Decree 259/2025/ND-CP on strategic trade control

DECREE

On strategic trade control

Pursuant to the Law on Organization of the Government No. 63/2025/QH15;

Pursuant to the Law on Foreign Trade Management No. 05/2017/QH14;

Pursuant to the Commercial Law No. 36/2005/QH11;

Pursuant to the Investment Law No. 61/2020/QH14; the Law Amending and Supplementing a Number of Articles of the Law on Public Investment, Law on Investment in the Form of Public-Private Partnership, Law on Investment, Housing Law, Bidding Law, Electricity Law, Law on Enterprises, Law on Excise Tax, and Law on Enforcement of Civil Judgments No. 03/2022/QH15;

At the proposal of the Minister of Industry and Trade;

The Government promulgates this Decree on strategic trade control.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides for the management of export, temporary import for re-export, transshipment, transit, and cross-border transportation of strategic trade goods.

Article 2. Subjects of application

This Decree applies to traders engaged in export, temporary import for re-export, transshipment, transit, and cross-border transportation of strategic trade goods, and to relevant agencies and organizations.

Article 3. Interpretation of terms

In this Decree, the following terms shall be construed as follows:

1. Strategic trade goods mean weapons of mass destruction, conventional weapons, and dual-use goods that are used for the development, production, or use of weapons of mass destruction or conventional weapons.

2. Dual-use goods mean goods that are normally used for civil purposes but may also be used for the development, production, or use of weapons of mass destruction or conventional weapons.

3. End-user means an organization or individual, whether inside or outside the territory of Vietnam, that receives and is the ultimate user of strategic trade goods.

4. Weapons of mass destruction mean the types of weapons as prescribed in Clause 1 Article 4 of the Government’s Decree No. 81/2019/ND-CP on prevention and combat of proliferation of weapons of mass destruction.

5. Designated organizations and individuals mean organizations and individuals as defined in Clause 15 Article 4 of the Government’s Decree No. 81/2019/ND-CP on prevention and combat of proliferation of weapons of mass destruction.

6. Internal compliance program means a set of procedures established by a trader engaged in the export, temporary import for re-export, transshipment, transit, and cross-border transportation of strategic trade goods, which are mandatorily implemented within the trader to ensure compliance with the provisions of this Decree and other relevant legal normative documents related to strategic trade control activities.

7. Technical and technological specifications mean information demonstrating the functions, capabilities, application scope, technical parameters, structure, design, and technical documentation describing a product or technology.

Chapter II

MANAGEMENT OF STRATEGIC TRADE GOODS

Article 4. Principles for the management of strategic trade goods

1. Strategic trade goods shall comply with the provisions of this Decree and applicable laws on foreign trade management, commerce, specialized legislation, taxation, customs, and other relevant laws.

2. Traders engaging in the export, temporary import for re-export, transshipment, transit, and cross-border transportation of dual-use goods as prescribed in Clause 3 Article 7 of this Decree shall obtain a License (except in cases serving purposes of national defense or security).

3. In cases where there is information raising suspicion that the goods are used for the production or use of weapons of mass destruction, or where the end-user of goods is included in the List of Designated Entities, the trader shall obtain a License before conducting the export, temporary import for re-export, transshipment, transit, or cross-border transportation of such goods, even if goods are not included in the List prescribed in Article 7 of this Decree.

4. Where necessary, to implement international commitments or agreements under bilateral treaties, the Ministry of Industry and Trade shall decide on the application of the licensing measure for export, temporary import for re-export, transshipment, transit, or cross-border transportation with respect to goods not falling under Clauses 2 and 3 of this Article.

5. Traders exporting, temporarily importing for re-export, transshipping, or transiting weapons of mass destruction and conventional weapons shall comply with applicable legal normative documents on the prevention and combat of the proliferation of weapons of mass destruction and with legislation on the management and use of weapons, explosives, and supporting tools.

Article 5. Provisions on the Internal Compliance Program

1. Traders engaging in the export, temporary import for re-export, transshipment, transit, and cross-border transportation of strategic trade goods are encouraged to establish and implement an Internal Compliance Program.

2. The Internal Compliance Program shall include the following sets of procedures:

a) Commitment to the responsibilities of traders, business owners, departments and employees on strategic trade control according to the provisions of law;

b) A set of procedures on the review of the end-user and purposes of use of goods in transactions;

c) A set of procedures on how the trader regularly updates legal provisions on strategic trade control;

d) A set of procedures on internal training related to this field;

dd) A set of procedures on the storage of information and documentation;

e) A set of procedures on notification obligations.

Requirements applicable to the sets of procedures under the Internal Compliance Program are specified in Appendix II to this Decree.

3. A trader that has implemented an Internal Compliance Program for two (02) years or more and has been certified by the Ministry of Industry and Trade shall be considered for the issuance of a License for export, temporary import for re-export, transshipment, transit, or cross-border transportation according to the time limit prescribed in Clause 3 Article 8 of this Decree.

Article 6. Responsibilities of traders

Traders engaging in the export, temporary import for re-export, transshipment, transit, and cross-border transportation of strategic trade goods shall have the responsibilities:

1. To comply with regulations on the management of export, temporary import for re-export, transshipment, transit, and cross-border transportation of strategic trade goods under this Decree and applicable laws on foreign trade management, commerce, specialized legislation, taxation, customs, and other relevant laws;

2. To be responsible for notifying the Ministry of Industry and Trade and the Ministry of National Defence upon detecting or suspecting that the goods traded by the trader may be used, directly or indirectly, for the purpose of producing or using weapons of mass destruction;

3. To be responsible for notifying the Ministry of Industry and Trade and the Ministry of National Defence upon detecting or suspecting that the consignee or end-user of the goods traded by the trader is included in the List of Designated Organizations and Individuals;

4. To retain documents and information related to strategic trade goods, to cooperate with, and to provide dossiers and documents as required by the licensing authority and relevant agencies when authorities conduct inspections of compliance with the provisions of this Decree.

Chapter III

EXPORT, TEMPORARY IMPORT FOR RE-EXPORT, TRANSSHIPMENT, TRANSIT, AND CROSS-BORDER TRANSPORTATION OF DUAL-USE GOODS

Article 7. List of dual-use goods

1. The List of dual-use goods subject to licensing for export, temporary import for re-export, transshipment, transit, and cross-border transportation is provided in Appendix I attached to this Decree.

2. Ministries, based on management requirements, regulations on goods and assignments specified in Appendix I to this Decree, shall consult and reach consensus with the Ministries of National Defence, Public Security, Foreign Affairs, and Finance to promulgate a detailed List of dual-use goods under the state management of the Ministry, accompanied by HS codes and the technical and technological specifications of the goods.

3. Only goods whose HS codes, descriptions, and technical and technological specifications which are identical to HS codes, descriptions, and technical and technological specifications prescribed in the detailed List of dual-use goods under the state management of Ministries specified in Clause 2 of this Article shall be subject to licensing management in accordance with Clause 2 Article 4 of this Decree.

Article 8. Licensing for dual-use goods

1. Ministries assigned in Appendix I to this Decree (hereinafter referred to as licensing authorities) shall be responsible for granting licenses for the export, temporary import for re-export, transshipment, transit, and cross-border transportation of dual-use goods as provided in Clause 2 Article 4 of this Decree.

2. The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with relevant ministries and ministerial-level agencies in, granting licenses for the export, temporary import for re-export, transshipment, transit, and cross-border transportation of goods as provided in Clause 3 Article 4 of this Decree.

3. Licenses for export, temporary import for re-export, transshipment, transit, and cross-border transportation of dual-use goods consist of 02 types:

a) License per shipment;

b) License with fixed term.

4. A license with fixed term shall be considered and applied to traders who have been certified by the Ministry of Industry and Trade as having implemented an Internal Compliance Program in accordance with Clause 3 Article 5 of this Decree.

5. Validity of licenses:

a) A license with fixed term shall be valid for 12 months from the date of signing and shall not restrict the quantity of dual-use goods exported, temporarily imported for re-export, trans-shipped, transited, or transported across borders under license during validity period;

b) A license per shipment shall be valid for 03 months from the date of signing.

Article 9. Dossier and procedure for granting licenses for export, temporary import for re-export, transshipment, transit, and cross-border transportation of dual-use goods

1. Depending on the management assignment stated in Appendix I to this Decree, traders shall submit 01 set of application dossiers for a license for export, temporary import for re-export, transshipment, transit, or cross-border transportation of dual-use goods, either directly, by post, or online, to the licensing authority. The dossier comprises:

a) An application form for a license for export, temporary import for re-export, transshipment, transit, or cross-border transportation of dual-use goods, made according to the form in Appendix III issued together with this Decree (01 original);

b) A written commitment by the importer or end-user that the goods shall not be used for the production of weapons of mass destruction and shall not be supplied to designated organizations or individuals (01 original in English and 01 Vietnamese translation, both authenticated by the trader applying for the license);

c) Documents related to the dual-use shipment: export, temporary import for re-export, transit, transshipment, or cross-border transportation contract; license issued by a competent authority as prescribed by current regulations (if any) (01 copy);

d) A report on the implementation of export, temporary import for re-export, transshipment, transit, and cross-border transportation of dual-use goods under previously granted licenses, made according to the form in Appendix IV issued together with this Decree (01 original), except where the trader applies for a license with fixed term;

dd) The Decision of the Ministry of Industry and Trade certifying the implementation of the Internal Compliance Program in accordance with Clause 3 Article 5 of this Decree (applicable only to cases of application for a license with fixed term).

2. If the dossier is incomplete or non-compliant, within 05 working days from the date of receipt, the licensing authority shall notify the trader in writing to supplement and complete the dossier.

3. Where necessary, within 05 working days from the date of receipt of a complete and valid dossier, the licensing authority shall send the dossier to relevant ministries for consultation.

Within 07 working days from the date of receipt of the consultation request, the consulted ministry shall review the dossier and reply in writing.

4. Within 07 working days from the date of receipt of a complete and valid dossier or from the date of receipt of the written reply of the consulted ministry, the licensing authority shall consider granting the License to the trader or issue a written refusal stating the reasons.

5. Amendment or supplementation of a License:

a) The trader shall submit 01 set of dossiers including a written request for amendment or supplementation of the License together with relevant supporting documents to the licensing authority;

b) If the dossier is incomplete or non-compliant, within 05 working days from receipt, the licensing authority shall notify the trader in writing (or online) to supplement and complete;

c) Within 07 working days from the date of receipt of a complete dossier, the licensing authority shall consider amending or supplementing the License for the trader or issue a written refusal stating the reasons.

6. Re-issuance of License due to loss, misplacement, or damage:

a) The trader shall submit 01 set of dossiers including a written request for re-issuance of the License together with relevant supporting documents (if any) to the licensing authority;

b) Within 05 working days from the date of receipt of a complete dossier, the licensing authority shall consider re-issuing the License to the trader or issue a written refusal stating the reasons.

Article 10. Revocation of Licenses for export, temporary import for re-export, transshipment, transit, and cross-border transportation of dual-use goods

The licensing authority shall issue a written decision to revoke a license granted to a trader in the cases:

1. Detecting the trader provided untruthful or inaccurate information related to the license application or failed to comply with the License granted;

2. Receipt of information from relevant agencies or organizations that the trader or its transaction has violated provisions on prevention of the proliferation of weapons of mass destruction or related international agreements or treaties;

3. When there is a change in national security policy or in accordance with Resolutions of the United Nations Security Council.

Article 11. Certification of implementation of the Internal Compliance Program

1. A trader that has implemented an Internal Compliance Program for 02 years or more and intends to obtain certification of implementation of the Internal Compliance Program shall submit 01 set of dossiers for certification directly, by post, or online to the Ministry of Industry and Trade.

2. The dossier for certification of implementation of the Internal Compliance Program comprises:

a) An application for certification of implementation of the Internal Compliance Program, made according to the form in Appendix V to this Decree (01 original);

b) A description of the enterprise’s internal control system, demonstrating compliance with and implementation of the Internal Compliance Program as prescribed in Article 10 of this Decree during the latest 02 years (01 original signed by the applicant);

c) A report on the implementation of export, temporary import for re-export, transshipment, transit, and cross-border transportation of dual-use goods during the latest 02 years, made according to the form in Appendix VI to this Decree (01 original signed by the applicant).

Article 12. Procedure for Internal Compliance Program implementation confirmation

1. If the dossier is incomplete or non-compliant, within 05 working days from the date of receipt of the dossier, the Ministry of Industry and Trade shall notify the applicant in writing (or online) to supplement and complete.

2. Within 07 working days from the date of receipt of a complete and valid dossier, the Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with relevant ministries as assigned in Appendix I to this Decree in, conducting an on-site inspection at the trader’s production or business premises.

3. Within 07 working days from the conclusion of the on-site inspection at the trader’s production or business premises, the Ministry of Industry and Trade shall issue a Decision certifying the implementation of the Internal Compliance Program or send a written notice of refusal stating the reasons.

4. The Decision certifying the implementation of the Internal Compliance Program shall be valid for 05 years.

Article 13. Amendment and supplementation of information in the Decision certifying the implementation of the Internal Compliance Program

1. Where a trader that has been certified for the implementation of the Internal Compliance Program experiences a change in information, the trader shall submit 01 written request for amendment or supplementation of information, made according to the form in Appendix VII to this Decree, together with supporting documents. The dossier shall be submitted directly, by post, or online to the Ministry of Industry and Trade no later than 07 working days from the date of change.

2. If the dossier is incomplete or non-compliant, within 05 working days from receipt, the Ministry of Industry and Trade shall notify the applicant in writing (or online) to supplement and complete.

3. Within 07 working days from the date of receipt of a complete dossier, the Ministry of Industry and Trade shall issue a Decision amending or supplementing information or send a written notice of refusal stating the reasons.

Article 14. Revocation of the Decision certifying the implementation of the Internal Compliance Program

The Ministry of Industry and Trade shall issue a Decision revoking the Decision certifying the implementation of the Internal Compliance Program in the following cases:

1. The trader provided incorrect information in application dossier;

2. The trader fails to meet the requirements of the Internal Compliance Program as provided in Article 5 of this Decree;

3. The trader’s license for dual-use goods is revoked pursuant to Article 10 of this Decree;

4. The trader is dissolved or declared bankrupt by a court;

5. The trader fails to fulfill the reporting obligation prescribed in Article 15 of this Decree after 15 working days from the date the Ministry of Industry and Trade issues a written reminder.

Article 15. Responsibilities of traders engaging in the export, temporary import for re-export, transshipment, transit, and cross-border transportation of dual-use goods

In addition to complying with Article 6 of this Decree, traders licensed for the export, temporary import for re-export, transshipment, transit, and cross-border transportation of dual-use goods shall comply with the following regulations:

1. Be responsible before law for the accuracy and truthfulness of dossiers and documents submitted for license application;

2. Cooperate and provide dossiers and documents as required by the licensing authority and relevant agencies during inspections of compliance with this Decree;

3. Be responsible for retaining dossiers and documents related to licensed goods for presentation to competent authorities upon request, with a minimum retention period of 05 years;

4. No later than 30 January each year, submit to the Ministry of Industry and Trade a written report, either directly, by post, or online (if applicable), on the situation of export, temporary import for re-export, transshipment, transit, and cross-border transportation of dual-use goods, using the form in Appendix VI issued together with this Decree.

Chapter IV

IMPLEMENTATION ORGANIZATION AND PROVISIONS

Article 16. Responsibilities of ministries and ministerial-level agencies

In addition to the responsibilities prescribed in this Decree and other applicable legal instruments, the ministries and ministerial-level agencies: The Ministry of Industry and Trade, the Ministry of Finance, the Ministry of Foreign Affairs, the Ministry of National Defence, the Ministry of Construction, the Ministry of Health, the Ministry of Science and Technology, and the State Bank of Vietnam  shall have the following responsibilities:

1. The Ministry of Industry and Trade

a) Assume the prime responsibility for, and coordinate with relevant ministries and ministerial-level agencies in formulating the List of dual-use goods under state management; organize the issuance of licenses for dual-use goods under management and provide information on license issuance to the customs authority for coordinated management.

b) Assume the prime responsibility for, and coordinate with ministries and ministerial-level agencies in monitoring the implementation of the Internal Compliance Program of traders and provide to licensing authorities information on traders certified implementation the Internal Compliance Program as prescribed in Article 11 of this Decree.

c) Assume the prime responsibility for, and coordinate with ministries and ministerial-level agencies in conducting publicity and guidance activities for enterprises, organizations, and individuals to understand and implement the provisions on strategic trade control.

d) Monitor and retrieve information relating to trade control over dual-use goods under the state management of the Ministry of Industry and Trade.

2. The Ministry of Science and Technology, the Ministry of Health, the Ministry of Construction:

a) Assume the prime responsibility for, and coordinate with relevant ministries and ministerial-level agencies in formulating the List of dual-use goods under state management of Ministry; organize the issuance of licenses for dual-use goods under state management of Ministry and provide information on license issuance to the Ministry of Industry and Trade and to the customs authority for coordinated management.

b) Monitor and retrieve information relating to strategic trade control under \ state management of Ministry.

3. The Ministry of Finance

a) Coordinate with ministries and ministerial-level agencies to promulgate the HS code table of goods attached to the List of dual-use goods.

b) Direct the Department of Customs to control export, temporary import for re-export, transshipment, transit, and cross-border transportation activities involving strategic trade goods at border gates.

c) Direct the Department of Customs to coordinate with ministries and sectors to disseminate information and train customs officers on the capacity to identify and determine goods subject to strategic trade control.

d) Direct the Department of Customs to cooperate with foreign customs authorities in implementing treaties and international agreements on cooperation in strategic trade control.

4. The State Bank of Vietnam

Direct credit institutions to promulgate procedures for controlling documents in international payments in conformity with this Decree and legal normative documents concerning the prevention and combat of the proliferation of weapons of mass destruction.

5. The Ministry of Foreign Affairs

a) Receive information related to strategic trade goods through diplomatic channels for forward and coordinate with licensing authorities and domestic agencies for handling within competence.

b) Promote international cooperation within the framework of this Decree.

6. The Ministry of National Defence

Take the lead in formulating, publishing, and providing to licensing authorities the List of designated organizations and individuals involved in the proliferation and financing of the proliferation of weapons of mass destruction.

Article 17. Implementation organization

1. Based on the provisions of this Decree, ministries and ministerial-level agencies shall promulgate detailed Lists of dual-use goods within management competence to guide the implementation of this Decree.

2. Within 06 months from the effective date of this Decree, the licensing authorities prescribed in this Decree shall coordinate with the Ministry of Finance to implement the licensing process through the National Single Window Portal.

3. The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with ministries and ministerial-level agencies in inspecting the implementation of the provisions of this Decree.

Article 18. Effect

1. This Decree takes effect on October 10, 2025.

2. Ministers, Heads of ministerial-level agencies, Heads of Government-attached agencies, Chairpersons of People’s Committees of provinces and centrally-run cities, and concerned agencies, organizations, and individuals shall be responsible for the implementation of this Decree.

Appendix I

LIST OF DUAL-USE GOODS SUBJECT TO LICENSING FOR EXPORT, TEMPORARY IMPORT FOR RE-EXPORT, TRANSSHIPMENT, TRANSIT, CROSS-BORDER TRANSPORTATION

(Issued together with the Government’s Decree No. 259/2025/ND-CP dated October 10, 2025)

* Other Appendices are not translated herein.