According to current regulations in Vietnam, the illegal research, manufacture and use of weapons and explosives is one of the prohibited acts. Violators can be fined up to 50 million, can even be criminally prosecuted to life in prison.
Article table of contents
Self-made weapons and firecrackers can result in life imprisonment in Vietnam (Source: Internet)
1. What are weapons and explosives?
1.1. Weapons
Weapons are specified in Clauses 1 to 6, Article 3 of the Law on management and use of weapons, explosives and combat gears 2017 (amended 2019) as follows:
"Weapon” is a piece or a combination of equipment that is meant to inflict damage or harm to human lives and health and destroy structures, including military weapons, hunting rifles, cold weapons, sporting weapons and other types of weapons with similar properties and effects.
Military Weapons
Weapons that are manufactured in conformity with technical standards and designs of legal producers and provided for the people's armed forces and other forces prescribed by this Law for conduction of their missions, including:
- Firearms including handguns, rifles, submachine guns (SMG), light machine guns (LMG), anti-tank rifles and grenade launchers;
- Light weapons including heavy machine guns (HMG), mortars, B-10 recoilless rifles, anti-aircraft guns and anti-tank missiles;
- Heavy weapons including fighter aircrafts, armed helicopters, tanks, armored fighting vehicles, warships, submarines, field artillery, anti-aircraft artillery, missiles;
- Bombs, mines, grenades, torpedoes, naval mines; ammunition used for the weapons
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
"Hunting guns” means guns that are manufactured in non-industrial and industrial manners and used for hunting, including firearms, air guns and ammunition used for these guns.
“Cold weapons” include: daggers, swords, spears, bayonets, knives, scimitars, cones, steel knuckles, maces, bows, crossbows, darts.
"Sporting weapons” include: Air rifles, rifles using exploding bullets, air handguns, handguns using exploding bullets, sporting guns using paintballs, skeet guns and ammunition used for these weapons;
1.2. Explosives
According to Clause 7, Article 3 of the Law on management and use of weapons, explosives and combat gears 2017 (amended 2019), “explosive” means a product causing quick and strong chemical reactions that spread heat, produce gases, generate light and cause explosions due to impacts of the initial stimulus.
Thus, according to the above regulations, firecrackers can also be considered explosives.
2. What are penalties for using self-made weapons and firecrackers in Vietnam?
2.1. Administrative penalties for self-made weapons and firecrackers in Vietnam
According to the regulations of Clauses 4 and 5 of Article 11 of Decree 144/2021/ND-CP, the crime of manufacturing weapons and explosives may result in a fine of between VND 10,000,000 and 20,000,000; the manufacture of military weapons and sports weapons shall be subject to a fine of between VND 20,000,000 and 40,000,000.
At the same time, violators may also be penalized with additional penalties such as: confiscation of the exhibits and means of administrative violations; deprivation of the right to use the use license; certificate of registration of weapons and supporting tools. and must apply remedial measures such as: mandatory environmental recovery; mandatory return of the illegal profits; mandatory return of the license, certificate of weapon, combat gear or fireworks.
In addition, the act of instructing the manufacture of firecrackers and weapons, then posting videos on social networks, shall be fined for 10,000,000 to 20,000,000 VND, according to the provisions of Point e, Clause 1, Article 101 of Decree 15/2020/ND-CP.
2.2. Using self-made weapons and firecrackers can be prosecuted for criminal liability.
The crime of manufacturing military weapons and explosives is specified in Articles 304 and 306 of the Criminal Code 2015 (amended 2017). Violators can be imprisoned for 1 year to 20 years depending on the aggravating circumstances. The highest penalty for this crime is life imprisonment if the offense falls into one of the following circumstances: killing 3 or more people, causing injury to more than 201% of these people, causing property damage to more than 1 person. The sentence for this crime is life imprisonment if the offense falls into one of the following circumstances: killing 3 or more people, causing injury to more than 201% of these people, causing property damage to more than 1 person, or 5 billion dong.
The crime of manufacturing hunting rifles, rudimentary weapons, sports weapons or combat gear specified in Article 306 of the Criminal Code 2015 (amended 2017) is punishable by imprisonment from 3 months to 7 years, depending on the circumstances. weight gain.
There are also a number of other additional penalties for the above violations, such as a fine of between 10 and 50 million dong, probation or a residence ban of 1 year to 5 years.
Quynh Anh
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