Principles of use of military weapons in Vietnam from January 1, 2025

Regulations on cases where law enforcement forces in Vietnam are allowed to use military weapons from 2025 (Internet image)

Law on Management, Use of Weapons, Explosives, and Supporting Tools 2024 was passed by the 15th National Assembly of the Socialist Republic of Vietnam, 7th session on June 29, 2024.

Regulations on the principles of use of military weapons in Vietnam

According to Article 22 Law on Management, Use of Weapons, Explosives, and Supporting Tools 2024, the principles of using military weapons in Vietnam are regulated as follows:

- When performing military, national defense duties, protecting the Fatherland, the use of military weapons is to be carried out according to legal regulations on national defense.

- When performing tasks related to ensuring security, order, and social safety, the use of military weapons must adhere to the following principles:

+ It must be based on the situation, nature, and the level of danger posed by the actions of the subject to decide on the use of military weapons;

+ military weapons can only be used when no other measures are available to prevent the actions of the subject and after issuing a warning that the subject does not comply;

+ The use of military weapons without timely intervention will directly threaten the life and health of law enforcement officers or others, or could cause other particularly serious consequences, then immediate use is allowed;

+ military weapons should not be used if it is known that the subject is a woman, a person with a disability, a child, an elderly person, or someone who is legally incapacitated, except in cases where these people use weapons, explosives to attack or resist, threaten the life and health of law enforcement officers or others;

+ In all cases, the user of military weapons must minimize the damage caused by the use of the weapons.

- When performing tasks independently, the use of military weapons must comply with the regulations in Clause 2 of this Article and Article 23 of the Law on Management, Use of Weapons, Explosives, and Supporting Tools 2024, and other relevant legal provisions.

When performing organized tasks, the use of military weapons must comply with the orders of the authorized person. The person giving the order must adhere to the regulations in Clause 2 of this Article and Article 23 of the Law on Management, Use of Weapons, Explosives, and Supporting Tools 2024, other relevant legal provisions, and be responsible for their decision.

- A person authorized to use military weapons is not responsible for damages when the use of military weapons has complied with the provisions in Clause 3 of Article 22 of the Law on Management, Use of Weapons, Explosives, and Supporting Tools 2024; in cases where the use of military weapons exceeds the limits of legitimate self-defense, causes apparent damage beyond the needs of the urgent situation, or abuses the use of military weapons to infringe on the life, health of humans, property, rights, and legitimate interests of agencies, organizations, individuals, they will be handled according to the provisions of the law.

Procedures for equiping military weapons in Vietnam

- The procedure for equipping military weapons for entities outside the management scope of the Ministry of Defense is as follows:

+ The application dossier includes: a written request specifying the name, address of the agency, unit that needs equipment, the business selling military weapons, the full name, personal identification number or passport number of the legal representative and the contact person, reasons, quantity, type, and brand of military weapons; the written approval of the leadership of the Ministry/sector regarding the equipment of military weapons;

+ The application specified in point a of this clause is submitted to the competent Police agency as prescribed by the Minister of Public Security;

+ Within 03 working days from the date of receipt of the complete application dossier, the competent Police agency shall issue a permit for equipping military weapons; in case of non-issuance, a written reply with a clear reason must be provided;

+ The permit for equipping military weapons is valid for 60 days.

- The procedure for equipping military weapons for entities under the management of the People's Army, self-defense militia, Coast Guard, and Cryptography within the management scope of the Ministry of Defense is implemented according to the regulations of the Minister of Defense.

(Article 20 of the Law on Management, Use of Weapons, Explosives, and Supporting Tools 2024)

More details can be found in the Law on Management, Use of Weapons, Explosives, and Supporting Tools 2024 which comes into force in Vietnam from January 01, 2025, except for the provisions of Article 17, Article 32, and Clause 1, Article 49 of the Law on Management, Use of Weapons, Explosives, and Supporting Tools 2024 which take effect in Vietnam from July 01, 2025.

Le Nguyen Anh Hao

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