What are regulations on other organizations and enterprises entitled to research, manufacture and repair weapons in Vietnam?

What are regulations on other organizations and enterprises entitled to research, manufacture and repair weapons in Vietnam?

Pursuant to Article 10 of the Decree 79/2018/NĐ-CP stipulating other organizations and enterprises entitled to research, manufacture and repair weapons in Vietnam as follows:

1. Other organizations/enterprises are entitled to research, manufacture and repair weapons according to the order placed by the Ministry of National Defense and Ministry of Public Security and shall:

a) be a Vietnamese organization/enterprise established as prescribed by law; and

b) satisfy the conditions specified in Clauses 2, 3, 4, 5, 6 and 7 Article 7 of this Decree.

2. The organization/enterprise that wishes to research, manufacture and repair weapons shall submit 01 application to the competent authority designated by the Minister of Public Security (regarding the order placed by the Ministry of Public Security) or the Minister of National Defense (regarding the order placed by the Ministry of National Defense). The application includes: an application form; a copy of the establishment decision or the enterprise registration certificate; documentary evidences for capacity and fulfillment of conditions for research into, manufacture and repair of weapons. 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 or passport that remains valid.

3. Within 05 working days from the date on which the application is received, the competent authority specified in Clause 2 of this Article shall consider and send a written response to the organization/enterprise and the organization in charge of inspecting and assessing the fulfillment of conditions for research into, manufacture and repair of weapons.

4. After the inspection and assessment, the competent authority specified in Clause 2 of this Article shall submit a written proposal specifying reasons, conditions, capacity and scope of the organization/enterprise involved in research into, manufacture and repair of weapons to the Minister of National Defense or the Minister of Public Security.

The Minister of National Defense or the Minister of Public Security shall consider and request the Prime Minister to decide to permit the organization/enterprise to research, manufacture and repair weapons. After obtaining the Prime Minister's opinions about granting permission, the competent authority specified in Clause 2 of this Article shall notify the organization/enterprise in writing. In case of rejection, the competent authority specified in Clause 2 of this Article shall provide written explanation.

What are responsibilities of the organization/enterprise entitled to research, manufacture, trade, import, export and repair weapons in Vietnam?

Pursuant to Article 11 of the Decree 79/2018/NĐ-CP stipulating responsibilities of the organization/enterprise entitled to research, manufacture, trade, import, export and repair weapons in Vietnam as follows:

1. Regularly maintain fulfillment of conditions for security, order, fire prevention and fighting, incident prevention and response, environmental protection and occupational safety and hygiene assurance during its research into, manufacture, trading, import, export and repair of weapons.

2. Only trade, import, export and repair the weapons according to the license issued by a competent authority.

3. Manufacture, trade, import and export weapons in accordance with technical standards and regulations, type, trademark, number, symbol, manufacturing country and year of manufacture.

Which entities are entitled to be provided with training in, issued, replaced and reissued the certificate of use/management of weapons, military explosives and combat gears in Vietnam?

Pursuant to Article 12 of the Decree 79/2018/NĐ-CP stipulating entities entitled to be provided with training in, issued, replaced and reissued the certificate of use/management of weapons, military explosives and combat gears in Vietnam as follows:

1. Persons assigned to use weapons and combat gears shall be provided with training and issued with the certificate of use of weapons and combat gears.

2. Managers of organizations and enterprises manufacturing, trading, importing, exporting and repairing weapons and persons assigned to manage warehouses and storage places shall be provided with training and issued with the certificate of management of weapons, military explosives and combat gears.

3. For the officers, non-commissioned officers and enlisted members of the People’s Public Security Forces who have been provided with training in management and use of weapons, military explosives and combat gears, it is not required to apply for issuance of the certificate of use/management of weapons, military explosives and combat gears.

4. For the officers and non-commissioned officers of the People’s Army, defense workers and defense public employees who have been provided with training in management and use of weapons, military explosives and combat gears, it is not required to apply for issuance of the certificate of use/management of weapons, military explosives and combat gears. For the officers and members of the militia and self-defense forces, provision of training and issuance of the certificate of use/management of weapons, military explosives and combat gears shall comply with regulations of the law on militia and self-defense forces.

5. Persons assigned to manage/use the neutralized weapons and combat gears used for exhibitions, displays or used as props in cultural and artistic activities do not have to be provided with training in management/use of weapons and combat gears.

6. For the persons recognized as coaches or athletes participating in the sport events where sporting weapons are used, they shall be exempted from joining the training course in use of sporting weapons.

7. The persons assigned to manage light machine guns, anti-tank rifles, grenade launchers, light weapons, heavy weapons or military explosives shall be provided with training by the People’s Army, militia and self-defense forces and People’s Public Security Forces.

Best regards!