Decree No. 99/2025/NĐ-CP detailing certain provisions of the Law on National Defense and Security Industry and Mobilization.

DECREE

Regulations on certain provisions of

Law on National Defense Industry, Security, and Industrial Mobilization

Pursuant to the Government Organization Law dated February 18, 2025;

Pursuant to the Law on National Defense Industry, Security, and Industrial Mobilization dated June 27, 2024; June 2024;

"Based on the proposal of the Minister of National Defense;"

Chapter 1. Scope of Regulation detailing certain provisions of the Law Industrial on national defense industry, security, and industrial mobilization. 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates detailed provisions of the Law on National Defense Industry, Security, and Industrial Mobilization regarding:

1. Conditions, forms of participation in national defense and security industrial activities of mobilized entities.

2. Functions, tasks, components of the national defense industry complex.

3. Core of the national defense industry complex.

4. State policies towards the national defense industry complex.

5. Export of products and services of the national defense and security industry.

Article 2. Applicability

1. This Decree applies to organizations, enterprises, and individuals related to participating in national defense and security industrial activities of mobilized entities, participating in the activities of the national defense industry complex, and exporting products and services of the national defense and security industry.

2. Chapter II of this Decree does not apply to enterprises and organizations outside the armed forces and state-owned enterprises managed by the Ministry of National Defense and the Ministry of Public Security that do not fall under the cases of being mobilized to participate in national defense and security industrial activities as specified in Clause 5, Article 2 of the Law on National Defense Industry, Security, and Industrial Mobilization.

Chapter II

CONDITIONS AND FORMS OF PARTICIPATION IN NATIONAL DEFENSE AND SECURITY INDUSTRIAL ACTIVITIES OF MOBILIZED ENTITIES

Article 3. General conditions applicable to mobilized entities participating in national defense and security industrial activities

1. Established in accordance with Vietnamese laws; operating within the territory of Vietnam, having material resources, human resources, equipment meeting the requirements for participating in national defense and security industrial activities in the mobilized fields.

2. Ensuring confidentiality in accordance with the laws on protecting state secrets in the field of national defense and security.

3. Not currently being pursued for criminal responsibility or have been convicted of criminal offenses, including cases where the criminal record has been expunged in accordance with the laws on criminal matters.

Article 4. Conditions, forms, and procedures for participation in the provision of payment services and credit issuance by mobilized entities

1. Mobilized entities participating in national defense and security industrial activities in the field of providing payment services and credit issuance must meet the conditions set forth in this Decree's Article 3 and the following conditions:

a) Being a credit organization; having headquarters and a network of operations, management structure, material resources, information technology system ensuring the provision of payment services and credit issuance in accordance with the laws on credit organizations;

b) A dedicated staff team with expertise in payment and credit issuance; having experience in serving national defense and security;

c) Having permission to provide payment services and credit issuance, and participate in domestic and international payment systems in accordance with the laws;

d) Internal regulations on payment and credit issuance related to participation in national defense and security industrial activities ensuring safety and confidentiality;

đ) Engaging in profitable business for three consecutive years immediately preceding the year of submitting the application.

2. Participation in national defense and security industrial activities in the field of providing payment services and credit issuance by mobilized entities shall be carried out according to the decision assigning tasks by the Minister of National Defense or the Minister of Public Security.

3. Procedure for participation:

a) Credit organizations prepare one set of documents, including:

A request for assignment of tasks to provide payment services and credit issuance for national defense and security industrial activities in accordance with Model No. 01 attached to this Decree;

A copy of the license for establishment and operation of the credit organization;

A copy of internal regulations on payment and credit issuance for participation in national defense and security industrial activities;

Copies of annual financial reports audited by an independent auditing organization showing profitable business for three consecutive years immediately preceding the year of submitting the application;

Reports accompanying the documents (if any) on organizational management structure, material resources, information technology system for domestic and international payments; number of dedicated personnel engaged in payment and credit issuance activities along with their professional qualifications; experience in implementing payment and credit issuance for national defense and security; information on domestic and international payment systems in which the credit organization participates;

c) In case the documents are incomplete as specified in point a of this clause, within five days from the date of receipt of the documents, the agency receiving and processing the documents shall notify the credit organization in writing to supplement and complete the documents;

Within twenty days from the date of receipt of complete and valid documents, the competent financial management agency under the Ministry of National Defense or the Ministry of Public Security within their jurisdiction shall conduct an assessment and evaluation of the credit organization's compliance with the participation conditions, report to the Minister of National Defense or the Minister of Public Security. Within ten days from the date of receipt of the report, the Minister of National Defense or the Minister of Public Security shall consider and decide on the assignment of tasks to the credit organization, specifying the areas of participation; in case of non-compliance with the conditions, the competent financial management agency under the Ministry of National Defense or the Ministry of Public Security shall notify the credit organization in writing, specifying the reasons.

d) In cases where the task involves the use of state budget funds, the agencies, units, enterprises implementing national defense and security industrial activities that have a need to provide payment services and credit shall choose to enter into contracts with credit organizations assigned tasks by the Minister of National Defense or the Minister of Public Security. For tasks with special requirements regarding credit organizations, the agencies, units, enterprises shall request the competent financial management agencies under the Ministry of National Defense or the Ministry of Public Security within their jurisdiction to report to the Minister of National Defense or the Minister of Public Security for consideration and decision.

đ) In cases where there is no use of state budget funds, agencies, units, enterprises with a need to provide payment services and credit shall select credit organizations that meet the requirements of the task; priority should be given to credit organizations that have been assigned tasks by the Minister of National Defense or the Minister of Public Security to participate in providing payment services and credit.

1. Mobilization bases participating in national defense and security industrial activities in the field of human resource training and development must satisfy the conditions stipulated in Article 3 of this Decree and the following conditions:

a) Having educational programs suitable for the needs of national defense and security industries;

b) Having material and technical facilities for teaching, research, and practice; a faculty and teaching staff with professional qualifications and experience in teaching and research that match the required training and development fields for human resources serving national defense and security industries and meeting the conditions prescribed by laws on education, vocational education, and vocational training.

2. Mobilization bases participating in the provision of products and services related to business management, information security, high technology, and strategic technology must satisfy the conditions stipulated in Article 3 of this Decree and the following conditions:

a) Enterprises must have the necessary conditions to invest in and operate the corresponding industries and services according to the law;

b) Non-enterprise organizations must have the function of providing corresponding products and services;

c) Have provided products or services to organizations or enterprises with equivalent or larger organizational or production scales compared to those requiring such provision.

3. Mobilization bases participating in human resource training and development, and the provision of products and services related to business management, information security, high technology, and strategic technology shall do so through procurement contracts with agencies, units, and enterprises under the Ministry of National Defense and the Ministry of Public Security.

4. Agencies, units, and enterprises under the Ministry of National Defense and the Ministry of Public Security operating in the national defense and security industrial sector shall send documents regarding procurement needs along with the corresponding conditions stipulated in Clauses 1 and 2 of this Article to relevant organizations and enterprises.

5. Mobilization bases shall prepare one set of documents including:

a) A document requesting participation in national defense and security industrial activities according to Model No. 02 attached as an appendix to this Decree;

b) Copies of establishment decisions accompanied by documents defining functions and tasks for organizations or business registration certificates accompanied by operation permits and business licenses for enterprises;

c) Documentation proving the capacity of material and technical facilities, human resources, equipment, and experience of organizations and enterprises corresponding to the participating fields.

6. The documents specified in Clause 5 of this Article shall be submitted directly or sent via postal service or electronic environment to agencies, units, and enterprises under the Ministry of National Defense and the Ministry of Public Security with procurement needs; in cases of submission through an electronic environment, the acceptance and processing of administrative procedures shall be carried out in accordance with the law on the implementation of administrative procedures in an electronic environment. The procedure is as follows:

a) In cases where mobilization bases are involved in human resource training, and the provision of products and services related to business management, information security, and high technology for programs and projects using state budget funds classified as Top Secret: Within twenty days from the date of receiving complete and valid documents, the agencies, units, and enterprises specified in Clause 4 of this Article shall assess and evaluate whether the organizations and enterprises meet the participation conditions, report to the Minister of National Defense or the Minister of Public Security within their jurisdiction. Within seven days from the date of receipt of the report, the Minister of National Defense or the Minister of Public Security shall consider and decide. Within five days from the date of the decision by the Minister of National Defense or the Minister of Public Security, the agencies, units, and enterprises specified in Clause 4 of this Article shall notify the results to the organizations and enterprises in writing;

b) In cases where mobilization bases are involved in human resource training, and the provision of products and services related to business management, information security, and high technology for programs and projects using state budget funds classified as Confidential: Within twenty days from the date of receiving complete and valid documents, the agencies, units, and enterprises specified in Clause 4 of this Article shall assess and evaluate whether the organizations and enterprises meet the participation conditions, report to the superior agencies, units, and enterprises under the Ministry of National Defense or the Ministry of Public Security. Within seven days from the date of receipt of the report, the agencies, units, and enterprises under the Ministry of National Defense or the Ministry of Public Security shall consider and decide. Within five days from the date of the decision by the agencies, units, and enterprises under the Ministry of National Defense or the Ministry of Public Security, the agencies, units, and enterprises specified in Clause 4 of this Article shall notify the results to the organizations and enterprises in writing;

In cases where agencies, units, and enterprises under the Ministry of National Defense or the Ministry of Public Security have a need to mobilize, they shall be responsible for assessing, evaluating, and selecting mobilization bases according to their needs.

c) In cases not covered by points a and b of this clause, the agencies, units, and enterprises specified in Clause 4 of Article 4 of this Decree shall review the application and directly negotiate and sign contracts with organizations and enterprises that meet the conditions stipulated in Clauses 1 and 2 of this Article to implement the relevant activities. During implementation, these agencies, units, and enterprises must comply with the laws on protecting state secrets.

Article 6. Conditions, forms, and procedures for participating in research, production of detailed parts, components, materials, semi-finished products of national defense and security products; high technology research and application, foundational technology, core technology; technology transfer to key defense industry bases and key security industry bases; supply, reserve, and storage of production materials for national defense and security mobilization bases.

1. Mobilization bases must meet the conditions prescribed in Article 3 of this Decree and the legitimate status of contractors and investors as stipulated by the law on bidding.

2. Mobilization bases participate in research and production of detailed parts, components, materials, semi-finished products of national defense and security products; high technology research and application, foundational technology, core technology; supply, reserve, and storage of materials to serve cooperative industrial activities in national defense and security through research and product supply service contracts. Mobilization bases participate in technology transfer to key defense industry bases and key security industry bases through technology transfer contracts.

3. Agencies, units, and enterprises under the Ministry of National Defense and the Ministry of Public Security, based on approved business plans, shall notify in writing the cooperation needs to organizations and enterprises along with the conditions stipulated in Clause 1 of this Article corresponding to the fields of participation.

4. Participation procedures:

a) Organizations and enterprises prepare one set of documents including:

A request to participate in national defense and security industrial activities according to Model No. 02 attached to this Decree;

A copy of the establishment decision accompanied by a document defining functions and tasks for the organization or a business registration certificate accompanied by an operating permit and business license for the enterprise;

Documentation proving material facilities, human resources, equipment, and experience corresponding to the field of participation;

c) Within twenty days from the date of receipt of complete and valid applications, the agencies, units, and enterprises specified in Clause 3 of this Article shall review, assess, and select organizations and enterprises with sufficient capacity, report to higher-level agencies, units, and enterprises under the Ministry of National Defense and the Ministry of Public Security. Within seven days from the date of receipt of the report, the agencies, units, and enterprises under the Ministry of National Defense and the Ministry of Public Security shall examine and decide on the list of mobilization bases according to the mobilization requirements. Within five days from the date of the decision by the agencies, units, and enterprises under the Ministry of National Defense and the Ministry of Public Security, the agencies, units, and enterprises specified in Clause 3 of this Article shall notify the results to the organizations and enterprises in writing;

If the agencies, units, and enterprises under the Ministry of National Defense and the Ministry of Public Security have mobilization requirements, they shall be responsible for reviewing, assessing, selecting, and approving the list of mobilization bases according to the requirements;

d) Based on the approved list of mobilization bases, the mobilization shall be conducted through direct awarding in accordance with the laws on bidding.

Article 7. Conditions, forms, procedures for participating in the production of products serving national defense and security through joint ventures and cooperation with key defense industry establishments and key security industry establishments under mobilization bases.

1. Mobilization bases participating in the production of products serving national defense and security through joint ventures and cooperation with key defense industry establishments and key security industry establishments must meet the conditions stipulated in Article 3 of this Decree and have financial resources, material infrastructure, human resources, equipment capable of participating partially or entirely in the production process to create defense and security products and semi-finished products.

2. Mobilization bases participating in the production of products serving national defense and security through joint ventures and cooperation with key defense industry establishments and key security industry establishments shall participate through one of the following forms: business cooperation contracts, joint venture contracts, cooperation contracts.

3. Procedure for participation:

a) Key defense industry establishments and key security industry establishments assigned the task of producing products serving national defense and security shall notify in writing about their need for joint ventures and cooperation to produce such products, along with the conditions stipulated in Clause 1 of this Article and other conditions ensuring the completion of the assigned tasks.

b) Organizations and enterprises interested in participating shall submit a written request to key defense industry establishments and key security industry establishments, accompanied by documents proving compliance with the conditions stipulated in point a of this clause.

c) For non-equity cooperation forms, key defense industry establishments and key security industry establishments shall select enterprises meeting the required conditions and sign cooperation contracts.

d) For equity-based joint ventures and cooperation, key defense industry establishments and key security industry establishments shall select organizations and enterprises that meet the conditions stipulated in point a of this clause and develop a joint venture and cooperation plan to be reported to the representative body of the owner for approval. The joint venture and cooperation plan shall include the following main contents: objectives, scope of activities, necessity, economic efficiency, social benefits; contributions of participating parties and distribution of business cooperation results among the parties; rights and obligations of participating parties; financial situation and production and business operation results of participating enterprises; capital contribution levels of each party, sources of capital contribution from key defense industry establishments and key security industry establishments; security, safety, and confidentiality assurance plans. For new legal entity joint venture plans, the joint venture plan must also include the following additional contents: name of the new legal entity, organizational structure and management mechanism, charter of the newly formed legal entity.

Chapter III

NATIONAL DEFENSE INDUSTRY COMPLEX

Section 1

FUNCTIONS, TASKS, COMPONENTS OF THE NATIONAL DEFENSE INDUSTRY COMPLEX

Article 8. Functions and tasks of the National Defense Industry Complex

2. Research, mastery of strategic technologies, foundational technologies, core technologies, dual-use technologies; transfer and reception of technology transfers to serve the development of weapons and technical equipment, especially strategic types of weapons and technical equipment.

3. Mobilize the maximum resources of the State and organizations and enterprises under various economic sectors to participate in the activities of the National Defense Industry Complex, including:

a) Establishing mechanisms to attract, train, nurture, and utilize high-quality domestic and foreign human resources to enhance the research and production capacity of the National Defense Industry Complex, prioritizing strategic types of weapons and technical equipment;

b) Efficiently utilizing state budget funds and capital from financial institutions, enterprises under various economic sectors, and international organizations;

c) Implementing the reception of technology transfers from domestic and foreign organizations and individuals;

d) Developing plans and efficiently using the infrastructure system invested by the State to fulfill the tasks of the National Defense Industry Complex;

đ) Mobilizing other legitimate resources to fulfill assigned tasks.

5. Technological innovation, human resource development, digital transformation, enhancing corporate management capabilities, promoting international cooperation in the defense industry focused on countries with advanced science and technology, participating in global production value chains to enhance international competitiveness, prioritizing areas stipulated in Clause 4 of this Article.

Article 9. Components of the National Defense Industry Complex

1. The core of the National Defense Industry Complex.

2. Other components of the National Defense Industry Complex include one or more types of national defense industrial facilities as follows:

a) Key national defense industrial facilities that are not the core of the National Defense Industry Complex;

b) Other national defense industrial facilities;

c) Mobilization industrial facilities;

d) Facilities mobilized to participate in national defense industry activities.

3. Recognition and revocation of recognition of the core of the National Defense Industry Complex shall be carried out in accordance with the provisions of Articles 11 and 12 of this Decree.

4. The coordination mechanism between the core of the National Defense Industry Complex and other components of the National Defense Industry Complex shall be implemented in accordance with the provisions of Clause 2, Article 44 of the Law on National Defense Industry, Security Industry, and Industrial Mobilization.

Section 2

CORE OF THE NATIONAL DEFENSE INDUSTRY COMPLEX

Article 10. Conditions for key national defense industrial facilities to be recognized as the core of the National Defense Industry Complex

1. To take the lead in researching and successfully producing at least one type of modern weapons and technical equipment with integrated system technology incorporated into the equipment of the Vietnam People's Army.

2. To have the capability to apply, develop, or create strategic technologies, foundational technologies, core technologies in research, design, manufacturing, production, repair, modification, improvement, modernization, and extending the service life of weapons and technical equipment.

3. To have a research and development unit for defense products within its organizational structure.

4. To have a laboratory system, production lines, and equipment meeting the requirements for researching, designing, manufacturing, producing, and completing strategic weapons and technical equipment.

5. To have human resources ensuring management, operation, research, design, manufacturing, production, and completion of weapons and technical equipment.

6. In addition to the conditions stipulated in Clauses 1, 2, 3, 4, and 5 of this Article, key national defense industrial facilities must be enterprises that allocate at least 2% of their total revenue from products and services serving national defense and security over the last three years prior to the submission of the application for research and development expenditure and technological innovation for the national defense industry.

Article 11. Recognition of the Core of the National Defense Industry Complex

1. Key national defense industrial facilities proposing to be recognized as the core of the National Defense Industry Complex submit one set of application documents directly or send them through postal services or via electronic means to the specialized agency responsible for the national defense industry.

2. The application documents for recognition as the core of the National Defense Industry Complex include:

a) A request for recognition as the core of the National Defense Industry Complex according to Model No. 03 attached to this Decree;

b) A copy of the Prime Minister's Decision approving the list of key national defense industrial facilities;

c) Documentation regarding: Name, type, address, operational area, business sector, and fields of activity of the key national defense industrial facility; products, services, and defense tasks assigned by the Ministry of National Defense or subordinate agencies, units, or enterprises of the Ministry of National Defense in the five years leading up to the date of the recognition application;

d) Documentation proving compliance with the conditions stipulated in Article 10 of this Decree.

3. If the application documents are incomplete as required under Clause 2 of this Article, within five days from the date of receipt of the application, the specialized agency responsible for the national defense industry will notify in writing the key national defense industrial facility to supplement the application documents.

Within thirty days from the date of receiving complete and valid application documents, the specialized agency responsible for the national defense industry will examine and assess whether the key national defense industrial facility meets the conditions stipulated in Article 10 of this Decree, report to the Minister of National Defense for consideration, and submit to the Prime Minister for a decision on recognizing the key national defense industrial facility as the core of the National Defense Industry Complex; the specialized agency responsible for the national defense industry will notify the result in writing to the key national defense industrial facility; if not recognized, the reasons must be clearly stated.

Article 12. Revocation of Recognition of Core Component of National Defense Industry Complex

1. Based on the results of the performance of tasks by the national defense industry complex, the specialized agency for national defense industry evaluates the capacity of the core component of the national defense industry complex and considers the proposal to revoke recognition of the core component of the national defense industry complex if the national defense industry complex fails to complete the tasks prescribed in Clause 1 of Article 8 of this Decree.

2. In cases where there is a basis for proposing the revocation of recognition of the core component of the national defense industry complex as stipulated in Clause 1 of this Article, the specialized agency for national defense industry reports to the Minister of National Defense for consideration and submits to the Prime Minister for a decision to revoke recognition of the core component of the national defense industry complex. Within five days from the date of the Prime Minister's decision, the specialized agency for national defense industry shall notify the key national defense industry facility whose recognition of the core component has been revoked.

Article 13. Responsibilities of the Core Component of the National Defense Industry Complex

1. Establish a list of other components of the national defense industry complex:

a) Issue criteria for other components of the national defense industry complex in accordance with the provisions of Clause 1 of Article 44 of the Law on National Defense Industry, Security Industry, and Mobilization Industry;

b) Establish a list of other components of the national defense industry complex and report it to the specialized agency for national defense industry for review, and submit it to the Minister of National Defense for approval.

2. Issue, amend, supplement, and monitor the implementation of operational regulations, reward regulations, and other regulations of the national defense industry complex.

3. Develop programs, projects, and research, manufacturing, and production plans for weapons and technical equipment that are suitable for the functions and tasks of the national defense industry complex and submit them to the Minister of National Defense for approval.

4. Develop plans to implement the tasks of the national defense industry complex.

5. Fulfill the function of coordinating the activities of the national defense industry complex through the form of signing contracts with the components of the national defense industry complex.

6. Inspect, evaluate the quality, and accept products produced by the components of the national defense industry complex to ensure the completion of the tasks of the national defense industry complex.

7. Complete products to ensure quality, quantity, and all approved tactical and technical specifications.

8. Ensure state secrecy during the process of signing joint venture and cooperation contracts with other components of the national defense industry complex and in cooperation with domestic and foreign partners.

9. Report the results of implementing the tasks of the national defense industry complex to the specialized agency for national defense industry and be responsible for the contents reported.

10. Be responsible for managing financial resources received specifically for the implementation of the tasks of the national defense industry complex independently from other tasks; report to the Ministry of National Defense on the results of implementation through the specialized agency for national defense industry.

Section 3

POLICY FOR THE NATIONAL DEFENSE INDUSTRY COMPLEX AND THE CORE COMPONENT OF THE NATIONAL DEFENSE INDUSTRY COMPLEX

Article 14. State Policy on National Defense Industry Complexes

2. Promote joint ventures and collaborations among components of national defense industry complexes:

a) Issue technical and tactical standards for military products of national defense industry complexes;

b) Ministries and sectors responsible for management shall support the provision of enterprise data bases to build national defense industry complexes;

c) Create conditions for components of national defense industry complexes to participate in military trade promotion programs, training programs, and domestic and international surveys related to weapons and technical equipment product groups of national defense industry complexes.

4. Based on the national strategic technology and industrial development program, the Ministry of National Defense shall develop strategic technology projects to research, design, manufacture, and produce weapons and technical equipment, and assign these projects to national defense industry complexes for implementation. Implementation funds shall be allocated from the state budget.

5. Prioritize investment resources for infrastructure and equipment for national defense industry complexes; ensure funding for the construction of key infrastructure and equipment serving research and production of weapons and technical equipment, especially those with strategic significance.

6. The core of national defense industry complexes and other components of national defense industry complexes may utilize infrastructure and equipment invested by the State to perform the tasks of national defense industry complexes.

7. The Ministry of National Defense shall prioritize the allocation of funds to implement domestic and foreign training and development programs to enhance high-quality human resources for national defense industry complexes, particularly those serving research and development of weapons and technical equipment with strategic significance.

Article 15. State Policy on the Core of National Defense Industry Complexes

The core of national defense industry complexes shall enjoy policies for key national defense industrial facilities engaged in researching and producing strategically significant weapons and technical equipment as stipulated in Article 63 of the National Defense Industry, Security, and Mobilization Law, as well as the following policies:

1. Be assigned by the State to lead the implementation of projects and programs for researching, designing, manufacturing, and producing strategically significant weapons and technical equipment according to specialized product categories:

a) The Minister of National Defense shall approve ten-year projects and five-year programs for researching, designing, manufacturing, and producing strategically significant weapons and technical equipment according to specialized product categories, assigning the core of national defense industry complexes to lead their implementation in accordance with the functions and tasks of national defense industry complexes;

b) The core of national defense industry complexes shall be allocated a state budget to lead the implementation of the programs specified in point a of this clause when using the state budget.

a) Determine technical solutions and set prices for products and services assigned to components of national defense industry complexes to ensure that the total cost of implementing products by the core of national defense industry complexes does not exceed the assigned product price;

b) Proactively select and enter into contracts with components of national defense industry complexes to complete the tasks of national defense industry complexes;

c) Be able to proactively establish mechanisms to attract organizations and enterprises to participate in national defense industry complexes in accordance with assigned functions and tasks.

3. In cases where projects and programs for researching and manufacturing weapons and technical equipment as specified in point a of Clause 1 of this Article are assigned by the State, the core of national defense industry complexes shall be supported with state budget funds to carry out scientific, technological, and innovation tasks as follows:

a) Support up to a maximum of 50% of the total research and development costs for technologies serving projects and programs for researching and manufacturing strategically significant weapons and technical equipment;

b) Support up to a maximum of 30% of the total research and development costs for technologies serving projects and programs for researching and manufacturing weapons and technical equipment not covered under point a of this clause.

4. Utilize the enterprise development investment fund to implement infrastructure and equipment projects serving scientific, technological, and innovation activities in line with the tasks of national defense industry complexes; economic efficiency shall not be evaluated for such investment projects.

5. Utilize infrastructure invested by the State for scientific research and technological development. Units managing State-invested infrastructure shall prioritize arranging and creating conditions for the core of national defense industry complexes to use the infrastructure they manage. Infrastructure usage costs shall be paid from the research and development project funds.

6. Propose special mechanisms and policies to resolve difficulties and obstacles during the operation of national defense industry complexes.

Chapter IV

EXPORT OF NATIONAL DEFENSE AND SECURITY INDUSTRIAL PRODUCTS AND SERVICES

Article 16. Products and services for national defense and security industries for export

1. Weapons, equipment, technical means, and technical business means as prescribed in Clauses 7 and 10, Article 2 of the National Defense and Security Industry Law and Mobilization.

2. Technical materials as prescribed in Clause 9, Article 2 of the National Defense and Security Industry Law and Mobilization.

3. Machinery, equipment, production lines.

4. Technical documents including: Design documents, technology documents, and other documents compiling information and data on technical aspects of national defense and security industrial products.

5. Consulting services for research, design, and development activities of products; construction of laboratories, production lines, infrastructure serving research, production, and other activities related to national defense and security production.

6. Technical services, including: Services related to providing technical solutions, research, design, production, repair, modification, improvement, modernization, extension of service life, inspection, evaluation, installation, implementation, maintenance, and upkeep of national defense and security industrial products.

7. Products related to intellectual property as prescribed by laws on intellectual property.

8. Other national defense and security industrial products and services as required by the Ministry of National Defense, the Ministry of Public Security, and programs and agreements for cooperation with governments and defense, security, cryptographic, and confidential agencies of other countries.

Article 17. Requirements for Exporting National Defense and Security Industrial Products and Services

1. Organizations and individuals participating in the export of national defense and security industrial products and services must comply with relevant legal provisions, Vietnam's commitments regarding copyright, intellectual property rights, and international treaties to which the Socialist Republic of Vietnam is a member.

2. Enterprises exporting national defense and security industrial products and services must be core defense industry bases or core security industry bases with export and import functions.

3. Foreign partners must provide documents, including: Business establishment certificates or business registration certificates issued by competent authorities in their home country, legalized according to the law on legalization of foreign public documents; final user certificates issued by competent foreign authorities where the final users are located; commitment documents on intended use.

4. Before negotiating and signing contracts for importing national defense and security industrial products and services, foreign partners must be assessed by competent authorities under the Ministry of National Defense and the Ministry of Public Security within their respective jurisdictions regarding background, functions, tasks, and capabilities. Within fifteen days from the date of receipt of the assessment request document from the exporting enterprise, the competent authority of the Ministry of National Defense and the Ministry of Public Security shall issue a document responding to the assessment results.

5. Foreign partners are exempted from the procedures prescribed in Clause 4 of this Article when authorized or designated by the government, defense, security, cryptographic, and confidential agencies of other countries to import national defense and security industrial products and services from Vietnam.

Article 18. Export procedures for defense and security industrial products and services

1. Establish a list of defense and security industrial products and services for export.

2. Negotiate and sign contracts with foreign partners.

3. Implement export permits, tax exemptions, and customs clearance.

Article 19. Establishment of a list of defense and security industrial products and services for export

1. Every five years, based on the list of weapon and technical equipment groups with strategic significance and special technical business means, the Ministry of National Defense and the Ministry of Public Security within their respective duties and authorities shall establish a list of weapons and technical equipment with strategic significance and special technical business means for export, along with the tactical and technical features of the products, to be submitted to the Prime Minister for approval; in cases of urgent need, specialized agencies for defense industry and specialized agencies for security industry shall report and propose to the Ministry of National Defense and the Ministry of Public Security to submit to the Prime Minister for issuance of decisions to supplement the list.

2. Every three years, specialized agencies for defense industry and specialized agencies for security industry shall report and propose to the Minister of National Defense and the Minister of Public Security within their respective duties and authorities to issue a list of defense and security industrial products and services for export that do not fall under the provisions of Clause 1 of this Article; in cases of urgent need, specialized agencies for defense industry and specialized agencies for security industry shall report and propose to the Minister of National Defense and the Minister of Public Security to issue decisions to supplement the list.

Article 20. Negotiation and signing of contracts with foreign partners

1. Based on the approved list of defense and security industrial products and services for export as stipulated in Article 19 of this Decree and the needs of foreign partners or according to the requirements and tasks of the Ministry of National Defense and the Ministry of Public Security, exporting enterprises negotiate and sign export contracts with foreign partners.

2. Exporting enterprises are responsible for agreeing with partners on the effective date of the contract when they are granted export permission by the competent authority.

Article 21. Issuance of export permits for defense and security industrial products and services

1. Exporting enterprises prepare one set of application documents for export permits for defense and security industrial products and services and submit them directly or send them through postal services or via electronic media to the trade management agency of the Ministry of National Defense or the Ministry of Public Security within their respective jurisdictions.

2. The application documents for export permits for defense and security industrial products and services include:

a) A request for export permit from the exporting enterprise subordinate to the Ministry of National Defense or the Ministry of Public Security or the main unit subordinate to the Ministry of National Defense or the Ministry of Public Security assigned to manage the exporting enterprise, in accordance with Model No. 04 attached to this Decree;

b) An export contract with a foreign partner (a certified or authenticated copy; accompanied by a Vietnamese translation);

c) The results of the assessment of information about foreign partners by the competent agency for cases not covered by Clause 5 of Article 17 of this Decree; a certificate of final user issued by the competent authority of the country where the final user is located; a statement of intended use.

3. In cases where the application documents are incomplete as stipulated in Clause 2 of this Article, within five days from the date of receipt of the documents, the trade management agency of the Ministry of National Defense or the Ministry of Public Security within its jurisdiction shall issue a written request for the exporting enterprise to supplement the documents.

Within seven days from the date of receiving complete and valid documents, the trade management agency of the Ministry of National Defense or the Ministry of Public Security within its jurisdiction shall report to the Minister of National Defense or the Minister of Public Security to grant an export permit to the exporting enterprise or issue a written response stating the reasons for denying the permit.

Article 22. Amending and supplementing export permits for defense and security industrial products and services

1. In cases where there are changes in the types or quantities of defense and security industrial products and services to be exported, the exporting enterprise shall prepare one set of documents to request amending and supplementing the export permit for such products and services, which shall be submitted directly, sent via postal service, or transmitted electronically to the competent trade management agency under the Ministry of National Defense or the Ministry of Public Security within their respective jurisdictions.

2. The documents for requesting amendment and supplementation of the export permit for defense and security industrial products and services include:

a) A request letter from the exporting enterprise under the Ministry of National Defense or the Ministry of Public Security, or from the main unit under these ministries responsible for managing the exporting enterprise, in accordance with Model No. 05 attached to this Decree;

b) A copy of the previously issued export permit;

c) Relevant documents pertaining to the content that needs to be amended or supplemented.

3. In cases where the application documents are incomplete as stipulated in Clause 2 of this Article, within five days from the date of receipt of the documents, the trade management agency of the Ministry of National Defense or the Ministry of Public Security within its jurisdiction shall issue a written request for the exporting enterprise to supplement the documents.

Within seven days from the date of receiving complete and valid documents, the competent trade management agency under the Ministry of National Defense or the Ministry of Public Security within their respective jurisdictions shall report to the Minister of National Defense or the Minister of Public Security to amend and supplement the export permit for the exporting enterprise, or issue a response letter clearly stating the reasons for not amending or supplementing the permit.

Article 23. Extending Export Permits for Defense and Security Industrial Products and Services

1. In cases requiring extension, before the expiration date of the export permit for defense and security industrial products and services, the exporting enterprise shall prepare one set of documents to request extending the export permit for such products and services, which shall be submitted directly, sent via postal service, or transmitted electronically to the competent trade management agency under the Ministry of National Defense or the Ministry of Public Security within their respective jurisdictions.

2. The documents for extending the export permit for defense and security industrial products and services include:

a) A request letter from the exporting enterprise under the Ministry of National Defense or the Ministry of Public Security, or from the main unit under these ministries responsible for managing the exporting enterprise, in accordance with Model No. 06 attached to this Decree;

b) A copy of the previously issued export permit.

3. In cases where the application documents are incomplete as stipulated in Clause 2 of this Article, within five days from the date of receipt of the documents, the trade management agency of the Ministry of National Defense or the Ministry of Public Security within its jurisdiction shall issue a written request for the exporting enterprise to supplement the documents.

Within seven days from the date of receiving complete and valid documents, the competent trade management agency under the Ministry of National Defense or the Ministry of Public Security within their respective jurisdictions shall report to the Minister of National Defense or the Minister of Public Security to extend the export permit for the exporting enterprise, or issue a response letter clearly stating the reasons for not extending the permit.

Article 24. Exemption from Tax and Clearance for Exported Defense and Security Industrial Products and Services

1. Based on the export permit for defense and security industrial products and services and the request from the exporting enterprise under the Ministry of National Defense or the Ministry of Public Security, or from the main unit under these ministries responsible for managing the exporting enterprise, the competent trade management agency under the Ministry of National Defense or the Ministry of Public Security within their respective jurisdictions shall submit a request for exemption from export tax to the competent customs authority to implement tax exemption for the exported defense and security industrial products and services in accordance with the laws on taxation.

2. Exported defense and security industrial products and services that require confidentiality as confirmed by the Minister of National Defense or the Minister of Public Security shall be exempt from customs declaration and actual inspection. The procedures for requesting exemption from customs declaration and actual inspection shall be carried out in accordance with the laws on customs.

3. Exported defense and security industrial products and services not covered by the provisions of Clause 2 of this Article shall be prioritized in customs inspection and supervision in accordance with the laws on customs for goods specifically used for national defense and security purposes.

Chapter V

IMPLEMENTATION PROVISIONS

Article 25. Effective Date

This Decree takes effect from July 1, 2025.

Article 26. Responsibility for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees, and related organizations and individuals are responsible for implementing this Decree./.