What are procedures for classifying, liquidating and destroying weapons, explosives and combat gears in Vietnam?

What are procedures for classifying, liquidating and destroying weapons, explosives and combat gears in Vietnam? What are the cases that are allowed to use combat gears in Vietnam? What are regulations on research into, manufacture, trading, export, import and repair of combat gears in Vietnam?

What are procedures for classifying, liquidating and destroying weapons, explosives and combat gears in Vietnam?

I want to know about procedures for classifying, liquidating and destroying weapons, explosives and combat gears in Vietnam. Thank you!

Answer:

Weapons, explosives and combat gears that have been received and collected shall be listed and classified to determine their quality and use value for liquidation or destruction.

Pursuant to Article 70 of the Law on management and use of weapons, explosives and combat gears in 2017 stipulating procedures for classifying, liquidating and destroying weapons, explosives and combat gears in Vietnam as follows:

Procedures for classifying and liquidating weapons, explosives and combat gears shall be specified as follow:

- After receiving and collecting weapons, explosives and combat gears, military authorities and police authorities of districts, local regiments or superior military units shall classify the weapons, explosives and combat gears and submit reports to their supervisory authorities which shall decide to use or destroy these weapons, explosives and combat gears;

- After receiving the reports, the supervisory authorities shall consider and decide to use or destroy weapons, explosives and combat gears.

Procedures for destroying weapons, explosives and combat gears shall be specified as follow:

- After the decision on destruction of weapons, explosives and combat gears is issued, the military or police authority of the district or a local regiment or superior military unit shall establish a council of destruction and make plans for destroying these weapons, explosives and combat gears Compositions of a council of destruction shall include the representative of the destroying authority who shall work as the Chairperson of the council; representatives of the specialized technical authority, authority in charge of state administration related to the environment of the district and People’s Committee of the commune where the place of destruction is located that shall be the council's members. Plans for destroying weapons, explosives and combat gears shall ensure safety and reduce impacts on the environment;

- After destroying weapons, explosives and combat gears, the destroying authority shall carry out a site inspection and ensure that all weapons, explosives and combat gears shall have their functions and effects disabled. Results of destruction shall be specified in a record and confirmed by the Chairperson and members of the council.

Above are procedures for classifying, liquidating and destroying weapons, explosives and combat gears in Vietnam. For futher information, you may refer to the Law on management and use of weapons, explosives and combat gears in 2017.

What are the cases that are allowed to use combat gears in Vietnam?

Our unit are eligible to equip combat gears for our mission. What are the cases that are allowed to use combat gears in Vietnam? Which legal documents can I refer to for further information?

Answer:

Pursuant to Clause 1 Article 61 of the Law on management and use of weapons, explosives and combat gears in 2017 stipulating cases that are allowed to use combat gears in Vietnam as follows:

- The subject is using weapons, explosives, force or other tools for attacking, resisting or threatening lives and health of law enforcement officials or other people;

- The suspect is using weapons, explosives, force or other tools for disturbing the public order and threatening the lives, health and property of other people;

- The person who is being sought, arrested or detained in case of emergency or person who is temporarily detained, escorted, sentenced or imprisoned is resisting and threatening the lives and health of law enforcement officials or other people; the suspect is rescuing people who are subject to coercive delivery or forced escort, imprisoned or detained due to serious crimes, committing very serious crimes, extremely serious crimes or dangerous recidivism;

- It is clear that the suspect is committing a serious crime, very serious crime or extremely serious crime; and

- A person carrying out an independent mission is allowed to shoot at a road vehicle or vehicle of inland waterway traffic, except for those of diplomatic missions, foreign consuls, representatives of international organizations, to stop this vehicle if the person driving this vehicle attacks or directly threatens the lives and health of law enforcement officials or other people; or it is clear that the vehicle driven by this person is deliberately run away unless there are people or hostages on this vehicle or it is clear that the vehicle carrying crimes, illegal weapons or explosives, reactionary documents, narcotics or national precious objects deliberately run away unless there are people or hostages on this vehicle.

- The suspect is using weapons and explosives for directly terrorizing, killing people, taking hostages or is directly using these weapons and explosives for resisting arrest as soon as completing his/her crime.

- The suspect that produces, trades in, storages, transports or organizes the illegal use of narcotics directly uses weapons or explosives for resisting arrest;

- The suspect is using weapons or explosives for directly attacking or threatening the safety of the VIP, important works of national security and important targets protected in accordance with regulations of law

- The suspect is using weapons, explosives or force for directly threatening lives and health of law enforcement officials or other people;

- The suspect is directly robbing law enforcement officials of their guns; and

- A person carrying out an independent mission is allowed to shoot at animals directly threatening lives and health of law enforcement officials or other people;

- Combat gears are used for preventing and dispersing illegal demonstrations, riots, disturbance to the public order and violation of national security, social order and safety;

- Combat gears are used for preventing a person from threatening lives and health of law enforcement officials or other people;

- Combat gears are used for preventing and dispersing the disturbance, opposition or disobedience to the orders of law enforcement officials, risks to security and safety of prisons, detention camps, custody houses, reformatories, compulsory education establishments and drug detoxification facilities;

- Combat gears are used in case of justified self-defense or emergency as prescribed by law.

Above are cases that are allowed to use combat gears in Vietnam. For futher information, you may refer to the Law on management and use of weapons, explosives and combat gears in 2017.

What are regulations on research into, manufacture, trading, export, import and repair of combat gears in Vietnam?

I'm learning about regulations on research into, manufacture, trading, export, import and repair of combat gears in Vietnam. How shall organizations and enterprises carry out research into, manufacture, trading, export, import and repair of combat gears in Vietnam? Which legal documents can I refer to for further information?

Answer:

As prescribed in Clause 1 Article 52 of the Law on management and use of weapons, explosives and combat gears in 2017, combat gears shall be researched, manufactured and repaired by organizations affiliated to the Ministry of Public Security and the Ministry of National Defense and these activities shall satisfy the following conditions:

- Organizations are assigned to research, manufacture and repair combat gears by the Minister of Public Security and the Minister of National Defense;

- Conditions for ensuring security, order, fire prevention and environmental protection are satisfied;

- Combat gears are researched and manufactured by producers of combat gears in accordance with research plans approved by the competent authority;

- Measuring instruments and equipment are sufficient to inspect and supervise technical parameters and inspect quality of combat gears in the production process. The testing places are separate and safe as prescribed in standards and technical regulations;

- Types of combat gears ensure the quality, standards and technical regulations. Each supporting tool has its own label, number, symbol, country of production, year of production and expiry date;

- Managers, employees and workers engaged in the production of combat gears shall ensure the security and order, have suitable qualifications and are trained in safe technique, fire prevention and response to incidents in activities related to production of combat gears;

Above are regulations on research into, manufacture, trading, export, import and repair of combat gears in Vietnam. For futher information, you may refer to the Law on management and use of weapons, explosives and combat gears in 2017.

Best regards!

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