National Assembly deputies of Quang Tri province discuss the Law on Management and Use of Weapons, Explosives and Supporting Tools

Continuing the program of the 7th session of the 15th National Assembly , this afternoon, May 24, the National Assembly discussed in groups a number of new contents or those with different opinions of the draft Law on Management and Use of Explosives and Support Tools.

National Assembly Deputy Nguyen Huu Dan speaks at the discussion session - Photo: NTL

Speaking at the discussion session, National Assembly Deputy, Commander of the Quang Tri Provincial Military Command, Colonel Nguyen Huu Dan said: The draft law has up to 7 articles assigning the Government and a number of ministries and branches to detail a number of related contents and fields that may lead to negativity and group interests and suggested that the drafting agency study the issued regulations and implementation instructions of related laws and regulations to inherit and directly include them in this draft law. At the same time, it is necessary to absorb the opinions of experts and scientists in related fields so that the promulgated law has detailed, specific and appropriate regulations, limiting the implementation of documents under the law.

Regarding the regulations on the preservation of weapons, explosives, and supporting tools received and collected in Article 67, according to the delegate, although the Ministry of Public Security has been assigned to promulgate technical standards for warehouses for the preservation of weapons, explosives, and supporting tools received and collected that are not under the management of the Ministry of National Defense, there are still problems because this is not a new regulation but it is very difficult to implement. Especially for units such as district-level police, because of the funding issue, there must be regulations on the arrangement of storage warehouses at locations within the district-level unit to ensure safety and fire prevention, and the regulation that received and collected weapons, explosives, and supporting tools cannot be stored together in the unit's weapons, equipment, document warehouse, and supplies warehouse because it will conflict with the implementation of preserving evidence of the case, which is military weapons, explosives, and flammable substances.

Because according to current regulations, military weapons, explosives, and flammable substances are evidence in a case that are sealed and deposited at the weapons and technical equipment warehouse of the Provincial Military Command where the agency handling the case is headquartered.

Immediately after being seized, the quantity and weight of evidence in a case must be determined and samples must be taken for examination; the agency handling the case must seal it and send it to the evidence warehouse of the Military Command at the provincial level where the agency handling the case is located for preservation. Evidence warehouses of investigation agencies and civil enforcement agencies are not allowed to keep or preserve evidence in the form of military weapons, industrial explosives, and explosive precursors.

However, in reality, up to now, the Provincial Military Command has not had a specialized warehouse to preserve the above type of evidence, although the investigation agency has coordinated with the Procuracy to urgently handle this type of evidence, but while waiting for the conclusion of the appraisal (within 9 days according to the provisions of the Criminal Procedure Code) and agreeing in writing, exchanging, agreeing on the time, force, and means to handle, this amount of evidence is kept at the agency handling the case, increasing the risk of fire and explosion, threatening the lives and health of officers, soldiers and the office. Therefore, the delegate suggested that the drafting committee accept and amend the above provisions to facilitate the application of this law in practice.

Regarding the regulations on procedures for granting licenses to use sports weapons. The application for a license to use sports weapons must include a written request, including the content of the "sports weapons license number". Thus, organizations and enterprises that have a license to equip sports weapons must continue to carry out procedures to use the equipped sports weapons.

This management measure seems to be unnecessary, creating a burden of administrative procedures for businesses operating in the sports sector. Businesses operating in the sports sector applying for a license to equip sports weapons will of course have to use these sports weapons. Businesses must carry out two consecutive procedures, while the application dossier has many overlapping points and is carried out at the same licensing agency, which will cause businesses to have to carry out many procedures, increasing compliance costs. It is recommended that the drafting committee study and have appropriate regulations.

At the same time, the delegates also reflected on the difficulties in the investigation of the case related to explosives with evidence of detonators, based on the number of detonators collected to determine the penalty framework. Pursuant to Resolution No. 03/2022/NQ-HDTP dated September 9, 2022 of the Council of Judges of the Supreme People's Court guiding the application of a number of provisions in Articles 304, 305, 306, 307 and 308 of the Penal Code, Article 4 on a number of circumstances determining the penalty framework only has the concept of detonators, not the concept of detonators. The process of requesting an appraisal by the Provincial Police's Criminal Technical Department only concluded on the features and effects of detonators, not whether detonators and mines are the same, causing difficulties in the investigation.

Nguyen Thi Ly

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