Vietnam: Who has the right to allow investment in military weapons specialized for defense and security?
- What are specialized military weapons for national defense and security in Vietnam?
- What are the conditions for investment in trading in military weapons for national defense and security in Vietnam?
- Who has the right to allow investment in military weapons specialized for defense and security in Vietnam?
What are specialized military weapons for national defense and security in Vietnam?
According to the provisions of Clause 3 Article 3 of Decree 101/2022/ND-CP explaining military weapons as follows:
Explanation of wording
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3. Military weapons specified at Point a, Clause 1, Article 1 of the Law amending and supplementing a number of articles of the Law on management and use of weapons, explosive materials and supporting tools.
Accordingly, military weapons as prescribed in Clause 2, Article 3 of the Law on Management and Use of weapons, Explosives and Combat gears 2017 (amended and supplemented by Point a, Clause 1, Article 1 of the Law on Management and Use of Weapons, Explosive Materials and Supporting Tools amended in 2019) are as follows:
Military weapons include:
- Weapons manufactured and manufactured in accordance with technical standards and designs of lawful manufacturers, equipped for the people's armed forces and other forces in accordance with this Law for the performance of official duties, including:
+ Hand guns: shotguns, rifles, submachine guns, medium guns, anti-tank guns, grenade launchers;
+ Light weapons: machine guns, mortars, DKZ guns, anti-aircraft machine guns, personal anti-tank missiles;
+ Heavy weapons: fighters, armed helicopters, tanks, armored vehicles, warships, submarines, ground artillery, anti-aircraft artillery, missiles;
+ Bombs, mines, grenades, torpedoes, mines; ammunition used for the weapons specified at this point;
+ Weapons manufactured, handmade or industrial, not according to technical standards or designs of lawful manufacturers, capable of causing damage, harm to human life and health, destroying material structures similar to weapons specified at Point a of this Clause, not to equip the people's armed forces and other forces specified in Article 18 of this Law to perform official duties.
Vietnam: Who has the right to allow investment in military weapons specialized for defense and security?
What are the conditions for investment in trading in military weapons for national defense and security in Vietnam?
According to the provisions of Article 7 of Decree 101/2022/ND-CP on conditions for investment in military weapons for national defense and security as follows:
Conditions for investment in trading in military weapons for national defense and security
1. Organizations and enterprises under the Ministry of National Defense and the Ministry of Public Security may invest in trading military weapons for national defense and security when meeting all the conditions specified in Articles 7 and 8 of the Government's Decree No. 79/2018/ND-CP dated May 16, 2018 detailing a number of articles and measures to implement the Law on Management, use of weapons, explosives and supporting tools (hereinafter abbreviated as Decree No. 79/2018/ND-CP).
2. Organizations and enterprises other than those specified in Clause 1 of this Article may participate in research, manufacture, production and repair of military weapons for national defense and security when they fully satisfy the conditions specified in Article 10 of Decree No. 79/2018/ND-CP.
Referring to Article 7 of Decree 101/2022/ND-CP and Article 8 of Decree 101/2022/ND-CP, enterprises wishing to invest in military weapons for national defense and security must satisfy the following conditions:
- Organizations and enterprises assigned plans or tasks by the Minister of National Defense or the Minister of Public Security to research, manufacture, produce and repair weapons or trade in weapons
- Ensure conditions on security, order, fire prevention, fire fighting, incident prevention and response and environmental protection, specifically as follows:
+ Having rules for entering and leaving organizations, enterprises, plans to ensure security and order; control vehicles, objects and goods transported in and out of organizations and enterprises; organization of guard forces;
+ Having rules, fully equipping means, organizing forces, checking fire safety, fighting fire, building grassroots firefighting plans; organize drills on fire and explosion response plans and measures to ensure fire safety according to regulations;
+ Implement measures to reduce, collect, treat raw materials, waste and treat environmental pollution on site; do not leak or spread toxic into the environment; ensure resources and equipment to meet the ability to prevent and respond to environmental incidents.
- Places of manufacture, production and repair of weapons, warehouses, storage places and means of transportation for weapons trading activities must ensure conditions on security, order, fire prevention and fighting and environmental protection; ensure a safe distance from residential areas, cultural, social, historical works, protected areas, prohibited places, prohibited areas.
- Having suitable means and equipment to check and supervise technical parameters and serve the inspection of product quality in the process of manufacturing, manufacturing and repairing weapons; there are separate test sites (except for research, manufacturing, and production of rudimentary weapons). Warehouses for finished products must ensure safety in accordance with standards and technical regulations.
- Types of products must ensure quality, standards and technical regulations; products of military weapons and sports weapons must have a brand, number, symbol, country of manufacture, year of manufacture.
- Managers of organizations and enterprises must be trained in the management and use of weapons, safety techniques, fire prevention, fire fighting, prevention and response to incidents in the process of producing, repairing and trading weapons.
- Employees directly involved in the manufacture, production and repair of weapons must be trained in safety techniques, fire prevention, fire fighting, incident prevention and response, occupational safety and hygiene in the process of making, manufacturing and repairing weapons.
Who has the right to allow investment in military weapons specialized for defense and security in Vietnam?
According to the provisions of Clause 1, Article 10 of Decree 101/2022/ND-CP, the Prime Minister shall decide to allow organizations and enterprises not under the Ministry of National Defense and the Ministry of Public Security to participate in researching, manufacturing, manufacturing and repairing military weapons for national defense and security at the request of the Minister of National Defense or the Minister of Public Security.
For organizations and enterprises under the Ministry of National Defense and the Ministry of Public Security that are invested in trading military weapons, they will be assigned specific plans or tasks by the Minister of National Defense or the Minister of Public Security.
Decree 101/2022/ND-CP will take effect from January 30, 2023.
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