Promulgating Decree No. 149/2024/ND-CP stipulating detailed provisions and measures for the implementation of the Law on Management and Use of Weapons, Explosives, and Supporting Tools in Vietnam
Promulgating Decree No. 149/2024/ND-CP stipulating detailed provisions and measures for the implementation of the Law on Management and Use of Weapons, Explosives, and Supporting Tools in Vietnam
On November 15, 2024, the Government of Vietnam issued Decree 149/2024/ND-CP detailing a number of provisions and measures for the implementation of the Law on the Management and Use of Weapons, Explosives, and Supporting Tools, including:
- Clause 3, Article 6 stipulates training, coaching, and issuance of certificates for the use of military weapons, explosives, and supporting tools.
- Clause 4, Article 7 stipulates training and issuance of certificates for managing warehouses where military weapons, explosives, and supporting tools are stored.
- Clause 3, Article 8 stipulates the management and preservation of military weapons, explosives, and supporting tools.
- Clause 3, Article 10 stipulates the procedures for revoking military weapons, explosives, supporting tools, licenses, certificates, and management, usage credentials of military weapons, explosives, and supporting tools.
- Clause 5, Article 14 stipulates authority, order, and procedures for rendering weapons, supporting tools non-functional and confirming their status when used for exhibition, display, or as props in cultural and artistic activities.
Decree 149/2024/ND-CP applies to agencies, organizations, businesses, and individuals involved in the management, use of military weapons, explosives, supporting tools, and the production, trading, export, import, transportation, and use of knives with high lethality.
Promulgating Decree No. 149/2024/ND-CP stipulating detailed provisions and measures for the implementation of the Law on Management and Use of Weapons, Explosives, and Supporting Tools in Vietnam (Image from the Internet)
What are regulations on the production, trading, export, import, and transportation of high lethality knives by organizations, businesses, and individuals in Vietnam?
Based on Article 7 Decree 149/2024/ND-CP on safety measures in the production, trading, export, import, transportation, and use of high lethality knives:
Article 7. Safety measures in the production, trading, export, import, transportation, and use of high lethality knives
- Organizations, businesses, and individuals engaged in the production, trading, export, import, and transportation of high lethality knives must comply with the following regulations:
a) When producing high lethality knives, they must bear trademarks, markings, or the name of the manufacturing establishment on the product; the production process must be strictly managed to ensure fire safety and environmental protection; products with high lethality knives must be tightly wrapped, packaged, or boxed:
[...]
Hence, organizations, businesses, and individuals engaged in the production, trading, export, import, and transportation of high lethality knives must comply with the following regulations:
- When producing high lethality knives, they must bear trademarks, markings, or the name of the manufacturing establishment on the product; the production process must be strictly managed to ensure fire safety and environmental protection; products with high lethality knives must be tightly wrapped, packaged, or boxed.
- Selling or displaying high lethality knives at fixed locations must be stored in cabinets, trays, or racks; in case of selling high lethality knives without a fixed location, they must be tightly wrapped, packaged, or have stringent, safe storage and preservation measures.
- The export and import of high lethality knives are subject to the provisions of commercial law; high lethality knife products must have origins, or bear trademarks, markings, or the name of the manufacturing establishment.
- When transporting high lethality knives for trading, export, or import, they must be packaged, boxed, and securely fastened to ensure they do not fall, get lost, or be misplaced during transportation.
- In the event of loss or misplacement during the production, trading, export, import, or transportation of high lethality knives, organizations, businesses, and individuals must notify the nearest Police Department.
What are principles for management and use of weapons, explosives, precursor chemicals, and supporting toolsin Vietnam?
Based on Article 3 Decree 149/2024/ND-CP on the principles for management and use of weapons, explosives, precursor chemicals, and supporting toolsin Vietnam:
- Comply with the Constitution, laws, in accordance with international treaties to which the Socialist Republic of Vietnam is a member, and relevant international agreements.
- Equipping weapons, explosives, and supporting tools must be done under proper authority, to appropriate parties and ensure compliance with standards and technical regulations.
- Agencies, organizations, businesses, and individuals managing and using weapons, explosives, precursor chemicals, and supporting tools must meet all regulatory requirements.
- Individuals with the authority to issue orders or decide on the use of weapons, explosives, and supporting tools must be accountable for their orders or decisions in accordance with regulations.
- The use of weapons, explosives, precursor chemicals, and supporting tools must ensure conformity, limiting damage to human life, health, property, and the environment.
- Research, manufacture, production, testing, trading, equipping, exporting, importing, transporting, repairing, and using of weapons, explosives, precursor chemicals, and supporting tools must be authorized by competent authorities, and adhere to strict management, security, safety, and environmental protection measures.
- Weapons, explosives, precursor chemicals, and supporting tools must be periodically checked, inventoried, and quality-assessed; in the event that agencies, organizations, businesses no longer need to use, or they expire or become non-functional, they must be recalled, liquidated, or destroyed in accordance with regulations, ensuring security, safety, and environmental protection.
- Lost weapons, explosives, precursor chemicals, supporting tools, and licenses, certificates, or certifications must be reported promptly to the competent issuing authority.
- Weapons, explosives, precursor chemicals, and supporting tools must be tested, inspected, appraised, certified, and registered according to the legal regulations on product and goods quality management before being permitted for production, trading, or use in Vietnam.
