Cases that Vietnam Border Guard is allowed to gunfire

Recently, the National Assembly of Vietnam has officially approved the Law on Vietnam Border Guard 2020 replacing the Ordinance on Border Guard 1997.

Bộ đội biên phòng, nổ súng, Luật biên phòng Việt Nam 2020

According to Article 17 of the Law on Vietnam Border Guard 2020, Border Guards are allowed to use weapons, explosives and combat gears in the following cases:

1. When performing duties, Border Guard officials and soldiers are allowed to use weapons, explosives and supporting tools in accordance with the Law on management and use of weapons, explosives and combat gears of Vietnam.

2. Moreover, officials and soldiers of the Border Guard are allowed to fire military weapons at ships at sea and border rivers, except for those of diplomatic missions, foreign consuls, representatives of international organizations, to stop this vehicle, in one of the following cases:

- The person driving this vehicle attacks or directly threatens the lives and health of law enforcement officials;

- It is clear that the vehicle carrying crimes, illegal weapons or explosives, reactionary documents, narcotics or national precious objects deliberately run away;

- When the vehicle is involved in an act of piracy or armed robbery according to the provisions of international treaties to which Vietnam is a contracting party, and the provisions of the criminal law, deliberately flee.

Note: In case of gunfire specified in Clause 2 of this Article, Border Guard officials and soldiers must warn by actions, orders, words or shoot in the air before gunfire on ships; must obey the orders of a competent person when performing an organized task.

Thus, the Border Guard is allowed to gunfire in two cases: One is when performing missions on land (must comply with the provisions of the Law on management and use of weapons, explosives and combat gears of Vietnam) and when performing tasks at sea (must comply with the conditions in Clause 2 and 3 Article 17 of the Law on Vietnam Border Guard 2020).

View more details at the Law on Vietnam Border Guard 2020, effective from January 01, 2022.

Phuong Thanh

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