Vietnam: What conditions must the person assigned to use figure-8 handcuffs meet? Which individuals and organizations are allowed to use figure-8 handcuffs?
What conditions must the person assigned to use figure-8 handcuffs meet?
Pursuant to Clause 11 Article 3 of the 2017 Law on Management and Use of Weapons, Explosives and Combat Gears in Vietnam, figure-8 handcuffs are one of the combat gears.
At the same time, according to Clause 1, Article 7 of the 2017 Law on Management and Use of Weapons, Explosives and Combat Gears in Vietnam, a person assigned to use figure-8 handcuffs shall fulfill the following conditions:
- 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.
Vietnam: What conditions must the person assigned to use figure-8 handcuffs meet? Which individuals and organizations are allowed to use figure-8 handcuffs? (Image from the Internet)
Which individuals and organizations are allowed to use figure-8 handcuffs?
Pursuant to Clause 1, Article 3 of Circular No. 17/2018/TT-BCA, the following subjects are equipped with figure-8 handcuffs:
- Professional units under the Ministry of Public Security;
- Prisons and detention camps;
- People's Public Security Academy and School; The People's Public Security Training and Retraining Center does the work of training and coaching;
- Police of provinces and centrally run cities (hereinafter abbreviated as Provincial Police);
- Police of districts, urban districts, towns and provincial cities;
- Police of communes, wards and townships.
In which case are the figure-8 handcuffs used?
Pursuant to Clause 1, Article 61 of the 2017 Law on Management and Use of Weapons, Explosives and Combat Gears in Vietnam, the cases in which figure-8 handcuffs may be used as follows:
- Preventing and dispersing illegal demonstrations, riots, disturbance to the public order and violation of national security, social order and safety;
- Preventing a person from threatening lives and health of law enforcement officials or other people;
- 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;
- In case of justified self-defense or emergency as prescribed by law.
What are the prohibited actions in use of combat gears?
Pursuant to the provisions of Article 5 of the 2017 Law on Management and Use of Weapons, Explosives and Combat Gears in Vietnam, the prohibited actions in use of combat gears are as follows:
- Personal possession of weapons, explosives and combat gears, except for cold weapons used for exhibition and heirlooms.
- Illegal research into, manufacture, trading, export, import, storage, transport, repair, use or appropriation of weapons, explosives, explosives precursors and combat gears or components used for assembling weapons and combat gears.
- Illegal movement of weapons, explosives, explosives precursors and combat gears out of the territory of the Socialist Republic of Vietnam or to areas where they are prohibited.
- Abuse of the use of weapons, explosives, explosives precursors and combat gears to violate national security, social order and safety, human lives and health, property, legal rights and interests of an organization or another person.
- Destruction of or intentional infliction of damage to provide weapons, explosives, explosives precursors, combat gears.
- Provision of weapons, explosives, explosives precursors, combat gears for an unqualified organization or individual
- Exchange, giving, sending, lending, borrowing, leasing or mortgage of weapons, explosives, explosive precursors and combat gears or components used for assembling weapons and combat gears; except for exchange, giving, sending, lending, borrowing, leasing or mortgage of cold weapons used for exhibition and heirlooms.
- Transport, maintenance and destruction of weapons, explosives, explosive precursors and combat gears which fail to ensure safety or affect the environment.
- Appropriation, trading, exchange, giving, lending, borrowing, leasing, mortgage, counterfeiting, repair or erasure of licenses and certificates related to weapons, explosives, explosive precursors and combat gears.
- Appropriation, trading, exchange, giving, lending, borrowing, leasing or mortgage of wastes and scraps of weapons, explosives and combat gears.
- Illegal provision of instructions on and training in methods for manufacturing, repairing or using weapons, explosives, explosive precursors and combat gears in any way.
- Concealment of, failure to denounce or provision of assistance in the illegal manufacture, bringing, trading, repair, export, import, storage, transport, use or destruction of weapons, explosives, explosives precursors and combat gears.
- Illegally digging or searching for or collecting weapons, explosives, combat gears; scraps and wastes of weapons, explosives and combat gears.
- Intentional provision of false information on management of weapons, explosives, explosive precursors and combat gears; failure to report or promptly report, concealment or falsification of information on the loss, accidents related to weapons, explosives, explosives precursors or combat gears.
LawNet
