Decree No. 259/2025/NĐ-CP on Strategic Trade Control

DECREE

On Strategic Trade Control 

   Pursuant to the Law on Government Organization No. 63/2025/QH15;

   Pursuant to the Law on Foreign Trade Management number 05/2017/QH14;

   Pursuant to the Commercial Law No. 36/2005/QH11;

   Pursuant to the Investment Law No. 61/2020/QH14; 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 Electricity Law, the Enterprise Law, the Special Consumption Tax Law, and the Civil Enforcement Law No. 03/2022/QH15;

   In accordance with the proposal of the Minister of Industry and Trade The Government issues this Decree;

on strategic trade control. This Decree stipulates the management of export, temporary import for re-export, transshipment, transit, and through-transportation of strategic trade goods. 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree applies to traders exporting, temporarily importing for re-export, transshipping, transiting, and through-transporting strategic trade goods; relevant agencies and organizations.

Article 2. Applicability

Article 1. Strategic trade goods are weapons of mass destruction, conventional weapons, and dual-use goods used for developing, producing, or using weapons of mass destruction and conventional weapons.

Article 3. Explanation of Terms

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

Article 2. Dual-use goods are goods commonly used for civilian purposes but can also be used for developing, producing, or using weapons of mass destruction and conventional weapons.

Article 3. End-user is an organization or individual outside or within the territory of Vietnam who receives and is the final user of strategic trade goods.

Article 4. Weapons of mass destruction are types of weapons specified in Clause 1, Article 4 of the Government's Decree No. 81/2019/NĐ-CP on preventing and combating the proliferation of weapons of mass destruction.

Article 5. Organizations and individuals designated are those specified in Clause 15, Article 4 of the Government's Decree No. 81/2019/NĐ-CP on preventing and combating the proliferation of weapons of mass destruction.

Article 6. Internal compliance program is a set of procedures established by traders participating in export, temporary import for re-export, transshipment, transiting, and through-transportation of strategic trade goods to organize and enforce internally to ensure compliance with the provisions of this Decree and other related legal regulations concerning strategic trade control activities.

Article 7. Technical and technological characteristics are information reflecting features, capabilities, application scope, technical parameters, structure, design, technical documentation describing the product or technology.

MANAGEMENT OF STRATEGIC TRADE GOODS

Chapter II

Article 4. Principles of managing strategic trade goods

1. Strategic trade goods must comply with the provisions of this Decree and current laws and regulations on foreign trade management, commerce, specialized laws, tax laws, customs laws, and other relevant laws.

2. Traders conducting export, temporary import for re-export, transshipment, transiting, and through-transportation of dual-use goods as specified in Clause 3, Article 7 of this Decree must have a Permit (except for cases serving defense and security purposes).

3. In case there is information suggesting that goods may be used for producing or using weapons of mass destruction or the end-user of the goods is listed in the Designated Entities List, the trader must have a Permit when exporting, temporarily importing for re-export, transshipping, transiting, and through-transporting such goods, even if the goods are not included in the list specified in Article 7 of this Decree.

4. In necessary cases, to implement international commitments or agreements in bilateral Agreements, the Ministry of Industry and Trade decides to apply licensing measures for export, temporary import for re-export, transshipment, transiting, and through-transportation of goods not covered by Clauses 2 and 3 of this Article.

5. Traders exporting, temporarily importing for re-export, transshipping, and through-transporting weapons of mass destruction and conventional weapons shall comply with current legal regulations on preventing and combating the proliferation of weapons of mass destruction and laws on the management and use of weapons, explosives, and auxiliary tools.

5. Exporters, temporary import for re-export, transshipment, and transit of weapons of mass destruction and conventional weapons shall comply with current regulatory legal documents on preventing and combating the proliferation of weapons of mass destruction and the laws on the management and use of weapons, explosives, and auxiliary tools.

Article 5. Provisions on the Internal Compliance Program

1. Exporters, temporary import for re-export, transshipment, transit traders of strategic goods are encouraged to establish and implement the Internal Compliance Program.

2. The Internal Compliance Program includes the following procedures:

a) Commitment of responsibility of the trader, responsibility of the business owner, responsibility of departments and employees regarding the control of strategic trade as prescribed by law.

b) Procedure for reviewing end-users and purposes of use of goods in transactions.

c) Procedure for regularly updating legal regulations on the control of strategic trade by the trader.

d) Internal training procedure related to this field.

đ) Information and document retention procedure.

e) Notification obligation procedure.

Requirements for the procedures in the Internal Compliance Program are stipulated in Appendix II of this Decree.

3. A trader who has implemented the Internal Compliance Program for two years or more and has been confirmed by the Ministry of Industry and Trade shall be considered for issuance of export, temporary import for re-export, transshipment, transit permits according to the time limit specified in Clause 3, Article 8 of this Decree.

Article 6. Responsibilities of the Trader

Exporters, temporary import for re-export, transshipment, transit traders of strategic goods have the responsibility to:

1. Comply with regulations on the management of export, temporary import for re-export, transshipment, transit of strategic goods as prescribed in this Decree and current laws on foreign trade management, trade, specialized laws, tax laws, customs laws, and other relevant laws.

2. Bear the responsibility to report to the Ministry of Industry and Trade and the Ministry of National Defense when discovering or suspecting that goods traded by the trader may be directly or indirectly used for the production or use of weapons of mass destruction.

3. Bear the responsibility to report to the Ministry of Industry and Trade and the Ministry of National Defense when discovering or suspecting that the recipient or final user of the goods traded by the trader belongs to the List of organizations and individuals designated.

4. Retain documents and information related to strategic goods, organize work and provide files and documents upon request of the licensing authority and related agencies when such authorities conduct inspections to enforce the provisions of this Decree.

Chapter III

EXPORT, TEMPORARY IMPORT FOR RE-EXPORT, TRANS-SHIPMENT,

TRANSIT OF DUAL USE GOODS

Article 7. List of Dual-Use Goods

1. The list of dual-use goods for export, temporary import for re-export, transshipment, transit under licenses as prescribed in Appendix I attached to this Decree.

2. The bases for management requirements, regulations on items and division of responsibilities in Appendix I of this Decree, exchange and unify with the Ministries of National Defense, Public Security, Foreign Affairs, Finance to announce detailed lists of dual-use goods within the scope of management of the ministries, accompanied by HS codes and technical characteristics of the goods.

3. Only goods with HS codes, descriptions, and technical characteristics matching those specified in the detailed list of dual-use goods within the scope of management of the ministries as prescribed in Clause 2 of this Article fall under the scope of management under licenses as prescribed in Clause 2 of Article 4 of this Decree.

Article 8. Issuance of licenses for dual-use goods

1. Ministries assigned pursuant to Appendix I of this Decree (hereinafter referred to as licensing authorities) shall be responsible for issuing export licenses, temporary import re-export, transshipment, transit, and through-transportation permits for dual-use goods in accordance with Clause 2 of Article 4 of this Decree.

2. The Ministry of Industry and Trade shall take the lead and coordinate with relevant ministries and equivalent agencies to issue export licenses, temporary import re-export, transshipment, transit, and through-transportation permits for goods in accordance with Clause 3 of Article 4 of this Decree.

3. Export licenses, temporary import re-export, transshipment, transit, and through-transportation permits for dual-use goods include two types:

a) Batch-specific license.

b) Time-limited license.

4. A time-limited license shall be considered and applied to traders who have been confirmed by the Ministry of Industry and Trade to implement the Internal Compliance Program in accordance with Clause 3 of Article 5 of this Decree.

5. Validity of licenses

a) A time-limited license is valid for 12 months from the date of issuance and does not limit the quantity of dual-use goods exported, temporarily imported re-exported, transshipped, transited, or through-transported under the License during its validity period.

b) A batch-specific license is valid for three months from the date of issuance.

Article 9. Documents and procedures for issuing export licenses, temporary import re-export, transshipment, transit, and through-transportation permits for dual-use goods

1. Depending on the management division specified in Appendix I of this Decree, traders shall submit one set of application documents for export licenses, temporary import re-export, transshipment, transit, and through-transportation permits for dual-use goods directly or via postal service or online to the licensing authority. The documents include:

a) An application form for export licenses, temporary import re-export, transshipment, transit, and through-transportation permits for dual-use goods according to the model attached at Appendix III of this Decree (one original copy).

b) A commitment letter from the importer or final user stating that the goods will not be used for the production of weapons of mass destruction and will not be provided to designated organizations or individuals (one original copy in English and one translated copy in Vietnamese, both copies certified by the trader applying for the license).

c) Relevant documents related to the batch of dual-use goods: export contracts, temporary import re-export, transit, transshipment, and through-transportation contracts; permits from competent authorities as prescribed by current regulations (if applicable) (one copy).

d) Reports on the export, temporary import re-export, transshipment, transit, and through-transportation of dual-use goods under previously issued licenses according to the model attached at Appendix IV of this Decree (one original copy) (except in cases where the trader applies for a time-limited license).

đ) Decision of the Ministry of Industry and Trade confirming the implementation of the Internal Compliance Program as stipulated in Clause 3 of Article 5 of this Decree (only applicable to cases where the trader applies for a time-limited license).

2. In case the submitted documents are incomplete or do not comply with regulations, within five working days from the date of receipt of the documents, the licensing authority shall notify the trader in writing to supplement and complete the documents.

3. If necessary, within five working days from the date of receipt of complete and compliant documents, the licensing authority shall send the documents to the relevant ministry for comments.

Within seven working days from the date of receipt of the request for comments from the licensing authority, the relevant ministry shall examine the documents and provide a written response.

4. Within seven working days from the date of receipt of complete documents as prescribed or from the date of receipt of the written response from the relevant ministry, the licensing authority shall consider issuing the License to the trader or provide a written refusal to issue the License, specifying the reasons.

5. In case of amending or supplementing the License:

a) The trader shall submit one set of documents including a written request for amendment or supplementation of the License along with relevant supporting documents to the licensing authority.

b) In case the submitted documents are incomplete or do not comply with regulations, within five working days from the date of receipt of the documents, the licensing authority shall notify the trader in writing (or online) to supplement and complete the documents.

c) Within seven working days from the date of receipt of complete documents as prescribed, the licensing authority shall consider amending or supplementing the License for the trader or provide a written notification refusing amendment or supplementation, specifying the reasons.

6. In case of reissuing due to loss, misplacement, or damage of the License

a) The trader shall submit one set of documents including a written request for reissuance of the License along with relevant supporting documents (if any) to the licensing authority.

b) Within five working days from the date of receipt of complete documents as prescribed, the licensing authority shall consider reissuing the License for the trader or provide a written notification refusing reissuance, specifying the reasons.

Article 10. Revocation of Export Permit, Temporary Import for Re-export, Transshipment, Transit, and Transit of Dual-use Goods

The issuing authority shall issue a document to revoke the Export Permit, Temporary Import for Re-export, Transshipment, Transit, and Transiting of dual-use goods that have been granted to traders in the following cases:

1. Discovering that the trader has made false or inaccurate declarations related to the application for the Export Permit or has not complied with the terms of the Export Permit.

2. Receiving information from relevant agencies and organizations about the trader's violation of regulations on preventing the proliferation of weapons of mass destruction or breaches of related international agreements and treaties.

3. When there is a change in national security policy or when implementing United Nations Security Council Resolutions.

Article 11. Confirmation of Implementation of Internal Compliance Program

1. A trader who has implemented the Internal Compliance Program for at least two years and wishes to confirm the implementation of the Internal Compliance Program shall submit one set of application documents directly, via postal service, or online to the Ministry of Industry and Trade.

2. The application documents for confirmation of implementation of the Internal Compliance Program include:

a) An application form for confirmation of implementation of the Internal Compliance Program according to Appendix V of this Decree (one original copy).

b) A description of the internal control system of the enterprise, which must demonstrate compliance with and implementation of the Internal Compliance Program stipulated in Article 10 of this Decree over the past two years (one original copy signed by the person signing the Application Form).

c) A report on the implementation of export, temporary import for re-export, transshipment, transit, and transiting of dual-use goods over the past two years, according to Appendix VI of this Decree (one original copy signed by the person signing the Application Form).

Article 12. Procedure for Confirmation of Implementation of the Internal Compliance Program

1. In case the application documents are incomplete or non-compliant, within five working days from the date of receipt of the documents, the Ministry of Industry and Trade shall notify the applicant in writing (or online) to supplement and complete the documents.

2. Within seven working days from the date of receipt of complete and compliant documents, the Ministry of Industry and Trade shall lead and coordinate with relevant ministries as assigned in Appendix I of this Decree to conduct an on-site inspection of the trader’s production and business premises.

3. Within seven working days from the end of the on-site inspection of the production and business premises, the Ministry of Industry and Trade shall issue a Decision confirming the implementation of the Internal Compliance Program or issue a document rejecting the confirmation, stating the reasons.

4. The Decision confirming the implementation of the Internal Compliance Program shall be valid for five years.

Article 13. Amendment and Supplement of Information in the Decision Confirming Implementation of the Internal Compliance Program

1. In case a trader who has been confirmed to implement the Internal Compliance Program experiences changes in information, the trader shall be responsible for submitting one application for amendment and supplementation of information according to Appendix VII of this Decree along with relevant supporting documents. The application shall be submitted directly, via postal service, or online to the Ministry of Industry and Trade within seven working days from the date of the information change.

2. In case the application documents are incomplete or non-compliant, within five working days from the date of receipt of the documents, the Ministry of Industry and Trade shall notify the applicant in writing (or online) to supplement and complete the documents.

3. Within seven working days from the date of receipt of complete and compliant documents, the Ministry of Industry and Trade shall issue a Decision amending and supplementing the information or send a document notifying the refusal to amend and supplement, stating the reasons.

Article 14. Revocation of Decision Confirming Implementation of Internal Compliance Program

The Ministry of Industry and Trade shall issue a decision to revoke the Decision confirming the implementation of the internal compliance program in the following cases:

1. The trader provides incorrect information in the application dossier.

2. The trader does not meet the requirements for the internal compliance program as stipulated in Article 5 of this Decree.

3. The trader has their permit revoked for dual-use goods according to the provisions of Article 10 of this Decree.

4. The trader is dissolved or declared bankrupt by a court.

5. The trader fails to fulfill the reporting obligation as prescribed in Article 15 of this Decree within fifteen working days from the date the Ministry of Industry and Trade issues a reminder notice.

Article 15. Responsibilities of Exporters, Temporary Import Re-exporters, Transshipment, Through-shipping, and Transit Traders of Dual-use Goods

In addition to implementing the provisions of Article 6 of this Decree, traders licensed for export, temporary import re-export, transshipment, through-shipping, and transit of dual-use goods must comply with the following regulations:

1. Bear legal responsibility for the accuracy and truthfulness of the application dossier and documents submitted to the licensing authority for dual-use goods.

2. Organize work and provide dossiers and documents upon request of the licensing authority and related agencies when they conduct inspections on the implementation of this Decree.

3. Be responsible for storing relevant dossiers and certificates related to licensed goods for at least five years to present to authorized authorities when requested.

4. Report to the Ministry of Industry and Trade in writing before January 30 each year regarding the situation of export, temporary import re-export, transit, transshipment, and through-shipping of dual-use goods according to the model attached as Appendix VI of this Decree.

Chapter IV

IMPLEMENTATION AND EFFECTIVE PROVISIONS

Article 16. Responsibilities of Ministries and Agencies Equivalent to Ministries

In addition to the responsibilities prescribed in this Decree and other current laws, the ministries and agencies equivalent to ministries: Industry and Trade, Finance, Foreign Affairs, National Defense, Construction, Health, Science and Technology, State Bank of Vietnam have the following responsibilities:

1. Ministry of Industry and Trade

a) Lead and coordinate with relevant ministries and agencies to establish the list of dual-use goods under its management; organize the issuance of permits for dual-use goods under its management and provide information on permit issuance to customs authorities for coordinated management.

b) Lead and coordinate with relevant ministries and agencies to monitor the implementation of the internal compliance program by traders, providing the licensing authority with information on traders confirmed to have an internal compliance program as stipulated in Article 11 of this Decree.

c) Lead and coordinate with relevant ministries and agencies to organize activities to promote awareness and guidance for enterprises, organizations, and individuals to understand and implement regulations on strategic trade control.

d) Monitor and trace information on the control of dual-use goods under the management of the Ministry of Industry and Trade.

2. Ministry of Science and Technology, Ministry of Health, Ministry of Construction:

a) Lead and coordinate with relevant ministries and agencies to establish the list of dual-use goods under their management; organize the issuance of permits for dual-use goods under their management and provide information on permit issuance to the Ministry of Industry and Trade and customs authorities for coordinated management.

b) Monitor and trace information on strategic trade control under their management.

3. Ministry of Finance

a) Coordinate with relevant ministries and agencies to promulgate the Harmonized System (HS) code for goods accompanying the list of dual-use goods.

b) Direct the General Department of Customs to supervise the export, temporary import re-export, transshipment, through-shipping, and transit of strategic trade goods at the border.

c) Direct the General Department of Customs to cooperate with relevant ministries and sectors to train customs officers on their ability to identify and determine goods subject to strategic trade control.

d) Direct the General Department of Customs to cooperate with foreign customs authorities to implement international treaties and agreements on cooperation in strategic trade control.

4. State Bank of Vietnam

Direct credit institutions to issue procedures for document control in international payments consistent with this Decree and related legal instruments concerning the prevention and proliferation of weapons of mass destruction.

5. Ministry of Foreign Affairs

a) Receive information related to strategic trade goods through diplomatic channels to transfer and coordinate with licensing authorities and domestic agencies to resolve matters within their jurisdiction.

b) Promote international cooperation within the framework of this Decree.

6. Ministry of National Defense

Lead the establishment, publication, and provision to licensing authorities of a list of organizations and individuals designated as being involved in the proliferation and financing of weapons of mass destruction.

Article 17. Implementation Organization

1. Based on the provisions of this Decree, ministries and agencies equivalent to ministries shall detail the list of dual-use goods under their management to guide the implementation of this Decree.

2. Within six months from the effective date of this Decree, licensing authorities specified in this Decree shall be responsible for coordinating with the Ministry of Finance to implement permits on the National Single Window Portal.

3. The Ministry of Industry and Trade shall lead and coordinate with relevant ministries and agencies to inspect the implementation of the provisions of this Decree.

Article 18. Effective Date

1. This Decree takes effect from October 10, 2025.

2. Ministers, Heads of agencies equivalent to ministries, Heads of government agencies, Chairpersons of provincial People's Committees directly under the central government, and related agencies, organizations, and individuals are responsible for enforcing this Decree.