The situation of illegal use of primitive weapons is very complicated.
On the morning of April 2, the National Assembly Standing Committee gave opinions on the draft Law on Management and Use of Weapons, Explosives and Supporting Tools (amended).
General To Lam, Minister of Public Security .
Reporting at the meeting, Minister of Public Security To Lam said that on June 20, 2017, at the 3rd session, the 14th National Assembly passed Law No. 14 on the management and use of weapons, explosives and supporting tools, effective from July 1, 2018.
After 5 years of implementation, besides the achieved results, the process of deploying and implementing the Law has encountered some shortcomings, limitations and difficulties.
According to the Minister of Public Security, in reality, the rate of criminals using knives to commit crimes is very high. In many cases, criminals use sharp, pointed knives that are highly lethal, committing crimes in a very reckless manner, causing public outrage.
However, the subject cannot be prosecuted for illegal possession and use of weapons because the current Law does not define knives as weapons.
In addition, the situation of subjects illegally using homemade guns and primitive weapons is very complicated, causing particularly serious consequences. The Minister of Public Security cited that according to the provisions of the current Law, homemade guns and primitive weapons are not on the list of military weapons but are dangerous.
Therefore, it is necessary to add regulations on homemade guns to the group of military weapons; high-damage knives are primitive weapons.
When a subject uses primitive weapons with the purpose of illegally infringing on human life and health, they are identified as military weapons, with the aim of adjusting the subject's perception and behavior, reducing the source of crime.
To reform and simplify administrative procedures, General To Lam emphasized the need to review procedures for granting licenses and certificates for weapons, explosives, explosive precursors, and support tools, to cut down on unnecessary paperwork.
In addition, it is necessary to amend and supplement regulations on granting licenses to use weapons and tools in the direction of not specifying a time limit and changing the issuance of registration certificates to granting licenses to use.
Another issue pointed out by the Minister of Public Security is that currently, many foreign agencies, organizations, businesses, and individuals have the need to donate, present, or provide aid with weapons and support tools to domestic agencies, but the current Law strictly prohibits the donation, present, or provision of aid with weapons and support tools.
Therefore, to take advantage of resources from abroad, it is necessary to supplement regulations allowing domestic agencies, organizations and enterprises to receive weapons and support tools donated, presented or aided by foreign agencies, organizations, enterprises and individuals.
According to Minister of Public Security To Lam, the draft Law on Management and Use of Weapons, Explosives and Supporting Tools (amended) consists of 8 chapters, 74 articles with many new points.
Reporting on the preliminary review of the draft Law on Management and Use of Weapons, Explosives and Support Tools (amended), Lieutenant General Le Tan Toi, Chairman of the National Defense and Security Committee, said that the Standing Committee of the National Defense and Security Committee basically agreed on the necessity of promulgating the Law.
Chairman of the National Defense and Security Committee Le Tan Toi presented the inspection report.
Review international treaties of which Vietnam is a member to ensure compatibility
Through examination, the Standing Committee of the National Defense and Security Committee (NDSC) basically agreed on the necessity of promulgating the Law on Management and Use of Weapons, Explosives and Supporting Tools (amended) with political, legal and practical bases as stated in the Government's Submission to fully and promptly institutionalize the Party's guidelines and policies, the State's policies and laws on strengthening the management and use of weapons, explosives and supporting tools.
Reform administrative procedures, create favorable conditions for agencies, organizations and people; create a solid legal corridor in state management and prevent and combat crimes and law violations; at the same time overcome shortcomings, limitations and obstacles in the process of implementing and applying the law in the past.
The Standing Committee of the National Assembly's National Assembly Committee found that the draft Law submitted by the Government had all the documents specified in Article 64 of the Law on Promulgation of Legal Documents, and was eligible to be reported to the National Assembly Standing Committee for comments to be submitted to the National Assembly at the upcoming 7th session.
At the same time, it is recommended to carefully review relevant legal provisions, especially the concepts stipulated in Article 3, regulations related to the management, research, production, and trading of weapons, explosives, and support tools to ensure consistency in the legal system; review the provisions of international treaties to which Vietnam is a member to ensure compatibility.
Discussing at the meeting, members of the National Assembly Standing Committee highly appreciated the preparation process of the Ministry of Public Security, the preliminary review report of the National Defense Committee, and agreed on the necessity of amending the Law on Management and Use of Weapons, Explosives and Support Tools as stated in the Government's submission.
The draft Law dossier was carefully and meticulously prepared, the process was ensured according to the provisions of the Law on Promulgation of Legal Documents; the content of the draft Law proposed to cut many procedures, ensuring both strict management and simplifying administrative procedures; qualified to be submitted to the National Assembly for consideration and approval according to the process at one session.
Nationwide, 28,715 cases were detected, 48,987 subjects were arrested for illegally using weapons, explosives, supporting tools, knives and knife-like means to commit crimes. Of which, crimes using homemade guns, primitive weapons, knives and knife-like means as tools and means to commit crimes accounted for 94.5% of the total number of cases; 92.8% of the total number of subjects. Particularly, using knives and knife-like means to commit crimes accounted for 58.6% of the total number of cases, 54% of the total number of subjects.
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