What are the procedures for issuance of license to use combat gears in Vietnam? What principles should the person assigned to use the combat gear comply with?
What are the procedures for issuance of license to use combat gears at the Police Department on Administrative Management of Social Order?
Pursuant to the provisions of subsection 12, Section D, Part II, Administrative procedures promulgated together with Decision 3191/QD-BCA in 2022. The license to use combat gears in Vietnam is issued according to the following procedures:
- Step 1:
Central agencies, organizations and enterprises that wish to issue a license to use combat gears shall submit their dossiers at the Police Department on Administrative Management of Social Order - the Ministry of Public Security at office hours on working days, through the Online Public Service Portal or by the postal service.
- Step 2: The receiving officer checks the validity and composition of the application.
+ If the application meets the requirements and procedures, then receive the application, hand over the receipt or notice on the online public service portal to the person handed over by the agency, organization or enterprise.
+ In case the dossier is qualified but the procedures are missing or the declaration is incomplete and inaccurate, a written instruction or notice on the Online Public Service Portal clearly stating the procedures and contents to be supplemented and declared.
+ In case the application is not eligible, the application will not be accepted and a written reply or a notice on the Online Public Service Portal clearly stating the reasons for not receiving the application.
- Step 3: Based on the appointment date on the receipt or the notice on the online public service portal, the agency, organization or enterprise that has been granted the license to use the combat gear comes to receive the license to use the combat gears or received by postal service.
In particular, the application for a license to use combat gears includes:
- A written request specifying the quantity, type, country of manufacture, brand, number and symbol of each combat gear;
- A copy of the license to equip combat gears;
- Copies of Invoice or delivery note;
- A letter of introduction;
- A copy of the citizen identity card, paper identity card, passport or people's police identity card of the contact person.
What are the procedures for issuance of license to use combat gears in Vietnam? What principles should the person assigned to use the combat gear comply with? (Image from the Internet)
What are the principles of use of combat gears in Vietnam?
Pursuant to Clause 2, Article 22 of the 2017 Law on Management and Use of Weapons, Explosives and Combat Gears in Vietnam as follows:
Principles of use of military weapons
...
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.
Thus, the person assigned to use combat gears needs to comply with the above 04 contents.
According to the regulations, in what cases can combat gears be used?
According to Clause 1, Article 61 of the 2017 Law on Management and Use of Weapons, Explosives and Combat Gears in Vietnam, the person assigned to use combat gears is allowed to use combat gears in the following cases:
- Cases in which gunfire is allowed to ensure the security and order specified in Article 23 of the 2017 Law on Management and Use of Weapons, Explosives and Combat Gears in Vietnam;
- Combat gears are used for preventing and dispersing illegal demonstrations, riots, disturbance to the public order and violation of national security, social order and safety;
- Combat gears are used for preventing a person from threatening lives and health of law enforcement officials or other people;
- Combat gears are used for preventing and dispersing the disturbance, opposition or disobedience to the orders of law enforcement officials, risks to security and safety of prisons, detention camps, custody houses, reformatories, compulsory education establishments and drug detoxification facilities;
- Combat gears are used in case of justified self-defense or emergency as prescribed by law.
Nguyễn Thị Hồng Nhung
