What are regulations on management and maintenance of weapons, military explosives and combat gears in Vietnam?

What are regulations on management and maintenance of weapons, military explosives and combat gears in Vietnam?

Pursuant to Article 4 of the Decree 79/2018/NĐ-CP stipulating management and maintenance of weapons, military explosives and combat gears in Vietnam as follows:

1. The management and maintenance of weapons, military explosives and combat gears shall comply with Article 9 of the Law on Management and Use of Weapons, Explosives and Combat Gears and the following regulations:

a) When equipped with weapons, military explosives and combat gears, the organization/enterprise shall manage and maintain them in warehouses or storage places and apply for issuance of the use license and registration certificate in accordance with regulations, and shall only use them after obtaining the use license or registration certificate;

b) The warehouses or storage places shall be located in a manner that ensures security and fire safety. Protection measures shall be designed and there must be regulations that are approved by the head of the organization/enterprise equipped with weapons, military explosives and combat gears.

The warehouses that are and are not under the management of the Ministry of National Defense shall be designed and constructed in accordance with national standards decided by the Minister of National Defense and the Minister of Public Security respectively.

c) Weapons, military explosives and combat gears in warehouses and storage places shall be neatly arranged and sorted by their type and trademark. If stored in the same warehouse or storage place, weapons, combat gears and bullets used for weapons and combat gears shall be separated from each other. Military explosives and weapons, combat gears and bullets shall be stored in a separate warehouse or storage place.

2. Regulations on management and maintenance of weapons, military explosives and combat gears

a) When equipped with weapons, military explosives and combat gears, the organization/enterprise shall prepare a record. The use of weapons, military explosives and combat gears shall be permitted by the head of the organization/enterprise and recorded. After use, it is required to transfer them to the person assigned to manage the warehouse or storage place and sign the record.

b) The organization/enterprise shall formulate an annual plan for inspection, quality assessment and classification of the equipped and used weapons, military explosives and combat gears. It is required to inform the equipping authority and the authority that issues the use license and registration certificate (hereinafter referred to as “the issuing authority”) about the weapons, military explosives and combat gears that are no longer usable or expired to register recall, liquidation or destruction thereof;

c) The organization/enterprise shall submit biannual and annual reports on management and use of weapons, military explosives and combat gears to the issuing authority.

d) In case any of the weapon, military explosive or combat gear is lost or the warehouse or storage place is involved in any incident, it is required to immediately inform the issuing authority.

dd) The person assigned to manage the warehouse or storage place shall record the provision, receipt, recall, transfer, damage to, loss or repair of weapons, military explosives and combat gears; regularly test, maintain and take measures for preventing rust, termites, dampness, mold, loss, fire, explosion and other dangers to weapons, military explosives and combat gears; clean both the inside and outside of the warehouse or storage place.

What are regulations on power of and procedures for neutralization and confirmation of condition of weapons and combat gears used for exhibitions, displays or used as props in cultural and artistic activities in Vietnam?

Pursuant to Article 5 of the Decree 79/2018/NĐ-CP stipulating power of and procedures for neutralization and confirmation of condition of weapons and combat gears used for exhibitions, displays or used as props in cultural and artistic activities in Vietnam as follows:

1. In the case of usable weapons and combat gears

a) An organization/enterprise that wishes to neutralize any weapon/combat gear shall prepare an application that includes: an application form specifying reasons, quantity, type, trademark, number, symbol and origin of the weapon/combat gear, date, name and address of the applicant. 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 organization/enterprise affiliated to central government ministries, local organization/enterprise and entity under the management of the Ministry of National Defense shall submit 01 set of application to the Police Department of Administrative Management of Social Order (Ministry of Public Security), the Police Division of Administrative Management of Social Order of the province or central-affiliated city (hereinafter referred to as “the province”) and the competent authority designated by the Minister of National Defense respectively;

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 send a written response to the applicant and the organization/enterprise in charge of weapon and combat gear neutralization (hereinafter referred to as “the neutralizing organization/enterprise”), specifying quantity, type, trademark, number and origin of each weapon/combat gear, date, name and address of the neutralizing organization/enterprise. In case of rejection, it is required to provide explanation. The time limit for neutralization is 30 days from the date on which the neutralizing organization/enterprise receives the written response of the competent authority and on which the applicant sends the weapon/combat;

d) After the weapon/combat gear is neutralized, the neutralizing organization/enterprise shall send a written notice to the competent authorities prescribed in Point b of this Clause. Within 05 working days from the date on which the notice is received, the competent authorities prescribed in Point b of this Clause shall carry out inspection and make a record of the condition of the neutralized weapon/combat gear and issue the use license as prescribed.

2. In the case of neutralized weapons and combat gears

a) The organization/enterprise that is managing the neutralized weapon/combat gear wish to use it for exhibitions, displays or used as props in cultural and artistic activities shall prepare and submit an application for confirmation of condition of the neutralized weapon/combat gear to the competent authorities specified in Point b Clause 1 of this Article. The application includes: an application form specifying reasons, quantity, type, trademark, number, symbol and origin of the weapon/combat gear. 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) Within 05 working days from the date on which the satisfactory application is received, the competent authorities prescribed in Point b Clause 1 of this Article shall carry out inspection and make a record of the condition of the neutralized weapon/combat gear and issue the use license as prescribed.

What are regulations on recall of weapons, military explosives and combat gears and revocation of licenses for and certificates of management and use of weapons, military explosives and combat gears in Vietnam?

Pursuant to Article 6 of the Decree 79/2018/NĐ-CP stipulating recall of weapons, military explosives and combat gears and revocation of licenses for and certificates of management and use of weapons, military explosives and combat gears in Vietnam as follows:

1. If the weapon, military explosive or combat gear has to be recalled and use license/registration certificate has to be revoked in the cases where such weapon, military explosive or combat gear is redundant, expired or no longer usable or the organization/enterprise is not allowed to use any weapon, military explosive or combat gear as prescribed by the Law on Management and Use of Weapons, Explosives and Combat Gears, the organization/enterprise shall prepare and submit an application for revocation as prescribed in Clause 1 Article 11 of the Law on Management and Use of Weapons, Explosives and Combat Gears to the equipping authority and issuing authority. After receiving the application, the competent authority shall comply with the following regulations:

a) A written notice of date and place of revocation shall be sent and the license for transport of the weapon, military explosive or combat gear to the place of revocation shall be issued;

b) The organization/enterprise shall transport the weapon, military explosive or combat gear and bring the use license/registration certificate (if any) to the place of revocation on the date specified in the notice;

c) The authority that has the power to recall/revoke shall carry out inspection and make a record specifying quantity, type, number, symbol, trademark, manufacturing country, origin and condition of the weapon, military explosive or combat gear and number of licenses. The record shall be made into 02 copies. 01 copy shall be sent to the organization/enterprise and 01 shall be kept by the authority that has the power to recall/revoke.

2. If the weapon, military explosive or combat gear has to be recalled and use license/registration certificate has to be revoked in the cases where the organization/enterprise is dissolved, converted, fully/partially divided, consolidated or merged, before dissolution, conversion, full/partial division, consolidation or merger, such organization/enterprise shall prepare and submit an application for revocation as prescribed in Clause 1 Article 11 of the Law on Management and Use of Weapons, Explosives and Combat Gears to the equipping authority and issuing authority. After receiving the application, the competent authority shall recall/revoke as prescribed in Clause 1 of this Article.

In the cases where the organization/enterprise that is dissolved, converted, fully/partially divided, consolidated or merged does not apply for revocation, the competent authority shall notify it in writing. In case the organization/enterprise fails to return the weapon, military explosive or combat gear, the competent authority shall carry out inspection and make a record of recall/revocation of the weapon, military explosive or combat gear and use license/registration certification as prescribed in Clause 1 of this Article.

3. If the use license/registration certificate has to be revoked in the cases where the weapon/combat gear is lost or the use license/registration certificate is issued ultra vires, the organization/enterprise shall prepare and submit an application for revocation as prescribed in Clause 1 Article 11 of the Law on Management and Use of Weapons, Explosives and Combat Gears to the equipping authority and issuing authority. After receiving the application, the competent authority shall comply with the following regulations:

a) A written notice of date and place of revocation shall be sent to the organization/enterprise;

b) The organization/enterprise shall bring the use license/registration certificate to the place of revocation on the date specified in the notice;

c) The competent authority that has the power to revoke shall carry out inspection and make a record specifying number and type of the licenses/registration certificates. The record shall be made into 02 copies. 01 copy shall be sent to the organization/enterprise and 01 shall be kept by the authority that has the power to revoke.

4. If the certificate of management and use of the weapon, military explosive or combat gear is revoked in the cases where the certificate has been issued to an individual who moves on to a new job, retires, leaves his/her job or is no longer eligible as prescribed, the organization/enterprise shall revoke the certificate and return it to the competent authority issuing it. The procedures for revocation are prescribed in Clause 3 of this Article.

5. In the cases where the organization/enterprise fails to return weapons, military explosives, combat gears, licenses and certificates as prescribed in Clauses 1, 2, 3 and 4 of this Article, the competent authority that has the power to recall/revoke shall carry out inspection, make records, recall weapons, military explosives or combat gears and revoke licenses and certificates and handle them as prescribed by law.

6. After the competent authority recalls weapons, military explosives and combat gears, it is required to classify and maintain them, and apply for liquidation and destruction as prescribed. Regarding the licenses for and certificates of management and use of weapons, military explosives and combat gears, the issuing authority shall issue the decision on destruction of weapons, military explosives and combat gears and destroy them as prescribed.

Best regards!