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

DECREE

On strategic trade control^[1]

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

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

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

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

At the proposal of the Minister of Industry and Trade;

The Government promulgates the Decree on strategic trade control.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree prescribes the management of export, temporary import for re-export, border-gate transfer, transshipment and transit of strategic trade goods.

Article 2. Subjects of application

This Decree applies to traders involved in the export, temporary import for re-export, border-gate transfer, transshipment or transit of strategic trade goods; and related agencies and organizations.

Article 3. Interpretation of terms

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

1. Strategic trade goods means weapons of mass destruction, conventional weapons, and dual-use goods used in the development, production or use of weapons of mass destruction and conventional weapons.

2. Dual-use goods means goods which are normally used for civilian purposes but may be used in the development, production or use of weapons of mass destruction and conventional weapons.

3. End user means an organization or individual either outside or inside the territory of Vietnam that is the recipient and end user of strategic trade goods.

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

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

6. Internal compliance program means a set of procedures developed by traders involved in the export, temporary import for re-export, border-gate transfer, transshipment and transit of strategic trade goods. These procedures are mandatory within the trader’s organization to ensure compliance with the provisions of this Decree and other relevant legal documents concerning strategic trade control activities.

7. Technical and technological characteristics means information that demonstrates the features, capabilities, scope of application, technical specifications, structure, design, and technical documentation describing a product or technology.

Chapter II

MANAGEMENT OF STRATEGIC TRADE GOODS

Article 4. Principles of management of strategic trade goods

1. Strategic trade goods must comply with the provisions of this Decree and current laws on foreign trade management and commerce, specialized laws, tax and customs laws, and other laws.

2. Traders involved in the export, temporary import for re-export, border-gate transfer, transshipment or transit of dual-use goods specified in Clause 3, Article 7 of this Decree must have a license (except cases serving national defense and security purposes).

3. In case there is doubt that goods are being used to produce or use weapons of mass destruction, or that the end user of the goods is on the list of designated subjects, traders shall obtain a license when exporting, temporarily importing for re-export, border-gate transferring, transshipping or transiting such goods, even if the goods are not included in the list referred to in Article 7 of this Decree.

4. When necessary, to implement international commitments or bilateral agreements, the Ministry of Industry and Trade may decide to apply export, temporary import for re-export, border-gate transfer, transshipment or transit licensing measures for goods other than those specified in Clauses 2 and 3 of this Article.

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

Article 5. Internal compliance programs

1. Traders exporting, temporarily importing for re-export, border-gate transferring, transshipping and transiting strategic trade goods are encouraged to develop and implement an internal compliance program.

2. An internal compliance program must include the following sets of procedures:

a/ Commitments regarding the responsibilities of traders, enterprise owners, departments and employees regarding strategic trade control as prescribed by law.

b/ A set of procedures for reviewing the end users and intended use of goods in transactions.

c/ A set of procedures for the trader to regularly update its knowledge of legal regulations concerning strategic trade control.

d/ A set of procedures for internal training related to this field.

dd/ A set of procedures for storing information and documents.

e/ A set of procedures for fulfilling notification obligations.

Requirements for the sets of procedures in the internal compliance program are provided in Appendix II to this Decree.

3. Traders that have implemented their internal compliance programs for 2 years or more and have been certified by the Ministry of Industry and Trade may be considered for the grant of export, temporary import for re-export, border-gate transfer, transshipment or transit licenses within the time limit specified in Clause 3, Article 8 of this Decree.

Article 6. Responsibilities of traders

Traders exporting, temporarily importing for re-export, border-gate transferring, transshipping and transiting strategic trade goods are responsible for:

1. Complying with this Decree’s provisions on the management of export, temporary import for re-export, border-gate transfer, transshipment and transit of strategic trade goods and current laws on foreign trade management and commerce, specialized laws, tax and customs laws, and other laws.

2. Notifying the Ministry of Industry and Trade and the Ministry of National Defense when detecting or suspecting that goods traded by the traders are likely to be used directly or indirectly for the production or use of weapons of mass destruction.

3. Notifying the Ministry of Industry and Trade and the Ministry of National Defense when detecting or suspecting that the recipients or end users of the goods traded by the traders are on the list of designated organizations and individuals.

4. Preserving records and information related to strategic trade goods, organizing work and providing records and documents as required by the licensing agencies and relevant agencies when the latter inspect the implementation of the provisions in this Decree.

Chapter III

EXPORT, TEMPORARY IMPORT FOR RE-EXPORT, BORDER-GATE TRANSFER, TRANSSHIPMENT AND TRANSIT OF DUAL-USE GOODS

Article 7. List of dual-use goods

1. The list of dual-use goods for export, temporary import for re-export, border-gate transfer, transshipment and transit under licenses is provided in Appendix I to this Decree.

2. Based on the management requirements, regulations on goods, and assignments in Appendix I to this Decree, the ministries shall consult and agree with the Ministries of National Defense, Public Security, Foreign Affairs, and Finance to publish a detailed list of dual-use goods in the fields under their respective state management, including HS codes and technical and technological characteristics of the goods.

3. Only goods with HS codes, descriptions, and technical and technological characteristics that match the HS codes, descriptions, and technical and technological characteristics specified in the detailed list of dual-use goods in the fields under the state management of the ministries mentioned in Clause 2 of this Article are subject to licensing-based management as prescribed in Clause 2, Article 4 of this Decree.

Article 8. Licensing for dual-use goods

1. The ministries assigned in Appendix I of this Decree (below referred to as licensing agencies) shall grant export, temporary import for re-export, border-gate transfer, transshipment and transit licenses for dual-use goods as prescribed 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 export, temporary import for re-export, border-gate transfer, transshipment and transit licenses for goods as prescribed in Clause 3, Article 4 of this Decree.

3. Export, temporary import for re-export, border-gate transfer, transshipment and transit licenses for dual-use goods are of two types:

a/ License per consignment.

b/ Time-based license.

4. Time-based licenses are considered and applied to traders that have been certified by the Ministry of Industry and Trade as having implemented the internal compliance program as prescribed in Clause 3, Article 5 of this Decree.

5. Validity period of licenses

a/ A time-based license is valid for 12 months from the date of signing and does not limit the quantity of dual-use goods exported, temporarily imported for re-export, border-gate transferred, transshipped or transited under the license during its validity period.

b/ A license per consignment is valid for 3 months from the date of signing.

Article 9. Dossiers and procedures for granting export, temporary import for re-export, border-gate transfer, transshipment and transit licenses for dual-use goods

1. Depending on the management assignment provided in Appendix I to this Decree, traders shall submit one set of dossier of application for an export, temporary import for re-export, border-gate transfer, transshipment or transit license for dual-use goods in person, by post or online to the licensing agency. The dossier must comprise:

a/ An application for an export, temporary import for re-export, border-gate transfer, transshipment or transit license for dual-use goods (1 original), made according to the form provided in Appendix III to this Decree.

b/ A commitment statement of the importer or the end user that the goods will neither be used for the production of weapons of mass destruction nor be supplied to designated organizations or individuals (1 original in English and 1 Vietnamese translation, both certified by the applying trader).

c/ Documents related to the dual-use goods consignment: contract on export, temporary import for re-export, border-gate transfer, transshipment or transit; license granted by a competent agency in accordance with current regulations (if any) (1 copy).

d/ Report on the export, temporary import for re-export, border-gate transfer, transshipment or transit of dual-use goods under the previous license, made according to the form provided in Appendix IV to this Decree (1 original) (except traders applying for a time-based license).

dd/ The Ministry of Industry and Trade’s decision certifying the implementation of the internal compliance program as prescribed in Clause 3, Article 5 of this Decree (only applicable to traders applying for a time-based license).

2. Within 5 working days from the date of receipt of the dossier, if seeing that the dossier is incomplete or invalid, the licensing agency shall notify such in writing to the trader to complete it.

3. When necessary, within 5 working days from the date of receiving a complete and valid dossier, the licensing agency shall forward it to a relevant ministry for opinion.

Within 7 working days from the date of receiving the consultation request from the licensing agency, the relevant ministry shall examine the dossier and provide a written reply.

4. Within 7 working days from the date of receiving a complete dossier or from the date of receiving the written reply from the relevant ministry, the licensing agency shall consider and grant the license to the trader or issue a written refusal to grant the license, clearly stating the reason.

5. Alteration and supplementation of the license:

a/ The trader shall submit one set of dossier, including a written request for alteration or supplementation of the license, together with supporting documents, to the licensing agency.

b/ Within 5 working days from the date of receipt of the dossier, if seeing that the dossier is incomplete or invalid, the licensing agency shall notify such in writing (or online) to the trader to complete the dossier.

c/ Within 7 working days from the date of receipt of a complete dossier, the licensing agency shall consider altering or supplementing the license for the trader or issue a written notice refusing the alteration or supplementation, clearly stating the reason.

6. Re-grant due to loss, misplacement of or damage to a license

a/ The trader shall submit one set of dossier, including a written request for re-grant of the license, together with supporting documents (if any), to the licensing agency.

b/ Within 5 working days from the date of receipt of a complete dossier, the licensing agency shall consider re-granting the license for the trader or issue a written notice refusing the re-grant, clearly stating the reason.

Article 10. Revocation of export, temporary import for re-export, border-gate transfer, transshipment and transit licenses for dual-use goods

The licensing agency shall issue a document revoking the export, temporary import for re-export, border-gate transfer, transshipment and transit license for dual-use goods granted to the trader in the following cases:

1. Detecting that the trader has provided false or inaccurate information related to the license application, or has failed to comply with the license.

2. Receiving information from relevant agencies or organizations regarding the trader or the trader’s transactions violating regulations on prevention and combat of the proliferation of weapons of mass destruction, or relevant international agreements and treaties.

3. When there are changes in national security policy or for implementing resolutions of the United Nations Security Council.

Article 11. Certification of implementation of internal compliance programs

1. Traders that have implemented an internal compliance program for 2 years or more and wish to have their implementation certified shall submit one set of dossier requesting certification of implementation of the internal compliance program in person, by post or online to the Ministry of Industry and Trade.

2. A dossier of request for certification of implementation of the internal compliance program must comprise:

a/ A written request for certification of implementation of the internal compliance program, made according to the form provided in Appendix V to this Decree (1 original).

b/ A written description of the enterprise’s internal control system, which must demonstrate compliance with and implementation of the internal compliance program as prescribed in Article 10 of this Decree in the last 2 years (1 original signed by the person signing the request).

c/ A report on the export, temporary import for re-export, border-gate transfer, transshipment and transit of dual-use goods in the last 2 years, made according to the form provided in Appendix VI to this Decree (1 original signed by the person signing the request).

Article 12. Procedures for certifying implementation of the internal compliance program

1. Within 5 working days from the date of receipt of the dossier, if seeing that the dossier is incomplete or invalid, the Ministry of Industry and Trade shall notify such in writing (or online) to the requesting trader to complete it.

2. Within 7 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 coordinating with relevant ministries as assigned in Appendix I to this Decree in, conducting an on-site inspection of the trader’s production and business facilities.

3. Within 7 working days from the date of completion of the on-site inspection of the production and business facilities, the Ministry of Industry and Trade shall issue a decision certifying implementation of the internal compliance program or issue a written refusal to certify, clearly stating the reason.

4. The decision certifying implementation of the internal compliance program is valid for 5 years.

Article 13. Alteration and addition of information in decisions certifying implementation of the internal compliance program

1. In case a trader has been certified as having implemented the internal compliance program but there are changes to its information, the trader shall submit a written request for alteration or addition of information, made according to the form provided in Appendix VII to this Decree, together with supporting documents. The dossier shall be submitted in person, by post or online to the Ministry of Industry and Trade within 7 working days from the date of the change in information.

2. Within 5 working days from the date of receipt of the dossier, if seeing that the dossier is incomplete or invalid, the Ministry of Industry and Trade shall notify such in writing (or online) to the trader to complete the dossier.

3. Within 7 working days from the date of receipt of a valid dossier, the Ministry of Industry and Trade shall issue a decision to alter or add the information or send a written notice refusing the alteration or addition, clearly stating the reason.

Article 14. Revocation of decisions certifying implementation of the internal compliance program

The Ministry of Industry and Trade shall issue a decision to revoke the decision certifying implementation of the internal compliance program in the following cases:

1. The trader provides incorrect information in the dossier of request.

2. The trader does not meet the requirements for the internal compliance program as prescribed in Article 5 of this Decree.

3. The trader’s license for dual-use goods is revoked in accordance with Article 10 of this Decree.

4. The trader is dissolved or declared bankrupt by the court.

5. The trader fails to fulfill its reporting responsibility as 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 exporting, temporarily importing for re-export, border-gate transferring, transshipping or transiting dual-use goods

In addition to complying with the provisions of Article 6 of this Decree, traders licensed to export, temporarily import for re-export, border-gate transfer, transship or transit dual-use goods shall comply with the following provisions:

1. To be responsible before law for the accuracy and truthfulness of the dossiers of application for dual-use goods licenses and the documents presented to the licensing agency.

2. To organize work and provide records and documents as required by the licensing agency and relevant agencies when the latter conduct inspection of the implementation of the provisions in this Decree.

3. To be responsible for storing records and documents related to licensed goods for presentation to competent agencies upon request, for a period of at least 5 years.

4. Before January 30 every year, to send a written report to the Ministry of Industry and Trade, either by hand-delivery, by post or online (if applicable), on the situation of export, temporary import for re-export, border-gate transfer, transshipment or transit of dual-use goods, made according to the form provided in Appendix VI to this Decree.

Chapter IV

ORGANIZATION OF IMPLEMENTATION AND IMPLEMENTATION PROVISIONS

Article 16. Responsibilities of ministries and ministerial-level agencies

In addition to the responsibilities prescribed in this Decree and other current laws, the Ministries of Industry and Trade; Finance; Foreign Affairs; National Defense; Construction; Health; and Science and Technology, and the State Bank of Vietnam have the following responsibilities:

1. The Ministry of Industry and Trade

a/ To assume the prime responsibility for, and coordinate with relevant ministries and ministerial-level agencies in, formulating the List of dual-use goods under its state management; to organize the licensing of dual-use goods under its state management, and provide licensing information to customs offices for coordinated management.

b/ To assume the prime responsibility for, and coordinate with other ministries and ministerial-level agencies in, monitoring the implementation of the internal compliance programs of traders, and provide the licensing agency with information on traders that have been certified as having implemented internal compliance programs as prescribed in Article 11 of this Decree.

c/ To assume the prime responsibility for, and coordinate with other ministries and ministerial-level agencies in, organizing activities to disseminate information and guide businesses, organizations and individuals to understand and implement regulations on strategic trade control.

d/ To monitor and track information on trade control for dual-use goods under its state management.

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

a/ To assume the prime responsibility for, and coordinate with relevant ministries and ministerial-level agencies in, formulating the Lists of dual-use goods under their respective state management; to organize the licensing of dual-use goods under their respective state management and provide information on licensing to the Ministry of Industry and Trade and customs offices for coordinated management.

b/ To monitor and track information on strategic trade control under their respective state management.

3. The Ministry of Finance

a/ To coordinate with other ministries and ministerial-level agencies in issuing the HS code table to be attached to the list of dual-use goods.

b/ To direct the Customs Department to control the export, temporary import for re-export, border-gate transfer, transshipment and transit of strategic trade goods at the border.

c/ To direct the Customs Department to coordinate with ministries and sectors in disseminating and training customs officers in the capacity to identify and determine goods subject to strategic trade control.

d/ To direct the Customs Department to cooperate with foreign customs authorities in implementing treaties and international agreements on cooperation in strategic trade control.

4. The State Bank of Vietnam

To direct credit institutions to issue procedures for controlling documents in international payments in accordance with the provisions of this Decree and other relevant legal documents regarding the prevention and combat of the proliferation of weapons of mass destruction.

5. The Ministry of Foreign Affairs

a/ To receive information related to strategic trade goods through diplomatic channels to forward the information to, and coordinate with, licensing agencies and domestic agencies to resolve arising issues according to their competence.

b/ To promote international cooperation within the framework of the Decree.

6. The Ministry of National Defense

To assume the prime responsibility for formulating, publicly announcing, and providing to the licensing agencies the List of designated organizations and individuals involved in the proliferation and financing of the proliferation of weapons of mass destruction.

Article 17. Organization of implementation

1. Pursuant to the provisions of this Decree, ministries and ministerial-level agencies shall publish detailed lists of dual-use goods under their respective management to guide the implementation of this Decree.

2. Within 6 months from the effective date of this Decree, the licensing agencies prescribed in this Decree shall coordinate with the Ministry of Finance in implementing licensing through the Vietnam National Single Window.

3. The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with other 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 provincial-level People’s Committees, and relevant agencies, organizations and individuals shall implement this Decree.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
BUI THANH SON

* The Appendices to this Decree are not translated.

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.