What are regulations on organizing tests to issue the certificate of use/management of weapons, military explosives and combat gears in Vietnam?

What are regulations on organizing tests to issue the certificate of use/management of weapons, military explosives and combat gears in Vietnam?

Pursuant to Article 17 of the Decree 79/2018/NĐ-CP stipulating organizing tests to issue the certificate of use/management of weapons, military explosives and combat gears in Vietnam as follows:

1. After the training course is completed, the competent authority specified in Clause 2 Article 15 of this Decree shall establish a testing council to serve issuance of the certificate of use/management of weapons, military explosives and combat gears.

2. In the cases where the authorities specified in Points c and d Clause 1 Article 15 of this Decree provide training, after the training course is completed, such authorities shall send a written notice enclosed with a list of trainees and their photos to the competent authority specified in Clause 2 Article 15 of this Decree to organize a test. Within 03 working days from the date on which the satisfactory application is received, the competent authority specified in Clause 2 Article 15 of this Decree shall establish a testing council to serve issuance of the certificate of use/management of weapons, military explosives and combat gears.

3. A testing council shall be established as follows:

a) The Director of the Police Department of Administrative Management of Social Order of the Ministry of Public Security shall issue a decision on establishment of a testing council including a president who is the leader of the Police Department of Administrative Management of Social Order; representative of the division in charge of providing guidelines for management of weapons, explosives, combat gears and artilleries; representatives of the applicants; members who are representatives of the training organization (if any);

b) Head of the Police Division of Administrative Management of Social Order of the province shall issue a decision on establishment of a testing council including a president who is the leader of the Police Division of Administrative Management of Social Order; representative of the team registering and managing weapons, explosives, combat gears and artilleries, business lines subject to security and order conditions; representatives of the applicants; members who are representatives of the training organization (if any);

4. Contents of the test

a) Theory test

The person provided with training in management and use of weapons, military explosives and combat gears shall take a 40 minute multiple-choice test which includes 30 questions about regulations of law on management and use of weapons, military explosives and combat gears. The maximum score is 30.

b) Practice test

The individuals provided with training in management and use of weapons and combat gears must have skills in disassembling, maintaining and using each type of weapon and combat gears. Test date depends on actual situation and the testing council shall directly assess the test result.

c) Live-fire test

The individuals provided with training in use of weapons and rubber bullet guns shall fire 03 real bullets in the firing range as prescribed. Scores must be given.

5. Assessment of test results

An individual passes the test if he/she gets at least 25 points for the theory test, passes the practice test and gets at least 15 points for the live-fire test.

What are regulations on issuance, replacement and reissuance of the certificate of use/management of weapons, military explosives and combat gears in Vietnam?

Pursuant to Article 18 of the Decree 79/2018/NĐ-CP stipulating issuance, replacement and reissuance of the certificate of use/management of weapons, military explosives and combat gears in Vietnam as follows:

1. Issuance of the certificate of use/management of weapons, military explosives and combat gears

a) Within 03 working days from the end of the test, the competent authority specified in Clause 2 Article 15 of this Decree shall issue the certificate of use/management of weapons, military explosives and combat gears to the individuals that have passed the test. For the ones that fail the test, it is required to send a notice of test result to the applicant.

b) The certificate of use/management of weapons, military explosives and combat gears shall be valid for 03 years.

2. Replacement and reissuance of the certificate of use/management of weapons, military explosives and combat gears

a) The certificate of use/management of weapons, military explosives and combat gears that is expired shall be replaced. Procedures for replacement are the same as those for issuance of the certificate of use/management of weapons, military explosives and combat gears.

b) The certificate of use/management of weapons, military explosives and combat gears that is damaged or lost shall be reissued. An application for reissuance includes: an application form specifying reasons, list of individuals and their photos prescribed in Point c Clause 1 Article 16 of this Decree. 01 set of application shall be submitted to the authority that issued such certificate.

Within 05 working days from the date on which the satisfactory application is received, the issuing authority shall inspect, consider and reissue the certificate of use/management of weapons, military explosives and combat gears. In case of rejection of the application, a written explanation shall be provided. The expiry of the reissued certificate is the same as that of the old certificate;

c) In case of applying for replacement or reissuance of the damaged or expired certificate of use/management of weapons, military explosives and combat gears, the applicant shall return the old certificate.

What are responsibilities of the Ministry of Public Security regarding inspection of management and use of weapons, military explosives and combat gears in Vietnam?

Pursuant to Article 19 of the Decree 79/2018/NĐ-CP stipulating responsibilities of the Ministry of Public Security regarding inspection of management and use of weapons, military explosives and combat gears in Vietnam as follows:

1. Assist the Government in performing uniform management of weapons, military explosives and combat gears for the purposes of national security assurance, social order and security assurance, prevention and fight against crimes.

2. Perform state management of weapons, military explosives and combat gears in accordance with regulations of the Law on Management and Use of Weapons, Explosives and Combat Gears and other relevant regulations of law. To be specific:

a) Request the Government to promulgate and amend or within its power, promulgate legislative documents on management and use of weapons, military explosives and combat gears as prescribed by the Law on Management and Use of Weapons, Explosives and Combat Gears;

b) Disseminate legislative documents on management and use of weapons, military explosives and combat gears; encourage recall of weapons, military explosives and combat gears;

c) Promulgate technical standards and regulations on warehouses and storage places within its power;

d) Promulgate forms which serve the registration, management and inspection of management and use of weapons, military explosives and combat gears under its management;

dd) Organize registration, issuance, replacement, reissuance and revocation of the licenses for and certificates of management and use of weapons, military explosives and combat gears within its power’

e) Prevent and fight against violations of laws on weapons, military explosives and combat gears;

g) Prescribe the equipment, management and use of weapons, military explosives and combat gears used by People’s Public Security Forces; cooperate with the Ministry of National Defense and relevant ministries in prescribing the equipment, management, use, repair, transport, classification, liquidation and destruction of weapons, military explosives and combat gears used by other entities under the management of the Ministry of Public Security;

h) Organize recall, classification, maintenance, conversion, liquidation and destruction of weapons and combat gears returned by the organizations/enterprises under the management of the Ministry of Public Security;

i) Develop training contents and programs; provide training in management and use of weapons, military explosives and combat gears and issue the certificate of use/management of weapons, military explosives and combat gears to the entities under the management of the Ministry of Public Security;

k) Inspect management and use of weapons, military explosives and combat gears by the entities under the management of the Ministry of Public Security;

l) Organize research into and application of technology to and enlist international cooperation in management and use of weapons, military explosives and combat gears used by People’s Public Security Forces;

m) Consolidate results of management and use of weapons, military explosives and combat gears within its power;

n) Carry out inspection and settle complaints and denunciations; give rewards and take actions against violations of law on management and use of weapons, military explosives and combat gears.

Best regards!