What are the cases in which gunfire is allowed to ensure the security and order in Vietnam?

Nguyễn Như Mai

17:05, 04/03/2023

What are the cases in which gunfire is allowed to ensure the security and order in Vietnam? What are the prohibited acts regarding Vietnam Coast Guard? - Cam Van (Quang Ngai, Vietnam)

What are the 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. 05 cases in which gunfire is allowed to ensure the security and order in Vietnam

According to Article 14 of the Law on Vietnam Coast Guard 2018, While on duty, officers and soldiers of the Vietnam Coast Guard shall be entitled to use military weapons, explosive materials and other accessories, and may fire military guns, under the provisions of the Law on management and use of weapons, explosives and combat gears.

Article 23 of the Law on management and use of weapons, explosives and combat gears 2017 stipulates cases of military shooting when performing the task of ensuring security and order, specifically:

- 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;

- Apart from cases of firing military guns as per the Law on management and use of weapons, explosives and combat gears 2017, when performing the task of fighting against crimes and law violations, and maintaining security, order and safety, officers and soldiers of the Vietnam Coast Guard shall be allowed to open fire on ships and boats at sea, except for vessels, boats or ships of foreign diplomatic missions, consulates and representative missions of international organizations, vessels carrying passengers or holding hostage, in order to stop vessels, boats or ships:

+ If operators of these vessels, ships or boats attack or directly threaten lives of law enforcers or other persons;

+ If it is determined that the ship or vessel operated by the offender is trying to run away;

+ If it is determined that the ship or vessel carrying offenders or illegally transporting weapons, explosives, reactionary documents, state secrets, drugs or national treasure is attempting to run away;

+ If a person committing the act of piracy or armed robbery under the provisions of international treaties to which the Socialist Republic of Vietnam is a contracting party or criminal legislation tries to run away aboard the ship or vessel.

Note: In case of firing under clause 2 of Article 14 of the Law on Vietnam Coast Guard 2018, officers and soldiers of the Vietnam Coast Guard must warn by actions, orders, speech or shoot into the air before opening fire on boats or vessels; must obey the orders of competent persons when performing organized tasks.

2. Prohibited acts regarding Vietnam Coast Guard

Article 7 of the Law on Vietnam Coast Guard 2018 stipulates prohibited acts include:

- Opposing and hindering the activities of the Vietnam Coast Guard; taking revenge on, threatening, invading life, health, honor and dignity of officers and soldiers of the Vietnam Coast Guard while on duty or for reasons pertaining to performing its duties.

- Squaring, bribing or coercing officers and soldiers of the Vietnam Coast Guard to abuse their functions, tasks and powers.

- Impersonating officers and soldiers of the Vietnam Coast Guard; using counterfeit vessels and other water transport equipment under the ownership of the Vietnam Coast Guard; faking, trading and illegally using uniforms, seals and documents as property of the Vietnam Coast Guard.

- Misusing and abusing official titles, powers and positions of officers and soldiers of the Vietnam Coast Guard so as to violate laws; invading legitimate rights and benefits of entities and persons.

- Officers and soldiers of the Vietnam Coast Guard harass and make trouble for legally licensed entities and persons.

- Committing other acts of violation against provisions enshrined in the Law on Vietnam Coast Guard 2018.

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Vietnam Coast Guard

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