Nghị định 81/2019/NĐ-CP phòng chống phổ biến vũ khí hủy diệt hàng loạt

• Số hiệu: 81/2019/ND-CP
• Loại văn bản: Nghị định
• Nơi ban hành: Chính phủ
• Người ký: Nguyễn Xuân Phúc
• Ngày ban hành: 11/11/2019

GOVERNMENT -------	SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness ----------------
No. 81/2019/ND-CP	Hanoi, November 11, 2019

DECREE

ON PREVENTING AND COUNTERING PROLIFERATION OF WEAPONS OF MASS DESTRUCTION

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to Law on Treaties dated April 09, 2016;

Pursuant to Resolution No. 1540 of United Nations Security Council dated April 28, 2004;

Pursuant to 40 Recommendations of Financial Action Task Force (FATF) dated February, 2012;

At the request of Minister of National Defense;

The Government promulgates Decree on preventing and countering proliferation of weapons of mass destruction.

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GENERAL PROVISIONS

Article 1. Scope

This Decree stipulates principles, policies, measures, forces and means of preventing and countering proliferation of weapons of mass destruction; responsibilities of agencies, organizations and individuals in preventing and countering the proliferation of weapons of mass destruction.

Article 2. Regulated entities

This Decree applies to Vietnam’s citizens, agencies and organizations; ships hoisting Vietnam flag and aircrafts assuming Vietnamese nationality regardless of location; international organizations, foreign organizations and foreigners residing and operating on Vietnam territory; in case an international agreement to which the Socialist Republic of Vietnam is a signatory specifies otherwise, such international agreement shall prevail.

Article 3. Applications of Decree on preventing and countering proliferation of weapons of mass destruction, relevant provisions of the law and international agreements

Preventing and countering proliferation of weapons of mass destruction is in compliance with provisions under this Decree and other relevant law provisions, and international agreements to which the Socialist Republic of Vietnam is a signatory on preventing and countering proliferation of weapons of mass destruction and relevant resolutions approved by the United Nations Security Council in accordance with Chapter VII of the Charter of the United Nations.

Article 4. Term interpretation

In this Decree, terms below are construed as follows:

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2. “Nuclear weapons” refer to weapons utilizing energy released by uncontrolled nuclear fission reactions and nuclear fusion reactions. Primary damaging factors include shockwave, optical radiation, penetrating radiation, radioactivity and electromagnetic pulse; nuclear warheads, means of delivering them to targets and control systems are inseparable from the nuclear weapons.

3. “Radiological weapons” refer to weapons utilizing radioactive materials to inflict casualties via ionizing radiation which causing radioactive contamination in surrounding environment, technical equipment and other entities. Radioactive materials can be obtained from products of nuclear reactors or synthesized. Radiological weapons include ammunition containing radioactive materials, means of delivering them to targets or other equipment for spraying and spreading. Radiological weapons inflict damage by external exposure and internal exposure to radiation, harming body organs and causing radiation sickness.

4. “Chemical weapons” refer to weapons utilizing high toxicity and instantaneous reaction of chemical substances. Chemical weapons include toxic chemicals, objects utilizing the toxic chemicals such as ammunition and means of delivering the toxic chemicals to targets. Chemical weapons can produce severe effect in terms of nature and casualties on a large scale and over an extended period of time; prove extreme severity and hindrance to timely detection; cause difficulty and complicate preventing, countering and remediating consequences; impose great harm to the environment, ecosystem and negatively impact human lives and health.

5. “Biological weapons” refer to weapons utilizing pathogenicity or infectivity of biological agents capable of causing lethal epidemics to humans, animals and plants. Biological weapons include biological agents such as germs, viruses, fungi, toxin and objects utilizing the biological agents such as ammunition or means of delivering the biological agents to targets.

6. Proliferation of weapons of mass destruction

a) “Proliferation of weapons of mass destruction” refers to the act of spreading knowledge, scientific research, precursor components and relevant materials belonging to state actors or non-state actors in order to engage in activities related to weapons of mass destruction specified in Point b of this Clause;

b) Activities related to weapons of mass destruction include: conducting research, creating, manufacturing, owning, repurchasing, preserving, storing, developing, transporting, selling, providing, transferring, technology transferring, importing, exporting, transshipping and using weapons of mass destruction or relevant activities prescribed in relevant resolutions of the United Nations Security Council; or providing technical training, consultancy, services, brokerage or support relating to any of the activities specified within this Point.

7. “Materials related to weapons of mass destruction” (hereinafter referred to as “related materials”) refer to items, materials, equipment, goods or technology including dual-use materials, equipment and technology related to activities specified in Point b Clause 6 of this Article, or specified in documents of the UN and resolutions of the United Nations Security Council approved in accordance with Chapter VII of the Charter of the UN on preventing, eliminating, halting and deterring proliferation and financing of proliferation of weapons of mass destruction.

8. “Dual-use materials, equipment and technology” refer to materials, equipment and technology that can be used for civil purposes or manufacturing, sale, transport and other activities related to weapons of mass destruction.

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10. “Financing of proliferation of weapons of mass destruction” refer to provision of money and/or assets to state actors or non-state actors to proliferate weapons of mass destruction.

11. “Preventing and countering proliferation of weapons of mass destruction” refer to diplomatic, economic, military and security activities, law enforcement, intelligence service, international cooperation, scientific research and other activities serving purposes of preventing, detecting, deterring, dealing with, responding to and remediating consequences of the proliferation and the financing of proliferation of weapons of mass destruction, minimizing risks or dangerous factors and aiming to eliminate weapons of mass destruction.

12. “Assets” are defined in the Civil Code and Law on Prevention of Money Laundering.

13. “Assets related to proliferation and financing of proliferation of weapons of mass destruction” include:

a) Assets under ownership or rights to possess, use, dispose, directly or indirectly partially or completely control belonging to an organization or individual listed under sanction list;

b) Assets originating from assets under ownership or rights to possess, use, dispose, directly or indirectly partially or completely control belonging to an organization or individual listed under sanction list;

c) Assets under ownership or rights to possess, use, dispose or control belonging to an organization or individual representing or inferior to an organization or individual listed under sanction list;

d) Assets used or supposed to be used for the proliferation and the financing of proliferation of weapons of mass destruction, or assets acquired by the proliferation and the financing of proliferation of weapons of mass destruction;

dd) Assets used or supposed to be used for the proliferation and the financing of proliferation of weapons of mass destruction acquired by appropriation or other violations of the law.

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a) Any form or agreement in which a financial institution accepts consignment of an asset; allows withdrawal or transfer of an asset; makes payment, submits or withdraws via an anonymous transfer tool on behalf of any other person; provides safe deposit boxes or other methods of safe depositing;

b) Any account that is closed, inactive or zero balance.

15. “Sanctioned organization or individual” refer to a group of people, a person, a juridical person or an entity participating in the proliferation and financing of the proliferation of weapons of mass destruction listed under resolutions and notices attached to Chapter VII of the Charter of the UN by the United Nations Security Council or determined by Vietnamese competent authorities.

16. “Establishment of list of sanctioned organizations and individuals” refers to operations of the Vietnamese competent authorities regarding preparation and publication of the list, request for addition and removal of sanctioned organizations or individuals from the list; receipt and process of request of other countries regarding identifying organizations or individuals involved or not involved in the proliferation and financing the proliferation of weapons of mass destruction.

Article 5. Principles of preventing and countering proliferation of weapons of mass destruction

1. Comply with the Constitution, regulations and law; ensure independence, sovereignty, unification and territorial integrity, interest of Government, legal rights and interest of agencies, organizations and individuals; comply with international agreements to which the Socialist Republic of Vietnam is a signatory; take charge preventing, detecting, deterring, combating and taking actions against the proliferation and financing the proliferation of weapons of mass destruction; combine preventing and countering the proliferation and financing of the proliferation of weapons of mass destruction with enhancing socioeconomic development, and maintaining national defense and security.

2. Ensure caution, positivity, engagement and timeliness in cooperation in taking actions and handling issues relating to preventing and countering proliferation of weapons of mass destruction; perform joint state management on national security, social order, safety and national defense tasks in accordance with joint direction and coordination of Government; ensure close cooperation among law enforcement forces in conducting tasks of ministries and local authorities in accordance with functions, tasks, powers and organizations prescribed by relevant law provisions.

3. Respect and preserve assets, rights and interest of a legal third party as per the law; compensate for damage regarding assets and interests of individuals and organizations caused by violations against the law of competent agencies and organizations during implementation of measures to prevent and counter the proliferation of weapons of mass destruction as per the law; take actions against violations regarding preventing and countering the proliferation of weapons of mass destruction and assets related to the weapons of mass destruction as per the law.

Article 6. Policies on preventing and countering proliferation of weapons of mass destruction

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2. Government shall adopt policies assisting research and application of technological and scientific achievements which serve preventing and countering the proliferation of weapons of mass destruction; invest in technical equipment, devices and operation, and provide benefit and interest for forces preventing and countering the proliferation of weapons of mass destruction in accordance with relevant law provisions.

3. Government shall adopt policies and measures to protect organizations and individuals during their participation in preventing and countering the proliferation of weapons of mass destruction; in case of injury or harm to health or loss of lives of such organizations and individuals, the victims or their relatives shall benefit from policies and interest as per the law. Organizations and individuals whose assets are mobilized to serve preventing and countering the proliferation of weapons of mass destruction shall receive damages should there be any damage to the assets according to relevant law provisions.

4. Organizations and individuals achieving excellence in preventing and countering the proliferation of weapons of mass destruction shall be commended according to commendation and emulation laws.

Article 7. Inspection

1. Inspection agencies of ministries and provincial People’s Committees shall cooperate with national presiding agency and presiding entities to inspect implementation of preventing and countering the proliferation and financing of the proliferation of weapons of mass destruction of organizations and individuals as prescribed in this Decree, relevant law provisions and national risk assessment results regarding the proliferation and financing of the proliferation of weapons of mass destruction.

2. An irregular inspection shall be conducted when:

a) A competent authority, via management operation, discovers information or documents displaying signs of violation against provisions of this Decree and relevant law provisions on preventing and countering proliferation of weapons of mass destruction; or

b) Information or denunciation regarding acts of proliferating and financing the proliferation of weapons of mass destruction is reported; or

c) Requested by a competent authority or the United Nations Security Council.

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1. Agencies, organizations and individuals are responsible for protecting state secrets about preventing and countering the proliferation of weapons of mass destruction in accordance with Law on State secret protection.

2. The national presiding agency while exchanging and providing information, documents and objects carrying information on preventing and countering the proliferation of weapons of mass destruction for international organizations as specified by the United Nations Security Council must comply with regulations and law of Vietnam on protection of state secret in relationship and working with foreign organizations and individuals.

Article 9. Funding sources

1. Funding for preventing and countering of weapons of mass destruction shall be allocated from the state budget within annual cost estimates of ministries, central government and local government authorities in accordance with their division. The making of cost estimates and settlement of budget for the implementation shall comply with provisions of Law on State budget and documents providing guidelines for implementation.

2. Other legal sources of funding.

Chapter II

ORGANIZATIONS PREVENTING AND COUNTERING PROLIFERATION OF WEAPONS OF MASS DESTRUCTION

Article 10. National presiding agency of Vietnam and entities presiding over preventing and countering proliferation of weapons of mass destruction

1. Ministry of National Defense shall act as National presiding agency of Vietnam regarding preventing and countering the proliferation of weapons of mass destruction (hereinafter referred to as “national presiding agency”).

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3. Ministries other than Ministry of Public Security and the State bank of Vietnam, ministerial agencies and provincial People’s Committees shall assign anti-terrorism steering committees of ministries, ministerial agencies and provincial People’s Committee as the entities presiding over preventing and countering the proliferation of weapons of mass destruction (hereinafter referred to as “presiding entities”), provincial police shall act as the standing agencies of the provincial presiding entities.

Article 11. Tasks of national presiding agency

1. Act as a counselor for Government and Prime Minister regarding organization and implementation of resolutions of the United Nations Security Council and international agreements to which the Socialist Republic of Vietnam is a signatory on preventing and countering the proliferation of weapons of mass destruction.

2. Take on and carry out the tasks, instruct ministries and local government to carry out the tasks in accordance with regulations and law, resolutions of the United Nations Security Council or international agreements to which the Socialist Republic of Vietnam is a signatory on preventing and countering the proliferation of weapons of mass destruction or provisions under this Decree.

3. Receive information about the proliferation and financing of the proliferation of weapons of mass destruction reported by countries, international organizations, ministries and local government; cooperate with relevant presiding entities to identify, clarify and propose measures as specified in this Decree and relevant law provisions or resolutions of the United Nations Security Council; cooperate with Ministry of Public Security, the State bank of Vietnam and instruct the presiding entities to dispose assets related to the proliferation and financing of the proliferation of weapons of mass destruction as follows:

a) Return to legal owners or managers in case such assets are appropriated or illegally used by other persons for the purposes of proliferation and financing of proliferation of weapons of mass destruction;

b) Provide for expenditure on necessary payment serving daily routines of individuals whose money and/or assets are suspended, frozen, detained or disposed, and expenditure on other legal obligations of organizations and individuals whose assets are suspended, frozen, detained or disposed;

c) Unfreeze and return to organizations and individuals if they are removed from the list of sanctioned organizations and individuals or if they are incorrectly identified to be included in the list of sanctioned organizations and individuals.

4. Receive information about materials related to weapons of mass destruction reported by countries, international organizations, ministries and local governments; cooperate with Ministry of Public Security, presiding entities and relevant organizations and individuals to identify, clarify and propose measures. In case the related materials are suspected to possess certain dangerous properties and danger level, take charge directing specialized forces to cooperate with presiding entities and governing bodies to detect and collect the materials, and identify dangerous properties and danger level of the materials; if the materials possess any hazardous factors of chemical, biological, radioactive or nuclear agents, take charge and cooperate with persons discovering the materials to dispose following specialized procedures to ensure safety to society; in case of no hazardous factors mentioned above, hand over to the governing bodies for disposal in accordance with relevant law provisions.

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a) Maintain public declaration on website of the national presiding agency on application of obligations of this Decree to all agencies, organizations and individuals in Vietnam regarding suspending, detaining and freezing assets without delay and without notice in advance with respect to assets or assets related to weapons of mass destruction of sanctioned organizations and individuals;

b) The suspending, detaining and freezing of assets shall be implemented without delay and maintained within 24 hours after notice of the United Nations Security Council, the national presiding agency shall provide a link leading directly to the website of the United Nations Security Council stipulating obligations of all agencies, organizations and individuals in Vietnam regarding application and monitor of that website on a regular basis in order to comply with the suspending, detaining and freezing of assets;

c) Within 24 hours from the point in which the United Nations Security Council approves, publicize and send the list of sanctioned organizations and individuals to all ministries, ministerial agencies and provincial People’s Committees who will then direct agencies, organizations and individuals under their management to immediately adopt sanctions of the United Nations Security Council against sanctioned organizations and individuals and take appropriate preventive measures as specified in this Decree;

d) Report to Prime Minister for instruction to continuously implement resolutions of the United Nations Security Council; exchange information and ensure joint, close and efficient coordination to enable ministries and local governments to adopt without delay sanctions relating to preventing and countering the proliferation and financing of the proliferation of weapons of mass destruction;

dd) Receive reports on implementation of measures of preventing and countering the proliferation of weapons of mass destruction produced by ministries, consolidate the reports, propose Prime Minister and submit national reports to Sanctions Committee established under resolutions of the United Nations Security Council or international agreements to which Vietnam is a signatory.

e) Receive request of other countries and cooperate with presiding entities of ministries and local governments to determine whether or not an agency, organization or individual is involved in the proliferation and financing of the proliferation of weapons of mass destruction; respond to other countries with the determination results as per the law;

g) Receive relevant information and cooperate with presiding entities to add or remove sanctioned organizations and individuals from the list, propose Prime Minister and notify or request the United Nations Security Council to add or remove sanctioned organizations and individuals from the list and publicize the list of sanctioned organizations and individuals as per the law;

h) Take charge and cooperate with presiding entities to examine, supervise and inspect according to Article 7 of this Decree; request criminal, administrative or civil prosecution as per the law with respect to organizations and individuals that fail to comply.

6. Grant organizations or individuals under the sanctions list permission to request removal from the sanctions list at presiding entities or inform sanctioned organizations or individuals about direct submission to the national presiding agency. In case an organization or individual under the sanctions list of the United Nations Security Council is not satisfactory in order to be identified as an organization or individual related to the proliferation and financing of the proliferation of weapons of mass destruction according to resolutions of the United Nations Security Council issued on the basis of Chapter VII of the Charter of the UN, take charge and cooperate with relevant presiding entities to request Prime Minister to consider and request competent authorities of the UN to remove that organization or individual from the sanctions list of the United Nations Security Council.

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8. In case an organization or individual is satisfactory to be identified as an organization or individual related to the proliferation and financing of the proliferation of weapons of mass destruction according to resolutions of United Nations Security Council issued on the basis of Chapter VII of the Charter of the UN, take charge and cooperate with relevant presiding entities to report to Prime Minister and request the UN and relevant countries to add that organization or individual to the sanctions list.

9. In case a Vietnamese organization or individual is identified as an organization or individual related to the proliferation and financing of the proliferation of weapons of mass destruction by other countries but not satisfactory to resolutions of United Nations Security Council issued on the basis of Chapter VII of the Charter of the UN, take charge and cooperate with relevant presiding entities to report to Prime Minister and request the UN and relevant countries to remove that organization or individual from the sanctions list.

10. Take charge and cooperate with ministries, ministerial agencies and provincial People’s Committees to carry out national risk assessment regarding the proliferation and financing of the proliferation of weapons of mass destruction once every 5 years; take into account national and international common activities, common financing activities and crimes relating to weapons of mass destruction in order to present measures to prevent and counter the proliferation of weapons of mass destruction to Prime Minister and send assessment and analysis results to ministries and local governments to develop general orientations, standards and measures, including activities effective in preventing and countering the proliferation, financing of the proliferation and violations against the law relating to weapons of mass destruction; share information with international organizations, regional organizations and other partying countries.

Article 12. Tasks of presiding entities

1. Act as counselors to heads of ministries, ministerial agencies, Chairpersons of provincial People’s Committees to enable cooperated implementation, information exchange, encouragement, examination and instructions on preventing and countering the proliferation of weapons of mass destruction under their management and specialities.

2. Update, receive information on a regular basis and cooperate with the national presiding agency to adopt measures to prevent and counter the proliferation of weapons of mass destruction as specified in this Decree, relevant law provisions or international agreements to which the Socialist Republic of Vietnam is a signatory on preventing and countering the proliferation of weapons of mass destruction.

3. Consolidate and report to heads of ministries, ministerial agencies, provincial People’s Committees and the national presiding agency results of implementation of this Decree, relevant law provisions and sanctions in accordance with resolutions of the United Nations Security Council or international agreements to which the Socialist Republic of Vietnam is a signatory on preventing and countering the proliferation of weapons of mass destruction.

4. Receive information and take charge verifying within their competence whether organizations or individuals are related or not related to the proliferation and financing of the proliferation of weapons of mass destruction; report to directors provincial police to make decisions or overrule decisions to suspend, freeze, seal or detain money or assets related to the proliferation and financing of the proliferation of weapons of mass destruction; request the national presiding agency to add or remove organizations or individuals from the list; perform other tasks upon request.

5. Cooperate with the national presiding agency to examine and inspect according to Article 7 of this Decree; request criminal, administrative or civil prosecution as per the law with respect to organizations and individuals that fail to comply.

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Article 13. Cooperation between national presiding agency and standing agencies of anti-terrorism steering committees, between standing agencies of anti-money laundering steering committees and presiding entities in preventing and countering proliferation of weapons of mass destruction

1. Comply with Clause 2 Article 5 of this Decree, Law on Anti-money laundering, Law on Anti-terrorism and other relevant regulations and law.

2. The cooperation between the national presiding agency and standing agencies of anti-terrorism steering committees and between standing agencies of anti-money laundering steering committees and presiding entities refers to cooperation in terms of joint operations regarding protecting national security, social security and order, preventing and combating money laundering, preventing and combating terrorism and preventing and countering proliferation of weapons of mass destruction.

3. The national presiding agency shall establish a web page on the website of Ministry of National Defense and a hotline connecting to the website of Ministry of Public Security, State Bank of Vietnam and presiding entities to facilitate regular information update and publication of list of sanctioned organizations and individuals; connect to the website of the United Nations Security Council to facilitate receipt and exchange of information on preventing and countering the proliferation and financing of the proliferation of weapons of mass destruction.

4. Ministries and provincial People’s Committees shall direct presiding entities within their management to cooperate with the national presiding agency to receive and forward information on preventing and countering the proliferation of weapons of mass destruction to agencies, organizations and individuals under their management; report on situation, conditions, policies, measures and results of inspection, examination, sanctions and information about preventing and countering the proliferation and financing of the proliferation of weapons of mass destruction; provide information serving national risk assessment regarding the proliferation and financing of the proliferation of weapons of mass destruction; report on plans and schemes for training, detecting and arresting organizations and individuals proliferating weapons of mass destruction for timely response without casualties or consequences to the society.

5. Information exchange must be timely, accurate and made via the hotline, website or physical form by the national presiding agency, presiding entities and relevant agencies and units on a six-monthly basis, annual basis or irregular basis.

Article 14. Forces and means of preventing and countering proliferation of weapons of mass destruction

1. Forces and means of preventing and countering proliferation of weapons of mass destruction include:

a) Agencies and units carrying out anti-terrorism tasks affiliated to Ministry of National Defense, Ministry of Public Security assigned to prevent and counter the proliferation of weapons of mass destruction as specified in this Decree and relevant law provisions;

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c) Scientists in the fields of nuclear, radioactivity, chemistry, biology, medical, information technology, cyber security, financial and relevant non-financial businesses and professions; experts in other relevant fields;

d) International organizations, experts and forces;

dd) Other mobilized organizations and individuals participating in preventing and countering the proliferation of weapons of mass destruction.

2. Minister of National Defense shall specify tasks and powers of the agencies and units under their management specified in Points a and b Clause 1 of this Article. Minister of Public Security shall specify tasks and powers of the agencies and units under their management specified in Point a Clause 1 of this Article.

Chapter III

PREVENTING PROLIFERATION OF WEAPONS OF MASS DESTRUCTION

Article 15. Information, spread and education about preventing and countering proliferation of weapons of mass destruction

1. Competent agencies and individuals are responsible for informing, publicizing and training in preventing and countering the proliferation of weapons of mass destruction in order to raise awareness, responsibility and efficiency in preventing and countering the proliferation of weapons of mass destruction with respect to organizations and individuals under their management.

2. Contents of information, spread and education about preventing and countering proliferation of weapons of mass destruction include:

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b) Aims, policies, regulations and law of Government, measures and experience in preventing and countering the proliferation of weapons of mass destruction;

c) Responsibilities of agencies, organizations and individuals in preventing and countering proliferation of weapons of mass destruction and implementation of obligations in accordance with resolutions or notices of the United Nations Security Council relating preventing and countering the proliferation and financing of the proliferation of weapons of mass destruction;

d) Other activities necessary to serve preventing and countering the proliferation of weapons of mass destruction.

3. Methods of informing and publicizing

Comply with regulations and law on publicizing and educating in law and publicized information.

Article 16. State management regarding security and order

1. Competent agencies and individuals performing state management regarding security and order, via their operations, are responsible for promptly detecting schemes, ploys and methods of operation of organizations and individuals proliferating and financing the proliferation of weapons of mass destruction and adopting appropriate measures.

2. Measures preventing the proliferation and financing of the proliferation of weapons of mass destruction via state management regarding security and order include:

a) Management of residence, archives and Citizen Identity Cards;

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c) Patrol, control and supervision of primary targets in terms of security and order in airports, ports, stations, bus stations, border checkpoints, border areas, crowded areas and other public places;

d) Management of entry, exit and transit;

dd) Other methods of state management on security and order.

Article 17. Control of transportation

Competent agencies and individuals affiliated to Ministry of Transport, Ministry of Public Security, Ministry of National Defense and relevant ministries controlling transportation on road, railway, inland waterways, seaway and airway are responsible for promptly detecting, deterring, handling and informing competent agencies about organizations and individuals exploiting transport activities to proliferate and finance the proliferate weapons of mass destruction as specified in this Decree and relevant law provisions.

Article 18. Control of publication, press, post, telecommunication and other forms of information

Competent agencies and individuals operating in publication, press, post, telecommunication, printing, telegraphy, information technology, electronic, broadcasting and television, electronic information and communication are responsible for promptly controlling, detecting, deterring and taking actions against exploitation of these activities to proliferate and finance the proliferation of weapons of mass destruction; controlling, detecting, deterring and taking actions against introducing, informing and advertising weapons of mass destruction on the internet.

Article 19. Control of activities relating to food safety, pharmaceuticals, cosmetics and agriculture sectors

Competent agencies and individuals controlling food safety, animal feed, veterinary drugs, agrochemical, pharmaceuticals, cosmetics, specimens and fertilizers are responsible for promptly detecting, deterring and taking actions against exploitation of these activities to proliferate and finance the proliferation of weapons of mass destruction as per the law.

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1. Competent agencies and individuals performing state management on biological agents, chemical agents, radioactive materials, nuclear materials, dispersion technology and methods via their operations are responsible for stringently and promptly controlling and detecting exploitation of these activities to proliferate weapons of mass destruction and adopting appropriate measures as specified in this Decree and relevant law provisions.

2. Ministry of National Defense shall take charge and cooperate with ministries in charge of biological agents, chemical agents, radioactive materials, nuclear materials and dispersion technology and methods specified in Articles 34, 35, 36 and 37 of this Decree and relevant ministries to issue documents guiding implementation of Clause 1 of this Article.

Article 21. Control of materials related to weapons of mass destruction

Competent agencies and individuals responsible for stringently controlling materials and activities related to weapons of mass destruction are specified in Point b Clause 6 and Clause 7 Article 4 of this Decree and relevant law provisions; promptly detecting any violations and violations related to the proliferation of weapons of mass destruction, reporting to presiding entities under their management and adopting appropriate measures in accordance with this Decree and relevant law provisions.

Article 22. Management of financial sectors, non-financial businesses and professions and relevant agencies, organizations and individuals

1. Ministries, ministerial agencies and provincial People’s Committees within their powers must deter Vietnamese organizations and individuals, foreign organizations and individuals staying in Vietnam from providing money or assets for organizations and individuals related to the proliferation of weapons of mass destruction, unless permitted, authorized or informed according to relevant resolutions of the United Nations Security Council.

2. Financial institutions, organizations and individuals operating non-financial businesses and professions, intermediary payment services and relevant agencies, organizations and individuals are responsible for:

a) adopting methods to detect and update information of clients according to regulations and law on anti-money laundering. Upon suspecting that clients or trade thereof are related to the financing of proliferation of weapons of mass destruction, immediately suspend the circulation and freeze assets related to the proliferation and financing of the proliferation of weapons of mass destruction; inform competent presiding entities about adoption of such measures; the suspension or freezing of these assets may only be lifted if instructed by the presiding entities; report to the presiding entities about results of compliance including cases of unsuccessful adoption;

b) updating, on a regular basis, list of sanctioned organizations and individuals; list of organizations and individuals removed from the sanctions list; reporting to the national presiding agency or presiding entities any frozen assets or assets related to weapons of mass destruction or results of implementation of relevant requests of the United Nations Security Council, including trade that are being attempted.

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d) developing and adopting internal regulations on preventing and countering the proliferation and financing of the proliferation of weapons of mass destruction according to this Decree and relevant law provisions.

3. Within no more than 03 days from the date on which notices of agencies, organizations and individuals specified in Clause 2 of this Article are received, presiding entities are responsible for considering and adopting measures; if the fact that money and assets are related to the proliferation and financing of the proliferation of weapons of mass destruction is well-grounded, decide to freeze accounts, seal or detain assets; in case the fact that organizations and individuals are related to the proliferation and financing of the proliferation of weapons of mass destruction is not well-grounded, instruct the agencies, organizations and individuals specified in Clause 2 of this Article to immediately terminate the suspension and freezing of assets.

4. In case the fact that money and assets are related to the proliferation of weapons of mass destruction is well-grounded, presiding entities must immediately inform relevant organizations and individuals and decide to adopt sanctions against assets and money according to Law on Anti-money laundering and Law on Anti-terrorism within 30 days from the date on which the notice is published. With respect to cases with complicated facts or requiring examination and verification in multiple locations, the deadline for making the decision is no more than 60 days; in case of verification and collection of evidence abroad, the deadline is no more than 90 days.

Article 23. Control of border areas and at sea

Competent agencies and individuals controlling vehicles, money, weapons, import and export goods, transit, security and order in border areas and at sea are responsible for stringently controlling organizations and individuals together with vehicles, import, export and transit goods to detect, deter and take actions against exploitation of these activities to proliferate weapons of mass destruction according to this Decree and relevant law provisions.

Article 24. Development and adoption of measures to prevent and counter proliferation of weapons of mass destruction

Ministry of National Defense shall take charge and cooperate with Ministry of Public Security, allocated ministries and provincial People’s Committees are responsible for developing programs, providing training, drilling and adopting measures to prevent and counter the proliferation of weapons of mass destruction; measures to respond and remediate consequences of the proliferation of weapons of mass destruction.

Chapter IV

COUNTERING PROLIFERATION OF WEAPONS OF MASS DESTRUCTION

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1. Via their operations, if agencies, organizations and individuals detect proliferation and financing of proliferation of weapons of mass destruction or other violations against the law regarding weapons of mass destruction, promptly inform forces specified in Point a Clause 1 Article 14 of this Decree or the nearest military and police, People’s Committees to take actions as per the law.

2. The national presiding agency shall report to Prime Minister and request the Committee established under resolutions of the United Nations Security Council to add violating organizations and individuals to sanctions list.

3. Forces of preventing and countering the proliferation of weapons of mass destruction specified in Point a Clause 1 Article 14 of this Decree are responsible for adopting specialized and technical measures according to relevant law provisions to promptly detect and defer the proliferation of weapons of mass destruction; guiding and assisting agencies, organizations and individuals in recognizing the proliferation and financing of the proliferation of weapons of mass destruction and methods of detecting, informing and accusing the proliferation and financing of the proliferation of weapons of mass destruction; immediately adopting measures to counter the proliferation and financing of the proliferation of weapons of mass destruction according to this Decree and relevant law provisions.

Article 26. Measures to counter proliferation and financing of proliferation of weapons of mass destruction in protection of national security, social order and safety and national defense

Measures, procedures and authority to adopt measures to counter the proliferation and financing of the proliferation of weapons of mass destruction while protecting national security, social order and safety and national defense shall comply with this Decree and regulations and law on national security, social order and safety, Law on Anti-money laundering, Law on Anti-terrorism and Law on Management and Use of Weapons, Explosives and Combat Gears.

Article 27. Implementation of resolutions of the United Nations Security Council approved in Chapter VII of Charter of UN regarding preventing, deterring and disrupting proliferation and financing of proliferation of weapons of mass destruction

1. Once resolutions of the United Nations Security Council are approved, ministries, ministerial agencies, provincial People’s Committees and organizations and individuals are responsible for following guidelines of the national presiding agency and presiding entities.

2. Authority and procedures for adoption of preventive measures relating assets and economic resources related to the proliferation and financing of the proliferation of weapons of mass destruction.

a) The national presiding agency shall comply with Clause 5 Article 11 of this Decree.

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c) The national presiding agency and presiding entities must promptly share information on assets related to sanctioned organizations and individuals on the websites in the form of text documents and request agencies, organizations and individuals to adopt measures to prevent and counter the proliferation of weapons of mass destruction; provide guidelines on implementation of measures to prevent and counter the proliferation of weapons of mass destruction for financial institutions and other individuals or organizations, including organizations and individuals operating relevant non-financial businesses and professions;

d) The national presiding agency and presiding entities shall permit receipt of payments of interest, other revenues or payment under contracts, agreements or arising obligations prior to the suspension by accounts that are frozen by resolutions of the United Nations Security Council under the condition that the payments above are also frozen;

dd) The national presiding agency and presiding entities shall permit payments under previous contracts to be made under the condition that the contracts are not related to banned commodities, materials, devices, technology, financial assistance, training, investment, brokerage or services mentioned in relevant resolutions of the United Nations Security Council; ensure that the payments are not transferred directly or indirectly to sanctioned organizations and individuals according to the resolutions of the United Nations Security Council; The national presiding agency must inform the Sanctions Committee established under resolutions of the United Nations Security Council about arrangement or receipt of payments or asset release 10 days prior to the arrangement or authorization for the arrangement;

e) An organization or individual may apply to a presiding entity for permission to protect their legal rights to frozen assets related to sanctioned organizations and individuals by following procedures specified in the Civil Code; once an application is satisfactory, the presiding entity shall inform the national presiding agency who will then report to the Prime Minister for permission to present the application to the Sanctions Committee established under resolutions of the United Nations Security Council;

g) In case of permit issued by the Sanctions Committee established under resolutions of the United Nations Security Council, the national presiding agency shall notify release of frozen assets of organizations and individuals related to sanctioned organizations and individuals; demand uses other than for the proliferation of weapons of mass destruction, facilitate other relevant uses or revoke license issued by the Sanctions Committee to protect legal rights and benefit owned by a third party with respect to frozen assets provided evidence suggesting organizations and individuals violate relevant law provisions;

h) Other organizations and individuals whose assets are frozen due to relation with sanctioned organizations and individuals may request presiding entities to dispose frozen goods;

i) After confirming that an organization or individual are mistakenly frozen due to identical or almost identical name to a sanctioned organization or individual or not related to a sanctioned organization or individual, a presiding entity shall inform the national presiding agency and publicly release assets of that organization or individual which are mistakenly frozen;

k) Organizations and individuals mentioned in list of sanctioned organizations and individuals, cases of removal from the list of sanctioned organizations and individuals, or suspended, frozen or release assets mentioned in sanctions list shall be publicly uploaded on web page of the national presiding agency on the website of Ministry of National Defense to enable financial institutions, relevant organizations and individuals operating non-financial businesses and professions, and organizations and individuals holding assets of sanctioned persons to acknowledge and cooperate with presiding entities and relevant agencies to deal with according to this Decree and relevant law provisions;

l) The national presiding agency shall take charge and cooperate with relevant ministries to gain access to assets frozen overseas when Vietnam identifies exceptions specified in resolutions of the United Nations Security Council and in conformity with procedures specified in the resolutions.

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Based on functions and tasks according to authority, ministries, ministerial agencies and provincial People’s Committees shall comply with resolutions of the United Nations Security Council, this Decree and relevant law provisions; especially measures to enhance effectiveness in controlling materials and activities related to weapons of mass destruction as specified in resolutions of the United Nations Security Council; inform the national presiding agency about the implementation results.

4. Implement decisions relating to entry, exit and transit as specified in resolutions

Impose bans on entry, exit and permit based on list of sanctioned organizations and individuals specified in relevant resolutions; supervise in accordance with Law on entry, exit, transit and residence of foreigners in Vietnam and adopt measures to strengthen control over sanctioned organizations and individual; inform the national presiding agency about the implementation results.

Chapter V

RESPONSIBILITIES OF REGULATORY AUTHORITIES IN PREVENTING AND COUNTERING PROLIFERATION OF WEAPONS OF MASS DESTRUCTION

Article 28. State management responsibility in preventing and countering proliferation of weapons of mass destruction

1. Government shall perform joint state management on preventing and countering the proliferation of weapons of mass destruction.

2. Ministry of National Defense is responsible to Government for taking charge and cooperating in state management regarding preventing and countering the proliferation of weapons of mass destruction.

3. Ministries, ministerial agencies and provincial People’s Committees are responsible for cooperating and carrying out tasks relating to preventing and countering the proliferation of weapons of mass destruction within their assigned authority and field.

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1. Regarding state management on preventing and countering the proliferation of weapons of mass destruction:

a) Perform functions and tasks of the national presiding agency specified in Article 11 of this Decree;

b) Request Government to develop and finalize regulations and law on preventing and countering the proliferation of weapons of mass destruction;

c) Take charge and cooperate to develop and present competent authorities to issue or issue within their competence legislative documents, strategies, programs, plans, schemes and measures to prevent and counter the proliferation of weapons of mass destruction, including legislative documents on administrative sanctions in preventing and countering the proliferation of weapons of mass destruction and list of related materials;

d) Take charge, cooperate with relevant ministries and instruct provincial People’s Committees to implement legislative documents, strategies, programs, plans, schemes and measures to prevent and counter the proliferation of weapons of mass destruction;

dd) Take charge and cooperate with Ministry of Public Security, and relevant agencies and organizations to issue and implement decisions on training and strengthening officials operating in preventing and countering the proliferation of weapons of mass destruction;

e) Take charge and cooperate with relevant agencies and organizations to report and conduct final reports on preventing and countering the proliferation of weapons of mass destruction; propose and suggest measures relating to preventing and countering the proliferation of weapons of mass destruction;

g) Take charge inspecting, dealing with complaints and accusations in preventing and countering the proliferation of weapons of mass destruction;

h) Take charge and cooperate with Ministry of Public Security and relevant ministries to perform international cooperation in preventing and countering the proliferation of weapons of mass destruction in accordance with relevant law provisions.

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a) Assign and ensure adequate equipment provision for forces of preventing and countering the proliferation of weapons of mass destruction affiliated to Ministry of National Defense specified in Points a and b Article 14 of this Decree;

b) Take charge and cooperate with ministries, relevant agencies and organizations to direct and organize implementation of preventing and countering the proliferation of weapons of mass destruction on a nationwide scale as specified in Chapters III and IV of this Decree; cooperate with Ministry of Public Security to organize implementation of preventing and countering the proliferation of weapons of mass destruction under the management of Ministry of Public Security;

c) Direct agencies and units under their management to perform tasks and powers as specified in Chapters III and IV of this Decree; detect, investigate and take actions against organizations and individuals proliferating and financing the proliferation of weapons of mass destruction as per the law;

d) Direct regulatory agencies and bodies under their management to update on worldwide, domestic and local development and proliferation of weapons of mass on a regular basis; cooperate with relevant ministries and local governments in conducting national risk assessment, investigating the proliferation and financing of the proliferation of weapons of mass destruction in Vietnam territory; consult and make suggestions regarding preventing and countering the proliferation of weapons of mass destruction for direction and implementation of Government;

dd) Develop legislative documents on implementation of international agreements in which the Socialist Republic of Vietnam is a signatory on prohibiting proliferation of weapons of mass destruction, including strengthening of forces, research and manufacture of equipment and devices serving operations, and security and safety assurance; timely response and remediation of incidents and situations regarding weapons of mass destruction in Vietnam territory, and international agreements on preventing and countering the proliferation of weapons of mass destruction.

Article 30. Responsibilities of Ministry of Public Security

1. Assign and ensure adequate equipment provision for forces of preventing and countering the proliferation of weapons of mass destruction affiliated to Ministry of Public Security.

2. Cooperate with Ministry of National Defense to perform tasks specify in Clause 3 Article 11; Points c, d and dd Clause 1 and Points b and dd Clause 2 Article 29 of this Decree.

3. Instruct agencies and units under their management to cooperate with agencies and military units in development, training, drill and adoption of measures to prevent and counter the proliferation of weapons of mass destruction.

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5. Cooperate with Ministry of National Defense, Ministry of Foreign Affairs and relevant ministries to implement international cooperation in preventing and countering the proliferation and financing of the proliferation of weapons of mass destruction within their competence.

6. Prepare list of organizations and individuals related to the proliferation and financing of the proliferation of weapons of mass destruction within their management and request the national presiding agency to add to or remove from list of sanctioned individuals according to resolutions of the United Nations Security Council on preventing and countering the proliferation and financing of the proliferation of weapons of mass destruction.

7. Direct agencies and units under their management to perform tasks and powers specified in Chapters III and IV of this Decree based on their functions; detect, investigate and take actions against organizations and individuals proliferating and financing the proliferation of weapons of mass destruction.

Article 31. Responsibilities of Ministry of Foreign Affairs

1. Within their tasks and powers, organize implementation of activities relating preventing and countering the proliferation of weapons of mass destruction according to this Decree and other relevant law provisions.

2. Cooperate with Ministry of National Defense, Ministry of Public Security, Ministry of Industry and Trade and relevant ministries in fulfilling guarantees of Vietnam to prevent and counter the proliferation of weapons of mass destruction according to this Decree and international agreements to which Vietnam is a signatory.

3. Cooperate with Ministry of National Defense to implement Point 1 Clause 2 Article 27 of this Decree.

Article 32. Responsibilities of State Bank of Vietnam

1. Within their tasks and powers, cooperate with ministries to exchange information and adopt measures to prevent and deter the proliferation and financing of the proliferation of weapons of mass destruction; cooperate to implement Point c Clause 1 Article 29 of this Decree.

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3. Cooperate with Ministry of National Defense, Ministry of Public Security and relevant ministries to implement international cooperation in preventing and countering the proliferation of weapons of mass destruction within their competence.

Article 33. Responsibilities of Ministry of Finance

1. Within their tasks and powers, cooperate with Ministry of National Defense and ministries to exchange information and adopt measures to prevent and deter the proliferation and financing of the proliferation of weapons of mass destruction in management of goods export, import and relevant organizations and individuals operating non-financial businesses and operations specified in this Decree and relevant law provisions; cooperate to implement Point c Clause 1 Article 29 of this Decree.

2. Ensure adequate financing for preventing and countering the proliferation of weapons of mass destruction.

Article 34. Responsibilities of Ministry of Industry and Trade

Within their tasks, powers and lead in management of dual-use chemicals under control of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, Ministry of Industry and Trade is responsible for cooperating with Ministry of National Defense and relevant ministries to exchange information and adopt measures to prevent, deter and take actions against exploitation of commercial chemical activities to proliferate and finance the proliferation of weapons of mass destruction according to this Decree and other relevant law provisions; cooperate to implement Point c Clause 1 Article 29 of this Decree.

Article 35. Responsibilities of Ministry of Health

Within their tasks, powers and implementation of the Biological Weapons Convention, Ministry of Health is responsible for cooperating with Ministry of National Defense and ministries to exchange information and adopt measures to control food safety and hygiene, pharmaceuticals, cosmetics and specimens in order to promptly detect, deter and take actions against exploitation of these activities to proliferate and finance the proliferation of weapons of mass destruction according to this Decree and relevant law provisions; cooperate to implement Point c Clause 1 Article 29 of this Decree.

Article 36. Responsibilities of Ministry of Science and Technology

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Article 37. Responsibilities of Ministry of Agriculture and Rural Development

Within their tasks and powers, Ministry of Agriculture and Rural Development is responsible for cooperating with Ministry of National Defense and ministries to exchange information and adopt measures to promptly prevent, deter and take actions against exploitation of activities relating veterinary drugs, agrochemicals, fertilizers and relevant dual-use commodities, materials, devices and technology used in agriculture sector to proliferate and finance the proliferation of weapons of mass destruction; cooperate to implement Point c Clause 1 Article 29 of this Decree.

Article 38. Responsibilities of Ministry of Transport

1. Within their tasks and powers, organize implementation of activities relating preventing and countering the proliferation of weapons of mass destruction according to this Decree and other relevant law provisions; cooperate to implement Point c Clause 1 Article 29 of this Decree.

2. Direct agencies and units under their management to stand by and be ready to participate in preventing and countering the proliferation of weapons of mass destruction upon mobilized.

3. Cooperate with Ministry of National Defense, Ministry of Public Security, relevant ministries and local People’s Committees:

a) To develop, train, drill and organize adoption of measures to prevent and counter the proliferation of weapons of mass destruction on aircrafts, ships, trains and other public transportations;

b) To implement control of transportation specified in Article 17 of this Decree and relevant law provisions to detect, deter and take actions against the proliferation of weapons of mass destruction.

Article 39. Responsibilities of Ministry of Information and Communications

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2. Direct agencies and units under their management to stand by and be ready to participate in preventing and countering the proliferation of weapons of mass destruction upon mobilized.

3. Direct agencies and enterprises operating in publication, press, post, telecommunication and information technology to:

a) Ensure information safety in preventing and countering the proliferation weapons of mass destruction;

b) Cooperate with the military and police to develop and adopt measures to prevent, counter the proliferation of weapons of mass destruction and control the publication, press, post, telecommunication and information technology in order to detect and take actions against exploitation of these activities to proliferate and finance the proliferation of weapons of mass destruction;

c) Supervise broadcasting of news on the proliferation and financing of the proliferation of weapons of mass destruction on mass media and information systems; publicize and raise awareness on preventing and countering the proliferation of weapons of mass destruction of officials and inhabitants; actively detect exploitation of information and communication activities of organizations and individuals to proliferate weapons of mass destruction.

Article 40. Responsibilities of relevant ministries

Within their tasks and powers, ministries are responsible for cooperating, exchanging information and adopting measures to prevent and deter the proliferation and financing of the proliferation of weapons of mass destruction according to this Decree and relevant law provisions.

Article 41. Responsibilities of provincial People’s Committees

Within their tasks and powers, provincial People’s Committees are responsible for cooperating, exchanging information and adopting measures to prevent and deter the proliferation and financing of the proliferation of weapons of mass destruction according to this Decree and relevant law provisions.

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IMPLEMENTATION

Article 42. Entry into force

This Decree comes into force from the day of signing.

Article 42. Responsibilities for implementation

1. Ministry of National Defense shall take charge and cooperate with relevant ministries to inspect and facilitate implementation of this Decree.

2. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities are responsible for implementation of this Decree./.

PP. GOVERNMENT
PRIME MINISTER




Nguyen Xuan Phuc

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