Conditions for research into, manufacture and repair of weapons to be satisfied by the organization/enterprise affiliated to the Ministry of National Defense and Ministry of Public Security of Vietnam

What are conditions for research into, manufacture and repair of weapons to be satisfied by the organization/enterprise affiliated to the Ministry of National Defense and Ministry of Public Security of Vietnam?

Pursuant to Article 7 of the Decree 79/2018/NĐ-CP stipulating conditions for research into, manufacture and repair of weapons to be satisfied by the organization/enterprise affiliated to the Ministry of National Defense and Ministry of Public Security of Vietnam as follows:

1. The organization/enterprise is assigned the plan for or tasks of researching, manufacturing, trading, importing, exporting and repairing weapons by the Ministry of National Defense and Ministry of Public Security

2. Conditions for security, order, fire prevention and fighting, incident response and prevention and environmental protection shall be satisfied. To be specific:

a) Regulations on entry and exit and security and order assurance plans should be made. Equipment, items and commodities transported into and out of the organization/enterprise should be kept under control. Security forces should be set up.

b) Regulations, sufficient equipment, forces in charge of inspecting fire safety and internal fire fighting plans should be in place. It is required to carry out fire drills and adopt fire safety measures as prescribed.

c) Measures for reducing, collecting and treating materials and wastes, and tackling environmental pollution on site shall be adopted. It is prohibited to leak or spread toxic to the environment. Provision of sources and equipment for prevention and response to environmental emergencies shall be ensured.

3. The place for manufacture and repair of weapons shall be conformable to conditions for security, order, fire prevention and fighting and environmental protection. It is required to set a safe distance from residential areas, cultural, social and historic constructions, security areas and prohibited areas.

4. There must be equipment and instrument suitable for testing and monitoring specifications and serving quality inspection during manufacture and repair of weapons, and a separate testing place (except for research into and manufacture of cold weapons). Finished product warehouse shall comply with technical regulations and standards.

5. Types of weapons shall ensure quality and comply with technical standards and regulations. Each military weapon and each sporting weapon shall have its own trademark, number, symbol, manufacturing country and year of manufacture.

6. The manager of an organization/enterprise shall be provided with training in management and use of weapons, fire safety and incident prevention and response during manufacture and repair of weapon.

7. Employees directly involved in manufacture and repair of weapons shall provide with training in fire safety and incident prevention and response, occupational safety and hygiene assurance during manufacture and repair of weapon.

What are conditions for trading in weapons to be satisfied by the organization/enterprise affiliated to the Ministry of National Defense and Ministry of Public Security of Vietnam?

Pursuant to Article 8 of the Decree 79/2018/NĐ-CP stipulating conditions for trading in weapons to be satisfied by the organization/enterprise affiliated to the Ministry of National Defense and Ministry of Public Security of Vietnam as follows:

1. The organization/enterprise is assigned the plan for or task of weapon trading by the Minister of National Defense or Minister of Public Security.

2. The conditions specified in Clause 2 Article 7 of this Decree are satisfied.

3. Warehouses, storage places and equipment in service of weapon trading shall fulfill conditions for security, order, fire prevention and fighting, incident response and prevention and environmental protection in accordance with regulations.

4. The manager of an organization/enterprise shall be provided with training in management and use of weapons, fire safety and incident prevention and response during trading process.

What are conditions for import and export of weapons to be satisfied by the organization/enterprise affiliated to the Ministry of National Defense and Ministry of Public Security of Vietnam?

Pursuant to Article 9 of the Decree 79/2018/NĐ-CP stipulating conditions for import and export of weapons to be satisfied by the organization/enterprise affiliated to the Ministry of National Defense and Ministry of Public Security of Vietnam as follows:

1. An organization/enterprise affiliated to the Ministry of National Defense and Ministry of Public Security is entitled to import and export weapons if it:

a) is assigned the plan for or task of weapon import/export by the Minister of National Defense or Minister of Public Security; and

b) satisfies the conditions specified in Clauses 2, 3 and 4 Article 8 of this Decree are satisfied during its weapon import/export.

2. Procedures for issuance of the weapon import/export license

a) If the organization/enterprise affiliated to the Ministry of National Defense and Ministry of Public Security wishes to import/export weapons, it is required to prepare an application including an application form specifying reasons, a copy of the establishment decision or a copy of the enterprise registration certificate; a copy of the document about assignment of plan or task of weapon import/export given by the Minister of National Defense or Minister of Public Security. The person who is sent to submit the application by the organization/enterprise shall present a letter of introduction and one of the following documents: Citizen Identification Card, Identity Card, passport, People’s Public Security identity card or People’s Army identity card that remains valid;

b) The application specified in Point a of this Clause shall be made into 01 set and submitted to the Police Department of Administrative Management of Social Order (Ministry of Public Security). The organization/enterprise affiliated to the Ministry of National Defense shall submit it to the competent authority designated by the Minister of National Defense;

c) Within 05 working days from the date on which the satisfactory application is received, the competent authorities specified in Point b of this Clause shall issue the weapon import/export license. In case of rejection, it is required to provide written explanation;

d) The weapon import/export license is valid for 90 days.

In case the license is expired, the organization/enterprise shall submit a written request for extension, specifying reasons thereof to the competent authorities specified in Point b of this Clause for consideration.

Best regards!