Cases in which gunfire is allowed to ensure the security and order in Vietnam

Cases in which gunfire is allowed to ensure the security and order in Vietnam (Internet image) 

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

1. Cases in which gunfire is allowed to ensure the security and order in Vietnam

Cases of military shooting when performing tasks of ensuring security and order according to Article 23 of the Law on management and use of weapons, explosives and combat gears 2017 are as follows:

- A person carrying out an independent mission shall give warning in acts, verbal orders or warning shot before shooting at the suspect if:

+ The subject is using weapons, explosives, force or other tools for attacking, resisting or threatening lives and health of law enforcement officials or other people;

+ The suspect is using weapons, explosives, force or other tools for disturbing the public order and threatening the lives, health and property of other people;

+ The person who is being sought, arrested or detained in case of emergency or person who is temporarily detained, escorted, sentenced or imprisoned is resisting and threatening the lives and health of law enforcement officials or other people;

The suspect is rescuing people who are subject to coercive delivery or forced escort, imprisoned or detained due to serious crimes, committing very serious crimes, extremely serious crimes or dangerous recidivism;

+ It is clear that the suspect is committing a serious crime, very serious crime or extremely serious crime; and

+ A person carrying out an independent mission is allowed to shoot at a road vehicle or vehicle of inland waterway traffic, except for those of diplomatic missions, foreign consuls, representatives of international organizations, to stop this vehicle if the person driving this vehicle attacks or directly threatens the lives and health of law enforcement officials or other people;

Or it is clear that the vehicle driven by this person is deliberately run away unless there are people or hostages on this vehicle or it is clear that the vehicle carrying crimes, illegal weapons or explosives, reactionary documents, narcotics or national precious objects deliberately run away unless there are people or hostages on this vehicle.

- A person carrying out an independent mission is allowed to shoot at a suspect without warning if:

+ The suspect is using weapons and explosives for directly terrorizing, killing people, taking hostages or is directly using these weapons and explosives for resisting arrest as soon as completing his/her crime.

+ The suspect that produces, trades in, storages, transports or organizes the illegal use of narcotics directly uses weapons or explosives for resisting arrest;

+ The suspect is using weapons or explosives for directly attacking or threatening the safety of the VIP, important works of national security and important targets protected in accordance with regulations of law

+ The suspect is using weapons, explosives or force for directly threatening lives and health of law enforcement officials or other people;

+ The suspect is directly robbing law enforcement officials of their guns; and

+ A person carrying out an independent mission is allowed to shoot at animals directly threatening lives and health of law enforcement officials or other people;

2. Principles of use of military weapons in Vietnam

Principles of use of military weapons in Vietnam according to Article 22 of the Law on management and use of weapons, explosives and combat gears 2017 are as follows:

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

- 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.

- The use of military weapons for carrying out independent missions shall comply with regulations of Clause 2 of this Article and Article 23 of the Law on management and use of weapons, explosives and combat gears 2017 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 Clause 2 of this Article and Article 23 of the Law on management and use of weapons, explosives and combat gears 2017 and other relevant regulations of law and take responsibility for their decisions.

- People assigned to use military weapons shall not take responsibility for damage if they comply with regulations in Clause 3 of Article 22 of the Law on management and use of weapons, explosives and combat gears 2017.

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.

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