What does military uniform include in Vietnam?

What does military uniform include in Vietnam?

In Clause 1, Article 3 of Decree 101/2022/ND-CP (effective from January 30, 2023) there are provisions on military uniform as follows:

1. ”Military uniform” includes:

a) Military badges, insignia, ranks and uniforms prescribed in Decree No. 82/2016/ND-CP dated July 01, 2016 of the Government on military badges, insignia and uniforms of the People's Army of Vietnam;

b) Police badges, insignia, ranks and uniforms prescribed in Decree No. 160/2007/ND-CP dated October 30, 2007 of the Government on the Flag of Vietnam People's Public Security, security badges, insignia, ranks and uniforms of the People's Public Security of Vietnam and Decree No. 29/2016/ND-CP dated April 21, 2016 of the Government on amendments to certain Articles of Decree No. 160/2007/ND-CP dated October 30, 2007 of the Government of Vietnam;

c) Coast Guard badges, insignia, service uniforms, dress uniforms, Vietnam Coast Guard flag prescribed in Decree No. 61/2019/ND-CP dated July 10, 2019 of the Government providing detailed provisions of certain Articles of the Law on Vietnam Coast Guard and measures for implementation thereof;

d) Uniforms, star hat pins and badges of Vietnam Self-Defence Militia prescribed in Decree No. 72/2020/ND-CP dated June 30, 2020 of the Government of Vietnam providing detailed provisions of certain Articles of the Law on Vietnam Self-Defence Militia providing for organization of building self-defence militia forces as well as regimes and policies for them.

What are rules for investment and trading in military uniforms, military equipment and supplies for the people's armed forces, military weapons, specialized technical equipment and technology used for production thereof in service of national defense and security in Vietnam? 

In Article 4 of Decree 101/2022/ND-CP (effective from January 30, 2023), there are regulations on rules for investment and trading in military uniforms, military equipment and supplies for the people's armed forces, military weapons, specialized technical equipment and technology used for production thereof in service of national defense and security as follows:

1. Protect the independence, sovereignty, unity and territorial integrity of the Fatherland, national security as well as social order and safety.

2. Strictly control and guard secrets and ensure safety.

3. Providers of training, study, manufacture, repair, assembly and development services of military uniforms, military equipment, supplies used for the people’s armed forces, military weapons, specialized technical equipment and technology under the Ministry of National Defense and the Ministry of Public Security only may carry out the study, manufacture, repair, assembly and development when being commissioned or ordered by the competent authorities prescribed in Article 10 of this Decree.

4. Comply with security and order provisions of law on conditional business lines according to regulations in Decree No. 96/2016/ND-CP dated July 01, 2016 of the Government setting requirements for security and order in several conditional business lines; regulations of law on environmental protection.

What are prohibited acts in investment and trading in military uniforms, military equipment and supplies for the people's armed forces, military weapons, specialized technical equipment and technology used for production thereof in service of national defense and security in Vietnam?

In Article 5 of Decree 101/2022/ND-CP (effective from January 30, 2023) there are regulations on prohibited acts in investment and trading in military uniforms, military equipment and supplies for the people's armed forces, military weapons, specialized technical equipment and technology used for production thereof in service of national defense and securit as follows:

1. Take advantage of the investment and trading in military uniforms, military equipment and supplies used for the people’s armed forces, military weapons, specialized technical equipment and technology used for production thereof in service of national defense and security to directly or indirectly infringe upon independence, sovereignty, unity, territorial integrity of the Fatherland, national security as well as social order and safety.

2. Make investment and trading in military uniforms, military equipment and supplies for the people's armed forces, military weapons, specialized technical equipment and technology used for production thereof in service of national defense and security when:

a) failing to be commissioned or ordered or selected through bidding procedures by the competent authorities;

b) manufacturing military uniforms, military equipment and supplies for the people's armed forces, military weapons and technical equipment in excess of the quantity specified in the contracts, purchase orders and commissioning documents of the competent authorities;

c) failing to satisfy requirements for investment and trading prescribed in this Decree and related laws or not maintaining adequate requirements for investment and trading during the operation process.

3. Commit violations against provisions of law on protection of state secrets and provisions of the Ministry of National Defense and the Ministry of Public Security on information security in any form, including:

a) information in the contracts, purchase orders, commissioning documents, bidding documents investment and related documents in investment and trading in military uniforms, military equipment and supplies for the people's armed forces, military weapons, specialized technical equipment and technology used for production thereof in service of national defense and security;

b) information concerning technical features, tactics, standards, quality, quantity and results of scientific and technological research on production, repair, improvement and modernization of military uniforms, military equipment and supplies for the people’s armed forces, military weapons, specialized technical equipment and technology used for production thereof in service of national defense and security.

4. Transfer finished products, incomplete products, sample products, prototype products, defective, damaged or poor-quality products in the process of manufacture of and trading in military uniforms, military equipment and supplies for the people’s armed forces, research, manufacture, repair, improvement and modernization of military weapons, technical equipment, schemes and results of researching and developing specialized technology transfer to manufacture military weapons and specialized technical equipment in service of national defense and security for a third party without approval of the competent authorities.

5. Provide documents contrary to fact or reality in order to fully meet requirements for investment and trading in military uniforms, military equipment and supplies for the people's armed forces, military weapons, specialized technical equipment and technology used for production thereof in service of national defense and security.

6. Obstruct or fail to comply with the inspection and handling of violations in investment and trading in military uniforms, military equipment and supplies for the people's armed forces, military weapons, specialized technical equipment and technology used for production thereof in service of national defense and security.

7. Abuse positions and powers to obstruct, annoy or infringe upon the freedom of investment and trading of organizations and enterprises; cover up violations against law of persons related to the investment and trading in military uniforms, military equipment and supplies for the people's armed forces, military weapons, specialized technical equipment and technology used for production thereof in service of national defense and security.

Best Regards!