Is it legal to manufacture and use shotguns in Vietnam?

Is it legal to manufacture and use shotguns in Vietnam?

Pursuant to Clause 1, Article 1 of the 2019 Law on Management and Use of Weapons, Explosives and Combat Gears, provides for military weapons as follows:

1. Amendments to Clauses of Article 3 as follows:

a) Amendments to Clause 2 as follows:

“2. Military weapons include:

a) Weapons that are manufactured or crafted satisfactory to technical standards and design of legal manufacturers and provided for people’s armed forces and other forces as specified herein to perform certain tasks, including:

Firearms: handguns, rifles, submachine guns, light machine guns, anti-tank guns, grenade launchers;

Light weapons: heavy machine guns, mortars, DKZ rifles, anti-aircraft machine guns, man-portable anti-tank rocket launchers;

Heavy weapons: fighter aircrafts, attack helicopters, tanks, armored vehicles, warships, submarines, artillery, anti-aircraft artillery, rockets;

Bombs, mines, grenades, torpedoes, naval mines; ammunition for weapons specified in this Point;

b) Weapons that are manufactured or crafted manually or industrially without satisfying technical standards and design of legal manufacturers capable of inflicting damage and harm to lives and health of humans, destroying matter structures similar to weapons specified in Point a of this Clause and not provided for people’s armed forces and other forces specified in Article 18 of this Law to perform tasks.”;

b) Amendments to Clause 6 as follows:

“6. Weapons sharing similar functions and mechanism to hunting rifles, cold weapons and sporting weapons refer to weapons that are manufactured or crafted manually or industrially without satisfying technical standards and design of legal manufacturers, capable of inflicting damage and harm to lives and health of humans and destroying matter structures similar to hunting rifles, cold weapons and sporting weapons.”.

Pursuant to Clause 6, Article 4 of the Law on Management and Use of Weapons, Explosives and Combat Gears in 2017, rinciples of management and use of weapons, explosives, explosives precursors and combat gears are as follows:

6. Research into, manufacture, trading, equipment, import, export, transport, repair and use of weapons, explosives, explosives precursors and combat gears shall obtain licenses and certificates issued by authorities.

Thus, the shotgun is not a legally generated or manufactured weapon. Also not equipped for use in official duty activities. According to the above regulations in Vietnam, shotguns are classified as military weapons according to the provisions of Point b, Clause 2, Article 3. Therefore, it is illegal for your friend to make and use this type of gun and the acts are illegal. This may be an administrative or criminal violation, depending on the nature and severity.

What are penalties for manufacturing and using shotguns in Vietnam?  

Administrative penalties:

Pursuant to Point a, Clause 5 and 7, Clause 8, Article 11 of Decree 144/2021/ND-CP stipulating violations against regulations on management and use of weapons, explosive materials, explosive precursors, combat gears, fireworks, firecrackers, and dangerous banned toys are prohibited as follows:

5. A fine ranging from 20.000.000 VND to 40.000.000 VND shall be imposed for any of the following violations:

a) Illegally manufacturing, providing, storing, transporting, repairing, using military or sporting weapons;

7. Additional penalties:

a) Confiscation of the exhibits and means of administrative violations for the violations specified in Points d and dd Clause 1, Points a, b, c, e and g Clause 2; Points a, c, d, dd, e, h, i and k Clause 3; Points a, b, c, d, dd, e, h and I Clause 4 and Clause 5 of this Article;

b) 3 – 6 months suspension of the license for use, certificate of registration of weapon or combat gear in case of violations specified in Point e Clause 2 of this Article;

c) 9 - 12 months suspension of the license, certificate of weapon, combat gear or fireworks in case of violations specified in Point a Clause 2, Points b and k Clause 3 of this Article.

8. Remedial measures:

a) Mandatory environmental recovery in case of violations specified in Point b Clause 3 of this Article;

b) Mandatory return of the illegal profits earned from commission of the administrative violations specified in Points b and c Clause 2; Points a, b, c, d, dd, e and k Clause 3; Points a, c, d, e and I Clause 4 and Point a Clause 5 of this Article;

c) Mandatory return of the license, certificate of weapon, combat gear or fireworks in case of violations specified in Point o Clause 2 of this Article;

Criminal penalties:

Pursuant to Article 306 of the 2015 Penal Code as amended by Clause 108, Article 1 of the 2017 Penal Code Amendment Law on illegal manufacture, possession, transport, use, trading or appropriation of hunting rifles, cold weapons, sporting weapons or combat gears as follows:

1. Any person who illegally manufactures, possesses, transports, uses, deals in or appropriates a hunting rifle, cold weapon, sporting weapon or a weapon with similar functions or a combat gear despite the fact that he/she has incurred an administrative penalty for any of the offences specified in this Article or has an unspent conviction for the same offence shall face a penalty of 03 - 24 months' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 01 - 05 years' imprisonment:

a) The offence is committed by an organized group;

b) The quantity of the illegal items is large;

c) Illegal goods are transported or traded across the border;

d) The offence results in the death of a person;

dd) The offence causes ≥ 61% WPI for another person;

e) The offence causes a total WPI of 61% - 121% for more than one person;

g) The property damage caused by the offence is assessed at from VND 100,000,000 to under VND 500,000,000;

h) Dangerous recidivism.

3. This offence committed in any of the following circumstances carries a penalty of 03 - 07 years' imprisonment:

a) The quantity of the illegal items is very or extremely large;

b) The offence results in the death of ≥ 02 people;

c) The offence results in bodily harm to ≥ 02 people who suffer from a total physical disability of ≥ 122%;

d) The offence results in property damage assessed at ≥ VND 500,000,000.

4. The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000, put under mandatory supervision or prohibited from residence for 01 - 05 years.

Best Regards!