Decree No. 16/2023/ND-CP on the organization and management and operation of enterprises directly serving national defense and security and enterprises combining economy with national defense and security; amending the provisions at point g, Clause 1, Article 23 of Decree No. 47/2021/NĐ-CP dated April 1, 2021 of the Government detailing some provisions of the Enterprise Law.

DECREE

On the organization and management, and operation of enterprises directly serving national defense and security, and enterprises combining economic activities with national defense and security; amending the provision at Point g Clause 1 Article 23 of the Government Decree No. 47/2021/NĐ-CP dated April 1, 2021 detailing certain provisions of the Enterprise Law

Pursuant to the Law Amending and Supplementing Certain Provisions of the Public Investment Law, the Public-Private Partnership Investment Law, the Investment Law, the Housing Law, the Bidding Law, the Enterprise Law, the Special Consumption Tax Law, and the Civil Enforcement Law on January 11, 2022;

The Government issues this Decree on the organization and management, and operation of enterprises directly serving national defense and security, and enterprises combining economic activities with national defense and security; amending the provision at Point g Clause 1 Article 23 of the Government Decree No. 47/2021/NĐ-CP dated April 1, 2021 detailing certain provisions of the Enterprise Law regarding the implementation of information disclosure by state-owned enterprises.

1. This Decree stipulates in detail the organization and management, and operation of enterprises directly serving national defense and security, and enterprises combining economic activities with national defense and security which are state-owned enterprises and limited liability companies held 100% of charter capital by state-owned enterprises specified in Clause 2 Article 88 of the Enterprise Law; amending the provision at Point g Clause 1 Article 23 of the Government Decree No. 47/2021/NĐ-CP dated April 1, 2021 detailing certain provisions of the Enterprise Law regarding the implementation of information disclosure by state-owned enterprises.

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Enterprises dated June 17, 2020;

2. Matters concerning the establishment, merger, consolidation, division, separation, dissolution, bankruptcy, and other organizational and operational aspects of enterprises directly serving national defense and security, and enterprises combining economic activities with national defense and security not provided for in this Decree shall be implemented in accordance with the provisions of the Enterprise Law, the State Capital Management and Business Investment Law, and guiding documents.

At the proposal of the Minister of Planning and Investment;

1. State-owned enterprises as stipulated in Article 88 of the Enterprise Law.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

2. Enterprises directly serving national defense and security as stipulated in Article 3 of this Decree.

3. Enterprises combining economic activities with national defense and security as stipulated in Article 4 of this Decree.

Article 2. Applicability

4. Organizations and individuals related to the organization and management, operation, and inspection and supervision of enterprises directly serving national defense and security, and enterprises combining economic activities with national defense and security; the implementation of information disclosure by state-owned enterprises.

Article 3. Enterprises directly serving national defense and security

An enterprise is determined to be an enterprise directly serving national defense and security if it meets the following conditions simultaneously:

1. It is one of the following types of enterprises:

a) A limited liability company with one member held 100% of charter capital under the management of the Ministry of National Defense or the Ministry of Public Security.

b) A limited liability company with one member held 100% of charter capital by an enterprise specified in Point a Clause 1 of this Article.

c) A limited liability company with two or more members holding 100% of charter capital of limited liability companies with one member held 100% of charter capital by the State, including at least one enterprise specified in Point a Clause 1 of this Article.

2. It operates in industries, fields, and areas specified in the Appendix on the List of Industries, Fields, or Areas Directly Serving National Defense and Security attached to this Decree.

3. It is assigned tasks for producing and supplying products and services for national defense and security, and performing national defense and security missions using resources from the state budget or enterprise resources consistent with the investment objectives and establishment of the enterprise by the Ministry of National Defense or the Ministry of Public Security directly or through competent agencies, main units under the Ministry of National Defense or the Ministry of Public Security, or parent companies held 100% of charter capital by the State under the management of the Ministry of National Defense or the Ministry of Public Security.

c) A limited liability company with two or more members that owns 100% of the charter capital of limited liability companies with one member in which the State holds 100% of the charter capital, including at least one enterprise as defined in point a, Clause 1 of this Article.

2. Engages in industries, fields, and areas of operation specified in the Appendix on the List of Industries, Fields, or Areas Directly Serving National Defense and Security attached to this Decree.

3. Is assigned tasks for producing and supplying national defense and security products and services and performing national defense and security missions using state budget resources or enterprise resources consistent with investment objectives and the establishment of the enterprise by the Ministry of National Defense, the Ministry of Public Security directly or through competent agencies or units under the Ministry of National Defense, the Ministry of Public Security, or parent companies that are enterprises held 100% by the State and managed by the Ministry of National Defense, the Ministry of Public Security.

Article 4. Enterprises combining economic activities with national defense and security

An enterprise shall be recognized as an enterprise combining economic activities with national defense and security if it satisfies the following conditions simultaneously:

1. It is an enterprise in which the State holds more than 50% of the charter capital or the total number of voting shares, and the Ministry of National Defense or the Ministry of Public Security exercises the rights of state ownership representative at the enterprise.

2. It is assigned tasks to produce and supply products and services for national defense and security directly by the Ministry of National Defense or the Ministry of Public Security, or through competent agencies or units under the Ministry of National Defense or the Ministry of Public Security; it fulfills national defense and security tasks to meet regular or urgent requirements; it implements investment projects related to national defense secrets, important national defense missions, or on areas with significant positions concerning national defense and security.

Chapter II
MANAGEMENT ORGANIZATION AND OPERATIONS OF ENTERPRISES DIRECTLY SERVING NATIONAL DEFENSE AND SECURITY AND ENTERPRISES COMBINING ECONOMIC ACTIVITIES WITH NATIONAL DEFENSE AND SECURITY

Article 5. Rights and obligations of enterprises directly serving national defense and security and enterprises combining economic activities with national defense and security

1. Enterprises directly serving national defense and security have the rights and obligations stipulated in Article 9 of the Enterprise Law and the following provisions:

a) They are guaranteed sufficient resources and adequate charter capital by the Ministry of National Defense or the Ministry of Public Security to fulfill assigned national defense and security tasks.

b) They may use allocated resources for business operations (outside the fulfillment of national defense and security tasks) provided that the following conditions are met:

Approval and written endorsement by the Ministry of National Defense or the Ministry of Public Security;

Supplementary business activities aim to support national defense and security tasks or to enhance asset utilization efficiency;

Such activities do not reduce their capacity or affect the fulfillment of assigned national defense and security tasks;

Fulfill tax payment obligations as prescribed by law.

c) They manage allocated resources for fulfilling national defense and security tasks according to current regulations.

d) They comply with laws and regulations of the Ministry of National Defense or the Ministry of Public Security regarding international cooperation when engaging in joint activities with foreign organizations or individuals to fulfill national defense and security tasks.

đ) They comply with decisions of the Ministry of National Defense or the Ministry of Public Security regarding the transfer of part of the capital or assets of the enterprise serving national defense and security tasks to another enterprise for the fulfillment of such tasks, as necessary, in accordance with current laws.

2. Enterprises combining economic activities with national defense and security have the rights and obligations stipulated in Article 9 of the Enterprise Law and the following provisions:

a) They manage allocated resources for fulfilling combined economic and national defense and security tasks according to current regulations.

b) They comply with laws and regulations of the Ministry of National Defense or the Ministry of Public Security regarding international cooperation when engaging in joint activities with foreign organizations or individuals to fulfill combined economic and national defense and security tasks.

Article 6. Organizational structure and management positions of enterprises directly serving national defense and security and enterprises combining economic activities with national defense and security

1. The organizational structure of enterprises directly serving national defense and security and enterprises combining economic activities with national defense and security shall be implemented in accordance with the Enterprise Law and relevant laws.

2. Standards, conditions, procedures for appointment, removal, dismissal, commendation, and disciplinary action for managers, Supervisors, and Heads of Supervisory Boards of enterprises directly serving national defense and security shall be carried out in accordance with current laws and guidelines from the Ministry of National Defense or the Ministry of Public Security.

3. Standards, conditions, procedures for appointment, removal, dismissal, commendation, and disciplinary action for managers, Supervisors, Heads of Supervisory Boards, and representatives of state capital at enterprises combining economic activities with national defense and security shall be carried out in accordance with current laws and guidelines from the Ministry of National Defense or the Ministry of Public Security.

Article 7. Policy towards enterprises directly serving national defense and security and workers at enterprises directly serving national defense and security

1. Enterprises directly serving national defense and security shall be entitled to the following policies:

a) They shall enjoy preferential treatment regarding land rent, land use fees, and land use tax for the area of land allocated and managed for the purpose of national defense and security tasks in accordance with laws on land, tax, and related laws.

b) The State shall allocate budget and other resources to ensure expenditures according to regulations and standards set forth by law, including uniforms for officers, professional soldiers, defense workers, defense officials, non-commissioned officers, police workers, and personnel engaged in confidential work; expenses for training exercises, combat training, reserve mobilization training; expenses for national defense and security work, national defense service work, and military-civilian relations. In cases where the state budget does not fully cover these expenses, the shortfall shall be considered deductible expenses when determining corporate income tax payable under the Corporate Income Tax Law and guiding documents; it shall be excluded from business evaluation and classification as prescribed by the Government.

c) The State shall allocate budget and other resources to provide funding for the maintenance, repair, and operation of production and repair equipment chains, facilities, and products for national defense and security during planned temporary cessation of production of such products as assigned by the Ministry of National Defense, the Ministry of Public Security directly or through specialized agencies or main units under their jurisdiction.

d) The State shall allocate budget and other resources to support two reward and welfare funds equivalent to two months' salary in cases where there are insufficient sources to establish such funds.

e) The State shall allocate budget and other resources to support nursery and education expenses in areas without public school systems; health care expenses for places that must maintain clinics due to special conditions; or nurseries and clinics on necessary areas as decided by the Ministry of National Defense and the Ministry of Public Security.

f) Depreciation shall be applied to fixed assets which are production and repair chains for weapons, equipment, infrastructure, and other specialized and particular assets serving national defense and security tasks in accordance with guidelines issued by the Ministry of Finance.

2. Workers in enterprises directly serving national defense and security shall be entitled to the following regimes and policies:

a) Wages for workers who are officers, professional soldiers, defense workers, defense officials, non-commissioned officers, police workers, and personnel engaged in confidential work shall be calculated in accordance with the provisions of the law on the regime and policy for officers, professional soldiers, defense workers, defense officials, non-commissioned officers, police workers, and personnel engaged in confidential work, based on labor productivity and annual business results of the enterprise.

b) When performing national defense and security tasks, if workers are injured or killed and meet the conditions and criteria, they shall be recognized as persons meritorious to the revolution in accordance with the law on preferential treatment for persons meritorious to the revolution; workers suffering work-related accidents shall be entitled to work injury benefits as stipulated by the Labor Law.

c) The State shall allocate funds to ensure payment of wages and social insurance contributions for officers, professional soldiers, defense workers, defense officials, police workers, and personnel engaged in confidential work during retirement preparation; settlement of discharge, demobilization, and termination expenses according to current regulations; and support for wage payments for a number of workers in production and repair chains of national defense and security products during planned temporary cessation of operations as assigned by the Ministry of National Defense and the Ministry of Public Security directly or through specialized agencies or main units under their jurisdiction.

Article 8. Policy towards enterprises combining economy with national defense and security, and workers at such enterprises.

1. They shall enjoy preferential treatment regarding land rent, land use fees, and land tax for the area of land allocated for management and use to serve national defense and security tasks in accordance with laws on land, tax, and related laws.

2. The State shall allocate budget funds and other resources to ensure expenditures according to prescribed standards, including annual military uniforms expenses, discharge expenses, retirement expenses, and termination expenses for officers, professional soldiers, defense workers, defense officials, non-commissioned officers, police workers, and personnel engaged in confidential work under current regulations; salary payments and social insurance contributions during the period of preparation for retirement for officers, professional soldiers, defense workers, defense officials, police workers, and personnel engaged in confidential work under current regulations.

Enterprises shall include their operating costs and costs serving military national defense, security, and civilian-military relations as prescribed by the Enterprise Income Tax Law and guiding documents for inclusion in deductible expenses when determining taxable income from enterprise income tax, based on plans and tasks directly assigned by the Ministry of National Defense or the Ministry of Public Security or through specialized agencies or units subordinate to them.

3. The wages of workers who are officers, professional soldiers, defense workers, defense officials, non-commissioned officers, police workers, and personnel engaged in confidential work shall be determined in accordance with the provisions of the laws on the system and policies for officers, professional soldiers, defense workers, defense officials, non-commissioned officers, police workers, and personnel engaged in confidential work, taking into account productivity and the results of annual business operations of the enterprise.

4. When performing national defense and security tasks, if workers are injured or killed and meet the conditions and criteria, they shall be recognized as persons meritorious to the revolution in accordance with the laws on preferential treatment for persons meritorious to the revolution; workers suffering workplace accidents shall be entitled to work injury benefits in accordance with the laws on labor.

Chapter III
RECOGNITION, RECOGNITION AGAIN, AND MANAGEMENT, SUPERVISION OF ENTERPRISES DIRECTLY SERVING NATIONAL DEFENSE AND SECURITY AND ENTERPRISES COMBINING ECONOMY WITH NATIONAL DEFENSE AND SECURITY

Article 9. Recognition and re-recognition of enterprises directly serving national defense and security

1. The Prime Minister decides on recognition and re-recognition of enterprises directly serving national defense and security based on the proposal of the Ministry of National Defense, the Ministry of Public Security, and the assessment of the Ministry of Planning and Investment every five years.

2. The implementation of recognition and re-recognition of enterprises directly serving national defense and security shall be carried out in accordance with the following provisions:

a) The Ministry of National Defense and the Ministry of Public Security shall review enterprises that meet the conditions stipulated in Article 3 of this Decree to build the Application for Recognition and Re-recognition of Enterprises Directly Serving National Defense and Security for enterprises applying for initial recognition as enterprises directly serving national defense and security within one year from the date this Decree takes effect, and for national defense and security enterprises requiring re-recognition six months before the re-recognition period; submit five copies of the Application for Recognition and Re-recognition of Enterprises Directly Serving National Defense and Security as stipulated in Article 11 of this Decree to the Ministry of Planning and Investment for evaluation.

b) The Ministry of Planning and Investment shall take the lead, seek opinions from the Ministry of Finance starting from the day it receives all applications. The Ministry of Finance and sectoral management ministries shall provide opinions on matters within their functional responsibilities within fifteen working days from the date of receiving the request from the Ministry of Planning and Investment;

c) The Ministry of Planning and Investment shall provide an evaluation opinion on the Application for Recognition and Re-recognition of Enterprises Directly Serving National Defense and Security to send to the Ministry of National Defense and the Ministry of Public Security within ten working days from the date of receiving opinions from relevant agencies. In case there are differing opinions on the Application for Recognition and Re-recognition of Enterprises Directly Serving National Defense and Security, the Ministry of Planning and Investment shall organize meetings with relevant agencies to unify the evaluation contents;

d) The Ministry of National Defense and the Ministry of Public Security shall adopt and explain the evaluation opinions of the Ministry of Planning and Investment, complete the application, and submit it to the Prime Minister for decision on recognition and re-recognition of enterprises directly serving national defense and security.

3. New enterprises established and meeting the conditions stipulated in Article 3 of this Decree shall be recognized as enterprises directly serving national defense and security and are not required to undergo recognition procedures as stipulated in Clause 2 of this Article. The approval document or decision on establishment of new enterprises by the Prime Minister shall have the same effect as the decision on recognition of enterprises directly serving national defense and security.

4. The Ministry of National Defense and the Ministry of Public Security shall report to the Prime Minister for decision to remove enterprises that have been recognized as enterprises directly serving national defense and security but are no longer assigned tasks, ordered to produce, and supply defense and security products and services by the Ministry of National Defense and the Ministry of Public Security from the list of enterprises directly serving national defense and security after seeking the opinion of the Ministry of Planning and Investment.

5. A limited liability company with state ownership represented by the Ministry of National Defense or the Ministry of Public Security, which is not recognized or re-recognized as an enterprise directly serving national defense and security, must reorganize and restructure in accordance with the provisions of the law.

Article 10. Recognition and re-recognition of enterprises combining economic activities with national defense and security

1. The Minister of National Defense and the Minister of Public Security shall decide on recognition and re-recognition for enterprises combining economic activities with national defense and security based on the opinions of the Ministry of Finance and the Ministry of Planning and Investment every five years.

2. Implementation of recognition and re-recognition of enterprises combining economic activities with national defense and security shall be carried out according to the following regulations:

a) Within one year from the date this Decree takes effect and six months before the period for re-recognition of enterprises combining economic activities with national defense and security, enterprises in which the State holds more than 50% of the charter capital or voting shares, managed by the Ministry of National Defense or the Ministry of Public Security, shall construct the application dossier for recognition and re-recognition of enterprises combining economic activities with national defense and security; submit three copies of the application dossier for recognition and re-recognition of enterprises combining economic activities with national defense and security as stipulated in Article 11 of this Decree to the Ministry of National Defense and the Ministry of Public Security to request recognition as enterprises combining economic activities with national defense and security.

b) The Ministry of National Defense and the Ministry of Public Security shall take the lead in soliciting opinions from the Ministry of Planning and Investment and the Ministry of Finance upon receipt of the complete dossier. The Ministry of Finance and the Ministry of Planning and Investment shall provide comments on matters within their functional responsibilities within fifteen working days from the date of receiving the request from the Ministry of National Defense and the Ministry of Public Security.

c) The Ministry of National Defense and the Ministry of Public Security shall examine and decide on recognition and re-recognition of enterprises combining economic activities with national defense and security.

3. The Ministry of National Defense and the Ministry of Public Security shall decide to remove enterprises that have been recognized as enterprises combining economic activities with national defense and security but do not simultaneously meet the conditions prescribed in Article 4 of this Decree from the list of enterprises combining economic activities with national defense and security.

Article 11. Dossier for Application for Recognition and Re-recognition of Enterprises Directly Serving National Defense and Security; Enterprises Combining Economic Activities with National Defense and Security

The dossier for application for recognition and re-recognition of enterprises directly serving national defense and security; enterprises combining economic activities with national defense and security includes the following contents:

1. Name of the enterprise; industry, field, and operating area of the enterprise; products, services, and national defense and security tasks assigned by the Ministry of National Defense, the Ministry of Public Security, or the parent company, which is a state-owned enterprise holding 100% of the charter capital under the management of the Ministry of National Defense or the Ministry of Public Security, for the enterprise to perform in the five years immediately preceding the date of application for review.

2. Report on the actual operation of the enterprise in the five years immediately preceding the date of application for review; providing data on charter capital, owner's equity, post-tax profit, tax payment, total liabilities, total number of employees..., information on land area allocated for management and use.

3. Report on production and supply of national defense and security products and services or performance of national defense and security tasks assigned by the Ministry of National Defense, the Ministry of Public Security, or the parent company, which is a state-owned enterprise holding 100% of the charter capital under the management of the Ministry of National Defense or the Ministry of Public Security, for the enterprise to undertake in the five years immediately preceding the date of application for review.

4. Objectives and development plans of the enterprise for the next five years starting from the date of application for review.

5. Other relevant contents related to recognition and re-recognition of enterprises directly serving national defense and security and enterprises combining economic activities with national defense and security (if any); related documents and texts concerning national defense and security tasks assigned by the Ministry of National Defense, the Ministry of Public Security, or the parent company, which is a state-owned enterprise holding 100% of the charter capital under the management of the Ministry of National Defense or the Ministry of Public Security, or by competent agencies or units directly subordinate to the Ministry of National Defense or the Ministry of Public Security assigning tasks or placing orders for the enterprise to implement.

Article 12. Assignment of tasks, ordering of defense and security products and services, and inspection and supervision of enterprises directly serving defense and security and enterprises combining economy with defense and security

1. The assignment of tasks and ordering for enterprises directly serving defense and security and enterprises combining economy with defense and security; prices, unit prices, or costs for producing and supplying defense and security products and services and defense and security tasks shall be carried out in accordance with the guidance of the Ministry of National Defense and the Ministry of Public Security.

2. The Ministry of National Defense and the Ministry of Public Security shall conduct inspections and supervision over enterprises directly serving defense and security and enterprises combining economy with defense and security under their management according to current regulations and the guidance of the Ministry of National Defense and the Ministry of Public Security.

Before August 31 each year, the Ministry of National Defense and the Ministry of Public Security shall report to the Prime Minister and simultaneously send reports on the operation of enterprises directly serving defense and security and enterprises combining economy with defense and security managed in the previous year to the Ministry of Planning and Investment and the Ministry of Finance, including: results of business production and operation; implementation of production and supply of defense and security products and services and defense and security tasks; results of implementing policies for enterprises and employees at enterprises directly serving defense and security and enterprises combining economy with defense and security as stipulated in this Decree.

Chapter IV
ANNOUNCEMENT OF INFORMATION OF STATE ENTERPRISES

Article 13. Announcement of information of state enterprises

Amend the provision at point g clause 1 Article 23 of Decree No. 47/2021/NĐ-CP dated April 1, 2021 of the Government detailing certain provisions of the Enterprise Law as follows:

"Interim financial statements and summaries thereof, including financial statements of the parent company and consolidated financial statements (if any); such announcements must be made before July 31 each year."

Article 14. Announcement of information of state enterprises that are enterprises directly serving defense and security

1. Contents of periodic reports and information announcements include:

a) Updating basic information about the company and the Company Charter in accordance with point a clause 1 Article 23 of Decree No. 47/2021/NĐ-CP.

b) Summary report on the financial situation and business results of the previous year, including: registered capital, total assets, financial investments, liabilities, shareholders' equity; total revenue and income, pre-tax accounting profit, post-tax corporate income profit, taxes, and other payments to the State; average income of employees.

2. Before June 30 each year, state-owned limited liability companies directly serving defense and security held 100% of the registered capital by the Ministry of National Defense and the Ministry of Public Security shall be responsible for preparing and announcing information in accordance with clause 1 of this Article, updating electronic forms on the enterprise's website as prescribed in Decree No. 47/2021/NĐ-CP; and simultaneously sending the announcement report to the representative body of the owner for publication on the electronic portal of the representative body of the owner in accordance with clause 2 Article 25 of Decree No. 47/2021/NĐ-CP.

Chapter V
IMPLEMENTING PROVISIONS

Article 15. Effectiveness of enforcement and transitional provisions

1. This Decree takes effect from the date of issuance.

2. This Decree replaces and abolishes the provisions on defense and security enterprises in Clause 1, Article 1, Clause 2, Article 2, Articles 13 to 19, Clause 1, Article 23, Clause 3, Article 30, Clause 3, Article 34, Clauses 1 and 2, Article 35 of Decree No. 47/2021/NĐ-CP.

3. Enterprises that have been recognized or re-recognized as defense and security enterprises according to Decree No. 93/2015/NĐ-CP dated October 15, 2015 of the Government on the organization, management, and operation of defense and security enterprises shall implement the policies applicable to enterprises and workers directly serving defense and security as stipulated in this Decree until the end of three years from the date of the recognition or re-recognition decision for defense and security enterprises. Enterprises that have been recognized or re-recognized as defense and security enterprises according to Decree No. 47/2021/NĐ-CP shall implement the policies applicable to enterprises and workers directly serving defense and security as stipulated in this Decree until the end of five years from the date of the recognition or re-recognition decision for defense and security enterprises.

Article 16. Responsibility for Implementation

1. The Ministry of Finance shall take the lead and coordinate with the Ministry of Labor, Invalids and Social Affairs, the Ministry of National Defense, and the Ministry of Public Security to guide the implementation of financial support from the state budget as provided for in Points b, c, d, đ, e of Clause 1, Article 7 of this Decree.

2. The Ministry of National Defense and the Ministry of Public Security shall guide the implementation of reporting systems, information disclosure, inspection, and supervision for enterprises directly serving defense and security, and enterprises combining economic activities with defense and security; standards, conditions, procedures for appointing, dismissing, removing, rewarding, and disciplining managers, Supervisors, and Chairpersons of Supervisory Boards of enterprises directly serving defense and security, and managers, Supervisors, Chairpersons of Supervisory Boards, and representatives of state capital at enterprises combining economic activities with defense and security; the assignment of tasks and placing orders for enterprises; prices, unit prices, or costs for producing and supplying defense and security products and services and defense and security missions as stipulated in this Decree.

3. The Ministry of Planning and Investment shall be responsible for monitoring and evaluating the implementation of the provisions of this Decree.

4. Organizations and individuals related to the management and operation of enterprises directly serving defense and security and enterprises combining economic activities with defense and security; the implementation of information disclosure for state-owned enterprises shall be responsible for enforcing this Decree.

Appendix

LIST OF INDUSTRIES, SECTORS OR AREAS SERVING

NATIONAL DEFENSE AND SECURITY BY ENTERPRISES

DIRECTLY SERVING NATIONAL DEFENSE AND SECURITY

(Attached to Decree No.: 16/2023/NĐ-CP dated April 25, 2023 of the Government)

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1. Production and supply of explosives and explosive materials for national defense and security.

2. Production and supply of chemicals and chemical materials specialized for national defense and security.

3. Research, production, repair, and improvement of weapons, equipment, and auxiliary tools for national defense and security; technical equipment, means, and secret cryptographic documents; dedicated technologies, products, services, and applications for cybersecurity protection; technical equipment, means, and dedicated cryptographic equipment; provision of communication services for national defense and security.

4. Transfer of technology, military trade, and import and export of weapons, equipment, and military technical equipment, security equipment, and specialized cryptographic equipment.

5. Publishing, printing, and distribution of professional documents, political, military, and security books and newspapers with state confidentiality requirements; documents listed in the State Secrets Directory in the fields of national security, public order, and social safety as prescribed by the Government.

6. Production and supply of products, materials, and special military uniforms, fuel, and lubricants for national defense and security.

7. Management and provision of aviation services, marine economic services, surveying, and mapping services for defense and security missions.

8. Repair and construction of new ships, boats, and aircraft for national defense and security.

9. Survey, design, construction, and repair of defense and security facilities.

10. Implementation of tasks and activities in strategic areas as decided by the Prime Minister: border areas, islands, seas, economic zones, and other areas as decided by the Prime Minister.

11. Implementation of defense and security tasks as decided by the Prime Minister and the Ministers of National Defense and Public Security.