Circular 31/2012/tt-Bca: Detailed Rules Of Receiving, Collecting, Sorting, Processing, Preservation, Destruction Of Weapons, Explosives And Supportive Tools

Original Language Title: Thông tư 31/2012/TT-BCA: Quy định chi tiết việc tiếp nhận, thu gom, phân loại, bảo quản, thanh lý, tiêu hủy vũ khí, vật liệu nổ và công cụ hỗ trợ

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MINISTER OF SECURITY
Numbers: 31 /2012/TT-BCA
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, May 29, 2012

IT ' S SMART

Regulations governing the reception, collection, classification, preservation, liquoration,

destruction of weapons, explosive materials and support tools

________________

Base of Protocol 26 /2012/ND-CP 05/4/2012 rules for the order, procedure, authority and funding to serve, collect, classify, preserve, liquorate, destroy weapons, materials, and tools;

Base of Protocol 77 /2009/NĐ-CP September 15, 2009 rules the function, mandate, jurisdiction and organizational structure of the Ministry of Public Security;

At the request of the Chief Directorate General of the Bureau of the Administrative Administration of Order, Social Security;

The Minister of Public Security issued provisions detailing the reception, collection, classification, preservation, liquoration, weapons destruction, materials and support tools.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

1. This information regulates the implementation of some of the provisions of the Digital Protocol 26 /2012/ND-CP 05/4/2012 rules the order, procedures, competenties and funds serving the reception, collection, classification, preservation, liquation, weapons destruction, explosive materials and support tools (later abbreviated as Decree No. 1). 26 /2012/ND-CP ) These include: Dig, search for military weapons, explosive materials; transportation, reception, collection, preservation, transfer, classification, liquoration, weapons destruction, materials and tools; funding for the reception, collection, classification, protection, and distribution. management, liquoration, weapons destruction, materials and support tools and the responsibility of the Public Security of Units, Local.

2. The reception, collection, classification, preservation, liquoration, weapons destruction, materials and equipment support tools for the People's Public Security, People's Army, self-defense militias are not part of this information.

What? 2. Subject applies

It applies to the agency, the organization, the Vietnamese personally; the agency, the organization, the foreign individual operating on the territory of Vietnam is involved in the reception, collection, classification, preservation, liquoration, weapons destruction, explosive materials and tools of support.

Chapter II

RECEPTION, COLLECTION, CLASSIFICATION, LIQUATION, DESTRUCTION

WEAPONS, EXPLOSIVE MATERIALS AND SUPPORT TOOLS.

What? 3. Transport for arms delivery, explosive materials and support tools.

1. Agency, organization, individual (later abbreviated as organization, individuals) voluntarily hand over arms, materials and support tools to be encouraged and received by the authorities to keep secret when required.

2. Based on the actual situation, the Ministry of Public Security leads the launch of arms delivery, explosive materials, and support tools across the country.

3. People's Committee of the Provinces, Central City (later abbreviated as the Provincial People's Committee) directed, guided the launch of arms delivery, explosive materials, and local support tools under management jurisdiction.

4. The People ' s Committee of the Establishment Committee of the Directorate of Arms delivery of arms, explosive materials and local support tools, composition:

a) Leader of the Committee of the People's Committee.

b) The head of the head of the office of Public Security, the military body of the same rank as the vice president.

c) The head of the Financial agency, the Fatherland Front Committee and the agency's representative, the other relevant organization as a member.

5. The delivery, arms reception, explosive material, and support tools are carried out at the site due to the authority receiving the authority to receive, the specified collection. At the suggestion of the organization, the individual handed over, the agency chief had the authority to receive the review, deciding on the reception at the site of weapons, explosive materials, and support tools.

What? 4. Dig in, search for military weapons, explosive materials

1. Organization, individuals with a need for digging, search for military weapons, explosive materials must submit a set of records at the District People's Committee, the district, the town, the provincial city (later abbreviated as the District People's Committee). Profile:

a) The proposed text specifies the reason, the purpose, the search for the digging, the search.

b) A copy of the document whether the document proves the use or management or implementation of the legal work at the site of a search, search.

2. The digging, the search for military weapons, the explosive material was made only in accordance with the extent, the site was given permission by the People ' s Commission. At least 05 days prior to the practice of digging, the search, text message to the People's Committee, the ward, the town (later abbreviated as the Social Committee) where the organization, digging, searches for a safe and secure coordination.

What? 5. Take on, collect, protect weapons, explosive materials and support tools.

1. The reception, weapon collection, explosive material and support tools must be established in the form of the document, which is clear, full of qualifying, quantity (or volume), quality, origin, number, symbol (if any) of each weapon, explosive material, and support tool.

2. When receiving, weapons collection, explosive materials and support tools must be tested and excluded from the factors that cause loss of safety or environmental impact.

3. For the number of weapons, the support tool that the agencies, the organization is equipped and issued a license to use but there is no need for use or failure to repair the need to be delivered, then must be handed over to the Authority with a direct jurisdiction over management. And the license to use weapons, that support tool.

4. For bombs, landmines, ammunition, explosions, torpedoes, mines, instruments, materials, warheads, ballistic missiles, artillery shells, and shells of other types or weapons that need to have the military engineering of the military agency ' s handling, the Public Security Agency or the Human Commission. The population receives a written notice for the military authority from the district to come up to coordinate the collection, processing.

The Social People's Committee is responsible for organizing, directing the Public Security Agency and the issuing of weapons detection, explosive materials that need to gather the security of security, order, and process of the situations that arise before and during the time of the collection, processing.

5. Weapons, explosive materials and support tools have taken over, the collection must be preserved, tightly managed.

What? 6. Transfer of weapons, explosive materials and support tools

1. The Public Security Agency, the Social People's Committee, the Committee of the People's Composition of Statistics and the transfer of the number of weapons and tools of support received, collected for the Public Security of the District, the District, Town, the Province of the Province (later abbreviated as the District Security).

2. The Police Department manages the administrative order of the social order and units of the Provincial Security of the Provinces, the Central City of Central (later abbreviated as the Provincial Security) which governs the number of weapons, the reception tools, the collection and number of weapons, the delivery tool. Submitted by the agencies, the organization has been equipped with which the Local Security directly manages and licenses its use under jurisdiction to transfer to the Logistics Department of Local Public Security Engineering.

3. The Police Department administrative management of the social order of the Directorate General of the Administrative Administration of the Order of the Order, Social Safety statistics, the delivery assistance tool of the agencies, the organization has been equipped with which the Police Department manages the administrative order of the order. public society directly manages and licenses the use to transfer to the Department of Technical Affairs and Technical Affairs Management Department.

4. The units of the Ministry of the Ministry of the Ministry of the Ministry of Arms of Weapons and Support for the reception, collection (except for weapons and tools of support related to the case) to transfer to the Department of Technical Affairs and Technical Affairs Management Department.

5. The transfer to the military authority number of bombs, mines, grenades, explosions, torpedoes, mines, explosions, explosive materials, missile warheads, artillery shells and shell warheads of all kinds of reception, collected in accordance with provisions at Clap 1, Article 10 of the Digital Protocol 26 /2012/ND-CP must be compiled into a compilation, with a classification table. The transfer agency must inform the military authorities with the authority to follow the prescribed procedure.

6. Weapons, support tools, collect if the Museum of Public Security and military authority from the provincial level to the return of the provincial office have a transfer offer to serve in keeping, the museum is the General Secretary General of Logistics-Engineering, Director of Provincial Public Security There's authority to review, the decision.

What? 7. Weapons classification, support tool

1. The authority to classify weapons, the support tool specified as follows:

a) The Bureau of Technical Affairs Management and Classification Decoration for weapons, tools for assistance provided by the Police Department on social order and the units of the Department of Public Security.

b) The Logistics Department-Engineering Department of Provincial Security and District Security Districts of arms classification, support tools have received, collected; report, propose the Director of Provincial Public Safety in accordance with regulations.

2. The classification of the weapon, the support tool after the reception, the collection is done by the following regulation:

a) For the weapon, the valuable support tool, the Office of Engineering and Technical Affairs Administration reports the General Secretary General of Logistics-Engineering, the Administrative Administrative Police Department on the social order and the District Security report the Director of Public Security. the provincial level allows the input to be used by regulation.

b) For the weapon, the support tool is no longer used by the value of the use, the liquoration, the destruction.

What? 8. Weapons Liquor, Support Tool

1. General Secretary General of Logistics-Engineering, Director of the Provincial Public Security Decision to establish a Armament Bar, which supports the weapon, the support tool is no longer the value of use.

2. The Council composition is as follows:

a) The Ministry of Justice in the Ministry of Public Security due to the representative leadership of the General Logistics-Engineering as the President of the Council, the members of the leadership of the Department of Public Affairs are technical and formal, leading the Department of Police Administration of Administrative Order of the Order of Social Order.

b) The local liquoration council is headed by the head of the Provincial Public Security Council as Chairman of the Council, the members of the leadership of the Logistics-Engineering, the leader of the Police Department of the Administrative Order of the Administrative Order of the Social Order, and the leadership of the agency.

3. Chairman of the Board of Arms, instrumental in support of the decision to establish the Council's Help.

What? 9. Weapons destroy, support tool

1. Set up the Council and approve the method of weapons destruction, the tool that supports the following regulation:

a) At the Ministry of Public Security: General Directorate General of Logistics-Engineering decides to establish the Council and approve the method of weapons destruction, tools of support. The Board of Destruction is led by the head of the Bureau of Engineering and Technical Affairs Administration as Chairman of the Council, the other members being the department head of the Department of Administrative Management of the Administrative Order of the Department of Social Order and the Bureau of Engineering and Technical Affairs. level; the head of the district Environment Agency, the Social People's Committee, where there is a destruction site.

b) At the provincial level: Head of Provincial Public Security decided to establish the Board of Destruction and approve the method of weapons destruction, tools of support. The Board of Destruction due to the leadership of the Chamber of Logistics-Engineering as the President of the Council, the other members are representative of the Chief Administrative Police Department in terms of the social order, the district-level Environment Agency, and the Social People ' s Committee where the venue is located. Destroy it.

c) At the district level: The Chairman of the District People's Committee decides to establish the Council and approve the method of weapons destruction, tools of support. The Board of Destruction issued by the representative of the Public Security Council on the same level as the President of the Council, the other members are the representative of the military agency or the technical unit of the military of the Provincial Public Security, the same level Environment Agency, and the People's Committee. The location of destruction.

2. The destruction of the weapon, the support tool is conducted as follows:

a) The organization of the right method has been granted the authority to approve.

b) The use of safe means to transport weapons, tools to support the destruction site.

c) The security forces, which have warning signs at the destruction zone.

d) The destruction process must be continuous until the loss of the ability to recover features, the effects of the weapon, the destroyed support tool.

Set the record on the results of the destruct.

3. Weapons destruction, aid tools at risk of loss of safety, require emergency handling by regulation at Point c, Clause 3, Article 12 Digital Protocol 26 /2012/ND-CP is done as follows:

a) The Prime Minister of the Bureau of Public Affairs decides to destroy and report the Prime Minister on the direct and the General Secretary General of Logistics-Engineering results destroy.

b) The head of the provincial security units, the Chief Public Security Council decides to destroy and report the Director of Provincial Public Security in the scope of the resulting destruction results.

What? 10. The catering business for the reception, collection, classification, preservation, liquoration, weapons destruction, explosive materials and tools of support.

1. The funding serves the reception, collection, classification, preservation, liquoration, weapons destruction, explosive materials and support tools that are positioned in the Ministry of Public Affairs ' s annual state budget bill, to spend on the following:

a) The propaganda, arms delivery, explosive materials, and support tools.

b) Build a warehouse, space storage, explosive material, and post-acquisition assistance tools, collection; vehicle procurement, acquisition equipment, collection, classification, preservation, protection, liquoration, weapons destruction, explosive materials, and support tools.

c) Operations and maintenance of regular activity of the forces carrying out the receiving, collection, preservation, liquoration, weapons destruction, explosive materials and support tools; the cost of training, fostering of military service.

d) Other genera serve the reception, collection, preservation, liquoration, weapons destruction, explosive materials, and support tools.

2. The Directorate General of Police Administration of Order, Social Safety, General Logistics-Engineering, Provincial Public Security is responsible for planning annual funding to serve, collect, preserve, liquorate, destroy weapons, explosive materials and tools. support of the unit, local to the Treasury Department.

3. The Joint Finance Bureau, set up the Public Department 's general funding category for the reception, collection, preservation, liquation, weapons destruction, explosive materials and support tools on the basis of the funding of the Company' s funding, the local leadership of the Ministry of Public Affairs. Security review, decision.

Chapter III

THE RESPONSIBILITY OF THE SECURITY OF THE UNITS, THE LOCAL

What? 11. The responsibility of the units of the Ministry of Public Security

1. The Chief Directorate of the Administrative Management of the Order, Social Security is responsible:

a) Chair, in collaboration with the General Logistics-Technical guidance Engineering, directed the organization to carry out the implementation of the reception, collection, classification, preservation, liquoration, weapons destruction, explosive materials and tools of support under jurisdiction.

b) Staff with the Ministry of Public Security to open arms delivery, explosive materials, and support tools across the country.

c) Host, in coordination with the Directorate General Construction of the People's Security Forces, the relevant units that carry out the propaganda of the delivery of weapons, explosive materials, and support tools.

d) Command the Administrative Management Police Department on the social order of the organization to take on and transfer the Department of Engineering to Engineering and Armament Equipment, the assistance tool provided by the agencies, organizations outside the delivery industry that the Bureau directly manages, the paper level. Use.

Coordination with the Directorate General of Logistics-Technical guidance, inspection, training organization, training in military expertise for cadres, soldiers and forces that do the reception, collection, classification, preservation, liquoration, weapons destruction, explosive materials and materials. Support tools, jurisdiction.

e) Preliminary, the total assessment of the situation, the result of carrying out the reception, collection, classification, preservation, liquoration, weapons destruction, explosive materials and tools of support.

g) The cost of ensuring the organization of the organization to implement the reception, collection, classification, preservation, liquoration, weapons destruction, explosive materials, and support tools within the management range.

) Offer rewards for organization, individuals whose achievements are in organizing the implementation of the receiving, collection, classification, preservation, liquoration, weapons destruction, explosive materials, and regulatory assistance tools.

i) Check, coordinate inspection, breach of breach for the acceptance of the provisions of reception, collection, classification, weapon preservation, explosive materials, and regulatory assistance tools.

2. General Logistics-Presiding Engineering, in collaboration with the General Directorate of Police Administration of Order, Social Safety:

a) Guide, examination of the classification, preservation, liquation, weapon destruction, supply of assistance, collection, and implementation of classification, preservation, liquation, weapon destruction, authorship support tool; establishment of the Council of liquoration; establishment of the Council of Justice; establishment of the Council of Justice; And approved the method of destroying weapons, tools of support by the Police Department of the Administrative Administration of Social Order and other units of the Ministry of Public Security.

b) Staff with the Ministry of Public Affairs issued a regulatory code of weapons protection, explosive materials, and support tools, collection within the scope of management.

c) The cost of ensuring the cost of procurement of vehicles, equipment, funding for military expertise and other necessary expenses by law.

d) Coordinated with the Directorate General of the Administrative Administration of the Order, Social Safety and the Directorate General Construction of the People's Public Security Forces, organizing a training in military expertise for cadres, soldiers, and other forces of the work. collection, classification, preservation, liquoration, weapons destruction, explosive materials, and support tools, jurisdiction.

Regulation of testing, transfer, preservation, liquoration, weapons destruction, explosive materials and equipment support tools, use in the Public Security industry.

3. The Directorate General, Command and Units of the Ministry of Functional Bases, the task assigned to the organization to effectively implement the provisions of this Information.

What? 12. The responsibility of the Public Security of the Provinces, the Central City

1. Staff with the Provincial Committee of the Provincial People's Provincial Committee implementing the implementation of the provisions for the reception, collection, classification, preservation, liquoration, weapons destruction, explosive materials, and local regulatory support tools.

2. The actual situation base, which is involved with the People ' s Committee and the organization to open arms delivery, explosive materials and support tools within the management table.

3. Host, in collaboration with local functional units that organize propaganda, education on weapons delivery, explosive materials, and support tools.

4. Command, guide and organization perform the reception, collection of weapons, explosive materials, and support tools as follows:

a) Weapons, explosive materials, unusable support tools, or no use of the needs of the agencies, organizations under management authority and licensing the use.

b) Weapons, explosive materials, tools of support provided by local authorities and local authorities, seized upon the implementation of the operation.

c) Weapons, explosive materials and support tools that are associated with cases have been questioned by the authorities of the local and local authorities in the local jurisdiction after dealing with the rule of law.

d) Weapons, post-war explosives also exist outside of society; weapons, explosive materials, and support tools presented by the people and the report.

5. Instructs the Logistics Department-Engineering and District Security within the scope of the management implementation of the reception, collection, classification, preservation, liquoration proposal, weapon destruction, explosive materials, and regulatory assistance tools.

6. The organization focuses on military expertise for cadres, soldiers and forces that do the reception, collection, classification, preservation, liquoration, weapons destruction, explosive materials, and regulatory assistance tools.

7. Organization for inspection, inspection, breach of violation over the acceptance of the provisions of reception, collection, classification, preservation, liquoration, weapons destruction, explosive materials, and support tools within the management range.

Chapter IV

THE ORGANIZATION.

What? 13.

It has been in effect since 20 July 2012. The Ministry of Public Security's previous regulations on reception, collection, classification, preservation, liquoration, weapons destruction, materials and tools left to the regulations at this Notice abolished.

What? 14.

1. Secretary General of the General Directorate of the Administrative Administration of the Order, Social Security is responsible for guidance, examining the implementation of this Information.

2. The chief ministers, the chief of units of the department, the Director of Public Security of the Provinces, the Central City of the Central City, Director of the Department of Fire and Fire Department and the organization, the individual is responsible for this private practice.

In the course of execution, if there is an entangrium, the agencies, organizations, and the Public Security units, the local report to the Ministry of Public Security (through the Directorate General of Police Administration of Order, Social Safety) for a timely direction.

Minister.

(signed)

General Chen Kuang