Decree No. 81/2019/ND-CP stipulates measures for preventing and combating the proliferation of weapons of mass destruction for agencies, organizations, and individuals throughout the country. It applies to Vietnamese citizens, ships and aircraft flying the Vietnamese flag, international organizations operating within Vietnam's territory, and other entities according to international treaties. The Decree sets out principles, policies, measures, forces, and means for preventing and combating the proliferation of weapons of mass destruction; responsibilities of agencies, organizations, and individuals in this activity.
Scope of application
Vietnamese citizens, Vietnamese agencies and organizations, ships and aircraft flying the Vietnamese flag, international organizations, foreign organizations, foreigners residing and operating within Vietnam's territory, and other entities according to international treaties.
Key points
- Vietnamese citizens, Vietnamese agencies and organizations, and ships and aircraft flying the Vietnamese flag must comply with this Decree when operating within Vietnam's territory (Article 2).
- The Decree defines terms such as weapons of mass destruction, proliferation of weapons of mass destruction, and related materials (Article 4).
- The National Coordination Agency is the Ministry of National Defense, tasked with advising the Government on organizing and implementing United Nations Security Council resolutions and relevant international treaties (Article 10).
- Ministries, sectors, and localities have the responsibility to coordinate in carrying out tasks for preventing and combating the proliferation of weapons of mass destruction within their jurisdiction and areas of responsibility (Article 28).
- The Decree stipulates control measures for transportation activities, publishing, press, postal services, telecommunications, and other forms of information dissemination to prevent the proliferation of weapons of mass destruction (Articles 17-19).
🌐 Social impact of this document
- Positive impact: Enhancing national security, protecting state interests, and legitimate rights of agencies, organizations, and individuals.
- Negative impact: May impose financial burdens on businesses due to compliance with complex regulations related to asset management and business operations.
- Beneficiaries: The Government, military forces, police, and state agencies responsible for preventing and combating the proliferation of weapons of mass destruction.
❓ Frequently asked questions
Who does this Decree apply to?
This Decree applies to Vietnamese citizens, Vietnamese agencies and organizations, ships and aircraft flying the Vietnamese flag, international organizations, foreign organizations, foreigners residing and operating within Vietnam's territory (Article 2).
Which agencies are responsible for preventing and combating the proliferation of weapons of mass destruction?
The National Coordination Agency is the Ministry of National Defense. Other ministries and sectors such as the Ministry of Public Security, the Ministry of Foreign Affairs, and the State Bank of Vietnam also have responsibilities to coordinate in implementing measures as prescribed by this Decree (Articles 28-39).
What terms related to weapons of mass destruction does this Decree define?
This Decree defines terms such as weapons of mass destruction, proliferation of weapons of mass destruction, and related materials (Article 4).
Which agency is the National Coordination Agency for preventing and combating the proliferation of weapons of mass destruction?
The National Coordination Agency is the Ministry of National Defense. The Chemical Command under the Ministry of National Defense serves as the permanent body of the National Coordination Agency (Article 10).
What activities does this Decree regulate to prevent the proliferation of weapons of mass destruction?
This Decree regulates control measures for transportation activities, publishing, press, postal services, telecommunications, and other forms of information dissemination to prevent the proliferation of weapons of mass destruction (Articles 17-19).
Full text
DECREE
ON PREVENTING AND COMBATING THE SPREAD OF WEAPONS OF MASS DESTRUCTION
||| Pursuant to the Law on Organization of the Government dated June 19, 2015;
Pursuant to the ASEAN Framework Agreement on Facilitation of Intra-Regional Land Transport signed on December 10, 2009;
Pursuant to Resolution 1540 of the United Nations Security Council dated April 28, 2004;
Pursuant to Recommendation 40 of the Financial Action Task Force on Anti-Money Laundering issued in February 2012;
"Based on the proposal of the Minister of National Defense;"
The Government promulgates this Decree on preventing and combating the spread of weapons of mass destruction.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Decree stipulates principles, policies, measures, forces, means for preventing and combating the spread of weapons of mass destruction; responsibilities of agencies, organizations, and individuals in activities related to preventing and combating the spread of weapons of mass destruction.
Article 2. Applicability
This Decree applies to citizens, agencies, and organizations of Vietnam; vessels flying the flag of Vietnam and aircraft bearing the nationality of Vietnam regardless of their location; international organizations, foreign organizations, and foreigners residing or operating within the territory of Vietnam; in cases where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise, such treaties shall be followed.
Article 3. Application of the Decree on Preventing and Combating the Spread of Weapons of Mass Destruction, relevant laws, and international treaties
Activities to prevent and combat the spread of weapons of mass destruction shall be carried out in accordance with the provisions of this Decree and other relevant legal regulations, international treaties to which the Socialist Republic of Vietnam is a party concerning the prevention and combating of the spread of weapons of mass destruction, and related resolutions adopted by the United Nations Security Council under Chapter VII of the United Nations Charter.
Article 4. Definitions
In this Decree, the following terms are understood as follows:
1. Weapons of mass destruction, also known as large-scale destructive weapons, are types of weapons manufactured or produced with high lethality over wide areas, capable of causing extensive destruction, significant losses in manpower, technical equipment, infrastructure, ecological environment, and psychological and mental panic among people, including nuclear weapons, radiological weapons, chemical weapons, biological weapons, and other weapons with similar characteristics to weapons of mass destruction.
2. Nuclear weapons are weapons based on the use of energy released from uncontrolled nuclear fission and fusion reactions. Main lethal factors include shock waves, optical radiation, penetrating radiation, radioactive contamination, and electromagnetic pulses; nuclear ammunition, delivery vehicles, and control systems are integral parts of nuclear weapons.
3. Radiological weapons are weapons that use radioactive materials to cause damage through ionizing radiation, contaminating the surrounding environment, technical equipment, and other objects. Radioactive materials can be obtained from nuclear reactor products or artificially prepared. Radiological weapons include ammunition containing radioactive materials, delivery vehicles, or other dispersal devices. Radiological weapons act through external and internal exposure to radiation, causing damage to body parts and causing radiation sickness.
4. Chemical weapons are weapons based on the highly toxic and rapid impact properties of chemicals. Chemical weapons include toxic chemicals and delivery means such as ammunition and delivery vehicles for transporting toxic chemicals to targets. Chemical weapons have a broad impact range both in terms of lethality and spatial and temporal effects; they are highly effective, difficult to detect in time, making prevention, combating, and remediation complex and challenging; they cause significant damage to the ecological environment and have adverse effects on human life and health.
5. Biological weapons are weapons based on the pathogenic or transmissible properties of biological agents that cause widespread disease in humans, animals, and plants. Components of biological weapons include pathogens such as bacteria, viruses, fungi, toxins, and delivery means such as ammunition and delivery vehicles for transporting biological agents to targets.
6. Spreading weapons of mass destruction
a) Is an activity that disseminates knowledge, scientific research results, precursor materials, and related materials of state or non-state entities aimed at implementing activities related to weapons of mass destruction as specified in point b of this clause;
b) Activities related to weapons of mass destruction include: research, development, production, possession, acquisition, storage, development, transportation, sale, supply, transfer, technology transfer, export, import, transit, and use of weapons of mass destruction or related activities as defined in relevant United Nations Security Council resolutions; or providing technical training, consultation, services, brokerage, and support related to any activity identified herein.
7. Materials related to weapons of mass destruction (hereinafter referred to as related materials) are items, materials, equipment, goods, or technologies, including dual-use materials, technologies, and equipment related to activities specified in point b of Clause 6 of this Article, or as defined in United Nations documents and resolutions adopted under Chapter VII of the United Nations Charter concerning the prevention, elimination, and disruption of the spread and financing of weapons of mass destruction.
8. Dual-use materials, technologies, and equipment are materials, technologies, and equipment that can be used for civilian purposes or for the production, trade, transportation, and other activities related to weapons of mass destruction.
9. Precursors are single substances or compounds playing a decisive role in any stage of a technological process to produce chemical, biological, radiological, or nuclear agents that pose a threat to human life, health, and the environment.
10. Financing the spread of weapons of mass destruction is an activity of providing money, assets, or financial support to state or non-state entities for the purpose of spreading weapons of mass destruction.
11. Preventing and combating the proliferation of weapons of mass destruction includes diplomatic, economic, military, security, law enforcement, intelligence, international cooperation, scientific research activities, and other actions aimed at preventing, detecting, stopping, handling, responding to, mitigating the consequences of the proliferation and financing of weapons of mass destruction, reducing risks or dangerous agents, and working towards the elimination of weapons of mass destruction.
12. Property as defined by the Civil Code and the Law on Prevention and Combating Money Laundering.
13. Property related to the proliferation and financing of the proliferation of weapons of mass destruction includes:
a) Property under the ownership or right of possession, use, disposal, direct or indirect control, in part or in whole, of organizations or individuals listed for designation;
b) Property arising from property under the ownership or right of possession, use, disposal, direct or indirect control, in part or in whole, of organizations or individuals listed for designation;
c) Property under the ownership or right of possession, use, disposal, control of organizations or individuals authorized to act on behalf of or under the management of organizations or individuals listed for designation;
d) Property used or intended for use in the proliferation and financing of the proliferation of weapons of mass destruction or property obtained from acts of proliferation and financing of the proliferation of weapons of mass destruction;
đ) Property used or intended for use in the proliferation and financing of the proliferation of weapons of mass destruction obtained from acts of theft or other violations of the law;
14. Account means:
a) Any form or agreement that a financial institution accepts deposits of assets; allows withdrawal or transfer of assets; makes payments, deposits, withdrawals on anonymous transfer instruments on behalf of any person; provides safe deposit boxes or any other form of safe deposit;
b) Any account closed or inactive or with zero balance.
15. Designated organization or individual refers to a group of people, a person, a legal entity, or a subject involved in the proliferation and financing of the proliferation of weapons of mass destruction listed in resolutions or notifications issued by the United Nations Security Council under Chapter VII of the United Nations Charter or established by competent authorities of Vietnam.
16. Establishing a list of designated organizations or individuals involves the establishment, removal, publication of lists; proposing inclusion or removal from the list of designated organizations or individuals; receiving and processing requests from other countries regarding the determination of related or unrelated organizations or individuals to the proliferation and financing of the proliferation of weapons of mass destruction.
Article 5. Principles of preventing and combating the proliferation of weapons of mass destruction
1. Compliance with the Constitution and laws; ensuring independence, sovereignty, unity, territorial integrity, state interests, rights, and legitimate benefits of agencies, organizations, and individuals; compliance with international treaties to which the Socialist Republic of Vietnam is a member; proactively preventing, detecting, stopping, fighting, and handling acts of proliferation and financing of the proliferation of weapons of mass destruction; combining prevention and combating the proliferation and financing of the proliferation of weapons of mass destruction with economic and social development, national defense, and security.
2. Coordination in handling and resolving work on preventing and combating the proliferation of weapons of mass destruction must be cautious, proactive, timely, and ensure unified state management over national security, social order and safety, and defense tasks according to centralized and unified direction and administration by the Government; ensuring close coordination among law enforcement forces in carrying out tasks of ministries, sectors, localities according to their functions, responsibilities, powers, and organizational structure in accordance with relevant laws.
3. The rights and interests of third parties' property are respected and protected in accordance with the law; compensation for property damage and interests of individuals and organizations caused by unlawful acts of competent agencies and organizations during the implementation of measures to prevent and combat the proliferation of weapons of mass destruction must be provided in accordance with the law; violations concerning the prevention and combating of the proliferation of weapons of mass destruction and property related to weapons of mass destruction shall be handled in accordance with the law.
Article 6. Policy on Prevention and Combating the Proliferation of Weapons of Mass Destruction
1. The State creates conditions to develop initiatives aimed at preventing research, development, production, storage, and use of weapons of mass destruction, and severely punishes all acts of proliferation and financing of proliferation of weapons of mass destruction; uses comprehensive measures to organize prevention and combating the proliferation of weapons of mass destruction; propagandizes and mobilizes organizations and individuals to participate in prevention and combating the proliferation of weapons of mass destruction in accordance with this Decree and relevant laws.
2. The State has policies to support activities related to scientific and technological research and application serving prevention and combating the proliferation of weapons of mass destruction; invests in equipment, technical means, professional operations, and ensures systems and policies for forces engaged in prevention and combating the proliferation of weapons of mass destruction in accordance with relevant laws.
3. The State has policies and measures to protect organizations and individuals during their participation in prevention and combating the proliferation of weapons of mass destruction; in cases where they suffer injury, health damage, or loss of life, they or their dependents will enjoy benefits and policies in accordance with the law. Organizations and individuals whose assets are mobilized for prevention and combating the proliferation of weapons of mass destruction, if suffering losses, will be compensated in accordance with relevant laws.
4. Organizations and individuals who achieve success in prevention and combating the proliferation of weapons of mass destruction shall be rewarded in accordance with the law on competition and rewards.
Article 7. Inspection and Supervision
1. Inspection agencies of ministries, sectors, provincial People's Committees cooperate with the National Lead Agency, Inspection Units to inspect and supervise the implementation of work on prevention and combating the proliferation and financing of proliferation of weapons of mass destruction by organizations and individuals in accordance with this Decree, other relevant laws, and the results of national risk assessments regarding proliferation and financing of proliferation of weapons of mass destruction.
2. Surprise inspections shall be conducted when there is one of the following grounds:
a) Through their management functions, competent authorities discover information or documents indicating violations of the provisions of this Decree and relevant laws on prevention and combating the proliferation of weapons of mass destruction;
b) There are reports or accusations about acts of proliferation and financing of proliferation of weapons of mass destruction;
c) At the request of competent agencies or upon the request of the United Nations Security Council.
Article 8. Confidentiality of Information
1. Agencies, organizations, and individuals have the responsibility to protect state secrets related to work on prevention and combating the proliferation of weapons of mass destruction in accordance with the Law on Protection of State Secrets.
2. The National Lead Agency must comply with Vietnamese laws on protecting state secrets when exchanging, providing information, documents, and items carrying information on prevention and combating the proliferation of weapons of mass destruction to international organizations in accordance with the United Nations Security Council's regulations.
Article 9. Sources of funds
1. Funding for activities related to prevention and combating the proliferation of weapons of mass destruction is guaranteed by the State budget and used within the annual budget estimates of central ministries, agencies, and localities according to current classification levels. Budget preparation and settlement procedures are carried out in accordance with the State Budget Law and implementing guidelines.
2. Other legitimate sources of funding.
Chapter II
ORGANIZATION FOR PREVENTION AND COMBATING THE PROLIFERATION OF WEAPONS OF MASS DESTRUCTION
Article 10. The National Lead Agency of Vietnam and Units for Preventing and Combating the Proliferation of Weapons of Mass Destruction
1. The Ministry of National Defense is the National Lead Agency of Vietnam for implementing measures to prevent and combat the proliferation of weapons of mass destruction (hereinafter referred to as the National Lead Agency).
2. The Chemical Command under the Ministry of National Defense is the permanent office of the National Lead Agency; it represents the National Lead Agency in handling matters related to preventing and combating the proliferation of weapons of mass destruction as stipulated in Article 11 of this Decree and relevant laws; it advises the Minister of National Defense on the responsibilities of the Ministry of National Defense as prescribed in Article 29 of this Decree.
3. Ministries except the Ministry of Public Security and the State Bank of Vietnam, agencies at the ministerial level, and provincial People's Committees shall designate Counter-Terrorism Steering Committees of ministries, agencies at the ministerial level, and provincial People's Committees as Units for Implementing Tasks to Prevent and Combat the Proliferation of Weapons of Mass Destruction (hereinafter referred to as Units); Provincial Public Security Departments shall be the permanent offices of provincial Units.
Article 11. Responsibilities of the National Lead Agency
1. Advise the Government and the Prime Minister on organizing and implementing United Nations Security Council resolutions and international treaties to which the Socialist Republic of Vietnam is a member regarding the prevention and combat of the proliferation of weapons of mass destruction. 2. Receive and implement, guide ministries, sectors, and localities to carry out according to the provisions of the law, requirements of United Nations Security Council resolutions, or international treaties to which the Socialist Republic of Vietnam is a member regarding the prevention and combat of the proliferation of weapons of mass destruction, or as stipulated in this Decree.
3. Receive information suspected of being related to activities of proliferation and financing the proliferation of weapons of mass destruction from countries, international organizations, and reports from ministries, sectors, and localities; coordinate with relevant Units to verify and clarify and propose solutions for handling according to this Decree and relevant laws or United Nations Security Council resolutions; coordinate with the Ministry of Public Security, the State Bank of Vietnam, and guide Units to handle assets related to proliferation and financing the proliferation of weapons of mass destruction as follows:
a) Return to the rightful owner or lawful manager in cases where the asset has been wrongfully seized or illegally used in activities of proliferation and financing the proliferation of weapons of mass destruction;
b) Costs shall be used for essential expenses serving the livelihood of individuals whose assets have been temporarily suspended from circulation, frozen, detained, or processed, and costs for other legitimate obligations of organizations or individuals whose assets have been temporarily suspended from circulation, frozen, detained, or processed;
c) Release and return if organizations or individuals are removed from lists of designated entities or if they are mistakenly identified as such;
4. Receive information suspected of being related to materials concerning weapons of mass destruction from countries, international organizations, and reports from ministries, sectors, and localities; coordinate with the Ministry of Public Security, Units, and related agencies and organizations to verify and clarify and propose solutions for handling. In cases where suspected materials have dangerous characteristics and levels, lead specialized forces to cooperate with Units and agencies responsible for detecting, arresting, and determining the nature and level of danger of the materials; if there are hazardous factors of chemical, biological, radiological, or nuclear agents, lead cooperation with the entity that discovered them to process them according to specialized procedures to ensure safety for society; if there are no such hazardous factors, hand over to the agency responsible for detecting and arresting to process according to relevant laws.
5. Lead coordination with ministries, sectors, and localities based on their functions and tasks to implement United Nations Security Council resolutions adopted under Chapter VII of the United Nations Charter and international treaties to which the Socialist Republic of Vietnam is a member related to the prevention and combat of the proliferation of weapons of mass destruction, with the following responsibilities:
a) Maintain a clear public declaration on the website of the National Lead Agency about the obligations of this Decree applicable to all agencies, organizations, and individuals in Vietnam regarding the immediate suspension of circulation, detention, and freezing of assets without prior notice for the assets or assets related to weapons of mass destruction of designated organizations or individuals;
b) Immediately suspend circulation, detain, and freeze assets without delay and maintain implementation within 24 hours after the United Nations Security Council announces, the National Lead Agency will provide a direct link to the United Nations Security Council's website regarding the obligations for all agencies, organizations, and individuals in Vietnam to apply and regularly monitor that website to comply with the obligations for suspending circulation, detaining, and freezing assets;
c) Within 24 hours after the United Nations Security Council adopts, must notify the list of designated organizations and individuals to all ministries, agencies at the ministerial level, and provincial People's Committees so that they can instruct agencies, organizations, and individuals under their management to immediately implement the sanctions of the United Nations Security Council against designated organizations and individuals and take appropriate preventive measures according to this Decree;
d) Report to the Prime Minister to continue implementing United Nations Security Council resolutions; exchange information and ensure coordinated, tight, and effective cooperation among ministries, sectors, and localities to promptly implement sanctions related to preventing and combating the proliferation and financing of weapons of mass destruction;
đ) Receive reports on the implementation of measures to prevent and combat the proliferation of weapons of mass destruction from ministries, sectors, compile comprehensive reports The Prime Minister directs the continued implementation of the resolutions of the United Nations Security Council; exchange information and ensure synchronized, close, and effective coordination for ministries, sectors, and localities to implement without delay the measures of punishment related to preventing and stopping the proliferation and financing of the proliferation of weapons of mass destruction;
d) Receive reports on the implementation of measures to prevent and combat the proliferation of weapons of mass destruction from ministries, sectors, compile the report The Prime Minister shall submit the national report to the Sanctions Committee of United Nations Security Council Resolutions or other relevant international treaties to which Vietnam is a party.
e) Receive requests from other countries and coordinate with the focal units of ministries, sectors, and localities to determine organizations and individuals related or unrelated to the proliferation and financing of weapons of mass destruction; respond to other countries when verification results are available according to the law.
g) Receive relevant information and coordinate with the focal unit to include or remove organizations and individuals designated from the list; report to the Prime Minister and notify or recommend to the United Nations Security Council to include or remove organizations and individuals from the list and publicly announce the list of designated organizations and individuals as prescribed. The Prime Minister shall chair and coordinate with the focal units to inspect, supervise, and audit as stipulated in Article 7 of this Decree; recommend criminal, administrative, or civil proceedings against organizations and individuals who fail to comply with the law.
h) Chair and coordinate with the focal units to inspect, supervise, and audit as stipulated in Article 7 of this Decree; recommend criminal, administrative, or civil proceedings against organizations and individuals who fail to comply with the law.
Allow organizations and individuals on the list of designated entities to request delisting from the focal unit or notify individuals or organizations that have been designated to make direct requests to the national focal agency. In cases where organizations and individuals listed by the United Nations Security Council do not meet the criteria for determining them as organizations and individuals involved in the proliferation and financing of weapons of mass destruction as prescribed in United Nations Security Council resolutions based on Chapter VII of the United Nations Charter, chair and coordinate with relevant focal units to report. The Prime Minister shall consider and decide on requesting the competent authority of the United Nations to remove those organizations and individuals from the list of designated entities of the United Nations Security Council.
When receiving requests from other countries regarding the determination of organizations and individuals related or unrelated to the proliferation and financing of weapons of mass destruction, chair and coordinate with relevant focal units to verify and review. If there is legal basis to conclude that those organizations and individuals are related or unrelated to the proliferation and financing of weapons of mass destruction, issue a decision to include or exclude them from the list of designated entities and inform the requesting country.
When discovering organizations and individuals meeting the criteria for determining them as organizations and individuals involved in the proliferation and financing of weapons of mass destruction as prescribed in United Nations Security Council resolutions based on Chapter VII of the United Nations Charter, have the responsibility to chair and coordinate with relevant focal units to report. The Prime Minister shall consider and decide on requesting the United Nations and relevant countries to include those organizations and individuals in the list of designated entities.
When discovering Vietnamese organizations and individuals identified by other countries as involved in the proliferation and financing of weapons of mass destruction but not conforming to the criteria set out in United Nations Security Council resolutions based on Chapter VII of the United Nations Charter, chair and coordinate with relevant focal units to report. The Prime Minister shall issue a document requesting the United Nations and relevant countries to remove those organizations and individuals from the list of designated entities.
Chair and coordinate with ministries, agencies at the ministerial level, and provincial People's Committees to conduct a national risk assessment regarding the proliferation and financing of weapons of mass destruction every five years; examine trends in domestic and international activities related to the proliferation, financing, and associated crimes involving weapons of mass destruction to develop solutions for preventing and combating the proliferation of weapons of mass destruction; report to the Prime Minister and disseminate the results of the assessment and analysis to develop general guidelines, standards, and measures, including effective practices in preventing and combating the proliferation, financing, and illegal activities related to weapons of mass destruction for ministries, sectors, and localities; share information with international and regional organizations and other member states. Disseminate the results of the assessment and analysis to develop general guidelines, standards, and measures, including effective practices in preventing and combating the proliferation, financing, and illegal activities related to weapons of mass destruction for ministries, sectors, and localities; share information with international and regional organizations and other member states.
Article 12. Tasks of the Lead Unit
1. Advise the Heads of Ministries, ministerial-level agencies, Chairpersons of Provincial People's Committees on coordinating to implement, exchange information, urge, inspect, and guide work related to preventing and combating the proliferation of weapons of mass destruction within their jurisdiction and areas of responsibility.
2. Continuously update and receive information, and coordinate with the National Lead Agency to implement measures for preventing and combating the proliferation of weapons of mass destruction as prescribed in this Decree, relevant laws, or international treaties to which the Socialist Republic of Vietnam is a party regarding the prevention and combat of the proliferation of weapons of mass destruction.
3. Summarize and report to the Heads of Ministries, ministerial-level agencies, Chairpersons of Provincial People's Committees, and the National Lead Agency on the results of implementing the provisions of this Decree, relevant laws, and punitive measures required by resolutions of the United Nations Security Council or international treaties to which the Socialist Republic of Vietnam is a party regarding the prevention and combat of the proliferation of weapons of mass destruction.
4. Receive reports and take the lead in verifying, within their authority, organizations and individuals related or unrelated to the proliferation and financing of the proliferation of weapons of mass destruction; report to the Director of the Provincial Public Security Department to issue or revoke decisions to suspend circulation, freeze, seal, or temporarily detain money and assets related to activities of proliferation and financing of the proliferation of weapons of mass destruction; propose the National Lead Agency to include or remove from the list of designated organizations and individuals; perform other tasks when requested.
5. Coordinate with the National Lead Agency to inspect and audit according to Article 7 of this Decree; recommend criminal, administrative, or civil sanctions according to the law against organizations and individuals who do not comply.
6. Coordinate with the National Lead Agency and take the lead, coordinate with agencies, organizations, and individuals within the scope of ministries, ministerial-level agencies, and provincial people's committees under their management to assess national risks related to the proliferation and financing of the proliferation of weapons of mass destruction every five years.
Article 13. Coordination between the National Lead Agency and the Office of the National Steering Committee for Counter-Terrorism, the Office of the National Steering Committee for Anti-Money Laundering, and the Lead Units in Preventing and Combating the Proliferation of Weapons of Mass Destruction
1. Implement according to the principles stipulated in Clause 2, Article 5 of this Decree, the Law on Prevention and Combating Money Laundering, the Law on Prevention and Combating Terrorism, and other relevant laws.
2. The relationship between the National Lead Agency and the Office of the National Steering Committee for Counter-Terrorism and the Office of the National Steering Committee for Anti-Money Laundering is a cooperative relationship in performing tasks to protect national security, social order and safety, defense tasks, anti-money laundering, counter-terrorism, and preventing and combating the proliferation of weapons of mass destruction.
3. The National Lead Agency establishes an electronic information page on the Ministry of National Defense's portal website and a hot-line connecting to the Ministry of Public Security's portal website, the State Bank of Vietnam, and Lead Units to continuously update information and publish lists of designated organizations and individuals; through links with the United Nations Security Council's website to receive and exchange information on preventing and combating the proliferation and financing of the proliferation of weapons of mass destruction.
4. Ministries and Provincial People's Committees direct Lead Units within their management scope to be responsible for coordinating with the National Lead Agency to receive and transmit information on preventing the proliferation of weapons of mass destruction to agencies, organizations, and individuals within their management scope for implementation; report on the situation, status, policies, measures, results of implementation, inspections, handling of violations, and related information on preventing and combating the proliferation and financing of the proliferation of weapons of mass destruction; provide information for assessing national risks related to the proliferation and financing of the proliferation of weapons of mass destruction; plans and scenarios for training, detecting, and apprehending organizations and individuals engaging in the proliferation of weapons of mass destruction to handle promptly and avoid causing damage and dangerous consequences to society.
5. Information exchange must ensure timeliness, accuracy, and specificity through hot-lines, electronic information pages, or written documents implemented periodically every six months, annually, or urgently by the National Lead Agency, Lead Units, and related agencies and units.
Article 14. Forces and Means for Preventing the Proliferation of Weapons of Mass Destruction
1. Forces and means for preventing the proliferation of weapons of mass destruction include:
a) Agencies and units performing anti-terrorism tasks under the Ministry of National Defense and the Ministry of Public Security that are assigned to perform tasks related to preventing the proliferation of weapons of mass destruction according to this Decree and relevant laws;
b) Specialized forces and means for responding to and mitigating consequences related to nuclear, radiological, chemical, and biological incidents, belonging to the Ministry of National Defense and other forces specified in points c, d, and đ of this Article when required;
c) Scientists in fields such as nuclear, radiological, chemical, biological, medical, information technology, cybersecurity, finance, and non-financial professions related to these fields; experts in other related fields;
d) International organizations and experts;
đ) Other agencies, organizations, and individuals who can be mobilized to participate in preventing the proliferation of weapons of mass destruction.
2. The Minister of National Defense shall specify the duties and powers of agencies and units under their management as stipulated in points a and b of Clause 1 of this Article. The Minister of Public Security shall specify the duties and powers of agencies and units under their management as stipulated in point a of Clause 1 of this Article.
Chapter III
PREVENTION OF THE PROLIFERATION OF WEAPONS OF MASS DESTRUCTION
Article 15. Information, Propaganda, and Education on Preventing the Proliferation of Weapons of Mass Destruction
1. Authorities and persons with jurisdiction have the responsibility to provide information, propaganda, and education about efforts to prevent the proliferation of weapons of mass destruction in order to enhance awareness, responsibility, and effectiveness in preventing the proliferation of weapons of mass destruction among organizations and individuals within their scope of management.
2. Contents of information, propaganda, and education on preventing the proliferation of weapons of mass destruction include:
a) Risks, developments, situations, and financing of the proliferation of weapons of mass destruction; methods, activities, complexity, danger, and harmful effects of the proliferation and financing of weapons of mass destruction;
b) State viewpoints, policies, laws, measures, and experiences in preventing the proliferation of weapons of mass destruction;
c) Responsibilities of agencies, organizations, and individuals in preventing the proliferation of weapons of mass destruction and fulfilling obligations according to resolutions or announcements of the United Nations Security Council related to preventing the proliferation and financing of weapons of mass destruction;
d) Other necessary contents serving the requirements of preventing the proliferation of weapons of mass destruction.
3. Forms of Information and Propaganda
Implementation shall comply with the provisions of the law on popularizing legal education and information dissemination.
Article 16. State Management of Security and Order
1. Authorities and persons with jurisdiction for state management of security and order through their activities have the responsibility to proactively detect in a timely manner the plots, methods, and activities of organizations and individuals proliferating and financing the proliferation of weapons of mass destruction, and take appropriate measures to address them.
2. Measures to prevent the proliferation and financing of weapons of mass destruction through state management of security and order include:
a) Management of residence registration, identity cards, and citizen identification;
b) Management of firearms, explosives, flammable materials, toxic substances, radioactive and biological materials, and related materials including dual-use materials, technologies, and equipment that may be used for the proliferation of weapons of mass destruction, and supporting tools;
c) Patrols, controls, and surveillance of key targets for security and order at airports, ports, railway stations, bus terminals, border gates, border areas, and places where large crowds gather, and other public places;
d) Entry, exit, and transit management;
đ) Other state management measures for security and order.
Article 17. Supervision of transportation activities
Authorities and individuals with authority under the Ministry of Transport, the Ministry of Public Security, the Ministry of National Defense, and related ministries and sectors shall proactively detect, prevent, promptly handle, and immediately report to competent authorities organizations and individuals who exploit transportation activities on roads, railways, inland waterways, maritime, and air to disseminate and finance the dissemination of weapons of mass destruction in accordance with this Decree and relevant laws.
Article 18. Supervision of publication, press, postal services, telecommunications, and other forms of information
Authorities and individuals with authority in publication, press, postal services, telecommunications, printing, distribution, radio frequency, information technology, electronics, broadcasting, electronic information, news agencies, foreign information, and grassroots information shall be responsible for supervising, detecting, preventing, and promptly handling actions exploiting these activities to disseminate and finance the dissemination of weapons of mass destruction; supervising, detecting, preventing, and handling the introduction and advertising of weapons of mass destruction on the Internet.
Article 19. Supervision of activities related to food safety, pharmaceuticals, cosmetics, and agriculture
Authorities and individuals with authority in food safety inspection, animal feed, veterinary drugs, plant protection chemicals, pharmaceuticals, cosmetics, biological samples, fertilizers shall be responsible for promptly detecting, preventing, and handling actions exploiting these activities to disseminate and finance the dissemination of weapons of mass destruction in accordance with the law.
Article 20. Supervision of biological, chemical agents, radioactive materials, nuclear materials, technology, and dissemination means
1. Authorities and individuals with state management responsibilities over biological, chemical agents, radioactive materials, nuclear materials, and dissemination equipment and systems through their activities shall strictly supervise and proactively detect timely actions exploiting these activities to disseminate weapons of mass destruction, taking appropriate measures in accordance with this Decree and relevant laws.
2. The Ministry of National Defense shall take the lead and coordinate with relevant ministries managing biological, chemical agents, radioactive materials, nuclear materials, and dissemination equipment and systems as stipulated in Articles 34, 35, 36, and 37 of this Decree and related ministries and sectors to issue guiding documents to implement Clause 1 of this Article.
Article 21. Supervision of materials related to weapons of mass destruction
Authorities and individuals responsible shall strictly supervise materials and activities related to weapons of mass destruction as specified in Point b, Clause 6 and Clause 7, Article 4 of this Decree and relevant laws; proactively detect violations and matters related to the dissemination of weapons of mass destruction, promptly report to the competent central unit, and take appropriate measures in accordance with this Decree and relevant laws.
Article 22. Management of financial zones and non-financial business operations and related agencies, organizations, and individuals
1. Ministries, ministerial-level agencies, provincial People's Committees within their jurisdiction and authority must prevent Vietnamese organizations and individuals, and foreign organizations and individuals in Vietnam from providing money and assets to individuals and organizations related to the dissemination of weapons of mass destruction, except where permitted, authorized, or notified according to United Nations Security Council resolutions.
2. Financial institutions, non-financial business organizations and individuals, payment intermediaries, and related agencies and organizations shall have the following responsibilities:
a) Implement customer identification and information update measures in accordance with anti-money laundering laws. When there is suspicion that a customer or customer transaction is related to financing the dissemination of weapons of mass destruction, they must immediately suspend the circulation and freeze assets related to the dissemination and financing of weapons of mass destruction; simultaneously report to the competent central unit the implementation of these measures; only release the suspension and freezing of assets upon guidance from the competent central unit; report to the competent central unit the results of compliance actions including unsuccessful cases.
b) Regularly update lists of designated organizations and individuals; organizations and individuals removed from the list of designated entities; report to the national competent agency or any central unit about frozen assets or assets related to weapons of mass destruction, including ongoing transactions, in response to United Nations Security Council requirements.
c) Provide information to the central unit and competent authorities regarding efforts to prevent and combat the dissemination and financing of weapons of mass destruction.
d) Develop and implement internal regulations on preventing and combating the dissemination and financing of weapons of mass destruction in accordance with this Decree and relevant laws.
3. The competent central unit shall examine and process within three days from the date of receipt of notifications from subjects as stipulated in Clause 2 of this Article; if there is evidence that money and assets are related to the dissemination and financing of weapons of mass destruction, it shall decide to freeze bank accounts, seal, or temporarily seize assets; if there is no basis to believe that organizations and individuals are involved in the dissemination and financing of weapons of mass destruction, it shall guide the subjects stipulated in Clause 2 of this Article to immediately terminate the suspension and freezing measures already implemented.
4. In case there is evidence that money or property is related to the proliferation of weapons of mass destruction, the Lead Unit must immediately notify the relevant organizations and individuals and consider and decide on the handling of the money and property in accordance with the provisions of the Law on Anti-Money Laundering and the Law on Counter-Terrorism within thirty days from the date of issuance of the notification. For cases with many complex circumstances or requiring inspection and verification at multiple locations, the decision-making period shall not exceed sixty days; for cases requiring verification and collection of evidence abroad, the period shall not exceed ninety days.
Article 23. Border Area and Maritime Control
Authorities and persons authorized to control means of transport, money, weapons, imported, exported, transited goods, and security and public order in border areas and at sea have the responsibility to strictly control organizations, individuals, means of transport, and imported, exported, transited goods in order to detect, prevent, and promptly handle acts of exploiting these activities to proliferate weapons of mass destruction as stipulated in this Decree and relevant laws.
Article 24. Development and Implementation of Measures to Prevent and Combat the Proliferation of Weapons of Mass Destruction
The Ministry of National Defense shall take the lead and coordinate with the Ministry of Public Security, other ministries, sectors, and provincial People's Committees within their assigned scope to be responsible for developing programs, organizing training and drills, and implementing preventive measures against the proliferation of weapons of mass destruction; response and remediation measures for the consequences of the proliferation of weapons of mass destruction.
Chapter IV
COMBATING THE PROLIFERATION OF WEAPONS OF MASS DESTRUCTION
Article 25. Detection of Activities of Proliferation and Financing of Proliferation of Weapons of Mass Destruction
1. Agencies, organizations, and individuals, through their activities, when discovering acts of proliferation and financing for proliferation or other violations of the law concerning weapons of mass destruction, must promptly report to the forces specified in point a, Clause 1, Article 14 of this Decree or military and police agencies, and the nearest People's Committee for handling in accordance with the law.
2. National Lead Agency Report The Prime Minister and recommend to the Commission established pursuant to the resolution of the United Nations Security Council to include organizations and individuals violating the law in the list of designated entities.
3. Forces combating the proliferation of weapons of mass destruction specified in point a, Clause 1, Article 14 of this Decree are responsible for implementing operational and technical measures in accordance with relevant laws to promptly detect and prevent the proliferation of weapons of mass destruction; while guiding and assisting agencies, organizations, and individuals to recognize acts of proliferation and financing for proliferation of weapons of mass destruction and methods of detecting and reporting such activities; immediately applying measures to combat proliferation and financing for proliferation of weapons of mass destruction in accordance with this Decree and relevant laws.
Article 26. Measures to Combat Proliferation and Financing of Proliferation of Weapons of Mass Destruction in Performing National Security Protection Tasks, Social Order and Safety, and National Defense Tasks
The measures, procedures, and authorities for applying measures to combat proliferation and financing for proliferation of weapons of mass destruction in performing national security protection tasks, social order and safety, and national defense tasks shall be implemented in accordance with this Decree and regulations on national security, social order and safety, the Law on Anti-Money Laundering, the Law on Counter-Terrorism, and the Law on Management and Use of Weapons, Explosives, and Supporting Tools.
Article 27. Implementation of resolutions of the Security Council of the United Nations adopted under Chapter VII of the United Nations Charter related to preventing, deterring, and disrupting activities of proliferation and financing of weapons of mass destruction
1. When a resolution of the Security Council is adopted, ministries, ministerial-level agencies, provincial People's Committees, and units shall implement in accordance with the guidance of the National Coordination Agency and Unit.
2. Authority, procedures, and processes for applying preventive measures related to assets and economic resources associated with the proliferation and financing of weapons of mass destruction
a) The National Coordination Agency shall implement in accordance with Clause 5 of Article 11 of this Decree;
b) Ministries, ministerial-level agencies, provincial People's Committees, and Units shall cooperate with the National Coordination Agency to implement preventive and deterrent measures against the proliferation and financing of weapons of mass destruction in accordance with Security Council resolutions, consistent with this Decree and relevant laws; instruct and require agencies, organizations, and individuals under their management to immediately apply or revoke the application of measures prescribed by the United Nations Security Council; report to the National Coordination Agency on cases where such measures have been successfully or unsuccessfully applied to designated organizations and individuals;
c) The National Coordination Agency and Units must share information about assets related to designated organizations and individuals on the electronic portal and in writing; instruct agencies, organizations, and individuals to apply preventive and counter-proliferation measures against weapons of mass destruction; provide guidance on the obligation to implement preventive and counter-proliferation measures against weapons of mass destruction to financial institutions and other individuals or organizations, including non-financial business entities related to such measures;
d) The National Coordination Agency and Units may allow continued receipt of additional interest payments, other income, or payments according to contracts, agreements, or obligations arising before suspension into accounts frozen by Security Council resolutions, provided that these amounts are also frozen;
e) The National Coordination Agency and Units may allow payment from frozen accounts of amounts pursuant to pre-existing contracts, provided that the contracts do not relate to prohibited goods, materials, equipment, technology, support, training, financial support, investment, brokerage, or services mentioned in relevant Security Council resolutions; determine that payments shall not be transferred directly or indirectly to designated individuals or entities according to Security Council resolutions; the National Coordination Agency must report to the Sanctions Committee established by Security Council resolutions about the implementation or authorization of payments or asset releases ten days prior to execution;
f) Organizations and individuals may submit applications to Units to seek permission to protect their legitimate rights over frozen assets related to designated organizations and individuals through the procedures and processes stipulated in the Civil Code; when there is sufficient basis for consideration, Units will notify the National Coordination Agency to report; The Prime Minister permits the presentation of this issue to the Sanctions Committee established by Security Council resolutions for decision;
g) In cases where there is a permit from the Sanctions Committee established by Security Council resolutions, the National Coordination Agency will announce the release of frozen assets of organizations and individuals related to designated organizations and individuals; require that such assets not be used to finance the proliferation of weapons of mass destruction or may be used for other purposes related to it, or may revoke third-party rights protection permits for frozen assets issued by the Sanctions Committee if it is found that organizations or individuals show signs of violating relevant laws;
h) Other organizations and individuals with frozen assets due to association with designated organizations and individuals may submit applications to Units to seek permission to handle frozen goods;
i) When confirming that an organization or individual has been mistakenly frozen due to similar names to those of designated organizations or individuals or unrelated to them, Units will inform the National Coordination Agency and publicly announce the release of assets of mistakenly frozen individuals or organizations;
Designated organizations and individuals listed in the sanctions list; cases removed from the sanctions list or temporarily suspended assets or released assets belonging to entities on the sanctions list shall be officially published on the electronic website of the National Coordination Agency of the Ministry of National Defense's Electronic Portal for financial institutions, individuals, non-financial business entities, and organizations or individuals holding assets of designated persons to know and coordinate with Units and relevant agencies to resolve in accordance with this Decree and relevant laws;
j) The National Coordination Agency shall lead coordination with relevant ministries and sectors to access frozen assets abroad when Vietnam determines there are exceptional cases prescribed by Security Council resolutions and consistent with the procedures outlined in those resolutions;
3. Implementation of decisions regarding the export and transfer of materials and activities related to weapons of mass destruction
Pursuant to their functions and tasks within their jurisdiction, ministries, ministerial-level agencies, and provincial People's Committees shall implement the provisions of United Nations Security Council resolutions in accordance with this Decree and relevant laws, particularly measures to enhance the effectiveness of material control and related activities concerning weapons of mass destruction as decided in the resolutions of the United Nations Security Council; report the results of implementation to the National Coordination Agency.
4. Implement decisions related to entry, exit, transit according to the provisions of the resolutions.
Implement prohibitions on entry, transit, and exit according to the list of organizations and individuals designated in the relevant resolutions; manage in accordance with the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam and take enhanced control measures for designated organizations and individuals; report the results of implementation to the National Coordination Agency.
Chapter V
RESPONSIBILITIES OF STATE AGENCIES IN PREVENTING AND COMBATING THE SPREAD OF WEAPONS OF MASS DESTRUCTION
Article 28. State management responsibilities in preventing and combating the spread of weapons of mass destruction
1. The Government shall uniformly manage state affairs in preventing and combating the spread of weapons of mass destruction.
2. The Ministry of National Defense shall be responsible before the Government for leading and coordinating in managing state affairs in preventing and combating the spread of weapons of mass destruction.
3. Ministries, ministerial-level agencies, and provincial People's Committees shall have the responsibility to coordinate in implementing tasks in preventing and combating the spread of weapons of mass destruction within their respective jurisdictions and areas of responsibility.
Article 29. Responsibilities of the Ministry of National Defense
1. In state management in preventing and combating the spread of weapons of mass destruction:
a) Implement the functions and tasks of the National Coordination Agency as stipulated in Article 11 of this Decree;
b) Propose to the Government the development and improvement of laws on preventing and combating the spread of weapons of mass destruction;
c) Lead and coordinate in drafting and submitting to competent authorities for issuance, or issuing within its authority, normative legal documents, strategies, programs, plans, schemes, measures for preventing and combating the spread of weapons of mass destruction, including normative legal documents on administrative penalties in the field of preventing and combating the spread of weapons of mass destruction and lists of related materials;
d) Lead and coordinate with relevant ministries and sectors and guide provincial People's Committees in organizing the implementation of normative legal documents, strategies, programs, plans, schemes, and measures for preventing and combating the spread of weapons of mass destruction;
e) Lead and coordinate with the Ministry of Public Security and other relevant agencies and organizations in issuing and organizing the implementation of regulations on training and capacity building for personnel engaged in preventing and combating the spread of weapons of mass destruction;
f) Lead and coordinate with relevant agencies and organizations in implementing reporting and summarizing systems regarding work in preventing and combating the spread of weapons of mass destruction; propose solutions related to preventing and combating the spread of weapons of mass destruction;
g) Lead inspections, audits, complaints, and accusations in preventing and combating the spread of weapons of mass destruction;
h) Lead and coordinate with the Ministry of Public Security and relevant ministries and sectors in implementing international cooperation in preventing and combating the spread of weapons of mass destruction in accordance with relevant laws.
2. In organizing the implementation of preventing and combating the spread of weapons of mass destruction:
a) Assign and ensure equipment for anti-proliferation forces under the Ministry of National Defense as specified in points a and b of Article 14 of this Decree;
b) Lead and coordinate with relevant ministries, sectors, agencies, and organizations in directing and organizing the implementation of work in preventing and combating the spread of weapons of mass destruction nationwide as stipulated in Chapters III and IV of this Decree; coordinate with the Ministry of Public Security in organizing the implementation of work in preventing and combating the spread of weapons of mass destruction within the Ministry of Public Security's jurisdiction;
c) Direct agencies and units under its management to perform tasks and powers as stipulated in Chapters III and IV of this Decree; detect, investigate, and handle organizations and individuals involved in the proliferation and financing of the proliferation of weapons of mass destruction in accordance with the law;
d) Direct agencies and functional units under its management to regularly update information on the development and proliferation of weapons of mass destruction globally, regionally, and domestically; coordinate with relevant ministries and sectors and local authorities to assess national risks, investigate the proliferation and financing of the proliferation of weapons of mass destruction on Vietnamese territory; advise and propose about work in preventing and combating the spread of weapons of mass destruction for the Government to direct implementation;
e) Improve normative legal documents in implementing international treaties to which the Socialist Republic of Vietnam is a member regarding the prohibition of the spread of weapons of mass destruction, including the reinforcement of forces, research, production of equipment for combat operations and security assurance; timely response to accidents and situations involving weapons of mass destruction on Vietnamese territory and international cooperation in preventing and combating the spread of weapons of mass destruction.
Article 30. Responsibilities of the Ministry of Public Security
1. Assign and ensure equipment for anti-proliferation forces under the Ministry of Public Security.
2. Coordinate with the Ministry of National Defense in performing the tasks stipulated in Clause 3 of Article 11; points c, d, đ of Clause 1 and points b, đ of Clause 2 of Article 29 of this Decree.
3. Direct agencies and units under its management to cooperate with military agencies in drafting, training, rehearsing, and organizing the implementation of plans for preventing and combating the spread of weapons of mass destruction.
4. Direct agencies and units under the People's Public Security to cooperate with border guard agencies, customs agencies, and other relevant agencies in implementing measures to prevent and combat the spread of weapons of mass destruction through the control of people entering, exiting, and transiting at border gates under the Ministry of Public Security's responsibility.
5. Cooperate with the Ministry of National Defense, the Ministry of Foreign Affairs, and related ministries and sectors to implement international cooperation in preventing and combating the proliferation and financing of weapons of mass destruction within their respective authorities.
6. Establish a list of organizations and individuals related to the proliferation and financing of the proliferation of weapons of mass destruction under their management and propose to the national focal agency for inclusion or removal from the list of designated persons according to United Nations Security Council resolutions on preventing and combating the proliferation and financing of weapons of mass destruction.
7. Direct agencies and units under their management based on their functions to perform tasks and powers as stipulated in Chapters III and IV of this Decree; detect, investigate, and handle individuals and organizations involved in the proliferation and financing of the proliferation of weapons of mass destruction.
Article 31. Responsibilities of the Ministry of Foreign Affairs
1. Within its duties and powers, organize the implementation of activities to prevent and combat the proliferation of weapons of mass destruction as prescribed in this Decree and other relevant laws.
2. Coordinate with the Ministry of National Defense, the Ministry of Public Security, the Ministry of Industry and Trade, and related ministries and sectors in implementing Vietnam's commitments to prevent and combat the proliferation of weapons of mass destruction as prescribed in this Decree and international treaties to which Vietnam is a party.
3. Coordinate with the Ministry of National Defense to implement Point l, Clause 2, Article 27 of this Decree.
Article 32. Responsibilities of the State Bank of Vietnam
1. Within its duties and powers, coordinate with ministries and sectors to exchange information and implement preventive measures to stop activities related to the proliferation and financing of weapons of mass destruction; coordinate to implement Point c, Clause 1, Article 29 of this Decree.
2. Receive information and reports on suspicious transactions related to activities involving the proliferation and financing of weapons of mass destruction from financial institutions, non-financial business organizations, and individuals; when there is suspicion related to such activities, coordinate with the national focal agency to verify and clarify.
3. Coordinate with the Ministry of National Defense, the Ministry of Public Security, and related ministries and sectors to implement international cooperation in preventing and combating the proliferation of weapons of mass destruction within their respective authorities.
Article 33. Responsibilities of the Ministry of Finance
1. The Ministry of Finance, within its duties and powers, coordinate with the Ministry of National Defense and related ministries and sectors to exchange information and implement preventive measures to stop activities related to the proliferation and financing of weapons of mass destruction in the management of import and export goods and non-financial business organizations as prescribed in this Decree and relevant laws; coordinate to implement Point c, Clause 1, Article 29 of this Decree.
2. Ensure financial support for work to prevent and combat the proliferation of weapons of mass destruction.
Article 34. Responsibilities of the Ministry of Industry and Trade
The Ministry of Industry and Trade, within its duties and powers and as the lead ministry for the control of dual-use chemicals under the Chemical Weapons Convention, shall be responsible for coordinating with the Ministry of National Defense and related ministries and sectors to exchange information and implement preventive measures to stop the misuse of chemical trade activities for the proliferation and financing of weapons of mass destruction as prescribed in this Decree and other relevant laws; coordinate to implement Point c, Clause 1, Article 29 of this Decree.
Article 35. Responsibilities of the Ministry of Health
Within its scope of duties and powers and in implementing the Convention on the Prohibition of Biological Weapons, the Ministry of Health shall coordinate with the Ministry of National Defense and other ministries and sectors to exchange information and implement measures to control food safety, pharmaceuticals, cosmetics, and biological samples to detect, prevent, and promptly address actions that exploit these activities to disseminate and finance the proliferation of weapons of mass destruction as stipulated in this Decree and relevant laws; coordinate to implement Point c Clause 1 Article 29 of this Decree.
Article 36. Responsibilities of the Ministry of Science and Technology
Within its scope of duties and powers, the Ministry of Science and Technology shall coordinate with the Ministry of National Defense and other ministries and sectors to exchange information and implement measures to prevent, stop, and promptly address actions that exploit radioactive and nuclear materials; dual-use materials, equipment, and technology to disseminate and finance the proliferation of weapons of mass destruction as stipulated in this Decree and relevant laws; mobilize human resources and means to participate in responding at the scene of activities disseminating weapons of mass destruction with radioactive and nuclear agents when requested by the National Authority; coordinate to implement Point c Clause 1 Article 29 of this Decree.
Article 37. Responsibilities of the Ministry of Agriculture and Rural Development
Within its scope of duties and powers, the Ministry of Agriculture and Rural Development shall coordinate with the Ministry of National Defense and other ministries and sectors to exchange information and implement measures to prevent, stop, and promptly address actions that exploit veterinary drugs, plant protection chemicals, fertilizers, and related goods, materials, equipment, and dual-use technology used in agriculture to disseminate and finance weapons of mass destruction; coordinate to implement Point c Clause 1 Article 29 of this Decree.
Article 38. Responsibilities of the Ministry of Transport
1. Within its scope of duties and powers, organize the implementation of activities to prevent and combat the proliferation of weapons of mass destruction as stipulated in this Decree and other relevant laws; coordinate to implement Point c Clause 1 Article 29 of this Decree.
2. Direct agencies and units under its management to be ready to participate in preventing and combating the proliferation of weapons of mass destruction when mobilized.
3. Coordinate with the Ministry of National Defense, the Ministry of Public Security, relevant ministries and sectors, and local People's Committees:
a) Develop, train, rehearse, and implement plans to prevent and combat the proliferation of weapons of mass destruction on aircraft, ships, trains, and other public transportation means;
b) Implement traffic control as provided for in Article 17 of this Decree and relevant laws to detect, prevent, and handle activities proliferating weapons of mass destruction.
Article 39. Responsibilities of the Ministry of Information and Communications
1. Within its scope of duties and powers, organize the implementation of activities to prevent and combat the proliferation of weapons of mass destruction as stipulated in this Decree and other relevant laws; coordinate to implement Point c Clause 1 Article 29 of this Decree.
2. Direct agencies and units under its management to be ready to participate in preventing and combating the proliferation of weapons of mass destruction when mobilized.
3. Direct publishing agencies, media, postal services, telecommunications, and information technology enterprises to perform the following tasks:
a) Ensure information security for activities to prevent and combat the proliferation of weapons of mass destruction;
b) Coordinate with military and police units to develop and implement measures to prevent and combat the proliferation of weapons of mass destruction and control publishing, media, postal services, telecommunications, and information technology activities to detect and handle actions exploiting these activities for the dissemination and financing of weapons of mass destruction;
c) Manage news reporting about the proliferation and financing of weapons of mass destruction on mass media and community information systems; promote education to raise awareness about preventing and combating the proliferation of weapons of mass destruction among cadres and the people; proactively detect actions exploiting information and communication activities of organizations and individuals to disseminate weapons of mass destruction.
Article 40. Responsibilities of Relevant Ministries and Agencies
Within their respective duties and authorities, ministries and agencies shall be responsible for coordinating the exchange of information and implementing preventive measures to stop the proliferation and financing of the proliferation of weapons of mass destruction as provided for in this Decree and relevant laws.
Article 41. Responsibilities of Provincial People's Committees
Within their respective duties and authorities, provincial people's committees shall be responsible for coordinating the exchange of information and implementing preventive measures to stop the proliferation and financing of the proliferation of weapons of mass destruction as provided for in this Decree and relevant laws.
Chapter VI
IMPLEMENTING PROVISIONS
Article 42. Effective Date
This Decree takes effect from the date of signature.
Article 43. Responsibility for Implementation
1. The Ministry of National Defense shall take the lead and coordinate with relevant ministries and agencies to inspect and urge the implementation of this Decree.
2. Ministers, heads of ministerial-level agencies, heads of government agencies, and chairpersons of provincial people's committees directly under the central government are responsible for implementing this Decree./.
PRIME MINISTER
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