Principles of use of military weapons under the law in Vietnam

Principles of use of military weapons under the law in Vietnam (Internet image)

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

1. What types of military weapons?

According to Clause 2, Article 3 of the Law on management and use of weapons, explosives and combat gears 2017 (amended 2019), military weapons in Vietnam include:

(1) 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;

(2) 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 Law on management and use of weapons, explosives and combat gears 2017 (amended 2019) to perform tasks.

2. Principles of use of military weapons under the law in Vietnam

Specifically, in Article 22 of the Law on management and use of weapons, explosives and combat gears 2017 (amended 2019), the principles of use of military weapons in Vietnam are as follows:

(i) The use of military weapons for carrying out military mission, national defense and national protection shall comply with regulations of law on national defense.

(ii) The use of military weapons for ensuring security and social order and safety shall comply with the following principles:

- The use of military weapons shall be decided according to circumstances, properties and threat posed by the suspect;

- Military weapons shall only be used if there is no measure to suppress the suspect and the suspect ignores the warning.

Military weapon will be used immediately if the untimely use of these military weapons jeopardizes lives and health of law enforcement officers or other people or causes extremely serious consequences.

- Military weapon shall not be used in case the suspect is a woman, disabled person, child or old person unless the suspect uses weapons and/or explosives for attacking, resisting or threatening lives and health of law enforcement officers or other people;

- In all cases, the users of military weapons shall limit the damage caused by these weapons.

(iii) The use of military weapons for carrying out independent missions shall comply with regulations of (ii) and Article 23 of the Law on management and use of weapons, explosives and combat gears 2017 (amended 2019) and other relevant regulations of law.

The use of military weapons for carrying out organized missions shall comply with the competent people's orders.

The people issuing orders shall comply with regulations in (ii) and Article 23 of the Law on management and use of weapons, explosives and combat gears 2017 (amended 2019) and other relevant regulations of law and take responsibility for their decisions.

(iv) People assigned to use military weapons shall not take responsibility for damage if they comply with regulations in (iii).

If a person uses military weapons beyond the justified force in self-defense, causes obvious damage beyond the urgent circumstances or abuses the use of military weapons for violating human lives and health, legal rights and interests of an organization or individual, he/she shall be dealt with in accordance with regulations of law.

Thanh Rin

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE