Amending the Law on Management and Use of Weapons, Explosives and Supporting Tools to Suit Reality

On the afternoon of May 20, 2024, General To Lam, Politburo member and Minister of Public Security, presented to the National Assembly the Draft Law on Management and Use of Weapons, Explosives and Support Tools (amended).

During 5 years of campaigning, 99,689 guns and many bombs, mines, grenades and explosives were handed over.

According to Minister To Lam, after 5 years of implementing the Law on Management and Use of Weapons, Explosives and Supporting Tools, ministries, branches, People's Committees and Public Security of units and localities have seriously and effectively implemented it, contributing significantly to protecting national security, ensuring social order and safety, serving the socio-economic development of the country. In particular, the management and use of weapons, explosives and supporting tools are strictly ensured, in accordance with regulations, meeting the requirements and combat readiness tasks of the armed forces and other forces.

Minister To Lam presented the Proposal on the draft Law on Management and Use of Weapons, Explosives and Supporting Tools (amended).

"In 5 years, the whole country has mobilized people to hand over 99,689 guns of all kinds and many bombs, mines, grenades, explosives, weapons, and other supporting tools. The Ministry of Public Security has directed the Public Security of units and localities to fight resolutely and effectively against crimes and violations of the law on weapons, explosives, and supporting tools; in 5 years, the whole country has discovered 34,109 cases, arrested 56,027 subjects, and seized 4,975 guns of all kinds" - Minister To Lam informed.

However, in addition to the achieved results, the process of deploying and implementing the Law has encountered some shortcomings, limitations and difficulties. The concepts of weapons, explosives and supporting tools stipulated in the Law on Management and Use of Weapons, Explosives and Supporting Tools 2017 have revealed limitations, failing to meet the requirements of state management and the fight against crime.

Crimes using homemade, primitive weapons are complex but difficult to handle.

In fact, in 5 years, the whole country has detected 28,715 cases, arrested 48,987 subjects illegally using weapons, explosives, supporting tools, knives and knife-like means to commit crimes, of which: Crimes using homemade guns, primitive weapons, knives and knife-like means as tools and means to commit crimes account for a very high rate, detected 27,161 cases, arrested 46,693 subjects (accounting for 94.5% of the total number of cases, 92.8% of the total number of subjects). Thus, crimes using homemade guns, primitive weapons, knives and knife-like means to commit crimes are developing very complicatedly.

Particularly, subjects using knives and knife-like means to commit crimes accounted for a high percentage, with 16,841 cases detected, 26,472 subjects arrested (accounting for 58.6% of the total number of cases, 54% of the total number of subjects). Many cases involved subjects using sharp knives, pointed knives, sharp knives with very high lethality, committing crimes in a very reckless, cruel, and savage manner, causing public outrage, confusion, and anxiety among the people.

"In reality, investigating cases shows that criminal proceedings can only be conducted when there is sufficient evidence to conclude that the subject has committed other crimes such as murder, robbery, intentional injury, etc. It is not possible to prosecute the subject for illegal possession and use of weapons because the Law on Management and Use of Weapons, Explosives and Supporting Tools does not stipulate that knives are weapons," Minister To Lam explained.

Leaders and delegates attending the meeting.

In addition, the number of subjects illegally using homemade guns is much higher than the number of subjects illegally using military guns (1,783/333 cases, 2,589/546 subjects). When these weapons are used to commit crimes, they cause particularly serious and dangerous consequences like military weapons, but according to the law, homemade guns are not included in the list of military weapons, are not equipped for the people's armed forces and other forces to perform official duties, and it is strictly forbidden to manufacture, produce, trade, transport, store, and use these weapons.

Therefore, subjects have taken advantage of loopholes in the law to illegally manufacture, store, buy, sell, transport, and use homemade guns, knives, and tools and means similar to primitive weapons. If not promptly prevented and strictly handled, there will be a potential risk of causing insecurity and disorder. Therefore, it is necessary to amend and supplement regulations on the concepts of weapons, explosives, and supporting tools to ensure compliance with reality.

Administrative procedure reform, utilizing foreign resources

According to Minister To Lam, the Law on Management and Use of Weapons, Explosives and Supporting Tools currently has 30 articles regulating procedures for granting licenses and certificates for weapons, explosives, explosive precursors and supporting tools, which requires agencies, organizations and enterprises to directly submit applications to the competent licensing authority along with many types of documents. Therefore, in order to reform and simplify administrative procedures, creating favorable conditions for agencies, organizations, enterprises and people, it is necessary to reduce unnecessary documents and receive applications for handling administrative procedures on the National Public Service Portal and the Administrative Procedure Handling Information System of ministries and branches.

Chairman of the National Defense and Security Committee Le Tan Toi presented the inspection report.

In reality, many agencies, organizations, businesses and individuals of other countries donate, present and provide weapons and support tools to domestic agencies and organizations for research, production or equipment for subjects as prescribed by law. However, Article 5 of the Law on Management and Use of Weapons, Explosives and Support Tools 2017 strictly prohibits the exchange, donation, giving, sending, borrowing, lending, renting, leasing and mortgaging of weapons, explosives and support tools.

"Therefore, in order to take advantage of foreign resources to support Vietnam in researching, producing, equipping and using weapons and support tools, it is necessary to supplement regulations allowing domestic agencies, organizations and enterprises to receive weapons and support tools donated, presented or aided by foreign agencies, organizations, enterprises and individuals," Minister To Lam analyzed.

In addition, the Law on Management and Use of Weapons, Explosives and Supporting Tools 2017 stipulates that licenses to use military weapons, sports weapons and supporting tools are valid for 5 years, after which they can be renewed; some types of supporting tools are granted registration certificates and have no validity period. However, in reality, the types of weapons and supporting tools do not have changes in brand, symbol, or serial number; every year the management and licensing agency conducts inspections, while the renewal of licenses to use incurs many costs.

"In addition, the license to use and the certificate of confirmation are both licenses granted to agencies, organizations and enterprises to use weapons and support tools to perform tasks. Therefore, it is necessary to amend and supplement the regulations on granting licenses to use weapons and support tools in the direction of not specifying a time limit and changing the issuance of registration certificates to granting licenses to use," Minister To Lam stated. At the same time, a number of regulations on research, production, trading, transportation and use of industrial explosives in the Law on Management and Use of Weapons, Explosives and Support Tools 2017 need to be amended and supplemented to ensure consistency with reality, creating favorable conditions for agencies, organizations and people.

View of the hall.

The Draft Law on Management and Use of Weapons, Explosives and Supporting Tools (amended) consists of 8 chapters and 74 articles, which stipulate the management and use of weapons; management and use of explosives; management and use of explosive precursors; management and use of supporting tools; regulations on receiving, collecting, classifying, preserving, liquidating and destroying weapons, explosives and supporting tools; on state management of weapons, explosives, explosive precursors and supporting tools...

Create a solid legal corridor to prevent and combat crimes in this field.

Through examination, the majority of opinions of the members of the National Defense and Security Committee (NDSC) agreed on the necessity of amending the Law on Management and Use of Weapons, Explosives and Supporting Tools 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; 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.

However, there are opinions suggesting that the Government continue to direct the review of 4 groups of policies regulating the concept; management of business activities, export and import of knives and other supporting tools with high lethality; allowing foreign organizations and enterprises to donate, present, and aid weapons and supporting tools to Vietnam; declaring primitive weapons as knives with high lethality to ensure the feasibility of policies...

Regarding the subjects, conditions, authority, procedures for receiving, managing and using weapons and support tools donated, given or aided by foreign organizations, enterprises and individuals (Article 16), the majority of opinions of the members of the National Defense and Security Committee basically agreed to add regulations allowing domestic agencies, organizations and enterprises to receive weapons and support tools donated, given or aided by foreign organizations, enterprises and individuals in order to take advantage of resources in researching, producing, equipping and using weapons and support tools.

"There are opinions suggesting that the regulations on receiving weapons and support tools should be limited to the priority of receiving modern weapons and tools that apply new scientific and technological achievements; at the same time, regulations should be made to limit or prohibit the reception of primitive weapons; other opinions suggest regulations in the direction of assigning the Prime Minister the authority to approve the reception of weapons and support tools based on the proposals of competent agencies; at the same time, the procedures for receiving should be adjusted to ensure strictness right in the draft law" - Chairman of the National Defense and Security Committee Le Tan Toi said.

Quynh Vinh - Le Hoa - Ministry of Public Security Portal

Source: https://bocongan.gov.vn/tin-hoat-dong-cua-bo/sua-luat-quan-ly-su-dung-vu-khi-vat-lieu-no-va-cong-cong-con-ho-tro-de-phu-hop-thuc-tien-t39098.html