Vietnam: What is the proliferation of weapons of mass destruction? Who will entities detecting proliferation and financing of proliferation of weapons of mass destruction notify?
- What is the proliferation of weapons of mass destruction in Vietnam?
- Who will entities detecting proliferation and financing of proliferation of weapons of mass destruction in Vietnam notify?
- What are the responsibilities of the Ministry of Public Security in preventing and countering proliferation of weapons of mass destruction in Vietnam?
What is the proliferation of weapons of mass destruction in Vietnam?
Pursuant to Clause 6, Article 4 of Decree 81/2019/ND-CP as follows:
“Proliferation of weapons of mass destruction” refers to the act of spreading knowledge, scientific research, precursor components and relevant materials belonging to state actors or non-state actors in order to engage in activities related to weapons of mass destruction: conducting research, creating, manufacturing, owning, repurchasing, preserving, storing, developing, transporting, selling, providing, transferring, technology transferring, importing, exporting, transshipping and using weapons of mass destruction or relevant activities prescribed in relevant resolutions of the United Nations Security Council; or providing technical training, consultancy, services, brokerage or support relating to any of the above activities.
Who will entities detecting proliferation and financing of proliferation of weapons of mass destruction in Vietnam notify?
Pursuant to Clause 1, Article 25 of Decree 81/2019/ND-CP stipulating as follows:
Article 25. Detection of proliferation and financing of proliferation of weapons of mass destruction
1. Via their operations, if agencies, organizations and individuals detect proliferation and financing of proliferation of weapons of mass destruction or other violations against the law regarding weapons of mass destruction, promptly inform forces specified in Point a Clause 1 Article 14 of this Decree or the nearest military and police, People’s Committees to take actions as per the law.
2. The national presiding agency shall report to the Prime Minister and request the Committee established under resolutions of the United Nations Security Council to add violating organizations and individuals to the sanctions list.
3. Forces of preventing and countering the proliferation of weapons of mass destruction specified in Point a Clause 1 Article 14 of this Decree are responsible for adopting specialized and technical measures according to relevant law provisions to promptly detect and defer the proliferation of weapons of mass destruction; guiding and assisting agencies, organizations and individuals in recognizing the proliferation and financing of the proliferation of weapons of mass destruction and methods of detecting, informing and accusing the proliferation and financing of the proliferation of weapons of mass destruction; immediately adopting measures to counter the proliferation and financing of the proliferation of weapons of mass destruction according to this Decree and relevant law provisions.
Thus, according to the above provisions, when detecting proliferation and financing of proliferation of weapons of mass destruction in Vietnam, entities must notify the forces specified at Point a, Clause 1, Article 14 of Decree 81/2019/ND-CP or the nearest military and police authorities, People’s Committees to take actions as per the law.
What are the responsibilities of the Ministry of Public Security in preventing and countering proliferation of weapons of mass destruction in Vietnam?
Pursuant to Article 30 of Decree 81/2019/ND-CP, the responsibilities of the Ministry of Public Security in preventing and countering proliferation of weapons of mass destruction in Vietnam are:
- Assign and ensure adequate equipment provision for forces of preventing and countering the proliferation of weapons of mass destruction affiliated to the Ministry of Public Security.
- Cooperate with the Ministry of National Defense to perform tasks specified in Clause 3 Article 11; Points c, d and dd Clause 1 and Points b and dd Clause 2 Article 29 of Decree 81/2019/ND-CP.
- Instruct agencies and units under their management to cooperate with agencies and military units in development, training, drill and adoption of measures to prevent and counter the proliferation of weapons of mass destruction.
- Direct agencies and units affiliated to People’s Public Security to cooperate with agencies and units affiliated to border guards, customs and relevant agencies and units to adopt measures to prevent and counter the proliferation of weapons of mass destruction via supervision on persons making entry, exit and transit at border checkpoints assigned to the Ministry of Public Security.
- Cooperate with the Ministry of National Defense, Ministry of Foreign Affairs and relevant ministries to implement international cooperation in preventing and countering the proliferation and financing of the proliferation of weapons of mass destruction within their competence.
- Prepare list of organizations and individuals related to the proliferation and financing of the proliferation of weapons of mass destruction within their management and request the national presiding agency to add to or remove from list of sanctioned individuals according to resolutions of the United Nations Security Council on preventing and countering the proliferation and financing of the proliferation of weapons of mass destruction.
- Direct agencies and units under their management to perform tasks and powers specified in Chapters III and IV of Decree 81/2019/ND-CP based on their functions; detect, investigate and take actions against organizations and individuals proliferating and financing the proliferation of weapons of mass destruction.
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