The National Assembly Standing Committee gave opinions on the draft Law on Management and Use of Weapons, Explosives and Supporting Tools (amended).
The problem when knives are not regulated as weapons
Reporting at the meeting, Minister of Public Security To Lam said that on June 20, 2017, at the 3rd Session, the 14th National Assembly passed Law No. 14/2017/QH14 on the management and use of weapons, explosives and supporting tools, effective from July 1, 2018.
After 5 years of implementation, besides the achieved results, the process of deploying and implementing the Law has encountered some shortcomings, limitations and difficulties.
According to the Minister of Public Security, in reality, crimes using knives to commit crimes account for a large proportion. In many cases, subjects use sharp, pointed knives with high lethality, committing crimes in a very reckless manner, causing public outrage. However, subjects cannot be prosecuted for illegal possession and use of weapons because the current Law does not define knives as weapons.
Minister of Public Security To Lam presented a report at the meeting.
In addition, the situation of subjects illegally using homemade guns and primitive weapons is very complicated, causing particularly serious and dangerous consequences like military weapons, but according to the provisions of the current Law, homemade guns and primitive weapons are not included in the list of military weapons.
Therefore, it is necessary to add regulations on homemade guns to the group of military weapons; high-damage knives are primitive weapons. When a subject uses primitive weapons with the purpose of illegally infringing on human life and health, they are identified as military weapons with the purpose of adjusting the subject's perception and behavior, reducing the source of crime.
In addition, to reform and simplify administrative procedures, it is necessary to review the procedures for granting licenses and certificates for weapons, explosives, explosive precursors, and supporting tools to reduce unnecessary paperwork and receive administrative procedure settlement records on the Public Service Portal; amend and supplement regulations on granting licenses to use weapons and tools in the direction of not specifying time limits and switching the issuance of registration certificates to the issuance of use licenses.
Another issue pointed out by Minister To Lam is that currently, many foreign agencies, organizations, businesses and individuals have the need to donate, present, and provide weapons and support tools to domestic agencies; however, the current Law strictly prohibits the donation, present, and provision of weapons and support tools.
Therefore, in order to take advantage of resources from abroad, it is necessary to supplement regulations allowing domestic agencies, organizations and enterprises to receive weapons and support tools donated, donated, or aided by foreign agencies, organizations, enterprises and individuals...
Creating a solid legal corridor in state management and crime prevention and combat
In the preliminary review report of the draft Law, Chairman of the National Assembly's Committee on National Defense and Security Le Tan Toi said that the Standing Committee of the Committee basically agreed on the necessity of promulgating the Law on Management and Use of Weapons, Explosives and Supporting Tools (amended) to fully and promptly institutionalize the Party's guidelines and policies, the State's policies and laws on strengthening the management and use of weapons, explosives and supporting tools.
The amendment of the Law also aims to reform administrative procedures, reduce unnecessary paperwork to ensure compliance with reality, create favorable conditions for agencies, organizations and people; create a solid legal corridor in State management and prevent and combat crimes and violations of the law in this field; at the same time, overcome shortcomings, limitations and obstacles in the process of implementing and applying the Law in the past.
Chairman of the National Assembly's Committee on National Defense and Security Le Tan Toi reported at the meeting.
The draft Law submitted by the Government has fully complied with the documents prescribed in Article 64 of the Law on Promulgation of Legal Documents, and is eligible to be reported to the National Assembly Standing Committee for comments to be submitted to the National Assembly at the 7th Session.
However, Chairman Le Tan Toi also emphasized that in order for the amendments and supplements to be comprehensive, appropriate, consistent, consistent, feasible and to limit multiple amendments and supplements, the Standing Committee of the National Defense and Security Committee requested the Drafting Committee to more comprehensively assess the achievements and difficulties, obstacles and shortcomings in organizing the implementation of the Law, and to assess more carefully and have a political, legal and practical basis for supplementing some contents in the draft Law.
At the meeting, delegates discussed and clarified the necessity of amending the Law on Management and Use of Weapons, Explosives and Support Tools as well as the constitutionality and legality of the draft Law in the current legal system; the scope of regulation of the draft Law and the suitability, ensuring synchronization, unity and feasibility of the draft Law...
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