Firearms as Instruments of State Power: Legal Boundaries, Human Rights, and the Paradox of Protection in Vietnam

Abstract

The legal regulation of firearms in Vietnam may be understood through the combined lenses of international human-rights law and legal semiotics. Firearms are not merely technical instruments of law enforcement; they are also visible legal symbols of organized state power through which the State materializes its claim to exercise lawful coercion in the name of public order, security, and the protection of life. Against this background, Vietnam’s 2024 Law on the Management and Use of Weapons, Explosives, and Supporting Instruments is examined in light of Article 6 of the International Covenant on Civil and Political Rights, General Comment No. 36 of the Human Rights Committee, and the 1990 Basic Principles on the Use of Force and Firearms. The analysis shows a notable degree of formal convergence, particularly in treating firearm use as exceptional and legally restricted. At the same time, important difficulties remain in the clarity of operative thresholds, the consistency of interpretation, and the adequacy of post-incident review. In Vietnam, where firearms are tightly confined to authorized institutions, these issues also shape the symbolic legitimacy of state power