Is it illegal to carry devices used for spraying tear gas for self-defense in Vietnam?

Is it illegal to carry devices used for spraying tear gas for self-defense in Vietnam?

In Clause 11 Article 3 of the Law on management and use of weapons, explosives and combat gears 2017, the combat gears are 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.

According to Clause 1, Article 55 of the Law on management and use of weapons, explosives and combat gears 2017, entities equipped with combat gears include:

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.

Thus, according to the above regulations in Vietnam, pepper spray is considered a combat gear and you are not one of the entities equipped with combat gears. Therefore, the fact that you carry pepper spray to protect yourself is breaking the law.

How much is fine for carrying devices used for spraying tear gas in Vietnam?

Pursuant to Clauses 3 and 7, Article 11 of Decree 144/2021/ND-CP stipulating violations against regulations on management and use of weapons, explosive materials, explosive precursors, combat gears, fireworks, firecrackers, and dangerous banned toys are 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:

a) Exchanging, giving away, sending, borrowing, lending, renting, leasing, pledging weapons, combat gears, explosive fireworks, smuggled fireworks or pyrotechnic compositions for illegal firework production; parts, assemblies of weapons, combat gears or scraps and refuses thereof;

b) Transporting or destroying weapons, explosive materials, explosive precursors or combat gears without ensuring safety or affecting the environment but not liable to criminal prosecution;

c) Failure to carry out testing, inspection, assessment and registration as prescribed by regulations of law on management of product quality before initiation production, sale, use of weapons or combat gears in Vietnam;

d) Illegal storage, transport of junk and scrap of weapons and combat gears;

dd) Transport, storage of dangerous banned toys;

e) Selling explosive precursors to an organization or enterprise that has not been granted the certificate of security and order, certificate of eligibility to manufacture industrial explosives, license for sale of explosive precursors or written approval issued by a competent authority;

g) Losing provided cold weapons or combat gears;

h) Using weapons or combat gears without a license;

i) Illegal use of firecrackers, fireworks or pyrotechnic compositions;

k) Manufacturing, providing, storing, transporting, repairing weapons or combat gears with a license but failing to comply with regulations of law.

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;

b) 3 – 6 months suspension of the license for use, certificate of registration of weapon or combat gear in case of violations specified in Point e Clause 2 of this Article;

c) 9 - 12 months suspension of the license, certificate of weapon, combat gear or fireworks in case of violations specified in Point a Clause 2, Points b and k Clause 3 of this Article.

Therefore, if you carry pepper spray, you are using an unlicensed combat gear, so you will be fined from VND 5,000,000 to VND 10,000,000. In addition, pepper spray that you bring with you will be confiscated in Vietnam.

What are conditions for and responsibilities of people assigned to use devices used for spraying tear gas in Vietnam?

In Article 7 of the Law on management and use of weapons, explosives and combat gears 2017, conditions for and responsibilities of people assigned to use weapons, explosives and combat gears are as follows:

1. A person assigned to use a weapon, explosive device or combat gear shall fulfill the following conditions:

a) He/she has full legal capacity;

b) He/she satisfies moral and health requirements for his/her assigned tasks;

c) He/she is not incurring any administrative penalty or facing criminal prosecution. His/her conviction has been expunged;

d) He/she has been trained in and obtained a certificate of use of weapons, explosives and combat gears.

2. A person assigned to use a weapon, explosive device or combat gear shall:

a) Use weapons, explosives and combat gears for proper purposes and in accordance with regulations of law;

b) Bring his/her certificate or license when carrying weapons and combat gears;

c) Protect weapons, explosives and combat gears from damage and loss in conformity with regulations and procedures;

d) Return weapons, explosives, combat gears and his/her license to the person in charge of managing and maintaining them in accordance with regulations of law when his/her mission is completed or the time limit for his/her mission has expired.

3. The Government shall provide detailed guidance on training in and issuance of certificates of use of weapons, explosives and combat gears.

Above are the regulations on conditions for and responsibilities of people assigned to use pepper spray in Vietnam.

Best Regards!