General regulations on export, import and procurement of defense commodities in Vietnam

General regulations on export, import and procurement of defense commodities in Vietnam (Internet image)

Decree 46/2009/ND-CP guides the regulations on export, import and procurement of defense commodities in Vietnam as follows:

+ Principles for export, import and procurement of defense commodities:

• Export, import and procurement of defense commodities must comply with plans approved by competent authorities; abide by the State's laws and regulations and treaties to which the Socialist Republic of Vietnam is a contracting party; and be strictly managed to ensure confidentiality, safety and effectiveness;

• Only defense commodities of standards and quality equivalent to or higher than those of defense commodities produced by defense industry establishments are allowed to be imported in case locally made commodities are insufficient;

•  It is prohibited to import or procure weapons and military technical equipment from unidentified foreign organizations and individuals or of unidentified origin; involved in trade frauds; or with improper technical or tactical properties or utilities;

• Export, import or procurement of defense commodities shall be conducted under contracts.

+ Defense commodities which enable the army to perform military and defense tasks include weapons, technical equipment, technological lines and products, services, supplies and other commodities.

+ Defense commodities are divided into two types: special-use military commodities and dual-utility commodities.

• Special-use military commodities include weapons, ammunitions, explosive materials, technical or technological equipment and tools, services and supplies for defense purposes;

• Dual-utility commodities include technical or technological equipment and tools, services, supplies and commodities which can be used for both defense and socio-economic purposes.

+ Import of defense commodities directly from abroad for the army's military or defense tasks with state budget sources shall be managed by the Ministry of Defense.

+ Export of defense commodities covers weapons and military technical equipment; products, technologies and services of defense industry for military or defense use purposes; and military commodities procured on the behalf of or provided as aid for other countries' armies under treaties to which the Socialist Republic of Vietnam is a contracting party.

+ Procurement of defense commodities, including technical equipment, tools and supplies and other commodities for the army's military and defense tasks with slate budget sources, shall he managed by the Ministry of Defense.

+ The Ministry of Defense shall assume the prime responsibility for, and coordinate with concerned ministries, branches and agencies in, prescribing the order and procedures for export, import and procurement of defense commodities; working out plans and organizing the strict management of export, import and procurement of defense commodities.

More details can be found in Decree 46/2009/ND-CP, which comes into force from June 27, 2009

Long Binh

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