Law on Prevention and Combat of Proliferation of Weapons of Mass Destruction 2026, No. 13/2026/QH16
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ATTRIBUTE Law on Prevention and Combat of Proliferation of Weapons of Mass Destruction 2026
| Issuing body: | National Assembly of the Socialist Republic of Vietnam | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 13/2026/QH16 | Signer: | Tran Thanh Man |
| Type: | Law | Expiry date: | Updating |
| Issuing date: | 23/08/2026 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Industry, National Security, Public order, Science - Technology |
The Effect status of this document is known.This feature is available to Advanced account holders. Please log in to a subscriber account to view Effect status. Don’t have an account? Register here
THE NATIONAL ASSEMBLY No. 13/2026/QH16 | THE SOCIALIST REPUBLIC OF VIETNAM |
Law
On Prevention and Combat of Proliferation of Weapons of Mass Destruction[1]
Pursuant to the Constitution of the Socialist Republic of Vietnam, which has a number of articles amended and supplemented under Resolution No. 203/2025/QH15;
The National Assembly promulgates the Law on Prevention and Combat of Proliferation of Weapons of Mass Destruction.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Law provides the principles, measures, resources and responsibilities of agencies, organisations and individuals for preventing and combating the proliferation of weapons of mass destruction.
Article 2. Subjects of application
This Law applies to Vietnamese agencies, organisations and individuals; foreign agencies, organisations and individuals operating or residing in the territory of the Socialist Republic of Vietnam; and other organisations and individuals involved in the prevention and combat of proliferation of weapons of mass destruction.
Article 3. Interpretation of terms
In this Law, the terms below are construed as follows:
1. Weapons of mass destruction means weapons capable of causing mass casualties over extensive areas, resulting in substantial loss of human life, harm to human health, damage to technical equipment, physical facilities and the ecological environment, and human psychological and mental panic; these weapons include nuclear weapons, radiological weapons, chemical weapons, biological weapons and other weapons with similar capabilities of mass destruction.
2. Nuclear weapons means weapons that use energy released from uncontrolled nuclear reactions, nuclear fission reactions, nuclear fusion reactions or other forms of nuclear reaction; these weapons include nuclear munitions, nuclear explosive devices, delivery and guidance equipment, and specialised equipment components constituting nuclear weapons.
3. Radiological weapons means weapons that use radioactive substances to cause casualties, radiation injuries or radioactive contamination to humans, the environment or objects without involving nuclear reactions; these weapons include radioactive substances, radiological dispersal devices, irradiation devices, equipment of delivery and specialised equipment components constituting such weapons.
4. Chemical weapons means weapons that exploit the highly toxic and rapidly acting properties of toxic chemicals and their precursors to cause death or serious harm to the ecological environment; these weapons include toxic chemicals and their precursors, munitions and devices designed exclusively for such purposes, and any equipment specifically designed for use in direct connection with the employment of such munitions.
5. Biological weapons means weapons that exploit the pathogenic or transmissible properties of biological agents capable of causing epidemics and mass fatalities among humans, animals or plants; these weapons include microorganisms, other biological agents or toxins, whatever their origin or method of production, of types and in quantities that have no justification for prophylactic, protective or other peaceful purposes; and weapons, equipment or equipment of delivery designed to use biological agents or toxins for hostile purposes or in armed conflict.
6. Equipment of delivery of weapons of mass destruction means devices used to carry, launch, distribute or disseminate weapons of mass destruction; such equipment includes missiles, rockets, unmanned aerial vehicles or other unmanned devices, and equipment or systems exclusively designed, manufactured or modified, or possessing technical characteristics or other agents, to deliver weapons of mass destruction to targets.
7. Proliferation of weapons of mass destruction means acts by agencies, organisations or individuals involving the research, engineering, manufacture, development, production, receipt, possession, purchase and sale, exchange, stockpiling, supply, transport, transfer, assignment, export, import or use of weapons of mass destruction or their equipment of delivery; the carrying out of, or provision of support for, unlawful activities involving materials, equipment, technologies, dual-use goods and other resources for the development, production, manufacture or use of weapons of mass destruction and their equipment of delivery; and related activities specified in resolutions of the United Nations Security Council.
8. Financing of proliferation of weapons of mass destruction means acts by agencies, organisations or individuals involving the provision, raising, transfer, management or use of money, property, financial resources, financial services, economic benefits, digital assets or other methods of transferring value for the purpose of carrying out or directly or indirectly supporting the proliferation of weapons of mass destruction, for designated organisations or individuals or for their benefit.
9. Prevention and combat of proliferation of weapons of mass destruction means activities carried out by agencies, organisations and individuals to prevent, detect, stop and handle acts of proliferation of weapons of mass destruction and the financing of such proliferation.
10. Dual-use goods means goods used for civilian purposes that may also be used, wholly or partly, for the development, production or manufacture of weapons of mass destruction or their equipment of delivery.
11. Designated organisations and individuals means organisations and individuals named on lists issued by the United Nations Security Council or lists established by the National Focal Point for Prevention and Combat of Proliferation of Weapons of Mass Destruction of the Socialist Republic of Vietnam (below referred to as the National Focal Point) on account of their involvement in the proliferation of weapons of mass destruction or the financing of such proliferation.
12. Bona fide third parties means agencies, organisations or individuals having lawful rights and interests in property, transactions, goods, materials, equipment, software, technologies or services subject to management, control, freezing, temporary seizure or sealing measures under this Law, that have established or exercised relevant rights or performed relevant obligations in good faith and in accordance with law, without knowing or being reasonably able to know of, and without colluding in, concealing, aiding or facilitating, the proliferation of weapons of mass destruction or the financing of such proliferation.
13. Risk warnings means information, signs, indicators or recommendations provided, exchanged, published or established by competent authorities of the Socialist Republic of Vietnam, competent foreign authorities, international organisations or relevant international cooperation mechanisms for the identification, assessment, prevention, detection, interdiction and handling of risks of proliferation of weapons of mass destruction or the financing of such proliferation.
14. Effective controlling entities means agencies, organisations or individuals that directly or indirectly exercise control over, determine, or are capable of determining activities, transactions, goods, materials, equipment, software, technologies, services, end-users or end-uses associated with risks of proliferation of weapons of mass destruction or the financing of such proliferation.
15. End-users means agencies, organisations or individuals that ultimately receive, manage, operate or use goods, materials, equipment, software, technologies or services subject to control.
16. End-use means the ultimate purpose for which goods, materials, equipment, software, technologies or services subject to control are used, as determined on the basis of declarations and commitments made by end-users and information and documents examined and verified by competent agencies in accordance with law.
17. Beneficiaries means agencies, organisations or individuals that directly or indirectly receive, use or benefit from money, property, goods, materials, equipment, software, technologies, services or transactions associated with the proliferation of weapons of mass destruction or the financing of such proliferation.
18. Account freezing means the immediate application of measures prescribed by law to suspend, in whole or in part, the rights to access, use, transfer or withdraw money or conduct transactions involving money or property held in accounts of designated organisations or individuals, or accounts associated with the proliferation of weapons of mass destruction or the financing of such proliferation, without prior notice to account holders, in order to prevent the dispersal or transfer of assets.
Article 4. Principles of prevention and combat of proliferation of weapons of mass destruction
1. To comply with the Constitution and laws of Vietnam and treaties to which the Socialist Republic of Vietnam is a contracting party; to safeguard national interests, national defence, security, social order and safety, and human life and health; to be placed under unified state management and to promote the responsibilities of agencies, organisations and individuals in preventing and combating the proliferation of weapons of mass destruction.
2. To regard prevention as the primary approach; to proactively detect, provide early warnings of, prevent and promptly handle, risks and acts of proliferation of weapons of mass destruction and the financing of such proliferation; to implement risk assessment-based management and control.
3. To ensure the lawful rights and interests of agencies, organisations and individuals involved in preventing and combating the proliferation of weapons of mass destruction and the financing of such proliferation.
4. Activities to prevent and combat the proliferation of weapons of mass destruction do neither replace state management functions prescribed by specialised laws nor impose management, licensing, declaration, reporting, supervision, inspection or examination procedures that are duplicative of those prescribed by specialised laws.
5. To ensure interdisciplinary coordination and the timely, complete and accurate sharing of information, data and risk warnings for their intended purposes.
6. To ensure a balance between the requirements for preventing and combating the proliferation of weapons of mass destruction and the financing of such proliferation and the promotion of scientific research, technology transfer, digital transformation, innovation and socio-economic development.
7. If acts showing signs of law violations are detected in the course of preventing and combating the proliferation of weapons of mass destruction, their case files shall be immediately forwarded to competent agencies for handling in accordance with law.
Article 5. Policies on prevention and combat of proliferation of weapons of mass destruction
1. To prioritise the allocation of resources and the development of specialised human resources, physical facilities, technical infrastructure, technologies, data and early-warning capabilities for preventing and combating the proliferation of weapons of mass destruction.
2. To encourage agencies, organisations and individuals to research, develop and apply science and technology, promote innovation and digital transformation, and undertake data analysis for risk identification, warning and control in preventing and combating the proliferation of weapons of mass destruction.
3. To support organisations, enterprises, research institutions and training institutions in accessing information, receiving training and compliance guidance, and developing internal compliance programmes on the prevention and combat of proliferation of weapons of mass destruction.
4. To encourage agencies, organisations and individuals to provide and share information and indications relating to weapons of mass destruction for the prevention and combat of their proliferation.
Article 6. Responsibilities of organisations and individuals in preventing and combating the proliferation of weapons of mass destruction
1. To comply with this Law, relevant laws, and requests and decisions of competent agencies concerning the prevention and combat of proliferation of weapons of mass destruction and the financing of such proliferation.
2. To proactively identify, assess and manage risks within the scope of their operations, to implement preventive and control measures appropriate to the nature of their operations and the risks involved.
3. To perform obligations concerning declaration, reporting, provision of information and record retention; to coordinate with competent agencies in preventing, detecting, stopping and handling activities involving the proliferation of weapons of mass destruction and the financing of such proliferation in accordance with law.
4. To ensure the lawful rights and interests of related organisations and individuals; to protect state secrets, business secrets, personal data and other information in accordance with law.
Article 7. Prohibited acts
1. Researching, designing, manufacturing, developing, producing, receiving, possessing, purchasing and selling, exchanging, stockpiling, supplying, transporting, transferring, assigning, exporting, importing or using weapons of mass destruction or their equipment of delivery; carrying out or supporting unlawful activities involving materials, equipment, technologies, dual-use goods and other resources for the development, production, manufacture or use of weapons of mass destruction and their equipment of delivery; and conducting related activities specified in resolutions of the United Nations Security Council.
2. Providing, raising, transferring, managing or using money, property, financial resources, financial services, economic benefits, digital assets or other means of transferring value for the purpose of carrying out or directly or indirectly supporting the proliferation of weapons of mass destruction, or for, or for the benefit of, designated organisations or individuals.
3. Abusing socio-economic activities to directly engage in, conceal, support or facilitate the proliferation of weapons of mass destruction or the financing of such proliferation.
4. Abusing positions, powers or assigned duties in preventing and combating the proliferation of weapons of mass destruction or the financing of such proliferation to infringe upon the lawful rights and interests of agencies, organisations or individuals; obstruct lawful activities of agencies, organisations or individuals; cover up or aid acts of proliferation of weapons of mass destruction or the financing of such proliferation, or improperly handle such acts.
5. Obstructing the provision of information for preventing and combating the proliferation of weapons of mass destruction or the financing of such proliferation; or destroying records, documents or data in order to evade management or control measures prescribed by this Law.
6. Obstructing, resisting, or failing to comply with, decisions on supervision, inspection, examination or the application of management, control or preventive measures prescribed by this Law.
Article 8. International cooperation
1. International cooperation in preventing and combating the proliferation of weapons of mass destruction and the financing of such proliferation shall be carried out on the basis of respect for independence, sovereignty, unity and territorial integrity, non-interference in each other’s internal affairs, equality and mutual benefit, and conformity with the Constitution and laws of Vietnam and treaties to which the Socialist Republic of Vietnam is a contracting party.
2. International cooperation in preventing and combating the proliferation of weapons of mass destruction and the financing of such proliferation covers:
a/ Exchanging and sharing information for preventing, detecting, stopping and handling risks of proliferation of weapons of mass destruction and the financing of such proliferation;
b/ Providing technical assistance, training and further training to develop human resources, build management and control capacity, and develop infrastructure and technical equipment;
c/ Coordinating the control of related goods, materials, equipment, technologies, financial services and transactions;
d/ Coordinating the verification, tracing, freezing, unfreezing and handling of assets and transactions related to designated organisations and individuals;
dd/ Other matters related to the implementation of treaties to which the Socialist Republic of Vietnam is a contracting party and resolutions of the United Nations Security Council.
Chapter II
MEASURES TO PREVENT AND COMBAT THE PROLIFERATION OF WEAPONS OF MASS DESTRUCTION AND THE FINANCING OF SUCH PROLIFERATION
Section 1
SPECIAL MANAGEMENT AND CONTROL MEASURES
Article 9. Special management and control measures
1. Special management and control measures are management and control measures applied under this Law on the basis of risk assessment of activities, goods, materials, equipment, software, technologies, services and transactions that are at risk of being exploited for the proliferation of weapons of mass destruction or the financing of such proliferation.
2. Special management and control measures include:
a/ Management and control based on the Control List;
b/ Management and control of items not on the Control List;
c/ Management and control of end-users and end-uses;
d/ Management and control of the financing of proliferation of weapons of mass destruction;
dd/ Information management and early warning.
Article 10. National risk management in the prevention and combat of proliferation of weapons of mass destruction
1. National risk management in the prevention and combat of proliferation of weapons of mass destruction is the process of identifying, collecting, analysing, assessing, monitoring, updating, supervising and issuing warnings of risks of proliferation of weapons of mass destruction and the financing of such proliferation nationwide, serving as a basis for selecting and applying preventive, control, mitigation and handling measures proportionate to the risks involved.
2. National risk assessments shall be conducted once every 5 years and reviewed and updated annually, or conducted on an unscheduled basis when new risks emerge or when required for the implementation of treaties to which the Socialist Republic of Vietnam is a contracting party or relevant resolutions of the United Nations Security Council.
3. The National Focal Point shall assume the prime responsibility for, and coordinate with related ministries, sectors and localities in, organising national risk assessments and shall, within 30 days after the assessment results are approved, publish, disseminate or share such results with related agencies, organisations and individuals. The publication, dissemination and sharing of assessment results must ensure the protection of state secrets and the lawful rights and interests of agencies, organisations and individuals. In case assessment results are not published or are published only in part, lawful grounds therefor shall be given and responsibility therefor borne in accordance with law.
4. Related agencies, organisations and individuals shall provide and share information, data, risk warnings and risk updates within the scope of their management or operations, and apply preventive and control measures appropriate to the risks involved in accordance with this Law and relevant laws.
5. National risk assessment results serve as a basis for formulating and adjusting policies, plans, control lists, risk management criteria and early-warning mechanisms; identifying entities and activities subject to management and control; applying special control, supervision, inspection and examination measures; improving enforcement capacity; and fulfilling international obligations concerning the prevention and combat of proliferation of weapons of mass destruction.
6. National risk assessment results shall be shared, accessed and jointly used with risk management systems in the fields of customs, tax administration, prevention and combat of money laundering, and other relevant specialised fields.
7. The Government shall specify responsibilities, methodologies, and sources of information and data for national risk assessments; the publication, sharing, access to and use of national risk assessment results, and the accountability of related agencies and organisations.
Article 11. Criteria for assessing national risks of proliferation of weapons of mass destruction and the financing of such proliferation
1. National risk assessment concerning the proliferation of weapons of mass destruction and the financing of such proliferation is the process of identifying, analysing and determining national risks of such proliferation and financing on the basis of analysis and comparison of criteria relating to threats, vulnerabilities and potential consequences.
2. Criteria for assessing threats of proliferation of weapons of mass destruction and the financing of such proliferation include:
a/ Organisations, individuals, countries, territories or other entities that pose a risk of carrying out, supporting, financing, directing, controlling, concealing or facilitating the proliferation of weapons of mass destruction, or of being exploited for such proliferation;
b/ Goods, materials, equipment, software, technologies, services, and activities involving trade, investment, transport, logistics, scientific research, training, technology transfer or other activities that are at risk of being exploited for the proliferation of weapons of mass destruction or the financing of such proliferation;
c/ Trends in scientific and technological development and new methods that may be exploited for the proliferation of weapons of mass destruction or the financing of such proliferation;
d/ Risks arising from countries, territories, transport routes, supply chains, intermediaries, brokers, entrusted parties, representatives, end-users and end-uses associated with risks of proliferation of weapons of mass destruction or the financing of such proliferation;
dd/ Domestic and international warning information; recommendations of international organisations; and information and documents provided by competent agencies and other related agencies.
3. Criteria for assessing vulnerabilities to the proliferation of weapons of mass destruction and the financing of such proliferation include:
a/ Difficulties and shortcomings in the legal system, coordination mechanisms, specialised controls, operational procedures, information and data sharing, and risk warnings;
b/ Capacity of agencies, organisations and individuals to identify, analyse, forecast, monitor, detect, verify, prevent, investigate and handle risks and acts of proliferation of weapons of mass destruction and the financing of such proliferation;
c/ Level of law compliance; effectiveness of internal compliance programmes and mechanisms for risk identification, assessment and control, record retention and reporting; and effectiveness of end-user and end-use controls implemented by agencies, organisations and individuals;
d/ Extent of dependence on technologies, transport routes, supply chains, digital infrastructure, technological platforms, or countries and territories associated with risks of proliferation of weapons of mass destruction or the financing of such proliferation.
4. Criteria for assessing the potential consequences of proliferation of weapons of mass destruction and the financing of such proliferation include:
a/ Impacts on sovereignty, national interests, national defence, security, foreign relations and the fulfilment of international obligations of the Socialist Republic of Vietnam;
b/ Impacts on human life and health, the environment, essential infrastructure, public safety and social stability;
c/ Damage to the economy, trade, investment, science and technology, national reputation, and lawful activities of agencies, organisations and individuals.
Article 12. Control List
1. The Control List prescribed by this Law is a list of dual-use goods and services that are at risk of being exploited for the proliferation of weapons of mass destruction or the proliferation financing. This list shall be formulated on the basis of national risk assessment results and data integrated, standardised, updated and referenced from relevant specialised control lists falling under the management of ministries and sectors in accordance with law.
2. The Control List does not replace specialised control lists issued or published by ministries and sectors, nor does it give rise to additional business investment conditions, licences, approvals, certifications, or duplicative declaration, reporting, supervision, examination or inspection procedures. The management, licensing, approval, certification, customs clearance, supervision, examination and inspection of dual-use goods and services on the Control List must comply with specialised laws.
3. The Control List shall be used for identifying and assessing risks, issuing warnings, sharing information and data, and applying special management and control measures prescribed by this Law to dual-use goods and services on the Control List.
4. Dual-use goods and services shall be managed in accordance with specialised laws. In case a warning is issued of risks of proliferation of weapons of mass destruction or the proliferation financing, while information available under specialised laws is insufficient for risk assessment, competent agencies shall request additional information, documents and data directly serving the prevention and combat of such proliferation and proliferation financing.
Based on risk assessment results, if dual-use goods or services are found to pose risks of proliferation of weapons of mass destruction or the financing of such proliferation, management and control measures prescribed by this Law shall be applied.
5. The Control List shall be reviewed and updated annually or at the request of the National Focal Point; when there are changes to treaties to which the Socialist Republic of Vietnam is a contracting party or relevant resolutions of the United Nations Security Council; when specialised laws are amended; or when new risks emerge or urgent requirements arise concerning national defence, security or foreign relations.
6. The Control List shall be published on the Portal of the National Focal Point and connected and shared with related agencies.
7. The Government shall issue the Control List and specify the order and procedures for its formulation, review, updating, publication, access and use.
Article 13. Activities subject to management and control
Activities subject to management and control when involving dual-use goods or services on the Control List include:
1. Export, import, temporary import, re-export, transit, transhipment and transloading of goods, materials, equipment, software and technologies;
2. Research, development, transfer, production, manufacture, storage, use, transport and destruction of goods, materials, equipment, software and technologies;
3. Research, development, transfer and provision of technical services, technical assistance, training, technical consultancy, and other related services;
4. Brokerage, representation, entrusted activities, trade promotion or other intermediary activities involving goods, materials, equipment, software, technologies and services subject to management and control.
Article 14. Management and control measures for dual-use goods and services on the Control List
1. Management and control measures include:
a/ Issuing licences, giving approvals, issuing certifications or applying specialised management measures in accordance with law;
b/ Requiring declarations, reports and the provision of information, documents and data for assessing risks of proliferation of weapons of mass destruction or the financing of such proliferation;
c/ Verifying end-users, end-uses, beneficiaries, beneficial owners, effective controlling entities, transport routes, supply chains and other information serving management and control;
d/ Storing records, documents and data relating to activities subject to management and control;
dd/ Conducting examination, supervision, warning, monitoring and post-licensing inspection of activities subject to management and control;
e/ Suspending activities in case there are signs of risks requiring verification of end-users, end-uses, beneficiaries, beneficial owners, effective controlling entities, transport routes or supply chains;
g/ Terminating activities in case there are grounds to believe that such activities are directly related to designated organisations or individuals, serve or support the proliferation of weapons of mass destruction or the financing of such proliferation, or in case termination is required for the implementation of treaties to which the Socialist Republic of Vietnam is a contracting party or relevant resolutions of the United Nations Security Council, or to meet urgent requirements concerning national defence, security or foreign relations in accordance with law.
2. Decisions on suspension or termination of activities shall be made in writing, clearly specifying the grounds, subjects, scope, duration, implementation responsibilities, and rights of affected agencies, organisations and individuals to lodge complaints or initiate lawsuits.
3. The duration of suspension of activities referred to in Point e, Clause 1 of this Article must not exceed 15 days. For complicated cases requiring further verification, such duration may be extended once for no more than 15 days, with the reasons for extension clearly stated in writing. Upon expiry of the suspension duration or when the grounds for application no longer exist, the suspension measure shall be immediately terminated. In case unlawful application of such measure causes damage, compensation shall be paid in accordance with law.
4. The Government shall specify the order, procedures and competence for applying measures to suspend or terminate activities as specified in Points e and g, Clause 1 of this Article.
Article 15. Management and control measures for goods and services not on the Control List
1. Management and control of goods and services not on the Control List shall apply to the activities specified in Article 13 of this Law in case any of the grounds specified in Clause 2 of this Article exists.
2. Management and control measures for goods and services not on the Control List shall be applied in case any of the following grounds exists:
a/ There is information, documentation or data indicating that an end-user, a beneficiary, a beneficial owner or an effective controlling entity is associated with a designated organisation or individual, or with the proliferation of weapons of mass destruction or the financing of such proliferation;
b/ The end-user or end-use cannot be clearly identified; records, documents or data show signs of concealment, false declaration or unusual changes, or cannot be substantiated as required by a competent agency;
c/ An organisation or individual carrying out the activities specified in Article 13 of this Law knows or has grounds to believe that goods, materials, equipment, software, technologies or services may be used, wholly or partly, for the proliferation of weapons of mass destruction or the financing of such proliferation;
d/ There are warnings issued by competent domestic agencies or international warnings directly related to the activities specified in Article 13 of this Law, end-users or end-uses, or in case control is required under treaties to which the Socialist Republic of Vietnam is a contracting party or for the implementation of relevant resolutions of the United Nations Security Council.
3. Control measures for goods and services not on the Control List include:
a/ Requiring the provision or supplementation of information, documents and data, and explanations concerning end-users, end-uses, beneficiaries, beneficial owners and effective controlling entities;
b/ Verifying end-users, end-uses, beneficiaries, beneficial owners and effective controlling entities;
c/ Storing relevant records, documents and data;
d/ Monitoring, examining and supervising end-users, end-uses, beneficiaries, beneficial owners and effective controlling entities;
dd/ Suspending activities for verification in case there are specific indications of risks concerning end-users or end-uses but there are insufficient grounds for terminating such activities;
e/ Terminating activities in case there are grounds to believe that end-users or end-uses are directly associated with designated organisations or individuals.
4. Decisions on the application of management and control measures for goods and services not on the Control List shall be made in writing, clearly specifying the grounds, subjects, scope, measures, duration and implementation responsibilities, and shall be notified to related agencies, organisations and individuals for implementation.
5. The duration of suspension of activities specified in Point dd, Clause 3 of this Article must not exceed 15 days. For complicated cases, such duration may be extended once for no more than 15 days, with the reasons for extension clearly stated in writing. Upon expiry of the suspension duration or when the grounds for application no longer exist, the suspension measure shall be immediately terminated and lawful rights and interests restored. In case unlawful application of such measure causes damage, compensation shall be paid in accordance with law.
6. The Government shall provide in detail the order, procedures and competence for applying control measures for goods and services not on the Control List as specified in Clause 3 of this Article.
Article 16. Control of end-users and end-uses
1. Organisations and individuals carrying out activities subject to management and control shall truthfully, fully and promptly provide information and documents concerning end-users, end-uses, beneficiaries, transport routes and supply chains and other information and documents as requested by competent agencies.
2. Competent agencies may require related organisations and individuals to provide or supplement information and documents, or give explanations concerning end-users and end-uses, in respect of activities subject to management and control or in case risk warnings have been issued. Before requesting the provision or supplementation of information and documents, competent agencies shall review and make use of information, documents and data available in case files and specialised databases. Organisations and individuals may only be required to provide or supplement information, documents and data in case existing information is insufficient to identify, assess, verify or handle risks of proliferation of weapons of mass destruction or the financing of such proliferation.
3. Criteria for controlling end-users and end-uses:
a/ The end-user is associated with designated organisations or individuals, warning lists, or countries or territories posing high risks of proliferation of weapons of mass destruction or the financing of such proliferation;
b/ The end-use is inconsistent with the needs, functions, fields of operation, or information and documents provided by related organisations or individuals;
c/ Dual-use goods or services possess technical characteristics, functions or potential applications for the research, development, production, manufacture, operation, maintenance or use of weapons of mass destruction or their equipment of delivery;
d/ Transport routes, supply chains, intermediaries, brokers, entrusted parties, representatives or transactions show unusual signs or are intended to conceal end-users or end-uses;
dd/ Records, information, documents or data are inconsistent or incomplete, show signs of concealment, falsification or unusual changes, or organisations or individuals refuse to provide information or documents as requested by competent agencies;
e/ There are warnings, recommendations or information exchanged by competent Vietnamese agencies, competent foreign authorities or international organisations, or requirements arising from the implementation of treaties to which the Socialist Republic of Vietnam is a contracting party or relevant resolutions of the United Nations Security Council.
4. Measures for controlling end-users and end-uses include:
a/ Requiring the provision or supplementation of, or explanations concerning, relevant records, information, documents and data;
b/ Cross-checking and verifying information concerning end-users, end-uses, beneficiaries, beneficial owners, effective controlling entities, transport routes and supply chains;
c/ Requiring agencies, organisations and individuals to make commitments concerning end-users and end-uses;
d/ Applying appropriate warning, monitoring and examination measures;
dd/ Applying other management and control measures in accordance with this Law and relevant laws.
5. Control of end-users and end-uses shall be based on risk assessments and may not give rise to obligations identical to those prescribed by specialised laws. The application of control measures for end-users and end-uses specified in Clause 4 of this Article shall be made in writing, clearly stating the grounds, subjects, scope, measures, duration, implementation responsibilities, and rights of organisations and individuals to lodge complaints or initiate lawsuits.
6. The Government shall specify the order, procedures and competence for applying control measures for end-users and end-uses as specified in Clause 4 of this Article.
Article 17. Preventive and emergency response measures
1. Preventive and emergency response measures shall be immediately applied upon detection of acts of proliferation of weapons of mass destruction or the financing of such proliferation in order to prevent harms to national defence, security or foreign relations, or for the fulfilment of international obligations of the Socialist Republic of Vietnam.
2. Preventive and emergency response measures shall be applied in case any of the following grounds exists:
a/ Activities, transactions, goods, materials, equipment, software, technologies, services, money, property or vehicles are directly related to designated organisations or individuals;
b/ There are grounds to believe that activities, transactions, goods, materials, equipment, software, technologies, services, money, property or vehicles are being or are about to be used to carry out or support the proliferation of weapons of mass destruction or the financing of such proliferation;
c/ There is a risk of dispersal, transfer, destruction or concealment of goods, documents, data, money, property, vehicles or evidence related to risks of proliferation of weapons of mass destruction or the financing of such proliferation;
d/ There are signs of concealment of end-users, end-uses, beneficiaries, beneficial owners, effective controlling entities, transport routes, supply chains or the origin of money or property for the purpose of evading management and control measures;
dd/ There are warnings, requests for coordination or requests for urgent action from competent Vietnamese agencies; requirements arising from the implementation of treaties to which the Socialist Republic of Vietnam is a contracting party or relevant resolutions of the United Nations Security Council; or requests from competent foreign authorities or international organisations concerning the prevention and combat of proliferation of weapons of mass destruction.
3. Preventive and emergency response measures include:
a/ Suspending activities or delaying transactions directly related to designated organisations or individuals;
b/ Freezing related assets and accounts in accordance with law;
c/ Temporarily seizing persons, property, goods, materials, equipment, software, data, documents or vehicles in accordance with law;
d/ Applying other necessary measures in accordance with law.
4. Decisions on the application of preventive and emergency response measures shall be made in writing, clearly specifying the grounds, subjects, scope, duration, implementation responsibilities, and rights of affected organisations and individuals to provide explanations, lodge complaints or initiate lawsuits.
5. The duration of application of preventive and emergency response measures referred to in Points a, c and d, Clause 3 of this Article must not exceed 24 hours from the time such measures are applied. When the grounds for application no longer exist, the preventive and emergency response measures shall be immediately terminated.
The duration of application of measures referred to in Point b, Clause 3 of this Article to organisations and individuals on lists of the United Nations Security Council shall last until a decision on delisting or unfreezing is issued by a competent agency. For organisations and individuals on lists established by competent Vietnamese agencies, the duration of application shall be clearly specified in decisions of competent agencies and reviewed at least once every 6 months. In case the grounds for application no longer exist, the freezing measures shall be lifted.
6. Competent agencies applying preventive and emergency response measures shall conduct immediate reviews within the period of application. In case the grounds for application no longer exist, competent agencies shall terminate the measures and restore the lawful rights and interests of affected organisations and individuals. In case unlawful application of such measures causes damage, compensation shall be paid in accordance with law.
7. The Government shall specify the order, procedures, competence and coordination mechanisms for implementing the preventive and emergency response measures specified in Clause 3 of this Article.
Article 18. Internal compliance programmes of organisations and enterprises
1. An internal compliance programme is a system of procedures and measures established and implemented by an organisation or enterprise carrying out activities subject to management and control, appropriate to its size, nature of operations and risks, in order to ensure compliance with this Law and relevant laws, and to identify, prevent, control and handle risks and violations relating to the proliferation of weapons of mass destruction and the financing of such proliferation. An internal compliance programme covers:
a/ Risk identification, assessment and management;
b/ Control of end-users and end-uses;
c/ Information management and record retention;
d/ Training, examination, evaluation and updating of the programme;
dd/ Mechanisms for detecting, reporting and handling internal violations.
2. An internal compliance programme may be formulated independently or integrated into existing governance and internal control systems. The formulation and implementation of an internal compliance programme constitute a criterion for assessing the compliance level of an organisation or enterprise and considering the application of the priority regime specified in Article 19 of this Law.
Article 19. Assessment, recognition and application of the priority regime to compliant organisations and enterprises
1. Organisations and enterprises having internal compliance programmes may be assessed, recognised and considered for application of the priority regime if they satisfy the following conditions:
a/ Effectively implementing internal compliance programmes as specified in Clause 1, Article 18 of this Law;
b/ Properly complying with policies and laws;
c/ Fulfilling obligations concerning reporting, record retention, provision of information and coordination in verification activities at the request of competent agencies.
2. Organisations and enterprises satisfying the conditions specified in Clause 1 of this Article may enjoy one or more of the following priority regimes:
a/ Reduced frequency and scope of examination and supervision, and increased application of risk-based post-licensing inspection;
b/ Simplified requirements for declaration, reporting and provision of information and documents; and access to and use of information and data available in information systems and databases of competent state agencies in accordance with law;
c/ Priority in the time limits for processing dossiers and procedures subject to management and control.
3. Organisations and enterprises enjoying the priority regime shall satisfy the conditions specified in Clause 1 of this Article; provide truthful, complete and timely information; and submit to examination, supervision and post-licensing inspection in accordance with law. In case they no longer satisfy the statutory conditions or violate this Law, the priority regime shall be suspended, terminated or cancelled.
4. The Government shall provide in detail the order, procedures and competence for assessing, recognising and applying the priority regime to organisations and enterprises referred to in this Article.
Section 2
MANAGEMENT AND CONTROL OF THE FINANCING OF PROLIFERATION OF WEAPONS OF MASS DESTRUCTION
Article 20. Control of the financing of proliferation of weapons of mass destruction
1. Control of the financing of proliferation of weapons of mass destruction shall be carried out through identification, assessment, supervision, detection, reporting, delay of transactions, freezing of accounts, sealing, freezing or temporary seizure of money and property, and application of other measures prescribed by this Law and relevant laws for money, property, financial services, economic benefits, digital assets or other means of transferring value that are at risk of being used to carry out, support or finance the proliferation of weapons of mass destruction.
2. Financial institutions and organisations and individuals conducting relevant non-financial business lines shall fulfil their obligations to prevent and combat the financing of proliferation of weapons of mass destruction as specified in Article 26 of this Law. Obligations concerning customer due diligence, identification of beneficial owners, formulation of internal regulations, reporting, and provision and storage of information shall be performed in accordance with the law on prevention and combat of money laundering.
3. In case there are grounds to suspect or detect transactions or acts showing signs of financing the proliferation of weapons of mass destruction, organisations and individuals shall immediately report them to competent agencies; delay transactions and freeze money and property as prescribed by law; and coordinate in examination, verification and handling activities in accordance with law.
Article 21. National risk assessment concerning the financing of proliferation of weapons of mass destruction
1. National risk assessment concerning the financing of proliferation of weapons of mass destruction shall be conducted on the basis of the criteria for assessing national risks of proliferation of weapons of mass destruction and the financing of such proliferation specified in Article 11 of this Law and the results of national risk assessments concerning the prevention and combat of money laundering. The results of national risk assessments concerning the financing of proliferation of weapons of mass destruction shall be integrated into the national risk assessment cycle for the prevention and combat of proliferation of weapons of mass destruction specified in Article 10 of this Law.
2. The national risk assessment cycle concerning the financing of proliferation of weapons of mass destruction is specified in Clause 2, Article 10 of this Law.
3. National risk assessment results concerning the financing of proliferation of weapons of mass destruction serve as a basis for formulating, adjusting and updating policies and measures for controlling such financing; applying risk-based management measures and identifying suspicious transactions; guiding related organisations and individuals in fulfilling their risk assessment and control obligations; and promoting information sharing, interdisciplinary coordination and international cooperation.
4. The Government shall specify responsibilities, methodologies, and sources of information and data for national risk assessments concerning the financing of proliferation of weapons of mass destruction; the publication, sharing, access to and use of national risk assessment results; and the accountability of related agencies and organisations.
Article 22. Suspicious transactions relating to the financing of proliferation of weapons of mass destruction
1. Reporting entities shall immediately report suspicious transactions to the State Bank of Vietnam in case there are reasonable grounds to suspect that such transactions are related to the financing of proliferation of weapons of mass destruction.
Reasonable grounds for suspecting that a transaction is related to the financing of proliferation of weapons of mass destruction shall be established through the examination, collection and analysis of information in case a customer exhibits one or more of the suspicious signs prescribed in Clause 4 of this Article or other signs identified by the reporting entity.
2. The State Bank of Vietnam shall receive and process information and data on suspicious transactions related to the financing of proliferation of weapons of mass destruction, and promptly transfer and exchange relevant information and data to/with the National Focal Point and competent state agencies for verification and handling in accordance with law.
3. The reporting of suspicious transactions referred to in Clause 1 of this Article shall be made regardless of the value of the transactions or whether they have been completed.
4. Suspicious transaction signs shall be identified on the basis of one or more of the following groups of signs:
a/ Customers, beneficiaries, representatives, controllers or related persons are on the Lists of designated organisations and individuals or warning lists, or show signs of concealing or falsifying their identities;
b/ Transactions are inconsistent with customer profiles, economic purposes, fields of operation, financial capacity or transaction histories;
c/ Transactions involve countries, territories, transport routes, partners, goods, technologies or services posing high risks of proliferation of weapons of mass destruction or the financing of such proliferation;
d/ Transactions show signs of being split into smaller transactions, routed through multiple intermediaries, or conducted through complex ownership, payment or beneficiary structures in order to conceal their origin, purpose or ultimate beneficiaries;
dd/ Transactions involving trade finance, guarantee, letter of credit, international payment, insurance, transport or logistics contain inconsistent information concerning goods, transport routes, end-users, end-uses or beneficiaries;
e/ Transactions involve the use of digital assets, electronic payment instruments, ownership structures, intermediaries, entrusted parties or representatives to conceal the origin of assets, beneficiaries, beneficial owners or effective controlling entities.
5. Based on the requirements for preventing and combating the financing of proliferation of weapons of mass destruction in each period, the National Focal Point shall submit to the Government for supplementation suspicious signs other than those referred to in Clause 4 of this Article.
6. Time limits and reporting regimes for suspicious transactions must comply with the law on prevention and combat of money laundering.
Article 23. Lists of designated organisations and individuals involved in the proliferation of weapons of mass destruction or the financing of such proliferation
1. The Lists of designated organisations and individuals involved in the proliferation of weapons of mass destruction or the financing of such proliferation comprise the list issued by the United Nations Security Council or its competent bodies and the list established by the National Focal Point in accordance with this Law.
2. An organisation or individual shall be included in the List of designated organisations and individuals in any of the following cases:
a/ Being named on a list issued by the United Nations Security Council or its competent bodies;
b/ There are grounds indicating that the organisation or individual has carried out, supported, financed, directed, controlled, concealed or facilitated activities involving the proliferation of weapons of mass destruction or the financing of such proliferation;
c/ Acting on behalf of, under the direction, management or control of, or for the benefit of, an organisation or individual specified in Point a or b of this Clause.
3. Grounds for removing an organisation or individual from the List of designated organisations and individuals:
a/ The United Nations Security Council or its competent bodies has/have removed the organisation or individual from the List of designated organisations and individuals;
b/ The grounds specified in Point b, Clause 2 of this Article no longer exist;
c/ There has been a case of mistaken identity;
d/ The organisation has ceased operation or the individual has died.
4. The Lists of designated organisations and individuals shall be updated and notified for immediate implementation without delay. In case of necessity for the protection of state secrets, national defence, security or foreign relations, or at the request of competent agencies, the scope and methods of publication and notification must comply with the Government’s regulations.
5. The inclusion of organisations and individuals in, or their removal from, the Lists of designated organisations and individuals shall be effected by written decisions of competent agencies.
6. The Lists of designated organisations and individuals shall be reviewed periodically or on an unscheduled basis. Designated organisations and individuals have the right to submit petitions, lodge complaints or initiate lawsuits. The lawful rights and interests of bona fide third parties shall be protected in accordance with this Law and relevant laws.
7. The Government shall detail this Article.
Article 24. Delay of transactions and freezing of accounts, and sealing, freezing or temporary seizure of assets
1. Assets related to the proliferation of weapons of mass destruction or the proliferation financing include:
a/ Assets wholly or partly owned, possessed, used, disposed of or controlled, directly or indirectly, by organisations or individuals on the Lists of designated organisations and individuals;
b/ Assets derived from assets wholly or partly owned, possessed, used, disposed of or controlled, directly or indirectly, by organisations or individuals on the Lists of designated organisations and individuals;
c/ Assets owned, possessed, used, disposed of or controlled by organisations or individuals authorised to act on behalf of, or subject to the management, direction or control of, organisations or individuals on the Lists of designated organisations and individuals;
d/ Assets used or intended to be used for the proliferation of weapons of mass destruction or the proliferation financing; and assets obtained from acts of proliferation of weapons of mass destruction or the financing of such proliferation, acts of misappropriation or other violations of law.
2. Delay of transactions and freezing of accounts, and sealing, freezing or temporary seizure of assets shall apply to assets directly or indirectly owned, managed or controlled by designated organisations or individuals; assets derived therefrom; assets of organisations or individuals acting on behalf of, under the direction of, or for the benefit of, designated organisations or individuals; and assets used or intended to be used for the proliferation of weapons of mass destruction or the financing of such proliferation.
3. Delay of transactions, freezing of accounts, and sealing, freezing or temporary seizure of assets will not result in the transfer of ownership of assets or the loss of lawful rights and interests of owners, managers or bona fide third parties, except to the extent that such rights are restricted under decisions or notices of competent agencies.
4. Grounds for applying transaction delay measures:
a/ There is a match in identity or there are reasonable grounds to suspect that parties to a transaction are associated with organisations or individuals on the List of designated organisations and individuals;
b/ Such measures are required for the implementation of resolutions of the United Nations Security Council or treaties to which the Socialist Republic of Vietnam is a contracting party;
c/ Such measures are requested by the National Focal Point.
5. Organisations and individuals shall promptly apply transaction delay measures in the cases specified in Clause 4 of this Article and immediately report thereon to competent agencies in accordance with the law on prevention and combat of money laundering and relevant laws within 24 hours from the time such measures are applied. The duration of application of transaction delay measures must comply with the law on prevention and combat of money laundering.
6. Agencies receiving reports under Clause 5 of this Article shall examine and verify reports submitted by organisations and individuals concerning transaction delays and notify thereof to such organisations and individuals for the latter to immediately terminate such delays or continue implementing appropriate measures under Clause 7 of this Article. The time limit for response for agencies receiving reports from organisations and individuals is 48 hours from the time of receipt of such reports.
7. The freezing of accounts and the sealing, freezing or temporary seizure of assets shall be carried out under decisions of competent state agencies. Related organisations and individuals shall comply with competent state agencies’ decisions on the freezing of accounts and the sealing, freezing or temporary seizure of assets of organisations and individuals in accordance with law.
8. The freezing of accounts and the sealing, freezing or temporary seizure of assets shall be carried out promptly and on proper grounds, within the statutory scope and in respect of the appropriate subjects. Decisions or notices on the application of such measures must clearly specify the subjects, assets and transactions concerned, effective time, duration of application, implementation responsibilities, and mechanisms for review, complaints and lawsuits. For organisations and individuals on lists of the United Nations Security Council, such measures shall remain in force until a decision on delisting or unfreezing is issued by a competent agency. For organisations and individuals on lists established by competent Vietnamese agencies, the duration of application must comply with the designation decisions but shall be reviewed at least once every 6 months. In case the grounds for application no longer exist, the measures shall be lifted under Clause 9 of this Article.
9. The full or partial unfreezing of frozen assets or accounts, removal of seals from assets, or return of temporarily seized assets may only be carried out in any of the following cases:
a/ The grounds for applying the sealing, freezing or temporary seizure measures under this Law no longer exist;
b/ There has been a case of mistaken identity;
c/ The assets are not directly or indirectly owned, managed or controlled by designated organisations or individuals;
d/ It is necessary to protect the lawful rights and interests of bona fide third parties;
dd/ The assets are permitted to be used for essential, medical, educational, legal or humanitarian needs in accordance with this Law, relevant laws, treaties to which the Socialist Republic of Vietnam is a contracting party, or relevant resolutions of the United Nations Security Council.
Article 25. Rights of designated organisations and individuals, bona fide third parties, and persons having related lawful rights and interests
1. Designated organisations and individuals have the right to be notified of their designation and the measures applied to them, unless such notification would affect national defence, security, foreign relations or state secrets.
2. Designated organisations and individuals have the right to submit petitions, lodge complaints, initiate lawsuits, and request the amendment or cancellation of designation decisions or the application of preventive and emergency response measures in accordance with law.
3. Designated organisations and individuals, or parties having related lawful rights and interests, have the right to request the partial unfreezing of accounts or assets to meet essential, medical, educational, legal or humanitarian needs or fulfil other lawful obligations in accordance with this Law, relevant laws, treaties to which the Socialist Republic of Vietnam is a contracting party, and relevant resolutions of the United Nations Security Council.
4. Bona fide third parties and persons having lawful rights and interests related to frozen accounts, sealed, frozen or temporarily seized assets, or delayed transactions have the right to request competent agencies to review and fully or partially release such accounts, assets or transactions, and to claim compensation for damage in case the measures have been unlawfully applied.
5. Competent agencies shall receive, consider and respond to petitions and requests for review, unfreezing, sealing, freezing or temporary seizure within 15 days after receiving complete and valid dossiers and documents. For complicated cases, this time limit may be extended once, provided that the total period for settlement does not exceed 30 days, and the requester shall be notified thereof in writing. In case a request is rejected, a written reply clearly stating the reason shall be made.
6. The Government shall provide in detail the order and procedures for submitting petitions, reviewing and unfreezing assets, and protecting the lawful rights and interests of designated organisations and individuals, persons having related rights and interests, and bona fide third parties.
Article 26. Responsibilities of financial institutions and related organisations and individuals
1. Financial institutions and organisations and individuals conducting relevant non-financial business lines shall fulfil their obligations to prevent and combat the financing of proliferation of weapons of mass destruction in accordance with this Law, the law on prevention and combat of money laundering, and relevant laws,
including:
a/ Conducting customer due diligence; collecting, updating and verifying customer identification information; conducting risk assessment and classifying customers based on risk levels; monitoring transactions; formulating internal regulations; and reporting, providing and retaining information, records and documents concerning the prevention and combat of financing of proliferation of weapons of mass destruction;
b/ Regularly reviewing and screening customers, beneficiaries, beneficial owners, representatives, authorised persons, transactions and assets against the Lists of designated organisations and individuals and relevant risk warning information;
c/ Freezing accounts without delay and concurrently notifying competent agencies thereof within 24 hours from the time of freezing, and notifying organisations and individuals with related rights and interests in accordance with law;
d/ Refraining from providing money, property or financial services to or for the benefit of designated organisations or individuals;
dd/ Delaying or refusing transactions or terminating customer relationships in case there are grounds for doing so under this Law, the law on prevention and combat of money laundering, and relevant laws;
e/ Reviewing, updating and assessing risks associated with new products and services, existing products and services employing new technologies, new payment methods, digital assets or other means of transferring value that are at risk of being exploited for the financing of proliferation of weapons of mass destruction;
g/ Formulating training programmes on the prevention and combat of financing of proliferation of weapons of mass destruction and regularly updating the Lists of designated organisations and individuals.
2. Financial institutions and organisations and individuals conducting relevant non-financial business lines shall not be held legally liable for damage arising from their full and proper compliance with decisions, notices or requests of competent agencies, or from their proper fulfilment of obligations concerning account freezing, transaction delay, asset freezing or transaction refusal in accordance with this Law and relevant laws.
Section 3
INFORMATION, DATA AND EARLY WARNING
Article 27. Sharing of information and data
1. State agencies and related organisations and individuals shall, within the ambit of their functions, tasks, powers or compliance obligations, share, exchange, provide, update, access and use information and data relating to the prevention and combat of proliferation of weapons of mass destruction in a timely, complete and accurate manner, within their competence, for proper purposes and in accordance with law.
2. Information and data to be shared include:
a/ Information on organisations and individuals involved in the proliferation of weapons of mass destruction or the financing of such proliferation;
b/ Financial transactions, cash flows and assets related to the proliferation of weapons of mass destruction or the financing of such proliferation;
c/ Goods, materials, equipment, software, technologies and services subject to control;
d/ The Lists of designated organisations and individuals, the Control List, and information on licensing, declaration, supervision, examination, inspection, and handling of violations;
dd/ Warnings issued by international organisations, foreign agencies and domestic agencies;
e/ Other information and data serving risk management and warning activities.
3. The sharing, exchange, provision, updating, access to and use of information and data must clearly specify the scope, subjects, purposes and access authority, and ensure the protection of state secrets, business secrets, personal data, and information and documents subject to restricted access in accordance with law.
Article 28. National database on prevention and combat of proliferation of weapons of mass destruction
1. The national database on prevention and combat of proliferation of weapons of mass destruction is a specialised database serving the state management of the prevention and combat of proliferation of weapons of mass destruction and the financing of such proliferation. This database shall be established, managed, connected, shared, accessed and used in accordance with this Law and relevant laws.
2. The national database on prevention and combat of proliferation of weapons of mass destruction comprises the following information and data:
a/ Lists of designated organisations and individuals;
b/ The Control List referred to in Article 12 of this Law;
c/ Information on licensing, declaration, and control of export, import, transit, transhipment, transloading and transfer showing signs of involvement in the proliferation of weapons of mass destruction or activities to prevent and combat the proliferation;
d/ Financial transactions and assets showing signs of involvement in the proliferation of weapons of mass destruction or activities to prevent and combat the proliferation;
dd/ Results of supervision, examination, inspection, and handling of violations;
e/ Other data serving the prevention and combat of proliferation of weapons of mass destruction.
3. The national database on prevention and combat of proliferation of weapons of mass destruction shall be connected and shared with relevant specialised databases and other national databases in accordance with law.
4. The Government shall provide the establishment, management, operation, updating, connection, access and use of the national database on prevention and combat of proliferation of weapons of mass destruction; the assurance of safety and security of its information systems and database; and the assignment of responsibilities to agencies assuming the prime responsibility for, and agencies coordinating in, its implementation.
Article 29. Early warning of risks of proliferation of weapons of mass destruction and the financing of such proliferation
1. Early warnings of proliferation of weapons of mass destruction and the financing of such proliferation shall be issued when information on risks of proliferation or proliferation financing becomes available.
2. Early warnings cover:
a/ Entities, goods, materials, equipment, software, technologies, services, activities, transactions, money, assets, financial resources, transport routes and supply chains showing signs of risks;
b/ Methods, tricks, unusual signs, and signs of concealment of end-users or end-uses or evasion of United Nations sanctions;
c/ Proliferation threats, vulnerabilities and potential consequences.
3. Early warnings may be issued in one or more of the following forms:
a/ Written warnings issued by competent agencies;
b/ Electronic notices or notifications through databases, information systems, specialised warning systems or portals designated by competent agencies;
c/ Direct notifications or emergency notices in case immediate action is required to address direct and imminent risks;
d/ Other appropriate forms prescribed by law.
4. The National Focal Point shall assume the prime responsibility for collecting, synthesising, analysing, assessing and verifying information; issuing, updating, modifying and withdrawing early warnings; and guiding, urging and examining the receipt, handling of and responses to warnings in accordance with law.
5. Ministries, sectors, localities and related agencies and organisations shall receive, handle and respond to warnings, coordinate in verification activities, and apply appropriate management and control measures.
Chapter III
STATE MANAGEMENT AND ASSURANCE OF CONDITIONS FOR IMPLEMENTATION
Article 30. State management of prevention and combat of proliferation of weapons of mass destruction
1. The Government shall perform the unified state management of the prevention and combat of proliferation of weapons of mass destruction.
2. The Ministry of National Defence shall assume the prime responsibility for assisting the Government in performing the state management of the prevention and combat of proliferation of weapons of mass destruction, except matters concerning the implementation of treaties assigned to line ministries in accordance with law.
3. State management of the prevention and combat of proliferation of weapons of mass destruction covers:
a/ Promulgating or submitting to competent agencies for promulgation, and organising the implementation of, legal documents, strategies, programmes and plans on the prevention and combat of proliferation of weapons of mass destruction;
b/ Organising assessment, management and updating of national risk assessments; formulating, reviewing and updating the Control List, risk management criteria and risk-based management and control measures;
c/ Organising the implementation of management and control measures for activities subject to management and control under the Control List; management and control of items not on the Control List; control of end-users and end-uses; and preventive and emergency response measures;
d/ Organising the management and control of the financing of proliferation of weapons of mass destruction, the Lists of designated organisations and individuals, and the freezing of money and assets, and protecting the lawful rights and interests of bona fide third parties in accordance with this Law and relevant laws;
dd/ Establishing, managing, operating and accessing the national database on prevention and combat of proliferation of weapons of mass destruction; establishing early-warning mechanisms, mechanisms for information and data sharing, and interdisciplinary coordination mechanisms for preventing and combating the proliferation of weapons of mass destruction;
e/ Conducting legal communication, dissemination and education; providing compliance guidance and support; training, further training and developing human resources; and conducting scientific and technological research and application and digital transformation to serve the prevention and combat of proliferation of weapons of mass destruction;
g/ Organising supervision, examination and inspection, and evaluating implementation effectiveness; settling complaints and denunciations; and detecting, preventing and handling violations in accordance with law;
h/ Implementing regimes for information provision, reporting, statistics, preliminary and final reviews, and assessment of the situation and results of the prevention and combat of proliferation of weapons of mass destruction;
i/ Conducting international cooperation in the prevention and combat of proliferation of weapons of mass destruction;
k/ Ensuring funding, physical facilities, equipment, technical infrastructure, databases and other resources for the implementation of this Law.
4. The Government shall provide in detail coordination mechanisms, assignment and decentralisation of powers and management responsibilities; inspection and examination activities; and regimes for information provision, reporting and data sharing in organising the prevention and combat of proliferation of weapons of mass destruction.
Article 31. National Focal Point
1. The National Focal Point is the Ministry of National Defence, which shall advise and assist the Government in directing, coordinating, urging, monitoring, reviewing the situation, and guiding the organisation of implementation and application of measures to prevent and combat the proliferation of weapons of mass destruction.
2. The Government shall provide in detail the tasks, powers, operational mechanisms and conditions for ensuring the operation of the National Focal Point.
Article 32. Forces for prevention and combat of proliferation of weapons of mass destruction
1. Forces for prevention and combat of the proliferation of weapons of mass destruction comprise core forces and broad-based forces.
2. Core forces include:
a/ Specialised forces for preventing and combating the proliferation of weapons of mass destruction under the Ministry of National Defence and the Ministry of Public Security;
b/ Forces assigned to perform tasks of preventing and combating the proliferation of weapons of mass destruction under ministries, central sectors, ministerial-level agencies and local authorities.
3. Broad-based forces comprise the entire population participating in the prevention and combat of proliferation of weapons of mass destruction.
4. Core forces shall receive professional training and coaching and participate in drills under the Government’s regulations.
Article 33. Resources for prevention and combat of proliferation of weapons of mass destruction
1. Financial resources for preventing and combating the proliferation of weapons of mass destruction include:
a/ The state budget;
b/ Donations and voluntary contributions from domestic and foreign organisations and individuals;
c/ Other financial resources specified by law.
2. The State shall ensure budget allocations for preventing and combating the proliferation of weapons of mass destruction in accordance with the law on the state budget.
3. Equipment and technical facilities for activities of preventing and combating the proliferation of weapons of mass destruction include vehicles, equipment and supplies necessary for such activities. The Government shall issue a list of equipment and technical facilities for preventing and combating the proliferation of weapons of mass destruction.
Article 34. Regimes and policies applicable to forces for prevention and combat of proliferation of weapons of mass destruction
1. Specialised forces for preventing and combating the proliferation of weapons of mass destruction will, when performing on-duty tasks, tasks of a special nature or tasks in dangerous or hazardous environments, be entitled to on-duty regimes, allowances and benefits for hazardous or dangerous jobs in accordance with law.
2. Persons assigned or mobilised under decisions of competent agencies to participate in training, drills or tasks of preventing and combating the proliferation of weapons of mass destruction will be entitled to allowances. In case they fall ill, suffer accidents, die or experience reduced working capacity, they will be entitled to social insurance benefits, survivorship allowance and funeral allowance. In case they have not participated in compulsory social insurance, they will receive the State’s support to compensate for harm to their health or loss of life in accordance with law. Those recording achievements shall be commended in accordance with the law on emulation and commendation.
3. Agencies, organisations and individuals participating in, coordinating with, collaborating with or supporting forces for preventing and combating the proliferation of weapons of mass destruction shall be commended for their achievements; compensated for property damage; and have their honour and dignity restored if infringed upon. In case they suffer injuries, harm to their health or loss of life, they or their families will be entitled to regimes and policies prescribed by law.
4. The Government shall detail this Article.
Chapter IV
IMPLEMENTATION PROVISIONS
Article 35. Effect
This Law takes effect on July 1, 2027.
Article 36. Transitional provisions
1. The National Focal Point and agencies and units assigned to perform tasks of preventing and combating the proliferation of weapons of mass destruction that commence operating before the effective date of this Law shall continue to perform and exercise their functions, tasks and powers in accordance with law.
2. Cases concerning the prevention and combat of proliferation of weapons of mass destruction that have been accepted for settlement by competent agencies before the effective date of this Law but remain unresolved shall continue to be settled in accordance with the law effective at the time of their acceptance.
This Law was passed on August 23, 2026, by the 16th National Assembly of the Socialist Republic of Vietnam at its first extraordinary session.-
President of the National Assembly
TRAN THANH MAN
[1] Công Báo No 518 (21/9/2026)
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