In what cases is it allowed to fire military weapons when performing tasks to ensure security and order?

Article 23 of the Law on Management and Use of Weapons, Explosives and Supporting Tools stipulates cases in which military firearms may be used when performing tasks to ensure security and order.

1. A person performing an independent task must warn by action, verbal command or fire a warning shot before opening fire at a subject in the following cases:

a) The subject is using weapons, explosives, force or other tools or means to attack or resist, threatening the life or health of a person performing official duties or another person;

b) The subject is using weapons, explosives, force or other tools or means to disrupt public order and threaten the life, health and property of others;

c) A person who is wanted, arrested, detained in an emergency, temporarily detained, temporarily imprisoned, a person being escorted, tried or serving a prison sentence who is resisting or threatening the life or health of a person performing official duties or another person; a subject who is fighting to rescue a person being escorted, detained, or escorted due to committing a serious crime, very serious crime, especially serious crime, or dangerous recidivism;

d) When knowing clearly that the subject is committing a serious crime, very serious crime, or especially serious crime;

d) It is allowed to shoot at road motor vehicles or inland waterway vehicles, except for vehicles of diplomatic missions, foreign consular offices, or representative offices of international organizations, to stop such vehicles in case the driver of such vehicle attacks or directly threatens the lives of law enforcement officers or other people; when it is known that the vehicle driven by a criminal is intentionally fleeing, except in cases where the vehicle is carrying people or hostages; when it is known that the vehicle is carrying criminals or illegal weapons, explosives, reactionary documents, state secrets, drugs, or national treasures that are intentionally fleeing, except in cases where the vehicle is carrying people or hostages.

2. A person performing an independent duty may shoot at a subject without warning in the following cases:

a) The subject is using weapons or explosives to directly commit the crime of terrorism, murder, hostage taking, or is directly using weapons or explosives to resist arrest after having just committed the crime;

b) Subjects who produce, trade, store, transport or organize the illegal use of drugs directly use weapons or explosives to resist arrest;

c) Subjects using weapons or explosives to attack or directly threaten the safety of guarded subjects, important national security works, or important targets protected according to the provisions of law;

d) The subject is using weapons, explosives, or force to directly threaten the lives of law enforcement officers or other people;

d) The subject is directly committing the act of robbing a gun from a person on official duty;

e) It is allowed to shoot at animals that are directly threatening the life and health of law enforcement officers or other people.

According to Chinhphu.vn

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