Decision No. 111/2009/QD-TTg on conditions and procedures for participation in national defense industry activities

Pursuant to …;

REGULATING CONDITIONS AND PROCEDURES FOR PARTICIPATION

IN NATIONAL DEFENSE INDUSTRY ACTIVITIES

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PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to Decree on National Defense Industry No. 02/2008/PL-UBTVQH12 dated January 26, 2008 of the Standing Committee of the National Assembly;

Considering the proposal of the Minister of National Defense,

DECISION:

Article 1. Scope of Regulation

This Decision stipulates conditions and procedures for organizations and individuals to participate in national defense industry activities; rights, responsibilities of agencies, organizations, and individuals in such activities and management thereof.

Article 2. Applicability

This Decision applies to agencies, organizations (excluding core national defense industrial facilities and mobilization industrial facilities), Vietnamese individuals; foreign organizations and individuals participating in national defense industry activities.

Article 3. Explanation of Terms

In this Decision, the following terms shall be understood as follows:

1. Military weapons and technical equipment are specialized means serving command, combat, readiness for combat, and training of armed forces.

2. National defense industry activities include:

a) Research, production, repair, improvement, modernization of military weapons and technical equipment;

b) Commercial services, investment, technology transfer, infrastructure construction serving national defense and security tasks;

c) Procurement, storage, preservation of materials and technical supplies serving national defense and security tasks;

d) Training and development of human resources serving military and national defense tasks.

3. National defense contract is an economic contract signed between one party being an agency or unit under the Ministry of National Defense and the other party being an organization or individual to implement fields and professions according to the Certificate of Eligibility to Participate in National Defense Industry Activities.

Article 4. Principles of Participation in National Defense Industry Activities

1. To fully utilize the comprehensive strength of the entire country and the national economy, expand methods of mobilizing capital from organizations and individuals of all economic sectors both domestically and internationally to participate in building the national defense industry. Closely integrate national defense with the economy, economy with national defense, link national defense industry activities with national defense, security objectives, and socio-economic development goals of the country, linking the interests of the State and the interests of organizations and individuals participating in national defense industry activities.

2. Organizations and individuals may participate in national defense industry activities based on their current capacity, meeting the conditions specific to each field, complying with legal regulations.

Article 5. Methods of Participation in National Defense Industry Activities

Organizations and individuals can participate in national defense industry activities through two methods as follows:

1. Implementing national defense contracts through the method of placing orders, organizations and individuals designated to carry out special national defense industry activities in terms of product requirements, professional expertise, and technical facilities.

2. Implementing national defense contracts through the bidding method.

Article 6. Conditions for Participation in National Defense Industry Activities

1. Organizations and individuals are eligible to participate in national defense industry activities when they meet the following conditions:

a) Strictly comply with the guidelines and policies of the Communist Party of Vietnam, laws and policies of the Socialist Republic of Vietnam;

b) Not infringe upon the sovereignty and legitimate interests of the State and citizens of the Socialist Republic of Vietnam;

c) Commit to comply with mandatory provisions specified in the national defense industry contract.

2. Depending on the field of participation in national defense industry activities, organizations and individuals must also meet the following conditions:

a) Field of research, production, repair, improvement, modernization of military weapons and technical equipment:

For leadership: The Director and Deputy Director of Technology must have a bachelor's degree (or higher) issued by universities or academies of the Vietnamese state or foreign countries in the relevant field.

The technical workforce must meet professional and qualification requirements and be trained and certified in specific trades.

Possess the capability of equipment, technology, tools, and standard measurement quality equipment.

Organizations and individuals must prove having sufficient financial and human resources to fulfill tasks in the participating field, with audited financial reports for the last three years.

Working environment must ensure safety, public order, fire prevention, environmental protection (with an Environmental Protection Commitment) and confidentiality.

b) Field of service, trade, investment, technology transfer, infrastructure construction:

Must align with the national goal of technology transfer.

Organizations and individuals must prove having sufficient financial and human resources to meet requirements for project construction and management, trade services, with audited financial reports for the last three years.

Transferred technology or technological products of the project must belong to the list of high technologies and high-tech products encouraged by the state for development.

c) Field of procurement, storage, preservation of materials and technical supplies:

Must align with the objectives of national defense industry activities.

Organizations and individuals must prove having sufficient financial and human resources to fulfill tasks, with audited financial reports for the last three years.

Purchased, stored, and preserved materials must belong to the list of products permitted for use in Vietnam by the state.

d) Field of training and development of human resources:

Must be granted a Certificate of Eligibility to Conduct Training by the competent authority.

Organizations and individuals must prove having the necessary professional capabilities and financial resources to fulfill training and development tasks.

Article 7. Procedures for Issuing the Certificate of Eligibility to Participate in National Defense Industry Activities

Organizations and individuals wishing to participate in national defense industry activities must complete the procedures before participating. The application dossier for the Certificate of Eligibility to Participate in National Defense Industry Activities shall be as follows:

1. For organizations:

a) A request to participate in national defense industry activities detailing key information and materials about the organization and specific fields of activity (Annex I);

b) A certified copy of the Decision on Establishment issued by the competent authority. List and addresses of affiliated units;

c) A certified copy of the business registration;

d) Certificates of eligibility regarding security, public order, and fire prevention and control issued by the competent police authority (for regulated businesses);

đ) Audited financial reports for the three most recent years;

e) List and brief resumes of managerial staff;

g) Dossier of the Director and Deputy Directors, including: individual resume with confirmation from the supervising authority; University degree certificate.

h) Technical condition documentation: production line technology layout design; production process flow.

i) Environmental standard certification for the production facility issued by the competent authority;

k) Payment of fees as prescribed;

l) Submission of one (01) set of application dossier to the issuing authority.

2. For individuals:

a) A request to participate in national defense industry activities detailing key information and materials about oneself and specific fields of activity (Annex II);

b) A certified copy of the professional qualification certificate issued by the competent state authority according to the law related to the field of national defense industry activities in which the individual participates;

c) Financial capability documentation;

d) Brief resume confirmed by the supervising authority;

đ) Payment of fees as prescribed;

e) Submission of one (01) set of application dossier to the issuing authority for the Certificate of Eligibility to Participate in National Defense Industry Activities.

3. For foreign nationals and overseas Vietnamese, in addition to complying with the procedures stipulated in Clauses 1 and 2 of this Article, they must also:

a) Hold a Passport and Residence Permit in accordance with the law;

b) Legal status confirmation document;

c) Investor's financial capability report;

d) Joint venture contract or business cooperation contract, company charter (if applicable).

4. Assessment and issuance of the Certificate of Eligibility to Participate in National Defense Industry Activities:

a) The Ministry of National Defense is the leading agency, coordinating with relevant ministries and sectors to organize the assessment and issue the Certificate of Eligibility to Participate in National Defense Industry Activities;

b) The Ministry of National Defense issues the Certificate of Eligibility to Participate in National Defense Industry Activities to organizations and individuals. Within twenty days from the date of receipt of the complete dossier, the Assessment Board will conduct the assessment. Organizations and individuals are responsible for proving the information requested by the assessing authority;

c) In cases where organizations and individuals do not meet the conditions to participate in national defense industry activities, the Ministry of National Defense must respond in writing, specifying the reasons;

d) Organizations and individuals applying for the Certificate of Eligibility to Participate in National Defense Industry Activities must pay a fee as prescribed by law;

đ) Annually, the list of organizations and individuals granted the Certificate of Eligibility to Participate in National Defense Industry Activities will be notified by the Ministry of National Defense to the Ministry of Industry and Trade;

e) Organizations and individuals who have continuously participated in national defense industry activities without violating any relevant regulations may not need to undergo reassessment and reissue of the Certificate;

g) Organizations and individuals who have been granted the Certificate of Eligibility to Participate in National Defense Industry Activities, if within two years from the date of issuance, do not engage in any national defense industry activities in the registered field, must go through the reassessment procedure to reissue the Certificate if they wish to continue participating in national defense industry activities;

h) The Ministry of National Defense stipulates the procedures for assessment and issuance of the Certificate of Eligibility to Participate in National Defense Industry Activities.

Article 8. Notification of Requirements for Participation in National Defense Industry Activities

Based on national defense tasks during each period, the Ministry of National Defense shall implement:

1. Classify sectors of national defense industry activities, implementing through either bidding or direct ordering methods.

2. Directly notify organizations and individuals selected to participate in national defense industry activities according to the direct ordering method.

3. Coordinate with the Ministry of Industry and Trade to widely notify organizations and individuals who have submitted registration applications to participate in national defense industry activities through the bidding method.

Article 9. Signing of National Defense Contracts

1. Organizations and individuals, in addition to following the procedures and documents stipulated by the law on bidding, must also attach a certified copy of the Certificate of Eligibility for Participation in National Defense Industry Activities.

2. Allow the Ministry of National Defense to delegate its authority to subordinate agencies and units to organize the signing of national defense contracts with organizations and individuals.

Article 10. Responsibilities and Benefits of Organizations and Individuals Participating in National Defense Industry Activities

1. Responsibilities:

a) Participate in national defense industry activities within the scope, functions, tasks, plans, and fields assigned, and comply with commitments made in signed and approved national defense contracts.

b) Adhere to regulations set forth by the law on national defense industry activities.

c) Comply with reporting, inspection, and audit systems regarding national defense industry activities as prescribed by the State and the Ministry of National Defense.

d) Safeguard, consolidate, and develop additional state investment capital during participation in national defense industry activities.

2. Rights:

a) Be protected by the State for legitimate interests during participation in national defense industry activities.

b) Be entitled to request and utilize information about participating sectors in national defense industry activities within the limits prescribed by law.

c) Exercise the right to lodge complaints, report violations, and initiate lawsuits against organizations and individuals obstructing participation in national defense industry activities and violating relevant regulations.

d) Receive support for investment, scientific research and technology, and related services according to current state policies for national defense industry.

Article 11. Reporting, Inspection, Audit, Evaluation, and Reporting on Participation in National Defense Industry Activities

1. Reporting System

a) Annually, organizations and individuals participating in national defense industry activities are responsible for reporting their activity situation to the competent authority issuing the Certificate before December 25 of each year.

b) Special reports as directed by the Minister of National Defense.

2. Inspection and Audit System

a) Every two years, the Ministry of National Defense will lead and coordinate with relevant ministries and sectors to conduct inspections and audits of compliance with laws governing national defense industry activities for participating organizations and individuals.

b) Based on actual conditions and requirements from relevant functional agencies, the Ministry of National Defense will instruct special inspections and audits of participating organizations and individuals.

c) Inspections and audits will be carried out in accordance with the law on inspections and audits.

3. Compilation and Evaluation Reports

Annually, the Ministry of National Defense will compile and report to the Prime Minister on the situation of organizations and individuals participating in national defense industry activities.

Article 12. Handling Violations

Organizations and individuals violating regulations related to national defense industry activities will be subject to administrative penalties, temporary or permanent suspension of national defense industry activities in the involved sectors, or criminal responsibility as prescribed by law depending on the nature and severity of the violation.

Article 13. Implementation Organization

This Decision takes effect from October 15, 2009.

The Ministry of National Defense, the Ministry of Industry and Trade, ministries, ministerial-level agencies, government agencies, provincial people's committees under the central government within their respective functions, tasks, and authorities are responsible for guiding the implementation of this Decision./.

ANNEX I

MODEL APPLICATION FOR ORGANIZATIONS
(Issued together with Decision No. 111/2009/QĐ-TTg dated September 1, 2009 of the Government Prime Minister)

SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness
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PETITION FOR APPLICATION
PARTICIPATION IN NATIONAL DEFENSE INDUSTRY ACTIVITIES

Respectfully submitted to: Ministry of National Defense

Name of Enterprise: ...

Registration number: …

Issued by …on…

Main office location …

Account number: ...

Telephone…Fax number…

Business production location …

Business field: …

Name of representative: …

Date of birth: … Male (Female)…

Position (Director/Business Owner):…

Permanent address (or temporary residence): …

Request: The Ministry of National Defense considers and issues the Certificate of Eligibility for Participation in National Defense Industry Activities.

 

 

ANNEX II

MODEL APPLICATION FOR INDIVIDUALS
(Issued together with Decision No. 111/2009/QĐ-TTg dated September 1, 2009 of the Government Prime Minister)

SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness
-------------------

 

PETITION FOR APPLICATION
PARTICIPATION IN NATIONAL DEFENSE INDUSTRY ACTIVITIES

Respectfully submitted to: Ministry of National Defense

Full name: …

Date of birth …Male (Female)…

Permanent address (or temporary residence): …

Workplace:…

ID card number: …

Passport number: …

Bank account number:…

Telephone:  …Fax number:…

- Number: …

Business field: …

Request: The Ministry of National Defense considers and issues the Certificate of Eligibility for Participation in National Defense Industry Activities.