Proposal: Highly lethal knives can be considered as cold weapons in Vietnam

Proposal: Highly lethal knives can be considered as cold weapons in Vietnam (Internet image)

Regarding this matter, LawNet would like to answer as follows: 

1. Proposal: Highly lethal knives can be considered as cold weapons in Vietnam

Based on Clause 11, Article 3 of the Draft Law on the Management and Use of Weapons, Explosive Materials and support instruments, the explanation is as follows:

Highly lethal knives include sharp knives, pointed knives, and sharp-pointed knives, with a blade length of 20 cm or more, or knives with a blade length of less than 20 cm but modified or assembled to have similar functions and effects as highly lethal knives.

Additionally, Clause 3, Article 3 of the Draft Law stipulates that cold weapons have simple construction and operational principles and are manufactured, produced manually or industrially, including:

+ Swords, spears, lances, pikes, bayonets, sabres, machetes, batons, punches, maces, bows, crossbows, shuriken, and highly lethal knives. The Minister of Public Security shall issue the list of cold weapons.

+ Tools and devices produced manually or industrially that can cause similar injuries as cold weapons specified at Point a, Clause 3, Article 3 of the Draft Law;

Comparing this to the Law on the Management and Use of Weapons, Explosive Materials and support instruments 2017 (amended 2019), the current law only specifies daggers as being cold weapons.

2. Will act of using highly lethal knives result in administrative sanctions in Vietnam?

As previously mentioned, if knives are classified as cold weapons according to the Draft Law on the Management and Use of Weapons, Explosive Materials and support instruments, then based on Clause 3, Article 11 of Decree 144/2021/ND-CP a fine ranging from VND 10,000,000 to VND 20,000,000 for any of the following acts:

+ Illegal manufacturing, equipping, storing, transporting, repairing, using cold weapons, support instruments; parts, components of weapons, support instruments or explosive accessories;

+ Seizing cold weapons, support instruments; parts, components of weapons, support instruments or explosive accessories;

+ Illegal manufacturing, storing, transporting, using weapons with similar characteristics and effects as hunting rifles, cold weapons, sports weapons, or parts and components to produce, manufacture weapons, support instruments with similar features and functions;

+ Illegal manufacturing, equipping, storing, transporting, repairing, using, seizing hunting rifles or parts and components of hunting rifles;

+ Illegally digging, searching, collecting weapons, explosive materials, support instruments, weapon scraps, explosive materials scraps, support instruments scraps;

+ Illegally transporting, storing fireworks, firecracker powder, or materials and accessories to produce fireworks;

+ Losing military weapons, sports weapons;

+ Illegally cutting, drilling, or performing other operations to disassemble bombs, mines, bullets, grenades, explosive items, torpedoes, sea mines, and other weapons;

+ Illegally instructing, training, organizing training on the methods to manufacture, produce, repair, or use weapons, support instruments, and fireworks.

- Additional penalty measures include confiscating the materials, means of administrative violations for acts specified at 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 of Clause 4, and Clause 5, Article 11 of Decree 144/2021/ND-CP.

Additionally, according to Clause 2, Article 4 of Decree 144/2021/ND-CP, the above penalty applies to individuals, with organizations receiving a fine twice the amount.

3. Will act of using highly lethal knives result in criminal prosecution in Vietnam?

According to Article 307 of the Criminal Code 2015 (amended and supplemented in 2017), there are provisions for the crime of violating regulations on the management of weapons, explosive materials, and support instruments.

- Anyone who violates regulations on managing the production, repair, equipment, use, preservation, storage, transportation, purchase, or disposal of military weapons, hunting rifles, sports weapons, explosive materials, support instruments causing damage to others in any of the following cases shall be sentenced to imprisonment from 01 year to 05 years:

+ Causing death;

+ Causing injury or harm to the health of 01 person with a bodily injury rate of 61% or more;

+ Causing injury or harm to the health of 02 or more persons with a total bodily injury rate ranging from 61% to 121%;

+ Causing property damage from VND 100,000,000 to less than VND 500,000,000.

- Committing the crime in any of the following cases shall be sentenced from 03 years to 10 years:

+ Causing the death of 02 persons;

+ Causing injury or harm to the health of 02 or more persons with a total bodily injury rate of 122% to 200%;

+ Causing property damage from VND 500,000,000 to less than VND 1,500,000,000.

The highest penalty for the crime of violating regulations on the management of weapons, explosive materials, and support instruments can reach up to 15 years of imprisonment.

More details can be found in Article 307 of the Criminal Code 2015 (amended and supplemented in 2017)

Nguyen Minh Khoi

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