Decree No. 99/2025/ND-CP dated May 6, 2025 on elaborating the Law on National Defense and Security Industry and Industrial Mobilization

GOVERNMENT OF VIETNAM -------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 99/2025/ND-CP	Hanoi, May 6, 2025

DECREE

ELABORATING THE LAW ON NATIONAL DEFENSE AND SECURITY INDUSTRY AND INDUSTRIAL MOBILIZATION

Pursuant to the Law on Government Organization dated February 18, 2025;

Pursuant to the Law on National Defense and Security Industry and Industrial Mobilization dated June 27, 2024;

At the request of the Minister of National Defense of Vietnam;

The Government of Vietnam hereby promulgates the Decree elaborating the Law on National Defense and Security Industry and Industrial Mobilization.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree elaborates the Law on National Defense and Security Industry and Industrial Mobilization:

1. Conditions and forms of participation in national defense and security industry operations of mobilized facilities.

2. Functions, tasks, and composition of national defense industry complexes.

3. Nuclei of national defense industry complexes.

4. State policies applicable to national defense industry complexes.

5. Export of products and services serving the national defense and security industry.

Article 2. Regulated entities

1. This Decree applies to organizations, enterprises, and individuals relevant to participation in national defense and security industry operations of mobilized facilities, operations of national defense industry complexes, and export of products and services serving the national defense and security industry.

2. Chapter II of this Decree does not apply to enterprises and organizations outside of the armed forces or enterprises with stakes from the State under the management of the Ministry of National Defense of Vietnam and the Ministry of Public Security of Vietnam not falling into cases of being mobilized to participate in national defense and security industry operations according to Clause 5 Article 2 of the Law on National Defense and Security Industry and Industrial Mobilization.

Chapter II

CONDITIONS AND FORMS OF PARTICIPATION IN THE NATIONAL DEFENSE AND SECURITY INDUSTRY OF MOBILIZED FACILITIES.

Article 3. General conditions applicable to mobilized facilities participating in national defense and security industry operations

1. Being established under the law of Vietnam and operating in Vietnam’s territory with facilities, personnel, and equipment meeting the requirements for participation in national defense and security industry operations regarding the mobilized field.

2. Ensuring the confidentiality of secrets according to the law on state secret protection concerning national defense and security.

3. Not being criminally prosecuted or convicted for criminal crimes, including cases of conviction expungement according to criminal laws.

Article 4. Conditions, forms, and procedures for participation in provision of payment and credit extension services of mobilized facilities

1. Mobilized facilities participating in national defense and security operations concerning the provision of payment and credit extension services shall meet the conditions prescribed in Article 3 of this Decree and the following conditions:

a) Being credit institutions and having headquarters, operational networks, structures for organization and management, facilities, and information technology systems that ensure the provision of payment and credit extension services according to the law on credit institutions;

b) Having full-time personnel with professional qualifications concerning payment and credit extension; having experience in serving national defense and security;

c) Being permitted to provide payment and credit extension services and participate in domestic and international payment systems according to the law;

d) Having internal regulations on payment and credit extension concerning participation in national defense and security industry operations regarding safety and confidentiality assurance;

dd) Engaging in profitable business operations for 3 consecutive years before the year of application submission.

2. Participation in national defense and security operations concerning the provision of payment and credit extension services of mobilized facilities shall be carried out under task assignment decisions of the Minister of National Defense of Vietnam and the Minister of Public Security of Vietnam.

3. Participation procedures:

a) A credit institution shall submit an application, including:

Written request for the assignment of tasks of participating in the provision of payment and credit extension services to serve national defense and security industry operations, following Form No. 01 enclosed with this Decree;

Copies of establishment and operation licenses of the credit institution;

Copies of internal regulations on payment and credit extension regarding participation in national defense and security industry operations;

Copies of financial statements audited by an independent audit organization, specifying profitable business results for 3 consecutive years before the year of application submission;

Reports enclosed with specific documents (if any) on: Structures for organization and management, facilities, and information technology serving domestic and international payment; quantity of full-time personnel participating in payment and credit extension enclosed with reports on professional qualifications; experience in implementing payment and credit extension in service of national defense and security; information on domestic and international payment systems to which the credit extension is a participant;

b) The application prescribed in Point a of this Clause shall be submitted in person, by post, or online to the finance management authority of the Ministry of National Defense of Vietnam or the Ministry of Public Security of Vietnam within the management scope; where the application is submitted online, the receipt and settlement of administrative procedures shall comply with the law on online administrative procedures;

c) Where the components of the application are inadequate according to Point a of this Clause, the authority receiving and processing the application shall issue a written notice to instruct the credit institution to make additions and complete the application within 5 working days after receiving the application;

Within 20 days after receiving the valid application, the finance management authority of the Ministry of National Defense of Vietnam or the Ministry of Public Security of Vietnam shall, within its management scope, appraise and assess the credit institution’s compliance with participation conditions and submit reports to the Minister of National Defense of Vietnam or the Minister of Public Security of Vietnam. Within 10 days after receiving the reports, the Minister of National Defense of Vietnam or Minister of Public Security of Vietnam shall assess and decide on the assignment of tasks to the credit institution, specifying the field of participation; where conditions are not met, the finance management authority of the Ministry of National Defense of Vietnam or the Ministry of Public Security of Vietnam shall issue a written notice to the credit institution, specifying the reason;

d) In case of tasks using the state budget, agencies, units, and enterprises engaging in national defense and security industry operations wishing to provide payment and credit extension services may conclude contracts with credit institutions with tasks assigned by the Minister of National Defense of Vietnam or the Minister of Public Security of Vietnam. Regarding tasks with special requirements for credit institutions, agencies, units, and enterprises shall request the finance management authority of the Ministry of National Defense of Vietnam or the Ministry of Public Security of Vietnam to, within its management scope, submit reports to the Minister of National Defense of Vietnam or Minister of Public Security of Vietnam for consideration and decision;

dd) In case of not using the state budget, agencies, units, and enterprises wishing to provide payment and credit extension services shall select credit institutions in conformity with task requirements, prioritizing credit institutions assigned to participate in the provision of payment and credit extension services by the Minister of National Defense of Vietnam or the Minister of Public Security of Vietnam.

Article 5. Conditions, forms, and procedures for participation in training and advanced training for personnel sources; provision of products and services concerning enterprise management, information safety, high technologies, and strategic technologies of mobilized facilities

1. Mobilized facilities participating in national defense and security operations concerning training and advanced training for personnel sources shall meet the conditions prescribed in Article 3 of this Decree and the following conditions:

a) Having training professions and occupations conformable with the needs of the national defense and security industry;

b) Having facilities and equipment for teaching, research, and practice and lecturers and teachers with professional qualifications and teaching and research experience conformable with the occupations and professions included in the training and advanced training for personnel sources in service of the national defense and security industry meeting specific conditions according to the law on education and vocational education.

2. Mobilized facilities participating in the provision of products and services concerning enterprise management, information safety, high technologies, and strategic technologies shall meet the conditions prescribed in Article 3 of this Decree and the following conditions:

a) Being eligible for engaging in investment in or business of the professions and occupations concerning the provision of products and services corresponding to the field of participation according to the law (for enterprises);

b) Having functions to provide products and services corresponding to the field of participation (for organizations that are not enterprises);

c) Having provided products or services for organizations and enterprises with an organizational scale or manufacturing scale similar to or bigger than those of organizations and enterprises wishing for the provision.

3. Mobilized facilities shall participate in the training and advanced training for personnel sources and provision of products and services concerning enterprise management, information safety, high technologies, and strategic technologies through order placement contracts with agencies, units, and enterprises of the Ministry of National Defense of Vietnam or the Ministry of Public Security of Vietnam.

4. Agencies, units, and enterprises of the Ministry of National Defense of Vietnam or the Ministry of Public Security of Vietnam operating in the national defense and security industry shall send documents on their order placement needs to organizations and enterprises according to the corresponding conditions prescribed in Clauses 1 and 2 of this Article.

5. A mobilized facility shall prepare an application, including:

a) Written request for participation in national defense and security industry operations following For, No. 02 in the Appendix enclosed with this Decree;

b) Copies of the establishment decision enclosed with documents on the functions and tasks (regarding an organization) or the enterprise registration certificate enclosed with the operation and business licenses (regarding an enterprise);

c) Documents proving the capacity concerning facilities, personnel, equipment, and experience of the organization or enterprise corresponding to the field of participation.

6. The application prescribed in Clause 5 of this Article shall be submitted in person, by post, or online to an agency, unit, or enterprise in need of the Ministry of National Defense of Vietnam or the Ministry of Public Security of Vietnam; where the application is submitted online, the receipt and settlement of administrative procedures shall comply with the law on online administrative procedures; Implementation procedures:

a) In case of mobilizing facilities to participate in the training for personnel sources and provision of products and services concerning enterprise management, information safety, and high technologies in the service of programs and projects using the state budget classified as “top secret”: Within 20 days after receiving valid applications, the agency, unit, or enterprise prescribed in Clause 4 of this Article shall appraise and assess compliance with participation conditions of organizations and enterprises and submit reports to the Minister of National Defense of Vietnam or the Minister of Public Security of Vietnam within the management scope. Within 7 days after receiving the reports, the Minister of National Defense of Vietnam or the Minister of Public Security of Vietnam shall consider issuing decisions. Within 5 days from the decisions of the Minister of National Defense of Vietnam or the Minister of Public Security of Vietnam, the agency, unit, or enterprise prescribed in Clause 4 of this Article shall issue written notices to organizations and enterprises;

b) In case of mobilizing facilities to participate in the training for personnel sources and provision of products and services concerning enterprise management, information safety, and high technologies in the service of programs and projects using the state budget classified as “secret”: Within 20 days after receiving valid applications, the agency, unit, or enterprise prescribed in Clause 4 of this Article shall appraise and assess compliance with participation conditions of organizations and enterprises and submit reports to superior agency, unit, or enterprise affiliated with the Ministry of National Defense of Vietnam or the Ministry of Public Security of Vietnam. Within 7 days after receiving the reports, the agency, unit, or enterprise affiliated with the Ministry of National Defense of Vietnam or the Ministry of Public Security of Vietnam shall consider issuing decisions. Within 5 days from the decisions of the agency, unit, or enterprise affiliated with the Ministry of National Defense of Vietnam or the Ministry of Public Security of Vietnam, the agency, unit, or enterprise prescribed in Clause 4 of this Article shall issue written notices to organizations and enterprises;

Where the agency, unit, or enterprise affiliated with the Ministry of National Defense of Vietnam or the Ministry of Public Security of Vietnam wishes for the mobilization, it shall assume responsibility for appraising, assessing, and selecting mobilized facilities as needed;

c) Regarding cases not prescribed in Points a and b of this Clause, the agency, unit, or enterprise prescribed in Clause 4 of this Article shall appraise the applications and directly negotiate and conclude the contracts with organizations and enterprises meeting the conditions prescribed in Clauses 1 and 2 of this Article for implementation. During the implementation, agencies, units, and enterprises shall comply with the law on state secret protection.

Article 6. Conditions, forms, and procedures for participation in research and manufacturing of details, accessories, supplies, and semi-finished products of national defense and security; research and application of high technologies, foundation technologies, and core technologies; transfer of technologies to core national defense industry facilities and core security industry facilities; provision, reserve, and preservation of supplies for national defense and security manufacturing of mobilized facilities

1. Mobilized facilities shall meet the conditions prescribed in Article 3 of this Decree and be deemed eligible contractors or investors according to the law on bidding.

2. Mobilized facilities participating in the research and manufacturing of details, accessories, supplies, and semi-finished national defense and security products; research and application of high technologies, foundation technologies, and core technologies; transfer of technologies to core national defense industry facilities and core security industry facilities; provision, reserve, and preservation of supplies for national defense and security shall cooperate through contracts for research and provision of products and services. Mobilized facilities participating in the transfer of technologies to core national defense industry facilities and core security industry facilities shall cooperate through technology transfer agreements.

3. Agencies, units, and enterprises of the Ministry of National Defense of Vietnam and the Ministry of Public Security of Vietnam shall, based on the tasks and plans for manufacturing and business approved by competent authorities, issue notices of cooperation needs to organizations and enterprises enclosed with the conditions corresponding to the field of participation prescribed in Clause 1 of this Article.

4. Participation procedures:

a) An organization or enterprise shall prepare an application, including:

Written request for participation in national defense and security industry operations following Form No. 02 in the Appendix enclosed with this Decree;

Copies of the establishment decision enclosed with documents on the functions and tasks (regarding an organization) or the enterprise registration certificate enclosed with the operation and business licenses (regarding an enterprise);

Documents proving the capacity concerning facilities, personnel, equipment, and experience corresponding to the field of participation;

b) The application prescribed in Point a of this Clause shall be submitted in person, by post, or online to the agency, unit, or enterprise prescribed in Clause 3 of this Article; where the application is submitted online, the receipt and settlement of administrative procedures shall comply with the law on online administrative procedures;

c) Within 20 days after receiving valid applications, the agency, unit, or enterprise prescribed in Clause 3 of this Article shall appraise, assess, and select capable organizations and enterprises and submit reports to superior agency, unit, or enterprise affiliated with the Ministry of National Defense of Vietnam or the Ministry of Public Security of Vietnam. Within 7 days after receiving the reports, the agency, unit, or enterprise affiliated with the Ministry of National Defense of Vietnam or the Ministry of Public Security of Vietnam shall consider issuing decisions on the list of mobilized facilities according to the mobilization needs. Within 5 days from the decisions of the agency, unit, or enterprise affiliated with the Ministry of National Defense of Vietnam or the Ministry of Public Security of Vietnam, the agency, unit, or enterprise prescribed in Clause 3 of this Article shall issue written notices of the results to organizations and enterprises;

Where the agency, unit, or enterprise affiliated with the Ministry of National Defense of Vietnam or the Ministry of Public Security of Vietnam wishes for the mobilization, it shall assume responsibility for appraising, assessing, selecting, and approving the list of mobilized facilities as needed;

d) The mobilization shall, based on the approved list of mobilized facilities, be carried out under direct contracting according to the law on bidding.

Article 7. Conditions, forms, and procedures for participation in the manufacturing of products serving national defense and security through joint ventures and associations with core national defense industry facilities and core security industry facilities of mobilized facilities

1. Mobilized facilities participating in the manufacturing of products serving national defense and security through joint ventures and associations with core national defense industry facilities and core security industry facilities shall meet the conditions prescribed in Article 3 of this Decree and have financial resources, facilities, personnel, and equipment capable of partially or wholly participating in the manufacturing of products and semi-finished products of national defense and security.

2. Mobilized facilities participating in manufacturing products serving national defense and security shall conduct joint ventures and associations with core national defense industry facilities and core security industry facilities through business cooperation contracts, joint venture contracts, or association contracts.

3. Participation procedures:

a) Core national defense industry facilities and core security industry facilities with assigned tasks of manufacturing products serving national defense and security shall issue written notices of the needs for joint ventures and associations for manufacturing products serving national defense and securities enclosed with the conditions prescribed in Clause 1 of this Article and other conditions for ensuring the completion of the assigned tasks;

b) Organizations and enterprises in need shall submit written requests for participation in joint ventures and associations to core national defense industry facilities and core security industry facilities enclosed with documents proving compliance with the conditions prescribed in Point a of this Clause;

c) Regarding non-equity associations, core national defense industry facilities and core security industry facilities shall select eligible enterprises and conclude association contracts;

d) Regarding equity joint ventures and associations, core national defense industry facilities and core security industry facilities shall select organizations and enterprises that meet the conditions prescribed in Point a of this Clause and develop schemes for joint ventures and associations for reports to the proprietor representative agencies for decisions on guidelines. Schemes for joint ventures and associations shall include the objectives, operational scope, necessity, economic efficiency, and social effectiveness; contributions of participants and division of results of business cooperation among parties; rights and obligations of participants; financial situations and results of manufacturing and business of participants; contributions of each party and contribution sources of core national defense industry facilities and core security industry facilities; schemes to ensure security, safety, and confidentiality. Where association schemes establish new juridical persons, such schemes must have the names, organization, management, and charter of the new juridical persons.

Chapter III

NATIONAL DEFENSE INDUSTRY COMPLEXES

Section 1. FUNCTIONS, TASKS, AND COMPOSITION OF NATIONAL DEFENSE INDUSTRY COMPLEXES

Article 8. Functions and tasks of national defense industry complexes

1. Research, design, create, manufacture, repair, convert, improve, modernize, and extend the shelf life of weapons and equipment; manufacture technical supplies for national defense manufacturing, focusing on strategic weapons and equipment.

2. Research and master strategic technologies, foundation technologies, core technologies, and dual-use technologies; transfer and receive technology transfers in service of the development of weapons and equipment, especially strategic weapons and equipment.

3. Maximize the mobilization of resources of the State and organizations and enterprises of specific economic sectors to participate in the operations of national defense industry complexes, including:

a) Develop mechanisms for attraction, training, advanced training, and use of domestic and overseas high-quality personnel sources to improve the capacity for researching and manufacturing weapons and equipment of national defense industry complexes, prioritizing strategic weapons and equipment;

b) Effectively use the state budget and capital sources from financial organizations and enterprises of specific economic sectors and international organizations;

c) Receive technology transfers from domestic and overseas organizations and individuals;

d) Develop schemes and effectively use state-invested infrastructure systems to carry out tasks of national defense industry complexes;

dd) Mobilize other legal resources to carry out assigned tasks.

4. Research and manufacture products serving the national industry, applying high and modern technologies concerning: Artificial intelligence; blockchain; semiconductor technology; quantum technology; biotechnology; nanotechnology; robotics; Internet of Things (IoT); advanced, super durable, super light, and super heat resistant material technology; next generation telecommunications technology and emerging technologies. Transfer technologies in conformity with socio-economic development to increase the value of products.

5. Innovate technologies, develop personnel sources, engage in digital transformation, improve enterprise management capacity, promote international cooperation in national defense industry with focus on countries with developed scientific and technological capacity, and participate in the global manufacturing value chain to improve international competitiveness capacity, prioritizing the fields prescribed in Clause 4 of this Article.

Article 9. Composition of national defense industry complexes

1. Nuclei of national defense industry complexes.

2. Other components, including one or more of the following types of national defense industry facilities:

a) Core national defense industry facilities that are not the nuclei of national defense industry complexes;

b) Other national defense industry facilities;

c) Mobilization industry facilities;

d) Mobilized facilities participating in national defense industry operations.

3. The recognition and recognition cancellation of nuclei of national defense industry complexes shall comply with Articles 11 and 12 of this Decree.

4. Cooperation mechanisms between the nuclei and other components of national defense industry complexes shall comply with Clause 2, Article 44 of the Law on National Defense and Security Industry and Industrial Mobilization.

Section 2. NUCLEI OF NATIONAL DEFENSE INDUSTRY COMPLEXES

Article 10. Conditions for core national defense industry facilities to be nuclei of national defense industry complexes

1. Taking charge of the successful research and manufacturing of at least one type of weapon and equipment with modern technologies capable of system integration, which is put into service in the People’s Army of Vietnam.

2. Being capable of applying, developing, or creating strategic technologies, foundation technologies, and core technologies in researching, designing, creating, manufacturing, repairing, converting, improving, modernizing, and extending the shelf life of weapons and equipment.

3. Having units for researching the development of national defense products in the organizational structure.

4. Having systems of laboratories, lines, and equipment meeting the requirements for researching, designing, creating, manufacturing, and perfecting strategic weapons and equipment.

5. Having personnel for the management, administration, research, design, creation, manufacturing, and perfection of weapons and equipment.

6. Aside from the conditions prescribed in Clauses 1, 2, 3, 4, and 5 of this Article, core national defense industry facilities that are enterprises shall have the percentage of expenditures on the research, development, and innovation of technologies in service of national defense industry within the last 3 years up to the time of application submission reach 02% of the total revenue from products and services serving national defense and security.

Section 11. Recognition of nuclei of national defense industry complexes

1. A core national defense industry facility requesting recognition as the nucleus of a national defense industry complex shall submit an application in person, by post, or online to a national defense industry authority.

2. The application mentioned above includes:

a) Written request for recognition as the nucleus of the national defense industry complex following Form No. 03 in the Appendix enclosed with this Decree;

b) Copies of the Prime Minister of Vietnam’s decision on approval for the list of core national defense industry facilities;

c) Documents concerning: Name, type, address, operational area, profession/occupation, and operational field of the core national defense industry facility; products, services, and tasks of national defense subject to assignment, order placement, or direct contracting made by the Ministry of National Defense of Vietnam or an agency, unit, or enterprise affiliated with the Ministry of National Defense of Vietnam within the last 5 years up to the submission of the application for recognition;

d) Documents proving compliance with the conditions prescribed in Article 10 of this Decree.

3. Where the components of the application are inadequate according to Clause 2 of this Article, after receiving the application, the national defense industry authority shall issue a written notice to request the core national defense industry facility to make additions to the application within 5 days.

Within 30 days after receiving the valid application, the national defense industry authority shall inspect and appraise compliance with the conditions prescribed in Article 10 of this Decree of the core national defense industry facility and submit reports to the Minister of National Defense of Vietnam for consideration for requesting the Prime Minister of Vietnam to decide to recognize the core national defense industry facility as the nucleus of the national defense industry complex; the national defense industry authority shall issue a written notice of the results to the core national defense industry facility; where the recognition is rejected, provide explanations.

Section 12. Cancellation of recognition of nuclei of national defense industry complexes

1. The national defense industry authority shall, based on the results of the implementation of tasks of national defense industry complexes, assess the capacity of the nuclei of national defense industry complexes and consider questing the cancellation of the recognition of the nuclei of national defense industry complexes if such complexes fail to complete the tasks prescribed in Clause 1 Article 8 of this Decree.

2. Where there are quests for cancellation of the recognition of the nuclei of national defense industry complexes according to Clause 1 of this Article, the national defense industry authority shall submit reports to the Minister of National Defense of Vietnam for consideration for requesting the Prime Minister of Vietnam to decide to cancel the recognition of the nuclei of national defense industry complexes. Within 5 days from the Prime Minister of Vietnam’s decision, the national defense industry authority shall issue notices of cancellation of the recognition of the nuclei of national defense industry complexes to the concerned core national defense industry facilities.

Article 13. Responsibilities of nuclei of national defense industry complexes

1. Prepare lists of other components of national defense industry complexes:

a) Issue criteria for other components of national defense industry complexes in conformity with Clause 1 Article 44 of the Law on National Defense and Security Industry and Industrial Mobilization;

b) Prepare lists of other components of national defense industry complexes and for reports to the national defense industry authority for consideration for requesting the Minister of National Defense of Vietnam to issue approval.

2. Issue, revise, inspect, and supervise the implementation of operational regulations, commendation regulations, and other regulations of national defense industry complexes.

3. Develop programs, schemes, and projects on the research, creation, and manufacturing of weapons and equipment in conformity with the functions and tasks of the national defense industry complexes for presentation to the Minister of National Defense of Vietnam for approval.

4. Develop plans to implement tasks of the national defense industry complexes.

5. Regulate the operations of the national defense industry complexes through the conclusion of contracts with their components.

6. Carry out quality inspection, assessment, and testing of products manufactured by components of the national defense industry complexes, ensuring the completion of tasks of the national defense industry complexes.

7. Perfect the products while ensuring the approved quality, quantity, and strategic and technical targets and features.

8. Ensure the confidentiality of state secrets while concluding contracts for joint ventures and associations with other components of the national defense industry complexes and cooperating with domestic and overseas partners.

9. Submit reports on the implementation results of tasks of the national defense industry complexes to the national defense industry authority and assume responsibility for the reports.

10. Assume responsibility for managing financial sources received for tasks of the national defense industry complexes, independent from other tasks; submit reports on the implementation results to the Ministry of National Defense of Vietnam through the national defense industry authority.

Section 3. POLICIES APPLICABLE TO NATIONAL DEFENSE INDUSTRY COMPLEXES AND THEIR NUCLEI

Article 14. State policies applicable to national defense industry complexes

1. The Ministry of National Defense of Vietnam shall issue strategies for developing national defense industry complexes; assign long-term tasks and plans for national defense manufacturing, and manage the implementation of functions and tasks of the national defense industry complexes through their nuclei.

2. Promotion of joint ventures and associations among the components of national defense industry complexes:

a) Issue strategic and technical regulations and standards concerning the military for products of the national defense industry complexes;

b) Ministries and central authorities shall, based on their management function, provide databases of enterprises to develop national defense industry complexes;

c) Facilitate components of the national defense industry complexes to participate in domestic and overseas military trade promotion programs, training programs, and survey programs relevant to weapons and equipment of the national defense industry complexes.

3. The Ministry of National Defense of Vietnam shall develop schemes and programs to develop strategic technologies, digital technologies, foundation technologies, and core technologies concerning fields under its management based on the approved list of and national programs on science and technology to design, create, and manufacture weapons and equipment, especially strategic weapons and equipment, and assign them to the national defense industry complexes for implementation. The funding for implementing schemes and programs shall be allocated from the state budget.

4. The Ministry of National Defense of Vietnam shall, based on programs on the development of national programs on the strategic technology and industry development, develop schemes and programs on the development of strategic technologies for researching, designing, creating, and manufacturing weapons and equipment and assign them to the national defense industry complexes for implementation. The implementation funding shall be allocated from the state budget.

5. Prioritization of resources for investment in infrastructures and equipment for national defense industry complexes; assurance of funding for investment in key infrastructures and equipment for researching and manufacturing weapons and equipment, especially strategic weapons and equipment.

6. Nuclei and other components of national defense industry complexes may use state-invested infrastructures and equipment to implement tasks of the national defense industry complexes.

7. The Ministry of National Defense of Vietnam shall prioritize allocating the funding for implementing domestic and overseas training and advanced training programs to develop high-quality personnel sources for national defense industry complexes, especially personnel sources for researching and developing strategic weapons and equipment.

Article 15. State policies applicable to nuclei of national defense industry complexes

Nuclei of national defense industry complexes shall be entitled to policies of core national defense industry facilities researching and manufacturing strategic weapons and equipment prescribed in Article 63 of the Law on National Defense and Security Industry and Industrial Mobilization, and the following policies:

1. Nuclei of national defense industry complexes shall be assigned by the State to take charge of the implementation of schemes and programs on the research, design, creation, and manufacturing of strategic weapons and equipment by product specialties as follows:

a) The Minister of National Defense of Vietnam shall approve 10-year schemes and programs on the research, design, creation, and manufacturing of strategic weapons and equipment; approve 5-year programs on the research, design, creation, and manufacturing of weapons and equipment by product specialties and assign the nuclei of national defense industry complexes to take charge of the implementation in conformity with the functions and tasks of the national defense industry complexes;

b) Nuclei of national defense industry complexes shall receive a budget assigned by the State to take charge of the programs prescribed in Point a of this Clause regarding cases of using the state budget.

2. Nuclei of national defense industry complexes shall be entitled to autonomous regulation regarding the implementation of research and manufacturing tasks of the national defense industry complexes:

a) Nuclei of national defense industry complexes may decide on technical schemes and prices of products and services of task assignment or order placement implemented by components of the national defense industry complexes, ensuring that the total cost of implementation of products of nuclei of national defense industry complexes does not exceed the price of the assigned product;

b) Nuclei of national defense industry complexes may proactively select and conclude contracts with components of national defense industry complexes to complete tasks of the national defense industry complexes;

c) Nuclei of national defense industry complexes may proactively develop mechanisms to attract organizations and enterprises to participate in the national defense industry complexes in conformity with the assigned functions and tasks.

3. In case of implementing schemes and programs on the research and creation of weapons and equipment prescribed in Point a Clause 1 of this Article subject to task assignment or order placement by the State, nuclei of national defense industry complexes may receive support funding from the state budget to implement tasks of science, technology, and innovation as follows:

a) Up to 50% of the total cost of researching and developing technologies for schemes and programs on the research and creation of strategic weapons and equipment;

b) Up to 30% of the total cost of researching and developing technologies for schemes and programs on the research and creation of weapons and equipment not prescribed in Point a of this Clause.

4. Nuclei of national defense industry complexes may use development investment funds of enterprises to implement projects on investment in infrastructures and equipment for operations concerning science, technology, and innovation in conformity with tasks of the national defense industry complexes; such investment projects shall not be assessed in terms of economic efficiency.

5. Nuclei of national defense industry complexes may use state-invested infrastructures for scientific research and technological development. Units managing state-invested infrastructures shall prioritize arranging and facilitating nuclei of national defense industry complexes to use the infrastructures under their management. The cost of using infrastructures shall be paid by using the funding for implementing scientific research and technological development.

6. Nuclei and other components of national defense industry complexes may propose specific mechanisms and policies to resolve difficulties during the operation of the national defense industry complexes.

Chapter IV

EXPORT OF PRODUCTS AND SERVICES SERVING NATIONAL DEFENSE AND SECURITY INDUSTRY

Article 16. Products and services serving national defense and security industry

1. Weapons, equipment, and technical devices prescribed in Clauses 7 and 10 Article 2 of the Law on National Defense and Security Industry and Industrial Mobilization.

2. Technical supplies prescribed in Clause 9 Article 2 of the Law on National Defense and Security Industry and Industrial Mobilization.

3. Machinery, equipment, and manufacturing lines.

4. Technical documents include: Design documents, technical documents, and documents with technical information and data on products of the national defense and security industry.

5. Advisory services for research, design, and development of products; development of laboratories, manufacturing lines, and infrastructures serving research, manufacturing, and other operations concerning national defense and security manufacturing.

6. Technical services, including services relevant to the provision of solutions to technical matters, research, design, manufacturing, repair, conversion, improvement, modernization, shelf-life extension, inspection, assessment, installation, implementation, and maintenance of products of the national defense and security industry.

7. Products concerning intellectual property according to the law on intellectual property.

8. Other products and services serving the national defense and security industry, according to the requirements and tasks of the Ministry of National Defense of Vietnam, the Ministry of Public Security of Vietnam, and cooperation programs or agreements with the Government of Vietnam and national defense, security, cipher, and cryptography agencies of specific countries.

Article 17. Requirements in manufacturing of products and services serving national defense and security industry

1. Organizations and individuals involved in the manufacturing of products and services serving the national defense and security industry shall comply with relevant laws, Vietnam's commitments regarding copyrights and industrial property rights, and international treaties to which the Socialist Republic of Vietnam is a signatory.

2. Enterprises exporting products and services serving the national defense and security industry shall be core national defense industry facilities or core security industry facilities with exporting/importing functions.

3. Overseas partners shall provide the following documents: Certificates of enterprise establishment or business registration issued by competent authorities of the host country that have undergone consular legalization according to the law on consular legalization; end-user certificates issued by overseas competent authorities where the end users are located; written commitments to the intended use purposes.

4. Overseas partners shall be appraised by competent authorities of the Ministry of National Defense of Vietnam or the Ministry of Public Security of Vietnam within the management scope regarding origin, functions, tasks, and capacity before the negotiation and conclusion of contracts for the import of products and services serving the national defense and security industry. After receiving the written requests for appraisal from exporting enterprises, the competent authorities of the Ministry of National Defense of Vietnam or the Ministry of Public Security of Vietnam shall provide the appraisal results in writing within 15 days.

5. Overseas partners are exempted from carrying out the procedures prescribed in Clause 4 of this Article when authorized or designated by the Governments or agencies of national defense, security, cipher, and cryptography of other countries to import products and services serving the national defense and security industry of Vietnam.

Article 18. Procedures for exporting products and services serving national defense and security industry

1. Development of the list of exported products and services serving the national defense and security industry.

2. Negotiation and conclusion of contracts with overseas partners.

3. Issuance of export, tariff exemption, and customs clearance licenses.

Article 19. Development of list of exported products and services serving national defense and security industry

1. By a 5-year stage, based on the list of strategic weapons and equipment and special technical devices, the Ministry of National Defense of Vietnam and the Ministry of Public Security of Vietnam shall, within their tasks and entitlements, develop a list of exported strategic weapons and equipment and special technical devices enclosed with strategic and technical features of products for presentation to the Prime Minister of Vietnam for approval; Where there are irregular needs, the national defense industry authority and the security industry authority shall submit reports and proposals to the Ministry of National Defense of Vietnam or the Ministry of Public Security of Vietnam for presentation to the Prime Minister of Vietnam for promulgation of decisions on additions to the list.

2. By a 3-year stage, the national defense industry authority and the security industry authority shall submit reports and proposals to the Minister of National Defense of Vietnam or the Minister of Public Security of Vietnam within their tasks and entitlements to issue a list of exported products and services serving the national defense and security industry not prescribed in Clause 1 of this Article; where there are irregular needs, the national defense industry authority and the security industry authority shall submit reports and proposals to the Minister of National Defense of Vietnam or the Minister of Public Security of Vietnam for promulgation of decisions on additions to the list.

Article 20. Negotiation and conclusion of contracts with overseas partners

1. Exporting enterprises shall, based on the list of exported products and services serving the national defense and security industry prescribed in Article 19 of this Decree and the needs of overseas partners or requests and tasks of the Ministry of National Defense of Vietnam or the Ministry of Public Security of Vietnam, negotiate and conclude export contracts with overseas partners.

2. Exporting enterprises licensed to export by competent authorities shall reach agreements with their partners at the time contracts become effective.

Article 21. Licensing of export of products and services serving national defense and security industry

1. An exporting enterprise shall prepare and submit an application for a license to export products and services serving the national defense and security industry in person, by post, or online to the trade management authority of the Ministry of National Defense of Vietnam or the Ministry of Public Security of Vietnam within the management scope.

2. The application mentioned above includes:

a) Written request for the export licensing of the exporting enterprise affiliated with the Ministry of National Defense of Vietnam or the Ministry of Public Security of Vietnam or the focal unit affiliated with the Ministry of National Defense of Vietnam or the Ministry of Public Security of Vietnam assigned to manage the exporting enterprise following Form No. 04 in the Appendix enclosed with this Decree;

b) Export contracts with overseas partners (certified or authenticated copies, enclosed with Vietnamese translations);

c) Appraisal results of the information on overseas partners of competent authorities regarding cases not prescribed in Clause 5 Article 17 of this Decree; end-user certificates issued by overseas competent authorities where end users are located; written commitments to the intended use purposes.

3. Where the application components are inadequate according to Clause 2 of this Article, within 5 days after receiving the application, the trade management authority of the Ministry of National Defense of Vietnam or the Ministry of Public Security of Vietnam shall request the exporting enterprise to make additions in writing.

Within 7 days after receiving the valid application, the trade management authority of the Ministry of National Defense of Vietnam or the Ministry of Public Security of Vietnam shall, within its management scope, submit reports to the Minister of National Defense of Vietnam or the Minister of Public Security of Vietnam on the export licensing for the exporting enterprise, or provide written explanations in case of rejection of the licensing.

Article 22. Revisions to licenses to export products and services serving national defense and security industry

1. Where there are changes to the type and quantity of products and services serving the national defense and security industry, the exporting enterprise shall prepare and submit an application for revisions to the license to export products and services serving the national defense and security industry in person, by post, or online to the trade management authority of the Ministry of National Defense of Vietnam or the Ministry of Public Security of Vietnam within the management scope.

2. The application mentioned above includes:

a) Written request of the exporting enterprise affiliated with the Ministry of National Defense of Vietnam or the Ministry of Public Security of Vietnam or the focal unit affiliated with the Ministry of National Defense of Vietnam or the Ministry of Public Security of Vietnam assigned to manage the exporting enterprise following Form No. 05 in the Appendix enclosed with this Decree;

b) Copies of the issued export license;

c) Documents relevant to the content to be revised.

3. Where the application components are inadequate according to Clause 2 of this Article, within 5 days after receiving the application, the trade management authority of the Ministry of National Defense of Vietnam or the Ministry of Public Security of Vietnam shall request the exporting enterprise to make additions in writing.

Within 7 days after receiving the valid application, the trade management authority of the Ministry of National Defense of Vietnam or the Ministry of Public Security of Vietnam shall, within its management scope, submit reports to the Minister of National Defense of Vietnam or the Minister of Public Security of Vietnam on revisions to the export license for the exporting enterprise, or provide written explanations in case of rejection of the revision.

Article 23. Renewal of licenses to export products and services serving national defense and security industry

1. Where a renewal is necessary, before the expiry date of the license to export products and services serving the national defense and security industry, the exporting enterprise shall prepare and submit an application for renewal of the license to export products and services serving the national defense and security industry in person, by post, or online to the trade management authority of the Ministry of National Defense of Vietnam or the Ministry of Public Security of Vietnam within the management scope.

2. The application mentioned above includes:

a) Written request of the exporting enterprise affiliated with the Ministry of National Defense of Vietnam or the Ministry of Public Security of Vietnam or the focal unit affiliated with the Ministry of National Defense of Vietnam or the Ministry of Public Security of Vietnam assigned to manage the exporting enterprise following Form No. 06 in the Appendix enclosed with this Decree;

b) Copies of the issued export license.

3. Where the application components are inadequate according to Clause 2 of this Article, within 5 days after receiving the application, the trade management authority of the Ministry of National Defense of Vietnam or the Ministry of Public Security of Vietnam shall request the exporting enterprise to make additions in writing.

Within 7 days after receiving the valid application, the trade management authority of the Ministry of National Defense of Vietnam or the Ministry of Public Security of Vietnam shall, within its management scope, submit reports to the Minister of National Defense of Vietnam or the Minister of Public Security of Vietnam on renewal of the export license for the exporting enterprise, or provide written explanations in case of rejection of the renewal.

Article 24. Tariff exemption and customs clearing for products and services serving national defense and security industry

1. The trade management authority of the Ministry of National Defense of Vietnam or the Ministry of Public Security of Vietnam shall, based on the licenses to export products and services serving the national defense and security industry and requests of exporting enterprises affiliated with the Ministry of National Defense of Vietnam or the Ministry of Public Security of Vietnam or focal units affiliated with the Ministry of National Defense of Vietnam or the Ministry of Public Security of Vietnam assigned to manage exporting enterprises, send written requests for export tariff exemption to competent customs authorities for grant of tariff exemption to exported products and services serving the national defense and security industry within its management scope according to tariff laws.

2. Exported products and services serving the national defense and security industry, subject to confidentiality requests according to written confirmations of the Minister of National Defense of Vietnam or the Minister of Public Security of Vietnam, shall be exempted from customs declaration and practical inspection. The procedures for requesting exemption from customs declaration and practical inspection shall comply with customs laws.

3. Exported products and services serving the national defense and security industry not prescribed in Clause 2 of this Article shall be prioritized during customs inspection and supervision according to customs law regarding goods dedicated to national defense and security.

Chapter V

IMPLEMENTATION

Article 25. Entry into force

This Decree comes into force as of July 1, 2025.

Article 26. Implementation responsibilities

Ministers, Directors of ministerial agencies, Directors of governmental agencies, Presidents of People’s Committees of provinces and centrally affiliated cities, and relevant organizations and individuals shall implement this Decree.

ON BEHALF OF THE GOVERNMENT PRIME MINISTER Pham Minh Chinh