National Assembly agrees on regulations on "highly lethal knives"

The draft law was approved by 459/468 delegates participating in the vote (accounting for 94.44% of the total number of National Assembly delegates) in the working session this morning, June 29, at the 7th Session.

3 “high-damage knife” management modes linked to usage purposes

Previously, presenting a report explaining, receiving and revising the draft law, Mr. Le Tan Toi - Chairman of the National Defense and Security Committee said that many opinions agreed to stipulate that knives with high lethality belong to the group of primitive weapons as a basis for handling crimes using knives to commit crimes; however, it was suggested that the regulation should be more appropriate and not affect production, business activities and people's daily lives.

Other opinions suggest studying the list of regulations; suggesting assigning the Government to specify regulations to have a unified understanding and implementation in practice; at the same time ensuring safety in production, business, export, import, transportation, and use of knives with high lethality.

National Assembly delegates press the voting button in the hall, morning of June 29.

The Standing Committee of the National Assembly explained that the draft Government proposed adding highly lethal knives to strengthen management and create a legal basis to prevent and stop illegal acts of using highly lethal knives.

To ensure clarity, strictness, and conformity with the requirements of state management and the fight against crime, based on the opinions of National Assembly deputies, the Standing Committee of the National Assembly directed the addition of Clause 6, Article 2 to explain the term “highly lethal knives”. Based on the explanation of that term, the Standing Committee of the National Assembly proposed to stipulate 3 management regimes for “highly lethal knives” associated with the purpose of use.

Specifically, the use of “highly lethal knives” for work, production, and daily activities is not considered a weapon, but must be strictly managed and ensure safety, in order to prevent and stop the risk of using “highly lethal knives” for illegal purposes.

Accordingly, the law assigns the Government to base on the provisions of this law to regulate the management of production, business, export, import, use and transportation of "highly lethal knives".

In case of using a "highly lethal knife" for the purpose of committing a crime, causing disturbance, disturbing public order or opposing an agency, organization performing a task or a person performing official duties, it is considered a primitive weapon (Point b, Clause 4, Article 2).

In case of using a "highly lethal knife" with the purpose of illegally infringing on human life and health, it is considered a military weapon (Point d, Clause 2, Article 2).

To ensure consistency in law enforcement, the Standing Committee of the National Assembly has directed relevant agencies to review the provisions of the Penal Code related to rudimentary weapons and military weapons to issue unified documents guiding the application of regulations on criminal acts related to highly lethal knives when the law comes into effect.

Management and declaration of primitive weapons

Also according to Mr. Le Tan Toi, some opinions suggested clarifying the necessity; purpose of the declaration activity and the scope of primitive weapons that need to be declared.

Another opinion is that regulations on management and declaration of primitive weapons, including knives, are difficult to implement, will create administrative procedures, causing difficulties for organizations, businesses and individuals in the production and trading of knives; affecting people's lives and activities, and it is recommended to consider regulations to ensure they are suitable for reality.

The Standing Committee of the National Assembly finds that primitive weapons are special means, directly related to human life and health and the work of ensuring security and order, and need to be strictly managed.

In the activities of displaying, exhibiting, and making heirlooms, there are primitive weapons that are still capable of causing harm; currently, many museums have a very large number of artifacts.

The regulation on declaration of primitive weapons is inherited from the current Law, necessary for strict management and as a basis for verification and determination of responsibility when violations occur. Therefore, the Standing Committee of the National Assembly proposes to keep this regulation as in the draft Law submitted by the Government.

However, taking into account the opinions of the National Assembly deputies, the Standing Committee of the National Assembly directed to revise the name of Article 31 of the draft Law on Acceptance and Amendment to "Declaration of primitive weapons for display, exhibition, and as heirlooms"; at the same time, adding a provision limiting the declaration of "primitive weapons specified in Point a, Clause 4, Article 2".

This Law takes effect from January 1, 2025. Regarding the regulation on the management and use of highly lethal knives in Article 74 of the draft Law on Acceptance and Amendment, the Standing Committee of the National Assembly finds that to implement this regulation, it takes time to develop and promulgate regulatory documents and time for organizations, businesses and individuals to prepare for implementation, so it is proposed that the National Assembly stipulate that it will take effect from January 1, 2026.

Source: https://baolaocai.vn/quoc-hoi-thong-nhat-quy-dinh-ve-dao-co-tinh-sat-thuong-cao-post386049.html