The Government has issued a decree that provide measures, including opening fire, to prevent and handle cases of resistance to law enforcement officers.
Under Decree 208/2013 of December 17, 2013 by the Government, law enforcers are cadres, civil servants, officers, non-commissioned offers, soldiers who are assigned by authorized agencies or individuals to carry out duties and execute rights provided by law to serve the interests of the State, people and society.
Meanwhile, acts against law-enforcers are those that involve force or threat to use force, not following orders or requests of law enforcers, committing other activities to prevent law enforcers from doing their duties or forcing law enforcers not to carry out their duties.
In general, while dealing with acts of resistance to law enforcers, law enforcers can generally apply the following measures: explaining to people resisting law enforcers that they have violated the law and demand that they stop acts of violation, coercing violators to stop their violations and to follow orders of law enforcers, detaining people who resist law enforcers, or searching violators’ bodies or facilities used in violations to detect and seize weapons, explosives, or supporting tools.
However, in essential or urgent cases, where people resisting law enforcers use weapons to attack law enforcers, then law enforcers have the right to use force, supporting tools or technical means and equipment, or open fire to defend themselves and seize attackers.
Under Article 14 of the Decree, opening fire in such cases must be carried out in compliance with Article 22 of Ordinance of June 30, 2011 by the National Assembly’s Standing Committee on management and use of weapons, explosives and supporting tools, as well as other relevant laws and regulations.
Accordingly, the nature and level of dangerous acts committed by people who resist law enforcers must be taken into account by law enforcers in deciding whether they should open fire.
Law enforcers can resort to opening fire when there is no other measure to prevent acts of resistance to law enforcers, or when law enforcers have given a warning to people who act against them but such people neglect the warning, or in case not opening fire will directly threaten the life or health of law enforcers or others or will lead to serious consequences.
However, law enforcers are not allowed to open fire on resisters who are women, the handicapped or children unless such subjects use weapons or explosives to attack or resist, posing threats on life or health of law enforcers.
The new decree will take effect on February 2, 2014.
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