What is combat gear in Vietnam? Is it illegal to use combat gear such as pepper spray for self-defense purposes?
What is combat gear in Vietnam?
Pursuant to Clause 11 Article 3 of the Law on management and use of weapons, explosives and combat gears 2017 provides for combat gears 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."
Combat gears in Vietnam (Image from the Internet)
Who is allowed to use combat gears in Vietnam?
Pursuant to Clause 1, Article 55 of the Law on management and use of weapons, explosives and combat gears 2017 stipulates entities equipped with combat gears as follows:
"Entities equipped with combat gears
1. The following entities are equipped with combat gears:
a) Vietnam People’s Army;
b) Vietnam Civil Defense Force;
c) Vietnam Coast Guards
d) Vietnam People's Public Security
dd) Cipher force;
e) Investigating authorities affiliated to People’s Supreme Procuracy;
g) Authorities in charge of enforcement of civil judgments
h) Foresters, full-time forest protection forces, Vietnam Fisheries Resources Surveillance, forces directly carry out specialized fishery inspections;
i) Customs officers working at border checkpoints and full-time forces carrying out tasks of anti-smuggling affiliated to customs to Vietnam Customs.
k) Inspecting teams affiliated to the market control forces;
l) Aviation security force, forces directly carry out specialized inspections related to transportation;
m) Guardians of authorities, organizations; providers of security services;
n) Neighborhood security guards;
o) Sporting clubs and providers of training in sports that have obtained operating licenses;
p) Drug detoxification facilities;
q) According to properties, requirements and missions, the Minister of Public’s Security shall decide to provide combat gears for other entities.
2. According to properties, requirements and missions, the Minister of Public’s Security shall stipulate the equipment of combat gears for personnel of the Vietnam People’s Army, Vietnam Civil Defense Force, Vietnam coast guard, cipher force and sporting clubs and providers of training in sports under the management of the Ministry of National Defense.
3. According to properties, requirements and missions, the Minister of Public’s Security shall stipulate the equipment of combat gears for entities not under the management of the Ministry of National Defense."
Pursuant to the above provisions, an individual who is not in the case of being equipped with combat gear but using and possessing pepper spray is an illegal act.
In case individuals are allowed to bring combat gears, including pepper spray, they may only use them in cases of real necessity and must ensure safety and social order.
Thus, pepper spray is one of the combat gears that are strictly regulated by the state and authorities for use and management.
Citizens are not allowed to possess, use, borrow, rent, buy, sell... this kind of tool in any form and purpose.
If violations, depending on each case, the level of violation may be handled administratively or criminally.
What are the penalties for the illegal use of combat gears in Vietnam?
Pursuant to Point h, Clause 3 and Point a, Clause 7, Article 11 of Decree 144/2021/ND-CP stipulating the violations against regulations on management and use of weapons, explosive materials, explosive precursors, combat gears, fireworks, firecrackers, and dangerous banned toys are prohibited as follows:
"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; [...]"
Thus, for the act of using combat gears without a license, they will be fined from VND 5,000,000 to VND 10,000,000 and the exhibits will be confiscated.
And this fine is applicable to individuals, if they are organizations, the fine will be doubled (according to Clause 2, Article 4 of Decree 144/2021/ND-CP).
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