Vietnam: What acts are prohibited in investing in military equipment for national defense and security?
- What is an investment in military equipment for national defense and security in Vietnam?
- What acts are prohibited in investing in military equipment and military equipment for national defense and security in Vietnam?
- What are the conditions for investment in military equipment and military equipment for national defense and security in Vietnam?
What is an investment in military equipment for national defense and security in Vietnam?
According to Clause 6 Article 3 of Decree 101/2022/ND-CP, investment in military equipment and military equipment for national defense and security is the continuous implementation of one, several or all stages from investment, production to supply of military equipment and equipment to the people's armed forces.
Specifically, military equipment and military equipment for national defense and security include:
- Military equipment
+ Military insignia, insignia, badges and costumes specified in Decree 82/2016/ND-CP;
+ Police badges, insignia, badges and costumes specified in Decree 160/2007/ND-CP and Decree 29/2016/ND-CP;
+ Warnings, badges, insignia, uniforms, vestments and flags of the Vietnam Coast Guard specified in Decree 61/2019/ND-CP;
+ Costumes, hats and insignia of self-defense militias specified in Decree 72/2020/ND-CP.
- Military equipment means equipment and tools except those specified in Clauses 3 and 4, Article 3 of Decree 101/2022/ND-CP manufactured and manufactured according to technical, design and functional standards prescribed by the Ministry of National Defense and the Ministry of Public Security to serve regular activities, training, picnics, combat readiness and combat of the people's armed forces.
Vietnam: What acts are prohibited in investing in military equipment for national defense and security?
What acts are prohibited in investing in military equipment and military equipment for national defense and security in Vietnam?
Specifically, in Article 5 of Decree 101/2022/ND-CP, prohibited acts in investment in military equipment and military equipment for national defense and security include:
- Taking advantage of the activities of investment in military equipment, military equipment, military weapons, technical equipment and specialized technologies for national defense and security to directly or indirectly infringe on the independence, sovereignty, unity and territorial integrity of the Fatherland, national security and social order and safety.
- Invest in trading in military equipment, military equipment, military weapons, technical equipment and specialized technologies for national defense and security when:
+ Not being ordered or assigned tasks by competent authorities or selected through bidding procedures;
+ Producing military equipment, military equipment, military weapons, technical equipment in excess of the quantity specified in contracts, orders and task assignment documents of competent authorities;
+ Failing to meet the business investment conditions specified in Decree 101/2022/ND-CP and relevant laws or failing to ensure the maintenance of business investment conditions during operation.
- Violating the provisions of the law on the protection of state secrets and of the Ministry of National Defense and the Ministry of Public Security on information security in any form, including:
+ Information in contracts, purchase orders, task assignment documents, bidding dossiers and related documents in investment in military equipment, military equipment, civil weapons, technical equipment and specialized technologies for national defense and security;
+ Information related to technical features, tactics, standards, quality, quantity, results of scientific and technological research on production, repair, improvement and modernization of military equipment, military equipment, military weapons, technical equipment and specialized technology for national defense, security.
- Transfer of finished products, incomplete products, sample products, test products, defective, damaged and poor quality products in the process of production and trading of military equipment, military equipment, research, manufacture, production, repair, improvement and modernization of military weapons,...
- Provide documents that are not true to reality in order to meet the conditions for investment in military equipment, military equipment, military weapons, technical equipment and specialized technologies for national defense and security.
- Obstructing or failing to comply with the inspection, inspection and handling of violations in investment in military equipment, military equipment, military weapons, technical equipment and specialized technologies for national defense and security.
- Abusing their positions and powers to obstruct, trouble, infringe upon the freedom of business investment of organizations and enterprises; cover up illegal acts of persons involved in investment in military equipment and military equipment,...
See more in Decree 101/2022/ND-CP effective from 30/01/2023.
What are the conditions for investment in military equipment and military equipment for national defense and security in Vietnam?
Pursuant to Article 6 of Decree 101/2022/ND-CP on conditions for investment in military equipment and military equipment for national defense and security, specifically as follows:
- Enterprises directly serving national defense and security may invest in trading in military equipment and military equipment for national defense specified at Points a, c and d, Clause 1 and Clause 2, Article 3 of this Decree when fully meeting the following conditions:
+ The system of factories, production facilities, storage warehouses is arranged separately;
+ Ordered or assigned by the Minister of Defense or selected through bidding procedures.
- Enterprises other than those specified in Clause 1 of this Article may invest in trading in military equipment and military equipment for national defense specified at Points a, c and d, Clause 1 and Clause 2, Article 3 of this Decree when fully meeting the following conditions:
+ Established in accordance with the provisions of law; operating in the territory of Vietnam; no foreign investment;
+ Specified at Points a and b, Clause 1 of this Article.
- Security industrial establishments may invest in military equipment and military equipment for security specified at Point b, Clause 1, Clause 2, Article 3 of this Decree in accordance with the Government's Decree No. 63/2020/ND-CP dated June 8, 2020 regulating the security industry.
Decree 101/2022/ND-CP takes effect from 30/01/2023.
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