Vietnam: Shall the mobile police performing independent duties be allowed to open fire without warning?
Shall the mobile police be allowed to shoot military guns on their own when performing independent missions?
Pursuant to Article 15 of the Law on Mobile Police 2022 of Vietnam stipulating as follows:
“Article 15. Use of weapons, explosives, combat gears, technical means and equipment
1. When performing independent tasks, mobile police officers may use weapons, explosives, combat gears and shoot military guns according to the provisions of the law on management and use of weapons, explosives and combat gears.
2. When performing organized tasks, the use of weapons, explosives and combat gears by the mobile police must comply with the orders of the direct commander. The person giving the order must comply with the provisions of the Law on Management and Use of Weapons, Explosives and Combat Gears, relevant regulations of law and take responsibility before the law and superiors for the mobile police’s decision.
3. The use of professional technical means and equipment when performing the tasks of the mobile police according to the plan approved by the competent authority.
4. The use of weapons, explosives, supporting tools, vehicles and professional technical equipment of the Mobile Police in training and drills must comply with the plan approved by the competent authority.”
According to the above regulations, when performing independent tasks, mobile police officers are entitled to fire military weapons according to the provisions of law. When performing organized tasks, the use of weapons and explosives by the mobile police must comply with the orders of the direct commander.
Cảnh sát cơ động thực hiện nhiệm vụ độc lập sẽ được quyền tự ý nổ súng mà không cần cảnh cáo trước? (Hình từ internet)
When shooting military guns, are the mobile police required to warn in advance?
Pursuant to Article 23 of the Law on Management and Use of Weapons, Explosives and Combat Gears 2017 of Vietnam:
“Article 23. Cases in which gunfire is allowed to ensure the security and order
1. A person carrying out an independent mission shall give warning in acts, verbal orders or warning shot before shooting at the suspect if:
a) The subject is using weapons, explosives, force or other tools for attacking, resisting or threatening lives and health of law enforcement officials or other people;
b) The suspect is using weapons, explosives, force or other tools for disturbing the public order and threatening the lives, health and property of other people;
c) The person who is being sought, arrested or detained in case of emergency or person who is temporarily detained, escorted, sentenced or imprisoned is resisting and threatening the lives and health of law enforcement officials or other people; the suspect is rescuing people who are subject to coercive delivery or forced escort, imprisoned or detained due to serious crimes, committing very serious crimes, extremely serious crimes or dangerous recidivism;
d) It is clear that the suspect is committing a serious crime, very serious crime or extremely serious crime; and
dd) A person carrying out an independent mission is allowed to shoot at a road vehicle or vehicle of inland waterway traffic, except for those of diplomatic missions, foreign consuls, representatives of international organizations, to stop this vehicle if the person driving this vehicle attacks or directly threatens the lives and health of law enforcement officials or other people; or it is clear that the vehicle driven by this person is deliberately run away unless there are people or hostages on this vehicle or it is clear that the vehicle carrying crimes, illegal weapons or explosives, reactionary documents, narcotics or national precious objects deliberately run away unless there are people or hostages on this vehicle.
2. A person carrying out an independent mission is allowed to shoot at a suspect without warning if:
a) The suspect is using weapons and explosives for directly terrorizing, killing people, taking hostages or is directly using these weapons and explosives for resisting arrest as soon as completing his/her crime.
b) The suspect that produces, trades in, storages, transports or organizes the illegal use of narcotics directly uses weapons or explosives for resisting arrest;
c) The suspect is using weapons or explosives for directly attacking or threatening the safety of the VIP, important works of national security and important targets protected in accordance with regulations of law
d) The suspect is using weapons, explosives or force for directly threatening lives and health of law enforcement officials or other people;
dd) The suspect is directly robbing law enforcement officials of their guns; and
e) A person carrying out an independent mission is allowed to shoot at animals directly threatening lives and health of law enforcement officials or other people;”
According to the above regulations, giving warning, warning shot or shooting without prior warning will be carried out in accordance with the above regulations.
What are the principles of use of military weapons?
Pursuant to Article 22 of the Law on Management and Use of Weapons, Explosives and Combat Gears 2017 of Vietnam:
“Article 22. Principles of use of military weapons
1. The use of military weapons for carrying out military mission, national defense and national protection shall comply with regulations of law on national defense.
2. The use of military weapons for ensuring security and social order and safety shall comply with the following principles:
a) The use of military weapons shall be decided according to circumstances, properties and threat posed by the suspect;
b) Military weapons shall only be used if there is no measure to suppress the suspect and the suspect ignores the warning. Military weapon will be used immediately if the untimely use of these military weapons jeopardizes lives and health of law enforcement officers or other people or causes extremely serious consequences.
c) Military weapon shall not be used in case the suspect is a woman, disabled person, child or old person unless the suspect uses weapons and/or explosives for attacking, resisting or threatening lives and health of law enforcement officers or other people;
d) In all cases, the users of military weapons shall limit the damage caused by these weapons.
3. The use of military weapons for carrying out independent missions shall comply with regulations of Clause 2 of this Article and Article 23 of this Law and other relevant regulations of law.
The use of military weapons for carrying out organized missions shall comply with the competent people's orders. The people issuing orders shall comply with regulations in Clause 2 of this Article and Article 23 of this Law and other relevant regulations of law and take responsibility for their decisions.
4. People assigned to use military weapons shall not take responsibility for damage if they comply with regulations in Clause 3 of this Article. If a person uses military weapons beyond the justified force in self-defense, causes obvious damage beyond the urgent circumstances or abuses the use of military weapons for violating human lives and health, legal rights and interests of an organization or individual, he/she shall be dealt with in accordance with regulations of law.”
According to the regulations, the use of military weapons will be carried out according to the principles listed in the above regulations.
The Law on Mobile Police 2022 will take effect from January 1, 2023.
Nguyễn Thị Hồng Nhung
