Nghị định 47/CP năm 1996 về quản lý vũ khí, vật liệu nổ và công cụ hỗ trợ

DECREE

ON THE MANAGEMENT OF WEAPONS, EXPLOSIVES AND SUPPORT INSTRUMENTS

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;
In order to enhance the management of weapons, explosives and support instruments and to meet the requirement of combat readiness to defend the Fatherland and maintain national security, social order and safety;
At the proposals of the Minister of the Interior, the Minister of Defense, the Minister of Industry and the General Director of the General Department of Sports and Physical Training,

DECREES:

Chapter 1

GENERAL PROVISIONS

Article 1.- To issue together with this Decree the "Regulation on the Management of Weapons, Explosives and Support Instruments" stipulating the responsibilities of the Ministries, ministerial-level agencies, agencies attached to the Government, the People�s Committees of the provinces and the cities directly under the Central Government in the management of weapons, explosives and support instruments.

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Article 3.- The heads of the organizations which are equipped with, use or maintain weapons, explosives and support instruments shall take the direct responsibility of managing and using the weapons, explosives and support instruments under their management.

Article 4.-

1. Organizations and individuals with achievements in discovering, collecting and remitting weapons, explosives and support instruments, preventing and fighting against violations of the provisions on their management shall be commended and rewarded.

2. Organizations and individuals that violate the provisions on the management of weapons, explosives and support instruments shall, depending on the seriousness and nature of the violation, be subject to disciplinary measures, administrative sanctions or examined for penal liability; they shall have to pay compenstation for any material damage.

Article 5.- The State agencies shall coordinate with the Vietnam Fatherland Front and its member organizations in popularizing and educating the people about, and encouraging them to strictly observe, the provisions on the management of weapons, explosives and support instruments .

Chapter II

STATE MANAGEMENT OVER WEAPONS, EXPLOSIVES AND SUPPORT INSTRUMENTS

Article 6.- The Government shall perform unified management over all kinds of weapons, explosives and support instruments on a national scale.

Article 7.- The Ministry of the Interior shall assist the Government in managing the weapons and support instruments not under the management of the Ministry of Defense and shall have the responsibility to:

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2. Register and grant permits for the use, transport, purchase and repair of weapons and support instruments; grant permits for the transport of explosives to the objects defined in Item 1 of this Article.

3. Issue permits to bring in or out of Vietnamese territory weapons and support weapons to ptotect Heads of State and Government leaders; for sport practice and competition, advertisement, exhibitions and product marketing.

4. Organize the issue of certificates of fully meeting the criteria for security, order and safety, fire prevention and extinction to depots and establishments engaged in the production, business and repair of weapons, explosives and support instruments.

5. Regrade, liquidate and destroy military weapons, explosives, hunting rifles and support instruments.

6. Coordinate with the General Department of Sports and Physical Training in stipulating the management regime, the objects to be equipped with sport weapons and grant permits for their use to units, clubs, schools or centers for sports training and competition; regrade, liquidate and destroy sport weapons.

7. Control the management and use of different kinds of weapons, explosives, support instruments and handle violations as prescribed by law.

Article 8.- The Ministry of Defense shall assist the Government in managing all kinds of weapons, explosives and support instruments under its management and shall have the responsibility to:

1. Define specific objects to be equipped with weapons, explosives and support instruments of various kinds in the regular army, the border guard, the local army and the militia and self-defense force.

2. Register and grant permits for the use of weapons and support instruments to the objects defined in Item 1 of this Article.

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4. Set up establishments engaged in the production and repair of military weapons, sport weapons and support instruments in the army.

5. Receive, handle and destroy military weapons, different kinds of bombs, mines, grenades, launching powder and explosives handed over by organizations and individuals.

6. Control the management and use of military weapons, explosives and support instruments by the objects equipped by the Ministry of Defense.

7. Perform or coordinate with the Ministry of the Interior in performing the repair, regradation and liquidation of military weapons, explosives and support instruments.

Article 9.- The Ministry of Industry shall have the responsibility to:

1. Perform the function of State management over the State enterprises in the production, supply and use of industrial explosives.

2. Issue certificates of qualification for operation to the establishments engaged in the production, supply and use of industrial explosives after they are granted the certificate of fully meeting the criteria for security and order by the Ministry of the Interior.

3. Take the main responsibility and coordinate with the concerned branches in formulating the general plan on the development of industrial explosives.

4. Take the main responsibility and coordinate with the Ministry of the Interior or the Ministry of Defense in checking the establishments engaged in the production, supply and use of industrial explosives.

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1. Manage all kinds of sport weapons in service of sport training and competition.

2. Take the main responsibility and coordinate with the Ministry of the Interior in stipulating the objects to be equipped with sport weapons among the units, clubs, schools or centers for sport training and competition.

3. Check the management and use of sport weapons supplied to sport training and competition establishments..

4. Take the main responsibility and coordinate with the Ministry of the Interior in liquidating, regrading and destroying sport weapons of various kinds.

Article 11.- The Ministries, ministerial-level agencies, agencies attached to the Government shall have the responsibility to:

1. Coordinate, within the scope of their tasks and powers, with the Ministry of the Interior, the Ministry of Defense, the Ministry of Industry, the General Department of Sports and Physical Training in strictly observing the State provisions on the management of weapons, explosives and support instruments.

2. Take responsibility for the use and maintenance of weapons, explosives and support instruments supplied to the units under their management.

3. Inventorize and register the supplied weapons, hunting rifles and support instruments with a competent police office.

Article 12.- The People�s Committees of the provinces and the cities directly under the Central Government shall have to guide the local specialized branches and the People�s Committees at lower levels in organizing the implementation of the provisions on the management of weapons, explosives and support instruments.

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Chapter III

IMPLEMENTATION ORGANIZATION

Article 14.-

1. From September 1st, 1996, a general inspection and renewal of permits for the use of weapons, explosives and support instruments shall be conducted on a national scale.

2. The Ministry of the Interior shall take the main responsibility and coordinate with the Ministries, branches and People�s Committees of the provinces and the cities directly under the Central Government in conducting the general inspection and renewal of permits for the use of military weapons, sport weapons, hunting rifles and support instruments.

3. The Ministry of Defense shall conduct a general inspection and renewal of permits for the use of weapons and support instruments in the forces under its management.

4. Organizations and individuals shall have to declare all the weapons, explosives and support instruments in their possession to the competent police and military offices.

5. The Ministry of Defense and the Ministry of the Interior shall stipulate the forms of permits for the management of weapons and support instruments.

6. The Ministry of Finance shall coordinate with the Ministry of the Interior and the Ministry of Defense in guiding the collection and use of the fees on the application for permits, the remuneration in this work as well as the funding for the general inspection, registration and issue of permits for the use of weapons, explosives and support instruments.

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1. The Ministers, the Heads of the ministerial-level agencies and agencies directly attached to the Government, the Presidents of the People�s Committees of the provinces and the cities directly under the Central Government shall have to implement this Decree.

2. The Minister of the Interior, the Ministry of Defense, the Minister of Industry, the General Department of Sports and Physical Training, the Minister of Trade, the Minister of Agriculture and Rural Development and the Minister of Finance shall, within the scope of their functions, have to guide the implementation of this Decree.

Article 16.- This Decree takes effect from the date of its signing and replaces Decree No.246-CP of May 17, 1958, Decree No.175-CP of December 11, 1964, Decree No.33-CP of February 24, 1973 of the Council of the Government. The earlier provisions which are contrary ttho is Decree are now annulled.

ON BEHALF OF THE GOVERNMENT
THE PRIME MINISTER




Vo Van Kiet

 REGULATION

ON THE MANAGEMENT OF WEAPONS, EXPLOSIVES AND SUPPORT INSTRUMENTS
(issued together with Decree No.47-CP of August 12, 1996)

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GENERAL PROVISIONS

Article 1.-

1. Weapons include:

a/ Military weapons consisting of pistols, rifles, machine guns; artillery, missile-launching pads, mortars, toxic chemicals and the radioactive sources, ammunitions, bombs, mines, torpedoes and water mines, military explosives, fire bombing instruments and other weapons used for security and defense purposes.

b/ Sport weapons consisting of specialized sport rifles and pistols of various calibers; all kinds of compressed-air guns, and other weapons used in sport training and competitions and all kinds of ammunitions used for the aforesaid sport guns.

c/ Hunting rifles consisting of one or multi-barreled hunting rifles of various calibers, automatic or non-automatic, compressed-air guns of various calibers, flintlocks, muskets, self-made guns and ammunition, cartridges, detonators and gun powder used for the aforesaid guns.

d/ Rudimentary weapons consisting of daggers, swords, spears, broadswords, three-pronged spears, great scimitars, falchions, or hard-material punches, bows and crossbows, clubs, and others defined by the Ministry of the Interior.

2. Industrial explosives consisting of explosives and explosion-igniting auxiliaries (percussion caps, fuses, fuse wire...) used in industrial production and for other civil purposes.

3. Support instruments consisting of: rubber rods, electric rods, electric sticks, electric gloves, tear-gas grenades, tear gas, asphyxiating, poison or anaesthetizing gas-guns or sprayers; rubber or plastic bullet shooting guns, laser guns, nail-shooting guns, magnetic guns and other kinds of support instruments.

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Article 3.-

1. Organizations and individuals are strictly forbidden to illegally produce, repair, sell, purchase, bring in and out of the country, transport, store, use, donate or exchange weapons, explosives and support instruments of any kind.

2. Vietnamese organizations and individuals; foreign organizations and individuals wishing to bring into or out of the Socialist Republic of Vietnam weapons and support instruments to protect the heads of State and Government leaders, or weapons, explosives and support instruments in service of sport training and competitions, exhibition, display and marketing must have a permit granted by the Ministry of the Interior.

Article 4.- The military weapons, sport weapons, rudimentary weapons and support instruments which are thus supplied must be placed and strictly managed at the office or establishment and shall be assigned to the persons on duty, in training or competition; It is strictly forbidden to bring them home or carry them along while not on duty (except the cases defined in Item 2, Article 12 of this Regulation.)

- Explosives must be strictly managed in accordance with this Regulation so as to serve the defense, security and production purposes under the State plan. Illegal use of explosives is strictly forbidden.

- Hunting rifles shall be used only for hunting and entertaining activities at the places and time prescribed by a competent State agency.

Article 5.-

1. If organizations or individuals that are not allowed to carry, keep or use weapons, explosives or supportive instruments but are currently possessing them from whatever source, must declare and hand them over to the police or military office at any level.

2. Citizens shall have the obligation to discover and inform competent agencies of any illegal production, repair, transport, storing, trading and use of weapons, explosives and support instrumtsen. Any found weapon, explosive or supportive instrument must be handed over to the local police or military office. Reward and commendation shall be considered on a case-by-case basis as prescribed.

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Article 6.- The following persons shall be entitled to check the carrying, use and maintenance of weapons, explosives and support instruments:

a/ Members of the People�s Police on duty.

b/ The members of the Military Control Teams and Border Guard Patrols shall be entitled to check armymen and members of the militia and self-defense force.

c/ The heads of the communal police and military force shall be entitled to conduct checks within the area of the commune under their charge; The commander of the border guard station shall be entitled to conduct check within the area under the charge of his/her border guard station.

d/ The district police chief and military commander and the head of the provincial police�s professional bureau shall be entitled to examine in accordance with their functions and tasks and within the area under their charge.

e/ The provincial police chief and military commander and the Director of the Professional Department under the Ministry of the Interior and the Director of the Department of Weaponry and Ammunitions and the Director of the Operation Department under the Ministry of Defense.

f/ Officers and men of the People�s Police and People�s Army who monitor the management of weapons, explosives and support instruments shall be entitled to conduct checks in accordance with their functions and within the areas under their charge.

g/ Ranger personnel on duty shall be entitled to check the use of hunting rifles within the area under their charge.

h/ The departmental-level head in charge of industrial explosives under the Ministry of Industry; the Director of the provincial/municipal Industrial Service; The Ministry of Industry�s inspectors in charge of explosives shall be entitled to check the production, supply and use of industrial explosives in the State enterprises.

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Chapter II

MANAGEMENT OF MILITARY WEAPONS AND SPORT WEAPONS

Article 8.- The following objects shall be equipped with military weapons and sport weapons:

1. The objects to be assigned military weapons:

a/ The People�s Army;

b/ The People�s Police;

c/ The Militia and self-defense force;

d/ The anti-smuggling team of the Customs and the Customs stations at the border gates.

e/ The Aviation Security Team;

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g/ The specialized guard in a number of State agencies and enterprises.

2. The objects that are assigned sport weapons include: State units, clubs, schools or centers for sport training and competition.

Article 9.- The production and repair of military weapons and sport weapons shall be carried out only in the police and army establishments, which must ensure the standards on safety, environmental sanitation; have necessary facilities to prevent and fight against fires, explosions and toxicity; and facilities to prevent and control losses and damage as stipulated by the Ministry of the Interior or the Ministry of Defense.

- In special cases, a number of State enterprises which meet all the conditions and criteria as stipulated, may be permitted to produce and/or repair some parts of military weapons and sport weapons at the request of the Minister of the Interior and/or the Minister of Defense.

The Minister of the Interior and the Minister of Defense shall stipulate in detail the management of the establishments engaged in the production and repair of military weapons and sport weapons.

Article 10.- The export and import of sport weapons shall be decided by the Prime Minister at the proposal of the General Director of the General Department for Sports and Physical Training after consulting with the Minister of the Interior.

Article 11.- The Ministry of Defense shall be responsible for the supply and assignment of military weapons to the objects defined in Points d, e, f and g, Article 8 of this Regulation after these objects have received written permission from the Ministry of the Interior. After receiving the weapons, the said agencies and units must complete the procedures for registering and applying for a permit for their use at the police office as prescribed.

Article 12.-

1. Permits for use of military weapons or sport weapons shall be granted only to agencies and establishments .

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Article 13.-

1. The persons assigned to keep and use military weapons and sport weapons must meet the following conditions and criteria:

- Having a definite and responsible position and a certificate of training in weapon maintenance and use and the ability to expertly handle the assigned weapons.

- Having a recognized good ethical record.

- Being physically fit.

2. When carrying weapons on duty, they must always carry along their use permit.

3. When the persons assigned to maintain and use military weapons and sport weapons change to another job, retire, give up their job, move to another branch or no longer meet the criteria and conditions defined in Item 1 of this Article, they must return the weapons to their agencies or establishments. The agencies or establishments concerned shall have to check and fully collect these weapons.

4. In case of loss of a weapon, its use or transport permit, the concerned person must immediately report it to the local police office and the permit issuing agency.

Article 14.- The persons assigned to manage the military or sport weapon depots must meet the following conditions and criteria:

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- Having attended training in and issued with a qualification certificate on weapon management.

- Having a thorough knowledge of the rules and regime on weapon depot management and maintenance.

Article 15.-

1. The military weapons and sport weapons depots must:

- Be designed and built in conformity with the technical norms.

- Have the rules and plans for protection, fire prevention and extinction and safety facilities.

- Be under constant guard.

- Keep records, monitor the situation and observe the regular and irregular reporting regime.

2. The places where military and sports weapons are stored in the assigned agencies and establishments must have maintenance men as well as facilities and conditions to ensure safety and the long-term use of the weapons.

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Article 17.-

1. The repair of military and sport weapons must be done with a permit granted by the police or military office (for the establishments managed by the Ministry of Defense) at the provincial or higher level. The repair of military and sport weapons shall be done only at the establishments prescribed in Article 9 of this Regulation and in conformity with the stipulations in the permit.

2. A Council must be set up for the regradation, liquidation or destruction of military and sport weapons. The Council for regrading, liquidating or destroying military weapons shall be decided by the Minister of Defense or by the Minister of the Interior. The Council for regrading, liquidating or destroying sport weapons shall be decided by the General Director of the General Department for Sports and Physical Training after consulting the Minister of the Interior.

The Ministry of the Interior, the Ministry of Defense and the General Department for Sports and Physical Training shall detail the regradation, liquidation and destruction of military weapons and sport weapons.

Article 18.-

1. The police or military office must receive and promptly handle as prescribed any military or sport weapons scdiovered, collected and remitted by organizations or individuals.

2. The Ministry of Defense shall have to receive and handle the bombs, mines, hand grenades, ammunition, bullets, launching powder and military explosives remitted by organizations or individuals. Where it is necessary to recycle military explosives into industrial ones, a recycling plan must be drawn up, approved by the Ministry of Defense and implemented in accordance with the provisions of Decree No.27-CP of April 20, 1995; Decree No.86-CP of December 8, 1995 and Decree No.02-CP of January 5, 1995 of the Government.

Chapter III

MANAGEMENT OF HUNTING RIFLES

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Article 20.- The following people shall not be allowed to use hunting rifles:

- Under prosecution or serving a criminal sentence.

- Having a previous criminal record.

- Serving one of the decisions: re-education at the commune, ward or township; forcible administrative confinement; or forcible admission to a re-education center or a medical treatment center.

- Suffering a mental illness or losing the capability ofr controlling his/her acts.

- Being physically unfit.

Article 21.- The manufacturer, repairer or trader of hunting rifles must meet the following conditions:

- Meeting all the conditions and criteria defined in Decree No.17-CP of December 23, 1992 of the Government on the management of special businesses.

- Being none of the cases defined in Article 20 of this Regulation.

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Article 22.- The purchaser of a hunting rifle must meet all the conditions and criteria for using it and must have a permit granted by a competent police office.

Hunting rifles shall be sold only to the persons who have a purchase permit granted by a competent police office.

Article 23.- The dossier of application for a permit to manufacture, repair, buy, sell or use hunting rifles shall include:

- An application.

- A curriculum vitae (certified by the commune People�s Committee)

- An identity card.

- Two photos size 4cm x 6cm.

The Ministry of the Interior shall detail the procedure for granting the permits.

Article 24.- The user of a hunting rifle must report to the police office which has granted the permit in one of the following cases:

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- Changing the conditions of the rifle, losing it, or it is irreparably damaged.

- The permit is lost or damaged.

Article 25.- The following acts are strictly prohibited:

- Using hunting rifles at variance with the regulations.

- Illegally designing, manufacturing or repairing hunting rifles.

- Converting or repairing military or sport weapons into hunting rifles.

- Purchasing, selling, hiring, leasing, lending, exchanging, donating or mortgaging hunting rifles and/or using permits at variance with the regulations.

- Hunting in cities, provincial towns, densely-populated areas and other places where hunting is forbidden.

Article 26.- The owner of a hunting rifle must produce all the related permits and his/her hunting rifle (s) when a competent person conducts a check.

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Chapter IV

MANAGEMENT OF EXPLOSIVES

Article 28.- The management and use of military explosives must comply with the stipulations on the management of military weapons.

Article 29.- The management and use of industrial explosives shall be performed in accordance with the provisions of this Decree, Decree No.27-CP of April 20, 1995 and Decree No.02 of January 5, 1995 of the Government on the management of the production, supply and use of industrial explosives.

Article 30.- A State enterprise wishing to produce and supply explosives in accordance with Decree No.27-CP of April 20, 1995 and Decree No.02 of January 5, 1995 must be granted a certificate of fully meeting the security and order requirements by the Ministry of the Interior, a certificate of qualification for producing, trading and supplying industrial explosives by the Ministry of Industry and a business registration certificate by a competent State agency before it can start operation.

Article 31.- A State enterprise engaged in the production and supply of explosives must have a maintenance store, specialized means of transport, loading and unloading, security, facilities against thunderbolts and strayed electric currents and for fire and explosion prevention and control as prescribed.

Article 32.- The places where explosive substances are loaded or unloaded must meet the requirements on safety and fire and explosion prevention and control as prescribed and must be permitted by the provincial/municipal People�s Committee.

Article 33.- Enterprises supplying industrial explosives must sell industrial explosives only to enterprises and organizations which are permitted to use them. Enterprises and organizations are strictly forbidden to buy industrial explosives for resale. Where an enterprise or organization no longer needs to use industrial explosives, it must resell them to the enterprises permitted to supply them.

Article 34.- Enterprises and organizations allowed to trade in industrial explosives must sign and liquidate economic contracts as prescribed by law and must send copies of the economic contracts and the contract liquidation document to the Ministry of Industry and the Ministry of the Interior for control and supervision.

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Article 36.- When transporting industrial explosives, there must be a transport permit granted by a competent police office, an invoice and a permit for the transport of consignment.

Article 37.- The Ministry of Industry shall, on the basis of the annual plans and in coordination with the Ministry of Planning and Investment and the Ministry of Defense submit to the Government the industrial explosive import and export quotas after consulting the Ministry of the Interior.

The Ministry of Trade shall grant the industrial explosive import and export permit for each shipment and in conformity with the quotas already approved by the Government.

Within 15 days from the date of the industrial explosive material import and export permit is granted, the Ministry of Trade shall send copies of the permit to the Ministry of the Interior and the Ministry of Industry for monitoring.

Chapter V

MANAGEMENT OF RUDIMENTARY WEAPONS AND SUPPORT INSTRUMENTS

Article 38.-

1. The following objects are allowed to be equipped with and to use rudimentary weapons and support instruments:

a/ The People�s Army; the Militia and Self-defense force.

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c/ The anti-smuggling teams of the Customs and Border Gate Customs.

d/ The supervision teams of the market control force.

e/ The Ranger patrols.

f/ The specialized guards or teams of a number of State agencies and organizations.

g/ The street guard or people�s security and order maintainance teams of communes or wards.

h/ The State schools and centers for sport and martial arts training.

i/ The Aviation Security Service

j/ The sentence execution team.

k/ Construction organizations and individuals are allowed to use nail-shooting guns.

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3. The Ministry of the Interior shall detail the management regime, the criteria for the equipment of rudimentary weapons and support instruments and the registration or use permis applicable to the objects defined in Points b, c, d, e, f, g, h, i, j, k, Item 1 of this Article.

Article 39.- To be equipped with and use rudimentary weapons and support instruments, the objects mentioned in Item 1, Article 38 of this Article must meet all the following conditions:

1. Having the establishment decision issued by a competent agency;

2. Having an urgent need for their work, for the the fight to defend the Fatherland, for maintaining security and order, protecting the State and collective properties, the lives and property of citizens; for sport training and competition and for self-defense activities.

Article 40.-

1. The use of rudimentary weapons and support instruments must ensure safety and the right purposes. The carrying of a support instrument must be donw with a permit for its use. When a support instrument and its use permit are lost, the loss must be immediately reported to the police office in the locality where they are lost and to the permit granting agency.

2. When a person assigned to keep and use rudimentary weapons and support instruments retires, gives up his/her job, move to another branch or another job or no longer meets the criteria and conditions (defined in Article 39 and Article 40) he/she must return them to the agencies or establishments that have been equipped with such weapons. Such agencies or establishments shall have to examine and fully receive the rudimentary weapons and support instruments.

Article 41.-

1. The Ministry of Defense shall stipulate and manage the People�s Army establishments which are engaged in the production and repair of rudimentary weapons and support instruments to equip the forces under the management of the Ministry of Defense as defined in Point a, Item 1, Article 38 of this Regulation.

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2. The Ministry of the Interior shall stipulate and manage the establishments engaged in the production, repair, import and export of rudimentary weapons and support instruments to supply and assign to the objects defined in Points b, c, d, e, f, g, h, i, j, k, Item 1, Article 38 of this Regulation.

3. The supply and assignment of rudimentary weapons and support instruments to the objects defined in Article 38 of this Regulation must have a permit granted by the police office at provincial or higher level, except the objects managed by the Ministry of Defense.

Article 42.-

1. Weapons depots and establishments engaged in the production and repair of rudimentary weapons and support instruments must be designed and constructed in conformity with the set standards, must have their safety rules, plans and facilities, keep records for monitoring; observe the regular and irregular reporting and monitoring regime and have a maintenance personnel.

Article 43.- The repair, regradation, liquidation and destruction of rudimentary weapons and support instruments must conform with the stipulations of the Ministry of the Interior and the Ministry of Defense.

Chapter VI

FINAL PROVISION

Article 44.- The Ministers, the Heads of the ministerial-level agencies and agencies attached to the Government, the Presidents of the People�s Committees of the provinces and the cities directly under the Central Government shall have to implement this Regulation.

Article 45.- This Regulation takes effect from the date of its signing. The Minister of the Interior, the Minister of Defense and the General Director of the General Department for Sports and Physical Training shall have to stipulate in details and organize the implementation.

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ON BEHALF OF THE GOVERNMENT
THE PRIME MINISTER




Vo Van Kiet