives must have a plan to protect the security, order and plan, measures of fire prevention and fire fighting for the facilities of research, manufacture, warehouse system, places where loading and unloading are made, means of transportation and periodically organize drills of fire prevention and fighting, rescue. Military explosives storages must be designed, constructed according to technical safety standards, have plan of prevention, response to emergency incidents, to ensure safety of environmental sanitation.

3. Officers and soldiers assigned to tasks of warehouse management, transportation, use of military explosives must be trained to meet the requirements of appropriate qualifications.

4. Ministry of Defense, Ministry of Public Security based on the functions, tasks assigned and jurisdiction shall guide in detail the use of military explosives.

Chapter 4.

MANAGEMENT, USE OF SUPPORTING TOOLS

Article 19. Subjects equipped with supporting tools

1. Subjects equipped with supporting tools include:

a) People's Army; Militia.

b) People's Public Security.

c) An aviation security.

d) Forest ranger, specialized force against the smuggling of customs, the border gate customs, the inspection teams of market management forces.

đ) The specialized security boards, teams of the agencies, organizations or enterprises; enterprises trading security services;

e) The protection boards of residential areas or mass organization to protect security, order of communes, wards, townships.

g) Clubs, Schools, centers of training, coaching sports licensed for operation.

h) The agencies enforcing civil judgments.

i) The inspectors of fisheries, fisheries protection force.

k) Center for Medical Treatment - Education - Social Labor.

l) Other subjects decided by the Prime Minister.

2. Based on the nature and requirements of the task, the heads of the units specified in clause 1 of this Article decide on equipment of categories, the number of supporting tools appropriately.

3. The Ministry of Defense shall provide the equipment, grant of licenses to purchase, licenses to use supporting tools for the subjects within the scope of management.

4. The Ministry of Public Security shall preside over and coordinate with the ministries, ministerial-level agencies to provide the equipment and grant of licenses to use supporting tools for other subjects outside the jurisdiction of the Ministry of Defense.

Article 20. Licensing procedures for purchasing supporting tools

1. Dossier requesting for license to purchase supporting tools is made into 01 set. Comprising:

a) A written request for purchasing supporting tools.

b) A copy of the establishment decision or business registration certificate.

c) A decision on the establishment of specialized security forces (applies to the agencies, enterprises establishing specialized security force).

d) A referral of the person coming to contact.

Person named in the referral must produce the valid identity card or passport to dossier receiving official.

2. Place to receive dossier requesting for license to purchase supporting tools.

a) Department of Administration Management Police on social order receives dossier requesting for license to purchase supporting tools of agencies, units of the ministries, branches at the central level and the enterprise trading security services allowed to train guards.

b) Public Security of provinces and cities directly under the Central Government shall receive dossiers requesting for licenses to purchase supporting tools of the local agencies, units.

During 04 working days, the competent public security agencies must grant licenses for purchasing supporting tools as prescribed.

3. The term of the license to purchase supporting tools is 15 days.

Article 21. Procedures for grant of licenses to use support tools

1. Licenses to use supporting tools are provided for the types of guns used to shoot plastic bullets, rubber bullets, tear gas, asphyxiating gas, poison, narcotics, magnetic, laser, fireworks, and types of electrical batons, rubber batons, metal batons. For other supporting tools, agencies, units allowed to use must make a list, recording the full number, categories, and conduct registration procedures with the competent Public Security agencies.

2. Dossier for grant of new license using supporting tools

The subjects allowed to equip with the supporting tools provided in Article 19 of this Decree, after the purchase, it is required to bring supporting tools and produce the originals, submit the copies of invoices or slips of shipment to the public security agencies where granted licenses of purchase to be granted licenses to use.

Within not more than 05 working days (for quantity of less than 50 licenses), not more than 10 days (for quantity of 50 or more licenses), after receiving complete and valid dossiers, the public security agencies must grant licenses to use supporting tools as prescribed.

3. Dossier for re-grant of licenses to use

The re-grant of licenses to use is applied when the licenses to use have expired, lost. Dossier is made 01 set and filed at the public security agency where granted license to use. Comprising:

a) A written request of the agency or organization; content of the request must be shown the reason for the re-grant, the number of licenses requesting for re-grant; number, categories, symbols of supporting tools for re-grant.

b) The expired license or statement stating the reason of the loss, stating the results of dealing with the loss of the license.

c) A referral of the person coming to contact.

Person named in the referral must produce the valid identity card or passport to dossier receiving official.

Within not more than 05 working days (for quantity of less than 50 licenses), 10 days (for quantity of 50 or more licenses), after receiving complete and valid dossiers, the public security agencies must re-grant licenses to use supporting tools as prescribed.

4. Dossier for modification grant of license to use supporting tools

The modification grant of licenses to use supporting tools is applied when licenses are broken. Dossier is made 01 set and filed at the public security agency where granted license to use. Comprising:

a) A written request of modification grant of the agency or organization. Content of the request must be shown the reason for the modification grant, the number of licenses requesting for modification grant; number, categories, symbols of supporting tools for modification grant.

b) A referral of the person coming to contact.

Person named in the referral must produce the valid identity card or passport to dossier receiving official.

Within not more than 05 working days, after receiving complete and valid dossiers, the public security agencies must make modification grant of licenses to use supporting tools as prescribed.

5. The licenses to use supporting tools are valid for 05 years and are granted only for the agencies, units allowed to equip.

6. The Ministry of Defense shall specify the dossier and procedures for granting licenses to use supporting tools for the units under jurisdiction of the Ministry of Defense.

Article 22. Licensing procedures for transportation of supporting tools

1. Dossier requesting for transportation license of supporting tools is made into 01 set. Comprising:

a) A written request for transportation license; content of the request must be shown the reason, the number, categories, place of departure, place of arrival, means of transportation of supporting tools.

b) A written permission of transportation of supporting tools of the superior governing agency.

c) A referral of the person coming to contact.

Person named in the referral must produce the valid identity card or passport to dossier receiving official.

2. Place to receive dossier requesting for transportation license of supporting tools.

a) Department of Administration Management Police on social order receives dossiers requesting for transportation license of supporting tools to the agencies, units of the ministries, branches at the central level and the enterprises trading security services allowed to train guards.

b) Public Security of provinces and cities directly under the Central Government shall receive dossiers requesting for transportation licenses of supporting tools to the local agencies, units.

Within not more than 05 working days after receiving complete and valid dossiers, public security agencies must grant transportation licenses of supporting tools as prescribed.

3. The term of the transportation license of supporting tools is 30 days.

4. The Ministry of Defense shall specify dossier, procedures to grant the transportation license of supporting tools for the units under the jurisdiction of the Ministry of Defense.

Article 23. Procedures to repair supporting tools

1. Dossier requesting for license to repair supporting tools is made into 01 set and filed at the competent public security agency where granted license to use. Comprising.

a) A written request for license to repair supporting tools; content of the request must be shown clearly the number, categories of supporting tools need to be repaired, place estimated to repair, duration estimated to repair.

b) A referral of the person coming to contact.

Person named in the referral must produce the valid identity card or passport to dossier receiving official.

Within 05 working days, after receiving complete and valid dossiers, the public security agencies must grant licenses to repair supporting tools as prescribed.

2. In case of required transportation of supporting tools to the repair place, license of repair is simultaneously the transportation license.

3. The term of the license to repair supporting tools is 30 days.

4. The Ministry of Defense shall specify dossier, procedures to grant licenses to repair supporting tools for the units under its jurisdiction.

Article 24. Management and use of supporting tools

1. Supporting tools not yet used must be stored in the warehouse or place of storage. When put them into warehouse or storage place, they must be streamlined, separated each category and brand. Every year, the agencies, units must carry out the technical inspection, periodic maintenance in accordance with provisions, and the manufacturer's maintenance procedures.

2. Agencies, units allowed equipping, using supporting tools must open records, books for tracking. Supporting tools put into use must be permitted by the head of the agency or unit and must be recorded.

3. Persons who are assigned supporting tools by the agencies, units must be trained on features, effects, using skill. When traveling on duty with carrying supporting tools, a license to use must be brought along with. In case of requirement of work, combat, supporting tools are allowed bringing home, they must be stored carefully, ensured safely. When the tasks are completed, persons assigned supporting tools must hand over to the responsible persons for preservation of supporting tools. Where the supporting tools or using licenses are lost, they must be reported immediately to the head in charge directly. Agencies, organizations lost licenses, supporting tools must report immediately in writing to the public security agencies where granted licenses to use supporting tools for coordination of settlement.

4. When using the supporting tools, persons who are assigned supporting tools by the agencies, units must strictly abide by the provisions of Article 33 of the Ordinance.

Article 25. Conditions of the facilities, enterprises of research, manufacture, production, repair of supporting tools

1. The research, manufacture, production, repair of supporting tools is done in the facilities and enterprises of the Ministry of Public Security, the Ministry of Defense.

2. In case the facilities, enterprises of the Ministry of Public Security, the Ministry of Defense do not guarantee the research, production, repair, they can do by the method of bidding or ordering at the facilities and enterprises meeting the full following conditions:

a) There is a system infrastructure, machinery meeting the needs of research, fabrication, manufacture, repair of supporting tools.

b) They must be the qualified facilities, enterprises of security, order and granted certificates of satisfaction of security, order by the competent public security agencies.

Article 26. Conditions of the facilities, enterprises importing, exporting, trading supporting tools

Facilities, enterprises of the Ministry of Public Security, Ministry of Defense and other organizations, enterprises importing, exporting, trading supporting tools must satisfy the following conditions:

1. To be established and operated in accordance with the law provisions.

2. To be eligible for security, order and granted certificates of satisfaction of security, order by the competent public security agencies.

3. To suit to the planning on facilities, enterprises importing, exporting, trading supporting tools as prescribed by the Ministry of Defense, Ministry of Public Security.

Chapter 5.

STATE MANAGEMENT RESPONSIBILITIES ON WEAPONS, EXPLOSIVES, SUPPORTING TOOLS

Article 27. Responsibility of the Ministry of Public Security

1. To organize the implementation of the Ordinance and to issue guidelines on the management and use of weapons, explosives, supporting tool according to their competence.

2. To send recommendations to the Government, the Prime Minister for amending and supplementing the documents of management, use of weapons, explosives, and supporting tools.

3. To coordinate with the relevant ministries, branches to specify the subjects, management, preservation, and use of weapons, explosives, supporting tools as assigned by the Government.

4. To organize registration, grant, revocation of licenses in the management and use of weapons, explosives, supporting tools according to their competence.

5. To prescribe standards, technical regulations, standards of storage place of weapons, explosives, supporting tools according to their competence.

6. To organize the coaching, training of professional skill on the management and use of weapons, supporting tools and grant of certificate for the subjects allowed using weapons, supporting tools outside the scope of management of the Ministry of Defense.

7. To organize the apparatus specialized in and responsible for monitoring the management of weapons, explosives, supporting tools.

8. To inspect, examine, fight against the violations of the law on management and use of weapons, explosives, supporting tools; to organize propaganda, dissemination of legal documents on management and use of weapons, explosives, and supporting tools.

9. To organize the research, application of science and technology in the management and use of weapons, explosives and supporting tools.

10. To organize statistic, sum up the management and use of weapons, explosives, supporting tools according to their competence.

11. To implement international cooperation on the management and use of weapons, explosives, and supporting tools.

12. To settle complaints, denunciations; propose to commend and reward individuals and organizations having outstanding achievements in the management and use of weapons, explosives and supporting tools.

Article 28. Responsibilities of the Ministry of Defense

1. To organize the implementation of the Ordinance and to issue the guidelines on the management and use of weapons, explosives, supporting tools under the jurisdiction of the Ministry of Defense.

2. To specify subjects equipped with weapons and explosives, supporting tools for the main army force, the Border Guard, the Coast Guard, the local army and Militia.

3. To register, grant licenses to use weapons, explosives, supporting tools for the subjects specified in clause 2 of this Article.

4. To provide or convert military weapons for the subjects outside the jurisdiction of the Ministry of Defense after consultation with the Ministry of Public Security.

5. To organize the facilities producing, repairing military weapons, sporting weapons, explosives and supporting tools in the People's Army.

6. To receive, process and destroy military weapons and explosives submitted by public security agencies or the organizations and individuals.

7. To inspect the management and use of weapons, explosives, supporting tools for subjects managed by the Ministry of Defense.

8. To implement and coordinate with the Ministry of Public Security in the repair, conversion, liquidation, destruction of weapons, explosives, and supporting tools.

9. To implement international cooperation on the management of weapons, explosives, supporting tools under the jurisdiction of the Ministry of Defense.

10. To settle complaints, denunciations; propose recommend and reward individuals and organizations having outstanding achievements in the management and use of weapons, explosives and supporting tools.

11. To propose to the Government, the Prime Minister for amending and supplementing the document on management of weapons, explosives, and supporting tools under the jurisdiction of the Ministry of Defense.

Article 29. Responsibilities of relevant ministries and branches

1. The Ministry of Culture, Sports and Tourism is responsible for:

a) To preside over, coordinate with the Ministry of Public Security specify the equipment, management, and use of weapons in training, competition of sports; weapons, explosives, supporting tools as props or for display, exhibitions in the cultural, art activities.

b) To coordinate with the Ministry of Public Security to conduct conversion, liquidation, destruction of sporting weapons.

c) To examine the management and use of sporting weapons equipped to the subjects under the provisions of this Ordinance and Decree.

2. Ministry of Science and Technology is responsible for:

a) To coordinate with the Ministry of Public Security in performing the state management function of explosives used in scientific research and technology.

b) To set up norms and standards using explosives in scientific research and technology.

3. The Ministry of Finance shall preside over and coordinate with the Ministry of Public Security, the Ministry of Defense to guide the allocation and use of funds for the management and use of weapons, explosives, supporting tools; the collection of fees for registration, grant of license to manage the weapons, explosives, supporting tools; guide the national reservation for explosives.

4. The Ministry of Information and Communications is responsible for directing the agencies of information, media to propagate and disseminate the regulations on management and use of weapons, explosives, supporting tools; to propagate, mobilize People to detect, collect and hand in weapons, explosives, supporting tools stored, used illegally.

5. The Ministry of Education and Training is responsible for developing the program to disseminate the regulations on management and use of weapons, explosives, supporting tools in the middle schools and vocational school, high schools, colleges, universities.

6. The ministries, branches within their tasks and powers, have the responsibility to coordinate with the Ministry of Public Security to provide data for the state statistic and perform other tasks of the contents of State management on weapons, explosives, supporting tools.

Article 30. Responsibilities of the People's Committees at all levels

1. To organize the propaganda, dissemination, education of law on the management and use of weapons, explosives and supporting tools.

2. To organize the implementation of the provisions of the law on management and use of weapons, explosives and supporting tools.

3. To examine, inspect, settle complaints and denunciations; reward and handle violations related to the management and use of weapons, explosives and supporting tools as prescribed by law.

Chapter 6.

IMPLEMENTATION PROVISIONS

Article 31. Effect

This Decree takes effect from May 20, 2012 and replaces the Decree No.47/CP of August 12, 1996 on the management of weapons, explosives and supporting tools.

Article 32. Transitional provisions

1. Certificates, licenses (except for licenses to use shotguns) granted to the organizations, individuals in the field of management, use of weapons, explosives, supporting tools in accordance with the law provisions prior to the effective date of the this Decree shall be continued to use until the expiration of the time limit specified in the certificates or licenses.

2. Licenses of using shotguns granted to individuals previously by the competent public security agencies must be revoked.

Article 33. Responsibility for implementation

1. The Minister of Public Security is responsible for guiding the implementation of the clauses and Articles assigned in this Decree and other necessary contents of this Decree to meet state administration requirements.

2. The Ministers, heads of ministerial-level agencies, the heads of the Governmental agencies, Presidents of the People's Committees of provinces and cities directly under the Central Government are responsible for the implementation of this Decree.

 

 

 

FOR THE GOVERNMENT
PRIME MINISTER




Nguyen Tan Dung

 

 


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Lược đồ Decree No. 25/2012/ND-CP detailing the implementation of a number of articles


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          Decree No. 25/2012/ND-CP detailing the implementation of a number of articles
          Loại văn bảnNghị định
          Số hiệu25/2012/ND-CP
          Cơ quan ban hànhChính phủ
          Người kýNguyễn Tấn Dũng
          Ngày ban hành05/04/2012
          Ngày hiệu lực20/05/2012
          Ngày công báo...
          Số công báo
          Lĩnh vựcLĩnh vực khác
          Tình trạng hiệu lựcCòn hiệu lực
          Cập nhật12 năm trước

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                  Văn bản gốc Decree No. 25/2012/ND-CP detailing the implementation of a number of articles

                  Lịch sử hiệu lực Decree No. 25/2012/ND-CP detailing the implementation of a number of articles

                  • 05/04/2012

                    Văn bản được ban hành

                    Trạng thái: Chưa có hiệu lực

                  • 20/05/2012

                    Văn bản có hiệu lực

                    Trạng thái: Có hiệu lực