Is it illegal to carry a knife in the trunk of your car for self-defense while driving?

XUAN THINH(Binh Giang)

Reply:Point b, Clause 4, Article 7 of Decree 144/2021/ND-CP (effective from January 1, 2022) stipulates: "A fine of 3-5 million VND shall be imposed on acts of carrying or storing, concealing rudimentary weapons, support tools or other types of tools and means capable of causing harm; objects and means of transport for the purpose of disturbing public order, intentionally causing injury to others".

Based on the above regulations, if you leave a knife in the trunk of your car to defend yourself when you encounter a robbery, it is considered "intended to cause injury to others". Therefore, you will be fined from 3-5 million VND. In addition to the fine, the authorities will also confiscate the evidence and means of violation, according to Point a, Clause 13, Article 7, Decree 144/2021/ND-CP.

Pursuant to Clause 4, Article 23 of the Law on Handling of Administrative Violations, the specific fine for the above violation is 4 million VND (average level of the fine bracket); if there are mitigating circumstances, the fine may be reduced but must not be lower than 3 million VND; if there are aggravating circumstances, the fine may be increased but must not exceed 5 million VND.

In cases where a knife is kept in the trunk of a car without the intention of intentionally causing injury to another person (for example: bringing a knife to the company to cut food, a pork seller bringing a knife to work to cut meat...) there is no penalty.

Pursuant to Point d, Clause 1, Article 3 of the Law on Handling of Administrative Violations, the person with the authority to impose sanctions is responsible for proving the administrative violation. Individuals and organizations subject to sanctions have the right to prove, by themselves or through their legal representatives, that they have not committed an administrative violation.