MINISTRY OF PUBLIC SECURITY | THE SOCIALIST REPUBLIC OF VIETNAM |
No. 16/2018/TT-BCA | Hanoi, May 15, 2018 |
CIRCULAR
ELABORATING SOME ARTICLES OF THE LAW ON MANAGEMENT AND USE OF WEAPONS, EXPLOSIVES AND COMBAT GEARS
Pursuant to the Law on Management and Use of Weapons, Explosives and Combat Gears dated June 20, 2017;
Pursuant to the Decree No. 106/2014/ND-CP dated November 17, 2014 defining functions, tasks, entitlements and organizational structure of the Ministry of Public Security;
At the request of the Police General Department;
The Minister of Public Security hereby promulgates a Circular to elaborate some articles of the Law on Management and Use of Weapons, Explosives and Combat Gears.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
1. This Circular elaborate some articles of the Law on Management and Use of Weapons, Explosives and Combat Gears, including power to decide on quantity and types of weapons and combat gears allowed to be carried into or out of the territory of the Socialist Republic of Vietnam; issuance of licenses for and certificates of weapons, explosives, explosives precursors and combat gears, notification of confirmation of declaration of cold weapons; list of sporting weapons/combat gears; research into, manufacture, maintenance and use of military explosives; military animal training, management and use; classification, maintenance, liquidation and destruction of weapons, military explosives and combat gears; establishment, management, update and use of database of weapons, explosives, explosives precursors and combat gears; inspection, preparation of statistic and reports and responsibilities of police authorities.
2. This Circular does not regulate the equipment, management and use of weapons, explosives, explosives precursors and combat gears under the management of the Ministry of National Defense.
Article 2. Power to decide on quantity and types of weapons and combat gears allowed to be carried into or out of the territory of the Socialist Republic of Vietnam
1. The Director of the Police Department responsible for administrative management of social order shall decide on quantity and types of weapons and combat gears allowed to be carried into or out of the territory of the Socialist Republic of Vietnam to be used for sport training and competitions, exhibitions, displays, making offers, introduction of products or used as props in cultural and artistic activities.
2. The competent authority assigned by the Minister of Public Security to design a program or plan as prescribed in Point c Clause 1, Point c Clause 2 Article 12 of the Law on Management and Use of Weapons, Explosives and Combat Gears must submit an enquiry form to the Police Department responsible for administrative management of social order and relevant units of the Ministry of Public Security before requesting the Minister of Public Security to consider deciding on quantity and types of weapons and combat gears allowed to be carried into or out of the territory of the Socialist Republic of Vietnam according to the program or plan of the Ministry of Public Security.
Article 3. Issuance, replacement and reissuance of licenses for and certificates of weapons, explosives, explosives precursors and combat gears, notification of confirmation of declaration of cold weapons
1. The Director of the Police Department responsible for administrative management of social order has the right to issue, replace and reissue licenses for and certificates of weapons, explosives, explosives precursors and combat gears and notify confirmation of declaration of cold weapons to the organizations/enterprises affiliated to the central government ministries and the enterprises issued with the certificate of fulfillment of security and order conditions by the Police Department responsible for administrative management of social order , including:
a) License for equipment, use, purchase, carriage, transport, repair, import and export of weapons;
a) License for sale, equipment, use, purchase, carriage, transport, repair, import and export of weapons;
c) Combat gear registration certificate;
d) License for transport of military explosives;
dd) License for transport of industrial explosives and explosives precursors in the case of transport of industrial explosives and explosives precursors for the purposes of transit, import and export;
e) Notification of confirmation of declaration of cold weapons.
2. The head of the Police Division responsible for administrative management of social order affiliated to the police authority of the province or central-affiliated city (hereinafter referred to as “the Police Division responsible for administrative management of social order affiliated to the police authority of the province”) has the power to issue, replace and reissue licenses for and certificates of weapons, explosives, explosives precursors and combat gears and notify confirmation of declaration of cold weapons to local organizations/enterprises and enterprises issued with the certificate of fulfillment of security and order conditions by the Police Division responsible for administrative management of social order, including:
a) License for equipment, use, transport and repair of weapons;
b) License for equipment, use, transport and repair of combat gears;
c) License for transport of military explosives;
d) License for transport of industrial explosives and explosives precursors in the case of domestic manufacture, sale and use thereof. In case the license for transport of industrial explosives/explosives precursors is not issued, the head of Police Division responsible for administrative management of social order of the area where the warehouse is located shall provide confirmation in the certificate of registration of receipt of industrial explosives/explosives precursors;
dd) Combat gear registration certificate;
e) Notification of confirmation of declaration of cold weapons.
3. The head of the police authority of the commune has the power to give notification of confirmation of declaration of cold weapons to the collectives and individual using cold weapons for displays and exhibitions or heirlooms.
4. Authorities responsible for receiving applications for issuance, replacement or reissuance of licenses for and certificates of weapons, explosives, explosives precursors and combat gears, and notification of confirmation of declaration of cold weapons:
a) An organization/enterprise affiliated to central affiliated to the central government ministries and an enterprise issued with the certificate of fulfillment of security and order conditions by the Police Department responsible for administrative management of social order shall submit the application for issuance, replacement or reissuance of weapons, explosives, explosives precursors and combat gears, and notify confirmation of declaration of cold weapons to the Police Department responsible for administrative management of social order;
b) A local organization/enterprise and enterprise issued with the certificate of fulfillment of security and order conditions by the Police Division responsible for administrative management of social order shall submit the application for issuance, replace or reissuance of weapons, explosives, explosives precursors and combat gears, and notify confirmation of declaration of cold weapons to the Police Division responsible for administrative management of social order affiliated to the police authority of the province;
c) A collective/individual using cold weapons for displays and exhibitions or heirlooms shall submit the application for confirmation of cold weapons to the police authority of the commune where its headquarters are located or he/she resides.
Article 4. List of sporting weapons/combat gears
1. The Appendices containing the list of sporting weapons/combat gears are promulgated together with this Circular. To be specific:
a) Appendix 1: List of sporting weapons;
b) Appendix 2: List of combat gears.
2. According to regulatory requirements in each period, the Police Department responsible for administrative management of social order shall cooperate with relevant units in reviewing and requesting the Minister of Public Security to consider and decide on amendments to the list of sporting weapons/combat gears.
In the case of export of a sporting weapon/combat gear that is not included in the list prescribed in Clause 1 of this Article, it is required to notify the Minister of Public Security for consideration.
Chapter II
SPECIFIC PROVISIONS
Section 1: RESEARCH INTO, MANUFACTURE, MAINTENANCE AND USE OF MILITARY EXPLOSIVES
Article 5: Research into and manufacture of military explosives
1. The organization/enterprise affiliated to the Ministry of Public Security that is entitled to research into and manufacture military explosives shall satisfy the conditions prescribed in Clause 2 Article 35 of the Law on Management and Use of Weapons, Explosives and Combat Gears.
2. The research into and manufacture of military explosives shall comply with requirements for security, order, fire prevention and fighting, incident response and prevention and environmental protection. To be specific:
a) Regulations on entry and exit of an organization/enterprise and security and order assurance plans should be made. Equipment, items and commodities transported into and out of the organization/enterprise should be kept under control. Security forces should be set up.
b) Regulations, sufficient equipment, forces in charge of inspecting fire safety and internal fire fighting plans should be in place. It is required to carry out fire drills and adopt fire safety measures as prescribed;
c) Measures for reducing, collecting and treating materials and wastes, and tackling environmental pollution on site should be adopted. It is prohibited to leak or spread toxic to the environment. Provision of sources and equipment for prevention and response to environmental emergencies should be ensured.
3. The place for manufacture of military explosives shall be conformable to conditions for security, order, fire prevention and fighting and environmental protection. It is required to set a safe distance from residential areas, cultural, social and historic constructions, security areas and prohibited areas.
4. There must be sufficient equipment and instrument suitable for testing and monitoring specifications and serving quality inspection during manufacturing process. A system for management and safe technique should be established. In particular, the commander shall provide directions and assign qualified and experienced persons to implement safe techniques in each department or position presenting high risks of fires and explosions.
5. The person assigned to manage an organization/enterprise should be provided with training in management of military explosives, safe techniques, fire prevention and fighting, rescue and incident prevention and response during manufacture of military explosives.
6. The person directly involved in manufacture of military explosives should be qualified to perform their assigned tasks and get trained in safe techniques, fire prevention and fighting, rescue, incident prevention and response, and occupational safety and hygiene.
7. Before use, the manufactured military explosives should be tested and assessed, and comply with applicable standards and regulations on quality and safe techniques.
8. Manufacturers of military explosives shall classify and label military explosives as prescribed by law.
Article 6. Maintenance and use of military explosives
1. Military explosives should be maintained in a warehouse that is built and designed according to technical standards and regulations. Military explosives shall be maintained in accordance with regulations of the Minister of Public Security on maintenance of goods in warehouses of the People’s Public Security forces.
2. Military explosives shall be used as follows:
a) Equipment, vehicles and instruments for use of military explosives should be in place;
b) Regulations on security, order, fire fighting and prevention and environmental protection shall be complied with;
c) Military explosives shall be only assigned to the person who satisfies all conditions for use thereof prescribed in Clause 1 Article 7 of Law on Management and Use of Weapons, Explosives and Combat Gears;
d) The use of military explosives shall be considered and decided by the head of the unit and recorded.
Article 7. Responsibilities of organizations/enterprises for research into, manufacture, maintenance and use of military explosives
1. Regularly maintain compliance with regulations prescribed in Articles 5 and 6 of this Circular throughout the research into, manufacture, maintenance and use of military explosives.
2. Retain documents relating to research into, manufacture, maintenance and use of military explosives in accordance with regulations on professional documents.
3. Submit biannual or annual reports on their research into, manufacture and maintenance of military explosives to the Police Department responsible for administrative management of social order, which will consolidate and submit them to the Ministry of Public Security.
Section 2: MILITARY ANIMAL TRAINING, MANAGEMENT AND USE
Article 8. Military animal training
1. A specialized unit affiliated to the Ministry of Public Security shall be assigned by the Minister of Public Security to train military animals.
2. The unit responsible for military animal training should have officials, facilities, equipment and vehicles to serve military animal training and introduce military animal training programs. To be specific:
a) The official assigned to train military animals must obtain a certificate of management, training and use of military animals prescribed by law;
b) Facilities, equipment and vehicles that serve military animal nursing and training shall satisfy the standards and norms approved by the Minister of Public Security;
c) Military animal training programs shall be designed in a manner that serves training purposes of each course.
The unit responsible for military animal training shall take charge and cooperate with relevant specialized units in designing military animal training programs.
3. After the training has been completed, the unit responsible for military animal training shall issue the certificate of military animal as prescribed.
Article 9. Management of military animals
1. The unit responsible for military animal training shall keep a record of military animals, including:
a) Genealogy;
b) Certificate of military animal;
c) Monitoring record of military animal training and use;
d) Decision on or license for equipment of military animals;
dd) Other relevant documents.
2. The organization/enterprise provided with military animals shall receive, manage and keep additional record of each military animal during military animal nursing, training and use.
3. When equipped with military animals, the organization/enterprise shall apply for the certificate of military animal registration. Military animals shall be only used after the competent authority issues the certificate of military animal registration.
Article 10. Use of military animals
Military animals shall be used for performing missions and providing protection, which aims to reduce and prevent the violators from resisting or running way, protect law enforcement officials and people performing protection missions in accordance with Article 61 of the Law on Management and Use of Weapons, Explosives and Combat Gears and perform the following tasks:
1. Provide assistance in patrol, target guarding, preservation of public order, protection of courts, enforcement of judgments, search for dead bodies and evidence, identification of living people, detection of narcotic substances and explosives.
2. Provide assistance in search and rescue and serve performance of other professional tasks.
Section 3: CLASSIFICATION, MAINTENANCE, LIQUIDATION AND DESTRUCTION OF WEAPONS, MILITARY EXPLOSIVES AND COMBAT GEARS RECALLED FROM ENTITIES ELIGIBLE FOR BEING EQUIPPED UNDER THE MANAGEMENT OF THE MINISTRY OF PUBLIC SECUIRTY
Article 11. Classification of weapons, military explosives and combat gears
1. Power to classify
a) Agencies responsible for equipment management and fulfillment that are affiliated to the Ministry of Public Security shall classify the weapons, military explosives and combat gears transferred by the Police Department responsible for administrative management of social order and affiliates of the Ministry of Public Security.
b) Agencies responsible for technical management and logistics that are affiliated to the police authority of the province shall classify the weapons, military explosives and combat gears transferred by the Police Division responsible for administrative management of social order affiliated to the police authority of the province and units under the management of the police authority of the province.
2. Handling of recalled and classified weapons, military explosives and combat gears:
a) Regarding the weapons, military explosives and combat gears that are usable, the agencies responsible for equipment management and fulfillment that are affiliated to the Ministry of Public Security shall request the Minister of Public Security to decide on the use thereof. Agencies responsible for technical management and logistics that are affiliated to the police authority of the province shall propose them to the director of the police authority of the province who will request Minister of Public Security to decide on the use thereof.
b) Regarding the weapons, military explosives and combat gears that are no longer usable, they shall be liquidated or destroyed as prescribed in Article 13 of this Circular.
Article 12. Maintenance of weapons, military explosives and combat gears
Weapons, military explosives and combat gears shall be maintained in accordance with Article 9 of Law on Management and Use of Weapons, Explosives and Combat Gears and the following regulations:
1. After being recalled, weapons, military explosives and combat gears shall be neatly arranged and separated from other types of weapons, military explosives and combat gears.
2. If stored in the same warehouse or storage place, weapons, combat gears and bullets used for weapons and combat gears shall be separated from each other. Military explosives and weapons, combat gears and bullets shall be stored in a separate warehouse or storage place.
Article 13. Maintenance of weapons, military explosives and combat gears
1. Power to decide on liquidation and destruction
a) The Minister of Public Security shall decide to liquidate and destroy military weapons, military explosives and sporting weapons;
b) The agencies responsible for equipment management and fulfillment that are affiliated to the Ministry of Public Security and director of the police authority of the province shall decide to liquidate and destroy cold weapons and combat gears under their management.
2. Procedures for liquidation and destruction of weapons, military explosives and combat gears are prescribed by the law on management and use of public property of people’s armed forces.
Article 14. Funding for classification, maintenance, liquidation and destruction of weapons, military explosives and combat gears
1. The funding for classification, maintenance, liquidation and destruction of weapons, military explosives and combat gears is covered by annual state budget of the Ministry of Public Security and is used for:
a) construction of warehouses and storage places of recalled, weapons, military explosives and combat gears; procurement of equipment and vehicles for classification, maintenance, liquidation and destruction of weapons, military explosives and combat gears;
b) operation and maintenance of regular operation of forces responsible for classification, maintenance, liquidation and destruction of weapons, military explosives and combat gears, and provision of professional training in military weapons.
2. The agencies responsible for equipment management and fulfillment that are affiliated to the Ministry of Public Security, and the police authority of the province shall make an annual estimate of funding for classification, maintenance, liquidation and destruction of weapons, military explosives and combat gears within their area and submit the estimate to the finance authority affiliated to the Ministry of Public Security for approval, which will submit it to the Minister of Public Security for consideration and decision.
Section 4: ESTABLISHMENT, MANAGEMENT, UPDATE AND USE OF DATABASE OF WEAPONS, EXPLOSIVES, EXPLOSIVES PRECURSORS AND COMBAT GEARS
Article 15. Establishment of database of weapons, explosives, explosives precursors and combat gears
1. The database of weapons, explosives, explosives precursors and combat gears (hereinafter referred to as “the database”) shall be established and managed by the Ministry of Public Security, uniformly connected to and synchronized with that of police authorities of provinces.
2. The database shall be established as follows:
a) Provide space for installation of machinery and information technology equipment;
b) Invest in database infrastructure, including server and workstation systems, data storage system, network equipment, backup, peripherals, system software and other supporting devices;
c) Design software to manage weapons, explosives, explosives precursors and combat gears;
d) Establish a separate data communication network system in service of the management system by using existing fiber optic network of the Ministry of Public Security; create wide area network (WAN) connections.
dd) Standardize and update data to the database;
e) Activate and adjust the database;
g) Ensure database security.
Article 16. Management of database
1. Establish a procedure for database management, update and use.
2. Manage database software;
3. Manage and store the database in a manner that ensures security of information and data on transmission line.
4. Grant privileges and manage account to access the database.
5. Provide professional training to officials responsible for database management, update and use.
6. Provide funding for database maintenance, upgrade and development.
7. Provide guidelines for, inspect and supervise the database management, update and use.
8. Submit consolidated reports on database management, update and use.
Article 17. Assurance of database security
1. Use encrypted channels and user authentication for: system administrator login, applications login, database manipulation.
2. Encrypt and secure transmission line and information within the database;
3. Adopt measures for ensuring the accuracy and security of data contained in the database.
4. Log the creation, change or deletion of information and data to serve system management and supervision.
5. Establish and maintain a backup system and back up data to ensure stable and continuous operation upon occurrence of any disasters, fires and other incidents.
Article 18. Management of database administrator account
Officials of the Police Department responsible for administrative management of social order shall be assigned to manage database administrator account and perform the following tasks:
1. Provide and revoke accounts and passwords used to access the database.
2. Grant database privileges to users and groups of users.
3. Search for and view database-related actions.
Article 19. Database update and search
1. Database update means the update of information to the documents about licenses for and certificates of weapons, explosives, explosives precursors and combat gears that have been included in the database. To be specific:
a) Before transferring data, the official in charge shall check and compile a list of custom fields in the data transfer section of the database and submit it to a competent leader for approval;
b) Submit the updates to a competent leader for approval;
c) Update data to the software system.
2. Updating data on licenses for and certificates of weapons, explosives, explosives precursors and combat gears
a) The official assigned to receive documents shall consider and compare documents with regulations of the law on weapons, explosives and combat gears. After receiving all documents, it is required to keep a record, print receipts and submit documents to a competent leader so that an official in charge of processing documents is assigned;
b) The assigned official shall inspect and process documents as prescribed and enter data to the database;
c) After entering data to the database, request the competent leader to grant approval through the software system;
d) After approval is granted, the assigned official shall print and submit the approved data for signature and return licenses and certificates;
dd) After returning licenses and certificates, the official shall update information concerning the return thereof to the database.
3. Updating data on receipt, collection, classification, maintenance, liquidation and destruction of weapons, military explosives and combat gears
a) The official assigned to recall the equipped weapons, explosives and combat gears and revoke licenses shall receive and compare documents with regulations of the law on weapons, explosives and combat gears; classify and update information, print a transfer record and submit it to the competent leader for approval and signature;
b) The weapons, military explosives and combat gears that are returned by organizations and individuals at the Police Division responsible for administrative management of social order affiliated to the police authority of the province shall be collected as prescribed in Point a of this Clause;
c) Regarding the collection of weapons, military explosives and combat gears that are returned by organizations and individuals at other authorities and units, the receiving unit shall prepare and submit a report thereof enclosed with a record to the Police Division responsible for administrative management of social order affiliated to the police authority of the province so that the database is updated.
4. Information search
a) The Police Department responsible for administrative management of social order may search information concerning weapons, explosives, explosives precursors and combat gears nationwide;
a) The Police Divisions responsible for administrative management of social order affiliated to police authorities of provinces may search information concerning weapons, explosives, explosives precursors and combat gears under their management. In case of searching any information that is not under their management, it is required to submit a written request for search to the Police Department responsible for administrative management of social order;
c) The agencies responsible for equipment management and fulfillment affiliated to the Ministry of Public Security are entitled to search information concerning weapons, military explosives and combat gears used by the People’s Public Security forces;
d) Any organization/enterprise that wishes to search information shall submit an application form to the Police Department responsible for administrative management and social order or the head of the Police Division responsible for administrative management and social order affiliated to the police authority of the province for approval. Within 03 working days, the official assigned to give search results shall respond to the applicant.
Article 20. Database backup and recovery
1. The database shall be backed up, stored and managed at the Police Department responsible for administrative management of social order.
2. The database will be recovered in the case of data destruction, cyber attack, unauthorized login or breakdown that damages operational data.
Article 21. Database maintenance, upgrade and development
1. The Police Department responsible for administrative management of social order shall maintain the database as follows:
a) Provide technical infrastructure and environment for installation and operation of the database;
b) Adopt database security assurance measures;
c) Carry out regular maintenance and repair to ensure continuous operation of the database;
d) Establish and maintain a backup system and back up data to ensure stable and continuous operation upon occurrence of any disasters, fires and other incidents;
dd) Carry out supervision to warn of threats to database security.
2. The Police Department responsible for administrative management of social order shall review and propose plans for database expansion, maintenance, upgrade and development relevant to current situation.
Chapter III
RESPONSIBILITIES FOR MANAGEMENT OF WEAPONS, EXPLOSIVES AND COMBAT GEARS AND REGULATIONS ON INSPECTION, PREPARATION OF STATISTICS AND REPORTS
Article 22. Responsibilities of affiliates of the Ministry of Public Security
1. The Police Department responsible for administrative management of social order shall:
a) Direct and organize implementation of legislative documents about management and use of weapons, explosives and combat gears; promulgate a professional procedure for database management, update and use; direct database establishment, management, update and use;
b) Cooperate with relevant units in disseminating legislative documents about management and use of weapons, explosives and combat gears; direct provision of training in management and use of weapons, explosives and combat gears; direct provision of training for officials directly involved in database update and use;
c) Cooperate with relevant units in preventing and fighting against violations of the law on management and use of weapons, explosives and combat gears;
d) Carry out inspections, settle complaints and denunciations and impose penalties for violations against the law on management and use of weapons, explosives and combat gears within its power;
dd) Cooperate in managing research centers, manufacturers, repairers, traders, importers and exporters of weapons, military explosives and combat gears;
e) Take charge and cooperate with relevant units in submitting plans for database expansion, maintenance, upgrade and development to the Minister of Public Security for decision. Make an annual estimate of funding for database expansion, maintenance, upgrade and development and submit it to the Minister of Public Security for decision;
g) Research into and apply technology to management and use of weapons, explosives and combat gears;
h) Submit consolidated reports on management and use of weapons, explosives and combat gears, and database management, update and use as prescribed;
i) Engage in international cooperation in management of weapons, explosives and combat gears.
2. The agencies responsible for equipment management and fulfillment affiliated to the Ministry of Public Security shall:
a) Establish standards and norms for the equipment of weapons, military explosives and combat gears that are applied to and compile a list of weapons, military explosives and combat gears to be provided to People’s Public Security forces;
b) Provide weapons, military explosives and combat gears to People’s Public Security forces as prescribed;
c) Purchase, import and export weapons, military explosives and combat gears to be used by People’s Public Security forces within their power;
d) Research into, manufacture and import of weapons and combat gears and provide them to People’s Public Security forces;
dd) Cooperate in inspecting and providing training in management and use of weapons, military explosives and combat gears used by the People’s Public Security forces;
Article 23. Responsibilities of police authorities of provinces
1. Consult with People’s Committees at the same level about promulgating and organizing implementation of guiding documents about management and use of weapons, explosives and combat gears within their power.
2. Disseminate legislative documents about management and use of weapons, explosives and combat gears.
3. Organize database update and use within their power.
4. Direct provision of training in management and use of weapons, explosives and combat gears within their power.
5. Carry out inspections, settle complaints and denunciations and impose penalties for violations against the law on management and use of weapons, explosives and combat gears within their power.
6. Submit consolidated reports on management and use of weapons, explosives and combat gears, and database management, update and use as prescribed.
Article 24. Inspection of management and use of weapons, military explosives and combat gears
1. Periodic inspections
a) Power to carry out an inspection: The Police Department responsible for administrative management of social order has the power to inspect the management and use of weapons, explosives and combat gears by the organizations and enterprises prescribed in Clauses 1, 2 and 3 of this Circular. The Police Division responsible for administrative management of social order affiliated to the police authority of the province has the power to inspect the management and use of weapons, explosives and combat gears by the organizations and enterprises prescribed in Clauses 2 and 3 Article 3 of this Circular.
b) Formulation and approval for an inspection plan: The division in charge of weapon, military explosive and combat gear management affiliated to the Police Department responsible for administrative management of social order, and the team in charge of weapon, military explosive and combat gear management affiliated to the Police Division responsible for administrative management of social order affiliated to the police authority of the province shall formulate a plan for periodic inspections of management and use of weapons, explosives and combat gears by the organizations and enterprises under their management and submit it to the Director of the Police Department responsible for administrative management of social order and the head of the Police Division responsible for administrative management of social order affiliated to the police authority of the province for approval;
c) The inspection plan includes: bases, reasons, purposes, requirements, entity, contents and date of the inspection, persons involved in the inspection and other inspection-related contents;
d) Carry out an inspection: The inspecting authority shall give a written notice of date of the inspection, contents of the inspection plan and members of the inspectorate at least 05 working days in advance to the inspected entity.
The head of the inspectorate shall disseminate contents of the approved inspection plan and other relevant contents to members before carrying out the inspection. Members of the inspectorate shall perform the tasks assigned by the head.
dd) A record shall be made using the prescribed form after the end of the inspection. The inspection record shall be made into 02 copies and signed by the head of the inspectorate and representative of the inspected entity. In the case of refusal, reasons thereof shall be specified in the record. The inspection record shall be delivered to the inspected entity and kept by the inspecting agency; its copies shall be sent to relevant organizations and individuals.
If a violation of regulations on management and use of weapons, explosives and combat gears is found, actions against such violation shall be taken as prescribed by law.
2. Ad hoc inspections
a) The head of the police authority specified in Point a Clause 1 of this Article shall decide on establishment of an inspectorate or assign officials to carry out an ad hoc inspection if an organization/enterprise allowed to be equipped with, manage and use weapons, military explosives and combat gears is found violating law or a complaint about management and use weapons, military explosives and combat gears is made or security and order assurance is required;
b) Formulation of an inspection plan: the official assigned as the head of the inspectorate or official in charge of carrying out the ad hoc inspection shall formulate an ad hoc inspection plan and submit it to the supervisory police authority prescribed in Point a Clause 1 of this Article for approval. Contents of the inspection plan are prescribed in Point c Clause 1 of this Article;
c) Carry out an inspection: the official assigned as the head of the inspectorate or official in charge of carrying out the ad hoc inspection shall notify reasons for inspection to the inspected entity before carrying out the inspection. In the cases where an official carries out the inspection, it is required to present a letter of introduction given by the competent inspecting authority.
The preparation of inspection record and actions against violations found during the inspection are prescribed in Point dd Clause 1 of this Article.
Article 25. Regulations on preparation of statistics and reports
1. The organizations/enterprises specified in Point a and Point b Clause 4 Article 3 of this Circular shall submit biannual and annual reports on management and use of weapons, explosives and combat gears to the Police Department responsible for administrative management and social order and the Police Division responsible for administrative management and social order affiliated to the police authority of the province respectively.
2. The Police Division responsible for administrative management of social order affiliated to the police authority of the province shall submit biannual and annual reports on management and use of weapons, explosives and combat gears using the Form VC23 enclosed with the Circular No. 18/2018/TT-BCA dated May 15, 2018 of the Minister of Public Security to the Police Department of administrative management of social order.
3. The police authority of the commune shall submit biannual and annual reports on management and use of cold weapons, receipt and collection of weapons, explosives and combat gears to the police authority of the district, which will consolidate and submit them to the police authority of the province using the Form VC23 enclosed with the Circular No. 18/2018/TT-BCA.
4. In the case of serious and complicated cases that negatively affect security and order and are related to weapons, explosives and combat gears or at the request of the competent authority, the organization/enterprise allowed to be equipped with, manage and use weapons, explosives and combat gears shall submit a report thereof to the police authority that issues the license or certificate.
5. The Police Department responsible for administrative management of social order shall supervise, expedite and submit consolidated reports on management and use of weapons, explosives and combat gears to the Ministry of Public Security as prescribed.
Chapter IV
IMPLEMENTATION
Article 26. Effect
1. This Circular comes into force from July 01, 2018.
2. This Circular supersedes:
a) the Circular No. 30/2012/TT-BCA dated May 19, 2012 of the Minister of Public Security on elaboration of some Articles of the Ordinance on management and use of weapons, explosives and combat gears and the Decree on elaboration of some Articles of the Ordinance on management and use of weapons, explosives and combat gears;
b) the Circular No. 31/2012/TT-BCA dated May 29, 2012 of the Minister of Public Security providing guidelines for receipt, collection, classification, maintenance, liquidation and destruction of weapons, explosives and combat gears.
Article 27. Responsibility for implementation
1. The Director of the Police Department responsible for administrative management of social order shall provide guidance, direct and inspect the implementation of this Circular.
2. Police authorities and relevant organizations and individuals are responsible for the implementation of this Circular.
Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Public Security (through the Police Department responsible for administrative management of social order).
| THE MINISTER |
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