Decree 26/2012/nd-Cp: Regulation Sequence, Procedure, Jurisdiction And Funding Service Of The Reception, Gathering, Sorting, Storage, Disposal, Destruction Of Weapons, Explosives And Supportive Tools

Original Language Title: Nghị định 26/2012/NĐ-CP: Quy định trình tự, thủ tục, thẩm quyền và kinh phí phục vụ 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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THE GOVERNMENT.
Numbers: 26 /2012/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, April 5, 2012

DECREE

Sequencing, procedure, authority and funding serve on the reception, collection, and business.

classification, preservation, liquoration, weapon destruction, explosive materials and support tools.

_________________________

Government Law Base December 25, 2001;

The French base of the Command, the use of weapons, explosive materials and support tools on June 30, 2011;

At the suggestion of the Minister of Public Security,

The government issued a decree regulating the sequence, procedure, jurisdiction, and funding for the reception, collection, classification, preservation, liquoration, weapons destruction, explosive materials, and support tools.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

1. This decree provides for the order, procedure, authority, and funding that serve the reception, collection, classification, preservation, liquoration, weapons destruction, explosive materials, and support tools.

2. Operation sweeping, mines of the program, government planning, Department of Defense; the transfer of, the preservation, liquour, the destruction of weapons, explosive materials and equipment support tools in the Security Forces, the Army, the Civil Guard that is not part of the scope. The regulation of this decree.

What? 2. Subject applies

This decree applies to the agency, the organization, the Vietnamese individual; the agency, the organization, the organization, the foreign individuals operating on the territory of Vietnam are involved in the presentation, delivery, reception, collection, classification, preservation, liquation, weapons destruction, materials, and others. Detonation and tools.

What? 3. Explain words

In this decree, the words below are understood as follows:

1. Weapons, explosive materials and support tools, collection: Armed weapons, shotguns, crude weapons, sports weapons, other types of features, similar effects; explosive materials; support tools; accessories of weapons, explosive materials, industrial materials, and other weapons. Support tools and ammunition used for weapons, tools of support; explosives from bombs, mines, grenades, bullets, explosions, torpedoes, irrigation, and fire.

2. Take on weapons, explosive materials, and support tools: The organization of receiving weapons, explosive materials, and tools of support from the agency, organization, individual delivered or handed over.

3. Weapons collection, explosive materials and support tools: Is the organization of the recovery of weapons, explosive materials and tools supported by the organization, the individual findings, the report, the whistled, but not identified personally, the agency, the management organization or the number of weapons, explosive materials and materials. Post-war support tools exist outside of society.

4. Classification of weapons, explosive materials and support tools: Be the analysis, quality assessment, value of use, hazardous properties, and statistical types of weapons, explosive materials, and support tools that have received, collected.

5. Weapons inspectors, explosive materials and support tools: Being the elimination to destroy weapons, explosive materials, and support tools that have taken over, collected.

6. Destruction of weapons, explosive materials and support tools: Is the implementation of measures that have lost the ability to recover features, the effects of weapons, explosive materials, and support tools that have taken over, collected.

What? 4. Weapons, explosive materials and support tools to receive, collect ...

1. Weapons, explosive materials and the support tools of the agency, organization, individuals who are not equipped or owned by the rule of law.

2. Weapons, explosive materials and the support tools of the agency, the organization, the individual is equipped, the offer to use as prescribed by law but is damaged, expuning the use or no longer the need for use or under the rule of law that does not belong. It ' s equipped, managed, used.

3. Weapons, explosive materials and support tools that are associated with cases have been given jurisdiction over the regulation of law; weapons, explosives, and aid tools discovered by authorities, seized.

4. Weapons, explosive materials and tools supported by the agency, organization, individuals who detect but do not identify the body, organization, individual responsible for management or possession; weapons, explosive materials, and post-war support tools exist outside of society.

5. Weapons, non-catalogue materials that are allowed to be used in Vietnam.

What? 5. Dig in, search for military weapons, explosive materials

1. Organization, individuals who have the needs and are given by the District People's Committee, the district, the town, the provincial city (later abbreviated as the district level) allowed by text to be recommended by the order in paragraph 2 This Article performs the digging, search and search. Weapons, explosives.

The profile offers to carry out the digging, by, search for weapons, explosive materials sent to the District People's Committee of the proposed text and a valid copy of the documents that demonstrate the use or management or implementation of the legal work of the proposed site of digging, finding. The organization's explosive material, the individual's offering. In case of digging, the search for weapons, explosives in other areas, the People's Committee, the ward, the town (later abbreviated as the Social People's Committee) or the public office, the district office has the text to recommend the ruling People's Committee. Oh, At the end of the 5-day period as the agency continues to accept the organization's records, the individual must have the text to answer the results.

2. Only the units specialized in the military and the new Air Force are carried out the search, digging for weapons, explosives.

What? 6. The principle of reception, collection, classification, preservation, liquoration, weapons destruction, explosive materials and tools of support.

1. Weapons, explosive materials and support tools provided by the agency, organization, individual detection, presentation, delivery, delivery, capture (including the number of weapons, explosive materials and support tools obtained by the authorities) are required to transfer to the site. deliver the military authority or the Public Security Agency for the prescribed treatment.

2. The recipient of the reception, collection, classification, preservation, liquoration, weapons destruction, explosive materials, and support tools must be trained in military expertise and equipped with protective equipment to ensure safety.

3. The reception, collection, classification, preservation, liquation, weapon destruction, explosive materials, and support tools must ensure safety and restrictions on environmental impact. The transportation of weapons, explosive materials, and support tools, collect the use of specialized vehicles or other vehicles, but ensure safety.

4. The reception, weapons collection, explosive material, and support tools must be conducted regularly or through the movements.

5. Weapons, explosive materials and tools that support the use after being classified will be included in accordance with the rule of law.

Chapter II

SEQUENCE, PROCESS PROCEDURE, COLLECTION, CLASSIFICATION, PRESERVATION, LIQUORATION,

DESTROY WEAPONS, EXPLOSIVES, AND SUPPORT TOOLS.

What? 7. Arms delivery of weapons, explosive materials and support tools.

1. In fact, the Ministry of Public Affairs, the Ministry of Public Security, instructs ministries, the relevant sector in the Central and the People 's Committee of the provinces, the Central Committee of the Central Committee (later known as the Provincial People' s Commission) directed the implementation of the arms delivery. Gas, explosive materials and support tools across the country.

2. The Provincial People's Committee is responsible for directing, instructs the People's Committee of the Department and the authorities under the management authority to open up arms delivery, explosive materials, and local support tools.

3. Stadium organizer

a) The direction of the direction, the instructions.

b) Perform the propaganda work concerning the organization of the movement, which focuses on the responsibility of the functional bodies, the government of the rank and responsibility, the rights of the organization, the individual handed over.

c) Specific regulation of reception and public notice in the mass media.

d) Specific regulation of the movement.

Preparing the conditions necessary for the reception, collection.

e) The organization continues.

What? 8. Authority to receive, collect, classify, liquorate, destroy weapons, explosive materials and tools to support it.

1. Take, collect, classify

a) Military authority, the Security Council, and the People's Committee on the return have the authority to accept, collect weapons, explosives materials, and support tools.

b) Military authority, Public Affairs, District, Town, Town, Province (later abbreviated as district level), the regiment becomes responsible for the classification of weapons, explosive materials, and support tools, collected.

2. Liquor

The direct authority of the regulatory agency at B Point 1 This has the authority to decide the liquoration of weapons, explosive materials, and support tools to conduct the destruction.

3. Destroy

The Military Service, the District Security Council, has the regiment on its way to destroy weapons, detonation materials, and support tools after the decision is made.

What? 9. Presentation, procedure of reception, weapon collection, explosive material and support tools

1. The procedure, procedure

a) A set of reception and full record of information concerning the delivery of weapons, explosive materials, and support tools.

b) Set up a record of the delivery. The border was established in two versions, one for the agency, the organization, the individual delivered, a circulation at the receiving agency.

2. The sequence, the collection procedure

a) Set up a copy and record sufficient information concerning weapons, explosive materials, and support tools that are collected and information related to the agency, organization, individual to report, provide information.

b) The case of weapons, explosive materials, and support tools that do not determine the unit of management or number of weapons, explosive materials and post-war support tools that exist outside of society must organize protection, gathering under jurisdiction.

c) For bombs, mines, grenades, explosions, torpedoes, mines, explosions, explosive materials, missile warheads, artillery shells, and shells of other types or other weapons needed to have specialized technical engineering of the military agency, the Public Security Agency or the People ' s Committee. The information must be notified immediately to the military agency from the county level to collect, handle.

d) proceed to collect.

3. The case of the agency receiving weapons, explosive materials, and tools to assist with signs associated with criminal activity must be exchanged with the authorities to take a regulatory measure under the rule of law.

What? 10. Organization for arms delivery, explosive materials and support tools.

1. The establishment of the table for the military authority to handle regulations on bombs, mines, grenades, explosions, torpedoes, mines, explosions, explosive materials, missile warheads, artillery shells, and shell warheads of receiving, collected, performed as follows:

a) The Public Security Agency and the People's Committee of the People's Committee, granting the district the office of the Military Commission to the Military District.

b) The Provincial Security Agency and the units of the Department of Public Security Statistics the delivery of the provincial military authority.

When the table is written, it is attached to the specific class, quantity, source.

2. The transport of weapons, the prescribed table material at Clause 1 This is due to the military authority of the military authority.

3. The Ministry of Defense specifically regulates the reception, collection, preservation, liquation, bomb destruction, mines, grenades, explosions, torpedoes, mines, explosions, explosive materials, missile warheads, artillery shells, and shell warheads that have received, collected or operated by agencies, units and units. It's the Army of the Army.

What? 11. Protect weapons, explosive materials and support tools, collection, and more.

1. Weapons, explosive materials and support tools have taken over, the collection must be strictly preserved according to regulation. Internal, fire, fire, fire. There are no general conserved in the armory, the gas, the archives, the unit's supplies.

2. The Minister of Defense issued the standard of inventory of weapons, explosive materials and support tools within the management range; the Minister of Public Security issued standards of weapons preservation, explosive materials, and support tools that were not part of the Department of State ' s management. Uh,

What? 12. Presentation, classification procedure, liquoration, destruction and monitoring of weapons destruction, explosive materials and tools supporting the site.

1. Weapons, explosive materials and support tools have taken over, the collection must be statistical, categorisable to determine the quality and value used for disposal.

2. The sequence, classification procedure, liquing

a) Military authority, District Security, the Regiment of Unions, the responsibility for classification of weapons, explosive materials, and support tools, gathered to offer the upper-level body directly to decide on regulation at Section 5 Article 6 of this decree. Or to liquorate, destroy.

b) The superior authority on receiving the recommended text must review and give a written opinion of allowing for the use of weapons, explosive materials, and support tools and the value of use or establishment of the Council to decide the liquoration (the following writing). It's the Council. The composition of the Council of liquers consists of:

-Representative of the authority to decide the liquoration to be Chairman of the Council;

-Representative of the head of technical expertise in the arms of the same level; the agency offers weapons liquoration, explosive materials, and support tools as members of the Council.

3. Presentation, destructive procedure

a) The agency proposed liquoration after being authorized by the liquoration Council to propose the proposed District People's Committee or subordinate authority on the direct management of the approved member of the Regiment to establish the Board of Destruction and the method of destruction. The Board of Destruction is responsible for monitoring during the destruction of weapons, explosive materials, and support tools.

The Board of Destruction Council consists of:

-Representative of the agency's offer of liquoration is the Chairman of the Council.

-Representative of the technical expertise in the gas and the district environment, the People's Committee, where the destruction site is a member of the Council.

b) The method of destruction

The destruction method includes the following: The number of weapons, explosive materials, and support tools must destroy; time, location, destruction form; safety assurance measures, maintenance of the impact on the environment and other required requirements.

c) The number of weapons, the explosive material at risk of loss of safety, requires emergency handling, and not the establishment of the Council of liquoration, the destruction that the Chief of the Army Office, the District Security Council, and the Regiment to decide to destroy. After the destruction must be reported by text to the superior leadership with the authority to decide the liquoration.

d) After the destruction, the inspection must be conducted at the scene, ensuring that all weapons, explosive materials, and destruction tools have been lost to the ability to recover the feature, the effect. The result of the destruction must be established as a compilation, with the confirmation of the President and the Council members.

Chapter III

RESPONSIBILITY FOR RECEPTION, COLLECTION, CLASSIFICATION, PRESERVATION, LIQUORATION,

DESTROY WEAPONS, EXPLOSIVES, AND SUPPORT TOOLS.

What? 13. Ministry of Public Security

1. Guide, direction, check, and organize the implementation of the reception, collection, classification, preservation, liquation, weapon destruction, explosive materials, and authority assistance tools, namely:

a) Weapons, explosive materials and tools of support provided by the agency, organization, individual delivery or possession, unauthorized use;

b) Weapons, explosives, and post-war support tools exist outside of society;

c) Weapons, explosive materials and support tools that are associated with the cases have been processed by regulation or by the authorities detection, seized or indeterminate of the origin.

2. Specific regulation, collection, preservation, classification, liquoration, weapons destruction, explosive materials, and support tools.

3. Command of the Public Security Agency in coordination with the Military Service and the authorities involved in the staff of the People ' s Committee on the same level of directing the implementation of the recognition, collection, classification, preservation, liquoration, weapons destruction, explosive materials and other functions. Backup tools.

4. Specific regulation of the Public Security of Units, localities in the reception, collection, classification, preservation, liquoration, weapons destruction, explosive materials and tools of support.

5. The organization launches arms delivery, explosive materials and support tools across the country.

6. Directed, inspect, instruct the Public Security units, local statistics of bombs, mines, grenades, torpedoes, mines, explosions, explosive materials, missile warheads, artillery shells, artillery shells, and shells of all kinds that have received or collected for delivery to the military authority.

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

8. The petition or by the authority to enact, amend, add the statutes of the rule of law relating to the reception, collection, classification, preservation, liquoration, weapons destruction, explosive materials, and support tools.

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

10. Regulation and organization of training, military training for cadres, soldiers as a receptier, collection, classification, preservation, liquoration, weapons destruction, explosive materials, and support tools, jurisdiction.

What? 14. Defense Department Responsibility

1. Guide, direction, inspection and organization carrying out the reception, collection, classification, preservation, liquoration, weapons destruction, explosive materials and tools of assistance under jurisdiction; in coordination with the People ' s Commission, the Public Security Agency in the implementation of the work. Hey.

2. Specific regulation, collection, preservation, classification, liquoration, weapons destruction, explosive materials, and competentiation tools.

3. Regulations the inspection, transfer, maintenance, liquoration, weapon destruction, explosive materials and equipment support tools in the Army and the Civil Guard.

4. The petition or by the authority to enact, amend, add the statutes of the rule of law relating to the reception, collection, classification, preservation, liquoration, weapons destruction, explosive materials, and support tools.

5. Preliminary, the overall assessment of the situation, the results of the organization implementing the reception, collection, classification, preservation, liquoration, weapons destruction, explosive materials, and support tools.

6. Regulation and organization of training, military training for cadres, soldiers as a reception, collection, classification, preservation, liquoration, weapons destruction, explosive materials, and support tools.

What? 15. The responsibility of the ministries, the industry, the People ' s Committee of the provinces, the Central City

The ministers, the Prime Minister, the government, the government, the chairman of the People's Committee of the provinces, the Central City of the Central Committee of the Funcalization, the mandate of its duties, directed the agencies, the unit within the scope of the management of the tasks:

1. The Organization of Radical and Implementing, effectively, the provisions of the provisions of this decree are functional and authoritated.

2. Command of functional units under management jurisdiction, annual periodically coordination with the military agency or agency of the Security Service, evaluating the quantity, quality of weapons, explosive materials and support tools equipped, managed, used for measures to be handled by the government of the United States. I mean, the rules.

What? 16. The responsibility of the agency, organization, individual in the delivery of weapons, explosive materials and support tools.

1. Agency, organization, individuals who are not equipped or own weapons, explosive materials and support tools under the rule of law that have weapons, explosive materials and support tools from any source of origin (including weapons, explosive materials, and support tools that the agencies have to use). The ability to detect a recovery in the course of the service, must be handed over to the public office or the military authority to handle the provisions of this decree.

2. Agency, organization, individual voluntary delivery of weapons, explosive materials, and support tools are all encouraged and not considered to be infringed. The case has an achievement in the detection, the organ of the organ recovery authorities, the explosive material, and the support tool, which is rewarded under the rule of law.

Cases of storage, transport, purchasing, unauthorized use of weapons, explosive materials, and support tools will be taken seriously under the rule of law.

Chapter IV

FUNDING FOR THE RECEPTION, COLLECTION, PRESERVATION, LIQUORATION,

DESTROY WEAPONS, EXPLOSIVES, AND SUPPORT TOOLS.

What? 17. The funding source guarantees the reception, collection, preservation, liquoration, weapons destruction, explosive materials and tools of support for the company.

1. State Budget.

2. Voluntary Contribution, the funding of organizations, domestic individuals and organizations, foreign individuals.

3. Other funding sources follow the rule of law.

The Ministry of Defence, the Ministry of Public Security, is responsible for annually planning to send the Ministry of Finance to the Ministry of Finance.

What? 18. Use of funding in the reception, collection, preservation, liquoration, weapons destruction, explosive materials and tools to support the project.

The guaranteed funding performs the reception, collection, preservation, liquation, weapon destruction, explosive materials, and support tools used for the following work:

1. Development investments include: Basic construction investments; vehicle procurement costs, acquisition equipment, acquisition, maintenance, liquation, weapons destruction, explosive materials, and support tools.

2. Career expenditures include: Chi for operation and maintenance of regular operations 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; The propaganda, the transportation of arms, explosives, and aid tools and other necessary expenses by law.

The Ministry of Finance chaired, in coordination with the Ministry of Specific Regulation of Management, the use of the guarantee financing for the reception, collection, preservation, liquation, weapons destruction, explosive materials, and support tools.

Chapter V.

EXECUTION CLAUSE

What? 19.

This decree has been in effect since 20 May 2012.

What? 20.

1. Minister of ministries: Public Security, Defence, Finance and ministries, the relevant sector within the scope of the mission, its powers are responsible for guiding and organizing the implementation of this decree.

2. The ministers, the chief of the government, the Prime Minister of the Government, the Chairman of the People's Committee of the provinces, the Central City of the Central Committee, is responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung