LAW AMENDING AND SUPPLEMENTING CERTAIN ARTICLES OF THE NATIONAL DEFENSE AND SECURITY INDUSTRY LAW NUMBER 119/2025/QH15

LAW

AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF THE DEFENSE AND SECURITY INDUSTRY LAW AND NATIONAL INDUSTRIAL MOBILIZATION NATIONAL DEFENSE, SECURITY AND INDUSTRIAL MOBILIZATION

Pursuant to the Constitution of the Socialist Republic of Vietnam amended and supplemented by Resolution No. 203/2025/QH15;

The National Assembly promulgates this Law amending and supplementing certain articles of the Defense and Security Industry Law and National Industrial Mobilization No. 38/2024/QH15.

Article 1. Amendments and supplements to certain articles of the Defense and Security Industry Law and National Industrial Mobilization

1. Amend and supplement Clause 1 of Article 9 as follows:

“1. Defense industry planning and security industry planning are sectoral plans; they shall be established, reviewed, approved, published, and adjusted in accordance with this Law, the laws on planning, and the laws on protecting state secrets.”

2. Amend and supplement Clause 3 of Article 20 as follows:

“3. Sources from the Defense Industry Fund, the Security Industry Development Investment Fund, and other lawful funds allocated for defense and security industries.”

3. Amend and supplement certain Points and Clauses of Article 21 as follows:

a) Amend and supplement Clause 1 as follows:

“1. Prioritize allocation of resources in the five-year financial plan and annual state budget estimates for the production tasks of key defense and security industrial facilities based on the state budget’s balancing capacity.”

b) Amend and supplement Point a of Clause 4 as follows:

“a) Key defense industrial facilities shall establish the Defense Industry Fund; key security industrial facilities shall establish the Security Industry Development Investment Fund;”

4. Amend and supplement Article 22 as follows:

Article 22. The Defense Industry Fund and the Security Industry Development Investment Fund

1. The Defense Industry Fund is a state financial fund outside the state budget, established at the central level and managed by the Ministry of National Defense to invest and support the implementation of new, high-risk tasks, programs, projects, activities, risk-taking investments, or research, design, and manufacture of weapons and technical equipment to develop the defense industry.

2. The Security Industry Development Investment Fund is a state financial fund outside the state budget, established at the central level and managed by the Ministry of Public Security to invest and support the implementation of programs, projects, activities, risk-taking investments to develop the security industry.

3. The Defense Industry Fund and the Security Industry Development Investment Fund shall be formed from the following sources of finance:

a) Support from the state budget;

b) Legal capital authorized by competent authorities;

c) Capital set aside from post-tax profits as stipulated in Point a of Clause 4 of Article 21 of this Law;

d) Voluntary contributions from domestic and foreign organizations and individuals;

đ) Contributions from other components of the national defense industry to the Defense Industry Fund; contributions from members participating in the national security industry organization to the Security Industry Development Investment Fund;

e) Other lawful sources of finance as prescribed by law.

4. Principles of operation of the Defense Industry Fund:

a) Not for profit purposes;

b) Manage and use according to purpose, in compliance with the law, promptly and effectively;

c) Invest and support the implementation of new, high-risk tasks, programs, projects, activities, risk-taking investments, or research, design, and manufacture of weapons and technical equipment to develop the defense industry.

5. Principles of operation of the Security Industry Development Investment Fund:

a) Not for profit purposes;

b) Manage and use according to purpose, in compliance with the law, promptly and effectively;

c) Invest and support the implementation of programs, projects, activities, risk-taking investments to develop the security industry.

6. The Government shall prescribe the establishment, management, and use of the Defense Industry Fund; prescribe the establishment, management, and use of the Security Industry Development Investment Fund.”

5. Amend and supplement Clause 2 of Article 42 as follows:

“2. The national defense industry complex has the following functions and tasks:

a) Research, apply science and technology, design, manufacture, test, produce, repair, modify, improve, modernize, extend the service life of weapons and technical equipment, materials for defense production, and defense industry products and services;

b) Master strategic technologies, foundational technologies, core technologies, transfer, and accept technology transfers of advanced and modern technologies;

c) Mobilize national resources to develop the defense industry;

d) Research, produce, supply products and services for civilian use, transfer appropriate technology to civilian industry to serve economic and social development;

đ) Enhance international competitiveness, participate in exporting defense industry products and services.”

6. Amend and supplement Point a of Clause 2 of Article 43 as follows:

“a) The State assigns the main responsibility for implementing research, design, manufacturing, and production projects of weapons and technical equipment according to product specialties; independently coordinate in research, production, joint ventures, cooperation, and mobilizing the capabilities of various components of the national defense industry complex;”

7. Amend and supplement Article 45 as follows:

Article 45. State policy towards the national defense industry complex

1. Implement policies on assigning tasks, placing orders, selecting contractors, supporting resources, cooperation, and public-private partnership investment methods to implement the activities of the national defense industry complex.

2. Create conditions to promote joint ventures, cooperation, and collaboration among components of the national defense industry complex.

3. Encourage the development of national science and technology programs and special national science and technology innovation programs to research and develop strategic technologies, foundational technologies, core technologies serving the production and manufacturing of weapon systems and technical equipment of strategic significance, and defense industry products.

4. Prioritize investment resources for scientific research and technology application; provide tax incentives, credit and other preferential policies as prescribed by law; develop infrastructure and high-quality human resources for the national defense industry complex.

5. The Government shall specify detailed regulations for this Article.

8. Supplement Section 8 following Section 7 of Chapter II as follows:

"Section 8

NATIONAL SECURITY INDUSTRY COMPLEX

Article 45a. Functions, tasks, and components of the National Security Industry Complex

1. The National Security Industry Complex is led and directed by the State, with the core being key security industrial facilities, involving organizations and businesses inside and outside the People's Public Security that have scientific and technological resources and capabilities to organize the implementation of tasks for building and developing the security industry.

2. The functions and tasks of the National Security Industry Complex include the following:

a) Researching, applying science and technology, designing, manufacturing, testing, producing, completing, repairing, converting, improving, modernizing products and services of the security industry, focusing on groups of products and services such as safety and cybersecurity products and services; big data, cloud computing, blockchain, and artificial intelligence applications based on national big data; technical equipment and tools for police operations and criminal investigation; patrol vehicles for coastal and river routes; fire prevention, firefighting, and rescue products; special biotechnology products serving biological security; aviation security equipment, technology, and services; other products and services as decided by competent authorities.

The Minister of Public Security shall decide on the specific list of products and services within the groups of products and services stipulated herein.

b) Master strategic technologies, foundational technologies, core technologies, transfer, and accept technology transfers of advanced and modern technologies;

c) Mobilize national resources to develop the security industry.

d) Research, produce, supply products and services for civilian use, transfer appropriate technology to civilian industry to serve economic and social development;

d) Enhance international competitiveness and participate in exporting security industry products and services.

3. The components of the National Security Industry Complex include:

a) The core of the National Security Industry Complex is key security industrial facilities.

b) Members participating in the National Security Industry Complex include organizations and businesses inside and outside the People's Public Security.

4. The Prime Minister decides on key security industrial facilities as the core of the National Security Industry Complex. The Minister of Public Security decides on members participating in the National Security Industry Complex.

5. The Government shall specify detailed regulations for Clauses 1, 2, and 3 of this Article.

Article 45b. Core of the National Security Industry Complex

1. The core of the National Security Industry Complex is key security industrial facilities possessing sufficient scientific and technological resources and capabilities to lead and organize research, design, manufacture, test, production, and completion of security industry products and services.

2. The core of the National Security Industry Complex enjoys the following policies:

a) Policies stipulated at points c and d Clause 2 of Article 43 of this Law.

b) The State supports part of the funding for implementing scientific and technological tasks and innovation activities serving state-assigned research and production programs for technical equipment for police operations.

c) Being assigned by the State to lead the implementation of research, design, manufacture, and production projects and programs for security industry products and services according to specialized fields; having autonomy in research, production, joint ventures, and cooperation with members participating in the National Security Industry Complex.

3. The core of the National Security Industry Complex has the following responsibilities:

a) Lead research, design, manufacture, test, production, and completion of assigned products and services; coordinate members participating in the National Security Industry Complex during the implementation of tasks.

b) Be responsible for the quality of security industry products and services during task implementation.

c) Ensure state secrets, security, and safety during joint ventures, cooperation, and contract signing with members participating in the National Security Industry Complex.

d) Account according to the provisions of the law.

4. The Government shall specify detailed regulations for this Article.

Article 45c. Members Participating in the National Industrial Security Complex

1. Members participating in the National Industrial Security Complex are organizations and businesses inside and outside the People's Public Security that have scientific and technological resources and potential recognized by the decision of the Minister of Public Security; they carry out research, design, manufacture, testing, production, completion, and supply of industrial security products and services, and other activities within the scope of functions and tasks of the National Industrial Security Complex.

2. Members participating in the National Industrial Security Complex shall enjoy the following policies:

a) Being protected by the State for their rights and legitimate interests during the process of participating in the activities of the National Industrial Security Complex;

b) Being considered for assignment of tasks, procurement orders, selection of contractors, public-private partnership cooperation, or support, investment, and loans through the Industrial Security Development Fund to implement research, design, manufacture, testing, production, completion, and supply of industrial security products and services according to specialized fields;

c) Being provided with and using information within the scope of serving the implementation of tasks and activities of the National Industrial Security Complex;

d) Enterprises implementing contracts for research, design, manufacture, testing, production, completion, and supply of industrial security products and services shall enjoy the policies stipulated in points a, b, and c of this clause and tax incentives, credit, land leasing, labor, technology access and transfer, export of industrial security products and services according to the provisions of the law.

3. Members participating in the National Industrial Security Complex shall have the following responsibilities:

a) Participating in the activities of the National Industrial Security Complex within the assigned scope, tasks, plans, and fields, and complying with signed contracts;

b) Ensuring national security and safety in industrial security production;

c) Ensuring state secrets and technological confidentiality related to joint ventures, associations, contract signing, and implementation according to regulations;

d) Adhering to inspection and reporting systems on industrial security activities according to the provisions of the law.

4. The Government shall specify detailed regulations for this Article.

Article 45d. State Policies towards the National Industrial Security Complex

1. Having policies on assigning tasks, procurement orders, selecting contractors, supporting resources, cooperation, and investment through public-private partnership models to implement the activities of the National Industrial Security Complex.

2. Creating conditions to promote joint ventures, associations, and cooperation among components of the National Industrial Security Complex.

3. Encouraging the development of national science, technology, and innovation programs, especially those focusing on researching and developing strategic technologies, foundational technologies, core technologies to serve the production and manufacturing of industrial security products.

4. Prioritizing investment resources for scientific and technological research and application; providing tax incentives, credit, and other preferential policies according to the law; developing high-quality infrastructure and human resources for the National Industrial Security Complex.

5. Industrial security products and services of the National Industrial Security Complex shall enjoy preferential treatment according to the provisions of the bidding law and this Law.

6. The Government shall provide detailed regulations for items 1, 2, 3, and 4 of this Article.”

9. Amend and supplement point d of Clause 1, Article 68 as follows:

“d) Applying cost allocation to the final product or partial cost allocation according to the provisions of the Law on Science, Technology, and Innovation.”

10. Amend and supplement Clause 6 and add Clauses 7 and 8 after Clause 6 of Article 79 as follows:

“6. Directly guiding the activities of the specialized agency for industrial security and the Management Council for Industrial Security Development.

7. Establishing the Management Council for Industrial Security Development to coordinate the activities of the National Industrial Security Complex, the Industrial Security Development Fund, and assist the Minister of Public Security in directing tasks for building and developing industrial security.

8. Developing, promulgating, or submitting to competent authorities for publication standards and technical regulations related to industrial security products and services; managing certification activities for the conformity of industrial security products and services to corresponding standards or regulations.”

11. Replace the term "information security" with the term "cybersecurity" in Clause 3, Article 29.

12/2025/TT-BNNMT dated June 19, 2025 issued by the Minister of Agriculture and EnvironmentEffective Date to be implemented

1. This Law takes effect from January 1, 2026, except for the cases provided for in Clause 2 of this Article.

2. The provisions of Articles 1(1), 1(2), 1(3), and 1(4) of this Law shall take effect from March 1, 2026.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the 10th Session of the 15th Term, on December 10, 2025.