Tiếng Việt
Table of Contents:
1. What is explosive?
2. Principles of management and use of weapons, explosives, explosive precursors, and supporting tools
3. Administrative penalties for storing and appropriating of explosive materials
4. Criminal penalties for storing and appropriating of explosive materials
1. What are explosives?
According to Clause 7, Article 3 of the Law on Management and Use of Weapons, Explosives and Combat Gears 2017, explosives are regulated as follows:
“7. Explosive materials are products that, under the impact of an initial stimulus pulse, cause a rapid, strong chemical reaction, release heat, generate gas, emit light, and create an explosion, including:
a) Explosives are chemicals or mixtures of substances produced and used to create explosive reactions under the impact of a stimulus pulse;
b) Explosive accessories are detonators, detonating cords, slow-burning cords, primers, explosive-containing items that have the effect of creating an initial stimulus pulse to detonate the explosive block or specialized equipment containing explosives.”
2. Principles of management and use of weapons, explosives, explosive precursors, and supporting tools.
According to Article 4 of the the Law on Management and Use of Weapons, Explosives and Combat Gears 2017:
“Article 4. Principles of management and use of weapons, explosives, explosive precursors, and supporting tools
1. The management and use of weapons, explosives, explosives precursors and combat gears shall comply with the Constitution and law of the Socialist Republic of Vietnam.
2. Weapons, explosives and combat gears shall be provided for eligible persons in accordance with standards and technical regulations.
3. People managing and using weapons, explosives, explosives precursors and combat gears shall satisfy all conditions prescribed by regulations of law.
4. People ordering and deciding the use of weapons, explosives, explosives precursors and combat gears shall be responsible for their orders and decisions.
5. Weapons, explosives, explosives precursors and combat gears shall be used for proper purposes and in accordance with regulations and minimize damage to people, property and the environment.
6. Research into, manufacture, trading, equipment, import, export, transport, repair and use of weapons, explosives, explosives precursors and combat gears shall obtain licenses and certificates issued by authorities.
7. Weapons, explosives, explosives precursors and combat gears that are redundant, expired or no longer usable shall be recovered, liquidated or destroyed
8. Any loss of weapons, explosives, explosives precursors, combat gears and licenses and certificates shall be notified promptly to competent authorities.
9. Weapons, explosives, explosives precursors and combat gears shall be tested, verified, assessed and registered in accordance with regulations of law on managing quality of products and goods before they are produced, traded and used in Vietnam.”
3. Administrative penalties for storing and appropriating of explosive materials
Pursuant to Clause 4, Article 11 of Decree 144/2021/ND-CP on administrative sanctions for acts of storing and failing to hand over explosives:
“4. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for one of the following acts:
a) Illegally manufacturing, providing, storing, transporting, repairing cold weapons or combat gears; parts or assemblies of weapons or combat gears, or explosive components;
b) Appropriating cold weapons or combat gears; parts or assemblies of weapons or combat gears, or explosive components;
c) Illegally manufacturing, storing, transporting, using weapons that have similar functions to hunting guns, cold weapons, sporting weapons or parts, assemblies for manufacture of weapons or combat gears with similar functions;
d) Manufacturing, providing, storing, transporting, repairing, using appropriating hunting guns, parts or assemblies thereof
dd) Illegally excavating, searching, collecting weapons, explosive materials, combat gears, wastes or scraps thereof;
e) Illegally transporting, storing firecrackers, fireworks, pyrotechnic compositions, materials or components for production thereof;
g) Losing military or sporting weapons;
h) Illegally sawing, cutting or otherwise defusing bombs, mines, bullets, grenades, explosives, naval mines, torpedoes and other weapons;
g) Illegally instructing, training, organizing training in fabrication, production, repair or use of weapons and combat gears in any shape or form.”
4. Criminal penalties for storing and appropriating of explosive materials
According to Article 305 of the 2015 Penal Code, the crime of illegally manufacturing, storage, transport, use, trading or appropriation of explosive materials is prosecuted 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 ≥ 30,000 m 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.”