Regulations on firearm use during security duties in Vietnam

Regulations on firearm use during security duties in Vietnam (Internet image)  

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

1. Regulations on firearm use during security duties in Vietnam

According to Article 21 of the Law on Security Guard 2017, security guards are only allowed to use firearms in the following cases, but must adhere to the principles of using military weapons as specified in the Law on management and use of weapons, explosives and combat gears 2017:

- To warn against individuals trespassing into the guarded area and the target;

- To shoot at individuals trespassing into the guarded area and the target, after issuing a stop command and firing warning shots but without effectiveness;

- To neutralize individuals directly attacking the security guard or the officers and soldiers performing their duties;

- Other cases of firearm use as regulated in the Law on management and use of weapons, explosives and combat gears 2017.

2. Duties of the Security Guard force in Vietnam

The duties of the Security Guard force according to Article 18 of the Law on Security Guard 2017 are as follows:

- The Security Guard force under the Ministry of Public Security has the following tasks:

+ Leading and coordinating with relevant agencies and units to ensure absolute safety for the guarded target in all situations;

+ Proactively collecting information, analyzing, evaluating, and forecasting the situation related to ensuring absolute safety for the guarded target;

+ Providing advice and proposing the issuance of documents by the Minister of Public Security to carry out security guard work; organizing coordination, contracting to implement protection plans;

+ Instructing relevant forces in carrying out security guard work;

+ Researching and applying scientific and technological advancements to security guard work;

+ Conducting international cooperation in security guard work.

- The Security Guard force under the Ministry of National Defense has the following tasks:

+ Ensuring absolute safety for the guarded target undertaken by the military in all situations;

+ Proactively collecting information, analyzing, evaluating, and forecasting the situation related to ensuring absolute safety for the guarded target;

+ Providing advice and proposing to the Minister of National Defense regarding security guard work in the military; leading, coordinating, and contracting with relevant units to implement plans to ensure absolute safety for the guarded target when visiting or working in areas managed by the military;

+ Cooperating with the Security Guard force under the Ministry of Public Security and other relevant forces to ensure absolute safety for the guarded target undertaken by the military.

3. Prohibited acts in security guard work in Vietnam

Prohibited acts in security guard work, according to Article 9 of the Law on Security Guard 2017 include:

- Using weapons, explosives, inflammable substances, biological toxins, chemical toxins, radioactive substances, support tools, or other elements that endanger, threaten, or harm the safety of the guarded target.

- Opposing or obstructing the activities of the Security Guard force and the participation and coordination of agencies, organizations, and individuals in carrying out security guard work.

- Causing insecurity, disorder; gathering crowds unlawfully in the guarded area, the target.

- Disclosing classified information related to the guarded target and security guard work.

- Counterfeiting, misappropriating, buying, selling, illegally using, destroying, distorting documents, materials related to security guard work.

- Exploiting, abusing the duties and powers of the Security Guard force or exploiting participation and coordination in security guard work to infringe upon the interests of the State, and the legitimate rights and interests of organizations and individuals.

- Discriminating based on gender in security guard work.

- Behaviors that have a negative impact on the reputation, honor, and dignity of the guarded target; of the security guard officers and soldiers when performing their duties; of the agencies, organizations, and individuals when participating and coordinating in security guard work.

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