Is it illegal for Vietnamese citizens to use pepper spray for self-defense purposes? If it is illegal, what are the penalties for this act?
Is pepper spray considered a weapon in Vietnam?
Regarding weapons, it is explained by Clause 1, Article 3 of the Law on management and use of weapons, explosives and combat gears 2017 with the following contents:
"Article 3. Definitions
For the purpose of this Law, the terms below shall be construed as follows:
1. "weapon” is a piece or a combination of equipment that is meant to inflict damage or harm to human lives and health and destroy structures, including military weapons, hunting rifles, cold weapons, sporting weapons and other types of weapons with similar properties and effects."
As such, according to this regulation, pepper spray is not a weapon.
However, in Clause 11, Article 3 of the Law on management and use of weapons, explosives and combat gears 2017 has the following provisions:
"Article 3. Definitions
For the purpose of this Law, the terms below shall be construed as follows:
...
11. “combat gear” means equipment or military animals used for carrying out missions and providing protection, which aims to reduce and prevent the violators from resisting or running way, protect law enforcement officials, people performing protection missions or giving signals of emergency, including:
a) Stun guns, guns shooting asphyxiant gas, guns shooting poisons, tranquillizer guns, coilguns, net guns; rope launchers; guns using plastic bullets, guns using exploding bullets, guns using rubber bullets, tear gas, flares, tracers and ammunition used for these types of guns;
b) Devices used for spraying tear gas, asphyxiant gas, poisons, anesthetics or itching powder
c) Smoke grenades, tear gas grenades
d) Stun batons, rubber batons, metal batons; figure-8 handcuffs, spike-boards, barbed wires; armors; electric gloves, knife gloves; shields, bulletproof helmets; sonic weapons;
dd) Military animals which are animals trained and used for protecting national security and ensuring social order and safety;
e) Devices with similar properties and effects which are equipment not manufactured in conformity with technical standards and designs of legal producers and have their properties and effects similar to the combat gears prescribed in Points a, b, c and d of this Clause."
According to the above regulations, pepper spray is a kind of combat gears used to reduce and prevent the violators from resisting or running way, protect law enforcement officials, people performing protection missions or giving signals of emergency.
Is it illegal for Vietnamese citizens to use pepper spray for self-defense purposes? (Image from the Internet)
Is it illegal for Vietnamese citizens to use pepper spray for self-defense purposes?
According to the provisions of Clause 1, Article 55 of the Law on management and use of weapons, explosives and combat gears 2017, only the following subjects can be equipped with supporting tools, including:
- Vietnam People’s Army;
- Vietnam Civil Defense Force;
- Vietnam Coast Guards
- Vietnam People's Public Security
- Cipher force;
- Investigating authorities affiliated to People’s Supreme Procuracy;
- Authorities in charge of enforcement of civil judgments
- Foresters, full-time forest protection forces, Vietnam Fisheries Resources Surveillance, forces directly carry out specialized fishery inspections;
- Customs officers working at border checkpoints and full-time forces carrying out tasks of anti-smuggling affiliated to customs to Vietnam Customs.
- Inspecting teams affiliated to the market control forces;
- Aviation security force, forces directly carry out specialized inspections related to transportation;
- Guardians of authorities, organizations; providers of security services;
- Neighborhood security guards;
- Sporting clubs and providers of training in sports that have obtained operating licenses;
- Drug detoxification facilities;
- According to properties, requirements and missions, the Minister of Public’s Security shall decide to provide combat gears for other entities.
Thus, pepper spray is one of the combat gears that the state and authorities regulate its use and management very strictly and only those authorized by law can use it.
An individual who is not in the case of being equipped with a supporting tool but using or possessing pepper spray is considered an illegal act.
What are the penalties for the act of illegally using pepper spray in Vietnam?
Arbitrarily equipped with pepper spray will be sanctioned for illegal use of combat gear specified at point h, clause 3 and point a, clause 7, Article 11 of Decree 144/2021/ND-CP as follows: :
"Article 11. Violations against regulations on management and use of weapons, explosive materials, explosive precursors, combat gears, fireworks, firecrackers, and dangerous banned toys
...
3. A fine ranging from 5.000.000 VND to 10.000.000 VND shall be imposed for any of the following violations:
...
h) Using weapons or combat gears without a license;
...
7. Additional penalties:
a) Confiscation of the exhibits and means of administrative violations for the violations specified in Points d and dd Clause 1, Points a, b, c, e and g Clause 2; Points a, c, d, dd, e, h, i and k Clause 3; Points a, b, c, d, dd, e, h and I Clause 4 and Clause 5 of this Article;
..."
Note: In Clause 2, Article 4 of Decree 144/2021/ND-CP, the above fine level applies only to individuals. For organizations with the same violations, the fine level is 02 (two) times the fine level for individuals.
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