Prohibited acts in investment and trading in military uniforms, military equipment in service of national defense and security in Vietnam

Prohibited acts in investment and trading in military uniforms, military equipment in service of national defense and security in Vietnam (Internet image)

On December 8, 2022, the Government of Vietnam issued Decree 101/2022/ND-CP stipulating conditions for investment and trading in military equipment, military equipment, civil weapons, technical equipment and specialized technology. serving national defense and security.

1. What is investment and trading in military uniforms, military equipment in service of national defense and security?

According to Clause 6, Article 3 of Decree 101/2022/ND-CP, investment and trading in military uniforms, military equipment and supplies in service of national defense and security means the continuous performance of one, several or all stages from investment in and manufacture of to supply of military uniforms, military equipment and supplies to the people's armed forces.

Specifically,  military uniforms, military equipment in service of national defense and security include:

- Military uniform” includes:

+ Military badges, insignia, ranks and uniforms prescribed in Decree 82/2016/ND-CP;

+ Police badges, insignia, ranks and uniforms prescribed in Decree 160/2007/ND-CP and Decree 29/2016/ND-CP;

+ Coast Guard badges, insignia, service uniforms, dress uniforms, Vietnam Coast Guard flag prescribed in Decree No. 61/2019/ND-CP;

+ Uniforms, star hat pins and badges of Vietnam Self-Defence Militia prescribed in Decree 72/2020/ND-CP;

Military equipment are equipment and instruments (except for those prescribed in clause 3 and clause 4 of  Article 3 of Decree 101/2022/ND-CP,) which are manufactured according to technical standards, designs and use prescribed by the Ministry of National Defense and the Ministry of Public Security to serve regular activities, training, picnics, and ensure combat readiness and combat of the people's armed forces.

2. Prohibited acts in investment and trading in military uniforms, military equipment in service of national defense and security in Vietnam

Specifically, in Article 5 of Decree 101/2022/ND-CP, prohibited acts in investment and trading in military uniforms, military equipment in service of national defense and security in Vietnam include:

- 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.

- 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:

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

+ 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;

+ 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.

- 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:

+ 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;

+ 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.

- 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.

- 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.

- 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.

- 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.

More details can be found in Decree 101/2022/ND-CP, effective from January 30, 2023.

Thanh Rin

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