Decree No. 81/2019/ND-CP prevention and combat of proliferation of weapons of destruction

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Decree No. 81/2019/ND-CP dated November 11, 2019 of the Government on prevention and combat of proliferation of weapons of mass destruction
Issuing body: GovernmentEffective date:
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Official number:81/2019/ND-CPSigner:Nguyen Xuan Phuc
Type:DecreeExpiry date:Updating
Issuing date:11/11/2019Effect status:
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Fields:National Security

SUMMARY

To increase responsibility on prevention and combat against the proliferation of weapons of mass destruction

The Government promulgates the Decree No. 81/2019/ND-CP on prevention and combat against proliferation of weapons of mass destruction on November 11, 2019.

Accordingly, the Ministry of National Defense is the Vietnam's National Focal Agency in the prevention and combat against the proliferation of weapons of mass destruction. The Chemical Command under the Ministry of National Defense is the standing body of the National Focal Agency. The National Focal Agency - the Ministry of National Defense shall take responsibility of:

Firstly, to maintain a clear public Statement on the website of the National Focal Agency regarding the obligations of this Decree applicable to all agencies, organizations and individuals in Vietnam in the suspension of circulation, seizure and freezing of property without delay and without prior notice for property related to weapons of mass destruction of the designated organization or individual;

Secondly, the suspension of circulation, seizure and freezing of properties without delay shall be made and maintained 24 hours after the notice of the Security Council of the United Nations is issued and the National Focal Agency provides one direct link to the United Nations Security Association website for obligations to all agencies, organizations and individuals in Vietnam to apply and regularly follow that website to comply with obligations for suspension of circulation, seizure and freezing of properties...

Competent agencies and persons shall disseminate information and educate organizations and individuals under their management about the prevention and combat against proliferation of weapons of mass destruction in order to raise their awareness, responsibility and effectiveness of prevention and combat against proliferation of weapons of mass destruction.

This Decree takes effect from the date of its signing.

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Effect status: Known
TTXVN

THE GOVERNMENT

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 81/2019/ND-CP

 

Hanoi, November 11, 2019

 

DECREE

On prevention and combat of proliferation of weapons of mass destruction[1]

 

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

Pursuant to the April 9, 2016 Law on Treaties;

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

Pursuant to the February 2012 Forty Recommendations of the Financial Action Task Force (FATF) for money laundering prevention and combat;

At the proposal of the Minister of National Defense;

The Government promulgates the Decree on prevention and combat of proliferation of weapons of mass destruction.

 

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides for principles, policies, measures, forces and means for the prevention and combat of proliferation of weapons of mass destruction; and responsibilities of agencies, organizations and individuals in the prevention and combat of proliferation of weapons of mass destruction.

Article 2. Subjects of application

This Decree applies to Vietnamese citizens, agencies and organizations; vessels flying the Vietnamese flag and aircraft bearing Vietnamese nationality wherever they are; international organizations, foreign organizations and foreigners residing and working or operating in the Vietnamese territory. In case a treaty to which the Socialist Republic of Vietnam is a contracting party otherwise provides for, such treaty prevails.

Article 3. Application of the Decree on prevention and combat of proliferation of weapons of mass destruction, relevant laws and treaties

The prevention and combat of proliferation of weapons of mass destruction shall be carried out in accordance with this Decree and other relevant regulations and treaties on prevention and combat of proliferation of weapons of mass destruction to which the Socialist Republic of Vietnam is a contracting party, and relevant resolutions adopted by the United Nations Security Council in accordance with Chapter VII of the United Nations Charter.

Article 4. Interpretation of terms    

In this Decree, the terms below are construed as follows:

1. Weapons of mass destruction or weapons of large-scale destruction means weapons built or manufactured to be capable of causing mass casualties and a high order of destruction or bringing great damage to humans, technical devices, physical foundations or the eco-environment and causing terror or psychological suffering to humans, including nuclear, radiological, chemical, biological and other weapons that have the similar massively destructive property or capacity.

2. Nuclear weapons means weapons that derive their destructive power from energy released from uncontrolled nuclear fission and fusion reactions. When set off, they produce lethal effects including shockwave, photoradiation, penetrating radiation, radioactive fallout and electromagnetic pulse. Nuclear munitions, means of delivery and control devices constitute an integral part of nuclear weapons.

3. Radiological weapons means weapons that disperse radioactive agents to kill humans by ionizing radiation which cause radioactive contamination of the surrounding environment, technical devices and other objects. Radioactive substances may be obtained from products of nuclear reactors or artificially made. Radiological weapons include munitions containing radioactive substances, means of delivery or other spreading devices. Radiological weapons produce radiation effects through internal and external exposure, inflicting injuries to body organs and causing radiation-induced diseases.

4. Chemical weapons means weapons that produce destructive effects through highly toxic and reactive properties of chemicals. Chemical weapons include toxic chemicals, munitions and means of delivery of those toxic chemicals to intended targets. Chemical weapons may produce enormous lethal effects in a large space and for a long time; are highly destructive and hard to detect, making it difficult and
 

[1] Công Báo Nos 907-908 (22/11/2019)

 

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