Is there a penalty for not surrendering an electric baton?

Here is the translated text in the style of a legal document:---I collected all my belongings from my old workplace and moved them to my new residence. Upon inspection by the police, a stun gun was discovered among my belongings. The police fined me 3 million VND for the offense of failing to surrender a support tool. I am unsure if I was wrong and if this was handled correctly.

Electric batons are considered support tools as stipulated in point e, clause 11, Article 3 of the Law on Management and Use of Weapons, Explosives, and Support Tools 2017.

According to the provisions of point g, clause 3, Article 10 of Decree 167/2013/ND-CP:

“3. A fine ranging from VND 2,000,000 to VND 4,000,000 shall be imposed for any of the following acts:

g) Failing to surrender weapons, explosives, and support tools as prescribed.”

According to regulations, it does not matter whether you know or do not know there are electric batons in your house. If during an inspection they are found, you are still considered to have failed to surrender the support tools as prescribed and will be fined accordingly.

According to clause 4, Article 23 of the Law on Handling Administrative Violations 2012:

The specific fine amount for an administrative violation is the average level of the fine frame prescribed for that violation; if there are mitigating circumstances, the fine amount may be reduced but not below the minimum level of the fine frame; if there are aggravating circumstances, the fine amount may be increased but not exceed the maximum level of the fine frame.

Typically, the fine according to clause 3 of this Decree is calculated as follows:

(VND 2,000,000 + VND 4,000,000) ÷ 2 = VND 3,000,000

Therefore, your case being fined VND 3,000,000 is in accordance with the regulations.

Respectfully!

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