The Ministry of Public Security proposed 3 situations that allow functional forces to fire military weapons at vehicles when performing the task of ensuring security and order.
On December 1, the Ministry of Public Security announced the draft law to seek comments within 60 days.
According to the draft Proposal, after 5 years of organizing and implementing the Law on Management and Use of Weapons (VK), Explosive Materials (VLN) and Support Tools (CCHT), ministries, branches, and the People’s Committee Citizens, police units and localities have organized serious and effective implementation, contributing to protecting national security, ensuring social order and safety, and serving socio-economic development. country’s association.
The Ministry of Public Security has advised the Government to direct and implement the Law on Management and Use of VK, VLN and CCHT, achieving many positive results, in which: Propaganda and dissemination of the Law is carried out regularly, widely and effectively, thereby raising the awareness and sense of compliance with the Law of agencies, organizations and individuals in the management and use of VK, VLN and CCHT. As a result, in 5 years, the whole country has mobilized people to hand over 99,689 guns of all kinds, 17,860 bombs, mines, grenades, 423,390 rounds of ammunition, 3,762,871 kg of explosives, 46,416 detonators, 25,056 support tools, 98,895 rudimentary weapons, 6,801 weapon assembly components.
The Ministry of Public Security, with its core role in preventing and fighting crimes and violations of the Law on VK, VLN and CCHT, has directed the police units and localities to synchronously apply professional measures. Drastically, thoroughly and effectively deployed from the Ministry to the grassroots (Commune-level Police), so crimes and violations of the Law related to VK, VLN and CCHT have been curbed; As a result, in 5 years, the whole country discovered 34,109 cases and arrested 56,027 subjects, of which: Illegal manufacturing 135 cases, 197 subjects; Illegal trading 593 cases, 812 subjects; Illegal transportation of 208 cases, 251 subjects; Illegal possession 4,342 cases, 5,659 subjects; Illegal appropriation 30 cases, 30 subjects; theft 86 cases, 91 subjects; Illegal use of 28,715 cases, 48,987 subjects (using knives and knife-like means: 16,841 cases, 26,472 subjects); Confiscated 4,975 guns of all kinds, 706,169 rounds of ammunition, 321 grenades, bombs, mines, 27,165.8 kg of explosives, 106,564 detonators, 15,249 support tools, 28,023 primitive weapons.
In addition to the results achieved, the process of implementing and implementing the Law on Management and Use of VK, VLN and CCHT has arisen a number of inadequacies, limitations and problems due to provisions of the Law that are no longer appropriate. , does not meet the current actual situation of state management and prevention and fight against crimes and violations of the Law in this field.
Therefore, to overcome the above difficulties and problems, it is necessary to research and develop the Law on Management and Use of VK, VLN and CCHT (amended), to ensure compatibility with practice and create favorable conditions. benefits agencies, organizations and people; At the same time, it meets the requirements of state management and prevention and fight against crimes and violations of the Law on VK, VLN and CCHT in the new situation.
Many types of guns were added to the list of military weapons
Regarding the explanation of terms, Article 3 of the draft Law has amended and supplemented a number of words to explain concepts in accordance with the content and scope of the draft Law, facilitating application. Laws, effectively serving state management and preventing and fighting crime, include: weapons; military weapons; rudimentary weapons; sporting weapons; explosive materials; military explosives; industry explode materials; new industrial explosive materials; explosive precursors; support tools; knives have high lethality; scrap, waste products of weapons, explosives, support tools; business.
Among them, shotguns, flintlock guns, explosive bullet guns, paintball guns, compressed gas guns, compressed air guns, compressed air guns… are added to the list of military weapons.
Highly damaging knives have been added to the list of primitive weapons.
Highly lethal knives are defined as sharp knives, sharp knives, sharp knives, with a blade length of 20cm or more or knives with a blade length of less than 20cm but converted and assembled to have the same function. The effect is similar to that of a highly damaging knife.
The Ministry of Public Security also proposed a number of additional prohibited acts such as: researching, manufacturing, producing, trading, exporting, importing, storing, transporting, illegally using, and appropriating crude weapons. profile…, except for highly lethal knives used for labor, production, and daily life purposes.
In cases where the police are allowed to open fire on vehicles
In Article 25, the draft law regulates cases of military shooting when performing the task of ensuring security and order.
Specifically, the person performing an independent task must warn by action, verbal command or shooting in the air before opening fire on the subject in the following cases:
First, the subject is using weapons, explosives, force or other tools and means to attack or fight back, threatening the life and health of law enforcement officers or other people.
Second, the subject is using weapons, explosives, force or other tools and means to disrupt public order, threatening the lives, health and property of others.
Third, people who are wanted, arrested, people being held in an emergency, detained, detained, people being escorted, tried or serving prison sentences are resisting or threatening their lives, health of the person performing official duties or other people; The subject is rescuing a person being escorted, a person being detained, detained, or escorted due to a serious crime, a very serious crime, a particularly serious crime, or dangerous recidivism.
Fourth, when it is clearly known that the subject is committing a serious crime, a very serious crime, or a particularly serious crime.
Fifth, it is allowed to open fire on road vehicles and inland waterway vehicles, except for vehicles of diplomatic missions, foreign consulates, and representative agencies of foreign organizations. international organization to stop that vehicle in case the person driving that vehicle attacks or directly threatens the life of public officials or other people; when it is clear that the vehicle driven by the criminal is intentionally fleeing, unless the vehicle is carrying people or hostages; when it is clearly known that the vehicle is carrying a criminal or illegal weapons, explosives, reactionary documents, state secrets, drugs, or national treasures, intentionally fleeing, except in cases where the vehicle has transport people or have hostages.
Also in Article 25 of the draft, people on independent duty can open fire on subjects without warning when they use weapons or explosives to terrorize and kill people; Drug offenders are using weapons to fight back.
In addition, you are also allowed to open fire on the subject who is directly carrying out the act of robbing a gun from a person on duty; animals are directly threatening the life and health of law enforcement officers or other people.
The Ministry of Public Security proposes that before using military weapons, forces must base their decision on the situation, nature and level of danger of the act committed by the subject.
Only use military weapons when there is no other solution and after warnings have been given but the subject does not comply.
In particular, if the untimely use of military weapons directly threatens the life and health of the person on duty or other people or can cause other particularly serious consequences, they may be used. right.
Forces do not use military weapons when they clearly know that the subjects are women, people with disabilities, children, or the elderly, except in cases where these people use weapons or explosives to attack or fight back. threaten the life or health of people performing official duties or other people.