THE PROCEDURE FOR IMPORTING WEAPONS

Posted on Law 4 Views

THE PROCEDURE FOR IMPORTING WEAPONS FROM IPOLOGISTICS

The procedure for Importing weapons into Vietnam is a highly regulated and complex process, subject to strict control by authorities to ensure national security and public order. This requires businesses or organizations wishing to import weapons to fully comply with applicable legal regulations, prepare documents and procedures clearly to avoid legal risks.

If you are looking to understand the process of importing weapons, this article provides a detailed guide on each step of the procedure, the legal requirements, relevant HS codes, import policies, and important considerations for successfully carrying out the import process. Especially, with our expertise in logistics, Ipologistics ensures to help you understand and prepare thoroughly for a smooth and successful weapon import process.

I. Legal Regulations Related to Weapon Import

1. Vietnamese Legal Framework

Importing weapons into Vietnam is not a simple procedure and must comply with strict legal regulations. Key legal documents governing this activity include:

  • Law on Management and Use of Weapons, Explosives, and Supporting Tools (Law No. 14/2017/QH14, amended in 2019):
    This law is the main legal framework regulating the ownership, use, and trade of weapons in Vietnam, including import regulations for weapons, ammunition, explosives, and supporting tools. According to this law, organizations and individuals can only import weapons if they meet the legal requirements for their intended use.
  • Decree No. 79/2018/ND-CP:
    This decree specifies the procedures for granting licenses to import weapons, explosives, and supporting tools. It emphasizes that weapons importation must be approved by relevant authorities such as the Ministry of Public Security or the Ministry of National Defense and must meet specific inspection standards.
  • Circular No. 43/2018/TT-BCA from the Ministry of Public Security:
    This circular provides detailed instructions on the procedure for obtaining an import license for weapons, including required documents and implementation procedures. Due to the nature of these goods, the circular requires businesses to clearly demonstrate the legal purpose and legality of the weapon source.
  • International Conventions and Commitments:
    Vietnam is a member of various international organizations controlling arms trade, such as the Arms Trade Treaty (ATT), which commits to managing the import of weapons legally and restricting illegal arms trade.

2. Scope of Permissible Goods for Import

Not all types of weapons are allowed to be imported. According to Vietnamese regulations, only certain types of weapons for specific purposes are authorized for import:

  • Military weapons for national defense and security purposes.
  • Sporting weapons (shooting guns, hunting rifles) used for sports activities or training.
  • Self-defense weapons (short firearms, tools such as batons, stun guns) for individuals or organizations with protection needs.

Chemical, biological, or prohibited weapons under international treaties cannot be imported.

II. The Weapon Import Procedure: Detailed Steps

1. Application for Import License

Before starting the weapon import process, you must obtain an import license from the competent state authority. This is the first crucial step to ensure the legality of the importation. The procedure for obtaining the license involves the following steps:

  • Prepare the documents to apply for an import license:
    • Import license application form (in the format prescribed by the Ministry of Public Security or the Ministry of National Defense).
    • Business registration certificate proving the company has related business activities.
    • Import contract with the foreign partner specifying the type of weapons, quantity, and value.
    • Export license from the exporting country (to prove the weapon’s legal origin).
    • List of weapons to be imported (name, type, quantity, specifications of each weapon).
  • Submit the application for an import license:
    The application is submitted to the Ministry of Public Security or the Ministry of National Defense (depending on the intended use). The process may take from 10 to 15 business days depending on the type of weapon and the urgency of the importation.

2. Choosing the Shipping Method and Preparing Required Documents

Once the import license is granted, you will need to prepare for the transport of the weapons. Due to the nature of the goods, it is important to select a safe and secure shipping method:

  • Shipping methods:
    • Weapons are primarily transported by air or sea.
    • You should use logistics companies experienced in transporting weapons to ensure safety, security, and compliance.
  • Shipping documents:
    • Bill of Lading: A document confirming the transportation of goods.
    • Commercial Invoice: Describes the goods, quantity, and value.
    • Packing List: Details each item and its packaging.

3. Customs Declaration and Physical Inspection

Once the weapons arrive at the port or airport, you need to make a customs declaration:

  • Customs declaration via the VNACCS/VCIS system. The customs declaration must include full information on HS codes, origin, and value of the goods.
  • Import license and related documents must be submitted alongside the customs declaration.
  • Physical inspection of goods: Customs may request a physical inspection to ensure the goods match the description in the documentation.

4. Clearance and Delivery

Once all customs procedures are completed, the goods will be cleared and can be transported to storage or delivered to the end user. It is important to note that for weapons, the storage location must be approved by the Ministry of Public Security or the Ministry of National Defense and must comply with special security requirements.

III. Relevant HS Codes and Classification of Weapons

It is critical to accurately identify the HS code for each type of weapon during the importation procedure. Some common HS codes related to weapons are:

  • 9301: Military weapons and other weapons.
  • 9302: Revolvers, pistols, and similar firearms.
  • 9303: Sporting weapons, hunting guns, shooting firearms.
  • 9304: Other weapons and ammunition not listed above.
  • 9305: Parts and accessories of weapons.

You must declare the correct HS code to avoid mistakes in tax calculation and customs clearance.

IV. Import Policies and Important Considerations

1. Permissible Goods for Import

  • Military weapons for national defense, security purposes (under government directive).
  • Sporting weapons (shooting guns, hunting guns) authorized for individuals and organizations involved in sports.
  • Self-defense weapons for organizations or individuals with security or protection needs.

2. Prohibited Goods for Import

  • Chemical, biological, or nuclear weapons.
  • Weapons that do not meet safety or international control standards.

V. Taxes and Fees

When importing weapons, businesses will need to pay the following taxes:

  1. Import tax:
    Depends on the HS code and country of origin. Certain tax rates may apply under Free Trade Agreements (FTA).
  2. Value Added Tax (VAT):
    Generally 10% for most types of weapons.
  3. Customs fees and related costs:
    Calculated based on the weight, quantity, and services provided.

VI. Conclusion

Importing weapons is a process that requires strict compliance with both domestic and international regulations. To carry out the process successfully, businesses must carefully prepare documents, select appropriate shipping methods, accurately declare customs, and fully understand the taxes and fees involved.

As a trusted partner in consultation and implementation of import procedures, Ipologistics commits to supporting your business at every step, ensuring the process is smooth, efficient, and fully compliant with legal regulations.

———————————————————————————————————————————————————————–

Contact

 

Contact Form

    Hotline: 0938.960.113
    SMS: 0938.960.113 Nhắn tin Facebook Zalo: 0938.960.113