Propose 3 situations in which police can open fire on vehicles

The Ministry of Public Security has just announced the draft Law on Management and Use of Weapons, Explosives and Support Tools (amended) to collect comments within 60 days.

One of the notable contents of the draft proposes cases where the People’s Police and a number of other forces are authorized to fire military weapons when performing the task of ensuring security and order.

Specifically, people performing independent tasks must warn by actions, words or shooting in the air before opening fire on road motor vehicles or inland waterway vehicles (except vehicles of the police department). diplomatic missions, foreign consulates, international organizations) to stop that vehicle in three cases:


  • The person driving the vehicle attacks or directly threatens the life of a person on duty or another person.
  • In cases where it is clearly known that the vehicle driven by the offender intentionally flees, unless the vehicle is carrying people or hostages.
  • In addition, people on duty have the right to open fire when they clearly know that the vehicle is carrying criminals or weapons, explosives, reactionary documents, State secrets, drugs… intentionally fleeing. , except in the case of a vehicle carrying people or hostages.

In addition, the draft proposes that people performing independent tasks have the right to open military fire (after warning or shooting in the air) at subjects who are using weapons, explosives, force… to attack. or resist and threaten the life or health of people performing official duties or other people.

People performing independent tasks are allowed to open fire on people who are wanted, arrested, detained, detained, people being escorted, on trial… who are resisting, threatening their lives or health. performing official duties or others.

In particular, according to the draft, people performing independent tasks are allowed to open fire on subjects without warning when subjects use weapons or explosives to terrorize or kill people, or drug offenders are using drugs. Use weapons to fight back.

In addition, the forces on duty are also allowed to open fire on subjects who are directly committing acts of stealing guns from people on duty; animals are directly threatening the life and health of law enforcement officers or other people.


However, the Ministry of Public Security proposed that before using military weapons, the forces must base their decision on the situation, nature, and level of danger of the act committed by the subject. People on duty only use military weapons when there is no other solution and after giving warnings but the subjects do not comply.

In particular, if the untimely use of military weapons directly threatens the life and health of the person on duty or other people or can cause other particularly serious consequences, they may be used. right.

Also according to the draft, forces do not use military weapons when they clearly know that the subjects are women, people with disabilities, children, or the elderly, except in cases where these people use weapons or explosives. attacking or resisting, threatening the life or health of people on duty or other people.

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