Ordinance No. 16/2011/UBTVQH12 dated June 30, 2011 of the National Assembly Standing Committee ON management and use of weapons, explosives and supporting tools

12 PROHIBITED ACTS IN MANAGEMENT AND USE OF WEAPONS, EXPLOSIVES

On  June 30, 2011, the National Assembly Standing Committee course XII approved the Ordinance No. 16/2011/UBTVQH12 including 6 Chapters, 38 Articles on management and use of weapons, explosives and supporting tools.

According to the Ordinance, there are 12 prohibited acts and the most prominent point is personally possessing weapons (excluding rudimentary weapons include daggers, swords, long-handled spears, long-handled machetes, bayonets, knife-shaped lances, scimitars, clubs, bows and crossbows. Prohibiting all the acts of illegally manufacturing, storing, transporting, using, trading, importing or exporting or appropriating weapons, explosives and supporting tools; abusing the use of weapons, explosives or supporting tools to infringe upon the health or lives of other people, or the rights and legitimate interests of individuals, agencies or organizations; deliberately destroying or damaging assigned weapons; assigning weapons, explosives and supporting tools to agencies, organizations or persons that fail to fully satisfy set conditions and standards; giving away, presenting as gift, entrusting to others' care, borrowing, lending, renting, leasing, pledging or mortgaging weapons, explosives or supporting tools; illegally bringing weapons, explosives or supporting tools into or out of the Vietnamese territory and so on.

The Ordinance also regulates 05 entities equipped with military weapons as follows: People's Army; People's Public Security Force; Militia and Self Defense Forces; Forest rangers, full-time anti smuggling customs forces and border-gale customs units; Aviation security force.

Besides, there are 04 entities to be equipped with sports weapons as follows: Units of the People's Army, the People's Public Security and Militia and Self-Defense Forces; Sport clubs, schools and training centers; Defense-security education centers; other organizations that need to be equipped with sports weapons for sports practice and competitions, which are established and operate under licenses issued by competent state agencies.

Provisions on opening of fire are an extremely important and directly relate to the national security, social order and security. Therefore, cases of fire opening include subjects are using force, weapons or explosives directly threatening the lives of persons on duty or other persons; using weapons or explosives to attack or threaten the safety of important works related to national security or important targets protected under law; seizing guns of persons on duty; using weapons to cause public disorder, which may cause very serious or especially serious consequences; rescuing persons who are detained or escorted due to their especially serious crimes or dangerous recidivism: persons who are detained, held in custody, escorted due to their especially serious crimes are escaping or resisting and so on.