Is it illegal to purchase hunting guns for home decoration in Vietnam? Is the act of displaying military guns at home subject to criminal responsibility?
How many types of guns are there in Vietnam?
Pursuant to Article 3 of the Law on Management and Use of Weapons, Explosives and Combat gears in 2017, guns can be classified into four categories as follows:
- Guns which are military weapons, including: Firearms (handguns, rifles, submachine guns, light machine guns, anti-tank guns, grenade launchers) and light weapons (heavy machine guns, mortars, DKZ rifles, anti-aircraft machine guns, man-portable anti-tank rocket launchers)
- Hunting guns: firearms, air guns.
- Air rifles, rifles using exploding bullets, air handguns, handguns using exploding bullets, sporting guns using paintballs, and skeet guns.
- Guns which are combat gears: 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.
Is it illegal to purchase hunting guns for home decoration in Vietnam? (Internet picture)
Who will be equipped with guns in Vietnam?
*Military Weapons
Pursuant to Clause 1, Article 18 of the Law on Management and Use of Weapons, Explosives and Combat gears in 2017, the following entities are equipped with military weapons:
- Vietnam People’s Army;
- Vietnam Civil Defense Force;
- Vietnam Coast Guards
- Vietnam People's Public Security
- Cipher force;
- The investigating authority affiliated to People’s Supreme Procuracy;
- Foresters and Vietnam Fisheries Resources Surveillance;
- Aviation security force;
- Customs officers working at border checkpoints and specialized forces carrying out tasks of anti-smuggling affiliated to Vietnam Customs.
*Sporting weapons:
In Clause 1, Article 24 of the Law on Management and Use of Weapons, Explosives and Combat gears in 2017, the following entities are equipped with sporting weapons:
- Vietnam People’s Army;
- Vietnam Civil Defense Force;
- Vietnam People's Public Security
- Sporting clubs and providers of training in sports that have obtained operating licenses;
- Centers for national defense and security education;
- Other authorities and organizations that are established and issued with operating licenses related sport training and competitions.
*Combat gears
In Clause 1, Article 55 of this Law, the following entities are equipped with combat gears:
- 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, from the above provisions, it can be seen that the subjects allowed to equip guns are mainly those serving the military and police forces who are ready to fight crime, protect social order and security or active in the special hostile unit requires the use of a gun.
On the other hand, people who are allowed to use guns must also fully meet the conditions under Clause 1, Article 7 of the Law on Management and Use of Weapons, Explosives and Combat gears in 2017:
- He/she has full legal capacity;
- He/she satisfies moral and health requirements for his/her assigned tasks;
- He/she is not incurring any administrative penalty or facing criminal prosecution. His/her conviction has been expunged;
- He/she has been trained in and obtained a certificate of use of weapons, explosives and combat gears.
Is it illegal to purchase hunting guns for home decoration in Vietnam? Is the act of displaying military guns at home subject to criminal responsibility?
- In Clause 1, Article 5 of the Law on Management and Use of Weapons, Explosives and Combat gears in 2017 stipulates prohibited acts, specifically the personal possession of weapons (including military weapons, shotguns, sporting weapons) and combat gears.
- At the same time, Clause 2, Article 5 of the Law on Management and Use of Weapons, Explosives and Combat gears in 2017 also stipulates that it is strictly forbidden to store and illegally use weapons (including shotguns). .
- Therefore, only the subjects specified in Articles 18, 24, and 55 and who fully meet the conditions in Clause 1, Article 7 of the Law on Management and Use of Weapons, Explosives and Combat gears in 2017 equipped, using guns as applied military weapons, manipulable weapons, combat gears.
- At the same time, if they want to equip and use these types of guns, each type of gun, individuals and organizations must have a license to equip, a license to use or declare to a competent agency.
- In short, buying a shotgun for indoor display is not allowed.
* Penalties for illegal display of guns
- According to Point Clause 5, Article 11 of Decree 144/2021/ND-CP stipulating a fine of VND 20-40 million for those who illegally manufacture, equip, store, transport, repair and use military weapons sports weapons.
Note that the above fine level applies to individuals, if the organization violates, the sanction will be 2 times that of the individual.
- Regarding criminal liability, Article 304 of the Criminal Code 2015 as amended by Clause 106 Article 1 of the Law on amendments to the Criminal Code 2017 provides:
Illegal manufacture, possession, transport, use or appropriation of military weapons or devices
1. Any person who illegally manufactures, possesses, transports, uses or appropriates a military weapon or device shall face a penalty of 01 - 07 years' imprisonment.
2. This offence committed in any of the following circumstances carries a penalty of 05 – 12 years' imprisonment:
a) The offence is committed by an organized group;
b) Illegal goods are transported or traded across the border;
c) The offence results in the death of a person;
d) The offence causes ≥ 61% WPI for another person;
dd) The offence causes a total WPI of 61% - 121% for more than one person;
e) The property damage caused by the offence is assessed at from VND 100,000,000 to under VND 500,000,000;
g) The value or quantity of the illegal items is high;
h) Dangerous recidivism.
...
- Thus, people who use and display military weapons and powder guns may be administratively handled, severely, they will be examined for penal liability.
Based on the nature and seriousness of the violation to determine the appropriate penalty frame according to the above provisions.
- In addition, the person who commits the violation is also subject to the additional sanction of confiscation of the gun
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