Table of Contents:
1. Administrative sanctions for illegal manufacture, storage, transport, use, trading or appropriation of explosive materials
2. Criminal prosecution for illegal manufacture, storage, transport, use, trading or appropriation of explosive materials
3. What should be done when explosives are discovered near the place of residence?
1. Administrative sanctions for illegal manufacture, storage, transport, use, trading or appropriation of explosive materials
For administrative sanctions for illegal manufacture, storage, transportation, use, trading or appropriation of explosives, pursuant to Clause 4 of Decree 144/2021/ND-CP stipulating sanctions for administrative violations in the fields of security, order and social safety; prevention and control of social evils; fire prevention and fighting; rescue; prevention and control of domestic violence as follows:
A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for one of the following acts:
“a) Illegally manufacturing, equipping, storing, transporting, repairing or using rudimentary weapons, support tools; details, clusters of details of weapons, support tools or explosive accessories;
b) Appropriation of rudimentary weapons, support tools; details, clusters of weapon details, support tools or explosive accessories;
c) Illegally manufacturing, storing, transporting, using weapons with similar features and effects to hunting guns, primitive weapons, sports weapons or details, clusters of details for manufacturing, making weapons, support tools with similar features and effects;
d) Manufacturing, equipping, storing, transporting, repairing, using, appropriating hunting guns or details, clusters of hunting gun details;
dd) Illegally digging, searching, collecting weapons, explosives, support tools, scrap, waste of weapons, explosives, support tools;
e) Illegally transporting, storing fireworks, gunpowder or raw materials, accessories for producing fireworks;
g) Losing military weapons, sports weapons;
h) Sawing, cutting, chiseling or performing other operations to illegally remove bombs, mines, bullets, grenades, explosives, torpedoes, mines and other types of weapons;
i) Illegally instructing, training, organizing training on how to manufacture, produce, repair or use weapons, support tools and fireworks in any form.”
In addition, individuals and organizations that illegally manufacture, store, transport, use, trade or appropriate explosives shall also be subject to additional penalties by confiscating the exhibits and means of violation according to Point a, Clause 7, Article 11 of this Decree:
“Confiscation of exhibits and means of administrative violation for the acts specified in Points d and dd, Clause 1; Points a, b, c, e and g, Clause 2; Points a, c, d, dd, e, h, i and k, Clause 3; Points a, b, c, d, dd, e, h and i, Clause 4 and Clause 5 of this Article;”
2. Criminal prosecution for illegal manufacture, storage, transport, use, trading or appropriation of explosive materials
Regarding criminal prosecution, according to Article 305 of the Penal Code 2015, amended and supplemented in 2017, the crime of illegal manufacture, storage, transportation, use, trading or appropriation of explosives is stipulated as follows:
“Article 305. Illegal manufacture, storage, transport, use, trading or appropriation of explosive materials
1. Any person who illegally manufactures, stores, transports, uses, deals in, or appropriates explosive materials shall face a penalty of 01 – 05 years’ imprisonment.
2. This offence committed in any of the following cases shall carry a penalty of 03 – 10 years’ imprisonment:
a) The offence is committed by an organized group;
b) The offence involves 10 kg – 30 kg of explosive or 1,000 – 3,000 detonators or from 3,000 m to under 10,000 m of delay fuse;
c) Illegal goods are transported or traded across the border;
d) The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥61% physical disability;
dd) The offence results in bodily harm to 02 people, each of whom suffers from 31% – 60% physical disability;
e) The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 61% – 121%;
g) The offence results in property damage of from VND 100,000,000 to under VND
500,000,000;
h) Dangerous recidivism.
3. This offence committed in any of the following cases shall carry a penalty of 07 – 15 years’ imprisonment:
a) The offence involves 31 kg – 100 kg of explosive or 3,001 – 10,000 detonators or from 10,000m to under 30,000 m of delay fuse;
b) The offence results in the death of 02 people;
c) The offence results in bodily harm to 02 people, each of whom suffers from 61% physical disability or more;
d) The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 122% – 200%;
dd) The offence results in property damage of from VND 500,000,000 to under VND 1,500,000,000.
4. This offence committed in any of the following cases shall carry a penalty of 15 – 20 years’
imprisonment or life imprisonment:
b) The offence involves ≥ 101 kg of explosive or ≥ 10,001 detonators or ≥ 30,000m of delay fuse;
b) The offence results in the death of ≥ 03 people;
c) The offence results in bodily harm to 03 people, each of whom suffers from 61% physical disability or more;
d) The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 201%;
dd) The offence results in property damage of ≥ VND 1,500,000,000.
5. The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000, put under mandatory supervision or prohibited from residence for 01 – 05 years.”
3. What should be done when discovering explosives near the place of residence?
When any individual or organization discovers explosives, they must quickly go to the nearest military agency, police agency or People’s Committee to report, declare and hand them over as prescribed in Clause 1, Article 63 of the Law on Management and Use of Weapons, Explosives and Supporting Tools 2017:
“Agencies, organizations and individuals must report, declare and hand over weapons, explosives and supporting tools to the nearest military agency, police agency or People’s Committee in cases where they are not subject to equipment or use according to the provisions of law but are from any source or are discovered or collected.”