15/11/2023 08:29

Are businesses allowed to invest trực tiếp bóng đá việt nam hôm nay trading military weapons trực tiếp bóng đá việt nam hôm nay Vietnam?

 Are bustrực tiếp bóng đá việt nam hôm nayesses allowed to trực tiếp bóng đá việt nam hôm nayvest trực tiếp bóng đá việt nam hôm nay tradtrực tiếp bóng đá việt nam hôm nayg military weapons trực tiếp bóng đá việt nam hôm nay Vietnam?

Are businesses allowed to invest trực tiếp bóng đá việt nam hôm nay trading military weapons trực tiếp bóng đá việt nam hôm nay Vietnam? What are the requirements for investment and trading trực tiếp bóng đá việt nam hôm nay military weapons trực tiếp bóng đá việt nam hôm nay service of national defense and security trực tiếp bóng đá việt nam hôm nay Vietnam? _Lam Phong (Ha Nam)

Hello, Lawnet would like to answer as follows:

1. What are military weapons?

According to Clause 2, Article 4 of theLaw on management and use of weapons, explosives and combat gears 2017, Law No. 50/2019/QH14 dated November 25, 2019 on, military weapons include:

- Weapons that are manufactured or crafted satisfactory to technical standards and design of legal manufacturers and provided for people’s armed forces and other forces as specified herein to perform certain tasks, including:

+ Firearms: handguns, rifles, submachine guns, light machine guns, anti-tank guns, grenade launchers;

+ Light weapons: heavy machine guns, mortars, DKZ rifles, anti-aircraft machine guns, man-portable anti-tank rocket launchers;

+ Heavy weapons: fighter aircrafts, attack helicopters, tanks, armored vehicles, warships, submarines, artillery, anti-aircraft artillery, rockets;

+ Bombs, mines, grenades, torpedoes, naval mines; ammunition for weapons specified trực tiếp bóng đá việt nam hôm nay this Point;

- Weapons that are manufactured or crafted manually or industrially without satisfying technical standards and design of legal manufacturers capable of inflicting damage and harm to lives and health of humans, destroying matter structures similar to weapons specified trực tiếp bóng đá việt nam hôm nay Point a of this Clause and not provided for people’s armed forces and other forces specified trực tiếp bóng đá việt nam hôm nay Article 18 of theLaw on management and use of weapons, explosives and combat gears 2017, Law No. 50/2019/QH14 dated November 25, 2019 onto perform tasks.

2. Are businesses allowed to invest trực tiếp bóng đá việt nam hôm nay trading military weapons trực tiếp bóng đá việt nam hôm nay Vietnam?

According to Article 2 ofDecree 101/2022/ND-CPstipulating subjects of application related to investment and trading trực tiếp bóng đá việt nam hôm nay military weapons, specifically:

“This Decree is applicable to enterprises, agencies, organizations and individuals related to investment and trading trực tiếp bóng đá việt nam hôm nay military uniforms, military equipment and supplies for the people's armed forces, military weapons, specialized technical equipment and technology used for production thereof to ensure national defense and security."

Thus, according to the above regulations, businesses are allowed to invest trực tiếp bóng đá việt nam hôm nay and trade military weapons used to serve national defense and security. However, there will be differences trực tiếp bóng đá việt nam hôm nay application conditions between enterprises belonging to the Ministry of National Defense and the Ministry of Public Security and enterprises not belonging to the Ministry of National Defense and the Ministry of Public Security.

What are the requirements for investment and trading trực tiếp bóng đá việt nam hôm nay military weapons trực tiếp bóng đá việt nam hôm nay service of national defense and security trực tiếp bóng đá việt nam hôm nay Vietnam?

According to Article 7 ofDecree 101/2022/ND-CP, requirements for investment and trading trực tiếp bóng đá việt nam hôm nay military weapons trực tiếp bóng đá việt nam hôm nay service of national defense and security include:

For enterprises and organizations under the Ministry of National Defense and the Ministry of Public Security

Enterprises and organizations under the Ministry of National Defense and the Ministry of Public Security shall be eligible for investment and trading trực tiếp bóng đá việt nam hôm nay military weapons trực tiếp bóng đá việt nam hôm nay service of national defense and security when they fully meet requirements prescribed trực tiếp bóng đá việt nam hôm nay Articles 7 and 8 ofDecree 79/2018/ND-CPspecifically:

Conditions for research into, manufacture, trading, import, export and repair of weapons to be satisfied by the organization/enterprise affiliated to the Ministry of National Defense and Ministry of Public Security

- The organization/enterprise is assigned the plan for or tasks of researching, manufacturing, trading, importing, exporting and repairing weapons by the Ministry of National Defense and Ministry of Public Security

- Conditions for security, order, fire prevention and fighting, incident response and prevention and environmental protection shall be satisfied. To be specific:

+ Regulations on entry and exit and security and order assurance plans should be made. Equipment, items and commodities transported into and out of the organization/enterprise should be kept under control. Security forces should be set up.

+ Regulations, sufficient equipment, forces trực tiếp bóng đá việt nam hôm nay charge of inspecting fire safety and internal fire fighting plans should be trực tiếp bóng đá việt nam hôm nay place. It is required to carry out fire drills and adopt fire safety measures as prescribed.

+ Measures for reducing, collecting and treating materials and wastes, and tackling environmental pollution on site shall be adopted. It is prohibited to leak or spread toxic to the environment. Provision of sources and equipment for prevention and response to environmental emergencies shall be ensured.

- The place for manufacture and repair of weapons shall be conformable to conditions for security, order, fire prevention and fighting and environmental protection. It is required to set a safe distance from residential areas, cultural, social and historic constructions, security areas and prohibited areas.

- There must be equipment and instrument suitable for testing and monitoring specifications and serving quality inspection during manufacture and repair of weapons, and a separate testing place (except for research into and manufacture of cold weapons). Finished product warehouse shall comply with technical regulations and standards.

- Types of weapons shall ensure quality and comply with technical standards and regulations. Each military weapon and each sporting weapon shall have its own trademark, number, symbol, manufacturing country and year of manufacture.

- The manager of an organization/enterprise shall be provided with training trực tiếp bóng đá việt nam hôm nay management and use of weapons, fire safety and incident prevention and response during manufacture and repair of weapon.

- Employees directly involved trực tiếp bóng đá việt nam hôm nay manufacture and repair of weapons shall provide with training trực tiếp bóng đá việt nam hôm nay fire safety and incident prevention and response, occupational safety and hygiene assurance during manufacture and repair of weapon.

Conditions for trading trực tiếp bóng đá việt nam hôm nay weapons to be satisfied by the organization/enterprise affiliated to the Ministry of National Defense and Ministry of Public Security

- The organization/enterprise is assigned the plan for or task of weapon trading by the Minister of National Defense or Minister of Public Security.

- The conditions specified trực tiếp bóng đá việt nam hôm nay Clause 2 Article 7 ofDecree 79/2018/ND-CPare satisfied.

- Warehouses, storage places and equipment trực tiếp bóng đá việt nam hôm nay service of weapon trading shall fulfill conditions for security, order, fire prevention and fighting, incident response and prevention and environmental protection trực tiếp bóng đá việt nam hôm nay accordance with regulations.

- The manager of an organization/enterprise shall be provided with training trực tiếp bóng đá việt nam hôm nay management and use of weapons, fire safety and incident prevention and response during trading process.

For organizations and enterprises not under the Ministry of National Defense and the Ministry of Public Security

Organizations and enterprises not under the Ministry of National Defense and the Ministry of Public Security may participate trực tiếp bóng đá việt nam hôm nay research, manufacture and repair of military weapons trực tiếp bóng đá việt nam hôm nay service of national defense and security when they satisfy the provisions trực tiếp bóng đá việt nam hôm nay Article 10 ofDecree 79/2018/ND-CP, specifically:

- Other organizations/enterprises are entitled to research, manufacture and repair weapons according to the order placed by the Ministry of National Defense and Ministry of Public Security and shall:

+ be a Vietnamese organization/enterprise established as prescribed by law; and

+ satisfy the conditions specified trực tiếp bóng đá việt nam hôm nay Clauses 2, 3, 4, 5, 6 and 7 Article 7 ofDecree 79/2018/ND-CP.

- The organization/enterprise that wishes to research, manufacture and repair weapons shall submit 01 application to the competent authority designated by the Minister of Public Security (regarding the order placed by the Ministry of Public Security) or the Minister of National Defense (regarding the order placed by the Ministry of National Defense). The application includes:

+ an application form;

+ a copy of the establishment decision or the enterprise registration certificate;

+ documentary evidences for capacity and fulfillment of conditions for research into, manufacture and repair of weapons.

+ The person who is sent to submit the application by the organization/enterprise shall present a letter of introduction and one of the following documents: Citizen Identification Card, Identity Card or passport that remains valid.

- Within 05 working days from the date on which the application is received, the competent authority specified trực tiếp bóng đá việt nam hôm nay Clause 2 of Article 10 ofDecree 79/2018/ND-CPshall consider and send a written response to the organization/enterprise and the organization trực tiếp bóng đá việt nam hôm nay charge of inspecting and assessing the fulfillment of conditions for research into, manufacture and repair of weapons.

- After the inspection and assessment, the competent authority specified trực tiếp bóng đá việt nam hôm nay Clause 2 of Article 10 ofDecree 79/2018/ND-CPshall submit a written proposal specifying reasons, conditions, capacity and scope of the organization/enterprise involved trực tiếp bóng đá việt nam hôm nay research into, manufacture and repair of weapons to the Minister of National Defense or the Minister of Public Security.

- The Minister of National Defense or the Minister of Public Security shall consider and request the Prime Minister to decide to permit the organization/enterprise to research, manufacture and repair weapons. After obtaining the Prime Minister's opinions about granting permission, the competent authority specified trực tiếp bóng đá việt nam hôm nay Clause 2 of Article 10 ofDecree 79/2018/ND-CPshall notify the organization/enterprise trực tiếp bóng đá việt nam hôm nay writing. trực tiếp bóng đá việt nam hôm nay case of rejection, the competent authority specified trực tiếp bóng đá việt nam hôm nay Clause 2 of Article 10 ofDecree 79/2018/ND-CPshall provide written explanation.

Thus, according to the above regulations, both businesses under and not under the Ministry of National Defense and Ministry of Public Security can be allowed to invest trực tiếp bóng đá việt nam hôm nay and trade military weapons to serve national defense and security if they meet the prescribed conditions. However, the conditions applicable to businesses outside the Ministry of National Defense and Ministry of Public Security require more procedures and must be approved by the Prime Minister.

Best regards!

Hua Le Huy
174


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