On the morning of June 13, continuing the 34th Session, the National Assembly Standing Committee gave opinions on explaining, accepting, and revising the draft Law on Management and Use of Weapons, Explosives and Support Tools (amended).
Reporting at the meeting on a number of major issues regarding the draft Law on Management and Use of Weapons, Explosives and Supporting Tools (amended), Chairman of the National Assembly's Committee on National Defense and Security (UBQPAN) Le Tan Toi said:
Regarding the regulation on high-damage knives, the Standing Committee of the National Defense and Security Committee agreed to add high-damage knives to the draft Law to strengthen management and create a legal basis to prevent and stop illegal acts using high-damage knives.
To ensure clarity, strictness, and conformity with the requirements of state management and the fight against crime, based on the opinions of National Assembly deputies, the Standing Committee of the National Defense and Security Committee has revised point b, clause 4 as follows: "b) Knives with high lethality intended for use to commit crimes, cause disturbances, disrupt public order, or oppose agencies, organizations performing tasks, and people performing official duties".
Scene of the 34th session, Standing Committee of the National Assembly.
Accordingly, it is proposed to add Clause 5a, Article 3 to explain the term “highly lethal knife” as follows: “5a. Highly lethal knife is a sharp knife, a pointed knife in the list issued by the Minister of Public Security ”.
In addition, the Standing Committee of the National Defense and Security Commission has coordinated with the Drafting Committee, the Standing Committee of the Law Committee and relevant agencies to revise the provisions in Clauses 2, 3, 4, and 5, Article 3 of the draft Law to suit each type of weapon.
Regarding the explanation of the term “military weapons”, Mr. Toi said that based on the opinions of National Assembly deputies, to ensure strictness and clear distinction between each specific case identified as military weapons, the Standing Committee of the National Defense and Security Committee coordinated with the Drafting Committee and the Standing Committee of the Law Committee to review, revise the content and amend the legislative technique in Clause 2, Article 3, which stipulates “military weapons”.
The Standing Committee of the National Assembly's Committee for National Defense and Security also requested the Standing Committee of the National Assembly to direct the Standing Committee of the Judiciary Committee to study and review to guide competent authorities to amend or issue guiding documents on determining aggravating circumstances in a number of crimes in the Penal Code that stipulate the use of weapons as an aggravating circumstance.
Regarding the interpretation of the term “primitive weapons”, the Standing Committee of the National Defense and Security Committee proposed to revise the provisions on the interpretation of the term “primitive weapons” as in Clause 4, Article 3 of the draft Law, including: Weapons with simple structure and operating principles, in the list issued by the Minister of Public Security; Knives with high lethality for the purpose of being used to commit crimes, cause disturbances, disrupt public order or oppose agencies, organizations performing tasks, and people performing official duties.
Chairman of the National Defense and Security Committee Le Tan Toi.
Regarding the organization and enterprises that are allowed to conduct research, manufacture, produce, trade, export, and import weapons, the Standing Committee of the National Defense and Security Committee agrees with the provisions in this draft Law (Clause 2, Clause 3, Article 18) because the draft Law on National Defense Industry, Security and Industrial Mobilization only stipulates in the direction of citing the provisions of this Law.
Regarding sports weapons, industrial explosives and the business of supporting tools, these are means and activities that have not been regulated in the draft Law on National Defense Industry, Security and Industrial Mobilization, therefore, the Standing Committee of the National Defense and Security Committee proposes to regulate them in this draft Law.
Regarding the declaration of primitive weapons, taking into account the opinions of the National Assembly Deputies, the Standing Committee of the National Defense and Security Committee has revised the name of Article 32 to "Declaration of primitive weapons used as exhibits, exhibitions, and heirlooms"; at the same time, it has added a provision limiting the declaration to only "primitive weapons specified in Point a, Clause 4, Article 3" as accepted and revised in the draft Law.
Regarding the production and trading of highly lethal knives, based on the opinions of the National Assembly deputies, the Standing Committee of the National Defense and Security Committee proposed that the National Assembly Standing Committee remove the regulation in Clause 2, Article 32 and develop and supplement Article 32a to regulate the management and use of highly lethal knives.
Regarding subjects equipped with military weapons, subjects equipped with sports weapons; subjects equipped with support tools. According to Mr. Toi, to ensure consistency in the legal system, in accordance with the provisions of the Law on Vietnam Coast Guard, the Standing Committee of the National Defense and Security Committee and the Standing Committee of the Law Committee unanimously agreed that it is necessary to add the provision that the Coast Guard is the subject equipped with military weapons, sports weapons, and support tools in this draft Law, which will facilitate the process of law enforcement at sea, in accordance with Vietnamese law and international law .
Source: https://www.nguoiduatin.vn/de-nghi-bo-sung-dao-co-tinh-sat-thuong-cao-la-dao-sac-dao-nhon-a668185.html
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