Vietnam: Are police officers free to use air guns?

1. What is an air gun? How are Vietnam’s regulations on air gun?

Air gun (including two types of pistols or shotguns) is a gun that shoots bullets using air or compressed air, unlike guns that use thrust created by propellant (fire weapon - hot weapon). Currently, many people often use this gun to hunt wild animals or wild animals in the wild.

According to Article 3 of the Law on management and use of weapons, explosives and combat gears 2017 of Vietnam, air gun is a type of weapon. Specifically, according to Clause 1 Article 3 of this Law: “"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”.

According to Clause 3 Article 3 of this Law: “"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”.

Thus, air gun is a type of weapon and according to Clauses 1, 2 Article 5 of this Law, it is illegal for individuals to buy, sell, own, or manufacture, etc. air guns, even if they are only for hunting purposes, except for individuals who own rudimentary weapons that are artifacts for display, exhibition, or family heirlooms.

2. Are police officers free to use air guns?

According to Vietnam’s current regulations, a person assigned to use a weapon (in practice, sports competition; army, militia, self-defense, etc.) shall use weapons, explosives and combat gears for proper purposes and in accordance with regulations of law; bring his/her certificate or license when carrying weapons and combat gears; protect weapons, explosives and combat gears from damage and loss in conformity with regulations and procedures; return weapons, explosives, combat gears and his/her license to the person in charge of managing and maintaining them in accordance with regulations of law when his/her mission is completed or the time limit for his/her mission has expired. (Clause 2 Article 7 of the Law on management and use of weapons, explosives and combat gears 2017 of Vietnam)

Police officers are not allowed to freely use air guns but are only allowed to use them when assigned and must use them for the right purposes and in accordance with the provisions of the law.

When individuals use air guns in general, police officers are not authorized to use them, or use them against the law in particular, depending on the seriousness of the violation, they will be administratively sanctioned or examined for criminal liability as follows:

- A fine of between VND 2,000,000 and 4,000,000 shall be imposed for using types of weapons, explosive materials, supporting tools without permit; using types of weapons, explosive materials, supporting tools in contradiction with regulation but resulted in no consequence; destroying and intentionally damaging, giving, donating, sending, borrowing, lending, renting, leasing, pledging, mortgaging weapons, explosive materials and supporting tools (Clause 3 Article 10 of Decree No. 167/2013/NĐ-CP  of Vietnam’s Government).

In addition, the violator also has an additional penalty applied which is the confiscation of evidence and means of related administrative violations.

- According to Article 306 of the Criminal Code 2015 amended in 2017 of Vietnam, any person who illegally manufactures, possesses, transports, uses, deals in or appropriates a hunting rifle, cold weapon, sporting weapon or a weapon with similar functions or a combat gear despite the fact that he/she has incurred an administrative penalty for any of the offenses specified in this Article or has an unspent conviction for the same offense shall face a penalty of 03 - 24 months' imprisonment.

This offense committed in any of the following circumstances carries a penalty of 01 - 05 years' imprisonment: the quantity of the illegal items is large; the offense results in the death of a person; etc. This offense committed in any of the following circumstances carries a penalty of 03 - 07 years' imprisonment: the quantity of the illegal items is very or extremely large; the offense results in the death of ≥ 02 people; the offense results in bodily harm to ≥ 02 people who suffer from a total physical disability of ≥ 122%; the offense results in property damage assessed at ≥ VND 500,000,000. The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000, put under mandatory supervision or prohibited from residence for 01 - 05 years.

According to Article 307 of the Criminal Code 2015 amended in 2017 of Vietnam, any person who violates regulations of law on management of the manufacture, repair, provision, use, preservation, storage, transport, trading or destruction of military weapons, hunting rifles, sporting weapons, explosive materials or combat gears and causes damage for another person in any of the following circumstances shall face a penalty of 01 - 05 years' imprisonment: the offense results in the death of a person; the offense causes ≥ 61% WPI for another person; etc. The maximum penalty range is up to 15 years in prison for other more serious cases.

Moreover, the offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 years.

Hoa Hong

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