Laws of Vietnam

The Criminal Code passed by the National Assembly asserts that keeping and using weapons and explosives illegally is a criminal offense, and the Government has issue many documents for strict control of weapons and explosives, but the loss, illegal keeping, use, and trading of weapons and explosives are still daily occurrences; the criminal offenders have used weapons and explosives in committing serious robberies and murders, and even have used weapons against persons on duty.

The main causes of this situation are weaknesses in the control of weapons and explosives, failure by a number of cadres and citizens to strictly abide by the State regulations on the control of weapons and explosives; and failure to duly punish the offenders in accordance with law.

In order to improve the situation, the Prime Minister issues the following instructions:

1/ The Ministers, Heads of agencies of ministerial level and agencies attached to the Government, the Presidents of the People's Committees of different levels must be responsible for the control and use of weapons and explosives within the area under their administration, and organize a campaign to popularize the State regulations on the control of weapons and explosives in public offices, organizations and among the population. Every citizen has the duty to keep watch on and denounce cases of stealing, illegal trading, producing, transporting, keeping and using weapons and explosives. All violations must be promptly and duly punished in accordance with law.

2/ The Ministry of the Interior and the Ministry of Defense must inspect and strengthen the control and use of weapons and explosives by the police, the armed forces, public offices, economic and social organizations and individuals on the territory of the Socialist Republic of Vietnam, particularly at the storage of weapons and explosives; inspect and re-examine the arming of the militia, full-time guards, rangers, customs officers, tax collectors, etc.

3/ The Prime Minister sets the standards of arming, including rudimentary weapons such as electric whips and tear gas or toxic gas sprayers... (hereafter referred to as weapons and other equipment) for public offices, units, organizations or individuals to defend themselves or keep public order.

Those State agencies, organizations and individuals who apply for the production and trading of weapons and other equipment will be considered for the granting of licenses.

4/ Public offices, organizations, armed forces units and individuals are strictly forbidden to use weapons and other equipment as gifts or sell them at variance with the prescriptions.

Those weapons and equipment which have been awarded or presented by foreign countries must be fully registered and handed over to museums, relic houses or to police or military offices for safe keeping. If a unit wants to keep weapons and other equipment as souvenirs, it must apply for permission from the Minister of Defense, or the Minister of the Interior, and must register them with the police or military command of provinces and cities direct under the Central Government.

5/ The Ministry of the Interior, the Ministry of Defense, and the General Department of Physical Culture and Sports shall cooperate in organizing a general inventory of defense sport weapons at public offices, units, communes and wards; classify and deal with the weapons already inventoried in accordance with State regulations in force; supplement and amend the standards of arming to suit the needs of training and sport competitions in the present situation. The importation and distribution of defense sport weapons should be limited.

6/ The Ministry of the Interior together with the other ministries and branches concerned must check and correct the control, use, exportation and importation, and transportation of explosives by public offices, enterprises and economic organizations. The Ministry of Defense is responsible for checking and correcting the use, exportation and importation and transportion of weapons and military explosives.

7/ The Ministry of Commerce shall cooperate with the Ministry of the Interior, the General Department of Customs and the branches concerned to set regulations for the ban on the importation, production and distribution of weapons and equipment, including raw materials for the manufacture of weapons and equipments. It must check and promptly deal with the illegal importation, production, transportion, trading, keeping and use of dangerous toys likely to induce violence.

8/ The Ministers, the Heads of agencies of ministerial level, agencies attached to the Government, and the President of the People's Committees of provinces and cities directly under the Central Government must plan the implementation of this Instruction in their branches and localities, and report the results to the Government.

The Ministry of the Interior must supervise the implementation of this Instruction and regularly report the situation to the Government.

PHAN VAN KHAI