Circular 30/2012/tt-Bca: Detailing The Implementation Of A Number Of Articles Of The Ordinance On Management, Use Of Weapons, Explosives And Supportive Tools And Decree Detailing Implementation A Number Of Things ...

Original Language Title: Thông tư 30/2012/TT-BCA: Quy định chi tiết thi hành một số điều của Pháp lệnh Quản lý, sử dụng vũ khí, vật liệu nổ và công cụ hỗ trợ và Nghị định quy định chi tiết thi hành một số điều ...

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MINISTER OF SECURITY
Number: 30 /2012/TT-BCA
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, May 29, 2012

IT ' S SMART

Q the details of the details of some of the things Pl The order Q The use of weapons, explosive materials.

and support tools and N Define the details of the details.

some of the Pl The order

________________

The French base for management, weapons use, explosive materials and support tools;

Base of Protocol 25 /2012/NĐ-CP 05/4/2012 rules out details of some of the provisions of the French management, use of weapons, explosives, and support 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 certain provisions of the French administration, using weapons, explosives, and supporting tools and the Decree to detail certain provisions of the Ordinal Ordination.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

1. This information regulates the implementation of some of the provisions of the command of management, use of weapons, explosive materials and support tools (later abbreviated as Ordinal France) and the Digital Protocol. 25 /2012/NĐ-CP April 5, 2012 rules out some of the provisions of this ordinance (later abbreviated as Decree): A license to use military weapons, transport military explosives, carry weapons, support tools, out of Vietnam. In particular, the certification level receives the use of weapons; the protection of weapons, explosive materials, tools of support; armed with military weapons, raw weapons and support tools; management, use of raw weapons, tools of support.

2. The management, use of weapons, explosive materials, aid tools within the Department of Defense's management are not subject to the scope of this information.

What? 2. Subject applies

This information applies to the agency, the organization, the Vietnamese personally and the agency, the organization, the foreign individual, the international organization residing, the entry, the appearance, the transit and the operation on the territory of the Socialist Republic of Vietnam (later abbreviated as the organization). (MUSIC PLAYING)

What? 3. The procedure of granting a license to carry weapons, aid tools in, out of the territory of the Socialist Republic of Vietnam in exceptional cases.

1. The license issued a weapons license, the instrument of assistance in, out of the territory of Vietnam stipulated at Point a, b, Clap 1 and Point a, c, Clap 2, Article 5 Decree:

a) The proposed text allows for the carrying of weapons, tools to assist in or out of the Vietnamese territory of the competent authority;

b) The introduction of the person to the contact;

c) The Prime Minister ' s consent text on the case of the organization, the individual carries more than the number of weapons specified in Clause 1, Article 6 Decree.

2. A permit issued a weapons license, an instrument of assistance in, out of the territory of Vietnam specified at Point c, Clause 1 and Point b, Clause 2, Article 5:

a) The specified papers at Point a and Point b, Clause 1, This;

b) The copy of the decision or plan of the state agency has the authority to allow the carrying of weapons, tools to assist in, to train, compete in sports, exhibition, display, show, merchandise.

3. The specified profile at Clause 1 and Clause 2, This is set up to 01 sets and file at the Administrative Management Police Department on the social order.

A person with a name in the introduction paper must appear either a People's Certificate or A passport while the value is used for the file receiving the profile.

The text offers permission to carry weapons, the tools to assist in or out of the Vietnamese territory of the competent authority to specify why, the deadline carries on or carries out; they and the name, number, date of the People ' s Proposition or Pasship, and the use of the user's use. carrying weapons, support tools; numbers, types, brands, weapons slogans, support tools; ammunition base, attached accessories (if available) and transport (case of transport in large numbers); the store carrying weapons, tools to support in or out of the field. Vietnam.

4. During the 3-day period of work, since the date of the receiving of valid records, the Bureau of Police Chief Administrative Officer of the Administrative Order of the Social Order issued a prescribed license; the non-granted case explicitly states the reason.

What? 4. The standard of people assigned to the storage facility, where weapons storage, explosive materials, support tools in the People ' s Public Security

1. The person who is assigned to the storage facility where weapons storage, explosive materials, the support tool in the People ' s Public Security must secure the following standards:

a) There is good moral qualities;

b) There is sufficient health in accordance with the work given to the medical facility from the district level to certification;

c) There is a specialized certificate of weapons management, explosive materials, support tools; training certification for fire prevention and firefighting;

d) The internal governance, management mode, inventory preservation, weapons storage, explosive materials, support tools.

2. General Logistics-The presiding technique, in collaboration with the Directorate General Building the People ' s Public Security Forces, the Directorate General of Administrative Management of the Order, Social Security specifically regulatory regulation, content, program training program to specialize in management management, Weapons, explosive materials, tools of support; certificate of fire and fire training.

What? 5. Weapons preservation, explosive materials and support tools.

1. Weapons, explosive materials, backup support tools, or no equipment needs, used to put in storage at the warehouse or place of storage and must be arranged, stored, preserved, preserved in accordance with regulations.

2. Protect the weapon, explosive material, the support tool to be in the shed and where the storage is specified as follows:

a) Weapons, explosive materials, aid tools in storage to ensure absolute safety. The holder of the warehouse, where the store is required to take over the rules of preservation, export, enter the warehouse. Arsenal of weapons, explosive materials and support tools must secure the TCVN-AN 017:2012 standard issued by Digital Information. 13 /2012/TT-BCA March 20, 2012 of Minister of Public Security.

b) Treasurer and cadres are assigned weapons management, explosive materials, support tools that must regularly conduct inspection and defense, anti-han rust, termites, damp, loss, fire, fire, fire, and cleaning.

3. After carrying out the use of the gun, the practice, to dry all the guns and the contact parts with the gas; wiping the oil for the moving parts. Two hours after the firing of a clean cleaning, if the moped is not covered in the barrel of the gun and the parts have direct contact with the drug, then use the soap or alkaline water to wash.

4. After carrying out the use of the support tool, the person who is assigned the use of the support tool must conduct clean cleaning, check out the parts of the manufacturer 's tools in accordance with the manufacturer' s process. For aid tools that use the power source to ensure adequate supply of electricity, ensure combat and protection. For the use of gas-based support tools, tear gas, which must guarantee the amount of gas produced by the manufacturer, if the term expires or does not guarantee the quality of the report to conduct the liquy, the culprits.

5. Every year, the handle of the arms management, the supporting tool in coordination with the handle of the warehouse management, where the test is conducted, the proposed weapons transfer proposal, the supporting tool. After the test, quality assessment, if the weapon, the support tool is damaged, expiration of the use, the proposed liquoration, the specified destruction.

Chapter II

MANAGEMENT, USE OF WEAPONS

What? 6. The type of military weapon equipped with the Forest Service, the United States Customs ' s anti-smuggling force, the store customs unit, Air Security.

1. Military weapons specified in Clause 1, Article 8 Decree.

2. The case should be required to equip military weapons other than the prescribed weapons at Clause 1, Article 8 Decree, Ministry of Agriculture and Rural Development, Ministry of Finance, Ministry of Transport has text to the Ministry of Defense, Ministry of Public Security, in which specify the need for equipment, demand, purpose use. Based on the idea of the Ministry of Defense, the Ministry of Public Security, the agency with the need to equip with the Prime Minister's text, decided.

What? 7. Level and revoking the license to use military weapons

1. Level and revoking the license to use military weapons carried out by regulation at Article 16 of the order.

2. The license to use a military weapon provides only small arms and light weapons stipulated at Point a and Point b, Clause 2, Article 3 Ordinal. Other types of military weapons follow the provisions of the Ordinal Law, Decree, and other relevant laws which are related.

Article 8. Issued a Certificate of Weapons.

1. The subject is issued a Certificate of Armament Certification in Clause 2, Article 14 of the Ordinal Order must ensure the following standards:

a) A citizen of Vietnam;

b) Enough 18 years of age;

c) There is clear background, no criminal record, no money;

d) Make sure that the criteria are specified in Article 14 of the Ordinal Ordination;

We're working at the agency. The unit is armed with weapons.

e) was trained, specialized training in management, use of weapons.

2. The Prime Minister of Public Security units stipulated at Article 9 of this message has the authority to issue a Certificate of Weapons certification.

3. Every year, when there is a need for training, weapons use training, agency, organization has the need to contact the regulatory agency in Article 9 of this Information to build training plans, training.

4. The officer, the soldier who went through training at the Security Academy, Police, People ' s Public Security Schools did not have to issue a Certificate of Weapons Use. In the case of cadres, the officer of the Public Security is recruited from the external sector, and it is done as an object of regulation at paragraph 1, this.

5. The certificate of using a weapon is only available to the assigned subjects, using a trained weapon, training. The certificate for the use of a weapon does not replace the use of a weapon.

What? 9. Training Authority, training to use weapons

The following Public Security units are allowed to train, training to use weapons:

1. Hospitals, People ' s Public School, Training Centre and Career Compensation;

2. The Department of Police Administration of the Administrative Order of the Directorate General of Police Administration of the Administrative, Social Safety;

3. The Police Department manages the administrative order on the social order of the Provincial Public Provinces, the Central City of Central;

4. The Bureau of Engineering and Technical Affairs Management Bureau of Logistics-Engineering.

What? 10. Content, program, training time, training for use of weapons

1. General Logistics-Presiding Engineering, in collaboration with the Directorate General of Public Security Forces, Directorate General of Police Administration of Order, Social Safety compiled content, training programs, weapons training. Training:

a) Regulation of the law of arms management;

b) How to recognize, configure and feature, the effects of the type of weapon equipped;

c) The skills, the technique of using weapons.

2. The agencies, the unit with the need for training, training to use the weapon responsible for training, training.

What? 11. Costume armed with the People ' s Public Security

1. People ' s Public Security is equipped with the kind of raw weapons prescribed at Clause 4, Article 3 of the Ordinal Ordination.

2. The subject is equipped with a raw weapon in the Civil Security including:

a) Police Command, Department of Police Command;

b) The service department belongs to the General Affairs; the unit is subordinate to the Ministry;

c) Academas, People ' s Public School, Training Centre and Career Compensation for Training, Training;

d) The direct case of fighting in the province of the province, the central city of the Central City, the Department of Fire and Fire Police Department;

The district, the county, the town, the city of the province;

e) Security, ward, town;

3. The equipability of raw weapons must be based on the function, the specific task of each unit to equip the numbers, the strain of the raw weapon accordingly.

4. Head of the General Directorate, Command, Director of the Academy, Principal School of Public Security and Director of Public Security of the Provinces, Central City of Central City, Director of the Fire Department Police Department and fire extinguiking base requirements, annually building plans It's a nuclear weapon that sends the General Logistics Department-Engineering to report the leadership of the decision.

What? 12. Management, use of crude weapons

1. For the raw weapon equipped with the stipulated subjects at Article 13 Decree (except units of the People ' s Army, the Army of the Guard, the museums, the film studio, the performing arts unit), after being granted the authority to grant a Certificate of Paper. The purchase of a crude weapon, which must carry a crude weapon accompanied by a bill or a stock ticket to the Public Security Agency issued a license to register. During the 5-day period of work, since the date of the receiving of valid records, the Public Security Agency issued the Registration Certificate.

2. For crude weapons are artifacts in the museum, which is the director of filmmaking, performing arts, household items or being told by tradition, the practice of the people ' s countrymen must declare to the Public Security, the ward, the town where the agency, the unit is based. or the residence to be issued a Certificate of Declare. The profile consists of:

a) the proposed text of the organization, the individual;

b) Raw weapons manifest;

c) The paper proves the origin, the origin of the raw weapon (if any);

d) The introduction of the person to the contact (for the organization).

The person who comes to the link must show a People's Certificate or a valid passport while the value is used for the file reception. During the 5-day period of work, since the date of the receiving of valid records, the commune, the ward, the town must grant the declaration of the declaration.

3. During the organization of the organized mission, the use of raw weapons must obey the order of the competent person. When the implementation of the independent mission, the use of raw weapons is carried out by the rule of law on the correct defense and adheres to the following principles:

a) Be grounded in every situation, properties, the level of danger of violation behavior to determine the use of raw weapons;

b) Only use of a raw weapon when there is no other measure to prevent the behavior of the object and after having warned by the order to pass the word but the object does not follow;

c) Not using a crude weapon to the object of being a woman, disabled person, children, except for the case of these subjects using weapons, explosive materials, attack tools, attack aids, or anti-life threats, life-threatening, health of the executor, or the person. Also.

d) In any case of the use of raw weapons, the user ' s use of a crude weapon needs to limit the damage caused by the use of raw weapons.

4. The person who is given a raw weapon (except for the raw weapons prescribed in paragraph 2 This) is used in the following cases:

a) The cases stipulated at paragraph 3, Article 22 of the Ordination;

b) Stop the person who is having a direct threat to the network, the health of others;

c) To arrest him according to the law of law;

d) Perform the correct defense in accordance with the rule of law.

What? 13. Responsible for the facilities, research enterprises, manufacturing, manufacturing, crude weapons repair, and more.

1. Must fully maintain the conditions of security, order during the course of the operation.

2. Make a periodic report on the situation, the outcome of the implementation of the conditions of security, order according to the rule of law.

3. The facility, the business that has a raw weapon repair function is only allowed to repair raw weapons under the repair permit issued by the Department of Public Safety Authority for licensed objects.

4. The facility, research enterprise, manufacturing, raw weapons production is only sold as raw weapons under license purchased by the competent Public Security Agency.

5. The facilities, research businesses, manufacturing, manufacturing when buying each other ' s crude weapons are purchased by the Office of the Police Department on social order.

Chapter III

MANAGEMENT, USING MILITARY EXPLOSIVES

What? 14. The procedure of issuing a licence to transport military explosives

1. A permit issued a licence to transport military explosives including:

a) The text offers a license to transport military explosives;

b) The copy of the decision to allow the transport of the explosive material or of the command of the authority of the competent person;

c) The introduction of the person to the contact.

A person with a name in the introduction paper is responsible for the Identification of the People's Certificate or Passport while the value is used for the file reception.

2. The profile set up on 1 set and filed in the Public Security Agency for this Article 15. For the 3-day period of work, since receiving sufficient valid records, the Public Security Agency has been the procedure of issuing a prescribed license.

What? 15. The authority granted the license to transport military explosives

1. Bureau of the Administrative Administration of the Order of Social Order grants the transport of military explosives to the units of the Ministry of Public Security.

2. The Police Department manages the administrative order of the Public Security Department of the provinces, the Central City of the Central Committee to Transport the Military Exploitation Materials for local units.

Chapter IV

MANAGEMENT, USE OF SUPPORT TOOLS

What? 16. The base condition, import business, export, business tools support business, and

1. Meet the conditions as specified in Clause 1 and Section 2 Article 26 Decree.

2. In accordance with the planning of the facility, import business, export, business-backed business pursuits to the regulation of the Ministry of Defense, Ministry of Public Security. The planning must ensure the following principles:

a) The import, export, and business tools business is one of the industries, business restrictions and business conditions under the law;

b) In addition to the facilities, import businesses, exports, and business tools business assistance to the Ministry of Public Security has been established and operated under the rule of law, the Central City-owned cities are not allowed to establish more than two facilities, businesses;

c) Across the country, facilities, import businesses, exports, existing support tools business and new establishment no more than 20 facilities, businesses.

What? 17. Civil Security Assistance Tool

1. People ' s Public Security is equipped with the prescribed support tools at paragraph 9, Article 3 of the ordinance.

2. The object is equipped with the regulatory assistance tool at paragraph 2, Article 11 of this.

3. The use of the support tool must be based on the functionality, the specific task of each unit to equip the number, the type of tool that supports the right.

What? 18. Manage, use the support tool

1. For the support tools that do not have to issue a license by regulation at Clause 1, Article 21 Decree, after the purchase must carry a bill of assistance accompanying a bill or a warehouse ticket to the Public Security Agency issued a license to register. During the 5-day period of work, since the date of the receiving of valid records, the Public Security Agency issued the Registration Certificate.

2. The use of the implementation support tool pursues to paragraph 3 and paragraph 4, Article 12 of this Information.

What? 19. The responsibility of the facilities, business research, manufacturing, manufacturing, business, tool repair, and business support.

1. Must implement the regulations at Clause 1 and Clause 2, Article 13 This Information.

2. The facilities, businesses with the support engine repair function are only allowed to repair the support tool under the repair permit issued by the competent Public Security Agency.

3. Base, business research, manufacturing, manufacturing, business tools support only sale of support tools under license purchased by the competent Public Security Agency.

4. The facilities, research businesses, manufacturing, manufacturing, business tools support, when purchasing of each other for business, the buyer must set up a case to recommend the Department of Administrative Administration of the Administrative Order of the Order of the Purchase. Profile:

a) The text offers a license to purchase; in which, specify the number, strain of the support tool; name, base address, business resale;

b) The introduction of the person to the contact.

The person who comes to the link must show a People's Certificate or a valid passport while the value is used for the file reception. During the 5-day period of work, since the date of the receiving of valid records, the Bureau of Administrative Management of the Order of Social Order issued a prescribed license.

Chapter V.

THE RESPONSIBILITY OF THE AGENCIES, UNITS IN THE MANAGEMENT OF WEAPONS MANAGEMENT, EXPLOSIVE MATERIALS, SUPPORT TOOLS.

What? 20. 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) The direction and organization of the implementation of the regulatory text of management, the use of weapons, explosive materials, tools of support under jurisdiction;

b) Coordinate with propaganda organizations that propagate, dissemine the law of legal rule on management, use of weapons, explosive materials, support tools; organization training, training, training for units within and outside the Public Security industry in terms of management work. The use of weapons, explosive materials, tools of support;

c) Level, revoking the types of equipment licenses, use, purchase, carrying, carrying weapons, explosive materials, support tools, and certificates of use of weapons for objects belonging to organs in the Central Committee by jurisdiction;

d) Check, inspectors, process violations of authorized units, use weapons, explosive materials, support tools within and outside of the Public Administration of Management;

Management of research facilities, manufacturing, manufacturing, repair, weapons business, explosive materials, tools of support;

e) Research, the application of science and technology into management, use of weapons, explosive materials, support tools; and more.

g) The organization of statistics, aggregation of weapons management situation, explosive materials, regulatory assistance tools;

h) Perform international cooperation on weapons management, explosive materials, support tools.

2. General Logistics-Responsable Engineering:

a) Build a catalog of armed equipment, explosive materials, tools of support for each force in the People ' s Public;

b) Equipment, weapons release, explosive materials, support tools in the Security Forces;

c) Shopping, import, export of weapons, explosive materials, tools of support in the Public Security Forces;

d) Research, production, import of weapons types, tools of support for the decoration of units in the People ' s Public;

) Presided, coordinated with units of exercise authority, training, editing of the curriculum, program content on management, weapons use, explosive materials, and support tools.

3. General Police Department, charged with responsible crime:

a) Chair, in coordination with the General Directorate of Police Administration of the Order, Social Safety and Liaison Units, against the violations of the law of management, weapons use, explosive materials, and support tools.

b) Host, in coordination with the Security Forces and relevant agencies in the defense, against the conduct of trafficking, the unauthorized transport of weapons, explosive materials, and border support tools.

4. The General Directorate, the Ministry of Command, the unit of the Ministry, the Academy, the Civil Security School of the function, the task of being assigned to the task of carrying out the effective implementation of the management, the use of weapons, explosive materials, regulatory assistance tools.

What? 21. The responsibility of the Public Security of the Provinces, the Central City

1. Staff with the People ' s Committee on the same level and organize the implementation of the manual text of management, use of weapons, explosive materials, authorship support tools.

2. Proclamation, disseminalization of laws that violate the law of management, use of weapons, explosive materials, support tools.

3. Training, training, training for units within and outside the Public Security industry on management, use of weapons, explosive materials, authorship support tools.

4. Level, revoking the type of equipment license, use, purchase, transport of weapons, explosive materials, support tools, Certificate of Weapons Certificate for Authorised Subjects.

5. Checking, inspector, breach of violation of organs, units allowed to equip, use weapons, explosive materials, support tools within and outside of the regulated public sector.

6. Statistics, aggregation, reporting of management situation, use of weapons, explosive materials, competent assistance tools.

What? 22. The responsibility of the ministries, the industry and the Provincial Committee of the Provinces, the Central City

The ministries, the departments and the Provincial Committee of the Provinces, the Central City of the Central City within the functional range, the mandate, its powers are responsible for providing the service of the state statistical service to the Ministry of Public Security and the implementation of other tasks of the content. state management of weapons, explosive materials, authorship support tools.

Chapter VI

THE ORGANIZATION.

What? 23.

It has been in effect since July 20, 2012 and replaces the Private No. 05/TT-BNV (C13) on 28 September 1996 of the Ministry of Internal Affairs (now Ministry of Public Security) to conduct a number of issues in Decree No. 47 /CP on August 12, 1996 on weapons management, materials and materials. Detonation and tools.

What? 24.

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, chief of units of the Ministry, the Director of the Academy, the Principal of the Public Security Schools, the Director of Public Security of the Provinces, the Central City of China, Director of the Fire and Fire Police Department and the institutions, the fish You're responsible for the operation.

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

Minister.

(signed)

General Chen Kuang