10:54 | 11/03/2023

What are the trading conditions for combat gears in Vietnam? What are the procedures for issuance of licenses to trade in combat gears?

May I ask: What are the trading conditions for combat gears in Vietnam? What are the procedures for issuance of licenses to trade in combat gears? - Question of Mr. Quang (Binh Thuan)

What is combat gear?

Pursuant to the provisions of Clause 11 Article 3 of the 2017 Law on Management and Use of Weapons, Explosives and Combat Gears in Vietnam, “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:

- 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;

- Devices used for spraying tear gas, asphyxiant gas, poisons, anesthetics or itching powder

- Smoke grenades, tear gas grenades

- Stun batons, rubber batons, metal batons; figure-8 handcuffs, spike-boards, barbed wires; armors; electric gloves, knife gloves; shields, bulletproof helmets; sonic weapons;

- Military animals which are animals trained and used for protecting national security and ensuring social order and safety;

- 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.

What are the trading conditions for combat gears in Vietnam? What are the procedures for issuance of licenses to trade in combat gears?

What are the trading conditions for combat gears in Vietnam? What are the procedures for issuance of licenses to trade in combat gears? (Image from the Internet)

What are the trading conditions for combat gears?

Current conditions for trading in combat gears are specified in Clause 2, Article 52 of the 2017 Law on Management and Use of Weapons, Explosives and Combat Gears in Vietnam as follows:

Research into, manufacture, trading, export, import and repair of combat gears
...
2. The trading of combat gears shall satisfy the following conditions:
a) Traders of combat gears are state-owned enterprises established in accordance with regulations of law;
b) Conditions for ensuring security, order, fire prevention and environmental protection are satisfied;
c) Warehouses, vehicles and equipment for trading of industrial explosives are conformable and their conditions for maintenance and transport of combat gears and fire prevention are ensured;
d) Managers, employees and workers engaged in the trading, export or import of combat gears shall ensure the security and order, have suitable qualifications and are trained in management of combat gears and fire prevention;
dd) Only combat gears complying with standards and technical regulations and license to trade in combat gears are traded.

Thus, individuals and organizations trading combat gears need to meet the above conditions.

What are the procedures for issuance of licenses to trade in combat gears in Vietnam?

Pursuant to the provisions of subsection 17, Section D, Part II of the administrative procedures promulgated together with Decision 3191/QD-BCA in 2022, the licenses to trade in combat gears in Vietnam shall only be granted to those who are equipped with the combat gears as prescribed in Clause 1, Article 55 of the 2017 Law on Management and Use of Weapons, Explosives and Combat Gears in Vietnam.

According to that, the procedures for issuance of licenses to trade in combat gears in Vietnam is carried out as follows:

No.

Order

Step 1

Central agencies, organizations and enterprises that wish to issue a license to trade in combat gears shall submit an application at the Police Department for 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 dossier.

If the application meets the requirements and procedures, the application shall be received, handed over the receipt or notified on the online public service portal to the person handed over by the agency, organization or enterprise.

In case the application is qualified but the procedures are missing or the declaration is incomplete or inaccurate, a written instruction or notice on the Online Public Service Portal shall clearly state 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 reason 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 a license to trade in combat gears comes to receive a license to trade in combat gears or receive a license to trade in combat gears through the online public service portal, through the postal service.

- Time limit for settlement

05 working days.

- Result

License to trade in combat gears.

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