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

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 complicated to prevent, control and remediate consequences; cause great damage to the eco-environment and adversely affect human life and health.

5. Biological weapons means weapons that produce destructive effects through pathogenic or disease-transmitting properties of biological agents, causing devastating epidemics in humans, animals or plants. Components of biological weapons are such biological agents as bacteria, viruses, fungi and toxins as well as munitions and means of delivery to intended targets.

6. Proliferation of weapons of mass destruction

a/ Activities that spread knowledge, scientific research works, precursors and related materials of state or non-state entities and aim to carry out weapons of mass destruction-related activities specified at Point b of this Clause;

b/ Weapons of mass destruction-related activities include researching, manufacturing, producing, owning, purchasing, stockpiling, storing, developing, transporting, selling, supplying, transferring technologies for, importing, exporting, transshipping and using weapons of mass destruction or related activities specified in the relevant United Nations Security Council resolutions; or providing technical training, counseling, services, brokerage and assistance related to any activities specified at this Point.

7. Weapons of mass destruction-related materials (below referred to as related materials) means items, materials, equipment, commodities or technologies, including also dual-use materials, technologies and equipment, related to the activities specified at Point b, Clause 6 of this Article, or specified in the United Nations documents and the United Nations Security Council resolutions adopted in accordance with Chapter VII of the United Nations Charter regarding prevention, combat, elimination and disruption of the proliferation and financing of proliferation of weapons of mass destruction.

8. Dual-use materials, technologies and equipment means those that can be used either for civilian purposes or for manufacture, trading and transport of, and other activities related to, weapons of mass destruction.

9. Precursor means a substance or compound that plays a decisive role in any stage of a technological process to produce a chemical, biological, radioactive or nuclear agent that is hazardous to human life and health and the environment.

10. Financing of proliferation of weapons of mass destruction means providing or supporting money or property to state or non-state entities for the purpose of proliferation of weapons of mass destruction.

11. Prevention and combat of proliferation of weapons of mass destruction include diplomatic, economic, military, security, law enforcement, intelligence, international cooperation, scientific research and other activities aimed to preclude, detect, prevent, handle, respond to, and remediate consequences of, the proliferation and financing of proliferation of weapons of mass destruction, thereby minimizing risks or dangerous agents and proceeding to eliminating weapons of mass destruction.

12. Property means property defined in the Civil Code and the Anti-Money Laundering Law.

13. Property related to the proliferation and financing of proliferation of weapons of mass destruction includes:

a/ Property partially or wholly under ownership or direct or indirect possession, use, disposal and control rights of designated entities or individuals;

b/ Property deriving from property partially or wholly under ownership or direct or indirect possession, use, disposal and control rights of designated entities or individuals;

c/ Property under ownership or possession, use, disposal and control rights of entities or individuals that may act in the name of designated ones or under the latter’s management;

d/ Property for use or intended for use for the purpose of proliferation and financing of proliferation of weapons of mass destruction or property obtained through acts of proliferating or financing the proliferation of weapons of mass destruction;

dd/ Property for use or intended for use for the purpose of proliferation and financing of proliferation of weapons of mass destruction obtained through appropriation or other law-breaking acts.

4. Accounts refer to:

a/ Any form or agreement by which a financial institution accepts the depositing of a property; permits the withdrawal or transfer of a property item or payment, remittance or withdrawal on a bearer transfer instrument on behalf of any other parties; provides safe deposit boxes or any other safe deposit forms;

b/ Any accounts which have been closed or deactivated or see a zero balance.

15. Designated entity or individual means a group of people, an individual, a legal entity or an organization participating in the proliferation and financing of proliferation of weapons of mass destruction listed in the United Nations Security Council resolutions and notices issued in accordance with Chapter VII of the United Nations Charter, or on the list made by a Vietnamese authority.

16. Making of a list of designated entities and individuals means that a Vietnamese authority makes, delists and announces such list; requests addition to or removal from such list; receives and deals with requests of foreign states for identification of entities and individuals related or unrelated to the proliferation and financing of proliferation of weapons of mass destruction.

Article 5.Principles of prevention and combat of proliferation of weapons of mass destruction

1. Compliance with the Constitution and law; assurance of independence, sovereignty, unity and territorial integrity and interests of the State, lawful rights and interests of agencies, entities and individuals; compliance with treaties to which the Socialist Republic of Vietnam is a contracting party; proactive preclusion, detection, prevention, combat and handling of acts of proliferating and financing the proliferation of weapons of mass destruction; combination of prevention and combat of proliferation and financing the proliferation of weapons of mass destruction with socio-economic development and assurance of national defense and security.

2. Prudent, active, proactive and prompt coordination and performance of the prevention and combat of proliferation of weapons of mass destruction; assurance of the unified state management of national security, social order and safety and national defense tasks under the centralized and unified direction and management by the Government; assurance of close coordination among law enforcement forces in the performance of tasks of ministries, sectors and localities according to their functions, tasks, powers and competence in accordance with relevant laws.

3. Respect for, and protection of, lawful property, rights and interests of third parties in accordance with law; law-prescribed compensation for damage to property and interests of individuals and entities caused by competent organizations and agencies during the implementation of measures to prevent and combat the proliferation of weapons of mass destruction; law-prescribed handling of violations in the prevention and combat of the proliferation of weapons of mass destruction and disposal of property related to weapons of mass destruction.

Article 6.Policies on prevention and combat of proliferation of weapons of mass destruction

1. The State shall create conditions for development of initiatives to prevent the research, development, manufacture, stockpiling and use of weapons of mass destruction and strictly punish any acts of proliferating, and financing the proliferation of, weapons of mass destruction; take synchronous measures to prevent and combat the proliferation of weapons of mass destruction; and advocate and mobilize entities and individuals to participate in the prevention and combat of proliferation of weapons of mass destruction under this Decree and relevant regulations.

2. The State shall adopt policies to support research and application of scientific and technological achievements to serve the prevention and combat of proliferation of weapons of mass destruction; invest in technical and professional equipment and devices and ensure regimes and policies for forces engaged in the prevention and combat of proliferation of weapons of mass destruction in accordance with relevant regulations.

3. The State shall adopt policies and take measures to protect entities and individuals during their participation in the prevention and combat of proliferation of weapons of mass destruction; in case individual participants are injured, suffer illness or die, they or their relatives will be entitled to law-prescribed regimes and policies. Individuals and entities whose property is damaged when mobilized for the prevention and combat of proliferation of weapons of mass destruction are entitled to compensations in accordance with relevant regulations.

4. Entities and individuals that record merits in the prevention and combat of proliferation of weapons of mass destruction shall be commended and rewarded in accordance with the law on emulation and commendation.

Article 7.Inspection and examination

1. Inspectorates of ministries, sectors and provincial-level People’s Committees shall coordinate with the national focal agency and responsible units in inspecting and examining the prevention and combat of proliferation of weapons of mass destruction under this Decree and other relevant laws, and scrutinize results of the assessment of national risks of proliferation and financing of proliferation of weapons of mass destruction.

2. Extraordinary inspection or examination shall be carried out when:

a/ Through its management work, a competent agency detects information and documents showing signs of violation of this Decree and regulations on prevention and combat of proliferation of weapons of mass destruction;

b/ There is a report on acts of proliferating or financing the proliferation of weapons of mass destruction;

c/ A functional agency or the United Nations Security Council so requests.

Article 8.Confidentiality

1. Agencies, entities and individuals shall protect state secrets related to the prevention and combat of proliferation of weapons of mass destruction in accordance with the Law on Protection of State Secrets.

2. When exchanging or providing information, documents or media carrying information relating to the prevention and combat of proliferation of weapons of mass destruction to international organizations under regulations of the United Nations Security Council, the national focal agency shall observe Vietnam’s law on protection of state secrets in relations and contacts with foreign entities and individuals.

Article 9.Funding sources

1. Funding for the prevention and combat of proliferation of weapons of mass destruction comes from the state budget and is included in annual budget estimates of ministries, central agencies and localities according to the current regulations on power delegation. The budget estimation and final settlement must comply with the Law on the State Budget and guiding documents.

2. Other lawful funding sources.

Chapter II

ORGANIZATION OF PREVENTION AND COMBAT OF PROLIFERATION OF WEAPONS OF MASS DESTRUCTION

Article 10.The national focal agency of Vietnam and focal points in charge of prevention and combat of proliferation of weapons of mass destruction

1. The Ministry of National Defense shall act as the national focal agency of Vietnam in charge of prevention and combat of proliferation of weapons of mass destruction (below referred to as the national focal agency).

2. The High Command of Chemicals under the Ministry of National Defense shall act as the standing body of the national focal agency and represent the latter in settling issues related to the prevention and combat of proliferation of weapons of mass destruction under Article 11 of this Decree and relevant laws; and give advice to the Minister of National Defense on performing the responsibilities of the Ministry of National Defense specified in Article 29 of this Decree.

3. The ministries other than the Ministry of Public Security, and State Bank of Vietnam, ministerial-level agencies and provincial-level People’s Committees shall assign their counter-terrorism steering committees to act as focal points for performing the work of prevention and combat of proliferation of weapons of mass destruction (below referred to as focal points), while provincial-level Departments of Public Security shall act as standing bodies of provincial-level focal points.

Article 11.Tasks of the national focal agency

1. To give advice to the Government and Prime Minister on the implementation of the United Nations Security Council resolutions and treaties to which the Socialist Republic of Vietnam is a contracting party on prevention and combat of proliferation of weapons of mass destruction.

2. To receive, and organize and guide ministries, sectors and localities in the implementation of, regulations and requirements of the United Nations Security Council resolutions or treaties to which the Socialist Republic of Vietnam is a contracting party on prevention and combat of proliferation of weapons of mass destruction or this Decree.

3. To receive information about suspicious activities related to the proliferation and financing of proliferation of weapons of mass destruction from foreign countries, international organizations or reported by ministries, sectors and localities; to coordinate with related focal points in verifying such information and proposing handling plans under this Decree and relevant laws or the United Nations Security Council resolutions; to coordinate with the Ministry of Public Security and State Bank of Vietnam and guide focal points in disposing of property related to the proliferation and financing of proliferation of weapons of mass destruction as follows:

a/ To return such property to their lawful owners or managers in case they have been illegally appropriated or used by other individuals for proliferation and financing of proliferation of weapons of mass destruction;

b/ To use or pay such property to cover basic expenses for daily-life activities of individuals whose money and property are suspended from circulation, frozen, seized or disposed of, and pay other lawful obligations of entities or individuals whose property is suspended from circulation, frozen, seized or disposed of;

c/ To release and return such property to their owners or managers if the latter are removed from the list of designated entities and individuals or wrongly identified as designated entities and individuals.

4. To receive information about suspicious materials related to weapons of mass destruction from foreign countries, international organizations or reported by ministries, sectors and localities; to coordinate with the Ministry of Public Security, focal points and related agencies and organizations in verifying such information and proposing handling plans. In case of suspicion about a dangerous material related to a weapon of mass destruction, to assume the prime responsibility for directing specialized forces in coordinating with focal points and responsible agencies in detecting, seizing, and determining the dangerous nature and level of, such material. If there are hazards of chemical, biological, radioactive or nuclear agents, to assume the prime responsibility for, and coordinate with detecting entities or individuals in, disposing of these agents according to specialized procedures in order to ensure safety. In case there are no hazards, to assign responsible agencies to dispose of these agents in accordance with relevant laws.

5. To assume the prime responsibility for, and coordinate with ministries, sectors and localities in, organizing according to their functions and tasks the implementation of the United Nations Security Council resolutions adopted under Chapter VII of the United Nations Charter and treaties to which the Socialist Republic of Vietnam is a contracting party regarding prevention and combat of proliferation of weapons of mass destruction, having the following tasks:

a/ To clearly announce on the website of the national focal agency the obligations prescribed in this Decree of all Vietnam-based agencies, entities and individuals in the suspension from circulation, seizure and freezing without delay and prior notice of property or property related to weapons of mass destruction of designated entities and individuals;

b/ To undertake the suspension from circulation, seizure and freezing of property without delay 24 hours after receiving the United Nations Security Council’s notice, and provide a direct link to the website of the United Nations Security Council on the obligation of all agencies, entities and individuals in Vietnam to constantly follow the website in order to perform the obligation to suspend the circulation of, seize and freeze property;

c/ Within 24 hours after the United Nations Security Council approves the list of designated entities and individuals, to notify such list to all ministries, ministerial-level agencies and provincial-level People’s Committees for them to direct agencies, entities and individuals under their management in immediately implementing measures provided by the United Nations Security Council to sanction designated entities and individuals and taking appropriate deterrent measures under this Decree;

d/ To report to the Prime Minister for directing further implementation of the United Nations Security Council resolutions; to exchange information and ensure synchronous, close and effective coordination among ministries, sectors and localities in imposing without delay sanctions for violations related to the prevention and combat of proliferation and financing of proliferation of weapons of mass destruction;

dd/ To receive reports on implementation of measures to prevent and combat the proliferation of weapons of mass destruction from ministries and sectors, then summarize them and report to the Prime Minister and send national reports to the Sanctions Committee for the United Nations Security Council resolutions or other relevant treaties to which Vietnam is a contracting party;

e/ To receive requests of other countries and coordinate with focal points of ministries, sectors and localities in identifying entities and individuals related or unrelated to the proliferation and financing of proliferation of weapons of mass destruction; to notify other countries of verification results in accordance with law;

g/ To receive information about entities and individuals and coordinate with focal points in adding them to or removing them from the list of designated entities and individuals, reporting to the Prime Minister and notifying or proposing the United Nations Security Council to add them to or remove them from the list of designated entities and individuals and publicize such list under regulations;

h/ To assume the prime responsibility for, and coordinate with focal points in, carrying out examination, supervision and inspection under Article 7 of this Decree and proposing the criminal, administrative or civil handling of non-compliant entities and individuals.

6. To permit designated entities and individuals to request delisting at focal points or notify designated entities or individuals to file their requests directly with the national focal agency. When finding that a designated entity or individual does not satisfy the criteria for being identified as being related to proliferation or financing of proliferation of weapons of mass destruction under the United Nations Security Council resolutions adopted under Chapter VII of the United Nations Charter, to assume the prime responsibility for, and coordinate with related focal points in, reporting to the Prime Minister for consideration and decision on requesting a competent body of the United Nations to remove such individual or entity from the United Nations Security Council’s list of designated entities and individuals.

7. Upon receiving requests of other countries for identification of entities and individuals related or unrelated to the proliferation or financing of proliferation of weapons of mass destruction, to assume the prime responsibility for, and coordinate with related focal points in, verifying information about such entities and individuals. If having grounds to confirm that such entities and individuals are related or unrelated to the proliferation or financing of proliferation of weapons of mass destruction, to decide to or not to add them to the list of designated entities and individuals and notify such to requesting countries.

8. When detecting an individual or entity satisfying the criteria for being identified as being related to the proliferation or financing of proliferation of weapons of mass destruction under the United Nations Security Council resolutions adopted under Chapter VII of the United Nations Charter, to assume the prime responsibility for, and coordinate with related focal points in, reporting to the Prime Minister for consideration and decision on requesting the United Nations and related country to add such individual or entity to the list of designated entities and individuals.

9. When finding that a Vietnamese individual or entity that has been identified by a foreign country as being related to the proliferation or financing of proliferation of weapons of mass destruction does not satisfy the criteria provided by the United Nations Security Council resolutions adopted under Chapter VII of the United Nations Charter, to assume the prime responsibility for, and coordinate with related focal points in, reporting such to the Prime Minister for requesting in writing the United Nations and such foreign country to remove such individual or entity from the list of designated entities and individuals.

10. To assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies and provincial-level People’s Committees in, assessing national risks of proliferation and financing of proliferation of weapons of mass destruction once every 5 years; to examine trends of proliferation and financing of proliferation of weapons of mass destruction and crimes related to weapons of mass destruction at home and abroad in order to devise and report on solutions to prevent and combat the proliferation of weapons of mass destruction to the Prime Minister and publish assessment and analysis results among ministries, sectors and localities with a view to developing general orientations, criteria and measures, including practices of effective prevention and combat of proliferation and financing of proliferation of weapons of mass destruction as well as illegal acts related to weapons of mass destruction; to share information with international and regional organizations and other member states.

Article 12.Tasks of focal points

1. To give advice to ministers, heads of ministerial-level agencies, or chairpersons of provincial-level People’s Committees on coordinating with one another in carrying out, exchange information about, urging, inspecting and guiding the prevention and combat of proliferation of weapons of mass destruction within the ambit of their competence and in the fields under their management.

2. To constantly update and receive information and coordinate with the national focal agency in taking measures to prevent and combat the proliferation of weapons of mass destruction under this Decree, relevant laws or treaties to which the Socialist Republic of Vietnam is a contracting party on prevention and combat of proliferation of weapons of mass destruction.

3. To sum up and report to ministers, heads of ministerial-level agencies, chairpersons of provincial-level People’s Committees and the national focal agency on results of the implementation of this Decree, relevant regulations and sanctions as required by the United Nations Security Council resolutions or treaties to which the Socialist Republic of Vietnam is a contracting party on prevention and combat of proliferation of weapons of mass destruction.

4. To receive reports and assume the prime responsibility for verifying according to their competence entities and individuals related or unrelated to the proliferation and financing of proliferation of weapons of mass destruction; to report to directors of provincial-level Departments of Public Security for issuing or cancelling decisions on suspension from circulation, freezing, sealing or seizure of money and property related to the proliferation and financing of proliferation of weapons of mass destruction; to request the national focal agency to add entities or individuals to or remove them from the list of designated entities and individuals; to perform other tasks when so requested.

5. To coordinate with the national focal agency in carrying examination or inspection under Article 7 of this Decree; to propose the criminal, administrative or civil handling of non-compliant entities and individuals in accordance with law.

6. To coordinate with the national focal agency and assume the prime responsibility for, and coordinate with agencies, organizations and individuals under the management by ministries, ministerial-level agencies and provincial-level People’s Committees in, assessing national risks of proliferation and financing of proliferation of weapons of mass destruction once every 5 years.

Article 13.Coordination between the national focal agency and standing body of the National Counter-terrorism Steering Committee, standing body of the National Anti-Money Laundering Steering Committee and focal points in the prevention and combat of proliferation of weapons of mass destruction

1. The principles prescribed in Clause 2, Article 5 of this Decree, the Anti-Money Laundering Law, Anti-Terrorism Law and other relevant laws shall be adhered to.

2. The relationship between the national focal agency and standing body of the National Counter-terrorism Steering Committee and standing body of the National Anti-Money Laundering Steering Committee is a relationship of working coordination in performing the tasks of protecting the national security, social order and safety and national defense, and preventing and combating money laundering, terrorism and proliferation of weapons of mass destruction.

3. The national focal agency shall set up a website on the portal of the Ministry of National Defense and a hotline connecting with the portals of the Ministry of Public Security, State Bank of Vietnam and focal points in order to constantly update information and publicize the list of designated entities and individuals; and receive and exchange via its connection with the website of the United Nations Security Council information about the prevention and combat of proliferation and financing of proliferation of weapons of mass destruction.

4. Ministries and provincial-level People’s Committees shall direct focal points to coordinate, within the scope of their management, with the national focal agency in receiving and disseminating information about the prevention and combat of proliferation of weapons of mass destruction to agencies, organizations and individuals under their management for implementation; report on the situation, policies, measures and results of implementation, examination, inspection, and handling of violations, and related information about the proliferation and financing of proliferation of weapons of mass destruction; provide information to serve the assessment of national risks of proliferation and financing of proliferation of weapons of mass destruction; provide plans on personnel training and detection and arrest of entities and individuals that commit acts of proliferating weapons of mass destruction for prompt handling, thus preventing damage and dangerous consequences to the society.

5. The exchange of information shall be carried out by the national focal agency, focal points and related agencies and units on an annual, biannual or extraordinary basis and in a timely, accurate and specific manner via the hotline or websites or in writing.

Article 14.Forces and means for prevention and combat of proliferation of weapons of mass destruction

1. Forces and means for prevention and combat of proliferation of weapons of mass destruction include:

a/ Agencies and units in charge of terrorism prevention and combat of the Ministry of National Defense and Ministry of Public Security and assigned to perform the task of preventing and combating the proliferation of weapons of mass destruction under this Decree and relevant laws;

b/ Forces and special-use means of the Ministry of National Defense and other forces specified at Points c, d and dd of this Article for responding to, and remediating consequences of, nuclear, radioactive, chemical and biological activities, when required;

c/ Scientists in nuclear, radioactive, chemical, biological, medical, information technology, cyber security, financial and related non-financial fields; experts in other related fields;

d/ International organizations, specialists and forces;

dd/ Other agencies, organizations and individuals mobilized to participate in the prevention and combat of proliferation of weapons of mass destruction.

2. The Minister of National Defense shall specifically define tasks and powers of the agencies and units under the Ministry of National Defense’s management referred to at Points a and b, Clause 1 of this Article. The Minister of Public Security shall specifically define tasks and powers of the agencies and units under the Ministry of Public Security’s management referred to at Point a, Clause 1 of this Article.

Chapter III

PREVENTION OF PROLIFERATION OF WEAPONS OF MASS DESTRUCTION

Article 15.Information, communication and education about the prevention and combat of proliferation of weapons of mass destruction

1. Competent agencies and persons shall provide information to, and carry out communication and education among, organizations and individuals under their management about the prevention and combat of proliferation of weapons of mass destruction in order to raise their awareness about, their responsibility for, and the effectiveness of, the prevention and combat of proliferation of weapons of mass destruction.

2. Contents of information, communication and education about the prevention and combat of proliferation of weapons of mass destruction include:

a/ Risks, developments and situation of proliferation and financing of proliferation of weapons of mass destruction; tricks and methods of operation, complexity, danger and adverse impacts of proliferation and financing of proliferation of weapons of mass destruction;

b/ The State’s viewpoints, policies and laws on, measures of, and experiences in, the prevention and combat of proliferation of weapons of mass destruction;

c/ Responsibilities of agencies, organizations and individuals in the prevention and combat of proliferation of weapons of mass destruction and performance of obligations under the United Nations Security Council resolutions or notices on prevention of proliferation and financing of proliferation of weapons of mass destruction;

d/ Other necessary contents to meet requirements of the prevention and combat of proliferation of weapons of mass destruction.

3. Forms of information and communication

Forms of information and communication must comply with the law on law dissemination and education and information and communication.

Article 16.State management of security and order

1. Competent agencies and persons in charge of state management of security and order shall, through their operations, take the initiative in promptly detecting plots, tricks and methods of operation of entities and individuals proliferating and financing the proliferation of weapons of mass destruction, and take appropriate handling measures.

2. Measures to prevent the proliferation and financing of proliferation of weapons of mass destruction through the state management of security and order include:

a/ Managing citizens’ residence, records and identifications;

b/ Managing weapons, explosive materials, flammables, toxins, radioactive and biological substances and related materials, including dual-use materials, technologies and equipment and supporting equipment which may be used for the proliferation of weapons of mass destruction;

c/ Patrolling, controlling and supervising critical targets of strategic security and order at airports, ports, railway stations, car terminals, border gates, border regions, places of mass gathering and other public places;

d/ Managing entry, exit and transit activities;

dd/ Other measures for state management of security and order.

Article 17.Control of transport activities

Competent agencies and persons of the Ministry of Transport, Ministry of Public Security, Ministry of National Defense and other related ministries and sectors in charge of controlling road, railway, inland waterway, maritime and air transport shall take the initiative in detecting, preventing and promptly handling and notifying to competent agencies those entities and individuals that take advantage of transport activities to proliferate, and finance the proliferation of, weapons of mass destruction as defined in this Decree and relevant laws.

Article 18.Control of publication, press, post and telecommunications activities and other information media

Competent agencies and persons in charge of publication, press, post, telecommunications, printing, distribution, radio frequencies, information technology, electronics, radio and television broadcasting, electronic information, news agency, external information and grassroots information shall control, detect, prevent and promptly handle acts of taking advantage of these activities to proliferate, and finance the proliferation of, weapons of mass destruction; control, detect, prevent and handle the introduction and advertising of weapons of mass destruction on the Internet.

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

Competent agencies and persons in charge of controlling food hygiene and safety, livestock feed, veterinary drugs, plant protection drugs, pharmaceuticals, cosmetics, pathology samples and fertilizers shall detect, prevent and promptly handle acts of taking advantage of these activities to proliferate, and finance the proliferation of, weapons of mass destruction in accordance with law.

Article 20.Control of biological and chemical agents, radioactive and nuclear materials, and spreading technologies and means

1. Competent agencies and persons in charge of state management of biological and chemical agents, radioactive and nuclear materials, spreading equipment and systems shall, through their operations, strictly control and take the initiative in promptly detecting acts of taking advantage of these activities to proliferate weapons of mass destruction and take appropriate handling measures under this Decree and relevant laws.

2. The Ministry of National Defense shall assume the prime responsibility for, and coordinate with the ministries managing biological and chemical agents, radioactive and nuclear materials and spreading equipment and systems specified in Articles 34, 35, 36 and 37 of this Decree and related ministries and sectors in, issuing documents guiding the implementation of Clause 1 of this Article.

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

Competent agencies and persons shall strictly control materials and activities related to weapons of mass destruction specified at Point a, Clause 6 and Clause 7, Article 4 of this Decree and relevant laws; take the initiative in promptly detecting violations and acts related to the proliferation of weapons of mass destruction, promptly report to focal points under their management, and at the same time take appropriate handling measures under this Decree and relevant laws.

Article 22.Management of the financial sector and non-financial activities and related agencies, organizations and individuals

1. Ministries, ministerial-level agencies and provincial-level People’s Committees shall, within the ambit of their powers, prevent Vietnamese and foreign entities and individuals from providing money and property to entities and individuals related to the proliferation of weapons of mass destruction, unless they are permitted or authorized or notified under the relevant United Nations Security Council resolutions to do so.

2. Financial institutions, entities and individuals engaged in non-financial sectors, payment intermediaries and related agencies, organizations and individuals shall:

a/ Apply measures to identify clients and update client information in accordance with the anti-money laundering law. When having suspicion about a client or client transaction related to financing of proliferation of weapons of mass destruction, immediately suspend the circulation of, and freeze, property related to the proliferation and financing of proliferation of weapons of mass destruction, and at the same time notify such to competent focal points; and cancel the property circulation suspension or freezing upon receiving instructions from focal points; and report to focal points on results of their compliance, including also unsuccessful cases;

b/ Regularly update the list of designated entities and individuals; entities and individuals removed from such list; report to the national focal agency or focal points on any frozen property or frozen property related to weapons of mass destruction or results of the fulfillment of relevant requirements of the United Nations Security Council, including also transactions they are trying to conduct;

c/ Provide to focal points and competent agencies information about the prevention and combat of proliferation and financing of proliferation of weapons of mass destruction;

d/ Formulate and implement internal regulations on prevention and combat of proliferation and financing of proliferation of weapons of mass destruction under this Decree and relevant laws.

3. Competent focal points shall, within 3 days after receiving notices of the institutions, entities or individuals referred to in Clause 2 of this Article, consider and take acts. If having grounds to believe that money and property are related to the proliferation and financing of proliferation of weapons of mass destruction, they shall issue decisions to freeze accounts, or seal up or seize property. In case of having no grounds to believe that entities or individuals are related to the proliferation and financing of proliferation of weapons of mass destruction, they shall guide the institutions, entities or individuals referred to in Clause 2 of this Article in immediately stopping the suspension or freezing.

4. In case of having grounds to believe that money and property are related to the proliferation of weapons of mass destruction, focal points shall promptly notify such to related entities and individuals and consider, make decision and dispose of such money and property in accordance with the Anti-Money Laundering Law and Anti-Terrorism Law within 30 days after issuing the notification. For cases involving complicated circumstances or for which checking and verification are to be carried out in different locations, the time limit for issuing a decision is 60 days. In case of necessity to verify and collect evidence abroad, such time limit is 90 days.

Article 23.Control of border regions and at sea

Agencies and persons competent to control vehicles, money, weapons, imported, exported and in-transit goods and security and order in border regions and at sea shall strictly control entities and individuals together with their vehicles and goods in import, export or transit in order to detect, prevent and promptly handle acts of taking advantage of these activities to proliferate weapons of mass destruction under this Decree and relevant laws.

Article 24.Formulation and implementation of plans on prevention and combat of proliferation of weapons of mass destruction

The Ministry of National Defense shall assume the prime responsibility for, and coordinate with the Ministry of Public Security, other ministries, sectors and provincial-level People’s Committees in, formulating programs on and organizing training and exercises and implementing plans to preclude and prevent the proliferation of weapons of mass destruction, plans on response to, and remediation of consequences of, the proliferation of weapons of mass destruction.

Chapter IV

COMBAT OF PROLIFERATION OF WEAPONS OF MASS DESTRUCTION

Article 25.Detection of activities of proliferating and financing the proliferation of weapons of mass destruction

1. Agencies, organizations and individuals shall, upon detecting acts of proliferating and financing the proliferation of weapons of mass destruction or other illegal acts related to weapons of mass destruction through their operations or activities, promptly notify them to the forces specified at Point a, Clause 1, Article 14 of this Decree or the nearest Army or Public Security unit or People’s Committee for handling in accordance with law.

2. The national focal agency shall report to the Prime Minister and propose the Committee established under a United Nations Security Council resolution to add to the list of designated entities and individuals institutional or individual violators.

3. The forces for prevention and combat of proliferation of weapons of mass destruction specified at Point a, Clause 1, Article 14 of this Decree shall take professional and technical measures in accordance with relevant laws in order to promptly detect and stop activities of proliferating weapons of mass destruction; and at the same time guide and assist agencies, organizations and individuals in identifying acts of proliferating and financing the proliferation of weapons of mass destruction and how to detect, report or denounce such acts; and promptly take measures to combat the proliferation and financing of proliferation of weapons of mass destruction under this Decree and relevant laws.

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

Measures, order, procedures and competence for applying measures to combat the proliferation and financing of proliferation of weapons of mass destruction in the performance of national security, social order and safety protection and national defense tasks must be taken and carried out in accordance with this Decree, regulations on national security and social order and safety, the Anti-Money Laundering Law, Anti-Terrorism Law and Law on Management and Use of Weapons, Explosive Materials and Supporting Tools.

Article 27.Implementation of the United Nations Security Council resolutions adopted under Chapter VII of the United Nations Charter on prevention, combat and interruption of proliferation and financing of proliferation of weapons of mass destruction

1. When a resolution is adopted by the United Nations Security Council, ministries, ministerial-level agencies, provincial-level People’s Committees and related entities and individuals shall follow the guidance of the national focal agency and focal points.

2. Competence, order and procedures for applying deterrent measures related to property and economic resources related to the proliferation and financing of proliferation of weapons of mass destruction

a/ The national focal agency shall comply with Clause 5, Article 11 of this Decree;

b/ Ministries, ministerial-level agencies, provincial-level People’s Committees and focal points shall coordinate with the national focal agency in taking measures to preclude and prevent the proliferation and financing of proliferation of weapons of mass destruction under the United Nations Security Council resolutions, this Decree and relevant laws; guide and request agencies, organizations and individuals under their management to immediately apply, or cancel the application of, measures under relevant regulations of the United Nations Security Council; and report to the national focal agency cases where such measures have been successfully or unsuccessfully applied against designated entities and individuals;

c/ The national focal agency and focal points shall immediately share on their portals and in writing information about property related to designated entities and individuals and request agencies, organizations and individuals to apply measures to prevent and combat the proliferation of weapons of mass destruction; and guide financial institutions and other entities and individuals, including those engaged in related non-financial sectors, in performing the obligation to take measures to prevent and combat the proliferation of weapons of mass destruction;

d/ The national focal agency and focal points may continue to additionally receive deposit interests, other incomes or other amounts paid under contracts, agreements or liabilities arising before freezing into their accounts which are frozen under the United Nations Security Council resolutions on the condition that such amounts are also frozen;

dd/ The national focal agency and focal points may make payments from their frozen accounts under previously made contracts provided that such contracts are unrelated to banned goods, materials, equipment, technologies, assistance, training, financial aid, investments, brokerage or services mentioned in the relevant United Nations Security Council resolutions; and shall determine monetary payments which may not be directly or indirectly made to designated entities and individuals under the United Nations Security Council resolutions. The national focal agency shall report to the Sanctions Committee established under a United Nations Security Council resolution on the making or receipt of payments or release of property within 10 days before doing so or authorizing other entities to do so;

e/ Entities and individuals may file requests with focal points for protection of their lawful interests over frozen property related to designated entities and individuals according to the order and procedures prescribed in the Civil Code. When having sufficient grounds for consideration of such requests, focal points shall notify such to the national focal agency for reporting to the Prime Minister for permission for referring the issue to the Sanctions Committee established under a United Nations Security Council resolution for decision;

g/ When obtaining permission of the Sanctions Committee established under a United Nations Security Council resolution, the national focal agency shall notify the release of the frozen property of entities and individuals related to designated entities and individuals; request inhibition from using such property to finance the proliferation of weapons of mass destruction or facilitate the use of such property for other related purposes or revoke the permit protecting lawful interests of third parties over such property granted by the Sanctions Committee in case of seeing signs of violation of relevant laws;

h/ Other entities and individuals that have their property frozen due to their relationship with designated entities and individuals may file requests with focal points for permission for disposal of frozen goods;

i/ When entities or individuals are certified as having been wrongly subjected to freezing due to the identicality or similarity of their names with those of designated entities or individuals or as having no relationship with designated entities or individuals, focal points shall notify such to the national focal agency and announce the release of wrongly frozen property;

k/ Those on the list of designated entities and individuals; those removed from such list or property suspended from circulation, frozen or released from freezing of those designated entities and individuals shall be officially announced on the national focal agency’s website via the portal of the Ministry of National Defense so that related financial institutions, entities and individuals engaged in non-financial sectors and entities and individuals holding the property of designated entities and individuals can know and coordinate with focal points and related agencies and units in handling such property under this Decree and relevant laws;

l/ The national focal agency shall assume the prime responsibility for, and coordinate with related ministries and sectors in, approaching frozen property abroad when Vietnam finds out cases of exception as provided by the United Nations Security Council resolutions and complies with procedures determined in these resolutions.

3. Implementation of decisions on export or transfer of materials and activities related to weapons of mass destruction

Within the ambit of their functions and tasks, ministries, ministerial-level agencies and provincial-level People’s Committees shall implement the United Nations Security Council resolutions in compliance with this Decree and relevant laws, particularly measures to raise the effectiveness of the control of materials and activities related to weapons of mass destruction under decisions in the United Nations Security Council resolutions; and notify implementation results to the national focal agency.

4. Implementation of decisions on entry, exit or transit under the resolutions

To impose entry, exit or transit bans on those on the list of designated entities and individuals in relevant resolutions; to manage under the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam, and take measures to enhance control of designated entities and individuals; and notify implementation results to the national focal agency.

Chapter V

RESPONSIBILITIES OF STATE AGENCIES IN THE PREVENTION AND COMBAT OF PROLIFERATION OF WEAPONS OF MASS DESTRUCTION

Article 28.Responsibility for state management of prevention and combat of proliferation of weapons of mass destruction

1. The Government shall perform the unified state management of prevention and combat of proliferation of weapons of mass destruction.

2. The Ministry of National Defense shall take responsibility before the Government for assuming the prime responsibility for, and coordinating with related ministries and sectors in, the state management of prevention and combat of proliferation of weapons of mass destruction.

3. Ministries, ministerial-level agencies and provincial-level People’s Committees shall coordinate with one another in performing the task of preventing and combating the proliferation of weapons of mass destruction within their competence and in the fields under their management.

Article 29.Responsibilities of the Ministry of National Defense

1. In the state management of prevention and combat of proliferation of weapons of mass destruction:

a/ To perform the functions and tasks of the national focal agency specified in Article 11 of this Decree;

b/ To propose to the Government the formulation and improvement of the law on prevention and combat of proliferation of weapons of mass destruction;

c/ To assume the prime responsibility for, and coordinate with related ministries and sectors in, formulating and submitting to competent agencies for promulgation or promulgating according to their competence legal documents, strategies, programs and plans on and measures for prevention and combat of proliferation of weapons of mass destruction, including also legal documents on sanctioning of administrative violations in the prevention and combat of proliferation of weapons of mass destruction and the list of related materials;

d/ To assume the prime responsibility for, and coordinate with related ministries and sectors in, guiding provincial-level People’s Committees in organizing the implementation of legal documents, strategies, programs and plans on and measures for prevention and combat of proliferation of weapons of mass destruction;

dd/ To assume the prime responsibility for, and coordinate with the Ministry of Public Security and related agencies and organizations in, promulgating and implementing regulations on training of personnel for prevention and combat of proliferation of weapons of mass destruction;

e/ To assume the prime responsibility for, and coordinate with related agencies and organizations in, reporting on and reviewing the prevention and combat of proliferation of weapons of mass destruction; to propose and recommend measures to prevent and combat the proliferation of weapons of mass destruction;

g/ To assume the prime responsibility for inspecting, examining and settling complaints and denunciations related to the prevention and combat of proliferation of weapons of mass destruction;

h/ To assume the prime responsibility for, and coordinate with the Ministry of Public Security and related ministries and sectors in, undertaking international cooperation on prevention and combat of proliferation of weapons of mass destruction in accordance with relevant laws.

2. In the organization of prevention and combat of proliferation of weapons of mass destruction:

a/ To assign tasks to, and ensure sufficient equipment for, its forces for combat of proliferation of weapons of mass destruction specified at Points a and b, Article 14 of this Decree;

b/ To assume the prime responsibility for, and coordinate with related ministries, sectors, agencies and organizations in, directing and organizing the prevention and combat of proliferation of weapons of mass destruction nationwide under Chapters III and IV of this Decree; to coordinate with the Ministry of Public Security in organizing the prevention and combat of proliferation of weapons of mass destruction in the fields under the latter’s management;

c/ To direct agencies and units under its management in performing the tasks and exercising the powers provided in Chapters III and IV of this Decree; to detect, investigate and handle entities and individuals proliferating, and financing the proliferation of, weapons of mass destruction in accordance with law;

d/ To direct functional agencies and units under its management in regularly updating the development and proliferation of weapons of mass destruction in the world, region and country; to coordinate with related ministries and sectors and local administrations in assessing national risks and investigating the proliferation and financing of proliferation of weapons of mass destruction in Vietnam’s territory; to give advice and make recommendations on the prevention and combat of proliferation of weapons of mass destruction for the Government to direct the implementation;

dd/ To improve legal documents on the implementation of treaties to which the Socialist Republic of Vietnam is a contracting party on prohibition of proliferation of weapons of mass destruction, covering strengthening forces, researching and manufacturing equipment and devices to serve military operations and ensure security and safety; to promptly respond to incidents and situations related to weapons of mass destruction in the Vietnam’s territory, and undertake international cooperation on prevention and combat of proliferation of weapons of mass destruction.

Article 30.Responsibilities of the Ministry of Public Security

1. To assign tasks to and ensure sufficient equipment for its forces for combat of proliferation of weapons of mass destruction.

2. To coordinate with the Ministry of National Defense in performing the tasks specified 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. To direct agencies and units under its management in coordinating with army units in preparing and implementing plans on prevention and combat of proliferation of weapons of mass destruction and organizing training, drills and exercises under such plans.

4. To direct the People’s Public Security agencies and units in coordinating with border guards, customs offices and related agencies and units in implementing measures to prevent and combat the proliferation of weapons of mass destruction by controlling people on entry or exit or in transit at border gates under its management.

5. To coordinate with the Ministry of National Defense, Ministry of Foreign Affairs and related ministries and sectors in undertaking international cooperation on prevention and combat of proliferation of weapons of mass destruction according to their competence.

6. To draw up the list of entities and individuals related to the proliferation and financing of proliferation of weapons of mass destruction under its management and propose the national focal point to add them to or remove them from the list of designated entities and individuals under the United Nations Security Council resolutions on combat of proliferation and financing of proliferation of weapons of mass destruction.

7. To direct agencies and units under their management to perform the tasks and exercise the powers provided in Chapters III and IV of this Decree; to detect, investigate and handle entities and individuals proliferating and financing the proliferation of weapons of mass destruction.

Article 31.Responsibilities of the Ministry of Foreign Affairs

1. To organize, within the ambit of its tasks and powers, the prevention and combat of proliferation of weapons of mass destruction under this Decree and other relevant regulations.

2. To coordinate with the Ministry of National Defense, Ministry of Public Security, Ministry of Industry and Trade and related ministries and sectors in implementing Vietnam’s commitments on prevention and combat of proliferation of weapons of mass destruction under this Decree and treaties to which Vietnam is a contracting party.

3. To coordinate with the Ministry of National Defense in implementing Point a, Clause 2, Article 27 of this Decree.

Article 32.Responsibilities of the State Bank of Vietnam

1. To coordinate, within the ambit of its tasks and powers, with related ministries and sectors in exchanging information and taking measures to prevent and combat the proliferation and financing of proliferation of weapons of mass destruction; to coordinate the implementation of Point c, Clause 1, Article 29 of this Decree.

2. To receive information and reports on suspicious transactions related to the proliferation and financing of proliferation of weapons of mass destruction from financial institutions, entities and individuals engaged in non-financial sectors; upon suspicion about proliferation and financing of proliferation of weapons of mass destruction, to coordinate with the national focal agency in verifying information.

3. To coordinate with the Ministry of National Defense, Ministry of Public Security and related ministries and sectors in undertaking international cooperation on prevention and combat of proliferation of weapons of mass destruction.

Article 33.Responsibilities of the Ministry of Finance

1. To coordinate, within the ambit of its tasks and powers, with the Ministry of National Defense and related ministries and sectors in exchanging information and taking measures to prevent and combat the proliferation and financing of proliferation of weapons of mass destruction in the management of goods import and export and entities and individuals engaged in related non-financial sectors under this Decree and relevant laws; and to coordinate the implementation of Point c, Clause 1, Article 29 of this Decree.

2. To ensure financial sources for the prevention and combat of proliferation of weapons of mass destruction.

Article 34.Responsibilities of the Ministry of Industry and Trade

To assume within the ambit of its tasks and powers the prime responsibility for managing dual-use chemicals subject to control under the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, and coordinate with the Ministry of National Defense and related ministries and sectors in exchanging information and taking measures to preclude, prevent and handle acts of taking advantage of commercial chemical activities to proliferate and finance the proliferation of weapons of mass destruction under this Decree and other relevant regulations; and to coordinate the implementation of Point c, Clause 1, Article 29 of this Decree.

Article 35.Responsibilities of the Ministry of Health

To coordinate within the ambit of its tasks and powers and in the implementation of the Convention on the Prohibition of Biological Weapons with the Ministry of National Defense and related ministries and sectors in exchanging information and taking measures to control hygiene and safety of foods, pharmaceuticals, cosmetics and pathology samples in order to detect, prevent and promptly handle acts of taking advantage of these activities to proliferate and finance the proliferation of weapons of mass destruction under this Decree and relevant laws; and to coordinate the implementation of Point c, Clause 1, Article 29 of this Decree.

Article 36.Responsibilities of the Ministry of Science and Technology

To coordinate within the ambit of its tasks and powers with the Ministry of National Defense and related ministries and sectors in exchanging information and taking measures to preclude, prevent and promptly handle acts of taking advantage of activities related to radioactive and nuclear materials and dual-use materials, equipment and technologies to proliferate and finance the proliferation of weapons of mass destruction under this Decree and relevant laws; to mobilize human resources and vehicles to participate in field actions in response to the proliferation of weapons of mass destruction containing radioactive or nuclear agents when so requested by the national focal agency; and to coordinate the implementation of Point c, Clause 1, Article 29 of this Decree.

Article 37.Responsibilities of the Ministry of Agriculture and Rural Development

To coordinate within the ambit of its tasks and powers with the Ministry of National Defense and related ministries and sectors in exchanging information and taking measures to preclude, prevent and promptly handle acts of taking advantage of activities related to veterinary drugs, plant protection drugs, fertilizers and dual-use goods, materials, equipment and technologies for agricultural use to proliferate and finance the proliferation of weapons of mass destruction; and to coordinate the implementation of Point c, Clause 1, Article 29 of this Decree.

Article 38.Responsibilities of the Ministry of Transport

1. To organize within the ambit of its tasks and powers the prevention and combat of proliferation of weapons of mass destruction under this Decree and other relevant regulations; to coordinate the implementation of Point c, Clause 1, Article 29 of this Decree.

2. To direct agencies and units under its management in staying ready to participate in the prevention and combat of proliferation of weapons of mass destruction when mobilized.

3. To coordinate with the Ministry of National Defense, Ministry of Public Security and related ministries and sectors and local People’s Committees in:

a/ Preparing and implementing plans on the prevention and combat of proliferation of weapons of mass destruction on aircraft, ships, trains and other means of public transport, and organizing training, drills and exercises under such plans;

b/ Controlling transport under Article 17 of this Decree and relevant laws in order to detect, prevent and handle activities of proliferating weapons of mass destruction.

Article 39.Responsibilities of the Ministry of Information and Communications

1. To organize within the ambit of its tasks and powers the prevention and combat of proliferation of weapons of mass destruction under this Decree and other relevant regulations; to coordinate the implementation of Point c, Clause 1, Article 29 of this Decree.

2. To direct agencies and units under its management in staying ready to participate in the prevention and combat of proliferation of weapons of mass destruction when mobilized.

3. To direct agencies in charge of and enterprises engaged in publishing, press, post, telecommunications and information technology in performing the following tasks:

a/ To ensure information security for the prevention and combat of proliferation of weapons of mass destruction;

b/ To coordinate with army and public security units in devising and implementing measures to prevent and combat the proliferation of weapons of mass destruction and control publishing, press, post, telecommunications and information technology activities in order to detect and handle acts of taking advantage of these activities to proliferate, and finance the proliferation of, weapons of mass destruction;

c/ To manage the provision of information about the proliferation and financing of proliferation of weapons of mass destruction in the mass media and grassroots information systems; to carry out public communication and education activities to raise the awareness of state employees and people about prevention and combat of proliferation of weapons of mass destruction; to take the initiative in detecting acts of taking advantage of information and communication activities to proliferate weapons of mass destruction.

Article 40.Responsibilities of related ministries and sectors

Related ministries and sectors shall, within the ambit of their tasks and powers, coordinate with one another in exchanging information and taking measures to preclude and prevent the proliferation and financing of proliferation of weapons of mass destruction under this Decree and relevant laws.

Article 41.Responsibilities of provincial-level People’s Committees

To coordinate, within the ambit of their tasks and powers, with one another in  exchanging information and taking measures to preclude and prevent the proliferation and financing of proliferation of weapons of mass destruction under this Decree and relevant laws.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 42.Effect

This Decree takes effect on the date of its signing.

Article 43.Implementation responsibility

1. The Ministry of National Defense shall assume the prime responsibility for, and coordinate with related ministries and sectors in, inspecting and urging the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People’s Committees shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC