Procedures for issuance of licenses to use military weapons in Vietnam

Procedures for issuance of licenses to use military weapons in Vietnam (Internet image)

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

1. What are the types of military weapons in Vietnam?

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 in the Law on management and use of weapons, explosives and combat gears 2017 to perform certain tasks, including:

(1) 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 (1);

(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 (1) and not provided for people’s armed forces and other forces specified in Article 18 of the Law on management and use of weapons, explosives and combat gears 2017 to perform tasks.

(Clause 2, Article 3 of the Law on management and use of weapons, explosives and combat gears 2017, as amended in 2019)

2. Procedures for issuance of licenses to use military weapons in Vietnam

According to Article 21 of the Law on management and use of weapons, explosives and combat gears 2017, the procedures for issuance of licenses to use military weapons in Vietnam are as follows:

(1) Procedures for issuance of licenses to use military weapons to persons that are not under the management of the Ministry of National Defense shall be specified as follows:

- An application for the license to use military weapons shall consist of

+ An application form specifying the quantity, types, producing country, trademark, number and symbol of each type of military weapon;

+ A copy of license to be equipped with military weapons;

+ A copy of the invoice or stock issued docket;

+ A copy of decision on establishment of the applicant;

+ A letter of introduction enclosed with a copy of ID card, passport or police ID card of the person submitting the application;

- An application for replacement or reissuance the license to use military weapons shall consist of

+ An application form specifying the quantity, types, producing country, trademark, number and symbol of each type of military weapon;

+ A letter of introduction enclosed with a copy of ID card, passport or police ID card of the person submitting the application.

If the license to use military weapons is lost or damaged, the application shall consist of a written explanation for this loss or damage and handling results;

- An application containing the documents prescribed in Points a or b of Clause 1 of Article 21 of the Law on management and use of weapons, explosives and combat gears 2017 shall be submitted to the police authority assigned by the Minister of Public Security

- Within 10 working days from the day on which the adequate application is received, the police authority shall conduct a site inspection and issue the license to use military weapons or send a written explanation to the applicant in case of refusal to issue the license.

- A license to use military weapons shall only be issued to equipped authorities and unit and be valid within 05 year. A license to use military weapons shall be replaced in case of expiry and reissued in case of loss or damage.

(2) Procedures for issuance of licenses to use military weapons to personnel of the Vietnam People’s Army, Vietnam Civil Defense Force, Vietnam Coast Guard and cipher force under the management of the Ministry of National Defense shall comply with regulations issued by the Minister of National Defense.

3. 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, principles of use of military weapons include:

- 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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